International laws about environment 93685 (3)

International laws about environment

Team selfy20152017 Erasmus+

International laws about environment Team selfy20152017 Erasmus+

1

International laws about environment

Team selfy20152017 Erasmus+

Partner schools COLEGIUL NATIONAL CALISTRAT HOGAS - Piatra-Neant (Romania) STADTISCHES WERNER VON SIEMENS GYMNASIUM - Munchen ( Germany) 1° GENIKO LYKEIO PALLINIS "PIERRE DE COUBERTIN" - Pallini (Greece) LICEO STATALE "CARLO TROYA" - Andria (Italy) AGRUPAMENTO DE ESCOLAS "AUGUSTO CABRITA" - Barreiro (Portugal ) LYCEE SARDA GARRIGA - Saint Andre (France) SMILTENES GIMNAZIJA - Smiltene (Latvia) AKSEMSEDDIN BILIM VE SANAT MERKEZI- Nigde/MERKEZ (Turkey) NAMIK KARAMANCI FEN LISESI - Manavgat (Turkey) SELFY - Save Earth Life for Youth - Codice attività: 2015-1-RO01-KA219015164_5 Disclaimer The European Commission support for the production of this publication does not constitute an endorsement of the contents which reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.

2

International laws about environment

Team selfy20152017 Erasmus+

Index book The Romania environmental policy The German environmental policy The Turkey environmental policy The Greecy environmental policy The Italy environmental policy The Portugal environmental policy The France environmental policy The Latvia environmental policy

3

International laws about environment

Team selfy20152017 Erasmus+

The Romania environmental policy

COLEGIUL NATIONAL CALISTRAT HOGAS Piatra-Neant (Romania) Romania has very extensive legislation dealing with environmental matters.

Romania's accession to the European Union on january 1, 2007 played a significant role in shaping this legislation. Thus, both before and after the accession date, romania has taken measures to transpose all eu and european communities' law in the environmental field and to further implement them at national level. Transition periods were obtained for the implementation of specific environmental provisions set out by eu law through the 2005 accession treaty.

The environmental legal framework in Romania must be seen and understood as a tripartite system displaying three main participants. The Romanian

environmental

legislation

indicates

as

a

first

component

the European environmental directives that this country had to comply with, as a result of its accession to the European Union.

Apart from these regulations, there is also an internal or national legal apparatus, which controls and provides support in this area.

The third aspect that also influences the environment law in Romania refers to a complex set of bilateral international conventions and treaties, which serve as distinct arrangements providing a continuously developing cosmopolitan climate. Laws in this field are frequently changing always

4

International laws about environment

introducing

new

Team selfy20152017 Erasmus+

stipulations,

clearly

improving,

but

also

increasing

confusions. It becomes more and more obvious that when requesting any type of permit or authorization an expert's intervention is needed. Do not hesitate to contact us for a free consulation.

At national level, the most prominent authorities which establish the regulatory

framework

in

this

specific

domain

are

represented

by

the Ministry of Environment, the National Environmental Protection Agency and the National Environmental Guard.

Romania is also part of and has ratified various bilateral, regional and international conventions and treaties on environmental

matters,

including

the

1992

UN

Framework Convention on Climate Change and its 1997 Kyoto Protocol, the 1982 UN Convention on the Law of the

Sea,

the

1973

International

Convention

for

the

Prevention of Pollution from Ships and its 1978 Protocol, etc. Secondary legislation was further enacted, usually in the form of ministerial orders issued by the Ministry of Environment

and

Sustainable

Development

(or

its

predecessors). These orders set out detailed procedural rules for the implementation of provisions of the primary legislation.

EMISSIONS Romanian law makes a distinction between activities having a significant impact on the environment (for which a permit is generally required) and activities without such an impact. MESD Order No. 1798/2007 on the approval

of

the

Procedure

for

the

issuance

of

the

environmental

authorization defines the activities deemed to have a significant impact on the environment by reference to their object of activity. Distinction between activities with a significant, reduced or insignificant impact on the environment made under the former regime continues to have relevance in connection with the procedures applicable during a project's construction phase.

5

International laws about environment

Team selfy20152017 Erasmus+

Different environmental permits are required for the construction and commissioning of activities with an impact on the environment. Other permits (e.g., water management permits) may be required depending on the location of an activity as opposed to water courses or the possible need to use or discharge waters in the normal course of the activity. Similarly, the discharge of certain greenhouse gases into the atmosphere may require the obtaining of yet another permit. Finally, a different document (i.e., the environmental permit) is required upon the transfer of certain activities having a significant impact on the environment. Overall, the environmental permitting regime is lengthy and burdensome. Added to that burden is the fact that not always the procedural rules for the issuance of the documents are straightforward.

Different permits are required for each of the two main stages of a project: the construction and the putting into commission. Main rules in the field are set out by the Government Emergency Ordinance No. 195/2005 on environment

protection

(the

Environmental

Protection

Law)

and

the

Government Emergency Ordinance No. 152/2005 on integrated pollution prevention and control. Secondary legislation approved by Government Decision and/or MESD orders further supplements the general rules in the field.

Water pollution The main rules on water protection are set out by the Environmental Protection Law and Law No. 107/1996 ጀ the Waters Law. Additional rules and regulations are included in secondary legislation in the field, including rules on the protection of water sources, obtaining water-related permits or complying with notification obligations, investigating the pollution of groundwater and remediation thereof, etc. The Waters Law provides the companies' obligation to secure certain water-related permits to the extent their activities may is related or may have a direct impact on waters. The following permits may be required: Water

management

permit(aviz

de

gospodarire

a

apelor)

is

a

document that needs to be obtained prior to the execution of construction works as part of new investment projects on or in connection with water supply.

6

International laws about environment

Team selfy20152017 Erasmus+

Water management authorization(autorizatie de gospodarire a apelor) is a document that needs to be obtained prior to the commissioning and exploitation of new projects erected on water or in connection with ground or underground water, shore line, etc. This document ensures the titleholder's rights such as to use the surface waters for drinking and industrial purposes, navigation, generating energy, etc. or to discharge used waters.

Where the law does not require the obtaining of a water management permit or authorization, entities have to notify their activities with the competent activity (i.e., the water management system within the relevant branch of "Romanian Waters" National Company) prior to commencing construction and commissioning works. Both the Environmental Protection Law and the Waters Law prohibit the introduction of polluting matter into waters, except when permitted by law (e.g., when the company holds a valid water management authorization and only within the limits set forth therein). The breach of the Environmental Protection Law and/or the Waters Law may result in the application of administrative fines up to RON 100,000 (approx. USD 43,500) per breach and/or of remediation measures imposed

by NEG. Criminal liability may also be established in certain cases (e.g., wilful discharge of waste or dangerous substances into waters, failure to comply with the restrictions or interdictions set for water protection). Finally, individuals

may

request

the

remediation

of

environmental

damages

incurred by them due to the companies' non-compliance with water regulations in court.

One of the main principles governing Romanian environmental law is the "polluter pays" principles. Furthermore, the Environmental Protection Law provides that generally, the polluters' liability is strict and joint, the latter when more than one polluter exists. Romania has recently transposed the Environmental

Liability

Directive

through

Government

Emergency

Ordinance No. 68/2007 on environmental liability with regard to the prevention

and

remedying

of

environmental

damage

(Environmental

Liability Law). This enactment provides for prevention and remediation measures in case of polluting incidents leading, amongst others, to water pollution.

Air pollution

7

International laws about environment

Team selfy20152017 Erasmus+

In addition to the general rules set by the Environmental Protection Law, the regulatory regime for air pollution is provided by the Government Emergency Ordinance No. 243/2000 on the atmosphere's protection.

Specific rules are further set out in specific areas, such as those concerning the emission of volatile organic compounds. The discharge of emissions into the atmosphere is permitted only with the observance of the applicable regulations, as well as the conditions set out in the relevant environmental approval

or

authorization.

Installations

generating

greenhouse

gas

emissions are required to obtain a special greenhouse gas emission permit.

The general rules on liability for environmental damages also apply in case of air pollution. As an application of the "polluter pays" principle, entities releasing certain polluting matters into the atmosphere are required to pay a special tax to the Environmental Fund. The administrative fines in this field may amount to up to RON 20,000 (approx. USD 8,700), and criminal penalties may also be applied for breaches similar to those related to water pollution.

Climate change Romania has transposed the Directive 2003/87/EC on the greenhouse emissions trading scheme and the Directive 2004/101/EC linking the EU emission trading scheme with the mechanisms set out by the Kyoto Protocol. The allocation plans for the periods 2005

ጀ 2007 and 2008

ጀ 2012

have been approved by the European Commission and the Romanian Government. However market players have only recently starter to show interest in the operation of the emission trading scheme. The operation of the emission trading scheme forms part of the wide set of measures adopted by Romania to fight climate change. Under the Kyoto Protocol, Romania undertook to reduce greenhouse gas emissions by 8% as compared with its 1989 levels by 2012. In addition to the emission trading scheme, Romania is active in the implementation of certain mechanisms adopted by the Kyoto Protocol (ratified by Romania by Law No. 3/2001). In particular,

Romania

has

successfully

completed

various

Joint

Implementation Projects.

