On Friday, July 15 The European Commission has referred Greece to the Court of Justice of the European Union. for the incorrect transposition of a directive on the assessment of the environmental impact of certain major infrastructure projects.
The European Commission had sent a warning letter in October 2019 reprimanding the country, emphasizing that «according to Greek law, the directive on environmental impact assessment does not automatically apply to all projects serving national defense purposes».
In December 2020, the Commission sent a reasoned opinion. Specifically called on Greece to implement the EU Court of Justice ruling on the conservation of natural habitats and wild fauna and flora, as required under the Habitats Directive. More specifically, the Court ruled that Greece tolerated the implementation of projects and activities that violated the directive that had been communicated to it, such as the approval of urban planning in the areas of Agianaki and Vounaki in Messinia, without ascertaining its impact on the Natura 2000 area and without establishing a regulatory framework for the protection of the Caretta caretta sea turtle.
The country was referred to the Court because it has not fully addressed the allegations.
According to the official announcement by the European Commission, «Greek legislation does not apply the provisions of the directive on environmental impact assessment to all projects serving national defense purposes.» However, this exemption could only be granted «on a case-by-case basis and only if the Member State considers that the application of the environmental impact assessment procedure would adversely affect the purposes of defense or civil protection emergencies.».
The announcement also clarifies that «Greek legislation does not include the obligation to carry out an environmental impact assessment for certain projects, such as facilities for the reprocessing of irradiated nuclear fuel or the final disposal of radioactive waste, or inland waterways and ports that allow the passage of ships over 1,350 tons.».
Finally, it is interesting to note the Commission's statement in its announcement that «Greek legislation does not include any legal provision requiring the Greek authorities to inform the public of any decision taken by another Member State concerning projects with cross-border implications for Greek territory.»This last point in particular requires institutional clarification. What does the Commission mean when it refers to decisions by other Member States concerning projects that have cross-border implications for Greek territory? What kind of projects are these? Do they concern national defense?;
