Machine Translated by Google Signature Not Verified Digitally signed by Theodoros Moumouris Date: 2012.04.11 22:18:55 EEST Reason: Signed PDF (embedded) 2311 Location: Athens, Ethniko Typography GOVERNMENT GAZETTE of the Hellenic Republic ISSUE ONE No. Sheet 86 April 11, 2012 NOMOS YP' NO. 4072 see permits, decisions or approvals for all kinds of activities, Improvement of business environment - New company take care of electronic traffic ric form ÿ Signals ÿ Realtors ÿ Regulation their interconnection and the operation of an integrated maritime, port and fishing issues and others information system, in the context of which the submission you say provisions. of applications is made in electronic form , the electronic circulation between the co-competent THE PRESIDENT services and their final processing. of the Hellenic Republic 4. If for the issuance of any permit, approval, decision or We issue the following law passed by Parliament: opinion by state central and regional authorities and legal entities under public law, data kept on the basis of the PART ONE General Commercial Register (G.E.M.I.) are required, these IMPROVING THE BUSINESS ENVIRONMENT data are sought by the competent agency. CHAPTER A HORIZONTAL LICENSING PROVISIONS 5. The reception centers for applications for the issuance of permits, decisions or approvals are obliged to Article 1 maintain a website, which includes all the information about Simplification of licensing procedures the procedures, supporting documents and administrative 1. The Licensing Authority posts on its website for reasons acts and opinions of transparency the licenses, decisions and approvals it grants required for the licensing of all kinds of activities. issues, in accordance with the current legislation sia, as well as the inspection reports it issues 6. For the issuance of any license, approval or certificate, within the framework of the licensing process for all activities as well as for the formulation of an opinion, it is sufficient to and compliance with the conditions of their legal exercise. present the supporting documents provided are expressly stated in the law or regulatory acts. It is not 2. If the name of the body of the applicant changes permitted for the competent authority to seek additional transfer or transfer for any reason part or all of the corporate supporting documents and, if provided, they are not taken shares or shares of a company, depending on the nature of into account for the issuance of the deed. Violation of the the business as an individual or any type of company, the provision of the previous paragraph constitutes a disciplinary license that has been issued is checked and modified only offense on the part of the authority with regard to the information of the entity that was of two employees. differentiated. Certificates, decisions, approvals, which have 7. Within six months of the publication of this been issued for the business, are still valid until they expire According to the law, the Ministries must review their and it is not required to present new ones. legislative regime regarding the granting of permits, with the aim of reducing: (a) the required permits and (b) the If the change consists in adding a new action individually required rights establishment for which licensing is required, the certificates, logic and their abolition or replacement with responsible decisions and approvals that have been issued and concern declarations, in accordance with article 10 of Law 3230/2004 the activity already carried out (ÿÿ44). The General Secretariat of Industry of the Ministry of are not re-searched. In this case , the company is required Development, Competitiveness and Shipping monitors the to provide a responsible statement certifying that the implementation of the provisions herein. conditions for granting the initial 8. Paragraphs 1 and 2 do not apply to licenses issued by license holder. the General Directorate of Customs 3. The state central and regional authorities and of youth and E.F.K. in accordance with provisions of International Conventions legal entities under public law, which issue bases and the Community or special national legislation Machine Translated by Google 2312 GOVERNMENT GAZETTE (ISSUE ONE) legislation in the context of customs and tax policy. of Shipping and as members the Ministers of Finance, Exoÿ rics, Environment, Energy and Climate Change of Land, Infrastructure, Transport and Networks, Culture and CHAPTER II Tourism and the competent Minister as the case may be, STATUS IMPROVEMENT who proposes the matter of his competence. If in D.E.S.E. a STRATEGIC INVESTMENTS minister who has been appointed and Deputy Prime Minister Article 2 participates, the presidency of D.E.S.E. is exercised by the Amendment of provisions of Law 3894/2010 (Aÿ 204) Vice-President, who is deputized by the Minister of Development, Competitiveness and Shipping. The operation 1. Paragraph 1 of article 1 of Law 3894/2010 replaces of D.E.S.E. governed by the provisions of Law 1558/1985. it reads as follows: The secretarial support at D.E.S.E. provided by the General "1. Strategic Investments, for the application of the Secretariat of the Army provisions of this law, means the production parent Investments. investments that bring quantitative and qualitative results of 2. D.E.S.E. can, with its decisions, determine its mode of significant intensity to the overall national operation." economy and promote the country's exit from the economic 4. Case b of par. 2 of article 3 of n. crisis. They relate in particular to the construction, 3894/2010 is replaced as follows: reconstruction, expansion or modernization of infrastructure "b) the transfer of knowledge and know-how, the pro- and networks: (a) in industry, (b) in energy, (c) in tourism, (d) visible increase in employment, the regional or local in transport and communications, (e) in the provision of development of the country, the strengthening of health services, (f) in management entrepreneurship and the competitiveness of the national waste, (g) in high-tech and innovation projects, as long as economy and especially of industry, the adoption they meet at least one of the following conditions: innovation and high technology, the increase in export activity, the protection of the environment (a) the total cost of the investment is over one hundred competition and saving energy." million (100,000,000) euros, regardless of the investment 5. A paragraph is added to Article 3 of Law 3894/2010 sector, or graph 4 as follows: (b) the total cost of the investment is over fifteen million "4. D.E.S.E. by its decision, taken on the initiative (15,000,000) euros, for investment and recommendation of its President or the Minister of in the field of industry within existing organizations Development, Competitiveness and Navy recipients in accordance with the present provisions, or three tilias or the minister supervising the project as the case may million (3,000,000) euros for investments that constitute be, may assign to "Invest in Greece S.A." the structure of approved projects within the framework of the JESSICA final investment proposals portfolio (capital) fund established pursuant to No. 35996/ÿÿÿ of minimum specifications, which are included in the 5362 (1388/ÿÿ /2010) ministerial decision, as applicable each procedures of public investment strategies time, based on the procedure defined in articles 1 par. 1 and sence. D.E.S.E., with the same decision, authorizes "Invest 5 par. 1 of the above decision or in Greece S.A." for the preparation of integrated public investment project files (c) the total cost of the investment is over forty of Strategic Investments, as well as any other necessary million (40,000,000) euros and the same action regarding licensing, use years from the investment, at least one hundred and twenty financing and investment utilization of said investment (120) new jobs are created, or projects including the requirements (d) the investment sustainably creates at least one hundred necessary preparatory actions." and fifty (150) new jobs." 6. Paragraph 2 of the first article of Law 2372/1996 (A' 29), as amended by Article 12 of Law 3049/2002 (A' 212) and 2. In par. 3 of article 1 of Law 3894/2010 additional Article 4 of Law 3894/2010, is replaced as follows: case g' is set as follows: "g. "Industry", for the purposes of this law, is any main "2. "Invest in Greece AE" operates for the sake of the public activity described in categories 10-33 of the Statistical interest according to the rules of the private sector Classification of Economic Activities (STAKOD 2008) of the otic economy and is supervised by the Minister of Hellenic Statistical Authority, as they apply Development, Competitiveness and Shipping. The "Epen- west in Greece AE" is governed by the provisions of this law are listed in Appendix I of this law. With fromÿ and additionally by the provisions phase of the Minister of Development, Competitiveness and actions of Mr. 2190/1920, and is exempted from the provisions Shipping may be added or removed from Annex I, exclusively of Law 3429/2005 (ÿÿ314)." for the implementation of this law, economic activity categories 7. Paragraph 2 of article 5 of Law 3894/2010 replaces it reads as follows: these." "2. In case of inclusion of a strategic investment pursuant 3. Article 2 of Law 3894/2010 is replaced as follows: to paragraph 4 of article 3 of this law, the preparation of investment plans "1. An Interministerial Committee for Strategic Investments files is carried out in partnership with the project owner and, (D.E.S.E.) is recommended, in which they participate as Pre- where necessary, by assigning specialized consultants. If for Dr. the Minister of Development, Competitiveness and the services, where Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2313 provided in paragraph 1 of this article , the provision with the total cost and the strategic nature of the of third-party services (subcontractors) is required, the investment." relevant expense is included in the remuneration of the 12. Case a' of par. 1 of article 14 of n. bulls. In any case, for the provision of services 3894/2010 is replaced as follows: rations and the proper execution of the contract is the "a) Business plan of the investment responsibility of the consultant contracted with "Invest in which includes, among other things, the identity of the Greece S.A." in the context of this article." investor and his partners, reference to the previous 8. Article 6 of Law 3894/2010 is replaced as follows: experience of the investor in relation to the type and nature of the proposed investment, description of the investment, "1. For the realization of investment strategies description of individual investments with more specific prior environmental approval is required reference to them which fromÿ conditions, granted by decision of the Minister of development of new technologies and environmental Environment, Energy and Climate Change, in derogation protection, description of the method proposed for the of any other provision. For this purpose , a relevant implementation of the project, description of the individual application, accompanied by the supporting documents activities and services to be provided required by law, is submitted to the department responsible environmental and urban characteristics of the properties for the approval of the environmental conditions of the provided for in the plan, analysis of the budget of the total Ministry of Environment, Energy and Climate Change. For and individual investments, analysis of the implementation the rest, the provisions of Law 1650/1986 (Aÿ 160) apply. schedule of the investments and their operating period , analysis of 2. As long as the environmental conditions of the projects the project's financing structure , analysis of the project's and activities included in the strategic investment have cash flows for the construction period of the infrastructure been approved, in accordance with the previous paragraph, and the time of operation and exploitation, listing of the it is not required to issue opinions of services and bodies bases that have already issued opinions during the environmental efficiency indicators, reference of any form of assistance licensing process that has been requested from the State, analysis of sis. possible direct or indirect compensations 3. It is not allowed to implement an investment that is subject to stical benefits in favor of the State." referred to in this law, in areas of the NATURA network, 13. The last paragraph of paragraph 4 of article 14 of which have been explicitly designated as Law 3894/2010 is replaced as follows: areas of absolute protection of nature in accordance with "With the proposal of the President of D.E.S.E. or the Secretary of State paragraphs 1 and 2 of article 19 of Law 1650/1986 (A' of Development, Competitiveness and Shipping, the 160)." decision of D.E.S.E. for the inclusion of the investment 9. Paragraph 3 of article 7 of Law 3894/2010 replaces proposal in the Strategic Investments Procedure may be it reads as follows: introduced for ratification by the Parliament." "3. The building conditions and restrictions for the project 14. A paragraph is added to Article 14 of Law 3894/2010 mapping of Strategic Investments in fields located in areas paragraph 7 as follows: outside approved city plans , outside the boundaries of "7. The competent services and organizations of the State settlements with less than 2,000 inhabitants and outside public sector and the wider public sector the boundaries of settlements existing before the year to provide with absolute priority to "Invest in Greece S.A." 1923, which lack an approved plan, and any necessary assistance, information and facilitation for are appointed by a presidential decree, issued following a the realization of its purpose within the framework of this proposal by the Minister of Environment, Energy and law. Unless expressly stated otherwise, it is presumed that Climate Change and a prior opinion of the Central Council for the procedures of this urgent law, the entity is "Invest for Urban Planning and Am- in Greece S.A."." of disputes (KESYPOTHA), at the request of the Implementation Body." 15. Article 15 of Law 3894/2010 is replaced as follows: 10. Paragraph 2 of article 8 of Law 3894/2010 replaces it reads as follows: "2. The concession is allowed after the issuance of the Article 15 presidential decrees of article 24 of this law and in Obligations of participants in the procedure accordance with the more specific conditions specified strategic investments therein." 1. (a) After the decision of D.E.S.E. for the inclusion of 11. The first paragraph of paragraph 1 of article 9 of Law the investment in the Strategic Investment Process 3894/2010 is replaced as follows: transactions, the investor submits to "Invest in Greece "1. By joint decisions of the Environment Ministers S.A." complete file of the supporting documents required of Energy and Climate Change, Infrastructure, by law for the approval and issuance of the relevant Transport and Networks and the appropriate licenses together with: (1) proof of payment of the of Ministers, following a request from "Invest in Greece Administrative Promotion Fee of the file to "Invest in S.A.", the auxiliary and accompanying external infrastructure Greece S.A." and (2) letter of guarantee projects that are necessary to serve the Strategic participation, a reputable bank, with a first demand clause, Investments are defined, as long as their costs are not for the solvency of the investor, the authenticity and disproportionately high in relation to accuracy of the supporting documents. Machine Translated by Google 2314 GOVERNMENT GAZETTE (ISSUE ONE) (b) The Promotion Management Fee is returned to 2. The amount of the Administrative Promotion the private investor, if the investment cannot be Fee is set at 0.2% of the total cost of the investment completed due to inactivity or unjustified diss. The amount of the Administrative Promotion Fee delay in fulfilling the obligations of "Invest in Greece cannot exceed the amount of one hundred and fifty S.A." and of D.E.S.E. thousand (150,000) euros. (c) "Invest in Greece S.A." is obliged to forward the 3. The amount of the Administrative Evaluation Fee relevant file to the services responsible for issuing the is defined by a decision of the D.E.S.E., common to all permits, in accordance with the written provisions, investment proposals. With its decision, the D.E.S.E. can within a period of five (5) days from its filing. to set an additional special Management Valuation Fee for the revaluation of investment projects 2. The investor bears the burden of completeness, acriÿ trends, in the event that after the completion of their accuracy and truthfulness of the information submitted evaluation these have been significantly differentiated to the services that are legally responsible for licensing at the initiative of the investors. The amount of the and is obliged to cooperate with "Invest in Greece special Administrative Evaluation Fee (reevaluation) is S.A.", if called upon to do so, in order to fill in common to all investment proposals and cannot exceed deficiencies. If false information is submitted fraudulently 50% of the initial Administrative Evaluation Fee. or fraudulently negligence, the inclusion of the investment in the 4. The amount of the participation guarantee letter of Strategic Investments Process is revoked by a decision paragraph 1a of article 15 of this law is set at a rate of of the D.E.S.E. By the same decision it is stipulated 0.5% of the total cost of the investment." that the letter of guarantee of paragraph 1 in favor of "Invest in Greece SA" is forfeited at the same time. 17. Article 17 of Law 3894/2010 is replaced as follows: 3. The participation guarantee letter is returned to the investor at the end of the licensing procedure "1. Public Strategic Investment (PSE), which meets sia, as defined above. If there is an unjustified delay on the conditions and criteria of articles 1 to 3, may be the part of the investor in fulfilling his obligations subject to the provisions of this law by a decision of the provided for in paras PSE, or at the request of kyÿ graphs 1 and 2, the process can be interrupted immediately of the project, signed by the responsible or supervising of his investment in the Strategic Investments Process, Minister, or by decision of the D.E.S.E. in accordance by decision of the D.E.S.E. after an opinion from "Invest with article 3 paragraph 4 of this law. in Greece SA". If the diÿ is interrupted unfairness of inclusion, the provisions of this law do not 2. Specifically for the decision of the D.E.S.E. for apply to this investment and "Invest in Greece S.A." belonging to D.S.E. in the provisions of this law returns the file to the investor together with the licenses I am presented with a file in which I describeÿ issued pursuant to this law, and all procedures briefly: the investment as a whole, its individual parts, the method of its implementation, estimate pending before any authority continue and be measurement on its budget, the services it will provide completed, with the diligence of the investor, before the and the social needs it will cover, and additionally, competent authorities and services, as provided especially in the cases of application of paragraph 4 of by the applicable legislative provisions. Any licenses article 3 of this law, proof of payment of the File deemed to have been granted pursuant to paragraph 1 Management Fee . of article 22 of this law shall be considered automatically revoked." 3. The D.S.E., with its decision on the approval of the 16. Article 16 of Law 3894/2010 is replaced as follows: inclusion of the investment in the Strategic Investment Process, also determines, based on the estimated cost of the D.S.E., the amount of the Administrative "Article 16 Promotion Fee, as well as, in the case of paragraph Authorization fou 4 of article 3, of the Administrative Fee Epimeÿ 1. By decision of the D.E.S.E. the amount of the of the Investment Proposal File, which must be paid by amount that the interested investors pay to "Invest in the State to "Invest in Greece SA". Greece S.A.", both initially, with the submission of the application and their investment proposal file 4. For the preparation of investment project files, (Administrative Assessment Fee) or with the decision "Invest in Greece S.A." collects a special Diaÿ to draw up an investment plan file is determined handling File Management Fee, which is borne by the (Administrative File Maintenance Fee) as well as later, project owner and is part of the Project after the approval of the inclusion of the investment of this budget, while for the rest of the actions the proposal in the Strategic Investment Process, for the company collects an Administrative Promotion Fee in services provided by it (Administrative Promotion Fee), accordance with the provisions of this law, which is as well as the details of their payment. By decision of paid once after the relevant decision of the D.E.S.E. the D.E.S.E. the amount and content of the guarantee and is not refundable. The height of Management is determined of the File Maintenance Fee may not exceed three letter of paragraph 1a of article 15 of this law. times the amount of the Administrative Fee Evaluation, as applicable from time to time." Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2315 18. Article 18 of Law 3894/2010 is replaced as follows: it is presumed that the permission requested has been granted in accordance with the relevant application. "1. Without prejudice to the law of the European Union, 2. The lapse of the above deadline of forty-five (45) the D.S.E. subject to the provisions of this law are awarded calendar days from through international open tenders in one phase, without constitutes a disciplinary offense that is imputable both to preselection. In special cases, if there are either reasons of the competent employee and to the head of the respective particular technical complexity of the D.S.E. or reasons of licensing service, who is defined by law as the materially special interest, which are specifically justified in the competent body for the implementation of the obligations membership decision, the D.E.S.E. can decide arising from this law. The sanctions provided for in the Code of Status of Public Political Administrative Officers to the assignment through an International Closed Tender and Employees of the N.P.D.D. are imposed in this case Process, a Competitive Dialogue Process or with an with a minimum disciplinary penalty of temporary suspension intergovernmental agreement, in accordance with the of three (3) months. written provisions, and taking into account that the exclusive criterion of the final selection is the total financial 3. Upon the expiry of the above period of forty-five (45) compensation to the Greek State. In the case of an calendar days, "Epen- interstate agreement, it must be waived west in Greece S.A." informs the manager about this there is a special justification for the assistance of the reason headquarters of the D.E.S.E., who confirms her attendance of national or public interest which makes the training necessary in writing ." of extreme agreement the most convenient way to explain 20. Paragraph 1 of article 24 of Law 3894/2010 replaces of its use, in particular due to speed or uniqueness or for is established as follows: reasons related to the overall foreign policy of the country. "1. For the rational design and the whole In this case, the relevant parliamentary committee may be smooth development of the reception areas of the Armed Forces informed before the drawing up of the interstate agreement. parent Investments, as well as their auxiliary and accompanying projects, Special Integrated Development 2. The decision of the D.E.S.E. for inclusion of the Plans may be drawn up and approved according to the investment proposal in the Strategic Investments Process provisions of this article, after a decision of the D.E.S.E. in defines the most specific details regarding the which they are examined, metaÿ competitive procedures for the assignment of the project or among others, the necessity, the place and the time the service included in the procedure and may provide for frame for the realization of the strategic expansion the sanctioning of the final contract per diss. The Special Plans for the Integrated Development of position by the Parliament. On the initiative of the President Strategic Investment Installation Areas are harmonized of D.E.S.E. or of the Minister of Development, Competitor according to the choices or directions of both the approved and Shipping, the Parliament is informed about the decision General and the approved Special of the D.E.S.E. for the inclusion of the investment proposal of Spatial Planning and Sustainable Development in the Strategic Investments Process." Frameworks." 19. Article 22 of Law 3894/2010 is replaced as follows: 21. Paragraph 2 of article 24 of Law 3894/2010 replaces is established as follows: "1. Unless otherwise specified in a special provision, "2. With the Special Integrated Development Plans: a) where according to this law the co- the surrounding areas are demarcated on a 1:5000 scale map act of administrative authorities, the relevant administrative process zoning options for strategic investments, b) are determined process is completed and the necessary opinions and and approved, subject to special regimes that regulate the permits for the execution of the projects, especially in spatial development and organization of special-use areas relation to zoning and environmental permits, accompanying and are provided for by special provisions of laws: and auxiliary projects and connection projects, are issued within a disruptive deadline of forty-five (45) calendar days. aa) Land uses and the most specific categories of good days. The deadline starts from the submission of the strategic investments to be built in each area. respective application by "Invest in Greece S.A." to the competent agency. The competent agency may, within an bb) The environmental conditions for each individual campaign exclusive period of seven (7) working days from the receipt capital investment and the specific environmental protection of the file, request any necessary additional items at once measures required by the texts of charges for the use of these investments and their cheers for its completion. Exceptionally, additional accompanying activities. information may be requested even after the above deadline cc) The general and special conditions and limitations of has passed, as long as their absence could not have been measurements required for the construction of buildings established within seven (7) working days. The completion that are included in the strategic investments and their of the file with the additional information requested in auxiliary and accompanying projects. accordance with the two previous paragraphs is done as dd) The general arrangement of the intended facilities soon as possible and in any case ten (10) working days stops and their accompanying activities, as well as the before the expiration of the deadline of forty-five (45) planned infrastructure networks. calendar days, which is not suspended further. After the ee) Special protection and control zones around the expiry of this period demarcated, as above, areas, in which special terms and conditions may be imposed Machine Translated by Google 2316 GOVERNMENT GAZETTE (ISSUE ONE) restrictions on land use, construction and installation lives with paragraph 3 of the first article of Law 2372/1996, status and exercise of activities and functions. as replaced by Article 4 of Law 3894/2010, is replaced as The drawing up of the above plans is done at the initiative follows: of the relevant or supervising Minister." "c. It operates as a one-stop shop within the Licensing Process 22. The first paragraph of paragraph 1 of article 25 of Law of Investments taking all the necessary 3894/2010 is replaced as follows: of the data from investors in order to take all the legal "Investments whose partial permit procedures actions to process the procedures for issuing the requested have already started when submitting aiÿ licenses or to provide other approvals that are necessary part of inclusion in the provisions of this law, such as, in for the start of the investments of more than two million particular, the approval of environmental conditions, projects (2,000,000) euros, which include ÿ and their auxiliary and accompanying projects, may be subject to the Strategic Investments Procedure and fall, in terms of their effects on the environment, in category completed in accordance with the provisions of this law." A of par. 1 of article 1 of Law 4014/2011 (A' 209) and takes the necessary actions to accelerate them. For this purpose, 23. The first paragraph of paragraph 2 of article 25 of Law paraÿ 3894/2010 is replaced as follows: receives the investment file, ensures that the necessary "In the case of the investments referred to in paragraph 1, supporting documents are completed by the investor and the environmental conditions are approved in accordance sends them to the appropriate with the procedures of this Law on Strategic Investments regulatory agencies, who are obliged to quickly take the and the other provisions shall apply actions required by law . These bodies are also required to 1650/1986 (ÿÿ160) and the joint ministerial decision no. provide the company with written information every month 69269/5387/1990 (ÿÿ 678)." on the stage at which the relevant procedures are, as well 24. A paragraph is added to Article 25 of Law 3894/2010 as on the reasons for the delay or the inability to provide paragraph 6 as follows: the licenses or approvals." "6. Deadline for the submission of applications for the inclusion of investments in the Strategy Process 3. The last paragraph of case d' of par. 2 of article 1 of the of Investments, is January 1, 2016." Statute of "Invest in Greece AE", established by par. 3 of 25. The provisions of article 16 of Law 3894/2010, as the first article of Law 2372/1996, as replaced by article 4 replaced by paragraph 17 of the of Law 3894/2010, is repealed. of the article, also include those investments that have already been subject to the provisions of Law 3894/2010, and 4. Sub-case d' of case e' of par. 2 of article 1 of the Statute as well as all applications pending for evaluation by "Invest of "Invest in Greece AE" established by par. 3 of article one in Greece S.A." and the D.E.S.E. Any already deposited of Law 2372/1996, as replaced by article 4 of Law guarantee letters or payments 3894/2010, is replaced as follows: due fees for the promotion of strategic investments, the licensing of which has not yet been completed "dd) recommends to the Interministerial Strategy Committee are adjusted in accordance with the provisions herein, of Investments (D.E.S.E.), through the supervisor of the following a simple request of the owner of the investment in Minister, the inclusion of investments in the Strategic "Invest in Greece S.A.". Any credit note that will arise in Investments Process or the interruption of the process of favor of the owner of the investment is issued until the end inclusion of an investment in the category of Strategic Investments of the following month from the relevant adjustment request of Investments.' in accordance with the law. 5. Sub-case ff of case e of par. 2 of article 1 of the Statute of "Invest in Greece SA", established by par. 3 of article one of Law 2372/1996, as replaced by article 4 of Law Article 3 3894/2010, is replaced as follows: Amendment of the company's articles of association "INVEST IN GREECE SA" "fff) collects the Administrative Processing Fee 1. Paragraph 1 of article 1 of the Statute of “Epenÿ management, the Management Evaluation Fee, the Management west to Greece AE", established by par. 3 of the first article rist Investment Portfolio Curation Fee and the Promotion of Law 2372/1996, as replaced Management Fee." stood with article 4 of Law 3894/2010, is replaced as follows: 6. In case (e) of paragraph 2 of article 1 of the Statute of "Invest in Greece S.A.", sub-cases gz) and h) are "1. The purpose of "Invest in Greece SA" is to attract, renumbered to h) and i), respectively, and after sub-case welcome, promote and support strategic and other fff ) a new sub-case gz) is added as follows: investments in Greece, to contribute to the continuous improvement of their institutional framework , to support "gg) after a decision of the D.E.S.E. on inclusion and international investment cooperation assignment, in accordance with par. 4 of article 3 of this of Greek companies, as well as the law, structures final investment projects indication of the investment prospects of the assets of the trends of minimum specifications and compiles holÿ Greek State." drawn public investment project files 2. Case c' of par. 2 of article 1 of the Decree of strategic investments. In addition, the company takes all of "Invest in Greece SA" which was established the necessary actions as a whole Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2317 for the licensing, financing and investment utilization transactions and any other matter related to the of the investment projects in question financial management of the company is regulated by taking the necessary preparatory actions. regulations drawn up by its Board of Directors and approved by a decision of the supervising Minister 7. Case g' of par. 2 of article 1 of the Decree you." of "Invest in Greece SA" which was established 12. Paragraph 2 of article 6 of the Statute of "Invest in lives with paragraph 3 of the first article of Law 2372/1996, Greece SA" established by paragraph 3 of article one of as replaced by Article 4 of Law 3894/2010, is replaced Law 2372/1996, as against as follows: established by article 4 of Law 3894/2010, cat "g. In the context of its above purposes, the Dioiÿ he lies Council may establish advisory committees or working 13. Case b of par. 2 of article 7 of the Statute of "Invest groups for the processing and promotion of issues that in Greece SA" established by par. 3 of the first article of fall within the scope of Law 2372/1996, as replaced by Article 4 of Law 3894/ of its modalities by private experts or even 2010, is replaced as follows: similar functionaries. In this last case, the consent of the supervising Ministers is required "b) monitors and reports to the Board of Directors Mr. The Board of Directors determines the way of board of the company and in the General Assembly of organization and operation of the above committees or shareholders cases of conflict of interests of the members working groups. No remuneration is provided for the of the board of directors and the relevant members of the committees or working groups except case of advisers of article 5 of this law with the interests for the payment of any compensation, the amount of of the company or cases of paÿ which will be determined by the company's Board of violation of the provisions of this law by members of the Directors and will be charged to its budget. Also, with the Board of Directors, including the President and the CEO, same process, it can remove the already established ones and by the Advisors of article 5 of this law." commissions or working groups and to change their composition and responsibilities." 14. Case d' of par. 2 of article 7 of the Statute of "Invest 8. The second paragraph of paragraph 1 of article 3 of in Greece SA" established by par. 3 of the first article of the Statute of "Invest in Greece SA" established by Law 2372/1996, as replaced by Article 4 of Law 3894/ paragraph 3 of the first article of Law 2372/1996, as 2010, is repealed. replaced by Article 4 of Law 3894/2010 , is replaced as follows: 15. Paragraph 2 of article 8 of the Statute of "Invest in "By a joint decision of the Ministers of Finance and Greece SA" established by paragraph 3 of the first article Development, Competitiveness and Shipping, Mr of Law 2372/1996, as against this fund may be increased up to one hundred percent established by article 4 of Law 3894/2010, cat (100%).'' he lies 9. Article 4 of the Statute of "Invest in Greece SA" 16. Paragraph 1 of article 9 of the Statute of "Epen- established by paragraph 3 of the first article of Law west to Greece AE" established by par. 3 of the first 2372/1996, as replaced by Article 4 of Law 3894/2010, is article of Law 2372/1996, as replaced replaced as follows: stood with article 4 of Law 3894/2010, is replaced as "The company's income comes from an annual grant follows: from the public investment program, from a grant from "The joint-stock company with the name "Invest in the State Budget, from European Union programs on the Greece AE" is managed by a Board of Directors, which side consists of a maximum of 11 members, including the of its purpose, from donations, legacies, etc President and the CEO royalties, from the exploitation of its property, from volus, qualities which may occur in the same person. remunerative contributions, fees and fees for the services The Board of Directors formulates the strategy and policy it offers, such as, in particular, the Administrative Fee for of the company and exercises the responsibilities Processing, the Administrative Fee for Appreciation provided for in the current legislation. , the Investment Portfolio Management Fee, the Promotion and this statute. The parallel exercise of duties of Management Fee and from any other legal source." President and CEO by the same person does not establish any right to additional remuneration. 10. Paragraph 2 of article 5 of the Statute of "Invest in Greece SA" established by paragraph 3 of the first article 17. Paragraph 4 of article 9 of the Statute of "Invest in of Law 2372/1996, as against Greece AE", established by paragraph 3 of the first article established by article 4 of Law 3894/2010, cat of Law 2372/1996, as against he lies established by article 4 of Law 3894/2010, replaced 11. Paragraph 5 of article 5 of the Statute of "Epen- is established as follows: west to Greece AE" established by par. 3 of the first "4. The President and CEO of "Epenÿ article of Law 2372/1996, as replaced west to Greece AE", as well as the other members, who stood with article 4 of Law 3894/2010, is replaced as are not elected or indicated in accordance with paragraph follows: 5 of this article, are appointed and terminated by decision "5. The way of carrying out the expenses, the or of the Minister of Development, Competitiveness and funding and the operation of financial services Shipping. According to the above Machine Translated by Google 2318 GOVERNMENT GAZETTE (ISSUE ONE) termination of membership does not give rise to a right to of the Ministers of Finance and Development, Antagoÿ compensation against the State or the company." nism and Shipping. The Chairman, the CEO and the 18. Paragraph 5 of article 9 of the Statute of "Invest in members of the Board of Directors are not entitled to Greece SA" established by paragraph 3 of the first article any other benefit, remuneration, remuneration or of Law 2372/1996, as against privilege." established by article 4 of Law 3894/2010, replaced 23. Article 12 of the Statute of "Invest in Greece AE" is established as follows: established by par. 3 of the first article of Law "5. Five of the members of the Board of Directors, in 2372/1996, as replaced addition to the President and the CEO, are appointed with article 4 of Law 3894/2010, is replaced as follows: after the suggestion of the Hellenic Banks Association, the National Confederation of Hellenic Commerce, the "Article 12 General Confederation of Workers of El- Internal Regulation of Operation oil, the Association of Greek Industries and the Association of Greek Tourism Enterprises, indicated by By decision of the Board of Directors, which approved one person. The representatives of the above may by decision of the Minister of Development, Antagoniÿ participate in the Board of Directors and Shipping and is published in the Issue of Anonymous board of the company and in excess of the maximum Companies and Limited Liability Companies number of its members. The representatives of the under the auspices of the Government Gazette, the above are proposed within a period of one (1) month Internal Operating Regulations are drawn up which starting from their relevant written notification by the regulate the following issues: Minister of Development, Competitiveness and Shipping. a) The structure of the company's services and the Until the appointment of these representatives, the relationship between the services and with the Board Board of Directors is formed and operates legally without s. these members." b) The allocation of responsibilities to the services and o 19. The second paragraph of par. 7 of article 9 of the their mode of operation. Statute of "Invest in Greece AE" shall c) The distribution of staff positions in administrations is broken by paragraph 3 of the first article of Law tical units. 2372/1996 , as replaced by Article 4 of Law 3894/2010 , d) The qualifications, terms of recruitment, work and staff development. it is replaced as follows: e) The exercise of disciplinary control over the staff. "The Board of Directors is in a quorum f) The procedures for evaluating the performance of as long as at least five of its members are present, the company's managers. including the President and the CEO, and it decides by g) The operation procedure of the internal service a simple majority of those present." of control.' 20. The first paragraph of par. 8 of article 9 of the 24. "CHAPTER F" of the Statute of "Epen- Statute of "Invest in Greece SA" established by par. 3 of west to Greece AE", established by par. 3 of the first the first article of Law 2372/ 1996, as replaced by Article article of Law 2372/1996, as replaced 4 of Law 3894/ 2010 , is replaced as follows: stood with article 4 of Law 3894/2010, is replaced as follows: "The company is represented in court and out of court and vis-a-vis any Authority or legal or natural person by "CHAPTER VI the President and CEO or by a person specially general provisions authorized for the specific case before 1. For the rest, the provisions apply additionally man If the qualities of the President and the Directorÿ of Mr. 2190/1920. two Directors are not the same person, the company is 2. "Invest in Greece S.A." is obliged, after a decision represented by the CEO." of the D.E.S.E., to proceed with all the requirements 21. Paragraph 9 of article 9 of the Statute of "Invest in necessary actions for obtaining permits in order to make Greece SA" established by paragraph 3 of the first article it possible to announce the projects or services included of Law 2372/1996, as against in the Strategic Investments. established by article 4 of Law 3894/2010, replaced 3. "Invest in Greece S.A." exercises the above powers is established as follows: and any others assigned to it by the provisions of this "9. By decision of the Board of Directors of the company law. regulations of operation of the Directorate are drawn up 4. All competent services and organizations of the of the Council, which is approved by the supervising State and the wider public sector must Minister." are to provide absolute priority to "Invest in Greece S.A." 22. Paragraph 3 of article 10 of the Statute of "Invest any necessary assistance, information and facilitation in Greece SA" established by paragraph 3 of the first for the realization of its purpose within the framework of article of Law 2372/1996, as against this law." established by article 4 of Law 3894/2010, replaced 25. In paragraph 3 of article 11 of the Statute is established as follows: of "Invest in Greece S.A." after the first paragraph, a "3. The compensation of the members of the Board of Directors paragraph is added as follows: board, including the President and the CEO, is "The secondment is carried out in accordance with sec determined by joint decision second subparagraph of paragraph 2." Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2319 Where the provisions of the same article refer to the Minister of obligations as well as any other general or partial provision of State, it means the Minister of Development, Competitiveness necessary for the smooth operation of E.M.A.P.E. and the and Shipping. Registry of Investment Promotion Licensing Operators. Article 4 Licensing promotion process for private CHAPTER III investments and Register of Operators ARRANGEMENTS FOR ARCHAEOLOGICAL RESEARCH AND JOBS IN THE CONTEXT OF MEGALON 1. To the company "Invest in Greece S.A." co PRIVATE PROJECTS a Special Licensing Promotion Unit is located of the West (E.M.A.P.E.), which operates as a one-stop Article 5 service, for processing, for a fee, the procedures for issuing Scope - Competencies of the "Office the requested permits or providing other approvals, which are of Archaeological Coordination and Monitoring necessary, for the start of making investments , amounting to of Works in the Framework of Major Projects" more than two million (2,000,000) euros, which fall into categories A1 and A2 of environmental nuisance, as defined 1. "Major Private Projects" for the application of the provisions in article 1 of Law 4014/2011, and takes the necessary actions of articles 5 to 11 are understood as meet the conditions of paragraph 1 of article 1 of Law 3894/2010 (ÿÿ204), as replaced by article 2 of this law. before the competent authorities for acceleration their. 2. The "Coordination and Monitoring Office No 2. E.M.A.P.E. receives the investment file and the of the Ministry of Culture and Tourism (ÿÿ 1354/2010) is relevant application of the investor, collects Administer responsible, on the part of the Central Service of the Ministry ristic Handling Fee, takes care of complÿ of Culture and Tourism, for the submission of the necessary supporting documents by the investor and sends them to the relevant agencies, who are required to ration of the issues concerning Large Private Projects. The quickly take the actions required by law. These entities are Project Owner is obliged to designate ecÿ also obliged to provide the company with written information person, who must be in direct and continuous consultation every month on the stage at which the relevant procedures with the "Office for Coordination and Monitoring of are, as well as on the reasons for the delay or the inability to Archaeological Works in the provide the licenses or approvals. of Major Projects" of the Ministry of Culture and Tourism to deal with all kinds of issues that arise regarding the protection In the context of the Licensing Promotion Process of antiquities and the archaeological research and work of Investments, "Invest in Greece S.A." does not replace the required in the context of the execution of Major Private legally competent services for the licensing of investment Projects in accordance with the current law projects. positive context. 3. To serve the needs of E.M.A.P.E. of this law is Article 6 recommended to the Ministry of Memorandum of Understanding and Cooperation of Development, Competitiveness and Shipping, Registry of Investment Promotion Licensing Operators (Min. 1. For the monitoring and execution of archaeological H.A.P.E.). They are registered in this Register, after aiÿ of research and work, as well as work ahead in their position, natural persons holding an A.E.I. with sufficient stopping and highlighting archaeological finds, which are experience in the licensing of investment relations revealed in the context of site works sions, who undertake the provision of technical and scientific establishment and construction of Large Private Projects support services to "Epenÿ (M.I.E.), provided that their installation or operation is not west in Greece S.A." for the rapid processing of licensing prohibited by the applicable provisions, a Standard procedures. Memorandum of Understanding and Cooperation 4. By decisions of the Minister of Development, Antagoÿ of work by decision of the Minister of Culture and Tourism, and Shipping, which are issued within three (3) months from following the opinion of the Central Antiquary the entry into force of this law, the operation of the E.M.A.P.E Logical Council (K.A.S.) or the Central Council of Newer and the M.H.A.P.E is determined, the scientific specialty Monuments (K.S.N.M.). The text of the Model Memorandum of Understanding and Cooperation is listed as ANNEX II and and the overall required qualifications of the applicants is an integral part of this chapter. operators and determine the eligibility criteria , the required supporting documents, the process of selection and registration 2. Object of the Memorandum of paragraph 1 afÿ in the Register and any other necessary details for the approval describes the conditions, conditions and manner for: of the activity implementation of these, the responsibilities and obligations (a) The conduct of archaeological research and work during they undertake, the amount of the Administrative Processing the construction phase of the M.I.E., as well as the protection Fee and the individual fees of the operators, the obligations of the archaeological finds from the point of view of their and the details of the supervision of these activities, the safekeeping, preservation, documentation and display pursuant procedure and the details to the provisions of Law 3028/2002 ( A' 153). sanctions in case of non-compliance Machine Translated by Google 2320 GOVERNMENT GAZETTE (ISSUE ONE) (b) The management and protection of archaeological finds of Services and is communicated to the Project Owner and the highlighting of monuments, in accordance with the together with the work schedule, which can be modified provisions of Law 3028/2002, which are located on the depending on the course and type of work required at each construction sites within the occupation zone of the main and stage of the accompanying works. cheological research. With the same process , the number (c) The protection of monuments that may be damaged is increased or decreased and the specialty is redefined be removed from the construction works, in accordance with those of the scientific and technical staff, depending on the the provisions of Law 3028/2002. progress of the archaeological investigations and works, the 3. For each M.I.E. is drawn up, after the approval of the type and number of finds. zoning of the project according to articles 10 to 17 of Law 2. Of the above staff, sixty percent (60%) of each individual 3028/2002 and in consultation with the "Coordinating Office category is hired if they have specialized and relevant and Monitoring of Archaeological Works in the context of experience of Major Projects", (Office), Special Memorandum at least three (3) years for archaeologists and six (6) months Memorandum of Understanding and Cooperation, according to the Prime Minister for the rest of the staff. For the remaining forty percent (40%) of APPENDIX II, signed by the competent Heads of the of each individual category no experience is required. The Regional Services recruitment of the staff is done by the Project Owner, after of the Ministry of Culture and Tourism and the Project Owner. the written consent of the competent Regional Services In the Special Memorandum it is possible to include additional terms which of the Ministry of Culture and Tourism, and is hired by it. refer to the relevant Project, as long as these terms are not contrary to the written provisions or the terms of the Standard. 3. If, for reasons that hinder the course of archaeological research and work, the replacement of a member or members 4. The content of each Memorandum shall be of the scientific and technical staff is required, the previous is binding on the parties after its signature. Violation of the terms entails the sanctions of article 10 hereof. second paragraph. 4. The archaeological investigations and works in the context of M.I.E. are carried out by the competent Ephorates of Archaeo- Article 7 of these, which will be regularly reported to the Office Analytical Archaeological Documentation Report regarding their progress at each stage of their execution. 1. During the initial phase of the technical studies, during The workers in the archaeological projects, as well as in which the zoning of the Project occupation zone according potential projects for the protection and promotion of to par. 3 of article 6 is examined , monuments, archaeological sites and historical places in the is assigned, at the request of the Project Owner to the Office context of the execution of M.I.E., are obliged to carry out of the Ministry of Culture and Tourism, Ex- the work assigned to them by receiving orders and instructions submission of Analytical Archaeological Documentation from the Heads of the competent Regional Services of the (A.A.A.T.) within a period of thirty (30) days from the Ministry of Culture and Tourism, who control the progress month of securing by the Project Owner the necessary and the good, in general, execution of their work. equipment for the preparation of the E.A.A.T. 5. The Project Owner is required to report in detail and at 2. The Project Owner provides the competent Departments regular intervals to the Antiquities the necessary logistical support fair about all kinds of issues that preÿ structure, such as consumables, archaeological research fall within the framework of archaeological research and work equipment, and the necessary personnel, such as surveyor for their timely treatment by the Services of the Ministry of -engineer, designer through PC systems, etc. for the Culture and Tourism. preparation of the E.A.A.T. Article 9 3. After the drafting of E.A.A.T. and if the location of the Report of archaeological research results M.I.E. is approved. according to par. 3 of article 6, the Ministry of Culture and Tourism participates in all stages of 1. Upon completion of any rescue excavation survey in the environmental licensing by the Ministry of Environment, whole or in parts of the appropriate area Energy and Climate Change, in accordance with the current of the main and accompanying works, the competent relevant legislative framework. Ephorates of Antiquities must inform themselves the Office so that it can proceed with the program splicing of the required actions. Subsequently and within Article 8 fifteen (15) days, within which the entire Scientific and Technical Staff the preliminary documentation and report of the results of 1. The number and specialty of the necessary science the archaeological research is carried out, the relevant technical and technical staff for the execution of archaeological Ephorates of Antiquities file the relevant file with the Office research and works in the context of M.I.E. determined by so that the matter is introduced as an emergency or as an an administrative act of the competent Directorate of the absolute priority at the next scheduled Session of the General Directorate of Antiquities and Cultural Heritage or of competent central advisory body of the Ministry of Culture the General Directorate of Restoration, Museums and and Tourism, K .LET. or K.S.N.M., in accordance with the Technical Works, which issues provisions of article 50 of Law 3028/2002. The opinion coÿ given after a recommendation from the competent Regions Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2321 is scheduled the day after the Session of the competent of the Project for the financing of the specific works, not advisory body of the Ministry of Culture and Tourism excluding any other compensation in accordance with the and the relevant report is forwarded for publication provisions of the Civil Code, but also the application of the phase, by absolute priority. relevant provisions of Law 3028/2002. 2. After the issuance of the relevant decision and after f) If they are not submitted by the Project Owner to the as long as it allows the continuation of the external works competent Ephorates of Antiquities, within the limits of the Ministry of Antiquities, according to the provisions of living in the Memorandum of Understanding and Cooperation articles 10 to 17 of Law 3028/2002, the Office, in consultation deadlines, the reports on the course of research and work, the with the competent Ephorates of Antiquities, informs the interruption time of the Project's work will be extended for as of the Project for the schedule of further archaeological work, long as which may be foreseen in it, and for the number and specialty but there is a delay in submitting the relevant reports, not of the excluding any other claim for compensation based on the warp and technical staff that will be required to meet the relevant provisions of the Civil Code, while at the same time the schedule. After the completion of the above tasks, the no supervisor no. field chaeologist. modern Ephorates of Antiquities assign in writing, immediately 2. If it is established by the relevant Ephorate of and without any delay, the free space to the Owner of the Antiquities that the archaeologist in charge causes Project for the continuation of the works demonstrable and culpable obstacles to the execution of gas according to the terms of the aforementioned decision of the work of the Project, he shall be replaced with the agreeme and inform the Office accordingly. the opinion of the competent Directorate of Antiquities. Article 10 Article 11 Penalties Application of applicable provisions 1. In case of a proven violation of art The provisions of this chapter do not affect the application of of the Memorandum of Understanding and Cooperation, in the provisions of Law 3028/2002, as well as the other provisions addition to the sanctions of the current legislation, and in for the protection of Antiquities particular of Law 3028/2002, the following sanctions are of Cultural Heritage in general. imposed for the following violations a' to g': a) In case of destruction of antiquities with fault CHAPTER IV quality of the supervising archaeologist of the field or the Master INNOVATION ZONE OF THESSALONIKI of the Project, the criminal sanctions provided for by the Article 12 provision of article 56 of Law 3028/2002, non-excluded Demarcation of the Innovation Zone of Thessaloniki compensation according to the provisions of the A.K. Paragraph 2 of Article 1 of Law 3489/2006 (Aÿ 205) against b) If the antiquities included are not declared immediately becomes as follows: are believed in the context of the execution of the project, with a guarantee "2. The limits of Z.KAI.TH. are determined by a joint quality of the Project Owner or the workers on the project, the decision of the Ministers of Finance, Development, Competition provision of article 58 of Law 3028/2002, non-excluded and Shipping and Environment, Energy and Climate Change, compensation according to the provisions of the A.K. after the opinion of the Board of Directors of the company "Alexandria Zone Innovation c) If the schedule is not respected due to the fault of tomias S.A." (A.Z.K.) and the Thessaloniki Organization of the Project Owner, the schedule of the antiquities article 5 of Law 1561/1985 (Aÿ148). logical investigations and works ceases to be binding To fulfill the purpose of A.Z.K. spaces may be allocated to it and are suspended, by decision of the competent Directorate for use. If the paÿ of the Ministry of Culture and Tourism, all the relevant deadlines, concession is made by private entities, a relevant defined in the Memorandum of Understanding and Cooperation, memorandum of cooperation is signed between the legal entities for an equal period of time to that included in the initially agreed persons of the concessionaire and the A.Z.K." schedule, by the contracting parties. Article 13 Strategic Development Plan d) If the work of the Archaeo Ephorate is hindered therefore, for the execution of the archaeological investigations 1. Paragraph 2 of article 2 of Law 3489/2006 replaces and works, under the responsibility of the Owner of the Project, it reads as follows: and subject to the prescribed criminal sanctions, the time of "2. The Strategic Plan is drawn up by the Directorate interruption of the work of the Project will be extended for as Board of Directors of the company with the name "Aleÿ long as the obstruction of the work of the Ephorate of Antiquities xandrea Zoni Kainotomias S.A." following the opinion of the lasts, not excluding ÿ Development Advisory Committee of Z KE T. The Strategic of compensation according to the provisions of the A.K. Plan is approved by a joint decision of the Ministers of Finance, e) If the Project Owner refuses to finance the maintenance, Development, Competition classification, storage and recording of the material for the and Shipping, Environment, Energy and Climate Change and purpose of publication, after the end of the rescue excavation the relevant Ministers, as the case may be, which is published research, in accordance with the Memorandum, then the work in the Government Gazette. With the same process it can be fed of the Project is suspended until the fulfillment of the obligations of the Lord the Strategic Plan is approved." Machine Translated by Google 2322 GOVERNMENT GAZETTE (ISSUE ONE) 2. Paragraph 3 of Article 2 of Law 3489/2006 Article 16 is reworded as follows: Replacement of Article 6 of Law 3489/2006 "3. By decision of the Board of Directors of the company, may be exiÿ Article 6 of Law 3489/2006 is replaced as follows: are entitled to the projects referred to in case b of paragraph 1, to define the competent bodies, the timetable for the "Article 6 execution of these projects, the sources of their funding and Organization and Operation of the Company to regulate any other relevant matter." 