As part of the nitrogen programme approach (PAS), the Flemish Land Agency (VLM) compiled a list of so-called "peak polluters". These are companies that cause more than 5%, the orange companies, or 50%, the red companies, of nitrogen deposition in natural areas. We requested these lists under the principle of public access to information, but the VLM refused.
We then appealed to the Flemish appeal body for public access to information, but there we also encountered a refusal. The appeal body argued that we were not allowed to view these figures for privacy reasons and because it would affect the competitive position of these agricultural companies.
Ultimately, we went to the Council of State against the refusal decision of the appeal body. The Council of State ruled in our favour, after which we approached the VLM again. There we finally received the lists of peak polluters.
It is an important precedent for the public access to information regarding emission data. Read theruling of the Council of State.