Lyndsay Eccleston
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Stockholm, 20 August 2021
Our ref.: PHF-2021-OUT-3534-VLElKh
Dear Ms Eccleston,
Re: Your application for access to documents – Ref 21-4509
We refer to your e-mail dated 16 August 2021 sent through AskTheEU in which you make a request for
access to documents, registered on 17 August 2021 under the above mentioned reference number.
We regret to inform you that no documents were found that would correspond to the description given in
your application.
Indeed, as specified in Article 2(3) of Regulation 1049/2001, the right of access as defined in that Regulation
applies only to existing documents in the possession of the institution. We would like to refer in this respect
to the judgment of the Court in Case T-221/08, according to which ‘
[n]either Article 11 of Regulation No
1049/2001 nor the obligation of assistance in Article 6(2) thereof, can oblige an institution to create a
document for which it has been asked to grant access but which does not exist’.
Given that no such documents have been identified, ECDC is not in a position to handle your request.
We invite you to explore the Surveillance Atlas of Infectious Diseases available at
https://www.ecdc.europa.eu/en/surveil ance-atlas-infectious-diseases as it might provide some of the
information that you requested. Furthermore, we would like to bring to your attention the possibility of
introducing a request for access to subsets of data of the European Surveil ance System (TESSy). This process
is separate and different from public access to documents. Access to data from TESSy can be granted for
research purposes. At
https://www.ecdc.europa.eu/en/publications-data/european-surveillance-system-
tessy you will find information about who has the right, as well as how to access and use data from TESSy.
1/2
European Centre for Disease Prevention and Control (ECDC)
Gustav den III:s Boulevard 40, 169 73 Solna, Sweden
www.ecdc.europa.eu
Phone: +46 (0)8 58 60 10 00 - Fax: +46 (0)8 58 60 10 01
Means of redress
In accordance with Article 7(2) of Regulation 1049/2001, you are entitled to make a confirmatory application
requesting ECDC’s Director to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt of this letter to
the following address:
ECDC
Legal Services
Gustav III:s Boulevard 40
16973 Solna
Sweden
or by email to:
xxxxxxxxxxxx.xxxxxxxx@xxxx.xxxxxx.xx.
Yours faithful y,
Vicky Lefevre
Vicky Lefevre
Head of Unit Public Health Functions
2/2
European Centre for Disease Prevention and Control (ECDC)
Gustav den III:s Boulevard 40, 169 73 Solna, Sweden
www.ecdc.europa.eu
Phone: +46 (0)8 58 60 10 00 - Fax: +46 (0)8 58 60 10 01
