Confirmatory Application.

Response to this request is long overdue. By law, under all circumstances, European Food Safety Authority should have responded by now (details). You can complain by requesting an internal review.

Dear European Food Safety Authority,
CONFIRMATORY APPLICATION.

Denial of delivering full data1 of « The 2014 European Union Report on Pesticide Residues in Food » was published on 26 october 2016 in infringement of EU regulations and legal precedents.

CONFIRMATORY APPLICATION as a pdf here : https://share.riseup.net/#xtNZj4ubqjk8bU...

Reading the introduction of the report, I have been highly amazed by the sentence : «Overall, 97.1% of the 82,649 samples analysed in 2014 were free of residues or contained residues within the legally permitted levels.»
Many studies from Générations, Futures, Greenpeace have demonstrated there is a lot of pesticides in our food.

As a consumer, I can’t lump together «food free of pesticides» and «food with pesticides in legal limits».
I asked EFSA for the data used to perform the study. I was told first I would receive data a month later, and then another month later because of « the large amount of data to collect. » Then I learnt (on 22 december 2016) nine countries refused I could be able to access these documents.
So I make an appeal today to the decision of partial rejection of my application.
There by, my appeal against that decision.

Preliminary : EFSA Part.
As a prelliminary, I can read in Regulation EC 178/20022 creating EFSA, «as whereas» mentioned below:
«The free movement of safe and wholesome food is an essential aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and economic interests.
(1) The free movement of safe and wholesome food is an essential aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and economic interests.
(2) A high level of protection of human life and health should be assured in the pursuit of Community policies.
(3) The free movement of food and feed within the Community can be achieved only if food and feed safety requirements do not differ significantly from Member State to Member State.
(4) There are important differences in relation to concepts, principles and procedures between the food laws of the Member States. When Member States adopt measures governing food, these differences may impede the free movement of food, create unequal conditions of competition, and may thereby directly affect the functioning of the internal market.
(5) Accordingly, it is necessary to approximate these concepts, principles and procedures so as to form a common basis for measures governing food and feed taken in the Member States and at Community level. It is however necessary to provide for sufficient time for the adaptation of any conflicting provisions in existing legislation, both at national and Community level, and to provide that, pending such adaptation, the relevant legislation be applied in the light of the principles set out in the present Regulation.
(6) Water is ingested directly or indirectly like other foods, thereby contributing to the overall exposure of a consumer to ingested substances, including chemical and microbiological contaminants. However, as the quality of water intended for human consumption is already controlled by Council Directives 80/778/EEC(5) and 98/83/EC(6), it suffices to consider water after the point of compliance referred to in Article 6 of Directive 98/83/EC.
(7) Within the context of food law it is appropriate to include requirements for feed, including its production and use where that feed is intended for food-producing animals. This is without prejudice to the similar requirements which have been applied so far and which will be applied in the future in feed legislation applicable to all animals, including pets.
(8) The Community has chosen a high level of health protection as appropriate in the development of food law, which it applies in a non-discriminatory manner whether food or feed is traded on the internal market or internationally.
(9) It is necessary to ensure that consumers, other stakeholders and trading partners have confidence in the decision-making processes underpinning food law, its scientific basis and the structures and independence of the institutions protecting health and other interests.
(10) Experience has shown that it is necessary to adopt measures aimed at guaranteeing that unsafe food is not placed on the market and at ensuring that systems exist to identify and respond to food safety problems in order to ensure the proper functioning of the internal market and to protect human health. Similar issues relating to feed safety should be addressed.
(11) In order to take a sufficiently comprehensive and integrated approach to food safety, there should be a broad definition of food law covering a wide range of provisions with a direct or indirect effect on the safety of food and feed, including provisions on materials and articles in contact with food, animal feed and other agricultural inputs at the level of primary production.
(12) In order to ensure the safety of food, it is necessary to consider all aspects of the food production chain as a continuum from and including primary production and the production of animal feed up to and including sale or supply of food to the consumer because each element may have a potential impact on food safety.
(13) Experience has shown that for this reason it is necessary to consider the production, manufacture, transport and distribution of feed given to food-producing animals, including the production of animals which may be used as feed on fish farms, since the inadvertent or deliberate contamination of feed, and adulteration or fraudulent or other bad practices in relation to it, may give rise to a direct or indirect impact on food safety.
(14) For the same reason, it is necessary to consider other practices and agricultural inputs at the level of primary production and their potential effect on the overall safety of food.
(15) Networking of laboratories of excellence, at regional and/or interregional level, with the aim of ensuring continuous monitoring of food safety, could play an important role in the prevention of potential health risks for citizens.
(16) Measures adopted by the Member States and the Community governing food and feed should generally be based on risk analysis except where this is not appropriate to the circumstances or the nature of the measure. Recourse to a risk analysis prior to the adoption of such measures should facilitate the avoidance of unjustified barriers to the free movement of foodstuffs.
