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Industry /NGO lobbying on Chlorpyrifos and Chlorpyrifos-methyl with EFSA

We're waiting for Alexander Langkutsch to read recent responses and update the status.

Alexander Langkutsch

Dear EFSA,

Under the right of access to documents in the EU treaties, as developed in the access to documents Regulation 1049/2001 and Aarhus Regulation 1367/2006, we are requesting documents which contain the following information:

- Correspondence, including the contents of all emails, between EFSA officials and industry representatives working on the assessment or renewal of Chlorpyrifos and Chlorpyrifos-Methyl between the years 2013 and 2019.

- This includes (but is not limited to) correspondence between industry representatives or lobbyists and any officials or representatives of EFSA during this period that mentions or pertains to Chlorpyrifos during the year 2019.

- Please specifically include all correspondence between the following representatives and lobbyists of Corteva/Dow/DuPont and NGO´s of PAN Germany, PAN Europe, HEAL, ecolologistas en accion, Générations Futures and SumOfUs and EFSA officials or representatives, including (but not limited to) any which mention SCoPAFF between the years 2013 and 2019.

- Please also include all agendas or minutes of meetings or calls with these parties during the year 2019 that mentions or pertains to the assessment or renewal of Chlorpyrifos.

- The above requests also pertain to lobbyists representing the interests of mentioned parties on this issue.

Yours faithfully,

Alexander Langkutsch

Herrenhsaustraße 16
12487 Berlin
Germany

EFSA.public.access.to.documents, Europäische Behörde für Lebensmittelsicherheit

4 Attachments

Dear Mr Langkutsch,

 

I hereby acknowledge the receipt of your application for access to
documents of 26 April 2020, by means of which you requested access to
“documents which contain the following information:

 

- Correspondence, including the contents of all emails, between EFSA
officials and industry representatives working on the assessment or
renewal of Chlorpyrifos and Chlorpyrifos-Methyl between the years 2013 and
2019.

 

- This includes (but is not limited to) correspondence between industry
representatives or lobbyists and any officials or representatives of EFSA
during this period that mentions or pertains to Chlorpyrifos during the
year 2019.

 

- Please specifically include all correspondence between the following
representatives and lobbyists of Corteva/Dow/DuPont and NGO´s of PAN
Germany, PAN Europe, HEAL, ecolologistas en accion, Générations Futures
and SumOfUs and EFSA officials or representatives, including (but not
limited to) any which mention SCoPAFF between the years 2013 and 2019.

 

- Please also include all agendas or minutes of meetings or calls with
these parties during the year 2019 that mentions or pertains to the
assessment or renewal of Chlorpyrifos.

 

- The above requests also pertain to lobbyists representing the interests
of mentioned parties on this issue.”

 

Your application for access to documents has been registered by EFSA as
PAD 2020/050 on 27 April 2020 and is being processed as quickly as
possible in accordance with [1]Regulation (EC) No 1049/2001 regarding
public access to documents (hereinafter “the PAD Regulation”). We will
revert to you by 19 May 2020 at the latest.

 

We would like to inform you that the [2]AsktheEU.org website you have used
for submitting your request is a third-party platform, with no link to the
institutions, agencies and bodies of the EU, including EFSA. Consequently,
EFSA cannot be held liable for any errors of any kind occurring as a
result of the use of this platform. Likewise, we would ask you to provide
us with an alternative e-mail address to be used for the further
processing of your request.

 

Additionally, please note that the third party running the AsktheEU.org
website is responsible for the processing of your personal data by means
of this platform. For further information, including on the way the third
party addresses your rights in the light of applicable data protection
legislation, please refer to the third party’s privacy policy. From our
experience with the way the platform operates, we understand that the
content of public access to documents requesters correspondence with EFSA
is usually published on the platform, including any personal data which
may be contained therein (e.g. private postal addresses). Please contact
us directly should you not wish your correspondence with EFSA to be
published on the AsktheEU.org platform. In the event that such a
communication is received from you, EFSA will then redirect all future
electronic correspondence to your private e-mail address only.

 

Please also be aware that Article 16 of the PAD Regulation regarding
public access to documents provides that this legal framework is
applicable without prejudice to any existing rules on copyright which may
limit a third party's right to reproduce or exploit released documents.

