Ref. Ares(2022)5243779 - 19/07/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY
The Director General
Brussels,
SANTE/E4/VF/gb(2022)5577078
Ms Barbara Berardi,
c/o POLLINIS
10, Rue Saint Marc
75002 Paris
France
Only by email with acknowledgment
of receipt only:
ask+request-11378-
xxxxxxxx@xxxxxxxx.xxx
Dear Ms Berardi,
Subject:
Your application for access to documents – Ref GestDem No 2022/3212
We refer to your email dated 2 June 2022 in which you make a request for access to
documents on the basis of Regulation (EC) No 1049/20011 (or ‘the Regulation’), registered
on the same day under the above-mentioned reference number.
We also refer to our email of 24 June 2022 extending the time limit to respond to your
request according to Article 7(3) of Regulation (EC) No 1049/2001.
1. Scope of your request
In your request, you asked access to:
“…
(i) All documents and information, including communications, email correspondence,
briefings, reports, agendas and minutes of meetings, regarding BASF’s application for
renewal of the approval of Boscalid, issued by and/or exchanged within and/or between the
Standing Committee on Plants, Animals, Food and Feed, BASF SE (or other concerned
stakeholders), the European Commission, the EFSA, the rapporteur Member State
(Slovakia), the co-rapporteur Member State (France) and/or other Member States.
(ii) Any other information or document relating to the renewal process of the active
substance Boscalid”.
2. Assessment of the documents
We have identified 17 documents falling under the scope of your request.
You will find attached a table listing the identified documents and summarising the
outcome of the assessment carried out on the basis of Regulation (EC) No 1049/2001.
1 Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission
documents (OJ L 145, 31.5.2001, p. 43).
Having examined all the documents under the provisions of Regulation (EC) No
1049/2001 and considered the opinion of the relevant third parties, we have come to the
conclusion that:
partial access can be granted to documents No 01 and 04 to 06, as their full
disclosure is prevented by one of the exceptions to the right of access laid down in
Article 4 of Regulation (EC) No 1049/2001;
documents No 02 and 03 have been found as out of the scope of the request;
documents No 07 to 17 are publicly available on the Europa websites and can be
accessed through the following links:
- Document 07:
https://www.europarl.europa.eu/doceo/document/E-8-2018-006368_EN.html
- Document 08:
https://ec.europa.eu/food/system/files/2018-08/sc_phyto_20180524_ppl_sum.pdf
- Document 09:
https://ec.europa.eu/transparency/comitology-
register/screen/documents/057021/1/consult?lang=en
- Document 10:
https://ec.europa.eu/food/system/files/2019-05/sc_phyto_20190415_ppl_sum.pdf
- Document 11:
https://ec.europa.eu/transparency/comitology-
register/screen/documents/061354/3/consult?lang=en
- Document 12:
https://ec.europa.eu/food/system/files/2020-07/sc_phyto_20200518_ppl_sum.pdf
- Document 13:
https://ec.europa.eu/transparency/comitology-
register/screen/documents/067115/1/consult?lang=en
- Document 14:
https://ec.europa.eu/food/system/files/2021-05/sc_phyto_20210324_ppl_sum.pdf
- Document 15:
https://ec.europa.eu/transparency/comitology-
register/screen/documents/072405/2/consult?lang=en
- Document 16:
https://ec.europa.eu/food/system/files/2022-
03/sc_phyto_20220330_ppl_agenda.pdf
- Document 17:
https://ec.europa.eu/transparency/comitology-
register/screen/documents/080345/1/consult?lang=en
The documents that can be fully or partially released and the list of documents containing
the result of the assessment carried out on their content on the basis of Regulation (EC) No
1049/2001 are published on the following Commission webpage:
https://webgate.ec.europa.eu/dyna/extdoc
You can view these documents by entering the GestDem reference of your request
("2022/3212") in the search box at the top of the page.
Alternatively, you can click on "view documents per request" and search on the left column
for the GestDem reference of your request ("2022/3212").
You may reuse public documents, which have been produced by the European Commission
or by public and private entities on its behalf based on the
Commission Decision on the
reuse of Commission documents. You may reuse the documents disclosed free of charge
and for non-commercial and commercial purposes provided that the source is
acknowledged and that you do not distort the original meaning or message of the
documents. Please note that the Commission does not assume liability stemming from the
reuse.
3. Protection of personal data
Protection of the privacy and integrity of the individual, in particular in accordance with
Community legislation regarding the protection of personal data - Article 4(1)(b) of
Regulation (EC) No 1049/2001
With regard to documents numbered 01 and 04 to 06, a complete disclosure is prevented by
the exception concerning the protection of privacy and the integrity of the individual
outlined in Article 4(1)(b) of Regulation (EC) No 1049/2001, because they contain the
following personal data:
-
the names/initials and contact information of Commission staff members not
pertaining to the senior management;
-
the names/initials and contact information of Member States’ representatives;
-
the names/initials and contact details of other natural persons.
Article 9(1)(b) of the Data Protection Regulation2 does not allow the transmission of these
personal data, except if you prove that it is necessary to have the data transmitted to you for
a specific purpose in the public interest and where there is no reason to assume that the
legitimate interests of the data subject might be prejudiced. In your request, you do not
express any particular interest to have access to these personal data nor do you put forward
any arguments to establish the necessity to have the data transmitted for a specific purpose
in the public interest.
Consequently, we conclude that, pursuant to Article 4(1)(b) of Regulation (EC) No
1049/2001, access cannot be granted to the personal data contained in the requested
documents, as the need to obtain access thereto for a purpose in the public interest has not
been substantiated and there is no reason to think that the legitimate interests of the
individuals concerned would not be prejudiced by disclosure of the personal data
concerned.
Therefore the above-listed documents are disclosed redacted of the parts containing
personal data.
4. Means of redress
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position.
2 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 L 295, 21.11.2018, p. 39.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretary-General of the Commission at the following address:
European Commission
Secretariat-General
Unit C.1. ‘Transparency, Document Management and Access to Documents’
BERL 7/076
B-1049 Bruxelles,
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx
5. Acknowledgment of receipt
According to the standard operational procedure, the reply is sent by e-mail only. We
would therefore appreciate if you could explicitly
confirm receipt of the e-mail
within 5
working days by replying
to xxxxxxxxxxxxxxxx@xx.xxxxxx.xx.
Yours sincerely,
Sandra GALLINA
Electronically signed on 19/07/2022 08:58 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121
