European Parliament 2014-2019

Committee on Petitions

15.10.2019

NOTICE TO MEMBERS

Subject: Petition 0078/2007 by Mavroudis Voridis (Greek), on construction of a refuse tip in part of eastern

Petition 0573/2011 by Konstantinos Papadigenopoulos (Greek), bearing 2220 signatures, on serious errors and omissions in the environmental impact assessment for the proposed landfill site at Mavro Vouno Grammatikou, and the associated infringement of EU environmental legislation

Petition No 0298/2019 by D. K. (Greek) on breaches of EU environmental law and calling for a stop of all works and waste disposal at the landfill of Mavro Vouno of Grammatiko

1. Summary of petition 0078/2007

The petitioner points out that the responsible Greek authorities have given permission for construction of a refuse tip in the vicinity of Mavro Vouno Grammatikou and Bragoni Kerateas Lavreotikis in eastern Attica. He claims that the project in question is in breach of existing relevant EU legislation and is accordingly asking Parliament to intervene.

Summary of petition 0573/2011

Referring to the location of a landfill site near Mavro Vouno Grammatikou in eastern Attica, the petitioner claims that there are serious errors and omissions in the relevant environmental impact assessment. The project was granted assistance from the Cohesion Fund (Decision C(2004)5509) but implementation was delayed by the submission of a complaint by local residents to the Greek Supreme Court. The petitioner claims that this case involves infringement of a series of EU legislative acts, including Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control, Directive 2008/105/EC of the European Parliament and of the Council on environmental quality standards in the field of water policy, Directive 2006/118/EC of the European

CM\1192230EN.docx PE567.786v05-00

EN United in diversityEN Parliament and of the Council on the protection of groundwater against pollution and deterioration, Directive 2001/42/EC of the European Parliament and of the Council on the assessment of the effects of certain plans and programmes on the environment and Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. And therefore calls on the European Parliament to intervene in order to put a stop to the project in question.

Summary of petition 0298/2019

The petitioner had already made a submission in relation to petition 0573/2011, which was discussed in committee on 21.03.2018, and deplores in this regard the lack of compliance of the Region of Attika with the committee request to conduct a new environmental impact assessment. He alleges in particular a breach of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora by the Greek authorities, namely the failure to protect a designated Natura 2000 marine site in the immediate vicinity of the estuary of an existing stream crossing the landfill.

2. Admissibility

Petition 0078/2007 declared admissible on 30 May 2007. Petition 0573/2011 declared admissible on 23 September 2011. Petition 0298/2019 declared admissible on 8 August 2019 Information requested from Commission under Rule 227 (6).

3. Commission reply to Petition 0078/2007, received on 19 October 2007.

The lack of appropriate environmental infrastructure for waste management is an important issue in . The Commission services follow all developments in this field closely with a view to ensuring that the relevant European Community (EC) legislation is respected and that the management of solid waste produced in Greece is carried out in an environmentally sound way. In the Attica region, the situation is particularly difficult as a result of many factors: the relatively high population of the region (in 2004 estimated at approximately 4.000.000 inhabitants corresponding to 36% of the total population of Greece), low public awareness with respect to waste management and hence problems of public acceptance of proposed solutions, delays in medium and long term planning etc.

The Commission has tried both through legal action and financial assistance to remedy the situation and promote the appropriate means of solid waste disposal management throughout Greece, including the Attica region.

With respect to financial assistance, in particular within the Community Support Framework for the period 1999-2006 as well as previous ones, EC funds have been allocated for projects in the field of solid waste management. Indeed, in the Attica region all the important projects have already been co-financed. In December 2004, the main waste management projects for Attica, that is landfill installations at Fyli, Western Attica, and Grammatiko and Keratea, Eastern Attica, subject of the petition, were approved for Community assistance under the Cohesion Fund. In addition, the Greek authorities undertook a clear commitment for the

PE567.786v05-00 2/13 CM\1192230EN.docx EN closure of illegal landfills some of which exist also in the Attica region (according to the revised national waste management plan approved in 2003, all illegal landfills should be closed and rehabilitated by the end of 2008).

