Publication Laka-library:
Findings and recommendations with regard to communication ACCC/C/2014/104 concerning compliance by the Netherlands Adopted by the Compliance Committee on 4 October 2018

AuthorACCC
1-01-8-23-35.pdf
DateJanuary 2019
Classification 1.01.8.23/35 (BORSSELE I - LICENSING & LEGAL PROCEDURES)
Remarks Other documents and languages available at https://www.unece.org/environmental-policy/conventions/public-participation/aarhus-convention/tfwg/envppcc/envppcccom/acccc2014104-netherlands.html
Front

From the publication:

I. Introduction
1.
On 6 May 2014, Stichting Greenpeace Netherlands (the communicant) submitted a
communication to the Compliance Committee under the Convention on Access to
Information, Public Participation in Decision-making and Access to Justice in
Environmental Matters (Aarhus Convention) 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.1
2.
More specifically, the communicant alleges that the Party concerned failed to
provide for public participation to the extent required by article 6 prior to its decision to
extend the period of operation of Borssele Nuclear Power Plant until 31 December 2033.
3.
At its forty-fifth meeting (29 June–2 July 2014), the Committee determined on a
preliminary basis that the communication was admissible.
4.
Pursuant to paragraph 22 of the annex to decision I/7 of the Meeting of the Parties to
the Convention, the communication was forwarded to the Party concerned on 3 September
2014. On the same day, the Committee sent questions to the communicant seeking further
information.
5.
On 19 September 2014, the communicant provided answers to the Committee’s
questions.
6.
On 3 February 2015, the Party concerned provided its response to the
communication.
7.
On 17 March 2015, the communicant provided comments on the response of the
Party concerned.
8.
The Committee held a hearing to discuss the substance of the communication at its
fiftieth meeting (6–9 October 2015), with the participation of representatives of the
communicant and the Party concerned. At the same meeting, the Committee confirmed the
admissibility of the communication. During the discussion, the Committee put a number of
questions to the Party concerned and invited it to respond in writing after the meeting.
9.
On 8 October and 13 November 2015, the Party concerned provided additional
information and its replies to the questions posed by the Committee during the hearing.
10.
On 20 January 2016, the communicant provided comments on the further
information provided by the Party concerned. On 19 February 2016 the Party concerned
provided comments on the communicant’s comments.
11.
On 3 March 2017, the Committee sent further questions to the Party concerned. On
16 March 2017, the Party concerned provided its replies to the questions.
12.
On 29 March 2017, the Committee sent a request to the Party concerned to clarify its
reply of 16 March 2017. On 6 April 2017 the Party concerned provided its reply thereon.
13.
On 11 April 2017, the communicant provided comments on the replies by the Party
concerned of 16 March and 6 April 2017.
14.
The Committee completed its draft findings through its electronic decision-making
procedure on 25 May 2018. In accordance with paragraph 34 of the annex to decision I/7,
the draft findings were then forwarded on the same date to the Party concerned and the
communicant, who were both invited to provide comments by 4 July 2018.
15.
The communicant and the Party concerned provided comments on the draft findings
on 22 June and 3 July 2018 respectively.
16.
At its sixty-first meeting (2–6 July 2018), the Committee proceeded to finalize its
findings in closed session, taking account of the comments received. The Committee
adopted its findings at its virtual meeting on 4 October 2018 and agreed that they should be
published as an official pre-session document for its sixty-third meeting. It requested the
secretariat to send the findings to the Party concerned and the communicant.