Information regarding the DMA legislation

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

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was partially successful.

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

-----Original Message-----
From: Mathias Schindler <[FOI #10900 email]>
Sent: Friday, March 25, 2022 11:34 AM
To: SG ACCES DOCUMENTS <[email address]>
Subject: access to documents request - Information regarding the DMA
legislation

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

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[FOI #10900 email]

If [DG CONNECT request email] is the wrong address for information requests
to Communications Networks, Content and Technology, please tell the
AsktheEU.org team on email [email address]

This message and all replies from Communications Networks, Content and
Technology will be published on the AsktheEU.org website. For more
information see our dedicated page for EU public officials at
[1]https://urldefense.com/v3/__https://www....

Please note that in some cases publication of requests and responses will
be delayed.

-------------------------------------------------------------------

References

Visible links
1. https://urldefense.com/v3/__https://www....

hide quoted sections

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

-----Original Message-----
From: Mathias Schindler <[FOI #10900 email]>
Sent: Friday, March 25, 2022 11:34 AM
To: SG ACCES DOCUMENTS <[email address]>
Subject: access to documents request - Information regarding the DMA
legislation

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

-------------------------------------------------------------------

This is a request for access to information under Article 15 of the TFEU
and, where applicable, Regulation 1049/2001 which has been sent via the
AsktheEU.org website.

Please kindly use this email address for all replies to this request:
[FOI #10900 email]

If [DG CONNECT request email] is the wrong address for information requests
to Communications Networks, Content and Technology, please tell the
AsktheEU.org team on email [email address]

This message and all replies from Communications Networks, Content and
Technology will be published on the AsktheEU.org website. For more
information see our dedicated page for EU public officials at
[2]https://urldefense.com/v3/__https://www....

Please note that in some cases publication of requests and responses will
be delayed.

-------------------------------------------------------------------

References

Visible links
1. https://webgate.ec.testa.eu/Ares/documen...
2. https://urldefense.com/v3/__https://www....

hide quoted sections

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

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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

COMP-A1-MAIL@ec.europa.eu, Communications Networks, Content and Technology

20 Attachments

Dear Mr. Schindler,    

We refer to your applications dated 25 March 2022 in which you make the
requests for access to documents, registered under the above mentioned
reference number.

Please find attached the reply to your requests for access to documents.

According to standard operational procedure, the reply is usually also
sent to you by registered post. However, we will not do so in this case,
given that you have indicated in your request that you do not require a
reply by post. We would therefore appreciate it if you could confirm
receipt of this e-mail.

Yours sincerely,

Unit A-1

European Commission
DG Competition
Unit A.1 – Antitrust case support and policy
MADO
B-1049 Brussels
Belgium
[1]http://ec.europa.eu/competition/

References

Visible links
1. http://ec.europa.eu/competition/

Mathias Schindler

Dear Communications Networks, Content and Technology,

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'.

There was an overly large amount of redaction concerning the documents and I believe more documents falling under the scope of this requests were not released. These may include emails sent within DG COMP departments as a result of the documents that were released as well as preparatory documents, drafts and memos.

I also believe that more documents falling under the scope of this request exist concerning the trilogue process that should be released.

An overriding interest exists because of the public interest in the topic, the role of the commission during the trilogue process and the relevancy of this request. The Commission erred when not taking these factors into account and should have considered them regardless of external input.

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, Communications Networks, Content and Technology

Dear Sir,

Thank you for your email dated 20/05/2022 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
CNECT in reply to your initial application GESTDEM 2022/1756.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 23/05/2022 (Ares(2022)3864558).

Your application will be handled within 15 working days (16/06/2022). 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

-----Original Message-----
From: MathiasSchindler <[FOI #10900 email]>
Sent: Friday, May 20, 2022 9:11 PM
To: SG ACCES DOCUMENTS <[email address]>
Subject: Internal review of access to documents request - Information
regarding the DMA legislation

Dear Communications Networks, Content and Technology,

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'.

There was an overly large amount of redaction concerning the documents and
I believe more documents falling under the scope of this requests were not
released. These may include emails sent within DG COMP departments as a
result of the documents that were released as well as preparatory
documents, drafts and memos.

I also believe that more documents falling under the scope of this request
exist concerning the trilogue process that should be released.

An overriding interest exists because of the public interest in the topic,
the role of the commission during the trilogue process and the relevancy
of this request. The Commission erred when not taking these factors into
account and should have considered them regardless of external input.

