43
203.
In order to fulfil their obligations, national authorities must therefore:
–
develop and regularly update sufficiently comprehensive environmental
legislation and regulations (Conclusions XV-2, Addendum, Slovakia, pp.
201-205);
take specific steps, such as modifying equipment, introducing threshold
values for emissions and measuring air quality, to prevent air pollution at
local level and to help to reduce it on a global scale (Conclusions 2005,
Moldova, Article 11§3, pp. 452-457);
ensure that environmental standards and rules are properly applied, through
appropriate supervisory machinery (see, mutatis mutandis, International
Commission of Jurists v. Portugal, aforementioned decision, § 33);
inform and educate the public, including pupils and students at school, about
both general and local environmental problems (Conclusions 2005, Moldova,
Article 11§2, pp. 450-452);
assess health risks through epidemiological monitoring of the groups
concerned.
–
–
–
–
204. Admittedly, overcoming pollution is an objective that can only be achieved
gradually. Nevertheless, states party must strive to attain this objective within a
reasonable time, by showing measurable progress and making best possible use of
the resources at their disposal (see, mutatis mutandis, Autism Europe v. France,
Complaint No. 13/2002, decision on the merits of 4 November 2003, § 53). The
Committee assesses the efforts made by states with reference to their national
legislation and regulations and undertakings entered into with regard to the
European Union and the United Nations (Conclusions XV-2, Italy, Article 11§3, pp.
307-312), and in terms of how the relevant law is applied in practice.
205. The Committee notes firstly that the Greek Constitution makes protection of
the natural environment an obligation of the state and at the same time an individual
right, and that Greek environmental legislation and regulations are well developed,
have been regularly updated and substantially reflect the large number of European
Union standards in this area. In particular, in the case of mining and fossil fuel
combustion activities, an environmental impact study must be carried out,
environmental criteria approved and an operating licence issued by the competent
authorities. Provision is also made for the public to be informed and to participate in
the decision making process. Limit values have been set for exposure to pollutants
arising from lignite mining. Greece has also ratified all the relevant international
treaties, in particular the United Nations Framework Convention on Climate Change
of 9 May 1992 (UNFCCC) and the Kyoto Protocol to the UNFCCC of 11 December
1997.
206. However, the National Allocation Plan for 2005-2007 (NAP1) drawn up by
Greece in accordance with Directive 2003/87/EC establishing a scheme for
greenhouse gas emission allowance trading within the Community provides for such
emissions for the whole country and all sectors combined to rise by 39.2% to 2010,
whereas the binding target for Greece, under the Kyoto Protocol, is an increase in
these gases of just 25% in 2010, compared with the reference year (1990 for carbon
dioxide, CO2).
207. The Committee acknowledges that the main purpose of these forecasts, and
of the other energy scenarios and emission reduction plans, is to determine what
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