Environmental impact assessments Government Decision No. 1213/2006 sets out the main rules on the

8

International laws about environment

Team selfy20152017 Erasmus+

performance of environmental impact assessments (EIAs) for certain projects. Generally, an EIA is necessary in case of projects considered to have harmful effects on one or several environmental factors. The categories of projects for which an EIA is always required are expressly set by law, e.g., heat plants and energy generating units having an installed power of at least 300 MW, integrated chemical installations, including oil refinery, etc. Similarly, the law provides the list of projects for which the need for an EIA is determined on a case by case basis

9

International laws about environment

Team selfy20152017 Erasmus+

The German environmental policy

STADTISCHES WERNER VON SIEMENS GYMNASIUM Munchen (Germany) The German environmental policy is based on three principles: the causative principle, the cooperative principle and the precautionary principle.

Those

principles

are

implemented

through

the

legislation,

public

environmental measures and private environment protection. The demands and achievements are referred to as ecopolitical measures.

The causative principle Tries to blame the causer for costs from prevention, from removal and from compensation of environmental burdens Ă aim: to achieve national economic, useful and gentle use of the environment Ecopolitcal

measures

(e.g.

environmental

tax),

environmental

regulations in the form of product or procedure standards and voluntary measures orientate themselves to this principle Also guideline in European Community

10

International laws about environment

Team selfy20152017 Erasmus+

Problems/disadvantages: Not possible to identify one causer à many environmental burdens are caused by interactions of several causers together Undesirable effects, e.g. disadvantageous effect on employment à high charges arise for companies The cooperative principle Focused on preferably mutual fruition of ecopolitical aims State

and

social

Ḁ昀漀爀挀攀猀∀

(citizens,

environmental

organizations,

churches, economy and science) shall play a part in the fruition à but within the scope of legal possibilities Expectation to increase environmentalism and approval and realization of the environmental law through involvement of society Problems/disadvantages: Different interests within the (social/public) groups à try to punctuate their interests with lobbyism The precautionary principle Demand, to arrange environmental measures, so that environmental threats can be avoided and natural foundations can be utilised à not only to avert threatening danger, but also to remove already existing damage Prevention of developments which could lead to environmental burdens à therewith it is a principle on the manhood's behalf Source: https://www.tu-berlin.de/fileadmin/f12/Downloads/koop/oekoaudit/kapitel1/L12_3.html

11

International laws about environment

Team selfy20152017 Erasmus+

The Turkey environmental policy

AKSEMSEDDIN BILIM VE SANAT MERKEZI Nigde/MERKEZ (Turkey) NAMIK KARAMANCI FEN LISESI Manavgat (Turkey) ( )( ) 2

ENVIRONMENT LAW 1 Law No : 2872

Ratification Date : 9/8/1983 Official Journal Published : Date: 11/8/1983 No: 18132 Code Published : Setting: 5 Volume: 22 Page 499 * ** For the annulled articles of this Law see "Annulled Articles of Some Laws in Force" Volume: 2 Page 1233

12

International laws about environment

Team selfy20152017 Erasmus+

* ** SECTION ONE Objective, Definitions and Principles Objective: Article 1 - The objective of this Law is to protect and improve the environment which is the common asset of all citizens; make better use of, and preserve land and natural resources in rural and urban areas; prevent water, land and air pollution; by preserving the country's vegetative and livestock

assets

arrangements

and

and

natural

precautions

and

historical

for

improving

richness, and

organize

securing

all

health,

civilization and life conditions of present and future generations in conformity with economical and social development objectives, and based on certain legal and technical principles.

Definitions: Article 2 - The definitions of the following terminology of this Law are; 1. a) "Environmental Protection": Entire efforts to protect ecological equilibrium, to prevent air, water, land pollution and degradation and improving the environment, 2. b) "Ecological Equilibrium": Entire conditions enabling individuals and other living beings to sustain their existence and developments, 3. c) "Environmental Pollution": Adverse developments occurred in air, water and land due to all kinds of human activities and, the undesired consequences occurred at the environment due to stink, noise and wastes emerged from destruction of the ecological equilibrium and similar activities, 4. d) "Polluting Party": Real and legal persons causing environmental pollution directly or indirectly due to their actions, 5. e) "Wastes": Harmful materials diffused or left in the environment as a result of any activity, 6. f) "Recipient Environment": Adjacent or remote environment where wastes are left.

13

International laws about environment

Team selfy20152017 Erasmus+

Principles: Article 3 - General principles regarding environmental protection and preventing environmental pollution are as follows: 1. a) Protecting the environment and preventing environmental pollution are the duties of the real and legal persons and citizens and they are obliged to obey the corresponding measures and specified principles.

2. b) In taking decisions and measures for environmental protection and pollution; short and long term assessments should be made by considering the protection of human and other living beings' health, the impact of those measures on development efforts and their cost efficiency.

3. c) Authorized agencies taking decisions on land and resource utilization and conducting project assessments should give care for not to cause negative impact on development efforts and aim the protection of environment and prevent pollution.

4. d) Most appropriate technologies and procedures on economical activities and production methods will be selected and implemented for preventing and limiting environmental issues.

5. e) (Amendment: 3/3/1988 - 3416/art.1) In principle, all the costs concerning the prevention, limiting and combatting pollution will be borne by the polluting party. All the necessary expenditures made by public institutions and agencies due to the polluting party's failure in taking necessary measures for preventing, eradicating and alleviating the pollution or due to direct action of the authorized public institutions and agencies for

taking

those

precautions

will

be

collected

from

the

polluting party under the provisions

of

the

Law

Regarding

the

Collection

of

Public

Receivables, No 6183.

However, the polluting party can refrain from these payments concerning prevention and limitation of the pollution by justifying that all precautions have already been taken for preventing the said pollution.

1. f) (Amendment: 3/3/1988 - 3416/art.1) The lowest possible pollution level will be determined and the fees indicated in Article 18, para (i) of this Law for pollution above this level will 14

International laws about environment

Team selfy20152017 Erasmus+

be further collected.

2. g) It is an essence for all precautions that will be taken for environmental protection and preventing pollution be determined and implemented in integrity.

SECTION TWO Central and Local Administrative Divisions and Their Functions Central Environmental Board Article 4 - (Annulled: 9/8/1991 - DEL3 - 443/art.43) Provincial Environmental Board Article 5 - (Annulled: 13/3/1990 - DEL - 409/art. 12) Article 6-7 (Annulled: 8/6/1984 - DEL - 222/art. 30) SECTION THREE Precautions and Prohibitions Regarding Environmental Protection Prohibition on Pollution Article 8 - It is prohibited to diffuse, directly and indirectly, all kinds of waste and scraps into recipient environment, store, transport, avert, and conduct

similar

activities

by

violating

the

standards

and

methods

determined by corresponding regulations, and causing damage to the environment.

In cases of a potential pollution, concerning authorities are responsible for preventing the pollution, and in cases of pollution occurrence, the polluting parties are responsible to prevent the pollution, eradicate its impact or take necessary precautions.

Environmental Protection Article 9 - (Amendment: 3/3/1988 - 3416/art.4)

15

International laws about environment

Team selfy20152017 Erasmus+

Protected areas that have been determined in conformity with land utilization resolution within the rural and urban areas, and the protection and utilization principles that will be implemented in these areas, are determined by a regulation.

Within the framework of these principles, overexploitation and misconduct; degradation of the country's fundamental ecological equilibrium, endangering livestock and vegetative varieties and destruction of the natural richness integrity due to importation of all kinds of wastes and scraps are prohibited.

The

Council

of

Ministers

is

authorized

to

declare

the

areas

vulnerable to environmental pollution and degradation that have country wide and world wide ecological importance, as "Special Environmental

Protection

Area"

enabling

the

necessary

arrangements for securing natural elegance for the access of future generations, and to specify which Ministry will be responsible for preparing

and

implementing

the

protection

and

utilization

principles, and plans and projects that will be implemented in these areas.

Concerning

Ministry

can

establish

provisional

organization

in

accordance to Article 17, para 2 (g) of Law No 3046 dated 27.9.1984 for accomplishing the implementation mentioned above para. Article 9 of Law No 3194 dated 3.5.1985 will not be applicable in preparing plans and projects for these areas.

Assessment of Environmental Impact Article 10 The institutions, agencies and establishments that can lead to environmental issues due to their planned activities will prepare an "Environmental Impact Assessment Report". In this report all impacts on the environment will be considered and the methods for eliminating the harmful impacts of wastes and scraps that may cause environmental pollution and the corresponding precautions will be specified.

16

International laws about environment

Team selfy20152017 Erasmus+

The issues concerning the type of projects that this "Environmental Impact Assessment Report" will be required, its contents and the endorsement authority will be specified in a regulation.

Operational License and notification obligation Article 11 All institutions, agencies and enterprises are obliged to establish waste treatment facilities or systems individually or collectively that are indicated in the legislation. Operational and utilization licenses will not be granted unless waste treatment facilities or systems are established.

