Participation of the Observatory in the process of issuing the new environmental terms of Neorio — Environmental Quality Observatory of Syros

Video image source of the Antwerp shipyard “EDR Antwerp Shipyard – Southern Quokka” — Πηγή εικόνας βίντεο του ναυπηγείου της Αμβέρσας «EDR Antwerp Shipyard – Southern Quokka»
https://www.youtube.com/watch?v=Qg2qnYpJfFs

In our previous communication, we have made it known that the Environment Quality Observatory of Syros, in pursuit of its statutory objectives, intends to participate actively in the relevant consultation/procedure for the adoption of the new environmental terms of the Neorio. In this context, we sent a letter to the competent authorities involved.

Details of this document here in GR.

We received a reply/information from the Directorate for Environmental Licensing (DI.PA) of the Ministry of the Environment (on 2.1.2024), according to which:

on 31.10.2023, an environmental study (ES) was submitted to this department for the amendment and renewal of the environmental conditions of the shipyard of the company ONEX NEORION Shipyards S.A. and the study is in the process of being checked for completeness.
there is no procedure for the publication of the environmental study for amending/renewing the environmental conditions and public participation in decision-making through the consultation unless it is considered that due to the variations requested there is a substantial change in the environmental impact from the operation of the activity, in which case a new ES will be required…

The reply of DIPA can be found here in GR.

This development does not detract from our intention to involve our association in the decision-making process that directly affect our legal interests and constitutional rights such as the protection of the environment and public health from systematic pollution, and we have therefore sent a more recent letter to the environmental authorities informing them.

Our latest document can be found here in PDF or just bellow the text.

We are expecting to receive the file for the renewal/amendment of the environmental conditions submitted by ONEX for us to be placed.

May we point out that we would await the publication of the file by ONEX itself, in order to inform the local community of the measures it intends to take as evidence of its public assertions regarding its commitment to the protection of the environment and the residents of Syros from polluting elements, and to hold a public debate on its own initiative. Such dialogue at the initiative of the project promoter is also foreseen for the Preliminary Environmental Requirements phase (which never took place for the shipyard).

Specifically, Article 4 paragraph 5 of Joint Ministerial Decision 1649/45/2014 (Government Gazette, Series II, No 45) provides that:

‘The promoter of the project or activity may conduct, on its own initiative and at its own expense, a public dialogue with the public and the public concerned, on the technical characteristics of the project or activity and their likely main effects on the environment. To this end, it uses all appropriate means at its discretion, such as announcements in the media, organisation of workshops, internet posts of notices and information relating to the environmental impact of the project or activity, etc. The results of the public debate shall be taken into account for further technical planning and for the preparation of the environmental impact study of the project or activity. The public debate referred to above, shall not replace the procedure of public information and public consultation at the stage of the review and evaluation of the environmental impact assessment of a project or activity, carried out in accordance with the provisions of the following Article….”

We are waiting…

09.01.2024

The Management Board

Ref. No: 342

Date: 09.01.2024

For:

Ministry of the Environment, Energy Directorate of Environmental Licensing (DIPA)
Decentralised Administration of the Aegean, Directorate for Environmental Planning of the South Aegean
(as a new ‘competent environmental authority’ for shipbuilding activities of subcategory A2 in accordance with Government Gazette 986/Β/23.02.2023)

Copy to:

Region of South Aegean
- Regional Council
- Directorate for Environment and Spatial Design of Cyclades
Municipality of Syros Ermoupolis
- Municipal Council
- Municipal factions
Cyclades Medical Association
EMDYDAS/Cyclades Department
Chamber of Designers of Cyclades Engineers
ELME A Cyclades
Association of Parents of the Municipality of Syros Ermoupolis

Subject: Further information on our intention to participate in the procedure for issuing the new environmental conditions (AEPO) of the NEORIO Syros shipyard.

Reference: (incorporating virus-free electronic connectors):

