8.12.2014
To
United Nations
Economic Commission
For Europé
Palais des Nations
Room 348
CH-1211 Geneva 10
aarhus.compliance@unece.org
and copy to
Fiona Marshall
Environmental Affairs Officer - Secretary to the Compliance Committee
Aarhus Convention secretariat
United Nations Economic Commission for Europe
Room 429-2, Palais des Nations
CH- 1211 Geneva 10, Switzerland
Phone: +41 22 917 4226
Fax:
+41 22 917 0634
E-mail: fiona.marshall@unece.org
website: www.unece.org/env/pp/welcome.html
Clarification of case ACCC/C/2013/81.
Rågranne. (Raw Neighbor)
Swedish and international law does not specify the distance for locus standi for the
public concerned in environmental court cases.
Swedish rågrannar (raw neighbors) are the owners of properties bordering each
other.
These are always considered to have locus standi.
No Access to Information, Public Participation in Decision-making and
Access to Justice in Environmental Matters.
Summary of Communication 27.2.2013
Violation of Article 4 Access to environmental information. Page 3-4.
Violation of Article 6 PUBLIC PARTICIPATION IN DECISIONS ON SPECIFIC
ACTIVITIES,
Without any information to the public concerned the Planning and Building Board In
Strängnäs gave building permit for three wind turbines on Selaö and two on Helgarö.
Early in 2008.
The building permit on Helgarö was postponed pending the numerous obstacles
must first be overcome, inter alia, that the area was part of the conservation area
where it was forbidden to put up wind turbines
First 3.11.2010 in PBN § 276 Reg PBN / 2008: 21-239 was therefore given the formal
building permit when the obstacles had been overcome.
At no time prior to Decision 2008 received the public information on the case.
For example was raw neighbor (see below) Johan Andersson never contacted before
decisions 2008-2010 and therefore has he never participated in the decisions.
First, using the intervention of the Ombudsman, Parliamentary Ombudsmen, has the
public concerned forced its way to get information on the case.
Public demands for investigations of flora and fauna, among other things, that eagles
are nesting in the area, has not been answered.
Violation of Article 9, Access to Justice. Page 5
By depriving us locus standi, we have also been deprived of, Access to Justice.
The Swedish Government has through its orders from 17.3.2012 deprived our right to
have our case on safety of wind turbines legal examined since the Swedish law
machinery directive may not be included in a judicial review of planning permission
for the machine wind turbine.
http://www.helgaro-liv.se/FN 2013/9-3-2012 reg arbdep.pdf
The European Commission rejected my notification of that infringement without
having read it. European Ombudsman therefore requests answers to questions from
the CommissionIn a Reply 23.9.2013 to Compliance Committee’s Questions
26.4.2013 left reqested answers.
In my Communication 27.2.2013 I have clearly shown that the Swedish government
has never implemented the Machinery Directive. See answer to question 3
I have clearly shown that the Swedish government through orders 9.3.2012, I 6, has
deprived me the right to judicial review of decisions related to wind turbines. See
answer to question 4 and 5.
The answer to question 6 means that no wind turbines in Sweden are CE marked on
their location. EU ombudsman has 12/1/2014 requested answers from the European
Commission why not wind turbine machines are CE marked in Sweden.
Here are a translation of the judgments in the Environmental Court and Supreme
Environmental Court.
The referees attached scanned copeis. 4 copies
I enclose partial translation of the judgments. 4 translations.
Moreover, a copy is attached of the Swedish government orders 17-3-2011 and a
partial translation.
Bernd Stümer
Väla Gård, Helgarö
64592 Strängnäs
valab@helgaro-liv.se