The petitioner claims that the responsible Greek Authorities have authorised the construction of two landfills in the vicinity of Mavro Vouno at Grammatiko and Vragoni at Keratea in Eastern Attica (north and south respectively), which will cause considerable environmental damage in areas of great natural and historical value. According to the petitioner, several clauses of the Commission's decision on co-financing under the Cohesion Fund are not being adhered to, such as point 8 of Annex I of the Commission's decision, which refers to the beginning and end of the works, as well as items 1, 2 and 5b of point 12 "Special terms" of the same annex, which sets out certain specific conditions and deadlines which have to be respected.

The Commission is well aware of the situation with respect to solid waste management in Greece and, in particular, in Attica which lacks appropriate infrastructure with some areas, including the areas concerned by the petition, served by illegal landfills.

The two sites in Eastern Attica referred to by the petition, according to the information at the disposal of the Commission, were selected amongst other sites after a series of discussions, studies etc were undertaken by the local and national authorities concerned. The final designation of all the possible sites was established by a special law adopted after debate and voting in the Greek Parliament in June 2003 (Law 3164, Article 33, Official Journal of the Greek Republic no 176/2-7-2003). Detailed environmental impact assessments (EIA) in conformity with the EIA Directive 85/337/EC1, as amended, confirmed these two sites as the most suitable ones for landfill installations. The EIAs carried out and the corresponding Ministerial Decisions foreseen by the national legislation transposing the EIA Directive, concerned not only the landfills in an isolated way but rather "Integrated Installations for Waste Management", including provisions for recycling, composting and pre-treatment of waste.

The Greek authorities submitted to the Commission a complete file in 2004 concerning the financing by the Cohesion Fund of the landfills only, as a priority to stop the use of uncontrolled, illegal dumpsites in the region concerned, explaining that the additional measures for the "integrated management" would be initiated at a later stage and at any case after the completion of the landfills, using national funds. The Commission, after assessing the conformity of the above projects with Community rules, including environmental ones, decided their co-financing in December 2004. In order to ensure the overall correct implementation of the plan, the Commission introduced a number of special clauses, under Point 12 of Annex I of the above decisions which the petitioner considers violated. It should also be recalled that, in accordance with Article 5 of the Landfill Directive, biodegradable municipal waste going to landfills must be reduced to 75 % of the total amount (by weight) of biodegradable municipal waste produced in 1995 or the latest year before 1995 for which standardised Eurostat data is available. For Greece, the deadline for complying with this obligation is July 2010.

1 OJ L 175, 5.7.1985, p. 40.

CM\1192230EN.docx 3/13 PE567.786v05-00 EN As a result of legal action taken by the citizens concerned in the Greek Courts against the decisions of the Greek Authorities to select the sites in question, the physical works of the above projects have not started yet. Indeed, it was only in April 2007 that the Greek Supreme Court delivered a positive judgement for the landfills of Western Attica at Fyli and Eastern Attica at Grammatiko, rejecting all the arguments presented by the plaintiffs and considering that their designation is in conformity with Greek law, including the Greek law transposing Community legislation and in particular the EIA. For the Keratea landfill no decision has yet been made.

On the basis of the above background information the Commission has the following comments with respect to the specific arguments of the petitioner:

In general, the petitioner claims that land filling of untreated waste is not allowed under Directive 99/31/EC1 on waste land filling and, therefore, the landfill installations at Grammatiko and Keratea should not be put into operation before an "Integrated Installation of Waste Management" is constructed. The Commission's co-funding decision aims at ensuring that the landfill will operate together with the implementation of all necessary measures for the treatment of waste.

Land filling constitutes an acceptable waste disposal method, provided that it complies with the requirements laid down in Directive 99/31/EC. A well regulated and EU compliant landfill bears no resemblance to the existing illegal or uncontrolled rubbish dumps. As explained above, the Ministerial Decisions concluding the EIA procedure for both sites relate to an "Integrated Installation of Waste Management", i.e. a landfill site and installations aiming at the treatment of waste (sorting, recycling and composting). In terms of priority, the Greek authorities presented first the landfill project so that the illegal landfill sites could be inactivated and they gave a commitment to initiate all the other measures (pre-treatment, recycling, composting, but also actions for the selection at source etc) at a later stage after the completion of the landfill. The Commission's co-funding decision contains specific clauses in order to guarantee that the landfill will operate in accordance with EC legislation (e.g. Special Clause No 2 of Point 12 of Annex I).

