Ministerial Joint Decision No. 11764/653 on public access to environmental information and repealing MJD No. 77921/1440/1995.

This Decision provides for the collection and dissemination of environmental information and access to justice in compliance with Directive 2003/4/EC of the European Council on public access to environmental information. It also regulates dissemination of environmental information through electronic databases and public telecommunication networks (article 7). Access to environmental information is ensured to any person according to article 3; every natural or legal person can access environmental information by submitting a relevant written request. The written request enters the public authority s register (protocol) under a certain number and a registration receipt is given to the applicant. Public authorities make available environmental information to any applicant within the deadlines set by law; at the latest within 20 days after the receipt of the request by the public authority or within two months after the receipt of the request if the volume and the complexity of the information is such that the 20-day period cannot be complied with (article 3, paragraph 3). If a request is formulated in a too general manner, the public authority asks the applicant as soon as possible to specify the request and assists the applicant in doing so. If the information requested is not held by the public authority to which the request is addressed the public authority transfers the request to the competent authority within three days and informs the applicant accordingly (article 3, paragraph 4). Article 3, paragraph 7, deals with specific form and formats for providing the information requested by the applicants.
The grounds for refusal are specified in article 4. Public authorities may refuse a request for accessing to environmental information for the reasons and exceptions provided under article 4, paragraphs 3 of this article. For the purposes of the application of sub paragraph (f), concerning the confidentiality of personal data relating to a natural person, public authorities take into consideration the requirements of the provisions of law No. 2472/1997 which has transposed Directive 95/54/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data. According to article 5, access to any public registers or lists established and well as visioning in situ of the information requested, is free of charge.
The enactment of this Decision has also contributed to facilitating public seeking access to justice in environmental matters. According to article 6, citizens have the following possibilities for administrative and judicial review: (a) file an action for compensation before the Special Committee as provided by Law 1943/1991 (art. 5, para. 13); (b) file an action for compensation before the competent court according to the civil liability provisions; (c) file a quasi-judicial recourse before the Special Committee as provided by Law 1943/1991 (art. 5, para. 13) for the modification or reconsideration of the acts or omissions of the public authority. The interested physical or legal person has the right to file an administrative recourse before the Administrative Court, against the decision of the above Special Committee.
This decision repeals MJD No. 77921/1440/6-9-1995 on access to environmental information. By the repealed Decision, a Committee on Access to Environmental Information had been established, competent for the administrative review of the applicant s request rejection by the public authority. Today, according to the present Decision, this Committee has been replaced by a Special Committee established by Law 1943/1991 (art. 13, para. 5) as amended, which is now competent for the above administrative review of the applicant s request rejection.