Notification procedure 2021/38/D

Mathias Schindler made this access to documents request to Internal Market, Industry, Entrepreneurship and SMEs

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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 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 documents which contain the following information:

On January 26, Germany submitted a notification concerning a formulation aid for an amendment to insert a research clause in the draft Copyright Service Provider Act. The notification number is 2021/38/D.

I would like to request all information concerning this notification held by the European Commission and its DGs and Agencies. This includes all internal and external conversation in email, writing, notes, memos, briefings as well as any inter- or intra-service-consultation.

Information and Documents are to be understood in a broadest possible sense, including those information which is not considered important and not subject to archival or filing rules.

Yours faithfully,

Mathias Schindler

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

1 Attachment

Dear Mr Schindler,

 

Thank you for your two requests for access to documents received
yesterday.

 

Unfortunately, you have not indicated your postal address that is required
for registering and handling your request in line with the procedural
requirements. Please send us your full postal address at your earliest
convenience. Pending your reply, we reserve the right to refuse the
registration of your request.

 

You may of course use directly the electronic form for entering your
request:

http://ec.europa.eu/transparency/regdoc/...

 

Best regards,

 

DG GROW – Access to documents team

[1]cid:479385507@17082012-2045

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

 

References

Visible links

Mathias Schindler

Dear DG GROW – Access to documents team,

thank you for your email.

Despite the requirements of article 7 (1) of Regulation 1049/2001, you have not yet registered my access to information request. I urge you to do so promptly.

Please confirm that your request for a postal address was sent in error as there is no requirement in Regulation 1049/2001 for the submission of a postal address. I am going to refer you to the EU Ombudsman Office Decision in case 682/2014/JF and also to the fact that the European Commission already has a postal address for me.

Please confirm that your stated intention to "reserve the right to refuse the registration of (my) request" was also sent in error and promptly resume handling the request.

Yours sincerely,

Mathias Schindler

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

Dear Sir,

 

Thank you for your e-mails of 24 August 2021. Please note that as you
lodged your applications via a private third-party website and not with a
same mail address for all your requests to the Commission, a confirmation
of your postal address would allow us to be sure that the correct postal
address is indicated in the reply to the right applicant.

 

We hereby acknowledge receipt of your applications for access to
documents, which were registered on 23 August 2021 under reference number
GESTDEM 2021/5170 and GESTDEM 2021/5171.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your applications
will be handled within 15 working days. The time limit will expire on 14
September 2021. 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,

 

Access to Documents Team

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

Dear Sir,

 

We come back to you regarding your postal address. As we have several
applicants under your name in our database, and with different postal and
mail addressees, please send us your full postal address at your earlier
convenience.

We remind you that the postal address is required for handling your
request in line with the procedural requirements.

 

Best regards,

 

DG GROW ATD Team

 

From: GROW ACCES DOCUMENTS <[DG GROW request email]>
Sent: Tuesday, August 24, 2021 10:31 AM
To: [FOI #9880 email];
[email address]; GROW ACCES DOCUMENTS
<[DG GROW request email]>
Subject: Acknowledgment of the receipt – Your request for access to
documents, GestDem number 2021/5170 and 2021/5171

 

Dear Sir,

 

Thank you for your e-mails of 24 August 2021. Please note that as you
lodged your applications via a private third-party website and not with a
same mail address for all your requests to the Commission, a confirmation
of your postal address would allow us to be sure that the correct postal
address is indicated in the reply to the right applicant.

 

We hereby acknowledge receipt of your applications for access to
documents, which were registered on 23 August 2021 under reference number
GESTDEM 2021/5170 and GESTDEM 2021/5171.

 

In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your applications
will be handled within 15 working days. The time limit will expire on 14
September 2021. 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,

 

Access to Documents Team

Mathias Schindler

Dear Access to Documents Team,

Thank you for sending me confirmation of registration of my initial access to data requests under GESTEM 2021/5171 and 2021/5170, I look forward to a speedy handling of my request and the release of documents that fall within the scope of it.

I would also reiterate my request that I made via email: Please confirm that your request for a postal address was sent in error as there is no requirement in Regulation 1049/2001 for the submission of a postal address. I am going to refer you to the EU Ombudsman Office Decision in case 682/2014/JF.

A postal address might only become relevant at the later stage of a confirmatory application procedure if the European Commission still considers itself to be unable to electronically deliver formal Commission decisions. If we reach that stage, I am willing to assist you in finding out the best postal address that will be suitable by that time.

Mit freundlichem Gruß,

Mathias Schindler

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

Dear Mr Schindler,

We requested you to provide a postal address and you replied the following: "Please confirm that your request for a postal address was sent in error as there is no requirement in Regulation 1049/2001 for the submission of a postal address".

