Information regarding the DMA legislation

Response to this request is long overdue. By law, under all circumstances, Internal Market, Industry, Entrepreneurship and SMEs should have responded by now (details). You can complain by requesting an internal review.

Mathias Schindler

Dear DG GROW,

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 in the conext of the Digital Markets Act (DMA) concerning
* remuneration for digital content OR
* the role of publishers OR
* rules on fairness for the provision of services OR
* the inclusion of search engines in the context of the DMA (in particular in the context of article 6) OR
* FRAND provisions OR
* the relationship of the DMA with the Copyright in the Digital Sigle Market Directive OR
* any communication with publishers or their representatives, associations or people acting on their behalf in the context of the DMA

For the avoidance of doubt, the term "information" and "documents" should be understood as broadly as possible and it should definitely include such information and documents that the Commission considers "short-lived" or "unimportant", including letters, correspondence, memos, drafts, meeting notes, records regardless of medium, language or format.

If you hold information in an electronic format, I am asking for an electronic copy of such information in its original data format.

The scope of this request includes but is not limited to any proposals, such as drafting suggestions or table documents for Art 6.1.kb and the relevant recitals in preparation for or during the Digital Markets Act trilogue of 24 March 2022. I want third party communication to be included in the scope of this request.

I am happy to grant you a reasonable amount of time for the required third party consultations regarding the release of content in possession of the Commission provided by third parties, such as lobbyists, outside legal counsel and member states. If permitted by applicable law, I am looking also for the names and affiliations of people who have submitted such information and I am asking for only the mimum amount of redaction of such names if required by law.

And really, really, since this has been an issue in the past: If a Commissioner, Cabinet or staff member of a DG unit is sending a comment, email, text message, draft or any other piece of data to another Commissioner or staff member in its own or a different DG falling under the scope of this request, I want a copy of this document. If you - for whatever reason - do not consider it relevant to be included in the EU eDomec or ARES system, it does not lose its property as a document under Regulation 1049/2001.

If you end up considering to invoke exceptions such as those concerning ongoing legislative work, I am willing to accept partial delivery of documents and kindly ask you to indicate the time at which other documents would no longer be covered by such an exception to allow for a speedy re-filing of this request.

Yours faithfully,

Mathias Schindler

GROW-ACCES-DOCUMENTS@ec.europa.eu, Internal Market, Industry, Entrepreneurship and SMEs

Dear Sir,

Thank you for your e-mail of 25th March 2022. We hereby acknowledge receipt of your application for access to documents, which was registered on 28th March 2022 under reference number GESTDEM 2022/1817.

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 21th April 2022. In case this time limit needs to be extended, you will be informed in due course.

You have lodged your application via 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 website is responsible and accountable for the processing of your personal data via that website, and not the Commission. For further information on your rights, please refer to the third party’s privacy policy.

We understand that the third party running the AsktheEU.org website usually publishes the content of applicants’ correspondence with the Commission on that website. This includes the personal data that you may have communicated to the 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 that your correspondence with the Commission is published on a private third-party website such as AsktheEU.org, you can provide us with an alternative, private e-mail address for further correspondence. In that case, the Commission will send all future electronic correspondence addressed to you only to that private address, and it will use only that private address to reply to your request. You should still remain responsible to inform the private third-party website about this change of how you wish to communicate with, and receive a reply from, the Commission.

For information on how we process your personal data visit our page Privacy statement – access to documents.

Yours faithfully,

DG GROW – Access to documents team
European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs

GROW-ACCES-DOCUMENTS@ec.europa.eu, Internal Market, Industry, Entrepreneurship and SMEs

1 Attachment

Dear Mr Schindler,

 

We refer to your request for access to documents, registered on 28 March
2022 under the above-mentioned reference number.

 

The description given in your application does not enable us to identify
concrete documents which would correspond to your request. We therefore
invite you, pursuant to Article 6(2) of Regulation (EC) No 1049/2001
regarding public access to documents, to provide us with more detailed
information on the documents that you seek to obtain.

 

In particular:

-          Please specify the temporal scope of your request for the
search and identification of documents falling in the scope (from… to…)

-          Each of the lines on specific document requests in your list
ends by the word “OR”. Does this wording indicate that you wish to get
access to only one of any of the documents requested in your list?

 

If you need assistance in clarifying or specifying your application,
please let us know.

In accordance with Article 2, third paragraph of the Implementing Rules to
Regulation 1049/2001[1], the 15 working days time limit for handling your
application will start running when we receive the requested
clarifications.

 

Thank you in advance for your understanding.

 

Kind regards,

 

DG GROW – Access to documents team

[1]cid:image001.gif@01D8442A.683AD170

European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs
DG  GROW/B1 – Planning and Briefings

 

 

 

References

Visible links

Mathias Schindler

Dear [email address],

The temporal scope of my request is defined by the timeline of the DMA negotiation. The proposal was made by the Commission on 15/12/2020, so I suggest to limit the temporal scope for documents from June 2021 to today.

The wording and the use of "OR" indicates that my request covers all documents held by you that satisfy at least one of the criteria listed in this list. It means that if you have a document that meets one or more of the criteria listed in this list, I want it. If there are two or more documents matching one criteria, I want it. If a document does not match at least one of the criteria listed there, I do not want it.

Mathias Schindler

GROW G3, Internal Market, Industry, Entrepreneurship and SMEs

3 Attachments

Dear Mr Schindler,

Please find attached a letter from Director-General Kerstin Jorna, in relation to the request for Access to Documents in subject.

Best Regards,

Secretariat of Unit G.3

European Commission
Directorate General Internal Market, Industry, Entrepreneurship and SMEs
Unit G.3 - Digital transformation of industry
Office: BREY 12/106
B-1040 Brussels/Belgium

Mathias Schindler

Dear Internal Market, Industry, Entrepreneurship and SMEs,

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 'Information regarding the DMA legislation'.

I think that more information exists and that the partially released information should have been released in full or at least with fewer redactions.

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

Yours faithfully,

Mathias Schindler

SG ACCES DOCUMENTS, Internal Market, Industry, Entrepreneurship and SMEs

Dear Sir,

Thank you for your email dated 13/05/2022 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
GROW in reply to your initial application GESTDEM 2022/1817.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 16/05/2022 (Ares(2022)3685368).

Your application will be handled within 15 working days (09/06/2022). 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,

Access to documents team (cr)
SG.C.1
Transparency

show quoted sections