Is using the term ‘environmental information’ a magic formula? | 27
Limits as to what is considered
environmental information
After a pub in Copenhagen had applied for renewal of its alcohol licence, a citizen requested
access to a recommendation for the decision
to be made by the Licensing Board of the City
of Copenhagen and to the decision. The Board
denied access with reference to the new Access
to Public Administration Files Act.
The Ombudsman now had to decide whether
it was a question about environmental information. The renewal of the alcohol licence was
potentially of importance to the continuous
existence of the pub. Thus, the decision was
indirectly of importance to the discharge of
noise and tobacco smoke into the surrounding
environment.
Even if the recommendation and decision by
the Board as such was considered a ‘measure’
(section 3 paragraph (3) – see factbox), the Ombudsman did not find that the requirement was
likely to affect the elements of the environment.
An opinion provided by the EU Commission supported the Ombudsman’s assessment. Therefore, the case was to be decided pursuant to the
new Access to Public Administration Files Act.
(Case No. 2018-34).
In another case (Case No. 2020-1) a citizen had
connected two field based solar panel plants
to the grid via the local energy company and he
had received a final settlement invoice for the
total price. He wanted to check whether he had
been invoiced for the actual costs. Therefore, he
asked for access to some underlying supplier invoices for material and the installation worker’s
hourly fee, among other things.
Now, the question was whether information stated in the supplier invoices was to be considered
environmental information. The Ombudsman
found that the installation of the solar panels had
to be considered a ‘measure or an activity’ within the meaning of the Environmental Information
Act. But the Ombudsman was not of the opinion
that the underlying documents were to be considered environmental information, among other
things because of the more indirect connection
between information and installation of the solar
panels. Also in this case, an opinion issued by
the EU Commission supported the Ombudsman’s assessment.
Thus, the cases about the renewal of alcohol
license and the solar panels illustrate that there
are limits to what can be regarded as ‘environmental information’.
And, as the above cases also illustrate, using the
term ‘environmental information’ is not always
the ‘magic formula’ which means that you will get
the information you want. But it can be.
Increasing importance
When the new Access to Public Administration
Files Act entered into force with effect from 1
January 2014, the old Access to Public Administration Files Act was repealed simultaneously.
But not entirely. Because, as mentioned above,
the repeal did not comprise cases processed
under the Environmental Information Act (section 42(4) of the new Access to Public Administration Files Act). And as environmental and
climate issues are increasingly on the political
agenda, it must be assumed that regulations
stipulated in the Environmental Information Act
(and thus also the old Access to Public Administration Files Act) will become increasingly
important.
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