(17) Where food law is aimed at the reduction, elimination or avoidance of a risk to health, the three interconnected components of risk analysis - risk assessment, risk management, and risk communication - provide a systematic methodology for the determination of effective, proportionate and targeted measures or other actions to protect health.
(18) In order for there to be confidence in the scientific basis for food law, risk assessments should be undertaken in an independent, objective and transparent manner, on the basis of the available scientific information and data.
(19) It is recognised that scientific risk assessment alone cannot, in some cases, provide all the information on which a risk management decision should be based, and that other factors relevant to the matter under consideration should legitimately be taken into account including societal, economic, traditional, ethical and environmental factors and the feasibility of controls.
(20) The precautionary principle has been invoked to ensure health protection in the Community, thereby giving rise to barriers to the free movement of food or feed. Therefore it is necessary to adopt a uniform basis throughout the Community for the use of this principle.
(21) In those specific circumstances where a risk to life or health exists but scientific uncertainty persists, the precautionary principle provides a mechanism for determining risk management measures or other actions in order to ensure the high level of health protection chosen in the Community.
(22) Food safety and the protection of consumer's interests is of increasing concern to the general public, non-governmental organisations, professional associations, international trading partners and trade organisations. It is necessary to ensure that consumer confidence and the confidence of trading partners is secured through the open and transparent development of food law and through public authorities taking the appropriate steps to inform the public where there are reasonable grounds to suspect that a food may present a risk to health.
(23) The safety and confidence of consumers within the Community, and in third countries, are of paramount importance. The Community is a major global trader in food and feed and, in this context, it has entered into international trade agreements, it contributes to the development of international standards which underpin food law, and it supports the principles of free trade in safe feed and safe, wholesome food in a non-discriminatory manner, following fair and ethical trading practices.
(24) It is necessary to ensure that food and feed exported or re-exported from the Community complies with Community law or the requirements set up by the importing country. In other circumstances, food and feed can only be exported or re-exported if the importing country has expressly agreed. However, it is necessary to ensure that even where there is agreement of the importing country, food injurious to health or unsafe feed is not exported or re-exported.
(25) It is necessary to establish the general principles upon which food and feed may be traded and the objectives and principles for the contribution of the Community to developing international standards and trade agreements.
(26) Some Member States have adopted horizontal legislation on food safety imposing, in particular, a general obligation on economic operators to market only food that is safe. However, these Member States apply different basic criteria for establishing whether a food is safe. Given these different approaches, and in the absence of horizontal legislation in other Member States, barriers to trade in foods are liable to arise. Similarly such barriers may arise to trade in feed.
(27) It is therefore necessary to establish general requirements for only safe food and feed to be placed on the market, to ensure that the internal market in such products functions effectively.
(28) Experience has shown that the functioning of the internal market in food or feed can be jeopardised where it is impossible to trace food and feed. It is therefore necessary to establish a comprehensive system of traceability within food and feed businesses so that targeted and accurate withdrawals can be undertaken or information given to consumers or control officials, thereby avoiding the potential for unnecessary wider disruption in the event of food safety problems.
(29) It is necessary to ensure that a food or feed business including an importer can identify at least the business from which the food, feed, animal or substance that may be incorporated into a food or feed has been supplied, to ensure that on investigation, traceability can be assured at all stages.
(30) A food business operator is best placed to devise a safe system for supplying food and ensuring that the food it supplies is safe; thus, it should have primary legal responsibility for ensuring food safety. Although this principle exists in some Member States and areas of food law, in other areas this is either not explicit or else responsibility is assumed by the competent authorities of the Member State through the control activities they carry out. Such disparities are liable to create barriers to trade and distort competition between food business operators in different Member States.
(31) Similar requirements should apply to feed and feed business operators.
(32) The scientific and technical basis of Community legislation relating to the safety of food and feed should contribute to the achievement of a high level of health protection within the Community. The Community should have access to high-quality, independent and efficient scientific and technical support.
(33) The scientific and technical issues in relation to food and feed safety are becoming increasingly important and complex. The establishment of a European Food Safety Authority, hereinafter referred to as "the Authority", should reinforce the present system of scientific and technical support which is no longer able to respond to increasing demands on it.
(34) Pursuant to the general principles of food law, the Authority should take on the role of an independent scientific point of reference in risk assessment and in so doing should assist in ensuring the smooth functioning of the internal market. It may be called upon to give opinions on contentious scientific issues, thereby enabling the Community institutions and Member States to take informed risk management decisions necessary to ensure food and feed safety whilst helping avoid the fragmentation of the internal market through the adoption of unjustified or unnecessary obstacles to the free movement of food and feed.
