Information regarding the DMA legislation
Mathias Schindler made this acceso a documentos request to Redes de Comunicación, Contenido y Tecnologías
Dear CNECT,
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:
All information in the conext 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 Sigle 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 mimum 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 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.
Yours faithfully,
Mathias Schindler
Dear Sir,
Thank you for your e-mail of 25/03/2022. We hereby acknowledge receipt of
your application for access to documents, which was registered on
25/03/2022 under reference number GESTDEM 2022/1756.
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 20/04/2022. 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
[1]Holding reply - Your application for access to documents RefGestDem
2022/1756- - Information regarding the DMA legislation -
Ares(2022)3100143 (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 Schindler,
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 because the requested documents originate
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 is 12 May 2022.
We apologise for this delay and for any inconvenience this may cause.
Yours sincerely,
DG CONNECT Access to Documents Team
Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping
[5]2nd Holding reply - Your application for access to documents RefGestDem
2022/1756 - Ares(2022)3645283 (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 Schindler,
We refer to your email of 25 March 2022 in which you make a request for
access to documents, registered on the same day under the above-mentioned
reference number. We also refer to our holding reply sent to you on 20
April 2022 (our reference Ares(2022)3100143).
Your application is currently being handled. However, we have not been in
a position to complete the handling of your application within the time
limit, which expired yesterday.
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
[6]cid:image001.png@01D3AF19.959C0670
European Commission
DG Connect – ACCESS TO DOCUMENTS
BU25 – Avenue de Beaulieu 25
B-1160 Brussels/Belgium
References
Visible links
1. file:///tmp/cid:filelist.xml@01D866B1.3F0A6500
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
Dear CNECT-PUBLIC-ACCESS-TO-DOCUMENTS,
Article 7(3) of Regulation (EC) No 1049/2001 reads:
"3. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given."
I was not notified in advance, no detailed reasons were given.
I don't see how your email meets the requirement of Article 7 (3) of this Regulation and I remind you on your obligation for a timely response within the time limits set out by the Regulation.
Yours sincerely,
Mathias Schindler
Dear Mr. Schindler,
We refer to your applications dated 25 March 2022 in which you make the
requests for access to documents, registered under the above mentioned
reference number.
Please find attached the reply to your requests for access to documents.
According to standard operational procedure, the reply is usually also
sent to you by registered post. However, we will not do so in this case,
given that you have indicated in your request that you do not require a
reply by post. We would therefore appreciate it if you could confirm
receipt of this e-mail.
Yours sincerely,
Unit A-1
European Commission
DG Competition
Unit A.1 – Antitrust case support and policy
MADO
B-1049 Brussels
Belgium
[1]http://ec.europa.eu/competition/
References
Visible links
1. http://ec.europa.eu/competition/
Dear Communications Networks, Content and Technology,
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 'Information regarding the DMA legislation'.
There was an overly large amount of redaction concerning the documents and I believe more documents falling under the scope of this requests were not released. These may include emails sent within DG COMP departments as a result of the documents that were released as well as preparatory documents, drafts and memos.
I also believe that more documents falling under the scope of this request exist concerning the trilogue process that should be released.
An overriding interest exists because of the public interest in the topic, the role of the commission during the trilogue process and the relevancy of this request. The Commission erred when not taking these factors into account and should have considered them regardless of external input.
A full history of my request and all correspondence is available on the Internet at this address: http://www.asktheeu.org/en/request/infor...
Yours faithfully,
Mathias Schindler
Dear Sir,
Thank you for your email dated 20/05/2022 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 2022/1756.
We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 23/05/2022 (Ares(2022)3864558).
Your application will be handled within 15 working days (16/06/2022). 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
Link: [1]File-List
Link: [2]themeData
Link: [3]colorSchemeMapping
Dear Sir,
Thank you for your email dated 20/05/2022 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 DG COMP in reply to your initial application GESTDEM 2022/1756
2022/1833.
We hereby acknowledge receipt of your confirmatory application for access
to documents which was registered on 23/05/2022 (Ares(2022)3864558).
Your application will be handled within 15 working days (16/06/2022). 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
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 2022/1833 - 2nd holding letter -
Ares(2022)4958355 (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 Schindler,
I refer to your email of 20 May 2022, registered on 23 May 2022, by which
you submit a confirmatory application in accordance with Article 8(1) of
Regulation (EC) No 1049/2001 regarding public access to European
Parliament, Council and Commission documents ("Regulation (EC) No
1049/2001"), registered under reference numbers GESTDEM 2022/1833.
I also refer to our holding reply of 16 June 2022, by which the time limit
for replying to your confirmatory application was extended by 15 working
days, pursuant to Article 8(2) of Regulation 1049/2001. This extended time
limit expires on 7 July 2022.
Unfortunately, we still have not been able to gather all the elements
needed to carry out a full analysis of your request and to take a final
decision.
Therefore, we are not in a position to reply to your confirmatory request
within the prescribed time limit. However, I can assure you that we are
doing our utmost to provide you with a final reply as soon as possible.
I regret this additional delay and sincerely apologise for any
inconvenience this may cause.
Yours faithfully,
María OLIVÁN AVILÉS
Head of Unit
European Commission
Secretariat General
Unit C.1 (Transparency, Document Management and Access to Documents)
References
Visible links
1. file:///tmp/cid:filelist.xml@01D891F8.881DA230
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
Dear Mr Schindler,
Please find attached document Ares(2022)4957614 regarding " Your request for access to documents - GestDem 2022/1756" sent by Mr Roberto Viola, Director General of DG CONNECT on 07/07/2022.
We would appreciate if you could confirm of having received our response by replying to [email address], by 15/07/2022 at the latest.
Best regards
European Commission
DG CONNECT — ACCESS TO DOCUMENTS
Avenue de Beaulieu, 25
B-1160 Brussels/Belgium