1. The following regulations are drawn up for the organization and operation of the company: 3. In paragraph 4 of article 2 of Law 3489/2006 the phrase a) The Regulation of Internal Operation. This Regulation "Committee of Development Commission" replace determines the organizational structure of the company, the is established with the phrase "Advisory Committee Per- number of the company's staff, the distribution of this in folding". categories, branches and specialties his tasks, his responsibility in the performance of his duties, Article 14 his evaluation criteria, his development, the pay and Replacement of Article 3 of Law 3489/2006 remuneration scales, the Article 3 of Law 3489/2006 is replaced as follows: his education and training and any other relevant details. The Regulation of Internal Operation and drawn up by the Company's Board of Directors and approved "Article 3 by a decision of the Minister of Development, Competitiveness Establishment of a Limited Company with the name and Shipping. "Alexandria Innovation Zone S.A." b) The Rent Regulation. The leases of real estate owned 1. An anonymous company is established with the name "Aleÿ by the company or provider refer to it with any legal relationship except xandrea Zoni Kainotomias S.A." ("Company"), based in are stated by the provisions of the p.d. 34/1995 (A' 30). The miÿ Thessaloniki, which is supervised by the General Secretariat these additions are governed by the provisions of the of Industry of the Ministry of Development, Competitiveness Regulation in question and articles 574 to 618 of the Civil and Shipping. The company pursues purposes of public Code (Civil Code). The Lease Regulation is drawn up by benefit and public interest and has as its main mission the the company's Board of Directors and approved management and development of Z.KAI.TH. The company by a joint decision of the Ministers of Finance and does not fall under the wider public sector, as it is defined Development, Competitiveness and Shipping. each time, and operates according to the rules of the private 2. The supply and service contracts concluded by the economy, within the framework of the provisions of this law company are governed by the provisions governing the and its statutes and additionally, the provisions of the law. corresponding contracts of the State and of legal persons 2190/1920 (Aÿ37), and is exempt from the provisions of Law and enterprises of the State 3429/2005 (Aÿ 314). same domain. 3. The contracts for the execution of projects concluded 2. The company's management, organization and operations by the company are governed by the provisions governing its work, the responsibilities of its bodies and any more the corresponding contracts of the State and of legal persons specific matter are regulated by its statutes , which are and enterprises of the public sector. drawn up by the Board of Directors. of this and approved 4. The company may, by decision of its Board of Directors , is made by a joint decision of the Ministers of Finance and conclude program contracts Development, Competitiveness and Shipping, which is relations with bodies of the wider public sector for the published in the Government Gazette. With the same execution, administration and coordination of all kinds of procedure, the Company's statutes are amended." projects under its competence." Article 17 Article 15 Replacement of Article 7 of Law 3489/2006 Equity Article 7 of Law 3489/2006 is replaced as follows: 1. The second paragraph of paragraph 1 of article 5 of Law 3489/2006 is reformulated as follows: "Article 7 "For the exercise of its rights as a shareholder, the State Management Bodies of the Company is represented by the Ministers of Home Affairs 1. The company's management bodies are Geniki of legal and Development, Competitiveness and Navy Assembly and its Board of Directors. tilias." 2. The General Assembly is the supreme body of the 2. The first paragraph of par. 3 of article 5 of n. company and exercises the powers defined in this law, in 3489/2006 (Aÿ 205) is reformulated as follows: the company's statutes and, additionally, in the provisions "By joint decision of the Ministers of Finance and of the law. 2190/1920. Development, Competitiveness and Shipping, the 3. The company is managed by a Board of Directors, shareholder can transfer his shares to any which consists of a maximum of seven members , any person from the aforementioned including the President and CEO , qualities which are paragraph, preferred, among them, legal entities under held by the same person. The parallel exercise of the private law." President's duties Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2323 and CEO by the same person do not establish a right to except those connected with the active exercise of their duties. additional remuneration. The members of the Board of Directors may come from the business, scientific - technical The company's staff also includes a position of legal advisor and research fields, as well as from the field of local self- with a fixed remuneration. The proÿ government of the first and second degree and must be removal of the legal advisor is carried out by the Board of distinguished for their scientific prestige, special knowledge Directors. of the company, after a public announcement of the and experience on of issues that defineÿ position, and is approved by a decision of the Minister of Development, Competitiveness and Shipping." from the purpose of the company. Article 19 4. The members of the Board of Directors, regular and Supervision and obligations of the company alternate, are appointed by a joint decision of the Ministers of Finance, Development, Competitiveness 1. Paragraph 1 of article 10 of Law 3489/2006 and Maritime and Education, Lifelong Learning and Religious is reworded as follows: Affairs, following an invitation to an event in "1. The company, in addition to the supervision exercised difference that is made public. Their term of office is three according to Mr. 2190/1920, subject to the supervision of the years and may be renewed once, for an equal period. Minister of Development, Competitiveness and Shipping. 2. In case a of paragraph 2 of article 10 of Law 3489/2006, 5. To assume the position of President and Director after the word "reviewed" the phrase "by joint decision of the responsible consultant requires, at least, a degree from a Ministers of Development and Macedonia - Thrace" is deleted university institution in the country or an equivalent and and the phrase "by decision of the Minister " is added corresponding institution abroad and service Development, Competitiveness sia for at least five (5) years in a position of increased and Shipping". responsibility in the public or private sector. This person is Article 20 designated by a decision of the Minister of Development, Replacement of Article 13 of Law 3489/2006 Competitiveness and Shipping, following a public announcement of the position. The announcement is made by decision Article 13 of Law 3489/2006 is replaced as follows: of the Minister of Development, Competitiveness and Shipping. In the same decision, the procedure and criteria for the "Article 13 selection of the President and Director are determined Development Advisory Committee managing director. 6. By joint decision of the Ministers of Finance and 1. The Board of Directors of the company "Alexandria Development, Competitiveness and Shipping determine Innovation Zone S.A." he is assisted in his work by the the compensation of the President and the CEO and the Development Supervision Committee of Z.KAI.TH., which members of the Board of Directors. of the company, operates without any compensation as an advisory body. according to the provisions of article 2 of Law 3899/2010 (Aÿ 212). 2. The Committee is recommended by the Ministry of 7. The Board of Directors of the company supervises and controls the interÿ Development, Competitiveness and Shipping and consists of management of its property and exercises the powers provided up to fifteen members, who can come from the business, for in this law, in the statute scientific - technical and research fields, both from Greece and of the company and, additionally, in the relevant provisions of abroad, and must be distinguished for their special knowledge the law 2190/1920. The Board of Directors convenes, convenes and experience on matters defined by the purpose of the and decides in accordance with the company's articles of company. association." 3. The members of the Committee are appointed by decision Article 18 of the Minister of Development, Competitiveness and Navy Replacement of Article 8 of Law 3489/2006 tilias, after a public announcement of the position. Their term Paragraph 2 of article 8 of Law 3489/2006 against of office is three years and may be renewed. The Chairman of becomes as follows: the Committee and his deputy are appointed by a similar "2. From the start of the company's operation , personnel decision . with special qualifications or experience may be seconded to 4. With the exception of those defined in paragraph 3, if it from public services, legal entities of public and private law, there is an important reason, it may change organizations and enterprises of the wider public sector, as the composition of the members of the Commission is determined by defined each time. Distractions interÿ phase of the Minister of Development, Competitiveness and Shipping. are made by a joint decision of the Ministers of Development, 5. The Committee meets regularly once every six months Competitiveness and Shipping, Administrative Transformation and on an extraordinary basis at the discretion of its President. Regulation and Electronic Government and the appropriate The secretarial support of the Commission's work is carried Minister, upon request of the Board of Directors. of the out by the company's employees." company and the interested party and in derogation of the Article 21 written provisions. Those seconded to the company receive Replacement of Article 14 of Law 3489/2006 from it all the salaries and all kinds of general or special allowances, which correspond to their organizational position, Article 14 of Law 3489/2006 is replaced as follows: Machine Translated by Google 2324 GOVERNMENT GAZETTE (ISSUE ONE) "Article 14 them and the European Commission and the other member Powers of the Committee states are informed about it, where foreseen. 1. The Commission is a social and administrative body 3. The recognized bodies, service laboratories and notified regular dialogue on issues related to the strategic planning bodies involved and implementation of the sustainable development policy in the assessment of product conformity of Z.KAI.TH., as well as on therefore, they must fully satisfy the requirements of the of the development policy of research, innovation, the technical legislation that concern them and to interconnection of businesses with research and innovation they inevitably violate the operating conditions imposed on and the promotion of entrepreneurship them. innovation activities, products and services. The Committee, Article 23 in the context of its mission, drafts proposals and Field of application recommendations on the subjects of the previous paragraph 1. The provisions of articles 22 to 33 apply to all industrial at regular intervals during its scheduled meetings, and products and services of exceptionally upon request of the Board of Directors. or the ity, covered by the technical industrial legislation of competent Minister of Development, Competitiveness and APPENDIX IV. Shipping. 2. The set of technical industrial legislation to which the Also, the Commission can formulate a recommendation provisions of articles 22 to 33 apply is detailed in APPENDIX communications to the Minister of Development, Competitiveness IV, which may be amended or updated, by joint decision of and Shipping on: the Minister of Development, a) of the content and application of Stratiÿ of the Development Plan of Z.KAI.TH., of Industry and Shipping and of the co-competent Minister b) the content and application of the business as the case may be, depending on the evolution and of the company's strategic plan, c) the company's annual budget, as well expansion of the field of technical industrial legislation. and its documentary report, d) the annual report and financial statements Article 24 of the company, National authority for market surveillance e) the annual report on the progress of the investigation industrial products and quality services and innovation at Z.KAI.TH., 1. The competent agency for the implementation of the f) any other issue, for which he requests the con- provisions of articles 22 to 33 is designated the General course of the Board of Directors or the Minister of Development, Antagoniÿ Secretariat of Industry of the Ministry of Development, Competitor sity and Shipping. and Shipping. 2. The Commission may request data and information 2. With this competence and in application of the provisions agencies for matters falling within its remit from any public of Regulation 765/2008/EC "for the determination of the body, wider public and private body in Greece or abroad. requirements for accreditation and market supervision with Especially the bodies of the public and wider public sector regard to the marketing of products and for the repeal of must transmit the requested data without delay. Regulation (EEC) No. 339/93 of the Council" the General Secretariat of Industry nias is the National Market Surveillance Authority for the The President of the Committee may, according to the Greek Territory in all industrial products and quality services actions, to call representatives of the bodies of the previous that fall under the provisions of this. paragraph, in order to orally develop, before it, their views on matters of their competence." The General Secretariat of Industry is responsible for the coordination of other business supervision authorities CHAPTER E within the framework of Regulation 765/2008 EC on the MARKET SUPERVISION OF INDUSTRIAL PRODUCTS country's communication needs with the European Union. AND QUALITY SERVICES Also, the Minister of Development, Antagonistiÿ and Shipping undertakes the representation of the country Article 22 in the respective bodies and committees of the European Definitions Union and participates in the bilateral or 1. For the purposes of articles 22 to 33 apply clear agreements concluded by the country on market are the definitions of APPENDIX III, which is surveillance issues in the areas of industrial products and forms an integral part of this chapter. quality services. 2. Industrial products, covered by technical industrial 3. By decision of the Minister of Development, Antagoÿ legislation and which are used in accordance with their and Shipping and of the co-competent Minister as the case intended purpose, installed and maintained properly and may be, which is issued within six months of the publication which either have not fully complied with the applicable of this specialization requirements or are likely to endanger the safety of users the organizational, logistical and administrative infrastructure and consumers , are withdrawn from the market of the competent service for the support and operation of the market surveillance system, the compensations and availability is limited or prohibited other expenses of the auditors, as well as Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2325 and procedures for the financial viability of the entire market The secretarial and administrative support of Symÿ surveillance system. is provided by the Political Quality Directorate of the General Secretariat of Industry. Article 25 The composition of the Council can be expanded by Authorization provision decision of the Minister of Development, Competitiveness By joint decision of the Minister of Development, Antiÿ and Shipping. of Competitiveness and Shipping and of the co-competent In the performance of their duties, the members of the Minister as the case may be, part of the exercise of control Council have an obligation to observe the principles of procedures and laboratory documentation of market objectivity and impartiality. The President and the members surveillance may be assigned to services or bodies of the of the Council are obliged to public or wider public sector, as defined by the provisions of confidentiality of commercial information and after voluntarily article 14 paragraph 1 of Law 2190/1994 (Aÿ 28), by program or involuntarily leaving the Council. of an agreement in which the control fields, the control 3. The Market Supervision Coordinating Council has the schedules, as well as the laboratory tests judged by following responsibilities: a) The monitoring of the annual national program case necessary for the documentation of the control market surveillance of our country within the framework of procedures. The assigned part of the work does not include Regulation 765/2008/EC, the annual report of the audit the issuing of administrative acts and the imposition of system and the formulation of proposals sanctions. improvement measures, the financial report of the annual market control program and the submission in January of Article 26 each year of a relevant report to the Minister of Development, Establishment of a Coordinating Council Competitiveness and Shipping. of Market Supervision 1. It is recommended to the General Secretariat of Industry b) The coordination and promotion of cooperation of the Ministry of Development, Competitiveness and between the competent services and bodies, which are Shipping Coordinating Council for Market Supervision of active in the fields of conformity assessment, metrology, industrial products and quality services. accreditation, certification 2. The Coordinating Council of Market Supervision from of market inspection and supervision, incl is an advisory body to the National Authority then including sectoral, professional and consumer organizations for the extraction of appropriate information and data in the of the market for coordination of administration services, exercise of control. planning, monitoring implementation of the annual program and the accounting of c) The preparation and updating of guidelines , the carrying the audit system. The Council is established by decision of out of comparisons related to the operation of safeguard the Minister of Development, Competitiveness and Shipping, clauses, the exercise of preliminary or auxiliary activities it consists of eleven (11) members, who are appointed for a regarding term of three (3) years and its composition includes: with the implementation of Community legislation, the implementation of technical assistance programs and cooperation a. The General Secretary of Industry, as President gas with third countries, as well as the promotion of the act. policies applied in these areas at Community and international b. The head of the General Directorate Biomiÿ level. of Technical Policy and Supervision of Bodies of the General d) The recommendation and promotion of information and Secretariat of Industry. promotion actions for market supervision which assist, c. The head of the General Directorate of Customs of the support, improve the control mechanisms of the system and Ministry of Finance. cultivate the anti- d. The head of the General Protection Directorate acceptance to the consumer and the user for the proper of the Consumer. contribution of market control to the production, distribution e. The head of the General Directorate of Gen and marketing of the products. of the State Chemistry. 4. By decision of the Minister of Development, Antagoÿ f. The head of the Political Quality Directorate and Shipping, the relevant responsibilities of the Market of the General Secretariat of Industry. Supervision Coordinating Council and the specific issues of g. The head of the Certification Directorate of the General its operation are specified. With a similar decision, he can Secretariat of Communications of the Ministry of Sub- also be assigned tasks structures, Transport and Networks. additional responsibilities. h. A representative of the Hellenic Political Union set up Inspection-Certification Bodies. Article 27 i. A representative of the Greek Labor Union Keeping a Register of Auditors of solids. 1. In order to carry out audit procedures and carry out j. A representative of the Union of Greek Importers audits in the field of the market, the General Secretariat of give Industry prepares and maintains a Register of Approved ya. A representative of the Association of Business and Auditors, which it renews and updates annually. Industry. Machine Translated by Google 2326 GOVERNMENT GAZETTE (ISSUE ONE) All levels of auditors who perform audits on entities and cassia (law 2690/1999). The cost of laboratory tests required products come from the Register of Approved Auditors. The to investigate the complaint shall be borne by the complainant inclusion in the Approval Register in the case of an unfounded complaint and by the auditee in of Auditors requires specialized training or experience in the the case of a well-founded complaint. rules and requirements of the competent authority isolated European as well as national technical industrial 2. The laboratory tests carried out on the products to legislation. document their compliance with the basic requirements of 2. The Auditors come from the staff of the General the industrial technique Secretariat of Industry, the other co-ordinators national legislation are decided by the competent authorities various Ministries, the competent services of the control procedures of the General Secretariat of Industry Regional Self-Government, the Independent Authorities, as and of the co-competent Service as the case may be. The well as by the specialized staff of the bodies related to the tests are carried out by accredited laboratories or, if there subject of the audit. Come on are no accredited ones, by approved laboratories on a case- They can also be private experts with knowledge, experience by-case basis, as defined by the current technical industrial and expertise in the subject of the audit. legislation. 3. If the products carry or are subject to the obligation 3. By presidential decree, issued following a proposal by to bear the CE mark, the checks carried out must the Minister of Development, Competitiveness cover the requirements of all the provisions of national and Shipping and, where required, of the co-authors and European Union legislation relating to the product. of the Ministers, the matters concerning the criteria and the The General Secretary evaluation body, the selection procedures of the auditors, industry can, for the needs of the workers their training and specialization programs, the approval of basic controls, to enter into bilateral cooperation contracts their technical competence, the preparation and updating of with laboratories, in which the fields and categories of the the Register, as well as the procedures followed for the tests, the detailed cost of the tests undertaken and the composition of control levels. delivery times of the results are defined. The laboratories of this paragraph are selected according to the provisions Article 28 provisions of the current legislation on contracts. Assessment of product conformity 4. If there are no accredited laboratories in Greece to carry and laboratory controls out the laboratory tests, accredited laboratories from other To establish the compliance of industries member states of the European Union may be chosen. The products with the current technical industrial legislation, the works General Secretariat of Industry prepares and implements on these criteria may be chosen by the management also for an annual basis a program of checks on the characteristics reasons of impartiality and transparency or even for of the products in a sufficient climate comparative evaluation of product samples in cases of etc. and throughout the country's geographical objections from the involved parties territory. The controls include the examination of the financial institutions. technical documentation, the technical file of the Article 29 products, their other accompanying documents, as Imported industrial products well as macroscopic and laboratory controls, where from third countries this is deemed necessary, after the relevant samples receipts. In these controls, the basic requirements of the 1. For effective market supervision of industrial products technical industrial law are taken into account imported from third countries outside the European Union, thesis, the specifications of the products, the standards, the the General Secretariat of Industry cooperates with the local dangerousness of the products, the possible etc customs consumer and user complaints or any other information new beginnings. 2. The General Secretariat of Industry, as the national The General Secretariat of Industry may require economic market supervision authority for industrial products and operators to make available to it the relevant documents and quality services that fall under the provisions of this article, information it deems necessary for the purposes of provides to the customs authorities of the Country: conducting the investigation. of flight, including the entry of flights a) any relevant information about products or origin at the premises of economic operators and taking the products for which a serious risk or non-compliance with the required product samples. applicable regulations has been established When economic operators make available to the General technical legislation, Secretariat of Industry audit reports or certificates confirming b) instructions on the release or not of industrial products, compliance and issued by an accredited assessment following a serious suspicion that said products present a organization serious risk to the user and the consumer, or the environment, compliance, it is obliged to take into account the above reports and certificates. c) instructions for the controls that can be analyzed Especially in cases of investigation of complaints, the they occur when placing products of third countries in circulation deadlines provided for in the articles of the First Chapter of circulation, to verify compliance with the relevant Community the Code of Administrative Procedure are respected and national legislation. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2327 3. The customs authorities provide the market Article 30 surveillance services of the General Secretariat of Industry Cooperation with other public services of any related to imported industrial products 1. For the wide and effective implementation of the control information ions. mechanisms, the General Secretariat of Industry 4. The customs authorities shall suspend the release of a must cooperate as well as participate product for free circulation in the Community market has joint audits with the General Secretariat of Trade, the and inform the national market surveillance authority if, General Secretariat of Consumer Affairs, the General during the inspection, it is found that one or more of the Secretariat of Public Works of the Ministry of Infrastructure following cases occur: of Transport and Networks, the State General Chemistry and the Economic Crime Prosecution Service of the Ministry of a) the product displays characteristics which can Finance, the Local Organizations give rise to serious suspicions that this, even with proper First and second grade Local Authorities, as well as with the installation, maintenance and use , presents a serious risk to Greek Police. the health, safety of consumers, the environment or the public 2. For the provision of information concerning the intra- Community commercial transactions or in transactions with security deposit, third countries, but also for receiving identity information b) the product is not accompanied by the written or importers, producers, or manufacturers, the General electronic documentation required by the relevant Secretariat of Industry cooperates continuously and national or community legislation or does not bear the label directly with the Services of the Ministry of Finance and the required by said legislation, services of the Hellenic Statistical Authority. c) the product bears a false or misleading CE marking. 3. For the optimal operation of the Rapid Information Exchange [RAPEX] system, which operates in our country 5. If the national market surveillance authority finds that regarding dangerous or unsafe products the product does not present a serious risk to health and ions, in accordance with the provisions of no. Z3/2810/2004 safety or if it considers that it does not violate of the decision of the Ministers of the Interior, Public meets the applicable requirements of the technical industrial Administration and Decentralization, Economy and Finance legislation, the product is released, provided that the of Ministers, Development, Health and Social Solidarity, remaining requirements and formalities relating to the release Justice and Transport and Communications (ÿÿ1885) and are met. Annex II thereof, the General Secretariat for Industry must 6. If the national market surveillance authority finds that cooperate and provide any evidence, update or information the product presents a serious risk to health, safety, the with the General Secretariat for Consumers. environment or that the product does not comply with the relevant Community and national legislation, it immediately If urgent measures are taken or are to be taken to informs the competent customs authorities and measures prevent or to limit or to submit to conditions the are taken to ban of placing the product on the market. marketing or use of a product or a batch of product, the General Secretariat of Industry shall immediately At the same time, a special note is placed, as the case may be inform the according to paragraphs 1 and 2 of article 29 of Regulation Consumer Secretariat and immediately provides every 765/2008/EC, in the commercial invoice and in any other element to document the relevant decision to take the document accompanying the product or even in the relevant measures. processing system itself 4. The General Secretariat of Industry cooperates with the of the data, if the processing thereof takes place General Secretariat of Communications of the Minister electronically matted. of Infrastructure, Transport and Networks, as well as the The special marking is even placed in cases National Telecommunications and Posts Committee for the cases where the product is subsequently declared for matters of their competence, as they derive from the another customs regime other than the entry into free provisions: circulation, as long as there is of course no contrary a) of Law 3431/2006 (A' 13) opinion of the national market surveillance authority. The b) of the p.d. 44/2002 (A' 44) and national authority can decide based on the principle of proportionalityc) of the decision 50268/5137/2007 of the Ministers Oiÿ responsibility for re-exporting or destroying or otherwise of Economy and Finance, Development and Transport and using the product. Communications (ÿÿ1853). 7. If the national market surveillance authority finds that 5. The General Secretariat of Industry ensures the strict the imported industrial products present deficiencies in their observance of the confidentiality of the information technical documentation or official controls and controls, ensures their protection and makes mance or do not provide the necessary information proper use of them in all cases and only to ensure the required by the technical legislation, inhibit their free effectiveness of controls and market supervision. movement and inform they ask the involved financial taxes in a timely manner subject to article 31, in order to take the fastest possible measures to remove the non-conformities. If the national Article 31 market surveillance authority finds that the non- Obligations of economic operators conformities have been removed, the fees are immediately informed 1. The obligations of the manufacturers, the authorities new principles for product release. authorized representatives, importers and Machine Translated by Google 2328 GOVERNMENT GAZETTE (ISSUE ONE) distributors, who are subject to the provisions of this law, immediately consult the competent national authorities of are defined in accordance with the following paragraphs. the member states in which it is registered the product becomes available and provide details of the 2. The manufacturers: non-conformity and any corrective measures taken. a) They ensure that, during the disposal of the products on the market, these are designed and manufactured j) Manufacturers shall provide the competent national according to the requirements of authorities, upon reasoned request by those authorities, are determined by the provisions of the corresponding with all the information and documentation required to technical legislation. demonstrate the conformity of the product b) Prepare the necessary technical documentation and ion, in Greek or English. Associate carry out or ensure the carrying out of the application consult with these authorities, at the latter's request, on core conformity assessment process. When product the actions to be taken to avoid risks from the products compliance with applicable requirements is complete, they have placed on the market. manufacturers issue an EC declaration of conformity and place the 3. Importers: conformity mark on the product. a) They are obliged to market only c) They keep the technical documentation and the declaration compliant products. EC conformity mark for as long as before b) They ensure before making a product available to the market seen in the corresponding technical legislation, after the that the manufacturer has carried out the inspection product is placed on the market, which is proportional to complete conformity assessment procedure provided the life cycle of the product and the level of for by the respective technical legislation. Also, viaÿ his fault. ensure that the manufacturer has drawn up the d) They ensure that the necessary measures are applied technical documentation that the product bears the required wrongdoings, so as to maintain compliance throughout marking or compliance markings, is accompanied by the production. Changes in product design or characteristics required documents and that the manufacturer has complied and changes in harmonized standards or technical with the above requirements f and g that concern him. specifications on the basis of which product conformity is declared shall be duly taken into account. If the importer considers that the product does not comply conforms to the relevant technical legislation, then it cannot e) Manufacturers, when there are suspicions that the place the product on the market before the product product presents risks to the health and safety of consumers, complies. Also, the importer informs the manufacturer, as carry out sampling tests on the products placed on the well as the supervisory authorities market, investigate the relevant complaints and of the market, when the product presents a risk. c) They note the name, the registered trade name keep a record of complaints, products found to be non- their name or registered trade mark and their address on compliant and actions taken to comply or recall or withdraw the product or, when this is not possible, on its packaging them and inform distributors accordingly. or in a document accompanying the product. f) They ensure that their products bear no d) They ensure that the product is accompanied by instructions same type, batch or series or any other element that allows and safety information, written on the their identification. When the size or nature of the product language in a manner understandable to consumers and does not allow it, manufacturers exÿ other end-users. ensure that this information is written on the packaging or 4. Manufacturers may appoint, by written order, an in a document accompanying the product. authorized representative. The obligations under g) They note the name, the registered trade name paragraph 2, which concern them, and the preparation of their name or registered trade mark and their address on the technical documentation are not assigned to an the product or, when this is not possible, on its packaging authorized representative. or in a document accompanying the product. The address The authorized representatives exercise the must indicate a single point at which the manufacturer can goods specified in the order they receive from the be contacted. manufacturer. The command must at least allow the authorized counterÿ h) They ensure that the product is accompanied by instructions person to: safety information written on the label a) keep the EC declaration of conformity and the technical language in a manner understandable to consumers and documentation at the disposal of the national supervisory other end-users authorities for as long as necessary, i) Manufacturers who consider or have reason to believe b) provides to the competent national authorities, after aiÿ that the product they have placed on the market does not invoiced request of these authorities, all the information and comply with applicable Community and national legislation documentation required to demonstrate the conformity of shall immediately take the necessary measures to ensure the product, the product's compliance c) cooperates with the competent authorities, upon request ion, where possible, otherwise withdraw or revoke it, as the of the latter, for any actions taken to avoid the risks involved case may be. In addition, when the product presents a risk, in the products covered by their mandate. the manufacturers inform Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2329 5. Importers, when there are suspicions that the ensure that the necessary measures are taken to ensure product presents risks to the health and safety of product compliance, where possible, otherwise withdraw consumers, carry out sampling tests on the products or recall placed on the market, investigate the relevant lun, as the case may be. In addition, when the product complaints and presents a risk, distributors shall immediately inform the keep a record of complaints, products found to be non- competent national authorities of the matter and provide compliant and actions taken to bring them into compliance details of the non-conformity and the corrective measures or recall or withdrawal and inform distributors accordingly. taken. e) Distributors shall provide the competent national 6. Importers who consider that the product they have authorities, following a reasoned request from these placed on the market does not comply with the applicable authorities, with all the information and documentation they require Community and national legislation shall immediately take to demonstrate product compliance. They cooperate with the necessary measures to ensure the compliance of the these authorities, at the latter's request, on the actions to product, where possible, otherwise withdraw or recall it, as be taken to avoid risks from the products they have made the case may be . In addition, when the product presents available on the market. a risk, importers shall immediately inform the competent national authorities of the Member States in which the 10. An importer or distributor is deemed to be product has been made available and manufacturer for the purposes of this law and is therefore subject to the manufacturer's obligations provide details of the non-compliance and the corrective in accordance with paragraph 2, when it places a product measures taken. on the market under its name or trademark or differentiates 7. Importers shall keep for as long as necessary a copy a product already on the market in a way that may affect of the EC declaration of conformity at the disposal of the compliance with the applicable requirements. authorities responsible for market surveillance and ensure that the technical file can be made available to those 11. Economic entities report, if requested, to the market authorities at their request. surveillance authorities and for as long as system the corresponding legislation provides for the identification 8. Importers shall provide the competent national of the following: authorities, upon reasoned request by those authorities, a) every economic operator who has them with all the information and documentation required to sell product; demonstrate compliance of the pre- b) each economic operator to which they have preÿ ion in Greek or English. Associate sell product. they consult with the authorities, at the request of the 12. Refusal of the manufacturers, authorized persons latter, on the actions that must be taken to avoid risks representatives, importers and distributors to cooperate from the products they have placed on the market. with the authorized control bodies during the exercise of controls at their facilities, preventing the bodies 9. The distributors: from entering the premises a) Act with due care in relation to applicable conditions of production, storage or distribution of products requirements when making product available on the or refusal to respond to the requests of the competent market. authorities to provide information and details of the product b) They verify, before making the product available ion, refusal to take corrective measures to remove the non- put on the market, that it bears the required marks conformities or to take measures to restrict the circulation mansions, that it is accompanied by the required of the products they have made available on the market, documents, as well as the instructions and safety incurs administrative sanctions of those responsible, information written in the Greek language in a way that is according to the next article. comprehensible to consumers and other end users and 13. Manufacturers and authorized dealers that the manufacturer and the importer have complied with persons keep and keep them, at the disposal of the their obligations. competent audit services of the General Secretariat When distributors consider the product not compatible of Industry, the technical documentation and the EC complies with the relevant technical legislation, then they declaration of conformity for a period of time per can make the product available on the market after it due to the life cycle of the product and in any case not less complies with the applicable requirements of the relevant than ten years, after the product has been made available legislation. being in the market. Importers shall keep and maintain Distributors shall also inform the customer promptly respectively a copy of the EC declaration of conformity manufacturer or the importer, as well as the supervisory authorities and shall ensure that the technical file can be made of the market, when the product presents a risk. available to the said services upon their request. c) They ensure that, for as long as the product is found under their responsibility, the conditions of storage or Article 32 transport do not endanger its compliance with the Sanctions requirements of the relevant legislation. d) Distributors who consider that the product they have 1. If the tested product does not comply with the made available on the market does not comply with requirements of the technical industrial law applicable Community and national legislation of attachment of Annex IV is issued, thereafter Machine Translated by Google 2330 GOVERNMENT GAZETTE (ISSUE ONE) on the recommendation of the competent Directorate of the Article 33 General Secretariat of Industry reasoned decision of the Implementation of mutual recognition Minister of Development, Competitiveness and Shipping on and National Contact Point the temporary prohibition of the 1. The principle of mutual recognition aims to ensure culling and placing on the market or the final prohibition or the free movement of goods within the internal market withdrawal, if from the results of the European Union and applies to products that after the laboratory tests it is found that the product does are not subject to Community harmonization legislation not comply with the requirements of the relevant legislation. or aspects of the pre- ions that do not fall within the scope of this legislation. 2. In the economic operators of article 31, the proÿ ions which, after a justified finding by the competent services, 2. National contact point for products not subject to do not comply with the provisions of the technical industrial they are in Community harmonization legislation, based on legislation of Annex IV, or to economic operators who do the requirements and meaning of the provisions of the Regulation not cooperate with the competent supervisory services of of Regulation 764/2008/EC of the European Parliament and the General Secretariat of Industry during the exercise of of the Council of July 9, 2008 "on the establishment of controls or refuse to receive measures to remove the non- procedures regarding the implementation of certain national compliance or the taking of measures to limit the availability of technical rules for products that are legally marketed in and circulation of the non-compliant products, administrative another member state and for the repeal of Decision no. sanctions are imposed according to the following paragraphs. 3052/95/EC" defined is the General Secretariat of Industry of the Ministry of Development, Competitiveness and Shipping, which 3. The sanctions imposed on economic operators who functions for this purpose as the national coordinator of the violate the legislation are perÿ actions related to the implementation of the reasons: classes of the Regulation. The competent Greek authorities a) the seriousness of the non-compliance of the proÿ designated as the case may be for the products, which fall ion, within the scope of application of Regulation 764/2008/EC, b) the dangerousness of the product, must provide the national contact point with all the c) the degree of refusal to cooperate with the parties information necessary for the effective performance of its fashion auditing services, tasks and inform it in any case of suspension of the d) the effects of any accident caused circulation of a product decided in application of a national of course and rule within the framework defined by the Rule e) of the relapses they present in the actions their strengths. regulation 764/2008/EC. The national contact point represents 4. Administrative sanctions for economic offenders the country in European and international bodies and committees small bodies are imposed by a decision of the Minister of talk about all Mutual Recognition issues. Development, Competitiveness and Shipping, after a 3. The national contact point for cooperating products lives with the separately designated competent Greek recommendation from the auditing services for the authorities for the products and especially for the matters of the market of the General Secretariat of Industry concerning: nias. a. in carrying out his duties as a point of contact, If product non-conformity is possible if there is a serious impact on the safety and health of the b. in informing economic operators, using user or consumer, the imposed administrative sanctions any suitable means, may amount to five hundred thousand (500,000) euros. The c. in the preparation of the annual report, preÿ d. in dealing with issues that arise second paragraph also applies in case of recurrence for during the application of Regulation 764/2008/EC. violations of articles 22 to 33. The amount imposed cannot 4. From the entry into force of this law cat be less than one hundred times decision No. B 2366/144/26.1.1998 of the Ministers of of the value of the product or ten times the estimated National Economy and Development (Bÿ 59) and No. damage of the accident. 10581/1015/19.5.2005 decision of the Ministers of Economy 5. By decision of the Minister of Development, Antagoÿ and Finance and Development (Bÿ) 706). nism and Shipping, the judges are specialized rias and the procedure for imposing sanctions, as well as CHAPTER VI the way of escalating the administrative sanctions of the FOREIGN TRADE previous paragraph. With the publication of of this phase, the provisions for the imposition of sanctions Article 34 provided for in technical biÿ cease to apply Concept of terms engineering legislation, as reflected in Annex IV. For the application of the provisions of articles 34 to 42, the terms mentioned below have the following meaning: 6. The imposition of the sanctions of this article teÿ is subject to the provisions provided by more specific laws a) "Foreign trade" means the exercise of commercial such as the National Customs Code (n. 2960/2001) and the activity for the shipment or transport of products provisions on smuggling. from or to the Greek Territory, regardless Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2331 so whether the country of dispatch or origin is in the b) To make the import or export of any product subject to Customs Territory of the European Union or outside it. prior permission from the same or another authority or body designated by him. b) "Imports" or "import activities" means the commercial c) To determine special conditions, based on which the activities of sending or transporting products to the Greek import or export of each product may be allowed. Territory from any other country, located either in the Customs Territory of the European Union (in accordance d) To determine the procedure and the method of with approval of the carrying out of imports and exports domestic acquisitions), or outside of that. except those concerning matters of competence of the c) "Exports" or "export activities" meaning monetary services. the commercial activities of shipping or forwarding 2. More special provisions, which prohibit entry you carry products from the Greek territory to any production or export of certain products or allow them under other country, located either in Teloÿ conditions, are not affected by the freeze territory of the European Union (intra-Community missions), rota law. or outside it. 3. By joint decision of the Minister of Development, Antiÿ d) "Importer" means any natural or legal person of Competition and Shipping and the case-by-case co- which, with a permanent establishment in the Greek competent Minister, issues of simplification, acceleration, Territory, carrying out import activities. removal of obstacles and clarification may be determined e) "Exporter" means any natural or legal person timing of the procedures in terms of the procedure which, with a permanent establishment in the Greek transparency of imports and exports. Territory, carrying out export activities. 4. If the country is declared in a state of emergency perÿ gys, by a joint decision of the Minister of Development, Article 35 Competitiveness and Shipping and the relevant Import and export exercise case of the competent Minister may, in imported or exported activity products from or to countries located outside the customs territory of the European Union 1. Any natural or legal person who carries out a s, to be determined: commercial activity and is registered in the General a) The manner and procedure of exercising control over Commercial Register (G.E.M.) is entitled to carry out import their prices. or export activity , in accordance with the b) The manner of carrying out the exchange control for provisions of Law 3419/2005 "Modernization of the Epime- them. of Legal Legislation" (Aÿ 297), as amended by Law c) Their payment method. 3853/2010 (Aÿ 90). d) The provision of guarantees for the observance of any 2. They are also entitled to carry out export activities obligations imposed by the provisions of the decisions of accuracy: this article, as well as the removal or forfeiture of these a) Those registered in the Unified Register of Traders of guarantees in favor of the State. Agricultural Products, Supplies and Inputs, in accordance 5. To violators of the provisions of the decisions with the provisions of Law 3955/2011 (Aÿ 89) and issued under the authority of this article, administrative b) Those registered in the Special Registers of Exporters, sanctions are imposed by the Minister of Development, in accordance with the provisions of article 9 of Law Competitiveness and Shipping 936/1979 "on the amendment and completion of the export actions, consisting of either a ban on exercising their final trade provisions, as well as abolition of co- activities for a period of up to one year or an administrative of provisions" (A' 144). fine of up to one hundred thousand 3. From the entry into force of this, the obligation to thousand (100,000) euros. The decisions of this article register in the Registers of case b' of the previous paragraph determine the criteria for the escalation of the provided is abolished. sanctions. Article 36 Article 37 Regulations in the exercise of foreign trade General Register of Exports 1. To fulfill the country's international obligations 1. The Ministry of Development, Competitiveness and arising from international agreements or from its participation Shipping maintains a General Register of Exports in the European Union and other international organizations, (G.E.M.E.), in electronic format, in which the necessary or for reasons of public interest statistics are registered to monitor the evolution of the bearing, concerning the protection of the data country's exports. of consumers in matters of public health and national or 2. In GE.ME. listed in particular: public security, the Minister of Development, Antagoÿ a) The type and quantity of exported products of Customs and Shipping, for imports or exports from or to as well as their countries of destination, a country located outside the customs territory of the b) the time of making the exports and European Union, may by its decisions: c) the details of the exporters. By decision of the Minister of Development, Antagonistiÿ a) Prohibit or limit, by quantity or value, the import or and Shipping can be provided for export of any product, either generally or by country or registration in GE.ME. and other elements, which are region. necessary for the monitoring of exports. Machine Translated by Google 2332 GOVERNMENT GAZETTE (ISSUE ONE) 3. GE.ME. is connected to the databases maintained by b) By joint decision of the Minister of Development, Antiÿ the GEMI Special Services of the local Chambers, and the of competitiveness and Shipping and of the relevant regulation competent services of the General Secretariat of Trade of two Ministers regulate the matters concerning the the Ministry of interconnection and interoperability of the E.O.P.S. with development, competitiveness and shipping, as defined in other information systems. article 2 of Law 3419/2005 (A' 297), as amended by Law c) By a joint decision of the Minister of Development, 3853/2010 (A' 90). GE.ME. is a Subsystem of a Single Competitiveness and Shipping and the Minister of Finance, Integrated Payment System the matters concerning the interconnection, interoperability Legal System (E.O.P.S.) of article 38. and integration of the E.O.P.S. with the Integrated Customs 4. By decision of the Minister of Development, Antagoniÿ Information System (ISIS), so that the two systems and Shipping, the related issues are regulated as well as the interoperability and interconnection between complete a single information system. GEMI and GEME, as well as the interconnection or 4. The E.O.P.S. provides comprehensive, codified and integration of GEME. in E.O.P.S. By joint decision updated information to the parties involved of the Minister of Development, Competitiveness and other businesses, institutions, organizations and users, Shipping and the relevant Minister as the case may be, regarding the applicable legislative and regulatory the interconnection of GE.ME. with the records kept by framework governing the status and procedures for issuing Exporters' Associations or other authorities or services of the supporting documents referred to in paragraph 2 of the country, regarding foreign trade. this article. For this purpose the E.O.P.S. is immediately informed by the services of 5. The items exported by the Hellenic Armed Forces , other co-competent Ministries and bodies after any change included in article 1 of Law 2168/1993 (ÿÿ 147), as in the relevant legislative and regulatory framework. supplemented by the provisions of art. 1 of Law 4928/2011 (ÿÿ 242), and in the lists of controlled 5. The General Secretariat of the Ministry of Development, dual-use products of EU Council Regulation 428/2009 Competitiveness and Shipping: a) Undertakes, with the support of MOD AE (law (Lÿ134), which include 2372/1996, Aÿ 29, as applicable), the provision of services entered into Greek legislation with the no. 121837/ for online connection of the E.O.P.S with the relevant State E3/21837/28.9.2009 decision of the Minister of Economy services, technical support and solving operational of Law and Finance (ÿÿ2182/2009), are recorded in the problems of infrastructure equipment and software, GEME, through special procedures, as defined by the gathering, evaluating above legislation, in cooperation with the co-competent monitoring and management of the requirements of the Ministries of Foreign Affairs and National Defense. users of the E.O.P.S., the analysis and processing of all Article 38 the information material required for the purpose of this One Stop Electronic Services law, the maintenance and development of the to facilitate Exports operating software, the training of users and the control and Imports (Single Window) and evaluation of the effective operation of the E.O.P.S., the analysis and the program 1. A Unified Integrated Information is recommended to integration for further improvements of its operation and the Ministry of Development, Competitiveness and Shipping efficiency, as well as the implementation of its relevant system (E.O.P.S.) for Electronic Services of One Stop upgrades. (Single Window) to facilitate the procedures of Exports and b) Supervises the effective operation Imports, through which all operations necessary for exports son of E.O.P.S. for the purpose of this Act. and imports, except those concerning the customs 6. By joint decision of the Ministers of Development, Antiÿ procedures. of competitiveness and Shipping and of the relevant regulations of Ministers may be provided by the E.O.P.S. data to other 2. In particular, through the E.O.P.S. carried out: public sector agencies or organisations . With the same a) The electronic submission of the relevant applications decision , the terms and conditions for providing these and supporting documents by the obliged enterprises for data are determined. the issuance by the competent services of the co-competent bodies of the necessary attestations, certificates, permits and other documents provided for by the legislation. Article 39 Export activity award b) The electronic processing of issuing procedures 1. The Minister of Development, Competitiveness and by the competent services of the attestations, certificates, Shipping may, after a proposal from the representatives licenses and other required by the legislation in each case of the exporters' bodies or their associations or links, to award awards for the successful exercise of export letters and the electronic receipt of these by the applicants. activities to three, per category of exported products, exporters, who in the year immediately preceding the award 3. a) The E.O.P.S. it interoperates with the Customs Integrated Information System (ISIS), as well as with remarkable export activity, innovative investment and information systems of other services and agencies. production activity and respect for international business ethics. