Case status: Findings adopted on 18.11.2016 – No non-compliance found; see para. 9 of Decision VI/8 on general issues of compliance.
Follow-up: -
Topics: Access to environmental information; Public participation; Access to justice.
Articles alleged: 4; 5; 6; 7; 8; 9.
Articles considered by the Committee: 4; 5; 6 (1) (a), 6 (1) (b); 7; 8; 9 (2), 9 (3), 9 (4).
Articles, if any, found in non-compliance: -
Summary: On 27 February 2013, a member of the public, Bernd Stümer, submitted a communication to the Compliance Committee alleging that Sweden had failed to comply with its obligations under the Convention. The communication alleged that the Party concerned failed to comply with articles 4, 5, 6, 7, 8 and 9 of the Convention both in relation to the permitting process for the issuance of permits for two wind turbines near the town of Strängnäs, Sweden, and in general. The communication alleged that the Convention’s provisions are consistently overridden with respect to building permits for wind turbines.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Datasheet ACCC/C/2013/81 | Latest datasheet on the status of the communication | 25.04.2013 |
| Determination on admissibility | At CC-40 | 28.03.2013 |
| From the communicant | 14.02.2013 | |
| Letter to the Party concerned forwarding the communication | From the secretariat | 26.04.2013 |
| Letter to the communicant | From the secretariat | 26.04.2013 |
| Reply to Committee's questions | From the communicant | 24.09.2013 |
| Response to the communication | From the Party concerned | 26.09.2013 |
| Comments on the Party concerned's response | From the communicant | 12.10.2013 |
|
Annex 1: Letter to the European Commission Annex 2: Letter from the European Commission (in Swedish) |
From the communicant | 08.03.2014 |
| Letter to the Parties | From the secretariat | 12.03.2014 |
| Email in response to questions from Committee | From the Party concerned | 20.03.2014 |
| Letter to the communicant | From the secretariat | 27.06.2014 |
| Letter from the communicant | From the communicant | 28.06.2014 |
| Letter from the communicant | From the communicant | 18.09.2014 |
| Email from the communicant | From the communicant | 25.09.2014 |
| Comments from the Party concerned | From the Party concerned | 10.12.2014 |
| Letter from the communicant Annex 1 Annex 2 Annex 3 Annex 4 Annex 5 Annex 6 Annex 7 Annex 8 Annex 9 Annex 10 |
From the communicant | 10.12.2014 |
| Additional information | From the communicant | 16.12.2014 |
| Additional information | From the communicant | 13.02.2015 |
| Letter to the Party concerned | From the secretariat | 12.02.2015 |
| Letter to the communicant | From the secretariat | 12.02.2015 |
| Update from the Party concerned | From the Party concerned | 17.03.2015 |
| Svea Court of Appeal judgement of 9 March 2015 SWE | From the communicant | 09.03.2015 |
| From the Party concerned | 18.03.2015 | |
| From the communicant | 19.03.2015 | |
| Covering email enclosing the map indicating the intended location of the proposed wind turbines | From the Party concerned | 23.03.2015 |
| Covering email enclosing comments on Party concerned's response to communication of 26.09.2013 | From the communicant | 24.03.2015 |
| Party concerned's opening statement at CC-48 | From the Party concerned | 26.03.2015 |
| Communicant's opening statement at CC-48 | From the communicant | 26.03.2015 |
| Additional information | From the communicant | 06.04.2015 |
| Questions from the Compliance Committee | From the secretariat | 29.04.2015 |
| Email enclosing response to Compliance Committee's questions | From the Party concerned | 22.05.2015 |
| Response to Compliance Committee's questions Annex1: FLIS certificate |
From the communicant | 22.05.2015 |
| Comments on Party concerned's letter of 21 May 2015 | From the communicant | 26.05.2015 |
| Additional comments | From the communicant | 29.05.2015 |
| Covering email enclosing: Attachment 1: Letters from the Municipality of Strängnäs ENG Attachment 2: Information sent on 31 March 2009 by the Municipality of Strängnäs to the concerned parties SWE Attachment 3: Information sent on 14 April 2009 by the Municipality of Strängnäs to the communicant SWE |
From the Party concerned | 02.06.2015 |
| Email attaching decision of the Parliamentary Ombudsman of 11 March 2009 SWE ENG | From the Party concerned | 03.06.2015 |
| Land and Environment Court Judgement dated 15 May 2014 ENG Svea Court of Appeal Judgement dated 9 March 2015 SWE ENG |
From the Party concerned | 12.06.2015 |
| Comments on communicant's letter of 13,25 and 29 May 2015 | From the Party concerned | 15.06.2015 |
| Additional comments | From the communicant | 15.06.2015 |
| Letter to the parties after the 49th meeting | From the secretariat | 13.08.2015 |
| From the communicant | 14.08.2015 | |
| From the Party concerned | 21.08.2015 | |
| Email 1 of 4 | From the communicant | 28.08.2015 |
|
Email 2 of 4: Communicant's evidence of appealing in own name |
From the communicant | 28.08.2015 |
| Email 3 of 4: Communicant's evidence showing correct handling of case Annexes 1-9 SWE |
From the communicant | 28.08.2015 |
| Email 4 of 4 Annex: Summary of communicant's response to Committee's questions |
From the communicant | 28.08.2015 |
| Email to the Party concerned | From the secretariat | 31.08.2015 |
| Email enclosing highlighted decision of the Nacka District Court Land and Environment Court, judgment of 15 May 2014, case P129-12 | From the communicant | 01.09.2015 |
| Comments on Committee's questions | From the Party concerned | 03.09.2015 |
| Additional information Annex 1 Decision of County Admin Board_15.12.2011 Annex 2 Decision of County Administrative Board_04.01.2012 Annex 3 Decision of County Administrative Board_23.03.2012 Annex 4 Decision of Nacka Land and Environment Court_15.05.2014 Annex 5 Decision of Svea Environment Court_09.03.2015 |
From the communicant | 07.09.2015 |
| Comments | From the Party concerned | 14.09.2015 |
| Email to the Party concerned Annex I: Court decisions for translation |
From the secretariat | 23.09.2015 |
| Email enclosing: Annex 1: Judgment by Nacka District Court in case P129-12 dated 15.05.2014 (excerpts) ENG Annex 2: Decision by County Administrative Board of Södermanland dated 15.12.2011 (excerpts) ENG |
From the Party concerned | 05.10.2015 |
| Question to Party concerned | From the secretariat | 05.11.2015 |
| Response to the questions | From the Party concerned | 01.12.2015 |
| Draft findings and letters to the Party concerned and communicant inviting their comments | From the secretariat | 29.06.2016 |
| Comments on the draft findings | From the communicant | 09.08.2016 |
| Comments on the draft findings | From the Party concerned | 17.08.2016 |
| Letter to the parties enclosing the Committee's findings (advance unedited version) | From the secretariat | 18.11.2016 |
| Findings (official version ENG FRE RUS) |