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 |