Theobligatory fertilisation plans drawn up under the Act of 10 July 2007on fertilisers and fertilisation (Journal of Laws Dz.U. 2007.147.1033),the Good Agricultural Practice, and Regulation (EC) No. 1774/2002 of theEuropean Parliament and of the Council of 3 October 2002 laying downhealth rules concerning animal by-products not intended for humanconsumption, and the opinions of chemical agricultural stations issuedfor fertilisation plans have not been classified as public informationon environment and environmental protection, nor public informationdisclosed by chemical agricultural stations.
Thisis in contradiction to the UNECE Convention on Access to Information,Public Participation in Decision-making and Access to Justice inEnvironmental Matters of 25 June 1998 (Aarhus Convention) (Journal ofLaws Dz.U. 2003.78.706). According to the Act of 5 September 2001 onaccess to public information (Journal of Laws Dz.U. 2001.112. 1198), apublic document is ?the content of any declaration of will or knowledgemade and signed in any form by a public officer within the meaning ofthe Criminal Code, within his or her professional competence, addressedto another person or body or put on file.? Fertilisation plans submittedby agricultural holdings satisfy the conditions of this definition,i.e. they contain the knowledge of the owner of an agricultural holdingabout the land and the planned fertilisation methods; they are signed bya public officer of regional chemical agricultural station and put onfile.
Requestsfor opinion on fertilisation plans together with enclosed fertilisationplans fulfil all criteria of environmental information. Under theEnvironmental Protection Law Act of 27 April 2001 (Journal of Laws,Dz.U. 2001.62.627), environmental information subject to obligatorydisclosure is any ?plan, program and financial analysis? regardingissues relevant for environmental protection. Fertilisation plans arealso qualified as programmes intended to limit the environmental impactof nitrogen from agricultural sources. These plans concern issuesrelevant for the environment. Fertilisation plans are obligatory, andthere are no arguments in favour of keeping them confidential under theEnvironmental Protection Law.