2015 and 2016 Documents on the Ancillary Copyright law ("Leistungsschutzrecht")

Mathias Schindler made this access to documents request to Communications Networks, Content and Technology

Waiting for an internal review by Communications Networks, Content and Technology of their handling of this request.

From: Mathias Schindler

Delivered

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:

Any document that relates to an ancillary copyright ("Leistungsschutzrecht" für Presseverleger), both referring to existing or proposed laws in EU Member states as well as any information relating to the introduction of such right into EU legislation.

In case documents are classified or cannot be released because of exceptions or special treatment, I am asking for the name and the reference number of this document.

I am especially but not exclusively looking for information in the form of proposals, memos, studies, notes, meeting records, letters to Commissioner Oettinger and Cabinet staff members dealing with EU copyright and the protection of press publishers by application or amendment of EU copyright law.

If information under the scope of regulation 1049/2001 is not held by DG CNECT but by the Commission, the Commissioner or another DG or Commission unit, I would like this information to be included in this request.

In order to prevent duplication of work, the request refers to documents after July 20, 2015.

Yours faithfully,

Mathias Schindler

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Communications Networks, Content and Technology

Due to the holiday period in August, some delays may occur in the
treatment of your access-to-documents request, especially where the
processing of data requires the consultation of national administrations,
external organisations or other services.

* *  *

Pendant la période des congés en août, certains retards peuvent se
produire dans le traitement de votre demande d'accès aux documents, en
particulier lorsque le traitement des données exige la consultation des
administrations nationales, d’organisations extérieures ou d’autres
services.

 

*  *  *

Während der Ferienzeit im August könnten Verzögerungen bei der Bearbeitung
Ihres Antrags auf Zugang zu Dokumenten auftreten, insbesondere wenn die
Berarbeitung die Konsultierung der nationalen Verwaltungen, externer
Organisationen oder anderer Dienststellen erforderlich macht.

 

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From: Mathias Schindler

Delivered

Dear Communications Networks, Content and Technology,

thank you for your auto-responder. I fully trust your ability to process this request without invoking extended deadlines not provided by the Regulation.

Do not hesitate to proactively inform me about the status of the request and estimates on when an answer can be expected.

Yours faithfully,

Mathias Schindler

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From: Mathias Schindler

Delivered

Dear Communications Networks, Content and Technology,

I haven't received a specific acknowledgement of reception and a registration number for my request sent to you on August 1. Given the time limits of Regulation 1049/2001, please make sure to acknowledge August 1 as the registration day and send me the reference number to facilitate future communication.
Yours faithfully,

Mathias Schindler

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Communications Networks, Content and Technology

Dear Mr Schindler,

Thank you for your kind message.

Due to the holiday period in August, we have unfortunately some delay with the registration of initial requests. Therefore, we can acknowledge receipt of your initial application today 8/8/2016.

We thank you for your understanding and apologise for the inconvenience.

Yours faithfully,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

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From: Mathias Schindler

Delivered

Dear Carlos Remis,

Thank you for your email.

I must reject your proposal to set the registration date to August 8. Holiday season is not an unforeseeable event that would have prevented you from compliance with Article 7 (1) of the Regulation.

Yours faithfully,

Mathias Schindler

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Communications Networks, Content and Technology

Dear Mr Schindler,

Following your disagreement to accept the registration of your application with today's date, we will register your application retroactively as soon as we receive confirmation of your postal address.

Unfortunately you have not indicated your postal address that is required for registering and handling your confirmatory request in line with the procedural requirements.

Could you please confirm your postal address?

Bundestagsbüro Julia Reda, MdEP Unter den Linden 50 11011 Berlin.

Thank you very much.

Best regards,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

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From: Mathias Schindler

Delivered

Dear Communications Networks, Content and Technology,

The physical address is correct.

Yours faithfully,

Mathias Schindler

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Communications Networks, Content and Technology


Attachment access to documents request 2015 and 2016 Documents on the Ancillary Copyright law Leistungsschutzrecht.txt
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Dear Sir,

Thank you for your email dated 06/08/2016.

We hereby acknowledge receipt of your application for access to documents, which was registered on 08/08/2016 under reference number GestDem 2016/4441.

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 23/08/2016. In case this time limit needs to be extended, you will be informed in due course.