Any institution, agency and enterprise that have operational license planning to make changes in its field of activity and plan to expand its facilities, should beforehand notify the highest public authority in the region This authority will immediately notify the Undersecretariat of Environment and the corresponding Ministry.

All institutions responsible for treatment, averting and eliminating harmful impacts of all kinds of wastes and scraps take necessary precautions to prevent possible harms to the environment during their operations.

Technical methods to be applied for diffusing wastes and scraps directly or indirectly into the recipient environment will be specified in the regulations by considering the features of the environment and the possibilities to benefit from that environment.

Inspection Article 12 (Amendment: 3/3/1988 - 3416/art.5) The

inspections

for

treatment,

averting,

eliminating

harmful

impacts and importation of wastes, scraps and fuels will be conducted

by

the

General

Directorate

of

Environment.

The

procedures and the qualifications of the inspectors will be specified in the regulation.

17

International laws about environment

Team selfy20152017 Erasmus+

The institutions and agencies should regularly determine and document all the information regarding the specifications and quantities of the fuel used and wastes and scraps extracted and report to the General Directorate of Environment.

Harmful Chemicals Article 13 Environmental principles will be taken into consideration for the importation, transportation, storing and utilization of the chemicals that have the imperishability features in air, water or land and degrade the ecological

equilibrium.

The

restrictions

regarding

importation,

transportation, storing and utilization of such materials will be specified in the regulation.

Noise Article 14 Generation of noise above the standards specified in the regulation that would destruct the tranquility and peace, physical and mental health of the individuals is prohibited. Necessary precautions will be taken to minimize noise in plants, workshops, business locations, recreation locations, service buildings, dwellings and transportation vehicles.

Cessation of Activities Article 15 The highest public authority in the region shall grant an adequate time, of which the principles be specified in the regulation, to the institutions, agencies and enterprises violating the prohibitions indicated in this Law or fail to fulfill the obligations specified in the Law, to modify the controversy activities and to fulfill the obligations.

No further penalty will be applied for violating the prohibitions and fail to fulfill the obligations during this period.

At the end of this period the activities of the institutions, agencies and enterprises that fail to accomplish these will be ceased for a period of time or indefinitely, partly or wholly depending to the nature and type of the obligation failed.

Cessation in Dangerous Cases

18

International laws about environment

Team selfy20152017 Erasmus+

Article 16 The Ministry of Health, by direct initiative, or after the requisition made by the Undersecretariat of Environment of the Prime Ministry can decide to cease temporarily the activities leading this pollution, partly or wholly and demand from the highest authority of the region to implement the decision.

These said activities can also be ceased by the highest authority of the region. This decision will immediately be reported to the Ministry of Health and to the Undersecretariat of Environment of the Prime Ministry.

SECTION FOUR Environmental Pollution Prevention Fund Establishment of the Fund and utilization Article 17 "Environmental Pollution Prevention Fund" has been established for preventing the environmental pollution and improving the environment.

Upto 45% of the expenditures for preventing the environmental pollution and improving the environment will be supported by the Environmental Pollution Prevention Fund with credits of maximum twenty years due.

The Revenues of the Fund Article 18 (Amendment: 3/3/1988 - 3416/art.6) 1. a) Amounts collected as one fifth of the technical inspection fee during each technical inspection of the vehicles, and one fourth of the vehicle procurement tax collected for one time; 2. b)

Hundred

Liras

(hundredandfiftyliras)

per

gross

tons

collected every year from all types of sea vessels above 18 (included) gross tons that are registered in the vessel registry in accordance to Turkish Commercial Code(*), 3. c) 5 % of the domestic ticket fare of air transportation and five hundred liras (sevenhundredandfifty liras) per tons annually for airfreight(*), 4. d) Amounts allocated in the budget of the General Directorate of Environment for this purpose,

19

International laws about environment

Team selfy20152017 Erasmus+

5. e) Interest acquired from credits granted from the Fund and from bank interests, 6. f) Donations and relieves, 7. g) Participation shares, indemnities and other incomes that have been specified to be collected in this Law, 8. h) Incomes from the sale of tools and equipments produced by the facilities owned by the Fund, 9. i) The following participation shares to be collected from the enterprises that have been determined as pollution generator by the Central Environmental Board,

Enterprises causing

Monthly participation fee

Environmental pollution

Grade I

Grade II

Gra

–––––––––––––––––

––––––

–––––––

––––

Group 1

600 000TL

400 000TL

200

Group 2

400 000TL

200 000TL

100

Group 3

200 000TL

100 000TL

50

Group 4

100 000TL

50 000TL

25

Group 5

50 000TL

25 000TL

12

1. j) Fines applied in accordance to this Law.

20

International laws about environment

Team selfy20152017 Erasmus+

The Council of Ministers is authorized to increase the monthly participation fees indicated in this tariff for each group and/or grade individually or collectively upto by 10 times or lower down to the amounts indicated in the Law, furthermore to lower fixed and relative rates other than indicated in para (i) of this article down to zero (0) or to increase upto 50%.

The revenues of the Fund will be consolidated in an account opened in a state bank.

The revenues collected in accordance to paras (a), (b), (c) should be deposited by the responsible officers to the Fund's account in the state bank latest by 15th day of the following month. The Fund Administration will request from the tax office of which the Fund payer are registered to apply the Law Regarding the Collection of Public Receivables, No 6183 to the ones that fail to deposit the collected revenues and participation fees in time. The Ministry of Finance and Customs will determine the agency which will collect the amounts from the parties that are not registered in a tax office.

The tax office transfers the collected amounts concerning the fund to the Fund's account in the state bank in accordance to the principles determined by the Ministry of Finance and Customs.

In metropolitan areas the participation fees in accordance to para (i) of this Law will be collected by the metropolitan municipalities against a receipt and will be deposited into the highest excise department of the location. In other locations the highest public authority is authorized to collect these participation fees. These participation fees will be collected by the excise department in accordance to Law Regarding the Collection of Public Recievables, No 6183.

21

International laws about environment

Team selfy20152017 Erasmus+

30% of the participation fees collected by the highest public authority and by the metropolitan municipalities will be transferred to

the

Provincial

Administration

where

collection

has

been

accomplished or to the collecting metropolitan municipalities to be used for meeting the collection expenditures and for the projects regarding environmental protection in the region, 70 % will be transferred to the Environmental Pollution Prevention Fund latest by 15th day of the month following the collection.

Corresponding institutions that fail to accomplish this in time will pay additional 10%. Legal actions will be taken for individuals causing delay.

The fund administration and the Fund itself are exempted from corporation tax; from death duties due to donations and relives; from

stamp

duty

due

to

all

transactions;

and

interests

are

exempted from banking and insurance transaction taxes.

Utilization of the Fund Article 19- The Environmental Pollution Prevention Fund is used through the Undersecretariat of Environment of the Prime Ministry.

The payment authority of the Fund is the State Minister of whom the Undersecretariat of Environment is attached.

The expenditures that will be made from this Fund are not subject to the General Accountancy Law, No 1050 and Competitive Bidding Law No 2490.

The documents regarding the revenues and expenditures of the Fund will be submitted to the Court of Accounts within three months following the termination of the budget year.

Fund will only be used for the following purposes: 1. a) Research activities on preventing environmental pollution 2. b) Environmental cleansing 3. c) Training activities preventive to environmental pollution 4. d) Staff training 5. e) Procurement of technology and project

22

International laws about environment

Team selfy20152017 Erasmus+

6. f) Organizing project competitions 7. g) Credit assistance to real and legal persons constructing purification facilities 8. h) (Amendment 3/3/1988 - 416/art. 7) Procurement of all kinds of

vehicles

and

equipments

for

environmental

pollution

prevention and improving environment, facilities and sites for the maintenance, repair and manufacturing of these vehicles and equipments, 9. i) Afforestation, 10. j) Activities for the rehabilitation of livestock and plant races The matters and principles concerning the collection, depositing into a determined state bank, utilization of the Fund revenues will be specified in the regulation by having the consideration of the Ministry of Finance.

SECTION FIVE Penal Provisions Administrative Fines Article 20 - Real persons who violate: 1. a) (Amendment: 4/6 1986 - 3301/art. 2) prohibition indicated in article 8 para one will be fined with 100 thousand liras; the obligations in para two inspite of the appropriate notification made by the corresponding authorities will be fined with 500 thousand liras.

1. b) (Amendment: 4/6 1986 - 3301/art. 2) prohibition indicated in article 9 para 2 by actions against protection and utilization principles shown in the regulation will be fined with 100 thousand liras.

2. c) (Amendment: 4/6 1986 - 3301/art. 2) prohibition indicated article 13 by actions against the restrictions shown in the regulation will be fined with 1 million liras.

3. d) (Amendment: 4/6 1986 - 3301/art. 2) article 14 and fail to take precautions will be fined with 50 thousand liras.

If above actions are taken by the agencies and enterprises; the penalties indicated in this article will be tripled for agencies and enterprises, and

23

International laws about environment

Team selfy20152017 Erasmus+

applied five times more for agencies and enterprises having balance sheet accountancy in accordance to article 182 of the Tax Procedures Law, No 213.

