Information regarding the DMA legislation
Mathias Schindler made this acceso a documentos request to Competencia
Dear DG COMP,
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
Link: [1]File-List
Link: [2]Edit-Time-Data
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
29/03/2022 under reference number GESTDEM 2022/1833.
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
22/04/2022. 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
[3]Privacy statement – access to documents.
Yours faithfully,
Access to Documents Team
[4]cid:image001.png@01D2AE41.EADC5060
Access to Documents team
DG Competition-European Commission
MADOU-12-85 B-1049 Brussels/Belgium
email: [5][email address]
Dear Mr. Schindler,
We refer to your email dated 25 March 2022, in which you make a request
for access to documents, registered on 29 March 2022 under the above
mentioned 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 on 22 April 2022.
An extended time limit is needed, as your application concerns a large
number of documents, a part of which originate from third parties, which
have been 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 May 2022.
We apologise for this delay and for any inconvenience this may cause.
Yours faithfully,
[1]cid:image001.gif@01D72D39.99D974B0
European Commission
DG COMPETITION
Unit A1
From: COMP ACCESS TO DOCUMENTS <[2][email address]>
Sent: Tuesday, March 29, 2022 2:27 PM
To: Mathias Schindler <[3][FOI #10901 email]>
Cc: COMP ACCESS TO DOCUMENTS <[4][email address]>
Subject: RE: access to documents request - Information regarding the DMA
legislation
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
29/03/2022 under reference number GESTDEM 2022/1833.
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
22/04/2022. 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
[5]Privacy statement – access to documents.
Yours faithfully,
Access to Documents Team
[6]cid:image001.png@01D2AE41.EADC5060
Access to Documents team
DG Competition-European Commission
MADOU-12-85 B-1049 Brussels/Belgium
email: [7][email address]
Dear Competition,
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'.
The request was registered a long time ago. There was no response after 15 working days and no extension of the deadline was properly done. According to Article 7 (4) of Regulation 1049/2001, I am allowed to file for a confirmatory application.
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
Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping
[5]Internal review of access to documents request - Information regarding
the DMA legislation - Ares(2022)4138198 (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,
Thank you for your email dated 01/06/2022.
Please be informed that your confirmatory application regarding Gestdem
2022/1833 has been already registered on 23/05/2022 - see attach.
Kind regards,
Access to documents team (cr)
SG.C.1
Transparency
[6]cid:image004.gif@01D4F9CD.7B22B0F0
Link: [1]File-List
Link: [2]Edit-Time-Data
Link: [3]themeData
Link: [4]colorSchemeMapping
[5]1st Holding reply Gestdem 2022-1833 SCHINDLER - Ares(2022)4443445
(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 would like to inform you that your confirmatory application is currently
being handled. Unfortunately, we were not able to gather all the elements
allowing us an assessment of your confirmatory request within the
prescribed time limit expiring on 16 June 2022.
Consequently, we have to extend this period by another 15 working days in
accordance with Article 8(2) of Regulation (EC) No 1049/2001. The new
deadline expires on 7 July 2022.
Yours faithfully,
Mariusz Daca, Ph.D.
Deputy 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@01D88176.FA3D8750
2. file:///tmp/cid:editdata.mso
3. file:///tmp/~~themedata~~
4. file:///tmp/~~colorschememapping~~
5. https://webgate.ec.testa.eu/Ares/documen...
Dear Sir,
Please find attached the electronic version of Commission Decision
C(2024)6423 as adopted by the European Commission on 04.09.2024, sent to
you on 05.09.2024 and 11.09.2024 – see below.
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,
Access to documents team - cr
SG.C.1
Transparency
From: SG ACCES DOCUMENTS
Sent: Wednesday, September 11, 2024 6:14 PM
To: [FOI #10901 email]
Subject: FW: Your confirmatory application 2022/1833
Dear Sir,
Please find attached the electronic version of Commission Decision
C(2024)6423 as adopted by the European Commission on 04.09.2024 and sent
to you on 05.09.2024 – see below.
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,
Access to documents team - cr
SG.C.1
Transparency
From: SG ACCES DOCUMENTS
Sent: Thursday, September 5, 2024 7:05 PM
To: [1][FOI #10901 email]
Subject: Your confirmatory application 2022/1833
Dear Sir,
Please find attached the electronic version of Commission Decision
C(2024)6423 as adopted by the European Commission on 04.09.2024.
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,
Access to documents team - cr
SG.C.1
Transparency
References
Visible links
1. mailto:[FOI #10901 email]