Dear Madam,

Thank you for your e-mail of 28/06/2022. We hereby acknowledge receipt of
your application for access to documents, which was registered on
28/06/2022 under reference number GESTDEM 2022/3715.

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 19/07/2022. 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 AsktheEU.org 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 (cr)
SG.C.1
Transparency

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[5]Holding reply – Your application for access to documents GestDem
2022/3715 - Ares(2022)5246122  (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 Ms Lauber,

We refer to your request for access to documents, registered under the
abovementioned reference number.

Your application is currently being handled. However, we are not 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 application concerns a very large
number of documents.

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 is 10 August 2022.

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

Yours sincerely,

DG CONNECT Access to Documents Team

European Commission

DG Connect – ACCESS TO DOCUMENTS

Rue de la Loi, 51

B-1049 Brussels/Belgium

References

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5. https://webgate.ec.testa.eu/Ares/documen...

Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
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[5]Your application for access to documents Ref GestDem 2022/3715 -
Ares(2022)5468858  (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 Ms Lauber,

We refer to your e-mail of 28 June 2022 wherein you make a request 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
(‘Regulation 1049/2001’), registered on the same day under the reference
number GestDem 2022/3715.

By your application you are requesting:

‘Under the right of access to documents in the EU treaties, as developed
in Regulation 1049/2001, I am requesting the following documents regarding
the 2016 revision of the audiovisual media services directive (AVMSD):

1.) Any correspondence, meeting agendas and minutes held by DG CONNECT
which involve members of the Regulatory Scrutiny Board and are relevant to
the AVMSD revision (dated between January & May 2016).

2.) Any correspondence, meeting agendas and minutes held by DG CONNECT
which involve DG SecGen and mention the AVMSD revision (dated between May
2015 & May 2016).

3.) The draft impact assessment which was submitted to the Regulatory
Scrutiny Board in March 2016. To be clear, this request refers to the
second of three impact assessment documents; we have the original draft
(dated February 2016), and the final published impact assessment (dated
May 2016), but cannot find the second draft in the public domain.

4.) Minutes and agendas of all meetings between DG CONNECT and external
stakeholders regarding the AVMSD revision (dated between February 2015 &
June 2016). If minutes/agendas are not available, please indicate this.

5.) Minutes of the five inter-service steering group meetings listed in
the impact assessment (12 March, 20 May, 25 November 2015, 14 January & 15
April 2016).’

Your application concerns a large number of documents. Please note that at
this stage, according to our estimate more than 30 documents would fall
within the scope of your request.

Due to the scope of your request, the work needed to deal with your
application requires multiple searches for documents, and entails the
following steps:

-          multiple searches for the identification of the documents which
may fall within the scope of the request

-          retrieval, individual analysis of the documents  and
establishment of a complete list of the documents falling under the scope
of your request;

-          scanning of the documents which are not in pdf format,

-          preliminary individual assessment of the content of the
documents in light of the exceptions contained in Article 4 of Regulation
1049/2001;

-          final assessment of the documents in light of the comments
received;

-          redaction of those parts of the documents to which one or
several exceptions apply;

-          preparation and finalisation of the reply for the request, and

-          preparation of the reply and the documents for dispatch.

It follows from the above that the work needed for the treatment of your
request cannot expected to be completed within the normal time limits set
out in Article 7 of Regulation 1049/2001.

Article 6(3) of the Regulation 1049/2001 provides that, in the event of an
application relating to a very long or a very large number of documents,
the institution concerned may confer with the applicant informally with a
view to finding a fair solution. In accordance with the case law of the
Union Courts, the proposal for a fair solution aims to balance the
interest of the applicant against the workload resulting from the
processing of the application in order to safeguard the interests of good
administration (Judgments of 6 December 2001, Council v Hautala, Case C
353/99 P, EU:C:2001: 661, para. 30, and of 2 October 2014, Strack v
Commission, Case C 127/13 P, EU:C:2014:2250, para.27). Such solution can
only concern the content or the number of documents applied for, not the
deadline for replying (Judgment of the Court of Justice of 2 October 2014
in case C- 127/13, Guido Strack v Commission, paragraphs 26-28).

This means that the scope of the request must be reduced in a way that
would enable its treatment within the extended deadline of 15 + 15 working
days.

Taking this into account and based on the above-mentioned provision, we
would kindly ask you to specify the objective of your request, your
specific interest in the requested documents and whether you could narrow
down the scope of your request, so as to reduce it to a more manageable
amount of documents.

In order to help you narrow down your wide scope request, please note that
at this stage the following categories of documents and estimate number of
documents per category have been identified:

·         Any correspondence, meeting agendas and minutes held by DG
CONNECT which involve members of the Regulatory Scrutiny Board and are
relevant to the AVMSD revision (dated between January & May 2016):
approximately 25 documents

·         The draft impact assessment which was submitted to the
Regulatory Scrutiny Board in March 2016. To be clear, this request refers
to the second of three impact assessment documents; we have the original
draft (dated February 2016), and the final published impact assessment
(dated May 2016), but cannot find the second draft in the public domain: 1
document

·         Minutes of the five inter-service steering group meetings listed
in the impact assessment (12 March, 20 May, 25 November 2015, 14 January &
15 April 2016): approximately 5 documents

Please note that with regard to the other categories mentioned in your
request we were at this stage not able to identify documents.