Administrative fines for Agencies and Enterprises Article 21 - Agencies and enterprises that fail to accomplish: 1. a) (Amendment: 4/6 1986 - 3301/art. 3) the obligations indicated in article 11 para one will be fined with 1 million liras; the precautions indicated in para three of the same article will be fined with 500 thousand liras.

2. b) (Amendment: 4/6 1986 - 3301/art. 3) the obligations of notification indicated in para two of article 11 will be fined with 300 thousand liras.

3. c) (Amendment: 4/6 1986 - 3301/art. 3) the obligations indicated in para two of article 12 will be fined with 500 thousand liras.

If above actions are taken by the agencies and enterprises having balance sheet accountancy in accordance to article 182 of the Tax Procedures Law, No 213, these fines will be tripled.

Fines to be Applied for Vessels Article 22 - All vessels and sea transportation instruments that violate the prohibitions indicated in para one of article 8 of this Law operating in all our coasts and inner seas of Marmara, Bosphorus and Dardanelles, ports and bays, natural and artificial lakes and rivers: 1. a) (Amendment: 4/6 1986 - 3301/art. 4) Tankers upto 1000 (included) gross tons discharging ballast will be fined with 5 million liras, tankers between 1000-5000 (included) gross tons will be fined with 10 million liras and tankers above 5000 gross tons will be fined with 50 million liras.

2. b) (Amendment: 4/6/1986 - 3301/art. 4) All vessels including tankers between 18 (included) and 1000 (included) gross tons which discharge all kinds of wastes and scraps and discharge bilge will be fined with 5 million liras and tankers above 1000 gross tons will be fined with 10 million liras.

3. c) (Amendment: 4/6/1986 - 3301/art. 4) All kinds of sea transport instruments upto 18 (excluded) gross tons that do not match with the

24

International laws about environment

Team selfy20152017 Erasmus+

vessel and vessel definition which pollute sea or discharge bilge (excluding exhaust-pipe pollution of the crafts having two-stroke, rear mounted engine operating with gasoline-oil combination) will be fined with 300 thousand liras.

Recurrence of the actions Article 23 - If actions indicated in articles 20, 21 and 22 recur, the fines will applied in double.

Authority in administrative fines Article 24 - (Amendment: 4/6/1986 - 3301/art. 5) Fines indicated in above articles will be directly applied by the highest authority of the location. These fines will be collected by the excise office in accordance to the Law Regarding the Collection of Public Recievables, No 6183. However, for the fines indicated in article 22: 1. a) In our coasts, in the Straits and in ports and bays, in lakes and rivers that are within the boundaries of metropolitan municipalities, the fines will be applied by the metropolitan municipalities. All vessels and other sea transportation instruments that do not pay the fine immediately and all in once and do not provide warranties and bails will be ceased from operation.

If fines are not paid then it will be collected under the Law Regarding the Collection of Public Receivables, No 6183.

The fines applied by the metropolitan municipalities will be collected against a receipt and will be deposited to the highest excise office in the location.

20% of them will be transferred to the metropolitan municipality and 80% to the Environmental Pollution Prevention Fund. Upto 50% of the amount transferred to the Environmental Pollution Prevention Fund will be used for environmental rehabilitation activities suggested by the Ministry of Health.

1. b) In seas outside the boundaries of the metropolitan municipalities the fines will be applied directly by the coast guard boat commander. The vessels and other sea transport instruments that do not pay the fine immediately and all in once will be taken to the nearest port and handed over to the public prosecutor and provisions in para (a) will be

25

International laws about environment

Team selfy20152017 Erasmus+

applied for these vessels.

Necessary proceedings will be recorded for sea instruments that are not self propelled and the nearest coastal provincial or district public prosecutor will be advised.

1. c) The penalty rights of the public authorities for the pollution occurred outside the boundaries of the metropolitan municipalities and pollution occurred in sea, ports, all lakes and rivers are reserved. They perform the necessary inspection in conformity with above principles.

Fines collected against receipts will be deposited to the highest excise office of the location.

The determination of the offense, the procedures of fine application and the forms, distribution and controlling of the receipts to be used in fine collection will be specified by the regulations.

Appeal in Administrative Fines Article

25

-

Appeal

application

can

be

made

to

the

competent

administrative court against administrative fines latest within seven days following the official fine notification.

Appeal will not cease the implementation of the fines.

Unless deemed necessary, appeal application will be resolved in the shortest time possible by performing examination on the documents.

Fines after the appeal application will be the final.

Penalties by the court Article 26 - Parties who arrange misleading documents while performing documentation obligations indicated in article 12 will be imprisoned from one to three years, unless the action is subject to a more heavy punishment.

Parties who provide wrong and misleading information to the authorities while performing the obligations indicated in article 12 will be imprisoned from six months to two years.

26

International laws about environment

Team selfy20152017 Erasmus+

Penalties indicated in other laws Article 27 - The fines in administrative nature to be applied by this Law will not impede the application of penalties for these actions indicated in other laws SECTION SIX Miscellaneous Provisions Responsibility of the polluting party Article 28 - (Amendment: 3/3/1988 - 3416/art. 8) Parties polluting the environment and parties causing environmental destruction will be held responsible from pollution and degradation regardless of the existence of any misconduct.

Indemnity responsibility of the polluting party due to the damage caused is reserved in conformity with general provisions.

Incentives Article 29 - The activities regarding the prevention and eradication of pollution will benefit from the encouragement measures. New principles will be included into the encouragement system which are determined at the beginning of each year by taking the considerations of the Undersecretariat of Environment of the Prime Ministry.

The principles of the encouragement measures will be determined by the regulation. Real and legal persons whose actions lead to the fines indicated in this Law can not benefit from the encouragement measures indicated in this Article and the encouragement measures which have been previously applied to them will be halted unless they accomplish their obligations within the granted period.

Application to administrative bodies Article 30 - Real and legal persons who are confronted with injury due to any activity causing environmental pollution or degradation or have any acknowledge on such activities can apply to the administrative bodies and

27

International laws about environment

Team selfy20152017 Erasmus+

demand cessation of that activity.

Regulations Article 31 - (Amendment: 3/3/1988 - 3416/art. 9) The regulations to be issued concerning the implementation of this Law will be prepared by the General Directorate of Environment by taking the considerations of the corresponding ministries. Regulations will be put into force by publishment in the official journal latest within five months following the enforcement of the Law. Non-applicable Provisions Article 32 - (Amendment: 3/3/1988 - 3416/art. 10) The penalty provisions that are in force due to articles 4 and 11 of the Ports Law, No 618, and provisional article 1 of Water Products Law, amended by Law No 3288 concerning the prevention of sea pollution, will not be implemented following the publication of the regulations that will be put into force in accordance to this Law. Supplementary Article 1 - (The supplementary provision from 4/6/1986/art. 6 that has been numbered for sequencing) The Council of Ministers is authorized to increase the fund participation shares indicated in the paras (a), (b), (c) and (d) of the article 18 of this Law and the fine amounts indicated in the articles 20, 21 and 22 by upto 10 times.

Provisional Article 1 - (The unnumbered provisional article of Law No 2872 that has been numbered for sequencing).

The vessels and other sea transportation instruments will be fined for sea pollution in accordance to Ports Law No 618 until the regulations indicated in this Law are in force.

Provisional Article 2 - (Supplementary: 3/3/1988 - 3416/art. 11)

28

International laws about environment

Team selfy20152017 Erasmus+

The importation of all kinds of fuels, wastes, scraps and chemicals will be subject to the State Minister's approval until the corresponding regulations indicated in the articles 12 and 13 of this Law are in force.

Enforcement Article 33 - This Law will be in force at the date of publication.

Implementation Article 34 - The provisions of this Law will be implemented by the Council of Ministers. * ** PROVISIONAL ARTICLES THAT CAN NOT BE INCLUDED INTO THE MAIN LAW NO 2872 DATED 9/8/1983 1- The Provisional Article of the Law No 3416 Dated 3/3/1988 Provisional Article 1 - The amount to be paid to the Fund in accordance to para (b) of the article 18 of the Environmental Law No 2872 amended by article 6 of this Law, will be collected from ten liras in 1986.

LIST INDICATING THE PROVISIONS ANNULLED BY THE LEGISLATION AMENDING AND SUPPLEMENTING LAW NO 2872

Annulling Legislation

Laws or Provisions Annulled

Date

No

29

International laws about environment

Team selfy20152017 Erasmus+

Article 4, 5, 6, 7 of the Law No 2872 And adverse provisions of other laws

8/6/1984

DEL-222

Article 5 of the Law No 2872

13/3/1990

DEL-409

Article 4 of the Law No 2872

9/8/1991

DEL-443

To this DEL

LIST INDICATING THE ENFORCEMENT DATES OF THE LEGISLATION AMENDING AND SUPPLEMENTING LAW NO 2872

Law No DEL-222 3301 3362 3416 DEL-409 DEL-443

Articles enforced in different dates ––– ––– ––– ––– ––– –––

Enforcement Date 18/6/1984 19/6/1986 26/5/1987 11/3/1988 10/4/1990 21/8/1991

1 Article 25 of Government Decree Enforceable as Law dated 19/10/1989, No. 383 puts the authorities granted to the Undersecretariat of Environment with this law under Special Environmental Protection Institution.

