Dear Taxation and Customs Union,

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 position paper of the European Commission on the Digital Services Tax dated to October 26, as mentioned by the Handelsblatt story published today

Yours faithfully,

Alexander Fanta

Generaldirektion Steuern und Zollunion

Dear Sir,

Thank you for your request dated 05/11/2018. We hereby acknowledge receipt of your application for access to documents, which was registered on 06/11/2018 under reference number GestDem 2018/5788.

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 27/11/2018. 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,

TAXUD ACCESS TO DOCUMENTS

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Generaldirektion Steuern und Zollunion

Dear Mr Fanta,

In order to be able to proceed with your request could you be so kind as to send us the correct link to the "Handelsblatt" mentioned below in your request with the reference to the "position paper of the EC" ?

Many thanks.

Kind regards,

TAXUD ACCESS TO DOCUMENTS

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Sehr geehrte / Sehr geehrter Generaldirektion Steuern und Zollunion,

this is the link to the story:
https://www.handelsblatt.com/politik/deu...

Mit freundlichem Gruß,

Alexander Fanta

Generaldirektion Steuern und Zollunion

1 Attachment

Dear Mr Fanta,

We thank you for your request.

Please find herewith our reply.

Best regards,

DG TAXUD
Access to documents

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Dear Taxation and Customs Union,

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 'Internal paper on Digital Services Tax'.

My request was refused on the grounds that it would jeopardise ongoing negotiations. I would like to point out that, considering the De Capitani v European Parliament ruling by the General Court of the European Union in March 2018, this no longer is sufficient grounds for refusal. The Court noted: 'If citizens are to be able to exercise their democratic rights they must be in a position to follow in detail the decision-making process within the institutions taking part in the legislative procedures and to have access to all relevant information.' I therefore ask the mentioned document to be released.

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

Yours faithfully,

Alexander Fanta

EC ARES NOREPLY,

[1]Ares(2018)5992033 - FW: Internal review of access to documents request
- Internal paper on Digital Services Tax - Fanta - Gestdem 2018/5788

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 22/11/2018 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
TAXUD in reply to your initial application GESTDEM 2018/5788.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 22/11/2018 (Ares(2018)5991844).

Your application will be handled within 15 working days (13/12/2018).  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 having provided 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
Berl. 05/315

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