The economics of online news aggregation and neighbouring rights for news publishers

The request was partially successful.

Dear Trade,

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 October 25, 2016, the JRC presented a draft paper called "The economics of online news aggregation and neighbouring rights for news publishers" to DG TRADE. I am requesting all information held by TRADE concerning both this paper (as well as comments, analysis, position papers, memos, etc). or any information concerning copyright or neighbouring rights for press publishers.

Yours faithfully,

Julia Reda

Dear Ms Reda,

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

Best regards,

Access to Documents Team
DG TRADE

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Dear Trade,

there are no valid procedural requirements that allow an institution to refuse registration of an access to documents request pending the provision of a postal address. I refer you to the Decision of the Ombudsman in in case 682/2014/JF: https://www.ombudsman.europa.eu/de/cases...

Secondly, the European Commission is aware of my postal address in the European Parliament.

Yours faithfully,

Julia Reda

Dear Ms Reda,

Thank you for your e-mail dated 21/12/2017. We hereby acknowledge receipt of your application for access to documents, which was registered on 21/12/2017 under reference number GestDem 2017/7585.

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 22/01/2018. 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 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.

Yours faithfully,

DG Trade Access to Documents Team

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1 Attachment

Dear Ms Reda,

 

We refer to your request for access to documents, registered on 21/12/2017
under the reference number GestDem 2017/7585.

 

Your application is currently being handled. However, due to the heavy
workload on a large number of requests, 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 22/01/2018.

 

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 12/02/2018.

 

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

 

Yours faithfully,

 

Access to Documents Team

[1]cid:image001.png@01D3781C.27834C90
European Commission
DG TRADE

 

References

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Dear DG Trade - Access to Documents Team,

thank you for your letter dated January 22, 2018. In this letter, you seek to extend the time-limit to answer this access to documents request and you refer to Article 7 (3) of Regulation 1049/2001. This article allows for the extension of a time-limit under certain conditions:

a) It has to be an exceptional case (for example in the event of an application relating to a very long document or to a very large number of documents)

b) the application has to be notified in advance

c) detailed reasons have to be given to the applicant.

Regrettably you did not comply with these provisions. You failed to explain why this is an exceptional case. On the contrary, your statement "due to the heavy workload on a large number of requests, " indicates that there is nothing specific about this case and that the delay is unrelated to this case. Organisational deficiency does not render a case exceptional.

Even if a stated high workload would render this access to documents request exceptional, it is implausible that this condition was not known before today. The requirement to notify in advance does not mean that this notification should happen at the last hour, it rather requires the DG to notify as soon as the reasons are known.

Finally, the requirement to give detailed reasons is not even remotely met. The sentence „However, due to the heavy workload on a large number of requests, we will not be in a position to complete the handling of your application" is not a detailed reason by any definition of the word detailed. The DG could have stated the actual workload, the number of cases currently being handled, the order in which they are being handled and the measures taken to compensate for any increase in workload.

Please be advised that January 22 remains as the valid time-limit for this access to document request, as long as no proper extension of the time limit has happened. You are reminded of the consequence of a failure to reply which is written in Article 7(4) of the Regulation 1049/2001.

Yours faithfully,

Julia Reda

Dear Trade,

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 'The economics of online news aggregation and neighbouring rights for news publishers'.

The request was sent on December 21, 2017 and registered on the same day. The time-limit for handling the access to documents request expired on January 22, 2018.

There has been no valid extension of the time-limit.

On January 22, The DG Trade Access to Documents team attempted to extend the time-limit by another 15 working days but did not meet any of the requirements of article 7(3) of Regulation 1049/2001.

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

Please send me a confirmation of registration for this confirmatory application as soon as possible.

Yours faithfully,

Julia Reda

Dear Ms Reda,

 

We apologise again for not having replied to you within the 15 working
days after the registration of your request and for not having provided
you with detailed reasons for the extension of deadline.

 

In addition to our previous email, we would like to explain to you that it
took us some time to identify the document that according to your request
 was presented to DG TRADE on 25 October 2016. We had to inquire to
different units in DG TRADE and Commission services, and this took longer
than expected.

 

However, we would like to inform you that the reply to your request has
been prepared and is in the process of validation of DG TRADE's hierarchy,
and you will receive it shortly.

 

Thank you in advance for your understanding.

 

Yours faithfully,

 

DG TRADE

Access to documents Team

 

 

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EC ARES NOREPLY,

1 Attachment

Veuillez trouver ci-joint le document Ares(2018)478885 concernant "Reply to application for access to documents – Ref GestDem No 2017/7585 REDA - The economics of online news aggregation and neighbouring rights for news publishers" envoyé par M/Mme DEMARTY Jean-Luc le 26/01/2018.

Please find attached document Ares(2018)478885 regarding "Reply to application for access to documents – Ref GestDem No 2017/7585 REDA - The economics of online news aggregation and neighbouring rights for news publishers" sent by Mr/Ms DEMARTY Jean-Luc on 26/01/2018.

-------------------------------------------------------------------------------------------------------------
Note: This e-mail was automatically generated by the European Commission's central mail registration system.
Replies by e-mail must be addressed to the original sender DEMARTY Jean-Luc (mailto:[email address]).
Remarque : Cet e-mail a été généré automatiquement par le système d'enregistrement central du courrier de la Commission européenne.
Toute réponse éventuelle par e-mail doit être adressée à l'expéditeur en personne, à savoir DEMARTY Jean-Luc (mailto:[email address]).

