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ACCC/C/2013/93 Norway

Case status: Findings adopted on 19.06.2017 – Non-compliance found.
Follow-up: Committee refrained from making recommendations; see para. 11 of Decision VI/8 on general issues of compliance.
Topics: Access to environmental information; Access to justice.
Articles alleged: 4 (3) (c), 4 (6), 4 (7); 9 (1), 9 (4).
Articles considered by the Committee: 4 (3), 4 (6), 4 (7); 9 (1), 9 (4).
Articles, if any, found in non-compliance: 9 (1), 9 (4).
Summary: On 26 June 2013, Mr. Ole Kristian Fauchald submitted a communication to the Compliance Committee alleging the failure of Norway to comply with the Convention’s provisions on access to environmental information and access to justice. Specifically, the communicant alleged that the Party concerned failed to comply with its obligations in connection with its alleged refusal of the communicant’s request for access to the legal assessment referred to in the preparatory works for Act No. 100 of 19 June 2009 relating to the Management of Biological, Geological and Landscape Diversity. In that regard, the communicant alleged the Party’s non-compliance with articles 4, (3) (c), (4), (6) and (7), and 9 (1) and (4) of the Convention.

Document Status Date received or posted by the secretariat
Determination on admissibility At CC-42  

Communication

annex 1
annex 2
annex 3
annex 4
annex 5
annex 6   NOR ENG
annex 7   NOR ENG
annex 8
annex 9   NOR ENG
annex 10 NOR ENG
annex 11
annex 12
annex 13
annex 14 NOR ENG
annex 15

From the communicant 26.06.2013
Letter to the Party concerned forwarding the communication From the secretariat 17.12.2013
Letter to the communicant From the secretariat 17.12.2013

Covering letter

Response

Annex 1

Annex 2

Annex 3

Annex 4

Annex 5

 

From the Party concerned 14.05.2014
Norway's opening statement at the 47th Compliance Committee From the Party concerned 17.12.2014
Norway's closing statement at the 47th Compliance Committee From the Party concerned 17.12.2014
Communicant's opening statement at the 47th Compliance Committee From the communicant 17.12.2014
Communicant's closing statement at the 47th Compliance Committee From the communicant 17.12.2014
Email From the Party concerned 12.01.2015

Covering email
Annex 1 - Communicant’s request for information, 12 January 2011; the Ministry’s refusal 19 January 2011 and the communicant’s complaint to the Ombudsman, 20 January 2011
Annex 2 - Ombudsman’s letter to the Ministry, 1 March 2011
Annex 3 - Ministry’s letter to the Ombudsman, 12 April 2011
Annex 4 - Ombudsman’s Statement, 17 November 2011
Annex 5 - Ombudsman’s letter to the Ministry, 30 January 2012
Annex 6 - Ministry’s letter to the Ombudsman, 19 October 2012
Annex 7 - Ombudsman’s final statement, 10 June 2013

From the Party concerned 02.02.2015
Email From the secretariat 06.03.2015
Covering email and Guideline on Freedom of Information Act (relevant excerpts) From the Party concerned 23.03.2015
Draft findings and letter to the parties inviting their comments From the secretariat 29.03.2017

Comments on the draft findings

Annex 1: Sørdalen case, first instance court decision of 23.12.2013 NOR

Annex 2: Sørdalen case, appeal court decision of 12.05.2015 NOR

Annex 3: Sørdalen case, Supreme Court decision of 20.08.2015 NOR

From the communicant 26.04.2017

Comments on the draft findings

Annex 1: Letter from the Parliamentary Ombudsman, dated 24.04.2017

Annex 2: Statistics on Ombudsman processing times NOR

From the Party concerned 27.04.2017
Email reacting to Party concerned's comments on the draft findings From the communicant 02.05.2017
Findings ENG FRE RUS   19.06.2017