Additional request for documentations related to value gap and and the copyright Directive

Diego Naranjo made this Informationsfreiheit request to Generaldirektion Kommunikationsnetze, Inhalte und Technologien (CNECT)

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Dear Communications Networks, Content and Technology,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, and as a follow up of my request 2016/5921, I am requesting the following documents:

- Document Ares(2016)6764539 as well as all documents related to this document .
- Documents on the Project Team meeting mentioned in the Ares(2017)559518 related to Ares(2016)6764539, including minutes of the meeting or meetings if they exist.

Yours faithfully,

Diego Naranjo

Generaldirektion Kommunikationsnetze, Inhalte und Technologien (CNECT)

1 Attachment

Dear Mr Naranjo,
 
Thank you for your request for access to documents.
Unfortunately you have not indicated your postal address that is required
for registering and handling your request in line with the procedural
requirements. Please send us your full postal address at your earliest
convenience. Pending your reply, we reserve the right to refuse the
registration of your request.
You may, of course, use directly the electronic form for entering your
request:
[1]http://ec.europa.eu/transparency/regdoc/...
 
Best regards,
 
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat General
Unit B4 - Transparency
 
 

Zitate anzeigen

Dear Communications Networks, Content and Technology,

Please note that our postal address is, as usual, Rue Belliard 20, 1040, Brussels, Belgium

Yours faithfully,

Diego Naranjo

Generaldirektion Kommunikationsnetze, Inhalte und Technologien (CNECT)

2 Attachments

  • Attachment

    ATT48841 1.jpg

    1K Download

  • Attachment

    access to documents request Additional request for documentations related to value gap and and the copyright Directive.txt

    1K Download View as HTML

Dear Mr Naranjo,
 
Thank you for your e-mail  dated  02/02/2017.  We hereby acknowledge
receipt of your application for access to documents, which was registered
on 06/02/2017 under GESTDEM 2017/643 reference.
 
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
27/02/2017. In case this time limit needs to be extended, you will be
informed in due course.
 
You have lodged your application via the AsktheEU.org website. Please note
that this is a private website which has no link with any institution of
the European Union. Therefore the European Commission cannot be held
accountable for any technical issues or problems linked to the use of this
system.

 
Yours faithfully,
 
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat General
Unit B4 – Transparency
 

Zitate anzeigen

Dear Communications Networks, Content and Technology,

Article 7(1) of Regulation 1049/2001 reads:

"1. An application for access to a document shall be handled promptly. An acknowledgement of receipt shall be sent to the applicant [..]. "

As you correctly acknowledge in your emails, my request was sent on February 2. Please rectify your records to reflect the proper time limit of February 23, 2017

Yours faithfully,

Diego Naranjo

Generaldirektion Kommunikationsnetze, Inhalte und Technologien (CNECT)

Dear Mr Naranjo,

Thank you for your email.

Please note that according to the European Commission's procedures your request for access to documents can only be registered if you provide a valid postal address. Following the receipt of your postal address, the Commission Services registered your request and sent you an acknowledgement of receipt. The deadline to reply to an access-to-documents request is 15 working days starting from the registration date. Therefore the deadline to reply to your request GestDem 2017/643 is 27 February 2017.

Best regards,

Bernadett BERCZELI
Access to Documents

European Commission
Secretariat General
Unit SG.B4 – Transparency

Zitate anzeigen

Dear Communications Networks, Content and Technology,

Regulation 1049/2001 does not require a postal address, your ad-hoc requirement - even if was valid - would not preclude you from registering this request on February 2. Since the postal address was provided on February 3, your refusal for a promptly registration on both February 2 or February 3 is violating both the spirit and the wording of said Regulation.

Yours faithfully,

Diego Naranjo

Generaldirektion Kommunikationsnetze, Inhalte und Technologien (CNECT)

Dear Mr Naranjo,

With respect to your questions regarding the provision of a postal address (copied below), please find our explanations below.

On 1 April 2014, the postal address became a mandatory feature for the purpose of introducing a request for access to documents.

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.

The Commission has been applying this approach since 1 April 2014, because of numerous problems encountered by the Commission in its previous practice (legal uncertainty, false identities used etc.). We also would like to point out that other institutions, such as the Court of Justice, already ask for the address in their respective electronic forms for access to documents requests.]

Please note that, once we receive your postal address, we 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.