The fact that the landfill project was blocked by the legal procedure pending in the Supreme Court delayed the whole process, as it was important to have first the judgment of the Court which would condition the success of the whole scheme. It needs to be noted at this point that the local authorities have the possibility to organise if they want to, recycling or other advanced ways of management of municipal solid waste and to take all the necessary measures to close illegal dumpsites.

More specifically, the petitioner refers to five specific deadlines included in the Commission's decisions to co-finance, through the Cohesion Fund, the two projects in question:

1. The petitioner claims that the deadline of 30 June 2005 of Special Clause No 1 of Point 12 of Annex I of the Commission decision for co-financing (Cohesion Fund) requiring that the competent Greek authorities adopt the necessary measures to satisfy the requirements of Directive 1999/31/EC on landfill of waste with respect to special waste (dangerous etc) was

1 OJ L 182, 16.7.1999, p. 1.

PE567.786v05-00 4/13 CM\1192230EN.docx EN not respected;

The Commission would like to underline that the legal framework for the management of the specific categories of waste, required by Directive 1999/31/ EC, has already been adopted by Greece, even though after the above deadline. Greece has already informed the Commission about the adoption of a series of legislative acts which regulate the management of the following categories of special waste; hospital waste;- waste oils; – used tyres;- batteries and accumulators;- end of life vehicles; - electric and electronic equipment waste;

2. The petitioner claims that the deadline of 31 December 2005 of Special Clause No 2 of Point 12 of Annex I of the Commission decision for co financing (Cohesion Fund) requiring that the competent Greek authorities adopt the necessary measures to satisfy the requirements of Directive 1999/31/EC on the landfill of waste with respect to recycling, reduction of waste etc, was not respected. Indeed as already pointed out above, the creation of a proper landfill was a prerequisite for the establishment of the other measures foreseen by the Ministerial Decision concluding the EIA for the two sites in question. The Commission had introduced this clause considering that the works for the landfill would have started already by the end of 2004, so the deadline of 31.12.2005 was considered appropriate to put pressure on the Greek authorities to prepare the other measures foreseen. However, as already explained, the legal procedure delayed the whole scheme;

3. The petitioner claims that the deadline of 28 November 2003 of Special Clause No 5.b of Point 12 of Annex I of the Commission decision for co-financing (Cohesion Fund) requiring that the competent Greek authorities adopt the necessary measures to close and inactivate all illegal dumpsites was not respected. In the first place, the above date is not a deadline but the date of a letter from the Greek authorities to the Commission giving an outline of the existing illegal dumpsites and the action in this field. In reality, the sub-clauses of special clause no 5, including sub-clause b, were referring to actions to be completed before the final payment by the Cohesion Fund for this project as explicitly mentioned in the decision. As the project has not started yet, there is no question of a final payment either. Nevertheless, it needs to be noted that a particular action of the illegal dumpsites is actually under way as the Greek authorities (Ministry of the Environment, Ministry of the Interior and Ministry of the Economy) have already secured funds in order to close and rehabilitate the illegal waste dump sites and ensure their replacement by landfills compliant with the requirements of EC environmental legislation all over Greece, including the Attica region. It is also of interest to note that according to official information submitted by the Greek authorities at the time of the submission of the file for co-financing, there were 15 illegal and uncontrolled dumpsites in the Eastern Attica region, one of which is in the boundaries of the municipality of Grammatiko and another in the boundaries of the municipality of Keratea, where the two legal landfills in question are to be constructed;

4 and 5: The petitioner points out that the dates of the beginning of works (1 November 2004) and completion of works (31 May 2007) foreseen in the Commission's decision in Point 8 of Annex I cannot be respected. This is obviously true as the works have not started yet as explained above. It is clear that the Commission's decision has to be modified as is often the case under the existing administrative practice. According to existing information, the call for the expression of interest has been completed, the bids have been submitted and the final arrangements for the beginning of works, at least for the project of Grammatiko, are to be

CM\1192230EN.docx 5/13 PE567.786v05-00 EN concluded soon.