(35) The Authority should be an independent scientific source of advice, information and risk communication in order to improve consumer confidence; nevertheless, in order to promote coherence between the risk assessment, risk management and risk communication functions, the link between risk assessors and risk managers should be strengthened.
(36) The Authority should provide a comprehensive independent scientific view of the safety and other aspects of the whole food and feed supply chains, which implies wide-ranging responsibilities for the Authority. These should include issues having a direct or indirect impact on the safety of the food and feed supply chains, animal health and welfare, and plant health. However, it is necessary to ensure that the Authority focuses on food safety, so its mission in relation to animal health, animal welfare and plant health issues that are not linked to the safety of the food supply chain should be limited to the provision of scientific opinions. The Authority's mission should also cover scientific advice and scientific and technical support on human nutrition in relation to Community legislation and assistance to the Commission at its request on communication linked to Community health programmes.
(37) Since some products authorised under food law such as pesticides or additives in animal feed may involve risks to the environment or to the safety of workers, some environmental and worker protection aspects should also be assessed by the Authority in accordance with the relevant legislation.
(38) In order to avoid duplicated scientific assessments and related scientific opinions on genetically modified organisms (GMOs), the Authority should also provide scientific opinions on products other than food and feed relating to GMOs as defined by Directive 2001/18/EC(7) and without prejudice to the procedures established therein.
(39) The Authority should contribute through the provision of support on scientific matters, to the Community's and Member States' role in the development and establishment of international food safety standards and trade agreements.
(40) The confidence of the Community institutions, the general public and interested parties in the Authority is essential. For this reason, it is vital to ensure its independence, high scientific quality, transparency and efficiency. Cooperation with Member States is also indispensable.
(41) To that effect the Management Board should be appointed in such a way as to secure the highest standard of competence, a broad range of relevant expertise, for instance in management and in public administration, and the broadest possible geographic distribution within the Union. This should be facilitated by a rotation of the different countries of origin of the members of the Management Board without any post being reserved for nationals of any specific Member State.
(42) The Authority should have the means to perform all the tasks required to enable it to carry out its role.
(43) The Management Board should have the necessary powers to establish the budget, check its implementation, draw up internal rules, adopt financial regulations, appoint members of the Scientific Committee and Scientific Panels and appoint the Executive Director.
(44) The Authority should cooperate closely with competent bodies in the Member States if it is to operate effectively. An Advisory Forum should be created in order to advise the Executive
Director, to constitute a mechanism of exchange of information, and to ensure close cooperation in particular with regard to the networking system. Cooperation and appropriate exchange of information should also minimise the potential for diverging scientific opinions.
(45) The Authority should take over the role of the Scientific Committees attached to the Commission in issuing scientific opinions in its field of competence. It is necessary to reorganise these Committees to ensure greater scientific consistency in relation to the food supply chain and to enable them to work more effectively. A Scientific Committee and Permanent Scientific Panels should therefore be set up within the Authority to provide these opinions.
(46) In order to guarantee independence, members of the Scientific Committee and Panels should be independent scientists recruited on the basis of an open application procedure.
(47) The Authority's role as an independent scientific point of reference means that a scientific opinion may be requested not only by the Commission, but also by the European Parliament and the Member States. In order to ensure the manageability and consistency of the process of scientific advice, the Authority should be able to refuse or amend a request providing justification for this and on the basis of predetermined criteria. Steps should also be taken to help avoid diverging scientific opinions and, in the event of diverging scientific opinions between scientific bodies, procedures should be in place to resolve the divergence or provide the risk managers with a transparent basis of scientific information.
(48) The Authority should also be able to commission scientific studies necessary for the accomplishment of its duties, while ensuring that the links established by it with the Commission and the Member States prevent duplication of effort. It should be done in an open and transparent fashion and the Authority should take into account existing Community expertise and structures.
(49) The lack of an effective system of collection and analysis at Community level of data on the food supply chain is recognised as a major shortcoming. A system for the collection and analysis of relevant data in the fields covered by the Authority should therefore be set up, in the form of a network coordinated by the Authority. A review of Community data collection networks already existing in the fields covered by the Authority is called for.
(50) Improved identification of emerging risks may in the long term be a major preventive instrument at the disposal of the Member States and the Community in the exercise of its policies. It is therefore necessary to assign to the Authority an anticipatory task of collecting information and exercising vigilance and providing evaluation of and information on emerging risks with a view to their prevention.
