Case status: Findings adopted on 03.07.2009 – No non-compliance found; see para. 6 of Decision IV/9.
Follow-up: -
Topics: Public participation; Access to justice.
Articles alleged: 3 (1); 6 (1)–(5), 6 (8); 9 (2), 9 (5).
Articles considered by the Committee: 3 (1), 6 (1)–(7); 7; 9 (2), 9 (4), 9 (5).
Articles, if any, found in non-compliance: -
Summary: On 21 December 2007, the three French associations L’Association de Défense et de Protection du Littoral du Golfe de Fosse-sur-Mer, Le Collectif Citoyen Santé Environnement de Port-Saint-Louis-du-Rhône, and Fédération d’Action Régionale pour l’Environnement, submitted a communication to the Compliance Committee, alleging non-compliance by France with its obligations under articles 3 (1), 6 (1)–(5) and (8), and 9 (2) and (5) of the Convention. The communication alleged that the Party concerned failed to provide for public participation in the decision-making processes and access to justice in relation to the decision-making process that lead to the construction by Communauté Urbaine Marseille Provence Métropole of a centre for the processing of waste by incineration at Fos-sur-Mer.
| Document | Status | Date received or posted by the secretariat | |
|---|---|---|---|
| Datasheet ACCC/C/2007/22 | 29.06.2009 | ||
| Determination on admissibility | At CC-19 | 07.03.2008 | |
| Communication (in French) | 28.12.2007 | ||
| Communication (in English) | Informal translation provided by the secretariat | 26.12.2007 | |
| ex A to the communication (in French) | Summary | 26.12.2007 | |
| ex A to the communication (in English) | Informal translation provided by the secretariat | 26.12.2007 | |
| Exhibit No. l : Resolution of 21 December 2007 of the Association de Défense et de Protection du Littoral du Golfe de Fos-sur-Mer (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 2: Resolution of 20 December 2007 of the Collectif Citoyen Sante Environnement de Port-Saint-Louis-du-Rhone (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 3 : Resolutions of 21 December 2007 of FARE Sud (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 4 : Resolution of the CUMPM Council, DPEA/2/807/CC, of 20 December 2003 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 5: Resolution of the CUMPM Office, FAG/14/645/B, of 20 December 2003 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 6: Application by FARE Sud for reconsideration of the two resolutions of 20 December 2003 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 7: Letter from the President of the CUMPM of 23 April 2004 rejecting the application (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 8: Judgment of the Administrative Court of Marseilles of 12 July 2005, FARE Sud c/ CUMPM, No. 0404639-l (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 9: Notices published in the newspapers “Le Monde” and “La Provence” (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 10: Notice of invitation to tender published in “Le Moniteur des Travaux Publics” (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 11 : List of persons who consulted the dossier made available to the public (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 12: French regulations on public debate: Law 2002-276 of 27 February 2002 relating to community democracy, codified in articles L. 121-1 to L.121-15 of the Environment Code, and Decree 2002-1275 of 22 October 2002 relating to the organization of public debate and the CNDP (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 13: Report by France on the implementation of the Aarhus Convention on Access to I nformation, Public Participation in Decision-Making and Access to J ustice in Environmental Matters of January 2005 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 14: Decision of the National Commission for Public Debate of 1 December 2004 rejecting as inadmissible the applications made to it for the o rganization of a public debate on the project to build a household-waste treatment unit in the industrial zone of Fos-sur-Mer (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 15: Application for reconsideration from the President of SAN Ouest Provence dated 15 December 2004 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 16: Commission report of 5 January 2005 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 17: Legislation on urgent case procedures before the interim relief judge : Articles L. 521-1 and L. 521-2 of the Code of Administrative Justice (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 18: Order of the interim relief judge of the Conseil d'Etat of 17 March 2005, SYNDICAT D'AGGLOMERATION NOUVELLE OUEST PROVENCE, No. 277768 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 19: Judgment of the Conseil d'Etat of 28 December 2005, SYNDICAT D 'AGGLOMERATION NOUVELLE OUEST PROVENCE, No. 277128 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 20: Resolution of 13 May 2005 of the CUMPM Council (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 21: Contract signature (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 22: Order of the interim relief judge of the Administrative Court of Marseilles of 12 August 2005, ASSOCIATION “ FARE SUD” and others, No. 0504521 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 23: Order of 12 January 2006 of the Prefect of Bouches-du- Rhône granting the company EVERE SAS a licence to operate a multifunctional household-waste treatment centre with energy recovery , on the land of the commune of Fos-sur-Mer (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 24: Provisions of the Environment Code relating to public inquiries (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 25: Inquiry notice of 23 August 2005 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 26: Report of the Commission of Inquiry, end paper (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 27: Legislation on environmentally