The Commission believes that the issue of management of solid waste in Greece, including in the Attica region, is entering a critical phase, with a number of measures in the pipeline in order to conform fully with the requirements of Community policy and law in this field. For Attica in particular, in addition to the existing infrastructure already financed by Community funds (for example, the mechanical sorting and composting unit in Ano Liossia), the three landfill projects decided within the framework of the Regional Planning for Attica and confirmed by Law No 3164 of 2003, seem to be necessary as a first step, provided that they conform with the technical standards and requirements of Directive 1999/31/EC on landfill of waste. These projects need certainly to be accompanied by further measures along the lines of the Community policy with respect to waste (i.e. reuse, selection at source, recycling, composting, incineration with recuperation of energy etc) in order to provide sustainable solutions to the problem of waste in this densely populated Attica region. The Commission has already highlighted this need during the negotiations concerning the new programming period 2007-2013, and it is expected that there will be positive developments in the field of solid waste management during this period.

4. (REV) Commission reply, received on 10 June 2008.

Following the discussion in the Committee on Petitions on 24th January 2008, several meetings took place with the Greek Authorities as follow up of Cohesion Policy issues or technical meetings concerning waste and the compliance with the environmental EC acquis.

It has been made clear to the Greek authorities that they need to advance in the implementation of the accompanying measures, complying with the amended 2004 Cohesion Fund decisions concerned. The same principle applies for the respect and the implementation of the regional waste management plans.

In addition a letter has been sent to the Greek Authorities (2/4/2008) concerning the implementation of works and installations which were decided in the Regional Waste Management Plan of Attica (RWMP) and concluded with the law 3164, Article 33 (Greek Official Journal 176/2-7-2003), in conformity with EC policy and law on waste, including recycling centres, composting units, landfills etc. The RWMP for Attica, as modified on 22nd February 2006, confirmed the sites selected and the related waste management installations.

The Environmental Impact Assessment (EIA) carried out for the sites selected (e.g. Grammatiko, Keratea etc), in accordance with the relevant EC legislation, included, besides the landfill, additional installations like pre-treatment and composting units, recycling centres etc., defined by the Greek authorities as Integrated Installations for Waste Management (IIWM). This can be seen in the Ministerial Decisions establishing the terms and conditions for these sites.

As already indicated before, following legal action by concerned citizens in the Greek Supreme Court, the works for the landfills, which are co-financed by the Cohesion Fund, were delayed. It seems that now after a positive decision of this Court (i.e. rejection of all legal action taken aiming at annulling the Ministerial Decisions) works are ready to start. It is therefore important for the Commission to know what the state of play is, concerning the

PE567.786v05-00 6/13 CM\1192230EN.docx EN planning and construction of the accompanying measures for the completion of the IIWM (recycling, composting and pre-treatment units etc). This is necessary not only to ensure that EU legislation with respect to landfills will be complied with, but also to avoid problems with respect to payments of the co-funded projects, given that these form an integral part of Phyli- Grammatiko-Keratea and are subject to special conditions in the funding decisions.

The Commission will further follow up this issue on the basis of the information requested from the competent Greek authorities.

It needs to be noted that in terms of overall waste management in Greece, the Commission has been formally informed that an Inter-Ministerial Committee has been established (Decision no 465, 17/3/2008) for the implementation and the monitoring of the Integrated Plans for Waste Management. More specifically, the Committee has the objective to coordinate and monitor the implementation of the Integrated Plan for Waste Management, in compliance with EC law.

As things stand now, it cannot be concluded from the outset that there would be any breach of EC environmental legislation. The relevant projects appear to have been authorised in accordance with the provisions of the relevant EC environmental legislation. If the Commission identifies at a later stage any possible breach in the monitoring of the project it will undertake the necessary actions.

In any case, the Commission can only repeat that, with respect to the projects funded under the Cohesion Fund, the lawful implementation of the plan and the conditions set by the special clauses (introduced under point 12 of Annex I of the aforementioned decisions) will be verified by the competent Commission Services.

5. (REV II) Further Commission reply, received on 20 March 2009.