Taking into account the other ‘access to documents’ requests being handled
within DG CONNECT at the same time, the global workload of the concerned
staff during the same period, the human resources available and the need
to safeguard good administration, we consider that in the remaining
timeframe we would be able to deal with a maximum of 10 documents falling
within the abovementioned categories.

In order to enable us to respect the time limits of Regulation 1049/2001,
we would ask you for a swift response to our proposal for a fair solution.
Please respond by email within 3 working days, i.e. on 3 August 2022 at
the latest.

Please send your response by email to the following address:

[6][email address]

In the absence of a reply within the abovementioned deadline, we will
unilaterally restrict the scope of your application to those parts that
can be dealt with within the extended deadline of 30 working days counting
from the date of registration of your application.

Thank you in advance for your cooperation.

The DG CONNECT Access to Documents Team

European Commission
DG CONNECT – ACCESS TO DOCUMENTS
Rue de la Loi, 51

B-1049 Brussels/Belgium

References

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6. mailto:[email address]

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[5]2nd Holding reply - Your application for access to documents Ref
GestDem 2022/3715 - Ares(2022)5686621  (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 Ms Lauber,

We refer to your request for access to documents, registered under the
abovementioned reference number.

Unfortunately, we are not able to send the reply to your application
within the given time limit, which expires today.

Please be assured that the reply is about to come.

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

Yours faithfully,

DG CONNECT Access to Documents Team

European Commission

DG Connect – ACCESS TO DOCUMENTS

Rue de la Loi, 51

B-1049 Brussels/Belgium

References

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5. https://webgate.ec.testa.eu/Ares/documen...

*** By email only ***

Dear Ms Lauber,

Please find attached document Ares(2022)6517499 regarding ‘GESTDEM 2022/3715’ sent by Mr Roberto Viola, General Director of DG CONNECT on 21/09/2022.

Best regards,

European Commission
DG CONNECT — ACCESS TO DOCUMENTS
Rue de la Loi, 51
B-1049 Brussels/Belgium

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

[5]RE: Your application for access to documents GestDem 2022/3715 -
Ares(2022)6517499 - Ares(2022)6529143  (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 Mrs Lauber,

Thank you for your e-mail. We invite you to indicate to us if we should
treat your e-mail as a new request for access to specific documents, in
particular concerning the following passage:

'(A) The version of the AVMSD impact assessment that was submitted to the
RSB in March 2016 (the fair solution proposal indicated that a search had
identified this document).

(B) Minutes and agendas of all meetings between DG CONNECT and external
stakeholders regarding the AVMSD revision, between February 2015 & June
2016 (this was not mentioned in the fair solution proposal).

(C) Any correspondence, meeting agendas and minutes held by DG CONNECT
which involve DG SecGen and mention the AVMSD revision, dated between May
2015 & May 2016 (this was not mentioned in the fair solution proposal).

For (A), please can you let me know why this was not released as part of
your response to GestDem 2022/3715; and for (B) and (C), please can you
clarify if any documents within scope were identified? I am aware that
your team is operating with limited capacity and would like to agree a
compromise that poses as little additional burden as possible. (B) and (C)
could be narrowed down significantly,  for instance - our research project
is particularly interested in alcohol and HFSS food advertising within the
AVMSD so documents could be limited to those containing relevant
information on the commercial communications provisions.'

Alternatively, in accordance with Article 7(2) of Regulation (EC) No
1049/2001 and as indicated in our reply letter Ares(2022)6517499, you are
entitled to make a confirmatory application requesting the Commission to
review its position. If we should regard your e-mail as a confirmatory
application, please let us know as soon as possible and we will transfer
it to the Secretariat-General of the Commission, responsible for the
handling of confirmatory applications.

Thank you in advance for your cooperation.

The DG CONNECT Access to Documents Team

European Commission
DG CONNECT – ACCESS TO DOCUMENTS
Rue de la Loi, 51

B-1049 Brussels/Belgium

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

[4]Ares(2022)7790046 - Your application for access to documents - GestDem
2022/5491 - Ares(2022)7790780  (Please use this link only if you are an
Ares user – Svp, utilisez ce lien exclusivement si vous êtes un(e)
utilisateur d’Ares)

By email only

Dear Ms Lauber,

Please find attached document Ares(2022)7790046 regarding ‘Your
application for access to documents - GestDem 2022/5491’ sent by Mr
Roberto Viola, General Director of DG CONNECT on 11/11/2022.

Best regards,

European Commission
DG CONNECT — ACCESS TO DOCUMENTS
Rue de la Loi, 51
B-1049 Brussels/Belgium

References

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