Case status: Findings adopted on 16.06.2008 – No non-compliance found; see para. 3 of Decision III/6.
Follow-up: -
Topics: Definitions; Clear, transparent and consistent framework; Access to justice.
Articles alleged: 2 (5); 3 (1); 9 (1)–(4).
Articles considered by the Committee: 2 (2), 2 (5); 3 (1); 9 (2)–(4)
Articles, if any, found in non-compliance: -
Summary: On 3 January 2005, Belgian non-governmental organization Bond Beter Leefmilieu Vlaanderen VZW submitted a communication to the Compliance Committee alleging non-compliance by Belgium with its obligations under articles 2 (5), 3 (1), and 9 (1)–(4) of the Convention in connection with requirements for standing for environmental non-governmental organizations before the Belgian judicial bodies in cases concerning construction permits and planning decisions.
| Document | Status | Date received or posted by the secretariat | |
|---|---|---|---|
| Datasheet ACCC/C/2005/11 (Belgium) | 30.05.2008 | ||
| Preliminary determination on admissibility of communication | Adopted by the Compliance Committe at the 7th meeting | 18.02.2005 | |
| Communication ACCC/C/2005/11 (Belgium) | Text | 03.01.2005 | |
| Proposition of law by Belgian senator Nyssens dated 09.07.2003 | Appendix 1 | 03.01.2005 | |
| Communication - Arrest117.681 Council of State dated 28.03.2003 | Appendix 3 | 03.01.2005 | |
| Communication - Arrest 87.879 Council of State dated 07.06.2000 | Appendix 4 | 03.01.2005 | |
| Communication - Verdict Correctional Court dated 21.09.1998 | Appendix 5 | 03.01.2005 | |
| Communication - Arrest 133.834 Council of State dated 13.07.2004 | Appendix 6 | 03.01.2005 | |
| Communication - Arrest 135.408 Council of State dated 24.09.2004 | Appendix 7 | 03.01.2005 | |
| Letter to the Party informing about the communication and raising several points | Letter from the secretariat sent at the request of the Committee | 10.03.2005 | |
| Belgium response cover note | Covernote to reponse by Belgium purusuant to para. 23 of the annex to decision I/7 | 08.08.2005 | |
| Response by Belgium | Response purusant to para. 23 of the annex to decision I/7 | 08.08.2005 | |
| Annex to the response by Belgium | Annex 1 to the reponse | 08.08.2005 | |
| Committee's additional questions to the Party concerned | Letter from the secretariat sent at the request of the Committee | 25.10.2005 | |
| Party's response to the additional questions of the Committee | In response to the letter from the secretariat dated 25.10.2005 | 21.11.2005 | |
| Request from the Committee to the Party concerned for further clarifications | Letter from the secretariat sent at the request of the Committee | 09.12.2005 | |
| Party's response to the Committee's request for clarifications | In response to the letter from the secretariat dated 09.12.2005 | 16.01.2006 | |
| Draft findings and recommendations | Draft findings on compliance by Belgium prepared by the Compliance Committee | 26.04.2006 | |
| Letter from the secretariat to the Party concerned forwarding the draft findings and recommendations of the Committee | Letter from the secretariat sent at the request of the Committee | 27.04.2006 | |
| Letter from the secretariat to the communicant forwarding the draft findings and recommendations of the Committee | Letter from the secretariat sent at the request of the Committee | 27.04.2006 | |
| Belgium response draft findings | Letter to the Secretariat | 27.04.2006 | |
| Communicant's comments on the draft findings | Letter to the Secretariat | 29.05.2006 | |
| Communicant comments –annex1 | Annex 1 to the communican'ts comments on the draft findings of the Committee | 29.05.2006 | |
| Communicant comments-annex 2 | Annex 2 to the communican'ts comments on the draft findings of the Committee | 29.05.2006 | |
| Findings and recommendations of the Compliance Committee with regard to compliance by Belgium with the Convention | Addendum 2 to the report of the 12th meeting of the Committee (ECE/MP.PP/2006/4/Add.2) | 28.07.2006 | |
| Update from Belgium on the implementation of the Committee's recommendations | Letter from the Party conerned | 27.02.2008 | |
| Annex 1: Bill concerning amendments of the legislation regulating the Council of State with a view to providing non-governmental organizations the right to introduce a collective interest action (16.03.2007) | Annex 1 to the update on the implementation of the Committee's recommendations | 27.02.2008 | |
| Annex 2: Bill concerning legislative amendments with regard to matters regulated by article 77 of the Constitution (31.01.2008) | Annex 2 to the update on the implementation of the Committee's recommendations | 27.02.2008 | |
| Annex 3: Report to the Senate concerning amendments of the legislation regulating the Council of State with a view to providing non-governmental organizations the right to introduce a collective interest action (22.12.2006) | Annex 3 to the update on the implementation of the Committee's recommendations | 27.02.2008 | |
| Draft report by the Compliance Committee to the 3rd meeting of the Parties: Compliance by Belgium with its obligations under the Convention | Draft prepared by the Compliance Committe at its 19th meeting | 03.11.2008 | |
| Letter to the Party concerned forwarding the draft report to the 3rd meeting of the Parties with regard to compliance by Belgium | Letter from the secretariat sent at the request of the Committee | 03.11.2008 | |
| Letter to the communicant forwarding the draft report to the 3rd meeting of the Parties with regard to compliance by Belgium | Letter from the secretariat sent at the request of the Committee | 03.11.2008 | |
| Communicant's comments on the draft report of the Committee to the 3rd meeting of the Parties with regard to compliance by Belgium | Letter from the communicant in response to the letter from the secretariat dates 03.11.2008 | 18.03.2008 | |
| Report of the Compliance Committee to the third Meeting of the Parties to the Aarhus Convention: Compliance by Belgium with its obligations under the Convention | Addendum 3 to the Report of the Compliance Committee to the 3rd meeting of the Parties (ECE/MP.PP/2008/5/Add.3) | 02.04.2008 |