Communication with the Commission on GMOs

Kenneth Haar a fait une demande de Accès à l'information à Autorité européenne de sécurité des aliments

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La demande est partiellement réussie.

To the European Food Safety Authority,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

- All written communication since 1 October 2019 between EFSA and the European Commission concerning GMOs (including gene-editing), including minutes of meetings, emails and any other kind of written communication between the two institutions.

- A list of meetings and the minutes of meetings between EFSA and the European Commission concerning GMOs (including gene-editing) since 1 October 2019.

Yours faithfully,

Kenneth Haar
Overgaden oven Vandet 12
1415 Copenhagen K
Denmark

EFSA.public.access.to.documents, Autorité européenne de sécurité des aliments

4 Attachments

Dear Mr Haar,

 

We hereby acknowledge receipt of your request of 2 March 2020, by means of
which you requested access to “documents which contain the following
information:

o All written communication since 1 October 2019 between EFSA and the
European Commission concerning GMOs (including gene-editing),
including minutes of meetings, emails and any other kind of written
communication between the two institutions;
o A list of meetings and the minutes of meetings between EFSA and the
European Commission concerning GMOs (including gene-editing) since 1
October 2019.”

 

Your request has been registered as PAD 2020/023 and is being processed as
quickly as possible in accordance with [1]Regulation (EC) No 1049/2001
regarding public access to documents (hereinafter “the PAD Regulation”).
We will revert to you by 23 March 2019 at the latest.

 

We would like to inform you that the [2]AsktheEU.org website you have used
for submitting your request is a third-party platform, outside the remit
of the institutions, agencies and bodies of the EU, including EFSA.
Consequently, EFSA cannot be held liable for any errors of any kind
occurring as a result of the use of this platform. Likewise, we would ask
you to provide us with alternative contact details to be used for the
further processing of your request.

 

Additionally, please note that the third party running the AsktheEU.org
website is responsible for the processing of your personal data by means
of this platform. For further information, including on the way the third
party addresses your rights in the light of applicable data protection
legislation, please refer to the third party’s privacy policy. From our
experience with the way the platform operates, we understand that the
content of public access to documents requesters correspondence with EFSA
is usually published on the platform, including any personal data which
may be contained therein (e.g. private postal addresses). Please contact
us directly should you not wish your correspondence with EFSA to be
published on the AsktheEU.org platform. In the event that such a
communication is received from you, EFSA will then redirect all future
electronic correspondence to your private e-mail address only.

 

Please also be aware that Article 16 of the PAD Regulation provides that
this legal framework is applicable without prejudice to any existing rules
on copyright which may limit a third party's right to reproduce or exploit
released documents.

 

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

[3]Description: cid:image001.jpg@01CF4F1E.E87FB350

 

Via Carlo Magno 1A

I-43126 Parma
Italy

Tel. +39 0521036264 
[4][email address] 
[5]www.efsa.europa.eu

[6]twitter.com/EFSA_EU [7]Twitter_logo_blue

[8]youtube.com/EFSAchannel [9]YouTube-logo-full_color

[10]linkedin.com/company/efsa [11]cid:image001.jpg@01D2CF04.BC744140

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

 

 

 

 

Afficher les sections citées

EFSA.public.access.to.documents, Autorité européenne de sécurité des aliments

4 Attachments

Dear Mr Haar,

 

We hereby acknowledge receipt of your request of 2 March 2020, by means of
which you requested access to “documents which contain the following
information:

o All written communication since 1 October 2019 between EFSA and the
European Commission concerning GMOs (including gene-editing),
including minutes of meetings, emails and any other kind of written
communication between the two institutions;
o A list of meetings and the minutes of meetings between EFSA and the
European Commission concerning GMOs (including gene-editing) since 1
October 2019.”

 

Your request has been registered as PAD 2020/023 and is being processed as
quickly as possible in accordance with [1]Regulation (EC) No 1049/2001
regarding public access to documents (hereinafter “the PAD Regulation”).
We will revert to you by 23 March 2020 at the latest.

 

We would like to inform you that the [2]AsktheEU.org website you have used
for submitting your request is a third-party platform, outside the remit
of the institutions, agencies and bodies of the EU, including EFSA.
Consequently, EFSA cannot be held liable for any errors of any kind
occurring as a result of the use of this platform. Likewise, we would ask
you to provide us with alternative contact details to be used for the
further processing of your request.

 

Additionally, please note that the third party running the AsktheEU.org
website is responsible for the processing of your personal data by means
of this platform. For further information, including on the way the third
party addresses your rights in the light of applicable data protection
legislation, please refer to the third party’s privacy policy. From our
experience with the way the platform operates, we understand that the
content of public access to documents requesters correspondence with EFSA
is usually published on the platform, including any personal data which
may be contained therein (e.g. private postal addresses). Please contact
us directly should you not wish your correspondence with EFSA to be
published on the AsktheEU.org platform. In the event that such a
communication is received from you, EFSA will then redirect all future
electronic correspondence to your private e-mail address only.

 

Please also be aware that Article 16 of the PAD Regulation provides that
this legal framework is applicable without prejudice to any existing rules
on copyright which may limit a third party's right to reproduce or exploit
released documents.

 

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

[3]Description: cid:image001.jpg@01CF4F1E.E87FB350

 

Via Carlo Magno 1A

I-43126 Parma
Italy

Tel. +39 0521036264 
[4][email address] 
[5]www.efsa.europa.eu

[6]twitter.com/EFSA_EU [7]Twitter_logo_blue

[8]youtube.com/EFSAchannel [9]YouTube-logo-full_color

[10]linkedin.com/company/efsa [11]cid:image001.jpg@01D2CF04.BC744140

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

 

 

 

 

Afficher les sections citées

EFSA.public.access.to.documents, Autorité européenne de sécurité des aliments

3 Attachments

 

Parma,23 March 2020

Ref. DD/NN/mm (2020) – out-23162522

 

Kenneth Haar

 

e-mail: [1][FOI #7721 email]  

 

 

Re:       Your request for public access to documents of 2 March 2020

             Our ref.: PAD 2020/023

 

Dear Mr Haar,

 

I refer to your e-mail of 2 March 2020, by means of which you asked for
access to “documents which contain the following information:

 a. All written communication since 1 October 2019 between EFSA and the
European Commission concerning GMOs (including gene-editing),
including minutes of meetings, emails and any other kind of written
communication between the two institutions.
 b. A list of meetings and the minutes of meetings between EFSA and the
European Commission concerning GMOs (including gene-editing) since 1
October 2019.”

