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ACCC/C/2008/24 Spain

Case status: Findings adopted on 08.02.2011 – Non-compliance found.
Follow-up: Ongoing; Decision VII/8p, Decision VI/8j, Decision V/9k,  Decision IV/9f
Topics: Access to environmental information; Public participation; Access to justice.
Articles alleged: 4 (8); 6 (1) (a), 6 (2) (a), 6 (2) (b), 6 (4), 6 (6); 9 (2)–(5). 
Articles considered by the Committee: 4 (1), 4 (2), 4 (8); 6 (1) (a), 6 (2)–(4), 6 (6), 6 (8), 6 (9); 7; 9 (2)–(4).
Articles, if any, found in non-compliance: 4 (1) (b), 4 (2), 4 (8); 6 (3); 9 (4).
Summary: On 13 May 2008, the Spanish non-governmental organization Association for Environmental Justice submitted a communication to the Compliance  Committee on behalf of itself and the Association of Senda de Granada Oeste Neighbours alleging non-compliance by Spain with articles 4 (8), 6 (1) (a), (2) (a), (2) (b), (4) and (6), and 9 (2)–(5), of the Convention. The communicant alleged non-compliance by the Party concerned in relation to the decision-making on a residential development project in the city of Murcia, Spain.

Document Status Date received or posted by the secretariat
Datasheet ACCC/C/2008/24   05.02.2010
Determination on admissibility At CC-20 10.06.2008
Communication   13.05.2008
Annex 1 (Court decision of 12.03.07 (case 539/2006)) and Annex 2 (Court decision of 21.12.07 (case 953/2007)) Annexes to the communication 13.05.2008
Annex 3 - Payment Receipt for Provision of Information Annex to the communication 13.05.2008
Annex 4 - Fees Chart for Services by Murcia City Council (2008) Annex to the communication 13.05.2008
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-20 08.08.2008
Letter to the communicant regarding preliminary admissibility of the communication and request for a written summary of the additional information provided orally to the Committee at its 20th meeting in connection with the preliminary determination on admissibility Letter from the secretariat sent at the request of the Committee 07.08.2008
Letter from the communicant providing written summary of the additional information provided orally to the Committee at its 20th meeting in connection with the preliminary determination on admissibility Letter to the secretariat 28.08.2008
Annex 1 - Response from the Chief of the Regional Department of Environmental Quality dated 28.06.2005 Annex to the additional information from the communicant 28.08.2008
Annex 2 - Complaint submitted by the communicant on 9.03.2007 Annex to the additional information from the communicant 28.08.2008
Annex 3 - Complaint submitted by the communicant on 17.04.2007 Annex to the additional information from the communicant 28.08.2008
Annex 4 - Press release concerning costs of access to files Annex to the additional information from the communicant 28.08.2008
Annex 5 - Project UA1 - photo 1 Annex to the additional information from the communicant 28.08.2008
Annex 6 - Project UA1 - photo 2 Annex to the additional information from the communicant 28.08.2008
Annex 7 - Current state of traditional orchard land - photo Annex to the additional information from the communicant 28.08.2008
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 12.01.2009
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 12.01.2009
Letter from the communicant with documents for the Committee's discussion Letter from the communicant to the secretariat 24.03.2009
Annex 1 - Decision adopted by the Environmental Quality Office on September 24, 2004 Annex to the additional information from the communicant 24.03.2009
Annex 2 - Decision adopted by the regional authority on the administrative appeal Annex to the additional information from the communicant 24.03.2009
Annex 3(1) - Public notice informing on the beginning of the commenting period for the Modification no. 50 to 2001 Murcia City General Plan Annex to the additional information from the communicant 24.03.2009
Annex 3(2) - Public notice informing on the beginning of the commenting period for the initial approval of Land Slot Plan ZA-Ed 3 Annex to the additional information from the communicant 24.03.2009
Annex 3(3) - Public notice informing on the beginning of the commenting period for the initial approval of Urbanization Project UA1 of the Land Slot Plan ZA-Ed3 Annex to the additional information from the communicant 24.03.2009
Annex 3(4) - Budget prepared by a lawyer from Murcia Annex to the additional information from the communicant 24.03.2009
Clarification regarding national EIA legislation applicable to the decisions related to the communication Letter from the communicant to the secretariat 01.04.2009
