40
inspectorate must advise the minister of any problems linked to the application of the
legislation or matters not covered by it.
190. The mines and quarries inspectors are answerable not to the SEPE but to a
quite separate department, the mines inspectorate, composed of engineers. This
department monitors compliance with the mines and quarries regulations 1.Its
inspectors are empowered to carry out checks on any aspects of undertakings'
activities and consult the employees and trade unions. Measures imposed by the
inspectors are notified to operators so that they can inform contractors and liaise with
them on health and safety matters.
THE LAW
Preliminary remarks
191. When the admissibility of the complaint was being examined, the Government
objected that the matters complained of could not be imputed to the state and that
the Committee had no jurisdiction ratione temporis. The Committee stated that these
objections would be considered, if necessary, when it assessed the merits of the
complaint (decision on admissibility, 10 October 2005, §§14 and 15).
192. Regarding the first point – whether the matters complained of can be imputed
to the state – the Committee notes that the DEH, which until its partial privatisation in
2001 was solely answerable to the Greek state, has private law status. However, as
a signatory to the Charter, Greece is required to ensure compliance with its
undertakings, irrespective of the legal status of the economic agents whose conduct is
at issue. Moreover, the DEH's activities are clearly subject to the general legislation
on the environment and under Act 2773/1999 on the liberalisation of the Greek
electricity market, the Greek Government is required to supervise those activities.
Finally, the state still holds a majority of the DEH's shares (51.12% in 2005).
193.
Regarding the second point – the Committee's jurisdiction ratione temporis
– it notes that the origin of several of the complaints is long-term exposure to air
pollution, partly preceding 1998, whose effects have either been felt continuously
since lignite mining began in the regions concerned or may only be felt several years
after exposure. The Committee considers that under these circumstances, the main
question raised by the current complaint is how to make the distinction between
performed and continued wrongful acts, bearing in mind the state’s particular duty to
take all reasonable measures to ensure that a given event does not occur. In this
connection, it notes that Article 14 of the draft articles prepared by the International
Law Commission2 on responsibility of states for internationally wrongful acts deals
with the extension in time of the breach of an international obligation and states that
“the breach of an international obligation requiring a State to prevent a given event
occurs when the event occurs and extends over the entire period during which the
event continues and remains not in conformity with what is required by that
obligation” (§3). In so doing, it is simply endorsing an established legal interpretation
of national and international courts. In the present case, the Committee considers
that there may be a breach of the obligation to prevent damage arising from air
pollution for as long as the pollution continues and the breach may even be
1
See footnote ..
Official records of the General Assembly of the United Nations, 56th session, Supplement No. 10,
A/56/10.
2
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