The petitioner claims that the responsible Greek authorities authorised the construction of two landfills in the vicinity of Mavro Vouno at Grammatiko and Vragoni at Keratea in Eastern Attica (north and south respectively), which will cause considerable environmental damage in areas of great natural and historical value. According to the petitioner, several clauses of the Commission's decisions on co-financing under the Cohesion Fund are not being adhered to. In its previous communications, the Commission thoroughly explained that the relevant projects have been authorised in accordance with the provisions of the relevant EC environmental legislation, i.e. Directive 85/337/EC1, as amended, known as the Environmental Impact Assessment (EIA) Directive, and Directive 99/31/EC2 in relation to landfilling of waste. It should be recalled that the EIA carried out included, besides the landfills, additional installations like pre-treatment and composting units, recycling centres etc. This can be seen in the Joint Ministerial Decisions concluding the EIA procedure and establishing the terms and conditions for the construction and operation of these sites. These decisions relate to an "Integrated Installation of Waste Management", i.e. a landfill site and installations aiming at the treatment of waste. It should be stressed that the Greek Supreme Court rejected all the arguments presented by the petitioners, considering that the selection of the landfill sites was

1 OJ L 175, 5.7.1985, p. 40; OJ L 73, 14.3.1997, p.5. 2 OJ L 182, 16.7.1999, p. 1.

CM\1192230EN.docx 7/13 PE567.786v05-00 EN in conformity with Greek law, including the Greek law transposing the EIA Directive. Consequently, it is not possible to identify any breach of EC environmental legislation. As regards the compliance with the clauses included in the Commission's co-financing Cohesion Fund Decisions, the execution of the physical works required has been delayed mainly due to the above-mentioned legal actions taken by the citizens concerned against the Joint Ministerial Decisions. The Greek authorities have requested the modification of the Commission's co-financing decisions, in particular the extension of the deadline for the completion of the works. The Commission is currently assessing those requests and in relation to the implementation of the specific terms as laid down in the granting Decisions The Commission is not satisfied with the progress made in the implementation of both projects and has made clear to the Greek Authorities that they need to advance in the construction of the additional installations and in the implementation of accompanying measures foreseen by the regional waste management plan. The Commission has temporarily interrupted the payments for the two co-financed projects in order to evaluate the progress made. On the basis of the information available, the Commission cannot identify any breach of the relevant EC environmental legislation. Regarding compliance with the clauses of the co-financing Cohesion Fund Decisions, the Commission is taking all the necessary measures to ensure that the special clauses laid down will be effectively implemented.

6. (REV III) Further Commission reply received on 22 April 2010

The petitioner points out that the Greek authorities responsible have given permission for construction of a refuse tip in the vicinity of Mavro Vouno Grammatikou and Bragoni Kerateas Lavreotikis in eastern Attica. He claims that the project in question is in breach of existing relevant EU legislation and is accordingly asking Parliament to intervene.

Τhe two projects consisting of the construction of landfills situated in Grammatiko and Keratea received grant approval for assistance from the Cohesion Fund in 2004. The Commission's decisions granting assistance include several specific conditions which aim at ensuring that the projects will comply with the relevant EU legislation on waste management (mainly Directive 99/31/EC). However, due to court proceedings, which were brought by affected neighbours before the Greek Supreme Court, the implementation of those projects was delayed. Hence the Greek authorities have requested the modification of the Commission's co-financing decisions, in particular the extension of the deadline for the completion of the works until 31 December 2010.

In 2007, the Greek Supreme Court rejected all the arguments presented by the citizens, considering that the selection and the authorisation of the landfill sites were in conformity with Greek law, including the Greek law transposing relevant pieces of the EU legislation (Directives 85/337/EEC and 99/31/EC). Consequently, it appears that there is no breach of EU environmental legislation.

Despite these Court rulings, there was no progress in the implementation of the projects for several reasons, including a strong opposition from affected inhabitants, who impeded the construction works.

PE567.786v05-00 8/13 CM\1192230EN.docx EN On the basis of recent information received from the Greek authorities, the construction of the landfill in Grammatiko is now progressing satisfactorily and is expected to be operational in early 2011. The construction of the landfill in Keratea has not yet started and the Commission has requested detailed information on its progress from the Greek authorities by May 2010 at the latest.

According to the information available, the Commission cannot identify any breach of the relevant EU environmental legislation.

Regarding the progress made in the implementation of both projects the Commission is taking all the necessary measures to ensure the projects will be implemented in compliance with the Cohesion Fund Decisions of 2004, including the specific conditions.

7. (REV IV) Further Commission reply received on 30 August 2012

As requested by the Petitions Committee, the Commission hereby provides the following update on the Court proceedings at national level concerning the landfill of Keratea and Grammatiko.

