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ACCC/C/2014/122 Spain

Case status: Findings adopted on 17.12.2020 – Non-compliance found. 
Follow-up: Committee refrained from making recommendations; see para. 12 of Decision VII/8 on general issues of compliance.
Topics: Public participation.
Articles alleged: 6 (1) (a), 6 (10). 
Articles considered by the Committee: 6 (1), 6 (10).
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 by Spain to comply with article 6 of the Convention in relation to the updating of integrated environmental permits. Specifically, the communicant alleged that the Party concerned violated article 6 (2) and (10) of the Convention by failing to provide for public participation regarding the reconsideration and updating of permits for existing installations or installations with pending permit applications in order to comply with the requirements of the Industrial Emissions Directive.

Documents Status Date received or
posted by the secretariat


Annex 1: Industrial Emissions Directive

Annex 2: Law 16 2002 ESP  

Annex 3: Law 5 2013 ESP

Annex 4: Law 16 2002, consolidated as amended ESP

Annex 5: Royal decree 815 2013 ESP
Annex 6: CJEU judgement on case C-416/10

Annex 7: Press release ESP

From the communicant 12.12.2014
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
Email enclosing response From the Party concerned 27.11.2015
Letters inviting the Party concerned and  communicant to the hearing at Committee's 59th meeting  From the secretariat 06.11.2017
Additional information From the communicant 01.12.2017
Opening Statement for hearing at Committee's 59th meeting From the communicant 14.12.2017
Presentation delivered as opening statement for hearing at Committee's 59th meeting From the Party concerned 14.12.2017
Additional information provided during the hearing at Committee's 59th meeting From the Party concerned 14.12.2017
Request for additional information from the Committee to the Party concerned From the secretariat 12.01.2018
Letter enclosing translated legal provisions From the Party concerned 07.03.2018 (submitted on 08.02.2018 but not received due to a technical error)
Question from the Committee to the parties From the secretariat 18.05.2020
Reply to Committee's question From the communicant 01.06.2020
Reply to Committee's question From the Party concerned 02.06.2020
Comments on the communicant’s reply to Committee’s questions From the Party concerned 08.06.2020
Question from the Committee to the communicant From the secretariat 14.07.2020
Email enclosing permit update for the Pontevedra chlorine production facility From the communicant 27.07.2020
Draft findings and letter to the Party concerned and the communicant inviting their comments From the secretariat 26.08.2020
Comments on the Committee's draft findings From the Party concerned 06.10.2020
Comments on the Committee’s draft findings From the communicant 08.10.2020
Findings ENG FRE RUS   17.12.2020