ACCC/C/2014/99 Spain

Case status: Findings adopted on 19.06.2017 – Non-compliance found.
Follow-up: On-going; see Decision VII/8p, Decision VI/8j.
Topics: Public participation.
Articles alleged: 6 (2)–(4), 6 (8), 6 (9); 9 (2).
Articles considered by the Committee: 6 (1) (a), 6 (1) (b), 6 (2)–(10); 9 (2), 9 (4).
Articles, if any, found in non-compliance: 6 (2) (a), 6 (2) (c), 6 (2) (d) (vi), 6 (2) (e), 6 (9).
Summary: On 20 January 2014, the non-governmental organization Fons de Defensa Ambiental submitted a communication to the Compliance Committee alleging the failure of Spain to comply with its obligations under articles 6 (2)–(4), (8) and (9), and 9 (2) of the Convention. The communication alleged that the public was not given the opportunity for early and effective participation regarding the award of an environmental permit to a private company, Uniland Cementera. Moreover, it alleged that some information related to the permit and administrative file was made available to the public only after the environmental permit was issued and that an environmental NGO was denied standing to have access to an administrative review procedure.