(51) The establishment of the Authority should enable Member States to become more closely involved in scientific procedures. There should therefore be close cooperation between the Authority and the Member States for this purpose. In particular, the Authority should be able to assign certain tasks to organisations in the Member States.
(52) It is necessary to ensure that a balance is struck between the need to use national organisations to carry out tasks for the Authority and the need to ensure for the purposes of overall consistency that such tasks are carried out in line with the criteria established for such tasks. Existing procedures for the allocation of scientific tasks to the Member States, in particular with regard to the evaluation of dossiers presented by industry for the authorisation of certain substances, products or procedures, should be re-examined within a year with the objective of taking into account the establishment of the Authority and the new facilities it offers, the evaluation procedures remaining at least as stringent as before.
(53) The Commission remains fully responsible for communicating risk management measures. The appropriate information should therefore be exchanged between the Authority and the Commission. Close cooperation between the Authority, the Commission and the Member States is also necessary to ensure the coherence of the global communication process.
(54) The independence of the Authority and its role in informing the public mean that it should be able to communicate autonomously in the fields falling within its competence, its purpose being to provide objective, reliable and easily understandable information.
(55) Appropriate cooperation with the Member States and other interested parties is necessary in the specific field of public information campaigns to take into account any regional parameters and any correlation with health policy.
(56) In addition to its operating principles based on independence and transparency, the Authority should be an organisation open to contacts with consumers and other interested groups.
(57) The Authority should be financed by the general budget of the European Union. However, in the light of experience acquired, in particular with regard to the processing of authorisation dossiers presented by industry, the possibility of fees should be examined within three years following the entry into force of this Regulation. The Community budgetary procedure remains applicable as far as any subsidies chargeable to the general budget of the European Union are concerned. Moreover, the auditing of accounts should be undertaken by the Court of Auditors.
(58) It is necessary to allow for the participation of European countries which are not members of the European Union and which have concluded agreements obliging them to transpose and implement the body of Community law in the field covered by this Regulation.
(59) A system for rapid alert already exists in the framework of Council Directive 92/59/EEC of 29 June 1992 on general product safety(8). The scope of the existing system includes food and industrial products but not feed. Recent food crises have demonstrated the need to set up an improved and broadened rapid alert system covering food and feed. This revised system should be managed by the Commission and include as members of the network the Member States, the Commission and the Authority. The system should not cover the Community arrangements for the early exchange of information in the event of a radiological emergency as defined in Council Decision 87/600/Euratom(9).
(60) Recent food safety incidents have demonstrated the need to establish appropriate measures in emergency situations ensuring that all foods, whatever their type and origin, and all feed should be subject to common measures in the event of a serious risk to human health, animal health or the environment. Such a comprehensive approach to emergency food safety measures should allow effective action to be taken and avoid artificial disparities in the treatment of a serious risk in relation to food or feed.
(61) Recent food crises have also shown the benefits to the Commission of having properly adapted, more rapid procedures for crisis management. These organisational procedures should make it possible to improve coordination of effort and to determine the most effective measures on the basis of the best scientific information. Therefore, revised procedures should take into account the Authority's responsibilities and should provide for its scientific and technical assistance in the form of advice in the event of a food crisis.
(62) In order to ensure a more effective, comprehensive approach to the food chain, a Committee on the Food Chain and Animal Health should be established to replace the Standing Veterinary Committee, the Standing Committee for Foodstuffs and the Standing Committee for Feedingstuffs. Accordingly, Council Decisions 68/361/EEC(10), 69/414/EEC(11), and 70/372/EEC(12), should be repealed. For the same reason the Committee on the Food Chain and Animal Health should also replace the Standing Committee on Plant Health in relation to its competence (for Directives 76/895/EEC(13), 86/362/EEC(14), 86/363/EEC(15), 90/642/EEC(16) and 91/414/EEC(17)) on plant protection products and the setting of maximum residue levels.
(63) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(18).
(64) It is necessary that operators should have sufficient time to adapt to some of the requirements established by the present Regulation and that the European Food Safety Authority should commence its operations on 1 January 2002.
(65) It is important to avoid confusion between the missions of the Authority and the European Agency for the Evaluation of Medicinal Products (EMEA) established by Council Regulation (EEC) No 2309/93(19). Consequently, it is necessary to establish that this Regulation is without prejudice to the competence conferred on the EMEA by Community legislation, including powers conferred by Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin(20).
(66) It is necessary and appropriate for the achievement of the basic objectives of this Regulation to provide for the approximation of the concepts, principles and procedures forming a common basis for food law in the Community and to establish a European Food Safety Authority. In accordance with the principle of proportionality as set out in Article 5 of the Treaty, this Regulation does not go beyond what is necessary in order to achieve the objectives pursued,
It means EFSA has to protect european citizens’s food, particularly from pesticides and other pollutants.

