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ACCC/C/2008/29 Poland

Case status: Findings adopted on 25.09.2009 – Due to lack of sufficient information, the Compliance Committee did not reach findings nor conclusions regarding the alleged failure.
Follow-up: -
Topics: Access to environmental information; Access to justice.
Articles alleged: 1; 4; 6 (2) (a), (2) (b), 6 (8).
Articles considered by the Committee: -
Articles, if any, found in non-compliance: -
Summary: On  20 October 2008, the management board of the Zabianka Housing Cooperative and Ms. Maria Cholewińska, president of the Protest Committee, submitted a joint communication to the Compliance Committee alleging non-compliance by Poland with its obligations under articles 1, 4 and 6 (2) (a), (2) (b) and (8), of the Convention. The communication alleged that by failing to ensure effective participation in the decision-making procedure concerning the construction of a multifunctional sports hall in the city of Gdansk and to make publicly available accurate and comprehensive information relating to the environmental impact assessment of the project at issue the Party concerned was not in compliance with the above provisions. 

  Document Status Date received or posted by the secretariat
  Datasheet ACCC/C/2008/29 (Poland)   20.11.2009
  Preliminary determination on admissibility   19.12.2008
  Communication ACCC/C/2008/29   20.10.2008
  Attachment 1:Decision of the Voivodship Sanitary Inspector in Gdansk (excerpt) Attachment 1 to the communication 20.10.2008
  Attachment 2: Letter from the Protest Committee to the European Union concerning infringements dated 12 June 2007 Attachment 2 to the communication 20.10.2008
  Attachment 3: Opinion on the Environmental Impact Statement for the sports hall dated 27 June 2008 Attachment 3 to the communication 20.10.2008
  Attachment 4: Environmental Protection Law, Journal of Laws No. 29, item 902 article 52 Attachment 4 to the communication 20.10.2008
  Letter to the Party informing about the communication and raising several points Letter from the secretariat sent at the request of the Committee 15.01.2009
  Letter to the communicant on preliminary admissibility of the communication Letter from the secretariat sent at the request of the Committee 15.01.2009
  Letter to the Party concerned requesting timing of response and updating about possibility of discussion at twenty-fourth meeting Letter from the secretariat 12.05.2009
  Letter from Party concerned with replies to questions raised with letter on 15.01.2009 Letter from the Party concerned 26.05.2009
  Letter to the communicant enclosing draft findings Letter from the secretariat 18.08.2009
  Letter to the Party enclosing draft findings Letter from the secretariat 18.08.2009
  Draft Findings and Recommendations Draft for comments by the parties concerned 18.08.2009
  Message from the communicant providing comments on the draft findings (Document 1) (Document 2) (Document 3) Message from the communicant 14.09.2009
  Letter forwarding findings to communicant From the secretariat 31.10.2009
  Letter forwarding findings to Party concerned From the secretariat 31.10.2009
  Findings Advance copy 31.10.2009
  Findings (En Fr Ru) From the secretariat 08.02.2011