 

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

[3]Description: cid:image001.jpg@01CF4F1E.E87FB350

 

Via Carlo Magno 1A

I-43126 Parma
Italy

Tel. +39 0521036264 
[4][email address] 
[5]www.efsa.europa.eu

[6]twitter.com/EFSA_EU [7]Twitter_logo_blue

[8]youtube.com/EFSAchannel [9]YouTube-logo-full_color

[10]linkedin.com/company/efsa [11]cid:image001.jpg@01D2CF04.BC744140

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

 

Zitate anzeigen

EFSA.public.access.to.documents, Europäische Behörde für Lebensmittelsicherheit

4 Attachments

Dear Mr Langkutsch,

 

Further to our e-mail of 27 April 2020, by means of which we acknowledged
receipt of your request for access to documents registered at EFSA as PAD
2020/050, we would like to reiterate that your request is being processed
as quickly as possible in accordance with the provisions of [1]Regulation
(EC) No 1049/2001 on public access to documents (hereinafter “the PAD
Regulation”).

 

However, we regret to inform you that due to the fact that EFSA is still
in the process of clarifying the confidential status of the requested
documents, we have to extend the deadline to reply to your request by 15
working days in accordance with Article 7(3) of the PAD Regulation. Please
accept our apologies for any inconvenience caused by this delay.

 

We will revert to you by 15 June 2020 at the latest.

 

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

[2]Description: cid:image001.jpg@01CF4F1E.E87FB350

 

Via Carlo Magno 1A

I-43126 Parma
Italy

[3][email address] 
[4]www.efsa.europa.eu

[5]twitter.com/EFSA_EU [6]Twitter_logo_blue

[7]youtube.com/EFSAchannel [8]YouTube-logo-full_color

[9]linkedin.com/company/efsa [10]cid:image001.jpg@01D2CF04.BC744140

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

 

________________________

Zitate anzeigen

EFSA.public.access.to.documents, Europäische Behörde für Lebensmittelsicherheit

Dear Mr Langkutsch,

In view of the disclosure of the documents scheduled today 15/06/2020, we would be grateful if you could send us an alternative individual email address to transmit the enclosures of the PAD 2020/050 as soon as you can.

Yours sincerely,

Mariama Mesnaoui
Public Access to documents Team
Legal and Assurance Services

Via Carlo Magno 1A
I-43126 Parma
Italy
Tel. +39 0521036264 
[email address] 
www.efsa.europa.eu
twitter.com/EFSA_EU
youtube.com/EFSAchannel
linkedin.com/company/efsa

This e-mail, including its attachments, is intended only for the use of the recipient(s) named above. Unless you are a named recipient (or authorized by a recipient), access to this e-mail message or any disclosure or copying of its content, or any action taken in reliance on it is unauthorized and may be unlawful.  If you are not the intended recipient, please let the sender know immediately.

Zitate anzeigen

EFSA.public.access.to.documents, Europäische Behörde für Lebensmittelsicherheit

 

Parma, 15 June 2020

Ref. DD/PU/NN/mm (2020) – out-23478898

 

Mr Alexander Langkutsch

E-mail: [1][FOI #7900 email]

Herrenhsaustraße 16

DE-12487 Berlin

Germany

 

 

 

Re:        Your request for public access to documents of 26 April 2020

           Our ref.: PAD 2020/050

 

 

Dear Mr Langkutsch,

 

I refer to your request of 26 April 2020, submitted via the website
“AskTheEU.org”, by means of which you requested access to “documents which
contain the following information:

 

- Correspondence, including the contents of all emails, between EFSA
officials and industry representatives working on the assessment or
renewal of Chlorpyrifos and Chlorpyrifos-Methyl between the years 2013 and
2019.

 

- This includes (but is not limited to) correspondence between industry
representatives or lobbyists and any officials or representatives of EFSA
during this period that mentions or pertains to Chlorpyrifos during the
year 2019.

 

- Please specifically include all correspondence between the following
representatives and lobbyists of Corteva/Dow/DuPont and NGO´s of PAN
Germany, PAN Europe, HEAL, ecolologistas en accion, Générations Futures
and SumOfUs and EFSA officials or representatives, including (but not
limited to) any which mention SCoPAFF between the years 2013 and 2019.

 

- Please also include all agendas or minutes of meetings or calls with
these parties during the year 2019 that mentions or pertains to the
assessment or renewal of Chlorpyrifos.

 

- The above requests also pertain to lobbyists representing the interests
of mentioned parties on this issue.”

 

EFSA understands that your interest lies in the scientific peer review
process on the two active substances referred to and you may rest assured
that your request is being processed as quickly as possible in accordance
with Regulation (EC) No 1049/2001 regarding public access to
documents[2][1] (hereinafter “the PAD Regulation”). In this regard, we are
pleased to provide you with a first batch of documents falling under point
one of your request.

