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ACCC/C/2020/179 Serbia

Case status: Pending.
Follow-up:
Topics: Public participation; Access to justice.
Articles alleged: 6 (4), 6 (8); 9 (4).
Articles considered by the Committee:
Articles, if any, found in non-compliance:
Summary: The communication was submitted to the Compliance Committee on 27 January 2020 by Centar za ekologiju I odrzivi razvoj and ClientEarth. The communication alleged that the Party concerned failed to comply with articles 6 (4) and (8) of Convention with respect to the Kostolac B3 coal-fired thermal power plant project, and 9 (4) of the Convention regarding access to injunctive relief in general.

Documents Status Date received or
posted by the secretariat
Communication
Annex 1: Loan agreement ENG SER
Annex 2: MOU of 13 May 2010 ENG SER CHI
Annex 3 : Pre-contract of November 2010
Annex 4: Development contract of 20 November 2013
Annex 5: Notice of Effectiveness of Loan Agreement of 25 May 2015
Annex 6: Relevant provisions of national law ENG SER
Annex 7:  Drmno screening decision of 26 July 2013 ENG SER
Annex 8: EIA decision of 28 September 2017
Annex 9: Twitter of Ministry of Mining and Energy of 16 April 2019 ENG SER
Annex 10: Photographs taken of Kostolac B3 in August and October 2019
From the communicant 27.01.2020
Letters to the Party concerned and the communicant enclosing Committee’s determination of preliminary admissibility and forwarding the communication for the Party concerned’s response From the secretariat 23.03.2020
Request for extension of deadline for response to communication From the Party concerned 13.08.2020
Email to Party concerned regarding request for extension to provide response to communication From the secretariat 17.08.2020
Response to the communication
Appendix
From the Party concerned 10.11.2020
Letters inviting Party concerned and communicants to hearing at the Committee’s 83rd meeting From the secretariat 15.04.2024
Update
Annex 11: Request by CEKOR to Ministry of Construction, Transport and Infrastructure dated 3.04.2018 to annul construction permit for chimney and repeat procedure, including confirmation of delivery SER
Annex 12: Submission by CEKOR to Administrative Court of Serbia dated 14.05.2019 challenging construction permit for turbine, boiler and generator, including confirmation of delivery SER
Annex 13: Ministry of Environmental Protection of Serbia, Decision no. 353-02-00124 / 2017-16 dated 28.02.2022 ENG SER
From the communicants 31.05.2024