Ref. Ares(2021)7241433 - 24/11/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR COMMUNICATIONS NETWORKS, CONTENT AND
TECHNOLOGY
The Director- General
Brussels,
CONNECT/R4
Mr Alexander Fanta
Schönhauser Allee 6-7
10119 Berlin
Germany
Advance copy via e-mail:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT
Subject: Your application for access to documents – GestDem 2021/6136
Dear Mr Fanta,
We refer to your email dated 14 October 2021 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 (hereinafter ‘Regulation 1049/2001’), registered on 14 October 2021
under the abovementioned reference number. We also refer to our email, dated 8 November
2021, our reference Ares(2021)6851681, whereby we informed you that the time limit for
handling your application was extended by 15 working days pursuant to Article 7(3) of
Regulation 1049/2001.
1.
SCOPE OF THE APPLICATION
In your application you requested access to the following document:
“The most recent draft list of gatekeepers that the European Commission has prepared
according to Article 4 (3) of the Digital Markets Act. The existence of such a draft list has
been confirmed by Commission officials in technical meetings with the EP rapporteurs.”
2.
DOCUMENTS FALLING WITHIN THE SCOPE OF THE REQUEST AND ASSESSMENT
We would like to inform you that the DG CONNECT does not hold a list corresponding to the
description given in your application.
Commission européenne/Europese Commissie, 1049 Brussels, BELGIQUE/BELGI-Tel. + 32 22991111
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
Please note in this regard that Article 4(3) of the Digital Markets Act is not in force yet.
The future list will have to be drawn up based on official data sources once the Regulation is in
force and the powers to request data from private companies are in place. As the Regulation is
not in force yet no draft list pursuant to this provision is available.
In accordance with Article 2(3) of Regulation (EC) No 1049/2001 the right of access provided
for in that Regulation applies only to existing documents held by the institutions.
Given that no such documents, corresponding to the description given in your application, are
held by the DG CONNECT, DG CONNECT is not in a position to fulfil your request.
Furthermore, the exception provided for in Article 4(3) first subparagraph of Regulation
1049/2001 will apply to preparatory works. Pursuant to this Article, ‘
[a]ccess to a document,
drawn up by an institution for internal use or received by the an institution, which relates to a
matter where the decision has not been taken by the institution, shall be refused if disclosure of
the document would seriously undermine the institution’s decision-making process, unless there
is an overriding public interest in disclosure.’
Preparatory works concerning the setting up of a draft gatekeepers list will be covered by the
abovementioned exception as they contain information with regard to ongoing policy initiatives
relating to the Digital Markets Act. Such works could only be based on incomplete and
inaccurate information, as the means to obtain the data under the DMA are not yet in force.
There is therefore a real and non – hypothetical risk that disclosure of any preparatory works
would negatively affect and seriously undermine the relevant ongoing decision-making process.
3.
CONFIRMATORY APPLICATION
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a
confirmatory application requesting the Commission to review this position.
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:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
or by email t
o: xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
Electronically signed
Roberto Viola
Commission européenne/Europese Commissie, 1049 Brussels, BELGIQUE/BELGI-Tel. + 32 22991111
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
Electronically signed on 24/11/2021 16:09 (UTC+01) in accordance with article 11 of Commission Decision C(2020) 4482
Document Outline