LAW 1650/86 (GOVERNMENT GAZETTE, SERIES I, NO 160): — “For the protection of the environment”
Law 4014/11 (Government Gazette, Series II, No 209 Α/21.09.2011) – ‘Environmental authorisation of projects and activities,…….’
Joint Ministerial Decision 1649/45/2014 (Government Gazette, Series II, No 45) specifying the procedures for opinions and how the public concerned is informed and involved in public consultation during the environmental licensing of Category A projects and activities under Decision No 1958/2012 of the Minister for the Environment, Energy and Climate Change (Government Gazette, Series I, No 21), in accordance with Article 19(9) of Law ν.4014/11 (Government Gazette, Series I, No 209), as well as any other relevant details;
Joint Ministerial Decision No 14514/15.02.2023 (Government Gazette, Series II, No 986 Β/23.02.2023) “Amending point 92108/1045/Φ.15/2020 on the classification of manufacturing and related activities in the categories referred to in par. 1 Article 1 of Law 4014/2011 (Government Gazette, Series A, No 209), according to which the activity ‘Shipment, retrofitting, repair, dismantling and maintenance of ships and vessels’ for ships <350 metres in length falls under subcategory A2 and therefore the Decentralised Administrations are the competent environmental authorities in this case.
JOINT MINISTERIAL DECISION 36060/1155/Ε.103/13 (GOVERNMENT GAZETTE, SERIES II, NO 1450 Β/14.06.2013): “Establishment of a framework of rules, measures and procedures concerning integrated prevention and control of pollution of the environment from industrial activities, in compliance with the provisions of Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control)” of the European Parliament and of the Council of 24 November 2010 ( in particular Chapter II)
Our letter with Ref.No. 307/11.12.2023 – ‘Information on our intention to participate in the procedure for issuing the new environmental terms (AEPO) of the NEORIO Syros Shipyard & Request for providing informations and documents’.
Letter with Ref.No:133385/8923/02.01.2023 from the Directorate for Environmental Licensing (DIPA) of the Ministry of the Environment and Energy – ‘Reply to request from the Environment Quality Observatory of Syros’

Dear all,

With our letter ref. (6) above, we let you know that our association wishes and intends to participate actively in the consultation/procedure for issuing the new environmental conditions of the Neorio Syros shipyard, providing you with all the information we have collected and processed relating to the past operation of the shipyard, as well as our comments and proposals on the new Environmental Impact Assessment (EIA), the Technical Reports and the new proposed draft of the Shipyard’s Environmental Conditions Approval Decision (AEPO).

We also asked you to provide us with the entire file submitted to you by the operator of the shipyard (new EIA or a study for the renewal/amendment of the Environmental Conditions (EO), technical reports, opinions, draft proposed new EOs, etc.) for the issuing of the new AEPO or the amendment/renewal of the existing one in order to provide you with our comments and proposals.

In your letter referred to in (7) above, you informed us that on 31.10.2023, the company ‘ONEX NEORION Shipyards S.A.’ submitted to your department an environmental study for the amendment and renewal of its shipyard’s environmental conditions and that the study in question is in the process of audit of completeness. You also informed us that there is no procedure for publicising the environmental study for amending/renewing the EOs and for public participation in decision-making through the consultation, unless it is considered that due to the requested variations there is a substantial change in the environmental impact from the operation of the activity, in which case a new EIA will be required.

Further to the above, please note that our intention to intervene in the procedure for issuing the new AEPO remains active, regardless of the fact that there may be no mandatory public consultation (unless a new EIA is required).

We assume that the failure to carry out a mandatory public consultation (within the meaning of the obligation of the competent environmental authority to conduct it as a prerequisite for issuing the environmental permit) does not detract from our right, as citizens whose legitimate interests are at stake due to the degradation of the environment in our city due to intense polluting activity and the resulting risks to public health, to refer the matter to the competent authority for environmental licensing during the decision-making process, submitting data and comments in order to be taken into account.

Moreover, informing the public prior to the adoption of the decisions, which is also provided for in the specific case of amendment and renewal of the AEPO, regardless of the fact that no mandatory public consultation will be carried out (as provided for in Article 6 of ref. doc. 3 above) would be a meaningless decision if this public had no opportunity to intervene in the procedure and simply received information as a fait accompli regardless of whether or not their legitimate interests and/or constitutional rights are affected.

We consider that article 19 par. (5) of Law 4014/11 (Article 5 of Law 1650/86), which defines that: “it is mandatory to inform the public concerned in a timely manner, as well as to ensure their participation in the decision-making processes by issuing an opinion”, is crystal clear.

In our letter ref. (6), we have already brought to your attention several elements and documents (important in our view) and we thank you in advance for take in them into account.

We are very concerned that several of these data and of what we intend to submit in addition have not been brought to your attention neither by the operator of the activity nor by the audit authorities. In any case, we consider that they will be useful to your department regardless of the ongoing procedure (e.g., during the planned periodic review of the AEPO in the context of Article 17 of letter ref. 5 above in order to bring it into line with the new or updated conclusions of the Best Available Techniques relating to the industry).

As regards our request for the provision of the file submitted by the shipyard and the fact that it will be available for dispatch to our association (with we transfer) after your department has carried out a completeness audit and any completion of it, we would like to thank you in advance for sending and we await to receive it.

To conclude, let us share a todays’ picture of the situation in the middle of the city. Toxic powder of a sand blasting mixture, rust, reef colors and biological load spreads to where the wind busts.