European Year of Combating Violence against Women

Esperando una revisión interna por parte de Secretaría General de la Comisión Europea de cómo han respondido a esta solicitud.

Dear Secretariat General of the European Commission,

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:
I am requesting minutes, notes of the discussions, position papers, and any other
documents relating to the decision to not establish a European Year of Combating
Violence against Women as asked in the written declaration signed by over half the
Members of the European Parliament on the 9 September 2010 (https://eur-
lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:52010IP0318)

Yours faithfully,
Lidia Lidia

Secretaría General de la Comisión Europea

1 Adjuntos

Dear Lidia Lidia,
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:
[1]http://ec.europa.eu/transparency/regdoc/...
Yours faithfully,
 
Gitte Louise Olsen
Access to documents team
 
European Commission
Secretariat-General
Unit B4 - Transparency
Office address BERL 05/315
+32 2 995 63 26
[2][email address]
 
 
 
 

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Dear Gitte Louise Olsen ,
Many thanks for your answer.
Please can you give me an email address where I can send you my address? Obviously I am not very keen in putting this information out in public.
If there isn't an email, please can you confirm that I can address my letter to:
Gitte Louise Olsen
Access to documents team
European Commission
Secretariat-General
Unit B4 - Transparency
Office address BERL 05/315

Many thanks for your time and help.

Yours faithfully,
Lidia Lidia

Secretaría General de la Comisión Europea

1 Adjuntos

Dear Lidia Lidia,
 
With respect to your questions regarding the provision of a postal address
(copied below), 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.
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.
 
Thank you in advance.
 
Best Regards,
 
Gitte Louise Olsen
Access to documents team
 
European Commission
Secretariat-General
Unit B4 - Transparency
Office address BERL 05/315
+32 2 995 63 26
[1][email address]
 
 

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Dear Gitte Louise Olsen ,
Many thanks for your answer.
I didn't write that I don't want to give you my postal address. I am very happy to give it to you, but I am not happy to give it to you through a conversation that we have on this platform, because it will become public on the web. I don't feel saf publishing my home address on the web.
Please can you give me an email address where I can send you my home postal address?
If there isn't an email, please can you confirm that I can address my letter to:
Gitte Louise Olsen
Access to documents team
European Commission
Secretariat-General
Unit B4 - Transparency
Office address BERL 05/315

Many thanks for your time and help.

Yours faithfully,
Lidia Lidia

Secretaría General de la Comisión Europea

1 Adjuntos

Dear Lidia Lidia,
 
You can indeed either send it by snail mail to my office address, or from
an email address other than the one generated by AskTheEU and address it
to [1][email address]. If the latter, please make sure you include
the GESTDEM reference of the relevant request.
 
Alternatively, you may request that your access to documents request
GESTDEM 2018/3245 be cancelled and you may subsequently submit a new
request via the online form on
[2]http://ec.europa.eu/transparency/regdoc/.
 
Best regards,
 
Gitte Louise Olsen
Access to documents team
 
European Commission
Secretariat-General
Unit B4 - Transparency
Office address BERL 05/315
+32 2 995 63 26
[3][email address]
 
 
 
 

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Dear Gitte Louise Olsen ,
Many thanks for your answer.

Please can you tell me where I can find the 'GESTDEM reference of the relevant request'?
Just to be clear, I am requesting minutes, notes of the discussions, position papers, and any other
documents relating to the decision to not establish a European Year of Combating
Violence against Women as asked in the written declaration signed by over half the
Members of the European Parliament on the 9 September 2010. All the pertinent documents to this matter from the 9 September 2010 to December 2017.

Many thanks for your help.

Yours faithfully,
Lidia Lidia

Secretaría General de la Comisión Europea

1 Adjuntos

Dear Lidia Lidia,
 
The GESTDEM reference attributed to your request submitted via the
AsktheEU.org platform was mentioned in my previous email: GESTDEM
2018/3245.
 
When you submit your access to document requests directly to the
Commission via its online form (
[1]http://ec.europa.eu/transparency/regdoc/), a new GESTDEM reference will
be provided. Please note, your personal data, including postal address,
remains non-public when submitting a request via the above online form.
 
As mentioned to you in my previous email, submitting a request for access
to documents via the online form of the Commission or via the AsktheEU.org
platform is not the same:
 
You have lodged your application via the AsktheEU.org website. Please note
that this is a private website which has no link with any institution of
the European Union. Therefore the European Commission cannot be held
accountable for any technical issues or problems linked to the use of this
system.
Please note also that the European Commission is not responsible for any
possible processing of personal data by the private organisation running
the AsktheEU.org website, through which you have channelled your request.
Please refer to their privacy policy.
 
