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ACCC/C/2006/17 European Community

Case status: Findings adopted on 02.05.2008 – No non-compliance found; see para. 3 of Decision III/6.
Follow-up: -
Topics: Clear, transparent and consistent framework; Public participation; Access to justice.
Articles alleged: 6 (2), 6 (4); 9 (2).
Articles considered by the Committee: 3 (1); 6 (1), 6 (2), 6 (4); 9 (2), 9 (4).
Articles, if any, found in non-compliance: -
Summary: On 12 June 2006, Association Kazokiskes Community submitted a communication to the Compliance Committee alleging non-compliance by the European Community with its obligations under articles 6 (2) and (4), and 9 (2) of the Convention. The communication concerned compliance with the requirement of article 6 of the Convention in connection with Council Directive 96/61/EC concerning integrated pollution prevention and control (IPPC Directive) and the decision of the European Commission to co-finance a landfill in Kazokiskes (Lithuania). The communicant alleged failure to comply with provisions regarding decision-making concerning co-financing of establishment of the landfill, and a general failure to correctly implement provisions of the Convention into the Community law, in particular through the provisions of the IPPC Directive.

  Document Status Date received or posted by the secretariat
  Datasheet ACCC/C/2006/17   30.05.2008
  Determination on admissibility At CC-12 16.06.2006
  Communication   16.06.2006
  Financial memorandum Annex 1 16.06.2006
  Communication C/16 (Lithuania) Annex 2 16.06.2006
  Summary of communication C/16 (Lithuania) Annex 3 16.06.2006
  Complaint to the EC Annex 4 16.06.2006
  Letter from the EC to the communicant Annex 5 16.06.2006
  IPPC Directive Annex 6 16.06.2006
  Directive 2003/35 on public participation Annex 7 16.06.2006
  Letter to the communicant requesting additional information Letter from the secretariat sent at the request of the Committee made at CC-12 11.08.2006
  Letter from the communicant In response to the secretariat’s letter of 11.08.2006 10.11.2006
  Information from the Ministry of Environment of Lithuania on environmental permit for Vilnius County Municipal Landfill Annex 8 10.11.2006
  EC press release Annex 9 10.11.2006
  Letter to the Party informing about the communication and raising several points Letter from the secretariat sent at the request of the Committee made at CC-12 11.08.2006
  Letter to the Party re additional question Letter from the secretariat sent at the request of the Committee made at CC-13 17.10.2006
  Letter from the EC requesting delay in providing response Letter 10.01.2007
  Response from the Party - Covernote Letter to the secretariat 02.05.2007
  Response from the Party – in French Party’s response 02.05.2007
  Response from the Party – in English Party’s response 02.05.2007
  Response from the Party - Add.1-EIA Directive – in French Party’s response-Annex 1-French 02.05.2007
  Response from the Party – Add.2-EIA Directive - in English Party’s response –Annex 1-Engl. 02.05.2007
  Additional Information from the Party - in English Provided in response to the Committee's request made at CC-17 21.11.2007
  Additional Information from the Party - in French Provided in response to the Committee's request made at CC-17 21.11.2007
  Draft findings and recommendations of the Committee As forwarded for comments to the parties concerned on 27.02.2008 27.02.2008
  Comments of the communicant on the Committee's draft findings and recommendations Letter from the communicant 02.04.2008
  Comments of the Party concerned on the Committee's draft findings and recommendations Letter from the Party concerned 07.04.2008
  Letter to the Party concerned of 21.05.2008 Letter from the secretariat forwarding the final version of the Committee's findings 21.05.2008
  Letter to the communicant of 21.05.2008 Letter from the secretariat forwarding the final version of the Committee's findings 21.05.2008
  Findings of the Compliance Committee with regard to compliance by the European Community with its obligations under the Convention Addendum 10 to the report by the Committee to the 3rd meeting of the Parties (ECE/MP.PP/2008/5/Add.10) 02.05.2008