classified installations (ICPE) (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 28: Comments and conclusions of the Commission of Inquiry, pp. 38 and 39 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 29: Report of the Commission of Inquiry, p. 64 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 30: Map of the communes affected by the incinerator (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 31: Comments and conclusions of the Commission of Inquiry, pp. 41 and 42 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 32: Report of the Commission of Inquiry, pp. 64 to 73 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 33: Order of the interim relief judge of the Administrative Court of Marseilles of 20 April 2006, SYNDICAT D'AGGLOMERATION NOUVELLE OUEST PROVENCE and others, No. 0602660 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 34: Judgment of the Conseil d'Etat of 23 October 2006, SYNDICAT D’AGGLOMERATION NOUVELLE OUEST PROVENCE and others, No. 293213 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 35: Order of the interim relief judge of the Administrative Court of Marseilles of 24 May 2006, ASSOCIATION DE DEFENSE ET DE PROTECTION DU LITTORAL DU GOLFE DE FOS-SUR-MER and others, Nos. 0602560, 0602661, 0602824 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 36: Judgment of the Conseil d'Etat of 15 February 2007, MINISTER OF ENVIRONMENT AND SUSTAINABLE DEVELOPMENTand others, Nos. 294186, 294217, 294279 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 37: Judgment of the Administrative Court of Marseilles of 13 November 2007, ASSOCIATION DE DEFENSE ET DE PROTECTION DU LITTORAL DU GOLFE DE FOS-SUR-MER and others, Nos. 0602553, 0602662, 0602823 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 38: Order of 20 March 2006 of the Prefect of Bouches-du-Rhône granting the company EVERE a building permit for a multifunctional household-waste treatment centre with energy recovery at Fos-sur-Mer (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 39: Article L. 554-10 of the Code of Administrative Justice (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 40 : Order of the interim relief judge of the Administrative Court of Marseilles of 16 June 2006, SYNDICAT D'AGGLOMERATION NOUVELLE OUEST PROVENCE and another, No. 0603423 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 41: Order of the interim relief judge of the Administrative Court of Marseilles of 16 June 2006, SYNDICAT D'AGGLOMERATION NOUVELLE OUEST PROVENCE and another, No. 0603424 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 42: Judgment of the Conseil d'Etat of 15 February 2007, SYNDICAT D 'AGGLOMERATION NOUVELLE OUEST PROVENCE and another, No. 294852 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 43: Order of the Administrative Court of Appeal of Marseilles of 21 June 2007, SYNDICAT D'AGGLOMERATION NOUVELLE OUEST PROVENCE, COMMUNE DE FOS-SUR-MER, No. 06MA01896 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 44: Judgment of the Administrative Court of Marseilles of 29 June 2007, SYNDICAT D'AGGLOMERATION NOUVELLE OUEST PROVENCE and others, No. 0603422 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 45: Newspaper article “Le chantier...”, La Provence (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 46: Article L.4 of the Code of Administrative Justice (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 47: Judgment of the Conseil d'Etat of 6 June 2007, COMMUNE DE GROSLAY and another , No. 292942 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 48: Judgment of the Conseil d'Etat of 10 November 2006, ASSOCIATION DE DEFENSE DU RIZZANESE ET DE SON ENVIRONNEMENT, No. 275013 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 49: Judgment of the Conseil d'Etat of 4 August 2006, CRILAN, No. 254945 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 50: Judgment of the Conseil d'Etat of 28 December 2005, ASSOCIATION CITOYENNE INTERCOMMUNALE DES POPULATIONS CONCERNEES PAR LE PROJET D’AEROPORT DE NOTRE-DAME-DES-LANDES, No. 267287 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 51: Judgment of the Administrative Court of Appeal of Marseilles of 20 September 2007, ASSOCIATION NATIONALE DE PROTECTION DES EAUX ET DES RIVIERES, TRUITES-OMBRES-SAUMONS, No. 04MA00286 (in French) | Addendum to the communication | 26.12.2007 | |
| Exhibit No. 52: Judgment of the Conseil d'Etat of 5 April 2006, Mme A, M. B and others, No. 275742 (in French) | Addendum to the communication | 26.12.2007 | |
| Letter to the Party informing about the communication and raising several points | Letter from the secretariat sent at the request of the Committee made at CC-12 | 17.04.2008 | |
| Letter to the communicant regarding preliminary admissibility of the communication and request for additional information | Letter from the secretariat sent at the request of the Committee made at CC-13 | 17.04.2008 | |
| Coverletter to the response from the Party concerned | Coverletter to the official response pursuant to para.23 of the ex to deciison I/7 | 16.09.2008 | |
| Response from the Party concerned (in French) (in English) | Response pursuant to para.23 of the ex to deciison I/7 | 16.09.2008 | |
| Extracts from from Urban Development Code (in French) | ex 1 to the Party's response | 16.09.2008 | |
| Extracts from the Environmental Code (in French) | ex 2 to the Party's response | 16.09.2008 | |
| Article R 121-2 of the Environmental Code (in French) | ex 3 to the Party's response | 16.09.2008 | |
| Letter of 9.01.1995 from the Ministry of Environment to the MP from the Department of the Bouches-du-Rhône (in French) | ex 4 to the Party's response | 16.09.2008 | |
| Decision of the Administrative Tribunal of Marseille of 24.06.2003 (in French) | ex 5 to the Party's response | 16.09.2008 | |
| Decision of the Administrative Tribunal of Marseille of 2.10.2007 (in French) | ex 6 to the Party's response | 16.09.2008 | |
