In a recent judgment, the Court of Justice of the European Union (CJEU) upheld a broad interpretation of the concept of “information that relates to emissions into the environment” that must be disclosed by EU and Member State authorities. The information relating to emissions from industrial installations must include data allowing the public to (i) know what is, or may be foreseen to be, released into the environment under normal or reasonable conditions of use of a product or substance; (ii) check the correctness of the assessment of the actual or foreseeable emissions on the basis of which product or substance is authorized; and (iii) understand the effect of those emissions on the environment. Several EU regulations as well as the TFEU and the Charter of Fundamental Rights of the EU stipulate that the protection of commercial interests may prevent disclosure unless there is an overriding public interest. However, the Regulation and Directive implementing the Aarhus Convention clarify that an overriding public interest exists where the information relates to emissions into the environment. The CJEU’s decision is expected to have a significant impact on many companies as they must now assume that much of the data they submit may not be kept confidential.