Yours faithfully,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

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From: Mathias Schindler

Delivered

Dear Communications Networks, Content and Technology,

Please clarify the registration date.

Yours faithfully,

Mathias Schindler

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Communications Networks, Content and Technology


Attachment RE access to documents request 2015 and 2016 Documents on the Ancillary Copyright law Leistungsschutzrecht.txt
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Attachment access to documents request 2015 and 2016 Documents on the Ancillary Copyright law Leistungsschutzrecht.txt
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Dear Sir,

 

Thank you for your email dated 06 01/08/2016.

 

We hereby acknowledge receipt of your application for access to documents,
which was registered on 08/08/2016 under reference number GestDem
2016/4441.

 

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 23/08/2016. In case this time limit needs to
be extended, you will be informed in due course.

 

Yours faithfully,

 

Carlos Remis

SG.B.4

Transparence

Berl. 05/315

 

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From: EC ARES NOREPLY
Communications Networks, Content and Technology


Attachment Holding Reply to Gestdem 2016 4441.pdf
51K Download View as HTML


Veuillez trouver ci-joint le document Ares(2016)4601060 concernant "Holding Reply - Gestdem 2016/4441 - 2015 and 2016 Documents on the Ancillary Copyright law ("Leistungsschutzrecht")" envoyé par Mme MARTIN-PRAT Maria le 19/08/2016.

Please find attached document Ares(2016)4601060 regarding "Holding Reply - Gestdem 2016/4441 - 2015 and 2016 Documents on the Ancillary Copyright law ("Leistungsschutzrecht")" sent by Ms MARTIN-PRAT Maria on 19/08/2016.

-------------------------------------------------------------------------------------------------------------
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 (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 (mailto:[email address]).

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From: Mathias Schindler

Delivered

Dear Communications Networks, Content and Technology,

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

After the expiration of the already extended deadline, I am hereby filing a confirmatory application. for my access to documents request ( Gestdem 2016/4441).

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/2015...

Thank you for providing me with the registration number of this confirmatory application.

Yours faithfully,

Mathias Schindler

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Communications Networks, Content and Technology


Attachment image001.gif
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Dear Mr Schindler,

 

Thank you for your email dated 14/09/2016, 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
CNECT in reply to your initial application GESTDEM 2016/4441.

 

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 15/09/2016 (Ares(2016)5347513).

 

Your application will be handled within 15 working days (06/10/2016). 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. 

We kindly offer you the possibility to provide us a contact phone number
(by email to [email address]), 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.B.4
Transparence
Berl. 05/315

 

 

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From: Mathias Schindler

Delivered

Dear Communications Networks, Content and Technology,

the public contact information of this office is as follows:

Bundestagsbüro Julia REDA, MdEP
Unter den Linden 50
10117 Berlin
Deutschland

Tel. +49 30 227-74223
Fax +49 30 227-76561

The Bundestag is staffed every single working day. Express delivery is possible, please make sure not to request hand delivery in order to let Bundestag administrative staff accept the delivery on behalf of a designated individual.

Yours faithfully,

Mathias Schindler

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From: EC ARES NOREPLY
Communications Networks, Content and Technology


Attachment 160921 GestDem 4441 holding reply 2.pdf
102K Download View as HTML


Veuillez trouver ci-joint le document Ares(2016)5487394 concernant "R/Gestdem 2016/4441 - 2015 and 2016 Documents on the Ancillary Copyright law ("Leistungsschutzrecht")" envoyé par Mme MARTIN-PRAT Maria le 21/09/2016.

Please find attached document Ares(2016)5487394 regarding "R/Gestdem 2016/4441 - 2015 and 2016 Documents on the Ancillary Copyright law ("Leistungsschutzrecht")" sent by Ms MARTIN-PRAT Maria on 21/09/2016.

-------------------------------------------------------------------------------------------------------------
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 (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 (mailto:[email address]).

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From: EC ARES NOREPLY
Communications Networks, Content and Technology


Attachment AnnexI.pdf
13.5M Download View as HTML

Attachment Annex III.pdf
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Attachment AnnexII.pdf
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Attachment Lettre.pdf
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Attachment Annex IV.pdf
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Veuillez trouver ci-joint le document Ares(2016)5617143 concernant "R/Gestdem 2016/4441 - 2015 and 2016 Documents on the Ancillary Copyright law ("Leistungsschutzrecht")" envoyé par M. VIOLA Roberto le 28/09/2016.