Best regards,

Bernadett BERCZELI
Access to Documents

European Commission
Secretariat General
Unit SG.B4 – Transparency

Zitate anzeigen

Generaldirektion Kommunikationsnetze, Inhalte und Technologien (CNECT)

2 Attachments

  • Attachment

    ATT83876 1.jpg

    1K Download

  • Attachment

    access to documents request Additional request for documentations related to value gap and and the copyright Directive.txt

    1K Download View as HTML

Dear Mr Naranjo,
 
We will be able to reply to your request in the coming days, thank you for
your understanding.
 
Best regards,
 
SG.E.2
_____________________________________________

Zitate anzeigen

Dear Communications Networks, Content and Technology,

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 'Additional request for documentations related to value gap and and the copyright Directive'.

On 02/02/2017 I sent the documents request GESTDEM 2017/643 (titled Additional request for documentations related to value gap and and the copyright Directive). In that document I requested two set of documents:
- Document Ares(2016)6764539 as well as all documents related to this document .
- Documents on the Project Team meeting mentioned in the Ares(2017)559518 related to Ares(2016)6764539, including minutes of the meeting or meetings if they exist.

On 28/20/2017 I received a reply containing a document (dated 25/07/2016) containing the Minutes of the DSM Commissioner Project Team Meeting held on 20/07/2016. I am still waiting for the first of the documents requested, as well as any other existing documents on the Project Team meeting mentioned in the Ares(2017)559518 related to Ares(2016)6764539.

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

Yours faithfully,

Diego Naranjo

Generaldirektion Kommunikationsnetze, Inhalte und Technologien (CNECT)

1 Attachment

Veuillez trouver ci-joint le document Ares(2017)1042329 concernant
"Holding Reply_Gestdem 2017/643 - Additional request for documentations
related to value gap and and the copyright Directive" envoyé par Mme
MARTIN-PRAT Maria le 27/02/2017.

 

Please find attached document Ares(2017)1042329 regarding "Holding
Reply_Gestdem 2017/643 - Additional request for documentations related to
value gap and and the copyright Directive" sent by Ms MARTIN-PRAT Maria on
27/02/2017.

 

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

Note: This e-mail was automatically generated by the European Commission's
central mail registration system.

Replies by e-mail must be addressed to the original sender MARTIN-PRAT
Maria ([1]mailto:[email address]).

Remarque : Cet e-mail a été généré automatiquement par le système
d'enregistrement central du courrier de la Commission européenne.

Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en
personne, à savoir MARTIN-PRAT Maria
([2]mailto:[email address]).

 

 

 

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]

Generaldirektion Kommunikationsnetze, Inhalte und Technologien (CNECT)

Dear Mr Naranjo,

Thank you for your email of 06/03/2017 (below) in which you lodged a confirmatory application for access to documents - GESTDEM 2017/643.

In the meantime, the Secretariat-General has been informed by DG CNECT that the initial reply will be delayed and you have been sent a letter informing you of the extended deadline (20/03/2017).

In view of this, we would like to inform you that the Secretariat General will not register your confirmatory application at this stage.

However, upon receipt of the initial reply, if you wish to submit a confirmatory request in accordance with Article 7 of the Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents, you remain free to do so.

Best regards,

Bernadett BERCZELI
Access to Documents

European Commission
Secretariat General
Unit SG.B4 – Transparency

Zitate anzeigen

Dear Communications Networks, Content and Technology,

Thank you for your communication on 09/03/2017 where you communicated an extension of the deadline.

Please note that according to Article 7(3) of Regulation 1049/2001:
" In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given."

Regardless of the existence or not of most of the conditions in that article, it is my understanding that you should have notified me before or at least on February 27 and therefore this extension of the deadline is invalid according to Article 7(3) of Regulation 1049/2001.

Yours faithfully,
Diego Naranjo

EC ARES NOREPLY, Generaldirektion Kommunikationsnetze, Inhalte und Technologien (CNECT)

1 Attachment

Veuillez trouver ci-joint le document Ares(2017)1491169 concernant "R/Gestdem 2017/643 - Additional request for documentations related to value gap and and the copyright Directive" envoyé par M VIOLA Roberto le 20/03/2017.

Please find attached document Ares(2017)1491169 regarding "R/Gestdem 2017/643 - Additional request for documentations related to value gap and and the copyright Directive" sent by Mr VIOLA Roberto on 20/03/2017.

-------------------------------------------------------------------------------------------------------------
Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender VIOLA Roberto (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir VIOLA Roberto (mailto:[email address]).