ENVIRONMENTAL ENFORCEMENT IN GREECE
M. VASSILOPOULOS
Greek Permanent Representative with the European Economic Community, Avenue de Cortenberg 71, 1040 Brussels, Belgium
PLATO' S LAWS H 845
Water is easily polluted by the use of any kind of drug. It therefore needs the protection of a law, as follows: Whoever willingly (or: purposely) pollutes water shall de obliged, in addition to paying an indemnity, to purify the spring or receptacle of the water whatever method of purification is prescribed by ordinance, at all times and to everyone.
The country is located in the northeastern part of the Mediterranean Sea. The coastline of continental Greece is 7,078 purring, including Peloponnese, while that of the islands is 7,942 km. This makes a total of 15,020.9 km (National Statistical Service, 1970). Greece has an area of 132,000 sq.km and population of 9.7 million (population density of 73 inhabitants/sq.km). Although the average population is relatively low, 58% of the people, the greater part of those involved in economic activities are concentrated in urban areas.
The largest urban centers are located near gulfs (e.g. Athens, Thessaloniki, Patras, Volos, Iraklion). Due to the high urban/industrial waste load in those areas the pollution of the environment has become a major problem.
Due to the mountainous nature of Greece there is a strong competition among industry, agriculture and tourism for land in coastal areas. Those pressures have resulted in environmental degradation such as water and pollution.
Because of lack of adequate space in Greece, there is a strong competition among industry, agriculture, and tourism for land in flat areas especially near the coasts. The above antagonism leads to an irreversible environmental deterioration, which, also affects the natural resources and represents a serious problem for the future development of the country. Only a limited degree of planning and resource management has taken place in the last two decades.
Tourism has become a major economic activity.
Between 1962 and 1982 the number of foreign tourist arrivals in Greece increased by 890% to more than 5 million. Internal tourism has also increased significantly. 90% of all tourism activities occur in the coastal areas, resulting in additional environmental degradation.
Industrial activities have also increased with high rates. Almost 80% of the Greek industry is located in the coastal zone (all 4 existing refineries, 3 out of 4 fertilizer plants and all the metallurgical industries), especially in the Greater Athens and Thessaloniki areas.
Agriculture also contributes to the pollution of the coastal areas though fertilizers and pesticides. In 1985 2188 x 1000 tons of fertilizers and 2800 tons of pesticides were added to agriculture soil. Solid waste especially in tourist areas is another problem.
It must be noted that Greece is one of the few countries which have included in their constitution an article on environmental protection. In article 24 it is stated that protection of the natural and cultural environment constitutes an obligation of the state and the state is responsible for taking special preventative or enforcement measures towards its conversation. Articles 21, 22 and 106 deal with the protection of workers, public health, urban development and physical planning.
The application of these constitutional orders was made possible by the introduction and adoption by the Parliament of law 360/1976 on environmental and physical planning. Certain articles of this law have been subsequently revised by law 1032/1980.
According to the law 360/1976 the policy for physical planning and environment is shaped and monitored by a National Council (NCPPE) chaired by the Prime Minister and composed by the Ministers of National Economy, Finance, Agriculture, Sciences and Cultures, industry and Energy, Social Affairs, Public Works, Physical Planning and Environment and Mercantile Marine.
In order to strengthen the implementation and control procedures, a new Ministry for the Environment, Physical Planning and Public Works was created by law 1032 in 1980. From a small number of administrators in 1972 the new Ministry has now more than 250 employees and regional representation in all prefectures of the country. This Ministry is the main executive body carrying out the environmental policy and general enforcement of the Government.
In addition there are administrative units in almost every Ministry which have been assigned responsibility on environmental protection, such as the Ministry of Agriculture (forest, wild life, pesticides), the Ministry of Mercantile Marine (pollution by oil and other harmful substances from ships and land based sources), the Ministry of the Interior (solid wastes, municipal waste water). Also the Ministry of transport has established throughout the country, Technical Inspection Centers for conducting periodical mechanical and emission tests on all types of vehicles and the Ministry of National Economy formulates and coordinates the finances concerning environmental policy at national and regional levels-as it does for individual sectoral policy finances.
