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ACCC/C/2013/96 European Union

Case status: Findings adopted on 04.08.2020 – Non-compliance found.
Follow-up: On-going; see Decision VII/8f.
Topics: Definitions; Discrimination based on citizenship, nationality or domicile; Access to environmental information; Public participation; Access to justice.
Articles alleged: 3 (2); 4; 7.
Articles considered by the Committee: 2 (3); 3 (2); 3 (9); 4 (2), 4 (4); 4 (7); 6 (2), 6 (4), 6 (8); 7; 9 (1).
Articles, if any, found in non-compliance: 3 (9); 4 (2); 6 (8); 7; 9 (1).
Summary: On 28 October 2013, the European Platform Against Windfarms submitted a communication to the Compliance Committee alleging a failure by the European Union to comply with its obligations under articles 3 (2), 4 and 7 of the Convention in relation to the European Commission’s adoption on 14 October 2013 of a list of 248 “Projects of Common Interest”.

Document Status Date received or posted by the secretariat
Communication
Annex 1: Submission on Projects of Common Interest
Annex 2: Response to first access to information request of Mr. Caulfield (GestDem 2012/4179), dated 19.10.2012
Annex 3: Response to confirmatory application on Mr. Caulfiled's first request (GestDem 2012/4179), dated 28.02.2013
Annex 4: Attachments to response to confirmatory application of Mr. Caulfield (GestDem 2012/4179), dated 28.02.2013
Annex 5: Response to Mr. Caulfield's second access to information request (GestDem 2013/1279), dated 22.04.2013
Annex 6: Attachments to response to the second acccess to information request of Mr. Caulfield (GestDem 2013/1279), dated 22.04.2013
Annex 7: Letter of Mr. Caulfield in reaction to the response of 22.04.2013 to his second access to information request (GestDem 2013/1279), dated 28.04.2013
Annex 8: Response by the EU Commission to Mr. Caulfield's letter of 28.04.2013, dated 24.05.2013
Annex 9: Response to Mr. Conroy's access to information request (GestDem 2013/1822), dated 07.05.2013
Annex 10: Letter of Mr. Caulfield in reaction to the response of 28.02.2013 to his confirmatory application (GestDem 2012/479), dated 04.03.2013
Annex 11: Letter of Mr. Caulfield in reaction to the response of 22.04.2013 to his second access to information request (GestDem 2013/1279), dated 28.04.2013
Annex 12: First complaint filed by Mr. Caulfield with the European Ombudsman, submitted on 22.01.2013
Annex 13: Second complaint filed by Mr. Caulfield with the European Ombudsman, submitted on 21.07.2013

 

From the communicant 28.10.2013
Determination on admissibility At CC-43 20.12.2013
Letter to the Party concerned From the secretariat 25.03.2014
Letter to the communicant From the secretariat 25.03.2014
Email attaching:
Annex 1: Redacted information
Annex 2: Redacted information (first 10 pages)
Annex 3: Reply from President Barroso
Annex 4: Reply from Commissioner Oettinger
From the communicant 09.09.2014
Response to the communication
Annex 1
Annex 2
Annex 3
Annex 4
Annex 5
Annex 6
Annex 7
Annex 8
Annex 9
Annex 10
Annex 11
Annex 12
Annex 13
Annex 14
Explanatory memorandum referred to in footnote 26 of the Observations (not longer accessible under indicated link)
From the Party concerned 12.12.2014
Email enclosing newspaper clipping From the communicant 21.12.2014
EU Ombudsman decision on complaint 181/2013/AN From the communicant 17.02.2015
Email enclosing:
Annex 1: Decision of EU Ombudsman on complaint 240/201/FOR of 28.04.2015
Annex 2: Reply to EU Ombudsman of 15 July 2014
From the communicant 04.05.2015
Letter to the communicant requesting further inform on exhaustion of domestic remedies From the secretariat 18.06.2015
Email enclosing
Attachment 1: Communicant's reply regarding exhaustion of domestic remedies
Attachment 2: Powerpoint presentation on evaluation of Projects of Common Interest by Joint Research Centre
From the communicant 21.06.2015
Letter to Parties seeking further information regarding domestic remedies From the secretariat 05.10.2015
Email From the Party concerned 12.10.2015
Email regarding Party concerned's request for extension enclosing invitation to Party concerned to attend discussion at the Committee's 51st meeting From the secretariat 10.11.2015
Invitation to communicant to attend discussion at Committee's 51st meeting From the secretariat 10.11.2015
Email enclosing response on exhaustion of domestic remedies From the Party concerned 30.11.2015
Email enclosing comments on exhaustion of domestic remedies From the communicant 04.12.2015 (dated 03.12.2015)
Opening statement for discussion at Committee's 51st meeting From the communicant 16.12.2015
Opening statement for discussion at Committee's 51st meeting From the Party concerned 16.12.2015
Letter enclosing Committee's questions to the Party concerned From the secretariat 03.01.2016
Email with the chronology of events From the communicant 17.04.2016
Response to  the Committee's questions

Attachments to footnote 3:
Transmission letter
European Commission's reply
Annex 1 to European Commission's reply
Annex 2 to European Commission's reply

Attachment to footnote 5:
European Commission's letter to Mr. Caufield of 28 February 2013
From the Party concerned 20.05.2016
Comments on the Party concerned's response to the Committee's questions From the communicant 06.06.2016
Draft findings and letters to the Party concerned and communicant inviting their comments From the secretariat 06.04.2020
Request  for extension to comment on the draft findings From the Party concerned 14.05.2020
Chair’s agreement to extension of deadline to comment on the draft findings From the secretariat 15.05.2020
Comments on the draft findings From the communicant 17.05.2020
Request for short extension to comment on the draft findings From the Party concerned 30.06.2020
Chair’s agreement to short extension of deadline to comment on the draft findings From the secretariat 01.07.2020
Cover letter enclosing comments on the draft findings From the Party concerned 03.07.2020
Additional comments on the Committee’s draft findings From the communicant 04.07.2020
Findings ENG FRE RUS   04.08.2020