Information regarding the DMA legislation

Response to this request is long overdue. By law, under all circumstances, Communications Networks, Content and Technology should have responded by now (details). You can complain by requesting an internal review.

Mathias Schindler

Dear CNECT,

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

SG ACCES DOCUMENTS, Communications Networks, Content and Technology

Dear Sir,

Thank you for your e-mail of 25/03/2022. We hereby acknowledge receipt of
your application for access to documents, which was registered on
25/03/2022 under reference number GESTDEM 2022/1756.

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 20/04/2022. 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 AsktheEU.org 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,

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

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CNECT-PUBLIC-ACCESS-TO-DOCUMENTS, Communications Networks, Content and Technology

[1]Holding reply - Your application for access to documents RefGestDem
2022/1756- - Information regarding the DMA legislation -
Ares(2022)3100143  (Please use this link only if you are an Ares user –
Svp, utilisez ce lien exclusivement si vous êtes un(e) utilisateur d’Ares)

Dear Mr Schindler,

We refer to your request for access to documents, registered under the
abovementioned reference number. Your application is currently being
handled. However, we will not be in a position to complete the handling of
your application within the time limit of 15 working days, which expires
today.

An extended time limit is needed because the requested documents originate
from third parties, which must be consulted. Therefore, we have to extend
the time limit with 15 working days in accordance with Article 7(3) of
Regulation (EC) No 1049/2001 regarding public access to documents.

The new time limit is 12 May 2022.

We apologise for this delay and for any inconvenience this may cause.

Yours sincerely,

DG CONNECT Access to Documents Team

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CNECT-PUBLIC-ACCESS-TO-DOCUMENTS, Communications Networks, Content and Technology

1 Attachment

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping

[5]2nd Holding reply - Your application for access to documents RefGestDem
2022/1756 - Ares(2022)3645283  (Please use this link only if you are an
Ares user – Svp, utilisez ce lien exclusivement si vous êtes un(e)
utilisateur d’Ares)

Dear Mr Schindler,

 

We refer to your email of 25 March 2022 in which you make a request for
access to documents, registered on the same day under the above-mentioned
reference number. We also refer to our holding reply sent to you on 20
April 2022 (our reference Ares(2022)3100143).

 

Your application is currently being handled. However, we have not been in
a position to complete the handling of your application within the time
limit, which expired yesterday.

 

Please be assured that the reply is about to come.

 

We apologise for this delay and for any inconvenience this may cause. 

 

Yours faithfully,

 

DG CONNECT Access to Documents Team 

 

[6]cid:image001.png@01D3AF19.959C0670

European Commission

DG Connect – ACCESS TO DOCUMENTS

BU25 – Avenue de Beaulieu 25

B-1160 Brussels/Belgium

 

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D866B1.3F0A6500
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

Mathias Schindler

Dear CNECT-PUBLIC-ACCESS-TO-DOCUMENTS,

Article 7(3) of Regulation (EC) No 1049/2001 reads:

"3. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given."

I was not notified in advance, no detailed reasons were given.

I don't see how your email meets the requirement of Article 7 (3) of this Regulation and I remind you on your obligation for a timely response within the time limits set out by the Regulation.

Yours sincerely,

Mathias Schindler