A negative decision for S&B by the CoS

The Council of State (CoS) gave a negative answer to the request by S&B, a company of the entrepreneur Odysseas Kyriakopoulos, asking to suspend the Health minister's decision of 21.9.2011, whose measures were imposed to protect the health of the residents of Milos from the diffusion of perlite in the air and water, generated due to mining activity on the island.

 

The company had resorted to the CoS and asked for the suspension of the implementation of the decision, arguing that it would suffer irreparable damage. And it will suffer this damage because - according to the company - the decision provides for the burial of mining waste.

 

It should be noted that S&B has perlite mining, processing, storage and disposal sites in Tsigrado and Boudia in Milos. The following mining waste is produced from these industrial facilities: 1) solid aggregates which are discarded in mines and 2) perlite fine powder which, after processing, is thrown into the sea (Cape Mouri).

 

In 2007 inspectors from the ministry of Health conducted investigations in which they found an increased number of ophthalmological cases attributed to perlite, and proposed to conduct epidemiological studies for detection of the effects.

 

In 2011 the Center for Control and Prevention of Diseases (KEELPNO) conducted a study and found that Milos island "has a definite issue of ophthalmological problems, especially from irritation, and there is strong evidence to support the serious problem of chronic lung diseases." It was followed by the decision of the minister of Health, who imposed measures to protect the health of the inhabitants of the island.

 

S&B appealed to the CoS against that decision. However, its request fell on deaf ears as the Supreme Court, with its decision no. 164/2012, rejected this request. The CoS ruled that the company’s claim of suffering irreparable damage is invalid, as the burial of waste does not begin immediately. Also, it ruled that the damage to its reputation the company claims it would suffer from the application of the relevant ministerial decision, can be "fully repaired" if the main appeal is accepted by the CoS.