3.Petrou _Implem-IPPCDir_law_EN

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3.Petrou _Implem-IPPCDir_law_EN Powered By Docstoc
					 The successful implementation of
IPPC directive in Greece through a
  constructive dialogue between
operators and authorities combined
 with full transparency and active
       public participation

       Twinning project Slovakia
              12-03-2004
        Dr. Christopher Petrou
                Lawyer
   The normative content of the
principle of integrated sustainable
  development at the EC and the
          national levels
    The consolidation of ‘sustainability’
         in Article 24 of the Greek
                Constitution
    Article 24 before the revision.
    The revision of Article 24 after the
     constitutional revision – the broader
     content of sustainability
“Sustainable development” constitutes the point
where the demand for an environmentally rational
development meets the requirement for social
cohesion. Economic development, social cohesion
and environmental protection should therefore be
considered as three equivalent pillars.
       The constitutional consolidation
       of ‘sustainability’ in Article 24 of
       the Greek Constitution
 Article 24 before the revision
  ‘[T]he protection of the natural and cultural environment
  constitutes a duty of the State. The State is bound to adopt
  special preventive and repressive measures for the
  preservation of the environment.’
 The broader content of sustainability after the
  revision
  ‘[T]he protection of the natural and cultural environment
  constitutes a duty of the State and a right for everyone. The
  State is bound to adopt special preventive and repressive
  measures for the preservation of the environment in the
  concept of sustainable development.’
The holistic approach of the new permit
 system through the implementation of
strategic directions and traditional legal
               instruments
        (a) Impact assessment
   One of the most significant tools initially introduced for the
   exercise of a preventive environmental policy

 The criteria for the classification of a project/activity are:
• The type and size of the project or the activity;
• The type and the quality of the emitted pollutants as
  well as any other effects on the environment
• The possibility to prevent the production of pollutants
  generated by the current productive activities
• The danger of the occurrence of a serious accident and
  the necessity to impose restrictions for the protection
  of the environment
 content and publicity of an EIA, the final
report/study should include:


• Description of the project or the activity, including
    about the site allocation, the planning and its size
•   Specification and evaluation of the significant
    effects on the environment
•   Description of the measures to be taken for the
    prevention, reduction or restoration of the negative
    effects on the environment
•   Examination of the alternative solutions and of the
    justification for the solution adopted
•   A simplified summary of the EIA
     Waste disposal installations and treatment plants
Indicative list:
•    Waste disposal installations for the incineration or chemical
     treatment of hazardous or non-hazardous waste
•    Waste disposal installations for landfill of hazardous or non-
     hazardous waste
•    Industrial or domestic waste water treatment plants
•    Sludge-deposition sites
•    Installations solely designed for the permanent storage or
     final disposal of radioactive waste
•    Drinking water treatment plants, storage or pipes
•    Installations of solid waste transshipment
•    Manufacture of compost and gas
•    Disposal installations of rubble
•    Reuse of old mines or quarries
      Mining and related activities
    Indicative list:
•   Open-cast or underground extraction of metalliferous
    minerals
•   Open-cast or underground extraction of coal and lignite
•   Open-cast or underground extraction minerals other than
    metalliferous and energy-producing minerals
•   Extraction of asbestos, marble, granite, gravel, shale,
    phosphates, potash and rock-salt
•   Quarries and open-cast mining or peat extraction
•   Extraction of petroleum and natural gas for commercial
    purposes
•   Extraction of ores and bituminous shale
•   Coke ovens (dry coal distillations)
• Extraction of minerals by marine or fluvial dredging
• Drilling for the storage of nuclear waste material
• Geothermal drilling
• Drilling for water supplies
• Salt-pans
• Installations for the manufacture of cement
• Installations for the processing and transformation of asbestos
  and products containing asbestos: for asbestos-cement
  products, for friction material and for other use of asbestos
      Touristic and urban planning activities
    Indicative list:
•   Urban development projects, including the construction
    of shopping centers and car parks
•   Holiday villages and hotel complexes outside urban areas
    or inside traditional villages or historical centers
    and associated developments
•   Permanent camp sites and caravan sites
•   Ski-runs, ski-lifts, golf fields, horse tourism
    and associated developments
•   Youth centers and sport installations
•   Congress, concert and exhibition halls, theatre and cinemas,
    museums and cultural centers, business promises
•   Hospital unit and clinics
•   Cemeteries
•   Areas of integrated touristic development
•   Land and urban planning
     Harbour works, inland waterways and hydraulic works
Indicative list:
•    Trading and passenger ports
•    Inland waterways and ports for inland-waterway traffic
•    Port infrastructure of goods trading
•    Port infrastructure of industrial installations
•    Terminal stations for loading and unloading of oil products and
     other hazardous substances
•    Yacht marinas and touristic crafts shelter
•    Fishing shelter and fish-pier
•    Installations of craft refloating, launching and conservation
•    Piers and shipyards
•    Coastal work to combat erosion and maritime works capable of
     altering the coast through the construction, for example, of dykes,
     moles, jetties and other sea defense works
    Road construction and road transport related works
    Indicative list:
•   Construction of motorways and express roads.
•   Realignment and/or widening of an existing road so as to become
    a motorway.
•   National road network
•   Provincial road network
•   Flat junctions of national road network
•   Free and express urban highways
•   Ring-roads and perimetric ring-roads of urban areas
•   Urban roads and streets
•   Country roads
•   Bridges, tunnels, multilevel junctions
•   Permanent racing and test tracks for cars and motor cycles
•   Test benches for engines, turbines or reactor
        b. IPPC in Greece

Law 3010/2002
Incoherence with the EIA system
Necessity for a new proper law
regarding the implementation of IPPC
directive in Greece
General problems on the application
              of IPPC
no definition of ‘best available techniques’, which creates legal uncertainty
as to the basis for permit conditions;
no ban against prescribing technologies in the permit, which could
severely restrict the operator’s flexibility and innovation potential;
no requirement that the authority take account of the technical
characteristics of the installation concerned, its geographical location and
the local environmental conditions when it determines the conditions of
the permit decision;
insufficient information requirements for the permit application and no
obligation on the operator to produce a non-technical summary of the
application;
insufficient content requirements for the permit decision, e.g. with regard
to measures to ensure compliance with the obligation to return the site of
operation to a satisfactory state upon definitive cessation of activities;
inadequate requirements as regards monitoring and reporting of releases;
incomplete list of activities covered;
no provision to ensure compliance by existing installations no later than
October 2007 and subsequent periodical review of permits

				
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posted:4/29/2013
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