Dear Neighbourhood and Enlargement Negotiations,

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:

The document with the below reference:

CONFIDENTIAL
Brussels, 04/07/01
PMC/RP/SMD D(2001)
Subject: Romanian Children – analysis of the situation

It was already provided earlier

https://www.asktheeu.org/en/request/1437...

But fully blackened.
We request it to be unblackened, including the names of whistleblower Roelie Post and Simon Mordue.

Yours faithfully,

Against Child Trafficking
Keizersgracht 482
1017EG Amsterdam

Dear Neighbourhood and Enlargement Negotiations,

It is an attachment to an email from Katja to Mr. Simon Mordue of 24 April 2013 about the SERA contract.

The attachment is about Child Protection and NGO's.
The attachment dates from 4/7/2001

It is doc. 23 in this Ask the EU request - page 7 and 8:

https://www.asktheeu.org/request/corresp...

Yours faithfully,

Against Child Trafficking

Dear [email address],

It is 15 working days since 20 february 2025.
Time limit expired.

Yours sincerely,

Against Child Trafficking

Please pass this on to the person who reviews confirmatory applications.

I am filing the following confirmatory application with regards to my access to documents request 'document to unblacken - Romania child protection'.

To:
Secretariat-General of the European Commission
Transparency, Document Management & Access to Documents (SG.C.1)

Dear Sir or Madam,

On behalf of Against Child Trafficking, I am submitting a confirmatory application under Article 7(2) of Regulation (EC) No 1049/2001, requesting a review of the European Commission’s position as stated in the response dated April 16, 2025 (reference 2025/0639), signed by Mr. Mario Nava, Director-General of DG Employment, Social Affairs and Inclusion (DG EMPL). The response denied access to a document described in our initial application, claiming it is no longer available in the Commission’s archives. We contest this position on the grounds outlined below.

Background of the Request

Our initial application, submitted on February 6, 2025, and directed to DG Neighbourhood and Enlargement Negotiations (DG NEAR, successor to DG Enlargement), sought access to a specific document: a confidential note dated July 4, 2001, titled “Romanian Children - analysis of the situation” (reference PMC/RP/SMD D(2001)), authored by Roelie Post, Simon Mordue and a third official. This document, co-authored by Roelie Post—an acknowledged whistleblower recognized by the Dutch Parliament, the Dutch House for Whistleblowers, and the public at large—analyzed systemic abuses in Romania’s child protection system during its EU accession period, including corrupt practices in international adoptions and undue influence by NGOs. The Commission provided a redacted version of this document in 2015, confirming its existence in DG Enlargement’s archives at that time.

Grounds for Confirmatory Application

Unexplained Jurisdictional Discrepancy

Our request was addressed to DG NEAR, as the document originated from DG Enlargement in 2001 and was accessed from its archives in 2015. However, the response came from DG EMPL, with no explanation for why DG EMPL handled the request or whether DG NEAR’s archives were searched. We understand that DG NEAR passed the request to DG EMPL, but no justification for this transfer was provided. This irregularity undermines confidence in the handling of our request, as DG EMPL’s mandate is not directly relevant to a 2001 accession-related document. We request clarification on:
- The rationale for transferring the request from DG NEAR to DG EMPL.
- Whether DG NEAR’s archives, where the document was held in 2015, were searched.
- The process by which DG EMPL assumed responsibility for responding.

Implausibility of Document Unavailability

The response claims the document is “no longer available” due to an “oversight in our records management.” This is highly implausible in a fully digitized archival system like the Commission’s ARES, which ensures document preservation through metadata, backups, and audit trails. The document’s confirmed existence in 2015, its sensitivity (marked “CONFIDENTIAL” and redacted), and its policy significance (shaping EU policy on Romanian child protection) suggest it would be subject to stringent archival protocols. The vague reference to an “oversight” lacks credibility without specifics. We request:
- A detailed explanation of the “oversight,” including which databases were searched (e.g., ARES, Historical - Archives Service) and any evidence of deletion or loss.
- Confirmation of whether backups or alternative repositories (e.g., DG NEAR or Commission-wide archives) were checked.
- Disclosure of any audit trails or metadata related to the document’s status since 2015.

Violation of Transparency Obligations

Regulation (EC) No 1049/2001 mandates maximum transparency and access to existing documents. The Commission’s failure to provide the document, coupled with the jurisdictional discrepancy and lack of a thorough search explanation, undermines this principle. The document’s content—exposing systemic human rights violations in Romania’s adoption system—is of profound public interest, particularly given Against Child Trafficking’s advocacy for accountability in EU accession policies. Denying access without robust justification risks perpetuating opacity on a critical human rights issue.

Pattern of Systemic Issues

The unavailability of this document aligns with a broader pattern of missing or inaccessible records related to Romanian child protection in Member States (e.g., Belgium, Netherlands, Germany). This suggests either systemic archival failures or deliberate suppression of evidence concerning adoption scandals during Romania’s EU accession. The Commission’s response must address whether this pattern was considered in assessing our request.

Request for Review

We respectfully request that the Secretariat-General review the Commission’s position and:
- Conduct a comprehensive search for the document in DG NEAR’s archives, the Historical Archives Service, and any relevant Commission repositories, including backups.
- Provide a detailed account of the search process, including databases consulted, metadata reviewed, and reasons for the document’s alleged unavailability.
- Clarify the transfer of our request from DG NEAR to DG EMPL and confirm whether DG NEAR’s records were adequately searched.
- If the document is located, grant access in accordance with Regulation (EC) No 1049/2001, applying redactions only where strictly necessary and justified.
- If the document is confirmed lost, provide a full explanation of the “oversight,” including measures to prevent future losses of sensitive records.

Additional Context

The 2001 note, co-authored by Roelie Post, exposed abuses by an international adoption lobby and shaped EU policy to address human rights violations in Romania’s child protection system. As an acknowledged whistleblower, recognized by the Dutch Parliament, the Dutch House for Whistleblowers, and the public, Ms. Post’s involvement underscores the document’s significance. Its disappearance from archives, especially after being provided in 2015, raises serious concerns about accountability, particularly given the involvement of high-ranking officials (e.g., Simon Mordue, now Deputy Secretary General at EEAS). Against Child Trafficking urges the Commission to treat this request with the utmost seriousness, given its implications for transparency and justice.

Conclusion

We trust the Secretariat-General will conduct a thorough and transparent review to uphold the principles of Regulation (EC) No 1049/2001. We are available to provide further details about the document (e.g., its 2015 redacted version) to assist the search. Please confirm receipt of this application and keep us informed of the review’s progress.
Yours sincerely,

Arun Dohle
Against Child Trafficking

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/request/documen...

Yours faithfully,

Arun Dohle