Refering to :

CHAPTER 1. LEGISLATION.

I The Aarhus Convention

The EU & the Aarhus Convention: in the EU Member States, in the Community Institutions and Bodies

Legislation 1

The Decision on conclusion of the Aarhus Convention by the EC was adopted on 17 February 2005 [Decision 2005/370/EC 2 ]. The EC is a Party to the Convention since May 2005.

In 2003 two Directives concerning the first and second "pillars" of the Aarhus Convention were adopted; they were to be implemented in the national law of the EU Member States by 14 February and 25 June 2005 respectively:

- Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC Guidance document for member States' reporting under Article 9 of Directive 2003/4
Reports from the Member States under Article 9 of Directive 2003/4
Report from the Commission on the experience gained in the application of directive 2003/4/EC on public access to environmental information (COM (2012) 774 of 17 December 2012)

- Directive 2003/35/EC 3 of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC
Provisions for public participation in environmental decision-making are furthermore to be found in a number of other environmental directives, such as Directive 2001/42/EC of 27 June 2001 on the assessment of certain plans and programmes on the environment (see also the "environmental assessment" homepage) and Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy (see also the "Water Framework Directive" homepage).

Both Directives 2003/4 and 2003/35 contain provisions on access to justice.

Furthermore, on 24 October 2003 the Commission presented a Proposal for a Directive of the European Parliament and of the Council on access to justice in environmental matters [COM (2003) 624 - see details on the legislative procedure]. This proposal was part of the "Aarhus package", also consisting of the Proposal for a decision to ratify the Convention, [COM (2003) 625] (meanwhile adopted, see above), and a Proposal for a Regulation to apply the provisions of the Convention to Community institutions and bodies [COM (2003) 622]

The Aarhus Convention establishes a number of rights of the public (individuals and their associations) with regard to the environment. The Parties to the Convention are required to make the necessary provisions so that public authorities (at national, regional or local level) will contribute to these rights to become effective. The Convention provides for:

