Documents relating to 2015-2018 AVMSD revision
Dear DG SECGEN access to documents team,
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 2015-18 revision of the Audiovisual Media Services Directive (AVMSD).
Specifically, I would like to request:
1. The minutes of the inter-service steering group (ISSG) meetings held on 12 March 2015 and 20 May 2015, as indicated in annex 1 of SWD(2016) 168. The minutes of the other listed ISSG meetings were returned as part of a previous request – GestDem 2022/3715 (to DG CNECT) – but the exclusion of these two meetings was not explained.
2. Any written comments on the AVMSD impact assessment from ISSG members sent to DG CNECT between November 2015 and May 2016. The minutes of the ISSG meetings in January, February and April indicate that written comments were submitted by DG GROW, DG SANTE and DG JUST, and that DG SECGEN was copied into the submission of these comments.
3. The comments on the revised impact assessment that were sent by DG SECGEN to ISSG members shortly after the meeting on 18 April 2016, as indicated in the minutes of this meeting.
4. Any written correspondence between DG CNECT and the RSB with regard to the 2016 AVMSD revision (excluding RSB opinions) between February and May 2016. We include here the correspondence – including the ‘quality checklist’ and initial recommendations – sent to DG CNECT by the RSB ahead of the Board meeting at which the original impact assessment (dated 22 February 2016) was discussed.
5. Any documents attached to the correspondence noted in point 4 (for example, technical comments).
Where minutes were not created, or the information is not held by DG SECGEN, I would be grateful if this could be indicated. As per Article 4(1)(b) Regulation 1049/2001, please redact the names/initials and contact information of Commission staff members not pertaining to senior management.
I am aware the information requested concerns different units within DG SECGEN and would be grateful if you could direct my queries to the appropriate teams. I would also be glad to discuss the request and refine its parameters if appropriate. In case it is helpful to have some context, we are seeking to better understand the revision of the impact assessment processes as part of a research project.
Yours sincerely,
Dr Kathrin Lauber
Your message has been received by the Transparency Unit of the
Secretariat-General of the European Commission.
Requests for public access to documents are treated on the basis of
[1]Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.
The Secretariat-General will reply to your request within 15 working days
upon registration of your request and will duly inform you of the
registration of the request (or of any additional information to be
provided in view of its registration and/or treatment).
L’unité «Transparence» du secrétariat général de la Commission européenne
a bien reçu votre message.
Les demandes d’accès du public aux documents sont traitées sur la base du
[2]règlement (CE) n° 1049/2001 du 30 mai 2001 relatif à l’accès du public
aux documents du Parlement européen, du Conseil et de la Commission.
Le secrétariat général répondra à votre demande dans un délai de 15 jours
ouvrables à compter de la date d’enregistrement de votre demande, et vous
informera de cet enregistrement (ou vous indiquera toute information
supplémentaire à fournir en vue de l'enregistrement et/ou du traitement de
votre demande).
Ihre Nachricht ist beim Referat „Transparenz“ des Generalsekretariats der
Europäischen Kommission eingegangen.
Anträge auf Zugang zu Dokumenten werden auf der Grundlage der
[3]Verordnung (EG) Nr. 1049/2001 vom 30. Mai 2001 über den Zugang der
Öffentlichkeit zu Dokumenten des Europäischen Parlaments, des Rates und
der Kommission behandelt.
Das Generalsekretariat beantwortet Ihre Anfrage innerhalb von
15 Arbeitstagen nach deren Registrierung und wird Sie über die
Registrierung Ihres Antrags (oder die Notwendigkeit weiterer Informationen
im Hinblick auf dessen Registrierung und/oder Bearbeitung) unterrichten.
References
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2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
Dear Sir or Madam,
We are writing to you concerning your request for access to documents sent
on 28/10/2022 and registered on 31/10/2022 under case number 2022/6217.
Since you have not indicated your postal address, we are not able to start
handling your request. The 15 working days to reply to your request will
start running only when you send us your postal address.
You can send your postal address by replying to this e-mail. If we do not
receive your reply we may close this case.
Please note that you can submit a request for access to Commission
documents via the portal [1]'Request a Commission document', which does
not require you to indicate your postal address.
Why do we need your personal postal address?