 

Having commenced the processing of your request in accordance with
[2]Regulation (EC) No 1049/2001 regarding public access to documents
(hereinafter “the PAD Regulation”) we would like to provide you with
background information and clarify the scope of your request, as detailed
in the subsequent paragraphs.

 

As the reference body for risk assessment of food and feed safety in the
European Union (EU), EFSA provides scientific advice and scientific and
technical support for the legislation and policies of the EU in all fields
that have a direct or indirect impact on food and feed safety. In
accordance with its Founding [3]Regulation (EC) No 178/2002 (“EFSA
Founding Regulation”), EFSA provides independent scientific advice to the
European Commission, European Parliament and Union Member States on all
matters within these fields and scientific and technical support at the
request of the Commission; further, it acts with a view to the
identification of emerging risks and it communicates in the fields within
its mission.

 

In particular as concerns the area of genetically modified organisms
(GMOs), EFSA provides scientific advice on the safety of GMO market
registration applications and applications for renewal of existing
authorisation of GMOs under [4]Regulation (EC) No 1829/2003 (hereinafter
“GMO Regulation”) and [5]Commission Implementing Regulation (EU) No
503/2013 (hereinafter “GMO Implementing Regulation”) to the European
Commission (EC) and European Union (EU) Member States. Against this
background, EFSA develops scientific and administrative guidance documents
respectively clarifying data requirements for a comprehensive risk
assessment and explaining how these data should be submitted to EFSA (e.g.
format, structure). EFSA also responds to requests by the European
Commission and the European Parliament on generic issues related to GMOs
(hereinafter “EC generic mandates”).

 

It follows from the above that an initial screening has revealed that the
potential documents falling within the scope of your request relate to a
broad category of documents. Indeed, EFSA exchanges with the European
Commission (EC) on GMOs in the following main areas:

 

1)  GMO applications: We should inform you that occasionally, EFSA
exchanges with the EC on specific GMO market registration applications
submitted to EFSA in accordance with the GMO Regulation. EFSA assesses the
safety of GM products based on the information provided by applicants and
taking into consideration comments raised by Member States. EFSA provides
its scientific opinion to EC when a comprehensive risk assessment is
completed.

You can find all documents related to GMO applications currently and
previously assessed by EFSA in the [6]EFSA Register of Questions, by
selecting “GMO” in the “Unit filter” and “Member States” in the field
“Mandate Requestor”.

 

2)  Development of scientific guidelines to applicants: At several
occasions, EC asked EFSA to develop scientific guidelines to help
applicants in preparing their dossiers for marketing their GM products
(e.g. EC mandates received in 2007 to prepare guidance documents on safety
evaluation of GM animals). For the time being, EFSA does not count similar
mandates under scrutiny.

 

 3. Generic mandates: EFSA frequently exchanges with the EC on their
requests related to GMOs and more recently on genome editing
techniques. Since you specifically refer to the latter in your request
for access to documents of 2 March 2020, please note that an editorial
with background information concerning this topic has recently been
[7]published on the EFSA journal.

As for GMO applications referred to above, you can find the correspondence
between EC and EFSA on these generic mandates and related documents (i.e.
terms of reference) received on GMO topics in the [8]EFSA Register of
Questions, by selecting “GMO” in the “Unit filter” and “Commission” in the
field “Mandate Requestor”.

 

In the light of the aforementioned clarifications, we kindly ask you to
clarify the area of exchanges between the EFSA and the EC on GMOs and/or
related topics that you are interested in and/or whether you are
interested in exchanges pertaining to a specific mandate or GMO
application.

 

We would be grateful if you could confirm by return message to this e-mail
address ([9][email address] ) which
documents you are interested in by clearly identifying the area of
correspondence and the specific mandate. Upon receipt of your
clarification, we will continue to process your request in accordance with
the PAD Regulation.

 

Yours sincerely,

 

Luisa Venier

EFSA Public Access to Documents team

Legal & Assurance Services / Business Services Department

 

Via Carlo Magno 1A

43126 Parma (Italy)

[10]www.efsa.europa.eu

[11]twitter.com/EFSA_EU [12][IMG]

[13]youtube.com/EFSAchannel [14][IMG]

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorised by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorised and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

Afficher les sections citées

To the EFSA
Request for access to documents
Your ref : PAD 2020/023

Dear sir or madam.

I have been asked to specify and limit my request for access to documents regarding exchanges between the European Commission and EFSA on GMOs, a request filed 2. March. Your suggestion was received on 23 March.
Apologies for late reply.

After reviewing the request, I should like to request all documents within the time frame (since 1 October 2019) that belong to the following category:

"GMO applications: We should inform you that occasionally, EFSA
exchanges with the EC on specific GMO market registration applications
submitted to EFSA in accordance with the GMO Regulation. EFSA assesses the
safety of GM products based on the information provided by applicants and
taking into consideration comments raised by Member States. EFSA provides
its scientific opinion to EC when a comprehensive risk assessment is
completed."

I hope this helps clarify my request and to limit it to a manageable level.

Yours sincerely,

Kenneth Haar

EFSA.public.access.to.documents, Autorité européenne de sécurité des aliments

4 Attachments

Dear Mr Haar,

 

Thank you for your e-mail of 24 April 2020 in relation to your request for
public access to documents registered by EFSA as PAD 2020/023 in
accordance with [1]Regulation (EC) No 1049/2001 regarding public access to
documents (hereinafter “the PAD Regulation”).

 

By means of your e-mail, you clarified that you are interested in ‘all
documents within the time frame (since 1 October 2019) that belong to the
following category:

 

“GMO applications: We should inform you that occasionally, EFSA exchanges
with the EC on specific GMO market registration applications submitted to
EFSA in accordance with the GMO Regulation. EFSA assesses the safety of GM
products based on the information provided by applicants and taking into
consideration comments raised by Member States. EFSA provides its
scientific opinion to EC when a comprehensive risk assessment is
completed”’ .

 

Please be informed that your request is now being processed as quickly as
possible in accordance with the PAD Regulation.

 

We will revert to you by 18 May 2020 at the latest.

