All written documents related to the Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market

Ihre Anfrage war teilweise erfolgreich.

Steliyana Doseva

Dear Communications Networks, Content and Technology,

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 written documents in relation to the Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market (COM(2016) 593 final 2016/0280 (COD) submitted to the Directorate General for Communications Networks, Content and Technology between 14th of September 2016 and 26th of March 2019 by the following actors:
- Companies/firms (e.g., Meta (Facebook), Google, Microsoft, Twitter, Apple, Amazon, Universal Music Group)
- Interest organizations (e.g., NGOs, business associations, unions, umbrella organizations)
- Think tanks (e.g., research groups, expert groups, law firms, consultancies)
- Institutions (e.g., universities, media authorities in all EU countries)

Yours faithfully,

Steliyana Doseva
Bavarian Research Institute for Digital Transformation
Gabelsbergerstr. 4
80333 Munich

SG ACCES DOCUMENTS, Generaldirektion Kommunikationsnetze, Inhalte und Technologien

Dear Madam,

Thank you for your e-mail of 14/06/2022. We hereby acknowledge receipt of
your application for access to documents, which was registered on
14/06/2022 under reference number GESTDEM 2022/3423.

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 05/07/2022. In case this time limit needs to
be extended, you will be informed in due course.

You have lodged your application via a private third-party 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.

Please note that the private third party running the AsktheEU.org website
is responsible and accountable for the processing of your personal data
via that website, and not the Commission.
For further information on your rights, please refer to the third party’s
privacy policy.

We understand that the third party running the AsktheEU.org website
usually publishes the content of applicants’ correspondence with the
Commission on that website. This includes the personal data that you may
have communicated to the Commission (e.g. your private postal address).

Similarly, the third party publishes on that website any reply that the
Commission will send to the email address of the applicants generated by
the AsktheEU.org website.

If you do not wish that your correspondence with the Commission is
published on a private third-party website such as AsktheEU.org, you can
provide us with an alternative, private e-mail address for further
correspondence. In that case, the Commission will send all future
electronic correspondence addressed to you only to that private address,
and it will use only that private address to reply to your request. You
should still remain responsible to inform the private third-party website
about this change of how you wish to communicate with, and receive a reply
from, the Commission.

For information on how we process your personal data visit our page
Privacy statement – access to documents.

Yours faithfully,

Access to documents team (cr)
SG.C.1
Transparency

Zitate anzeigen

CNECT-PUBLIC-ACCESS-TO-DOCUMENTS, Generaldirektion Kommunikationsnetze, Inhalte und Technologien

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Your application for access to documents GestDem 2022/3423 -
Ares(2022)4585878  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Ms Doseva,

 

We refer to your e-mail of 14 June 2022 wherein you make a request for
access to documents pursuant to Regulation (EC) No 1049/2001 of the
European Parliament and of the Council of 30 May 2001 regarding public
access to European Parliament, Council and Commission documents
(‘Regulation 1049/2001’), registered on the same day under the
above-mentioned reference number.

 

Your application reads as follows:

 

“ Dear Communications Networks, Content and Technology,

 

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 written documents in relation to the Proposal for a Directive of the
European Parliament and of the Council on copyright in the Digital Single
Market (COM(2016) 593 final 2016/0280 (COD) submitted to the Directorate
General for Communications Networks, Content and Technology between 14th
of September 2016 and 26th of March 2019 by the following actors:

-           Companies/firms (e.g., Meta (Facebook), Google, Microsoft,
Twitter, Apple, Amazon, Universal Music Group)

-           Interest organizations (e.g., NGOs, business associations,
unions, umbrella organizations)

-           Think tanks (e.g., research groups, expert groups, law firms,
consultancies)

-           Institutions (e.g., universities, media authorities in all EU
countries)”

 

Your application concerns a large number of documents. At this stage,
according to our estimate calculations, approximately 150 documents would
fall within the scope of your request.

 

Due to the scope of your request, the work needed to deal with your
application would cover the following steps:

 

- Individual analysis of the documents and establishment of the final and
complete list of the documents falling under the scope of your request,

- Scanning of the documents which are not in pdf format,

- Preliminary individual assessment of the content of the documents in
light of the exceptions contained in Article 4 of Regulation 1049/2001,

- For many of the documents, third party consultations under Article 4(4)
and/or 4(5) of Regulation 1049/2001,

- Final assessment of the documents in light of the comments received,

- Redaction of those parts of the documents to which one or several
exceptions apply,

- Preparation and finalisation of the reply for the request,

- Preparation of the reply and the documents for dispatch.

 

It follows from the above that the work needed for the treatment of your
request cannot expected to be completed within the normal time limit set
out in Article 7 of Regulation 1049/2001.

 

Article 6(3) of the Regulation 1049/2001 provides that, in the event of an
application relating to a very long or a very large number of documents,
the institution concerned may confer with the applicant informally with a
view to finding a fair solution. In accordance with the case law of the
Union Courts, the proposal for a fair solution aims to balance the
interest of the applicant against the workload resulting from the
processing of the application in order to safeguard the interests of good
administration (Judgments of 6 December 2001, Council v Hautala, Case C
353/99 P, EU:C:2001: 661, para. 30, and of 2 October 2014, Strack v
Commission, Case C 127/13 P, EU:C:2014:2250, para.27). Such solution can
only concern the content or the number of documents applied for, not the
deadline for replying (Judgment of the Court of Justice of 2 October 2014
in case C- 127/13, Guido Strack v Commission, paragraphs 26-28). This
means that the scope of the request must be reduced in a way that would
enable its treatment within the extended deadline of 15 + 15 working days.

