Article "The Copyright Directive: how the mob was told to save the dragon and slay the knight" on medium

Ihre Anfrage war teilweise erfolgreich.

Dear Communication,

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 information related to the drafting, release and removal of the article "Article "The Copyright Directive: how the mob was told to save the dragon and slay the knight" on medium.com

Yours faithfully,

Mathias Schindler

Generaldirektion Kommunikation

1 Attachment

Dear Mr. Schindler,

 

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
[2]cid:image001.png@01D4C770.0F713910
European Commission
DG COMM

 

 

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Dear Communication,

thank you for confirming the reception of my access to documents request. You are now required under Article 7 (2) sentence 1 and 2 of Regulation 1049/2001 to send me a confirmation of the registration of my request.

Nothing in the Regulation contains a requirement to send you my postal address. In fact, the postal address requirement is quite bogus since we are communicating via email and the asktheeu.org tool.

I am also referring you to the decision of the Ombudsman office in case 10/2018/AP and prior decisions: "the Commission’s practice, of requiring all persons asking for public access to documents to give their postal address, amounts to maladministration."

Since the Commission already has my postal address, your refusal to register my request is not founded in any legitimate concern but simply the outcome of a strategy to deny access to information. I am pretty sure that you understand that I cannot let this happen.

Yours faithfully,

Mathias Schindler

Generaldirektion Kommunikation

1 Attachment

Dear Sir,
 

* Thank you for your e-mail dated 16/02/2019. We hereby acknowledge
receipt of your application for access to documents, which was
registered on 18/02/2019 under reference number GestDem 2019/923.
*  
* Please note that your request to access documents sent to
Communications Networks, Content and Technology (DG CNECT) has been
reattributed to DG COMM and DG COMM will deal with it.
*  
* Your request: “All information regarding the drafting, release and
removal of the medium.com article  "The Copyright Directive: how the
mob was told to save the dragon and slay the knight". This includes
any information related to the perception, promotion and criticism of
this article, internally or externally. I want all information
(drafts, memos, notes, letters, emails) to be included in this
request, regardless whether the Commission considers them to be
important or not for filing and archiving”.

 
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
11/03/ 2019. 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 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 European Commission. For further information
on your rights, please refer to the third party’s privacy policy.
 
We understand that the third party running that website usually publishes
the content of applicants’ correspondence with the European Commission on
that website. This includes the personal data that you may have
communicated to the European 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 your correspondence with the European Commission to be
published on the AsktheEU.org website, you can provide us with an
alternative, private e-mail address for further correspondence. In that
case, the European Commission will send all future electronic
correspondence addressed to you only to that private address.
 
Yours faithfully,
 
 
ACCESS TO DOCUMENTS TEAM
European Commission
DG COMM
 
 
 
 
 
 

Dear Communication,

thank you for your email. I can only accept a merger of this request for information if is made sure that information held in both parts of the institution shall be within the scope of this request regarding the medium article.

Yours faithfully,

Mathias Schindler

Generaldirektion Kommunikation

4 Attachments

Dear Sir,
Please find enclosed a letter concerning your request for access to
documents n° GestDem 2019/0923.
Paper copy will follow via registered mail.
Best regards,
ACCESS TO DOCUMENTS TEAM
European Commission
DG COMM
 
 

Mathias Schindler

Dear Communication,

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 'Article "The Copyright Directive: how the mob was told to save the dragon and slay the knight" on medium'.

I believe that not all information falling under the scope of Regulation 1049/2001 and under the request was identified and subsequently released.

The email of February 8 reads "Please find the agreed text below." which directly implies that other versions of the text and other information concerning the editorial process of this text exists.

The email of February 14 reads ". Please send me the links" which directly implies that more communication concerning parts of the article including hyperlinks exists.

The redactions are overly broad and not justified under Regulation 1049/2001.

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

Yours faithfully,

Mathias Schindler

ve_sg.accessdoc (SG), Generaldirektion Kommunikation

[1]Ares(2019)2343842 - FW: Internal review of access to documents request
- Article "The Copyright Directive: how the mob was told to save the
dragon and slay the knight" on medium - GestDeM 2019/0923

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Sir,

Thank you for your email dated 01/04/2019 by which you request, pursuant
to Regulation No 1049/2001 regarding public access to European Parliament,
Council and Commission documents, a review of the position taken by DG
COMM in reply to your initial application GESTDEM 2019/923.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 02/04/2019 (Ares(2019)2343759).

Your application will be handled within 15 working days (26/04/2019). In
case this time limit needs to be extended, you will be informed in due
course.

Please be informed that the answer to your confirmatory application is a
formal Commission decision that will be notified to you by express
delivery. Thank you for providing your contact phone number, so that the
external delivery service can contact you in case of absence.

Please note that the Commission will not use your phone number for any
other purpose than for informing the delivery service, and that it will
delete it immediately thereafter.

Yours faithfully,

Carlos Remis
SG.C.1
Transparence
Charl. 03/21

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ve_sg.accessdoc (SG), Generaldirektion Kommunikation

1 Attachment

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

[5]Ares(2019)2869876 - Your application for access to documents under
Regulation (EC) No 1049/2001 - GESTDEM 2019/0923

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Schindler,

 

I refer to your email of 1 April 2019, registered on 2 April 2019, by
which you submit a confirmatory application in accordance with Article
7(2) of Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents ("Regulation (EC) No
1049/2001").

 

Your confirmatory application is currently being handled. Unfortunately,
we have not yet been able to gather all the elements needed to carry out a
full analysis of your request and to take a final decision.

Therefore, we were not in a position to reply to your confirmatory request
within the prescribed time limit expired on 26 April 2019. Consequently,
we have to extend this period by another 15 working days in accordance
with Article 8(2) of Regulation (EC) No 1049/2001. The new deadline
expires on 21 May 2019.

 

However, I can assure you that we are doing our utmost to provide you with
a final reply within the next 15 working days. I regret this additional
delay and sincerely apologize for any inconvenience this may cause.

 

Yours sincerely,

 

 

María OLIVÁN AVILÉS
Head of Unit

[6]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

Unit C.1 (Transparency, Document Management and Access to Documents)

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D4FE9A.FC2BBAD0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...

ve_sg.accessdoc (SG), Generaldirektion Kommunikation

1 Attachment

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

[5]Ares(2019)3331345 - Your confirmatory application for access to
documents under Regulation (EC) No 1049/2001 - GESTDEM 2019/0923

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Schindler,

 

I am writing in reference to your letter of 1 April 2019, registered on 2
April 2019, by which you lodge a confirmatory application in accordance
with Article 7(2) of Regulation 1049/2001 regarding public access to
European Parliament, Council and Commission documents  (hereafter
Regulation 1049/2001).

 

I also refer to our holding reply dated 26 April 2019, by which the time
limit for replying to your confirmatory request was extended by 15 working
days, pursuant to Article 8(2) of the Regulation. This extended time limit
expires on 21 May 2019.

 

Unfortunately, we are not yet in a position to provide you with our final
position within this deadline. The draft confirmatory decision needs to be
reviewed by the Commission's Legal Service, after which it will be
formally adopted within the Secretariat-General and sent to you. However,
I can assure you that we are doing our utmost to provide you with a final
reply within the next two or three weeks. I regret this additional delay
and sincerely apologize for any inconvenience this may cause.

 

Yours sincerely,

 

María OLIVÁN AVILÉS

Head of Unit

 

 

European Commission

Secretariat General

SG.C.1 – Transparency, Document Management & Access to Documents

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D50FF4.5DD8E4F0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...