Ordinance of 10 September 2008 on the Handling of Organisms in the Environment

Article 54 Publication of information
1 Informations obtained in the context of implementation of this Ordinance or other federal measures on the use of genetically modified organisms, products deriving from them or pathogens or exotic organisms shall be published, unless there are overriding contrary private or public interests worthy of protection.

2 FOEN shall give information on results of investigations (Article 50), monitoring (Article 51) and action against organisms (Article 52), unless there are overriding contrary private or public interests worthy of protection.

3 The preservation of business and manufacturing secrecy shall, in particular, be deemed worthy of protection.

4 The following data shall in all cases be accessible to the public:

a.
names and addresses of the persons responsible for experimental release or placing on the market;
b.
general description of organisms and their properties;
c.
purpose of experimental release or envisaged utilisation of organisms placed on the market;
d.
identification of site of release into the environment;
e.
location where genetically modified organisms, authorised for placement on the market, are directly spread in the environment (Article 32 para. 1c);
f.
methods and plans for monitoring genetically modified organisms or pathogens in the environment, and emergency measures;
g.
summary of study and risk assessment in accordance with Annex 4;
h.
report in accordance with Article 24 paragraph 1 after FOEN has satisfied itself that it is correct and complete.
Article 55 Data confidentiality
1 The authorities implementing this Ordinance shall confidentially process data where there is an overriding interest, worthy of protection, in keeping them secret. They shall highlight such data if they are forwarded to other authorities.

2 Whoever submits documents relating to an application to the authorities shall:

a.
highlight data requiring confidential processing;
b.
justify the asserted interest in secrecy.
3 If an authority does not want to process data confidentially despite a request to keep them secret, it shall review whether the asserted interest in preserving secrecy is worthy of protection If its assessment differs from that of the applicant, it shall notify the applicant accordingly, in the form of a decision specifying which data it does not accept as worthy of protection.

Article 56 Registers
1 FOEN shall keep a register of all authorised experimental releases. This register shall show whether, when, where, by whom and with what the experimental release took place.

2 FOEN shall keep a register of all genetically modified organisms authorised to be placed on the market. The federal and cantonal departments competent for implementing this Ordinance shall pass the necessary data to FOEN.

3 It shall keep a register of all directly spread genetically modified organisms authorised for placement on the market (Article 32). This register shall state when, where and for what purpose the specified organisms were spread in the environment, and their nature.

4 The registers shall not comprise confidential data and shall be publicly accessible through computerised information and communication services. Data may be published in whole or in part.