As concerns the remaining elements of your request, EFSA will need more
time to finalise its assessment of the documents falling within the scope
of your request. As a result, in accordance with Article 6(3) of the PAD
Regulation, as a fair solution to your request, EFSA will reply to your
request in successive stages, along the finalisation of the assessment of
the accessibility of the requested documents. We will revert to you as
soon as possible, and by 6 July 2020 at the latest.

 

 1. Partial disclosure of all correspondence between EFSA officials and
industry representatives held by EFSA relevant to the assessment or
renewal of Chlorpyrifos during the year 2019

 

After having carried out the necessary consultations with the relevant
third-party document owners in application of Article 4(4) of the PAD
Regulation, we are pleased to provide you with partial access to all
correspondence of the calendar year of 2019 within EFSA’s possession which
is of relevance to the assessment or renewal of the active substance
Chlorpyrifos in accordance with Regulation (EC) No 1107/2009 concerning
the placing of plant protection products on the market[3][2].

 

Please kindly note that personal data[4]^[3] present in the documents
released to you (i.e. names, contact details and information allowing the
direct and/or indirect identification of data subjects) have been masked
in accordance with Article 4(1)(b) of the PAD Regulation. This provision
provides that EU bodies shall refuse access to a document where the
disclosure would undermine the protection of the “privacy and the
integrity of the individual, in particular in accordance with Community
legislation regarding the protection of personal data”. In accordance with
settled case-law of the CJEU[5]^[4], this exception to disclosure is to be
interpreted as a reference to Regulation (EC) No 45/2001 - now repealed by
Regulation (EU) 2018/1725[6]^[5] (hereinafter “the Data Protection
Regulation”) - which becomes applicable in its entirety.

 

As concerns the transmissions of personal data, Article 9(1)(b) of the
Data Protection Regulation provides that “personal data shall only be
transmitted to recipients established in the Union (…) if the recipient
establishes that it is necessary to have the data transmitted for a
specific purpose in the public interest”. In application of this
provision, further clarified in the case law of the CJEU[7]^[6], EFSA
shall determine whether there is any reason to assume that a transmission
of the personal data might prejudice the legitimate interests of the
concerned individuals and to balance the different interests at stake,
based on any express and legitimate justification and convincing arguments
you may be able to provide in order to demonstrate that it is necessary
for you to receive these data for a specific purpose in the public
interest within the meaning of the aforementioned provision. Hence, should
you be interested in receiving the personal data, EFSA invites you to
submit to us your arguments as to why you consider it necessary to receive
these data in accordance with Article 9(1)(b) of the Data Protection
Regulation.

 

We would be grateful if you could provide us with an alternative e-mail
address in order to transmit the documents to you. You may provide us with
this directly by writing to [8][email address].
We hope you will find the documents useful. I must remind you that all
persons reproducing, redistributing, exploiting or making commercial use
of this information are expected to adhere to the terms and conditions
asserted by any holder of copyright.

 

 

 2. Confirmatory application

To exercise your right to appeal this decision of partial disclosure by
means of a confirmatory application, you may write to EFSA at the address
below. You have fifteen working days from receipt of this letter to
appeal. Please note that you can also exercise your right to appeal
against this decision after your request for public access to documents
has been fully addressed, i.e. after the final reply on your pending
request has been sent to you. In case you submit a confirmatory
application, EFSA will inform you of the outcome of the re-examination of
your request within fifteen working days of receipt, either by granting
you access to the document or by confirming the refusal. In the latter
case, you will also be informed of any further appeal routes available.

 

Confirmatory applications must be sent to:

EFSA

Bernhard Url

Via Carlo Magno 1/A

IT – 43126 Parma

Italy

 

E-mail: [9][email address]

 

Yours sincerely,

 

Luisa Venier

EFSA Public Access to Documents team

Legal & Assurance Services / Business Services Department

 

 

Cc.:    M. Tiramani (EFSA)

 

Encl.:  13 documents containing communications from 2019 relevant to the
assessment or renewal of the active substance Chlorpyrifos

 

 

 

 

------------------------

------------------------

[10][[1]] [ ]    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, OJ L 145, 31.5.2001, P.
43-48, applicable to EFSA.

[11][2]     Regulation (EC) No 1107/2009 of the European Parliament and of
the Council of 21 October 2009 concerning the placing of plant protection
products on the market and repealing Council Directives 79/117/EEC and
91/414/EEC, OJ L 309, 24.11.2009, p. 1–50.

[12][3]    Please see the definition in Article 3(1) of Regulation (EU)
2018/1725: “‘personal data’ means any information relating to an
identified or identifiable natural person (‘data subject’); an
identifiable natural person is one who can be identified, directly or
indirectly, in particular by reference to an identifier such as a name, an
identification number, location data, an online identifier or to one or
more factors specific to the physical, physiological, genetic, mental,
economic, cultural or social identity of that natural person”.