30

International laws about environment

Team selfy20152017 Erasmus+

2 The wordings of "Undersecretariat of Environment" and "The State Ministry Responsible from Environment" which are stated in Government Decree Enforceable as Law dated 9/8/1991, No. 443 and in various legislation have been amended as "The Ministry of Environment", "The State Minister Responsible from Environment", and the wording "Undersecretary of Environment" have been amended as "The Minister of Environment".

3. 3. [Translator's Note: DEL is "Decree Enforceable as Law"]

31

International laws about environment

Team selfy20152017 Erasmus+

The Greecy environmental policy

1° GENIKO LYKEIO PALLINIS "PIERRE DE COUBERTIN" Pallini (Greece) THE CONSTITUTIONAL PROTECTION OF THE ENVIRONMENT Legal nature and validity of Article 24.1 Pursuant to Article 24.1 of the Constitution, the protection of the natural and cultural environment constitutes a duty of the State and a right of every person. The State is bound to adopt special preventive or repressive measures for the preservation of the environment in the context of the principle of sustainable development. Article 24 is included in the section of the Constitution regarding individual and social rights. According to the wording thereof, the protection of the environment constitutes an obligation of the State on the one hand and a right of every person on the other.

Moreover, it is explicitly stipulated that for the preservation of the environment the State is obliged to adopt special preventive or repressive measures.

Obligation and right. A far as the obligation of the State is concerned there is no question, since this is stipulated explicitly and is sufficiently analyzed in both theory and case law. The question that came up before the 2001 revision was to what extent this State obligation may give birth,

32

International laws about environment

Team selfy20152017 Erasmus+

reflectively, to a respective constitutional right: the right to environment.

Constitutional right. The legal obligation is understood as a negative aspect of the right, since its main reason of existence consists in guaranteeing the beneficiary's rights. In any case, there is now no question of interpretation, since with the 2001 revision, environmental protection is hereinafter defined as everybody's right. The right to environment is a constitutional right, since its existence and exercise are guaranteed by a constitutional provision, which binds all three constitutionally entrenched powers. It is a right governed by public law, i.e. the exercise of this right creates a legal tie in the field of State action, which is characterized by the exercise of public authority and is governed by public law rules.

The protection of the environment after the revision of the Constitution in 2001 With the revision of the Constitution in 2001, the protection of the environment was explicitly characterized not simply as an obligation of the State, but also as everyone's right. The right to environment is understood as the right to a healthy and ecologically balanced environment. In case law, this is sometimes characterized as a social right regarding the use of the natural environment (Council of State 3146/86 Plenary).

THE RIGHT TO ENVIRONMENT 1. Content of the right The right to environment is the right to a healthy and ecologically balanced environment. This right accompanies the respective obligation of the State and is provided for explicitly in article 24.1, following a relevant addition by means of the 2001 revision of the Constitution. In case law, it is sometimes characterized as "a social right to use the natural environment" (Council of State 3146/86 Plenary, 4617/86).

The right to environment on the one hand protects human health and quality of life, while on the other hand it also protects the environmental elements per se. It is accepted that the natural environment has been elevated to an originally protected right, in order to guarantee the preservation and

33

International laws about environment

Team selfy20152017 Erasmus+

conservation of the country's ecological balance and to safeguard its natural resources, also for the benefit of future generations. (Council of State 2537/96 Plenary, 3396/10).

b) Characteristics and force of the right The elements which make up the concept of the right to environment on the one hand concern an assurance of the natural bases of life, without which life would be threatened, and quality of life, i.e. the development of human abilities in the interest of the individual and society, as a legal right of people and an autonomous value.

The right to environment can be determined as a person's right to create, preserve and conserve, and restitute those conditions, which can guarantee life, health, quality of life ­ natural, moral, spiritual and social ­, and the environment itself as a directly protected legal right.

The content of the right to environment is complex: this right is first of all a personal right in the sense that it protects life and health, which are par excellence personal rights. In the sense that the environment belongs to everybody and is a common good, it is also a collective right.

The right to environment comes under the third generation of rights and expresses the collective interest in environmental protection, which is identified neither with the personal rights of individuals, these being besides competitive with one another par excellence, nor with the concept of general interest, which aims to an arbitration of these personal interests and is the foundation of the State regulatory action. Finally, it is also a right of solidarity, since it protects a good that takes future generations into account as well, by creating such conditions of life in the present that will allow for the survival and evolution of mankind.

Finally, we must point out that the right to environment, determined as a man's right to a healthy and ecologically balanced environment has a variable content, which requires of course different perceptions on the economy, different targets in terms of physical planning and perhaps the

34

International laws about environment

Team selfy20152017 Erasmus+

renunciation of activities and technologies that consume too much energy and space.

c) The right to environment as an individual right The function of individual rights has a negative character, a defensive one, which sets limits to the action of State authority and aims to create a "State intervention­free" sphere. Their negative content consists in the individuals' claim against the State regarding non­intervention in this sphere of freedom. Should the State violate its obligation of abstention and non­intervention, the individual affected may seek restitution through legal remedies.

In this respect, the right to environment means: 1. An obligation of the State not to infringe upon, whether directly or indirectly, the persons' environment through activities or decisions taken in the context of public In this respect, this means that the obligation of the State is a negative one, according to which it must not intervene in regulations that run contrary to the provisions of article 24.1 of the 1975 Constitution and in the event of such regulations already existing, to refuse to implement them, considering them anti­constitutional.

The obligation to refrain from any act that is harmful to the environment aims for the latter to constitute a field which will foster the free development of one's personality in a healthy, high­quality environment.

24. An

obligation

regarding

the

establishment

of

legislative

and

administrative regulations on environmental In view of the lack of such regulations, which are consistent with the protection provided for under article 24.1, the Administration has the obligation to implement the provisions of the Constitution directly.

The legal force of the right to environment, as an individual right, is imperative, i.e. it establishes a rule of law which is put into effect directly and such rule produces legal results on its own, i.e. without requiring the issuance of a relevant law. Therefore, every person affected by an

35

International laws about environment

Team selfy20152017 Erasmus+

administrative act in terms of his legal right, i.e. his environment, may seek judicial protection, on the direct basis of the constitutional provision of article 24.1 and request the annulment of the act, which has a negative impact and is harmful to the environment and/or seek damages for the harm sustained. This means that the defensive protection provided by the right to environment, as an individual right, is full and indisputable, compatible with all elements required by a public law right.

d) The right to environment as a social right Social rights fall within the category of positive rights. They have a positive content, i.e. their bodies demand certain provisions from the State. These are legalized demands expressed by their bodies to guarantee the desired interventions on behalf of the State in order to actually activate their freedom. Their content is a combination of the civil and social perceptions of those exercising authority and their value consists in the fact that they re­define freedom, granting it its substantial content, while at the same time they enlarge the abilities of the power and humanize the right to property.

Social rights include all rights linked with the social substance of the individual, collective rights, exercised by one person as a member of a social group or a community and claimed as a social person, as a socially determined existence integrated in a social group. The characteristic elements of social rights advocate strongly in favor of characterizing the right to environment as a social right.

In a decision of the Suspension Commission of Council of State it became accepted that the protection of forests and wooded areas, which is established by the Constitution, "is hereinafter reduced to a social right".

e) The right to environment as a civil right Civil rights result from the active status of a person and are rights regarding

36

International laws about environment

Team selfy20152017 Erasmus+

the participation of individuals in the exercise of State authority. The participation rights par excellence, both in terms of individuals and groups, are collective rights. These rights guarantee the ability of an autonomous collective action, aiming to defend interests, as well as the ability to receive provisions, thereby implementing the participation of individuals, as members

of

society,

in

the

goods

of

social

production

and

in

decision­making processes regarding such goods. In the Constitution, articles 25.1 and 5.1 act as legalizing grounds for such participation. The right to environment as a right of individuals to participate in environmental protection

is

perceived

in

its

broadest

sense:

participation

in

decision­making processes concerning rational management, preservation, improvement and restoration of the environment; it concerns both advisory and

decision­making

responsibilities

in

the

field

of

environmental

policy­making.

f) The right to information The first thing about the right to participate in environmental protection is the right to information that individuals have vis­à­vis the Administration with respect to all issues concerning their environment. The obligation of the Administration to provide information includes making public all regulations and measures that concern the environment directly or indirectly, as well as providing the ability to have free access to the relevant public documents, texts and drafts on environmental policy. Finally, the obligation to provide information should also include a justification of decisions about the environment, which must only be based upon data published.

g)

The

participation

in

decision­making The second thing about the notion of participation is also its main element and concerns participation in a strict sense, i.e. the participation of individuals or groups of individuals or associations with the task of protecting

the

environment,

in

the

administrative

decision­making

processes, which end up either in the issuance of administrative acts

37

International laws about environment

Team selfy20152017 Erasmus+

regulating environmental policy issues or in the submission of bills on the environment to be voted in Parliament. Such participation can be accomplished: a) at the stage of preparatory works and preparatory drafting of the regulations in the form of cooperation between the competent State bodies and individuals or groups, to which these regulations are of interest, or which are representative of the specific issue to be tackled. An example of this form of participation is the participation of citizens interested in shaping the general city­planning (Law 1337/83, article 3), b) through the participation of individuals or groups of individuals in shaping the regulations themselves. A first step in this area is to recognize the ability to participate solely with advisory responsibilities.

h)

The

ability

to

resort

to

remedies Finally, the participation of individuals is only completed with the existence of judicial means consolidating their right to information and participation, and to environmental protection in general. The ability precisely to use remedies for environmental protection is a means of participating therein.