| Additional information provided by the communicant in response to the questions posed by the Committee (see secretariat's letter of 17.04.2008) (in French) (in English) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No. 53: Public Works concessions, 15.02.2004 (in French) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No.54: Public notice regarding delegation of waste management service (Le Montieur, 16.04.2006) (in French) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No.55: Decision of the Bordeaux Administrative Court of Appeals of 19.12.2006 (in French) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No.56: Decision of the Bordeaux Administrative Court of Appeals of 5.1..1998 (in French) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No.57: EC Directive 2003/35/CE of 26.05.2003 on public participation in respect of drawing up of certain plans and programmes relating to the environment (in French) (in English) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No.58: Decision of the Administrative Tribunal of Marseille of 13.05.2008 (in French) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No.59: Letter from the European Commission to the communicant dated 8.04.2008 (in French) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No.60: Article 1.7 of the prefectorial order of 12 January 2006 authorizing EVERE to operate an incinerator at Fos-sur-Mer (in French) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No.61: Article R.512-39 of the French Environment Code (in French) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No.62: Administrative circular of 3.01.1979 (in French) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No.63: Public notice of 16.01.2006 (in French) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No.64: Article L123-9 of the Environmental Code (in French) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No.65: Administrative case-law concerning response to public commnets (in French) | Additional information from the communicant | 17.09.2008 | |
| Exhibit No.66: National Implementation Report of France (in French) (in English) | Additional information from the communicant | 17.09.2008 | |
| Letter to the Party concerned regarding the discussion on the subject matter of the communication | Letter from the secretariat sent at the request of the Committee | 26.09.2008 | |
| Letter to the communicant regarding the discussion on the subject matter of the communication | Letter from the secretariat sent at the request of the Committee | 26.09.2008 | |
| Covernote to the additional information provided by the communicant on 27.01.2009 (in French) | Provided in response to the request of the Committee made at its 22nd meeting | 27.01.2009 | |
| Additional information provided by the communicant on 27.01.2009 (in French) (in English) | Provided in response to the request of the Committee made at its 22nd meeting | 27.01.2009 | |
| Exhibit No. 67: CE, 30 December 2002, Ministry of Territorial Management and Environment c/ M.Carminati, rec., p.510; T.X Girardot, « Le retour de la loi-écran devant le juge des référés : la jurisprudence Carminati confirmée par le juge des référés du Conseil d’Etat », AJDA, 16.10.2006, p.1875 (in French) | Provided in response to the request of the Committee made at its 22nd meeting | 27.01.2009 | |
| Exhibit No. 68: Environmental law, n. 150, July-August 2007, p. 179 (in French) | Provided in response to the request of the Committee made at its 22nd meeting | 27.01.2009 | |
| Exhibit No. 69: article L.512-2 of the Environmental Code and Article: 425-10 of the Town Pling Code (in French) | Provided in response to the request of the Committee made at its 22nd meeting | 27.01.2009 | |
| Addtional information provided by the Party concerned on 28.01.2009 (in French) (in English) | Provided in response to the request of the Committee made at its 22nd meeting | 28.01.2009 | |
| Addendum 1 to the additional information provided by the Party concerned on 28.01.2009: table of transposition of the requirements of art. 6 of the Convention into the French legislation (with regard to installations classified for the protection of the environment) (in French) | Provided in response to the request of the Committee made at its 22nd meeting | 28.01.2009 | |
| Addendum 2 to the additional information provided by the Party concerned on 28.01.2009: Access to Justice (in French) (in English) | Provided in response to the request of the Committee made at its 22nd meeting | 28.01.2009 | |
| Letter to the Party concerned forwarding draft findings and recommendations of the Committee for comments | Letter by the secretariat on behalf of the Committee | 15.05.2009 | |
| Letter to the communicant forwarding draft findings and recommendations of the Committee for comments | Letter by the secretariat on behalf of the Committee | 15.05.2009 | |
| Draft Findings and Recommendations | Draft for comments by the parties concerned | 15.05.2009 | |
| Letter from the communicant providing comments on the draft findings and recommendations | Letter from the communicant | 18.06.2009 | |
| ex 1 - Comments on the draft findings and recommendations (French) (English) | ex to the letter | 18.06.2009 | |
| ex 2 - Legal aspects on administrative contracts | ex to the letter | 18.06.2009 | |
| Letter from the Party concerned declaring no concerns from France about the draft findings | Letter from the Party concerned | 29.06.2009 | |
| Amicus brief | Letter from "Les Amis de la Terre - France" | 02.07.2009 | |
| Letter to the Party concerned forwarding findings of the Committee | Letter by the secretariat on behalf of the Committee | 30.07.2009 | |
| Letter to the communicant forwarding findings of the Committee | Letter by the secretariat on behalf of the Committee | 30.07.2009 | |
| Findings (En Fr Ru) | From the secretariat | 08.02.2011 |