> The United Nations Economic Commission for Europe (UNECE) Aarhus
> Convention on Access for Information, Public Participation in
> Decision-Making and Access to Justice in Environmental Matters has a
> Compliance Committee which meets four times per year in the UN at Geneva.
> On the 4th May 2012 it issued its draft findings and recommendations, in
> relation to a Communication in respect of the compliance by the EU with the
> terms of Convention with the implementation of the Renewable Energy
> Programme in Ireland. The Committee determined that :-
> *
*The European Union did not comply with the provisions of the Aarhus
> Convention in connection with its 20% renewable energy by 2020
> programme (Directive 2009/28/EC) and its implementation throughout the 27
> Member States by the National Renewable Energy Action Plans (NREAPs).
>
- *The Compliance Committed ruled that the EU did not have the proper
> legislative framework, with regard to the implementation of the NREAPs by
> the Member States, in relation to legally binding provisions requiring
> public participation in decision making relevant to plans and programmes on
> the environment. Namely ensuring that the public affected have been
> provided with the necessary information in order to participate witin a
> transparent and fair framework, allowing sufficient time for informing the
> public and for the public to prepare and participate effectively. This has
> to occur when all options are open and effective public participation can
> occur. Furthermore, the authorities have to ensure and document that in the
> resulting decision, due account is taken of the outcome of the public
> participation.*
>
>
- *The Compliance Committee also ruled that the EU had failed to monitor
the implementation of the NREAP in Ireland and therefore the EU had failed
to comply with the terms of the Convention above.*
**
- *Finally the Compliance Committee ruled that due to the failures in
relation to a required proper legislative framework for implementation of
the NREAPs, the EU was in non-compliance with the Convention in relation to
its obligations to take the necessary legislative, regulatory and other
measures, including measures to ensure the compatability between the
provisions implementing the information, public participation and access to
justice provisions in the Convention, as well as proper enforcement
measures, to establish and maintain a clear, transparent and consistent
framework to implement the provisions of the Convention.*
Note: As a consequence of this failure neither Ireland nor the EU may have
in their possession the Environmental information, such as legally required
Strategic Environmnetal Assessments, to demonstrate that the Convention had
been complied with. Neither were the public adequately consulted and
provided with the proper provisions for public participation.
Furthermore, under the aegis of its NREAP not only did the EU and Ireland
grant State Aid to wind farm developers/operators in the form of REFIT
(Renewable Energy Feed In Tarrifs), but Ireland also approved planning for
countless wind farms, on the basis of a policy, which had by-passed proper
evaluation and democratic accountability. Additionally, the EU had directly
and indirectly funded the construction of an electrical inter-connector
with the UK, for the sole purpose of facilitating this renewable project,
which had by-passed the necessary procedures of democratic accountability.
>
> The failure of the EU to comply and its failure to ensure that Ireland
> complied with the Convention stands in law. The Aarhus Regulation, of
> the Treaty on the Functioning of the European Union (TFEU) came into effect
> on 28 June 2007 which provides that :-
>
> Agreements concluded by the EU are binding upon the institutions of the
> Union and on its Member States and EU institutions would apply the
> Convention within the framework of their existing and future rules and
> Member States would be responsible for the performance of these
> obligations until the EU, in the exercise of its powers under the TEC,
> adopted provisions of EU law covering the implementation of these
> obligations.
>
Essentially their draft ruling is clear, the Convention, which is part of
> EU law, was bypassed and must now be implemented in order to progress
> further this renewable programme. Therefore, as the Compliance Committee
> made clear in their Recommendation, the whole public participation
> procedure has to be properly implemented in order for this renewable energy
> programme to be progressed any further.
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Originally Posted by ShoutingIsLeadership