- the right of everyone to receive environmental information that is held by public authorities ("access to environmental information"). This can include information on the state of the environment, but also on policies or measures taken, or on the state of human health and safety where this can be affected by the state of the environment. Applicants are entitled to obtain this information within one month of the request and without having to say why they require it. In addition, public authorities are obliged, under the Convention, to actively disseminate environmental information in their possession;

More particularly :

Article 1
In order to contribute to the protection of the right of every person of
present and future generations to live in an environment adequate to his or
her health and well-being, each Party shall guarantee the rights of access to
information, public participation in decision-making, and access to justice
in environmental matters in accordance with the provisions of this Convention.

Article 2 al.3
“Environmental information” means any information in written, visual,
aural, electronic or any other material form on:

(a) The state of elements of the environment, such as air and
atmosphere, water, soil, land, landscape and natural sites, biological
diversity and its components, including genetically modified organisms, and
the interaction among these elements;

(b) Factors, such as substances, energy, noise and radiation, and
activities or measures, including administrative measures, environmental
agreements, policies, legislation, plans and programmes, affecting or likely
to affect the elements of the environment within the scope of subparagraph (a)
above, and cost-benefit and other economic analyses and assumptions used in
environmental decision-making;

(c) The state of human health and safety, conditions of human life,
cultural sites and built structures, inasmuch as they are or may be affected
by the state of the elements of the environment or, through these elements, by
the factors, activities or measures referred to in subparagraph (b) above;

Article 2 al.4.

“The public” means one or more natural or legal persons, and, in
accordance with national legislation or practice, their associations,
organizations or groups;

Article 2 al 5
“The public concerned” means the public affected or likely to be
affected by, or having an interest in, the environmental decision-making; for
the purposes of this definition, non-governmental organizations promoting
environmental protection and meeting any requirements under national law shall
be deemed to have an interest

Article 3

1. Each Party shall take the necessary legislative, regulatory and other
measures, including measures to achieve compatibility between the provisions
implementing the information, public participation and access-to-justice
provisions in this Convention, as well as proper enforcement measures, to
establish and maintain a clear, transparent and consistent framework to
implement the provisions of this Convention.

2. Each Party shall endeavour to ensure that officials and authorities
assist and provide guidance to the public in seeking access to information, in
facilitating participation in decision-making and in seeking access to justice
in environmental matters.

3. Each Party shall promote environmental education and environmental
awareness among the public, especially on how to obtain access to information,
to participate in decision-making and to obtain access to justice in
environmental matters.

4. Each Party shall provide for appropriate recognition of and support to
associations, organizations or groups promoting environmental protection and
ensure that its national legal system is consistent with this obligation.

5. The provisions of this Convention shall not affect the right of a Party
to maintain or introduce measures providing for broader access to information,
more extensive public participation in decision-making and wider access to
justice in environmental matters than required by this Convention.

6. This Convention shall not require any derogation from existing rights of
access to information, public participation in decision-making and access to
justice in environmental matters.

7. Each Party shall promote the application of the principles of this
Convention in international environmental decision-making processes and within
the framework of international organizations in matters relating to the
environment.

8. Each Party shall ensure that persons exercising their rights in
conformity with the provisions of this Convention shall not be penalized,
persecuted or harassed in any way for their involvement. This provision shall
not affect the powers of national courts to award reasonable costs in judicial
proceedings.

9. Within the scope of the relevant provisions of this Convention, the
public shall have access to information, have the possibility to participate
in decision-making and have access to justice in environmental matters without
discrimination as to citizenship, nationality or domicile and, in the case of
a legal person, without discrimination as to where it has its registered seat
or an effective centre of its activities.

Article 4

1. Each Party shall ensure that, subject to the following paragraphs of
this article, public authorities, in response to a request for environmental
information, make such information available to the public, within the
framework of national legislation, including, where requested and subject to
subparagraph (b) below, copies of the actual documentation containing or
comprising such information:

(a) Without an interest having to be stated;
(b) In the form requested unless:
(i) It is reasonable for the public authority to make it
available in another form, in which case reasons shall be
given for making it available in that form; or
(ii) The information is already publicly available in another
form.