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2333 2. The prizes are not of a monetary nature. The 2. The regulatory acts that have been issued before the award grants the right to the awardee to inscribe on entry into force of the present, pursuant to d all commercial documents classes of article 12 of the n.d. 3999/1959 "on control of handling, whether they concern export activities export trade and other provisions" (ÿÿ 230), or in rity or transactions at the national level, that it has received compliance with provisions of the European Union or the 1st, 2nd or 3rd prize in the specific branch of export international treaties, regarding the quality control of activity in the specific year. exported Greek products, remain in force, until the 3. The categories, the evaluation criteria for the awarding issuance of the corresponding regulatory acts provided of the above awards and the details of the application of for in this article. this article are determined by Article 41 phase of the Minister of Development, Competitiveness Free zones and warehouses and Shipping. Article 39 of Law 2960/2001 (Aÿ 265), as amended Article 40 amended by par. 10 of article 1 of Law 3583/2007 (Aÿ Export control 142), is replaced as follows: 1. To fulfill the country's international obligations "Article 39 deriving from international agreements or from its participation in the European Union and other international 1. Free zones and free warehouses are parts of the organizations, or for reasons of public interest customs territory of the country, distinct from the rest ronto, concerning the protection of consumers in of the customs territory, where goods from third matters of public health and national or public security countries deposited in them are considered for the may: application of import duties, taxes and trade policy a) By presidential decree, issued by proposal measures as not being in the customs territory of the of the Ministers of Development, Competitiveness and country. Shipping and Rural Development and Food, to determine the conditions that must be met, for their export, by the Domestic goods or goods in free circulation, when agricultural products of Greek production, in terms of deposited in free zone areas, are normally intended sorting, type, quality, preservation, the packaging and in for export general the treatment and appearance, as well as the care. manner of the relationship 2. By decision of the Minister of Finance: of quality control, carried out by the competent technical a) Free zones or free warehouses are recommended bodies of the Ministry of Rural Development and Food. If or abolished, or their limits are modified for the exercise of quality control of where laboratory or chemical tests are required for b) Its Administration or Management Body is defined exported agricultural products , it is possible with the free zone or free warehouse. aforementioned presidential decree to c) The terms of operation, management and control the exercise of quality control and the granting of the thereof, as well as the terms of circulation, etc. are determined relevant certificates to the State General Chemistry or of staying and managing the goods in avÿ to other bodies, which are defined therein. tes. d) The responsibility and responsibilities of their manager b) By decision of the Minister of Rural Development and are determined in such a way as to ensure the smooth Food to regulate issues related to the manner, conditions conduct of Community and international trade and means of exercising said control, as well as those river. related to the issuance of a quality control certificate for 3. For the establishment of a free zone and a free the certification of quality, origin and other details of these warehouse, a prior opinion of the Minister is required products. of Development, Competitiveness and Shipping and as the case may be: c) By presidential decrees, issued by pro- a) By the Minister of Foreign Affairs, when the free zone is of the Minister of Development, Competitiveness and established by request of an Administration Body or Executor Shipping, to determine the conditions that the exported of the free zone or the free warehouse in which natural or industrial and me- legal persons established outside the Greek Territory attractive products, in terms of construction, composition, participate. sorting, type, quality, preservation, packaging and in b) The Minister of National Defence, if they are free general handling and appearance. zones or warehouses are recommended in border areas. With a similar decree, the method may be determined 4. For the issuance of the decision to establish a free as well as the conditions for carrying out the control on the zone or a free warehouse, an application is submitted by products in question and the bodies responsible for carrying the Agency for Administration or Exploitation of the area where the free zone or free warehouse is to be established out the control , and regulating the issues related to the issuance of local quality control to certify the origin of the quality or warehouse to the General Directorate of Customs and other elements of these products. Excise Taxes of the Ministry of the Interior financial. Machine Translated by Google 2334 GOVERNMENT GAZETTE (ISSUE ONE) Attached to the above request for recommendation part two a feasibility study is carried out or submitted electronically, from NEW COMPANY FORM: which the following data must be obtained: private capital company CHAPTER A a) The expected contribution of the free zone or free warehouse general provisions to the increase in the trade of goods from third countries in combination with the general economic benefits expected from Article 43 its operation. Basic features 1. A new corporate form is introduced, the private capital b) The projected and/or existing traffic volume private company. This company has legal personality of non-EU goods through the proposal utility and is commercial, even if its purpose is not a commercial free zone or free warehouse. enterprise. It is prohibited for a private company to carry out a c) The provisions for proper administration and exploitation business for which another corporate form is exclusively defined receiving the free zone guarantees as well as those for the proper by law. management of the goods. 5. Free zones are managed by legal entities, while free 2. Without prejudice to article 79, only the company with the warehouses are managed either by natural or legal entities. circumÿ is liable for corporate obligations essence of it. 6. In the free zones and free warehouses , it is 3. The private capital company has a capital of at allowed by decision of the Minister of Finance, after a least one (1) euro. The partners participate in the recommendation from their Management Body, to company with capital, with non-capital or with guarantees carry out industrial or commercial activities ethical contributions, according to articles 77 to 79. of a commercial nature or provision of services by natural or legal 4. The private capital company may co- persons, as long as all the guarantees deemed necessary to is held by one person or becomes sole proprietorship ensure the shut up. The name of the sole partner is submitted to the public of customs legislation. through GEMH. 7. The non-Community goods deposited 5. The statute of the private capital company in a free zone or free warehouse may: reias and its amendments, as long as they are private documents, a) To be put into free circulation in force as well as the decisions of its partners and the minutes can be used provisions. drawn up in one of the official languages of the European Union. b) To undergo routine operations, without the permission of the In these cases, Article 14 of Law 3419/2005 (Aÿ 297) applies. In Customs Authority, which ensure their preservation, the the relations between the company and the partners with third improvement of their appearance or commercial quality or those parties, the text in Greek prevails. required for the preparation of distribution or resale their. Article 44 c) Be subject to the regimes of processing for re-export, Name processing under customs control, temporary import under the 1. The name of the private capital company is formed either by conditions provided for from these regimes. the name of one or more partners or by the object of the business it carries out. Fictitious branding is also allowed. d) To be abandoned in favor of the State or even to be destroyed, without the required procedures entailing costs for the 2. In the name of the private capital company State, while the sub- must in any case be contained in full remains of the disaster receive one of the customs destinations in writing the words "Private Capital Company" or the abbreviation provided for non-Community goods.' "I.K.E.". 3. While the company is a sole proprietorship, in the Article 42 its name includes the words "Individual Repealed provisions Private Capital Company" or "Individual I.K.E.". This indication is added or removed with kÿ From the entry into force of this, the following are abolished: registration in the G.E.MH., by the administrator, without a) the n.d. 3999/1959 "on control of the exporter amendment of the articles of association. trade and other provisions" (Aÿ 230), 4. The name of the company may be rendered b) Law 936/1979 "on amendment and supplement". entirely in Latin characters or in a foreign language. If of the provisions on foreign trade, as well as the repeal of related rendered in the English language it should include provisions" (Aÿ 144), has the words "Private Company" or the c) article 38 of Law 2778/1999 "Real Estate Mutual Funds - indication "PC" and if it is sole proprietorship the words Real Estate Investment Companies - "Single Member Private Company" or "Single Member PC". the Property and other provisions" (A' 295) and d) article 25 of Law 3229/2004 "Supervision of private Article 45 insurance, supervision and control of lucky children Seat of funds, application of the International Accounting Standards 1. The private capital company has its registered office and other provisions" (Aÿ 38). in the municipality mentioned in its statute. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2335 2. Transfer of the registered office of the company to of the company, judging by the process of voluntary another country of the European Economic Area does not jurisdiction, unless otherwise specified. result in the dissolution of the company, provided that this 2. With the original articles of association, the cases of country recognizes the transfer and the continuation of legal paragraph 1, as well as any other dispute arising from the little personality. The administrator prepares a report partnership between partners or between them and the in which the consequences of the transfer for partners, company, can be submitted to arbitration. Arbitration clause creditors and employees are explained introduced by amendment of Mr mind. This report, together with the financial statements of statute is valid only if it was decided unanimously. the transfer of the headquarters, are registered in the 3. The articles of association may include cases G.E.MH. and are made available to partners, creditors and provisions of paragraph 1, as well as any other dispute employees. The transfer decision is not taken arising from the partnership between partners or between if two months have not passed since this publication . The them and the company, in mediation, in accordance with the transfer is decided unanimously by the partners. The provisions of Law 3898/2010 (Aÿ 211). The relevant statutory competent Service of registration in the G.E.MH. may reject clause may refer to an organized mediation process or the registration application of the meÿ provide tax for reasons of public interest. say as a mediator a person who has the relevant certification. 3. The private capital company has no obligation The statute may provide that mediation is mandatory before sion to have its real headquarters in Greece. the case goes to court or goes to arbitration. 4. The private capital company may establish branches, agencies or other forms of secondary current establishment in other places in Greece CHAPTER II forest or foreign. ESTABLISHMENT OF THE COMPANY Article 46 Article 49 Duration The founding act The duration of the company is for a certain period of time. 1. The private capital company is established by one or If the duration is not specified in the articles of association, more natural or legal persons (founder the company lasts twelve (12) years from its establishment . them). The duration can be extended by a decision of the partners, 2. The deed of incorporation of the company is drawn up taken in accordance with article 72 para with a document that must contain the articles of association. Article 5. Unless otherwise specified, the extension is valid This document is notarized, if it is required by a special for twelve (12) years. provision of the law if they are contributed to the company assets, for the transfer of which it is necessary Article 47 Corporate transparency that type exists, or if chosen by the parties. 1. In every form of the company, its name, the company Article 50 capital and the total amount of the guarantee contributions Content of the statute of article 79, the number of G.E.MH. of the company, its 1. The articles of association of the company must contain: headquarters and its exact address, as well as whether the (a) the name, the residential address and any electronic company address of the partners; (b) the corporate name; (c) the reia is under liquidation. The company's website is also registered office of the company; (d) the purpose of the mentioned according to the next paragraph. company; (e) the status of the company as a private capital company; (f) the contributions of the partners by category of 2. The private capital company must, within one month of contributions and their value , in accordance with articles 77 its establishment, acquire a corporate website, where the to 79, as well as the capital of the company; (g) the total names and addresses of the partners, with the category of number of of corporate shares; (h) the initial number of contributions of each, the person exercising the management, as well as the information of the previous paragraph shares shares of each partner and the type of contribution that these shares represent; (i) the way of management and Phew. In G.E.MI. the company's website is also registered . representation of the company and (j) the duration of the Several companies can have a common website, if its company. content is clearly distinct per company. 2. More special agreements of the partners that it contains in the statute are strong, if not offensive 3. While the company does not have a corporate website, in this law. it is obliged to give or send the information of the previous Article 51 paragraph free of charge and without delay to anyone who Recommendation process requests it. For the process of setting up the company, apply Article 48 the provisions of article 5A of Law 3853/2010 (Aÿ 90), as Dispute Resolution this article is added by article 117 paragraph 3 of this law. 1. For the cases which, according to the provisions of Part These provisions also apply if, in accordance with the law, a B of this law, are subject to a court, the magistrate 's court license to operate the corporate business or the registration of the seat is exclusively competent is required Machine Translated by Google 2336 GOVERNMENT GAZETTE (ISSUE ONE) company statute must be approved by some competent body in Article 54 order for the company to begin operations in pursuit of its Liability of founders purpose. In these cases the permit or approval may be granted The founders who transacted with third parties in the name of after the company is incorporated but before it begins the the company before its formation are liable unlimitedly and operations for which the law requires a permit or approval. severally. However, the company alone is responsible for the actions taken during the period Article 52 this institution if, within three months of its establishment , it Publicity G.E.MH. assumed the relevant obligations by an act of the administrator. 1. The constitution of the private capital company is done by registering the company in G.E.MH. CHAPTER III 2. In G.E.MI. are submitted to the public provided for by article MANAGEMENT AND REPRESENTATION OF THE COMPANY 16 of Law 3419/2005 and the amendments to the statute, as Article 55 well as any other information referred to in this law, as well as One or more administrators in this law. The company is managed and represented by one or more 3. Regarding the results of the registration of the company managers. Where in this law there is talk of "administrator", it reias in G.E.MI. and of the entry in it of the other elements of also means the others paragraph 2, the provisions apply other administrators. provisions of Article 15 of Law 3419/2005. Article 56 Article 53 Management by law Annulment of the company Unless otherwise specified in the articles of association, the 1. The company registered with G.E.MH. preach acts of management and representation of the company are is invalid by a court decision only if: (a) it was incorporated carried out collectively by all partners or by the sole partner (legal management). Urgent without a document, in accordance with Article 49 paragraph 2, management operations, from the omission of which (b) the company's articles of association do not mention the if serious damage to the company is threatened, each partner company's name, purpose or amount of capital, (c) the purpose can carry out separately, notifying the other partners. of the company is illegal or contrary to public policy and (d) the sole founder or all the founders lacked legal capacity when they signed the deed of incorporation of the company, unless within Article 57 the annual period referred to in paragraph 2 one of them became Statutory management competent and approved the establishment of the company. The articles of association may define the manner of management management and representation of the private capital company (statutory management). Management can be done for a fixed 2. The application for the cancellation of the company is or indefinite time by one or more people submitted by any person who has a legal interest, within one more managers. The manager is appointed by a decision of the year from the registration of the company in G.E.MH., and must partners taken by a majority of the total number of company be notified to the company. In the country shares. Unless otherwise specified in the decision, the paragraph c of paragraph 1, the submission of the application is administrator appoints not subject to a time limit. lives indefinitely. In case of several managers, the acts of 3. The court that proceeds with the annulment places the management and representation are carried out collectively, company in liquidation with the same decision and appoints the unless the articles of association provide liquidator. he sees something else. Urgent management actions, the 4. The reasons for declaring invalidity in cases a', b' and c' of omission of which threatens serious damage to the company, paragraph 1 are cured if, until the discussion of the application, can be carried out by each administrator separately, notifying the statutes are amended so that the reason for invalidity no the other administrators. longer exists. The court hearing an application for the declaration of the property Article 58 may grant the company a reasonable deadline, no longer than Who is appointed administrator three (3) months, in order to take the decision to amend the An administrator can only be a natural person, a partner or articles of association and to register the amended articles of not. In the case of legal management, if one of the partners is a association with the G.E.MH. During the intervening period, the legal entity, it must designate a natural person who will be the court can order protective measures. administrator on its behalf. The legal entity is fully responsible for the management. 5. The court decision declaring the nullity the company is opposed to third parties from its registration in the G.E.MH. A third party can be exercised within a period of Article 59 one (1) month from Ms Revocation of administrator by decision of the partners this entry. The declaration of nullity does not affect the validity The administrator who exercises statutory management is of the company's obligations or claims. recalled by a decision of the partners taken by a majority of the total number of partners Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2337 of shares, if the articles of association do not specify a publicity formalities related to his appointment at the General greater majority. If management has been delegated for some time Assembly, unless the company proves that the third parties time, the articles of association may also define the reasons were aware of the defect. for revocation. Article 64 Article 60 Administrator powers – administrator fee Appointment and revocation of manager by a partner 1. The manager represents the company and acts in its 1. In the case of several managers, the name in every act that concerns the management of the static may provide that one or more of them are appointed company, the management of its property and the general and revoked by concreteÿ pursuit of its purpose. partner or partners with their joint declaration. The perÿ 2. Acts of the manager, even if they are outside the the call of such an administrator must be accompanied by corporate purpose, bind the company the appointment of a new one. As long as the one who has to third parties, unless the company proves that the third the right does not appoint an administrator or replace the party knew or should have known of the exceeding of the administrator he revoked, the management is carried out by corporate purpose. Compliance with the publicity formalities the remaining administrators. regarding the statute or its amendments does not constitute 2. Provision of the right of the previous paragraph proof alone . Limitations of the authority of the administrator letter by amending the articles of association is permitted of the company, arising fly only by unanimous decision of the partners. fly by the articles of association or by a decision of the Article 61 partners, they are not opposed to third parties, even if they Revocation of administrator by court have been submitted to the publicity formalities. 3. The administrator may delegate the exercise of specific 1. If there is an important reason, the court may powers to partners or third parties, if this is permitted by the may recall the manager exercising statutory management statute. upon request by partners who own one tenth (1/10) of the 4. The manager is not remunerated for the management, total number of companies unless otherwise provided by the articles of association or a of shares. A serious breach of duty or incapacity for regular decision of the partners. management is considered to be an important reason. An agreement not to be revoked by the court for good reason is Article 65 void. Obligation of faith 2. In case of revocation of the administrator, the administrator 1. The manager has a fiduciary duty towards the company. the other managers exercise their role, but the partner or In particular, he must: (a) not pursue his own interests that partners who had appointed the revoked manager can conflict with the interests of the company appoint another person in his place. If there are no other (b) to disclose in a timely manner to the partners his own administrators and as long as the partners do not appoint a interests, which may arise from the company's transactions, new administrator, the legal administration applies. which fall within his duties, as well as any other conflict of his own interests with those of the company or its affiliated Article 62 enterprises in the sense of par. 5 of article 42e of the law Lack of admin 2190/1920, arising during the exercise of their duties, (c) not In case of revocation of the manager according to art to carry out acts on behalf of himself or third parties, which 59, as well as in the event of his death, resignation, or disqualification for any other reason, the new administrator shall defined by a decision of the partners, otherwise the provisions are in the purpose of the company nor to be a partner of a of the articles of association apply. The articles of association personal company, E.P.E. or private capitalÿ may provide for the appointment of an administrator by the majority a partnership, pursuing the same purpose, unless the of digits of the remaining administrators or the continuation of partners decide that such acts are permitted and (d) to administration by the remaining administrators without observe the confidentiality of partnership affairs. replacement. Each partner or manager can call the meeting of partners to elect a new manager. If the partners do not 2. The articles of association may specify the obligations elect a manager and the articles of association do not provisions of paragraph 1. contain relevant provisions, legal management applies. 3. In case of violation of the prohibition of case c' of paragraph 1, the company is entitled instead of compensation, he must demand, in order for acts Article 63 performed on behalf of the manager himself, to be considered Publicity that these acts 1. The appointment, revocation and replacement of the were done on behalf of the company, in order for acts done administrator are subject to publication in the G.E.MH., in on behalf of another, to give the company the fee for the accordance with the relevant provisions of Law 3419/2005. mediation or to assign the relevant claim to it. These claims The lack of publicity has the consequences of paragraph 3 are time-barred after six (6) months since the above actions of article 16 of Law 3419/2005. were announced to the companies 2. A defect in the appointment of the administrator is not objected to by third parties, as long as the and in any case after three years. Machine Translated by Google 2338 GOVERNMENT GAZETTE (ISSUE ONE) Article 66 distribution of profits, the appointment of an auditor and the Bookkeeping release of the administrator from liability, (d) for the exclusion 1. The administrator must keep: (a) a "partners' book", in of a partner, (e) for the dissolution of the company or the which he registers the names of the partners, their address, extension of its duration and (f) for the conversion and merger the number of shares held by each partner, the type of of the company. contribution represented by the shares, the date of acquisition 3. Delegation to the administrator of the power to amend the and transferring or encumbering them and the special rights articles of association, in accordance with paragraph 2 pÿ granted by the articles of association to the partners and (b) paragraph a' of this article, not provided for in the "unified book of practical decisions of the partners and from original articles of association, is decided by unanimity of the partners. The authority granted to the administrator phases of management". In this last book are registered all to amend the statute may not exceed three years. the decisions of the partners and the decisions of the management taken by several managers and which do not Article 69 concern issues of current management or, regardless of the Assembly of partners number of managers, constitute acts registrable in the G.E.MH. 1. Without prejudice to article 73, the decisions of the partners are taken in a meeting. 2. The company bears the burden of proof that the decisions 2. The assembly is convened at least once a year and within meetings of the partners and manager took place on the date four (4) months from the end of the corporate year with the and time recorded in the book. purpose of approving the annual of financial statements (regular meeting). Article 67 Administrator responsibility Article 70 Convocation 1. The manager is liable to the company for violations of this law, the articles of association and the decisions of the 1. The meeting is convened by the partners, as well as for any management fault. This operator, according to the provisions of the statute, but in any responsibility does not exist for acts or omissions based on case at least eight (8) days before. The day of the convocation and the day of the meeting are in a lawful decision of the partners or concerning a of arrival are not counted in this deadline. A personal invitation reasonable business decision, which was made in good faith, of the partners is required by any suitable means, including based on sufficient information and exclusive electronic mail (eÿmail). specifically to serve the corporate interest. If several administrators acted jointly, they are jointly and severally liable. 2. Partners who have one tenth (1/10) of the joint stock number of corporate shares are entitled to request the 2. By decision of the partners , the administrator may be administrator to convene a meeting specifying the agenda released after the approval of the annual financial statements items. If the manager does not convene the meeting within ten of minor statements only for administrative faults (10) days , the requesting partners themselves proceed with together, unless the partners unanimously grant a general the convening with the proposed agenda. exemption. 3. The company's claim is time-barred after three years from 3. The invitation to the meeting must contain precisely the the performance of the deed. place and time, where the meeting will take place, the 4. Any partner or manager of the company can also conditions for the participation of the partners, as well as a bring the company's action for compensation . By detailed agenda. decision of the partners, a special ex- 4. By way of derogation from the previous provisions, the person of the company to conduct the trial. meeting can validly convene if all partners are present or CHAPTER IV represented and co- DECISIONS OF THE PARTNERS – THE MEETING nainun (universal assembly). OF PARTNERS Article 71 Article 68 Meeting place Competence of partners 1. The meeting can be held anywhere indicated in 1. The partners decide on every corporate case the statute, inside or outside s. final. If this place is not mentioned, the meeting can be held at 2. The partners are the only competent to take decisions: (a) the company's headquarters or anywhere else, if all the on the amendments of the articles of association, which include partners agree. the increase and decrease of the capital, unless the present 2. The articles of association may provide that the association law or the articles of association provide that specific meeting of the partners is conducted by teleconference. Each amendments or acts of increase or decrease of capital are partner can demand that the meeting be held made by the manager alone, (b) for the appointment and recall by teleconference, as far as he is concerned, if he resides in a of the manager, subject to article 60, (c) for the approval of the country other than the one where the meeting is held or if there annual financial statements, the is another important reason, in particular illness or disability. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2339 Article 72 may be requested by the administrator, as well as by any Participation in the meeting – Conduct partner who did not attend the meeting or vice-versa of the assembly and decision-making was included in the decision, with an application submitted 1. All self-promoting partners participate in the meeting to the competent court within a period of four (4) months in person or by proxy. They have the right to speak and vote. from its entry in the record book. The applicant can ask the court to appoint a special representative of the company to 2. Each corporate share entitles one vote. The articles of conduct the trial. The final decision on nullity applies to association may set a maximum number of votes that each everything. If the contested decision of the co partner can have in making certain decisions. In this case, for the calculation of the majority, it is considered that the of arrival was registered in the G.E.MH., the court decision additional shares of the partner do not exist. canceling it is also registered. 2. A decision of the meeting of partners that is contrary to 3. The right to vote cannot be exercised by a partner, the law or the articles of association is void. The property manager or not, if it is to be decided to appoint a special validity is recognized by the court following an application representative to conduct proceedings against him (Article submitted by any person who has a legal interest, within a 67 paragraph 4) or to relieve him of his responsibility (Article period of six (6) months from the entry of the decision in the 67 paragraph 2) or the from record book its closure by the company according to article 93. com. In the event that by amending the statute 4. The assembly decides with an absolute majority of the If the purpose of the company becomes illegal or an object total number of company shares. The deÿ of public order, as well as when the decision results in a phases of the assembly bind the absent or disputing partners. permanent violation of provisions of mandatory law, the projection of invalidity is not subject to a deadline. 5. In the cases of paragraph 2 of article 68, cases a', d', e' and f', the assembly decides with an increased majority of 3. A decision recorded in a document, without meeting two thirds (2/3) of the total number of company shares. the conditions of article 73 or which is contrary to the law or the statute, is invalid. The last two paragraphs of the 6. The articles of association may increase the percentage previous paragraph apply accordingly. of all or certain decisions, or stipulate that certain decisions are taken unanimously. The articles of association may also provide that some or all decisions are taken by a majority of CHAPTER V the number of partners, representing the majority CORPORATE SHARES AND CORPORATE CONTRIBUTIONS voting of the total number of corporate shares Article 75 of Adoption of the provisions of this paragraph by Shares amendment of the articles of association requires unanimity 1. Participation in the private capital company requires of the partners. the acquisition of one or more companies 7. The decisions of the partners are registered in ric shares. Corporate shares cannot be represented minutes book kept according to article 66. by shares. The company can grant a document for the Article 73 corporate shares that it does not have Decisions of the partners without a meeting credit card holder. 2. The initial number of corporate shares of each partner By way of derogation from the provisions of the previous ones is defined in the articles of association in accordance with of articles, the decisions of the partners, if they are article 50. Subsequently, this number may be increased or unanimous, can be taken in writing without a meeting. This decreased in accordance with the provisions of this law. regulation applies even if all the partners or their 3. Corporate shares have a nominal value of tulaÿ representatives agree to have their majority decision recorded in a document, without consequence histon of one (1) euro. The nominal value is the same for all taking The relevant minutes are signed by all the partners corporate shares, regardless of the type of contribution to with reference to the minorities. The signatures of the which they correspond. partners may be replaced by an exchange of messages by 4. Corporate shares may be objects electronic mail (e-mail) or other electronic means, if so community, usufruct or pledge. Obligations arising from non- provided capital or guarantee contributions, within the meaning of it falls in the statute. The above-mentioned minutes articles 78 and 79, paragraph are divided in the minutes book kept according to article 66. they exclusively tear down the petty master or pawnbroker. The one who has the right to vote is defined by the statute, otherwise articles 1177 and 1245 of the Civil Code apply Article 74 accordingly. Defective decisions of the partners 5. If a company share belongs to more than one, the 1. Decision of the meeting of partners that takes co-owners must appoint a common representative to was elected in a manner that is not in accordance with the the company. If not indicated, statements related to law or the statute or by abuse of the power of the majority the corporate status of the trade unions under the terms of article 281 of the Civil Code can be validly made to any of them. of the Code, is canceled by the court. The cancellation Machine Translated by Google 2340 GOVERNMENT GAZETTE (ISSUE ONE) Article 76 either the fulfillment or the cancellation of the shares Types of contributions corresponding to the contribution which is not provided 1. Corporate shares represent contributions by the companies was A further claim for compensation by the company is not excluded. ron. 2. Partners' contributions can be of three types: capital, non- 4. In cases of cancellation of corporate shares due to the exit capital and guarantee. Each corporate share represents a single or exclusion of a partner, as well as in the case of forced type of stock divestment of corporate shares , the partner who has not fully hammer provided the extra capital 3. The number of shares of each partner is his lay contribution, he is obliged to pay the company in cash proportional to the value of his contribution. the part of the benefits that he did not perform. The value of the benefits is that of the contribution, as specified in the statute, or Article 77 part of the contribution. Capital contributions 1. "Capital contributions" are contributions in cash or in kind Article 79 that form the capital of the company. Guarantee contributions 2. Capital contributions in kind are allowed only if the 1. "Guarantee contributions" are contributions that include contribution is an asset, which can be valued in money during stand in assuming responsibility towards third parties for the the company's debts up to the amount specified in the articles of meaning of article 8 par. 5 of the law 2190/1920. The result association. The partner who provides a guarantee contribution this measurement is made in accordance with articles 9 and 9a is deemed to declare responsibly that he is able and that he will of the law 2190/1920. Valuation is not required if the value of make every effort to be able at all times to pay the company's the contribution, according to the articles of association or the debts up to the amount of the previous paragraph. decision increasing the capital, does not exceed five thousand (5,000) euros. 3. Increase or decrease in the number of corporate shares 2. The value of each guarantee contribution is determined in that correspond to capital contributions can only be made by the articles of association and cannot exceed seventy- five increasing or decreasing capital. percent (75%) of the amount of the liability according to 4. The capital must be paid in full when the company is paragraph 1 of this article. established or when the capital is increased 3. The liability of the partner covers any debt of the company of the body. The manager of the company must, within one according to paragraph 1 with interest and other charges. This month of the establishment of the company or the increase of responsibility exists directly and primarily against the creditors, the capital, confirm the full payment of this, with a deed who can bring a direct action against the partner. The partner registered in the G.E.MH. In the case of non-full payment, the can raise objections against the lender that are not based on administrator proceeds with a corresponding reduction of the his person only if they could be raised by the company. About capital and cancellation of the company shares corresponding to the capital that was not paid. partners who are liable in this way are jointly and severally liable. 5. In the company there must be at least one corporate share representing a capital contribution 4. In case of bankruptcy of a partner with a guarantee ra. If, due to the cancellation of shares, there are no longer any contribution, each creditor of the company may claim shares that correspond to capital contributions, the company laugh at this bankruptcy. The amount distributed cumulatively must either appoint a person, partner or third party, who will to the company's creditors can not exceed the amount of the redeem such a share, before it is cancelled, or increase its liability defined in the first paragraph of paragraph 1, reduced capital within one month from the cancellation. Omission of increase fromÿ proportionally to the extent that the claims of the secured bankruptcy creditors are also satisfied. Up to this limit, the it is grounds for judicial dissolution of the company at the request of anyone with a legal interest. company's creditors are classified as debtors Article 78 in accordance with Article 154 of the Bankruptcy Code. Extra capital contributions 1. "Extra capital contributions" consist of paÿ 5. The partner who has provided a guarantee contribution liabilities that cannot be the subject of a capital and paid corporate debt has no right of recourse against the contribution, such as receivables arising company. they fly from undertaking an obligation to perform tasks or 6. In cases of cancellation of company shares due to the exit provide services. These benefits must be specified in the articles or exclusion of a partner, as well as reÿ of association and be performed for a definite or indefinite sale of company shares, the partner who has not fully paid the period of time. amount of his liability from the guarantee contribution, is still 2. The value of the contributions that are undertaken, either liable to third parties for the payment of the company's debts during the formation of the company or afterwards better specified in the articles of association. of those who were born before the registration in the G.E.MH. 3. In case of non-provision of the non-capital contribution of these events, for a period of three (3) years after this the company can request from the court registration. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2341 7. After every change in the guarantee contributions CHAPTER VI of the company, the administrator submits for possession TRANSFER OF COMPANY SHARES launch at G.E.MH. updated status with the change that has OTHER CHANGES IN THE COMPOSITION OF THE COMPANY occurred and the guarantee contributions of the individual partners that exist with the amount of liability that has not Article 83 been paid for each contribution. This situation is also posted Freedom of transfer on the company's website. 1. The transfer and encumbrance of private shares of a capital company alive or cause of death is free to him, subject to the following articles. Article 80 Accounting monitoring of contributions 2. Partner with shares corresponding to extra capital The method of accounting monitoring and presentation lay or guarantee levy, which has not been fully paid, is not of non-capital and guarantee contributions is allowed to transfer his shares , until he redeems his determined by a joint decision of the Finance Ministers obligations arising from them in accordance with article 82. and Development, Competitiveness and Shipping. According to the articles of association, the valuation of extra-capital Article 84 and guarantee contributions is entered in an account Transfer while alive rations of equity capital. 1. The transfer or encumbrance of the company shares Article 81 during life is done in writing and results in the company and Refund of contributions the partners from the knowledge The return of capital contributions prior to the dissolution of substitution in that of the transfer. This notification is in writing the company is only permitted through and signed by the transferor case of capital reduction. Refund of other contributions or living and the acquirer. The communication of the release of partners from obligations notification document to the company can also be contributions undertaken with these contributions is not done by e-mail. The administrator must permissible. shall immediately register the transfer in the register of partners, provided that the conditions for the transfer have Article 82 been met, as provided for in the law and the articles of Acquisition of liabilities from non-capital association. As for third parties, the transfer is considered to or guarantee contributions have taken place from the entry in the partners' book. 1. Despite the provision of article 81, the partner has the right oma to redeem the obligations it has assumed from extra- 2. The statute may exclude or include capital or guarantee contribution, converted stipulates the transfer or encumbrance of shares while alive. by giving his shares in shares of capital contribution and It may also provide for a right of preference of the other paying to the company in the form of a capital increase for partners, if a partner intends to transfer his share, as well as the non-capital contribution an amount equal to the value of the right of the company to indicate a partner or a third party for the purchase of the shares, which are to be transferred, his contribution, as defined in the articles of association, and instead of the full price determined by the judge- for the guarantee contribution the full amount of his responsibility. If these obligations have been partially fulfilled, rio, unless the parties agree on its amount or the articles of the amount payable is set by the company proportionally. In association define the manner of its determination. case of dispute of the payable amount or, if the company does not determine the amount, the court decides at the Article 85 request of the partner, in accordance with article 371 of the Transfer cause of death Civil Code. The capital increase is carried out by the manager, 1. The administrator must register without any without the other partners having a right of preference. In the delay in the transfer of corporate shares aiÿ case of a judicial determination of the redemption amount, of death in the register of partners, after checking the right of the increase is carried out when the decision becomes final. the heir. 2. The articles of association may stipulate that in the event of the death of a partner, his corporate shares are redeemed 2. From the registration in G.E.MH. of the increase keÿ by a person indicated by the company, a partner or a third capital, the partner has the shares corresponding to the party, instead of a full price determined by the court, unless increase. the parties agree on its amount or the articles of association 3. The right to redeem obligations from a guarantee define the manner of its determination. The notification must contribution cannot be exercised by an interested partner be made within one (1) month from when the company who has already been sued by a creditor of the company for becomes aware of the death and must be notified to the heir payment of this debt. The articles of association may prohibit or legatee. the redemption of obligations from guarantee contributions ho, as well as to the other partners. The articles of association for a certain period of time from their assumption, which may also provide that the surviving partners have a preemptive cannot exceed three years. right to redemption in the event of equal to their participation in the company. Machine Translated by Google 2342 GOVERNMENT GAZETTE (ISSUE ONE) Article 86 be taken due to the objections of a partner or partners, Option right whose percentages are reduced, the court may, at the The partners may agree among themselves or with third request of the company, allow the entry of the partner or the taking of contributions from existing partners, if there is an parties to grant an option to buy or sell shares. This agreement is recorded in the partners' book. If the important reason, which imposes it is in the interest of the company. administrator ascertains that the option has been exercised, he must immediately record the change in the beneficiary in 2. This article does not apply in case capital increase. the book. Article 90 Article 87 Capital increase Same shares The company is not allowed to acquire, directly or indirectly 1. Capital increase is done by increasing the number of corporate shares. between, own shares. Shares that are acquired, in any way, 2. In the event of a capital increase that is not made with despite the previous provision a contribution in kind, all partners have a right of preference of paragraph are automatically cancelled. In the event of a to the new capital, depending on the number of company merger of a private capital company with the absorption of shares each has. I'm right another company, which owns shares of the first, these but of preference is exercised with a declaration to the shares are automatically canceled upon completion of the company within twenty (20) days from the registration of the merger. In the above cases decision of the partners in the G.E.MH. The articles of rebates the manager must by act of proÿ association may provide that only partners with shares proceed without delay to ascertain the reduction in the corresponding to capital contributions have the right of number of company shares and possibly the corresponding preference. The right of preference may be abolished or capital reduction and to proceed with the relevant registration limited by decision of the companies in the G.E.MH. taken according to article 72 paragraph 5. If this decision Article 88 cannot be taken due to objections Forfeiture of corporate shares of a partner or partners, whose percentages are reduced, the last paragraph of paragraph 1 of article 89 shall apply 1. Confiscation of company shares is possible even if their accordingly. transfer is excluded or under 3. The company's articles of association may provide that lies in limitations. The confiscation is made in accordance the capital will be increased at a certain point in time with with articles 1022 et seq. of the Code of Civil Procedure. new contributions of a certain amount ("approved The relevant application of the lender and the decision of the retained capital”). The time point can be adjusted of the court ordering the seizure are also served on the it is appointed in the form of a section or term or by a company. The court may order as an expedient means of decision by the manager or the partners. Unless otherwise exercising the right under Article 1024 of the Code of Civil stated in the articles of association, all partners have an Procedure and the transfer of the partnership shares to obligation to pay these contributions, depending on the partners or to a person designated by the partnership upon amount of the company shares they hold. payment of the full price, determined by the court everyone has. In the event of an increase in the capital in this way, the manager is obliged to adjust the company's sterio. The court takes cognizance of the interest capital with a relevant declaration to the G.E.MH. Unless of the partners or the third party indicated by the company otherwise stated, new contributions are in cash. in any convenient procedural way. 2. In case of bankruptcy of a partner, his corporate shares Article 91 belong to the bankruptcy estate and Reduction of capital are subject to application of article 146 of the Bankruptcy 1. The capital reduction is done by canceling the existing one Code. In lieu of divestiture, the bankruptcy court may, upon of shares corresponding to capital shares application by the company, order the transfer of the and respecting the principle of equal treatment of the company shares to partners or third parties designated by partners who have such shares. The articles of association the company, with payment to the creditor of the full price may provide for the consent of these partners or their determined by the court. separate decision taken by a majority digits. The reduction is not allowed to bring the capital to zero, unless it is simultaneously increased . Article 89 New partner entry – new contributions 2. In the event of a reduction in capital, it shall be released from existing partners assets may be assigned to the partners with shares 1. Unless the statute provides otherwise for the corresponding to capital contributions, only if the corporate entry of a new partner or the assumption of new creditors do not object contributions by existing partners, a unanimous you. The raising of objections must be done with a statement decision of the partners is required. This decision from the lenders to the company within one month of the must mention the number of shares acquired and the registration of the partners' decision to reduce the capital in contribution to be made. If the decision cannot the G.E.MH. If there is such a thing Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2343 statement, the court rules at the request of the company. The in this case the company can claim compensation according court may allow the return of the assets to the partners or to article 78 paragraph 4. For the rest , paragraph 4 of article make it conditional on repayment of the creditor, provision of 92 applies accordingly. CHAPTER VII providing adequate collateral, or taking out a personal guarantee PARTNER RELATIONS WITH THE COMPANY billing from partners. If objections are submitted by more than AND RELATIONS BETWEEN PARTNERS one lender, one decision is issued in respect of all of them. This paragraph does not apply Article 94 lives if the reduction is for amortization of losses or for the Rights and obligations of partners formation of a reserve. 1. Unless otherwise provided in this law or the articles of Article 92 association, corporate shares provide equal rights and Partner exit obligations, regardless of the type of contribution to which 1. Each partner can leave the company for an important they correspond. To provide partners with new rights or reason by a court decision, which impose new subÿ given upon his request. charges, an amendment to the articles of association is 2. The articles of association may include provisions on the required with the agreement of all partners or the consent of right of partners to leave the company the one to whom the obligation concerns. under certain conditions. It can also provide for the exit of a 2. Each partner is entitled to receive information about himself partner with extra capital in person or with a representative of the company course cases with a declaration by the company, if this partner of cases and to examine the books and documents becomes unable to fulfill the provision corresponding to this of the company. He is also entitled, at his expense, to receive contribution, in particular due to illness or retirement or excerpts from the partners' book and the minutes book of because he has inherited the companies article 66. The articles of association may provide that the ric shares. rights of this article are exercised at regular intervals of no 3. The outgoing partner is entitled to receive the longer than three months. The company can no r value of its shares. If the parties do not agree on the valuation or the statute does not specify how it is determined, deny the provision of information or access to the books if the court decides. In any case, the company can claim there is a serious threat to the company's business interests. compensation under article 78 paragraph 4. 