[13][4]    Judgment of 29 June 2010, European Commission v The Bavarian
Lager Co. Ltd., Case C-28/08 P, EU:C:2010:378, paragraph 63; Judgement of
2 October 2014, Strack v Commission, Case C-127/13 P, EU:C:2014:2250,
paragraph 70.

[14][5]    Regulation (EU) 2018/1725 of the European Parliament and of the
Council of 23 October 2018 on the protection of natural persons with
regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and
repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ
21.11.2018, L 295/39.

[15][6]    Judgment of 29 June 2010, European Commission v The Bavarian
Lager Co. Ltd., Case C-28/08 P, EU:C:2010:378, paragraph 77 and 78;
Judgement of 2 October 2014, Strack v Commission, Case C-127/13 P,
EU:C:2014:2250, paragraph 106 and 107.

References

Visible links
1. mailto:[FOI #7900 email]
2. file:///tmp/foiextract20200615-12758-gbo74h#_ftn1
3. file:///tmp/foiextract20200615-12758-gbo74h#_ftn2
4. file:///tmp/foiextract20200615-12758-gbo74h#_ftn3
5. file:///tmp/foiextract20200615-12758-gbo74h#_ftn4
6. file:///tmp/foiextract20200615-12758-gbo74h#_ftn5
7. file:///tmp/foiextract20200615-12758-gbo74h#_ftn6
8. mailto:[email address]
9. mailto:[email address]
10. file:///tmp/foiextract20200615-12758-gbo74h#_ftnref1
11. file:///tmp/foiextract20200615-12758-gbo74h#_ftnref2
12. file:///tmp/foiextract20200615-12758-gbo74h#_ftnref3
13. file:///tmp/foiextract20200615-12758-gbo74h#_ftnref4
14. file:///tmp/foiextract20200615-12758-gbo74h#_ftnref5
15. file:///tmp/foiextract20200615-12758-gbo74h#_ftnref6

EFSA.public.access.to.documents, Europäische Behörde für Lebensmittelsicherheit

Parma, 6 July 2020

Ref. DD/PU/NN/mm (2020) – out-23538463

 

Mr Alexander Langkutsch

Herrenhsaustraße, 16

DE-12487 Berlin

Germany

 

E-mail: [1][FOI #7900 email]

 

 

Re:       Your request for public access to documents of 26 April 2020

           Our ref.: PAD 2020/050

 

 

Dear Mr Langkutsch,

 

I refer to your request of 26 April 2020, submitted via the website
“AskTheEU.org”, by means of which you requested access to “documents which
contain the following information:

 

- Correspondence, including the contents of all emails, between EFSA
officials and industry representatives working on the assessment or
renewal of Chlorpyrifos and Chlorpyrifos-Methyl between the years 2013 and
2019.

 

- This includes (but is not limited to) correspondence between industry
representatives or lobbyists and any officials or representatives of EFSA
during this period that mentions or pertains to Chlorpyrifos during the
year 2019.

 

- Please specifically include all correspondence between the following
representatives and lobbyists of Corteva/Dow/DuPont and NGO´s of PAN
Germany, PAN Europe, HEAL, ecolologistas en accion, Générations Futures
and SumOfUs and EFSA officials or representatives, including (but not
limited to) any which mention SCoPAFF between the years 2013 and 2019.

 

- Please also include all agendas or minutes of meetings or calls with
these parties during the year 2019 that mentions or pertains to the
assessment or renewal of Chlorpyrifos.

 

- The above requests also pertain to lobbyists representing the interests
of mentioned parties on this issue.”

 

You may rest assured that your request is being processed as quickly as
possible in accordance with Regulation (EC) No 1049/2001 regarding public
access to documents[2][1] (hereinafter “the PAD Regulation”). In this
regard, we are pleased to provide you with a second batch of documents
falling under point one of your request.

As concerns the remaining elements of your request, EFSA will need more
time to finalise its assessment of the documents falling within the scope
of your request. As a result, in accordance with Article 6(3) of the PAD
Regulation, as a fair solution to your request, EFSA will reply to your
request in successive stages, along the finalisation of the assessment of
the accessibility of the requested documents. We will revert to you as
soon as possible, and by 27 July 2020 at the latest.