2 Attachments

Dear Ms Reda,

 

Thank you for your email of 23/01/2018 in which you lodged a confirmatory
application for access to documents - GESTDEM 2017/7585.

 

In the meantime, we have been informed by DG TRADE that the initial reply
has been sent to you on 26/01/2018.

 

In view of this, we would like to inform you that the Secretariat General
has 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,

 

BLURIOT-PUEBLA Madeleine

Cellule 'Accès aux documents'
 
European Commission
SG/B/4 - Transparence

BERL 05/315
B-1049 Brussels/Belgium
+32 2 296 09 97
[1][Emailadresse]

 

From: BERGMULLER Florian (SG)
Sent: Friday, January 26, 2018 5:44 PM
To: SG DOSSIERS ACCES
Subject: FW: Internal review of access to documents request - The
economics of online news aggregation and neighbouring rights for news
publishers - GestDem 2017/7585

 

Colleagues,

 

On this case TRADE just informed us about having sent out the late initial
reply.

 

You might remember the below email from the applicant where she lodged a
confirmatory application. I understand we never registered it.

 

Could you send the applicant a short message explaining that as she has
received the initial reply in the meantime, we did not register her
confirmatory application due to the absence of an initial reply.

 

Many thanks

f

 

From: TRADE ACCES DOCUMENTS
Sent: Tuesday, January 23, 2018 11:48 AM
To: SG DOSSIERS ACCES
Cc: KAPNOPOULOU Elissavet (SG); GRUNBERG Annette (TRADE)
Subject: FW: Internal review of access to documents request - The
economics of online news aggregation and neighbouring rights for news
publishers - GestDem 2017/7585

 

Dear Madeleine,

 

As discussed, we have received the below email from MEP Reda, in which she
intends to file a confirmatory application in request GestDem 2017/7585
(the below email is not yet in GestDem). She is claiming that there was no
valid reason to extend the time-limit. Please see another email she sent
us yesterday in GestDem, just after we extended the deadline.

 

Could you please advise us what to do? Our reply is in the process of
preparation by the competent unit, and it will be a no documents found
reply.

 

Many thanks in advance. Best regards,

José

 

 

José GONZÁLEZ DE CHAVES CABRERA

[2]http://ec.europa.eu/trade/images/ec-logo...
European Commission
DG TRADE
Unit A5 – Transparency and Evaluation

CHAR 07/205 Brussels, Belgium
+32 229 63683
[3][Emailadresse]

 

 

 

 

 

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1 Attachment

Dear Ms Reda,

 

Thank you for your email of 23/01/2018 in which you lodged a confirmatory
application for access to documents - GESTDEM 2017/7585.

 

In the meantime, we have been informed by DG TRADE that the initial reply
has been sent to you on 26/01/2018.

 

In view of this, we would like to inform you that the Secretariat General
has 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,

 

BLURIOT-PUEBLA Madeleine

Cellule 'Accès aux documents'
 
[1]cid:image001.png@01D398FC.BFF80780
European Commission
SG/B/4 - Transparence

BERL 05/315
B-1049 Brussels/Belgium
+32 2 296 09 97
[2][email address]

 

References

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2. mailto:[email address]

Dear Trade,

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 'The economics of online news aggregation and neighbouring rights for news publishers'.

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

Yours faithfully,

Julia Reda

Dear Madam,

Thank you for your email dated 16/02/2018, 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 TRADE in reply to your initial application GESTDEM 2017/7585.

We hereby acknowledge receipt of your confirmatory application for access to documents which was registered on 16/02/2018 (Ares(2018)922091).

Your application will be handled within 15 working days (09/03/2018). 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.

We kindly offer you the possibility to provide us a contact phone number (by email to [email address]), 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.

Kind regards,

Carlos Remis
SG.B.4
Transparence
Berl. 05/315

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EC ARES NOREPLY,

1 Attachment

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

[5]Ares(2018)1309235 - 1st Holding reply - REDA - GestDem 2017/7585

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.

Subject: Your confirmatory application for access to documents under
Regulation (EC) No 1049/2001 – GESTDEM 2017/7585

 

Dear Ms Reda,

 

I refer to your email of 16 February 2018, registered on the same day, 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 (‘Regulation 1049/2001’).

 

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 that expires on 9
March 2018.

 

Consequently, we have to extend this period by another 15 working days in
accordance with Article 8(2) of Regulation 1049/2001. The new deadline for
your application expires on 4 April 2018.

 

Yours sincerely,

 

Martine Fouwels

Deputy Head of Unit

[6]Flag

European Commission

Secretariat General

Unit B4 (Transparency)

 

References

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1. file:///tmp/cid:filelist.xml@01D3B784.ED8615B0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/ext/doc...

4 Attachments

Dear Madam,

 

Please find attached an advance copy of the confirmatory decision taken on
your requests for access to documents registered under Gestdem numbers
2017/7583, 2017/7585 and 2017/7593 adopted on 03/04/2018 in the
above-mentioned cases.

 

Please note that the Secretariat-General of the European Commission will
proceed with the formal notification of the decision in the coming days.

 

This advance copy is solely sent for your information and is not the
formal notification of the confirmatory decision.

 

Yours faithfully,

 

ACCESS TO DOCUMENTS TEAM (LC)

 

European Commission

Secretariat-General

SG B.4 – Transparency

[1][email address]

 

 

 

References

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1. mailto:[email address]