ACCC/C/2009/36 Spain

Case status: Findings adopted on 18.06.2010 – Non-compliance found.
Follow-up: On-going; see Decision VII/8p, Decision VI/8j, Decision V/9k, Decision IV/9f. 
Topics: Protection of environmental defenders; Access to environmental information; Public participation; Access to justice.
Articles alleged: 3 (8); 4 (1), 4 (2); 6 (4), 6 (5); 9 (1), 9 (5).
Articles considered by the Committee: 3 (8); 4 (1), 4 (2), 4 (7); 6 (3), 6 (6); 9 (4), 9 (5)
Articles, if any, found in non-compliance: 3 (8); 4 (1), 4 (1) (b), 4 (2); 6 (3), 6 (6); 9 (4), 9 (5).
Summary: On 2 March 2009, the Spanish non-governmental organization “Plataforma Contra la Contaminación del Almendralejo” submitted a communication to the Compliance Committee alleging the failure by Spain to comply with its obligations under the Convention. The communicant alleged that by failing to ensure that public authorities provide environmental information upon request in a timely manner and without the need to state an interest, the Party concerned is not in compliance with article 4 (1) and (2) of the Convention; that by failing to ensure that its public authorities allocate sufficient time for public consultations on complex projects and provide appropriate access to project documentation, the Party concerned is not in compliance with article 6 (4) and (5) of the Convention; and that by excluding small NGOs from legal aid for bringing cases to the courts, the Party concerned is not in compliance with article 9 (1) and (5) of the Convention. The communicant also alleged non-compliance with article 3 (8) of the Convention, because its members had been publicly insulted and harassed by the Mayor of Almendralejo in the mass media.