Communications with Member States on CoE Recommendation on internet intermediaries

EDRi made this access to documents request to European External Action Service

The request was partially successful.

From: EDRi

Delivered

Under the right of access to documents in the EU treaties, as detailed
in Regulation 1049/2001, we are requesting:

- all communications exchanged in October, November and December 2017 between DG HOME Unit D4 (Cybercrime) and the EU Delegation to the Council of Europe regarding the draft Recommendation of the Council of Europe on the roles and responsibilities of internet intermediaries;

- the invitation sent to Member States by the EU Delegation to the Council of Europe to a meeting at 15h on Tuesday, 22nd November to discuss comments received from DG HOME;

-any notes / minutes from the above-mentioned meeting on 22nd November prepared by the European Commission;

- all comments sent by DG HOME to the EU Delegation to the Council of Europe on the draft Recommendation of the Council of Europe on the roles and responsibilities of internet intermediaries;

- all communications in October, November or December 2017 between the European Commission and Member States (individually or collectively) regarding the draft Recommendation of the Council of Europe on the roles and responsibilities of internet intermediaries;

- all communications within the Commission agreeing that its view that the draft Recommendation of the Council of Europe on the roles and responsibilities of internet intermediaries was, as was apparently asserted in the invitation to the 22 November meeting, “in stark contrast with the EU acquis”.

Best regards,

European Digital Rights
Rue Belliard 20. 1040 Brussels (BELGIUM)
Contact person: Joe McNamee

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From: EEAS ACCESS TO DOCUMENTS
European External Action Service

Dear Mr McNamee,

Thank you for your request. Please note that your request falls under the competence of the European Commission (DG HOME) and was sent to them.
Your request will be closed in our database.

Yours sincerely,

ACCES TO DOCUMENTS (AD)
[email address]
SG.AFFGEN.2 – Parliamentary Affairs

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From: EDRi

Delivered

Dear EEAS ACCESS TO DOCUMENTS,

Thank you for your reply.

DG HOME may, in principle, be able to deliver some of the documents requested. However, we consider that some of the documents are quite clearly under the responsibility of your services and we therefore request that you reconsider your initial response.

Under the right of access to documents, we asked for "- the invitation sent to Member States by the EU Delegation to the Council of Europe to a meeting at 15h on Tuesday, 22nd November to discuss comments received from DG HOME". As this is a document that would have been sent by you, we understand it would be under your competence to disclose it.

Under the right of access to documents, we asked for "any notes / minutes from the above-mentioned meeting on 22nd November prepared by the European Commission;"

Can you confirm that the EEAS, having called the meeting in question, did not prepare any notes / minutes (or any other documentation) and this was entirely under the responsibility of DG HOME?

Under the right of access to documents, we also asked for "- all communications in October, November or December 2017 between the European Commission and Member States (individually or collectively) regarding the draft Recommendation of the Council of Europe on the roles and responsibilities of internet intermediaries;"

Can you confirm that the EEAS did not send any information or document to Member States (individually or collectively) regarding the draft Recommendation of the Council of Europe on the roles and responsibilities of internet intermediaries? If you did send any such communications, we would consider this as falling within the EEAS competence.

Under the right of access to documents, we also asked for "- all communications within the Commission agreeing that its view that the draft Recommendation of the Council of Europe on the roles and responsibilities of internet intermediaries was, as was apparently asserted in the invitation to the 22 November meeting, “in stark contrast with the EU acquis”."

The EEAS clearly would be expected to make sure that a position being represented as a Commission position was, indeed, that of the Commission, not least due to the "stark" language allegedly used in the invitation. Can you confirm that you do not have any written communication indicating that the EEAS verified this point with DG HOME?

Yours sincerely,

EDRi
Contact: Joe McNamee
Rue Belliard 20. 1040 Brussels

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From: EEAS ACCESS TO DOCUMENTS
European External Action Service

Dear Mr McNamee,

 

Thank you for your clarification email dated 6 February 2018. This message
is an acknowledgement of receipt for your requests for access to documents
under Regulation 1049/2001 regarding public access to European Parliament,
Council and Commission documents (which the EEAS is also respecting).

