Dear Sir/Madam,

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:

Before proposing a regulation on preventing the dissemination of terrorist content online on 12/9/2018 the Commission may have consulted Member States and industry. Please provide me with the documents relating to such consultations (both incoming and outgoing correspondence).

Yours faithfully,
Patrick Breyer

ve_home.access.to.documents (HOME), Migration and Home Affairs

[1]Ares(2019)7724880 - FW: access to documents request - TCO consultation

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

                                               

Dear Mr. / Mrs,

Thank you for your request for access to documents.

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:
[2]http://ec.europa.eu/transparency/regdoc/...

Best regards,

European Commission
DG Migration and Home Affairs
Access to Documents Team

show quoted sections

Dear ve_home.access.to.documents (HOME),

my postal address is Rue Wiertz 60, 1047 Brussels. I would however ask you to use electronic correspondence.

Yours sincerely,
Patrick Breyer

ve_home.access.to.documents (HOME), Migration and Home Affairs

[1]Ares(2019)7755372 - your application for access to documents, reference
number GestDem 2019/7288

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

Dear Sir / Madam,

Thank you for your e-mail dated 11/12/2019. We hereby acknowledge receipt
of your application for access to documents, which was registered under
reference number GestDem 2019/7288.

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
17/01/2020. In case this time limit needs to be extended, you will be
informed in due course.

You have lodged your application via the AsktheEU.org website. Please note
that this is 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 European Commission. For further information
on your rights, please refer to the third party’s privacy policy.

We understand that the third party running that website usually publishes
the content of applicants’ correspondence with the European Commission on
that website. This includes the personal data that you may have
communicated to the European 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 your correspondence with the European Commission to be
published on the AsktheEU.org website, you can provide us with an
alternative, private e-mail address for further correspondence. In that
case, the European Commission will send all future electronic
correspondence addressed to you only to that private address.

Yours faithfully,

European Commission
DG Migration and Home Affairs
Access to Documents Team

show quoted sections

Migration and Home Affairs

Dear Mr Breyer,

 

We refer to your e-mail dated 11/12/2019 in which you make a request for
access to documents, registered on 17/12/2019 under the above-mentioned
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 on 17/01/2019.

 

An extended time limit is needed in order to retrieve the documents
requested, as large files have to be examined, and the documents requested
originate from third parties which have to 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 7/02/2020.

 

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

 

Yours sincerely,

 

European Commission

DG Migration & Home Affairs

D.3 - Prevention of radicalisation

 

 

KANSKA Milena, Migration and Home Affairs

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

[4]Ares(2020)269678 - Your application for access to documents – Ref
GestDem No 2019/7288

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

Dear Mr Breyer,

 

We refer to your e-mail dated 11/12/2019 in which you make a request for
access to documents, registered on 17/12/2019 under the above-mentioned
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 on 17/01/2019.

 

An extended time limit is needed in order to retrieve the documents
requested, as large files have to be examined, and the documents requested
originate from third parties which have to 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 7/02/2020.

 

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

 

Yours sincerely,

 

European Commission

DG Migration & Home Affairs

D.3 - Prevention of radicalisation

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D5CC55.AF5AD630
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...

ve_home.d.3 (HOME), Migration and Home Affairs

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

[4]Ares(2020)803523 - Ref GestDem No 2019/7288 reply delay

Sent by ve_home.d.3 (HOME) <[email address]>. All
responses have to be sent to this email address.
Envoyé par ve_home.d.3 (HOME) <[email address]>. Toutes
les réponses doivent être effectuées à cette adresse électronique.

Dear Mr Breyer,

In reference to your request for access to documents Ref GestDem No
2019/7288, registered on 17/12/2019, we wish to inform you that our
services were not in a position to finalise the reply by 7/02/2020.

We will do our best to reply in the days to come.

In the meantime, please accept our apologies for any inconvenience this
may cause.

Best regards,

The Prevent Team

 

References

Visible links
1. file:///tmp/cid:filelist.xml@01D5DDD1.B5BD8EE0
2. file:///tmp/~~themedata~~
3. file:///tmp/~~colorschememapping~~
4. https://webgate.ec.testa.eu/Ares/documen...

Migration and Home Affairs

1 Attachment

Please find attached document Ares(2020)962367 from PARIAT Monique (HOME)
dated 14/02/2020.

 

Veuillez trouver ci-joint le document Ares(2020)962367 de PARIAT Monique
(HOME) daté du 14/02/2020.

Dear Sir/Madam,

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 'TCO consultation', Ref GestDem No 2019/7288.

I don't object to the removal of personal data, but I object to the refusal of full access on other grounds (Articles 4 of Regulation (EC) No 1049/2001).

With regard to the documents numbered 4-22 [responses to the questionnaires from the Member
States] I have been refused access to answers to the following questions:
I. Problem and baseline scenario
- amount of terrorist content online
- risk that removal by companies on their own initiative could interfere with investigations or intelligence gathering
- risk of erroneous removal by platforms of legal content
II. Non regulatory options: reinforcing voluntary action
III. Legislative options
- necessity
- scope
- measures
- smaller companies
- impact on fundamental rights

The policy considerations of Member States can obviously not endanger public safety.

