Annual report 2002 - EOI

102 ANNUAL REPORT | 2002
would be included in a horizontal proceeding against Greece for infringement of the
Directive 85/337/EEC.
2.5 On 27 July 1998, the Commission decided to fund the project under the Cohesion
Fund (decision E(98)2297). On 20 April 1999, the Commission informed the complainant
that it would close the case, as the Directive did not apply to the project in question which
was described in the decision of the Prefecture of Preveza n° 667 of 28 February 1986,
which predates the entry into force of the Directive.
2.6 In observations, the complainant argues that the Directive 85/337/EEC is applicable
to the project in question, because the application for the implementation of the project
was submitted by the municipality of Parga on 28 February 1995, i.e. after the entry into
force of the Directive. The complainant referred to ruling 744/1997 of the Greek Council
of State, which confirms this date. The complainant argued that the decision of the
Prefecture of Preveza n° 667 of 28 February 1986 merely approved a preliminary study
for the biological treatment plant and contained no specific reference to the site of the
proposed biological treatment plant.
2.7 It appears from the above that the main dispute between the complainant and the
Commission concerns the question whether Directive 85/337/EEC is applicable to the
project under consideration. The Ombudsman notes that Directive 85/337/EEC entered
into force on 3 July 1988 32 . The complaint to the Commission was lodged on 7 July 1995,
seven years later.
2.8 As a preliminary point, the Ombudsman would like to underline that the Greek
Council of State, in its judgements 744/1997 and 3221/1999, neither addressed the question
of applicability of Directive 85/337/EEC in time, nor made a reference to this
Directive. Nor does it mention at all the decision of the Prefecture of Preveza n° 667 of 28
February 1986.
2.9 The law which transposed the Directive 85/337/EEC into Greek national law is the
Law n° 1650/1986 “For the Protection of the Environment” of 10 October 1986 (º∂∫
160/A) 33 . As regards the authority which is competent to decide on the project, article 4.2.b
of the above law provides that “the consent for environmental requirements for the works
and the activities falling within this category is granted by a joint Decision of the Minister
of Environment, Regional Planning and Public Works in conjunction with the competent
Minister at issue” (translation from Greek by the Ombudsman’s services) 34 . It appears
from this law that the consent for the project is given by a joint Ministerial Decision.
2.10 In the present case, it appears from the documents in the file that, on 28 February
1995, the municipality of Parga submitted an application (document 233/28.2.1995) to the
Ministry of Environment, Regional Planning and Public Works. On 10 October 1995, a
first decision 85202/5142/10-10-1995 from the Ministry of the Environment, Regional
Planning and Public Works was taken concerning the location of the sewage treatment
plant at the “Varkas” site. Later, on 18 March 1997, the Joint Ministerial Decision
121227/18-3-1997 was taken which approved the environmental conditions for the biological
treatment plant at the “Varkas” site. It was this Joint Ministerial Decision which gave
definitive approval to the project.
2.11 As regards now the application of the directive in time, the Court of Justice has, in
its judgement C-431/92 of 11 August 1995, stated that “the date when the application for
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34
Article 12 (1) provides that Member States shall take the measures necessary to comply with this Directive
within three years of its notification. The Directive was notified to the Member States on 3 July 1985.
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