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  1. #1
    rash mulligan rash mulligan is offline
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    E.U. energy programme non compliant with Aarhus Convention.

    Statement From Pat Swords Regarding May 2012 Aarhus Ruling | Turn 180

    The Ahraus Compliance Committee has ruled in Pat Swords favour.


    It's over.

    There will be no new wind farm projects in Ireland or anywhere else in the E.U..

    They will now have to do cost benefit analysis and human/environmental impact assessments on any future projects.

    They will also have to prove emissions reductions.

    It is impossible for wind energy to pass these tests as the Academy of Irish Engineers, Eirgrid and several independent studies have shown.

    There will be legal repercussions as the people of Ireland have been shafted yet again and once this is conveyed to the public in laymans language it will be the straw that cuts the camel in two.

    [email protected] are creating a legal fund to make sure Irish electricity consumers are compensated.

    Geneva May 4th 2012 :
    > 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.



    JenniferMarohasy.com carries the debate in Australia
    Jennifer Marohasy Legal Challenge to Mandated Renewable Energy in the EU
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  2. #2
    ShoutingIsLeadership ShoutingIsLeadership is online now
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    'Ruling blows wind out of Aarhus compliance claims', would have been a lot more attractive a thread title.
    Last edited by ShoutingIsLeadership; 8th May 2012 at 11:18 AM. Reason: spelling (thanks, Nemesiscorporation)
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  3. #3
    Pat Gill Pat Gill is offline

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    Quote Originally Posted by ShoutingIsLeadership View Post
    'Ruling blows wind out of Ahraus compliance claims', would have been a lot more attractive a thread title.
    More accurate as well.

    C U L8R
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  4. #4
    rash mulligan rash mulligan is offline
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    More accurate as well.

    C U L8R
    Would you like to contribute to the legal fund Patrick ?
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  5. #5
    Nemesiscorporation Nemesiscorporation is offline
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    It is spelled Aarhus.
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  6. #6
    Volatire Volatire is offline
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    The Green Party promised to ratify the Aarhus Convention.

    Needless to say, they lied. Pretty easy to see why.
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  7. #7
    rash mulligan rash mulligan is offline
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    The Green Party promised to ratify the Aarhus Convention.

    Needless to say, they lied. Pretty easy to see why.
    Their time in government will have to be investigated.

    It is illegal for an elected official to deliberately misled the public.
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  8. #8
    Dylan2010 Dylan2010 is offline

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    It is impossible for wind energy to pass these tests as the Academy of Irish Engineers, Eirgrid and several independent studies have shown.
    I dont follow this issue closely, Why are Eirgrid rolling out transmission lines to cope with wind power if they dont believe in it?
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  9. #9
    rash mulligan rash mulligan is offline
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    I dont follow this issue closely, Why are Eirgrid rolling out transmission lines to cope with wind power if they dont believe in it?
    Because the are another gang of sodomites who don't care about wasting taxpayers/consumers money because it is not theirs and the system grants them a steady supply of it.

    That's why.
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  10. #10
    Volatire Volatire is offline
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    Ireland refuses to sign the Aarhus Convention. Meanwhile political parties solicit large corporate donations. This is a lethal combination. It enables politicians to make policy decisions which favour particular groups with little possibility of effective public scrutiny.

    Why is a bankrupt country frittering away billions on wind power with little prospect of a positive return when everything else is being cut? Where is the cost cost-benefit analysis? Where is the business plan? Where are the audited environmental payoffs?

    None of this stuff exists, or if it does it shows that the policy is daft. Billions are being squandered entirely on the basis of "renewable" industry spin and spoofery.
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