Case status: Findings adopted on 26.07.2021 – Non-compliance found.
Follow-up: On-going; see Decision VII/8m.
Topics: Definitions; Access to environmental information.
Articles alleged: 2 (3); 4, 4 (3) (c).
Articles considered by the Committee: 2 (3); 4 (1), 4 (3).
Articles, if any, found in non-compliance: 2 (3); 4 (1), 4 (3).
Summary: On 22 December 2014, non-governmental organization Stichting Greenpeace Netherlands submitted a communication to the Compliance Committee under the Convention alleging the failure by the Netherlands to comply with the Convention’s provisions on access to environmental information in connection with the permitting of two power plants. Specifically, the communicant claimed that the Party concerned failed to comply with its obligations under article 2 (3), in conjunction with articles 4 and 4 (3) (c) of the Convention by wrongly refusing access to information that has a direct effect on environmental decision-making and by falsely characterizing the information requested as “internal communications of public authorities”.
Documents | Status | Date received or posted by the secretariat |
---|---|---|
Communication Annex 1: Access to information request DUT ENG |
From the communicant | 22.12.2014 |
Email to inform parties that communication determined to be preliminarily admissible | From the secretariat | 09.04.2015 |
Letter to Party concerned enclosing preliminary determination of admissibility and forwarding communication for Party concerned's response | From the secretariat | 28.06.2015 |
Email enclosing covering letter (dated 26.11.2015) and response to communication Annex 1: Nature Conservancy Act Annex 2: Act containing regulations governing public access to government information Annex 3: Decision on objection of 15 August 2012 DUT Annex 4a: Judgment of District Court of 18 July 2013 DUT Annex 4b: Judgment of District Court of 18 July 2013 grounds 5-5.8 and 7-7.4.1 ENG Annex 5a: Judgment of Council of State 16 July 2014 DUT Annex 5b: Judgment of Council of State 16 July 2014 grounds 6.1-6.4 and 12.3 ENG Annex 6: Environmental Management Act Annex 7: Explanatory Memorandum |
From the Party concerned | 27.11.2015 |
Letter enclosing comments on Party concerned's response | From the communicant | 20.01.2016 |
Annex: Decision on the objections of 15.08.2012 |
From the Party concerned | 03.06.2016 |
Letters inviting the Party concerned and communicant to hearing at Committee's 54th meeting and enclosing provisional timeline | From the secretariat | 31.08.2016 |
Opening statement for discussion at Committee's 54th meeting | From the Party concerned | 30.09.2016 |
Letter enclosing questions from the Committee to the Party concerned | From the secretariat | 05.10.2018 |
Covering letter and Reply to Committee’s questions |
From the Party concerned | 02.11.2018 |
Covering email enclosing judgement of District Court of 18 July 2013 | From the Party concerned | 22.11.2018 |
Update | From the Party concerned | 02.08.2019 |
Email inviting comments | From the secretariat | 23.08.2019 |
Comments on the update from the Party concerned | From the communicant | 13.09.2019 |
Comments on the communicant's comments of 13 September 2019 | From the Party concerned | 05.11.2019 |
Comments on the comments of the Party concerned of 5 November 2019 | From the communicant | 04.02.2020 |
Draft findings and letters to the Party concerned and communicant inviting their comments | From the secretariat | 14.06.2021 |
Comments on the Committee’s draft findings | From the communicant | 15.07.2021 |
Letter enclosing comments on the Committee’s draft findings | From the Party concerned | 23.07.2021 |
Findings ENG FRE RUS | 26.07.2021 |