Case status: Findings adopted on 29.04.2008 – No non-compliance found; see para. 3 of Decision III/6.
Follow-up: -
Topics: Definitions; Access to justice.
Articles alleged: 9 (3).
Articles considered by the Committee: 2 (2); 9 (3).
Articles, if any, found in non-compliance: -
Summary: On 3 December 2006, Mr. Søren Wium-Andersen, a resident of Denmark, submitted a communication to the Compliance Committee alleging non-compliance by Denmark with its obligations under article 9 (3) of the Convention. The communicant claimed that Danish law did not provide him with any means to challenge the alleged failure of Denmark to correctly implement the European Community Directive 79/409/EEC on the Conservation of Wild Birds (Birds Directive) and that he lacked a right to have access to a review or appeal procedure concerning the implementation of the Birds Directive in Denmark.
| Document | Status | Date received or posted by the secretariat | |
|---|---|---|---|
| Datasheet ACCC/C/2006/18 | 30.05.2008 | ||
| Communication | Main text of communication | 16.05.2007 | |
| Danish Game Statistics (in Danish) | 16.05.2007 | ||
| Guidance document on hunting under Council Directive 79/409/EEC on the conservation of wild birds | 16.05.2007 | ||
| Council Directive 79/409/EEC on the conservation of wild birds | Main text of directive | 16.05.2007 | |
| Danish regulation of 6 May 1993 (in Danish) | 16.05.2007 | ||
| Danish regulation of 10 October 2003 (in Danish) | 16.05.2007 | ||
| Report by the Communicant to the Police (22 May 2006) (in Danish) | Letter from the Communicant | 16.05.2007 | |
| Response from the Police (1 June 2006) (in Danish) | In response to the letter from the Communicant of 22.05.2006 | 16.05.2007 | |
| Appeal by the communication to the prosecutor (07.06.2006) (in Danish) | Letter from the Communicant | 16.05.2007 | |
| Response from the Prosecutor (28.07.2006) (in Danish) | In response to the letter from the Communicant of 07.06.2006 | 16.05.2007 | |
| Letter from the communicant to the Nature Protection Board (11.07.2006) (in Danish) | Letter from the Communicant | 16.05.2007 | |
| Response from the Nature Protection Board (25.07.2006) (in Danish) | In response to the letter from the Communicant of 11.07.2006 | 16.05.2007 | |
| Letter to the Party concerned forwarding the communication | Letter from the secretariat on Committee’s request | 02.04.2007 | |
| Letter to the communicant with additional questions | Letter from the secretariat on Committee’s request | 02.04.2007 | |
| Response from the communicant re additional questions | Response to the Committee’s questions contained in the secretariat’s letter of 11.04.2007 | 11.04.2007 | |
| Reponse by the Party concerned | Party's response | 10.09.2007 | |
| Reponse by the Party concerned - Add.1 MoE reponse to question S2667 | Party's response | 10.09.2007 | |
| Reponse by the Party concerned - Replies to section 20 questions | Party's response | 10.09.2007 | |
| Communicant's note on the response by the Party concerned | In response to the information provided by the Party concerned | 21.09.2007 | |
| Notification to the Party concerned regarding the discussion scheduled for CC-17 | Letter from the secretariat | 01.10.2007 | |
| Notification to communicant regarding the discussion scheduled for CC-17 | Letter from the secretariat | 01.10.2007 | |
| Report on Access to Justice in Denmark | Additional information provided by the Party concerned in advance of the discussion on the communication | 08.11.2007 | |
| Draft findings and recommendations of the Committee | As sent to the parties concerned | 01.02.2008 | |
| Letter to the Party concerned of 01.02.2008 | Sent by the secretariat on behalf of the Committee forwarding the draft findings for comment by the parties concerned | 01.02.2008 | |
| Letter to the communicant of 01.02.2008 | Sent by the secretariat on behalf of the Committee forwarding the draft findings for comment by the parties concerned | 01.02.2008 | |
| Comments from the Communicant on the Committee's draft findings and recommendations | Letter from the communicant | 15.02.2008 | |
| Letter for the Technical Department in Hilleroed dated 3 May 2006 | Addendum 1 to the communicant’s comments on the draft findings and recommendations | 15.02.2008 | |
| Mail for the Technical Department in Hilleroed dated 5 May 2006 | Addendum 2 to the communicant’s comments on the draft findings and recommendations | 15.02.2008 | |
| Mail for the Technical Department in Hilleroed dated 18 May 2006 |
Addendum 3 to the communicant’s comments on the draft findings and recommendations |
15.02.2008 | |
| Letter to the editor dated 9 June 2006 | Addendum 4 to the communicant’s comments on the draft findings and recommendations | 15.02.2008 | |
| Prof. Peter Pagh Comment to report on EU Member States’ measures on access to justice in environmental matters - regarding Denmark, 5 December 2007 | Addendum 5 to the communicant’s comments on the draft findings and recommendations | 15.02.2008 | |
| Additional comments from the communicant | Letter from from communicant | 18.02.2008 | |
| Comments by the Party concerned on the Committee's draft findings and recommendations | Letter from the Party concerned | 14.03.2008 | |
| Letter to the Party concerned of 21.05.2008 | Letter from the secretariat forwarding the final version of the draft findings and recommendations | 21.05.2008 | |
| Letter to the communicant of 21.05.2008 | Letter from the secretariat forwarding the final version of the draft findings and recommendations | 21.05.2008 | |
| Findings of the Compliance Committee with regard to compliance by Denmark wtih its obligations under the Convention | Addendum 4 to the Report of the Compliance Committee to the 3rd meeting of the Parties (ECE.MP.PP/2008/5/Add.4) | 29.04.2008 |