18
70.
Turning to the “Dytiko Pedio” mine case, the Government states that
throughout the proceedings environmental permits were in force, in accordance with
the general principles of administrative law, and that when they were finally annulled
by decision 519/2006 of the Supreme Administrative Court, new permits had been
approved. Finally, the Government questions the relevance of the Kokkari power
station case to this complaint but also notes that no proceedings have been
launched to enforce the execution of decision 4577/1998 of the Supreme
Administrative Court, and that in any event the plant is operating on the basis of a
valid environmental permit.
Environmental policy in the energy sector
71.
The Government maintains that Greece has long demonstrated its
commitment to combating climate change with a series of ambitious and practical
measures, including ratification of the Rio Convention and the Kyoto Protocol and
transposition of relevant Community directives. It points out that Greece's right to
increase greenhouse gas emissions by 25% under the Community's Kyoto burdensharing agreement reflects an economic policy decision to enable countries such as
Greece to move closer to the European average per capita GDP.
72.
Greece is pursuing its efforts in the two directions specified in European and
international regulations and agreements for achieving the Kyoto objectives,
principally by limiting emissions and, secondarily, by using flexible mechanisms such
as the European scheme for greenhouse gas emission allowance trading.
73.
The Government says that Greece has made demonstrable progress in
implementing its commitments to reduce emissions of greenhouse gases in general
and CO2 in particular and has met the objectives set in accordance with established
forecasts and scenarios.
74.
Unlike the MFHR, it considers that the European Commission's approval for
Greece's first national allocation plan (NAP1) and the emissions allowance
distribution is a significant development, since it follows a detailed examination of the
formal and substantive criteria laid down in Directive 2003/87 and of the energy
scenarios described in the plan.
75.
The Government acknowledges that the BaU scenario in PNA1 (2005-2007)
predicts an increase of 39.2% in greenhouse gas emissions for the whole country
and all sectors combined up to 2010. However, it maintains that the purpose of such
a scenario is to determine what efforts are required to achieve the objectives. In
practice, CO2 emission quotas for DEH plants were 2 533 863 tonnes (4.6%) below
the BaU forecasts and thanks to various efficiency measures 80.6% of this total was
covered by a real reduction of 2 041 507 tonnes (3.7%) in DEH CO2 emissions. The
remaining 19.4% came from the purchase of quotas.