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

[2]Description: cid:image001.jpg@01CF4F1E.E87FB350

 

Via Carlo Magno 1A

I-43126 Parma
Italy

[3]www.efsa.europa.eu

[4]twitter.com/EFSA_EU [5]Twitter_logo_blue

[6]youtube.com/EFSAchannel [7]YouTube-logo-full_color

[8]linkedin.com/company/efsa [9]cid:image001.jpg@01D2CF04.BC744140

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

Afficher les sections citées

EFSA.public.access.to.documents, Autorité européenne de sécurité des aliments

4 Attachments

Dear Mr Haar,

 

Further to our e-mail of 27 April 2020, by means of which we acknowledged
receipt of your clarificatory e-mail of 24 April 2020 regarding your
request for access to documents registered at EFSA as PAD 2020/023, I
would like to reiterate that your request is being processed as quickly as
possible in accordance with the provisions of [1]Regulation (EC) No
1049/2001 regarding public access to documents (hereinafter “the PAD
Regulation”).

 

However, I regret to inform you that due to the fact that EFSA is still in
the process of clarifying the confidential status of the requested
documents we have to extend the deadline to reply to your request by 15
working days in accordance with Article 7(3) of the PAD Regulation. Please
accept our apologies for any inconvenience caused by this delay.

 

We will revert to you by 11 June 2020 at the latest.

 

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

[2]Description: cid:image001.jpg@01CF4F1E.E87FB350

 

Via Carlo Magno 1A

I-43126 Parma
Italy

[3][email address] 
[4]www.efsa.europa.eu

[5]twitter.com/EFSA_EU [6]Twitter_logo_blue

[7]youtube.com/EFSAchannel [8]YouTube-logo-full_color

[9]linkedin.com/company/efsa [10]cid:image001.jpg@01D2CF04.BC744140

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

From: MESNAOUI Mariama <[11][email address]> On Behalf Of
EFSA.public.access.to.documents
Sent: Monday 27 April 2020 16:37
To: Kenneth Haar <[12][FOI #7721 email]>
Cc: EFSA.public.access.to.documents
<[13][email address]>
Subject: PAD 2020/023_Acknowledgement of clarification_Your request of 2
March 2020

 

Dear Mr Haar,

 

Thank you for your e-mail of 24 April 2020 in relation to your request for
public access to documents registered by EFSA as PAD 2020/023 in
accordance with [14]Regulation (EC) No 1049/2001 regarding public access
to documents (hereinafter “the PAD Regulation”).

 

By means of your e-mail, you clarified that you are interested in ‘all
documents within the time frame (since 1 October 2019) that belong to the
following category:

 

“GMO applications: We should inform you that occasionally, EFSA exchanges
with the EC on specific GMO market registration applications submitted to
EFSA in accordance with the GMO Regulation. EFSA assesses the safety of GM
products based on the information provided by applicants and taking into
consideration comments raised by Member States. EFSA provides its
scientific opinion to EC when a comprehensive risk assessment is
completed”’ .

 

Please be informed that your request is now being processed as quickly as
possible in accordance with the PAD Regulation.

 

We will revert to you by 18 May 2020 at the latest.

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

[15]Description: cid:image001.jpg@01CF4F1E.E87FB350

 

Via Carlo Magno 1A

I-43126 Parma
Italy

[16]www.efsa.europa.eu

[17]twitter.com/EFSA_EU [18]Twitter_logo_blue

[19]youtube.com/EFSAchannel [20]YouTube-logo-full_color

[21]linkedin.com/company/efsa [22]cid:image001.jpg@01D2CF04.BC744140

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

Afficher les sections citées

EFSA.public.access.to.documents, Autorité européenne de sécurité des aliments

4 Attachments

 

Parma, 11 June 2020

Ref. DD/NN/mm (2020) – out-23427550

 

Kenneth Haar

E-mail:  [1][FOI #7721 email]

 

Re.:     Your request for public access to documents of 2 March 2020

Our ref.: PAD 2020/023

 

Dear Mr Haar,

 

I refer to your e-mail of 24 April 2020 in relation to your request for
public access to documents registered by EFSA as PAD 2020/023 in
accordance with [2]Regulation (EC) No 1049/2001 (hereinafter “the PAD
Regulation”).

 

By means of your e-mail, you clarified that you are interested in ‘all
documents within the time frame (since 1 October 2019) that belong to the
following category:

“GMO applications: We should inform you that occasionally, EFSA exchanges
with the EC on specific GMO market registration applications submitted to
EFSA in accordance with the GMO Regulation. EFSA assesses the safety of GM
products based on the information provided by applicants and taking into
consideration comments raised by Member States. EFSA provides its
scientific opinion to EC when a comprehensive risk assessment is
completed”’ .

 

In view of the large number of documents EFSA is processing under the PAD
Regulation and the fact that EFSA is still in the process clarifying the
confidential status of the requested documents, including consultations in
accordance with Article 4(4) of the PAD Regulation, we would like to
confer with you with a view to finding a fair solution pursuant to Article
6(3) of the PAD Regulation, to provide you with a reply on the
accessibility of the requested documents as soon as possible and by 15
July 2020 at the latest. Please accept our apologies for any inconvenience
caused by this delay.

 

You may rest assured that we are doing our utmost to process your request
as quickly as possible in accordance with the provisions of the PAD
Regulation and we will continue to update you on the progress of the
processing in accordance with the relevant timelines of that legal
framework.

 

Should you require any information or clarification regarding the
processing of your request in the meantime, please do not hesitate to
contact us by writing to the following functional mailbox:
[3][email address].

 

Yours sincerely,

 

Luisa Venier

EFSA Public Access to Documents team

Legal & Assurance Services / Business Services Department

 

 

From: MESNAOUI Mariama <[4][email address]> On Behalf Of
EFSA.public.access.to.documents
Sent: 18 May 2020 15:06
To: [5][FOI #7721 email]
Cc: EFSA.public.access.to.documents
<[6][email address]>
Subject: PAD 2020_023_Extension_Your request of 2 March 2020

 

Dear Mr Haar,

 

Further to our e-mail of 27 April 2020, by means of which we acknowledged
receipt of your clarificatory e-mail of 24 April 2020 regarding your
request for access to documents registered at EFSA as PAD 2020/023, I
would like to reiterate that your request is being processed as quickly as
possible in accordance with the provisions of [7]Regulation (EC) No
1049/2001 regarding public access to documents (hereinafter “the PAD
Regulation”).

 

However, I regret to inform you that due to the fact that EFSA is still in
the process of clarifying the confidential status of the requested
documents we have to extend the deadline to reply to your request by 15
working days in accordance with Article 7(3) of the PAD Regulation. Please
accept our apologies for any inconvenience caused by this delay.

 

We will revert to you by 11 June 2020 at the latest.