2. The environmental information referred to in paragraph 1 above shall be
made available as soon as possible and at the latest within one month after
the request has been submitted, unless the volume and the complexity of the
information justify an extension of this period up to two months after the
request. The applicant shall be informed of any extension and of the reasons
justifying it.

Article 5 al 1

(c) In the event of any imminent threat to human health or the
environment, whether caused by human activities or due to natural causes, all
information which could enable the public to take measures to prevent or
mitigate harm arising from the threat and is held by a public authority is
disseminated immediately and without delay to members of the public who may be
affected

Article 5 al 3

Each Party shall ensure that environmental information progressively
becomes available in electronic databases which are easily accessible to the
public through public telecommunications networks. Information accessible in
this form should include:

(a) Reports on the state of the environment, as referred to in
paragraph 4 below;
(b) Texts of legislation on or relating to the environment;
(c) As appropriate, policies, plans and programmes on or relating to
the environment, and environmental agreements; and
(d) Other information, to the extent that the availability of such
information in this form would facilitate the application of national law
implementing this Convention, provided that such information is already available in electronic form.

CHAPTER 2. LEGAL PRECEDENTS

On 23 November 2016, European Court of Justice released two important decision related with my request : Bayer and European Commission were both dissaproved.

1 Stichting Greenpeace Nederland, Pesticide Action Network Europe vs BAYER
http://curia.europa.eu/juris/document/do...

2 Stichting Greenpeace Nederland and Pesticide Action Network Europe vs EUROPEAN COMMISSION
http://curia.europa.eu/juris/document/do...

AS :
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Transparency is a guiding principle of European environmental policy. Not only authorities and undertakings but also citizens, non-governmental organisations and independent scientists are intended to be able to participate fully in the debate on environmental protection and thus to contribute to improved environmental protection.

2. There is a very lively debate regarding the role played by plant protection products in ‘bee mortality’, that is to say, the decline of bee populations, but also of other pollinating insect species. (2) Therefore, there is a particular public interest in the information which manufacturers submit to the authorities in the authorisation procedures regulated by EU law in order to obtain approval of active substances and plant protection products. However, those manufacturers fear that they may suffer competitive disadvantages if their competitors gain access to that information.

3. This conflict of interests is regulated by the Environmental Information Directive, (3) which governs access to such information. (4) Under that directive, authorities may in principle refuse access to environmental information held by them in order to protect the confidentiality of commercial or industrial information, but they must nevertheless release information on emissions into the environment and information whose disclosure is in the overriding public interest.

4. The present case concerns access to information submitted in authorisation procedures for plant protection products and a biocidal product. In addition to the question whether the information relates to emissions, it must be clarified in particular what effect the absence of a request for confidentiality has on a request for environmental information. A request for confidentiality may be made by the manufacturer in the context of the authorisation procedures for plant protection products and biocidal products.

II – Legislative framework

A – International law

5. The right of access to environmental information is established in the Convention on access to information, public participation in decision-making and access to justice in environmental matters (5) (‘the Aarhus Convention’), which was signed by the Community on 25 June 1998 in Aarhus (Denmark). (6)

The Environmental Information Directive

8. The right of access to environmental information is granted on the basis of the Environmental Information Directive, which implements the right of access to environmental information under the Aarhus Convention.

9. The definitions contained in Article 2 of the Environmental Information Directive include environmental information:

‘For the purposes of this Directive:

1. “Environmental information” shall mean any information in written, visual, aural, electronic or any other material form on

(a) the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;

(b) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in (a);

10. The right of access to environmental information is laid down in Article 3(1) of the Environmental Information Directive:

‘Member States shall ensure that public authorities are required, in accordance with the provisions of this Directive, to make available environmental information held by or for them to any applicant at his request and without his having to state an interest.’

IN CONCLUSION

As you will record, European Regulation and Directives, legal precedents all of them, tip the scale in my favour. I hope you will so quickly deliver to me the whole data. If not, We may meeet in EUCJ after I publicly and officially report your illegal way against health of European citizens.

Yours faithfully,

Chantal VIALA