EFTA disclose documents on disease-ridden Norwegian salmon farming but refuse more citing commercial confidentiality

Last month Scottish Salmon Watch revealed that imports of salmon eggs (ova) into Scottish salmon farms may have restarted following a ban in May 2019 due to Infectious Salmon Anaemia (ISA). Now the European Free Trade Association has finally disclosed some documents via Freedom of Information but refused many more citing commercial confidentiality.

FOI documents disclosed @EFTAsecretariat reveal damning failures, delays & insufficient control of Infectious Salmon Anaemia in salmon farms @InfoMattilsynet @fiskeridir @IntraFishNorge @fiskeribladet @Fiskeoppdrett @undercur @Salmon_Business @GAA_Advocate @FergusEwingMSP #Norway pic.twitter.com/Zfy53HnnXX

— Don Staniford (@TheGAAIA) July 5, 2020

"Commercially sensitive information relating to a business operating in the fish farming industry in Norway" withheld @EFTAsecretariat "Protection of commercial interests" trumps the environment! @InfoMattilsynet @fiskeridir https://t.co/wUFl3P5O1j @Fiskeoppdrett @IntraFishNorge pic.twitter.com/B2KsoWoEXT

— Don Staniford (@TheGAAIA) July 8, 2020

From: Nielsen, Jonas <Jonas.Nielsen@eftasurv.int>
Date: Fri, Jul 3, 2020 at 3:25 PM
Subject: Confirmatory Decision of the EFTA Surveillance Authority regarding documents in Case 83033
To: salmonfarmingkills@gmail.com <salmonfarmingkills@gmail.com>

Dear Mr. Staniford,

A decision has now been taken on your confirmatory application of 5 May 2020.

Attached to this email you will find a pdf containing a scanned copy of:

Delegated College Decision 075/20/COL of 3 July 2020
Annex: the reasoned reply to your confirmatory application (Doc No 1136677)
Annex: list of documents (Doc No 1141423)

We are happy to provide you with the physical original of the decision and its annexes. If you would like the physical original sent to you, please provide us with a postal address.

From the decision, you will see that ESA has released four more documents from the case. You can find these documents in our public document database by clicking the following links:

Kind regards,

Jonas Nielsen
Assistant

Legal and Executive Affairs

+32 2 286 18 31
Jonas.Nielsen@eftasurv.int
www.eftasurv.int

A 24 'Delegated Decision' by EFTA dated 3 July 2020 included:

Download in full online here

Here's Doc No 1085461:

Doc No 1088471 includes:

Here's Doc No 1084306:

Here's Doc No 1077567:

Meanwhile, ISA continues to ravage salmon farms in Norway.

ISA cases surge past 2019 levels in Norway's salmon farms – Seven months in, cases have already almost doubled numbers for the whole of last year https://t.co/ZnfW1u7DXY @IntraFishNorge @InfoMattilsynet @EFTAsecretariat @FergusEwingMSP @marinescotland @fiskeridir @Seafood_Norway

— Don Staniford (@TheGAAIA) July 27, 2020

Millions of fish at risk as ISA 'suspected' at Norway Royal Salmon farms https://t.co/XA1vrjOqNv @IntraFishNorge @EFTAsecretariat @InfoMattilsynet @fiskeridir @FergusEwingMSP @norwayseafood

— Don Staniford (@TheGAAIA) July 6, 2020

Read more via:

'Scottish' salmon resumes imports of "ISA-free" eggs from Norway?

Scottish Salmon Watch filed this FOI request with the Scottish Government (8 July 2020):

From: Don Staniford <salmonfarmingkills@gmail.com>
Date: Wed, Jul 8, 2020 at 9:40 AM
Subject: FOI re. ova imports & ISA since 16 December 2019
To: <ceu@scotland.gsi.gov.uk>

Further to FOI-19-02663 responded to on 14 February 2020 please provide information on imports of ova (salmon eggs) and Infectious Salmon Anaemia (ISA) since 16 December 2019.

Please include:

Ova import data since the last imports detailed in the information disclosed via FOI-19-02663 (i.e. data since 16 December 2019).

Information in relation to discussions re. ova imports since 16 December 2019, to include discussions with the Norwegian Government, egg companies, salmon farming companies and other parties. This would also include any emails, letters, Cabinet Briefings, press updates and other information on ova imports in relation to salmon farming. It would also include any correspondence with EFTA/ESA, Mattilsynet (Norwegian Food Safety Authority), European Commission, AquaGen, Benchmark (Stofnfiskur), Landcatch (Hendrix Genetics), Mowi, Scottish Sea Farms and any other parties in relation to ova imports since 16 December 2019.

