Skip to main content

ACCC/C/2015/133 Netherlands

Case status: Pending.
Follow-up:
Topics: Access to environmental information; Public participation; Access to justice.
Articles alleged: 3 (2); 5 (2), 5 (7); 6 (2)–(4), 6 (8); 7; 8; 9 (2)–(4).
Articles considered by the Committee:
Articles, if any, found in non-compliance:
Summary: The communication was submitted to the Compliance Committee on 30 June 2015 by the NGO, Nederlandse Vereniging van Omwonenden Windturbines. The communication concerns compliance by the Netherlands with the provisions of the Convention in connection with wind turbines. Specifically, the communicant claims that the Party concerned failed to comply with its obligations under articles 3 (2), 5 (2) and (7), articles 6 (2)–(4) and (8), 7, 8 and 9 (2)–(4) of the Convention with respect to information collected and provided to the public on wind power and wind farms, and the opportunities for the public to participate and have access to justice regarding plans, programmes and decisions relating to wind power and wind farms.

Document Status Date received or
posted by the secretariat
Communication From the communicant 09.11.2015
Annex to communication: Use of domestic remedies From the communicant 23.11.2015
Letter to Party concerned enclosing preliminary determination of admissibility and forwarding communication for Party concerned's response From the secretariat 11.03.2016

Letter enclosing Party concerned's response to communication

Annex 1: Environmental Management Act (excerpts) ENG
Annex 2: Government Information (Public Access) Act ENG
Annex 3: General Administrative Law Act (excerpts) ENG
Annex 4: Spatial Planning Act (excerpts) ENG
Annex 5: Spatial Planning Decree, article 2.1.1 ENG
Annex 6: Activities Decree, article 3.14a ENG

From the Party concerned 11.08.2016
Questions from the Committee to the communicant and the Party concerned From the secretariat 12.03.2018
Request for an extension to reply to the Committee's questions From the Party concerned 28.03.2018
Decision from the Chair of the Committee to grant an extension  From the secretariat 28.03.2018
Reply to questions From the communicant 03.04.2018
Cover letter enclosing reply to questions From the Party concerned 13.04.2018
Cover letter enclosing comments on communicant's reply to questions From the Party concerned 18.04.2018
Request for extension to deadline to comment on Party's replies From the communicant 29.04.2018
Extension of deadline for communicant's comments on Party's replies From the secretariat 03.05.2018
Comments on the Party concerned's reply to questions From the communicant 12.05.2018
Letters inviting Party concerned and communicant to hearing at the Committee’s 62nd meeting From the secretariat 10.09.2018
Closing statement for hearing at Committee's 62nd meeting From the communicant 08.11.2018
Opening Statement for hearing at Committee’s 62nd meeting
Annex 1: Agreement on energy policy in practice ENG
Annex 2: Announcement SvWol 1 DUT
Annex 3: Announcement SvWol 1 II DUT
Annex 4: Announcement SvWol 2 DUT
Annex 5: Energy Agreement DUT
Annex 6: Memorandum Government Response_13.11.2018 DUT
Annex 7: Noordoostpolder judgment DUT
From the Party concerned 13.11.2018
Opening Statement for hearing at Committee’s 62nd meeting
Annex 1: Survey of ACCC findings ENG
Annex 2: Summary Ombudsman report DUT
Annex 3: Summary PhD thesis ENG
From the communicant 16.11.2018
Questions from the Committee to the communicant and the Party concerned From the secretariat 19.05.2021

Cover note on replies to the Committee’s questions 

Reply to question 1:
Annex 1: Circular letter evaluation noise wind turbine DUT

Reply to question 2a.1:
Annex 2: Full text land-use plan wind farm Zuidlob as adopted DUT

Reply to question 2a.2:
Annex 3: Full text land-use plan wind farm Noordoostpolder as adopted DUT

Reply to question 2b
Annex 4 Full text land-use plan wind farm Zuidlob as adopted DUT
Annex 5: Full text land-use plan wind farm Noordoostpolder as adopted DUT

Reply to question 3:
Annex 6: Draft SVIR published 01.07.2011 DUT
Annex 7: Annotated table of comments from public on draft SVIR DUT 
Annex 8: Final SVIR as adopted 13.03.2012 DUT

Reply to question 4:
Annex 9: Draft SvWOL published 18.04.2013 (dated March 2013) DUT
Annex 10: Annotated table of comments from public on draft SvWOL DUT
Annex 11: Final SvWOL as adopted 31.03.2014 DUT

Reply to question 5:
Annex 12: Comparative Table Comments NLVOW DUT
Annex 13: Decision RvS wind farm Noordoostpolder 08.02.2012 with NLVOW comments DUT
Annex 14: Decision RvS wind farm Neeltje Jans 21.11.2012 with NLVOW comments DUT
Annex 15: Decision RvS wind farm Tolhuislanden 11.01.2012 with NLVOW comments DUT
Annex 16: Decision RvS wind farm Duiven 28.09.2011 with NLVOW comments DUT
Annex 17: Decision RvS wind farm Ecofactorij 14.12.2011 with NLVOW comments DUT

From the communicant 08.06.2021
Email enclosing partial reply to the Committee’s questions and request for extension
Annex 1: Environmental Management Order ENG and DUT
From the Party concerned 09.06.2021
Email From the communicant 10.06.2021
Letter enclosing reply to Committee’s questions
Annex 1 - Memorandum with reactions and commentaries, pages 147-151 DUT
From the Party concerned 28.07.2021