The Environmental association “For the Earth” requested from the Ministry of Environment and Waters (MEW) a copy of the report on reducing emissions of harmful substances from large combustion plants, related to the European Commission's warning towards Bulgaria for failure to comply with the maxima of emission of sulfur and nitrogen oxides and of fine dust particulates.
The minister refused on the ground that the requested report had no significance of its own – a ground for refusal under Art. 13, Para. 2, item 1 of the APIA.
With a Decision No. 3421/11.03.2014 (in Bulgarian), a Three-member panel of the Supreme Administrative Court upheld the refusal of the minister. The court decision was appealed with the help of AIP.
By Decision no.11951/09.10.2014 (in Bulgarian), a Five-member Panelof 9 October 2014 the SAC repealed a first instance decision, as well as the refusal by the minister. The court held that the information sought is information on the environment in the meaning of the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) and in the meaning of the Environment Protection Act (EPA). The text of Article 13, par. 2 of the APIA providing the possibility of restricting access to preparatory documents is inapplicable to information concerning the environment and in particular the emissions of harmful substances. The court noted that in Article 20, par. 6 of the EPA the legislator has provided explicitly that the right of access to public information concerning the environment and in particular the emissions of harmful substances cannot be refused or restricted.