Trialogues on the Telecommunications Single Market Regulation

Ihre Anfrage war teilweise erfolgreich.

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 information related to the trialogues on the Regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent (the "Telecommunications Single Market Regulation" or "TSM"), including:

- list of participants of the trialogues
- list of the categories of documents held in relation to the trialogues on the TSM, technical meetings and Commission's internal meetings
- three- and four-column documents
- reports
- minutes
- notes

The contact person in EDRi is Maryant Fernández.

Yours faithfully,

EDRi
20 Rue Belliard
1040 Brussels

Generaldirektion Kommunikationsnetze, Inhalte und Technologien

Dear Sir / Madam,

Thank you for your e-mail dated 18/06/2015. We hereby acknowledge receipt of your application for access to documents, which was registered on 18/06/2015 under reference number GestDem 2015/3273.

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 09/07/2015. 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

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Dear Communications Networks, Content and Technology,

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

I am writing to request an internal review of Communications Networks, Content and Technology's handling of my FOI request 'Trialogues on the Telecommunications Single Market Regulation'.

In the reply to my request (ref.GestDem 2015/3273), it is stated that "the time limit [to respond to my FOI request] will expire on 09/07/2015". "In case this time limit needs to be extended, you will be informed in due course", the response added. However, I have neither received any document nor a notification explaining why the deadline would need to be extended.

Accordingly, I would like to know why my request has not been handled in due time. I would also like to reiterate my interest in receiving the documents already requested, i.e. documents which contain information related to the trialogues on the Regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent (the "Telecommunications Single Market Regulation" or "TSM"), including:

- list of participants of the trialogues
- list of the categories of documents held in relation to the trialogues on the TSM, technical meetings and Commission's internal meetings
- three- and four-column documents
- reports
- minutes
- notes

Thank you very much in advance. A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/trial...

Yours faithfully,

EDRi
20 Rue Belliard
1040 Brussels
Contact person: Maryant Fernández

Generaldirektion Kommunikationsnetze, Inhalte und Technologien

The activity of European Commission departments is likely to be reduced
during August.  We will handle your requests for access to documents as
soon as possible.  However, some delays may occur, especially where the
processing of data requires the consultation of national administrations,
external organisations or other services.

* *  *

L'activité des services de la Commission européenne étant réduite durant
le mois d'août, vos demandes d'accès aux documents seront traitées dans
les meilleurs délais. Toutefois, certains retards peuvent se produire, en
particulier lorsque le traitement des données exige la consultation des
administrations nationales, d’organisations extérieures ou d’autres
services.

*  *  *

Die Tätigkeiten der Dienststellen der Europäischen Kommission sind im
August reduziert; Ihre Anträge auf Zugang zu Dokumenten werden dennoch so
schnell wie möglich bearbeitet. Allerdings können Verzögerungen auftreten,
insbesondere wenn die Berarbeitung der Anträge die Konsultierung der
nationalen Verwaltungen, externer Organisationen oder anderer
Dienststellen erforderlich macht.

 

Generaldirektion Kommunikationsnetze, Inhalte und Technologien

Dear Madam:

Thank you for your email of 17 August 2015, in which you lodged a confirmatory application for access to documents - GESTDEM 2015/3273.

In the meantime, we have been informed by Directorate General CNECT that you have received their initial reply on 18 August 2015.

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 analysis 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.

Yours faithfully,

ACCESS TO DOCUMENTS TEAM (PSc)
European Commission
Secretariat General
Unit SG.B4 – Transparency

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Dear Communications Networks, Content and Technology,

Thank you for your response. That is correct. A Commission official contacted us via telephone on 18 August 2015 and consequently came to our premises on 19 August 2015 at 10am, carrying some of the documents requested.

In accordance with the Regulation (EC) No. 1049/2001, we are requesting an internal review of the Commission's response to our FOI request.

Yours faithfully,

EDRi
Contact person: Maryant Fernández

Dear Communications Networks, Content and Technology,

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

I am writing to request an internal review of Communications Networks, Content and Technology's handling of my freedom of information request on 'Trialogues on the Telecommunications Single Market (TSM) Regulation' (ref.GestDem 2015/3273).