 

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

[8]Description: cid:image001.jpg@01CF4F1E.E87FB350

 

Via Carlo Magno 1A

I-43126 Parma
Italy

[9][email address] 
[10]www.efsa.europa.eu

[11]twitter.com/EFSA_EU [12]Twitter_logo_blue

[13]youtube.com/EFSAchannel [14]YouTube-logo-full_color

[15]linkedin.com/company/efsa [16]cid:image001.jpg@01D2CF04.BC744140

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

From: MESNAOUI Mariama <[17][email address]> On Behalf Of
EFSA.public.access.to.documents
Sent: Monday 27 April 2020 16:37
To: Kenneth Haar <[18][FOI #7721 email]>
Cc: EFSA.public.access.to.documents
<[19][email address]>
Subject: PAD 2020/023_Acknowledgement of clarification_Your request of 2
March 2020

 

Dear Mr Haar,

 

Thank you for your e-mail of 24 April 2020 in relation to your request for
public access to documents registered by EFSA as PAD 2020/023 in
accordance with [20]Regulation (EC) No 1049/2001 regarding public access
to documents (hereinafter “the PAD Regulation”).

 

By means of your e-mail, you clarified that you are interested in ‘all
documents within the time frame (since 1 October 2019) that belong to the
following category:

 

“GMO applications: We should inform you that occasionally, EFSA exchanges
with the EC on specific GMO market registration applications submitted to
EFSA in accordance with the GMO Regulation. EFSA assesses the safety of GM
products based on the information provided by applicants and taking into
consideration comments raised by Member States. EFSA provides its
scientific opinion to EC when a comprehensive risk assessment is
completed”’ .

 

Please be informed that your request is now being processed as quickly as
possible in accordance with the PAD Regulation.

 

We will revert to you by 18 May 2020 at the latest.

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

[21]Description: cid:image001.jpg@01CF4F1E.E87FB350

 

Via Carlo Magno 1A

I-43126 Parma
Italy

[22]www.efsa.europa.eu

[23]twitter.com/EFSA_EU [24]Twitter_logo_blue

[25]youtube.com/EFSAchannel [26]YouTube-logo-full_color

[27]linkedin.com/company/efsa [28]cid:image001.jpg@01D2CF04.BC744140

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

Afficher les sections citées

EFSA.public.access.to.documents, Autorité européenne de sécurité des aliments

4 Attachments

 

Parma, 15 July 2020

Ref. DD/NN/mm (2020) – out-23558689

 

Kenneth Haar

E-mail:  [1][FOI #7721 email]

 

Re.:     Your request for public access to documents of 2 March 2020

Our ref.: PAD 2020/023

 

Dear Mr Haar,

I refer to our e-mail of 11 June 2020 regarding your request for public
access to documents registered by EFSA as PAD 2020/023.

 

Please rest assured that your request is being processed as quickly as
possible in accordance with the provisions of [2]Regulation (EC) No
1049/2001 on public access to documents (hereinafter “the PAD
Regulation”).

 

However, we regret to inform you that contrary to our expectations the
assessment on the accessibility of the documents in the scope of your
request, which includes a consultation with the third party owners of the
documents in accordance with Article 4(4) of the PAD Regulation, has not
come to a conclusive end yet. With reference to EFSA’s e-mail of 11 June
2020 we would therefore like to confer with you to reply to you in a
timeframe which allows for the finalisation of the process and by 18
August 2020 at the latest. Please accept our apologies for any
inconvenience caused by this additional delay which is partly due to the
summer holiday period resulting in an inevitable reduction of staff
resources.

 

Should you require any information or clarification regarding the
processing of your request in the meantime, please do not hesitate to
contact us by writing to the following functional mailbox:
[3][email address]. We are also available
for a telephone call on the practical arrangements regarding the
processing of your request for access to documents should this be of
interest to you.

 

Yours sincerely,

 

Luisa Venier

EFSA Public Access to Documents team

Legal & Assurance Services / Business Services Department

 

 

 

From: VENIER Luisa <[4][email address]> On Behalf Of
EFSA.public.access.to.documents
Sent: 11 June 2020 16:39
To: [5][FOI #7721 email]
Cc: EFSA.public.access.to.documents
<[6][email address]>
Subject: PAD 2020_023_Fair solution_Your request of 2 March 2020

 

 

Parma, 11 June 2020

Ref. DD/NN/mm (2020) – out-23427550

 

Kenneth Haar

E-mail:  [7][FOI #7721 email]

 

Re.:     Your request for public access to documents of 2 March 2020

Our ref.: PAD 2020/023

 

Dear Mr Haar,

 

I refer to your e-mail of 24 April 2020 in relation to your request for
public access to documents registered by EFSA as PAD 2020/023 in
accordance with [8]Regulation (EC) No 1049/2001 (hereinafter “the PAD
Regulation”).

 

By means of your e-mail, you clarified that you are interested in ‘all
documents within the time frame (since 1 October 2019) that belong to the
following category:

“GMO applications: We should inform you that occasionally, EFSA exchanges
with the EC on specific GMO market registration applications submitted to
EFSA in accordance with the GMO Regulation. EFSA assesses the safety of GM
products based on the information provided by applicants and taking into
consideration comments raised by Member States. EFSA provides its
scientific opinion to EC when a comprehensive risk assessment is
completed”’ .

 

In view of the large number of documents EFSA is processing under the PAD
Regulation and the fact that EFSA is still in the process clarifying the
confidential status of the requested documents, including consultations in
accordance with Article 4(4) of the PAD Regulation, we would like to
confer with you with a view to finding a fair solution pursuant to Article
6(3) of the PAD Regulation, to provide you with a reply on the
accessibility of the requested documents as soon as possible and by 15
July 2020 at the latest. Please accept our apologies for any inconvenience
caused by this delay.

 

You may rest assured that we are doing our utmost to process your request
as quickly as possible in accordance with the provisions of the PAD
Regulation and we will continue to update you on the progress of the
processing in accordance with the relevant timelines of that legal
framework.

 

Should you require any information or clarification regarding the
processing of your request in the meantime, please do not hesitate to
contact us by writing to the following functional mailbox:
[9][email address].

 

Yours sincerely,

 

Luisa Venier

EFSA Public Access to Documents team

Legal & Assurance Services / Business Services Department

 

 

From: MESNAOUI Mariama <[10][email address]> On Behalf Of
EFSA.public.access.to.documents
Sent: 18 May 2020 15:06
To: [11][FOI #7721 email]
Cc: EFSA.public.access.to.documents
<[12][email address]>
Subject: PAD 2020_023_Extension_Your request of 2 March 2020

 

Dear Mr Haar,

 

Further to our e-mail of 27 April 2020, by means of which we acknowledged
receipt of your clarificatory e-mail of 24 April 2020 regarding your
request for access to documents registered at EFSA as PAD 2020/023, I
would like to reiterate that your request is being processed as quickly as
possible in accordance with the provisions of [13]Regulation (EC) No
1049/2001 regarding public access to documents (hereinafter “the PAD
Regulation”).