The right to information on environmental issues is regulated in particular by amended EU directive 90/313, which has been transposed in the Greek law by means of Joint Ministerial Decision 77921/1440/1995 (Government Gazette 70 B). The right to participate in decision­making and to free access to environmental information as well as to justice is also stipulated in the Aarhus Convention, which was signed on 25.6.1998.

NATURAL ENVIRONMENT What are the basic law rules on the protection of the natural environment?

The core rules of the environmental protection are grouped in Article 24 of the Constitution, which entrenches the environmental protection in its three aspects: the natural, the residential and the cultural one. According to this: ÂŤThe protection of the natural and cultural environment constitutes a duty of the State and a right to every person. The State is bound to adopt special

38

International laws about environment

Team selfy20152017 Erasmus+

preventive or repressive measures for the preservation of the environment in the context of the principle of sustainable development». In this article, we also come across specific references to the protection of forests, residential environment and monuments. The provisions of the article establish the fundamental principles of the environmental protection; they mainly refer to the principle of sustainable development (in conjunction with article 106 of the Constitution), the prevention principle, the precautionary principle and the principle that "the polluter pays"3.

There are two basic pieces of legislation specifying these constitutional rules: law 1650/1986 on the protection of the natural environment and law 998/1979 on the protection of forests and forest expanses. These laws, which constitute the backbone of the legislation on the protection of the natural environment, have been consecutively modified until the present day. Furthermore, it is worth noting that, during 2011 a series of laws were enacted regarding the environmental protection which aim to illustrate the legal framework and, therefore, facilitate possible investments. In concrete terms, we refer to law 3937/2011 on the protection of biodiversity and NATURA 2000 network areas law 3982/2011 on the establishment and development of Business Parks, law 3983/2011on the protection and management

of

the

marine

environment,

law

3986/2011

on

the

management of public property and law 4014/2011 on the environmental licensing of projects and activities. These followed law 3894/2010 on the acceleration and transparency regarding the realization of «Strategic Investments», as it was supplemented by law 4072/2012. It is, finally, stated that the approval of the general and some specific regional planning frameworks has significantly increased legal certainty in this specific area : We refer to the «General Context of Regional Planning and Sustainable Development» (Gov. 128/A/03.07.08), the «Specific Context of Regional Planning and Sustainable Development for Renewable Energy Resources» (Gov. 246/B/03.12.08), the «Specific Context of Regional Planning and Sustainable Development for the Industry» (Gov. 151/AAP/13.04.09) as well as the «Specific Context of Regional Planning and Sustainable Development for Tourism» (Gov. 1138/B/2009).

Last, it should be noted that all the aforementioned national laws are supplemented by respective laws of the European Union for the protection of the environment, which are indeed superior to those of national

39

International laws about environment

Team selfy20152017 Erasmus+

legislation.

AIR POLLUTION How is "air pollution" defined under Greek Environmental law?

The definition of air pollution is given by article 1 (a) of the Geneva Convention

on

Long­Range

pollution is defined as

᠀琀栀攀

Transboundary

Pollution.

Accordingly,

᠀愀椀爀

introduction by man, directly or indirectly, of

substances or energy into the air, resulting in deleterious effects of such a nature as to endanger human health, harm living resources and ecosystems and material property, and impair or interfere with amenities and other legitimate uses of the environment.' Chief sources of air pollution are transportation, power generation, process industry and other production activities.

What are the general measures by which air pollution control is attempted?

The main provisions regulating air pollution control are to be found in Environmental Protection Act 1986 (EPA), under art. 7 and 8. In general, the measures adopted for the abatement of air pollution include: prior authorization of pollution­causing activities, definition of emission standards, zoning and regulation of fixed and movable pollution Depending on the kind of activity, special regulations exist.

Law 1327/1983 regulates preconditions and competent authorities for the issuing of contingency plans tackling atmospheric pollution according to pollution sources and provides for designation of areas as degraded environment areas in cases of major emergencies, unusual deterioration of environmental quality or necessity for the protection of human health.

What are the criteria by which specific measures for the protection of the atmosphere are laid down?

Restrictions and measures by project category and areas affected are imposed on existing and new projects and activities as defined in Article 3 of

40

International laws about environment

Team selfy20152017 Erasmus+

the Environmental Protection Act 1986 and on any other activities which may cause air quality degradation. These restrictions and measures vary according to the kind and size of the project or activity, their importance to the national economy, and whether they are regulating new projects or activities.

FOREST PROTECTION AND MANAGEMENT What are the basic regulations regarding the protection of forests and forest expanses?

The Constitution explicitly enshrines the protection of forests and forest expanses. In particular, article 24 par. 1 provides: «Matters pertaining to the protection of forests and forest expanses in general shall be regulated by law. The compilation of a forest registry constitutes an obligation of the State. Alteration of the use of forests and forest expanses is prohibited except where agricultural development or other uses imposed for the public interest prevail for the benefit of the national economy. Furthermore, article 117 par. 3 and 4 provide: «3. Public or private forests or forest expanses which have been destroyed or are being destroyed by fire or have otherwise been deed or are being deforested , shall not thereby relinquish their

previous

designation

and

shall

compulsorily

be

proclaimed

reforestable, the possibility of their disposal for other uses being excluded.

4. The expropriation of forests and forest expanses owned by individuals or by private or public law legal persons shall be permitted only in cases benefiting the State, in accordance with the provisions of article 17, for reasons of public utility; But their designation as forests shall not be altered».

41

International laws about environment

Team selfy20152017 Erasmus+

The above constitutional provisions guarantee a high level of protection of forests and forest expanses. The alteration of the forest nature of these expanses is practically infeasible, whether they constitute public or private property, except in extremely borderline cases where the public interest imposes such an alteration. In these cases, a critical issue is raised concerning the identification of the areas later designated as «forests» or «forest expanses». This issue is directly clarified via the mere Constitutional text which, following the Constitutional Revision of 2001, includes this identification in the form of an interpretative clause which accompanies article 24. According to this: «By forest or forest ecosystem is meant the organic whole of wild plants with woody trunk on the necessary area of ground which, together with the flora and fauna coexisting there, constitute, by means of their mutual interdependence

and

interaction,

a

particular

biocoenosis

(forest

biocoenosis) and a particular natural environment (forest derived). A forest expanse exists when the wild woody vegetation, either high or shrubbery, is sparse».

The

legal

framework

concerning

forests

and

forest

expanses

is

complemented by the provisions of law 998/1979, as applicable after a series of amendments. These provisions specify the afore­mentioned constitutional definitions, establishing at the same time specific regulations on the protection of forests and forest expanses. These regulations are framed by the Decree Law 86/1969 («Forestry Code») some of its provisions continue to be applicable. It is noteworthy that, in Greece, there is not yet an integrated Forest Registry which is a fact that results in increased uncertainty and insecurity on the forest nature of the areas outside urban planning.

SEA & COASTAL POLLUTION In what way are the sea and coastal areas protected?

Greece is privileged with a coastline, the total length of which extends approximately to 17.000 kilometers. This coastline covers, almost half of the total coastline of the Mediterranean. The marine Mediterranean habitats as well as the rarely found biodiversity hosted by the coastal areas and the numerous islands constitute the greater natural wealth sources of the

42

International laws about environment

Team selfy20152017 Erasmus+

country, which probably award leadership of the country, regarding this area, in a global perspective. It is, therefore, clear that the effective protection of the sea and coastal areas is listed as one of the major challenges for ensuring the sustainable development of the country.

The legal framework for the protection of the sea and coastal areas is, primarily, based on the article 24 of the Constitution which constitutes the backbone of the legal protection of the natural environment. According to this: «The protection of the natural and cultural environment constitutes a duty of the State and a right to every person. The State is bound to adopt special preventive or repressive measures for the preservation of the environment in the context of the principle of sustainable development».

The provisions of the article establish the fundamental principles of the environmental protection; They mainly refer to the principle of sustainable development (in conjunction with the article 106 of the Constitution), the prevention principle, the precautionary principle and the principle that "the polluter pays".

