allegations adoptions procedures Bulgaria

La demande est réussie.

Dear Justice and Consumers,

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 reports and other documents/correspondence related to allegations with regard to the adoption procedures in Bulgaria.

For reference see written question:

EN
E-003431/2015
Answer given by Vice-President Timmermans
on behalf of the Commission
(28.6.2015)
The Commission is aware of some reports and allegations with regard to adoption procedures in Bulgaria.

Yours faithfully,

Arun Dohle

Justice et Consommateurs

Dear Mr Dohle,

Thank you for your request dated 07/07/2015. We hereby acknowledge receipt of your request for access to documents which was registered on 08/07/2015 under reference GestDem 2015/3601.

In accordance with Regulation 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 30/07/2015.
In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,
JUST ACCESS TO DOCUMENTS TEAM

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Arun Dohle a laissé une remarque ()

Time Limit 30 July 2015

Justice et Consommateurs

Dear Mr Dohle
We refer to your e-mail 07/07/2015 in which you make a request for access to documents, registered under the reference number GESTDEM 2015/3601.
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 30/07/2015.
An extended time limit is needed as your application, being rather vague, implies several searches which are time consuming.
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 20/08/2015.
We apologise for this delay and for any inconvenience this may cause.
Yours faithfully,
JUST ACCESS DOCUMENTS TEAM

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Dear Justice and Consumers,

Thank you for your reply of today, by which you say extending the time limit is necessary (GestDem 2015/3601).

Hereby I hand in a confirmatory appeal. Please send it one to the Secretariat General.

I do not agree that my request was "rather vague" and thus time-consuming.

The reply of First Vice President Timmermans to two Dutch Members of the European Parliament was clear in stating that the Commission is aware of some reports and allegations with regard to adoption procedures in Bulgaria.

It should not be too time-consuming to find those reports and eventual other documents holding such allegations.

I consider that the reason provided for extending the time limit with 15 working days not comply with Regulation 1049/2001.

Therefore I consider the previous deadline of 30 July still as valid. I would welcome the General Secretariat's opinion on this matter.

Yours faithfully,

Arun Dohle

EC ARES NOREPLY, Justice et Consommateurs

3 Attachments

[1]Ares(2015)3183841 - Access to information request - allegations
adoptions procedures Bulgaria GESTDEM 2015/3601

Sent by JUST CHILDREN RIGHTS <[email address]>. All
responses have to be sent to this email address.
Envoyé par JUST CHILDREN RIGHTS <[email address]> .
Toutes les réponses doivent être effectuées à cette adresse électronique.

Dear Sir

We refer to your email dated 7 July 2015 in which you make a request for
access to documents, registered under the above-mentioned reference
number.

Your application concerns the following documents:

"All reports and other documents/correspondence related to allegations
with regard to the adoption procedures in Bulgaria"

Some of the documents to which you have requested access contain personal
data, in particular the names of colleagues working in the European
Commission.

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 (OJ L 8 of 12.1.2001, p. 1).

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

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 the documents requested expunged from this personal
data.

In case you would disagree with the assessment that the expunged data are
personal data which can only be disclosed if such disclosure is legitimate
under the rules of personal data protection, 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.

In addition, the 2009 brochure entitled "Challenges in adoption procedures
in Europe: Ensuring the best interests of the child" can be downloaded
from
[2]http://ec.europa.eu/justice/civil/files/...

Yours faithfully

DG Justice and Consumers - Unit C1 Fundamental rights and rights of the
child
European Commission
B-1049 Brussels/Belgium

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Dear Justice and Consumers,

Please pass this on to the General Secretariat who conducts Freedom of Information reviews. (GESTDEM 2015/3601)

I am writing to request an internal review of Justice and Consumers's handling of my FOI request 'allegations adoptions procedures Bulgaria'.

The reply I received is in contradiction with the reply given by First Vice President Frans Timmermans to a Written Question by two MEPS.

According to this reply the Commission does not monitor the corruption in adoption procedures under the CVM procedure. Therefore it makes not much sense to send me the CVM reports.

I requested the reports to which FVP Timmermans referred in his reply

"EN
E-003431/2015
Answer given by Vice-President Timmermans
on behalf of the Commission (28.6.2015)
The Commission is aware of some reports and allegations with regard to adoption procedures in Bulgaria."

Therefore, under the Confirmatory Appeal Procedure, I kindly request the General Secretariat to look into this matter.

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

Yours faithfully,

Arun Dohle

Justice et Consommateurs

Dear Mr Dohle,

Thank you for your email dated 19/08/2015, registered on 27/08/2015. I hereby acknowledge receipt of your confirmatory application for access to documents (ref.: Ares(2015)3537363 – GESTDEM 2015/3601).

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 (17/09/2015).

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 a laissé une remarque ()

deadline 17 September 2015

Justice et Consommateurs

2 Attachments

Dear Mr. DOHLE,

 

Please find attached a letter concerning your confirmatory application for
access to documents under Regulation (EC) No 1049/2001 - GESTDEM
No 2015/3601

 

Yours sincerely,

 

 

DANIEL VANCAMPENHOUT
Assistant
[1]cid:image001.gif@01D0EBDE.BB3BA620
European Commission
Secretariat General

Unit B4 - Transparency

 

References

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Arun Dohle a laissé une remarque ()

Extention of Time Limit to 8 October 2015

Justice et Consommateurs

7 Attachments

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 2015/3601).

Yours sincerely,

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