Please find attached document Ares(2016)5617143 regarding "R/Gestdem 2016/4441 - 2015 and 2016 Documents on the Ancillary Copyright law ("Leistungsschutzrecht")" sent by Mr VIOLA Roberto on 28/09/2016.

-------------------------------------------------------------------------------------------------------------
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]).

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From: Mathias Schindler

Delivered

Dear Roberto Viola,

on this September 28, I wish you a happy International Right to Know day and confirm having received the first part of your answer to my access to documents request sent on August 1, 2016.

Thank you for also keeping the SG informed while it is processing the confirmatory application. I trust that the refusal to release the documents mentioned in Annex 4 of your reply will be subject to this process. If not, please advise how to proceed in order to release these documents (as well as any documents listed in Annex 3 that will not be released).

Yours sincerely,

Mathias Schindler

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Communications Networks, Content and Technology


Attachment image001.gif
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Dear Mr Schindler,

 

Thank you for your email dated 14 September 2016 in which you lodged a
confirmatory application for access to documents - GESTDEM 2016/4441
against the lack of initial reply by DG CONNECT.

 

In the meantime, we have been informed by DG CONNECT that an initial reply
assessing documents you required was sent to you on 28 September 2016 -
(Ares(2016)5617143).

 

In view of this, we would like to inform you that the Secretariat General
will then close your confirmatory application based on the lack of initial
reply.

 

Best regards,

 

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

 

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From: Mathias Schindler

Delivered

Dear Communications Networks, Content and Technology,

Thank you for your email. I reject your proposal to close the procedure as the requested Information was eventually refused. As previously stated, the ongoing confirmatory application should deal with this refusal without resetting the clock.

Yours faithfully,

Mathias Schindler

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Communications Networks, Content and Technology


Attachment image001.gif
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Attachment 2016 4441 SCHINDLER 1st holding reply.pdf
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Dear Mr Schindler,

 

Please find attached a note for your attention regarding your confirmatory
application GestDem 2016/4441.

 

Best regards,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

Link to this

From: Mathias Schindler

Delivered

Dear Communications Networks, Content and Technology,
Dear Mr. Remis,
Dear Mr. Kröger

thank you for your email of October 7, 2016 and for suggesting a 'fair solution' in accordance with Article 6(3) of Regulation 1049/2001.

I am under the impression that Article 6 refers to the initial applications for access to documents, not to the confirmatory applications. Hence it would have been the responsibility of DG Connect to

a) demonstrate that this application indeed relates to a very long document or to a very large number of documents.

b) come up with a fair solution (or any solution at all)

This has obviously not happened and I understand it would be against the spirit and the letter of the Regulation to introduce this at a later stage of the process. Given the amount of documents listed by DG Connect, it is safe to assume that this request does not relate to a very large number of documents and not even a large number of documents by any reasonable standard.

Notwithstanding this issue in applying Article 6(3) to a confirmatory application, I want to make a suggestion that could help facilitate this process by splitting up the task in the following batches:

The confirmatory application was invoked because of Article 7(4) of Regulation 1049/2001 when DG Connect failed to reply both within the time limit prescribed by the Regulation as well as the self-prescribed time limit of said DG. It was registered on September 15 and no extension was being sought. An answer should be ready rather soon.

With regards to the partial release of documents that happened after the expiration of any reasonable time limit by DG Connect, I propose to priorities them starting with the documents listed in Annex IV with a treatment of this batch happening until October 21. This task does not require consultation of third parties and can be processed in parallel .

The next two batches should can be handled as proposed in your letter in the order of Annex III and Annex II.

In light of Article 8 (1) and (3) of the Regulation, I would very much welcome a shared and undisputed understanding of the precise time limits of this confirmatory application. Please indicate whether the SG wishes to invoke Article 8 (2) of the Regulation for a one time extension.

Yours faithfully,

Mathias Schindler

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Communications Networks, Content and Technology


Attachment image001.jpg
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Attachment SCHINDLER Mathias 2016 1708 Second holding reply.pdf
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Dear Mr Schindler,

 

Please find attached a note for your attention regarding your confirmatory
application GestDem 2016/4441.

