The BfS and the Environmental Information Act (Umweltinformationsgesetz, UIG)

German law recognises a large number of rights to freedom of information. These are documented either in special legislations or individual regulations of the Federal Government and the Federal States. These include:

• Federal Freedom of Information Act (Informationsfreiheitsgesetz, IFG) – Act regulating access to federal information
• Federal Environmental Information Act (Umweltinformationsgesetz, UIG),
• Consumer Information Act (Verbraucherinformationsgesetz, VIG) – Act to improve the health-related consumer information of the federal government.

Because most of the enquiries addressed to the BfS refer to environmental information, you will get an overview of your rights according to the UIG as well as the associated application procedure. The procedure for requests for information according to other legal bases is similar to the procedure presented here.

The aim of the UIG is to improve public access to environmental information. The aim is to increase transparency in administrative procedures, to enable citizens to control the administration, and thus to strengthen environmental protection. The UIG provides every person (under the conditions laid down in the act) with a right of access to environmental information available from bodies required to provide information within the meaning of the UIG.

The BfS fulfils its legal obligation according to Section 10 UIG to actively inform the public about environmental information both through its websites and publications. The BfS provides information about its work beyond its legal obligations and actively seeks dialogue with citizens.

How is the right to information under the UIG used?

It must first be clarified whether the information required is environmental information.

Environmental information within the meaning of the UIG generally refers to all data relating to the environment. The legislator has precisely defined them in Section 2, paragraph 3 UIG. It defines environmental information as information relating to

• the state of environmental components (e.g. air, water, soil, landscape) and their interrelation
• factors (e.g. substances, energy, noise) that affect the environmental components
• measures or activities that (may) affect the environmental components or are intended to protect them
• reports on the implementation of environmental legislation
• cost-benefit analyses or other analyses of the measures or activities just mentioned
• the state of human health

The concept of environmental information is interpreted very broadly.

If you are interested in information without relevance to the environment, your request will be examined in accordance with the relevant legal basis.

The route to environmental information available at the BfS

1st step: application

You can request access to environmental information either orally or in writing. You can also send your request via email to ePost@bfs.de.

Please note the following points:

• The more precisely you describe the environmental information you require, the faster your request can be processed. If you do not describe the environmental information with sufficient accuracy, you may be asked to clarify your request.
• Your request for information does not have to be justified. However, an explanation of your motive may facilitate the processing of your application if, for example, a reason for refusal under Sections 8 and/or 9 UIG wholly or partially contradicts your request for information. In this case, the BfS must weigh up the interests. The result of this will determine the extent of your access to information. It can therefore be important to know the reason for your application. You can read more about the examination of the reasons for refusal in the "2ndstep".
• Specify the type of information access you require: "provision of information", "inspection of files", or "in any other way" in accordance with Section 3, paragraph 2 UIG.
• Please bear in mind that access to environmental information may involve charges and expenses. Their amount is based on the provisions of the Regulation on fees for environmental information (Umweltinformationsgebührenverordnung, UIGGebV). Simple oral or written information, on-site inspection, the issuing of a few duplicates, and the rejection of an application are free of charge. Charges and expenses must, in principle, be levied for the other means of disseminating environmental information. However, the maximum amount of the fees may not exceed €500.00. The BfS may waive fees and expenses in whole or in part if the information is necessary for reasons of public interest or equity. You can ask the BfS in advance whether fees and expenses will be charged in your case.

2nd step: Application processing by the BfS

As soon as your application is received, the BfS will check whether the following conditions are met:

• Is the information requested environmental information?
  If not, your request for access to information will be assessed according to the rules applicable in each individual case. The respective procedure is essentially similar to that described here.
• Is the request formulated precisely enough?
  If this is not the case, the BfS will ask you to specify your application.
• Is the environmental information available at the BfS?
  The availability of environmental information presupposes that the data are actually available at the BfS, irrespective of the way they are stored or are kept available for the BfS. There is therefore no claim to information access to data that would still have to be compiled by the BfS.
• Does a ground for refusal under Sections 8 and 9 UIG preclude the request for information?
  The scope of your claim to environmental information can be limited by the grounds for refusal set out in Section 8 and 9 UIG. Section 8 UIG contains grounds for refusal that serve to protect public interests. Section 9 UIG serves to protect “other interests”; this is understood to mean the protection of natural and legal persons.
  If, for example, a request relates to information, the disclosure of which would have adverse effects on "significant public safety interests", Section 8, paragraph 1, sentence 1, No. 1 UIG, the BfS may, in principle, not disclose the requested environmental information. Unless, in the course of a balancing of interests, the BfS comes to the conclusion that the public interest in disclosure outweighs the protective purpose of the ground for refusal.
  If an application also relates to the personal data of third parties (e.g. name, address, telephone number), Section 9, paragraph 1, sentence 1 No. 1 UIG, the disclosure of which would significantly impair the interests of third parties, it must first be heard whether the person concerned feels significantly impaired by the disclosure of his or her personal data or whether he or she consents. If he or she refuses the disclosure, the BfS must weigh up the personal interest against the public interest in the disclosure and then inform the person concerned about the decision. The person concerned has the right to appeal the decision.

Your UIG application will be processed as soon as possible. The UIG provides that, in principle, any request must be answered within one month. An exception is made for qualitatively or quantitatively complex UIG applications. These must be answered within two months of the date of application. It should be noted that after a clarification, the period starts again. The BfS will inform you within one month of receipt of your UIG application about a possible longer processing time. Experience has shown that consultation procedures in particular can delay the disclosure of environmental information.

3rd step: Decision on access to information

After examining your application, the BfS will inform you whether or in which way you can obtain access to the desired environmental information. If necessary, this will be followed by an appointment to inspect the files at the BfS.

Communication of the decision

The BfS will inform you about the result of the examination of your UIG application. This is an administrative deed in accordance with Section 35 of the Administrative Procedures Act (Verwaltungsverfahrensgesetz, VwVfG). You will thus receive either

• immediate access to information to the extent decided upon in the form of copies or other data carriers
• a notification about possible dates of the inspection of files to the extent decided upon in the BfS
• the notification of the (partial) rejection of your application.

If the first two cases are subject to fees, you will also be informed of the decision on costs.

Inspection of files

If you have applied for an inspection of files, the BfS will arrange a date for the inspection of files. On this date, you will be given access to the contents of the file to the extent specified in the decision.

4th step: Legal protection

If the BfS does not grant you access to environmental information to the extent requested, you may appeal the decision. In accordance with Section 70 of the Administrative Court Procedures Code (Verwaltungsgerichtsordnung, VwGO), the appeal must be filed with the BfS within one month of notification of the result of the examination of your UIG application. This will be followed by the appeal procedure and, where appropriate, an administrative court procedure. Furthermore, in accordance with Section 7a UIG in conjunction with Section 12 IFG, you can call the Federal Commissioner for Freedom of Information if you believe your right to access to environmental information has been violated.