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198. The Government argues that the use of lignite and the continued mining of
this combustible fuel is justified by the general interest, in terms of energy
independence, access of the entire population to electricity at a reasonable cost and
Greece's economic growth and industrial development at levels comparable to those
of other European Union countries. The Committee considers that these are
undoubtedly legitimate objectives within the meaning of the Charter.
199. Nevertheless, lignite's predominant role in energy production is detrimental to
the environment, something the Government does not deny. In particular, it
acknowledges that man-made emissions of particles, sulphur dioxide (SO2) and
nitrogen oxide (NOx) derive directly in part from lignite combustion, and that the latter
is a significant source of carbon dioxide (CO2) emissions. So even taking into
account other factors, such as the meteorological and topographical conditions in
Greece and other Mediterranean countries, combustion plants such as those
operated by the DEH make a contribute significantly to pollutant emissions.
200. The Committee also notes from a recent WHO publication 1 that there is clear
and widely established scientific evidence that particles and the gases SO2 and NOx
have harmful effects on human health and life. It also considers that the conclusions
of studies of the effects of pollution arising from lignite mining and its use in electric
power plants on the health of those living nearby are clear and unambiguous,
particularly in so far as they reveal a higher prevalence of respiratory diseases such
as rhinitis and chronic bronchitis, and even of cardiovascular diseases or cancers.
201. The most comprehensive data on particle, SO2 and NOx emissions in the
lignite mining regions derive from studies carried out by a number of independent
researchers. Although the Government challenges the MFHR's interpretation of
some of this data, it does not deny that at Klitos, Kozani and Aghios Dimitrios particle
emissions have, on a number of occasions over several years, exceeded the limit
values laid down by the European Union and in domestic law. Moreover, the
Committee observes that the figures produced by the Government do not provide a
comprehensive view of the situation because they do not cover certain years, and
mainly relate to annual averages rather than indicating peak pollution levels. The
Committee cannot exclude the possibility that in certain places and in certain
periods, the environmental situation could have been worse than appears from the
available data.
202. Under Article 11 of the Charter, everyone has the right to benefit from any
measures enabling him to enjoy the highest possible standard of health attainable.
The Committee sees a clear complementarity between Article 11 of the Charter and
Article 2 (right to life) of the European Convention on Human Rights, as interpreted
by the European Court of Human Rights (General Introduction to Conclusions XVII-2
and 2005, statement of interpretation of Article 11, §5). Measures required under
Article 11 should be designed, in the light of current knowledge, to remove the
causes of ill-health resulting from environmental threats such as pollution (this link
was established in Conclusions XV-2, Poland, Article 11§1, pp. 446-449).
1
Use of the air quality guidelines in protecting public health: a global update, Fact sheet No. 313,
October 2006; see WHO (European Regional Office) site: www.euro.who.int.
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