 

However, I regret to inform you that due to the fact that EFSA is still in
the process of clarifying the confidential status of the requested
documents we have to extend the deadline to reply to your request by 15
working days in accordance with Article 7(3) of the PAD Regulation. Please
accept our apologies for any inconvenience caused by this delay.

 

We will revert to you by 11 June 2020 at the latest.

 

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

[14]Description: cid:image001.jpg@01CF4F1E.E87FB350

 

Via Carlo Magno 1A

I-43126 Parma
Italy

[15][email address] 
[16]www.efsa.europa.eu

[17]twitter.com/EFSA_EU [18]Twitter_logo_blue

[19]youtube.com/EFSAchannel [20]YouTube-logo-full_color

[21]linkedin.com/company/efsa [22]cid:image001.jpg@01D2CF04.BC744140

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

From: MESNAOUI Mariama <[23][email address]> On Behalf Of
EFSA.public.access.to.documents
Sent: Monday 27 April 2020 16:37
To: Kenneth Haar <[24][FOI #7721 email]>
Cc: EFSA.public.access.to.documents
<[25][email address]>
Subject: PAD 2020/023_Acknowledgement of clarification_Your request of 2
March 2020

 

Dear Mr Haar,

 

Thank you for your e-mail of 24 April 2020 in relation to your request for
public access to documents registered by EFSA as PAD 2020/023 in
accordance with [26]Regulation (EC) No 1049/2001 regarding public access
to documents (hereinafter “the PAD Regulation”).

 

By means of your e-mail, you clarified that you are interested in ‘all
documents within the time frame (since 1 October 2019) that belong to the
following category:

 

“GMO applications: We should inform you that occasionally, EFSA exchanges
with the EC on specific GMO market registration applications submitted to
EFSA in accordance with the GMO Regulation. EFSA assesses the safety of GM
products based on the information provided by applicants and taking into
consideration comments raised by Member States. EFSA provides its
scientific opinion to EC when a comprehensive risk assessment is
completed”’ .

 

Please be informed that your request is now being processed as quickly as
possible in accordance with the PAD Regulation.

 

We will revert to you by 18 May 2020 at the latest.

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

[27]Description: cid:image001.jpg@01CF4F1E.E87FB350

 

Via Carlo Magno 1A

I-43126 Parma
Italy

[28]www.efsa.europa.eu

[29]twitter.com/EFSA_EU [30]Twitter_logo_blue

[31]youtube.com/EFSAchannel [32]YouTube-logo-full_color

[33]linkedin.com/company/efsa [34]cid:image001.jpg@01D2CF04.BC744140

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

Afficher les sections citées

EFSA.public.access.to.documents, Autorité européenne de sécurité des aliments

4 Attachments

Dear Mr. Haar,

Further to our message of 15 July 2020 in relation to your request for
public access to documents registered by EFSA as PAD 2020/023, I would
like to inform you that we are completing the last steps in the processing
of your request in accordance with the provisions of [1]Regulation (EC) No
1049/2001 regarding public access to documents.

 

Concretely, we have concluded the consultations with the document owners
and are currently in the process of preparing the documents for
release. We will provide you with a reply by beginning of next week at the
latest. Please accept our apologies for any inconvenience caused by this
short delay.

 

Should you require any information or clarification regarding the
processing of your request in the meantime, please do not hesitate to
contact us by writing to the following functional mailbox:
[2][email address].

 

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

 

Via Carlo Magno 1A

IT-43126 Parma
Italy

Tel. +39 0521036264 
[3][email address] 
[4]www.efsa.europa.eu

[5]twitter.com/EFSA_EU [6]Twitter_logo_blue

[7]youtube.com/EFSAchannel [8]YouTube-logo-full_color

[9]linkedin.com/company/efsa [10][IMG]

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

 

From: VENIER Luisa <[11][email address]> On Behalf Of
EFSA.public.access.to.documents
Sent: 15 July 2020 21:13
To: [12][FOI #7721 email]
Cc: EFSA.public.access.to.documents
<[13][email address]>
Subject: PAD 2020/023_Fair solution_Your request of 2 March 2020

 

 

Parma, 15 July 2020

Ref. DD/NN/mm (2020) – out-23558689

 

Kenneth Haar

E-mail:  [14][FOI #7721 email]

 

Re.:     Your request for public access to documents of 2 March 2020

Our ref.: PAD 2020/023

 

Dear Mr Haar,

I refer to our e-mail of 11 June 2020 regarding your request for public
access to documents registered by EFSA as PAD 2020/023.

 

Please rest assured that your request is being processed as quickly as
possible in accordance with the provisions of [15]Regulation (EC) No
1049/2001 on public access to documents (hereinafter “the PAD
Regulation”).

 

However, we regret to inform you that contrary to our expectations the
assessment on the accessibility of the documents in the scope of your
request, which includes a consultation with the third party owners of the
documents in accordance with Article 4(4) of the PAD Regulation, has not
come to a conclusive end yet. With reference to EFSA’s e-mail of 11 June
2020 we would therefore like to confer with you to reply to you in a
timeframe which allows for the finalisation of the process and by 18
August 2020 at the latest. Please accept our apologies for any
inconvenience caused by this additional delay which is partly due to the
summer holiday period resulting in an inevitable reduction of staff
resources.

 

Should you require any information or clarification regarding the
processing of your request in the meantime, please do not hesitate to
contact us by writing to the following functional mailbox:
[16][email address]. We are also available
for a telephone call on the practical arrangements regarding the
processing of your request for access to documents should this be of
interest to you.

 

Yours sincerely,

 

Luisa Venier

EFSA Public Access to Documents team

Legal & Assurance Services / Business Services Department

 

 

 

From: VENIER Luisa <[17][email address]> On Behalf Of
EFSA.public.access.to.documents
Sent: 11 June 2020 16:39
To: [18][FOI #7721 email]
Cc: EFSA.public.access.to.documents
<[19][email address]>
Subject: PAD 2020_023_Fair solution_Your request of 2 March 2020

 

 

Parma, 11 June 2020

Ref. DD/NN/mm (2020) – out-23427550

 

Kenneth Haar

E-mail:  [20][FOI #7721 email]

 

Re.:     Your request for public access to documents of 2 March 2020

Our ref.: PAD 2020/023

 

Dear Mr Haar,

 

I refer to your e-mail of 24 April 2020 in relation to your request for
public access to documents registered by EFSA as PAD 2020/023 in
accordance with [21]Regulation (EC) No 1049/2001 (hereinafter “the PAD
Regulation”).

