Source: European Parliament
The Commission carried out an informal dialogue with Greek authorities and assessed the study of the Technical University of Crete and the report of the Hellenic Centre for Marine Research of 2012[1] in order to verify compliance with the Waste Framework Directive[2] as interpreted by the Court of Justice of the EU in Case C-135/05[3].
The Commission concluded that based on the available evidence[4] regarding the reports and actions already taken by the Greek authorities after the accident (impact study on pollution, continuous monitoring of the zone affected, etc.), no breach of EU law could be established.
However, the Commission also informed the Greek authorities that they should remain vigilant as the adverse effects of the shipwreck could be revealed after a prolonged period of time.
The Commission is not aware of any judicial expert opinions from 2019 and 2020 quoted by the Honourable Member.
Member States have a primary responsibility to monitor the application of the relevant legal provisions and to take the necessary steps for enforcement. In its role as guardian of the Treaties, the Commission will continue monitoring the situation and may decide to take appropriate action.
The Commission aims to swiftly follow up on systemic issues involving the application of EU law in EU countries. However, one-off instances are better dealt with at national level, as long as there are available remedies, including judicial ones. In these cases, it is up to the national courts to apply and enforce citizens’ rights under EU law.
Should new elements arise, including pollution of the area, national courts are competent to verify the adequacy of the measures implemented by the Greek authorities with national and EU legislation.
- [1] Report entitled ‘Μελέτη των επιπτώσεων της ρύπανσης που προκλήθηκε από το ατύχημα του κρουαζιερόπλοιου “Sea Diamond” στον όρμο Αθηνιος της Νήσου Θήρας » transmitted to the Commission by the Greek authorities.
- [2] Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, OJ L 312, 22.11.2008, p. 3-30, as amended by Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May, OJ L 150, 14.6.2018, p. 109-140.
- [3] https://curia.europa.eu/juris/liste.jsf?language=en&num=c-135/05.
- [4] i.e. absence of clear-cut evidence of the deterioration of the marine environment.