A full history of my request and all correspondence is available on the
Internet at this address:
[1]https://urldefense.com/v3/__http://www.a...

Yours faithfully,

Mathias Schindler

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #10900 email]

This message and all replies from Communications Networks, Content and
Technology will be published on the AsktheEU.org website. For more
information see our dedicated page for EU public officials at
[2]https://urldefense.com/v3/__https://www....

Please note that in some cases publication of requests and responses will
be delayed.

-------------------------------------------------------------------

References

Visible links
1. https://urldefense.com/v3/__http://www.a...
2. https://urldefense.com/v3/__https://www....

hide quoted sections

SG ACCES DOCUMENTS, Communications Networks, Content and Technology

Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping

Dear Sir,

Thank you for your email dated 20/05/2022 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
CNECT  DG COMP in reply to your initial application GESTDEM 2022/1756
2022/1833.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 23/05/2022 (Ares(2022)3864558).

Your application will be handled within 15 working days (16/06/2022). 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

-----Original Message-----
From: MathiasSchindler <[4][FOI #10900 email]>
Sent: Friday, May 20, 2022 9:11 PM
To: SG ACCES DOCUMENTS <[5][email address]>
Subject: Internal review of access to documents request - Information
regarding the DMA legislation

Dear Communications Networks, Content and Technology,

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'.

There was an overly large amount of redaction concerning the documents and
I believe more documents falling under the scope of this requests were not
released. These may include emails sent within DG COMP departments as a
result of the documents that were released as well as preparatory
documents, drafts and memos.

I also believe that more documents falling under the scope of this request
exist concerning the trilogue process that should be released.

An overriding interest exists because of the public interest in the topic,
the role of the commission during the trilogue process and the relevancy
of this request. The Commission erred when not taking these factors into
account and should have considered them regardless of external input.

A full history of my request and all correspondence is available on the
Internet at this address:
[6]https://urldefense.com/v3/__http://www.a...

Yours faithfully,

Mathias Schindler

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[7][FOI #10900 email]

This message and all replies from Communications Networks, Content and
Technology will be published on the AsktheEU.org website. For more
information see our dedicated page for EU public officials at
[8]https://urldefense.com/v3/__https://www....

Please note that in some cases publication of requests and responses will
be delayed.

-------------------------------------------------------------------

References

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1. file:///tmp/cid:filelist.xml@01D86EA7.9B60B630
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. mailto:[FOI #10900 email]
5. mailto:[email address]
6. https://urldefense.com/v3/__http:/www.as...
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8. https://urldefense.com/v3/__https:/www.a...

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SG ACCES DOCUMENTS, Communications Networks, Content and Technology

1 Attachment

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

[5]Your confirmatory application for access to documents under Regulation
(EC) No 1049/2001 - GESTDEM 2022/1833 - 2nd holding letter -
Ares(2022)4958355  (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,

 

I refer to your email of 20 May 2022, registered on 23 May 2022, by which
you submit a confirmatory application in accordance with Article 8(1) of
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents ("Regulation (EC) No
1049/2001"), registered under reference numbers GESTDEM 2022/1833.

 

I also refer to our holding reply of 16 June 2022, by which the time limit
for replying to your confirmatory application was extended by 15 working
days, pursuant to Article 8(2) of Regulation 1049/2001. This extended time
limit expires on 7 July 2022.

 

Unfortunately, we still have not been able to gather all the elements
needed to carry out a full analysis of your request and to take a final
decision.

 

Therefore, we are not in a position to reply to your confirmatory request
within the prescribed time limit. However, I can assure you that we are
doing our utmost to provide you with a final reply as soon as possible.

 

I regret this additional delay and sincerely apologise for any
inconvenience this may cause.

 

Yours faithfully,

 

 

 

María OLIVÁN AVILÉS
Head of Unit

European Commission

Secretariat General

Unit C.1 (Transparency, Document Management and Access to Documents)

 

 

References

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5. https://webgate.ec.testa.eu/Ares/documen...

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

8 Attachments

Dear Mr Schindler,

Please find attached document Ares(2022)4957614 regarding " Your request for access to documents - GestDem 2022/1756" sent by Mr Roberto Viola, Director General of DG CONNECT on 07/07/2022.

We would appreciate if you could confirm of having received our response by replying to [email address], by 15/07/2022 at the latest.

Best regards

European Commission
DG CONNECT — ACCESS TO DOCUMENTS
Avenue de Beaulieu, 25
B-1160 Brussels/Belgium