Furthermore these policy considerations have no impact on the ongoing negotiations on the proposed regulation on "terrorist content online":
This legislation was proposed only after the Member States answered the questionnaire. The answers can therefore not relate to the ongoing negotiations. The ongoing negotiations do not mean that everything Member States ever said on terrorist content online was confidential.
The answers regarding the problem and baseline scenario do not concern the ongoing negotiations specifically.
The answers concerning non-regulatory options also, obviously, do not concern the legislative negotiations.
The answers on legislative options are of a general nature and do not concern the proposal that is being negotiated.
The Commission has not specified just how exactly publication should have a negative impact.

According to the ECJ's jurisprudence, even the 4-column-documents on ongoing negotiations are to be published in principle. All the more this goes for documents created before a proposal was even made.

Finally there is an overriding public interest in access to those documents. The answers given by Member States concern serious interferences with the fundamental right to free speech. Disclosure is needed to enable a public debate. Member States governments are subject to democratic accountability, but only if democratic representatives can hold them accountable for their positions.
For example there is a strong public interest in the Member States positions concerning the "risk of erroneous removal by platforms of legal content" or concerning the "impact on fundamental rights".

With regard to the documents numbered 23-30 listed in the Annex [responses to the questionnaires
from companies] I dispute that disclosure would undermine the protection of commercial interests. I don't believe these unclassified responses contain any commercially sensitive information. Even if they did, partial access needs to be given to the remainder of the responses.
Furthermore, in view of the fundamental rights at stake, there is an overriding public interest in access to the comments made by companies on the removal of content online.

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

Yours faithfully

ve_sg.accessdoc (SG), Migration and Home Affairs

[1]Ares(2020)1322985 - FW: Internal review of access to documents request
- TCO consultation (GESTDEM 2019/7288)

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 Sir,

Thank you for your email dated 02/03/2020 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 the
Directorate General HOME in reply to your initial application GESTDEM
2019/7288.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 03/03/2020 (Ares(2020)1322868).

Your application will be handled within 15 working days (24/03/2020). 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 (RC)
SG.C.1
Transparency

show quoted sections

Migration and Home Affairs

4 Attachments

 

 

MARTIN GALAN MARIA SERENA

Secrétariat général de la Commission – Greffe B-2
Procédures écrites, habilitations, délégations et transmissions externes

BERL 5/155
'   +32-2-299.59.48
7    +32-2-296.72.43

[1]cid:image016.jpg@01D041FE.EC4221C0[2]cid:image017.jpg@01D041FE.EC4221C0[3]cid:image018.jpg@01D041FE.EC4221C0

   Your tool  | Our help

 

 

Dear Mr Patrick Breyer,

 

Please find attached the electronic version of Commission Decision
C(2020)3895 as adopted by the European Commission on 5.6.2020.

 

Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.

 

Please confirm receipt of the attached document by return e-mail.

 

Kind regards,

 

 

 

MARTIN GALAN MARIA SERENA

Secrétariat général de la Commission – Greffe B-2
Procédures écrites, habilitations, délégations et transmissions externes

BERL 5/155
'   +32-2-299.59.48
7    +32-2-296.72.43

[4]cid:image016.jpg@01D041FE.EC4221C0[5]cid:image017.jpg@01D041FE.EC4221C0[6]cid:image018.jpg@01D041FE.EC4221C0

   Your tool  | Our help

 

 

References

Visible links
1. https://intragate.ec.europa.eu/decide/sep
3. https://webgate.ec.europa.eu/fpfis/wikis...
4. https://intragate.ec.europa.eu/decide/sep
6. https://webgate.ec.europa.eu/fpfis/wikis...

Dear Sir/Madam,

thank you for communicating the Commission's Decision.

While the Decision refers to documents 1-30 (as set out in Annex 1 to the original DG HOME decision), the 32 documents you have annexed to the Decision are not numbered accordingly. I can thus not identify the authors and assess my options with regard to the partial refusal of access.

Please let me know which of the annexed file(s) correspond to which document 1-30 as numbered in the Decisions. (Preferably please indicate the document numbers in the file names and re-send.)
I thank you in advance for your timely reply which will help avoid unnecessary follow-up actions.

Yours faithfully,
P. Breyer

Migration and Home Affairs

34 Attachments

 

 

From: SG ACCES DOCUMENTS
Sent: Tuesday, June 9, 2020 4:40 PM
To: 'ask' <[email address]>
Subject: Your confirmatory request for access to documents - GESTDEM
2019/7288

 

Dear Sir,

 

Please find attached a copy of the reply to your confirmatory request for
access to documents registered under the number GESTDEM 2019/7288.

 

Given the exceptional circumstances due to the COVID-19 pandemic, the
formal notification of the decision under Article 297 TFEU is being made
only in electronic form.

 

Please confirm receipt of the attached document by return e-mail.

 

Kind regards,

 

Yours faithfully,

Access to documents team (rc)
SG.C.1
Transparency
[1]cid:image004.gif@01D4F9CD.7B22B0F0

References

Visible links