This confirmatory request is made in accordance with Article 7(2) of the Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents.

In the reply to my request, the refusal to disclose the preliminary positions of and compromise proposals by the Presidency in the multicolumn documents and to grant access to the Internal Flash Reports, is based on the exception relating to the protection of the institution's decision-making process laid down in Article 4(3) or Regulation 1049/2001. However, the assumption that disclosure could seriously undermine the institution's decision making or impact the climate of mutual trust between institutions is unjustified. Trialogues cannot be a means to circumvent the obligations of transparency and good administration that the EU institutions should respect.

Furthermore, your repeated reasoning relating to the risk of putting the inter-institutional decision-making process under external pressure lacks consistency. It is acknowledged in your response that in the context of the TSM informal trialogues, some internal positions of the institutions have been disclosed to certain third parties (with no transparency, no procedure and no public justification), without any consideration of concern for the aforementioned external pressure. The redacted parts of the five "unsolicited notes" identified by the Commission are a clear indication that some stakeholders (and not all EU citizens) have access to certain documents. I dispute the assumption that there is no overriding public interest at stake, as access to these documents enables a wider participation to the EU legislative process. If the assumption of the Commission were correct, trialogues would be a way to circumvent the transparency and values under which the EU is based, as stated in Articles 11, 12 of the TEU and Article 15 of the TFEU as well as the protocol 1 and 2 to the Treaty. I therefore request an internal review to reconsider the publication of the three- and four- column documents.

Finally, with regard to my request for notes, your response identified five "unsolicited notes" provided by third parties. I would hereby request information containing the specific copyright law provision on which your refusal for full disclosure is based. In addition, I wish to inquire about the existence of notes from third parties that the Commission (at the DG level or cabinet level) solicited and a confirmation by the Commission that no other "unsolicited" notes were received with regard to this legislative dossier.

Thank you very much in advance. A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/trial...

Yours faithfully,

EDRi
20 Rue Belliard
1040 Brussels
Contact person: Maryant Fernández

Generaldirektion Kommunikationsnetze, Inhalte und Technologien

Dear Madam,

We hereby acknowledge receipt of your confirmatory application for access to documents dated 07/09/2015, which has been registered today under reference number GestDem 2015/3273 – Ares(2015) 3689104.

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 29/09/2015. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

ACCESS TO DOCUMENTS (PS)
European Commission
Secretariat General
B4 – Transparency

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Generaldirektion Kommunikationsnetze, Inhalte und Technologien

2 Attachments

Dear Ms.  FERNANDEZ,

 

Please find attached a letter concerning your confirmatory application for
access to documents under Regulation (EC) No 1049/2001 - GESTDEM
No 2015/3273

 

Yours sincerely,

 

 

DANIEL VANCAMPENHOUT
Assistant
[1]cid:image001.gif@01D0EBDE.BB3BA620
European Commission
Secretariat General

Unit B4 - Transparency

 

References

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Generaldirektion Kommunikationsnetze, Inhalte und Technologien

2 Attachments

Dear Ms.  FERNANDEZ,

 

Please find attached a letter concerning your confirmatory application for
access to documents under Regulation (EC) No 1049/2001 - GESTDEM
No 2015/3273

 

Yours sincerely,

 

 

TEAM ACCESS DOCUMENTS
European Commission
Secretariat General

Unit B4 - Transparency

 

 

Generaldirektion Kommunikationsnetze, Inhalte und Technologien

9 Attachments

Dear Ms Fernández,

 

Please find attached a preliminary copy of the answer concerning your
submission of a confirmatory application pursuant to Regulation (EC) N°
1049/2001 regarding public access to European Parliament, Council and
Commission documents, ref: GestDem 2015/3273.

 

NB: The original note will be sent to you by registered post; annexes only
transferred by email.

 

Best regards,

 

ACCESS TO DOCUMENTS TEAM

[1]ec logo
European Commission
Secretariat General
Unit SG.B4 – Transparency

 

 

References

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