Keratea landfill

On 13 December 2010, inhabitants claiming to have property rights on the construction area submitted a request for interim measures at the County Court of Lavrion in order to force the construction consortium to stop all kinds of work and remove all machines and equipment from the building site. By its ruling nr. 199/2010, the County Court of Lavrion partially accepted the request for interim measures (i.e. the construction consortium should stop all kinds of works, but it was allowed to carry out preliminary ones). On 30 December 2010 the Greek State deposited at the County Court of Lavrion an application for suspension of the injunction decision of County Court of Lavrion, which was rejected.

The Greek State appealed against these rulings at the Court of First Instance of . In its ruling published on 24 June 2011 (Nr 2983/24-06-2011), the Court of First Instance of Athens rejected the appeal of the Greek State forcing the construction consortium to stop all kinds of works and remove all machines and equipment from the building site. Hence, pending the ruling on the main case, only preliminary works can be executed on the construction site.

The Commission would in particular like to inform the Petitions Committee that the Greek authorities proposed the cancellation of this Cohesion Fund project because of the lack of progress. The respective amount of Community assistance from the Cohesion Fund initially foreseen for this project (EUR 14 588 032) was subsequently de-committed. The Commission, however, will continue to encourage the Greek authorities to solve their waste management problems and to use funding from the Structural Funds in the current programming period.

Grammatiko landfill

Works have been interrupted as a result of Court proceedings since February 2012. Whether this project will be completed by the end of 2012 or not will depend on the outcome of the Court decision. The deadline for the eligibility of expenditure co-financed under the Cohesion

CM\1192230EN.docx 9/13 PE567.786v05-00 EN Fund was 31 December 2011. The Greek authorities can, however, complete the project with national funds until 30 June 2013.

8. Further Commission reply (REV. V) received on 28 February 2014

The Commission has received the closure documents for the project Construction of a landfill in ''Mavro Vouno Grammatikou" in north-eastern Attica from the Greek authorities and the documents are currently being analysed by the Commission. In its analysis, the Commission is verifying compliance with the specific conditions. In this respect, the Commission requested that the Greek authorities provide updated information on the progress made with the completion of the project. The Greek authorities have provided updated information on the pending issues. According to the Greek authorities, the landfill has been completed and currently tests and checks are taking place. Regarding the access roads, the construction works are in progress. The supply of mobile equipment will be provided by the operator with its own resources. With respect to the contractual obligations of the technical consultant, they follow the evolution of the construction project. The Commission will verify the status of the works before issuing a closure proposal.

9. Further Commission reply (REV. VI) received on 27 May 2014

The Commission requested that the Greek authorities provide updated information on the progress made with the completion of the project.

The Greek authorities have provided updated information on the pending issues. According to the Greek authorities the landfill has been completed. The tests and the inspections in different parts of the plant have been completed and the necessary arrangements and adjustments have been made. As regards the expropriation process was completed (court decision establishing the unit price, securing necessary resources, deposit amounts).Regarding the access roads the constructions works are ongoing. Specifically with regard to the north access length about 5,4 Km the operations have been completed to a length of about 3.5 km.

The Commission will verify the status of the works before issuing a closure proposal.

10. Further Commission reply (REV. VII) received on 26 August 2015

In the absence of any new element concerning this petition the Commission would like to refer to its previous communications. In addition, it should be noted that the Regional waste management Plan of Attica (region where Grammatiko is located) is currently being revised by the new regional authorities. Finally, the Commission would also like to recall that the Greek Council of State has ruled on several occasions in favor of the continuation of the project. One of these rulings was delivered after the fact-finding mission that the Petitions Committee carried out in Greece in September 2013. Conclusion

PE567.786v05-00 10/13 CM\1192230EN.docx EN As long as the Waste Framework Directive (2008/98/EC) and the Landfill Directive (99/31/EEC) are complied with, it is up to the Member States to decide on the way they intend to manage their waste, and on the number and location of the intended landfill facilities.

11. Further Commission reply (REV. VIII) received on 31 March 2017

In the absence of any new element concerning this petition, the Commission would like to refer to its previous communications.

The Commission is aware of Decision 3562/2014 of the Council of State of Greece which concludes among other that there is no stream in the area at issue and that construction works can proceed. Consequently, in accordance with the above decision of the Council of State, the initial plan of the project is not annulled or overturned, as there is no current infringement of environmental legislation.

