Certificate of Excellence for SERA

Secretaría General de la Comisión Europea no tenía la información solicitada.

Dear Secretariat General,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

All documents, correspondence, minutes etc about the Certificate of Excellence given to SERA (Solidarite Enfants Abandonnes Roumains) for the implementation of the project "Improve the organisational efficiency of the Child Protection System in Romania" - Code SMIS 26554.

According to the information provided to me by SERA, such certificate was provided for this project.

Reference date: 11 April 2014

Yours faithfully,

Arun Dohle

Secretaría General de la Comisión Europea

Dear Mr Dohle,

Thank you for your request for access to documents.

Unfortunately you have not indicated your postal address that is required for registering and handling your request in line with the procedural requirements.

Please send us your full postal address at your earliest convenience. Pending your reply, we reserve the right to refuse the registration of your request.

You may, of course, use directly the electronic form for entering your request:
http://ec.europa.eu/transparency/regdoc/...

Best regards,

Carlos Remis
SG.B.4
Transparence
Berl. 05/332

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Dear Secretariat General,

I do not have the time to go to the post office and am travelling a lot.

Instead of sending it to my physical address, please email the documents. I have provided the European Commission several times my address, picked up the documents, so there is no reason to doubt my existence.

And no, I do not use your electronic form, as I consider my requests to be of public interest.

The Dutch authorities publish all documents requested under their law for access to documents on the internet. Perhaps an example to follow?

Yours faithfully,

Arun Dohle

Secretaría General de la Comisión Europea

Dear Mr Dohle,

Thank you for your e-mail of 11 June 2015 below by which you reply to our request to provide a postal address. You indicate that you have provided a postal address in the past and that you would prefer to receive copy of the decision related to your request by e-mail.

I would like to inform you that our request to provide a postal address corresponds to our policy and that we only register requests from the moment a postal address is provided.

May I understand from your e-mail that we could use the same postal address as for your previous request, namely Reimserstrasse 47 D - 52074 Aachen? As to your request to receive the decision to your request by e-mail, we would be glad to advance you a copy of the decision by e-mail.

Yours sincerely,

Elissavet Kapnopoulou
SG.B.4
Transparence

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Dear Secretariat General,

That address is old.

Considering the sensitivity of the issue I deal with, I would no longer like my address to be made public.

The "Romanian File" leaves a trail of intimidations and treaths.

According to Regulation 1049/2001 there is no need to send paper documents.

Please publish the requested documents online at the Ask the EU website.

Thanking you in advance,

Arun Dohle

Secretaría General de la Comisión Europea

Dear Mr Dohle,

Thank you for your reply of 12 June 2015 in which you do not provide a postal address. You inform us that you no longer wish for your address to be made public considering the sensitivity of the issue you deal with. According to you, Regulation 1049/2001 does not stipulate an obligation to send paper documents. You request that we publish the requested documents online at the Ask the EU website.

With respect to your remarks regarding the provision of a postal address, please find our explanations below.

On 1 April 2014, the postal address became a mandatory feature for the purpose of introducing a request for access to documents.

The decision to ask for a postal address from applicants for access to documents was triggered by the following considerations:

• The need to obtain legal certainty as regards the date of receipt of the reply by the applicant under Regulation 1049/2001. Indeed, as foreseen by Article 297 of the Treaty on the Functioning of the European Union (TFEU), […] decisions which specify to whom they are addressed, shall be notified to those to whom they are addressed and shall take effect upon such notification. Replies triggering the possibility for administrative or judicial redress are therefore transmitted via registered mail with acknowledgement of receipt. This requires an indication of a valid postal address by the applicant;

• The need to direct the Commission's scarce resources first of all to those requests which have been filed by "real" applicants. With only a compulsory indication of an e-mail address, applicants can easily introduce requests under an invented identity or under the identity of a third person. Asking for a postal address helps the Commission to protect the administration, as well as other citizens and legal persons, from abuse;

• For similar reasons, asking for a compulsory indication of a postal address enables the Commission services to verify whether Article 6(3) of the Regulation, on voluminous requests, is being evaded by introducing several requests under different identities. Indeed, in its Ryanair judgment, the General Court confirmed that Article 6(3) cannot be evaded by splitting the application into a number of applications. The Commission would like to point out that, in 2012/2013, it received some 57 confirmatory requests from what it suspects to be one single applicant operating under 13 different identities;

• Knowing whether the applicant is an EU resident in the sense of Article 2(1) of Regulation 1049/2001 is a precondition for the purpose of correctly applying the exception in Article 4(1)(b) of Regulation 1049/2001 (protection of the privacy and integrity of the individual), which has to be interpreted in accordance with Data Protection Regulation 45/2001. Article 9 of Regulation 45/2001 requires the adequacy of the level of protection afforded by the third country or international organisation when transmitting personal data to third-country residents or legal persons. It follows that, in case of requests for documents which include personal data, the correct application of the data protection rules cannot be ensured in the absence of a postal address enabling the Commission to ascertain that the minimum data protection standards will be respected.

