The Greek parliament approved on May 5, 2020 a comprehensive environmental bill, which was published in the Official Government Gazette (Issue Α 92/07.05.2020) as Law no. 4685/2020 and aims at the protection of the natural environment ensuring sustainable development and terminating the energy dependency of Greece on coal. The Law reforms the existing legal framework harmonizing it with EU Law and “Green Deal” and covers a broad range of environmental issues, some of which are the following:

  • Simplification of Environmental Licensing

The Environmental Conditions Approval Decision (AEPO in Greek), which is the environmental authorization of projects and activities, has proven to be a time-consuming administrative process and therefore a significant deterrent to the promotion of investments. Seeking the balance between compliance with the European Environmental Regulations and promotion of major economic projects, the Lawmakers included the following provisions:

  1. extension of the duration of the AEPO by 5 years
  2. acceleration of the administrative process for the issuance of the AEPO by establishing short exclusive deadlines for the competent authorities to respond and by assigning the review of the submitted environmental studies to certified evaluators
  3. simplification of the procedure of renewal and/or modification of already issued AEPOs
  4. introduction of Electronic Environment Register (EER) where the submitted applications, opinions of the competent bodies of Administration, AEPO plans and relevant correspondence will be circulated exclusively through the Electronic Environment. The public consultation, where required, will also be conducted through the EER.
  • Maximization of Renewable Energy projects

Facing the challenge of putting an end to the dependency of the country on coal and facilitating the penetration of renewable energy sources (RES) in electricity generation until 2030, the Greek government attempts to create the appropriate conditions through improved and simplified licensing procedures. Some of the beneficial provisions are the following:

  1. adoption of a clear, rapid and transparent licensing process, which requires reduced supporting documents and is being expedited due to automated control conducted by a new information system
  2. introduction of Electronic Environment Register for the automated processing of the submitted documents, plans and special conditions of installation and operation of the project (e.g. exclusion zones, distance maintenance etc.), as well as for the conduct of public consultation, where required
  3. reduction of the lump-sum application fee, which will be calculated on a basis of 60 EUR/MW and its maximum value will not exceed the sum of 12.000 EUR
  4. determination of the location of RES projects based on the Special Framework for Spatial Planning and Sustainable Development
  5. in cases of excess of the carrying capacities, land overlaps or simultaneous utilization of natural resources, the competent authorities permit the candidates/interested parties to set an arrangement in compliance with the relevant regulations
  6. especially for wind farms, there is a provision of permitting -under conditions- their installation in spite of excess of the carrying capacities
  7. obligation of the owner of the RES project to restore any environmental damage due to the dismantling of the project
  • The update of the Forest Charter

The publication of the Forest Charter continues to constitute a main priority for the Greek government in order to put an end to a state of insecurity concerning the forestry status of many tracts of land. To this end, the Law provides a total reform of the relevant regulatory framework, since it

  1. accelerates the process of the examination of objections by the Appeals Committees (EPEA) regarding the characterization of forest areas;
  2. safeguards the protection of the natural and cultural environment through the proper depiction of the forest areas preventing, thus, harmful activities to take place; and
  3. creates a climate of stability, ideal for new investments, as the framework is no longer vague and complex.
  • The valorization of environmentally protected areas

Environmentally protected areas, either by the NATURA 2000 framework or by national legislation provisions, are now open for activities of sustainable use/management of their natural resources. The scope of these activities is subject to relevant regulations of the Protected Area Designation Act in order for the ecological degradation in the protected zones to be avoided. These zones may also include areas that fall under special regimes (such as forests, archeological sites, natural habitats etc).

  • Funding for the construction of sewerage network

For several designated settlements/agglomerations, the Greek state through their Public Investment Program or other programs co-financed by the EU will cover the cost for the construction of a sewerage network for the processing of municipal wastewater, which is considered a project of major investment interest.

In the aftermath of the vote, the Association of Administrative Judges expressed its concerns about the new environmental Law and specifically about the rapid environmental licensing procedures, which -according to them- will not objectively ensure full control of environmental legislation, the provisions relating to hydrocarbon exploration in coal deposits and the abolition of the regime, which governs the environmentally protected areas. The implementation of the new environmental Law and the response of the administrative courts remain to be seen.

Prepared by the team at Ioannis Vassardanis & Partners.

The contents of this publication, current at the date of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.