WRITTEN QUESTION No. 3421/97 by Mihail PAPAYANNAKIS to the Commission. Implementation of Community environment legislation
Date: 1997-10-31
Institutions: European Parliament, KAKLAMANIS
Subjects: Greece, Structural Funds, amendment, application of EU law, environmental impact, environmental law, environmental protection, impact study, national implementing measure, town and country planning

16. 6. 98

EN

Official Journal of the European Communities

C 187/5

The lack of transparency of the entire procedure raises vital questions regarding the effective protection of the
natural environment in Greece; moreover, the appalling fact has come to light that heavy industries can now be
established even in ecologically sensitive regions protected by Community legislation, and notably in regions
covered by the Ramsar Convention.

Will the Commission give its official views on this matter and say how it intends to make clear to the Greek
authorities that they have a duty effectively to protect the natural environment?

(98/C 187/06)

WRITTEN QUESTION E-3421/97

by Mihail Papayannakis (GUE/NGL) to the Commission

(31 October 1997)

Subject: Implementation of Community environment legislation

In  making  a  number  of  amendments  to  certain  laws  and  draft  laws,  the  Greek  Government  is  carrying  out  a
systematic  assault  on  the  natural  environment  in  Greece  on  the  pretext  of  increasing  its  take-up  rate  of
Community funds. This process began with abolishing the publication of Ministerial decisions approving the
environmental criteria for projects of major economic significance and the method of approving the terms and
conditions for building and operating large-scale projects by the Greek Parliament so that no checks are made on
the quality of the EIAs or on whether the conditions laid down are adequate.

Furthermore, the recent Law on Industry also abolished the need for prior approval of the location of an industry.
Article 4 of Law 2516/97 abolishes the need for prior approval of the location of industrial activities before they
are established, which means in practice that hazardous industrial activities may be set up without taking account
of the broader planning and environmental implications. Moreover, a recent law on the regions abolished the
fundamental statutory requirement to carry out an EIA before commencing works, even including work to set up
landfill sites. (Article 23 of Law 2503/97 allows contracts for creating landfill sites toto be awarded before any
EIA has been carried out). Finally, a recent draft law already before the Greek Parliament attempts to abolish the
role and the responsibilities of the Ministry for the Environment, Regional Planing and Public Works (Article 59)
by transferring some of its basic powers to the Ministry of Agriculture.

Given that such measures are contrary to the environment policy defined in Article 130r of the Treaty, will the
Commission say in what way the above actions are consistent with Article 7 of the Regulation on the Structural
Funds  which  states  that:  (cid:145)Projects  financed  by  the  Structural  Funds  must  be  consistent  with  EU  policies,
particularly those concerning environmental protection(cid:146) and what measures will it take to compel the relevant
Greek authorities to respect and implement existing Community law?

Joint answer
to Written Questions E-3297/97 and E-3421/97
given by Mrs Bjerregaard on behalf of the Commission

(17 December 1997)

Member  States  are  obliged  to  communicate  to  the  Commission  any  legislative  act  transposing  Community
legislation as well as related amendments.

The Commission is not aware of the recent amendments to certain laws which, according to the Honourable
Member, were introduced by the Greek government in the framework of the environmental impact assessment,
and which might be contrary to Community environment policy and legislation.

Because of the seriousness of the matters raised by the Honourable Member, the Commission will contact the
Greek authorities in order to ensure that any amendments or new laws concerning the environmental impact
assessment are in conformity with Community legislation and policy in the field of the environment.