 

 1. Partial disclosure of correspondence between EFSA officials and
industry representatives held by EFSA relevant to the assessment or
renewal of Chlorpyrifos-Methyl during the year 2019

 

After having carried out the necessary consultations with the relevant
third-party document owners in application of Article 4(4) of the PAD
Regulation, we are pleased to provide you with partial access to
correspondence of the calendar year of 2019 within EFSA’s possession which
is of relevance to the assessment or renewal of the active substance
Chlorpyrifos - Methyl in accordance with Regulation (EC) No 1107/2009
concerning the placing of plant protection products on the market[3][2].

 

Please kindly note that personal data[4]^[3] present in the documents
released to you (i.e. names, contact details and information allowing the
direct and/or indirect identification of data subjects) have been masked
in accordance with Article 4(1)(b) of the PAD Regulation. This provision
provides that EU bodies shall refuse access to a document where the
disclosure would undermine the protection of the “privacy and the
integrity of the individual, in particular in accordance with Community
legislation regarding the protection of personal data”. In accordance with
settled case-law of the CJEU[5]^[4], this exception to disclosure is to be
interpreted as a reference to Regulation (EC) No 45/2001 - now repealed by
Regulation (EU) 2018/1725[6]^[5] (hereinafter “the Data Protection
Regulation”) - which becomes applicable in its entirety.

 

As concerns the transmissions of personal data, Article 9(1)(b) of the
Data Protection Regulation provides that “personal data shall only be
transmitted to recipients established in the Union (…) if the recipient
establishes that it is necessary to have the data transmitted for a
specific purpose in the public interest”. In application of this
provision, further clarified in the case law of the CJEU[7]^[6], EFSA
shall determine whether there is any reason to assume that a transmission
of the personal data might prejudice the legitimate interests of the
concerned individuals and to balance the different interests at stake,
based on any express and legitimate justification and convincing arguments
you may be able to provide in order to demonstrate that it is necessary
for you to receive these data for a specific purpose in the public
interest within the meaning of the aforementioned provision. Hence, should
you be interested in receiving the personal data, EFSA invites you to
submit to us your arguments as to why you consider it necessary to receive
these data in accordance with Article 9(1)(b) of the Data Protection
Regulation.

 

We would be grateful if you could provide us with  an alternative e-mail
address in order to transmit the documents to you. You may provide us with
this directly by writing to [8][email address].
We hope you will find the documents useful. I must remind you that all
persons reproducing, redistributing, exploiting or making commercial use
of this information are expected to adhere to the terms and conditions
asserted by any holder of copyright.

 

 

 2. Confirmatory application

To exercise your right to appeal this decision of partial disclosure by
means of a confirmatory application, you may write to EFSA at the address
below. You have fifteen working days from receipt of this letter to
appeal. Please note that you can also exercise your right to appeal
against this decision after your request for public access to documents
has been fully addressed, i.e. after the final reply on your pending
request has been sent to you. In case you submit a confirmatory
application, EFSA will inform you of the outcome of the re-examination of
your request within fifteen working days of receipt, either by granting
you access to the document or by confirming the refusal. In the latter
case, you will also be informed of any further appeal routes available.

 

Confirmatory applications must be sent to:

EFSA

Bernhard Url

Via Carlo Magno 1/A

IT – 43126 Parma

Italy

 

E-mail: [9][email address]

 

Yours sincerely,

 

 

Luisa Venier

EFSA Public Access to Documents team

Legal & Assurance Services / Business Services Department

 

 

 

Cc.:    Manuela Tiramani (EFSA)

 

Encl.:  6 documents containing communications from 2019 relevant to the
assessment or renewal of the active substance Chlorpyrifos - Methyl

 

------------------------

------------------------

[10][[1]] [ ]    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, OJ L 145, 31.5.2001, P.
43-48, applicable to EFSA.

[11][2]     Regulation (EC) No 1107/2009 of the European Parliament and of
the Council of 21 October 2009 concerning the placing of plant protection
products on the market and repealing Council Directives 79/117/EEC and
91/414/EEC, OJ L 309, 24.11.2009, p. 1–50.

[12][3]    Please see the definition in Article 3(1) of Regulation (EU)
2018/1725: “‘personal data’ means any information relating to an
identified or identifiable natural person (‘data subject’); an
identifiable natural person is one who can be identified, directly or
indirectly, in particular by reference to an identifier such as a name, an
identification number, location data, an online identifier or to one or
more factors specific to the physical, physiological, genetic, mental,
economic, cultural or social identity of that natural person”.

[13][4]    Judgment of 29 June 2010, European Commission v The Bavarian
Lager Co. Ltd., Case C-28/08 P, EU:C:2010:378, paragraph 63; Judgement of
2 October 2014, Strack v Commission, Case C-127/13 P, EU:C:2014:2250,
paragraph 70.