The Commission has been informed that the renewal and modification of the environmental terms of the project have been completed1. The Commission is currently awaiting the completion of the remaining works of the project before making its final assessment regarding the co-financing of the project.

Conclusion

The completion and functionality of the project, as well as the compatibility of the project with the relevant EU legislation, are conditions for the final payment. Specifically, the project must operate in accordance with EU environmental legislation, the decisions of the Cohesion Fund and the approved environmental terms in order for the financial assistance to be granted.

12. Further Commission reply (REV. IX) received on 13 August 2018

Petitions 0078/2007 and 573/2011 (for previous commission replies to petition 0573/2011 please see CM 1125774)

The project 2004GR16CPE10 ‘’Construction of a waste management plant in ''Mavro Vouno Grammatikou'', which is co-financed by the Cohesion Fund of the programming period 2000- 2006, concerns the construction of the waste management plant in the area of Grammatiko.

On 14 January 2015, the Commission services proposed to the Greek authorities a financial correction of 100% of the Cohesion Fund contribution due to the absence of completeness and functionality of the project. In their reply of 16 March 2015, the Greek authorities stated that they do not accept the closure proposal from the Commission services.

Despite repeated assurances from the Greek authorities that the project was being completed, the project is neither completed nor operational. On 29/05/2018, the Commission sent the Greek authorities a pre-correction letter, again proposing a 100% financial correction.

1 protocol number 153176/04.11.2015 ΑΔΑ: Ω5ΠΣ4653Π8-ΝΛΓ

CM\1192230EN.docx 11/13 PE567.786v05-00 EN As regards compliance with the EU environmental legislation, the Commission would like to recall that, as mentioned in its previous communications, the Greek Council of State has ruled on several occasions in favor of the continuation of the project as it considered that the project complies with all relevant EU legislation. One of these rulings was delivered after the fact- finding mission that the Committee on Petitions carried out in Greece in September 2013. The Commission has not received any new evidence following the rulings of the Greek Council of State that would point to the existence of a breach of EU environmental legislation.

The Commission would also like to stress that according to its recent Communication1, it will pursue a more strategic and efficient approach to enforcement and will focus on wider problems with the enforcement of EU law affecting the interests of citizens and businesses. On that basis, the Commission does not intend to analyse every new study or document that is prepared for an individual project, of which compliance with EU legislation has already been analysed and confirmed by the Greek Council of State.

This is the beginning of the formal financial correction procedure

13. Further Commission reply (REV. X) received on 15 October 2019

Petitions 0078/2007, 0573/2011 and 0298/2019

Despite repeated assurances from the Greek authorities that the project was in the process of being finalized, it is in light of the fact that it was neither completed nor operational, that the Commission sent to the Greek authorities on 29 May 2018 a pre-correction letter (Ref. Ares (2018)2771095) proposing again a 100% financial correction for the non-functionality of the project. The finding on environmental legislation violations was dropped.

By letter of 24 July 2018, the Greek authorities upheld their disagreement with the financial correction. By letter of 12 December 2018 (Ref. Ares (2018)4084775) the Commission invited the Greek authorities to a technical meeting, which took place on 20 December 2018 and could be followed by a hearing in due course.

In relation to compliance with EU environmental legislation and the possibility of launching an infringement procedure, the Commission would like to recall, as mentioned in previous communications, that the Greek Council of State has ruled on several occasions in favour of the continuation of this project, considering that its project complies with all relevant EU legislation. One of these rulings was delivered after the fact-finding mission that the Committee on Petitions carried out in Greece in September 2013. Ever since, the Commission has not received any new evidence which would point to the existence of any breach of EU environmental legislation.

1 EU law: Better results through better application (C/2016/8600)

PE567.786v05-00 12/13 CM\1192230EN.docx EN The Commission would also like to stress that, according to its recent Communication “EU law: Better results through better application”1, it will pursue a more strategic and efficient approach in relation to the enforcement of EU law affecting the interests of citizens and businesses. On that basis the Commission does not intend to analyse every new study or document that is prepared for an individual project, and for which the compliance (with EU legislation) has already been analysed and confirmed by the Greek Council of State.

Conclusion

The financial correction procedure is ongoing.

1 C/2016/8600.

CM\1192230EN.docx 13/13 PE567.786v05-00 EN