In sum, the institutional and legislative provisions for environmental management are being gradually strengthened. The intent is for increased capacity to develop and implement more consistent policies and programs for environmental protection.
The use of those administrative agencies that already existed within various Ministries resulted to a significant facilitation of prompt law enforcement implementation and additional reduction of costs since we were able to use the existing infrastructure all over the country as well as the experienced and skilled personnel.
Law 1650 of 1986 determines the overall framework.
The law distinguishes 3 industrial categories, in relation to their level of pollution. The standards to be respected are defined at a regional level (prefecture). They are variables, depending on the receptors and the nature of the industry involved. Normally, prefectural decrees should conform to EC directives on water use.
Law 1069 of 1980 has compelled each municipality of more than 10.000 inhabitants to create a municipal enterprise for water supply, waste water collection and treatment.
An important legislative act is the law 743/1977 about the "Protection of marine environment from pollution caused by vessels and coastal industrial activities". This law provides, among others, for the organization of a marine pollution abatement service in the Ministry of Mercantile Marine and for fines imposed on violators of this law.
Certain provisions of this law were later harmonized with those of the Convention for the Protection of the Mediterranean Sea Against Pollution (Barcelona Convention ) and its two protocols on the Prevention of Pollution in the Mediterranean Sea from Dumping by Vessels and Aircrafts, and on Cooperation for Preventing Pollution in the Mediterranean Sea from Hydrocarbons and Other Harmful Substances in Cases of Emergency, which were ratified by Greece on 1978.
Two other protocols, for the protection of the marine environment from land based sources and for special protected marine areas been ratified in 1986. Greece has also ratified the MARPOL, STW and Civil liability Conventions.
Oil pollution is the biggest pollution problem in the Mediterranean Sea it represents a danger of national dimension for the Greek coast. That is the reason why Greece has developed a contingency plan. Since the early seventies she has created regional oil combating units, she has eleven skimmers and multipurpose ships, two airplanes and has installed oil antipollution equipment in 40 ports all over the country. Moreover, the fines which were imposed on violations by ships or land sources were 2.2 m US$ for the period 1987-1982.
According to the latest plan reception facilities will be created at the main ports of the Country. This project will be partly financed by the EC.
Another important development is the introduction of prefectural regulations on effluent standards per coastal area for Land Based Sources of Pollution of the Marine environmental and of other surface water bodies.
To promote regional development in Greece in the early 80's, the establishment of any industry in the area of Attica around Athens was prohibited. Establishing industries outside this area was encouraged by tax and customs exemptions. Since 1982 a serious of laws have come into force dividing the country into 4 development areas with different incentives.
Law 1892/90 supports industry's anti-pollution investments by giving incentives to:
Enterprises making productive investments which contribute inter alia to energy conservation, reduction of environmental pollution and the quality of life.
Enterprises which are related to the repair, restoration and conversion of houses or buildings (focusing on creating hotels and enterprises carrying out investments (for business settlements)under the preceding section in other areas which are entitled to a further 5% investment grant, provided that said traditional houses or buildings are located in significant traditional settlements.
Enterprises relocating industries from large urban areas (e.g. Athens) to other rural settlements with respect to decentralization.
The given incentives vary from 40% (in Athens) to 50% (near the borders) of the cost.
The prefectorial services are charged with the control of the proper application of laws and permits.
By the fundamental law 1650/86 the installation of environmental quality control units (KEPE) in any prefecture has been regulated. The prefect can nominate functionaries from the prefecture personnel including representatives from the Ministry of the Environment. Representatives of the local authorities can also participate. The units have all the necessary rights for proper supervision by entering premises, sampling, suggesting measures or sanctions.