3. Each partner has the right to request information 4. After the exit of the partner the administrator subÿ necessary for the understanding and assessment of the is obliged without delay to cancel his shares and, if applicable, agenda items of the meeting to reduce the capital and to readjust the number of company sis. shares with a relevant entry in GE.M.H. However, it may be 4. Partners who have one tenth (1/10) of the partnership stipulated in the articles of association that in case of exit the of the legal number of corporate shares are entitled at any company shares will not be canceled but will be bought by a time to request from the court the diÿ person indicated by the company, instead of paying the full appointment of an independent certified auditor-accountant value of the shares determined according to to investigate serious suspicions of violation of the law or the articles of association and to communicate the result with a report to the partners and the company. according to paragraph 3. The articles of association may Article 95 provide that the partners have a right of preference in the Company contracts with partners or the manager acquisition, according to the percentage of their participation in the company. 1. Every contract between the company and the partners or the administrator must be recorded in the minutes book of Article 93 article 66 by the administrator and announced to all partners Partner exclusion within one month of its conclusion. If the company is moÿ If there is an important reason, the court, upon application of each manager or partner, may excludeÿ person, this registration is a condition of the validity of the from the company a partner, if there has been a decision for contract, unless the contract concerns current acts concluded this by the other partners in accordance with article 72 under normal conditions. paragraph 4. The application must be submitted within sixty (60) days of receiving the decision of the partners. The court 2. The articles of association may submit specific or all can issue a temporary order by which it orders the necessary contracts of paragraph 1 to approval of the partners. securities measures, which may include a temporary suspension of the 3. The execution of the contracts of paragraph 1 is disqualified partner 's right to vote . From the finality of the prohibited, as long as such execution is void decision and the payment to the excluded party of the full the satisfaction of the company's other creditors is achieved, value of his shares, determined as defined in paragraph 3 of in whole or in part. the previous article, the company continues among the other 4. Agreements between the company and partners, partners. In every case concerning the management of the company's property on behalf of the latter, are permissible. Machine Translated by Google 2344 GOVERNMENT GAZETTE (ISSUE ONE) CHAPTER VIII Article 100 ANNUAL FINANCIAL STATEMENTS Approval of statements by partners DISTRIBUTION OF PROFITS – CONTROL and profit distribution Article 96 1. For the approval of the annual financial statements Annual financial statements positions and the distribution of profits requires a decision The private equity firm prepares an annual of the partners. 2. Each year and before each distribution of profits , financial statements that include: (a) the balance sheet, (b) at least one twentieth (1/20) of the the profit and loss account, (c) the distribution of results net profits, to form a regular reserve. This reserve can only table and (d) an appendix that includes all the necessary be capitalized or offset against losses. Additional reserves information and explanations for the most complete and may be provided for by the articles of association or decided understanding of the other statements, as well as the by the partners. manager's annual report on corporate activity during the 3. For profits to be distributed, they must be proÿ year ended. The articles of association may provide for the drawing up of other financial statements derive from the annual financial statements. The partners sence. The statements are signed by the administrator and decide on the profits to be distributed. The articles of are a single set. association may stipulate a minimum mandatory distribution of profits. Article 97 4. The participation of the partners in the profits is Census proportional to the number of shares each partner has. The Once a year, at the end of the corporate year, the statute may provide that for a certain period of time, which manager of the company is obliged to prepare shall not exceed ten years, one shall inventory of all its assets and liabilities, with a detailed or partners do not share or have a limited share in the description and valuation. The company's annual financial profits or the product of the liquidation or that they have the statements are drawn up by its manager based on this right to receive additional profits. inventory. 5. The partners who received profits in violation of the previous paragraphs must return them to the company. This claim can also be made fraudulently by the Article 98 lenders. Method of preparation and publication 6. The previous paragraph also applies in cases of hidden situations payment of profits or indirect return of contributions. 1. For the preparation of the annual financial statements the provisions of articles 42, 42a, 42b, 42c, 42d, 42e, 43, 43a and 43c of the law apply accordingly. 2190/1920. Article 101 When according to the applicable provisions the annual Consolidated financial statements financial statements are prepared in accordance with the 1. Every private capital company, which governs International Accounting Standards, the provisions set forth under Greek law, if it is a parent as defined in case A of in articles 134 et seq. 2190/1920. par. 5 of article 42e of the law 2190/1920, is obliged to 2. The annual financial statements are published in the draw up an G.E.MH by the administrator. and the company website consolidated financial statements and consolidated within three (3) months from the end of the corporate year. management report. The provisions of paragraphs 1 and 2 of article 43b of the 2. For the preparation of the consolidated financial law apply accordingly. 2190/1920. statements, the provisions of articles 90 to 109 of the law apply. 2190/1920. Article 99 CHAPTER IX Control SETTLEMENT AND CLEARANCE 1. For the control of the financial statements of the private Article 102 capital companies, apply again Company in a state of threat due to the provisions of articles 36, 36a, 37 and 38, as well impossibility of fulfillment as par. 4 of article 43a of the c.n. 2190/1920. The auditors are appointed by the partners and their appointment is If the company is in a dangerous situationÿ registered in the G.E.MH. remaining unable to fulfill its debts, within the meaning of 2. Private capital companies that, at the closing of articles 3 paragraph 2 and 99 paragraph the balance sheet, do not exceed the limits of two of paragraph 1 of the Bankruptcy Code (law 3588/2007), the the three criteria of article 42a par. 6 of the c.n. administrator is obliged without culpable delay to convene 2190/1920, are exempted from the obligation to audit a meeting of the partners, which will their financial statements by sworn auditors decide the dissolution of the company, the filing of an application good accountants. Paragraphs 7 and 8 of the above article for bankruptcy or the initiation of a reorganization procedure or 42a apply accordingly. the adoption of another measure. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2345 Article 103 2190/1920. The plan to accelerate and complete the liquidation Reasons for solution is approved by a decision of the partners in accordance with 1. The private capital company is dissolved: (a) by article 72 paragraph 5. Any application to the court at any time by decision of the partners, (b) when the specified sterio is submitted by partners who have one tenth (1/10) of time of duration has passed, unless this time the total number of company shares. to be extended before it expires by decision of the partners, (c) if the company is declared bankrupt, and (d) in other cases 5. After completion of the liquidation, the liquidator provided by this law or the articles of association. rist prepares financial statements at the end of the liquidation, which the partners are asked to approve by their decision. 2. The dissolution of the company, if not due to bankruptcy Based on these situations , the liquidator distributes the round of the duration, is registered in the G.E.MH. by the product of the settlement liquidator. of giving to the partners, according to the number of shares of each. The articles of association may provide that partners Article 104 with shares corresponding to capital contributions are Liquidation and liquidator preferred in distribution. With the agreement of all the partners, 1. If the company is dissolved for any reason, except for the liquidator can carry out a direct distribution of the property. declaring it bankrupt, the following due to liquidation. Until the end of the liquidation the company 6. The liquidator ensures its registration is deemed to continue and retain its name, to which the words completion of the liquidation at GEMH. "under liquidation" are added. 7. While the liquidation lasts or after it ends bankruptcy due to final validation of the reorganization plan 2. The authority of the company's organs during the or for the reason of article 170 paragraph 3 of the Bankruptcy liquidation stage is limited to the actions necessary for the Code (law 3588/2007), the company can be revived by liquidation of the corporate property. The liquidator can also unanimous decision of the partners. take new actions, as long as they serve the liquidation and the interest of the company. CHAPTER I CONVERSION ÿ MERGE 3. The liquidation is carried out by the manager, unless the articles of association provide otherwise or a decision is made Article 106 as well as the partners. The partners can decide Conversion of a private equity company differ from the articles of association only with the majority of in another corporate form article 72 paragraph 5. 4. The provisions for the administrator are applied perÿ 1. The private capital company can meÿ is converted into a company of another form by a decision of also to the liquidator. the partners, taken in accordance with article 72 paragraph 5. Article 105 In any case, if after the trans- Clearance works If the partners of the private capital company are to be liable 1. Upon the commencement of the liquidation, the liquidator for the debts of the company, their express consent is required. is obliged to take stock of the company's assets and liabilities and to draw up end-of-year financial statements, which are 2. For the conversion, the rest of the procedure required for approved by a decision of the partners. As long as the the establishment of the new corporate form is followed. From liquidation continues, the liquidator is obliged to the registration in G.E.MH. of the conversion decision and the new statute, the converted private capital company con- must prepare financial statements at the end of each year. is sold under the new corporate form. The legal staff 2. The liquidator is obliged to terminate without delay ity continues and the pending lawsuits continue in the name what the pending affairs of the company, to pay off its debts, of the company in its new form, without interruption of the to collect its claims and to convert the corporate property into litigation. The administrative licenses that had been issued in money. During the liquidation of the company's assets favor of the converted company continue to exist. let the liquidator have to prefer the sale of the business as a 3. If there are shares that correspond to exoceÿ whole, where this is possible. capital contributions, before the conversion, a contract must 3. Partners with non-capital contributions continue be signed between the company and the partner that regulates and during the liquidation stage to provide services, which the fulfillment of the relevant obligations are the subject of their contribution, to the extent that this is charges after the conversion. A relevant mention is made in necessary for the process the conversion decision. completion of liquidation operations. Partners with shares 4. If there are shares that correspond to guarantees corresponding to guarantee contributions are still liable to ethical contributions, the partners with these shares sixÿ third parties for the payment of the company's debts for a are bound to be responsible even after the conversion for a period of three (3) years after the dissolution of the company. period of three (3) years for the corporate obligations that arose until the registration of the conversion in the G.E.MH., 4. If the liquidation stage exceeds three years, unless the company's creditors agree article 49 par. 6 of the law applies accordingly. were submitted in writing to the conversion of the company. Machine Translated by Google 2346 GOVERNMENT GAZETTE (ISSUE ONE) Article 107 Article 109 Conversion of another corporate form to a private one Merger plan capital company 1. The managers of the merging companies draw up a 1. A company of another form may be converted into a joint merger plan in writing which, in the event of the private capital company by decision of the establishment of a new company, includes its articles of or shareholders, obtained in accordance with the association. provisions of the law for the case of dissolution of the 2. The merger plan contains at least: (a) The name, specific corporate form. In any case registered office and VAT number. of the merging meaning, if partners of the company are to take part companies. (b) The definition of relation as they correspond to non-capital or guarantee of exchange of corporate shares and the reason contributions, their consent is required. evaluation, so that it is fair and reasonable. The exchange 2. For the conversion, the procedure required for the relationship of corporate shares concerns the synoÿ establishment of the private capital company is followed, all of the contributions of the partners of the merging as defined in article 51. companies, regardless of whether they are capital, non- 3. The decision to convert with the articles of association capital or guarantee contributions. The corporate shares of the private capital company is registered in the G.E.M. resulting from the merger correspond have in the type of contribution, which representÿ like the old corporate shares. (c) The date from which the company shares entitle its partners or the merging submit written objections to the conversion. With these companies to participate in the profits of the merging objections, the lenders can request adequate guarantees, company, as well as any special condition related to this as long as the financial situation of the converted right. (d) The date from which the actions of the merging company makes this protection necessary. If no objections company or companies are considered, from an are raised, this is noted in the G.E.MH. at the request of accounting point of view, to be carried out on behalf of the company and the conversion takes place from the the merging company, as well as the fate of the financial time of registration of this note. In the event of objections, de- the court may, upon application by the company, allow results of the merging companies, which will arise from the conversion if it considers that the financial situation this date until the date of completion of the merger as of the company or the guarantees received by these provided for in article 112 paragraph 3. lenders or the guarantees offered to them do not justify their objections . The application is communicated to the 3. The merger plan is registered with the G.E.MH., to lenders who have raised the objections. The court's which each of the merging companies is subject at the decision is only subject to an appeal by default. In the request of their administrators. case Article 110 in this case, the conversion is done with the registration Creditor protection in the G.E.MH. of the decision rejecting the objections Within one month from the last registration of paragraph or which rejects the default judgment challenge. 3 of the previous article, the 4. By making the conversion the convertor shareholders of the merging companies, whose claims limited company continues in the form of the private arose before this registration, have the right to present capital company. The legal personality continues and the written objections and request adequate guarantees, if pending lawsuits continue in the name of the company in the economy its new form, without interruption of the litigation. The the state of the merging companies makes this protection administrative licenses that had been issued in favor of necessary. Following an application by the debtor the converted company co company, the court may they cease to exist. prevent the merger despite the objections of a creditor or 5. The general partners of the general or limited partnership creditors, if it considers that the financial situation of the limited liability company, which was converted into a merging companies or the guarantees already received private capital company, continue to be liable for five (5) by these lenders or the guarantees offered to them do years after the conversion into joint and several and not justify their objections. The application is communicated unlimited for the corporate obligations generated to the lenders who have raised the objections. The court's were borrowed until the registration of the conversion in decision is only subject to an appeal by default. the G.E.MH., unless the company's lenders consent were put in writing in the conversion of the company. Article 111 Article 108 Valuation of assets Merger of private equity firms of the merging companies The merger of private capital companies is carried out 1. For the assessment of the assets of the merging either by absorption or by setting up a new company. In companies and the legal and logical nature of the this chapter the absorbing company and the new exchange relationship, a report is drawn up to the company are called "merging". partners of these companies in accordance with articles used" companies. 9 and 9a of the law. 2190/1920. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2347 2. By joint mandate of the merging companies, the 2. The merger is annulled by the court upon the application persons carrying out the assessment may draw up a single of anyone with a legal interest, submitted within three (3) report for all the companies. With the agreement of all the months of possession partners of the merging companies Article 112 paragraph 3. The competent court in some cases the preparation of the above report may be gives the interested companies a reasonable deadline to omitted . remove the defects of the merger if possible. Article 112 3. The nullity of the merger is recognized by the court Approval of the merger by the partners ÿ upon application of any person with a legal interest, Registration of the merger decision submitted within six (6) months from the registration of 1. The merger plan, as well as the amendments to the article 112 paraÿ articles of association required for the implementation Article 3. In case the purpose of the merger its constitution or the articles of association of the new of the nominating company is illegal or contrary to public company, must be approved by a decision of the partners order, as well as when its articles of association result in a of each of the merging companies. A decision cannot be continuous violation of mandatory law provisions, the taken if the protection procedure has not been completed projection of invalidity is not subject to a time limit. of creditors of article 110. 2. If the merger is to be decided by the meeting of 4. The judicial decision that declares invalid or re- partners, each partner has the right knows the invalidity of the merger, registers one month before the meeting , at the company's in G.E.MH. Within a period of three (3) months from this headquarters, at least: (a) the merger plan and (b) the registration, a third-party appeal may be filed against the report of the above decision. throu 111. The meeting cannot take a decision on the 5. The invalidity of the merger declared or recognized merger, if the above deadline has not been met. does not affect the validity of the obligations of the merging company that arose during the period after the date of 3. The decisions of the partners approving the agreement registration of article 112 paragraph 3 and before the digestion together with a responsible statement of the acquisition managers of the merging companies that the interÿ provision of paragraph 4 of this article. The companies proceedings for the protection of creditors of article 110, that took part in the canceled merger are registered in the G.E.MH., following a joint request of are jointly and severally liable for these obligations. the administrators. Article 113 Article 115 Results of the merger Unfair and reasonable exchange relationship From the time of registration of article 112 para 1. The merger shall not be declared invalid on the grounds paragraph 3, the following results shall occur, vis-à-vis the that the exchange relationship of the corporate shares of merging companies and third parties, automatically and the partners of the merging companies with corporate without any other wording: shares of the merging company is not fair and reasonable. (a) The merging company shall be substituted in all In this case, each partner of the merging companies can general rights and obligations of it or the merging claim from the merging company the payment of companies. This transfer is similar compensation in cash. The compensation is determined by is done by universal succession. In the merging company the court after a lawsuit by each victim. The claim para the administrative licenses that were issued in favor of the merging company are also included. shall take place after three (3) months have passed since (b) The partners of the amalgamating firm(s) become the registration of article 112 paragraph 3. partners of the amalgamating firm. 2. The burden of proof that the exchange relationship is (c) The obligations of the partners participating in the fair and reasonable borne by the merging company. merging companies with non-capital or guarantee contributions, continue to exist as before. CHAPTER IA' ADJUSTMENT OF PROVISIONS TO THE NEW (d) The merged companies cease to exist CORPORATE FORM they have Article 116 (e) Pending lawsuits are automatically continued in the Adjustment to the general provisions name of the merging company without coming- due to the merger, the trial is discontinued. 1. Where in the legislation there are regulations that reÿ apply generally to capital companies: (a) these arrangements Article 114 are extended to private capital Nullity and invalidity of the merger private limited liability company, unless the law or the 1. The merger is voidable under the conditions nature of the private limited liability company requires provisions of article 74 paragraph 1 or, if the procedure of otherwise, and (b) in relation to the private limited liability the above articles was not followed, invalid if company, references to percentages of capital shall be the cases of article 74 paragraphs 2 and 3 apply. deemed to refer to percentages of total total number of company shares. Machine Translated by Google 2348 GOVERNMENT GAZETTE (ISSUE ONE) 2. Where the legislation stipulates that activity may be in the compulsory insurance of the O.A.E.E. the holders carried out by limited liability companies of registered shares, of one or more of the above listed nis, henceforth it will be able to be exercised by private companies, representing a percentage of public use cars capital companies as well. less than or equal to 10%. Those of his persons we 3. Paragraph 4 of article 98 of the Bankruptcy Code is precedeÿ replaced as follows: referred to in the paragraph, they personally drive the "4. The provisions of the previous paragraphs are also jointly owned car for public use or another vehicle of the applied to the limited liability company, as well as to the same nameless company, they are not subject to the insuranceÿ private capital company." of the O.A.E.E. but of I.K.A. – E.T.A.M. If they do not 4. Case a' of par. 1 of article 2 of Law 3777/2009 (A' personally drive the jointly owned car of the same 127) is replaced as follows: anonymous company and do not have insurance from "a) the joint-stock company (A.E.), the limited liability another job or employment, they must be insured with company (EPE), the private capital company (IKE), the the O.A.E.E. limited liability company and the European Company e) The managers of a Private Capital Company (SE) with its seat in Greece." appointed by the articles of association or by a decision 5. The laws that provide incentives for metaÿ of the partners. business formations include in the f) The sole partner of a Sole Proprietorship . through their application and the private capital company. b) In paragraph 1 of article 3, peÿ is added 6. The third paragraph of article 1047 of K.Pol. fall Gÿ as below: D. is replaced as follows: "g. The partners of a Private Capital Company." "If it's about legal entities, except for joint- stock 10. After case e' of par. 1 of article 101 of the Income companies, limited liability companies Tax Code (law 2238/1994, A' 151), case f' is added as criminal and private capital companies, in terms of the follows: debts of paragraph 1, first paragraph of this article, "f) The private capital companies". personal detention is ordered against their representatives, 11. The current tax provisions for limited liability and in the cases of companies (LLCs) apply Article 947 paragraph 1 is ordered against the legal also in private capital companies (I.K.E.). representatives of the party who is in custody." 7. The second paragraph of paragraph 1 of article 11 of Article 117 p.d. 34/1995 (A' 30) is replaced as follows: Adaptation to Law 3853/2010 "However, it is permitted after three years from the 1. Article 1 of Law 3853/2010 (A' 90) is replaced as conclusion of the contract to grant the use of the lease to follows: a personal or limited liability company or to a private capital company or to an anonymous company "Article 1 reia, which will be established with a minimum participation Scope – Purpose of the lessee at a rate of 35%." 8. The last paragraph of par. 1 of article 11 of The purpose of this law is to simplify the procedures for p.d. 34/1995 is repealed. setting up personal and capital commercial companies, 9. The p.d. 258/2005 "Statute of the Self- Employed and in particular for joint-stock companies, hetero-stock Insurance Organization (O.A.E.E.)" (A' 316) is amended companies (of any form), private capital companies, as follows: limited liability companies and joint-stock companies a) Paragraph 2 of Article 1 is amended as follows: (hereinafter: "Companies"). » "2. In accordance with the previous paragraph obliga- 2. Case a' of article 2 of Law 3853/2010 oat insurance of the O.A.E.E. also fall under: is replaced as follows: a) The members or shareholders of Organizations, "a) "One Stop Service": Consortiums or any form of Companies, except the "aa) Subject to Article 1 and Article 7 of Law 3419/2005 Anonymous and Private Capitals, whose purpose is (ÿÿ 297), as amended by Article 13 of this law, natural in the activity, for which the persons practicing it are persons or legal entities under public law, which subject to the insurance of the O.A.E.E. b) The members of the Board of Directors of S.A., with are responsible for the initiation, processing and a business object of professional or craft activity, as long completion of the procedures for the incorporation of as they are shareholders according to regular and hetero-regular companies (of any form), correct 5%. private capital companies, limited liability companies and c) The members of the Board of Directors of S.A., joint-stock companies. The competent Services of the whose business object is trading, which then Geni- have at least a percentage of the Company's Capital to 3%. d) The shareholders of Joint Stock Companies, whose of the Commercial Registry (G.E.MH.) of article 2 of law purpose is to transport persons or things for a fee with 3419/2005 (A' 297), as amended by article 13 of this law, public cars, as long as they are holders of registered as well as Citizen Service Centers (C.E.P. ) that receive shares. They don't belong the “piÿ Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2349 provision of one-stop services", as provided for in c) Collect the single promissory note article 4 of this law. to the company formation and the capital accumulation bb) As a "One Stop Service" for setting up a company tax , as well as the granting of the relevant proof of payment limited liability companies, joint-stock companies, etc of the single cost letter of company formation and the as well as in all cases where a notarial document is drawn capital accumulation tax. up for the incorporation , the notary who draws up the d) Ensure the granting of A.F.M. to the companies notarial document of incorporation is designated. The same taxes, where required, as well as for the issuance of the applies to private capital companies, for the establishment required tax information certificates of which a notarial document may be drawn up." of e) Subject to paragraph 3, take care of the registration 3. Article 5A is added to Law 3853/2010 as follows: and registration of the company in the GEMH Service . of article 2 of Law 3419/2005 (A ' 297) and for the granting of "Article 5A a National Identification Number . and Registration Code Procedure for setting up private Number provided for in par. 7 of article 5 of Law 3419/2005. capital companies 1. For the establishment of a private capital company f) Ensure, through access to the relevant electricity rea, the contracting parties or the sole founder or the nica files, for the issuance of A.F.M. of the company, as person who is legally authorized to do so, take the following well as for sending a notice of the establishment of the actions before the "One Stop Service" : company, as well as the details of its partners and managers to the relevant social security organizations. a) File the company's incorporation document. This document covers the contract type g) Register the company with the competent authority notarial document if required by a special provision chamber. of the law, if assets are contributed to the company 3. If from the control provided for in par for the transfer of which this type is required, or if chosen case A' of paragraph 2, it appears that the application, the by the parties. supporting documents provided or the document position do not meet the conditions of the current legislation, b) They submit a signed registration application to GEMH. the interested parties are invited, by phone copy or e-mail, to make the necessary clarifications, c) Submit an application for the registration of the company corrections or additions in writing within two working nymia to the relevant chamber and for the registration of days, or, if justified by the circumstances, within ten the company as a member thereof. working days d) They pay the single cost bond within days of receiving the relevant invitation. The granting company position. of this deadline accordingly extends the deadline provided e) They submit a declaration for the concentration tax above in the paragraph and immediately pay the corresponding tax. Article 2. If the deadline of two or ten working days f) They submit a responsible declaration for the address days has passed without being implemented or the data, of the company. despite their timely submission, still do not meet the g) They submit the necessary applications and supplements conditions of the law, the establishment of the company is fill out the necessary forms for the granting of a number not registered in the G.E.MH. and the letter of the tax register. eye of the uniform cost of setting up a company and the 2. On the same day or at the latest on the next working tax on the concentration of capital paid back day and after the completion of the actions provided for in are issued, in whole or in part, in accordance with the paragraph 1, the "One Stop Service" is obliged to: provisions of the joint ministerial decision of case A' of paragraph 2 of article 4." a) Check the registration application and the 4. The provisions of article 42 of the n.d. 3026/1954 (Co recommendation document, as to the legitimacy of the Court on Lawyers) do not apply to the drawing up of notarial applicant and the completeness of the submitted documents for the establishment of private capital of data and documents that he submits. In particular, it is companies or modification of the checked whether the company's articles of association their static. state the name, the purpose and the amount of the company's capital, as well as whether, based on the Article 118 submitted documents, the purpose of the company is illegal Adaptation to G.E.MH. or contrary to public order, as well as whether the sole 1. Case b of paragraph 1 of article 1 of Law 3419/2005 is founder or all the founders are incapable of legal action. replaced as follows: "b. The association of persons that trades through cyÿ b) Occurs, through access to electronic numbers primary or secondary establishment in the country and heia of G.E.MI. in pre-checking the brand and granting pre- every commercial company, provided that it was approval for use. If the proposed brand conflicts with a incorporated according to Greek law, i.e. the general previous registration, the "One Stop Service" informs the and limited (simple or by shares) company, the civil interested cooperative, which includes the mutual menus and, after consultation with them, changes the insurance and credit cooperative, private capital company, brand name. limited liability company Machine Translated by Google 2350 GOVERNMENT GAZETTE (ISSUE ONE) thinis and the anonymous company. From the registration CHAPTER XII in G.E.MH. the building cooperatives provided for in p.d. are CRIMINAL, FINAL AND TRANSITIONAL PROVISIONS excluded. 53/1987 (Aÿ 52), maritime companies ries recommended by Law 959/1979 (Aÿ 192) and the Article 119 shipping companies of pleasure boats that Penal provisions are established according to Law 3182/2003 (Aÿ 220)." He is punished with the penalties of article 458 of the 2. The first paragraph of case b of par. 2 of Criminal Code: Article 2 of Law 3419/2005 is replaced as follows: a) The partner or manager of a private capital company, "b. the receipt, initialization and legality check of the who knowingly makes false statements regarding the relevant applications and accompanying documents payment of the company capital. documents, as well as the legality check of legal acts, b) Whoever intentionally omits the preparation of the statements, documents and other data concerning the annual financial statements beyond the deadline obligors in accordance with paragraph 1 of article 98. and justify the registration, change or deletion, except in the c) Whoever knowingly prepared annual financial cases of formation of the general and limited (simple or by statements in violation of the provisions of the shares) company, the private capital company, the limited of the law or the statute. liability company and the anonymous company, when this is d) Whoever distributes profits that do not result from the carried out by the "Sub- annual financial statements or result from false or illegal statements. one-stop shop", as provided for in the current legislation". e) Whoever violates the provisions of article 47, paragraph 1 of article 66 and paragraph 7 of article 79. 3. Paragraph 8 of article 7 of Law 3419/2005 replaces it reads as follows: f) The manager who fails to adjust "8. Paragraphs 4 and 5 of this article do not apply to the to (increase or decrease) the capital in the cases defined in registrations carried out by the One-Stop Services during articles 77 par. 4, 82 par. 1, 87, 90 par. 3, 92 par. 4 and 93 the formation stage of general partnerships, limited last paragraph. partnerships (of any form), private capital companies, limited liability companies and above- Article 120 Facilitation of conversion of existing companies company names, as provided by the current legislation." limited liability in private capital company ÿ Initiation of establishment of I.K.E. 4. Paragraph 1 of article 15 of Law 3419/2005 replaces 1. Until December 31, 2013, existing companies it reads as follows: limited liability companies can be converted into private "1. With the registration in the G.E.MH. of legal facts capital companies according to article 107, if this is decided notes, statements, documents and other elements, symÿ by the meeting of partners, taken either by a majority of at according to the provisions of this law, with respect to least two-thirds of the total number of partners, which general partnerships, limited partnerships (simple or by shares), joint-stock companies, limited liability silent two-thirds of the entire company capital, or with a companies, private funds majority of at least three-quarters of the entire company public companies, urban cooperatives, companies referred capital. Clauses of the statute to in cases c', d' and e' of paragraph 1 of article 1 and the which provide for higher majority percentages are not taken debtors referred to in case b' of paragraph 2 of article 1, the into account for this decision. following results: 2. The submission of a request to the competent One Stop Service for the establishment of a private capital company a. The legal entities to be incorporated defined in is allowed two months after the entry into force of this law. the previous paragraph acquire legal personality county. PART THREE b. Subject to the special provisions of the text SIGNS of legislation regulating the conversion or change classification of the companies, the transformation of the CHAPTER A liable companies into joint stock companies is carried out CONCEPT AND CONDITIONS OF PROTECTION limited liability companies, private capital companies, urban cooperatives and to companies referred to in cases c, d and Article 121 e of paragraph 1 of article 1. Points from which it is possible to consist of a signal c. The statute is amended. A mark can be any graphic point capable of distinguishing d. The merger or division takes place, with only the the products or services of one company from those of other registration and before the deletion of the company that is companies. being absorbed or divided. e. The solution comes after a decision of the partners or In particular, words, names, brand names, the issuance of a relevant administrative act. nicknames, illustrations, drawings, letterÿ f. Revival is coming.” the, numbers, colors, sounds, including Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2351 of musical phrases, the shape of the product or the co- for registration, provided that by the date of of its formulation. position acquired a distinctive character due to its use. Article 122 Acquisition of right Article 124 Related grounds for inadmissibility The right to exclusive use of the mark acquired by its registration. 1. A point is not accepted for registration: a. if it is identical with an earlier mark and the products Article 123 or the services for which the mark has been applied for are Absolute grounds for rejection identical to those for which the earlier mark is protected, 1. Points which: a. cannot constitute a mark according to b. if because of the identity with the earlier mark and the article 121, similarity of the goods or services or the similarity with the b. lack distinctive character, earlier mark and the identity c. consist exclusively of signs or indications that can be of the products or services or the similarity with the earlier used in trade for the municipality mark and the similarity of the products or services, there is determination of the type, quality, properties, distribution a risk of confusion among the public, which includes the quality, destination, value, geographical origin or time of risk of its association with the earlier mark, production of the product or provision of the service or other characteristics of the product or service, c. if it is identical or similar to an earlier mark which has acquired a reputation and the use of the later mark would d. consist exclusively of signs or indications, which contribute to it, have become customary in everyday language or in without reasonable cause, unfairly benefit from the the legitimate and established practice of the trade, distinctive character or reputation of the earlier mark or e. consist exclusively of the scheme imposed by would damage the distinctive character or reputation is required by the nature of the product or is necessary to thereof, regardless of whether the later mark is intended to achieve a technical result or adds substantial value to the distinguish goods or services similar to the goods or product, services of the earlier mark- f. are against public order or morals, of g. they can mislead the public, for example 2. Prior trademarks according to this law mean: but, as to the nature, quality or geographical origin of the product or service. a. trademarks, including international ones valid in Greece 2. Similarly, points which: and Community ones, which have been registered before the filing date of the trademark declaration, after taking into a) are intended to distinguish wines or spirits account the that contain or consist of protected and priority or seniority of those presented, deriving from EU legislation, a geographical indication denoting wines or spirits, as long as the wines or spirits in b. the earlier trademark declarations, incl question do not have the taking into account the above international and deemed origin, community ones, subject to its registration, b) contain or consist of a name proÿ c. the marks which, on the date of origin or geographical indication of agricultural products of the declaration of the mark or possibly on the priority and foodstuffs already registered in accordance with EU date of its support, are universally known within the meaning legislation. and relate to the same type of product, provided of Article 6 bis of the Paris Convention. that the application is submitted division of the mark in question is submitted after the 3. Point not accepted for registration: date of submission of the application for registration of a. if it impinges on the right of an unregistered trade mark the designation of origin or the geographical indication or other distinguishing mark or characteristic used in trade, of the agricultural products and foodstuffs. which 3. The following shall not be registered as trade marks: gives the right holder the right to prohibit the use of a later a. the names of states, the flag, emblems, symbols, mark, provided that such rights have been acquired before coats of arms, signs and epithets of the Greek State the date of filing of the mark in question, after taking into and the other states, which refer account any claimed priority rights, referred to in article 6 tris of the Paris Convention for the Protection of Industrial Property (n. 213/1975 , Aÿ 258) and with the conditions of this article, as well as the points of b. if it impinges on a prior right of the personality of a third great symbolic importance and particular public interest party or on a prior right of intellectual or industrial property and especially religious other than those regulated by this law, tical symbols, representations and words, b. the points whose deposition is contrary to good faith or c. if it is likely to cause confusion with a mark registered was made in bad faith. and used elsewhere 4. By way of derogation from the provisions of cases dap at the time of filing the declaration, if it was made in b, c and d of paragraph 1, point is accepted bad faith by the applicant. Machine Translated by Google 2352 GOVERNMENT GAZETTE (ISSUE ONE) 4. Written consent, with or without conditions, of the c. removing the brand from genuine products and placing and holder of an earlier trademark submitted at any them on the market as anonymous or with another brand. stage of examination of the trademark by the Trademark Service, the Administrative Committee for Trademarks or the Administrative Courts shall remove the obstacle Article 126 to possession pursuant to Article 124 paragraph 1 of this law Protection limitation of this. 1. The right granted by the trademark to the owner does not prevent third parties from using the CHAPTER II changes: RIGHT CONTENT a) the name, surname, brand name and address EXTENDED PROTECTION their offense, b) indications related to the type, quality, destination, Article 125 value, geographical origin, time of production of the Content of the right product or provision of the service or other characteristics 1. The registration of the trademark gives the owner an thereof, exclusive right. In particular, it provides the right to use c) the mark itself, if this is necessary this, the right to add this to the products with a view to declaring the destination of the product or ions, which it is intended to distinguish, to characterize service, especially when it comes to components or spare gives it the services provided, to add this to the parts, as long as this use is in accordance with good wrappings and packaging of the goods, to the business practices applicable in industry or commerce. correspondence paper, to the invoices, the prices catalogs, advertisements, all kinds of advertisements, as 2. The right granted by the mark does not interfere well as in other printed material and to use it in electronic allows third parties to use in transactions an earlier right or audiovisual media. of local validity if this right is exercised in the territorial 2. Use of the mark is also considered to be: limits in which it reads a. the use of the mark in a form that differs in terms of is thrown its elements, which, however, do not change its distinctive character, Article 127 b. the application of the trademark to products or equipment Loss of right due to tolerance in Greece with the sole purpose of export, 1. The owner of an earlier trademark or other right residence within the meaning of paragraphs 2 and 3 c. the use of the mark with the consent of diÿ respectively of article 124 does not have the right to demand and owner, as well as the use of a collective mark by prohibit the use of a later registered trademark for the persons entitled to this. goods or services for which it was used, if he knowingly 3. The owner of the trademark is entitled to prohibit any tolerated the use of that trademark for a period of five third party from using in transactions without his permission: consecutive years ago unless the later mark was filed in bad faith. a. point identical to the mark for products or service services identical to those for which the mark is registered, 2. In the case of paragraph 1, the owner of the later registered trademark cannot prohibit the use of the earlier b. sign for which, by reason of its identity or similarity to trademark or other right. the mark and the identity or similarity of the products or services covered by the mark, there is a risk of confusion, including the risk of association, Article 128 Exhaustion of right c. a mark identical or similar to the mark which has 1. The right provided by the trademark does not allow its acquired a reputation and the use of the mark would, owner to prohibit the use of the trademark without reasonable cause, give it an unfair advantage of for products that have been made available with this mark the distinctive character or reputation of the earlier mark within the European Economic Area by the beneficiary or would damage the distinctive character or reputation of himself or with his consent. the earlier mark, regardless of whether the mark is 2. Paragraph 1 shall not apply if the beneficiary has intended to distinguish goods or services that are similar reasonable grounds to object to the subsequent commercial to the goods or services of the predecessor exploitation of the products, in particular when the condition weak signal. of the products changes or deteriorates after they have 4. The owner of the trademark is entitled to prohibit any been placed on the market. third party from: a. the simple passage of falsified or counterfeit goods Article 129 of products through the Greek Territory destined for Non-claim and limitation statement another country or the import for the purpose of re- export, The depositor may at any time and regardless of pending litigation: b. the attack of the mark on genuine products paÿ a. to make a declaration of non-assertion of rights to of his work which he intended to be released as an certain non-essential elements of the declared trademark hint, mother, Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2353 b. to make a declaration of restriction of products Article 132 or services mentioned in the declaration of deposit. License Article 130 1. It is permitted to grant exclusive or non- use of the Splitting the deposit statement national or international trademark valid in Greece for part or trademark registration or all of the covered products or services and for all or part 1. The depositor or proprietor of a trademark may of the Greek Territory. Either the beneficiary, with his filing statement or trademark registration respectively, declaration, or the licensee, with the authorization of the stating that a portion of the goods or services included in beneficiary the original hou, they update the signal register for the paraÿ declaration or registration will be the subject of one or retreat. more departmental declarations or registrations. The 2. The owner of the trademark may exercise the rights products or services of the division statement may not granted by the trademark against the licensee who violates overlap with those of the provisions of the contract for the violation remain in the original or divisional filing statement or entry. assignment of license regarding: a) the duration of the leave, 2. The temporal priority of each departmental declaration b) the form in which, according to the registration, the of filing or registration refers back to the time of filing of themark may be used, original declaration. c) the type of products or services, for 3. If an objection has been filed against the declaration and which the license has been granted, registration or request for deduction or invalidity against d) the area in which the use of the mark is permitted, the registration and the relevant decision has not become final or the procedure has not been terminated in any other way e) the quality of the products manufactured or the services otherwise, it is inadmissible to declare a division that results provided by the licensee. in the division of the products or services that are the object 3. The parties may agree that the trademark licensee is of the opposition or the request for deduction or invalidity entitled to grant further licenses for its use with the of the possession procedure and conditions of paragraph 1. of throwing. CHAPTER III 4. Trademark infringement claims are also brought THE TRADEMARK AS PROPERTY independently by the trademark licensee, if the beneficiary consents. Unless otherwise agreed , the exclusive licensee Article 131 may, and without the consent of the beneficiary, exercise Transfer this 1. The right to the mark or to the filing application (de- completely the claims on trademark infringement when the claim) may be transferred, during life or death, for all or latter, although notified of the trademark infringement, does part of the products or services for which it has been filed not exercise its claims within a reasonable period of time. or registered, regardless of the transfer of the business. 5. When the beneficiary brings a lawsuit, the licensee can 2. The transfer of the business as a whole intervene and request compensation for the damage he also implies the transfer of the trademark unless there is suffered. an agreement to the contrary or this clearly results from the 6. When the supply agreement is terminated or modified circumstances. license, the trade mark book is updated accordingly. 3. The transfer agreement is in writing. It is valid against third parties only after its registration in the trade mark 7. Declaration of the signatory regarding the expiration of the provision register. of use automatically results in the deletion of the license 4. When a trademark is transferred during the period of entered in the register. time when the case is pending before the Trademarks Service or the Administrative Committee for Trademarks or Article 133 the competent Administrative Courts or the Council of Rights in rem – Enforcement State, the transferor is entitled to exercise additional Bankruptcy process intervention. 5. Until and before the administrative appeals court 1. A pledge or other real right may be established on the demand the depositor can acquire by transfer trademark. of an earlier trade mark that obstructs the registration of his 2. The mark may be the subject of re- declaration in question, in which case the registration of the gastic execution. transfer in the register of trade marks automatically removes 3. The mark belongs to the bankruptcy estate. the reason that obstructed the registration. The administrative judge4. The acts of the previous paragraph on the trademark rio undertakes to take into account the aforementioned are registered in the trademark register, and in case of transfer by presenting only a copy of the portion of the bankruptcy, and upon request of the syndic. trademark where the transfer is noted. Machine Translated by Google 2354 GOVERNMENT GAZETTE (ISSUE ONE) CHAPTER IV 3. The deposit statement accompanied by the REGISTRATION PROCEDURE printing of the mark can also be submitted remotely by electronic means, as long as it is dated Article 134 date and signature within the meaning of article 3 par. 1 Declaration of trademark filing of the p.d. 150/2001 (Aÿ125). The declaration of deposit For the registration of a national trademark, a declaration and the impression of the mark that have been filed (APPENDIX V) is submitted to the Directorate of electronically are deemed to have been filed, if applicable Commercial and Industrial Property (Trademarks Service) is addressed to the sender by the Service of the arÿ of the Ministry of Development, Competitiveness and Shipping throu 134, electronic receipt that bears an advanced tilias. electronic signature in the above sense and contains the information defined in paragraph 2 of article 135. Article 135 Conditions for granting a date 4. By joint decision of the Ministers of Administrative Affairs deposit of Reform and Electronic Government, Econoÿ 1. The trademark filing statement is accompanied by a and Development, Competitiveness and Shipping document proving the payment of the filing fee and must let, the terms, the conditions, the procedure, as well as contain: the technical specifications, the technical diaÿ are determined a. request for trademark registration, management and any issue related to the implementation b. branding, of paragraph 3. c. name, residence, contact phone number and e-mail address of the depositor Article 137 Examination of the statement the. On legal entities, instead of the name and residence, their name and headquarters are written. A common 1. The statement receives a number, date and time representative is appointed for several depositors, of filing. It is registered in the trademark register and posted on the website of the General Register d. list of products or services that the mark is intended of Trade. to distinguish, classified by class with an indication of the 2. An email is created for each deposit statement relevant class by product group electronic tab, the content of which determines or services. lives by decision of the Minister of Development, Antigoÿ 2. The filing date of the declaration is the date and Shipping and which contains at least the following month of submission of the documents of paragraph 1. information: declaration number, date and time of filing the declaration, imprint of the Article 136 name, first and last name of the depositor and for legal Other formal conditions of the declaration entities their name, as well as a reference, in chronological deposit order, to the decisions issued on the declaration of 1. In addition to the elements of paragraph 1 of art deposit, the objections, appeals, applications for 135, the trademark filing statement must be disqualification and invalidity filed and the decisions issued smells like: on them, as well as a reference to the acts registered on a) the signature of the depositor or, as the case may be, the mark, the posting of which on the website of the of the lawyer's attorney, General Secretariat of Commerce is provided for by the b) if priority is claimed, the date of the earlier filing, as individual provisions. well as the country where it is valid, c) if the depositor is represented by an attorney, the Article 138 name, address and telephone number Examining the standard conditions as well as his email address, 1. The Signals Service examines: d) if the deposition is made by a lawyer, a written a) if the filing statement meets the conditions for granting authorization. The depositor's mere signature on said a filing date in accordance with article 135, authorization is sufficient, e) appointment of counter-appellant, address, home telephone number b) if the deposit statement meets the conditions of article name and e-mail address thereof, 136. f) if the signal is audible, colored, three-dimensional 2. If the declaration does not meet the requirements of or collective, the mention of these characteristics, articles 135 and 136, the Trademark Office calls Mr. g) if the mark is written in characters other than those of testator to correct or complete the identified irregularities the Greek and Latin alphabet, the rendering, in an or deficiencies within a period of one month from the appendix, of these characters in the Greek or Latin summons. alphabet. 3. Regarding the irregularities or deficiencies 2. The declaration, as well as the impression of the concerning elements of article 135, if the depositor mark, must also be filed in electronic form by presenting complies with the invitation of the Service, within the a digital disk or other suitable electronic storage to the as a deadline, it assigns as the date of filing the declaration competent Service the date on which it is corrected media. all the established parameters have been or completed Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2355 patterns or deficiencies. Otherwise, the statement is not by the beneficiaries of the earlier trademarks or rights, as considered as an application for trademark registration. well as by the authorized holders of licenses for the use of 4. If the irregularities or deficiencies concerning elements these trademarks of article 136 are not corrected or completed within the set of, in accordance with the terms and conditions of article 132. deadline, the Service rejects the declaration of trademark filing and notifies the applicant of the relevant decision. 