Best Regards,
 
Gitte Louise Olsen
Access to documents team
 
European Commission
Secretariat-General
Unit B4 - Transparency
Office address BERL 05/315
+32 2 995 63 26
[2][email address]
 
 
 
 

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Dear Gitte Louise Olsen,
On the 20th of June I sent you a snail mail with my home address. It arrived in Belgium on the 21st of June, but for some strange reason it has been delivered to you just on the 6th of July.

Did you get this letter? If so, are you now able to send me the requested document?

Many thanks for your help and attention.

Yours faithfully,

Lidia Lidia

Secretaría General de la Comisión Europea

1 Adjuntos

Dear Lidia Lidia,
Thank you for your letter where you provide us with your postal address
received 09/07/2018.  We hereby acknowledge receipt of your application
for access to documents, which was registered on 09/07/2018 under
reference number GestDem 2018/3245.
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
30/07/2018. In case this time limit needs to be extended, you will be
informed in due course.
The European Commission is preparing a new online platform for submitting
and handling requests for public access to documents held by the
Commission based on [1]Regulation 1049/2001. All citizens and stakeholders
with an interest in this field are welcome to share their views by filling
in the [2]online questionnaire.
 
Best regards,
 
Gitte Louise Olsen
Access to documents team
 
European Commission
Secretariat-General
Unit B4 - Transparency
Office address BERL 05/315
+32 2 995 63 26
[3][email address]
 
 
 
 

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Secretaría General de la Comisión Europea

1 Adjuntos

Dear Lidia Lidia,

 

We refer to your e-mail dated 13/06/2018 in which you make a request for
access to documents, registered on 09/07/2018 under the above mentioned
reference number.

Your application is currently being handled. However, we will not be in a
position to complete the handling of your application within the time
limit of 15 working days, which expires on 30/07/2018.

An extended time limit is needed as your application concerns a large
number of documents and in order to retrieve them, large files have to be
examined.

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit expires on 21/08/2018.

We apologize for this delay and for any inconvenience this may cause.

Yours faithfully,

 

JUST D2 Secretariat

 

[1]cid:image001.png@01CF9455.CA032B10

European Commission

DG JUST - Directorate-General for Justice and Consumers

Unit D2 – Gender Equality

Office LX40 07/27

B-1049 Brussels

 

 

 

 

References

Visible links

Dear Secretariat General of the European Commission,
Many thanks for your answer.
I am happy to wait.
Yours faithfully,

Lidia Lidia

Secretaría General de la Comisión Europea

11 Adjuntos

Dear Madam,

We refer to your e-mail dated 13/06/2018 in which you make a request for
access to documents, registered on 09/07/2018 under the above mentioned
reference number.

We enclose copies of or links to the documents requested:

- Commission’s follow-up to the EP’s 2015 written declaration on the
European Year on Combating Violence against Women, which was transmitted
to the EP on 24 September 2015 (ref. DCL-0004-2015).

- Letter from Minister U. Augulis (Ministry of Welfare of the Republic of
Latvia) to Commissioner V. Jourová on 27 May 2015 (ref. Ares(2015)2321346)
and Commissioner V. Jourová's reply (ref Ares Ares(2015)3703428).

- Letter from MEP J. Kirton-Darling to Commissioner V. Jourová on 15 March
2018 (ref. Ares(2018)1448632)  and Commissioner V. Jourová's reply (ref.
Ares(2018)2418988).

- Parliamentary Questions [1]O-000080/2014, [2]E-015220/2015,
[3]E-000496/2016, [4]E-004527/2016.

 

For documents produced by the Commission, you may reuse them free of
charge for non-commercial and commercial purposes provided that the source
is acknowledged, that you do not distort the original meaning or message
of the documents. Please note that the Commission does not assume
liability stemming from the reuse.

Please note that the personal data of staff who are not the main
representative of the organisation from which a document originates,
biometric data such as signatures, and contact details of individuals have
been redacted by default, with reference to Article 4(1)(b) (protection of
privacy and the integrity of the individual) of Regulation 1049/2001.

Furthermore:

- Letter from Minister U. Augulis (Ministry of Welfare of the Republic of
Latvia) to Commissioner V. Jourová on 27 May 2015 (ref.
Ares(2015)2321346): Please note that this document was received by the
Commission from Minister U. Augulis (Ministry of Welfare of the Republic
of Latvia). It is disclosed for information only and cannot be re-used
without the agreement of the originator, who holds a copyright on it. It
does not reflect the position of the Commission and cannot be quoted as
such.

