. Careful design of a project should aim at the minimization of its environmental footprint; sustainable use of natural resources; protection of the relevant environmental parameters; application of all necessary measures from construction to the end of production life; and reclamation of the industrial site following the closure of the production facilities. Application of environmental management systems including environmental monitoring and reporting will help all stakeholders (project owners, regulators, local communities, NGOs) to cooperate within the framework of sustainable development and Corporate Social Responsibility. At a broader level, responsible planning and policies of industrial companies calls them to employ prevention and mitigation measures to further improve their environmental performance, whether directly through specific initiatives during the project design and operation stage or indirectly through state established green funds. And last, in order to consistently assess the performance and the compliance with prevailing legal framework, an environmental monitoring system is needed. In case of breaching of regulations administrative and legal sanctions must be in place. All the above is regulated in Greece either through specific laws, in compliance with EU legislation, or in a soft law manner. This paper aims at highlighting these aspects.
What are the goals set by the Land Plan for Industry?
Greek planning laws provide for plans drawn at national and regional level setting the overall development policies of the country and region respectively, as well sector specific plans also drawn at national level. Recent law 4269/2014 classifies them as “Strategic Spatial Plans’.
The General Land Plan for the country was issued in 2008 (Government Gazette Issue GG/128/A/03.07.2008), in the framework of the previous planning law (2742/1999) and is still in force. It lists the overall factors affecting the long term development of the country. The Plan makes specific reference to the role of the Industry for the metropolitan and regional development of the country and underlines the need for the installation of industry in organized areas. To specify the above, the ‘Special Land Plan for Industry’, issued also under the previous planning law 2742/1999 for a 5 year period in 2009 (GG/151/ AAP/13.04.2009) lists the industrial fields that are developed in Greece and sets the goals for industry, which must be competitive, decentralized and organized at planning and environmental level (article 3). The Industry Plan provides guidelines for the spatial organization of industry separately for each region at Prefecture level. The recently issued new Plan for Athens, law 4277/2014, takes also into account the general guidelines of the Industry Plan, recognizes the need for the conjunction of Industry with Services, and the need to connect research and industry.
What are the planning rules for industrial activities?
Over the years there has been an effort to restrict industrial activities to organized receptor areas.
Industrial or handicraft activities of higher or lower impact and low, average and high disturbance (judged according to the facilities’ production rate or their installed power as per the criteria set in Decision No. 3137/191/F. 15/2012, GG/1048/B/2012 as amended to reflect recent legislative changes), professional workshops, logistics and storage establishments, business activities of the secondary and tertiary sector (with the exception of shopping centers), applied industrial, energy, metallurgical or high tech research laboratories, electricity plants may be located in organized receptors – lately regulated as ‘business parks’ under law 3982/2011. Many laws in the past have established different categories of such organized receptors such as industrial areas and parks, biotechnical parks, industrial and business areas (known as VI.PE., VI.PA., VIO.PA, VE.PE. established according to Laws 4458/1965, 742/1977 and 2545/1997). Law 3982/2011 embraces all these areas along with ‘business parks’ and calls them ‘organized receptors for handicraft and business activities.’ Business Parks aim to enhance regional and sustainable development, upgrade infrastructures, promote business development and employment, increase the competitiveness of the companies operating in such parks and improve the quality of life of neighboring communities (L.3982/2011, art. 42). The above qualify as Special Spatial Plans, according to the recently modified planning law 4447/16, which may be landplanned following a Strategic Environmetal Assessment (SEA Directive 2001/42/EC, MD 107017/2006, GG 1225/B/2006), initiated by the State or the Project Owner. It is also noted that the land uses were recently redetermined with the P.D 59/2018, GG 114/A/2018)
Are there different categories for Business Parks?
The types of Business Parks envisioned in L.3982/2011 are classified according to the level of disturbance of the facilities to be installed within their boundaries: Type A accommodates activities of all levels of disturbance; Type B relates to average or low disturbance activities; Type C is for low disturbance or unclassified activities; a Special Type is provided for the installation inter alia of Green Businesses etc.
Are industrial or handicraft facilities allowed in other areas?
Although it is desired that industrial activities are planned within such organized receptors, this is not always necessary or possible. For example, smaller installations may be planned within towns (in specifically designated areas) or close to their boundaries, as they may relate to specific markets, such as professional workshops and manufacturing establishments. In other cases, planning may depend on the special characteristics of an activity, for example, mining depends on the actual location of the reserves (mining is not considered as part of the core industry but is covered by the industry to the extent that it is closely connected to it, Special Plan Point 2).