4. The opposition is filed with a document filed before the Trademark Office and heard by the Trademark Administrative Committee. It is considered exercised only after the payment Article 139 of the opposition fee. Examination of the grounds of inadmissibility Article 141 1. If there is no reason for inadmissibility according to Details of the opposition article 123 or paragraphs 1 and 3 of article 124, the declaration is accepted and the relevant decision is published The objection is accompanied by a document certifying on the website of the General Secretariat of Trade (GSE) upon payment of the opposition fee and must contain: within a period of one month from receiving the date deposit. a) the number of the statement against which it refers 2. If from the investigation carried out by the Service and the details of its beneficiary, sia of Trademarks, it follows that the registration of the markÿ b) the grounds on which it is based with specific reference is unacceptable according to article 123 or paragraphs 1 and to the earlier mark or right as well as the products and 3 of article 124, for all or part of the products or services of services on which the objection is based, the declaration and statement, the depositor is invited within one month of the c) clear identification of the products or services of the summons, either to withdraw the statement or to declaration against which the opposition is directed. define the extent of protection of the trademark to the extent Article 142 that it becomes admissible or submit its observations. Examination of the objection 3. If the depositor limits the area of protection 1. The Signals Service immediately informs the reviewer of the trademark to the extent that it becomes admissible or deadline for receiving the opposition in time, the protocol if his observations are considered well-founded, the statement number given to it and the date of the meeting of the is accepted by a decision published on the GGE website Trademarks Administrative Committee that will consider it. within one month of the submission of the limitation or the observations of the applicant. 2. Additional reasons for the objection may be submitted fifteen days before the meeting of the Trademarks 4. If the applicant does not respond within the set deadline Administrative Committee that will consider it. or if he does not withdraw his statement or if he does not limit 3. For the examination of the objection, the procedure is applied the scope of protection of his trademark to an extent that Article 145 proceedings. makes it admissible or, finally, if his observations are not 4. The Trademarks Administrative Committee decides on considered admissible and well-founded, the Signals Service the objection based on the evidence available to it. rejects the statement. The rejection decision is notified to the applicant by the Trademark Office and published on the GGE 5. If, from the examination of the opposition, it appears that website. the registration of the mark cannot be accepted for all or part of the goods or services it distinguishes, the declaration is 5. Competent for the procedure of examining the laws rejected either in whole or in part for specific goods or inadmissible and making a decision regarding the admission services. Otherwise, the opposition is rejected and the or rejection of the statement is the examiner deposition statement is accepted. in, an employee of the Signals Service. Article 140 Article 143 Failure Proof of use 1. An appeal may be lodged against the decision of the 1. At the request of the depositor, the objector, diÿ examiner who accepted the deposit statement within a period and the owner of an earlier trademark within the meaning of of three months from its publication on the GGE website in paragraph 2 of article 124, must prove either that during the accordance with paragraphs 1 and 3 of article 139, on the five years preceding the publication of the trademark grounds that the registration conflicts with one or more declaration there had been substantial use of the earlier reasons of the arÿ trademark for the products or services for which it was throu 123 and paragraphs 1 and 3 of article 124 of this law. registered and in on which the objection is based or that there is a reasonable reason for the non-use, if, on the date 2. If the reasons for inadmissibility of article 123 apply, the objection is brought by anyone with a legal interest. Both the this month, the earlier mark had been registered for at least chambers and the consumer associations of Law 2251/1994 five years. have a legitimate interest. 2. The application for proof of actual use shall be submitted 3. If the reasons for non-acceptance of the para- said, under penalty of inadmissibility, during the examination paragraphs 1 and 3 of article 124, the objection is filed of the objection before the D.E.S. In this case, the Machine Translated by Google 2356 GOVERNMENT GAZETTE (ISSUE ONE) The President of the Commission grants a deadline of at least are introduced for examination at the D.E.S. The allocation of in twenty days from the day of discussion in the re- cases to the Commission's departments is determined by the cutter in order for him to provide evidence of the most senior chairman. requested use. After the expiry of this deadline, the 3. Committee meetings are public and minutes are kept. applicant of the trade mark informs The Committee meets on for the evidentiary material in order to submit its observations, dates and times which are set by the most senior president at within a period of fifteen days. The Commission examines the the beginning of each year and are posted on the wall in the case based on the evidence presented and the allegations office of the competent Service made by the parties. as well as by posting on the website of the General Secretariat of Trade. The discussion takes place on the basis of the 3. If the earlier mark was used for only part of the goods or exhibit drawn up by the head of the Service. The exhibit is services for which it was registered, then, for the purposes of posted on the wall eight days before the day of the meeting in examining the opposition, it is considered registered only for the office of no that part of the goods or services. fashion service. 4. The term of office of the members of the Board of Directors he is three years old and counting 4. If the objector does not prove the actual use of his mark renewed once. The chairman and the members of the or that there is a reasonable reason for not using it, the Trademarks Administrative Committee are independent opposition is rejected without examining the merits of the case. in the performance of their duties and may be terminated by phase of the Minister of Development, Competitiveness and Shipping for serious reasons related to the performance of Article 144 their duties and in particular for violations Appeal before the Administration violation of the principle of impartiality, unjustified abstention Signals Commission from the performance of their duties and refusal or omission 1. The decisions of the Signals Service that fall to perform service. The members of the Board of Directors reject the deposit statement in whole or in part, they are of the Trade Marks Committee, except for the President, is subject to an appeal within a period of sixty days from the day full-time. of notification of the contested decision 5. The members of the Board of Directors they are not allowed to participate sis. participates in the decision-making of the Signal Service 2. The appeal is filed before the Administrative Commission of regarding the acceptance or rejection of a trade mark signal turn. It is considered exercised only after the payment declaration. of the appeal fee. 6. The parties are represented by a lawyer, and may 3. For the exercise of the appeal, a special entry is made in develop their claims in writing while- the electronic record of the trade mark maintained on the more of the Commission and submit any useful website of the General Registry element or document to support their case . He did of Commerce. not presume from the absence of the parties 4. Anyone with a legal interest may additionally intervene confession. The Commission judges as if the parties were before the Administrative Committee present. Before the Commission, the evidence provided by of within sixty (60) days from the registration of the appeal the provisions of the Code of Administrative Procedure (law according to paragraph 3. 2717/1999, Aÿ 97) is accepted. Affidavits are accepted before a justice of the peace or a notary public or a consul with a Article 145 summons from the counter- Administrative Board of Signals trial forty-eight hours ago. The Commission may allow the 1. The Trademarks Administrative Committee is based in examination of witnesses before it. Athens, meets at the Ministry of Development, Antagonisti- 7. The Commission's decisions are taken by majority vote and Shipping and in an office designated by an act of the and must be specifically reasoned. competent head of the Commercial and Industrial Property 8. Summaries of the decisions that receive the mark are Directorate. published on the website of the General Secretariat 2. Three members participate in its composition, two of ÿ of Commerce. The negative decisions are notified at least of which they must have a legal qualification are delivered by the Service to the parties or their s. It is made up of departments, which are composed of a representatives. member of the Legal Council of the State, as chairman, an employee of the General Secretariat of Commerce, category Article 146 Appeal before the administrative courts PE, preferably a graduate in law, with previous employment in the trademark industry, as well as a third member, preceded 1. The decisions of the Trademarks Administrative by ÿ Committee that have ruled on objections, as well as on at least three years of employment in the field of trademark appeals, in accordance with article 144, are subject to appeal law, which can be either a lawyer for whom the provision on before the administrative courts within incompatibility applies within sixty days of notification of said decisions. pursuant to Article 62 of the Code of Lawyers (n.d. 3026/1954, A' 235), or a public sector employee within the meaning of 2. The appeal has a suspensory effect. Article 14 of Law 2190/1994 (A' 28) category PE graduate in 3. During the discussion before the administrative courts law. The members, except for the President, act as rapporteurs witnesses are invited by the appellant, under penalty of in the cases that inadmissibility of the debate, to exercise intervention Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2357 those who have become parties before the Court Article 149 of the Crete Trade Marks Committee Those legally Bringing things back to life summoned as per the above for intervention are deprived condition of the right to object unless there are reasons of force 1. The depositor or the trademark holder or whoever majeure. once a party to proceedings before the Trade Marks Article 147 Service or the Trade Marks Administrative Committee, who Registration – Trademark Registry who, although he exercised all the diligence required by the circumstances, was unable to meet a deadline 1. The decisions of the examiner, the administrative office against the Trademarks Service or the Trademarks traffic signals and regular administrative rights Administrative Committee due to force majeure, fortuitous grounds, as well as the details of the applications before or other important reason beyond his responsibility, may the examiner, the trademark administrative committee request the restoration of things to the previous state and and the details of the remedies are noted in the trademark the restoration of rights register and all the above decisions his shoulders, if the hindrance had as a direct are posted on the website of the General Secretariat of consequence the loss of a right or remedy. Commerce. When the mark is accepted by an unassailable 2. Paragraph 1 does not apply to deadlines decision of the examiner and the Administration of exercising opposition, as well as the deadline for of the Trade Marks Committee or by final decision of the of priority revenge according to article 177 paragraph 2. regular courts, the word "registered" is noted in the trade mark register with any modifications 3. The request to restore things to the preÿ shots as to the goods or services to which the mark refers. This situation is submitted on a case-by-case basis to the Trademarks Service or the Trademarks Administrative 2. The accepted mark is deemed to be registered Committee within a period of two months from the established from the day of submission of the declaration. In nonÿ cessation of the obstacle and in any case no later than All legal changes to the trademark and the right to the one year from the expiry of the deadline that was not met. trademark are noted here. 3. The trademark registry is public. Copies or excerpts 4. The application is subject to the payment of a fee. of the records are provided to each aiÿ 5. The applicant who achieved the restoration of rights tunda. of his body, after a request to reinstate the proceedings 4. The trademark register may be in electronic form but in the foregoing situation, they cannot be invoked (Electronic Trademark Register). By decision of the against third parties who may have acquired a goodÿ Minister of Development, Competitiveness and Navy faithful right during the period between the expiration of the terms, the conditions, the procedure are determined the deadline that was not met and the issuance of a registration, technical specifications, technical decision of the Trademarks Administrative Committee on management and any matter related to the creation and reinstatement. maintenance of the Electronic Register of Trademarks. 6. In case of missing the trademark renewal deadline, With the same decision, the start of operation of the the six-month grace period, during the Electronic Trade Mark Registry is established and the of Article 148 paragraph 3, is not counted towards the trade mark register is abolished. deadline of the year according to paragraph 3. Article 148 CHAPTER V Duration of Protection – Renewal SIGNAL OFFENSE 1. Trademark protection lasts for ten years Article 150 years starting from the day after the filing date. Claims of Infringement 1. Whoever, in violation of article 125, uses 2. Trademark protection may be extended he or in any other way infringes on a mark belonging to every ten years at the beneficiary's request and upon another, he may be sued for the removal of the timely payment of the renewal fee. infringement and its omission in the future, as well as 3. Payment of the renewal fee is made within the last being obliged to pay compensation. year of protection. It can be done within an additional 2. With the claim for the removal of the infringement, period of six months after the end of the decade, subject the beneficiary may request, among other things: a) the to payment of the renewal fee increased by half. withdrawal from trade of the goods deemed to infringe a trademark right and, if required, the materials that were 4. Without prejudice to paragraphs 3 and 2 of articles mainly used in the infringement, b) the removal of the 171 and 175 respectively, the mark shall be deleted offending mark or distinguishing feature or, if if within the deadline defined in the previous paragraph 3 the statutory renewal fee is not paid. if this is not possible, the definitive removal of the goods bearing the offending mark from trade and c) their 5. Any dispute regarding the extension of protection as destruction. The court orders the execution of these well as any objection to the deletion in accordance with measures at the expense of the person infringing the paragraph 4 shall be resolved by the Trademark trademark, unless there are special reasons to the Administrative Committee at the request of the interested party. contrary. Machine Translated by Google 2358 GOVERNMENT GAZETTE (ISSUE ONE) 3. If the court condemns an act of omission , it threatens 3. The court, in any case at the request of the obligee to for each violation a fine of 3,000 to 10,000 euros in favor of provide information, receives the the beneficiary, as well as personal detention of up to one appropriate measures to ensure the protection of confidential year. The same applies when the conviction is made during information. the interim measures procedure. For the rest, article 947 of 4. On trademark infringement, the Court, following a the Code of Civil Procedure applies. reasoned request from the party who submits referred to in the action or independently in the context of 4. The rights of the first paragraph of paragraph a trial for injunctive measures, may, even before the set floor 2 is owned by the beneficiary and, in the meantime, the subs trial, order the provision by the opposing party of information whose contents are used by a third party to infringe rights. on the origin and distribution networks of the goods or the provision of services that infringe the mark. The same may 5. Anyone who culpably offends a foreign trademark shall be ordered against any other person, who: a) is found to is entitled to compensation and satisfaction of moral be in illegal possession of the goods on a commercial damage. scale, b) is found to be using the para- 6. The compensation can also be calculated based on the amount that the offending party would have paid for legal services on a commercial scale, c) it was established royalties or other fees, if they had requested the license that he provided, on a commercial scale, utility services from the beneficiary. for trademark infringement or d) was reasonably indicated 7. The court when determining the compensation by a person in the three previous cases as being actively the decision takes into account, among other things, the involved in the production, manufacture or distribution of negative economic effects, as well as the loss of profits the goods or in the provision of the services produced or suffered by the beneficiary and any benefits obtained by offered on a commercial scale. the infringer of the mark. 8. If there is no fault of the obligor, the beneficiary 5. The information in paragraph 4 includes, if party can claim either the amount in which the debtor appropriate: a) the full name and address benefited from the exploitation of the mark without his complaints of the producers, manufacturers, distributors, consent, or the performance suppliers and other previous owners of the product or value of the profit that the debtor made from this exploitation. service, as well as the recipient wholesalers and retailers, b) information 9. The action is brought before the competent court ries for the quantities produced, manufacturing court of first instance, regardless of the amount and is tried erected, delivered, received or ordered in the regular procedure. The claim for compensation is as well as for the price related to said goods or services. time-barred after five years from the end of the year in which the offense first occurred. 6. The persons referred to in articles 401 and 402 of the On interruption of the statute of limitations, new statute of limitations no Code of Civil Procedure, are entitled to refuse to provide starts from the end of the year in which the end of the the above requested information interruption coincided . transports. 10. The claims of paragraph 1 may be 7. Paragraphs 3 and 4 apply mutatis mutandis be brought to the competent multi-member court of first instance, as preservation of other provisions, which: a) provide the long as other claims are also brought. beneficiary with rights to more complete information, b) dÿ 11. In the case of an identical mark for identical products they mean the use, in the context of civil or criminal proceedings or services, as well as for a mark that differs in terms of casia, of the information disclosed under paragraphs 3 and elements that do not change its distinctive character, for 4, c) govern liability for abusive exercise of the right to complete proof of infringement it is sufficient to present the information or d) govern the protection of the confidentiality registration certificate of the contested mark. of information sources or the processing of personal data. Article 151 8. If the party is summoned and unreasonably does not attend Evidence once the evidence has been provided in accordance with 1. When a party has provided evidence reasonably available paragraphs 1 and 2, the corresponding claims to be proved and sufficient to support its allegations of trademark infringement, by the party who requested the presentation or in addition communication of the evidence are considered admitted. if he does not invoke evidence that is under the control of Anyone who unreasonably violates a court order the opposing party, the judge, at the request of the party, th according to paragraphs 1 to 3, is sentenced, in addition may order the presentation of such evidence by the to court costs, to a fine of fifty thousand to one hundred opposing party. The existence of a sufficient quantity of thousand euros. products with the offending mark is considered to be 9. If the person obliged to provide information provides sufficient evidence. inaccurate information by fraud or by serious fraud 2. If there is an infringement of the trade mark leas, is responsible for the damage caused as a result. scale, the court may also, upon application by a party, order bank notification 10. The information obtained in accordance with this financial or commercial documents under the control of the article may not be used for the criminal prosecution of the other party. person obliged to provide information. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2359 Article 152 whose services are used by a third party to infringe on Court fees his trademark. In the cases of this law, in general, Article 154 civil costs and fees must also include any other related Evidence protection measures costs, such as the costs of witnesses, the fees of 1. As long as it is sufficiently probable with reasonable diÿ attorneys, the fees of experts and technical consultants irrefutable evidence infringement or imminent infringement of the trademark and any delay may cause of all parties and the aggrieved party's discovery costs irreparable damage to the owner of the trademark or reasonably incurred by the prevailing party. For the rest, there is a proven risk of damage the following applies of the evidence, the single-member trial classes of articles 173 to 193 of the Code of Civil the court may order as a precautionary measure the Procedure. preventive confiscation of the illegal products possessed Article 153 by the defendant and, if appropriate, the materials and Insurance measures tools that are a means of execution or a product or evidence of the offense. Instead of maintenance 1. Anyone who has a claim for removal and omission confiscation, the court may order the detailed inventory due to trademark infringement may also request of these objects, as well as their photography, the taking injunctive measures. of samples of the above- 2. The owner of the trademark may request the other products, as well as related documents. In the preventive seizure or the temporary return of the goods above cases the court can discuss with the offending distinguishing feature in order to file the application without summoning the person prevent their entry or circulation in the commercial against whom a temporary injunction is directed under distribution network. article 691 paragraph 2 of the Code of Civil Procedure. 3. In the case of infringements committed on a 2. Since these measures are suitable to commercial scale and as long as the owner of the if the applicant mitigates the claims, due to trademark trademark proves the existence of circumstances that infringement, the court orders the above measures may jeopardize the payment of the compensation he ensuring the protection of confidential information. has requested in a regular action and provides reasonably available evidence, that his trademark is 3. The trademark owner's application does not require infringed or impending offense, the no a detailed identification of the evidence, but it is sufficient only a court can order the conservative seizure of the to identify it by category. defendant's assets, as well as the freezing of his bank 4. In the event that the above measures are taken accounts. For this purpose, he asks the attacker for the without the defendant being heard, he shall be informed communication by notification no later than the first working day after bank, financial or commercial documents or the the execution of the temporary order, otherwise the appropriate access to the relevant information provided procedural acts that constitute it shall become invalid. that the protection of confidential information is ensured. 5. The court may order the above measures on the 4. The security measures of the previous paragraphs condition that a guarantee is provided by the applicant letters may also be ordered without prior hearing of the da determined by his decision or by the temporary order, defendant, especially when any delay would cause in order to ensure the restoration of the damage that the irreparable damage to the owner of the trademark. defendant may suffer from these measures. 5. In order for the competent court to take the above 6. In the cases of paragraph 1, the court obligatorily measures, it may ask the applicant to provide any sets a deadline for bringing the action for the main case, reasonably available evidence to form the belief that the which cannot exceed thirty days. If the deadline is missed, the insurance policy is automatically cancelled he is grossly insulted or that he is about to be insulted. In any case, paragraphs 4 to 7 of article 154 shall apply tro. in this case. 7. If the above security measures are revoked or 6. The declaration of the filing of a trademark by the person, cease to be valid due to any act or omission of the against whom the application for injunctive measures is applicant or if it is established after the fact that there directed, does not prevent the taking of injunctive measures was no offense or threat of offense against him. the rights of the owner of the trademark, the court may 7. Competent for the adoption of interim measures is order the applicant, upon application by the defendant, the single-member court of first instance both in its region to pay him full compensation for any damage. in which the products are located or the services are provided, as well as the region where the company is based, whose products or services bear the contested Article 155 mark. Proportionality 8. The owner of the mark may request the taking of The arrangements, sanctions and measures of articles 150 injunctive measures against the intermediaries, the to 154 are subject to the principle of proportionality. Machine Translated by Google 2360 GOVERNMENT GAZETTE (ISSUE ONE) Article 156 CHAPTER VI Penal provisions WAIVER, WAIVER, NULLITY 1. He is prosecuted by summons and punished by imprisonment of at least six months and a fine of at least Article 159 to six thousand euros: a) whoever knowingly uses Discount from the right e trademark in violation of article 125 paragraph 3 letter a 1. The right to the trademark is extinguished by a or b) b) whoever uses a reputation mark, in violation of declaration of resignation by the beneficiary for all or article 125 paragraph 3 regarding part of the products or services for which he has registered point c) with the intention of exploiting or damaging his separated. reputation, c) whoever knowingly puts into circulation, 2. The renunciation is declared in writing to the Trademark owns, imports or exports products bearing another brand Service by the owner of the trademark. It produces fromÿ or offers services with another brand and d) whoever results only after its registration in the relevant books. knowingly performs one of the acts of article 125 paragraph 4 cases a, b and c. 3. If licenses have been granted, the submission of a 2. If the benefit sought or the damage suffered waiver is accepted only if the licensee received from the operations of paragraph 1 is special of the mark proves that the licensee has been informed of greater and there is exploitation on a commercial scale or his intention to relinquish his rights in the mark. the debtor performs these acts professionally, imprisonment of at least two years and a fine of 6,000 to 30,000 euros is imposed. This provision applies only to copyright infringement Article 160 Reasons for discount with the same distinguishing feature and identity or similarity 1. The beneficiary is deprived of his right in whole or in of products. part: 3. Whoever uses the symbols and signs referred to in a. if, within a period of five years from the registration of case a' of paragraph 3 of article 123 shall be prosecuted the trademark, the beneficiary does not make substantial ex officio and punished with a fine of up to 2,000 euros. use of it for the products or services for which it has been registered or if it ceases to use the 4. The attempt to perform the above-mentioned acts is honorable mark for five consecutive years, shall be reduced to the penalty of the above paragraphs b. if, as a result of the conduct or inaction of the owner, voice the mark has become common or common the trade name of the product or service for which it is Article 157 registered, Publication of decisions c. if, due to the use of the trademark by the licensee 1. Judgments of civil courts or final judgments voice or with his consent for the products or services for phases of criminal courts involving rights which it is registered, may mislead the public, in particular as to the nature, quality or geographical origin of the provided for in Part Three of this law may, at the request of products or services. the plaintiff and at the expense of the person offending the mark, order the appropriate measures for the dissemination 2. If the reason for discount concerns only part of the pre- of the information ions or services for which he has been registered, the of the decision, as well as the posting of the decision, beneficiary is declared exempt from his rights only for the its full or partial publication in the mass media or on specific products or services. the internet. The judge 3. The right is not waived: rio decides the appropriate way of information, respecting a. if the owner of the mark proves that the non-use thereof the principle of proportionality. is due to a reasonable cause, 2. This claim is extinguished if the measures are published b. if the owner of the trademark, in the period between implementation of the decision are not executed within six the end of the five-year period of non-use and the months from the publication of the decision. submission of the discount application, started or repeated Article 158 its actual use. However, the initiation or resumption of use Jurisdiction of civil courts within a period of three months prior to the submission of the application 1. The civil courts have no jurisdiction, where the discount, which does not start running early Trademark Service, the Trademark Administrative from the completion of the continuous five years of non- Committee and the Administrative Courts are made use, is not taken into account, if the preparations competent according to this law . stical actions for the initiation or resumption of use took 2. The decisions of the Signals Service and the Diÿ place, after the beneficiary became aware of the fact that it of the Residential Trade Marks Committee, against which is possible to submit an application ex- no appeal can be made and the final decisions of the directors fall. civil courts, issued under this law, are binding on civil courts 4. The effects of the decision to delete the mark due to and any other authority. discount start from the date until the decision became final. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2361 5. The final decision on the deletion of the mark due according to the law that governs them, they have legal to discount shall be entered in the register of marks and capacity, as well as legal entities governed by Ms the mark shall be deleted from it. laws of public law, they can file a sign to distinguish the origin of the products or services of their Article 161 members or their geographical origin or their type or quality Grounds for invalidity or their properties. 1. The trademark is declared invalid and deleted if it was registered in violation of the provisions of articles 123 and 124. 2. Since the collective mark consists of geÿ notation, must be provided in the register 2. If the reason for invalidity concerns only part of the status of the legal entity that any person, whose products or products or services for which it has been registered, the mark services come from the same geographical area and meets is declared invalid only for the specific products or services. the conditions conditions of use of the collective mark, may become a 3. The mark is not declared invalid if the reason is absent member of the legal entity and make use of the collective receiver provided for in article 123 paragraph 1 cases b, c mark. and d does not exist at the time of submission of the request 3. Collective mark consisting of geographies for deletion due to the fact that the mark acquired a distinctive indications, does not give the right holder the right to prohibit character due to its use. third parties from using such signs or indications, especially 4. A national mark for which an application for seniority has to third parties who are allowed to use a geographical name, been accepted by the Office for Harmonization in the Internal on the condition Market in accordance with articles 34 and 35 of Council condition that these third parties use them in accordance with Regulation 207/2009/EC (L 78) is also subject to invalidity, good business ethics. even if there has been a prior waiver from this earlier national 4. The declaration of filing a collective mark must be mark or non-renewal of its protection. accompanied by a regulation of use, which includes has the title, headquarters, purpose, full name of the legal 5. The effects of the decision to delete the mark due to the representatives, name list of the members entitled to use, as invalidity of the decision begin from the date it became final. well as the terms and regulations concerning the rights and sub- 6. The final decision on the deletion of the trademark due to members' fees for their use of the mark . A regulation of use invalidity is entered in the trademark register and the trademark is also required for any change of these details. is deleted from it. 5. The exercise of the claims arising from the registration of Article 162 the collective mark belongs, unless otherwise specified in the Deletion process due to discount statute or the regulation or invalidity usage, to the beneficiary legal entity. 1. The application for deletion due to discount or 6. A special register of trademarks is maintained for invalidity is submitted by anyone who has an collective trademarks, and the rights to file and extend their legal interest before the Trademarks Administrative Committee . duration are defined at five times the rights that apply each time to the other trademarks. 2. Chambers and consumer associations or their members may submit a request for discount or invalidity only in the 7. The use of the collective mark becomes necessary cases of articles 123 and 160 paragraph 1 subsection c. with the indication "collective mark". 8. All provisions herein shall apply to collective marks, as 3. He is not entitled to request deletion due to acÿ long as they do not conflict with the provisions of this article. for the reasons of article 124, the one who had presented them during the criminal procedure CHAPTER VIII of separation, as long as they were decided in dispute with INTERNATIONAL SIGNALS the trademark owner by the Trademarks Administrative Committee or the administrative courts. Article 164 4. The application for deletion for reasons of invalidity of Ratification of the Madrid Protocol Article 161 shall be made within a period of five years from 1. International trademarks filed in accordance with the the registration of the trademark. Deletion request eneÿ Protocol on the Madrid Agreement concerning the International Ms. of a deposit made contrary to good faith or a deposit Registration of Trademarks made in bad faith, is exercised throughout the protection of according to the provisions of Law 2783/2000 (Aÿ 1). the mark. 2. The provisions of this law on national trademarks also CHAPTER VII apply to international trademarks unless otherwise specified COLLECTIVE MARKS in this chapter. Article 163 Article 165 Conditions of protection Definitions 1. Cooperatives, associations of manufacturers, paraÿ For the application of this law on international providers, service providers or traders, which signals are understood as: Machine Translated by Google 2362 GOVERNMENT GAZETTE (ISSUE ONE) a. "Conversion Application", the application of article protocol and indicates on it the date of receipt, as well as the 173 hereof. number of accompanying documents. b. "Basic Registration" and "Basic Application", Ms registration and the application as referred to in article 166 2. The application for international registration with the par. 1 item b of this law. documents attached to it shall be forwarded to the International c. "Office of Origin", the Office of a Contract Bureau within two months of receipt. referred to in the Madrid Protocol of the Party responsible for Article 169 registering marks on its behalf. Date of international registration d. "International Application", the application to the International Bureau The registration of the international application carries outÿ for registration of a mark in the International Register. from the International Bureau. The date of international e. "International Bureau", the International Bureau of the World Bank registration is considered to be the date on which the of the Intellectual Property Organization. international application was received by the Flag Service f. "International Register", the Register of marks maintained of, provided that within a period of two (2) months from the by the International Bureau for the purposes of the Madrid date of receipt the International Bureau received it in a normal Protocol. and complete form. If the application for international g. "International Registration", the registration of a mark in registration is not received within this period, the international the International Register. registration will bear as the date of registration the date on h. "International Registration requesting the pre- which the application was received by the International Bureau. mark station in the Greek Territory", the international registration with which the extension of the pre- is requested Article 170 stay in the Greek Territory based on article 3 tris (1) or (2) of Payment of fees the Madrid Protocol. i. "Executive Regulation", the Common Regulation adopted The fees due for the international registration or its renewal, pursuant to Article 10 of the Proto- as well as for any change thereto, are paid directly to the of Madrid, as sanctioned by Law 2783/2000 (Aÿ1). International Bureau Article 171 j. "Book of International Marks", the book referred to International registration protection procedure in article 171 par. 2 of this law. in the Greek Territory Article 166 1. For the provision of international registration protection in Application submission the Greek Territory, the Trademark Service is competent to 1. On the international registration of Greek trademarks, decide . Greece is considered as the country of origin of the 2. The international registration as well as the extension statement international registration, when the following conditions are met: of international registration in the Greek Territory are registered a. the depositor has a real and permanent industry on a special form and posted on the website business or commercial establishment or residence in Greece GGE website. or is a Greek national. 3. In case of replacement of a national trademark by an b. It has a filed or registered trademark in Greece. international registration valid in Greece, the substantive rights arising from the international mark date 2. The application for international registration shall be filed back to the time of registration of the national mark. in French or English. Article 167 Article 172 Application documents Remedies The application for international registration is submitted in 1. In the appeal procedures before the ICE, comp two copies (APPENDIX VI) and must present in accordance with article 144, opposition, in accordance with on the form provided by the Executive article 140, and revocation or invalidity, in accordance with statutory Regulation. It is signed by the depositor or his article 162, the beneficiary of international registration, as the attorney in accordance with the accompanying written applicant or as the applicant of the above-mentioned remedies, instructions and contains the necessary information referred must appoint a representative and counterclaim lawyer to in Article 9 of the Executive established in Greek Territory, to which all notifications are of the Regulation. It is also required to be filed in electronic made. The same applies in the event that the examiner calls form by presenting a digital disc or other suitable electronic the witness device to the competent Service to submit his observations pursuant to paragraph 2 of article electronic storage medium. 139, notifying him of a provisional refusal, in accordance with Rule 17.1 of the Executive Regulation of the Protocol. Article 168 Regarding international trademarks, the period provided for in Examining standard conditions ÿ paragraph 2 of article 139 is set at three months. Transmission of the application 1. The application for international registration is submitted 2. If the applicant for international registration or the beneficiary dÿ to the Trademark Office, which checks whether the conditions nations of registration are not represented in the inter- of article 166 exist, gives it a number cases of paragraph 1 by an attorney-at-law, Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2363 a confession is not presumed and the TES judges as if 6. After submitting the conversion statement, the the parties were present. a mortal registration is deleted by an act of the Trademark 3. If an objection is filed against an application for an international complaint Office from the books of international trademarks. division, the Signals Service communicates details of the 7. Signal protection derived from metaÿ opposition as a provisional refusal to the International Bureau conversion of an international registration into a national trademark application in accordance with Article 5 of the Madrid Protocol lasts for a decade, starting either from the date of the and rule 17 of the Executive Regulation. international registration or, in case 4. If the application for international registration is rejected, sign of subsequent extension of an international trademark in the Trademark Office notifies the rejection decision Greece, from the date of registration in the International notification to the International Bureau in accordance with Rule Register of the extension application for the protection of the 17.1 and 17.3 of the Protocol's Executive Regulations. The international trademark in Greece. For the renewal of these notification is accompanied by a translation into English or marks, the date of submission of the application to the Marks French of the relevant provisions of the Greek law that provide Service is crucial. for the exercise of an appeal. The preÿ appeal shall be made within a period of ninety days starting Article 174 from the day following notification of the provisional refusal to International trademark cancellation procedure the International Bureau. 1. The right granted by the international registration is Article 173 extinguished by a decision of the Administrative Committee of International trademark conversion process Trademarks or the competent Administrative Courts for the in national reasons provided for in articles 160 and 161. When the decision 1. If either the basic application or the basic registration, on becomes final, the Trademark Service informs the International which an international trademark declaration with extension to Bureau with a statement, in which the name of the beneficiary, Greece is based, ceases to be valid in the country of origin the number of the international registration, the judicial authority within five years from the date of the international registration, and the procedure for the loss of the right, the finality of the the beneficiary of the international registration is entitled, within decision, its entry into force and the cover- a period of three nonÿ from the date on which its termination was entered in the other products or services under Rule 19 of the Executive trademark register of the International Bureau, to request its Regulation. conversion into a national application (APPENDIX 2. The document of the application for discount or annulment SECTION VII). of the international trademark is notified by the applicant to the 2. The provision of paragraph 1 shall also apply if the international applicant or the representative termination of validity occurs after the expiry of the above five- person, as shown in the International Register, by any year period, provided that the appropriate means, including the own aid was submitted to the country of origin within five years. fax and e-mail, thirty days before the scheduled first meeting 3. In the event of conversion of an international registration tion, translated by the Ministry of Foreign Affairs or by the into a national application, the applicant submits a requesting party into English or French . If an attorney-in-fact declaration of conversion to the Trademark Office accompaniedorby an attorney-in-fact has been appointed in Greece, the is from the supporting documents of paragraph 1 of articles notification of the 135 and 136, as well as from a certificate from the International fou is compulsorily done only in him, with a bailiff, without Bureau, from which the mark and the products or services for translation. Additional common reasons which protection of the international mark had been requested are made ten days before the appointed first discussion in the in Greece, before its deletion from the international register same way as the request for revocation or invalidity against an and the date of its deletion from the international register international trademark. The same applies to the notification of mortal registry. a summons for an affidavit before a justice of the peace or a 4. The declaration is drawn up in a special form, application notary public or a consul. living proportionally to articles 135 and 136 et seq is split into the familiar signal register. CHAPTER IX 5. The converted mark is registered without preÿ COMMUNITY MARK control, since the deadline of article 5 par. 2c of the Madrid Protocol has passed and legal aid has not been brought. If the Article 175 aforementioned deadline has not passed or if a temporary Protection rejection has already been notified, the conversion statement is examined by the Trademark Office, applying the provisions 1. The protection granted to the Community trade mark cannot be inferior to the protection granted to the national trade tables 138 and 139. If the application for initial or epigenome mark. the extension of international trademark protection in Greece 2. In case the antiquity was supported coÿ is pending before the Trademarks Service, the Trademarks trademark in a registered national trademark, the substantive Administrative Committee or the competent courts rights deriving from the registration grounds, the relevant procedure ceases or the trial is abolished split and valid Community trade mark refer to the time of after submitting the conversion request. registration of the national trade mark. Machine Translated by Google 2364 GOVERNMENT GAZETTE (ISSUE ONE) Article 176 authority having the right to translate according to law. Conversion of a Community trademark into a national one 1. In case of conversion of a Community trade mark application CHAPTER IA' or Community trade mark in a national application, the SPECIAL, TRANSITIONAL AND FINAL PROVISIONS applicant submits a declaration of conversion to the Trade Marks Service accompanied by the supporting documents of Article 178 paragraph 1 of article 135 and paragraphs 1 and 2 of article Publications 136, as well as a translation of the conversion application and The publications provided for by this law are made the attached documents into Greek language, by a person or on the website of the General Secretariat authority having the right to translate according to law. Department of Trade of the Ministry of Development, Antago- nism and Shipping. 2. The deadline for submitting the above justifications tics is two months and starts from the notification of the Article 179 applicant or the beneficiary of the Community trade mark or Fees the representative of the lawyer in Greece mentioned in the 1. The fees in favor of the State for the identification marks conversion application, by the Trademark Service with a are as follows: document on receipt. €110 a. Sign filing b. For each 3. The declaration is drawn up on a special form, the form additional class and and content of which is specified in the attachment €20 until the tenth c. APPENDIX VIII entitled DECLARATION OF CONVERSION Signal deposit from conversion OF A COMMUNITY MARK of this law. The declaration is €110 Community or international or by division registered in the relevant trade mark register, applicable d. For each additional class in accordance with articles 137, 138 and 139. and up to the tenth e. €20 4. Signal protection derived from metaÿ €90 Extension of trademark protection f. For conversion of a Community trade mark application or from the each additional class conversion of a Community trade mark into a national and up to the tenth g. €20 application refers to the filing date of the Community trade Change of name or legal form mark or the priority date of the application or the or residence or €50 northern mark and possibly in ancient times a national mark headquarters h. Limitation of products or €20 that may have been claimed. For the renewal of these signs, €90 services i. Trademark transfer j. Grant of the date is crucial license k. Registration of limitations of the right €90 month of submission of the conversion application to the Office for Harmonization in the Internal Market. according to article 129 and real rights CHAPTER I according to article 133 par. 1 €40 MARKS OF FOREIGN DEPOSITORS l. Transmission of a Community trade mark application €15 m. Control and transmission of International Application €15 Article 177 no. Replacement of national emblem Protection from €110 1. Trademark owners who have their business establishment international Filing of remedial interventions outside of Greece are protected according to the provisions and applications before the administration of this law. signal committee p. €70 2. On trademarks that are filed with a proposition claim Parable of discussion of remedies validity according to the Paris International Convention and applications, before it (n. 213/1975), the proof of registration of the trademark in the signals management committee €40 foreign state can be submitted at the latest within three months z. Restoring things from the submission of the declaration of registration of the in the previous state i. €110 trademark in the country. Issuance of a copy of the mark 2. By €1 3. For protection in Greece it is required, additionally joint decision of the Ministers of Finance and Development, being, filing in accordance with the provisions of this law. Competitiveness and Shipping , the fees in favor of the State, defined in the previous paragraph , may be adjusted from time 4. The deadline for appeal by beneficiaries abroad to time . giving signals against the decisions of the Information Service or TES is extended by thirty days. Article 180 5. For the deposit, it is sufficient the one provided for in the Classification of products and services item D of paragraph 1 of article 136 written authorization The products and services for which you testify containing a declaration of submission to the jurisdiction of trademarks are classified according to the international the courts of Athens. This statement can also be supplemented classification of products and services of the Nice Agreement, by a written statement of the applicant's attorney at the which was ratified by the first article of Law 2505/1997 (Aÿ Trademark Office. 118). The classification applicable at the entry into force of 6. The foreign language documents submitted during the this law appears in the attached APPENDIX IX "CLASSES trademark filing must also be accompanied by a Greek OF PRODUCTS AND SERVICES". translation made by a person or Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2365 Article 181 Article 183 Authorization provision Repealed provisions By decision of the Minister of Development, Antagonistiÿ From the entry into force of Chapters Dÿ, Hÿ and Iÿ and and Shipping, the following issues of the Third Part of this Articles 179 and 181, the provisions law are determined: a) the number of TES departments, b) provisions of Law 2239/1994 (A' 152), of the p.d. 353/1998 the selection criteria and qualifications of the employees of (A' 235), of article 9 of the 20/27.12.1939 (ÿÿ 553), as well the Signal Service who perform examiner duties, c) the as any other general or special provisions that conflict with appointment of the the above chapters or concern issues regulated by them. of all the departments of the Trademarks Administrative Committee, as well as its deputies, d) the conditions for The repeal of the other provisions of the above legislative keeping the electronic trademark register, which after its and regulatory texts takes place with the publication of this completion will replace the paper trademark register, e) the in the Gazette of Ky- method of depositing and checking the varnishing. tical and three-dimensional signals and f) any issue related CHAPTER XII to the implementation of this law. BRAND OF GREEK PRODUCTS AND SERVICES Article 182 Article 184 Transitional provisions Mark of Greek products and services 1. Pending, at the entry into force of this, cases before the 1. An optional distinguishing mark of origin is established Trademarks Administrative Committee and the Administrative of Greek products and services, which consists of a verbal Courts are governed by the and visual section. The mark is uniform for the categories of provisions of the existing law. products and services 2. Decisions published after the entry into force of this law and cannot refer to other marks. The more specific content and for six months are subject to appeal, intervention and and its illustration, as well as the possible competitive third-party appeals in accordance with the provisions of the procedure for the formation of such a mark, are determined previous law. by a decision of the Minister 3. Regarding the starting point of the applicable deadlines of Development, Competitiveness and Shipping. are the provisions that were in force at the time when the 2. The Mark is registered as an official mark of Elÿ event that triggered them took place. of a foreign State, by the World Organization for International Cooperation 4. The duration of the deadlines that had started before Intellectual Property (IP), according to article 6 tris of the the entry into force of this law, calculated Paris International Convention. lives in accordance with its provisions, only if the 3. The Mark is awarded upon request of the owner duration provided for by them is longer than that in particular, in accordance with the procedures, terms and that was foreseen by the previous provisions. conditions defined in articles 189 and 190 and declares that 5. Marks that have not been irrevocably accepted upon the products and services marked with it are of Greek origin. the entry into force of this law, are judged in terms of the conditions of admissibility, according to the previous law. Article 185 6. The possibility of restoring things to the previous state, Greek Brand Committee according to article 149, applies only in cases where the Structure – Composition – Operation hindrance that resulted 1. To the Directorate of Commercial and Industrial Property if the loss of the right or deadline for exercising legal aid, as of the General Secretariat of Commerce of the Ministry defined in the provision, occurred after the entry into force of Development, Competitiveness and Shipping, a of this law "Committee of the Greek Brand" (HES) is established, with my. the purpose of submitting proposals to the competent 7. The possibility of division also applies to trademarks Minister of Development, Competitiveness and Shipping that were declared or registered before the entry into force for the issuance of Regulations and the coordination of the of this law. procedures for the awarding of the Greek Products - 8. The possibility of submitting written consent whileÿ Services Mark. The EES, for its relations and transactions of the administrative courts in accordance with article 124 with foreign countries, is referred to in the English language paragraph 4 also covers disputes pending at the entry into as "NATIONAL COMMITTEE OF THE HELLENIC force of this law. TRADEMARK". 9. Trademarks that, upon the entry into force of this law, 2. The EAC is constituted as follows: have been declared or registered as a parallel filing or a) The General Secretary of Trade, as President, with the registration of another, earlier trademark, are valid and Deputy Director General of Internal Trade protected in accordance with this law of the General Secretariat of Trade. ton The validity of a parallel filing or parallel registration of a b) Three representatives of the General Directorate of Internal Affairs trademark is not affected, if the previous trademark, of which of Trade of the General Secretariat of Trade with their it is a parallel filing or parallel registration , ceases to be deputies, of which one of valid due to non-renewal a person from the Trademark Registration Department and unless the earlier mark was finally canceled for reasons of a representative from the Food and Beverage Prices Division Articles 123 and 124. of the General Secretariat of Commerce. Machine Translated by Google 2366 GOVERNMENT GAZETTE (ISSUE ONE) c) Three representatives of the Central Commission Union either at the invitation of its President or at the request of looters with their deputies. at least one third of its members. d) A representative of the National Council of Catana 8. The members of the EAC during the performance of their duties lotos with his deputy. they act collectively. The President determines the topics e) A representative of the Organization for Certification of the agenda, as well as the rapporteurs. The duties of and Supervision of Agricultural Products with the Assistant rapporteurs are performed, as the case may be, by his questioner. employees of the competent Services, indicatively of the f) A representative of the Biomi General Secretariat Ministry of Development, Competitiveness and Navy Chania with his deputy. tilias (Undersecretary of the Ministry of the Environment, Energy). g) A representative of the Greek Press Organization of Health and Climate Change (Ministry of Climate Change), of the Minister of poetry (ELOT) with his deputy. of Agricultural Development and Food (Yp.A.A.T.), the h) A representative of the State General Chemistry National Food Control Agency (EFET), the Greek with his deputy. of the Organization for Standardization (ELOT) and the i) A representative of the Ministry of Agriculture General Chemistry of the State or representatives of of folding and Food with his deputy. private entities, as well as individual scientists - experts j) A representative of the National Traffic Control Agency designated by decision of the EAC. fimon (EFET) with his deputy. 