The Ombudsman has found maladministration in the European Commission’s refusal to provide access to documents concerning greenhouse gas emissions of the ceramics industry reported under the EU's emissions trading system (EU ETS).

The Ombudsman said the Commission’s refusal to grant access was particularly worrying given the importance of ensuring transparency and participation in environmental decision-making.

An environmental organisation sought information, including data on emissions from ceramics plants in EU Member States, to participate in the review of reference documents for the implementation of the Industrial Emissions Directive for the EU’s ceramics industry.

As a party to the Aarhus Convention, the EU has an obligation to ensure a high level of public access to environmental information and public participation in decision-making relating to the environment. Citizens also have particularly strong access to documents rights when it comes to information concerning emissions into the environment.

The Ombudsman disagreed with the Commission’s reasoning that the requested documents did not include more information on emissions into the environment than what was already publicly available. She also disagreed with the Commission’s assessment that there was no overriding public interest in disclosure of the documents.  

The Ombudsman plans to bring the results of this inquiry to the attention of the European Parliament. She is also considering conducting a broader inquiry into how the Commission interprets the scope of environmental information and information related to emissions into the environment.