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 email by "NEAR-RULELAW-FUNDRIGHTS" from 25 May 2018

Subject: FACTSHEET 22 - Focus on .....DEINSTITUTIONALISATION OF CHILDREN

Yours faithfully,

Arun Dohle
Against Child Trafficking (ACT)
Keizersgracht 482
1017EG Amsterdam

Dear Neighbourhood and Enlargement Negotiations,

We would like to include the request for public access to the ARES registration and circulation sheet of the above-mentioned email.

Yours faithfully,

Arun Dohle

Dear Neighbourhood and Enlargement Negotiations,

Please register this request with as deadline 7 December 2023.

Yours faithfully,

Arun Dohle
Against Child Trafficking (ACT)

Dear Neighbourhood and Enlargement Negotiations,

Please provide us, as requested, with a printout of the ARES registration and circulation sheet.

Yours faithfully,

Arun Dohle

Arun Dohle November 16, 2023Delivered
Dear Neighbourhood and Enlargement Negotiations,

We would like to include the request for public access to the ARES registration and circulation sheet of the above-mentioned email.

Yours faithfully,

Arun Dohle

Dear Neighbourhood and Enlargement Negotiations,

“We would like to include the request for public access to the ARES
registration and circulation sheet of the above-mentioned email.”

Meaning: We would like to have public access to the ARES registration/circulation sheet of the email by "NEAR-RULELAW-FUNDRIGHTS" from 25 May 2018

Subject: FACTSHEET 22 - Focus on .....DEINSTITUTIONALISATION OF
CHILDREN.”

Yours faithfully,

Arun Dohle

Dear [email address],

ARES SHEET

The proof that that email got registered.
Filed.

Yours sincerely,

Arun Dohle
Against Child Trafficking

Dear [email address],

PLease upload a pdf of that ARES registration.
NOW

Yours sincerely,

Arun Dohle

Dear Neighbourhood and Enlargement Negotiations,

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 'email by "NEAR-RULELAW-FUNDRIGHTS" from 25 May 2018'.

We ask a review of the way DG NEAR is handling this request.
Why can they not upload a printout of the ARES registration and circulation fiche?

It concerns, according to their information this Ares number: Ares(2023)8347507

It's worrisome as it seems DG NEAR knows very well what the problem is and is intentionally not providing the requested transparency by disregarding rules and regulations.

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

Yours faithfully,

Arun Dohle
Against Child Trafficking

Dear Neighbourhood and Enlargement Negotiations,

May we receive an update, or better the printout of the Ares sheet.

Considering that the reply is long overdue, we could hand in a complaint with the EU Ombudsman. We hope, however, that that is not necessary.

Yours faithfully,

Arun Dohle
Against Child Trafficking

Dear Neighbourhood and Enlargement Negotiations,

We understand from the European Ombudsman that you did register this email in Ares:

"In its reply to the Ombudsman inquiry team, the Commission explained that theAres
circulation sheet you requested does not exist, as the email in question was registered in
Ares without any approval process. Thus, no signatory chain was associated with it and
consequently no circulation sheet exists.While it is regrettable that the Commission did
not provide these explanations earlier, the Ombudsman has no reason to doubt them."

Unlike the European Ombudsman we have reasons to doubt that.

Therefore, we repeat once more our request for public access to the Ares registration, which according to you informaton has the following nr. Ares(2023)8347507

Arun Dohle

Dear Neighbourhood and Enlargement Negotiations,

We take note that this was registered as a new request, more than two weeks after we again requested public access.

We insist for the following reasons.

FACTSHEET 22 - FOCUS ON….. DEINSTITUTIONALISATION OF CHILDREN focusses mainly on enforcing the implementation of the UN Guidelines for the Alternative Care of Children. These non-binding guidelines are pro-adoption biased.

Furthermore, FACTSHEET 22 recommends the use of experts from the European Expert Group, which is a non-registered NGO-driven lobby group. Prior ‘ask the EU’ requests have proven that some of the members of the fake European Expert Group have presented themselves earlier as representatives of the European Commission. Which they were – according to the European Commission– not.

De-institutionalisation is the European lobby approach that is at the heart of the USAID Children in Adversity Action Plan. This US initiative to re-activate a dying adoption industry is the result of the EU’s approach towards intercountry adoption in the case of Romania (2004).

The non-democratic procedure as well as a ‘ghost procedure’ to send this FactSheet to the EU Delegations smells deep state – and certainly does not concern ‘FACTS’.

The TRUMP administration cancelled the Children in Adversity Action Plan before DOGE (temporarily) shut down USAID.

Yours faithfully,

Arun Dohle

Dear Neighbourhood and Enlargement Negotiations,

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 'email by "NEAR-RULELAW-FUNDRIGHTS" from 25 May 2018'.

Subject: Confirmatory Application for Review of Refusal to Grant Access to Ares Registration Details (Ares(2023)8347507)

Dear Madam/Sir,

Pursuant to Article 7(2) of Regulation (EC) No 1049/2001, I hereby submit a confirmatory application requesting the European Commission to review the decision of the Directorate-General for Neighbourhood and Enlargement Negotiations (DG NEAR), communicated by Mr. Gert Jan Koopman on 11 April 2025 (Ref. Ares(2025)1468129), to refuse access to the Ares registration details associated with document Ares(2023)8347507, pertaining to “Email_FACTSHEET 22 - Focus on DEINSTITUTIONALISATION OF CHILDREN.msg.”