[14][5]    Regulation (EU) 2018/1725 of the European Parliament and of the
Council of 23 October 2018 on the protection of natural persons with
regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and
repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ
21.11.2018, L 295/39.

[15][6]    Judgment of 29 June 2010, European Commission v The Bavarian
Lager Co. Ltd., Case C-28/08 P, EU:C:2010:378, paragraph 77 and 78;
Judgement of 2 October 2014, Strack v Commission, Case C-127/13 P,
EU:C:2014:2250, paragraph 106 and 107.

References

Visible links
1. mailto:[FOI #7900 email]
2. file:///tmp/foiextract20200706-21243-1fg1oxh#_ftn1
3. file:///tmp/foiextract20200706-21243-1fg1oxh#_ftn2
4. file:///tmp/foiextract20200706-21243-1fg1oxh#_ftn3
5. file:///tmp/foiextract20200706-21243-1fg1oxh#_ftn4
6. file:///tmp/foiextract20200706-21243-1fg1oxh#_ftn5
7. file:///tmp/foiextract20200706-21243-1fg1oxh#_ftn6
8. mailto:[email address]
9. mailto:[email address]
10. file:///tmp/foiextract20200706-21243-1fg1oxh#_ftnref1
11. file:///tmp/foiextract20200706-21243-1fg1oxh#_ftnref2
12. file:///tmp/foiextract20200706-21243-1fg1oxh#_ftnref3
13. file:///tmp/foiextract20200706-21243-1fg1oxh#_ftnref4
14. file:///tmp/foiextract20200706-21243-1fg1oxh#_ftnref5
15. file:///tmp/foiextract20200706-21243-1fg1oxh#_ftnref6

EFSA.public.access.to.documents, Europäische Behörde für Lebensmittelsicherheit

Parma, 27 July 2020

Ref. DD/PU/NN/mm (2020) – out-23634450

 

Mr Alexander Langkutsch

Herrenhsaustraße, 16

DE-12487 Berlin

Germany

 

E-mail: [1][FOI #7900 email]

 

 

Re:     Your request for public access to documents of 26 April 2020

Our ref.: PAD 2020/050

 

 

Dear Mr Langkutsch,

 

I refer to your request of 26 April 2020, submitted via the website
“AskTheEU.org”, by means of which you requested access to “documents which
contain the following information:

o Correspondence, including the contents of all emails, between EFSA
officials and industry representatives working on the assessment or
renewal of Chlorpyrifos and Chlorpyrifos-Methyl between the years 2013
and 2019.

 

o This includes (but is not limited to) correspondence between industry
representatives or lobbyists and any officials or representatives of
EFSA during this period that mentions or pertains to Chlorpyrifos
during the year 2019.

 

o Please specifically include all correspondence between the following
representatives and lobbyists of Corteva/Dow/DuPont and NGO´s of PAN
Germany, PAN Europe, HEAL, ecolologistas en accion, Générations
Futures and SumOfUs and EFSA officials or representatives, including
(but not limited to) any which mention SCoPAFF between the years 2013
and 2019.

 

o Please also include all agendas or minutes of meetings or calls with
these parties during the year 2019 that mentions or pertains to the
assessment or renewal of Chlorpyrifos.

 

o The above requests also pertain to lobbyists representing the
interests of mentioned parties on this issue.”

 

You may rest assured that your request is being processed as quickly as
possible in accordance with [2]Regulation (EC) No 1049/2001 regarding
public access to documents (hereinafter “the PAD Regulation”). In this
regard, we are pleased to provide you with a third batch of documents
falling under point three of your request, which complements the previous
two disclosure letters sent to you on 15 June 2020 and 6 July 2020.

 

As concerns the remaining elements of your request, EFSA will need more
time to finalise its assessment of the documents falling within the scope
of your request. As a result, in accordance with Article 6(3) of the PAD
Regulation, as a fair solution to your request, EFSA will reply to your
request in successive stages, along the finalisation of the assessment of
the accessibility of the requested documents. We will revert to you as
soon as possible, and by 17 August 2020 at the latest.

 

 1. Partial disclosure of correspondence between EFSA officials and
representatives of  PAN Europe and HEAL relevant to the assessment or
renewal of Chlorpyrifos during the years 2017 – 2019.

 

After having carried out the necessary consultations with the relevant
third-party document owners in application of Article 4(4) of the PAD
Regulation, we are pleased to provide you with partial access to
correspondence of the calendar years of 2017 to 2019 within EFSA’s
possession which is of relevance to the assessment or renewal of the
active substance Chlorpyrifos in accordance with [3]Regulation (EC) No
1107/2009 concerning the placing of plant protection products on the
market.

