Case status: Findings adopted on 20.12.2013 – Non-compliance found.
Follow-up: On-going; see Decision VII/8e, Decision VI/8e, Decision V/9f.
Topics: Public participation.
Articles alleged: 6 (3), 6 (4), 6 (8); 7.
Articles considered by the Committee: 6 (3), 6 (4), 6 (8), 6 (9); 7.
Articles, if any, found in non-compliance: 6 (3), 6 (4), 6 (8); 7.
Summary: On 9 May 2012, the Czech non-governmental organization Environmental Law Service, submitted a communication to the Compliance Committee alleging the failure of the Czech Republic to comply with its obligations under the Convention. The communication alleged that the Party concerned prepared its application to the European Commission for free allocation of allowances, including its national investment plan, under the revised rules for the European Union Emissions Trading System, without proper public participation, as required under article 7, in conjunction with article 6 (3), (4) and (8), of the Convention.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Datasheet ACCC/C/2012/71 | Latest datasheet on the status of the communication | 21.01.2013 |
| Determination on admissibility | At CC-37 | 29.06.2012 |
| Communication | From the communicant | 31.05.2012 |
|
Annex 1 List of names supporting
Annex 2 Information on Passau hearing (in German)
Annex 3 Email to Czech Ministry
Annex 4 Temelin resolution (In German)
Annex 5 Letter to Mr. Barroso
Annex 6 Letter to Ms. Merkel
Annex 7 Letters to Mr. Necas, Ms. Merkel, European Commission
Annex 7a Response from Bavarian Government representative (in German)
Annex 7b Response from Czech Government representative
Annex 8 Decision of the Bavarian Government to challenge the procedure before the EU Commission (in German)
Annex 9 Letter to Minister of Environment of Bavaria (in German)
Annex 10 Relevant treaty and EU provisions
Annex 11 Summary of facts
Annex 12 Map of the area
|
From the communicant | 31.06.2012 |
| Letter to the Party concerned forwarding the communication | From the secretariat | 16.08.2012 |
| Letter to the communicant | From the secretariat | 16.08.2012 |
| Answer to the Committee's questions (Cover letter) and Annex (re: complaint CHAP European Commission, reply in Ger) | From the communicant | 28.11.2012 |
|
Response and cover letter Annexes A1 Temelín documentation to Germany |
From the Party concerned | 14.01.2013 |
| Comment to the Party's response | From the comminicant | 02.02.2013 |
|
Letter to the Party concerned and to the communicants for the discussion at CC-40 |
From the secretariat |
13.02.2013 |
| Additional information | From the communicant | 04.03.2013 |
| Additional information | From the Party concerned | 22.03.2013 |
| Oral statement | From the communicant | 26.03.2013 |
| Letter to the parties after CC-40 | From the secretariat | 11.04.2013 |
| Reply to the Committee's questions after CC-40 (cover letter) and Annex | From the communicant | 14.05.2013 |
| Reply to the Committee's questions after CC-40 | From the Party concerned | 20.05.2013 |
| Comment on the reply of the Party concerned on 20.05.2013 (cover letter) | From the communicant | 26.05.2013 |
| Email reacting to the submission of the communicant | From the Party concerned | 13.06.2013 |
| Email reacting to the email of the Party concerned | From the communicant | 13.06.2013 |
| Draft findings and letters to the Party concerned and communicant inviting their comments | From the secretariat | 27.06.2016 |
| Comments on draft findings | From the communicant | 11.07.2016 (dated 10.07.2016) |
| Letter enclosing comments on the draft findings | From the Party concerned | 06.09.2016 |
| Letter to the parties enclosing the Committee's findings (advance unedited version) | From the secretariat | 18.11.2016 |
| Letter re-sending comments dated 6 September 2016 on the draft findings | From the Party concerned | 13.12.2016 |
| Findings (official version ENG FRE RUS) |