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214. Again in connection with whether all reasonable steps have been taken by
Greece to adapt plant and mining equipment to the "best available techniques", the
documents produced by the parties show that, however one determines the
requirements, an assessment of the plant in question, the local geographical and
environmental conditions and the economic implications of the decisions to be made
shows that the DEH was slow to act and the measures it did introduce were only
partially successful or are simply programmed for the future.
215. The Government does admittedly claim that measures to monitor and record
emissions are equivalent to adapting to "best available techniques". Apart from the
fact that this argument is irrelevant and clearly incompatible with Greece's European
commitments, the Committee has in any case found that Greece has failed to show
that the checks concerned were sufficiently effective, since the Greek authorities
considered it satisfactory to carry out these checks prior to the authorisation process
and deemed it acceptable to distinguish between operational and environmental
authorisation.
216. In connection with the measures that the authorities were required to take to
develop a sense of individual awareness among exposed groups towards the health
risks arising from lignite mining, the Committee notes firstly that Greek regulations
satisfy all the requirements concerning information to the public about and their
participation in the procedure for approving environmental criteria for projects and
activities. For example, prefectures are obliged to publish the preliminary
environmental evaluation and appraisal and the environmental impact study in the
local press. However, the circumstances surrounding the granting and extension of
several authorisations, at least those concerning the joint authorisation for several
plants and the case of the “Dytiko Pedio” mine, show that in practice the Greek
authorities do not apply the relevant legislation satisfactorily.
217. The publication on the Internet of such a complex document as the first
national allocation plan (NAP1) for just four days (20-24 December 2004) also
reveals the Greek authorities' manifest disregard for the obligation to enter into fair
and genuine consultations with those exposed to environmental risks.
218. The Committee also notes the Greek authorities' tendency not to pass on
information at their disposal, even if they have been asked to do so, as in the
Megalopolis case.
219. The Government maintains that it is following a policy of health promotion and
culture in accordance with the objectives of the World Health Organisation (WHO) and
that those concerned have been presented with the results of epidemiological studies
undertaken at the request of the state. The Committee considers that this is too
vague to amount to a valid education policy aimed at persons living in lignite mining
areas. The Committee also notes, as does the complainant organisation, that the
figures quoted by the Government to show that it organises environmental health
education courses in primary and secondary schools themselves reveal the
shortcomings in this area.
220. The Committee has already noted (§ 200) the health risks that lignite mining
poses for local inhabitants. However, as the Government itself acknowledges, despite
the importance the latter claims to ascribe to systematic epidemiological monitoring of
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