 

Please kindly note that personal data present in the documents released to
you (i.e. names, contact details and information allowing the direct
and/or indirect identification of data subjects) have been masked in
accordance with Article 4(1)(b) of the PAD Regulation. This provision
provides that EU bodies shall refuse access to a document where the
disclosure would undermine the protection of the “privacy and the
integrity of the individual, in particular in accordance with Community
legislation regarding the protection of personal data”. In accordance with
settled case-law of the Court of Justice of the European Union
(CJEU)[4][1], this exception to disclosure is to be interpreted as a
reference to Regulation (EC) No 45/2001 - now repealed by [5]Regulation
(EU) 2018/1725 (hereinafter “the Data Protection Regulation”) - which
becomes applicable in its entirety.

 

As concerns the transmissions of personal data, Article 9(1)(b) of the
Data Protection Regulation provides that “personal data shall only be
transmitted to recipients established in the Union (…) if the recipient
establishes that it is necessary to have the data transmitted for a
specific purpose in the public interest”. In application of this
provision, further clarified in the case law of the CJEU[6][2], EFSA shall
determine whether there is any reason to assume that a transmission of the
personal data might prejudice the legitimate interests of the concerned
individuals and to balance the different interests at stake, based on any
express and legitimate justification and convincing arguments you may be
able to provide in order to demonstrate that it is necessary for you to
receive these data for a specific purpose in the public interest within
the meaning of the aforementioned provision. Hence, should you be
interested in receiving the personal data, EFSA invites you to submit to
us your arguments as to why you consider it necessary to receive these
data in accordance with Article 9(1)(b) of the Data Protection Regulation.

 

We would be grateful if you could provide us with an alternative e-mail
address in order to transmit the documents to you. You may provide us with
this directly by writing to [7][email address].
We hope you will find the documents useful. I must remind you that all
persons reproducing, redistributing, exploiting or making commercial use
of this information are expected to adhere to the terms and conditions
asserted by any holder of copyright.

 

 

 2. Confirmatory application

 

To exercise your right to appeal this decision of partial disclosure by
means of a confirmatory application, you may write to EFSA at the address
below. You have fifteen working days from receipt of this letter to
appeal. Please note that you can also exercise your right to submit a
confirmatory application against this decision after your request for
public access to documents has been fully addressed, i.e. after the final
reply on your pending request has been sent to you. In case you submit a
confirmatory application, EFSA will inform you of the outcome of the
re-examination of your request within fifteen working days of receipt,
either by granting you access to the document or by notifying a reasoned
decision on the confirmatory application confirming the refusal. In the
latter case, you will also be informed of any further appeal routes
available.

 

Confirmatory applications must be sent to:

EFSA

Bernhard Url

Via Carlo Magno 1/A

IT – 43126 Parma

Italy

 

E-mail: [8][email address]

 

Yours sincerely,

 

 

Simone Gabbi

EFSA Public Access to Documents team

Legal & Assurance Services / Business Services Department

 

Cc.:    M. Tiramani (EFSA)

 

Encl.:  8 documents containing communications from 2017 - 2019 relevant to
the assessment or renewal of the active substance Chlorpyrifos

 

 

 

------------------------

------------------------

[9][1]     Judgment of 29 June 2010, European Commission v The Bavarian
Lager Co. Ltd., Case C-28/08 P, EU:C:2010:378, paragraph 63; Judgement of
2 October 2014, Strack v Commission, Case C-127/13 P, EU:C:2014:2250,
paragraph 70.

[10][2]     Judgment of 29 June 2010, European Commission v The Bavarian
Lager Co. Ltd., Case C-28/08 P, EU:C:2010:378, paragraph 77 and 78;
Judgement of 2 October 2014, Strack v Commission, Case C-127/13 P,
EU:C:2014:2250, paragraph 106 and 107.

