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ACCC/C/2016/144 Bulgaria

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
Annex 14: Rejection by the Governor, dated 10.11.2016 BGR
Annex 15: Rejection by the Prosecution, dated 06.01.2017 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