Furthermore, the constitutional protection of the natural environment of the insular regions is complemented by the provisions of the articles 101 and 106 par. 1 of the Constitution. The combination of these provisions with the article 24 of the Constitution results in the principle of sustainable development of insular regions, which constitutes a more specific aspect of the

general

particularities

principle

of

characterizing

sustainable the

insular

development. regions

However,

generally

confer

the a

stand­alone content to this principle. Hence, there forms a grid of constitutional rules, the combination of which structures the regulatory content of the principle of sustainable development of insular regions.

The aforementioned constitutional provisions are particularized through the law 1650/1986 on the protection of the natural environment and, regarding the protection of sea and coastal areas, the law 2971/2001 for the foreshore and beach and, more recently, the law 3983/2011 («National Strategy for the protection and management of the marine environment»).

WATER ­ PROTECTION AND MANAGEMENT Legal framework for water protection and management in Greece In fulfillment of Directive 2000/60/EC of the European Parliament and of the

43

International laws about environment

Team selfy20152017 Erasmus+

EU Council, Greece adopted Law 3199/2003 and Presidential Decree 51/2007 concerning the protection and management of surface waters and ground water. The latter provide for the separation of Greece into river basin districts and the drafting and issuing of river basin management plans which shall be revised and updated every six years. Management plans shall include programs of measures and monitoring of the water status.

Greece has been separated into 14 river basin districts.

According to L. 3199/2003, water uses include: water supply, irrigation, industry, energy and leisure.

In addition, L. 3199/2003 provides for the issue of permits, which cover the use of water resources and the execution of works concerning the exploitation of water resources (hereunder "water works"). Permits are required in all cases concerning water supply, use of water, water works, and works or activities for the protection of water from pollution caused by discharge of liquid waste into the environment.

Permits may be granted to any legal or natural person for the satisfaction of their real needs. Water works may also be undertaken for the satisfaction of third parties' needs, as long as general interest is served. Permits are granted based on the respective river basin management plans, and the programs of measures, which give substance to the provisions of such management plans. In order for the permits to be granted, the availability of the quantity of water to be used and the purpose of the use of water should be established.

Waste Solid, Urban Wastewater, Toxics, Clinical and Hazardous Waste, Waste Management, Recycling Which is the existing legal framework for waste management?

The

new

framework

Law

4042/2012

(GG

Α΄

24/2012)

on

waste

management, transposes the Waste Framework Directive 98/2008/EC and the Directive 99/2008/EC. Articles 2 to 9 harmonize the national law with the provisions of Directive 2008/99/EC concerning the protection of the environment through criminal law and foresee sanctions for cases causing or likely to cause pollution or degradation of the environment. Articles 10 to 48 of Law 4042/2012 harmonize national law with the provisions of Directive

44

International laws about environment

Team selfy20152017 Erasmus+

2008/98/EC concerning waste and the repealing of certain Directives. The mentioned Articles establish measures to protect the environment and human health by preventing or reducing the adverse impacts of waste production and waste management and reducing the overall impact of the use of resources. The adoption of Law 4042/2012, combined with Law 3854/2010 (GG A' 94/2010), relating to alternative management of specific waste streams, provides a comprehensive legal framework for waste management. Further, the existing legal framework is based on the Joint Ministerial Decision (JMD) 50910/2727/2003 (GG B' 1909/2003) "Measures and Conditions for Solid Waste Management ­ National and Regional Planning Management in compliance with the provisions of the Directive 91/156/EEC". This JMD sets the objectives and principles of management of solid waste, including the requirements of the national and the regional plans for integrated waste management. Furthermore, the JMD foresees the responsible bodies for managing solid waste (FoSDA) and the measures for the rehabilitation and use of disposal sites. Article 5, par. 1 defines the guidelines for the management of solid waste throughout the country and suggests appropriate the measures which promote (under d.) the use of waste as an energy source. Article 11 provides the obligations of the waste holders in accordance to Law 2939/2001 (GG A' 179/2001).

Radiation & Electromagnetic Effects What legislation applies with regard to nuclear installations and waste?

Legislative Decree (LD) 854/1971 (OJ A' 54) on "Terms regarding the establishment and operation of Nuclear Installations" defines the general legal framework as regards all installations aiming at nuclear electricity generation at use, construction, processing and deposition of nuclear fuels and of big quantities of other radioactive products; And at storage, procession and disposal of radioactive waste.

Presidential Decree (PD) 83/2010 (OJ Α΄ 147) includes provisions for the implementation of Directive 2006/117/ ΕURATOM on Supervision and Control of Shipments of Radioactive Waste and spent fuel.

Ministerial Decision (MD) 5408/E3/2362/1993 (OJ B' 730/ 1993) includes provisions on "Control on Transfer of Nuclear Materials, Armament and

45

International laws about environment

Team selfy20152017 Erasmus+

Technologies Affecting National Defense and Security".

What legislation applies for the protection against dangers arising from exposure to ionizing radiation?

LD 181/1974 (OJ A' 347), as subsequently amended and in force, provides the general regulatory framework regarding the adoption of measures aiming at the protection of the population and of public goods against dangers arising from ionizing radiation that is emitted from any kind of equipment,

nuclear

installations

and

radioactive

materials,

with

the

exemption of military installations or weapons. MD 9087(FOR) 1004/1996 (OJ B' 849/1996) regulates technical and specific issues related to the protection of outdoor workers that are exposed to dangers from ionizing radiation during their activities within a controlled area.

The "Radiological Safety Regulations" that were issued by MD 1014(FOR) 94 (OJ B' 216/2001), as subsequently amended and complemented, include specific technical and detailed rules on protection from ionizing radiation.

What legislation regulates prospecting, research and mining of fossils that include exploitable radioactive elements?

The right of prospecting, research and mining of fossils including exploitable radioactive elements belongs to the State and is regulated by the Mining Code (LD 210/1973) and the Regulation of Mining and Extraction Works (MD Ι­5η/F/17402/12­12­1984, OJ B' 931/1984, as amended and in force). By ministerial decision, following a binding opinion issued by GAEC, any eventually necessary specific regulations and rules on radiological safety may be adopted.

According to the rules of the Mining Code, the State may exercise the right of prospecting, research and mining of fossils either directly or conclude a lease contract with private entities following a tendering procedure that is run by the Minister for Economy. A non-competitive procedure may apply aiming at the protection of public interests, in case of necessity to accelerate research and exploitation. In such case a preliminary opinion issued by the Mining Council is required and furthermore, the conclusion of the lease contract necessitates prior approval by the Ministerial Council. Any person that becomes aware of the presence of radioactive elements in any region of the country entails the obligation to inform immediately the

46

International laws about environment

Team selfy20152017 Erasmus+

Government and GAEC. What legislation applies for the protection against dangers arising from exposure to non-ionizing radiation?

Based on the Council Recommendation of 12 July 1999 (EE L 199) on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz) and on the Guidelines that were issued by the International Commission on Non Ionizing Radiation Protection (ICNIRP) in 1998, the following MDs set the basic restrictions and reference levels as regards safe exposure

to

non­ionizing

radiation:

(a)

MD

53571/3839

(OJ

B'

1105/6­9­2000) provides for "Protection measures as regards the exposure of the general public to all land based antenna stations" and (b) MD 3060(FOR)238 (OJ B' 512/2002) includes provisions as regards "Protection measures for the exposure of the general public to all low frequency electric and magnetic fields emitting devices".

Protection Of Cultural Heritage Which is the basic legal framework for the protection of cultural heritage?

In order for the legal framework regulating the protection of cultural heritage to be more easily perceived, it is, initially, essential to state that, due to the particularity of its historical background, Greece's cultural heritage is of great importance. Perhaps, it wouldn't be an exaggeration to claim that Greece constitutes, almost entirely, an extensive and complex archaeological site. Indeed, both in the hinterland and most of the islands, there are many important archaeological sites with monuments relating to the era of ancient Greece, and, subsequently, the Roman times.

Many of these monuments are protected via their inclusion in archaeological sites,

while

for

others,

perhaps

most

of

them,

the

archaeological

excavations have not yet progressed.

For the reason mentioned above, the legal framework for the protection of cultural heritage is particularly rigorous. The most important provisions in this form are, certainly, those contained in article 24 paragraph 6 of the Constitution, whereby: «Monuments and historic areas and elements shall be under the protection of the State». This provision is laid down in detail in law 3028/2002

47

International laws about environment

Team selfy20152017 Erasmus+

which currently constitutes the backbone of the relevant legislation.

Moreover,

it

is

worth

noting

that

the

existing

legal

framework

is

supplemented by the international conventions relating to specific aspects of the protection of cultural heritage and ratified by Greece. Indicatively, we refer to the definitions of the International Convention of Granada in 1985 for the protection of architectural heritage in Europe, signed in the framework of the Council of Europe and, subsequently, ratified by the Greek Parliament with law 2039/19922, the (revised) European Convention of Valletta of the 16th of January in 1992 on the Protection of the Archaeological Heritage, which was also signed within the framework of the Council of Europe and was, later, ratified by the Greek Parliament (law 3378/2005), the Convention of Paris of the 6th of May in 1969 on the protection of the archaeological heritage, also concluded in the framework of the Council of Europe and ratified with law 1127/1981 as well as the International Convention of Paris of the 23rd of November in 1972 on the protection of the international cultural and natural heritage ratified with law 1126/1981. It is noted that the above rules of the international law are of existing legal binding force and apply, therefore, in the national legal system on a superior effect basis, compared to the common law, provided, of course, that they include provisions characterized as self­ executing3.