Since 1 April 2014, the submission of a postal address became a mandatory
feature when submitting an application for access to Commission documents
via an e-mail. We would like to explain why we need your postal address in
order to register and handle your application for access to documents when
submitted via e-mail:
• Firstly, to obtain legal certainty as regards the date you received
the European Commission reply to your application for public access to
documents. Article 297 of the Treaty on the Functioning of the
European Union (TFEU) states that 'decisions which specify to whom
they are addressed, shall be notified to those to whom they are
addressed and shall take effect upon such notification.' In line with
this provision, if the Commission does not grant full access to the
requested documents, it notifies the reply to the applicant via
registered mail with acknowledgement of receipt or via delivery
service. This requires an indication of a valid postal address by the
applicant;
• Secondly, to apply correctly the [2]Data Protection Regulation (EU)
2018/1725. Knowing whether the applicant is an EU resident (or not) is
necessary for deciding which conditions shall apply for the
transmissions of personal data to applicants for access to documents.
These conditions are not the same for recipients established in the
Union and for recipients in third countries. As the vast majority of
the documents requested contain personal data, the Commission cannot
ensure the correct application of the data protection rules in the
absence of a postal address;
• Thirdly, to apply correctly [3]Regulation (EC) No 1049/2001. Article
4(1)(b) of that Regulation refers to the protection of the privacy and
integrity of the individual and has to be applied in line with the
Data Protection Regulation;
• Fourthly, to protect the interest of other citizens and safeguard the
principle of good administration. The Commission has to treat all
citizens equally by ensuring that the legal framework for public
access to documents is respected. For example, it has to verify
whether Article 6(3) of Regulation (EC) No 1049/2001 is being evaded
by introducing several requests under different identities. Indeed, in
its Ryanair judgment ([4]EU:T:2010:511), the General Court confirmed
that Article 6(3) of Regulation (EC) No 1049/2001 cannot be evaded by
splitting an application into several, seemingly separate, parts. In
addition, the Commission has to make sure that the legal framework is
respected and the right of access to documents is not abused by making
requests under an invented identity.
The considerations above show that the request for and the consequent
processing of the applicant's postal address is not only appropriate, but
also strictly necessary for the performance of a task carried out in the
public interest within the meaning of Article 5(1)(a) of Data Protection
Regulation, namely providing a smooth and effective access to documents.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
References
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1. https://www.ec.europa.eu/transparency/do...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
4. https://eur-lex.europa.eu/legal-content/...
Dear SecGen Access to Documents team,
Apologies for not providing my postal address earlier. It is as follows:
School of Social and Political Science, University of Edinburgh
Chrystal Macmillan Building
15a George Square
EH8 9LD Edinburgh
Yours sincerely,
Kathrin Lauber
Dear Sir or Madam,
We hereby acknowledge the receipt of your request for access to documents
sent on 28/10/2022 and registered on 08/11/2022 under the case number
2022/6217.
We will handle your request within 15 working days as of the date of
registration. The time-limit expires on 29/11/2022. We will let you know
if we need to extend this time limit for additional 15 working days.
To find more information on how we process your personal data, please see
[1]the privacy statement.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
References
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1. https://ec.europa.eu/info/principles-and...
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 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 different services need to 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 20 December
2022.
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
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 have not been in
a position to complete the handling of your application within the 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
Hello,
We are writing concerning your request for access to Commission documents
registered on 8 November 2022 and split between SG under case ref.
2022/7265 and DG CNECT - case ref. 2022/6217.
DG CNECT will address you a consolidated reply and consequently we have to
close case ref. 2022/7265.
Kind regards,
Hello,
Please find attached a message concerning your request for access to
Commission documents registered under the above case number 2022/6217.
Please acknowledge the receipt of this message by return email.
Kind regards,
DG CONNECT Access to documents Team
Dear Access to Documents team,
I refer to your letter and enclosed documents, received via the AsktheEU portal, on 20 January 2023. Thank you for your assistance in gathering these documents in response to my request EASE 2022/6217. Whilst the documents returned partially fulfil my request, I am hereby submitting a confirmatory application for the handling of points 2, 3, 4 and 5.
I would be grateful if you could pass this on to the person responsible for reviewing confirmatory applications.
I submitted a request to DG SecGen on 28 October 2022, asking for:
“[…]
2. Any written comments on the AVMSD impact assessment from ISSG members sent to DG CNECT between November 2015 and May 2016. The minutes of the ISSG meetings in January, February and April indicate that written comments were submitted by DG GROW, DG SANTE and DG JUST, and that DG SECGEN was copied into the submission of these comments.
3. The comments on the revised impact assessment that were sent by DG SECGEN to ISSG members shortly after the meeting on 18 April 2016, as indicated in the minutes of this meeting.