 

By means of your e-mail, you clarified that you are interested in ‘all
documents within the time frame (since 1 October 2019) that belong to the
following category:

“GMO applications: We should inform you that occasionally, EFSA exchanges
with the EC on specific GMO market registration applications submitted to
EFSA in accordance with the GMO Regulation. EFSA assesses the safety of GM
products based on the information provided by applicants and taking into
consideration comments raised by Member States. EFSA provides its
scientific opinion to EC when a comprehensive risk assessment is
completed”’ .

 

In view of the large number of documents EFSA is processing under the PAD
Regulation and the fact that EFSA is still in the process clarifying the
confidential status of the requested documents, including consultations in
accordance with Article 4(4) of the PAD Regulation, we would like to
confer with you with a view to finding a fair solution pursuant to Article
6(3) of the PAD Regulation, to provide you with a reply on the
accessibility of the requested documents as soon as possible and by 15
July 2020 at the latest. Please accept our apologies for any inconvenience
caused by this delay.

 

You may rest assured that we are doing our utmost to process your request
as quickly as possible in accordance with the provisions of the PAD
Regulation and we will continue to update you on the progress of the
processing in accordance with the relevant timelines of that legal
framework.

 

Should you require any information or clarification regarding the
processing of your request in the meantime, please do not hesitate to
contact us by writing to the following functional mailbox:
[22][email address].

 

Yours sincerely,

 

Luisa Venier

EFSA Public Access to Documents team

Legal & Assurance Services / Business Services Department

 

 

From: MESNAOUI Mariama <[23][email address]> On Behalf Of
EFSA.public.access.to.documents
Sent: 18 May 2020 15:06
To: [24][FOI #7721 email]
Cc: EFSA.public.access.to.documents
<[25][email address]>
Subject: PAD 2020_023_Extension_Your request of 2 March 2020

 

Dear Mr Haar,

 

Further to our e-mail of 27 April 2020, by means of which we acknowledged
receipt of your clarificatory e-mail of 24 April 2020 regarding your
request for access to documents registered at EFSA as PAD 2020/023, I
would like to reiterate that your request is being processed as quickly as
possible in accordance with the provisions of [26]Regulation (EC) No
1049/2001 regarding public access to documents (hereinafter “the PAD
Regulation”).

 

However, I regret to inform you that due to the fact that EFSA is still in
the process of clarifying the confidential status of the requested
documents we have to extend the deadline to reply to your request by 15
working days in accordance with Article 7(3) of the PAD Regulation. Please
accept our apologies for any inconvenience caused by this delay.

 

We will revert to you by 11 June 2020 at the latest.

 

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

[27]Description: cid:image001.jpg@01CF4F1E.E87FB350

 

Via Carlo Magno 1A

I-43126 Parma
Italy

[28][email address] 
[29]www.efsa.europa.eu

[30]twitter.com/EFSA_EU [31]Twitter_logo_blue

[32]youtube.com/EFSAchannel [33]YouTube-logo-full_color

[34]linkedin.com/company/efsa [35]cid:image001.jpg@01D2CF04.BC744140

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

From: MESNAOUI Mariama <[36][email address]> On Behalf Of
EFSA.public.access.to.documents
Sent: Monday 27 April 2020 16:37
To: Kenneth Haar <[37][FOI #7721 email]>
Cc: EFSA.public.access.to.documents
<[38][email address]>
Subject: PAD 2020/023_Acknowledgement of clarification_Your request of 2
March 2020

 

Dear Mr Haar,

 

Thank you for your e-mail of 24 April 2020 in relation to your request for
public access to documents registered by EFSA as PAD 2020/023 in
accordance with [39]Regulation (EC) No 1049/2001 regarding public access
to documents (hereinafter “the PAD Regulation”).

 

By means of your e-mail, you clarified that you are interested in ‘all
documents within the time frame (since 1 October 2019) that belong to the
following category:

 

“GMO applications: We should inform you that occasionally, EFSA exchanges
with the EC on specific GMO market registration applications submitted to
EFSA in accordance with the GMO Regulation. EFSA assesses the safety of GM
products based on the information provided by applicants and taking into
consideration comments raised by Member States. EFSA provides its
scientific opinion to EC when a comprehensive risk assessment is
completed”’ .

 

Please be informed that your request is now being processed as quickly as
possible in accordance with the PAD Regulation.

 

We will revert to you by 18 May 2020 at the latest.

 

Yours sincerely,

 

Mariama Mesnaoui

Public Access to documents Team

Legal and Assurance Services

[40]Description: cid:image001.jpg@01CF4F1E.E87FB350

 

Via Carlo Magno 1A

I-43126 Parma
Italy

[41]www.efsa.europa.eu

[42]twitter.com/EFSA_EU [43]Twitter_logo_blue

[44]youtube.com/EFSAchannel [45]YouTube-logo-full_color

[46]linkedin.com/company/efsa [47]cid:image001.jpg@01D2CF04.BC744140

 

This e-mail, including its attachments, is intended only for the use of
the recipient(s) named above. Unless you are a named recipient (or
authorized by a recipient), access to this e-mail message or any
disclosure or copying of its content, or any action taken in reliance on
it is unauthorized and may be unlawful.  If you are not the intended
recipient, please let the sender know immediately.

 

 

Afficher les sections citées

EFSA.public.access.to.documents, Autorité européenne de sécurité des aliments

 

Parma, 27 August 2020

Ref. DD/NN/mm (2020) – out-23711420

 

Kenneth Haar

Overgaden oven Vandet 12

DK-1415 Copenhagen K

Denmark

 

E-mail: [1][FOI #7721 email];

[2][email address]

 

 

Re:         Your request for public access to documents clarified on 24
April 2020

       Our ref.: PAD 2020/023

 

Dear Mr Haar,

 

I refer to your request of 2 March 2020, by means of which you requested
access to “documents which contain the following information:

 1. All written communication since 1 October 2019 between EFSA and the
European Commission concerning GMOs (including gene-editing),
including minutes of meetings, emails and any other kind of written
communication between the two institutions;
 2. A list of meetings and the minutes of meetings between EFSA and the
European Commission concerning GMOs (including gene-editing) since 1
October 2019.”

