Judgment of the General Court (Eighth Chamber) of 7 March 2019 –

Hautala and Others v EFSA

(Case T‑329/17)

(Access to documents — Regulation (EC) No 1049/2001 — Documents relating to carcinogenicity studies conducted in connection with the renewal of the approval of the active substance glyphosate — Partial refusal to grant access — Exception relating to the protection of commercial interests — Overriding public interest — Regulation (EC) No 1367/2006 — Concept of information relating to emissions into the environment)

1. EU institutions — Right of public access to documents — Request for access concerning environmental information — Regulation No 1367/2006 — Information relating to emissions into the environment — Concept — Broad interpretation (European Parliament and Council Regulations No 1049/2001, Arts 1 and 4, and No 1367/2006, Recital 15 and Art. 6(1)) (see paras 60-63)

2. EU institutions — Right of public access to documents — Request for access concerning environmental information — Regulation No 1367/2006 — Information relating to emissions into the environment — Concept — Information concerning actual or foreseeable emissions into the environment — Included (European Parliament and Council Regulation No 1367/2006, Art. 6(1)) (see paras 85-88)

3. EU institutions — Right of public access to documents — Request for access concerning environmental information — Regulation No 1367/2006 — Information relating to emissions into the environment — Concept — Sufficiency of a direct link between the information and the relevant emissions — Not permissible (European Parliament and Council Regulations No 1049/2001, Art. 4(2) and No 1367/2006, Recital 2 and Arts 1, 2(1)(d) and 6(1)) (see paras 96-99)

4. International agreements — European Union Agreements — Convention on access to information, participation of the public in the decision-making process and access to justice in environmental matters (Aarhus Convention) — Effects — Primacy over secondary legislation of the European Union — Interpretation of secondary law having regard to international agreements concluded by the EU — Obligation of conforming interpretation (Aarhus Convention, Art. 4(4); European Parliament and Council Regulation No 1367/2006, Art. 6(1)) (see paras 101-103)

5. EU institutions — Right of public access to documents — Request for access concerning environmental information — Regulation No 1367/2006 — Information relating to emissions into the environment — Concept — Scope (European Parliament and Council Regulation No 1367/2006, Art. 6(1)) (see paras 106, 107, 112-114)

Re:

Application pursuant to Article 263 TFEU for the partial annulment of the EFSA decision of 14 March 2017 partially refusing access to twelve carcinogenicity studies on the active substance glyphosate, conducted in connection with the procedure for renewing the approval of that active substance in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ 2009 L 309, p. 1).

Operative part

The Court:

1. Annuls the decision of the European Food Safety Authority (EFSA) of 14 March 2017, in so far as EFSA refused access to the parts ‘material, experimental conditions and methods’ and ‘results and discussion’ of 12 carcinogenicity studies on the active substance glyphosate;

2. Orders EFSA to bear its own costs and pay the costs incurred by Ms Heidi Hautala, Ms Michèle Rivasi, Mr Benedek Jávor and Mr Bart Staes;