Intervention of the communicant during the twenty-third meeting Letter from the communicant to the secretariat 01.04.2009
Introductory comments to Intervention of the communicant during the twenty-third meeting Letter from the communicant to the secretariat 02.04.2009
Clarification by the communicant with regard to: (1) reasons why the Association did not challenge before the courts the lack of access to environmental information and (2) the Spanish legal system regarding environmental responsibilities Letter from the communicant to the secretariat 02.04.2009
Annex 1 - Letter requesting to prove representation Annex to the clarification from the communicant 02.04.2009
Letter from the communicant providing information about Spanish legislation related to the communication that it is in non-compliance with the Aarhus Convention Letter from the communicant 11.05.2009
Letter to the Party concerned informing on outcome of discussion and on further steps and new documents received Letter to the Party concerned 12.05.2009
Letter of excuse from the Party concerned (Spanish) (English) Letter from the Party concerned 17.06.2009
Response of the Party concerned with its position on the case (Spanish) (English - only first page) (English - discard first page) Response of the Party concerned 26.06.2009
Annex 1 - Status of the documentation related to the case (Spanish) Annex to the response 26.06.2009
Annex 2 - Urban information material (Spanish) Annex to the response 26.06.2009
Annex 3 - Response by Murcia Secretary General (Spanish) Annex to the response 26.06.2009
Annex 4a - Urban information material about Murcia (Spanish) Annex to the response 26.06.2009
Annex 4b - Complementary information material (Spanish) Annex to the response 26.06.2009
Annex 4c - Appearance information material (Spanish) Annex to the response 26.06.2009
Annex 4d - Request of information documentation (Spanish) Annex to the response 26.06.2009
Message from the communicant with its reaction to the Party concerned's position Message from the communicant 01.07.2009
Letter with an update about the preparation of draft findings Letter to the Party concerned 24.08.2009
Letter with an update about the preparation of draft findings Letter to the communicant 24.08.2009
Letter with text of a new judicial resolution (cover) (text) Letter from the communicant 25.09.2009
Draft findings and recommendations Text 16.11.2009
Letter to the communicant forwarding draft findings and recommendations for comments Letter from the secretariat 16.11.2009
Letter to the Party concerned forwarding draft findings and recommendations for comments Letter from the secretariat 16.11.2009
Comments on the draft findings and recommendations from the communicant Message from the communicant 11.12.2009
Comments on the draft findings and recommendations from the Party concerned: from the State Advocate's office (Spanish) (English) and from the Subdirection General of Legislation - Ministry of Environment (Spanish) (English) Message from Party concerned 11.12.2009
Remarks by the Party concerned on the comments from the communicant (Spanish) (partial English translation) Message from the Party concerned 15.12.2009
Remarks by the Party concerned on the comments from the communicant Message from the communicant 17.12.2009
Letter to the Party concerned clarifying one procedural point Letter from the secretariat 22.12.2009
Letter in reply to the point raised by the Committee by letter dated 22.12.2009 Letter from the Party concerned 14.01.2010
Annex - Comments from Murcia on the draft findings (Spanish) (partial translation into English) Annex to the letter from the Party concerned 14.01.2010
Letter sending findings and recommendations to the communicant Letter from the secretariat 21.01.2010
Letter sending findings and recommendations to the Party concerned Letter from the secretariat 21.01.2010
Findings and recommendations Text 21.01.2010
Findings (En Fr Ru) From the secretariat 08.02.2011
Follow-up on compliance From the secretariat 07.01.2011
Response on follow-up (Es) (En)
Annex I
Annex II
Annex III
Annex IV
Annex V
Annex VI
Annex VII
From the Party concerned 08.02.2011
Response from the communicant (cover email)
Annex I (Es)
Annex II (Es)
From the communicant 23.02.2011
Draft report from the Committee and cover letter From the secretariat 01.03.2011
Response from the Party concerned
Annex 1 (En) (Es)
Annex 2 (En) (Es)
From the Party concerned 15.03.2011
Response from the communicant From the communicant 17.03.2011
Report of the Committee ENG FRE RUS From the secretariat 11.05.2011
Letter with respect to follow-up on C/24 and C/36
Annex I (Es)
Annex II (Es)
Annex III (Es)
From the Party concerned 15.06.2011