References

Visible links
1. mailto:[FOI #7900 email]
2. https://eur03.safelinks.protection.outlo...
3. https://eur03.safelinks.protection.outlo...
4. file:///tmp/foiextract20200727-16275-nds5jf#_ftn1
5. https://eur03.safelinks.protection.outlo...
6. file:///tmp/foiextract20200727-16275-nds5jf#_ftn2
7. mailto:[email address]
8. mailto:[email address]
9. file:///tmp/foiextract20200727-16275-nds5jf#_ftnref1
10. file:///tmp/foiextract20200727-16275-nds5jf#_ftnref2

EFSA.public.access.to.documents, Europäische Behörde für Lebensmittelsicherheit

Parma, 17 August 2020

Ref. DD/PU/mm (2020) – out-23703990

 

Mr Alexander Langkutsch

Herrenhsaustraße, 16

DE-12487 Berlin

Germany

 

E-mail: [1][FOI #7900 email]

 

 

Re:     Your request for public access to documents of 26 April 2020

Our ref.: PAD 2020/050

 

 

Dear Mr Langkutsch,

 

I refer to your request of 26 April 2020, submitted via the website
“AskTheEU.org”, by means of which you requested access to “documents which
contain the following information:

o Correspondence, including the contents of all emails, between EFSA
officials and industry representatives working on the assessment or
renewal of Chlorpyrifos and Chlorpyrifos-Methyl between the years 2013
and 2019.

 

o This includes (but is not limited to) correspondence between industry
representatives or lobbyists and any officials or representatives of
EFSA during this period that mentions or pertains to Chlorpyrifos
during the year 2019.

 

o Please specifically include all correspondence between the following
representatives and lobbyists of Corteva/Dow/DuPont and NGO´s of PAN
Germany, PAN Europe, HEAL, ecolologistas en accion, Générations
Futures and SumOfUs and EFSA officials or representatives, including
(but not limited to) any which mention SCoPAFF between the years 2013
and 2019.

 

o Please also include all agendas or minutes of meetings or calls with
these parties during the year 2019 that mentions or pertains to the
assessment or renewal of Chlorpyrifos.

 

o The above requests also pertain to lobbyists representing the
interests of mentioned parties on this issue.”

 

Please rest assured that your request is being processed as quickly as
possible in accordance with the provisions of [2]Regulation (EC) No
1049/2001 regarding public access to documents (hereinafter “the PAD
Regulation”). However, following the disclosure letter sent to you on 27
July 2020, complementing the previous two disclosure letters sent to you
on 6 July 2020 and 15 June 2020 respectively, EFSA will need more time to
finalise its assessment of the remaining documents falling within the
scope of your request.

 

In this respect, please consider that we are still gathering all the
relevant elements relating to the next phase of the processing of your
request, which involves carrying out the necessary internal verifications
in order to enable us to be in a position to continue replying to your
request in successive stages, along the finalisation of the assessment of
the accessibility of the requested documents.

 

We trust that we may count on your understanding in view of the large
number of documents EFSA is processing under the PAD Regulation, which
also coincides with the reduced availability of resources during the
summer period and the unconventional remote working situation linked to
COVID-19.

 

In light of the above, in accordance with Article 6(3) of the PAD
Regulation, as a fair solution to your request, we will continue replying
to your request in successive stages, along the finalisation of the
assessment of the accessibility of the requested documents. Concretely, we
will revert to you as soon as possible, and by 7 September 2020 at the
latest. Please accept our apologies for any inconvenience caused by this
delay.

 

Yours sincerely,

 

 

Luisa Venier

EFSA Public Access to Documents team

Legal & Assurance Services / Business Services Department

 

Cc.:    M. Tiramani (EFSA)

 

 

References

Visible links
1. mailto:[FOI #7900 email]
2. https://eur03.safelinks.protection.outlo...

EFSA.public.access.to.documents, Europäische Behörde für Lebensmittelsicherheit

Dear Mr Langkutsch,

 

Further to our reply of 17 August 2020, we would like to reiterate that on
15 June 2020, you received a first disclosure letter in response to your
request for public access to documents registered by EFSA as PAD 2020/050,
which was subsequently complemented by two further disclosure letters of 6
July 2020 and 27 July 2020 respectively.

 

However, as indicated in our previous communication to you, the documents
to be provided to you need to be sent via an alternative e-mail address,
considering that the [1]AsktheEU.org website you have used for submitting
your request is a third-party platform, with no link to the institutions,
agencies and bodies of the EU, including EFSA. Additionally, from our
experience on how this platform operates, we understand that the content
of public access to documents requester’s correspondence with EFSA is
usually published on the platform, including any personal data and
attachments which may be contained therein. Therefore, it is not feasible
for EFSA to attach the documents intended to be disclosed in enclosure to
the previous correspondence.  

 

Accordingly, we would be grateful if you could provide us with your postal
address and telephone number at your earliest convenience to allow us to
further process your request should you still be interested, by means of
replying to the following e-mail address:
[2][email address].

 

Yours sincerely,

 

Luisa Venier

EFSA public access to documents Team

Legal and Assurance Services Unit

 

References

Visible links
1. https://eur03.safelinks.protection.outlo...
2. mailto:[email address]

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