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ACCC/C/2009/37 Belarus

Case status: Findings adopted on 24.09.2010 – Non-compliance found.
Follow-up: Suspended upon the Party concerned’s withdrawal from the Convention, which entered into effect on 24 October 2022; see Decision VII/8c, Decision VI/8c, Decision V/9c, Decision IV/9b.
Topics: Definitions; Access to environmental information; Public participation.
Articles alleged: 4 (1); 6 (2), 6 (3), 6 (6)–(9).
Articles considered by the Committee: 2 (2), 2 (3); 3 (8); 4 (1)–(3); 4 (5); 5 (1), 5 (2); 6 (1)–(3), 6 (5), 6 (6)–6 (9).
Articles, if any, found in non-compliance: 4 (1); 6 (2), 6 (3), 6 (6)–(9).
Summary: On 14 March 2009, members of the public submitted a communication to the Compliance Committee alleging a failure by Belarus to comply with its obligations under the Convention. The communication alleged that by failing to make information available to the public with regard to the hydropower plant project on the Neman River in Belarus, the Party concerned failed to comply with articles 4 (1), and 6 (6) of the Convention. The communication further alleged that by failing to notify and consult adequately with the public in the decision-making process, the Party concerned failed to comply with the requirements of article 6 (2), (3), 6 (7)–(9), of the Convention. 

Document Status Date received or posted by the secretariat
Datasheet ACCC/C/2009/37 (Belarus) Latest datasheet on the status of the communication 14.10.2010
Determination on admissibility At CC-23 01.05.2009
Communication Communication ACCC/C/2009/37 01.05.2009
Letter to the Party concerned forwarding the communication and requesting additional information Letter from the secretariat 01.05.2009
Document on the questions of the Committee Letter from the communicant 01.10.2009
Message informing on similar issue under Espoo Convention Letter from the communicant 05.08.2009
Annex - Information on non-compliance under Espoo Annex to the letter from the communicant 05.08.2009
Annex - Description of the issue under Espoo Annex to the letter from the communicant 05.08.2009
Annexes in Russian (I) (II) (III) (IV) Annex to the letter from the communicant 05.08.2009
Amicus brief from European ECO Forum (cover) (annex I) (annex II) Letter from the amicus 08.10.2009
Letter to the Party concerned inviting it to the discussion at CC-26 and giving details Letter from the secretariat 06.11.2009
Letter to the representative of the communicant (ECOForum) inviting it to the discussion at CC-26 and giving details Letter from the secretariat 06.11.2009
Letter to the amicus inviting it to the discussion at CC-26 and giving details Letter from the secretariat 06.11.2009
Joinder motion from the Council of Public Association “Ecohome” and the Belarussian Party of “Greens” Letter from the two organisations 24.11.2009
Letter to the Committee with the Party concerned's response to the additional information requested (Russian) (English) Letter from the Party concerned 25.11.2009
Letter to the amicus with regard to the joinder motion and the discussion at CC-26 Letter from the secretariat 03.12.2009
Letter to parties informing on the outcome at CC-26 Letter from the secretariat 25.01.2010
Draft findings and letter to parties Letter from the secretariat 03.08.2010
Email from the communicant on the draft findings From the communicant 16.08.2010
Letter to the Party concerned on follow-up Letter from the secretariat 23.08.2010
Comments (Ru) (En) on the draft findings and appendices:

Allegation from the public (Ru) (En)
Response to the allegation (1) (Ru) (En)
Response to the allegation (2) (Ru) (En)
Environmental Expertiza Law (Ru) (En)
Regulation on Conduct of EIA (Ru) (En)
From the Party concerned 01.09.2010
Findings and letter to parties Letter from the secretariat 08.10.2010
Follow-up on compliance From the secretariat 07.01.2011
Response Ru En From the Party concerned 28.01.2011
Findings (En) (Fr) (Ru) From the secretariat 12.05.2011