02 February 2007

On February 2, 2007 a three-member panel of the Bulgarian Supreme Administrative Court repealed a refusal of the Nuclear Regulatory Agency (NRA).


The National Movement Ekoglasnost, had filed an information request for the report and its annexes on the fifth block incident in the Nuclear Power Plant Kozlodui on March 1, 2006. The reports were disclosed, but the annexes to were refused on the grounds that the third party - the nuclear power plant itself - did not consent on the disclosure of the information. Access to Information Programme provided legal assistance to the complainant. In its decision, the judges found that it unclear why NRA presumed that legitimate interests of the NPP Kozlodui were to be affected and asked for their consent. According to the justices, the annexes contained data about the investigation just like the reports. That is why, it could not be presumed that the annexes contained any legally protected information.The Supreme Administrative Court turned the file back to the Agency for reconsideration and obligated it to comply with the Environmental Protection Act, which requires that institutions should consider the public interest when deciding whether to provide access to environmental information.