 

The transfer of your initial request to the Commission (DG HOME) was done
on the basis of the agreed working arrangement which specify that the
subject matter decides whether a request should be replied to by the
European Commission or the EEAS. However we take the note that you, in
your clarification email dated 6 February 2018 informed us that you also
want a separate reply from the EEAS. We will therefore send you an
additional reply with time limit, as specified in the Regulation.

 

Your requests for access to documents have been registered under reference
number: 2018/027

Please refer to this number in any further correspondence.

 

In accordance with the Regulation, you will receive a reply within 15
working days: 27/02/2018.

 

Yours sincerely,

 

EEAS ACCESS TO DOCUMENTS (AD)

[1][EEAS request email]

SG.AFFGEN.2 – Parliamentary Affairs

 

References

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1. mailto:[EEAS request email]

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From: EEAS ACCESS TO DOCUMENTS
European External Action Service

Dear Mr McNamee,

 

Our services are still examining your request for access to documents,
exceptionally, we need to extend the deadline for reply by additional 15
working days in accordance with Regulation 1049/2001 for the reply to be
adequately validated.

We will make every effort to process your request as quickly as possible.

 

Thank you for your understanding,

Yours sincerely,

 

EEAS Access to Documents (AD)

[1][EEAS request email]

SG.AFFGEN.2 – Parliamentary Affairs

References

Visible links
1. mailto:[EEAS request email]

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From: EEAS ACCESS TO DOCUMENTS
European External Action Service


Attachment Reply to request under regulation 1049.pdf
103K Download View as HTML

Attachment 1.1.Invitation Redacted.pdf
37K Download View as HTML

Attachment 2.1 Communication with MS Redacted.pdf
20K Download View as HTML

Attachment 2.2 Communication with MS Redacted.pdf
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Dear Mr McNamee,

On behalf of Mr Visentin please find attached the reply to your request for access to documents.

Yours sincerely,

EEAS ACCESS TO DOCUMENTS (AD)
[EEAS request email]
SG.AFFGEN.2 – Parliamentary Affairs

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From: EDRi

Delivered

Dear EEAS ACCESS TO DOCUMENTS,

On the basis that
- there was no proposal being made which would impact on current EU legislation and
- there was no decision being taken by the EEAS or the European Commission
we request that you reconsider the decision not to grant full access to the data in question.

European Digital Rights (EDRi)
Address: Rue Belliard 20. 1040 Brussels
Contact: Joe McNamee

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From: EEAS ACCESS TO DOCUMENTS
European External Action Service

Dear Sir,

We have received your email below, but have troubles understanding which part of our reply you wish to confirm: If you refer to the use of Art 4(3) or Art 4(1)b.
Could you please clarify before we register your confirmatory application?

EEAS ACCESS TO DOCUMENTS
[EEAS request email]
SG.AFFGEN.2 – Parliamentary Affairs

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From: EEAS ACCESS TO DOCUMENTS
European External Action Service

Dear Sir,

We did not receive a reply from you to the clarification request below. We were therefore unable to deal with your request. We would be grateful if you could supply us with further information. If we do not receive your clarification by 20 April 2018, your request, registered under reference 2018/027 will be closed in our database.
Yours sincerely,

EEAS Access to Documents (AD)
[EEAS request email]
SG.AFFGEN.2 – Parliamentary Affairs

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From: EEAS ACCESS TO DOCUMENTS
European External Action Service

Dear Sir,

We did not receive a reply from you to the clarification request below. We were therefore unable to deal with your request. Your request, registered under reference 2018/027 will be closed in our database.
Yours sincerely,

EEAS Access to Documents (AD)
[EEAS request email]
SG.AFFGEN.2 – Parliamentary Affairs

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