Background of the Request

On 16 November 2023, I requested public access to the Ares registration details for Ares(2023)8347507 as part of request EASE 2025/1089. This followed my earlier request (EASE 2023/6934), where DG NEAR granted partial access to the document with redactions based on Article 4(1)(b) of Regulation (EC) No 1049/2001 (protection of privacy and integrity of the individual). In response to EASE 2023/6934, I lodged a complaint with the European Ombudsman (case 350/2024/KW), during which the Commission stated that no Ares circulation sheet exists, as the document was registered without an approval process.

My current request seeks access to any registration details or metadata (e.g., registration date, responsible unit, or other administrative information) associated with Ares(2023)8347507. These details are essential to understand the document’s handling, particularly given its sensitive content and the procedural irregularities surrounding its dissemination to EU Delegations.

Grounds for Confirmatory Application

I challenge DG NEAR’s refusal to provide access to the requested Ares registration details on the following grounds:

Incomplete Assessment of “Ares Registration” Details

DG NEAR’s response asserts that “there are no assignments/tasks that would correspond to Ares(2023)8347507” and that the document was registered “directly, without any approval process.” However, it fails to clarify whether any registration details or metadata exist in the Ares system, such as the date of registration, the registering unit, or other administrative information typically generated for documents in Ares. The absence of a circulation sheet or approval process does not preclude the existence of such metadata. Denying access without confirming the presence or absence of these details violates the transparency obligations under Regulation (EC) No 1049/2001.

Lack of Legal Justification for Refusal

The Commission’s response does not invoke a specific exception under Article 4 of Regulation (EC) No 1049/2001 to justify withholding the requested registration details. If no exceptions apply (e.g., protection of personal data, commercial interests, or ongoing decision-making processes), the Commission is obliged to grant access. The claim that “legal and factual circumstances remain unchanged” since EASE 2023/6934 is insufficient without a reasoned explanation tied to the current request’s scope, which explicitly seeks registration metadata rather than a circulation sheet.

Significant Public Interest in Transparency

The document “FACTSHEET 22 - Focus on DEINSTITUTIONALISATION OF CHILDREN” promotes the implementation of the UN Guidelines for the Alternative Care of Children, which are non-binding and, in my view, exhibit a pro-adoption bias. It also recommends reliance on the European Expert Group (EEG), a non-registered, NGO-driven lobby group. Previous requests via the AsktheEU platform have revealed that some EEG members misrepresented themselves as European Commission representatives, a claim the Commission has denied. These issues raise serious concerns about the legitimacy and transparency of the processes behind FACTSHEET 22’s creation and dissemination. Furthermore, the deinstitutionalisation policy aligns with the USAID Children in Adversity Action Plan, which I believe reflects an EU-driven approach to intercountry adoption, notably in the case of Romania (2004). This initiative, which was discontinued by the Trump administration before USAID’s temporary shutdown, underscores the geopolitical and ethical implications of the Commission’s policies. Access to the Ares registration details would shed light on the administrative handling of FACTSHEET 22, including which units or individuals were involved in its registration and dissemination to EU Delegations. This is critical to assessing whether the process was conducted transparently or, as I suspect, through a non-democratic “ghost procedure” lacking accountability.

Procedural Irregularities and Delayed Response

DG NEAR registered my request as a new application (EASE 2025/1089) more than two weeks after I reiterated my demand for access, indicating potential administrative delays or oversight. Moreover, the Commission’s assertion that the document was registered without an approval process raises questions about the integrity of its document management practices. The lack of a signatory chain or approval process, if accurate, suggests a deviation from standard procedures, further justifying public access to any available metadata to verify the document’s handling.

Inconsistency with European Ombudsman’s Findings

In response to my earlier complaint (case 350/2024/KW), the Commission clarified that no circulation sheet exists for Ares(2023)8347507. While I accept this clarification, my current request encompasses a broader scope—namely, any Ares registration details or metadata. DG NEAR’s failure to address this broader scope suggests an incomplete evaluation of my request, necessitating a confirmatory review to ensure all relevant information is considered.

Request for Review

In light of the above, I respectfully request the European Commission to:
Conduct a thorough reassessment to determine whether any Ares registration details or metadata (e.g., registration date, responsible unit, or other administrative information) exist for Ares(2023)8347507.
Grant full or partial access to these details, redacting only information strictly protected under Article 4 of Regulation (EC) No 1049/2001, with a clear and specific justification for any redactions.
Provide a detailed explanation if access is denied, specifying the applicable exception(s) under Regulation (EC) No 1049/2001 and demonstrating why they outweigh the significant public interest in disclosure, particularly given the policy’s implications for child welfare and EU transparency.

Public Interest and Broader Context

The issues surrounding FACTSHEET 22—its promotion of contested guidelines, reliance on a questionable lobby group, and opaque dissemination process—underscore the need for maximum transparency. The public has a right to understand how the Commission develops and distributes policy documents that influence fundamental rights, particularly those affecting vulnerable children. Disclosing the requested Ares registration details would enable scrutiny of the administrative processes involved, ensuring accountability and trust in the Commission’s operations.

I trust that the Commission will undertake an independent and comprehensive review of DG NEAR’s decision, in line with its obligations under Regulation (EC) No 1049/2001 and its commitment to transparency.

Thank you for your attention to this matter. Please confirm receipt of this confirmatory application and inform me of the outcome within the statutory timeframe.

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

Yours faithfully,

Against Child Trafficking
Arun Dohle