 

Taking this into account and based on the above-mentioned provision, we
would kindly ask you to specify the objective of your request, your
specific interest in the requested documents and whether you could narrow
down the scope of your request, so as to reduce it to a more manageable
amount of documents.

 

In order to help you in narrowing down your wide scope request, we provide
you with further information about the estimated number of documents per
requested category:

 

1. Companies/firms: approximately 95 documents

2. Interest organizations: approximately 20 documents

3. Think tanks: approximately 5 documents

4. Institutions: approximately 30 documents

 

Taking into account the other access to documents requests being handled
within DG CONNECT at the same time, the global workload of the concerned
staff during the same period, the human resources available and the need
to safeguard good administration, we consider that in the remaining
timeframe we would be able to deal with a maximum of 15 documents.

 

In order to enable us to respect the time limits of Regulation 1049/2001,
we would ask you for a swift response to our proposal for a fair solution.

 

Please respond within five working days, i.e. by 29 June 2022 eob, at the
latest.

 

Please send your response by email to the following address:
[6][email address]

 

In the absence of a reply within five working days, we will unilaterally
restrict the scope of your application to those parts that can be dealt
with within the extended deadline of 30 working days counting from the
date of registration of your application.

 

Thank you in advance for your cooperation.

 

Yours sincerely,

 

DG CONNECT Access to Documents Team

 

 

European Commission

DG Connect – ACCESS TO DOCUMENTS

BU25 – Avenue de Beaulieu 25

B-1160 Brussels/Belgium

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D88634.77F6BD30
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
6. mailto:[email address]

Steliyana Doseva

Dear DG CONNECT Access to Documents Team,

Thank you for your reply.

I can narrow down the scope of my request, asking you for all written documents in relation to recitals 2, 3, 5, 6, 12, 23, 24, 25, 29, 30, 37, 39, 42 and Articles 2 and 13 of the Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market (COM(2016) 593 final 2016/0280 (COD) submitted to the Directorate- General for Communications Networks, Content and Technology between 14th of September 2016 and 26th of March 2019 by the following actors:
- Companies/firms (e.g., Meta (Facebook), Google, Microsoft, Twitter, Apple, Amazon, Universal Music Group)
- Interest organizations (e.g., NGOs, business associations, unions, umbrella organizations)
- Think tanks (e.g., research groups, expert groups, law firms, consultancies)
- Institutions (e.g., universities, media authorities in all EU countries

This contextual addition is one way to narrow down the scope of my request. I can also understand the reasons for the extended deadline (15+15 working days) here.

Since I cannot narrow the scope by excluding actors/ groups of actors from my request, I would suggest you, as an alternative, to extend the deadline and provide all written documents related to the Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market (COM(2016) 593 final 2016/0280 (COD)) within 60 working days.

Please let me know which of the two suggested options is more convenient (or easy to implement) for you.
Thank you in advance for your cooperation.

Yours sincerely,

Steliyana Doseva

CNECT-PUBLIC-ACCESS-TO-DOCUMENTS, Generaldirektion Kommunikationsnetze, Inhalte und Technologien

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]Holding reply- Your application for access to documents GestDem
2022/3423 - Ares(2022)4906814  (Please use this link only if you are an
Ares user – Svp, utilisez ce lien exclusivement si vous êtes un(e)
utilisateur d’Ares)

Dear Ms Doseva,

 

We refer to your request for access to documents, registered under the
abovementioned reference number.

 

Your application is currently being handled. However, we are not in a
position to complete the handling of your application within the time
limit of 15 working days, which expires today.

 

An extended time limit is needed as different services need to be
consulted.

 

Therefore, we have to extend the time limit with 15 working days in
accordance with Article 7(3) of Regulation (EC) No 1049/2001 regarding
public access to documents. The new time limit is 27 July 2022.

 

We apologise for this delay and for any inconvenience this may cause.

 

Yours sincerely,

 

DG CONNECT Access to Documents Team

 

 

European Commission

DG Connect – ACCESS TO DOCUMENTS

BU25 – Avenue de Beaulieu 25

B-1160 Brussels/Belgium

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D88F9E.EC753A60
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

CNECT-PUBLIC-ACCESS-TO-DOCUMENTS, Generaldirektion Kommunikationsnetze, Inhalte und Technologien

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]2nd holding reply - Your application for access to documents GestDem
2022/3423 - Ares(2022)5399005  (Please use this link only if you are an
Ares user – Svp, utilisez ce lien exclusivement si vous êtes un(e)
utilisateur d’Ares)

Dear Ms Doseva,

We refer to your request for access to documents, registered under the
abovementioned reference number.

Unfortunately, we are not able to send the reply to your application
within the given time limit, which expires today.

You will receive the answer to your application as soon as possible.

We apologize for this delay and for any inconvenience this may cause.

 

Yours faithfully,

DG CONNECT Access to Documents Team

European Commission

DG Connect – ACCESS TO DOCUMENTS

Rue de la Loi, 51

B-1049 Brussels/Belgium

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D8A19E.0330E3B0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

CNECT-PUBLIC-ACCESS-TO-DOCUMENTS, Generaldirektion Kommunikationsnetze, Inhalte und Technologien

11 Attachments

By email only

Dear Ms Doseva,

Please find attached document Ares(2022)5805799 regarding 'Your application for access to documents - GestDem 2022/3423' sent by Mr Roberto Viola, General Director of DG CONNECT on 18/08/2022.

Best regards,

European Commission
DG CONNECT — ACCESS TO DOCUMENTS
Rue de la Loi, 51
B-1049 Brussels/Belgium