Source Greek

Law

Digest

http://www.greeklawdigest.gr/topics/physical-cultural-

environment

48

International laws about environment

Team selfy20152017 Erasmus+

The Italy environmental policy

LICEO STATALE "CARLO TROYA" Andria (Italy) Articles 11 and 191 to 193 of the Treaty on the Functioning of the European Union (TFEU) The EU is competent to act in all areas of environment policy, such as air and water pollution, waste management and climate change.

The Single European Act of 1987 It introduced a new " Environment Title", which provided the first legal basis for a common environment policy with the aims of preserving the quality of the environment, protecting human health, and ensuring national use of natural resources.

The Treaty of Maastricht (1993) It made the environment an official EU policy area, introduced the codecision procedure and made qualified majority voting in Council the general rule.

The Treaty of Amsterdam (1999)

49

International laws about environment

Team selfy20152017 Erasmus+

It established the duty to integrate environmental protection into all EU sectorial policies with a view to promoting sustainable development.

The Treaty of Lisbon (2009) It had a specific goal " combating climate change". rd

Environmental Protection Agency Act (23

April 1992)

An act to make further and better provision for the protection of the environment and the control of pollution, to establish an environmental protection agency, for these and other purposes to increase certain existing monetary penalties and to provide for other matters connected with the matters aforesaid. th

Waste Management Act (20

May, 1996)

It made provision in relation to the prevention, management and control of waste; to give effect to provisions of certain acts adopted by institutions of the European communities in respect of those matters. th

Waste Management( Amendment) Act( 17

July 2001)

It amended and extended the Waste Management Act,1996, and, in particular, to amend that act with regard to the procedure for the making of waste management plans under it so that any obstacles to the state being able to comply fully with the provisions of certain acts adopted by institutions of the European communities by reason of any failure of local authorities to make such plans are removed, to amend the first schedule to the Environmental Protection Agency,1992, to amend the litter Pollution Act, 1997, and to provide for related matters. th

Local Government( Water Pollution) Act ( 15

March 1977)

It provided for the control of water pollution and for other matters connected with water pollution. th

Air Pollution Act (10

June 1987)

50

International laws about environment

Team selfy20152017 Erasmus+

An act to provide for the control of air pollution and other matters connected with air pollution. th

Planning and Development Act (20

August 2000)

To revise and consolidate the law relating to planning and development by repealing and re-enacting with amendments the Local Government Acts, 1963 to 1999, to provide, in the interests of the common good, for proper planning and sustainable development including the provision of housing, to provide for the licensing of events and control of funfairs; to amend the Environmental Protection Agency Act, 1992, the Roads Act, 199, the Waste Management Act, 1996, and certain other enactments; and to provide for matters connected therewith. th

Protection of the Environment Act (14

July 2003)

An act to provide the implementation of Directive 96/61/EC of 24

th

September 1996 concerning integrated pollution prevention and control.

The 7

th

Environment Action Programme " LIVING WELL, WITHIN THE LIMITS

OF OUR PLANET" from 2014 to 2020 - To protect, conserve and enhance the Union's natural capital.

- To turn the Union into a resource-efficient, green, and competitive lowcarbon economy.

- To safeguard the Union's citizens from environment-related pressures and risks to health and wellbeing.

51

International laws about environment

Team selfy20152017 Erasmus+

The Portugal environmental policy

AGRUPAMENTO DE ESCOLAS "AUGUSTO CABRITA" Barreiro (Portugal) Portuguese

Agency

for

the

Environment:

https://www.apambiente.pt/index.php Reference laws relating to the environment Basic Law for the Environment - Law No. 19/2014 of April 14 (Http://www.dgpm.mam.gov.pt/Documents/Lei%2019_2014.pdf) The environmental law defines the basis of environmental policy The Assembly of the Republic decrees, in terms of point c) of article 161 of the Constitution, the following: 1 - Environmental policy aims at the realization of environmental rights through the promotion of sustainable development, supported by the proper management of the environment, in particular of ecosystems and natural resources, contributing to the development of a low carbon society and a "green economy" Rational and efficient use of natural resources to ensure the well-being and progressive improvement of the quality of life of citizens.

2 - It is the responsibility of the State to carry out environmental policy, both through the direct action of its organs and agents at the various levels of local, regional, national, European and international decision-making, and through the mobilization and coordination of all citizens and forces Social, in

52

International laws about environment

Team selfy20152017 Erasmus+

a participatory process and based on the full exercise of environmental citizenship.

Management

and

Air

Quality

Assessment

-

Decree-Law

No.

102/2010 of 23 September (Https://dre.pt/application/dir/pdf1sdip/2010/09/18600/0417704205.pdf) The ordinance sets present the objectives for ambient air quality taking into account the standards, guidelines and the World Health Organization programs designed to avoid, prevent or reduce emissions of air pollutants,.

2008/50 / EC of the European Parliament and of the Council of May 21, and Directive 2004/107 / EC of the European Parliament and of the Council of 15 December Air pollution - Decree-Law no. 127/2013 of 30 August

(Http://www.apambiente.pt/_zdata/Instrumentos/Licenciamento%20Ambiental/DL_127_2 Decree-Law no. 127/2013 of 30 August, in accordance with the European Union's environment policy framework, and in order to comply with the conclusions of the communications on the thematic strategy on air pollution, soil protection And the prevention and recycling of waste, adopted following Decision No 1600/2002 / EC of the European Parliament and of the Council of 22 June 2002 Waste - Decree-Law No. 73/2011 , of 17 June (Http://www.ecolub.pt/documentos/DL73_178_2006.pdf) Waste Planning and Management, encompassing all types of waste and the different origins, are the objective of the policies in this field of the Environment, also assuming a major role of transversal importance for the incidence

in

the

Preservation

of

Environmental Strategies. The

Natural

Resources,

and

in

other

Decree-Law No. 73/2011 of 17 June,

establishing the third amendment of Decree-Law No. 178/2006 of 5 September and transposes Directive No. 2008/98 / EC of the Parliament and of the Council of 19 November 2008 Noise - Decree-Law No. 9/2007 of 17 January

53

International laws about environment

Team selfy20152017 Erasmus+

(Http://www.ecolub.pt/documentos/DL73_178_2006.pdf) The new legal framework for environmental noise is the

Decree-Law No.

9/2007 of 17 January , approving the General Regulations Noise (RGR) and Decree-Law No. 146/2006 of 31 July , transposing Directive 2002/49 / EC of the European Parliament and of the Council of 25 June on the assessment and management of environmental noise _______________________________________________________________ Main regulations entre2009 and 2017, grouped the following areas: G eneral; Water; Air quality; Environmental Impact; Noise; Waste; Harmful substances; Protection of Health / Environment; Parks, Reserves and Protected Areas; Economy / Energy

(file:///C:/Users/Master/Downloads/Legisla%C3%A7%C3%A3o%20Nacional%20%2020092017_10Maio.pdf)

54

International laws about environment

Team selfy20152017 Erasmus+

The France environmental policy

LYCEE SARDA GARRIGA Saint Andre (France) Visit web site: https://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006074220

55

International laws about environment

Team selfy20152017 Erasmus+

The Latvia environmental policy

SMILTENES GIMNAZIJA Smiltene (Latvia) As Latvia became a member of NATO and the European Union, new goals for environment protection and defense were brought forward - in 2005 new environment protection policy was accepted to fit the new requirements • http://www.mod.gov.lv/lv/Par_aizsardzibas_nozari/Vides_aizsardziba.aspx

• Biological diversity rehabilitation in ?daži military polygon and "Natura 2000" territory «?daži» • http://www.mod.gov.lv/lv/Par_aizsardzibas_nozari/Vides_aizsardziba.aspx Marine Environment Protection and Management Law The law includes rights and rules which follow the European Parliament and Council's directive 2008/56/EK on 17th June 2008 by which the system of behavior in the marine politcal environment is created. (Sea strategy framework) (The document applies to EEZ).

• https://likumi.lv/doc.php?id=221385 Enviroment protection law European Parliament and Council directive 2005/35/EK on the 7th of September, 2005, about the ships' caused pollution and sanctions for offense • https://likumi.lv/doc.php?id=147917 Species and habitat protection law European Council on 21st of May 1992 about natural habitat, wild fauna and flora protection • https://likumi.lv/doc.php?id=3941

56

International laws about environment

Team selfy20152017 Erasmus+

Hunting regulations European Parliament and Council directive 2009/147/EK on 30th of November 2009 about wild bird protection • https://likumi.lv/doc.php?id=267976 • Regulations of bird species list which have special habitat protection measures to ensure species' survival and spread in the area • https://likumi.lv/doc.php?id=155227 • The Baltic Sea region marine environment protection convention • https://likumi.lv/ta/lv/starptautiskie-ligumi/id/1086

57