EIR/202400400221 · FOI/EIR · withheld
Number of phytosanitary certificates issued for Rooster products: EIR release
Information requested
a) The number of ware phytosanitary certificates issued in the Inverness area during since September 2023 for the variety Rooster i.e. between then and now.
b) The businesses’ who have applied for phytosanitary certificates to export Rooster ware during the same period.
Response
The answer to your question, part (a) is:
No ware phytosanitary certificates were issued in the Inverness area for the variety Rooster in the time period specified.
The answer to your question, part (b) is:
While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exception under Regulation 10(5)(e) – substantial prejudice to confidentiality of commercial or industrial information of the EIRs applies to that information. The reasons why that exception applies are explained in the Annex to this letter.
ANNEX
REASONS FOR NOT PROVIDING INFORMATION
An exception applies
An exception under regulation 10(5)e of the EIRs applies to some of the information you have requested.
Regulation 10(5)(e) – substantial prejudice to confidentiality of commercial or industrial information
An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to some of the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the confidentiality of commercial information provided to SASA by other businesses and thus cause substantial harm to their commercial interests. Disclosing this information would give competitors to these businesses a commercial advantage.
This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies in question.
This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release because of the interest in open and transparent government. However, this is outweighed by the public interest in maintaining the confidentiality of commercial information of a third party.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Contact Please quote the FOI reference Central Enquiry Unit Email: ceu@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrews House Regent Road Edinburgh EH1 3DG
Detected exemption language
The answer to your question, part (b) is: While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exception under Regulation 10(5)(e) – substantial prejudice to confidentiality of commercial or industrial information of the EIRs applies to that information. ANNEX REASONS FOR NOT PROVIDING INFORMATION An exception applies An exception under regulation 10(5)e of the EIRs applies to some of the information you have requested. Regulation 10(5)(e) – substantial prejudice to confidentiality of commercial or industrial information An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to some of the information you have requested.
Attachments
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