Case status: Findings adopted on 24.07.2021 – Non-compliance found.
Follow-up: On-going; see Decision VII/8f.
Topics: Public participation.
Articles alleged: 6 (1) (a), 6 (10).
Articles considered by the Committee: 6 (1), 6 (10); 17; 19 (5).
Articles, if any, found in non-compliance: 6 (10).
Summary: On 12 December 2014, the non-governmental organization International Institute for Law and the Environment submitted a communication to the Compliance Committee alleging the failure of the European Union to comply with the Convention’s provisions on public participation in decision-making. Specifically, the communicant alleged that the Industrial Emissions Directive does not fulfil the requirements for public participation in decision-making stipulated in article 6 (1) (a) and (10) of the Convention in cases where a permit issued under the Directive is reconsidered or updated.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Communication Annex 1: Industrial Emissions directive Annex 2: CJEU judgement on case C-416_10 |
From the communicant | 12.12.2014 |
| Comments on preliminary admissibility | From the Party concerned | 26.03.2015 |
| Email to inform parties that communication determined to be preliminary admissible | From the secretariat | 09.04.2015 |
| Letter to Party concerned enclosing preliminary determination of admissibility and forwarding communication for Party concerned's response | From the secretariat | 28.06.2015 |
| Response to the communication | From the Party concerned | 27.11.2015 |
| Letter to the parties seeking their views on whether a hearing is needed | From the secretariat | 03.08.2016 |
| Reply as to need for hearing | From the Party concerned | 31.08.2016 |
| Reply as to need for hearing | From the communicant | 21.09.2016 |
| Letter to the parties inviting any final written submissions | From the secretariat | 04.11.2016 |
| Email to communicant regarding admissibility | From the secretariat | 25.11.2016 |
| Final written submissions prior to commencement of deliberations | From the communicant | 05.12.2016 |
| Final written submissions prior to commencement of deliberations | From the Party concerned | 30.03.2017 (sent on 15.02.2017 but not received due to a technical error) |
| Draft findings and letters to the Party concerned and communicant inviting their comments | From the secretariat | 02.12.2019 |
| Comments on the draft findings | From the communicant | 17.01.2020 |
| Request for extension to comment on the draft findings | From the Party concerned | 17.01.2020 (dated 16.01.2020) |
| Chair's agreement to grant an extension of deadline to comment on the draft findings | From the secretariat | 17.01.2020 |
| Comments on extension of deadline to provide comments | From the communicant | 20.01.2020 |
| Clarification to the communicant regarding extension of deadline | From the secretariat | 06.02.2020 |
| Cover letter enclosing comments on the draft findings | From the Party concerned | 17.02.2020 |
| Findings ENG FRE RUS | 30.03.2020 |