Case status: Findings adopted on 08.02.2011 – Non-compliance found.
Follow-up: Ongoing; Decision VII/8p, Decision VI/8j, Decision V/9k, Decision IV/9f.
Topics: Access to environmental information; Public participation; Access to justice.
Articles alleged: 4 (8); 6 (1) (a), 6 (2) (a), 6 (2) (b), 6 (4), 6 (6); 9 (2)–(5).
Articles considered by the Committee: 4 (1), 4 (2), 4 (8); 6 (1) (a), 6 (2)–(4), 6 (6), 6 (8), 6 (9); 7; 9 (2)–(4).
Articles, if any, found in non-compliance: 4 (1) (b), 4 (2), 4 (8); 6 (3); 9 (4).
Summary: On 13 May 2008, the Spanish non-governmental organization Association for Environmental Justice submitted a communication to the Compliance Committee on behalf of itself and the Association of Senda de Granada Oeste Neighbours alleging non-compliance by Spain with articles 4 (8), 6 (1) (a), (2) (a), (2) (b), (4) and (6), and 9 (2)–(5), of the Convention. The communicant alleged non-compliance by the Party concerned in relation to the decision-making on a residential development project in the city of Murcia, Spain.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Datasheet ACCC/C/2008/24 | 05.02.2010 | |
| Determination on admissibility | At CC-20 | 10.06.2008 |
| Communication | 13.05.2008 | |
| Annex 1 (Court decision of 12.03.07 (case 539/2006)) and Annex 2 (Court decision of 21.12.07 (case 953/2007)) | Annexes to the communication | 13.05.2008 |
| Annex 3 - Payment Receipt for Provision of Information | Annex to the communication | 13.05.2008 |
| Annex 4 - Fees Chart for Services by Murcia City Council (2008) | Annex to the communication | 13.05.2008 |
| 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-20 | 08.08.2008 |
| Letter to the communicant regarding preliminary admissibility of the communication and request for a written summary of the additional information provided orally to the Committee at its 20th meeting in connection with the preliminary determination on admissibility | Letter from the secretariat sent at the request of the Committee | 07.08.2008 |
| Letter from the communicant providing written summary of the additional information provided orally to the Committee at its 20th meeting in connection with the preliminary determination on admissibility | Letter to the secretariat | 28.08.2008 |
| Annex 1 - Response from the Chief of the Regional Department of Environmental Quality dated 28.06.2005 | Annex to the additional information from the communicant | 28.08.2008 |
| Annex 2 - Complaint submitted by the communicant on 9.03.2007 | Annex to the additional information from the communicant | 28.08.2008 |
| Annex 3 - Complaint submitted by the communicant on 17.04.2007 | Annex to the additional information from the communicant | 28.08.2008 |
| Annex 4 - Press release concerning costs of access to files | Annex to the additional information from the communicant | 28.08.2008 |
| Annex 5 - Project UA1 - photo 1 | Annex to the additional information from the communicant | 28.08.2008 |
| Annex 6 - Project UA1 - photo 2 | Annex to the additional information from the communicant | 28.08.2008 |
| Annex 7 - Current state of traditional orchard land - photo | Annex to the additional information from the communicant | 28.08.2008 |
| Letter to the Party concerned regarding the discussion on the subject matter of the communication | Letter from the secretariat sent at the request of the Committee | 12.01.2009 |
| Letter to the communicant regarding the discussion on the subject matter of the communication | Letter from the secretariat sent at the request of the Committee | 12.01.2009 |
| Letter from the communicant with documents for the Committee's discussion | Letter from the communicant to the secretariat | 24.03.2009 |
| Annex 1 - Decision adopted by the Environmental Quality Office on September 24, 2004 | Annex to the additional information from the communicant | 24.03.2009 |
| Annex 2 - Decision adopted by the regional authority on the administrative appeal | Annex to the additional information from the communicant | 24.03.2009 |
| Annex 3(1) - Public notice informing on the beginning of the commenting period for the Modification no. 50 to 2001 Murcia City General Plan | Annex to the additional information from the communicant | 24.03.2009 |
| Annex 3(2) - Public notice informing on the beginning of the commenting period for the initial approval of Land Slot Plan ZA-Ed 3 | Annex to the additional information from the communicant | 24.03.2009 |
| Annex 3(3) - Public notice informing on the beginning of the commenting period for the initial approval of Urbanization Project UA1 of the Land Slot Plan ZA-Ed3 | Annex to the additional information from the communicant | 24.03.2009 |
| Annex 3(4) - Budget prepared by a lawyer from Murcia | Annex to the additional information from the communicant | 24.03.2009 |
| Clarification regarding national EIA legislation applicable to the decisions related to the communication | Letter from the communicant to the secretariat | 01.04.2009 |
