RCA246. Copy of the Agreement between the Ministry of Health and the Ministry of Health of the Government of Andorra on the resale of Biontech/Pfizer vaccines
A citizen submitted a request for information on a copy of the Agreement with the Ministry of Health of the Government of Andorra, on the resale of Biontech/Pfizer vaccines to fight the health emergency caused by SARSCoV-2 virus.
The Administration provided information that the applicant considered insufficient, which motivated his claim.
The Council for Transparency and Good Governance considered the complaint, since access is not requested to the terms in which the negotiation took place, but to the final result of the negotiation embodied in a Convention that will include the commitments assumed by each of the parties, whose confidentiality is difficult to reconcile with constitutional values and principles such as freedom, pluralism and legal security embodied both in our Constitution and in supranational texts on fundamental rights. The Administration does not specify what would harm future negotiations or what distrust it would generate when it comes to formalizing future agreements of this type, which would be hypothetical and do not even have to be given. It is already a known fact, without having the copies of the Agreements and Agreements required, if the doses have been donated or if they have been resold at the same price as in the case of Andorra.
The Supreme Court has accepted the cassation appeal filed by the Council of Transparency and Good Government.
In its application for admission, the Supreme Court has stated that the issue raised in the application that presents an objective casational interest for the formation of jurisprudence consists in determining:
If the confidentiality clause provided for in Regulation 1049/2011 of the European Parliament and of the Council of 30 May 2001 on public access to documents of the European Parliament, of the Council and of the Commission applies to requests for access to public information held by the Spanish administration when the requested information is part of international agreements.
If Article 14(1) of the Transparency Act, which establishes a limit on foreign relations, is applied as a limit to deny access to information included in international conventions, in particular that related to the resale or donation of goods, as in the case of vaccines against Covid-19.