9. The EES is represented before third parties, judicially 3. The members of the EAC of cases e' to i' inclusive and extrajudicially, in Greece and abroad by the Minister participate in the Committee on a case-by-case basis, of Finance. as long as a matter of their competence is discussed, 10. The EAC may request any information or document following a written invitation by the President 10 days useful for the exercise of its powers and to call before it in advance, which also states the topics of the daily ÿ employees of the public sector services of article 14 of let layout. As long as issues concerning the functioning of Law 2190/1994 (Aÿ 28) or other persons to provide the Committee, of general or cross-sectoral interest, are to information. be discussed, all members must be invited. 11. The EAC may, by its decision, set up a committee modes and working groups or to give orders to co- 4. The President and the other members of the committee no its designated members for the examination of matters are by decision of the Minister of Development, Antago- falling within the framework of its competences. They nism and Shipping. For issuing the decision can participate in committees and working groups also have persons who are not members of it and who In addition, the public services and agencies, whose come from the private or public sector of article 14 of Law representatives participate as members in the EAC, 2190/1994 (Aÿ 28) and have previously propose their representatives in writing. Higher education relevant experience and seniority in the relevant industry, graduates with special knowledge or experience in its to which the subject to be examined pertains. The work of intended purposes are selected as members of the EAC . the committees and working groups With the same decision, the letter is defined performed by EAC members. The studies, findings, of the EAC and his deputy, who must be employees of the recommendations and opinions of the committees and Ministry of Development, Anti- working groups are submitted to the EAC. competitiveness and Shipping. The secretarial and diÿ 12. For the rest, subject to the foregoing domestic support of the EAC is provided by the General are further defined in the Regulation of Operation of the Secretariat of Trade. EAC, the Code of Administrative Procedure applies (law 5. The term of office of its members is two years and 2690/1999, Aÿ 45). may be renewed by decision of the Minister of Development, Competitiveness and Shipping. Members are strong Article 186 to be recalled during their term of office after submitting a Powers of the EAC relevant request of the body that proposed them to the 1. The EAC has the following powers: Minister of Development, a) After carrying out a public consultation, input nism and Shipping. The bodies propose to the Minister of addressed to the Minister of Development, Competitiveness Development, Competitiveness and Shipping the new and Shipping the content of the regulations regarding: members for the remaining term. 6. A member of cases a' to d' of paragraph 2 who was aa) with the products and services for which the Mark is absent without justification from three consecutive meetings awarded, of the EAC, even though he was legally called, in bb) the procedures, terms, conditions and accordance with the provisions of paragraph 3, is its award fee, terminated. For the application of this to the other members, cc) the bodies that award the Mark, check compliance it is required to have preceded legal call in accordance with the award terms and conditions with paragraph 3. For the remainder of the term of office and its maintenance and impose sanctions in cases of of the departing member, a new one is appointed, in violation thereof, accordance with paragraph 4. The Minister of Development, Competitive dd) the specifications to be observed by the agencies and Shipping may, by reasoned act , cease to be a who award the badge. member of the EAC and request the appointment of a new b) Issue its Operating Regulations. member in accordance with paragraph 4. c) Examines objections in cases of non-awarding of the 7. The EAC meets at the General Secretariat of Trade Mark, non-approval of its transfer or regularly, at least once a month and on an emergency basis penalties. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2367 d) Informs and provides information to the competent Article 188 authorities, consumers and the authorities Criteria for awarding the Mark operations. 1. For the purposes of this law, products and e) Organizes or participates in seminars, programs services are classified into three categories: a) natural meetings, conferences, lectures or public discussions, etc., products, b) processed natural products for the development and dissemination of the Mark. da and c) the other (industrial – handicraft) products f) Supervises the Electronic Registry of Greek and services. Products - Services and sets its operating specifications. 2. In order to be awarded the mark, the products and services must meet the specifications set by the g) Maintains a website, on which the Kaÿ are posted international, community and national provisions confirmations of Award of the Greek Mark, as well as regarding the characteristics, markings, safety and any other information related to the Mark. consumer protection. Also, domestic added value 2. In order to carry out its responsibilities, the EEC should result from their production or processing. may request the technical and scientific support of public sector services, ELOT, EFET, the State General 3. Especially for natural products (agricultural, livestock Chemistry, the Ministry of Rural Development and Food food products, raw materials), as a basic criterion for or the Ministry of Environment, Energy and Climate awarding the Mark, the production or breeding or Change , or private bodies and individual experts from the country or abroad. harvesting, depending on the product, in the Greek Territory is defined. 4. In processed natural products, for the deÿ Article 187 province of the brand, must percentage of the mass of the coÿ Regulations for awarding the Greek Mark of their statics or the mass of the basic raw material By decision of the Minister of Development, Antigoÿ used to come from Greece. The awarding regulation nity and Shipping and the competent Minister as the determines, for each woman case may be, following a proposal from the EAC, ecÿ product category, specifically the percentage by mass the Regulations for Awarding the Greek Label are of each individual component or basic raw material. given, per category of products and services. Products and services, for which the Mark is awarded, may carry 5. Exceptions may be introduced by regulation additional indications depending on their nature, from this criterion in the following cases: characteristics and domestically produced added value. a) for raw materials that do not exist or cannot be Before issuing the regulations, the EAC must conduct produced in the Greek Territory or are produced in a public consultation. The Regulations for the Awarding insufficient quantities, of a Greek Certificate b) for products, the Greekness of which consists but contain at least: in the traditional or special way of preparation a) The organization that awards the Mark per category and their processing, of products and services, conducts checks to ensure c) also, temporary exceptions may be introduced compliance with the terms and conditions for awarding deviations from the criterion, as long as there is a and maintaining it and imposes sanctions. shortage of a specific raw material, which is due to objects b) The criteria, the conditions for awarding the Certificate of Merit , extraordinary and exceptional events, such as and the special specifications or accompanying verbal indicative natural disasters or bad weather conditions. explanations, which may be required for each product 6. For other (industrial – craft) products and services, and service, as well as the amount of fees for awarding, the basic award criterion is defined as the percentage transferring, maintaining and renewing the Mark. of the production cost carried out by in the Greek Territory, as specified by the award c) The rights and obligations of those entitled to use regulation for each product or service. Production costs the Mark. include costs related to the research and development d) The conditions under which the use of the Mark is of the product or service, while those related to the permitted, following a request from the interested party promotion, promotion and advertising of the product to the awarding body. In case of transfer, the beneficiary are excluded. must meet the criteria and conditions for awarding the Article 189 Mark. The transfer is valid only after the registration of Obligations of the Awarding Body the approval byÿ phase of the awarding body in the Electronic Register 1. The awarding body of the mark observes specific of Trademarks of Greek Products - Services. specifications that ensure that it has the management e) The procedure for carrying out regular and technical composition and technical proficiency and technoÿ extraordinary checks by the awarding body. knowledge about awarding the Mark and conducting f) The cases where the awarding body disposes checks for the specific product or service. to the temporary or final revocation of the right 2. The Regulation issued in accordance with article of the use of the Mark. 187, when determining the awarding body, receives g) The body or bodies, which can be on the side takes into account the criteria of the same article, the sion of the written provisions, to cooperate with the certifications it has received and the protocols the EAC to carry out controls and implement the respective awarding body keeps, as well as its experience in Regulations. certifying products and services. Machine Translated by Google 2368 GOVERNMENT GAZETTE (ISSUE ONE) 3. The task of awarding and controlling the Markÿ Article 191 per category of product or service, may be assigned to a Grant of the right to use single entity in the territory or per region or county. As part of the Hellenic Sign of its powers, the awarding body may request information 1. The right to use the Greek Trademark from other auditing bodies or bodies, whenever this is is divided by the registration of the beneficiary in the deemed necessary and appropriate. Since the public Electronic Register of Greek Products - Service transport o. The right to use the trademark is granted for specific approval for the issuance of the Award Regulation, in products or services. accordance with article 187, or otherwise it becomes 2. The awarding of the Mark gives the beneficiary the known to the EAC that the work of the awarding body can possibility to: be assigned in the same geographical region to several a) affix the Mark exclusively to the products for bodies, a comparative evaluation of the bodies expressing which it has been awarded to the company interest is carried out by the EAC within a specific deadline, formulation thereof, subject b) to characterize with the Mark the services for which it until the carrier is selected. has been awarded, 4. The EAC can carry out checks on the foÿ c) to use the Mark for the promotion and promotion of awarding body regarding the observed procedure for the aforementioned products and services. awarding the Mark and imposing sanctions, to make recommendations and issue instructions. If the EAC finds 3. The awarding body must, at the request of the that the institution does not meet the specifications required beneficiary of the Trademark, grant a certificate by the awarding regulation or by this article, it may decide registration in the Electronic Register of Greek Products - to replace Services, which certifies the right his stance. use of the Mark for a specific product or service and states Article 190 the terms of use in accordance with the Regulation. Electronic Register of Greek Products – Services Article 192 1. To the Directorate of Commercial and Industrial Property Procedure for awarding the Greek Mark of the General Secretariat of Trade maintains the Electronic 1. For the awarding of the right to use the ÿiÿ Register of Greek Products - Services once the person concerned submits an application - responsible , in which every grant, renewal, transfer and temporary or the declaration, in print or electronically, and pays the fees final revocation of the use of the Mark is registered by determined on a case-by-case basis to the body that is product and service category . The Register includes the competent in accordance with the Regulations of article name of the company, the type and mandatory sales 187 for the awarding of the Mark. name, if provided, and the category of products and 2. The application – responsible declaration contains at least ÿ services to which the Mark has been awarded. By to: regulation of the EAC , the data entered in the Register a) For natural persons, the name, occupation and may be specified by product or service category, as well address of the applicant. On legal entities, the form, as to regulate name and distinctiveness their title, headquarters and legal representative , other matters of a technical and detailed nature relating to the maintenance of the Registry, registrations, secure b) The products or services which the Mark is intended access and credit to distinguish. user poetry. c) Declaration that the products or services meet the 2. The registration of the data in the Registry database specifications laid down by the Regulation issued in is done electronically directly by the awarding body, which accordance with article 187. is responsible for the completeness and correctness of the d) Declaration that, in addition to the Regulation, the data entered products and services meet the specifications laid down there. Correction of the data is permitted upon request by by Greek, European and International Legislation, the beneficiary of the Trademark, as long as he cites and especially with regard to production, standardization and provides the operator with the correct data their integrity, hygiene and safety during their use and hey consumption. 3. The part of the Register that concerns the indexes e) Declaration that the applicant has not been convicted ria of beneficiaries of the Trademark and name of sale of summons in the last three years for violating the law products and provision of services, is public and freely clause on intellectual property, the procurement legislation accessible. and the more specific legislation concerning the product or 4. The Directorate of Commercial and Industrial Property service for which the award of the Mark is requested. If the in cooperation with the Informatics Directorate of the awarding of the Mark is requested by a private company, General Secretariat of Trade is obliged to observe all the this declaration concerns, in addition to its legal required protocols and technical representative or administrator , also its partners. specifications in order to ensure the security and integrity of the Registry database . 3. Where the Regulation of article 187 requires the performance of laboratory tests on the product, the Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2369 must submit a sample of the product to the offices of the b) the irrevocable conviction of the beneficiary for a wrongdoing organization or to a laboratory approved for carrying out items referred to in case e' of para checks within a period set by the body responsible for paragraph 1 of article 192, awarding the Mark. c) the non-renewal of the right of use after the expiry of the 4. Where the Regulation of article 187 requires for the protection period of paragraph 8 of article 192, awarding of the Mark an on-site inspection at the production facilities of the product or provision of the service, this shall d) the cessation of production and distribution of the be carried out by employees of the organization or third product or provision of the service for which it was awarded parties, to whom this work has been specifically assigned learn the Sign, and who have the Mrs e) the interruption of the economic activity of the beneficiary, appropriate knowledge for the control of facilities and their certification. The above on-site report f) the submission of a deletion request by the right-holder which is carried out on working days and hours, within a ear. period of fifteen days from the submission of the application for the award of the Mark Article 194 5. Where the Regulation of article 187 requires, in order to Sanctions – Revocation of the right to use award the use of the Mark, to carry out an input / output Hellenic Sign control, the body may request from the applicant the relevant 1. The awarding body of the Mark may invoices, as well as the relevant supply contracts. impose on the beneficiaries of the use of the Mark, in case of violation of this law and the Regulations issued in 6. For laboratory audits, audits of financial inputs / accordance with article 187 and depending on the severity outputs and audits and duration, the following sanctions: in the production or service provision facilities, a report is drawn up by the operator a) written recommendation with the definition of a deadline da, as defined by the relevant Regulations for the awarding education, of the trademark, the control which is submitted without delay b) temporary or final revocation of the right to use the Mark. to the awarding body, which based on this can either award the Trademark or revoke the right to use the Trademark or 2. The sanctions of paragraph 1 are imposed when the reject due to control shows that: considered the request or to set a deadline, within which the a) the product or service for which it was awarded applicant must comply with his instructions in order to if the Mark does not comply with the specifications and reconsider the award request conditions laid down by the Regulation issued in accordance me. In the latter case, the Regulation of article 187 may with article 187 or provide for the payment of an additional fee, if it is necessary b) irregular or misleading use is made in printed or to carry out new checks to certify the applicant's compliance advertising material or with the instructions of the awarding body. c) intentionally misleading or false information is provided to the awarding body. 7. The awarding body of the Mark is entitled to live 3. In the event of a temporary revocation, the institution any additional information from the interested party in order to award him the Badge. may require the beneficiary to comply with specific measures 8. The right to use the Mark is granted for three years and in order to lift the revocation. In case of definitive withdrawal, may be renewed for equal periods of the institution decides stamps, after submission of a relevant application by the is responsible for the actions that must be taken regarding beneficiary to the competent awarding body, the latter the products that already bear the Mark and must make it every two months every three years. For the renewal, the known to the general public by all means beneficiary submits an electronic declaration that he fulfills serious means, the revocation and deletion from the the terms and conditions of the award in accordance with Electronic Register. In particular, the operator can the applicable, at the time of renewal, Regulation of article order the removal and destruction of the Marks from products 187. Since, for the renewal that do not meet the specifications laid down by this law and means that checks are required by the awarding body, it sets the Regulations of article 187. a deadline within which a sample of the product is presented or an inspection is carried out at the premises. In these 4. If a Trademark is used by a non-beneficiary, no cases, a renewal fee may be provided by the Regulation of to the exclusion of any criminal liability, the General Secretary article 185. of Commerce: a) imposes an administrative fine, the amount of which amounts to between 3,000 and 300,000 euros, depending Article 193 on the severity, the duration of the violation, as well as the Deletion of beneficiary from the Electronic Register quantity and value of the illegal products/services that have It entails automatic deletion from Ileÿ been sold or provided, Electronic Register of Greek Products - Services: b) orders the removal and destruction of the Marks from a) the declaration of the beneficiary of the use of the Mark the products that have been produced and d in bankruptcy or his position in a similar legal situation moved illegally and if it is not possible to do so to you product turnaround, Machine Translated by Google 2370 GOVERNMENT GAZETTE (ISSUE ONE) c) orders the cessation of use of the Mark for the PART FOUR promotion of products and services, REAL ESTATE AGENTS d) makes known, by any suitable means to the general Article 197 public, the illegal use of the Mark. Concept of terms 5. The organization and the General Secretary of Commerce, for the cases of paragraph 4, before the 1. For the implementation of the provisions of the fourth throwing sanctions are obliged to call the auditor part hereof (articles 197 to 204), the terms mentioned going to express his views. below have the following meaning: a) Real Estate Broker is the natural or legal person Article 195 that provides real estate brokerage services. Objections b) Brokerage Service is the suggestion of opportunities 1. Against the decisions of the bodies concerning the or the mediation for the conclusion of contracts related to awarding, deletion and transfer of the Mark, as well as the real estate and in particular contracts of sale, exchange, imposition of sanctions in accordance with the lease, financial lease, establishment of paragraphs 1 to 3 of article 194, an objection may be filed booty or property compensation. before the EAC within a period of thirty (30) days, starting c) Probationary Real Estate Broker is the natural person from the notification of the contested decision to the who, as part of his apprenticeship, assists the real estate beneficiary/controlee or, in the case of third parties, from broker in the performance of his brokerage work, except the registration of the decision in the Electronic Register . for the conclusion of contracts The objection is submitted either to the EEC Secretariat at brokerage bases on behalf of the broker. the General Secretariat of Trade or to the awarding body, 2. For the provision of real estate brokerage services by which a legal entity, cumulatively: must forward the objection to the EAC within four working a) Provision of mediation services days. The EAC is obliged to rule on it within two months to the statutory purpose of the legal entity and from the date b) the conditions for exercising the profession of a real estate broker, as defined in article 198, must meet at least her receipt. one of the physical pre- 2. The submission of an objection before the EAC is suspended persons who legally represent the legal entity. The above executes the decisions of the institutions by which sanctions conditions must also be met by the head of the brokerage are imposed. As long as the body's decision orders the branch of each branch removal and destruction of the Mark or the products bearing of the legal entity. the Mark, the President of the EAC may order, at the 3. For the matters not regulated by the paragraph request of the awarding body or anyone who has by law, the provisions of articles 703 - 707 of the Civil Code on mediation apply. legal interest or ex officio, until the issuance of a final decision by the EAC: Article 198 a) the temporary storage of the Marks or products Conditions for practicing the profession at the institution's or a third party's facilities. In this case, 1. For practicing the profession of broker akiÿ the EAC may, by issuing the the following prerequisites are required for the natural her phase on the objection to classify nature person concerned or, in the case of a legal person, the lactra, persons defined in case b of paragraph 2 of article 197 b) the ban on the sale and circulation of products of or providing a service bearing the Mark, positions: c) informing the consumer public about the possibility of a) To be a Greek citizen or a citizen of a member state illegal use of the Mark, of the European Union or a member state of the European In these cases, the appeal is considered by the EAC as Economic Area (EEA). The citizen of a third country is a matter of priority. required to have a residence and work permit in Greece or 3. During the examination of the objection by the EAC may a residence permit for another the objector must appear and express his objection independent economic activity, according to Law 3386/2005 physically his views. (Aÿ 212). 4. Against the decisions of the EAC on objections, an b) Not have been convicted of a felony or a misdemeanor appeal is allowed before the Administrative Initiative for the offenses of theft, embezzlement, fraud, court of Athens within a period of sixty days from the day embezzlement, forgery or misuse of securities, perjury, after the notification of the decision on the objection perjury, fraudulent bankruptcy, solicitation of creditors, according to the provisions of the Code of Administrative usury, issuing a bad check or any of the crimes about the Procedure. currency. Article 196 c) Not to have been subjected to total or partial, Publication of decisions deprivation or auxiliary judicial support (AK1666ÿ1688). The acts of the EAC, with the exception of those of article d) To have a high school diploma or an equivalent school 195, are compulsorily posted on its website or, if it does foreign loot. not have one, on the website of the General Secretariat 2. The fulfillment of the conditions of paragraph 1 is of Commerce. proven by the following documents: Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2371 a) Identity card or passport, if it is an E- 2. In order to be registered in the above register, the natural arrest of a citizen or a citizen of an EU member state person concerned must meet the conditions of cases a, b and c Union or a member state of the EEC, or, if it is a citizen of a of paragraph 1 of article 198. third country, a residence and work permit in Greece or a residence permit for an independent 3. In order to register as a Probationary Broker Akiÿ economic activity. threads in the chamber's register, the interested party b) Responsible declaration that he has not been convicted of he submits to the competent service of the curator the offenses of case b' of paragraph 1. responsible declaration of Article 8 of Law 1599/1986 (Aÿ 75), c) Certificate certifying that he has not been subject to judicial in which they state: support. a) that he has not been convicted of or is under trial for a d) Certificate of registration of the probationary broker in relation felony or a misdemeanor of theft, embezzlement, fraud, register of article 199 and a responsible statement of the broker embezzlement, forgery or misuse of securities, perjury, perjury, he assists, from which to derive fraudulent bankruptcy, racketeering, usury, issuing a bad check his seniority as a probationary broker expires. or any of the crimes about currency e) High school diploma or equivalent school of alÿ praiseworthy 3. In the case of a real estate broker recognized by an EU b) that he has not been subjected to total or partial, deprivation member state. or a member state of the E.O.H. and established or subsidiary legal support, in it, who wishes to settle in Greece, through the establishment c) that he holds a high school diploma or an equivalent foreign of a branch office qualification and room, office or other facility, a permit is required d) the details of the broker, with whom he is going to proof of his registration in a register or other competent authority cooperate. Also, a responsible declaration of the broker is or professional organization, in accordance with the legislation submitted, in which the commitment of their cooperation is of his country of establishment. This broker holds the title mentioned. assigned to him in the country of his principal establishment. 4. Experienced Real Estate Agents are insured in advance retically to the Freelancer Insurance Organization 4. The above documents and certificates are submitted gelmation (O.A.E.E.). by the interested party to the competent chamber, which, after checking their completeness, proceeds Article 200 to the registration in the chamber's register and in the General Brokerage contract Commercial Register (G.E.MH.), subject to the provisions of 1. The real estate brokerage contract is drawn up in paragraph 7. in writing. To complete the document form, it is sufficient to 5. The aforementioned conditions must be fulfilled exchange signed letters, signed faxes, as well as e- mails. are held on a permanent basis and are controlled by the competent chamber. To this end, real estate brokers must they are required to inform the competent chamber within one 2. The contract must: month of the termination of the conditions a) To include the data of the contracting parties, their tax conditions required for their registration in accordance with registration number, as well as the VAT number. of the broker. paragraph 1. If even one of these conditions is missing, the In case of diaÿ broker is deleted from the G.E.MH. and the chamber register. of cross-border provision of brokerage services, indicated the registry and the competent authority or organization, in 6. It is forbidden to practice the profession of broker and to register with GEMH. to those brokers aciÿ which the broker is registered, in accordance with the legislation the disciplinary penalty of definitive deprivation of the right to of the country of his establishment. practice the profession or temporary deprivation, for as long as b) To determine the identity of the object of the mediation or it is valid, or the consequential penalty of prohibition to practice suggestion of opportunity, the type of the profession has been imposed of the contract to be concluded, as well as the amount or of the broker, for as long as it is valid. percentage of the brokerage fee, which is freely negotiable and 7. Brokers recognized by a member state of the EU or a not subject to legal minimum limits. member state of the E.O.X. and established therein, who in the context of the cross-border provision of services occasionally The use of general transaction terms in the contract withÿ carry out brokerage operations in Greece, as defined in article of food is governed by the provisions of article 2 of Law 197, do not have an obligation to register with the G.E.MH., as 2251/1994 (Aÿ 191). long as they meet the conditions of the state of origin for the 3. Unless otherwise specified, the duration of the brokerage performance of brokerage operations . contract is twelve (12) months, with right extension for six (6) more months, following a unilateral written declaration by the principal. After its expiry , a new contract can Article 199 be concluded between the same contracting parties. If the Register of Probationary Real Estate Agents duration of the contract is withÿ 1. A Register of Experienced Real Estate Brokers is higher than the one defined above, any of the contracting parties established in the local chambers, in which they have sub- has the right to terminate it fee to register Probationary Real Estate Agents. The date of it runs free of charge after the lapse of twelve (12) months. The entry into the register is considered the start time of the trial results of the complaint come after three (3) months have period. passed. Machine Translated by Google 2372 GOVERNMENT GAZETTE (ISSUE ONE) 4. An exclusive agency contract is allowed, in the the contract finally concluded is presumed to be the result context of which the principal does not have the right lesma of the mediation of the broker. to assign an order with the same content to another broker, 7. The brokerage contract must explicitly state whether nor to act himself or a third party on his behalf in the search the broker can also act for the counterparty of his principal. for opportunities If, despite the for as long as the contract is valid, and the broker has the In the absence of the above agreement, the broker has a obligation to act for the execution of the order. Exceptions to contract with the other party, the principal is entitled to refuse the non-activity of third parties on behalf of the principal are the payment of the agreed fee or claim the return of the only possible if they concern natural or legal persons named already paid. 8. In every mutually binding contract on real estate, are expressly stated in the contract. The exclusive brokerage which is drawn up with a notarial document, in contract cannot have a duration of more than eight (8) a responsible declaration of article 8 of Law 1599/1986, of months, with the right to extend for four (4) more the contracting parties regarding the mediation or non- but months, after a unilateral written statement from the brokerage of real estate in its preparation and, if positive, principal, and after its expiration a new contract can be the details of the broker, the G.E.MH. of him and his tax concluded. If the main contract was drawn up during the registration number, as well as the amount or percentage of exclusive brokerage, it is presumed to have been drawn up the brokerage fee. at the suggestion or mediation of the exclusive broker, unless the main contract was drawn up with one of the persons 9. The parties to a contract related to real estate expressly mentioned in the exclusive brokerage contract, are not obliged to pay a fee to persons who offered brokerage who were agreed to be personal activity of the principal is services, without meeting the conditions of article 198 and possible. In the latter case, the broker has a claim for paragraphs 1, 2 and 3 of this article. reimbursement of all costs incurred for the pre- 10. The principal is obliged to announce to the complete the drawing up of the main contract at least one promotion of the property, plus a reasonable compensation, day before its drawing up, otherwise he is liable to which cannot exceed 1/3 of the contract compensate the broker for any damage caused by the of the stipulated fee, without the total amount being more untimely notification. than half of the agreed fee. If the main contract was drawn 11. The action brought by the broker against his principal up within three months from the end of the exclusive requesting the award of brokerage fees is notified to the brokerage period and in the meantime the principal has D.O.Y. Income Tax of the broker, otherwise the discussion instructed another broker, then remuneration to the (first) is unacceptable. exclusive broker it is due only if it is proven that the conclusion of the contract Article 201 Obligations of real estate agents is due to his own actions. 5. The real estate broker has the right to claim the agreed Real estate agents must: fee when drawing up the a) To inform, before the conclusion of the main contract, primary contract, as long as he himself has mediated its their principals and prospective counterparties, of the conclusion or has indicated the opportunity to conclude it, properties of the property of the order, as well as of any real regardless of the type of main contract that was finally drawn defects up for the property. If moreÿ his tomes, which have demonstrably come to their knowledge. brokers in collaboration with each other indicated or mediated, then a fee is due only once, paid by the principal b) To inform before concluding the contract to one of them, against whom alone the others have the brokering their principals for every case of transaction, in right to turn and, in case of lack of agreement between them, which there is a double order (an order from the other party it is distributed among the brokers according to the as well) or another personal or financial interest of the same percentage of each person's contribution to the drawing up is involved, beyond that of the agreed fee. of the contract. If several brokers, to whom the principal provided successively different orders , successively c) To protect professional confidentiality and not to disclose indicated the same opportunity, only the one who first personal and financial information to third parties indicated the opportunity is entitled to a fee. If the percentage legal details of their principals, beyond those necessary for of each broker's contribution to the drawing up of the contract the drawing up of the contract, subject to the provisions of cannot be proven, then the greater of the fees agreed upon Law 3691/2008 (ÿÿ166). by the entity shall be distributed among the brokers in equal parts. Article 202 Criminal sanctions leas with his different commands. During mediation for the Anyone who acts as an intermediary or shows the self- reconstruction of a property with consideration, the broker is as a broker of civil contracts, without fulfilling the conditions entitled to claim full remuneration by drawing up the of paragraph 1 of article 198 and without having registered preliminary contract, unless he has an agreement with the General Register of Civil Engineers, shall be punished be different. with imprisonment from six (6) months to two (2) years or with ÿ 6. If a different contract is concluded for the same property pecuniary penalty from five thousand (5,000) to thirty based on the provision in the brokerage contract, thousand (30,000) euros or with both penalties. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2373 Article 203 6. The disciplinary council, for making the decision Disciplinary Board ÿ Disciplinary sanctions may call witnesses for examination, request the deposition of documents, order the inter- 1. By decision of the Regional Governor for Professions expert opinion or autopsy and to request the assistance of matic Chambers of Athens, Piraeus, Thessaloniki and any public authority. The accused person is asked to Rhodope and of the relevant Vice-Regional Governor, for apologize within a reasonable time and has the right to the other Chambers of the Country, it is constituted by submit his apology orally or in writing and to appear before disciplinary board, which exercises disciplinary authority the Disciplinary Council with a lawyer or to be represented over real estate agents. The disciplinary council includes: by a lawyer goro appointed by simple written authorization. If the indicted a) A judge of first instance, as president, appointed by person is of unknown residence, the disciplinary council according to the provisions of the Legal Status Code posts the summons for apology in the chamber's of Officials. announcements area for one (1) month and then decides in b) The head of the Marketing Department or Department his absence. At the same point and for the same period of rio of the Region of the seat of each chamber. time, he posts his decision or any other relevant document. c) One member of the board of directors of each office from the real estate industry, with at least five years of 7. The decisions of the disciplinary board are transmitted experience, and if there is no real estate industry, a real are sent to the chamber and are communicated both to the estate agent defendant, through the relevant chamber, and to G.E.MH. with at least five years of experience, who has a professional and in the other chambers of the country. seat in the same prefecture and is proposed by the primary trade union body of the same branch, as a member. Article 204 Final and transitional provisions The head of the Department performs the task of rapporteur 1. The active brokers, who are registered of the Registry of each chamber. registered in the relevant chambers until the publication of The duty of secretary is performed by an employee of the curator this law, retain their status as Members rio, being appointed by its board of directors with the same parties to Civil Contracts and have the obligation to comply decision. with the provisions of this law, with the exception of the All the above are appointed with their deputies . provisions of paragraphs 1 and 2 of article 198. 2. The expenses of the disciplinary council and the salary 2. From the publication of this law catÿ expenses of its members are borne by the chamber's budget reads: and are determined by a decision of the board a) the p.d. 248/1993 (Aÿ 108), with the exception of cetic committee of paragraph 1 of article 2 thereof, which remains in force until 3. Disciplinary offenses are the following: the start of the full operation of the G.E.MH., a) Any breach of obligation arising from b) any other provision contrary to the provisions provisions of articles 197 to 204 hereof. of this Part. b) Any fraudulent or negligent action that damages 3. Upon the first application of the provisions of articles the professional reputation of civil brokers 197 to 204 of this law, the decisions of paragraphs 1 and 2 bases. of article 203 are issued within three (3) months from the c) Any violation of the terms of the order received by the entry into force of this law. broker from the principal, the illegal collection of fees or advance payments, as well as the inability to return money if the broker does not fulfill its obligations under the contract. PART FIVE REGULATION OF SHIPPING MATTERS, PORTS 4. The disciplinary proceedings before the disciplinary committee AND FISHING the council is exercised by the president of the chamber, following a complaint by anyone with a legal interest or the Article 205 president of the relevant professional association or ex National Fisheries Data Collection Program officio. If there are reasonable indications that a disciplinary 1. The responsibility of collecting primary biological, offense has been committed, disciplinary action is mandatory. technical, environmental and socio -economic data concerning the fisheries sector within the framework of a 5. Disciplinary penalties are the following: multi-annual national program and the pro- a) Written reprimand. preparatory actions of drafting and submitting b) Fine from two thousand (2,000) euros to ten proposals at all stages of the National Programme thousand (10,000) euros. Fishing Data Collection, as well as the creation, maintenance, c) Temporary deprivation of the right to exercise it secure storage in an electronic database, as specified and profession up to one (1) year. described in Regulation (EC) no. 199/2008 of the Council of d) Imposition of a fine and temporary deprivation of the 25 February 2008 "on the establishment of a Community right to practice the profession. framework for the collection, management and use of data e) Definitive deprivation of the right to practice the in the fisheries sector and support for scientific opinions profession if it falls under the criminal offenses referred to in case b of article 198. Machine Translated by Google 2374 GOVERNMENT GAZETTE (ISSUE ONE) for the common fisheries policy", belongs to the development, Competitiveness and Shipping , other Fisheries Research Institute (INALE) of the Hellenic Special Decentralized Services may be recommended Agricultural Organization - DIMITRA. "Fishery Products Control Stations" which operate at other 2. For the execution of the program, the Fisheries Research points of entry of fishery products Institute of the Hellenic Agricultural Organization ions from third countries. smus – DIMITRA is obliged to cooperate with the Hellenic 3. By presidential decree issued at the proposal of the Center for Marine Research (ELKETHE). Ministers of Administrative Reform and Telecommunication 3. From its annual budget, the Ministry of Development, of e-Governance, Finance and Development, Competitiveness Competitiveness and Shipping undertakes and Shipping, the term is determined has to pay the fees in advance at the beginning of each year ganosis, the structure and staffing of the above Services, as total costs covered by the program with a special grant for this well as any other relevant matter. purpose to the special account of the Institute of Fisheries 4. The ichthyologists PE and TE of the various branches (for Research (INALE) of the Hellenic Agricultural Organization - the General Directorate of Fisheries, the branches of DIMITRA, which transfers to the Hellenic Sea Center Ichthyologists PE4 and Fisheries Technologists - Fishing TE5 and for the other bodies the corresponding branches, such as those re- of Research (ELKETHE) the part of the grant allocated to it brought to their respective organizations), as well as the staff of based on the annual pre-agreement other specialties who serve in the Directorates of the General for the planning of works submitted in the context of the Directorate of Fisheries and the Special Decentralized Services country's obligations to the services of the European Commission of the General Secretariat after a proposal by the General Directorate of Fisheries and Department of Shipping of the Ministry of Development, Counter approval by the Ministry of Development, Competitiveness and of Competitiveness and Shipping, in the Fisheries Services of Shipping. the Regional Units and the Regional Administration, in the 4. The Fisheries Research Institute (INALE) of Greece Fisheries Services of the Decentralized Administration and the of the National Agricultural Organization - DIMITRA and the Hellini- Self-Government and deal with controls and inspections of the Center for Marine Research (ELKETHE) are required to take activities of the fishing sector and the marketing of products of the necessary actions in order to secure community financial the fishing sector and their importation, with the artificial pa- assistance for the program and to submit reimbursement requests to the Greek State for the costs incurred breeding aquatic organisms, as well as with the implementation of programs, in application of the fisheries legislation, they are were made for the implementation of the national programs obliged to provide their services also outside normal working of, in accordance with the rules established by hours during the works Regulation (EC) no. 861/2006 of the Council of 22 May days, as well as on exceptional days, holidays and Sundays, as 2006 "on the establishment of Community financial long as this is required by business needs. measures for the implementation of the common fisheries policy as well as in the field of Law of the Sea" Article 207 (E EL 160 of 14.6.2006) regarding the costs to which the Amendment of provisions for the Commission member states are subjected for the collection and management Planning and Development of Ports (law 2932/2001) of the basic fishing data. 5. The Ministry of Development, Competitiveness and 1. Paragraph 3 of the nineteenth article of Law 2932/2001 (A' Shipping retains the ownership and responsibility for disposal 145), as added by paragraph 2 of Article 35 of Law 3153/2003 of all primary and processed, i.e. (A' 153), is replaced as follows: of partial and aggregated data of the National Fisheries Data Collection Program. "3. For the drafting of the positive opinion or the negative 6. By joint decision of the Ministers of Finance, Anaÿ decision of the Preliminary Determination of Environmental development, Competitiveness and Shipping, Education, Requirements, of all port areas Lifelong Learning and Religions and Rural Development and angle provided for in article 3 par. 2a case fff of Law 4014/2011, Food the details of the implementation of this are determined. the consent of the Ports Planning and Development Committee is required. If the responsible body does not choose the procedure of the opinion by submitting a PPPA file, for the Article 206 issuance of a Decision on the Approval of Environmental Recommendation of Audit Services Conditions of all port projects, provided for by articles 3 par. 2b 1. Special Decentralized Service "St and 4 par. 3g of Law 4014/2011, back Control of Fishery Products", which is under the General Directorate of Fisheries of the General Secretariat of Shipping the approval of the Ports Planning and Development Committee, of the Ministry of Development, Competitive on the Environmental Impact Study. This agreed opinion and Shipping and operates at Athens Airport, with the replaces the opinions of the co-competent services that pre- purpose of carrying out checks and inspections measures on imported fishery products from third countries, in are seen in article 14 par. 2 of Law 2971/2001 and in article 3 the context of the implementation of fisheries legislation. par. 2a point dd' during the procedure of the Preliminary Determination of Environmental Hazards 2. By presidential decrees issued in advance tensions. The deadlines provided by articles 3 and 4 of Law tension of the Ministers of Administrative Reform and 4014/2011 are, with regard to the provision of consent by ESAL, E-Governance, Finance and Development indicative." Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2375 2. In article 19 of Law 2932/2001 (ÿÿ145), as amended of Infrastructures of the General Secretariat of Ports and was made with articles 35 and 44 of Law 3153/2003 Port Policy, as long as the following conditions are (ÿÿ153), paragraph 6 is added as follows: cumulatively met: "6. The decisions of the Ports Planning and Development a) are intended to maintain existing equipment Committee, with the exception of the decisions of or in the restoration of damages, losses or damages that paragraph 3, are published in the Government Gazette." endanger the safety of workers and users and are caused by normal use during the execution of 3. The regulatory decisions of the Commission Relation fundamental activities of the port or port facility (loading- and Development of Ports of the nineteenth article of unloading Law 2932/2001, which have not been published in the loading and movement of heavy vehicles, disembarking Government Gazette until the of traders, usual weather phenomena, etc.) or from of this law, are sanctioned by a decision of the Minister extraordinary situations (natural disasters, collision of of Development, Competitiveness and Shipping ships, etc.), such as in particular excavations (caving in), be published in the Government Gazette. These all kinds of damage or damage to quays and piers, decisions are amended by a decision of the Ports settlement of superstructures, equipment used Planning and Development Committee which replacement lives, local shield failures ÿ preÿ is published in the Government Gazette. stoppage of external port works (breeching), 4. In paragraph 9 of article twenty-one of Law b) do not modify the geo- in any way 2932/2001, case c is added as follows: metric characteristics of ports or port facilities; "c) Repairs - interventions of a local nature and maintenance work in the areas of responsibility of the c) their tender budget does not exceed the amount of SAs are carried out in accordance with the written 100,000.00 euros plus VAT. and provisions, by decision of the Board of Directors, after a recommendation of the Directorate of Projects, which is notified to the d) are inextricably linked to the smooth and safe operation Directorate of Port Infrastructures of the General operation of the port or port facility. Secretariat of Ports and Port Policy, as long as the To start the execution of the repairs - interventions following conditions are met cumulatively: of this paragraph requires a police license from the aa) are intended to maintain existing equipment competent port authority." or in the restoration of damages, losses or damages that Article 209 endanger the safety of workers and users and are Completion of provisions for O.L.T. projects. caused by normal use during the execution of fundamental activities of the port or port facility (loading- 2. After paragraph 3 of article seven of Law 2688/1999 , unloading as replaced by Article 32 of Law 3153/2003 (Aÿ 153), loading and movement of heavy vehicles, disembarking paragraph 3a is added as follows: of traders, usual weather phenomena, etc.) or from "3a. Repairs – operations of a local nature and extraordinary situations (storms, ship collisions , etc.), maintenance works in the area of responsibility of the such as in particular sinkholes (caving in), all kinds of O.L.Th. S.A. are carried out in accordance with the texts of damage or damage to platforms and piers, settlement of classes, by decision of the Board of Directors of O.L.Th. superstructures, equipment used S.A. after a proposal from the Works Directorate, which replacement lives, local shield failures ÿ proÿ is notified to the Port Directorate for information stoppage of external port works (breeching), of Infrastructures of the General Secretariat of Ports and bb) do not modify the conditions in any way Port Policy, as long as the following conditions are ometric characteristics of ports or port facilities, cumulatively met: a) are intended to maintain existing equipment c) their tender budget does not exceed the amount of or in the restoration of damages, losses or damages that 100,000.00 euros plus VAT. and endanger the safety of workers and users and are caused by normal use during the execution of dd) are inextricably linked to the smooth and safe fundamental activities of the port or port facility (loading- operation of the port or port facility. unloading To start the execution of the repairs - interventions loading and movement of heavy vehicles, disembarking of this paragraph requires a police license from the of traders, usual weather phenomena, etc.) or from competent port authority." extraordinary situations (natural disasters, collision of ships, etc.), such as in particular excavations (caving in), Article 208 all kinds of damage or damage to quays and piers, Completion of provisions for O.L.P. projects settlement of superstructures, equipment used After par. 3 of the second article of Law 2688/ replacement lives, local shield failures ÿ proÿ 1999 (A' 40) paragraph 3a is added as follows: stoppage of external port works (breeching), "3a. Repairs – operations of a local nature and b) do not modify the geo- in any way maintenance works in the area of responsibility of the metric characteristics of ports or port facilities; O.L.P. S.A. are carried out in accordance with the texts of classes, by decision of the Board of Directors of the c) their tender budget does not exceed the amount of O.L.P. S.A., after a proposal from the Works Department, 100,000.00 euros plus VAT. and which is notified to the Port Department for information Machine Translated by Google 2376 GOVERNMENT GAZETTE (ISSUE ONE) d) are inextricably linked to the smooth and safe operation on the Safety of Ships and Port Facilities operation of the port or port facility. of ISPS (International Ship and Port Facility Security), of To start the execution of the repairs - interventions Law 3622/2007 (ÿÿ284), of the Schengen Treaty, of of this paragraph requires a police license from the Regulation (EC) 725/2004, of European Directive competent port authority." 2005/65 for the improvement of ship security, of port facilities and ports from deliberate illegal actions and the Article 210 studies Req Completion of provisions for port projects of Port Facility Security (S.A.L.E.) that have been (law 2971/2001) prepared on the basis of the Li- Paragraphs 4 and 5 are added to Article 18 of Law of individual installations (A.LE.E.), such as mobile periÿ 2971/2001 (Aÿ 285) as follows: fences, installation of checkpoints, installation of "4. Repairs – interventions of a local nature and surveillance cameras on poles, protective bars and other maintenance works in existing ports and harbors minor interventions, which do not modify or alter the partial installations are carried out in accordance with the natural provisions, following a decision of the General Secretary static geometric characteristics of ports or port facilities Minister of Ports and Port Policy of the Ministry of and their operation is not impeded. Development, Competitiveness and Shipping, by way of derogation from paragraph 2, after submission of For the start of execution of the works of para at the request of the management and operating body of this article, the prescribed by law is required of the port or port facility, as long as the following Article 3 police license of the competent port authority." conditions are met cumulatively: a) are intended to maintain existing equipment or in the restoration of damages, losses or damages that Article 211 endanger the safety of workers and users and are Installation of protective nets caused by normal use during the execution of fundamental The placement, by the port administration bodies, of activities of the port or port facility (loading-unloading protective nets (floating barriers), according to the provisions of p.d. 23/2000 (Aÿ 18) on the protection of loading and movement of heavy vehicles, disembarking coasts and bathers from marine pollution (co- of traders, usual weather phenomena, etc.) or from waste collection and containment systems in an extraordinary situations (natural disasters, collision of aquatic environment) in marine bathing facilities ships, etc.), such as in particular excavations (caving in), stands, located outside NATURA 2000 areas, are all kinds of damage or damage to quays and piers, allowed for seasonal use with the permission of the settlement of superstructures, equipment used competent port authority, without compaction on the bottom. replacement lives, local shield failures ÿ proÿ stoppage of external port works (breeching), Article 212 b) do not modify the geo- in any way Amendment of article 13 of the b.d. 14/1939 metric characteristics of ports or port facilities; Case e' of par. 2 of article 13 of the b.d. 14/ 1939 (Aÿ 24), as amended by par. 1 of art. c) their tender budget does not exceed the amount of throu 4 of n.d. 158/1969 (Aÿ 63), is replaced as follows: 100,000.00 euros plus VAT. and "e) Execution of a project or supply or in general undertaking a total amount of 500 euros for each d) are inextricably linked to the smooth and safe operation expenditure and up to an annual total expenditure of 3,000 euros." operation of the port or port facility. To start carrying out the repairs - intervene Article 213 of this paragraph, the police permission provided by Naval Embankment Fund Issues paragraph 3 of the competent port authority is required . 