 

By means of your e-mail of 24 April 2020 you clarified that you are
interested in ‘all documents within the time frame (since 1 October 2019)
that belong to the following category:

 

“GMO applications: We should inform you that occasionally, EFSA exchanges
with the EC on specific GMO market registration applications submitted to
EFSA in accordance with the GMO Regulation. EFSA assesses the safety of GM
products based on the information provided by applicants and taking into
consideration comments raised by Member States. EFSA provides its
scientific opinion to EC when a comprehensive risk assessment is
completed”’.

 

Please be informed that we have considered the correspondence up to 24
April 2020, the date of the clarification of your request, to be in the
scope of the present request.

 

Your request has been processed in accordance with [3]Regulation (EC) No
1049/2001 regarding public access to documents (hereinafter “the PAD
Regulation”) and we are hereby providing you with a first batch of
documents in reply to your request. We will provide you with a
complementary reply concerning point 1 of your request by 17 September
2020 at the latest.

 

 1. Partial disclosure

 

Following a consultation with the European Commission in accordance with
Article 4(4) of the PAD Regulation, we are pleased to address point 1 of
your request by providing you with access to written communication between
EFSA and the European Commission DG SANTE recorded in the timeframe 1
October 2019 to 24 April 2020.

 

Please be informed that all personal data present in the documents
released to you (i.e. names, contact details and information allowing the
direct and/or indirect identification of data subjects) have been masked
in accordance with Article 4(1)(b) of the PAD Regulation relating to the
protection of the privacy and integrity of individuals.

 

In accordance with [4]settled case-law of the Court of Justice of the
European Union (CJEU), this exception to disclosure is to be interpreted
as a referral to [5]Regulation (EU) 2018/1725 (hereinafter “the Data
Protection Regulation”) which becomes applicable in its entirety.  Article
9(1)(b) of the Data Protection Regulation provides for the requirements to
transmit personal data to recipients established in the European Union.
Taking account of the settled case law, EFSA will only be able to balance
the interests at stake and to consider the disclosure of the personal data
after you have provided an express and legitimate justification and
convincing arguments in order to demonstrate the necessity for their
transmission to you for a specific purpose in the public interest in the
sense of Article 9(1)(b) of the Data Protection Regulation (so-called
“necessity test”).

 

We should point out that, having regard to the fact that personal data
contained in these documents were redacted manually, EFSA cannot fully
exclude the possibility that certain personal data are inadvertently
disclosed to you. Should this be the case, we urge you to treat any such
residual personal data with the utmost discretion in order to avoid
undermining the privacy and integrity of the individual(s) concerned.

 

The documents will be send to your e-mail address
[6][email address]. We hope you find the disclosed
documents 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 any holder
of copyright.

 

Finally, having duly considered point 2 of your request and after internal
verifications  on the existence of any document pertaining to this point
of your request, I would like to inform you that for the time period
within the scope of your request, i.e. from 1 October 2019 to 24 April
2020, EFSA did not have meetings with the European Commission focussed on
specific GMO market registration applications. Therefore, EFSA is not in
the possession of any relevant document concerning point 2 of your
request. Please note that in application of the case law of the European
Courts, a presumption of legality is attached to any statement made by an
institution concerning the non-existence of documents requested. See in
this regard [7]Case T-42/05, Williams v Commission, T-380/04,
ECLI:EU:T:2008:325; [8]Joined Cases T-110/03, Ioannis Terezakis v.
Commission, ECLI:EU:T:2008:19; [9]Case T-150/03, Sison v. Council [2005]
ECLI:EU:T:2005:143. 

 

 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. 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 available.

 

Confirmatory applications must be sent to:

EFSA

Bernhard Url, Executive Director

Via Carlo Magno 1/A

IT – 43126 Parma

Italy

E-mail: [10][email address]

 

Yours sincerely,

 

 

Luisa Venier

EFSA Public Access to Documents team

Legal & Assurance Services / Business Services Department

 

 

Cc:     E. Waigmann (EFSA)

 

 

 

Afficher les sections citées

EFSA.public.access.to.documents, Autorité européenne de sécurité des aliments

Parma, 17 September 2020

Ref. DD/NN/mm (2020) – out-23797998

 

Kenneth Haar

Overgaden oven Vandet 12

DK-1415 Copenhagen K

Denmark

 

E-mail: [1][FOI #7721 email];

[2][email address]

 

 

Re: Your request for public access to documents clarified on 24 April 2020

Our ref.: PAD 2020/023

 

Dear Mr Haar,

 

I refer to your request of 2 March 2020, by means of which you requested
access to “documents which contain the following information:

 1. All written communication since 1 October 2019 between EFSA and the
European Commission concerning GMOs (including gene-editing),
including minutes of meetings, emails and any other kind of written
communication between the two institutions;
 2. A list of meetings and the minutes of meetings between EFSA and the
European Commission concerning GMOs (including gene-editing) since 1
October 2019.”

 

By means of your e-mail of 24 April 2020 you clarified that you are
interested in ‘all documents within the time frame (since 1 October 2019)
that belong to the following category:

 

“GMO applications: We should inform you that occasionally, EFSA exchanges
with the EC on specific GMO market registration applications submitted to
EFSA in accordance with the GMO Regulation. EFSA assesses the safety of GM
products based on the information provided by applicants and taking into
consideration comments raised by Member States. EFSA provides its
scientific opinion to EC when a comprehensive risk assessment is
completed”’.

 

Please be informed that we have considered the direct correspondence
between EFSA and the European Commission from 1 October 2019 up to 24
April 2020, the date of the clarification of your request, to be in the
scope of the present request.

 

Your request has been processed in accordance with [3]Regulation (EC) No
1049/2001 regarding public access to documents (hereinafter “the PAD
Regulation”) and we are hereby providing you with a second and final batch
of documents in reply to your request.

 

 1. Partial disclosure

 

Following a consultation with the European Commission in accordance with
Article 4(4) of the PAD Regulation, we are pleased to complement our reply
in relation to point 1 of your request by providing you with access to
written communication between EFSA and the European Commission DG JRC
recorded in the timeframe 1 October 2019 to 24 April 2020.

 

Please be informed that all personal data present in the documents
released to you (i.e. names, contact details and information allowing the
direct and/or indirect identification of data subjects) have been masked
in accordance with Article 4(1)(b) of the PAD Regulation relating to the
protection of the privacy and integrity of individuals.