The main issues examined in case of planning in areas other than organized receptors relate to the application of archaeological, forestry and other environmental parameters, which may restrict the permitting of the industrial activity in specific zones within such areas. Especially regarding NATURA areas, the biodiversity law (L.3937/2011) forbids the installation of high disturbance industrial facilities or facilities falling in the scope of Directive 2012/18/EU, Seveso III within the NATURA area boundaries. As far as settlements are concerned, urban plans usually provide detailed land uses for the establishment of such
activities. Law 3325/2005 also provides for the distances that must be kept between towns and such activities (500 meters for low disturbance activities).
What are EIAs and how do they serve environmental protection purposes?
Adverse environmental impacts are best avoided at source. The Prevention Principle proposes measures to protect the environment at an early stage as it aims to prevent any damages before they occur – rather than repair them (EIA Directive 85/337/EEC). Environmental Impact Assessments are assessments of a project’s potential impacts before its implementation. EIAs are therefore one the most important tools for environmental protection, embodying the prevention principle, as they take into account the existing environmental characteristics of receiving areas, explore all potential impacts of the industrial project on parameters of the natural and manmade environment and propose measures to avoid them through Best Available Techniques and thus they help avoiding and preventing adverse impacts. If this is not entirely possible, EIAs propose measures to control or mitigate such impacts. After a number of revisions, the Directive 2014/52/EU is presently in force “on the assessment of the effects of certain public and private projects on the environment”
How is all this applied in practice?
All projects with potential environmental impacts are assessed through specific environmental studies (art. 2, L.4014/2011).
The environmental studies must provide: information for the allowed land uses in the area; a clear description of the project and its emissions; the alternative options that were examined; data on existing status of the natural and manmade environment (flora, fauna, habitats, soil, water, air, climate, local architecture, cultural heritage and archaeological findings/ sites and landscape); a description of the potential significant impacts as to natural resources, emissions and waste disposals and generally all environmental measures; an analytic description of the proposed measures; a draft environmental management system and a monitoring system (Annex II of L.4014/2011).
In case of planning in Natura 2000 areas, a special ecological assessment is necessary, following the provisions of art. 6 par. 3 of the Habitats Directive (92/43/EC) and art.10, L.4014/2011. Such studies are evaluated by the competent authorities, which issue approvals to impose environmental terms for the operation of a project. Environmental terms finally decide and set restrictions and conditions on the implementaation and the operation of a project, the technologies to be applied and the prevention or mitigation measures to be taken. The environmental terms must be in line with environmental and planning laws, environmentally sufficient, directly related to the project, fair, precise, binding and measurable.
Such approvals are valid for 10 years and longer if the permitted projects have environmental management systems in place (14 years for EMAS, 12 years for ISO 14001). The environmental assessment is carried out in one stage, unless the project owner desires a “Preliminary Definition of Environmental Requirements”, provided by either the Ministry or the Periphery, according to the specific category of the project. The law sets a strict time schedule for the completion of the permitting process (appr. 5-6 months for category A1 normal complexity projects and 4 months for category A2 projects), however as documented by the issued Decisions for Approvals of Environmental Terms, published by the Ministry of Environments, (www.aepo.gr), this time frame can be often extended to periods exceeding one year.
Are all projects handled in the same way?
Regarding environmental permitting procedures, projects are listed in two broader categories. The first category (Category A) refers to projects that may cause significant adverse environmental impacts (categories A1 for strong adverse impacts and A2 for less strong impacts). The second category (Category B) refers to projects of non-adverse local environmental impacts. EIA studiesin the sense explained in this paper are necessary only for category A projects. The classification of projects in all categories is done according to the Ministerial Decision 1958, GG/209/A/2011 as amended and being valid, with the MD 2307/2018 (GG 439/B_/2018).
Category A1 projects are permitted at the Ministry of Environment and category A2 projects at the respective Decentralised Administrations.
Category B projects or activities are subject to Standard Environmental Commitments (SEC) which are issued by the competent authority issuing the operating permit for the facility following a statement of the Engineer or the Owner of the facility (art.8, L.4014/2011). So far, more than 25 different Decisions regarding Specifications for such SEC are issued, depending on the type, and specific features of the Project.
What is responsible design and what are Best Available Techniques?
Directive 2010/75/EC on industrial emissions lays down rules for an integrated approach to prevention and control of emissions into air, water and soil, waste management, energy efficiency and prevention of accidents. These rules apply to industrial facilities subject to Integrated Prevention Pollution Control (IPPC -energy industries, production minerals and metals industry, chemical industry, waste management, paper industry, tanning of hides etc, intensive rearing of poultry or pigs, preservation of wood and wood products with chemicals and others). The permit for the operation of the above facilities includes all the necessary measures to achieve a high level of protection of the environment as a whole and it must also include emission limit values for polluting substances set on the basis of Best Available Techniques (BAT), allowing sufficient flexibility to the competent permitting authorities to set emission limit values that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the Best Available Techniques. In order to determine BAT and the level of emissions from industrial activities, BAT reference documents are drawn up. Reference to the use of BAT in industry is made in a number of legal tools in Greece including law 4014/2011 on Environmental Permitting and the decision on the classification of projects and activities (above).