4. Any written correspondence between DG CNECT and the RSB with regard to the 2016 AVMSD revision (excluding RSB opinions) between February and May 2016. We include here the correspondence –including the ‘quality checklist’ and initial recommendations –sent to DG CNECT by the RSB ahead of the Board meeting at which the original impact assessment (dated 22 February 2016) was discussed.
5. Any documents attached to the correspondence noted in point 4 (for example, technical comments). Where minutes were not created, or the information is not held by DG SECGEN, I would be grateful if this could be indicated.”
The original request was sent to DG SecGen. Various responses, extending the time limit, were communicated by DG SecGen and DG CNECT between October and December 2022. A message on 22 December 2022 (via the Ask the EU portal) noted that the request (case 2022/6217) had been split into two cases, between DG SecGen (2022/7265) and DG CNECT (2022/6217). The message further stated that DG CNECT would be providing a consolidated response and that, consequently, case 2022/7265 (with DG SecGen) would be closed.
However, the response sent by DG CNECT on 20 January 2023 states that the request was transferred, and that the documents returned were identified by DG CNECT. No mention of input or involvement of DG SecGen is included. Moreover, several of the missing or unavailable documents are those either sent by or two DG SecGen.
As such, could you please:
Confirm whether the response sent by DG CNECT on 20 January 2023 contains documents located by both DG CNECT and DG SecGen (I.e. the request was split and consolidated), or whether this is the result of searches by DG CNECT only (I.e. the request was transferred).
If the former, confirm that the documents relating to points 2, 3, 4 and 5 of our request are not currently held by either DG SecGen or DG CNECT. We note in our original application that various minutes refer to these documents being received or sent by DG SecGen.
If the latter, and relating to points 3, 4 and 5 of our original request:
On point 2, DG CNECT’s response notes that it does not hold written comments submitted by DG GROW and DG JUST. I would ask, since the existence of these comments is minuted in various ISSG meetings, that DG SecGen locate and return any documents relevant to this point.
On point 3, DG CNECT’s response notes that it does not hold such a document. I would ask, since the existence of these comments is minuted in the ISSG meeting of 18 April 2016, that DG SecGen locate and return any documents relevant to this point.
Similarly, on points 4 and 5, since DG CNECT has indicated that it does not hold any correspondence with the RSB about the revision of the AVMSD, within the dates indicated, I would ask that DG SecGen (as Secretariat for the RSB) locate and return any documents relevant to this point.
I appreciate that transferring the original request to DG CNECT may have been appropriate to some of the points made in the original request and thank DG SecGen for arranging this, but hope that DG SecGen might now be able to address the remaining points and provide the outstanding documents.
Yours faithfully,
Kathrin Lauber
Dear Sir or Madam,
We hereby acknowledge the receipt of your confirmatory request for case
2022/6217, sent on 26/01/2023 and registered on 26/01/2023.
We will handle your confirmatory request within 15 working days as of the
date of registration. The time-limit expires on 16/02/2023. We will let
you know if we need to extend this time limit for additional 15 working
days.
Yours faithfully,
Secretariat-General - Access to Documents
European Commission
Dear Ms Lauber,
We refer to your email of 26 January 2023, registered on the same day
under the reference number above, 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 (EC) No 1049/2001").
Your confirmatory application is currently being handled. Unfortunately,
we have not yet 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 which expires on 16 February 2023. 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
9 March 2023. However, we can assure you that we are doing our utmost to
provide you with a final reply within the next 15 working days.
We regret this additional delay and apologise for any inconvenience this
may cause.
Yours sincerely,
Access to Documents Team
European Commission
Secretariat-General
Unit C.1 (Transparency, Document Management and Access to Documents)
Dear Ms Lauber,
We refer to your email of 26 January 2023, registered on the same day
under the reference number above, 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 (EC) No 1049/2001").
We also refer to our holding reply of 16 February 2023, by which the time
limit for replying to your confirmatory application was extended by 15
working days, pursuant to Article 8(2) of Regulation (EC) No 1049/2001.
This extended time limit expires on 9 March 2023.
We regret to have to inform you that we are not able to respond within the
extended time limit, as we have not yet finalised internal consultations.
We can assure you that we are doing our utmost to provide you with a final
reply as soon as possible.
We regret this additional delay and apologise for any inconvenience this
may cause.
Yours sincerely,
Access to Documents Team
European Commission
Secretariat General
Unit C.1 (Transparency, Document Management and Access to Documents)
Dear Secretariat General of the European Commission,
I am writing to follow up on my confirmatory application for access-to-documents request 2022/6217, which was registered on 26/1/23. This request is now 37 working days over the statutory time limit and the original request was made more than six months ago. Could you please provide me with an update and confirm when I can expect to receive a response?