Information on any disease risks and biosecurity concerns of ova imports. This would include any discussions, emails, letters and other information relating to Infectious Salmon Anaemia (ISA) which would certainly include reference to Norwegian salmon farming.

There's more context on this issue via:

EFTA disclose documents on disease-ridden Norwegian salmon farming but refuse more citing commercial confidentiality

FOI letter to Norwegian Food Safety Authority re. Infectious Salmon Anaemia

FOI Dossier – Norwegian Ova Banned Due to ISA

Letter to Scottish Ministers: "Bio-security Protocols & Safety Precautions re. Ova Imports"

Norwegian Salmon Egg Exports Banned Due to Disease Risks

Please consider this a formal request for information under the relevant FOI and Environmental Information regulations.

Please provide the information electronically.

Please provide a receipt for this FOI request.

Thanks,

Don Staniford

Director, Scottish Salmon Watch

From: <casehandling.service@gov.scot>
Date: Fri, Aug 7, 2020 at 10:08 PM
Subject: Your recent correspondence with Scottish Government and partner agencies – 202000058422
To: <salmonfarmingkills@gmail.com>

Please find attached a response to your correspondence.

FOI reply SG 7 August 2020 letter 202000058422-1

FOI reply SG 7 August 2020 – Import data – information to release-1

FOI reply SG 7 Aug 2020 Word disclosure 26 pages

From: Don Staniford <salmonfarmingkills@gmail.com>
Date: Tue, Aug 18, 2020 at 1:45 PM
Subject: Review re FOI 202000058422
To: <directormarinescotland@gov.scot>
Cc: <Neil.Purvis@gov.scot>

Please consider this a formal request for a review of FOI/202000058422.

Firstly, I do not see the FOI reply posted online?

https://www.gov.scot/publications/?publicationTypes=foi-eir-release

Will you be posting the FOI disclosure online?

Could you please double-check that the FOI reply is complete and all documents have been included?

Scottish Salmon Watch's FOI request dated 8 July 2020 included:

However, the Scottish Government's FOI reply failed to include any information relating to discussions with the Norwegian Government, EFTA/ESA or Mattilsynet (Norwegian Food Safety Authority).

Moreover, the Excel document disclosing data on ova imports included two shipments from AquaGen in Norway dated 8 April 2020:

Yet Mattilsynet did not issue a press release on the lifting of ISA import restrictions until 23 April 2020 via https://www.mattilsynet.no/language/english/fish_and_aquaculture/fish_health/areas_declared_free_from_infectious_salmon_anaemia_isa.19431

Although an article published in June 2020 in The Advocate stated via: https://www.aquaculturealliance.org/advocate/salmon-ova-transport-ban-between-norway-and-scotland-brought-on-by-isa-slowly-ending/

"The company’s [AquaGen's] hatchery in Rimstad, Norway, was given the all-clear for export in April, and eggs stripped from broodstock held at a Nofima-operated land based unit can once again be transported there for incubation…. The [Scottish Government] spokesperson added that the Norwegian Food Safety Authority lifted its self-imposed suspension of health certification of live fish, ova and gametes from a number of ISA-free zones and compartments in March 2020."

An email from DEFRA dated 12 March 2020 did include some specifics on the Norwegian ban being lifted from 6 March 2020:

Surely there is more information than the information disclosed on 7 August by the Scottish Government?

For example, AquaGen's press statement – cited as a PDF in the FOI disclosure (Word) surely generated some internal discussion?

Scottish Salmon Watch asks you to review the FOI reply and double-check the completeness of the information disclosed.

On p13 of the FOI disclosure in Word it cites:

However, I cannot open this file. Could you please send by separate copy?

Finally, Scottish Salmon Watch takes issue with the exemption re. internal communications; namely:

Surely there is no "private space" via emails for publicly-elected Ministers and officials (paid for out of the public purse) to exchange free and frank advice? Surely the private space of dark corridors and smoky pubs is enough?

Scottish Salmon Watch is of the view that any discussions of drafts to media and other responses and exchanges via email should be disclosed via FOI as part of an open and transparent government. We therefore ask you to reconsider this exemption as part of this FOI review request.

Please provide a receipt for this FOI review request.

As background to this issue please note:

EFTA disclose documents on disease-ridden Norwegian salmon farming but refuse more citing commercial confidentiality

'Scottish' salmon resumes imports of "ISA-free" eggs from Norway?

Thanks,

Don Staniford

Director, Scottish Salmon Watch