Recurrent: Griñó Ecologic, S.A.

Resolution appealed: R CTBG 0997/2025

In exercise of the right of access to public information, the PORT AUTHORITY OF TARRAGONA (hereinafter APT)/MINISTRY OF TRANSPORT AND SUSTAINABLE MOBILITY was requested to access various information related to the activity of a certain company in the Port of Tarragona and, in particular: (i) reports on the import of waste; (ii) reports related to the request for administrative concession of space for storage and transfer of waste at the Cantabria pier; (iii) report of October 16, 2024, of the environmental area.

The requested organ does not accept request indicating that: (i) there is no report on the import of waste prepared by the APT in relation to that company; (ii) the administrative concession file is open and pending resolution; (iii) the report of 16 October 2024 signed by the Environmental Officer is an internal report that forms part of the administrative file of the concession public domain. In addition, a criminal judicial procedure affecting the information requested is under investigation, as alleged by the company concerned in its allegations, and therefore it considers the limits provided for in subparagraphs (e) and (f) of article 3 to be concurrent. 14.1 LTAIBG. During the course of the proceedings, he points out that the procedure provided for in paragraph (h) of the same article also applies.

The claim states that the information requested is prior to the judicial process, which in addition does not establish that said process refers to the processing of a concession in the public domain of ports, but that “[e]s a case against the company Griñó for its activity in a plant in Constantí and in different landfills». It adds that its technical report and its reports were published on the website of the requested body and that the report of October 16, 2024, signed by the person responsible for the environmental area, cannot be considered an internal document.

The Council considers the claim by pointing out that the relationship between the information requested and the existing criminal procedure has not been established, nor the damage to the economic and commercial interests of the company which was given a hearing procedure, so that the application of the limits invoked has not been justified. However, on the basis of the opposition to the delivery of the information by the company concerned, the provisions of Article 22.2 LTAIBG (for the formalization of access) apply, according to which “If there has been opposition from the third party, access will take place when, having granted such access, the period for filing an administrative appeal has elapsed without having been formalized or has been resolved confirming the right to receive the information.».