Ref. Ares(2022)7805208 - 11/11/2022
EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY
Director-General
Brussels
SANTE.E.4/ai(2022
)8360854
Ms Julia Thibord
POLLINIS
10 rue Saint-Marc
75002 Paris France
By e-mail with acknowledgement of
receipt only1 ask+request-11947-
xxxxxxxx@xxxxxxxx.xxx
Dear Ms Thibord,
Subject:
Your application for access to documents – Ref. Access Request
2022/5805
We refer to your request dated 10 October 2022 in which you make an application for
access to information and documents, registered on 13 October 2022 under the above
mentioned reference number. In particular, you request information and documents as
follows:
“1. Have any RNAi-based pesticides (such as ds-RNA-spray treatment) been authorised
under Regulation 1107/2009 and/or have any applications been filed and/or are currently
being assessed pursuant to Regulation 1107/2009 (or any other legislation)?
2. Have any other plant protection techniques or products using new breeding technologies
or biotechnologies (including new genomic techniques, precision bred organisms, gene
silencing, gene driving, etc.) been authorised under Regulation 1107/2009 and/or have
any applications been filed and/or are currently being assessed pursuant to Regulation
1107/2009 (or any other legislation)?
If so, please provide all relevant information and documents within the meaning of Article
3(a) of Regulation 1049/2001.”
With regard to your request under point 1, no RNAi-based pesticide has been authorised, nor
is under assessment, under Regulation (EC) No 1107/2009. Consequently, no application nor
1 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 SANTE-CONSULT-
xx@xx.xxxxxx.xx.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
results of an evaluation of an application have been filed in connection to RNAi-based
pesticides under that Regulation.
With regard to your request under point 2, no “plant protection technique or product using
new breeding technologies or biotechnologies” has been authorised, nor is under assessment,
under Regulation (EC) No 1107/2009. Consequently, no application nor results of an
evaluation of an application having been filed in connection to new breeding technologies or
biotechnologies under that Regulation.
Therefore, we regret to inform you that the Commission does not hold any documents that
would correspond to the description given in your application.
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as
defined in that regulation applies only to existing documents in the possession of the
institution.
Given that no such documents, corresponding to the description given in your application,
are held by the Commission, the Commission is not in a position to fulfil your requests.
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 Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency, Document Management & Access to Documents (SG.C.1)
BERL 7/076
B-1049 Bruxelles
E-mail:
xxxxxxxxxx@xx.xxxxxx.xx
Yours sincerely,
[e-signed]
Sandra GALLINA
2
Electronically signed on 11/11/2022 15:55 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121