Ref. Ares(2022)4709693 - 28/06/2022
EUROPEAN COMMISSION
SECRETARIAT-GENERAL
Directorate D - Twin Transition, Economic & Social Affairs
SG.D.1 - Digital Transition, Industry & Single Market
Brussels
SG.D.1/TKV
Mathias Schindler
Hermann Mattern-Promenade 25
14469 Potsdam
Germany
By email:
xxxxxxx.xxxxxxxxx@xxxxx.xxx and
ask+request-10903-
xxxxxxxx@xxxxxxxx.xxx
Subject:
Your applications for access to documents – GESTDEM 2022/1810
and GESTDEM 2022/1820
Dear Mr Schindler,
We refer to your emails of 26 March 2022 in which you make two requests for access to
documents pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European Parliament, Council and
Commission documents (hereinafter ‘Regulation 1049/2001’), registered on 28 March
2022 and 6 April 2022 respectively under the above-mentioned reference numbers. We
also make reference to our requests for clarification, dated 19 April 2022 and 29 April
2022, our references Ares(2022)3080897 and Ares(2022)3331558. You replied via email
on 19 April 2022 and 29 April 2022 respectively following which the time limit for
handling your applications was 15 working days pursuant to Article 7(3) of Regulation
1049/2001. We further refer to our emails of 13 May 2022 and 23 May 2022 respectively
informing you about the extension of the deadline, our references Ares(2022)3654943 and
Ares(2022)3872746. We also refer to our email of 13 June 2022 with a reply to your
request, our reference Ares(2022)4338345.
By your applications, you request access to documents with identical information from
different sources: from
Mr Whelan and his team, and from the
Office of the President of
the European Commission and her cabinet members. Given that Mr Whelan and his team
are part of the
Office of the President of the European Commission and her cabinet
members, your requests overlap in this respect, and this reply therefore concerns both of
the above-mentioned applications for access to documents. You have further clarified that
your application for access to documents extends to
any other place within the SecGen.
Therefore, by your applications, you request access to the following:
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
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 held by you and your team.
All information in the context of the Digital Markets Act (DMA) concerning
* remuneration for digital content OR
* the role of publishers OR
* rules on fairness for the provision of services OR
* the inclusion of search engines in the context of the DMA (in particular in the
context of article 6) OR
* FRAND provisions OR
* the relationship of the DMA with the Copyright in the Digital Single Market
Directive OR
* any communication with publishers or their representatives, associations or
people acting on their behalf in the context of the DMA
For the avoidance of doubt, the term "information" and "documents" should be
understood as broadly as possible and it should definitely include such information
and documents that the Commission considers "short-lived" or "unimportant",
including letters, correspondence, memos, drafts, meeting notes, records
regardless of medium, language or format.
If you hold information in an electronic format, I am asking for an electronic copy
of such information in its original data format.
The scope of this request includes but is not limited to any proposals, such as
drafting suggestions or table documents for Art 6.1.kb and the relevant recitals in
preparation for or during the Digital Markets Act trilogue of 24 March 2022. I
want third party communication to be included in the scope of this request.
I am happy to grant you a reasonable amount of time for the required third party
consultations regarding the release of content in possession of the Commission
provided by third parties, such as lobbyists, outside legal counsel and member
states. If permitted by applicable law, I am looking also for the names and
affiliations of people who have submitted such information and I am asking for only
the minimum amount of redaction of such names if required by law.
And really, really, since this has been an issue in the past: If a Commissioner,
Cabinet or staff member of a DG unit is sending a comment, email, text message,
draft or any other piece of data to another Commissioner or staff member in its
own or a different DG falling under the scope of this request, I want a copy of this
document. If you - for whatever reason - do not consider it relevant to be included
in the EU eDomec or ARES system, it does not lose its property as a document
under Regulation 1049/2001.
If you end up considering to invoke exceptions such as those concerning ongoing
legislative work, I am willing to accept partial delivery of documents and kindly
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ask you to indicate the time at which other documents would no longer be covered
by such an exception to allow for a speedy re-filing of this request.