| Intervention of the communicant during the twenty-third meeting | Letter from the communicant to the secretariat | 01.04.2009 |
| Introductory comments to Intervention of the communicant during the twenty-third meeting | Letter from the communicant to the secretariat | 02.04.2009 |
| Clarification by the communicant with regard to: (1) reasons why the Association did not challenge before the courts the lack of access to environmental information and (2) the Spanish legal system regarding environmental responsibilities | Letter from the communicant to the secretariat | 02.04.2009 |
| Annex 1 - Letter requesting to prove representation | Annex to the clarification from the communicant | 02.04.2009 |
| Letter from the communicant providing information about Spanish legislation related to the communication that it is in non-compliance with the Aarhus Convention | Letter from the communicant | 11.05.2009 |
| Letter to the Party concerned informing on outcome of discussion and on further steps and new documents received | Letter to the Party concerned | 12.05.2009 |
| Letter of excuse from the Party concerned (Spanish) (English) | Letter from the Party concerned | 17.06.2009 |
| Response of the Party concerned with its position on the case (Spanish) (English - only first page) (English - discard first page) | Response of the Party concerned | 26.06.2009 |
| Annex 1 - Status of the documentation related to the case (Spanish) | Annex to the response | 26.06.2009 |
| Annex 2 - Urban information material (Spanish) | Annex to the response | 26.06.2009 |
| Annex 3 - Response by Murcia Secretary General (Spanish) | Annex to the response | 26.06.2009 |
| Annex 4a - Urban information material about Murcia (Spanish) | Annex to the response | 26.06.2009 |
| Annex 4b - Complementary information material (Spanish) | Annex to the response | 26.06.2009 |
| Annex 4c - Appearance information material (Spanish) | Annex to the response | 26.06.2009 |
| Annex 4d - Request of information documentation (Spanish) | Annex to the response | 26.06.2009 |
| Message from the communicant with its reaction to the Party concerned's position | Message from the communicant | 01.07.2009 |
| Letter with an update about the preparation of draft findings | Letter to the Party concerned | 24.08.2009 |
| Letter with an update about the preparation of draft findings | Letter to the communicant | 24.08.2009 |
| Letter with text of a new judicial resolution (cover) (text) | Letter from the communicant | 25.09.2009 |
| Draft findings and recommendations | Text | 16.11.2009 |
| Letter to the communicant forwarding draft findings and recommendations for comments | Letter from the secretariat | 16.11.2009 |
| Letter to the Party concerned forwarding draft findings and recommendations for comments | Letter from the secretariat | 16.11.2009 |
| Comments on the draft findings and recommendations from the communicant | Message from the communicant | 11.12.2009 |
| Comments on the draft findings and recommendations from the Party concerned: from the State Advocate's office (Spanish) (English) and from the Subdirection General of Legislation - Ministry of Environment (Spanish) (English) | Message from Party concerned | 11.12.2009 |
| Remarks by the Party concerned on the comments from the communicant (Spanish) (partial English translation) | Message from the Party concerned | 15.12.2009 |
| Remarks by the Party concerned on the comments from the communicant | Message from the communicant | 17.12.2009 |
| Letter to the Party concerned clarifying one procedural point | Letter from the secretariat | 22.12.2009 |
| Letter in reply to the point raised by the Committee by letter dated 22.12.2009 | Letter from the Party concerned | 14.01.2010 |
| Annex - Comments from Murcia on the draft findings (Spanish) (partial translation into English) | Annex to the letter from the Party concerned | 14.01.2010 |
| Letter sending findings and recommendations to the communicant | Letter from the secretariat | 21.01.2010 |
| Letter sending findings and recommendations to the Party concerned | Letter from the secretariat | 21.01.2010 |
| Findings and recommendations | Text | 21.01.2010 |
| Findings (En Fr Ru) | From the secretariat | 08.02.2011 |
| Follow-up on compliance | From the secretariat | 07.01.2011 |
| Response on follow-up (Es) (En) Annex I Annex II Annex III Annex IV Annex V Annex VI Annex VII |
From the Party concerned | 08.02.2011 |
| Response from the communicant (cover email) Annex I (Es) Annex II (Es) |
From the communicant | 23.02.2011 |
| Draft report from the Committee and cover letter | From the secretariat | 01.03.2011 |
| Response from the Party concerned Annex 1 (En) (Es) Annex 2 (En) (Es) |
From the Party concerned | 15.03.2011 |
| Response from the communicant | From the communicant | 17.03.2011 |
| Report of the Committee ENG FRE RUS | From the secretariat | 11.05.2011 |
| Letter with respect to follow-up on C/24 and C/36 Annex I (Es) Annex II (Es) Annex III (Es) |
From the Party concerned | 15.06.2011 |
