By EDRi

This article is also available in:
Deutsch: [Noch immer kein Zugang zu ACTA-Dokumenten | https://www.unwatched.org/EDRigram_11.12_Noch_immer_kein_Zugang_zu_ACTA-Dokumenten?pk_campaign=edri&pk_kwd=20130619]

Today, 19 June 2013, the European Commission answered within the time
limit it had set for itself to answer to DFRI’s requests for ACTA
documents. On 29 May 2013 the Commission extended the time limit with 15
working days arguing the “new time limit” was statutory under Article
7(3) of Regulation (EC) No 1049/2001. The Commission explained it had to
extend the period by 15 working days because its reply to DFRI was
“circulating for signature by the hierarchy” and that “circulating for
signature by the hierarchy” is an “exceptional case” under the same article.

The answer EDRi member DFRI received today was not signed by anyone but
the sender of the email. Neither did it contain any ACTA documents.

The Commission argues that: “The question of the Court to the
Commission, being a procedural document, does not fall within the scope
of Regulation 1049/2001 as Article 15(3) of the Treaty on the
Functioning of the European Union (TFUE) specifies that the Court is
only subject to obligations on Transparency when exercising their
administrative tasks. This has as consequence that the document itself
can’t be disclosed by the Commission.”

Email from European Commission refusing disclosure of ACTA documents
(19.06.2013)
https://www.dfri.se/wiki/ep-acta-docs/EC-response-2013-06-19.txt

Email from European Commission extending deadline (29.05.2013)
https://www.dfri.se/wiki/ep-acta-docs/EC-extending-deadline-2013-05-29.txt

All ACTA documents @ DFRI website
https://www.dfri.se/wiki/ep-acta-docs/

(Contribution by EDRi member DFRI – Sweden)