On 13 June 2022, we sent a reply with documents identified to fall within the scope of your
application. However, a number of documents were still undergoing third party consultations
and could not be disclosed at the time of that reply. In relation to the documents that were
subject to a third party consultation, we have identified the following documents to fall within
the scope of your application (marked in
bold throughout this letter):
1.1.1. EMMA & ENPA request for a meeting to the President of the European
Commission with a high-level delegation of European press public
1.1.2. 20201005 EMMA ENPA letter to President von der Leyen meeting
request
1.1.3. Ares(2020)5453482 RE Ares(2020)7522647 EMMA & ENPA request for a
meeting
1.2.1. Ares(2020)7522647 European Magazine Media Association (EMMA) and
European Newspaper Publishers (ENPA) 2
1.2.2. Ares(2020)7522647 European Magazine Media Association (EMMA)
and European Newspaper Publishers
1.2.3. Ares(2021)6211416 Minutes meeting Cabinets with EMMA and ENPA - 7
October 2021 Final
1.3.1. Ares(2022)3961930 EMMA & ENPA - Paper by Prof. Hoeppner on
extending fair and non-discriminatory access (6.1k) 3
1.3.2. Ares(2022)3961930 - EMMA & ENPA - Paper by Prof. Hoeppner on
extending fair and non-discriminatory access (6.1k) 1
1.3.3. Ares(2022)3961930 - EMMA & ENPA - Paper by Prof. Hoeppner on
extending fair and non-discriminatory access (6.1k) 2
1.3.4. Ares(2022)3961902_DMA_Comments on Article 6-1-k_Fair und Non-
Discriminatory Access_Thomas Höppner_V2 2
1.3.5. Ares(2022)3961902_DMA_Comments on Article 6-1-k_Fair und Non-
Discriminatory Access_Thomas Höppner_V2 1
1.4.1. Ares(2022)644288 BDZV-VDZ-Schreiben an Frau Präsidentin von der
Leyen
1.4.2. Ares(2022)644288 2022-01-27_BDZV_VDZ an EUK-Präsidentin von der
Leyen.pdf
1.4.3. Ares(2022)644288 22 01 20 DMA_Comments on Article 6-1-k_Fair and
Non-Discriminatory Access.pdf
1.4.4. Ares(2022)644288 (Annex I_Why Taming Gatekeeper_s Intermediation
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1.5.1. Ares(2020)6924937 Joint statement from the private and public
broadcasters
1.5.2. Ares(2020)6924937 - Joint statement from the private and public
broadcasters on DSA
1.5.3. RE_ Private and public broadcasters unite in a joint statement on the
DSA and DMA (Ares(2020)6924937)
2.1.1. DAV-Position Paper No. 36 2021 with regard to the proposal for a Digital
Markets Act COM(2020) 842
2.1.2. Position paper of the German Bar Association with regard to the Proposal
of the European Commission for an EU Digital Markets Act COM(2020)
842. - Ares(2021)3440262
2.2.1 Re_ Meeting request with SG.D1
2.2.2. Test link before common meeting atrting at 10.00
2.2.3. Report of VC between Google and SG policy unit, 9 March 2022 -
Ares(2022)3114464
3.1.1. Flash report_Fourth and final trilogue on the Digital Markets Act, Brussels
24 March 2022
With regard to the documents identified above in bold, a complete disclosure is prevented
by the exception concerning the protection of privacy and the integrity of the individual
outlined in Article 4(1)(b) of Regulation (EC) No 1049/2001, because they contain the
following personal data:
- the names/initials and contact information of Commission staff members not
pertaining to the senior management;
- the names/initials and contact details of other institutions or natural persons.
Article 9(1)(b) of the Data Protection Regulation (Regulation 2018/1725) does not allow
the transmission of these personal data, except if you prove that it is necessary to have the
data transmitted to you for a specific purpose in the public interest and where there is no
reason to assume that the legitimate interests of the data subject might be prejudiced. In
your request, you do neither express any particular interest to have access to these personal
data, nor put forward arguments to establish the necessity to have the data transmitted for a
specific purpose in the public interest.
Please note that document
1.1.2., 1.2.2., 1.4.2., and
1.5.2. originating from third parties are
disclosed to you based on Regulation (EC) No 1049/2001. However, this disclosure is without
prejudice to the rules on intellectual property, which may limit your right to reproduce or
exploit the released document without the agreement of the originator, who may hold an
intellectual property right on it. The European Commission does not assume any
responsibility from their reuse.
In case you would disagree with this position, you are entitled, in accordance with Article
7(2) of Regulation (EC) No 1049/2001, to submit a confirmatory application requesting the
Commission to review this position.
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Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretariat-General of the Commission at the following address:
Yours faithfully,
Elisa Roller
Director
Enclosure:
disclosed documents
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Electronically signed on 28/06/2022 06:13 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121