US paper on DMA negotiations

Maximilian Henning made this access to documents request to Trade

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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 the following document:

The eight-point policy document circulated by the United States of America regarding the ongoing negotiations on the Digital Markets Act, as mentioned in this article https://www.politico.eu/article/us-gover...

Yours faithfully,

Maximilian Henning

TRADE-ACCES-DOCUMENTS@ec.europa.eu, Trade

Dear Sir,

Thank you for your request for access to documents.

Unfortunately, you have not indicated your postal address. This is necessary 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.

Alternatively, you may use directly the electronic form available on the Europa website:
http://ec.europa.eu/transparency/regdoc/... .

Best regards,

DG TRADE Access to Documents Team
European Commission
Directorate General for Trade
Unit R3 – Transparency, Civil Society and Communications
CHAR
1049 Brussels/Belgium
[DG TRADE request email]

Make your voice heard
Conference on the Future of Europe | #TheFutureIsYours | futureu.europa.eu

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Dear [email address],

My postal address is as following:

[redacted]
[redacted]
[redacted]
[redacted]
Maximilian Henning

Yours sincerely,

Maximilian Henning

TRADE-ACCES-DOCUMENTS@ec.europa.eu, Trade

1 Attachment

Dear Sir,

 

Thank you for your e-mail of 02 February 2022. We hereby acknowledge
receipt of your application for access to documents, which was registered
on 02 February 2022 under reference number GESTDEM 2022/0725.

 

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 23
February 2022. In case this time-limit needs to be extended, you will be
informed in due course.

 

For information on how we process your personal data visit our page
[1]Privacy statement – access to documents.

 

Yours sincerely,

 

 

DG TRADE Access to Documents Team

European Commission

Directorate General for Trade

Unit R3 – Transparency, Civil Society and Communications

CHAR
1049 Brussels/Belgium

[2][DG TRADE request email]

Make your voice heard
Conference on the Future of Europe | #TheFutureIsYours |
[3]futureu.europa.eu

 

 

 

References

Visible links
1. https://ec.europa.eu/info/principles-and...
2. mailto:[DG TRADE request email]
3. https://futureu.europa.eu/

CNECT-PUBLIC-ACCESS-TO-DOCUMENTS, Trade

1 Attachment

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

[5]Holding reply - Your application for access to documents RefGestDem
2022/0725 - Ares(2022)1361840  (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 Sir,

 

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 as  the document requested originates
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 expires on 16 March 2022.

 

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

 

Yours sincerely,

 

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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1. file:///tmp/cid:filelist.xml@01D828A6.DF05C890
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

CNECT-PUBLIC-ACCESS-TO-DOCUMENTS, Trade

1 Attachment

Advance copy by e-mail and registered mail with acknowledgement of receipt

Dear Mr Henning,

Please find attached document Ares(2022)1744019 regarding "Your application for access to documents – GestDem 2022/0725" sent by Mr Roberto Viola, General Director of DG CONNECT on 09/03/2022.

Best regards,

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

Maximilian Henning

Dear DG CONNECT,

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 'US paper on DMA negotiations'. Please excuse the delay.

On February 2, I requested “The eight-point policy document circulated by the United States of America regarding the ongoing negotiations on the Digital Markets Act, as mentioned in this article https://www.politico.eu/article/us-gover....

On March 9, you refused my request. You stated that the document I had requested fell under the
- protection of international relations exception of Article 4(1)(a)
- protection of privacy and integrity of individuals exception of Article 4(1)(b)
- protection of decision-making process exception of Article 4(3)
of Regulation 1049/2001.

I would like to ask you to reconsider your decision for the following reasons:

- Disclosure of the document would not undermine the protection of public interest as regards international relations. The third party from which this document originates has already circulated it widely, thereby showing an interest in its disclosure to interested parties. There is therefore no reason why its disclosure should impact the relation to this third party or the public’s interest in this relation.
- The privacy and integrity of individuals can be protected through partial non-disclosure. It is usual practice not to disclose names and contact information, which you mention as data worthy of protection in this case.
- Disclosure of the document would not seriously undermine an institution’s decision-making process. Parts of the document have already been published, for example in the publication that I linked in my request. It is therefore unlikely that a disclosure of the document would impact any decision-making process any further.
- There is an overriding public interest in disclosure. As you state in your reply: “Speculations and misinterpretations of the public on the views, positions, considerations put forward in an early stage of the decision-making process would […] unduly restrict the Commission’s internal space to think”. A disclosure of the document is in the public interest, since a discussion on its contents is already underway based on a partial leak. A disclosure of the document would allow the public to lead an informed discussion.

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

Yours faithfully,

Maximilian Henning

SG ACCES DOCUMENTS, Trade

Dear Sir,

Thank you for your email dated 30/03/2022 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 2022/725.

We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 31/03/2022 (Ares(2022)2399903).

Your application will be handled within 15 working days (26/04/2022). 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

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SG ACCES DOCUMENTS, Trade

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- 0725 - 1st holding letter -
Ares(2022)3231729  (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 Henning,

 

I refer to your e-mail of 30 March 2022, registered on 31 March 2022, 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,
we have not yet been able to gather all the elements we need to carry out
a full analysis of your request in order to take a final decision. We have
had to consult the originator of the third-party documents identified as
falling under the scope of your request in line with Article 4(5) of
Regulation (EC) No 1049/2001. Unfortunately, we have not yet received
their final position and are therefore not in a position to reply to your
confirmatory request within the prescribed time limit expiring on 26 April
2022.

 

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
expires on 18 May 2022.

 

We will try our best to speed up the process as soon as we receive the
final reply from the third-party.

 

Yours sincerely,

 

Mariusz Daca, Ph.D.
Deputy Head of Unit
[6]cid:image001.gif@01D13362.41D673C0

European Commission

Secretariat General

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

 

References

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1. file:///tmp/cid:filelist.xml@01D85972.BD6E5CE0
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...

SG-GREFFE-CERTIFICATION@ec.europa.eu, Trade

3 Attachments

Dear Sir Maximilian Henning,

 

Please find attached the electronic version of Commission Decision C(2022)
6033 as adopted by the European Commission on 16.8.2022.

 

The formal notification of the decision under Article 297 TFEU is being
made only in electronic form.

 

Could you please confirm receipt of the attached document by return
e-mail?

 

Many thanks in advance.

 

Kind regards,

 

BEVIERE Chantal

 

European Commission

Secrétariat général de la Commission – SG - B-2
Procédures écrites, d’habilitation et de délégation

B-1049 Brussels/Belgium

+32 2-295.77.42

[1][email address]

 

 

  

 

 

 

 

References

Visible links
1. mailto:[email address]

Maximilian Henning

Dear Ms Beviere,

I can confirm receipt of your mail and the attached documents. Thank you for your work on my request.

Yours sincerely,

Maximilian Henning