Case status: Findings adopted on 18.06.2017 – Non-compliance found.
Follow-up: On-going; see Decision VII/8m.
Topics: Public participation.
Articles alleged: 6.
Articles considered by the Committee: 6 (4), 6 (6), 6 (8), 6 (10).
Articles, if any, found in non-compliance: 6 (4), 6 (10).
Summary: On 6 May 2014, Stichting Greenpeace Netherlands submitted a communication to the Compliance Committee alleging a failure by the Netherlands to comply with its obligations under article 6 of the Convention in relation to the design lifetime extension of Borssele Nuclear Power Plant. The communicant alleged that the Party concerned failed to provide for public participation prior to its decision to extend the period of operation of Borssele Nuclear Power Plant.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Preliminary determination on admissibility | ||
| Communication Annex 1 |
From the communicant | 06.05.2014 |
| Letter forwarding communication to the Party concerned | From the secretariat | 03.09.2014 |
| Questions and request for information to communicant | From the secretariat | 03.09.2014 |
| Reply to questions enclosing attachments: 1a. Covenant Borselle DUT ENG 1b. Nuclear Act, article 15a DUT ENG 1c. Notice of decision on fuel diversification DUT ENG 1d. MOX permit DUT ENG 1e. Notice of preliminary decision on extension of operation DUT ENG 1f. Notice of decision for extension of operation DUT ENG 1g. Minister's letter stating no EIA required DUT ENG 1h. Licence for extension of operation DUT ENG 1i. Judgment of Raad van State 19.02.2014 DUT ENG |
From the communicant | 19.09.2014 |
| Cover letter enclosing response to the communication Appendix 1: Clarification and information regarding the planned extension of the design lifetime of Borssele NPP submitted to the Espoo Implementation Committee Appendix 2: Nuclear Energy Act, relevant sections Appendix 3: Overview of involvement of Belgium and Germany with respect to licensing procedures for Borssele NPP Appendix 4: General Administrative Law Act, division 3.4 |
From the Party concerned | 03.02.2015 |
| Appendix 4: General Administrative Law Act, division 3.4 Appendix 5: Environmental Management Act, divisions 13.1 and 13.2 Appendix 6: Decision on license for Long Term Operation, reference KT/MCr/TKe/B1200055, 18.03.2013 Appendix 7: Annex C to decision of 18.03.2013, table of participants Appendix 8: Notification of the decision of 18.03.2013 |
||
| Comments on the Party concerned's response | From the communicant | 17.03.2015 |
| Invitation to the Party concerned and the communicant to attend discussion at the Committee's 50th meeting | From the secretariat | 01.09.2015 |
| Opening statement for discussion at Committee's 50th meeting | From the communicant | 08.10.2015 |
| Opening statement for dicussion at Committee's 50th meeting | From the Party concerned | 08.10.2015 |
| Additional information EIA screening decision DUT ENG Borssele NPP licensing application DUT ENG |
From the Party concerned | 08.10.2015 |
| Additional information Annex 1 Parliamentary papers 2005-2006, 30 000, No.18 DUT ENG Annex 2 Party concerned's closing statement at hearing at CC50 Annex 3 Party concerned's reply to Committee's questions following hearing at CC50 Annex 4 Grounds 9 and 10 of the Judgment of the Council of the State ENG |
From the Party concerned | 13.11.2015 |
| Letter enclosing comments | From the communicant | 20.01.2016 |
| Comments on the communicant's comments Annex: Translation of letter of State Secretary for Housing, Spatial Planning and the Environment ENG |
From the Party concerned | 19.02.2016 |
| Letter to the Party concerned enclosing questions from the Committee | From the secretariat | 03.03.2017 |
| Reply to questions from the Committee | From the Party concerned | 16.03.2017 |
| Clarification request from the Committee regarding Party concerned's reply | From the secretariat | 29.03.2017 |
| Reply to clarification request enclosing Memorandum on "The Operating Lifetime of Borssele NPP" DUT ENG (partial) | From the Party concerned | 06.04.2017 |
| Comments on Party concerned's reply to the Committee's questions | From the communicant | 11.04.2017 |
| Letters to the Party concerned and communicant sending the Committee's draft findings for their comments | From the secretariat | 25.05.2018 |
| Comments on the Committee's draft findings | From the communicant | 22.06.2018 |
| Comments on the Committee's draft findings | From the Party concerned | 03.07.2018 |
| Findings ENG FRE RUS | 04.10.2018 |
|
| Letter inviting the Party concerned to provide first progress report on the implementation of the Committee's recommendation | From the secretariat | 27.08.2019 |
| First progress report on the implementation of the Committee’s recommendation Annex A: Letter of State Secretary for Infrastructure and Water management of 24 April 2019 Annex B: Instructions for covenants 2003 Annex C: Roadmap for legislation online consultation process |
From the Party concerned | 01.10.2019 |
| Comments on the Party concerned's first progress report | From the communicant | 30.10.2019 |
| Letter to the Party concerned enclosing the Committee’s first progress review | From the secretariat | 26.02.2020 |
| Comments on the Committee’s first progress review | From the Party concerned | 10.03.2020 |
| Summaries of statements of Mr. Haverkamp and Ms. Kloostra delivered in the open session on the follow-up procedure at the Committee’s 66th meeting | From the communicant | 11.03.2020 |
| Update | From the Party concerned | 11.05.2020 |
| Letter enclosing comments on update of the Party concerned | From the communicant | 20.05.2020 |
| Letter enclosing: Second progress report on the implementation of the Committee’s findings and recommendations on communication ACCC/C/2014/104 Annex 1: Letter to Parliament from the State Secretary of Infrastructure and Water Management dated 20.11.2020 Annex 2: Letter to Parliament from the State Secretary of Infrastructure and Water Management dated 11.06.2020 |
From the Party concerned | 01.10.2020 |
| Comments on second progress report on Communication ACCC/C/2014/104 | From the Communicant and Observer | 28.10.2020 |
| Update from the communicant | From the communicant | 17.02.2021 |
| Letter enclosing update | From the Party concerned | 29.03.2021 |
| From the secretariat | 14.05.2021 | |
| Email enclosing additional information | From the Party concerned | 27.05.2021 |
| Letters to the Party concerned and the communicant inviting their comments on the Committee's draft report to MOP7 on its findings on communication ACCC/C/2014/104 | From the secretariat | 02.07.2021 |
| Email enclosing questions and comments at the open session on communication ACCC/C/2014/104 at the Committee’s 71st meeting Annex 1: Sections 19-20 Nuclear Energy Act ENG |
From the Party concerned | 09.07.2021 |
| Statement delivered at the open session on communication ACCC/C/2014/104 at the Committee’s 71st meeting and comments on the Committee’s draft report | From the communicant | 12.07.2021 |
| Cover letter enclosing comments on the Committee’s draft report Annex I: Sections 19 - 20 Nuclear Energy Act ENG and DUT |
From the Party concerned | 15.07.2021 |
| Report to the Meeting of the Parties on communication ACCC/C/2014/104 ENG FRE RUS | 23.07.2021 |