1. Paragraph 1 of article 27 of Law 3863/2010 (A 115) is replaced as follows: 5. By decision of the General Secretary of Ports and "1. From 1.4.2012 the supervision of the Naval Port Policy of the Ministry of Development, Anti- Disarmament Fund (N.A.T.), the Branch of Auxiliary competitiveness and Shipping, by way of derogation Insurance for Sailors (K.E.A.N.), the Unemployment Fund – Sickness from paragraph 2, the following interventions are also of the Navy (K.A.A.N.), of the Pension Fund implemented in existing ports or port facilities of the Merchant Navy (T.P.A.E.N.), the Provident Fund services / upgrades of a local nature, in accordance with for Junior Crews of the Merchant Navy (T.P.K.P.E.N.), the written provisions: the Marine Home (E.N.), the Special Lo- a) Equipment and works aimed at the of Family Allowances (E.L.O.E.N.), the Divers' Capital creation of rudimentary, small-scale installations (K.D.) and the Merchant Marine Institutions' Auxiliary for the service of traveling passengers and workers, such Insurance Fund (TEAPIEN), is exercised by the Ministry as water coolers, sunshades, chemical toilets, Bank of Labor and Social Security. ATMs, automatic ticket machines, equipment and signage for pedestrian and vehicle traffic, etc. The authority and the, after the liquidation of the sailors scholars, management of the special accounts " Nautical b) The installation of security systems with the aim of Education Fund" (N.E.) and "Navigation Service complying with the requirements of the International Code Fund" (K.P.Y.) has been carried out since 1.4.2012 by the Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2377 seafarer education department of the General of Law 4024/2011 (Aÿ 226), the following paragraph is added Secretariat of Shipping and by the Maritime Service of you want: the General Secretariat of Ports and Port Policy respectively "The long-term unemployed seafarers who are registered ha, of the Ministry of Development, Competitiveness and in the offer lists are also exempted from the obligation to Shipping. pay a special levy By joint decision of the Ministers of Development, Antagoÿ for seamanship of the Maritime Employment Office nistency and Shipping and Labor and Social Security, (G.E.N.E.), which include every other issue related to the management of the above the relevant lists of the Port Authorities that operate as its special accounts " Maritime Education Fund" (MNA) and annexes are also obtained, as well as those who receive "Navigation Service Fund" (K.P.Y.) is regulated." unemployment benefits from the said Body, as long as at the time of certification they have no real income." 2. Paragraph b of article 3a of the law 792/1978, as added by Article 1 of Law 1085/1980, against Article 216 becomes as follows: Residence of the General Secretary of the Aegean "b) Out of the total "actual seagoing service" on ships of and Island Policy net tonnage over 10 kroner, at least five years of "actual seagoing service" must have been carried out in a period At the end of case h of paragraph 2 of article 3 of Law of time not exceeding 3130/2003 (A' 76) the following paragraph is added: greater than three times that.” 3. Tables I and II contained in Appendix A of article 32 of "The above also applies to the Secretary-General Law 2166/1993 (ÿÿ 137) and concerning the amount of the of the General Secretariat of the Aegean and Islands one-off benefit granted by TPAEN and TPKPEN Policy." respectively, to their insured, are replaced by the Tables Article 217 contained in SCHEDULE X of this Act and constitute the Defense and civil action costs basic tables on which all lump sum increments granted up staff of the General Secretariat of Shipping to the commencement of this Act or to be granted in the and General Secretariat of Ports and Maritime Affairs future are calculated. of Politics, Ministry of Development, Competitiveness and Shipping The second paragraph of par. 1 of article 53 of n. Article 214 2935/2001 (ÿÿ162) is replaced as follows: Amendment of provisions on maritime privileges "The costs of defense and civil action of the Article 205 of Law 3816/1958 (Aÿ 32), as amended personnel of the previous paragraph, which from was made by article 1 par. 15 of Law 1711/1987, replaced becomes, are determined by a presidential decree issued is established as follows: following a proposal by the Minister of Development xi, Competitiveness and Shipping. Until the "Article 205 issuance of this presidential decree, the provisions of p.d. They are privileged on board and fare against 15/ 2007 (Aÿ 11) shall be applied accordingly to the above in the class below only the following requirements: personnel, as applicable each time. a) taxes related to navigation, d Article 218 civil costs incurred in the common interest of creditors, Abolition of S.A. under the brand name "POSEIDON fees and rights borne by the ship MARITIME TRAINING INSTITUTE S.A." as well as the seamen's entitlements from the seamen's registration of the Naval Anti-Militarization Fund and the As of the publication of this law, it shall be repealed fines imposed or to be imposed by the is the anonymous company with the name "POSEIDON Office of Finding a Seafarer's Job in favor of the Seafarers' INSTITUTE OF MARITIME TRAINING S.A." based in Unemployment and Sickness Fund (K.A.A.N.), Piraeus, supervised by the Ministry of Development, b) arising from the employment contract Competitiveness and Shipping, as well as the expenses of the master and the crew as well as from the Articles 1 to 7 of Law 3490/2006 (Aÿ 206) which provide deck of the ship to the last port , costs of guarding and for the constitution, powers, bodies and other matters maintenance, governing its general operation . The Greek State is c) expenses and fees due to maritime rescue assistance substituted for the rights and shipwreck, and the obligations of the liquidated company. d) compensation due to ships, passengers and cargo Article 219 due to collision or collision of ships . Institute of Merchant Shipping History Privileges come before the mortgage.” Paragraph 4 of article 83 of the law 792/1978 (A' 220), as replaced by par. 3 of article 39 of Law 2008/1992 (A' Article 215 16), is replaced as follows: Exemption of Unemployed G.E.N.E. "4. The price of the priced forms, which it defines from the obligation to pay a special contribution each time by a decision of the Board of Directors, which is In paragraph 2 of article 29 of Law 3986/2011 (A' 152), approved by the supervising Minister. On the above antiÿ as amended by paragraph 5b of article 38 price of the priced forms of all categories Machine Translated by Google 2378 GOVERNMENT GAZETTE (ISSUE ONE) ships, an additional tax of ten percent (10%) is imposed, 4. The terms of the invitation to enter into a public of which fifty percent (50%) is attributed to the Institute service contract are also terms of the contract, which is of the History of Merchant Shipping, which is based in signed between the Minister Piraeus and was established by article 32 of Law and the shipowner, determine the manner of concluding 2638/1998, and a percentage fifty percent (50%) is it, as well as the special legal framework for its attributed to the Naval Museum of Greece." implementation and regulate every other detail related to the provision of these services. 5. In a case in which, although the procedure of the Article 220 previous paragraphs has been followed, no proposals Public service award contracts have been submitted or the proposals submitted do not 1. Article eight of Law 2932/2001 (Aÿ 145), as it applies meet the requirements of the invitation in paragraph 3 after the replacement of paragraph 5 of this and no declarations have been submitted in accordance of with article six of Law 3482/2006 (A' 163) and its with paragraph 5 of the fourth article, which satisfy the addition with Article 27 of Law 3511/2006 (A' 258), and needs of the route or lines to which the invitation relates the repeal of paragraph 8, which was added by Article 28 of Law 3153/2003 (A' 153), with paragraph 3 of Article is announced, following the opinion of the Councilor 19 of Law 3409/2005 (A' 273), is replaced as follows: of Coastal Transport (S.A.S.), competitive tender for the conclusion of a contract or contracts for the assignment of a public service for a duration of up to twelve (12) "Article Eight years, against rent. Public service award contracts 6. With the announcement of the tender , those 1. If declarations for ship routing are not submitted in shipowners who accordance with the provisions of paragraphs 3 and 5 of and their ships have the conditions defined in article article four, as applicable each time , or the declarations three. The notice includes that have been submitted do not meet the conditions of includes, in addition to the information in paragraph 3, these provisions or do not correspond all the essential information defined by the written meet the needs of the continuity and regularity of the provisions for tenders in public tenders and is published coastal shipping network, the full service of the transport as defined in paragraph 2. In the event of a twelve-year project, the quality and pricing of the provision of services public service assignment contract , the age of the ship at the end of twelve years cannot exceed twenty (20) to the years. cases provided for in this law, the Minister may enter into a contract or contracts for the assignment of a public 7. The terms of the tender announcement for the service for a duration of three to five years for the conclusion of a public service contract, which is signed exclusive service of a specific between the Minister of Development, Competitiveness of lines. and Shipping and the shipowner, constitute the terms of 2. The Ministry, no later than April 30 of each year, the contract, determine the manner of its conclusion, as by invitation published in the Official Gazette well as the special legal framework for its implementation part of the European Communities, is posted on the and regulate every other detail related to the provision relevant website of the Ministry on the Internet and of these services. published in a summary, which includes the essential 8. A notification is sent to the shipowner to whom the according to this information, in the Government Gazette tender was awarded . Without prejudice to the provision and in at least one daily newspaper of article 5 par. 2 subsection a' of Law 3886/2010 (A' of traffic, invites shipowners, who themselves and their 173) the contract is considered con- ships have the legal conditions, to express their interest, I arrived with the announcement of the award, then for the routing of their ship on a specific line or lines, by however, it is under the condition of the positive concluding a relevant contract. completion of what is provided for in paragraph 7 of article 19 of the p.d. 774/1980 (Aÿ 189) prior to contractual control no 3. The invitation states the deadline for expressions of revocation by the Court of Auditors and the impractical interest, the route or lines, the procedure, the body and expiry of the deadline for submitting a revocation the criteria for application or the issuance of a decision on the revocation according to the interested parties, the required characteristics application. The shipowner to whom the result was awarded characteristics of the ship or ships, any obligations to tenderer is obliged to attend the signing of the contract provide additional transport services, the duration of the within the time specified in the announcement of the contract, the rights, obligations, the conditions that award or in another ensure the execution of regular routes and the safety of a separate document sent to him, subject to the deposit transport, the cases of changes to the terms of the of the relevant performance bond. The contract document contract, the warranty letter, the reasons for partial or has an evidential nature only. If the supporting documents total forfeiture or some of them, which were submitted for participation of this, the gradual performance during the execution of in the tender, have expired at the time of the award, the the contract to the guarantor, the sanctions for the shipowner, following a relevant invitation from the violations of the obligations of the shipowner and those competent agency, is obliged to concerning the freight. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2379 present before the awarding of a new license of the second and third paragraphs of paragraph 9, are getics, which must be in force at the time of awarding. also applicable in this case. 12. Article seven also applies to the lines served by 9. For the period of time until the completion of the a public service contract. tender process (initial or repeat). aviation) and the signing of the document of the 13. In public service assignment contracts, the relevant contract, the Minister of Development, provisions of p.d. 118/2007 (ÿÿ 150), as applicable Competitiveness and Shipping or a body authorized by each time, are applied additionally and only for the him may, in order to serve the transport re- matters not regulated by the provisions of this article, kon, to assign directly by signing the contract the conditions of the invitation or notice, as the case public service assignment basis, without the may be, and the conditions of the contract tender process and, by way of derogation from any base". other provision, the execution of itineraries to a ship 14. The provisions of article eight of Law 2932/2001 owner that meets the provisions (Aÿ 145), as replaced by this article, apply to public conditions required by law, against rent. In this case, service assignment contracts the legality check by the Court of Auditors is carried contracts, which are concluded either directly or indirectly out according to the provisions of paragraph 1 of article after invitations or notices issued and published after six of Law 3755/2009 (Aÿ 52). If the check is negative the entry into force of this article, with the exception of and the contract is valid the provisions of paragraphs 11 and 12, which apply is not concluded, the contractor shall be paid the rent to contracts concluded at any time. Contracts concluded corresponding to the itineraries he had already either directly or following invitations or notices performed during the period up to the submission to the Ministry of the act of the Echelon or issued and published before the entry into force of this the decision of the Department of the Audit Conference article, are governed by their terms, the terms of the th, as the case may be, as if the contract had been invitation or notice, as the case may be, and the validly concluded until then, as long as the other provisions of the conditions are met. throu eighth of Law 2932/2001 (A' 145), as it was in 10. By decision of the Minister of Development, Antagoniÿ force before its replacement by this article. and Shipping, after the consent of the Coastal Transport Council, the contracts Article 221 public service contracts concluded after a competitive Extension of fulfillment time tender may be extended, before their expiry, with the contractual obligation same The two-year extension of time for the fulfillment of terms either once or consecutively, for a period of up the contractor's contractual obligation to counter- to four (4) months in total. 11. In case of non-execution of the itineraries due to status of the contracted ship with another of a higher breach of the shipowner's obligation or category, as well as the duration of the contract of their execution for any reason, in the context of basis, may by decision of the Minister of Development, either regular (on-time or late) routing or with any form Competitiveness and Shipping and after the opinion of of public service assignment contract, if deemed the Coastal Shipping Council (S.A.S.) be extended for absolutely necessary, for social, economic and another three years from the day after the end of the environmental reasons two-year period and, in any case, not beyond 31.12. coherence or to cover urgent transport needs, the 2017, following a request from the contractor, which Minister of Development, Competitiveness and Shipping must be submitted before the end of the two-year period, and may, even before the declaration of the shipowner simultaneous renewal of the performance guarantee discount, assign directly by signing a public service letter , provided for in the contract, for a time equal to assignment contract the duration of the extension. This provision also sia, without observing a competitive procedure and in applies to contracts drawn up after the entry into force derogation of any other provision, the execution of the of article 17 of Law 3887/2010 and until the entry into itineraries to the owner of another ship, which meets force of this article and which have not been terminated the conditions provided for by law, for hire. The duration in any way until then. of the contract in this case is defined at the latest until the start of the execution of routes with regular (on- Article 222 time or late) routing, otherwise until the conclusion of Full release of cruise ships an exclusive service contract for the route line and, in Articles 1 to 4 of Law 3872/2010 (Aÿ 148) replace the event that such a contract is not concluded, until they stand as follows: the notice of less- "Article 1 tender, in which case the provision of paragraph 9 Conditions applies. The rent payable is that of the original contract 1. The right to operate ships granted, in accordance concluded after the with article 165 par. 3 letter b of the Public Maritime of the competition, while in other cases it is defined Law Code which was sanctioned with the article only after the agreement of the S.A.S. Its provisions of the n.d. 187/1973 (A' 261), on ships with Machine Translated by Google 2380 GOVERNMENT GAZETTE (ISSUE ONE) Community flag and the flag of the countries of the referred to in the existing legislation and in particular European Economic Area (EEA), is henceforth also articles 42, 44, 45, 157 and 180 of the Code of Public provided to ships with the flag of third countries, provided Maritime Law." that the ships, which carry out the voyages, have a carrying Article 223 capacity of more than 49 passengers and carry out round Petroleum supplies trip, between the Greek port of departure and Greek or foreign ports, with the sole purpose of maritime recreation of the Shipping Service and sightseeing of the passengers, against a single ticket In par. 7 of article 1 of Law 2286/1995 (A' 19), as added (fare) and on the condition that the port of final by par. 7 of article 8 of Law 2741/ 1999 (A' 199), a third disembarkation of the passengers is the port of departure. paragraph is added as follows: The duration of the trip is at least forty- eight (48) hours. "The process of selecting suppliers for the pre- Also, this right is granted to commercial pleasure boats, supply of petroleum products and invoice verification for which have a transport capacity of at least 49 passengers. the regularity of their price, of the floating means of the Shipping Service of the General Secretariat of Ports and Port Policy of the Ministry of 2. The derogations provided for in articles 2 and 3 of of Development, Competitiveness and Shipping, is carried the p.d. 122/1995 (Aÿ 75) from the defined restrictions out by the competent Directorate of Procurement and on sightseeing trips, as well as the safety conditions, Building Facilities of the General Secretariat of Shipping provided for in p.d. 23/1999 (ÿÿ17), as each time they of the same Ministry. These tenders are conducted in apply, are applied anew accordance with the provisions of articles 40 to 42 of the reason also for ships with the flag of third countries, which p.d. 173/1990 (A' 62) and of Law 2286/1995 (A' 19)." carry out cruises in accordance with paragraph 1. Article 224 3. The ship-owning company or the operating company Control Branch opening hours ships the ships referred to in paragraph 1 is responsible Commercial Ships for the collection and payment of the fee provided for in paragraph 2B of article 6 of Law 2399/1996 (ÿÿ90). 1. For the needs of the Services of the Inspectorate Branch of Commercial Ships, which operates in twenty- on a six-hour basis, special working hours of the employee Article 2 in the above-mentioned Civilian Personnel Services of the Crew General Secretariat of Shipping are determined. 1. For those crew members who are insured in N.A.T. 2. By decision of the Minister of Development, Antagoniÿ according to the Greek Legislation, the company of article sity and Shipping matters of the hour are regulated 1 enjoys the privileges of the regulation of article 24 of Law rio, the prisons and the leave of the personnel of the 3409/2005, as amended and in force. The regulation of previous paragraph, as well as any other necessary detail. this paragraph also applies to ships with the Community For matters of compensation for night work and for work flag and the flag of countries of the European Economic on Saturdays, Sundays and public holidays of the staff in Area (EEA). question, the current regulations apply 2. The employment of foreign sailors on the ship is classes. regulated exclusively by the applicable provisions of the Article 225 ship's flag, as well as by the collective and/or individual Education of A.E.N. students labor contracts, which are regulated by the law of the and on non-Greek ships ship's flag and the seamen's country of origin. The case b of par. 3 of article 20 of n. 3. Foreign seafarers, who are employed on board, are 2638/1998 (Aÿ 204), is replaced as follows: not burdened with contributions to the NAT or any other "Students of the Embo- Academies Greek Insurance Fund and do not acquire the right to Naval Officers (AEN), first and second maritime training insurance coverage or other benefits from these Funds. period who do not find vacancies of instruction for the execution of the practical training on 4. The ship-owning company or the operating company ships with a Greek flag or on ships with a foreign flag the ships referred to in paragraph 1 of article 1 are not contracted with the Naval Defense Fund (NAT), may be burdened with contributions to any embarked on ships with the flag of a member state of the any Greek Insurance Fund nor any other form of insurance European Union or the flag of a third country, not contracted or social charge for the use of foreign sailors. with the NAT , provided that at least ÿ to a Greek Merchant Navy officer (E.N.) of the Article 3 corresponding specialty. In the event that there is no Greek Penalties Merchant Navy Officer serving on the above ships, it is Violators of the provisions of this law , as well as the exceptionally permitted to provisions of the legislation applicable to the operation of calculation as long as the communication of the spuÿ is ensured cruise ships, shall be imposed by the competent Port with the Merchant Marine officer in charge of training in Authority, the sanctions provided for the English language. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2381 By decision of the Minister of Development, Antagonistiÿ "3. "Professional Activities": are work and Shipping, which is issued every educational es: a) preparation of the electrical and mechanical studies period, determine the chartering of the students of an installation, b) supervision of the execution of said operators, in order to ensure conditions of work, training, studies, c) implementation of the installation, d) supervision payment of allowance and insurance similar to those and control of the proper operation of the installation, e) its applicable to trainees on ships with the Greek flag." surveillance, repair and maintenance , f) operation of facility equipment, g) provision of technical services and h) carrying out expert opinions on facilities." Article 226 Deadline extension 3. A paragraph is added to Article 2 of Law 3982/2011 For works referred to in paragraph 1 of article 14 of Law graph 5 as follows: 2971/2001 (A' 187) and which have been carried out until "5. Professional Activity Level": is the level that the publication of this law without or in excess of a permit, characterizes the requirements for the exercise of the from the State, N.P.D.D . and OTA, according to paragraphs professional activities of the 9 and 10 of article 27 of the same law, the application for of falls aÿ, bÿ, dÿ and hÿ of paragraph 3 of article 2 in the issuance of a relevant license can be submitted until a facility and is determined by the type, extent, 31.12.2013, as long as the pre- technological level and complexity provisions of this paragraph for its publication. those of the professional activity in question. The Level of Professional Activity is specified Article 227 meets the requirements of professional qualifications for Replacement of paragraph 9 of article 14 the performance of the above professional activities. The of Law 2971/2001 differentiation of said requirements determines the number Paragraph 8 of article 14 of Law 2971/2001, as it was of levels of activity in a company renumbered in paragraph 9 with paragraph 7 of specified facility. The Level of Professional Activity is an Article 14 of Law 4002/2011 is replaced as follows: integer, which lamÿ "Cleaning-rehabilitation works of functional vessels takes the values: 1, 2, 3 and 4, where the number 1 as foreseen by the construction study of the port facilities corresponds to the level with the highest requirements.' that become necessary due to alluvium resulting from 4. Case a' of paragraph 1 of article 3 of Law 3982/2011 losses of loading and unloading material but also other is replaced as follows: causes such as accumulation of transported materials, "Categories concerning the preparation of electro- sedimentation, etc., which are due to acts of God or logical and engineering studies of facilities, the develop through natural supervision of the execution of said studies, the implementation processes, are allowed by decision of the General Secretary of the facilities, the supervision and control of the good of Ports and Port Policy of the Ministry of operation of the facilities, their supervision, repair and of Development, Competitiveness and Shipping which is maintenance, the handling of their equipment and issued upon request of the interested party. In order to expertise on facilities. The above installations concern: start the work, a police permit is required from the aa) installations competent port authority of the region in industries and crafts, bb) mineral and ore extraction of course. The relevant license will also specify the method of disposal facilities, cc) facilities of the material to be recovered from cleaning the seabed. extraction of crude oil and natural gas, Permits for the construction and use of port works that dd) electricity , natural gas and steam production and have been granted are also valid for all the above uses." distribution facilities, ee) electrical or mechanical building service facilities i.e. electrical networks and related installations, plumbing, PART SIX refrigeration installations, installations for burning liquid OTHER PROVISIONS and gaseous fuels, as well as boilers of all kinds, fff) other electrical installations Article 228 stops, gg) non-fixed machinery and equipment, h) collection, Amendment of technical provisions processing and supply facilities occupations and manufacturing activities water supply, i) sewage treatment facilities, 1. Article 1 of Law 3982/2011 (ÿÿ143) is replaced as (ii) facilities for the collection, treatment and disposal of follows: waste, waste and recovery of materials and k) facilities for "The purpose of articles 1 to 16 is to establish the storage of hazardous materials, as well as facilities for establishing the necessary terms and conditions for freezing or preserving the exercise of specific professional activities passion products." of those referred to in article 3, as well as the requirements, 5. After article 4 of Law 3982/2011, a para is added which are linked to the exercise of said activities and which 4A as follows: concern the establishment, expansion, operation and control of the facilities, on which the above professional "Article 4A activities are carried out. » Requirements for establishment, expansion, operation for and facility control 2. Paragraph 3 of article 2 of Law 3982/2011 replaces 1. For the establishment, expansion, operation and it reads as follows: control of the facilities, referred to in Machine Translated by Google 2382 GOVERNMENT GAZETTE (ISSUE ONE) case a' of paragraph 1 of article 3 2. With the issuance of the presidential decrees referred depending on the level of professional activity as the case to in paragraph 2 of article 4A , the provisions of the current may be or the requirements for issuing an installation or legislation are repealed, including the presidential decrees operation permit, in accordance with the provisions of and ministerial decisions issued under the authority of Law article 19, the preparation of electro- 6422/1934, which regulate disputes logical and engineering studies of an installation in particular, the supervision of the execution of said retically the matters of licensing of the professional activities studies, the supervision and control of the proper operation of cases a', b', d' and h' of paragraph 3 of article 2, as far of the said facility and expert opinions on facilities. as these matters, with the exception of case a' of article 1 of 2. By presidential decrees issued in advance Law 6422/1934 which remains in force." position of the Minister of Development, Competitiveness 7. Paragraph 14 of article 17 of Law 3982/2011 replaces and Shipping and of the relevant Ministers: it reads as follows: "14. Licensing Authority: The Directorate of a) The above facilities are classified and defined Development of the relevant Regional Unit in corresponding levels of professional activities accordance with Law 3852/2010 (A' 87) and p.d. 78/2006 (A' 80), the Diÿ rity. Directorate of Development and Coordination of the b) Elaboration requirements are defined Ministry of Development, Competitiveness and Shipping ctrological and engineering studies of an installation according to n.d. 96/1973 (Aÿ 172), the Directorate of of state, supervision of the execution of said meÿ Petroleum Facilities, according to p.d. 381/1989 (ÿÿ168), smooth operations, supervision and control of the good the local Chambers responsible for manufacturing and operation for each installation and expert opinions on related activities and their associations installations. according to Law 2081/1992 (A' 154), as well as the c) The required professional qualifications are defined Technical Chamber of Greece in accordance with the presidential battalion of 27.11/14.12.1926 (A' 430)." said to have the natural persons, for the exercise of the professional activities mentioned in the above case b'. 8. Paragraphs 3, 4, 5 of article 24 of Law 3982/2011 are replaced as follows: "3. The Directorate of Development and Coordination of the d) The competent bodies of the regions are determined of the Industry Secretariat, the Installation Division in accordance with paragraph 1 of article 5, the process of Petroleum Products of the General Secretariat of Energy and the supporting documents required for the granting, and Climate Change, the Directorate for renewal or extension of the license to exercise the of the Regional Unity, the Chambers and the Technical professional activities referred to in the above case b), as Chamber of Greece are required to have an electronic well as for the exercise of said activities, when the interface and a mandatory operation objectively ascertained prerequisites are met for an integrated information system, in the framework of which the submission of applications is done in electronic positions. form, their electronic circulation between the competent e) The assignment of existing licenses is determined services and their final processing and a complete license stand at the time of the issuance of this law and which file is kept. concern the exercise of professional activities 4. The General Secretariat of Industry, the General Secretary of confirmations mentioned in the above case Department of Energy and Climate Change and all the point b, with the professional licenses or announcement reception centers of the application of paragraph 1 sub- certificates, issued in accordance with this law. required to operate a website, in order to provide businessmen with detailed information about all procedures, f) The objectively verified conditions, which are referred the required supporting documents to in paragraph 11 of article 5, as well as their required as well as the administrative acts and opinions required for specialization on a case-by-case basis. the licensing of manufacturing and related activities. g) Any other relevant matter." 5. By joint decision of the Ministers of the Interior and 6. Article 16 of Law 3982/2011 is replaced as follows: Development, Competitiveness and Shipping determine the specifications that must be met by the selected Citizen "Article 16 Service Centers, their mode of operation, the mode of operation of the entire Repealed provisions integrated information system to which the Directorate of 1. With the issuance of the presidential decrees referred Development and Coordination of the General Secretariat to in paragraph 4 of article 4 and paragraph 3 of article 13, of Industry, the Directorate of Petroleum Facilities of the the provisions of the current legislation, including the above General Secretariat of Energy, the Development Directorates of the Regional Units, the Chambers and the presidential decrees and ministerial decisions issued under Technical the authority of Law 6422/1934 (ÿÿ 412), which regulate the Chamber of Greece and the way of processing licensing issues differently applications within it." of the professional activities of the periÿ 9. The last paragraph of paragraph 1 of article 29 of Law of paragraphs c', e', f' and g' of paragraph 3 of article 2, as 3982/2011 is repealed and paragraph 7 of the same article far as these matters are concerned. is replaced as follows: Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2383 "7. The above fines are a resource of the relevant 2. Breweries are allowed to produce and sell Region or the Ministry of Development, Antagoni consumption of non-alcoholic beverages, as well as emfiÿ and Shipping, or the Ministry of the Environment consumption of water for human consumption, if available lonto, Energy and Climate Change, respectively the appropriate facilities and equipment so that each activity case, and are collected in accordance with the provisions of maintains its autonomy. By way of derogation, a common line the Public Revenue Collection Code (K.E.D.E.)." may be used for bottling, under the conditions that: a) the 10. A paragraph is added to Article 29 of Law 3982/2011 products to be bottled are in their final form and b) the use of paragraph 9 as follows: the common line for bottling beer, beer products, free al- "9. When the Licensing Authority is the Directorate of Development and Coordination of the Ministry of Development, Competitiveness and Shipping or the Construction Directorate of cool drinks and water, it is done at a different time. These of Oil Products of the Ministry of the Environment works are also allowed to be carried out in the cases of of Energy and Climate Change, the acts of this article are factories that are operating issued by the relevant Minister." with the status of tax warehouses of Law 2960/2001 and the 11. The decisions granting installation and operation permits produced alcohol-free products to be co-stored within them. that have been issued by the bodies of the Central Administration of the Ministry of Environment, Energy and Article 230 Climate Change, during the period from 17.6.2011 until the Topics of "National Accreditation System (ESYD) S.A." entry into force of the and of the subsidiary companies under liquidation of the of the law, they are deemed to have been issued validly". "National Organization of Small and Medium-sized Enterprise 12. In paragraph 1 of article 43 of Law 3982/2011 before of Business and Handicrafts (E.O.M.M.E.X.) S.A." case i is set as follows: "i) Agricultural activities, especially through greenhouse 1. Subparagraphs a, b, c and d of paragraph 2 of article 16 crops, as well as supporting or assisting their operation, when of Law 3066/2002 (ÿÿ 252), replace the para- are as follows: their products are processed within the Business Park by "a) The Board of Directors consists of five (5) members, activities that fall under the second part of this law." who are appointed by a joint decision of the Undersecretaries of Finance and Development, Competitiveness and Shipping 13. Before paragraph 1 of article 64 of Law 3982/2011 , the and which are the following: phrase is added: "From the entry into force of the (1) The President, who is also the President of the National by law are repealed:'. Accreditation Council. 14. A new one is added to article 52 of Law 3982/2011 (2) The Chief Executive Officer. paragraph 11 as follows: (3) A representative of the Biomi General Secretariat "11. The contribution in money of the property owners Chania of the Ministry of Development, Competitiveness and Shipping. located within the borders of the Business Park in accordance with according to the provisions of this law within the Region of (4) A representative of the Association of Businesses and Attica it is calculated on the area of the property, as it is Industries, experienced in the relevant activities formed by the implementation deed and amounts to ten firmness of the company matters. percent (10%) of its value at the time of the approval of the (5) A representative of the Hellenic International Union implementation deed. The rest of the terms apply set up Inspection - Certification Bodies or a representative of the Hellenic Union of Laboratories, who are appointed living in this article." alternately in each term. 15. The second paragraph of paragraph 3 of article 56 of b) The members of the Board of Directors appointed for a Law 3982/2011 is replaced as follows: five-year term, renewable. The Board of Directors consists of "By decision of the Ministers of Finance and Development executive, non-executive and non-executive , Competitiveness and Shipping , the relevant procedure, dependent non-executive members. The provisions of article terms and conditions of agreement are specified 3 paragraph 1 and article 4 paragraphs 1 and 2 of Law share in it, the method of determination and money 3016/2002 (ÿÿ110) apply accordingly. The Vice-President awarding the project and any other relevant issue". and Secretary of the Board of Directors appointed by the Board of Directors at its first meeting. A member of the Board Article 229 of Directors is designated as Secretary. or employee or legal Modernization of professional laboratories – counsel of the company. brewery operations c) The President, the Managing Director and the members 1. At the end of paragraph 3 of article 16 of Law 3325/2005 of the Board of Directors of the company must be graduates (A' 68), case d' is added as follows: of a Higher Educational Institution of the country or its "(d) For the professional laboratories and units regardless equivalent abroad, have documented experience in matters of the degree of nuisance that are installed of accreditation or within Organized Receptors of Manufacturing and Business ity or laboratory testing or certification and have a very good Activities, as defined in par. 4 of article 41 of Law 3982/2011 command of the English or French or German language. The (ÿÿ143), allows status of President and CEO shall be modernized in accordance with the more specific responsible advisor may coincide with the same person. In conditions for determining the Receiver without any other case of identification of the two properties in the same person, limitation." fifth member in the Board of Directors Machine Translated by Google 2384 GOVERNMENT GAZETTE (ISSUE ONE) The company's board is an elected employee representative. store in terms of its distribution of intermediate bakery products (bake off). d) The compensation of the President, the Vice-President, Article 232 the Managing Director, the executive members Limitation of obligations S.A. and Ltd. of the Board of Directors is determined by a decision of the to publish acts and data Interministerial Committee of Public Enterprises and Organizations in accordance with par. 10 of article 3 of Law 1. Where in Mr. 2190/1920 and in Law 3190/1955 before 3429/2005 (ÿÿ314)." publication is seen in other printed media, except for the 2. At the end of paragraph 5 of article 16 of Law 4038/ Official Gazette/TAE-EPE and G.E.MH., this may replace 2012 (Aÿ 14) new paragraphs are added as follows: is established by posting the published acts and information "The liquidators may be natural or legal persons and are not on the company's website, as long as this address is registered criminally prosecuted, are not subject to personal detention, in the Company's Division. For the posting of the above acts nor are they subject to any civil or other individual liability for and data on the company's website inform the debts of the companies under liquidation to the State, or the Societies the relevant Registry is immediately contacted. Deadlines of Insurance, regardless of the time of their attestation ." linked to publication in other print media than the Official Gazette/TAE-EPE and G.E.MH. they are considered to start 3. Paragraph 14 of article 16 of Law 4038/2011 replaces or end from the day the company announced to the relevant it reads as follows: register the posting on the website. "By decision of the Minister of Development, Antagoniÿ 2. If the company does not maintain a website or does not have a and Shipping, every necessary detail and procedure can be allocates it to its Share, the publications of the previous regulated for carrying out the liquidations, the fees of the paragraph are carried out, apart from FEK/TAE-EPE and liquidators, the coverage of the narrow operational costs of GEMH, and in a daily financial newspaper of nationwide the liquidators circulation. charges in case they are not covered by the liquidation Article 233 proceeds and any other relevant issue for the implementation Regulation of Competition Commission issues of this article. The Minister of Finance also agrees to the (n. 3959/2011) and the National Council decision provided for in the previous paragraph, as long as an Competitiveness (Law 3912/2011) expense is incurred at the expense of the State Budget." 1. Paragraph 5 of Article 39 of Law 3959/2011 (A' 93) is replaced as follows: Article 231 "5. Without prejudice to the criminal sanctions provided for Modification of provisions for installation in article 44, it is imposed by a decision of the Competition end of cooking (law 3526/2007) Commission on businesses, business associations or those Paragraph 1 of Article 5 of Law 3526/2007 (ÿÿ24), as who amended by Article 15 of Law 3853/2010, against in any way obstruct or make difficult the investigations of becomes as follows: paragraphs 1, 2 and 3, as well as to the enterprises, "1. The finish cooking facility can deÿ associations of enterprises or those who refuse to submit to it is either a self-contained and independent store or part of a said investigations, to show the requested books, data and mixed food store or food supermarket, separated, in this case, other documents and to grant copies or extracts them, a fine by a permanent structure. If this establishment is part of a of at least fifteen (15,000) euros with a maximum limit of 1% mixed food store or food hypermarket, it may be located inside of the turnover of the previous year, as calculated according or outside the to article 10 to each of the persons and for each violation. When calculating the fine, the seriousness of the case under store or the food supermarket as a self-contained and consideration, the disrespect of the actions and their impact independent space. on the outcome of the investigation are taken into account. The area of the final firing facility includes: storage space for intermediate products of bakery products, preparation area for these products for baking, tempering area, reheating area 2. A paragraph is added to Article 44 of Law 3959/2011 storage of intermediate bakery products, after baking, at paragraph 7 as follows: ambient temperature and packaging area. The above spaces "7. With imprisonment of at least six (6) months punishableÿ are not allowed to be apartments or basement spaces. are: a) Anyone who obstructs or causes difficulties with anyone If the finish firing installation is self- in the manner of conducting investigations for the complete and independent store, it is required to have a implementation of the provisions of this law by the competent changing room and toilet, with its vestibule and the employees' bodies according to article 39, in particular by interposing bathroom, with the surface and the specifications defined, for obstacles or concealing information. each case, by the provisions of the Building Regulations and b) Anyone who refuses or makes it difficult to provide the the written sanitary provisions. By decision of the Minister of information according to article 38. Development, Competitiveness and Shipping c) Whoever, in violation of the provisions of articles 38 and 39, knowingly provides false information or conceals let matters of information to the public be regulated by the information. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2385 d) Whoever refuses, even though he has been summoned it turns out that the conditions of the anÿ for this purpose by a person authorized in accordance with call". paragraphs 1, 2 and 3 of article 39, an employee of the 5. At the end of paragraph 3 of article 103 of Law Competition Commission or another body responsible for 3588/2007, as the said article was replaced by Article 12 of control, to make a sworn or non-judicial statement before Law 4013/2011, the following paragraph is added him, in accordance with with the provisions of case c' of son: paragraph 1 of article 39, as well as whoever, during his "The court may order that necessary jobs be maintained testimony, knowingly submits false information or denies or until the reorganization plan is approved or rejected." conceals true information." 3. Paragraph 4 of article 50 of Law 3959/2011 replaces 6. Paragraph 5 of Article 103 of Law 3588/2007, as the reads as follows: said Article was added by Article 12 of Law 4013/2011 , is "4. By decision of the Ministers of Finance and replaced as follows: of Development, Competitiveness and Shipping, which ed "5. In the preventive measures of the previous paragraphs until July 1, 2012, up to 80% of the accumulated surplus of Exceptions may be made, if there is an important social the Anti- reason, such as, for example, text to pay to a creditor sums necessary for the maintenance competition, according to the available on December 31st of him or his family or for the satisfaction of maintenance 2011. For the calculation of the surplus, the amount entered requirements of other persons. Workers' claims for wages in the Commission's budget code for the purchase of a are not covered by the preventive measures, unless the building is not taken into account. court extends the suspension of the paragraph fou 1 and to these requirements for an important reason Article 234 and for a certain time specifically referred to in the decision." Amendments to articles 99 et seq. of the Bankruptcy Code 7. In article 103 of Law 3588/2007, as this article was 1. At the end of paragraph 1 of article 99 of Law 3588/2007 replaced by Article 12 of Law 4013/2011 , a new paragraph (A' 153), as the said article was replaced by Article 12 of 7 is added as follows: Law 4013/2011 (A' 204), the following paragraph is added: "7. Preventive measures ordered in accordance with this article or any temporary order issued by "A new reorganization procedure for the same debtor is given cease to be valid after two (2) months from the not permitted if five years have not passed since the opening of the resolution procedure in accordance with ratification of a previous reorganization agreement, unless article 101". it is an agreement ratified according to article 106b." 8. The period of six (6) months referred to in item h of paragraph 1 of article 106e of Law 3588/2007, which was 2. At the end of paragraph 6 of article 100 of law added by Article 12 of Law 4013/2011, is amended to a 3588/2007, as the said article was replaced by article 12 of period of three (3) ÿ law 4013/2011, the following paragraph is added: "At the no. discussion may be present and heard and employee 9. In paragraph 1 of article 106e of Law 3588/2007, which representative". was added by Article 12 of Law 4013/2011, element i is 3. Paragraph 1 of Article 101 of Law 3588/2007, as the added as follows: said Article was added by Article 12 of Law 4013/2011 , is "i. The payment of additional amounts to ex- replaced as follows: payment of claims in case of environmental improvement "1. The bankruptcy court, if it foresees that the agreement legal position of the debtor. The agreement should precisely is possible, that there are reasonable expectations of define the conditions for the payment of these amounts". success of the proposed ex- consolidation and that the collective capacity is not impaired 10. Paragraph 3 of Article 106e of Law 3588/2007, added of the creditors, as defined in article 99 par. 2, decides the by Article 12 of Law 4013/2011, replaced opening of the liquidation procedure it reads as follows: for a period of no longer than two (2) months from the "3. Failure to comply with the consolidation agreement by issuance of the decision and, if applicable, appoints a the debtor may be set as a severance clause of the mediator, in accordance with article 102. The president of consolidation agreement or as a reason for its termination. the bankruptcy court may , by act of his own, following the For the rest, the rights that every creditor has under common request of the debtor, mediator or creditor to extend this law apply in cases of non-fulfillment of the debtor's period for one (1) more month". obligations assumed or formed by the agreement, as well as late or defective fulfillment 4. After the first paragraph of par. 5 of article 102 of Law 3588/2007, as the said article replaces including the rights of termination or withdrawal". stood with article 12 of Law 4013/2011, the following paragraph is added: 11. In article 106f of Law 3588/2007, which protects "The previous paragraph can be applied again amended by Article 12 of Law 4013/2011, a new paragraph logically and after a creditor's request, if there is no mediator 6 is added: or the existing mediator does not proceed "6. For the discussion of the application, a trial is set within is in relevant information of the court, although two months from its submission". Machine Translated by Google 2386 GOVERNMENT GAZETTE (ISSUE ONE) 12. Article 106 of Law 3588/2007, as the said article was which govern them: aa) The Office of the Legal Adviser and added by Article 12 of Law 4013/2011, is amended as follows: bv) The Office of the Auditor General. d) The expenses of the General Secretariat of Consumers a) Paragraph 3 of article 106h is replaced as follows: are controlled, cleared and authorized by the Financial Control Service that serves the General Secretariat of Trade "3. By ratifying the agreement: of the Ministry of Development (a) The prohibition or impediment to issuing checks that xi, Competitiveness and Shipping. was imposed on the debtor before the start of the e) The General Secretariat of the Consumer becomes dÿ reorganization process is automatically lifted. and owner of the actions of the Ministry of Development, (b) Criminal prosecution of misdemeanors is suspended Competitiveness and Shipping in the field of protection of the issuance of a covered check and those provided for in of the consumer and exercises the responsibilities of the article 25 of Law 1882/1990 (A' 43), as well as the delay in Ministry of Development, Competitiveness and Navy payment of debts to the insurance funds, as long as the tilias as a beneficiary of actions in this field, within the above operations have been carried out before the submission framework of the National Strategic Reference Framework of the application according to the article 100. Suspension is (NSRF) within the meaning of paragraph 5 of article 1 of Law not subject to time 3614/2007. From 1.6.2012 the General Secretariat for limitation of paragraph 3 of article 113 of the Criminal Code Consumers is substituted for the rights and obligations arising and is valid for as long as the fulfillment of the obligations is from the implementation of actions of the General Secretariat expected to last for Consumers for which the Special Service for the obligations of the debtor arising from the reorganization Implementation of Co-financed Activities has been designated agreement and subject to timely payment as a beneficiary in any way by the European Social Fund of of the agreed upon. the Ministry of Labor and Social Security . (c) A new paragraph 4 is added, which reads as follows: f) In par. 2 of article 1 of Law 3297/2004 (A' 259), as "4. In case of complete and on-time surprise amended and in force with par. 2 of article 16 of Law discharge of the debtor's obligations arising from the 4013/2011 (A' 204), the phrase "from Minister of Labor and reorganization agreement, the criminality of the acts referred Social Security" deputy to in paragraph 3 hereof is eliminated." it is created by the phrase "by the Minister of Development, Competitiveness and Shipping". (d) Paragraph 4 is renumbered as paragraph 5. 13. The provisions of the sixth chapter of the Bankruptcy Article 236 Code, as amended by this law, also apply to reorganization Administrative sanctions for market violations procedures that have already begun at the time of its 1. Article 3 of Law 3668/2008 (Aÿ 115) is replaced as implementation. follows: The two (2) month period of paragraph 1 of article 101 of "Article 3 this Code, as this paragraph is replaced by this law, does not complete Penalty procedure before the expiration of one (1) month from the entry into 1. Fines of up to three thousand (3,000) euros provided for force of this law, unless the four (4) month period stipulated in articles 1 and 2 of this law on by the replaced paragraph 1 is completed earlier. are imposed by the competent auditing bodies when the violation is established. 2. If the fines of the previous paragraph exceed the amount Article 235 of three thousand (3,000) euros, they are imposed by a Transfer of the General Consumer Secretariat decision of the Director of the service in the Ministry of Development, Competitiveness sia to which the audit bodies that found the violation belong. and Shipping The control bodies subÿ From 1.6.2012: they are required to submit, within five (5) working days from a) All responsibilities, positions and personnel the date of ascertaining that the violation has been committed, of the General Secretariat of the Consumer (p.d. 197/1997, the relevant reports to the bodies responsible for imposing Aÿ 156, in conjunction with article 2 p.d. 185/2009), which the fine. The decision to impose a fine is issued within a was transferred to the Ministry of Labor and Social Security period of ten (10) days from the submission of the relevant in accordance with sub-case bb of the report and is communicated to the offender without delay. of paragraph c1 of paragraph 1 of article 2 of Law No. 96/2010 (A' 170), is transferred to the Ministry of Development, 3. Administrative fines are imposed regardless of any Competitiveness and Shipping. criminal prosecution." b) Where in article 9 of Law 3892/2010 (Aÿ 189), re 2. Article 8 of Law 3668/2008 is replaced as follows: the Ministry of Labor and Social Security reports lisis, henceforth means the Ministry of Development, Counter "Article 8 competitiveness and Shipping. c) The General Secretariat for Consumers is supported in Administrative and Judicial Review of decisions its work by the following services of the General Secretariat imposition of a fine Department of Trade of the Ministry of Development, Antago- 1. The decision to impose an administrative fine for nistency and Shipping, in accordance with the provisions violations of articles 1 and 2 of this law Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2387 is subject to an appeal within a period of thirty (30) 4. The amounts of the fines of paragraph 1 eÿ days from the day of its notification. are carried out in accordance with the provisions of the 2. The adversarial appeal is filed before the General Court K.E.D.E. ( n.d. 356/1974, A' 90) and may be adjusted by joint of the Secretary of Decentralized Administration in the region decision of the Ministers of Finance and Development district in which the violation was found, as long as the finding xi, Competitiveness and Shipping". was made by an audit body of the central or decentralized 4. In Law 3728/2008 (Aÿ 258) the following amendments Administration. The body that imposed the fine must forward are made: relevant information to the competent General Secretary of a) After the first paragraph of paragraph 2 of article 9 of Decentralized Administration Law 3728/2008, a paragraph is added as follows: "Especially within a period of fifteen (15) days from the filing of the for case i, the competence of the appeal. The decision on the appeal is issued within forty-five of Controls for the imposition of fines is subject to the (45) days respective competence of the from its exercise. Directorate of Costing and Market Research in accordance 3. If the violation was established by an audit body of the with the second paragraph of paragraph 2 of article 10 of this Region or an entity supervised by it, the appeal shall be filed law". before the Region b) After the first paragraph of paragraph 2 of article 10 of reiarch in the Region in which the violation was found. The Law 3728/2008, a paragraph is added as follows: "In addition , decision of the competent Regional Governor on the appeal it is competent to impose fines, according to is issued within a period of forty- five (45) days from the filing item i, for violation of provisions which, according to the of the appeal, following the opinion of the competent Regional existing legislation, it is competent to control". Office of Commerce. Article 237 4. The Committee of the previous paragraph agrees Merger of joint-stock companies O.K.A.A. S.A. is held and formulates its opinion mandatorily within thirty with ET.AN.AL. S.A. (30) days of the filing of the appeal and after having previously 1. The joint-stock company with the name "Company Anaÿ invited in writing, at least five (5) working days before its Fishing folding - ET.AN.AL. Anonymous Commercial and Business meeting , the interested party to present his views. If the engineering" with Registration number A.E. 1016/01NT/B/ Commission does not issue its decision within the above 86/530 which is supervised by the Ministers of Competitiveness deadline, the relevant decision of the Region Development and Shipping and Rural Affairs wrapping and Food is merged with its absorption by the reiarch is issued without the opinion of the Commission. anonymous company with the name "Or- 5. The decision of the body of paragraphs 2 and 3 is subject ganism of the Central Market of Athens Anonyme to an appeal before the competent Directorate of the Court of First Instance within the deadline Company" (OKA SA) with Registration number SA 41867/06/ paragraph 1 of article 66 of the Code of Administrative B/98/45 supervised by the same Ministers. Procedure. For the admissibility of the appeal it requires 2. The merger will take place in derogation of art thrones 68ÿ79a of k.n. 2190/20 "regarding Anonymous Company". advance payment of an amount equal to 20% of the fine of" and other relevant legislation with accounting consolidation imposed each time". of assets and liabilities 3. After article 8 of Law 3668/2008 (Aÿ 115) additional Article 8a is set as follows: tic as they appear in the Transformation Balance Sheets of the merging companies dated 30.11.2011. "Article 8a 1. Without prejudice to the provisions of articles 5, paragraph 3. All assets and liabilities 1, and 7, paragraph 10, of Law 2323/1995 (ÿÿ145) to those positive, of the absorbed company, as have been found in who violate the purchase laws the book value determination report of the absorbed company classes issued in accordance with articles 1, 1a, 2 and 35 of from 31.1.2012 of the Certified Auditors-Accountants etc. the Commercial Code, in addition to the criminal sanctions Seraphim Makri and Stavrou Saloustrou, which was made provided for in paragraph 15 of article 30 of this Code, a fine according to the of one thousand (1,000) euros to thirty thousand (30,000) sections of articles 1 to 5 of Law 2166/1993 (Aÿ 137) are euros is imposed, depending on the seriousness of the consolidated with the elements of the absorbing company. violation, the general consequences caused to those harmed 4. The share capital of the absorbing company by it, the degree of culpability and the offenders' recidivism. of 33,800,000.00 euros will increase due to the merger by the amount of the absorbed company's share capital amounting to 146,500.00 euros plus 400.00 euros with the 2. Articles 3 and 8 also apply to the imposition of fines in capitalization of reserves of the absorbing company, while at the previous paragraph. the same time it will issue 3. By decision of the Minister of Development, Antagoÿ 113 new registered shares of the absorbing company, with a and Shipping, the amount of the fine imposed for each of the nominal value of 1,300.00 euros each, which will violations or the category of violations of the are distributed to the shareholder of the absorbed company so that the share capital of the absorbing company after the of paragraph 1, within the limits provided for therein, and any completion of the merger amounts to 33,946,900.00 euros, more specific matter concerning the fine may be regulated. divided into 26,113 registered shares, with a nominal value of 1,300.00 euros. Machine Translated by Google 2388 GOVERNMENT GAZETTE (ISSUE ONE) 5. The General Assembly of the absorbing company will "BB. Monitors and evaluates the collection, process meet after the publication of this law to amend the "regarding gas and publication in the Central Electronic Nonÿ capital" article 3 of the company's articles of association and of Public Contracts data from the contracting authorities and any other relevant article the competent public bodies, in accordance with the thro where required. provisions of article 11." 