Pat Swords writes:
You will find the attached [files 1, 2] to be of interest. In summary success has been achieved in obtaining a ruling at an international legal tribunal that the UK is in non-compliance with its legal framework and international treaty arrangements with regard to the implementation of its renewable programme (15% renewable energy target and National Renewable Energy Action Plan).
The Compliance Committee is not a Court in the normal sense, so they choose to look only at the areas of compliance which they feel concern them. In this regard;
(a) They felt unqualified to pass judgement on the CO2 savings issues, but they conceded in Point 85 that they accept that such issues are contested.
(b) They are awaiting the outcome of the forthcoming European Court Action with regard to the EU's post 20% renewable energy programme, see Point 75.
Success was not achieved with obtaining a ruling on the two projects WLATHR (road) and Carriag Gheal (wind farm). However, I am somewhat unsure of their conclusion on point 102. Yes there was public consultation, but an awful lot of turbines had been built prior to these programmes and consultations being finalised. Seemingly the Committee missed on this point, which is something we can go back on, as we are provided with an opportunity to comment before the next Committee meeting. However, the fact that the UK NREAP is non-compliant, throws these programmes into some amount of legal limbo, the Convention being an 'integral part of EU legal order', as conformed by the European Court of Justice (Case C-240/09). Therefore these rights are part of EU law and it follows that the Convention has legal force in domestic law by virtue of a Member State's obligations under EU law.