Delivers the following decision, adopted on the above date: 1. The MFHR alleges that in the main areas where lignite is mined, the state has not done enough to reduce its impact on the environment and has not developed an appropriate strategy to prevent and respond to the health hazards for the general population. It is also alleged that there is no legislation to ensure the security and safety of persons working in lignite mines and that the latter do not benefit from reduced working hours or additional holidays. 2. The Government challenges the admissibility of the complaint on three grounds. 3. It argues firstly that the complainant organisation has no particular competence, within the meaning of Article 3 of the Protocol. It acknowledges the MFHR's important contribution in the field of human rights. However, it claims that the two activities to which the complainant organisation refers, the 1988 round table on "Ptolemaida: a case of heavy environmental pollution" and publication of a book entitled "The Right to Environment: Infringements and Protection", are not sufficient for the complainant to be regarded as having particular competence in the fields of environmental pollution, its impact on workers’ health and health and safety at work. 4. Secondly, the Government maintains that the state is not responsible for individual acts and omissions. The Government leaves it to the Committee to decide whether acts and omissions on the part of the Public Power Corporation (DEI) can be imputed to the Greek state. 5. Thirdly, the Government argues that if the Committee does nevertheless decide to examine the merits of the complaint, it must confine its consideration to acts and omissions occurring after the signature of the Protocol by Greece. 6. In its observations presented on 21 September 2005, the MFHR replies to the Government's three objections. 7. Firstly, it produces a detailed list of its activities specifically related to social rights (colloquies, conferences, seminars, publications and press conferences). Eight of these activities concern environmental protection, seven concern health protection and seventeen concern rights relating to working conditions. 8. Secondly, regarding the Government's objection concerning the acts and omissions of the DEI, the MFHR states that until its partial privatisation in 2001 the corporation was solely the responsibility of the state. Since 2001, the Greek state has held 51.5% of its shares, thereby exercising full control of its activities. Regarding the alleged failures to comply with Article 2§4 of the Charter, the state had a dual responsibility as economic regulator and as employer. Turning to the aspects of the complaint relating to Articles 3§1, 3§2 and 11 of the Charter, the MFHR maintains that the Greek state had a duty to regulate the lignite mining sector in accordance with the requirements of these articles. 9. Thirdly, in response to the arguments concerning the Committee's competence ratione temporis, the MFHR states that all the alleged acts and omissions have

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