Inter-Service Group on the Rights of the Child

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 documents (agenda, minutes, internal correspondence) on the inter-service group on the rights of the child, as established in the COMMUNICATION FROM THE COMMISSION
Towards an EU Strategy on the Rights of the Child of 2006.

I kindly request to make these documents available to the public on the Ask the EU Website.

I do not wish any paper copies sent to my physical address.

Yours faithfully,

Arun Dohle

Justice et Consommateurs

Dear Sir,

 

You have addressed a number of requests to DG JUSTICE in the last days. So
far, we have used the addressed you have provided for previous
applications. However, in two of these last requests you clearly indicate
that you do not wish to receive physical correspondence to your address.

 

With respect to this request, I would like to recall that the provision of
a postal address is from 1 April 2014 a mandatory feature for the purpose
of introducing a request for access to documents, irrespective of the
possibility to post electronically the Commission reply and the released
documents on a website.

 

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 ask you to provide a full postal address, so we can
duly register and handle your requests. 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 for the fact that you postal address may appear on our correspondence
as published on the webpages of AsktheEU, it is always possible to blacken
the relevant lines so as it does not become of public domain.

 

Thank you in advance.

 

Yours sincerely,

 

JUSTICE ACCESS TO DOCUMENT TEAM

From: Arun Dohle

June 16, 2015

From: Arun Dohle

June 16, 2015

Dear Justice and Consumers,

It is with disbelief that I see how my request are dealt with.

Either an immediate reply, without asking for an address. Or this
long legal mail.

Anyway, hereby my physical address. Please register my request
without further delay and I am looking forward to the documents
within the 15 working day time limit.

Please make the documents accessible to the large public through
the Ask the EU website, as a reply to this email.

Best regards,

Arun Dohle

Arun Dohle
Viktoriastr. 46
52066 Aachen

Justice et Consommateurs

Dear Mr Dohle,

Thank you for your request dated 15/06/2015 and your e-mail dated 16/06/2015. We hereby acknowledge receipt of your request for access to documents which was registered on 17/06/2015 under reference GestDem 2015/3233.

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 08/07/2015. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,
JUST ACCESS TO DOCUMENTS TEAM
---------------------------------------------------------------------------------------------------------------------------

Afficher les sections citées

Arun Dohle a laissé une remarque ()

Time limit 8 July 2015

Dear Justice and Consumers,

You have sent the first part of the reply to my private gmail. Please provide public access here.

Yours faithfully,

Arun Dohle

Dear Justice and Consumers,

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

I am writing to request an internal review of Justice and Consumers's handling of my FOI request 'Inter-Service Group on the Rights of the Child'.

I received the below mail, in which is indicated that the second part will be only dispatched in September 2015.

Considering that the amount of documents is not that huge (some 45 pages in the first badge), I do not consider this satisfactory.

I do not think this complies with the formal rules for exceptions, as laid down in the regulation 1049/2001.

"From: [email address] [mailto:[email address]]
Sent: Mittwoch, 8. Juli 2015 16:26
To: [email address]
Cc: [email address]; [email address]; [email address]
Subject: RE: access to information request - Inter-Service Group on the Rights of the Child_GETSTDEM 2015/3233

Dear Sir,

Attached please find a first set of documents pertaining to your request GESTDEM 2015/3233 covering the years 2006-2010. Given the volume of your requests, and concurrent requests by you, the second part will be dispatched in September 2015.

Yours faithfully,

European Commission
DG JUSTICE AND CONSUMERS - Unit C1 Fundamental rights and rights of the child
B-1049 Brussels/Belgium

-----Original Message-----
From: Arun Dohle [mailto:[email address]]
Sent: Monday, June 15, 2015 12:37 AM
To: JUST ACCES DOCUMENTS
Subject: access to information request - Inter-Service Group on the Rights of the Child

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 documents (agenda, minutes, internal correspondence) on the inter-service group on the rights of the child, as established in the COMMUNICATION FROM THE COMMISSION Towards an EU Strategy on the Rights of the Child of 2006.

I kindly request to make these documents available to the public on the Ask the EU Website.

I do not wish any paper copies sent to my physical address.

Yours faithfully,

Arun Dohle"

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

Yours faithfully,

Arun Dohle

Justice et Consommateurs

Dear Sir,

Thank you for your email dated 10/07/2015.

We hereby acknowledge receipt of your confirmatory application for access to documents, which was registered on 10/07/2015 under reference number GestDem 2015/3233 – Ares(2015)2909165.

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 03/08/2015. 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

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

Afficher les sections citées

EC ARES NOREPLY, Justice et Consommateurs

[1]Ares(2015)3071076 - Access to information request - Inter-Service Group
on the Rights of the Child_GETSTDEM 2015/3233

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 15 June 2015 in which you make a request for
access to documents, registered on 17 June 2015 under the above mentioned
reference number.

Your application concerns a very large number of documents, which need to
be assessed individually. Such a detailed analysis cannot be carried out
within the normal time limits set out in Article 7 of Regulation
1049/2001.

We therefore propose to handle your application in successive stages.
Please advise if you would accept this proposal with the result that a
second batch of documents will be sent to you in September.

Yours faithfully

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

Afficher les sections citées

Dear DG Justice - Unit C1

Firstly, I handed in a confirmatory appeal on 10 July 2015 - see below.

Second, I requested on 10 July 2015 to make the documents you sent to my private gmail address public.

Yours sincerely,

Arun Dohle

Justice and Consumers

July 10, 2015

Dear Sir,

Thank you for your email dated 10/07/2015.

