Ref. Ares(2020)5223066 - 05/10/2020
DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY
Food and feed safety, innovation
Pesticides and biocides
SANTE/E4/JT/df (2020) 5895518
Mr Vincent Harmsen
7326 AH Apeldoorn
The Netherlands By email only:
Dear M Harmsen,
Your application for access to documents – Ref GestDem No 2020/5387
We refer to your email dated 11 September 2020 in which you make a request for access to
documents on the basis of Regulation (EC) No 1049/20011, registered on 14 September
2020 under the above-mentioned reference number.
1. Scope of your request
You request, on the basis of Regulation (EC) 1049/2001, all correspondence (including
letters, emails and text messages), agendas, minutes of meetings, minutes of phone calls,
reports and any kind of other policy documents, where the German laboratory LPT
(Laboratory of Pharmacology and Toxicology) was discussed/mentioned/referred to,
especially, but not exclusively, in relation to possible fraud/forgery of test data and/or
mistreatment of test animals.
You also specify that the timeframe of this request runs from 1 December 2018 to 1
2. Assessment of the documents
We have identified 5 documents as falling under the scope of your request.
Having examined the documents, we have come to the conclusion that:
partial access can be granted to document No 2 due to the protection of personal
full access can be granted to documents No 3, 4 and 5, which are already publicly
to document No 1.
1 Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission
documents (OJ L 145, 31.5.2001, p. 43).
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
The documents that can be fully or partially released and the list of documents containing
the result of the assessment carried out on its content on the basis of Regulation (EC) No
1049/2001 are published on the following Commission webpage:
You can view the requested document by entering the GestDem reference of the request
("2020/5387") 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 ("2020/5387").
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.
Please note that documents originating from third parties are disclosed to you based on
Regulation (EC) No 1049/2001. However, this disclosure is without prejudice to the rules
on intellectual property, which may limit your right to reproduce or exploit the released
documents without the agreement of the originator, who may hold an intellectual property
right on them. The European Commission does not assume any responsibility from their
3. Reasons for partial refusal
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 document No 2 identified in the above-mentioned list of documents, 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 details of other natural persons, in particular
representatives of ECHA;
handwritten signatures of natural persons, in particular representatives of ECHA;
other information relating to an identified or identifiable natural person such as roles
and function titles.
Article 9(1)(b) of the Data Protection Regulation 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.
In accordance with the above, partial access is granted to the above-mentioned document,
which is disclosed after redaction of all personal information.
3. 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.
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:
Unit C.1. ‘Transparency, Document Management and Access to Documents’
or by email to: firstname.lastname@example.org
Head of Unit
Electronically signed on 05/10/2020 12:09 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482