Yours faithfully,
Kathrin Lauber
Your message has been received by the Transparency Unit of the
Secretariat-General of the European Commission.
Requests for public access to documents are treated on the basis of
[1]Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents.
The Secretariat-General will reply to your request within 15 working days
upon registration of your request and will duly inform you of the
registration of the request (or of any additional information to be
provided in view of its registration and/or treatment).
L’unité «Transparence» du secrétariat général de la Commission européenne
a bien reçu votre message.
Les demandes d’accès du public aux documents sont traitées sur la base du
[2]règlement (CE) n° 1049/2001 du 30 mai 2001 relatif à l’accès du public
aux documents du Parlement européen, du Conseil et de la Commission.
Le secrétariat général répondra à votre demande dans un délai de 15 jours
ouvrables à compter de la date d’enregistrement de votre demande, et vous
informera de cet enregistrement (ou vous indiquera toute information
supplémentaire à fournir en vue de l'enregistrement et/ou du traitement de
votre demande).
Ihre Nachricht ist beim Referat „Transparenz“ des Generalsekretariats der
Europäischen Kommission eingegangen.
Anträge auf Zugang zu Dokumenten werden auf der Grundlage der
[3]Verordnung (EG) Nr. 1049/2001 vom 30. Mai 2001 über den Zugang der
Öffentlichkeit zu Dokumenten des Europäischen Parlaments, des Rates und
der Kommission behandelt.
Das Generalsekretariat beantwortet Ihre Anfrage innerhalb von
15 Arbeitstagen nach deren Registrierung und wird Sie über die
Registrierung Ihres Antrags (oder die Notwendigkeit weiterer Informationen
im Hinblick auf dessen Registrierung und/oder Bearbeitung) unterrichten.
References
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1. https://eur-lex.europa.eu/legal-content/...
2. https://eur-lex.europa.eu/legal-content/...
3. https://eur-lex.europa.eu/legal-content/...
[1]access to documents request - Documents relating to 2015-2018 AVMSD
revision (2022/5491 and 2022/6217) - Ares(2023)3433298 (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 Dr Lauber,
Thank you for your e-mail.
We understand your frustration and we would like to assure you that we are
working on the decision regarding both of your confirmatory applications
registered under reference numbers 2022/5491 and 2022/6217.
We would like to confirm that the internal consultations concerning the
identifications of the documents requested and the applicability of the
invoked exceptions to the withheld parts of the documents requested are
still fully ongoing. Therefore, we still cannot commit to a specific time
frame within when the decision will be adopted.
However, we would like to assure you that we are doing our utmost to
provide you with a reply as soon as possible.
Please accept our apologies for the inconvenience this delay may cause to
you and thank you for your understanding.
Kind regards,
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat-General
SG C.1 – Transparency, Document Management & Access to Documents - cr
[email address]
Dear SG ACCES DOCUMENTS,
Could you please update on the status of this confirmatory application (as well as application reference 2022/5491, if possible)? It has now been more than 5 and 7 months, respectively, since these were submitted.
Yours sincerely,
Kathrin Lauber
[1]access to documents request - Documents relating to 2015-2018 AVMSD
revision (2022/5491 and 2022/6217) - Ares(2023)3433298 -
Ares(2023)4793371 (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 Dr Lauber,
We acknowledge receipt of your email of 05/07/2023, in which you request
further details on the handling of your applications.
Please note that, while we are doing our best to handle your case within
the deadlines provided by the Regulation, delays are due to the very high
volume of requests currently reaching our services.
However, we would like to reassure you that we are doing our utmost to
provide you with a reply to your confirmatory applications registered
under reference numbers 2022/5491 and 2022/6217 as soon as possible.
We apologise again for the inconvenience this may cause.
Kind regards,
ACCESS TO DOCUMENTS TEAM
European Commission
Secretariat-General
SG C.1 – Transparency, Document Management & Access to Documents - cr
Dear Ms Kathrin Lauber,
Please find attached the electronic version of Commission Decision C(2023)
8804 as adopted by the European Commission on 07/12/2023.
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,
NADIA WADHWANIA
European Commission
Secretariat General – Unit B.2
Written, Empowerment & Delegation Procedures
BERL 05/140
B-1049 Brussels/Belgium
+32 229-65742
[1][email address]
[2][IMG][3][IMG]
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Dear Ms Wadhwania,
Many thanks for reviewing this confirmatory application regarding EASE 2022/6217, I hereby confirm that I have received the decision letter.
Yours sincerely,
Kathrin Lauber