We hereby acknowledge receipt of your confirmatory application for access to documents, which was registered on 10/07/2015 under reference number GestDem 2015/3233 – Ares(2015)2909165.

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 03/08/2015. 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

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

show quoted sections

Arun Dohle a laissé une remarque ()

Time Limit 3 August 2015

Justice et Consommateurs

2 Attachments

Dear Mr Dohle,

Kindly find herewith a letter concerning your confirmatory application for
access to documents (gestdem 2015/3233).
Yours sincerely,
 
Carlos Remis
SG.B.4
Transparence
Berl. 05/332
 
 
 
 
 
 

 
 
 

Dear Justice and Consumers,

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

I am writing to request an new internal review of Justice and Consumers's handling of my FOI request 'Inter-Service Group on the Rights of the Child' (gestdem 2015/3233).

I had already replied to DG JUST that I maintain my previous request for internal review/confirmatory appeal.

Considering that the amount of documents is not that huge (some 45
pages in the first badge), I do not consider this satisfactory.

I do not think this complies with the formal rules for exceptions,
as laid down in the regulation 1049/2001.

See also my below mail to DG JUST.

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

Yours faithfully,

Arun Dohle

From: Arun Dohle

July 22, 2015

Dear DG Justice - Unit C1

Firstly, I handed in a confirmatory appeal on 10 July 2015 - see
below.

Second, I requested on 10 July 2015 to make the documents you sent
to my private gmail address public.

Yours sincerely,

Arun Dohle

Justice and Consumers

July 10, 2015

Dear Sir,

Thank you for your email dated 10/07/2015.

We hereby acknowledge receipt of your confirmatory application for
access to documents, which was registered on 10/07/2015 under
reference number GestDem 2015/3233 – Ares(2015)2909165.

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 03/08/2015. 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

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

show quoted sections

Justice et Consommateurs

Dear Mr Dohle
In order to process your confirmatory request would you please indicate the GESTDEM reference of your initial request?
Regards
JUST ACCESS DOCUMENTS TEAM

Afficher les sections citées

Dear Justice and Consumers,

As requested: GestDem 2015/3233

Yours faithfully,

Arun Dohle

Justice et Consommateurs

3 Attachments

  • Attachment

    Confirmatory application for access to documents pursuant to Regulation 1049 2001 GESTDEM 2015 3233.html

    2K Download

  • Attachment

    Picture Device Independent Bitmap 1.jpg

    1K Download

  • Attachment

    DOHLE 2015 3233 new decision docx 2.pdf

    39K Download View as HTML

Dear Mr Dohle,

Please note that you already requested an "internal review" for the case ref. GestDem 2015/3233, to which the Secretariat General sent you its reply on 29/07/2015. Please find it attached for your convenience.

Best regards,

ACCESS TO DOCUMENTS TEAM

European Commission
Secretariat General
Unit SG.B4 – Transparency

Afficher les sections citées

Dear Justice and Consumers,

Thank you, I am well aware of the letter of 29 July. Yesterday's confirmatory appeal was a New one, as suggested in that letter.

Yours faithfully,

Arun Dohle

Justice et Consommateurs

The activity of European Commission departments is likely to be reduced
during August.  We will handle your requests for access to documents as
soon as possible.  However, some delays may occur, especially where the
processing of data requires the consultation of national administrations,
external organisations or other services.

* *  *

L'activité des services de la Commission européenne étant réduite durant
le mois d'août, vos demandes d'accès aux documents seront traitées dans
les meilleurs délais. Toutefois, certains retards peuvent se produire, en
particulier lorsque le traitement des données exige la consultation des
administrations nationales, d’organisations extérieures ou d’autres
services.

*  *  *

Die Tätigkeiten der Dienststellen der Europäischen Kommission sind im
August reduziert; Ihre Anträge auf Zugang zu Dokumenten werden dennoch so
schnell wie möglich bearbeitet. Allerdings können Verzögerungen auftreten,
insbesondere wenn die Berarbeitung der Anträge die Konsultierung der
nationalen Verwaltungen, externer Organisationen oder anderer
Dienststellen erforderlich macht.

 

Dear Justice and Consumers,

GestDem 2015/323

I note that that some delays may happen during August.

I sent on 6 August a message that I maintained the earlier Confirmatory Appeal.

I would appreciate if you can confirm that this has indeed been forwarded to the General Secretariat for handling.

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)3537443 – GESTDEM 2015/3233).

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

Afficher les sections citées

Arun Dohle a laissé une remarque ()

New Time Limit: 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 2015/3233

 

Yours sincerely,

 

 

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

Unit B4 - Transparency

 

References

Visible links

Arun Dohle a laissé une remarque ()

Delayed for another 15 days, new time limit 8 October 2015

Justice et Consommateurs

1 Attachment

Dear Sir,

 

Please find attached a reply to your confirmatory application for access
to documents with ref. Gestdem 2015/3233.

 

This document is only sent by email.

 

Kind regards,

 

ACCESS TO DOCUMENTS TEAM (PS)

European Commission

Secretariat General

Unit SG.B4 – Transparency

Dear General Secretariat, Dear Mr. Kroger,

Yesterday I received from you a letter informing me that the time limit needed to be extended until 8 October 2015.

To the best of my knowledge, I have not received the second batch from DG JUST yet.

Yours faithfully,

Arun Dohle

Justice et Consommateurs

4 Attachments

Dear Mr Dohle,

 

Please find enclosed a copy of the reply sent to you, by DG JUST, on
21.09.2015.

 

Kind regards,

 

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

 

 

Arun Dohle a laissé une remarque ()

There seem to have been no more meetings after 2013?!