- Letter from MEP J. Kirton-Darling to Commissioner V. Jourová on 15 March
2018 (ref. Ares(2018)1448632): Please note that this document was received
by the Commission from MEP J. Kirton-Darling. It is disclosed for
information only and cannot be re-used without the agreement of the
originator, who holds a copyright on it. It does not reflect the position
of the Commission and cannot be quoted as such.

Some of the documents to which you have requested access contain personal
data, in particular handwritten signatures.

Pursuant to Article 4(1) (b) of Regulation (EC) No 1049/2001, access to a
document has to be refused if its disclosure would undermine the
protection of privacy and the integrity of the individual, in particular
in accordance with Community legislation regarding the protection of
personal data. The applicable legislation in this field is Regulation (EC)
No 45/2001 of the European Parliament and of the Council of 18 December
2000 on the protection of individuals with regard to the processing of
personal data by the Community institutions and bodies and on the free
movement of such data[5][1].

When access is requested to documents containing personal data, Regulation
(EC) No 45/2001 becomes fully applicable[6][2].

According to Article 8(b) of this Regulation, personal data shall only be
transferred to recipients if they establish the necessity of having the
data transferred to them and if there is no reason to assume that the
legitimate rights of the persons concerned might be prejudiced.

We consider that, with the information available, the necessity of
disclosing the aforementioned personal data to you has not been
established and/or that it cannot be assumed that such disclosure would
not prejudice the legitimate rights of the persons concerned. Therefore,
we are disclosing a version of the documents requested in which these
personal data have been redacted.

As to the handwritten signatures, which are biometric data, there is a
risk that their disclosure would prejudice the legitimate interests of the
persons concerned.

In case you would disagree with the assessment that the redacted data are
personal data which can only be disclosed if such disclosure is legitimate
under the applicable rules on the protection of personal data, you are
entitled, in accordance with Article 7(2) of Regulation 1049/2001, to make
a confirmatory application requesting the Commission to review this
position.

Such a confirmatory application should be addressed within 15 working days
upon receipt of this letter to the Secretary-General of the Commission at
the following address:

European Commission

Secretary-General

Transparency unit SG-B-4

BERL 5/288

B-1049 Bruxelles   or by email to: [7][SG request email]

 

Yours faithfully,

 

JUST D2 Secretariat

 

[8]cid:image001.png@01CF9455.CA032B10

European Commission

DG JUST - Directorate-General for Justice and Consumers

Unit D2 – Gender Equality

Office LX40 07/27

B-1049 Brussels

 

 

------------------------

[9][1]  Official Journal L 8 of 12.1.2001, p. 1

[10][2]  Judgment of the Court of Justice of the EU of 29 June 2010 in
case 28/08 P, Commission/The Bavarian Lager Co. Ltd, ECR 2010 I-06055.

References

Visible links
1. http://www.europarl.europa.eu/sides/getD...
2. http://www.europarl.europa.eu/sides/getD...
3. http://www.europarl.europa.eu/sides/getD...
4. http://www.europarl.europa.eu/sides/getD...
5. file:///tmp/foiextract20211201-23715-19m2csn#_ftn1
6. file:///tmp/foiextract20211201-23715-19m2csn#_ftn2
7. mailto:[SG request email]
9. file:///tmp/foiextract20211201-23715-19m2csn#_ftnref1
10. file:///tmp/foiextract20211201-23715-19m2csn#_ftnref2

Dear Secretariat General of the European Commission,

many thanks for your help.

Yours faithfully,

Lidia Lidia

Secretaría General de la Comisión Europea

 

European Commission services are closed on 15 August 2018.  We will handle
your requests for access to documents as from 16 August.

*  *  *

Les bureaux de la Commission sont fermés le 15 août 2018.  Vos demandes
d'accès aux documents seront traitées dès le 16 août. 

 

Dear Secretariat General of the European Commission,
I think there is a partial mistake in the documents you sent me. I asked you for the documents relating to the EP’s 2010 written declaration on establishing a European Year of Combating Violence against Women (https://eur-lex.europa.eu/legal-content/...).
But in your answer you mention documents relating to The ' EP’s 2015 written declaration on the European Year on Combating Violence against Women'.
Please can I have access to minutes, notes of the discussions, position papers, and any other 
documents relating to the Declaration of the European Parliament of 9 September 2010 on establishing a European Year of Combating Violence against Women 2011/C 308 E/18

Yours faithfully,

Lidia Lidia