 

In accordance with [4]settled case-law of the Court of Justice of the
European Union (CJEU), this exception to disclosure is to be interpreted
as a referral to [5]Regulation (EU) 2018/1725 (hereinafter “the Data
Protection Regulation”) which becomes applicable in its entirety. Article
9(1)(b) of the Data Protection Regulation provides for the requirements to
transmit personal data to recipients established in the European Union.
Taking account of the settled case law, EFSA will only be able to balance
the interests at stake and to consider the disclosure of the personal data
after you have provided an express and legitimate justification and
convincing arguments in order to demonstrate the necessity for their
transmission to you for a specific purpose in the public interest in the
sense of Article 9(1)(b) of the Data Protection Regulation (so-called
“necessity test”).

 

We should point out that, having regard to the fact that personal data
contained in these documents were redacted manually, EFSA cannot fully
exclude the possibility that certain personal data are inadvertently
disclosed to you. Should this be the case, we urge you to treat any such
residual personal data with the utmost discretion in order to avoid
undermining the privacy and integrity of the individual(s) concerned.

 

The documents will be send to your e-mail address
[6][email address]. We hope you find the disclosed
documents 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 any holder
of copyright.

 

 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. 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 available.

 

Confirmatory applications must be sent to:

EFSA

Bernhard Url, Executive Director

Via Carlo Magno 1/A

IT – 43126 Parma

Italy

E-mail: [7][email address]

Yours sincerely,

 

Luisa Venier

EFSA Public Access to Documents team

Legal & Assurance Services / Business Services Department

 

 

 

 

From: VENIER Luisa <[8][email address]> On Behalf Of
EFSA.public.access.to.documents
Sent: Thursday 27 August 2020 14:36
To: [9][FOI #7721 email]
Cc: EFSA.public.access.to.documents
<[10][email address]>; WAIGMANN Elisabeth
<[11][email address]>
Subject: FW: PAD 2020/023_Disclosure_first batch_Your request of
24/04/2020

 

 

Parma, 27 August 2020

Ref. DD/NN/mm (2020) – out-23711420

 

Kenneth Haar

Overgaden oven Vandet 12

DK-1415 Copenhagen K

Denmark

 

E-mail: [12][FOI #7721 email];

[13][email address]

 

 

Re:         Your request for public access to documents clarified on 24
April 2020

       Our ref.: PAD 2020/023

 

Dear Mr Haar,

 

I refer to your request of 2 March 2020, by means of which you requested
access to “documents which contain the following information:

 1. All written communication since 1 October 2019 between EFSA and the
European Commission concerning GMOs (including gene-editing),
including minutes of meetings, emails and any other kind of written
communication between the two institutions;
 2. A list of meetings and the minutes of meetings between EFSA and the
European Commission concerning GMOs (including gene-editing) since 1
October 2019.”

 

By means of your e-mail of 24 April 2020 you clarified that you are
interested in ‘all documents within the time frame (since 1 October 2019)
that belong to the following category:

 

“GMO applications: We should inform you that occasionally, EFSA exchanges
with the EC on specific GMO market registration applications submitted to
EFSA in accordance with the GMO Regulation. EFSA assesses the safety of GM
products based on the information provided by applicants and taking into
consideration comments raised by Member States. EFSA provides its
scientific opinion to EC when a comprehensive risk assessment is
completed”’.

 

Please be informed that we have considered the correspondence up to 24
April 2020, the date of the clarification of your request, to be in the
scope of the present request.

 

Your request has been processed in accordance with [14]Regulation (EC) No
1049/2001 regarding public access to documents (hereinafter “the PAD
Regulation”) and we are hereby providing you with a first batch of
documents in reply to your request. We will provide you with a
complementary reply concerning point 1 of your request by 17 September
2020 at the latest.

 

 1. Partial disclosure

 

Following a consultation with the European Commission in accordance with
Article 4(4) of the PAD Regulation, we are pleased to address point 1 of
your request by providing you with access to written communication between
EFSA and the European Commission DG SANTE recorded in the timeframe 1
October 2019 to 24 April 2020.

 

Please be informed that all personal data present in the documents
released to you (i.e. names, contact details and information allowing the
direct and/or indirect identification of data subjects) have been masked
in accordance with Article 4(1)(b) of the PAD Regulation relating to the
protection of the privacy and integrity of individuals.

 

In accordance with [15]settled case-law of the Court of Justice of the
European Union (CJEU), this exception to disclosure is to be interpreted
as a referral to [16]Regulation (EU) 2018/1725 (hereinafter “the Data
Protection Regulation”) which becomes applicable in its entirety.  Article
9(1)(b) of the Data Protection Regulation provides for the requirements to
transmit personal data to recipients established in the European Union.
Taking account of the settled case law, EFSA will only be able to balance
the interests at stake and to consider the disclosure of the personal data
after you have provided an express and legitimate justification and
convincing arguments in order to demonstrate the necessity for their
transmission to you for a specific purpose in the public interest in the
sense of Article 9(1)(b) of the Data Protection Regulation (so-called
“necessity test”).

 

We should point out that, having regard to the fact that personal data
contained in these documents were redacted manually, EFSA cannot fully
exclude the possibility that certain personal data are inadvertently
disclosed to you. Should this be the case, we urge you to treat any such
residual personal data with the utmost discretion in order to avoid
undermining the privacy and integrity of the individual(s) concerned.

 

The documents will be send to your e-mail address
[17][email address]. We hope you find the disclosed
documents 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 any holder
of copyright.

 

Finally, having duly considered point 2 of your request and after internal
verifications  on the existence of any document pertaining to this point
of your request, I would like to inform you that for the time period
within the scope of your request, i.e. from 1 October 2019 to 24 April
2020, EFSA did not have meetings with the European Commission focussed on
specific GMO market registration applications. Therefore, EFSA is not in
the possession of any relevant document concerning point 2 of your
request. Please note that in application of the case law of the European
Courts, a presumption of legality is attached to any statement made by an
institution concerning the non-existence of documents requested. See in
this regard [18]Case T-42/05, Williams v Commission, T-380/04,
ECLI:EU:T:2008:325; [19]Joined Cases T-110/03, Ioannis Terezakis v.
Commission, ECLI:EU:T:2008:19; [20]Case T-150/03, Sison v. Council [2005]
ECLI:EU:T:2005:143. 

 

 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. 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 available.

 

Confirmatory applications must be sent to:

EFSA

Bernhard Url, Executive Director

Via Carlo Magno 1/A

IT – 43126 Parma

Italy

E-mail: [21][email address]

 

Yours sincerely,

 

 

Luisa Venier

EFSA Public Access to Documents team

Legal & Assurance Services / Business Services Department

 

 

Cc:     E. Waigmann (EFSA)

 

 

 

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