All of these considerations show that the request for and the consequent processing of a postal address is not only appropriate but also strictly necessary for the performance of a task carried out in the public interest within the meaning of Article 5 (a) of Data Protection Regulation 45/2001, namely providing a smooth and effective access to documents. On 28 April 2015, the European Data Protection Supervisor decided on a complaint against the European Commission relating to personal information (postal address) asked by the Commission in the context of access to documents requests lodged pursuant to Regulation (EC) 1049/2001. He concluded that our policy is in line with Regulation (EC) 45/2001.

We therefore kindly reiterate our request to you to provide a full postal address, so we can duly register and handle your request. Please note that, once we receive your postal address, we will register your request for access as an initial application for access to documents in the meaning of Article 6(1) of Regulation 1049/2001. The deadline for handling your initial request shall run as from the moment of registration of your request following the submission of your postal address.

As to your wish not to make your address public, we can send you a copy of the decision to an alternative, private email address. It will be then up to you to decide whether you wish to publish the documents you receive on the Ask the EU web site.

Thank you in advance.

Best regards,

Elissavet Kapnopoulou
SG.B.4
Transparency

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Dear Secretariat General,

Hereby my physical address.

I must say that I find the resistance to provide access to documents unbelievable. Also, the resistance in some cases seems bigger than in other cases. Some DG's ask for a physical address. Some don't.

DG JUST replied to one of my requests immediately, without asking for an address. For other requests, they are sending identical mails like the one you sent me (SG).

Anyway, now you have my address. Kindly register my request now without any further delay. Looking forward to your reply in 15 working days max.

Yours faithfully,

Arun Dohle

Arun Dohle
Viktoriastr. 46
52066 Aachen

Secretaría General de la Comisión Europea

1 Adjuntos

Dear Sir,

Thank you for your e-mail dated 16/06/2015. We hereby acknowledge receipt of your application for access to documents, which was registered on 16/06/2015 under reference number GestDem 2015/3226.

In accordance with Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, your application will be handled within 15 working days. The time limit will expire on 07/07/2015.

In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

Carlos Remis
SG.B.4
Transparence
Berl. 05/332

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Arun Dohle dejó un comentario ()

Time Limit 7 July 2015

Secretaría General de la Comisión Europea

Dear Mr Dohle,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2011, you have requested access to all documents, correspondence, minutes etc. about the Certificate of Excellence given to SERA for the implementation of the project "Improve the Organisational Efficiency of the Child Protection System in Romania" code SMIS 26554 on 11 April 2014.

Please note that the European Commission is not in the possession of any such documents.

Please address your query to the Romanian Managing Authority for the Sectoral Operational Programme Administrative Capacity Development.

Yours faithfully,

Septimia Dobrescu
Team Leader

European Commission
D.G. Employment, Social Affairs and Inclusion
Social Market Economy in Member States II: ESF
Unit F5 -Romania, Bulgaria, Malta
Rue de Spa, 3; B - 1049 Brussels
Phone: +32-2-2997672

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Dear Secretariat General,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Secretariat General's handling of my FOI request 'Certificate of Excellence for SERA'.

I do not consider the reply of DG EMPL satisfactory.

Considering the history of this project, and the EU taxpayer's money involved, I consider it the task of DG EMPL to verify if a certificate of excellence was handed to the contractor in name of the European Union/European Commission by the Managing Authority.

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/certi...

Yours faithfully,

Arun Dohle

Arun Dohle dejó un comentario ()

Time Limit 27 July 2015

Secretaría General de la Comisión Europea

Dear Mr Dohle,

Thank you for your email dated 04/07/2015, registered on 06/07/2015. I hereby acknowledge receipt of your confirmatory application for access to documents (ref.: Ares(2015)2820388 – GestDem 2015/3226).

In accordance with Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents, you will receive a response to your request within 15 working days (28/07/2015).

In case this deadline needs to be extended, you will be informed in due course.

Best regards,

ACCESS TO DOCUMENTS TEAM

European Commission
Secretariat General
Unit SG.B4 – Transparency

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Arun Dohle dejó un comentario ()

New time Limit 28 July 2015

Secretaría General de la Comisión Europea

2 Adjuntos

Dear Mr Dohle,

Kindly find the answer to your confirmatory application concerning your
request for access to documents pursuant to Regulation (EC) N° 1049/2001
regarding public access to European Parliament, Council and Commission
documents (Gestdem 2015/3226).
Yours sincerely,
Carlos Remis
SG.B.4
Transparence
Berl. 05/332