Case status: Findings adopted on 28.09.2012 – Non-compliance found.
Follow-up: On-going; see Decision VII/8d, Decision VI/8d, Decision V/9d.
Topics: Public participation; Access to justice.
Articles alleged: 9 (2), 9 (3).
Articles considered by the Committee: 6 (7); 9 (2)–(4).
Articles, if any, found in non-compliance: 9 (2)–(4).
Summary: On 9 February 2011, the Balkani Wildlife Society, submitted a communication to the Compliance Committee alleging that Bulgaria had failed to comply with its obligations under article 9 (2) and (3) of the Convention, with respect to access to review procedures to challenge acts that contravene national environmental legislation. The communicant alleged that it is not possible to appeal the outcomes of the strategic environmental assessment issued under the Environmental Protection Act, and that members of the public do not have access to review procedures to challenge orders for the adoption of spatial plans or construction permits and exploitation permits issued under the Spatial Development Act.
| Document | Status | Date received or posted by the secretariat | |
|---|---|---|---|
| Datasheet ACCC/C/2011/58 (Bulgaria) | Latest datasheet on the status of the communication | 04.02.2013 | |
| Determination on admissibility | At CC-31 | 01.04.2011 | |
| Communication | Communication ACCC/C/2011/58 | 01.04.2011 | |
| Annex 1 | 01.04.2011 | ||
| Annex 2 | 01.04.2011 | ||
| Annex 3 | 01.04.2011 | ||
| Annex 4 | 01.04.2011 | ||
| Annex 5 | 01.04.2011 | ||
| Annex 6 | 01.04.2011 | ||
| Annex 7 | 01.04.2011 | ||
| Annex 8 | 01.04.2011 | ||
| Annex 9 | 01.04.2011 | ||
| Annex 10 | 01.04.2011 | ||
| Annex 11 | 01.04.2011 | ||
| Letter to the Party concerned forwarding the communication | From the secretariat | 01.04.2011 | |
| Letter to the communicant | From the secretariat | 01.04.2011 | |
| Response from the Party concerned | From the Party concerned | 18.08.2011 | |
| Response from the communicant | From the communicant | 28.09.2011 | |
| Invitation to the Party and to the communicant for the discussion of the communication at CC-35: list of questions to guide the discussion | From the secretariat | 10.11.2011 | |
| Response by the Party concerned to Committee's questions | From the Party concerned | 09.12.2011 | |
| Handout responding to the Committee's questions of 10.11.2011 during the discussion at CC-35 | From the communicant | 13.12.2011 | |
| Letter to the Party | From the secretariat | 02.02.2012 | |
| Letter to the communicant | From the secretariat | 02.02.2012 | |
| Communicant's written response to Compliance Committee's questions to guide discussion at CC35 | Letter from the communicant | 10.01.2012 | |
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Annex 1 Environmental Protection Act (unofficial English translation) |
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Annex 2 Spatial Development Act (unofficial English translation) |
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Annex 3 |
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Annex 4 |
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Annex 5 |
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Annex 6 Comprehensive list of the village projects authorized by SEA decision only |
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| Information after CC-35 | From the Party concerned | 29.02.2012 | |
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Supporting documents (archive) |
From the communicant | 06.03.2012 | |
| Draft findings and letters to the Party concerned and to the communicant | From the secretariat | 24.08.2012 | |
| Comments on draft findings, Annex 1 and Annex 2 | From the communicant | 21.09.2012 | |
| Findings and letter to the parties | From the secretariat | 04.10.2012 | |
| Findings (En Fr Rus) | From the secretariat | 11.01.2013 | |
| Letter on follow-up with the recommendations | From the secretariat | 15.07.2013 | |
| Update | From the Party concerned | 16.09.2013 | |
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Progress report
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From the Party concerned | 19.09.2013 | |
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Comments on Party's progress and annex Annex 1 NGO proposals for amendment to SDA Annex 2 Supreme Administrative Court Ruling 6851/2013 Annex 3 Supreme Administrative Court Ruling 11242/2013 Annex 4 Supreme Administrative Court Ruling 9482/2013 |
From the communicant | 19.09.2013 | |
| Draft report by the Compliance Committee to the Meeting of the Parties on the implementation of the findings and recommendations in ACCC/C/2011/58 and letters to the Party concerned and communicant |
From the secretariat | 18.11.2013 | |
| Report by the Compliance Committee to the Meeting of the Parties on the implementation of the findings and recommendations in ACCC/C/2011/58 (ECE/MP.PP/2014/13) |
From the Committee | 20.12.2013 |