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ACCC/C/2012/71 Czech Republic

Case status: Findings adopted on 20.12.2013 – Non-compliance found.
Follow-up: On-going; see Decision VII/8e, Decision VI/8e, Decision V/9f
Topics: Public participation.
Articles alleged: 6 (3), 6 (4), 6 (8); 7.
Articles considered by the Committee: 6 (3), 6 (4), 6 (8), 6 (9); 7.
Articles, if any, found in non-compliance: 6 (3), 6 (4), 6 (8); 7.
Summary: On 9 May 2012, the Czech non-governmental organization Environmental Law Service, submitted a communication to the Compliance Committee alleging the failure of the Czech Republic to comply with its obligations under the Convention. The communication alleged that the Party concerned prepared its application to the European Commission for free allocation of allowances, including its national investment plan, under the revised rules for the European Union Emissions Trading System, without proper public participation, as required under article 7, in conjunction with article 6 (3), (4) and (8), of the Convention.

Document Status Date received or posted by the secretariat
Datasheet ACCC/C/2012/71 Latest datasheet on the status of the communication 21.01.2013
Determination on admissibility At CC-37 29.06.2012
Communication From the communicant 31.05.2012
Annex 1 List of names supporting
Annex 2 Information on Passau hearing (in German)
Annex 3 Email to Czech Ministry
Annex 4 Temelin resolution (In German)
Annex 5 Letter to Mr. Barroso
Annex 6 Letter to Ms. Merkel
Annex 7 Letters to Mr. Necas, Ms. Merkel, European Commission
Annex 7a Response from Bavarian Government representative (in German)
Annex 7b Response from Czech Government representative
Annex 8 Decision of the Bavarian Government to challenge the procedure before the EU Commission (in German)
Annex 9 Letter to Minister of Environment of Bavaria (in German)
Annex 10 Relevant treaty and EU provisions
Annex 11 Summary of facts
Annex 12 Map of the area
From the communicant 31.06.2012
Letter to the Party concerned forwarding the communication From the secretariat 16.08.2012
Letter to the communicant From the secretariat 16.08.2012
Answer to the Committee's questions (Cover letter) and Annex (re: complaint CHAP European Commission, reply in Ger) From the communicant 28.11.2012

Response and cover letter


A1 Temelín documentation to Germany
A2 Temelín documentation to Austria
B1 Documentation deadline to Bavaria
B2 Documentation deadline to Saxony
B3 Documentation deadline to Austria
C1 Temelín Expert Report to Germany
C2 Temelín Expert Report to Austria
D1 Temelín Expert Report Deadline to Bavaria
D2 Temelín Expert Report Deadline to Saxony
D3 Temelín Expert Report Deadline to Austria
E1 Public hearing invitation
F1 Public discussion to Germany
F2 Public discussion to Austria

From the Party concerned 14.01.2013
Comment to the Party's response From the comminicant 02.02.2013

Letter to the Party concerned and to the communicants for the discussion at CC-40

From the secretariat

Additional information From the communicant 04.03.2013
Additional information From the Party concerned 22.03.2013
Oral statement From the communicant 26.03.2013
Letter to the parties after CC-40 From the secretariat 11.04.2013
Reply to the Committee's questions after CC-40 (cover letter) and Annex From the communicant 14.05.2013
Reply to the Committee's questions after CC-40 From the Party concerned 20.05.2013
Comment on the reply of the Party concerned on 20.05.2013 (cover letter) From the communicant 26.05.2013
Email reacting to the submission of the communicant From the Party concerned 13.06.2013
Email reacting to the email of the Party concerned From the communicant 13.06.2013
Draft findings and letters to the Party concerned and communicant inviting their comments From the secretariat 27.06.2016
Comments on draft findings From the communicant 11.07.2016 (dated 10.07.2016)
Letter enclosing comments on the draft findings From the Party concerned 06.09.2016
Letter to the parties enclosing the Committee's findings (advance unedited version) From the secretariat 18.11.2016
Letter re-sending comments dated 6 September 2016 on the draft findings From the Party concerned 13.12.2016
Findings (official version ENG FRE RUS)