Case: Environment-People-Law against National Agency of Environmental Investments – access to information in National Electronic Registry of Anthropogenic Emissions.
Region: Ukraine
Parties: plaintiff: NGO “Environment-People-Law” (EPL);
defendant: National Agency of Environmental Investmets (NAEI).
Merit of the case: assure appropriate access to information in the National Electronic Registry of Anthropogenic Emissions.
Fact of the matter: The National Electronic Registry of Anthropogenic Emissions contain does contain full information which should be promulgated in compliance with national and international requirements of the maintenance of Electronic Registry of Anthropogenic Emissions. Due to this fact, EPL addressed the NAEI with the request to inform whether the Registry contains certain information and where can we get acquainted with it. NAEI didn’t give EPL full answer to the request , and EPL appeals this rejection to provide information in court.
Major facts:
EPL adressed NAEI with a request concerning maintainance and functioning of the National Electronic Registry of Anthropogenic Emissions and accessebility of the information in the Registry. NAEI provided us with responce to our request, but it didn’t contain all requested information and reasons (explanation) for such rejection were not given.
Hence, NAEI failed to answer the following questions of the request:
- Does the Registry contain any data on terms and dates of information updating?
- Basing on what documents does NAEI take a decision on confidentiality of information in the Registry, referring to the fact that information in the Registry is confidential?
- Does the Registry contain information on the commitment period, name of representative and contact information, which must include full name, telephone number, fax and e-mail of the representative of the account owner, as envisaged in art.44 (b) of the Decision 13.CMP.1 of the Conference of the Parties, which is Meeting of the Parties to Kyoto Protocol. If yes, please indicate where sources of such information.
- Does the Registry contain information that is submitted in electronic form by natural or legal persons – business entities, who commit anthropogenic emissions and GHG absorption as well as information on changes of the amounts of anthropogenic emissions or GHG absorptions that is set in the art. 2 of the National Regulation on the Registry? If yes, please indicate the sources of such information.
- In its request to NAEI EPL also asked to correct deficiencies of the functioning of the Registry, classify information in the Registry in accordance with art.44 of the Decision 13.CMP.1 and Regulation on the Registry. We were not provided with any information on this proposal/request nor were we informed about rejection and argumentation for it.
Requirements of national and international legislation of Ukraine are violated by the fact of incomplete provision of information requested by EPL, absence of argumentation for rejection in providing information and refusal to take measures which EPL asked for in its request. As a result the following legal acts have been violated: the Constitution of Ukraine, the Aarhus Convention, the Law of Ukraine “On Information”, the Law of Ukraine “On Public Appeals”, the Law of Ukraine “On Environmental Protection”, the concept of assistance to bodies of executive power in development of civil society approved by the Ordinance of the Cabinet of Ministers of Ukraine № 1035-р of 21.11. 07, Presidential Decree № 109/2008 “On urgent measures to ensure implementation and guarantee of constitutional right to appeal to state and local governments”.
The right to appeal of incomplete satisfaction of an informational request or rejection in its satisfaction is set in the art.9 of the Aarhus Convention, art.35 of the Law of Ukraine” On Information”, p.”i” p.1 art. 21 of the Law of Ukraine “On Environmental Protection”. According to art. 47 of the Law of Ukraine “On Information”, violation of the legislation on information entails disciplinary, civil, administrative or criminal responsibility. Guilty officials bear responsibility for unjustified refusal to provide information or for provision of false information.
EPL asked the court:
- To declare unlawful the omissions of NAEI in providing us with incomplete information requested by EPL.
- To oblige NAEI to provide us with full and substantiated answers which we requested.
- To issue resolution on bringing to responsibility the officials guilty of violation of the legislation on access to information.
