Greece: Implementation of Environmental Liability Directive: Actors & Procedure

Abstract

In Greece, the Environmental Liability Directive (ELD) provisions have not yet received special elaboration because of how misunderstood its operation within the modern administrative mechanism is, and the fact that many stakeholders may even be unaware of its existence. However, Presidential Decree (PD) 148/2009 transposing the directive into the Greek legislation remains the main legislative instrument, which establishes an environmental liability regime based on the polluter pays principle, focused on the prevention and remediation of environmental damage. Active citizens can play a very important role in the successful implementation of the ELD directive. But, as immediate public participation and informed decision-making is not always possible at an individual level, environmental organizations contribute to raising awareness, informing, and activating society to onset of the ELD procedure. The Greek Ombudsman can also make a unique and crucial contribution in ensuring the implementation of the environmental liability legislation. The power of environmental transparency and the implementation of the Aarhus Convention principles will help implement the ELD regime. Up-to-date, accurate and easyto- find environmental information empowers public and key stakeholders to make informed decisions that impact the environment. The aim of this article is to share the experience gained in the application of ELD and to contribute to a better understanding of the ELD key terms, and to improving the effectiveness of its implementation. Environment, liability, Ombudsman, operator, environmental damage, remediation, compliance, authorities, transparency, prevention