Case status: Findings adopted on 16.12.2011 – Non-compliance found.
Follow-up: On-going; see Decision VII/8b, Decision VI/8b, Decision V/9b.
Topics: Access to environmental information; Access to justice.
Articles alleged: 3 (1); 4 (2), (7); 9 (1) – (4).
Articles considered by the Committee: 1; 3; 4 (7); 9 (1) – (4).
Articles, if any, found in non-compliance: 4 (7); 9 (3), (4).
Summary: On 13 March 2010 the Coordination Office of Austrian Environmental Organizations, submitted a communication to the Compliance Committee alleging the failure of Austria to comply with its obligations under articles 3 (1), 4 (2), (7), and 9 (1) – (4) of the Convention. The communication alleged that the Austrian legal system lacked a clear, transparent and consistent framework implementing the access to justice provisions, it also alleged lack of access to justice through the procedures on environmental impact assessment and on integrated pollution prevention and control to challenge breaches of public participation procedures under article 6. The communication alleged that due to the Austrian legislation, members of the public did not have access to justice, and that access to justice is not adequate and effective, procedures may be prohibitively expensive or not fair, and with regard to requests for information under article 4, access to justice is not timely.
Document | Status | Date received or posted by the secretariat |
---|---|---|
Datasheet ACCC/C/2010/48 (Austria) | Latest datasheet on the status of the communication | 07.02.2013 |
Determination on admissibility | At CC-27 | 19.03.2010 |
Communication | Communication ACCC/C/2010/48 | 19.03.2010 |
Revised communication | Communication ACCC/C/2010/48 (revised) | 02.06.2010 |
Letter to the Party concerned forwarding the communication | Letter from the secretariat | 08.04.2010 |
Letter to the communicant with further questions | Letter from the secretariat | 08.04.2010 |
Letter to the Party concerned with further questions | Letter from the secretariat | 22.06.2010 |
Message asking for a deferral in the discussion | Message from the Party concerned | 06.07.2010 |
Letter to the parties on deferral | Letter from the secretariat | 04.08.2010 |
Response from the Party concerned (cover letter) and Annex to the response (2000 EIA Act, informal translation) | From the Party concerned | 06.10.2010 |
Additional submissions from the communicant | From the communicant | 08.10.2010 |
Annex 1 MoE answer of 18 June 2008 to a request by Global 2000 regarding a study on transport and pollution (in German) | From the communicant | 08.10.2010 |
Annex 2 Request by Global 2000 on 30 June 2008 to the MOE to issue an official notification for the refusal to provide the information requested (in German) | From the communicant | 08.10.2010 |
Annex 3 Factsheet by Global 2000, further to the release of the information by the MoE (in German) | From the communicant | 08.10.2010 |
Annex 4 Request by Oekobuero on 20 April 2010 to ASFINAG (state company for the building and maintenance of motorways) concerning traffic figures on new motorways (in German) | From the communicant | 08.10.2010 |
Annex 5 Refusal by ASFINAG on 21 May 2010 to provide the information requested (in German) | From the communicant | 08.10.2010 |
Annex 6 Request by Oekobuero on 2 June 2010 to ASFINAG to issue an official notification for the refusal to provide the information requested (in German) | From the communicant | 08.10.2010 |
Annex 7 Email by an individual on 2 June 2010 to the MOE to issue an official notification for the refusal to provide the information requested (in German) | From the communicant | 08.10.2010 |
Annex 8 Administrative court decision of 8 June 2010 on the communicant's request for injunction (in German) | From the communicant | 08.10.2010 |
Annex 9 Excerpts of the administrative court decision of 8 June 2010 translated (in English, translation provided by the communicant) | From the communicant | 08.10.2010 |
Annex 10 Milieu Study (commissioned by the European Commission) - Access to justice 9(3) Country report for Austria (July 2007) | From the communicant | 08.10.2010 |
Annex 11 "Highest Austrian court abolishes EIA permit - but EIA appeal proceeding with regard to transport projects appears ineffective" by Th. Alge and D. Altenburger, ELNI Review 2/07 | From the communicant | 08.10.2010 |
Annex 12 Study commissioned by the MoE on 9(3) (July 2009) (in German) (English summary) | From the communicant | 08.10.2010 |
Statement on the annexes to the submissions of 8 October 2010 |
From the communicant | 21.10.2010 |
Letters to the Party and the communicant inviting to the formal discussion at CC-30 | From the secretariat | 08.11.2010 |
Additional information | From the Party concerned | 30.11.2010 |
Oral statement by the communicant at CC-30 | From the communicant | 15.12.2010 |
Letter to parties with questions after CC-30 (discussions) | From the secretariat | 14.01.2011 |
Additional information on EIA procedures with regard to standing criteria Schedule A Schedule B Schedule C.1 and Schedule C.2 Schedule D Schedule E.1 and Schedule E.2 Synoptic overview |
From the Party concerned | 15.02.2011 |
Additional information on standing for the public in Austrian legislation and Annex | From the communicant | 15.02.2011 |
Additional information from the communicant and annex. | From the communicant | 06.04.2011 |
Draft findings and letters to the Party concerned and to the communicant | From the secretariat | 19.08.2011 |
Statement on the draft findings and recommendations of the Compliance Committee | From the Party concerned | 07.09.2011 |
Comments to the draft findings and recommendations | From the communicant | 16.09.2011 |
Revised draft findings and letters to the Party concerned and to the communicant | From the secretariat | 10.11.2011 |
Comments from the Party concerned | From the Party concerned | 07.12.2011 |
Comments from the communicant | From the Communicant | 09.12.2011 |
Findings (advance unedited copy) and letter to the parties | From the secretariat | 06.03.2012 |
Findings and recommendations (En) (Fr) (Ru) | From the secretariat | 17.04.2012 |
Letter on follow-up with the recommendations | From the secretariat | 15.07.2013 |
Report on follow-up to Compliance Committee's findings and letter | From the Party concerned | 10.09.2013 |
Comments on Party's report | From the communicant | 23.09.2013 |
Draft report by the Compliance Committee to the Meeting of the Parties on the implementation of the findings and recommendations in ACCC/C/2010/48 and letters to the Party concerned and communicant |
From the secretariat | 18.11.2013 |
Comments on the Compliance Committee's draft report to the Meeting of the Parties | From the communicant | 05.12.2013 |
Covering email and comments on the Compliance Committee's draft report to the Meeting of the Parties | From the Party concerned | 09.12.2013 |