HEAD OF THE LEGAL AND ASSURANCE SERVICES
Parma, 19 April 2018
Ref. DD/LV/mm (2017) - out-19304753
Danish Poultry organisation for
hobby- and smallholders
Ulstrup Skovvej 3 Sdr Vinge
Your request for access to documents of 8 November 2018
Our ref.: PAD 2017/099
Dear Mr Jensen,
I refer to your request of 8 November 2017, submitted from the website “Ask the EU
means of which you requested access to data pertaining to the EFSA Scientific report on
the avian influenza overview October 2016–August 20171 (hereinafter “the Scientific
”), in accordance with Regulation (EC) No 1049/2001 regarding public access to
documents2 (hereinafter “the PAD Regulation
By means of your e-mail of 30 November 2017, you clarified that you are interested in
receiving all additional epidemiological data on the Avian Influenza (AI) outbreaks in
poultry and captive birds that occurred from October 2016 to 30 April 2017, submitted by
19 Member States (MS)3 directly to EFSA by means of Excel files in the context of the
Scientific Report (hereinafter “the AI data
As per our letter of 26 March 20184, EFSA provided you with a first batch of documents,
granting you full access to the AI data of 15 out of 19 MS organisations, i.e. 24 out of 30
requested Excel files in EFSA’s possession.
We have further assessed your request in accordance with the PAD Regulation and
Regulation (EC) No 1367/20065 (hereinafter “the Aarhus Regulation
”) and we are pleased
to complement our letter of 26 March 2018, as detailed in the following section.
1 European Food Safety Authority, European Centre for Disease Prevention and Control, European Union
Reference Laboratory for Avian influenza, Brown I, Mulatti P, Smietanka K, Staubach C, Willeberg P, Adlhoch
C, Candiani D, Fabris C, Zancanaro G, Morgado J and Verdonck F, 2017. Scientific report on the avian
influenza overview October 2016– August 2017. EFSA Journal 2017;15(10):5018, 101 pp.
2 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission documents, OJ L 145, 31.5.2001, p. 43-48,
applicable to EFSA.
3 Data was received from Austria, Belgium, Bulgaria, Croatia, the Czech Republic, Denmark, Finland, France,
Germany, Greece, Hungary, Italy, the Netherlands, Poland, Romania, Slovakia, Spain, Sweden and the
4 By means of EFSA’s letter of 26 March 2018, we took due note of your e-mail of 4 March 2018 and
addressed your request to receive, even partially, the AI data prior to the date proposed in EFSA’s letter of 1
European Food Safety Authority • Via Carlo Magno 1A • 43126 Parma • ITALY
Tel. + 39 0521 036 111 • Fax + 39 0521 036 110 • www.efsa.europa.eu
1. Complementary reply – Accessibility of the AI data from 4 MS organisations
Following extensive consultations and clarifications with the remaining 4 out of 19 MS
organisations in line with Article 4(5) of the PAD Regulation, which provided 6 out of 30
requested Excel files in EFSA’s possession, we are complementing EFSA’s reply on the
accessibility of the AI data.
Accordingly, we are pleased to grant you full access to the AI data of 2 MS organisations,
i.e. 3 out of 30 requested Excel files in EFSA’s possession. Please note in this regard that
the Spanish MS organisation, while agreeing on full disclosure of their AI data, stressed
that an improper use of the data may be sanctioned under Spanish national law as
concerns the protection of personal data6.
Moreover, partial access is provided to the AI data of 1 MS organisation, i.e. 1 out of the
30 requested Excel files in EFSA’s possession.
Notably, masking is applied to minor parts of columns F (locality) and AX (free text) as
well as the complete columns K (related reference number), AJ (holding ID) and column
AM (production unit ID) since the disclosure of these (parts of) the columns would lead to
the identification of economic operators.
Indeed, the MS organisation which agreed on partial disclosure of its AI data maintained
that the parts of the Excel file masked are to be protected in accordance with Article 4(2),
first indent, of the PAD Regulation. Especially, the MS organisation at hand emphasized
that a disclosure of these parts in the specific situation of the MS may risk to seriously
undermine the commercial interest of the concerned economic entities. Please note that
in concluding on the partial disclosure, consideration was taken of whether an overriding
public interest in light of the Aarhus Regulation exists7.
We hope you find the disclosed Excel files useful. I must remind you that all persons
reproducing, redistributing, exploiting or making commercial use of this information are
expected to adhere to the terms and conditions asserted by the copyright holder.
It is to be highlighted that with the disclosure of the two batches of documents in reply to
your request for access to documents with EFSA’s reference PAD 2017/099, you have
now overall received 28 out of the 30 Excel files requested by you.
As concerns the only remaining MS organisation, i.e. 2 out of 30 requested Excel files in
EFSA’s possession, we regret to inform you that the genuine dialogue8 has not reached a
conclusive end. In particular, no prior agreement on the release of their data could be
reached with this specific MS organisation. However, please be assured that EFSA is
further engaging with the MS organisation with a view of assessing the accessibility of the
remaining 2 Excel files. 2. Confirmatory application
To exercise your right to appeal against this decision of partial disclosure by a
confirmatory application, you may write to EFSA at the address below. You have fifteen
working days from receipt of this letter to appeal. Beyond this deadline, your initial
5 Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the
application of the provisions of the Aarhus Convention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies, OJ L
264, 25.9.2006, p. 13–19
6 Notably, the Spanish Data Protection Act: Ley Orgánica 15/1999, de 13 de diciembre, de Protección de
Datos de Carácter Personal (LOPD).
7 It shall be noted that Article 6(1) of the Aarhus Regulation provides that “as regards Article 4(2), first and
third indents, of Regulation (EC) No 1049/2001
[…] an overriding public interest in disclosure shall be
deemed to exist where the information requested relates to emissions into the environment
8 Judgment in Case C- 64/05 P, Sweden v Commission
(EU:C:2007:802), paragraphs 85 to 89.
request will be considered as satisfied. In case you submit a confirmatory application,
EFSA will inform you of the outcome of this re-examination of your request within fifteen
working days of receipt, either by granting you access to the documents or by confirming
the refusal. In the latter case, you will also be informed of any further appeal routes
Further correspondence must be sent to:
Dirk Detken, Head of the Legal and Assurance Services
Via Carlo Magno 1/A
IT– 43126 Parma
E-mail: [adresse e-mail]
N. Kriz (EFSA)