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ACCC/C/2008/30 Republic of Moldova

Case status: Findings adopted on 11.05.2011 – Non-compliance found.
Follow-up: Concluded; see para. 14 of Decision V/9, Decision IV/9d.
Topics: Definitions; Clear, transparent and consistent framework; Access to environmental information; Access to justice.
Articles alleged: 3 (1), 3 (2); 4 (1), 4 (2), 4 (4).
Articles considered by the Committee: 2 (2)–(5); 3 (1), 3 (2); 4 (1), 4 (2), 4 (4), 4 (7); 9 (1).
Articles, if any, found in non-compliance: 3 (1), 3 (2); 4 (1), 4 (2), 4 (4), 4 (7); 9 (1).
Summary: On 3 November 2008, the non-governmental organization Eco-TIRAS International Environmental Association of River Keepers submitted a communication to the Compliance Committee alleging a failure by Moldova to comply with its obligations under the Convention. The communication alleged that by failing to provide information on contracts for rent of land of the State Forestry Fund, the Republic of Moldova was not in compliance with articles 3 (2) and 4 (1) and (2) of the Convention. The communication further alleged that by adopting Regulation No. 187, that set out a broad rule with regard to the confidentiality of the information received from the rent holder, the Party concerned was not in compliance with articles 3 (1) and 4 (4) of the Convention. 

Document Status Date received or posted by the secretariat
Datasheet ACCC/C/2008/30 (Republic of Moldova) Latest datasheet on the status of the communication 20.11.2009
Determination on admissibility At CC-22 19.12.2008
Communication Communication ACCC/C/2008/30 03.11.2008
Annexes 1-10 to the communication (in English) Annexes 1-10 to the communication (in English) 03.11.2008
Annex 11: Law on Access to Information (in English) Annex 11 to the communication (in English) 03.11.2008
Annex 1: Letter from the communicant to the Moldovan Forest Agency Moldsilva dated 9.01.2008 requesting copies of contracts for rent of forest land (in Moldovan) Annex 1 to the communication 03.11.2008
Annex 2: Reponse from Moldsilva to the communicant dated 31.01.2008 refusing to provide the requested copies of contracts Annex 2 to the communication 03.11.2008
Annex 3: Letter from the communicant to Moldsilva contesting the refusal to provide information dated 21.02.2008 (in Moldovan), page 1, page 2 Annex 3 to the communication 03.11.2008
Annex 4: Response from Moldsilva to the communicant dated 14.03.2008 rejecting the request for information (in Moldovan) Annex 4 to the communication 03.11.2008
Annex 5: Lawsuit against Moldsilva filed by the communicant witht he Chishinau Court of Appeals on 27.03.2008 (in Moldovan), page 1, page 2 Annex 5 to the communication 03.11.2008
Annex 6: Witten statement by the defendant (Moldsilva) in a lawsuit concerning access to copies of rent agreements dated 04.06.2008 (in Moldovan), page 1, page 2 Annex 6 to the communication 03.11.2008
Annex 7 - Written counterargument by the communicant in the lawsuit against Moldsilva concerning access to copies of rent agreements dated 20.06.2008 (in Moldovan), page 1, page 2, page 3, page 4, page 5 Annex 7 to the communication 03.11.2008
Annex 8: Decision of the Civil Chamber of the Chishinau Court of Appeals of 23.06.2008 in the case of ECO-TIRAS vs Moldsilva (in Moldovan), page 1, page 2, page 3 Annex 8 to the communication 03.11.2008
Annex 9: Letter from the communicant to Moldsilva forwarding the court decision and requesting copies of the agreements for rent of forest land (in Moldovan) Annex 9 to the communication 03.11.2008
Annex 10: Government Decree No 187 of 20.02.2008 concerning the Regulation on the rent of forest land (in Russian) Annex 10 to the communication 03.11.2008
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-22 24.12.2008
Letter to the communicant regarding preliminary admissibility of the communication and request for additional information Letter from the secretariat sent at the request of the Committee made at CC-22 24.12.2008
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 28.04.2009
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 28.04.2009
Letter from the communicant with answers to the issues raised with letter on 24.12.2009 Letter from the communicant 20.05.2009
Letter from the Party concerned with answers to the issues raised with letter on 24.12.2009 Letter from the Party concerned 22.05.2009
Letter from the Party concerned with the official position of the Party concerned Letter from the Party concerned 24.06.2009
Letter from the communicant with the official position after the latest letter from the Party concerned Letter from the communicant 25.06.2009
Fax outlining Moldova's position and absence in the discussion Letter from the Party concerned 03.07.2009
Letter to the communicant enclosing draft findings Letter from the secretariat 18.08.2009
Letter to the Party enclosing draft findings Letter from the secretariat 18.08.2009
Draft Findings and Recommendations Draft for comments by the parties concerned 18.08.2009
Message from the Party concerned with comments on the draft findings Message from the Party concerned 16.09.2009
Letter from the communicant commenting on the draft findings Message from the communicant 16.09.2009
Letter forwarding findings to communicant From the secretariat 31.10.2009
Letter forwarding findings to Party concerned From the secretariat 31.10.2009
Findings and recommendations Advance copy 31.10.2009
Findings (En Fr Ru) From the secretariat 08.02.2011
Follow-up on compliance From the secretariat 07.01.2011
Draft report from the Committee and cover letter From the secretariat 03.03.2011
Response to the letter of 07.01.2011 From the Party concerned 09.03.2011
Response to the letter of 03.03.2011 From the Party concerned 16.03.2011
Report of the Committee ENG FRE RUS From the secretariat 11.05.2011