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ACCC/C/2013/89 Slovakia

Case status: Findings adopted on 19.06.2017 – Non-compliance found.
Follow-up: Concluded; see para. 16 of Decision VII/8 on general issues of compliance, Decision VI/8i.
Topics: Definitions; Clear, transparent and consistent framework; Access to environmental information; Public participation; Access to justice.
Articles alleged: 3 (1); 6 (2) (d) (vi); 9 (2), 9 (3), 9 (4).
Articles considered by the Committee: 2 (3); 3 (1); 4 (4); 6 (2), 6 (6); 9 (4).
Articles, if any, found in non-compliance: 4 (4); 6 (6).
Summary: On 10 June 2013, three NGOs - Greenpeace Slovakia, Via Iuris and GLOBAL 2000/Friends of the Earth Austria- submitted a communication to the Compliance Committee alleging the failure of Slovakia to comply with the Convention’s provisions on public participation and access to justice. Specifically, the communicants alleged that the Party concerned failed to comply with its obligations under the Convention in the course of decision-making on the extension to reactors 3 and 4 of the Mochovce nuclear power plant. 

Document Status Date received or posted by the secretariat
Determination on admissibility At CC-41 28.06.2013

Communication 

Annex 1
Annex 2
Annex 3

From the communicant 10.06.2012
Letter to the Party concerned forwarding the communication From the secretariat 26.07.2013
Letter to the communicant From the secretariat 26.07.2013

Email with additional information

Annex 1 (Court decision in Slovak)

Annex 2 (nuclear authority decision in Slovak)

From the communicant 22.08.2013

Email with additional information

Annex I - Slovakian Nuclear Supervisory Commission note on re-opening the permit procedure (in Slovak)

Annex II - Greenpeace petition to Attorney-General (in English)

Annex III - Ruling of Slovak Supreme Court  (in Slovak)  

From the communicant 19.09.2013
Response to the communication From the Party concerned  

23.12.2013

(sent on 8.01.2014)

Requested access to information ( Slovak) (ENG) From the communicant 24.09.2014
Response from UJD on request to give access to information (Slovak) (ENG) From the communicant 24.09.2014
Additional information enclosing English translations of communicant's correspondence with UJD of 07.10.2013 and 18.10.2013 (also posted on 24.09.2014 above)  From the communicant 03.10.2014
Letter to the Party concerned and communicant enclosing questions from the Committee From the secretariat 03.11.2014

Response to Committee's questions

From the communicant

01.12.2014
Response to Committee's questions
Annex (in Slovak)
From the communicant 08.12.2014
Cover letter
Comments from the Party
From the Party concerned 08.12.2014
Additional comments From the Party concerned 26.06.2015
Draft findings and letters to the Party concerned and communicant inviting their comments From the secretariat 27.06.2016

Cover letter enclosing comments on the draft findings

Annex 1: The Supreme Court's judgement Ref. No. 3Sži/22/2014 Greenpeace Slovakia vs ÚJD SR Slovak ENG
Annex 2: Notice of initiation of a new appellate procedure Slovak ENG
Annex 3: SE statement Slovak ENG
Annex 4: Further action in the proceedings Slovak ENG
Annex 5: Greenpeace - Withdrawal of remonstration in the proceeding Slovak ENG
Annex 6: Call for granting a consent by the other party Slovak ENG
Annex 7: Statement on the call by the Nuclear Regulatory Authority of SR Slovak ENG
Annex 8: Decision No. 586/2015 Slovak ENG
Annex 9: Directive on Identification and Removal of Sensitive Information from Documents which are to be Made Available to Public Slovak ENG

From the Party concerned 25.07.2016
Comments on the draft findings From the communicants 25.07.2016
Comments on the Party concerned's comments on the draft findings From the communicant 27.02.2017
Email concerning comments received from the communicant From the secretariat 30.03.2017
Comments on secretariat's email From the Party concerned 31.03.2017
Email concerning comments received from the Party concerned and pending publication of revised draft findings From the secretariat 04.04.2017
Revised draft findings and letters to the Party concerned and communicant inviting their comments From the secretariat 06.04.2017
Email in response to the revised draft findings From the communicant 21.04.2017
Cover letter enclosing comments on the revised draft findings From the Party concerned 27.04.2017
Findings ENG FRE RUS   19.06.2017