Notification on NetzDG Amendments

Internal Market, Industry, Entrepreneurship and SMEs did not have the information requested.

Dear Internal Market, Industry, Entrepreneurship and SMEs,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting the following information:

Any document that relates to the recent German notification "Draft Act amending the Network Enforcement Act" (TRIS:2020/174/D), including but not limited to intra-unit communication, proposals, memos, meeting minutes & scene-setters, emails, legal opinions, and letters to Commission and staff.

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

In case documents should be classified or cannot be released because of exceptions of special treatment, I am asking for the name, source (e.g. the institution, DG and unit) and any reference number of these documents.

I wish that all information on this subject held to be included in this request, including those documents which are not registered or filed and those which will not be registered or filed. If a document is considered not important enough for filing, it is still a document under Regulation 1049/2001 and should be released.

Yours,

Robert Gorwa
Alexander von Humboldt Institut für Internet und Gesellschaft
Französische Straße 9 | 10117 Berlin

Internal Market, Industry, Entrepreneurship and SMEs

Dear Mr Gorwa,

Thank you for your e-mail of 20/04/2020. We hereby acknowledge receipt of your application for access to documents, which was registered on 20/04/2020 under reference number GESTDEM 2020/2256.

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 12/05/2020. 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.

Yours sincerely,

DG GROW – Access to documents team
European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs
DG GROW/01 – Coordination and Planning

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Internal Market, Industry, Entrepreneurship and SMEs

1 Attachment

Dear Mr Gorwa,

 

We refer to your e-mails dated 20/04/2020 in which you make 2 requests for
access to documents, registered on 20/04/2020 under the above mentioned
reference numbers.

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 on 12/05/2020.

 

An extended time limit is needed as your application concerns documents
held by different Services 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 expires on 05/06/2020.

 

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

 

Yours sincerely,

 

DG GROW – Access to documents team

European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs
DG GROW/01 – Coordination and Planning

 

Internal Market, Industry, Entrepreneurship and SMEs

1 Attachment

Dear Mr Gorwa,

We refer to your e-mails dated 20/04/2020 in which you make requests for
access to documents, registered on 20/04/2020 under the above mentioned
reference numbers.

The replies to your request could not be finalised today. Therefore, we
are not in a position to complete the handling of your applications within
the extended time limit of 15 working days, which expires today
(05/06/2020). Please be reassured that we are doing our best to be able to
send you the replies as soon as possible.

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

Kind regards,

DG GROW – Access to documents team

European Commission
Directorate-General for Internal Market, Industry, Entrepreneurship and
SMEs
DG GROW/03 – Strategic Planning and Delivery Unit

 

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 'Notification on NetzDG Amendments'.

I filed this initial request on April 20, and more than two 15 working day extensions have passed without further details. I understand of course that the current Coronavirus situation may lead to delays, but I would ask for my request to be properly evaluated, especially given its relevance to a series of policy conversations in Germany and Europe that are not on hold (the public Digital Services Act consultations just began last week).

Yours faithfully,

Robert Gorwa

ve_grow.b.2(GROW), Internal Market, Industry, Entrepreneurship and SMEs

1 Attachment

Dear Mr Gorwa,

Please find attached the reply to your request for access to documents, registered under reference GestDem 2020/2256, (along with its attachments).

According to standard operational procedure, the reply is usually also sent to you by registered post. Please note, however, that due to the extraordinary health and security measures currently in force during to the COVID-19 epidemics, which include the requirement for all Commission non-critical staff to telework, we are unfortunately not in a position to follow this procedure until further notice.

We would therefore appreciate if you could confirm receipt of the present e-mail by replying to: [email address].

Thank you.

Kind regards,

European Commission
DG Internal Market, Industry, Entrepreneurship and SMEs
Unit B2 – Regulatory Barriers
Avenue des Nerviens 105
B-1049 Brussels/Belgium
E-mail: [email address]

ve_sg.accessdoc (SG), Internal Market, Industry, Entrepreneurship and SMEs

[1]Ares(2020)2975744 - Internal review of access to documents request -
Notification on NetzDG Amendments

Sent by ve_sg.accessdoc (SG) <[email address]>. All responses have
to be sent to this email address.
Envoyé par ve_sg.accessdoc (SG) <[email address]>. Toutes les
réponses doivent être effectuées à cette adresse électronique.

Dear Mr Gorwa,

Thank you for your email of 09/06/2020 in which you lodged a confirmatory
application for access to documents - GESTDEM 2020/2256.

In the meantime, we have been informed by DG GROW that the initial reply
has been sent to you today.

In view of this, we would like to inform you that the Secretariat General
will not register your confirmatory application at this stage.

However, upon receipt of the initial reply, if you wish to submit a
confirmatory request in accordance with Article 7 of the Regulation (EC)
No 1049/2001 regarding public access to European Parliament, Council and
Commission documents, you remain free to do so.

Best regards,
Access to documents team (cr)
SG.C.1
Transparency
Berl. 07/251

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