Case status: Findings adopted on 26.07.2021 – Non-compliance found.
Follow-up: On-going; see Decision VII/8d.
Topics: Public participation; Access to justice.
Articles alleged: 6 (3), 6 (8); 9 (2)–(4).
Articles considered by the Committee: 6 (2), 6 (3), 6 (8); 7; 9 (3), 9 (4).
Articles, if any, found in non-compliance: 6 (2), 6 (3), 6 (8); 7; 9 (3), 9 (4).
Summary: On 14 November 2016, non-profit association Civil Control – Animal Protection, submitted a communication to the Compliance Committee alleging the failure of Bulgaria to comply with its obligations under the Convention. More specifically, the communicant alleged that the Party concerned failed to comply with article 7 in conjunction with articles 6 (3) and (8) and 9 (2)–(4) of the Convention by failing to provide adequate public participation in the decision-making on a proposed amendment to the General Spatial Plan (GSP) of Plovdiv and by failing to provide access to justice to challenge either the amendment of the GSP or an authority’s omission to overrule the amendment.
Documents | Status | Date received or posted by the Secretariat |
---|---|---|
Communication Fact sheet Annex 1: Announcement dated 10.12.2013 of public discussion on draft amendment Plovdiv GSP (ENG) Annexes 2 and 3: Communicant's request to the Minister of Environment and Water for CAM to suspend implementation of the GSP and letter Ref. No. 48-00-295/26.04.2016 from the Minister of Environment and Water to the Director of RIEW – Plovdiv forwarding the request (ENG) Annex 4: Letter Ref. No. M-148/25.05.2016 from the Director of RIEW–Plovdiv refusing to impose CAM (BGR) Annex 5: Ruling No.1079 from 30.04.2015 by Administrative Court Plovdiv (ENG/BGR) Annex 6: Ruling No.6227 from 28.05.2015 by the Supreme Administrative Court (ENG/BGR) Annex 7: Ruling No.9280 from 28.08.2015 by the Supreme Administrative Court (ENG/BGR) Annex 8: Decision No.1756 from 01.10.2015 by Administrative Court Plovdiv (ENG/BGR) Annex 9: Decision No. 28 from 06.03.2013 by Administrative Court Stara Zagora (BGR) Annex 10: Ruling No. 10229 from 08.07.2011 by the Supreme Administrative Court (BGR) Annex 11: Decision No. 1454 from 04.11.2010 by Administrative Court Plovdiv (BGR) Annex 12: Graph of PM10 levels 2000-2015 from the Director of RIEW–Plovdiv's annual report for 2015 |
From the communicant | 14.11.2016 |
Statement on admissibility delivered at the Committee's 56th meetingAnnex: Administrative Procedure Code | From the Party concerned | 28.02.2017 |
Email concerning admissibility
Annex 13: Rejection by the Ministry of Environment and Waters, dated 03.11.2016 BGR |
From the communicant | 28.02.2017 |
Letters to the Party concerned and communicant enclosing Committee's determination of preliminary admissibility and forwarding communication for the Party concerned's response | From the secretariat | 20.03.2017 |
Response to the communication | From the Party concerned | 18.08.2017 (dated 17.08.2017) |
Letters inviting the Party concerned and communicant to hearing at Committee's 65th meeting | From the secretariat | 21.08.2019 |
Email regarding participation in hearing at Committee's 65th meeting | From the Party concerned | 04.10.2019 |
Letter from UNECE Executive Secretary to Party concerned | From the secretariat | 16.06.2020 |
Reply to the Committee’s questions Annex 1: Ordinance on the conditions and order for implementation of environmental assessment of plans and programs ENG Annex 2: Ordinance on the conditions and order for implementation of environmental assessment of plans and programs BUL Annex 3: Relevant legislation ENG BUL Annex 4: Information concerning legislative amendments to provisions applicable to public participation procedure for Plovdiv Spatial Plan amendment ENG BUL Annex 5: Decision IS PV-3-EC I 08.05.2014 of the Director of RIEW Plovdiv ENG Annex 6: Decision IS PV-3-EC I 08.05.2014 of the Director of RIEW Plovdiv BUL Annex 7: Summary of content of minutes from public discussions and minutes no 24/30.05.2014 of ECMT of Plovdiv Municipality ENG BUL Annex 8: Text of the Supreme Administrative Court decision No. 5969 of 15 May 2017 ENG Annex 9: Text of the Supreme Administrative Court decision No. 5969 of 15 May 2017 BUL |
From the Party concerned | 13.07.2020 |
Comments on the Party concerned's reply dated 13 July 2020 | From the communicant | 17.09.2020 |
Additional comments on the Party concerned’s reply dated 13 July 2020 | From the communicant | 08.10.2020 |
Draft findings and letters to the Party concerned and communicant inviting their comments | From the secretariat | 16.06.2021 |
Comments on the Committee’s draft findings | From the Party concerned | 23.07.2021 |
Official letter enclosing comments on Committee’s draft findings | From the Party concerned | 26.07.2021 |
Findings ENG FRE RUS | 26.07.2021 |