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ACCC/C/2011/57 Denmark

Case status: Findings adopted on 30.03.2012 – Non-compliance found.
Follow-up: Concluded; see para. 11 of Decision V/9 on general issues of compliance.
Topics: Access to justice.
Articles alleged: 9 (2)–(5).
Articles considered by the Committee: 9 (2), 9 (4).
Articles, if any, found in non-compliance: 9 (4).
Summary: On 26 January 2011, the non-governmental organization Dansk Ornitologisk Forening–BirdLife Denmark submitted a communication to the Compliance Committee alleging the failure of Denmark to comply with its obligations under the Convention. The communication alleged that the Party concerned failed to comply with the requirements of article 9 (2)–(5) of the Convention because the new fees regime imposes fees on NGOs for bringing appeals that are much higher than before and different from the fees imposed on private individuals.

  Document Status Date received or posted by the secretariat
  Datasheet ACCC/C/2011/57 (Denmark) Latest datasheet on the status of the communication 01.02.2013
  Determination on admissibility At CC-31 17.03.2011
  Communication
Annex 1 - Act no. 1608 on differentiated fees, signed December 22nd, 2010 (in Danish)
Annex 2 - Legal order no. 1673 on fees for appeals, signed December 22nd, 2010 (in Danish)
Annex 3 - Case on the impact of the act from DOF Sønderjylland (in English)
Annex 4 - Hearing response from DOF on the proposed act (in Danish)
Annex 5 - Hearing response from DOF on the Aarhus Convention (in Danish)
Annex 6 - Question no. 15 and answer from the minister of Environment (in Danish)
Communication ACCC/C/2011/57 26.01.2011
  Letter to the the Party concerned forwarding the communication From the secretariat 14.03.2011
  Letter to the communicant after CC-30 and questions From the secretariat 14.03.2011
  Information on the yearly average income in Denmark (Annex) From the communicant 10.08.2011
  Invitation to the Party and to the communicant for the discussion of the communication at CC-34 From the secretariat 16.08.2011
 

Letter from the communicant

 

From the communicant

 

24.08.2011

 

 

Letter from the Party concerned

Annex - Mean and mediane income by household type

From the Party concerned 31.08.2011
  Letter to the parties after CC-34 From the secretariat 10.10.2011
 

Letter from the communicant

Annex 1 (in Danish)

Annex 2 (in Danish)

Annex 3 (in Danish)

Annex 4 (in Danish)

Annex 5 (in Danish)

From the communicant 23.10.2011
 

Email message to the secretariat

Response to CC questions - DOC, PDF

From the Party concerned 01.11.2011
 

Further response to CC questions

Annex 1 (in Danish)

Annex 2 (in Danish)

From the Party concerned

 

30.11.2011

 

  Letter from the communicant From the communicant 13.12.2011
  Draft findings and letter to the parties From the secretariat 10.02.2012
  Comments on the draft findings from the communicant From the communicant 08.03.2012
  Comments on the draft findings from the Party concerned From the Party concerned 16.03.2012
 

Findings (advance unedited copy) and letter to the parties

From the secretariat

23.04.2012
  Findings in En Fr Rus                        From the secretariat                             16.07.2012
  Letter on follow-up with the recommendations From the secretariat 15.07.2013
  Progress report From the Party concerned 16.09.2013
  Draft report by the Compliance Committee to the Meeting of the Parties
on the implementation of the findings and recommendations in ACCC/C/2011/57
 and letters to the Party concerned and communicant   
From the secretariat 18.11.2013
  Comments on draft report to the Meeting of the Parties From the Party concerned 06.12.2013
  Comments on the draft report to the Meeting of the Parties From the communicant 17.12.2013