What are Mitigation Measures?
In case of industrial facilities whose construction and operation may potentially cause adverse impacts, additional measures may be imposed, which may also relate to duties to be paid to the Green Fund or other state authorities. It is also often that a project owner, within the social responsibility framework, enters into voluntary agreements with the local communities or other institutions so as to offer environmental related help or other offsets.
Are other permits necessary prior to project operation?
Recent Laws 3982/2011 and 4014/2011 have simplified the permitting process for the installation and operation of industrial or handicraft facilities. In the past, installation, operation, waste disposal permits etc. were also needed for the operation of industries. Installation and operation permits are no longer required as separate permits for low disturbance facilities (Art.19, para 2, L. 3892/2011) or for facilities installed in organized receptors. Average and high disturbance industrial facilities require (prior to their establishment) an installation permit, which is issued following an inspection by the competent authority and is valid for three years (with the possibility for a 6 year extension). Operation permits are issued following an inspection of the authorities conducted within two or three months from the date of the respective application for the average and high disturbance facilities respectively. The above do not apply to electricity production plants and mechanical facilities in Mines and Mineral Processing Plants installed in the Mine or Quarry boundaries. These are governed by specific laws (Law 2244/1994 for the electricity plants and LD 210/1973, Greek Mining & Quarry Regulation GG 1227/Β/2011 & Laws 1428/1984 for mines and quarries, and
the recently issued Quarry Law 4512/2018).
Law 4014/2011 has also simplified the permitting of industries, as various other permits are now merged with the EIA stage, such as permits for the management of solid waste, the disposal of effluents and the intervention in forestry areas (art. 12). Building permits are separate and are issued by the competent building authorities, following any environmental permits.
Are there Monitoring & Auditing Procedures?
Audits may take place at the permitting or more often, at the operation stage. At the permitting stage audits are preventive in order to ensure that taking into account the specific features of the site and the industry under evaluation, the proposed terms are sufficient. At the operation stage audits may be regular or unplanned in order to control and audit the environmental performance of a permitted project and to examine compliance with environmental and operating permits. Inspections and periodical auditing are carried out by registered environmental and other inspectors.
In case of deviations from or non-compliance with the terms of the issued permits there may be penalties or even suspension of operations.
What about Environmental Liability?
Prevention and mitigation of environmental damage is enforced through the furtherance of the “polluter pays” principle. An operator whose activity has caused environmental damage or an imminent threat of such damage is to be held financially liable according to PD148/2009, which harmonized Greek Law with EU Directive 2004/35/EU and according to the provisions of Law 4042/2012 which harmonized Greek Legislation with EU Directive 2008/99. This legal tool motivates industrial operators (IEDIndustrial installations, Waste Management activities, Incineration Plants etc.) to adopt measures and develop practices
to minimise the risks of environmental damage, so that their exposure to financial liabilities is reduced. The operator of the above industrial facilities may make use of private insurance schemes or other forms of financial guarantees, in order to cover the relevant potential liabilities. Specific criteria set forth in Annex I to PD148/2009 are used to measure significant adverse environmental baseline condition changes and Annex II sets the framework for the remedying of environmental damage. Law 4042/2012 also regulates the ‘extensive producer responsibility’ into Greek Law and provides for the co-liability of legal entities to pay potential fines and for the special duty of directors/managers to supervise the application of the laws regarding the avoidance of pollution and environmental degradation.
What are the penalties in case of environmental damage?
For all people or entities that cause pollution or environmental degradation in general (which includes environmental damage according to PD148/2009), in addition to any potential obligation for the restoration of the environmental damage, there may be sanctions: administrative, i.e. fines between 500 and 2.000.000 Euro, according to the seriousness, frequency and kind of the violation (art.21, L.4014/2011, which amended art.30, L.1650/1986); criminal, ranging from 3 month to over 2 years imprisonment, which may reach up to 10 years in case of serious injuries or human death and/or may also be coupled with fines up to 500.000 Euro subject to the seriousness of the damage (art.28, L.1650/1986). The above is applicable notwithstanding any civil law claims for damages.
Concluding:
Despite the delays often reported in the application of these laws and in the issuance of relevant permits, the latest laws for environmental permitting and the operation of industries in Greece, are updated and enhance the sustainable development of industry: they are flexible, they have simplified permitting processes, they embrace Best Available Techniques for the prevention of impacts, they utilize private tools such as accreditation systems, they require regular audits and they allow levels of discretion to public authorities. This along with developments on planning laws and procedures that encourage investments (such as the framework for strategic investments and for state private properties) is expected to create a more investor-friendly environment, which will cater for industrial development with care and respect for the environment.
