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ACCC/C/2007/21 European Community

Case status: Findings adopted on 03.04.2009 – No non-compliance found; see para. 6 of Decision IV/9.
Follow-up: -
Topics: Definitions; Access to environmental information; Public participation; Access to justice.
Articles alleged: 4 (1); 5 (3); 6.
Articles considered by the Committee: 2 (3); 4 (4), 4 (7); 6; 9 (1).
Articles, if any, found in non-compliance: -
Summary: On 14 August 2007, the Albanian non-governmental organization Civic Alliance for the  Protection of the Bay of Vlora submitted a communication to the Compliance Committee alleging a failure by the European Community to comply with its obligations under article 6 of the Convention. The communication alleged that the European Community, through the European Investment Bank, was not in compliance by virtue of its decision to finance the construction of a thermo-power plant (TPP) in Vlora, Albania, without ensuring proper public participation in the process. Furthermore, in the communicant’s opinion the European Community had also not been in compliance with articles 4 (1) and 5 (3) of the Convention. 

  Document Status Date received or posted by the secretariat
  Datasheet ACCC/C/2007/21   20.05.2009
  Determination on admissibility At CC-18 30.11.2007
  Communication   14.08.2007
  Letter to the communicant requesting additional information Letter from the secretariat sent at the request of the Committee made at CC-17 01.10.2007
  Memorandum from the communicant In response to the secretariat’s letter of 01.10.2007 09.11.2007
  Copy of information request from EIB Annex I to the memorandum from the communicant of 09.11.2007 09.11.2007
  Copy of EIB reponse Annex II to the memorandum from the communicant of 09.11.2007 09.11.2007
  Letter to the Party informing about the communication and raising several points Letter from the secretariat sent at the request of the Committee made at CC-12 19.12.2007
  Letter to the communicant regarding preliminary admissibility of the communication and request for additional information Letter from the secretariat sent at the request of the Committee made at CC-13 19.12.2007
  Email from the Party concerned concerning delay in providing response Email from the EC Focal Point for the Convention 20.05.2008
  Letter to the Party concerned regarding delay in providing its response Letter from the secretariat on behalf of the Committee 15.07.2008
  Reponse by the Party concerned Official response pursuant to para. 23 of the annex to decision I/7 10.08.2008
  Additional information from the communicant Letter from the communicant in response to questions posed by the committee (secretariat's letter dated 19.12.2007) 22.08.2008
  Financial agreement on Vlora TTPA: Annexes 1 and 2 Additional information provided by the communicant 22.08.2008
  Letter from the European Ombudsman to the communicant dated 19.06.2007 Additional information provided by the communicant 24.09.2008
  Letter from the European Ombudsman to the communicant dated 23.09.2008 Additional information provided by the communicant 24.09.2008
  Official EIB webpages dedicated to the Bank's complaints mechanism Additional information provided by the Party concerned 24.09.2008
  Memorandum of Understanding between the European Ombudsman and the EIB concerning information on the Bank's policies, standards and procedures and the handling of complaints, including complaints from non-citizens and non-residents of the European Union Additional information provided by the Party concerned 25.09.2008
  Letter from the secretariat to the Party concerned forwarding the draft findings of the Compliance Committee for comments Letter from the secretariat sent at the request of the Committee 22.01.2009
  Letter from the secretariat to the communicant forwarding the draft findings of the Compliance Committee for comments Letter from the secretariat sent at the request of the Committee 22.01.2009
  Draft findings of the Compliance Committee concerning compliance by the European Community As sent for comments to the Party concerned and the communicant 22.01.2009
  Comments from the European Community on the draft findings of the Compliance Committee Letter from the European Community 24.02.2009
  Comments from the communicant on the draft findings of the Compliance Committee Letter from the communicant 03.03.2009
  Letter from the Party concerned concerning finalization of draft findings Letter from the European Community 18.03.2009
  Letter from the communicant asking to keep communication open, to request comments from other NGOs, and to change rapporteur Letter to the Secretariat 02.04.2009
  Letter from the communicant asking to keep communication open Letter to the Secretariat 05.05.2009
  Letter to the communicant forwarding advance copy of findings and acknowledging receipt of latest correspondence Letter to the Secretariat 18.05.2009
  Letter to the Party concerned forwarding advance copy of findings and latest correspondence from the communicant Letter to the Secretariat 18.05.2009
  Advance copy of findings Letter to the Secretariat 18.05.2009
  Letter to communicant informing about decision not to re-visit the findings Letter from the secretariat 30.07.2009
  Findings En Fr Ru From the secretariat 08.02.2011