Administration fines after prefectorial decision can be imposed up to 10 mil. Greek drs. or 44.000 ECU. In severe cases (e.g. accidental spill with victims) the Minister has the right to increase the fines up to 6 mill. ECU. Also temporary or permanent withdrawal of a permit is possible together with fines up to 6.000 ECU per day of illegal work.
The penal code is applied for violations of environmental legislation. Complaints can de made by those who are affected by actions that cause environmental damage.
For violation of the environmental legislation, imprisonment for up to 2 years and penalties can be applied.
The Administrative tools for enforcement are:
Administrative penalty payments (for each) violation or for each day the company does not comply after issuance of administrative order);
Partial or complete closure of a plant;
Administrative coercion;
Revoking the permit.
Criminal tools are:
Imprisonment;
Fine;
Closing of the factory/company for at most one year.
Air pollution problems, especially the smog formation ("Nephos"), are severe in Athens, where 70%, of the economic activity and almost 40% of the population is concentrated.
The main pollution source are the vehicles which are responsible for 75% or the air pollution in the City.
Industry contributes about 20% and domestic sources 5%.
During recent years, severe air pollution episodes have taken place (there were ten episodes during 1987).
During the air pollution episodes measures for strict reduction of industrial activities and traffic have been taken in accordance with the existing emergency plan.
Photochemical smoke episodes that take place are comparable to the Los Angeles situation.
Sulphur Dioxide air pollution in Athens is under control due to the restriction of fuel oil use in central heating in the Greater Athens area and the reduction (to 0.2%) of the Sulphur content in Diesel for traffic and central heating.
The reduction of lead content in petrol from 0.84 to 0.15 gr/l. has resulted in decrease in lead concentration in the air. The ambient lead concentration of 0.8 ug per cubed meter of air, is within the guideline annual mean of 0.5-1.0 mg/cubed meters, set by the WHO.
Because of high taxation, the majority of the cars were old and small. According to L. Patas private communication, one third of the imported cars, registered in Athens in 1986, were second hand. The EC derived regulations with stricter car emission standards and lower taxes stimulated massive car purchases and resulted in lower emissions.Additional incentives were given for the replacement of aged petrol vehicles with new "clean" ones with 3 way catalytic convertors. These incentives which are in the form of a 50% to 60% discount on the special Consumption tax were put into effect as of January 1991. The rate of scrappage of aged cars and replacement with new clean ones has increased dramatically.
In order to improve further the industrial development, industrial estates have been established as a mean of decongesting the capital and major cities.
Industrial estates and for small and medium enterprises industrial parks, are areas especially organized for the establishment and operation of modern manufacturing plants.
Today 21 industrial estates and 2 industrial parks are in operation.
Legislation provides for the setting up of industrial estates in all the 52 prefectures of the country.
The main interest for setting up a unit in an industrial estate is likely to come from the following:
all kinds of manufacturing and small craft industry units,
ship building and repair units
units processing, storing and trading agricultural products,
common waste water treatment units.
Law 1982/90 includes incentives for enterprises willing to be established in the area of the industrial estates and industrial parks.
In the EEC context the progress in implementing directives applicable to the environment, has an average of 85% success (dated 31-12-91) which is quite good, though the delays in Italy and Greece (with 59% & 76% respectively) continue to give cause for concern.
Substantial improvement has to be expected after the establishment of the network on environmental. Enforcement authorities from the EEC member countries, based on a Ministerial decision during the informal Ministers meeting in October 1991.
The latest development towards the improvement of environmental law enforcement in Greece is the decision of the highest Administrative Court of Justice to create a special section dealing with environmental violations from the administration or the general public. Last but not least the Attorney of Athens announced a campaign in which he, with experts from the Ministry of the Environment, will check enterprises operating in the Greater Athens area, whether they comply to the of waste disposal and atmospheric pollution as well as investigate the existence of the mandatory environmental permits issued by the relevant Greek administration.