GREECE Law and Practice Contributed by: Evangelos (Evans) Courakis, Evangelos Mylonas Tsoumas, Sofia Andreanoudi, Vassiliki Xynou and Ioanna Marouso Argyriou, Koutalidis Law Firm
The process for amendments in the issued environmental permit depends on whether the changes substantially impact the environment. For non-substantial changes, which typically include improvements like cleaner fuels or better waste management, the authority will review and decide within ten working days. If the changes are deemed substantial, a new Environmental Impact Study is required, following rigorous procedures. For minor adjustments that do not significantly alter the project, a notification is suf- ficient, but the authority has 15 working days to request a full modification process if necessary. 5.4 Eminent Domain, Condemnation or Expropriation Rights to Construct and Operate Electricity Distribution Facilities Transmission and distribution operators in Greece usually secure the rights to install dis- tribution lines, through an easement, which is either contractually agreed or imposed against landowners via expropriation. In particular, the law provides that infrastructure like distribution networks, substations and roads are consid- ered projects of public utility. Thus, if securing an easement on private property is necessary for these projects to be implemented, then such property may be expropriated in accord- ance with the usual expropriation process (Law 2882/2001). The entity benefiting from the expro- priation bears the costs and must compensate the landowner for any damages or loss of use resulting from the construction activities. With regard to public forestry areas, the appli- cable law grants transmission and distribution operators the right to relocate or modify existing electricity networks without needing approval, requiring only notification to the forestry authori- ty. Forestry authority approval is required for new installations, except for underground networks in forests, which only require a notification to the
authorities. Operators must, nevertheless, sub- mit and implement vegetation restoration plans for disturbed areas. Private forest land may be accessed by opera- tors without the forest owner’s consent, though they must compensate the latter for any dam- ages. Additionally, the applicable law provides for compulsory expropriation in the case of installation of electricity transmission and distri- bution networks in such areas without the need to obtain a forest intervention permit. 5.5 Monopoly Rights for Electricity Distribution Entities The National Distribution Network Management activity is a natural monopoly supervised and regulated by RAWEW. Nevertheless, the Ener- gy Law foresees the existence of other closed distribution system operators (CDSOs) operat- ing independently. These CDSOs manage local networks, often within specific industrial or com- mercial zones, providing electricity distribution services similar to those offered by HEDNO but on a much smaller scale. The Energy Law mandates that all DSOs must be independent in terms of legal form, organisation, and decision-making from other activities not related to electricity distribution. This includes specific criteria such as ensuring that manage- ment does not participate in the daily opera- tions of production, transmission or supply, and that the DSO has the necessary resources and decision-making power. A compliance pro- gramme must be established and monitored by a compliance officer, who ensures adherence to confidentiality and impartiality standards. RAW- EW supervises all DSOs and is empowered to impose penalties for non-compliance.
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