 

Best regards,

 

 

 

ACCESS TO DOCUMENTS (NL)

[1]cid:image002.jpg@01CFC082.A6D14DD0
European Commission
Secretariat General
B4 – Transparency

 

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Communications Networks, Content and Technology

Dear Mr Schindler,

We have tried to reach you many times, but it seems that the phone number below is not working.

Would you be so kind as to give us a call at following number: +32 2 29 67826 ?

Thank you in advance.

Kind regards,

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

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From: Mathias Schindler

Delivered

Dear Communications Networks, Content and Technology,

The number is +49 30 227 74223.

Yours faithfully,

Mathias Schindler

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Communications Networks, Content and Technology


Attachment image001.gif
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Attachment 2016 4441 Part I C 2017 1211 F1 DECISION LETTER EN V2 P1 874029.pdf
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Attachment Annex II reviewII grey Redacted.pdf
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Attachment Annex IV final 26 01 17 grey Marked documents Redacted.pdf
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Dear Mr Schindler,

 

Please find attached an advance information copy of the confirmatory
decision taken on your request for access to documents registered under
Gestdem number 2016/4441 – Part I, adopted on 16/02/2017 in the
above-mentioned case.

 

Please note that the Secretariat General of the European Commission will
proceed with the formal notification of the decision in the coming days.

 

This advance copy is solely sent for your information and is not the
formal notification of the confirmatory decision.

 

Yours sincerely,

 

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

 

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Communications Networks, Content and Technology


Attachment image001.jpg
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Attachment SCHINDLER 2016 4441 PART2 HR1 EN.pdf
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Dear Mr Schindler,

 

Please find attached a note for your attention regarding your confirmatory
application GestDem 2016/4441 part2.

 

Best regards,

 

 

 

ACCESS TO DOCUMENTS (NL)

[1]cid:image002.jpg@01CFC082.A6D14DD0
European Commission
Secretariat General
B4 – Transparency

 

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From: Mathias Schindler

Delivered

Dear Communications Networks, Content and Technology,

I kindly invite you to explain the current status of the confirmatory application of September 2016.

Yours faithfully,

Mathias Schindler

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From: Mathias Schindler

Delivered

Dear Communications Networks, Content and Technology,

please inform me about the status of this access to documents request.

Yours faithfully,

Mathias Schindler

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Mathias Schindler left an annotation ()

Email to the Commission officer in charge of the case.
"
-----Original Message-----
From:
Sent: Friday, June 09, 2017 3:13 PM
To:
Subject: Confirmatory application GestDem 2016/4441 part2

Dear Ms

my name is Mathias Schindler, i am a local assistant to MEP Julia Reda.
I am writing to you with regards to a confirmatory application to an
access to documents request that started on August 1, 2016. The full
histoy of my communication with the Commission is published at
https://www.asktheeu.org/en/request/2015....

The last communication I received from the Commission about the part 2
of the confirmatory application is dated March 9, 2017, asking for an
extension of the time-limit for an answer for 15 working days and
setting the new deadline to March 31, 2016 (which I believe is meant to
be 2017).

I understand that you are the case manager for this confirmatory
application and if that is the case, I would kindly request an update on
the status of this confirmatory application, especially given the fact
that several of my requests for such an update have not been answered
and that the self-imposed deadline by the commission is now long gone.

Feel free to contact me any time via phone, email or the asktheeu
service at your earliest convenience.

Kind regards,

Mathias Schindler"

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Mathias Schindler left an annotation ()

Reply on the same day:

"---------- Weitergeleitete Nachricht ----------
Von:
Datum: 09.06.2017 5:46 nachm.
Betreff: RE: Confirmatory application GestDem 2016/4441 part2
An:
Cc:

Dear Sir,

Thank you for your message.
Regarding this confirmatory application, unfortunately we have not yet been able to conclude the review on all documents which are
under consultation with third parties.
The consultation on the remaining few documents will be hopefully soon concluded in order to be able to send you a swift reply.
I sincerely apologize if this additional delay have caused you any inconvenience.

Kind regards,
European Commission
Secretariat General
SG.B4-Transparency
B-1049 Brussels/Belgium
+32 2 29"

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From: Mathias Schindler

Delivered

Dear Communications Networks, Content and Technology,

this access to documents request will soon turn one year old. I was thinking about celebrating with you, share a cake and light a candle. Would you be available for some festivity next week?

Yours faithfully,

Mathias Schindler

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Things to do with this request

Anyone:
Communications Networks, Content and Technology only: