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Annex to EC Regulation No 622/2003

A Freedom of Information request to Department for Transport by Alex Skene

The request was partially successful.

Alex Skene

10 March 2009

Dear Sir or Madam,

FREEDOM OF INFORMATION REQUEST

In light of today's judgement in the European Court of Justice
[1][2], I would like to request the list of prohibited goods from
cabin baggage that are detailed in the Annex to Commission
Regulation (EC) No 622/2003.

Yours faithfully,

Alex Skene

[1] Judgement & Opinions:
<<http://curia.europa.eu/jurisp/cgi-bin/fo...>>
[2] Press release:
<<http://curia.europa.eu/en/actu/communiqu...>>

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Asif Malik
Department for Transport

19 March 2009

Dear Mr Skene

Thank you for your recent request for the list of prohibited goods from cabin baggage detailed in the Annex to Commission Regulation EC 622/2003.

The Annex to EC Regulation 622/2003 is classified and has never been issued. However, that document has since been superseded by EC Regulation 820/2008 which is in the public domain and contains the information that you have requested.

Please see the attached link for details.

http://eur-lex.europa.eu/Result.do?T1=V2...

Yours sincerely

Asif Malik
Department for Transport
Southside
105 Victoria Street
London
SW1E 6DT
 
Tel 020 7944 5973
Fax 020 7944 2170
E-mail [email address]

show quoted sections

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Alex Skene

20 March 2009

Dear Sir or Madam,

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

I am writing to request an internal review of Department for
Transport's handling of my FOI request 'Annex to EC Regulation No
622/2003'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/an...

I specifically asked for the annex text of EC Regulation No
622/2003 and you did not provide this - under the Freedom Of
Information Act 2000, you must confirm or deny whether you hold the
information - Section 1(1)(a).

If any exemptions apply as to why you cannot provide these (Section
2), you must provide me with a valid refusal notice (Section 17)
including the reason why and any public interest test. Your
statement that the Annex "is classified" is not a valid refusal
under the FOI Act.

In addition you didn't provide details of how to make a complaint
(internal review) about your reply, or how to complain to the
Information Commissioner, as required by Section 17(7).

I appreciate that you may have been providing advice and assistance
by giving a link to EC Regulation 820/2008, however this was not
what was requested.

Yours sincerely,

Alex Skene

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Asif Malik
Department for Transport

27 March 2009


Attachment 090327 FOI Letter Internal Review Acknowledgement 2.doc
266K Download View as HTML


Dear Mr Skene

Please find attached a letter acknowledging receipt of your e-mail dated
20 Mar 09 asking for an internal review to be considered of the handling
of your FOI request `Annex to EC Regulation 622/2003'.

Yours sincerely

Asif Malik

Department for Transport

Southside

105 Victoria Street

London

SW1E 6DT

Tel 020 7944 5973

Fax 020 7944 2170

E-mail [1][email address]

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

show quoted sections

References

Visible links
1. mailto:[email address]

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Asif Malik
Department for Transport

22 April 2009

Dear Mr Skene

In my letter of 27 March, I said we would aim to provide you with a
response to your request for an internal review within 20 days.
Unfortunately, it has taken longer than I had originally anticipated for
the review to be completed. Currently, I envisage being able to provide
you with a response by this Friday, 24 April. Please accept my apologies
for this delay.

If you have any queries, please do not hesitate to contact me.

Yours sincerely

Asif Malik

Department for Transport

Southside

105 Victoria Street

London

SW1E 6DT

Tel 020 7944 5973

Fax 020 7944 2170

E-mail [1][email address]

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

show quoted sections

References

Visible links
1. mailto:[email address]

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Jonathan Sharrock
Department for Transport

27 April 2009


Attachment 090427 A Skene attachment.pdf
543K Download View as HTML

Attachment 090427 A Skene FOI Complaint scanned copy.pdf
87K Download View as HTML


Please find attached a letter from Jonathan Sharrock in response to your
email of 20 March.

Regards

Marian Mallett
PS to Niki Tompkinson and
Jonathan Sharrock
020 7944 2792

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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John Cross left an annotation (10 May 2009)

Section 44 exemption:

"Prohibitions on disclosure.
— (1) Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it—
(a) is prohibited by or under any enactment,
(b) is incompatible with any Community obligation, or
(c) would constitute or be punishable as a contempt of court. ..."

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