19
76.
The Government considers that a certain lack of precision in forecasts is
inevitable in exercises such as the presentation of reports to the UNFCCC
secretariat and that for various reasons every country adjusts its forecasts of
greenhouse gas emissions from one year to the next. At all events, it notes that, as
the UNFCCC itself acknowledges in its Report on individual review of the GHG
inventory of Greece submitted in 2005 (12 April 2006), the target volume of
greenhouse gas emissions in the first national action plan for climate change
(15%±3%) has been achieved, since the actual increase between 1990 and 2000
was 18%.
77.
Turning to the second dimension of its Kyoto policies, the Government states
that its Convention commitments have to be viewed from a global rather than a local
perspective. As such, the use of flexible mechanisms such as the purchase of
emission quotas forms part of a global strategy and is the equivalent, in terms of
environmental protection, to local reductions in emissions. Similarly, it argues that
greenhouse gas emissions cannot be assessed in terms of their health effects,
particularly at local level, but only in terms of their effects on the climate.
78.
Finally, the Government states that under the first national action plan natural
gas will play a significant part in the country's future energy mix, accounting for 28%
of total electricity production in 2010 and 36% in 2020. This should result in a decline
in lignite's contribution from 67% in 2005 to 38% in 2020.
The alleged violation of Articles 11§§2 and 3:
A - The complainant organisation
79.
According to the MFHR, the state has failed, in breach of Article 11§2 of the
Charter, to “provide advisory and educational facilities for the promotion of health
and the encouragement of individual responsibility in matters of health”.
80.
Firstly, it argues that the state has failed to involve the affected populations in
environmental impact assessment. Indeed, on a number of occasions, it has shown
evidence of its determination not to involve them. For example, in the case of the
inhabitants of Mavropigi (see above, §32), the Government approved the
environmental criteria for the DEH mine in "Dytiko Pedio" to operate, despite a study
demonstrating the negative impact of mining activity on the village, and did not listen
to the inhabitants who wished to be moved. These were among the factors that
persuaded the Supreme Administrative Court to set aside joint ministerial decree
10594/20031 approving the environmental conditions. Another example concerned
the public consultation process on the preparation of NAP1, which despite its
complexity was published on the internet for a total of just four days between 20 and
24 December 2004, which did not leave time even for specialist non-governmental
organisations to offer a useful opinion.
1
Supreme Administrative Court Decision 998/2005 of 1 April 2005