Since 1 April 2014, the submission of a postal address became a mandatory feature for the purpose of making an application for access to documents. We would like to explain why we need your postal address in order to register and handle your application for access to documents:

• To apply correctly the Data Protection Regulation (EU) 2018/1725. Knowing whether the applicant is an EU resident (or not) is necessary for deciding which conditions shall apply for the transmissions of personal data to applicants for access to documents. These conditions are not the same for recipients established in the Union and for recipients in third countries. As the vast majority of the documents requested contain personal data, the Commission cannot ensure the correct application of the data protection rules in the absence of a postal address;

• To apply correctly Regulation (EC) No 1049/2001. Article 4(1)(b) of that Regulation refers to the protection of the privacy and integrity of the individual and has to be applied in line with the Data Protection Regulation;

• To protect the interest of other citizens and safeguard the principle of good administration. The Commission has to treat all citizens equally by ensuring that the legal framework for public access to documents is respected. For example, it has to verify whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded by introducing several requests under different identities. Indeed, in its Ryanair judgment (Judgment of the General Court of 10 December 2010, Ryanair Ltd v European Commission, T-494/08 to T-500/08 and T-509/08, EU:T:2010:511, paragraph 34), the General Court confirmed that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by splitting an application into several, seemingly separate, parts. In addition, the Commission has to make sure that the legal framework is respected and the right of access to documents is not abused by making requests under an invented identity.

The considerations above show that the request for and the consequent processing of the applicant’s postal address is not only appropriate, but also strictly necessary for the performance of a task carried out in the public interest within the meaning of Article 5(1)(a) of Data Protection Regulation, namely providing a smooth and effective access to documents.

We therefore kindly reiterate our request to you to provide a full valid postal address. In addition, please also note that the replies for your applications GESTDEM 2021/5170 and GESTDEM 2021/5171 are almost finalized and need now your postal address to be added before being sent out.

Kind regards,

DG GROW – Access to documents team

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

show quoted sections

Mathias Schindler

Dear DG GROW – Access to documents team,

thank you for your reply in which you state that the replies to my application GESTEM 2021/5170 and GESTEM 2021/5171 are almost finalized.

As a matter of good administration, I ask you to use the individualized email addresses provided by the asktheeu.org for each request. No additional postal address is required to do so. A postal address might become relevant in case this requests hits the confirmatory application stage but in this case, the European Commission seems to have adopted an approach for electronic delivery as well.

Based on the information you already have, including the existing postal address in your records, you should not have any reasonable doubt whether and how to apply the Data Protection Regulation and Regulation 1049/2001.

Yours sincerely,

Mathias Schindler

GROW E3, Internal Market, Industry, Entrepreneurship and SMEs

7 Attachments

Sir,

Please find attached the reply to your requests for access to documents, registered under reference GestDem 2021/5170 and 5171, (along with its attachments).

Yours faithfully,

European Commission
DG Internal Market, Industry, Entrepreneurship and SMEs Unit E3 – Notification of Regulatory Barriers Avenue des Nerviens 105
B-1049 Brussels/Belgium
E-mail: [email address]

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 procedure 2021/38/D'.

I am grateful for the fast handling of my request for access to information regarding the Notification procedure 2021/38/D which was apparently handled in GESTDEM 2021/5170.

I have reason to believe that not all information held by the Commission falling under the scope of my request was released. My request specifically asked all information, this would include drafts of responses to the German authorities and not just the final version of the document.

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

Yours faithfully,

Mathias Schindler

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

Dear Sir,

Thank you for your email dated 03/09/2021 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 2021/5170.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 06/09/2021 (Ares(2021)5470949).

Your application will be handled within 15 working days (27/09/2021). 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

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

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 2021/5170 & 2021/5171 - 1st holding letter -
Ares(2021)5881308  (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 3 September 2021, registered on 6 September 2021,
by which you submit a confirmatory application in accordance with Article
7(2) of Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents (hereafter ‘Regulation (EC)
No 1049/2001’).

 

I would like to inform you that your confirmatory application is currently
being handled. Unfortunately, due to ongoing consultations, we are not in
a position to reply to your confirmatory request within the prescribed
time limit which expired on 27 September 2021.

 

Consequently, we have to extend this period by another 15 working days in
accordance with Article 8(2) of Regulation(EC) No 1049/2001. The new
deadline expires on 18 October 2021.

 

Yours sincerely,

 

 

 

María OLIVÁN AVILÉS
Head of Unit

 

[6]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

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

References

Visible links
1. file:///tmp/cid:filelist.xml@01D7B3C8.359ECE30
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

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

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 2021/5170 & 2021/5171 - 2nd holding letter -
Ares(2021)6366527  (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 3 September 2021, registered on 6 September 2021,
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 2021/5170-5171.

 

We also refer to our holding reply of 27 September 2021, by which the time
limit for replying to your application was extended by 15 working days.
This extended time limit expired on 18 October 2021.

 

We regret to have to inform you that we will not be able to respond within
the extended time-limit. We have finalised our new search for the
requested documents and now we are consulting them  with the
Directorate-General concerned. As soon as we have all the important
elements needed to carry out a full analysis of your request, we will take
a final decision.

 

We can assure you that we are doing our utmost to provide you with a final
reply as soon as possible. We regret this additional delay and sincerely
apologise for any inconvenience this may cause.

 

Yours faithfully,

 

 

María OLIVÁN AVILÉS
Head of Unit

[6]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

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

References

Visible links
1. file:///tmp/cid:filelist.xml@01D7C441.D516AB70
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...