6. From 1.12.2011 all operations of the absorbed company 2 a. In paragraph 1 of article 4 of Law 4013/2011 above are considered to be carried out on behalf of the absorbing the third paragraph is inserted as follows: company and the amounts thereof "By decision of the Minister of Development, Antagonisti- are carried by a consolidated entry in its books. and Shipping and after a recommendation from the Proÿ 7. Ownership and any other right in rem over all the office, up to three of the regular members may be designated movable and immovable property of the absorbed company as full-time and exclusive employees, who are, for this shall, after the completion of the merger, automatically, reason, suspended without the observance of any form, deed or contract and of any salaried public function of theirs." without consideration, be transferred to the absorbing company O.K. AA S.A., subject to the current legislation on b. Paragraph 3 of article 4 of Law 4013/2011 replaced donations, inheritances and legacies, which henceforth has it reads as follows: the exclusive use and management of the "3. The appropriations for the operation of the Authority are written under the same code in the budget of the Ministry of essential elements of the repealed and merged entity of Development, Competitiveness and Navy absorbed body, but also the responsibility for the preservation tilias. Financial management issues are regulated by the and management of its file. special financial management regulation drawn up by the 8. From the publication of this law, the Authority and approved by a presidential decree issued on fossa O.K.A.A. S.A. is substituted in all the rights, obligations the proposal of the Minister of and legal relationships of the absorb financial. Until the issuance of the said presidential decree, of a company, which is dissolved without following liquidation. the payroll of the staff and the operational costs of the Authority will be borne by the credits 9. The transfer of the absorbed company ex- of the Ministry of Competitiveness and Shipping's budget resembles universal succession and the pending lawsuits and are supported by it. The Authority for its participation in are automatically continued by the absorbing company the Public Investment Program, in European or joint funds hey 10. For the merger of the above companies, apply funded programs, such as in the National Strategic Reference in terms of tax exemptions etc Framework (NSRF) 2007ÿ2013, may use facilitations, the provisions of articles 1 to 5 of Law 2166/1993. is implemented through the collective project decision (SAE) of the Ministry of Development, Competitiveness and 11. Existing real estate leases of the absorbing entity Shipping. To cover operational costs of a company are dissolved within three months from the of the Authority, in contracts subject to this law and concluded publication of this law. after its entry into force , a retention of 0.10% is imposed, 12. The purposes of the absorbed company, as derived which is calculated from article 4 of its articles of association (S.A. & E.P.E. issue 2062/7.10.2009), are assigned from the publication of it is made on the value, excluding VAT, of the original this law to the absorbing company O.K. .A.A. S.A. contract, as well as any additional contract. The amount of the state this is withheld by the contracting authority upon the first 13. With regard to the personnel of the merging companies, payment in the name and on behalf of the Authority and is the provisions of article 66 paragraph 2 of Law 4002/2011 deposited in a special bank account, which is managed by (A' 180), as well as the provisions of Article 34 paragraphs 6 the Authority in accordance with what is defined in the special and 7 of Law 4024/2011 (A ÿ 226). financial management regulation. The amounts in question fully cover the Authority's operating costs. By joint decision 14. The publicity formalities provided for by the present of the Ministers of Development, Competitiveness and the merger provisions are deemed to be fulfilled with the Navy publication of this law and the absorbed ET.AN.AL. S.A. and Finance, following a proposal from the Authority, matters deleted from the Register of S.A. relating to the time, manner and procedure of withholding the above sums of money can be regulated. The income 15. The Board of Directors of the absorbing company generated in the above way in the year 2011 can be reias is authorized by this law to proÿ transferred goes to all the necessary actions for the holoÿ and to constitute revenues of the Authority in 2012 by joint merger draw. decision of the Minister of Finance and the Minister of Development, Competitiveness and Shipping. Article 238 3. Paragraphs 4 and 5 are added to Article 5 of Law Amendment of provisions for the Public Authority 4013/2011 (Aÿ 204) as follows: of Contracts (Law 4013/2011) "4. Paragraph 9 of Article 30 of Law 2324/1995 applies 1. In article 2 of Law 4013/2011 (Aÿ 204) the accordingly for the members of the Authority regularly and again following amendment: allowances as well as for the staff of the Authority. The first paragraph of sub-case bb' of the periÿ 5. The regular and substitute members of the Authority, as item i' of paragraph 2 is replaced as follows: well as the staff of the Authority, shall not be prosecuted Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2389 are not sued for an opinion they expressed during the exercise permanent position with the same employment relationship, of of their duties, unless they acted with fraud or gross negligence the same category and of the same branch or specialty, or violated the confidentiality of information and data that came recommended by the same decision. His service in the position to their knowledge during the exercise of their duties or violated of General Director of the Authority constitutes real public service for all its consequences and is taken into account for his further as the duty of confidentiality of article 26 of the Code of Status rating and salary development as previous service in the position of Public Political Administrative Servants of head of a general directorate. of all and Employees of N.P.D.D. (law 3528/2007)." 4. In paragraph 1 of article 8 of Law 4013/2011, the f) The remuneration of the General Manager is determined case b' is abolished and case c' replaced by a joint decision of the Ministers of Finance and External Affairs it reads as follows: development, Competitiveness and Shipping. "c) Exercises disciplinary authority over the staff of the Authority." Article 239 5. A paragraph is added to Article 9 of Law 4013/2011 Central conclusion and execution of contracts paragraph 6 as follows: services from the General Secretariat of Commerce "6. a) The position of General Director is recommended to the Authority, 1. In the Department of Institutional Regulations of the who exercises the following powers: Political Procurement Directorate of the General Directorate aa) heads the services of the Authority and coordinates of State Procurement of the General Secretariat of Trade governs and directs their operation, of the Ministry of Competitiveness Development and the Navy bb) is an administrative head of staff lias transferred the competences of case e ' of article 12 of the and p.d. 138/1993 (A' 55) as added with case b' of paragraph 1 of cc) exercises the powers of the President, assigned to him by article 35 of the p.d. 346/1998 (Aÿ 230), except for the collection the latter's decision. Until the day and sending to the European Union of statistical data appointment of the General Director or if he is absent, the powers provided for in sub-cases aa) and bb) are exercised by of public service contracts, carried out by the Planning the President of the Authority. Department and elements of the same Directorate. b) Qualifications for appointment to the position of General Manager This is a post-graduate degree in a subject related to the 2. The conclusion and execution of public service contracts Authority's subject and at least five years of relevant experience. within the meaning of p.d. 60/2007 (Aÿ 64) can be, either central, With the preÿ when carried out by the Ministry of Competitiveness Development announcement for the filling of the position, which is issued by and Shipping the Authority and published in at least two daily newspapers, (General Secretariat of Commerce) or decentralized, when it is may be determined in advance carried out by any other public sector entity as defined in article complex formal and substantive qualifications. 1b of Law 2362/1995 (Aÿ 247). c) The General Manager is full and exclusive employment and is appointed for a five-year term, which can be 3. By presidential decree, issued at the proposal of renewed once by decision of the Authority. The term of office of the Ministers of Finance and Development the General Director may be interrupted and Shipping, a Service Regulation is approved leaves before its expiry for reasons related to inability or defective of the State by which the procedures for the conclusion and performance of his duties , by an act of the President, issued execution of the public service contracts of the above paragraphs after a specially reasoned decision of the Authority. are regulated and contains specific as: a) the conditions, the conditions for carrying out the tender d) Candidates for the position of General Director of process for the provision of services, the procedural actions, the they must also be civil servants or functionaries or erÿ participation criteria, b) the more specific participation conditions, working in public sector bodies, as defined in paragraph 1 of the evaluation criteria and any other condition or procedural article 1B of Law 2362/1995 (Aÿ 247). The General Manager is action until the announcement of the award or the direct selected by the Authority and appointed by decision of the assignment of the service, the responsibility of the economic President, in derogation of the provisions of the P.Y.S. 33/2006, operator (provider) after the final delivery as applicable each time. For the selection , a three-member committee is recommended to the Authority, which is set up by handle of the service, c) the guarantee payment conditions , the its decision and consists of the President of the Authority, one of type, the amount, the debtors and any other detail related to its members and one member of the A.S.E.P. ensuring the full drawing of the services, d) the deadlines, terms and e) If the General Director comes from a public sector body, conditions for exercising an unequivocal appeal after the end of his term and non-renewal , by joint decision of e) the amount of the advance payment on the contractual value, the Ministers of Administration the deadlines for rendering the account, the various payment of Reform and Electronic Governance methods and any other matter concerning the repayment of the of Finance, Development, Competitiveness and Shipping and price of the service contract, f) the deadlines for individual the relevant Minister as the case may be, returns, after the procedures, the establishment of the collective bodies submission of a relevant application, to the institution of origin participating in the conclusion and execution of the service and occupies a vacant office contracts of the individual bodies, the way of administrative winning position corresponding to the position he held in the resolution of the disputes that arise same body or, if there is no such position, he occupies Machine Translated by Google 2390 GOVERNMENT GAZETTE (ISSUE ONE) until the completion of the provision of the service, the may be further specialized by the Board of Directors. of monetary penalties (fines, forfeiture of E.T.E.AN. SA: a) the specific qualifications and b) the basis final clause or guarantee, etc., exclusion in whole or in part, degree or postgraduate degree required for each position to be etc.), any other administrative sanction to those who do not fulfill filled according to its operational needs. The case-by-case their obligations and any other issue necessary for the relation implementation of this article. Until the issuance of the above- justification is checked by the Supreme Personnel Selection mentioned Service Regulation, the p.d. shall be applied Board (ASEP). proportionally. 118/2007 (Aÿ 150) or the relevant Regulations of The selection process is conducted by a three-member committee supplies or services of bodies as the case may be. consisting of a member of ASEP, as president, and two members nominated by the Board of Directors. of ETEAN S.A., which are 4. From the Ministry of Development, Competitiveness appointed with their deputies by decision of the Minister of and Shipping (General Secretariat of Commerce), co Development, Competitiveness service contracts are drawn up and executed, the cost of which and Shipping. ASEP members are appointed by its plenary is borne by the regular budget, the special budgets attached to session. it The relevant announcement is issued by the Board of accounts and accounts, the public investment budget, as well Directors. of E.T.E.AN. S.A. and determines the number and specialties as any decentralized public contract for the provision of services of the positions to be filled, as well as the necessary qualifications within the meaning of paragraph 2, if approved, by joint decision and is published in its entirety in the Gazette of the Government (A.S.E.P. Notice Issue) and its summary in of the Ministers of Competitiveness Development and Shipping at least two Athens newspapers. The announcement is sent and the competent Minister as the case may be. The above before the public announcement authority is exercised by the Department of Medical Machinery submitting it to A.S.E.P., which must check it in terms of legality and Equipment of the Directorate of Production within ten (10) days. If the deadline of ten (10) days is not of Medical Electronic Equipment and Science fulfilled, the agreement of the A.S.E.P. is presumed. The relevant of Organs, renamed the Department of Medical Machinery, lists of successful candidates are sent to A.S.E.P. for legality Equipment and Services and the Directorate of Medical review and sanction. In the case of more successful candidates Equipment, Scientific Instruments than the announced positions, a relevant table of runners-up is and Services, respectively. drawn up, which is valid for one year from the approval of the 5. Subject to paragraph 6, with a joint fromÿ tables by the A.S.E.P. The power of the panel may last phase of the Ministers of Competitiveness Development and Shipping and the competent Undersecretary as the case may be where the opportunity is provided for the conclusion and for an additional year by decision of the Minister of Development, execution of consolidated public contracts for the provision of services Competitiveness and Shipping. Without prejudice to the of services to meet the needs of several public sector entities, provisions of PYS 33/2006 (A' 280), article 11 of law 3833/2010 as defined in article 1b of Law 2362/1995. (A' 40) and paragraphs 20 and 21 of article nine of law 4057/2012 (A' 54) , in the recruitment procedures according to 6. Except for the provisions of the above paragraphs this paragraph the OTAs are called in writing, the current special provisions on hiring persons who 7. The first paragraph of paragraph 1 of article 56 of p.d. 60/2007 (A' 64) is replaced as follows: fall into special or protected categories do not apply. "In order to make it possible to assess the results of the implementation of this, the Ministry of Competitiveness If the positions of responsibility defined by Ruleÿ Development and Navy in the event that it is not possible to cover them in the manner shall transmit to the European Commission, by defined in paragraph 3, their payment is announced by the October 31 of each year at the latest, a separate Board of Directors. of E.T.E.AN. S.A. Subject to the provisions statistical statement, drawn up in accordance with of PYS 33/2006 (A' 280), article 11 of Law 3833/2010 (A' 40) Article 57, regarding the public procurement and and paragraphs service contracts, respectively, concluded by the contracting paragraphs 20 and 21 of article nine of Law 4057/2012 (A' 54), authorities so many authorities in the previous year". recruitment is made by decision of the Board of Directors. with a 8. Paragraph 6 of Article 10 of Law 3886/2010 (Aÿ 173) is fixed-term employment contract directly in the position of replaced as follows: responsibility, following the recommendation of the Recruitment Committee "6. As the competent Ministry, within the meaning of the paragraph Board of Managers which is constituted by an advisor of of the article, means the Ministry of Infrastructure, Metaÿ A.S.E.P., appointed by its Plenary , by the President of the of Transport and Networks for public works contracts, and the Board of Directors. and the General Manager of E.T.E.AN. S.A. Ministry of Competitiveness Development and Shipping for Recruitment takes place in one of the positions recommended government procurement and service contracts." in the first paragraph. The choice of legal advisers, who cover the at least two of those recommended in the first paragraph Article 240 fio positions, is done by the Board of Directors of E.T.E.AN. Settings for E.T.E.AN. S.A. and M.O.D. S.A. S.A., after a proposal from the personnel selection committee 1. The second paragraph of par. 6 of the fifth article (with the participation as chairman of the member of the of Law 3912/2011 (A' 17) is replaced as follows: A.S.E.P.) in accordance with the provisions of article 11, "With a similar decision, the specialties and qualifications of paragraph 1 , second paragraph of Law 1649/1986 (A ÿ 149) the above positions are determined. With the announcement and the provisions of PYS 33/2006 (Aÿ 280), of article 11 of Law 3833/2010 (Aÿ Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2391 40) and paragraphs 20 and 21 of article nine of Law 3. For the review of the investment plans of paragraphs 1 4057/2012 (A' 54), following a call for expressions of interest and 2, the submission of a relevant application by the and after an interview in which Ms. interested parties is required within three (3) months from the all candidates possessing the necessary qualifications are entry into force of this law. considered. The processing of any obligations provided for 4. a. The decisions of revocation and return enÿ by the public accounting does not hinder the progress of the dissolutions, as well as decisions to comply with court process of announcing the positions." decisions, for investment projects that have been or will be 2. The third paragraph of Article 19 of Law 3429/2005 (ÿÿ subject to the provisions of Law 3299/2004 and Laws 314), which was added by Article 17 point Aÿ of Law 2601/1998 and 1892/1990, are issued and 4013/2011 (ÿÿ 204), is replaced as follows: on the opinion of the Advisory Committees of paragraph "Also, the joint-stock company with the name 15 of article 7 of Law 3299/2004. The competent an Organizational Unit for the Management of Development Minister can refer to the Advisory Committee, decisions Programs "M.O.D. S.A." and the anonymous company with on modifications, completions and the start of the name National Entrepreneurship and Development Fund productive operation of investments when he deems it S.A. (ETEAN S.A.), subject to the provisions of article 2 of necessary. Law 3899/2010, which also apply to its employees". b. For this purpose, the operation of the Advisory Committees of paragraph 15 of article 7 of Law 3299/2004 is 3. At the end of paragraph 4 of article 1 of the second extended. The aforementioned Committees, whose members article of Law 3912/2011 (ÿÿ17) before the full stop, a comma may not exceed eleven (11), are reconstituted by decision of is inserted and the phrase "which sub- the is supported by the General Secretariat of Industry". body within three months from the publication of this. Article 241 Regulation of private investment matters 5. The full deadline is extended by one (1) year (law 3299/2004) raffle of the investment projects that have been subject to the provisions of laws 2601/1998 (ÿÿ 81) and 3299/2004, 1. a. Investment plans for the production of electricity from regardless of whether the initial or solar energy submitted until 29.1.2010 to the Ministry of extension of completion deadline. The extension in question Competitiveness and Naval Development is provided in addition to that provided for in paraÿ applications, whether individually or cumulatively with one letter 5 of article 18 of Law 4013/2011, which also applies to application and completed before the publication of this law, the investment plans of Law 2601/1998. are examined in accordance with the provisions of Law 6. In the event of a lack of cash liquidity of the 3299/2004, without the condition of case a of paragraph 1 of debtor, the State may be repaid for confirmed debts Article 5 of this law, regardless to him from a refund if it is pending, is in the process of examination or negative of laws 1892/1990 (Aÿ 101), 2601/1998 (Aÿ 81), 3299/2004 decisions have been issued, due to non-fulfillment of the (Aÿ 261) and 3908/2011 (Aÿ 8), with the transfer of the condition of the above case a'. The whole subsidized or other assets of the debtor, without exchange. ration of the investment plans is documented by presenting the connection record with PPC. b. By decision of the Minister of Development, Antigoÿ The value of the transferred assets nistility and Shipping a single aid is determined which is valued, at the debtor's expense, by two terms future cost of investment plans for electricity production certified auditors - accountants or, as the case may be, by building from solar energy during their commissioning and two appraisers of the Board of Sworn Appraisers, who must completion, with criteria for the period of implementation, not have any dependence on the debtor. From this value, the their nominal power, the type of non- certified debts are paid in full, otherwise any remaining debts their technological equipment, as well as their additional are secured by other assets features. 2. For investment projects for the production of electricity by the debtor or by third-party guarantees. from solar energy that have been completed before the The transfer and assignment of the details of the paÿ publication of this law as documented by the presentation of of the article, which is exempt from any direct or indirect tax, the minutes of connection with PPC and for other investment including transfer tax, income or capital gains tax, transfer projects submitted for their inclusion in Law 3299/2004, fees as well as any other tax, without the identity timely submission of the special supporting documents all, right or contribution in favor of the State or third parties, is provided for in the relevant regulatory decisions, if the made in accordance with the written provisions. supporting documents in question were issued later The rights of notaries and paid or unpaid mortgagees and ra, but the application for their issuance was submitted to the land registers competent services before the submission of the application fees, which are limited to one fifth (1/5) of those determined for inclusion, they are examined independently if they are each time, cannot be higher than five hundred (500) euros pending, are in the process of examination or negative per discount decisions have been issued, due to the non-timely submission of the rightsand are borne by the transferor debtor. The fee of logical ones. In addition, the investment projects for which the attending lawyer, excluding the withheld contributions for the obligation to present said supporting documents was insurance and co- subsequently abolished by amending the institutional pension funds, cannot exceed one thousand five hundred framework are examined. (1,500) euros, including VAT. Machine Translated by Google 2392 GOVERNMENT GAZETTE (ISSUE ONE) By decision of the Ministers of Finance and Development fixed duration, as published in Table 1 (Table 1: Average , Competitiveness and Shipping, the method of ascertaining interest rates on new deposits and loans in euros) in the the lack of cash flow is determined official monthly press release of the Bank of Greece (Press of the debtor, the procedure for acceptance by the State of Release: Bank Interest Rates on Deposits and Loans). the transfer in lieu of payment and any other relevant matter. In these cases, the loan must have been approved by the 7. The sub-case a' of case a' of pa- financing bank or financial institution paragraph 1 of article 3 paragraph 1 case a subsection aa' blood donation organization before issuing the affiliation of Law 3908/2011 (A' 8) is amended as follows: decision, which cannot be extended for a period of time final period beyond six months from the publication of the "aa The construction, expansion, modernization of property final scoreboard. The investment plan is not re-evaluated. public, special and auxiliary facilities, as well as the costs of shaping the surrounding area. These costs cannot exceed In those cases where the body of the ex- (60%) of the total eligible costs of the investment plan. In disis decides not to take a loan to finance its the case of the new Small and Medium- implementation, he must know that in writing to the competent Service before issuing the of businesses, the above percentage is increased by 10%". affiliation decision and to update the necessary supporting documents documenting the 8. Paragraph 8 of article 5 of Law 3908/2011 as amended regret of the increased same participation. In this case, the as follows: evaluation is not changed and the agency checks the ability "The financial aid provided to each organization of the organization to cover the same participation. of the law, including aid to cooperating or affiliated companies, as these concepts are defined in the Annex to The investment loan can also be obtained in foreign Regulation (EC) No. 800/2008 of the Commission of August exchange. 6, 2008, cannot cumulatively exceed during a four-year The above definitions are applied both to Geniÿ period the limit of ten million (10,000,000) euros for an as well as in the Special regimes of 3908/2011, unless individual claim otherwise specified in the ministerial decisions promulgating them". use of all twenty million (20,000,000) euros for all cooperating 11. A paragraph is added to Article 11 of Law 3908/2011 or connected companies paragraph 8, as follows: operations and for investment projects implemented within "8. Investment plans that are submitted as part of the same Region. Especially for the category of General one of the six-monthly calls, gather and fulfill the Entrepreneurship investment projects , the aforementioned formal and essential terms and conditions of affiliation, amounts are set at double". as defined in the provisions of Law 3908/2011 9. Article 7 paragraph 3 of Law 3908/2011 as amended (Government Gazette 8/A/1.2.2011) and in is made as follows: p.d. 33/2011 (Government Gazette 83/A/14.4.2011), but nevertheless it did not fall "3. The total amount of the aid concerning the tax due to exhaustion of the relevant available resources of the exemptions of the two six-month periods period, then the right to submit to the next round of of the following year for the investment projects of article 6 submissions is given, without the obligation hereof is set up to three times the total funds of the grants provision of paragraph 2 of article 9 of Law 3908/2011, and subsidies of financial institutions defined annually regarding the payment of a sum of money (fee). The above provision is valid under the condition that the cost of the of education." investment plan does not change. In parallel with the 10. Article 8 paragraph 7 letter d' of Law 3908/2011 is preparation and publication of the final ranking table of each amended as follows: cycle, it compiles "7. Taking into account the current financial situation from the service and a list of the runner-up proposals, which status, the obligation to submit a loan approval by the hold the above right of reply investment entity during the phase of submitting the submission". investment plan proposal is suspended for a period of two 12. A paragraph is added to Article 11 of Law 3908/2011 (2) years from the publication of this in the Government paragraph 9 as follows: Gazette, a period that may be extended by decision of the "9. The deadlines for the evaluation of investments Minister Development, Competitiveness and Shipping. of plans referred to in article 4 of the p.d. 33/ 2011 "Procedure of evaluation and control of investments". In the event that a medium- to long-term loan is provided projects under Law 3908/2011" (Government Gazette 83/A/ for in the financing scheme of the investment plan and the 14.4.2011) are defined as exclusive". investment entity does not submit the relevant approval at 13. A paragraph is added to Article 11 of Law 3908/2011 the time of submission of the proposal Article 10, as follows: , the investment plan is evaluated, according to the "10. For reasons of transparency and publicity, with euÿ seen in u.a. 17299/ 20.4.2011 (ÿÿ 652/20.4.2011), with the by the General Directorate of Private Investments of the reference interest rate being the current average market Ministry of Development, Competitiveness and Shipping, interest rate during the previous month from the month of are published without delay on the website of paragraph 5 submission of the proposal. The interest rate mentioned of article 1 of the p.d. 33/2011 (Government Gazette 83/ A/ 14ÿ4ÿ2011) data on investments that have above is equal to the average interest rate for business loans without Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2393 subject to laws 3299/2004 and 3908/2011 and related The modification request is submitted by the right-holder are related to the flow of investment implementation. Sorry of the aid to the Service, through the PSKEÿ information regarding the dates of affiliation, applications Accompanied by a justification of its feasibility , as well as and audits, disbursements and completion of investments, relevant offers, preference lists, prospectus, which justify as well as dates of audits in cases of compliance with the the changes in cost. conditions of the The Service examines the request in its essence and long-term obligations". decides on its partial or total acceptance or rejection within 14. Article 12 paragraph 5, last paragraph of Law an exclusive period of one (1) month from its submission 3908/2011 is amended as follows: and receipt. "The compensations of the members of the Valuation Registries In the event that the Service accepts the modification and Auditors of articles 7 and 11 respectively of the P.D. request in whole or in part, it issues a modification of the 33/2011 (A' 83) are determined by a joint decision of the Subordination. Otherwise, it informs me Ministers of Development, Competitiveness and Shipping the investor in writing for not accepting his request and let, in accordance with the provisions in force regarding the justifying its decision. conditions and upper limits of fees in the State and they In the event of a change in the company's name or are borne by the Public Investment Program". headquarters , either during the implementation of the 15. A new article 14B is added to Law 3908/2011 as investment plan, or after the completion of the investment, follows: the beneficiary of the aid must upon prior written notification of the Service "Article 14B let. This obligation is valid for a period of up to 5 years from Conditions and procedures for modification of a physical the completion of the investment". and financial Object 16. At the end of article 6 of Law 3908/2011 add Request for modification of physical and financial counterÿ a paragraph which reads as follows: of text may be submitted once throughout the period "By Decision of the Minister of Development, Antagoniÿ implementation of the Investment Plan. sity and Shipping, the deadline for submission of The investment entity does not submit a request for payment applications for inclusion in the General Investment Plans of confirmation when changes are made to the approved may be extended." physical and economic object between categories Article 242 of actions, provided that these changes in total will not exceed 10% of the approved budget. Amendment of provisions of the National Strategy Reference Framework (E.S.P.A. – law 3614/2007) In case the modification of physical and ecoÿ 1. At the end of paragraph n' of article 2 of Law 3614/2007 legal subject causes a change that exceeds the above (A' 267) a paragraph is added as follows: "and maintains percentage, then the investment body submits a relevant an information system for the accumulation of state funds request for modification to the Service withdrawals to monitor compliance with state aid regulations'. of These requests are examined by the Service and may be 2. In case a of paragraph 3 of article 5 of Law 3614/2007, accepted under the following conditions after the phrase "Law 3156/2003" before conditions: the phrase "as well as this law" is inserted. a) not to deviate from terms and conditions 3. Paragraphs are added to Article 25 of Law 3614/2007 areas which were the subject of the evaluation and paragraphs 10, 11 and 12 as follows: grading of the investment project (e.g. innovation "10. a. In the cases of co-financed e.g costs, created jobs of similar works in the declarations must include comment), it is possible to grant an advance payment b) there is no abolition of a category of action which has according to the provisions of article 51 of Law 3669/2008 been provided for in the inclusion decision (the addition of (Aÿ116)". a new category may be b. In co-financed public contracts owner), of projects that have been announced until 15.3.2012 c) not to exceed the above limits without a provision for granting an advance payment in the of expenditure categories as defined by Law 3908/2011 announcement, the contractor may be granted an advance and the amendments from time to time payment in derogation of the provisions of paragraph 1 of of. article 51 of Law 3669/2008, which cannot exceed a rate of In order for a modification request to be made ten percent ( 10%) of the total amount of the contract It should also be ensured that: (without revisions and VAT), against an equivalent a) the original goals are still served guarantee letter. of the investment and its integrated character is preserved, 11. For co-financed projects, which are carried out as beneficiaries by the State, the N.P.D.D., the O.T.A., the co- b) the terms and conditions are still respected links or businesses of the OTAs, the non-listed public of the announcement, limited companies, c) there is no increase in the subsidized budget should be included in the amount granted by the Public budget, nor an increase in the amount of the aid amount. Investment Program (PIP) and the amount of VAT not eligible for co-financing. Machine Translated by Google 2394 GOVERNMENT GAZETTE (ISSUE ONE) This possibility is a financing condition of the operation to which the aid is paid on an exc- basis and is included in the decision to join and in the sis, animals or production and agreement of acceptance of terms. F.P.A. which paid cc) aid within the framework of Euroÿ measures said to the above beneficiaries by the P.D.E. and then offset of the National Fisheries Fund (ETA), who are not employees or refunded in accordance with the texts on VAT. provisions, harmful." is a debt to the public, which is settled after the full b) The provision of paragraph a is also applied to calls for aid that have been issued at the entry into force of this law ration and is returned by the beneficiary to the income of the and require the presentation of evidence of tax and insurance P.D.E. or offset with corresponding funds sions of the executing agency from national resources of the awareness, in order to pay the aid to the beneficiary, P.D.E. Any previous financing of the P.D.E. is subject to the as well as the relevant benefits same liquidation obligation . for amounts of non-eligible VAT summons issued hereafter. From the entry into force of this of the above bodies from the year 2011 onwards. By a joint law, any general or special provision that otherwise regulates decision of the Ministers of Finance and Development, the matters regulated by this paragraph, is repealed. Competitiveness and Shipping, the cases of application of this provision, the financing process, the method of liquidation 5. After the first paragraph of paragraph 1 of article 6 of and any related issue are regulated. Law 2527/1997 (ÿÿ 206), the following paragraphs are added: of the above decision, but the determination of the above 12. By joint decision of the Ministers of Finance, elements is made with the integration decision provided for Development, Competitiveness and Shipping and the relevant in Article 7 of Law 3614/2007 . For the research projects, Minister, part of the National and/or Community Contribution actions and programs financed by international or European credits may be allocated or own resources of the competent body or with private funds, of the NSRF to the European Commission in the context of the determination of the above elements is made by a central management, within the meaning of article 53a of decision of the minister who supervises the competent body Regulation 1605/2002 (OJ L 248 of 16.9.2002, p. 1) as that concludes the contract." amended and in force, for the creation of Guarantee Funds and/or Loans for projects that excÿ are lost in the Greek Territory." 4. a) Paragraph 3 of article 14 of Law 3614/2007 (Aÿ 267) 6. In the context of co-financed operations of the ESPA. is replaced as follows: 2007ÿ2013 which aim to strengthen and support the "3. The advance payments and interim payments of the professional career of young people, support the beneficiaries for the implementation of the operations that comp apprenticeship of young people and the acquisition of are financed by the NSRF Operational Programs, the of practical experience, the professional prosanatoÿ Fisheries Operational Program and the Rural Development and reorientation, support and guidance Program, are not confiscated, are not subject to any kind of setting of young innovation and entrepreneurship and which withholding and are not offset against any debts of the in general contribute to the intellectual, eco- beneficiary to the Greek State or the insurance funds. In this legal and social development and development of young case, the general provisions on tax and insurance information people in the sense of case a' of article 13 of Law 3896/2010 remain in force (A' 207) it is possible to grant scholarships of the beneficiaries of the co-financed operations to secondary ability to collect money, but without the condition of withholding. school students, high school diploma holders, students , graduates of A.E.I. and graduates of vocational schools, as The final payments of the above beneficiaries, after the well as researchers. The scholarships are charged exclusively completion of the project, may be confiscated, offset, withheld to the budget of the respective co-financed operation, through or returned on behalf of the beneficiary and are paid upon the resources of the ESPA Central Account. the mandatory presentation of evidence of tax and insurance awareness. By joint decision of the Ministers of Education, Lifelong The orderer of the payment when issuing the fromÿ Learning and Religious Affairs and Development, payment approval phase explicitly states that this aid falls and Shipping, the terms and conditions for granting the under the provisions of this article and whether the payment scholarships, the criteria and the selection process for the concerns an advance, interim or final payment. scholarships, the amount of the scholarships awarded and any other matter necessary for the implementation of this Beneficiaries are exempted from the obligation to present, paragraph are determined. upon payment, proof of tax and insurance awareness: 7. In co-financed internship or apprenticeship projects, apprentices and interns during the apprenticeship or internship aa) direct aid in which the aid is paid based on area, are insured at the I.K.A. for the case of an accident, due to animals or production, and special support measures of the an event that occurred during the execution of the European Agricultural Guarantee Fund (EAGF) granted apprenticeship or training and on the occasion thereof. The entirely by the European Union, insurance contributions for the insurance that preÿ bb) aid within the framework of European measures seen in the previous paragraph are set at 1% of the of the Agricultural Fund for Rural Development (EAFRD), respective assumed daily salary of the 12th insurance Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2395 list class of the I.K.A. and are borne by the beneficiary of the operating frequencies of the Networks that will be implemented co-financed project. The insurance companies are within the framework of the Project, as well as for any fees for the above insurance are charged to the budget of the subsequent upgrades or extensions thereof. relevant co-financer 3. The radio frequency bands 3670 MHz – 3700 MHz and of the act and are charged to the NSRF Central Account. The 3770 MHz – 3800 MHz are assigned to the Assignor provisions of par. 3 of article 60 of the a.n. 1846/1951 (ÿÿ 179) as an Authority for 25 years for the purpose of exclusive provision apply accordingly to the institution hosting the apprentice or electronic communications services only for the Underserved intern, for carrying out the internship or apprenticeship. areas, through the Networks. The right of use for these zones, (hereinafter “Right ma") is granted to the selected Network Manager at no Article 243 particular consideration and against the obligations he has Digital Convergence Theme Settings undertaken with the Network implementation contract, for as 1. Paragraph 2 of article 32 of Law 3492/2006 (Aÿ 210) long as he carries out the management tasks assigned to him. is replaced as follows: In order to grant the Right to the Network Administrator, no "2. Purposes of the Special Secretariat of Digital Design other administrative act is required, except for the definitive in addition to those defined in paragraph 1 of article 4 of Law and definitive assignment of the relevant management tasks 2860/2000, the wording is by the Contracting Authority. In the delegation of the relevant instructions, as well as the planning, formulation, management tasks by the Contracting Authority, the technical implementation and management of projects and actions for and operational conditions of use of the radio frequencies of all matters related to the digital strategy of the country and for the Right are defined, after the consent of EETT. the promotion of public transport and digital technologies in all areas of economic and social activity 4. The right to use the radio frequencies granted to an of the country." Administrator is automatically revoked upon the termination 2. After article 24 of Law 3431/2006 (Aÿ 13) additional of the applicable management contract for any reason . With a new article 24A is inserted as follows: a reasoned decision of the Contracting Authority it can be changed " Article 24A call of the originally granted Right and during the management Allocation and allocation of radio frequency bands period, in the event that it is established that the specific to support the public operation frequencies are not utilized, in whole or in part, for the rural broadband networks operation of the Networks and the provision of the relevant in underserved areas services. In the event of a violation of the current law of the Greek Territory 1. For the application of this article, they are understood as:provision regarding the use of radio frequencies, especially in case of causing serious interference, the Contracting Authority a. Public Rural Broadband Networks ("Networks"): Public may revoke the Right after a recommendation from EETT. In broadband electronic communications network infrastructure case of non-performance limited to the Sub-Served of the Right from the Contracting Authority to the Administrator Regions and the development of which co-finance within two (2) years from the entry into force of this, the binding provided by the European Union. and awarding of the radio b. Project: The development project of public rural broadband conditions hereunder shall cease to apply. networks implemented by specialists 5. The Right is not transferable or leased other conditions of the above regime. from the Network Administrator to third parties. c. Management: The technical, operational and commercial 6. The Right relates to the use of radio spectrum management of the Network during operation exclusively for the end user's wireless access or for of his son. the wireless access to the end user's local access d. Network Administrator: A special purpose company that equipment, installed has been entrusted with the management of the Network, in tested within an Underserved settlement. The radio spectrum accordance with the more specific conditions and the legal should be used restrictively within the Underserved areas of framework governing the Project, and its subsequent operation. Greece of the Territory, covered by the Networks, as expressly defined e. Contracting Authority: The public authority that is no by the Contracting Authority. The Right is not intended for the procedures for the assignment of the Network implementation deployment of backbone networks. In the event that Network contract, as well as any other management concession Management is assigned to more than one Administrator, who contract. perform their duties in distinct geo- f. Underserved areas: The characteristics marked as "white" areas in the relevant texts of the aid regime, geographical areas, the granting of the Right referred to in the in accordance with the more specific provisions of the EU previous paragraph is carried out to each Administrator Communication. (2009/C 235/04), as these areas are exclusively for his geographical area of responsibility. determined by Anaÿ establishing Authority. 7. EETT is responsible for the control of the technical and 2. The provisions of this article apply exclusively to the operational conditions for the implementation of the geographical assigned radio bands restriction of radio frequency usage rights Machine Translated by Google 2396 GOVERNMENT GAZETTE (ISSUE ONE) of rights granted to the Administrators, in accordance with 2. To cover the positions in paragraph 1 , permanent paragraph 3, as well as for the determination of the residents of the state where the above Services are based violations provided for by paragraph 4 hereof. With may be hired locally, provided they also know the local reference to the issues of use and supervision of the language. assigned radio frequency bands , the provisions of Law 3. For recruitment, a joint decision of the Ministers of 3431/2006 apply, in particular Article 63 thereof, as Development, Competitiveness and Shipping is required applicable from time to time. and Finance, after a recommendation from the supervisor 8. The Network Administrator is obliged to cooperate of each service. With a similar decision, is formed with the provisions of the National Regulation of the amount of remuneration of those hired and after taking Allocation of Frequency Zones and in no. 2008/411/EC into account the local working conditions. Subject to the Decision of the Commission of the European Communities provisions of PYS 33/2006 (A' 280) and article 11 of Law of 21 May 2008, as applicable. 3833/2010 (A' 40), the pro- 9. The Network Operator is not exempted from the employment is done with a private law employment obligations of any other permits and approvals provided contract of three (3) years duration, which is drawn up by for by applicable provisions." the head of each service and which can be renewed, in Article 244 compliance with the above provisions. For this renewal, Employment of cashiers prior joint approval is required phase of the Ministers of Development, Competitiveness After article 7 of n.d. 1037/1971 (Aÿ 235) added and Shipping and Finance, after a proposal by the head of Article 7a as follows: each service. For the rest, the provisions of paragraphs 3 "Article 7a and 4 of article 149 of Law 3566/2007 (A' 117) shall apply proportionally. Without prejudice to the other provisions of the in accordance with the law, retail stores are permitted to Article 246 employ a cashier and up to three cashiers for thirty minutes Issues of the Economic Chamber per hour after the end of their legal operating hours, of Greece exclusively for cash and accounting purposes, provided 1. Paragraphs 4 and 5 are added to Article 4 of Law that the store is closed and no customers are served. 1100/1980 (Aÿ 295) as follows: These employees, during the days of their above "4. The cash available of the Finance Department employment, come to work thirty minutes later than the of Greece are compulsorily deposited with interest in a standard start of their hours. In the cat- current or term account in a bank or credit institution that operates legally in Greece, which is determined by a reasoned decision of the Central Administration of the AIF with the aim of achieving safe management thereof and staff positions and working hours schedules the highest possible return". and employment of personnel submitted to the competent services, the full name of the employee, the specialty with which he is employed, as well as the dates and times of "5. The OEE can by decision of the Central Board the above employment are clearly stated. The administrative approved by a decision of the Minister of Development and criminal sanctions provided for in the current legislation xis, Competitiveness and Shipping, to proceed with the and concerning the opening hours of the stores, the purchase of real estate for the housing of its Central working hours and the submission of personnel statements Service and its Regional Departments, in accordance with and pro- the provisions of p.d. 715/1979, as applicable. The purchase price is paid from the resources of the O.O.E. or of work letters, are also applied when violated from grants coming from Community resources.' the provisions of this article are applied. 2. By decision of the Minister of Development, Antagoniÿ Article 245 and Shipping, the Code of Conduct is approved Permanent Hellenic staff issues degree in Accounting and Taxation prepared by the Central Delegation to the OECD Administration of the O.O.E. and includes the rules of 1. a) The last three paragraphs of par. 1 of article 40 of professional ethics of tax accountants and the administrative the p.d. 178/2000 are replaced as follows: "Three (3) sanctions against violators of these rules. positions with a fixed-term private law employment relationship, i.e. one (1) usher specialty position, one (1) Article 247 cleaner specialty position and one (1) specialist position Other provisions driver's license.' b) In article 43 of the p.d. 178/2000 is added paraÿ 1. Regular employees of public services, N.P.D.D., first graph 5 as follows: and second grade OTAs, N.P.I.D., enterprises of the heads "5. Three (3) staff positions with employment relationship of Laws A and B of Law 3429/2005 (A 314) and independently of private law for a certain period of time, i.e. one (1) usher of the authorities are not considered redundant staff nor specialty position, one (1) cleaner specialty position and are they assessed negatively by the mere fact of their use one (1) auto driver specialty position of secondment rights or taking legal leave. mobile phone. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2397 2. Special decentralized Fisheries Services at the them, are not approved, if they do not provide fromÿ Department level, which had been transferred to the proof from a bank, proving the Ms Ministry of Marine Affairs, Islands and Fisheries with case statement of the amounts, which correspond to the above points b of paragraph 2 of article 2 of the p.d. 127/2010 (A' 214) correct for the previous closed financial year or special and are already Services of the Ministry of Development, financial settlement with the consent of ESEE, GSEE, Competitiveness and Shipping (article 4 of the decree Associations of Industries and Exports 65/2011, A' 147), are also the following: countries or other professional organisations.' 6. The last paragraph of paragraph 6 of article 5 of Law a) the state fish hatcheries, 2081/1992 is replaced as follows: b) the Experimental Carp Farm - Artas Cattle Farm "The budgets of the Chambers, except for the part of and them that concerns the payroll of the staff c) the Laboratory of Fishing Technology and Applications of them, are not approved, if they do not provide a receipt mog. from a bank, proving the deposit of the amount 3. The Agriculture and Livestock Fund (Article 12 par. 2 corresponding to the above percentage for the previous of Law 3889/2010, Aÿ 182) continues, until the establishment closed financial year or a special financial arrangement of a corresponding body in the General Grama with the consent of the K.E.E." Department of Shipping of the Ministry of Development, Antago- of Administration and Shipping, to cover the costs and 7. In case a' of paragraph 2 of article 4 of the p.d. serve operationally the needs of all the Fisheries Services 397/1988 (A' 185) case 6 is added, as follows: that were transferred from the Ministry land of Rural Development and Food in it or subsequently "6. The care of the promotion of the institution of Private established, including the control services recommended of a Capital Company, as well as the issuance of circulars in accordance with article 206, up to the amount of and the provision of instructions to the local competent resources of the Fund derived from fisheries. services for the implementation of the relevant legislation." 4. The provisions of paragraphs 2 and 3 may also be 8. The Agreement of March 23, 2012, signed by Mrs amended by a presidential decree issued was drawn up between the Ministry of Development and Antiago according to article 20 of Law 2503/1997 (Aÿ 107). and Shipping ÿ Shipping Sector ( project owner), the union 5. The last paragraph of case a' of para named "Union of Hellenic Shipowners" (financier) and the graph 1 of article 4 of Law 2081/1992 (Aÿ 154) against company becomes as follows: reias under the name JNConstructionsÿConstruction "The budgets of the Chambers, except for the part of CompaniesÿKourakis N.ÿGlezos G.ÿPlotos P. O.E. them that concerns the payroll of the staff (contractor), which is as follows: Machine Translated by Google 2398 GOVERNMENT GAZETTE (ISSUE ONE) Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2399 Machine Translated by Google 2400 GOVERNMENT GAZETTE (ISSUE ONE) Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2401 Machine Translated by Google 2402 GOVERNMENT GAZETTE (ISSUE ONE) Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2403 Machine Translated by Google 2404 GOVERNMENT GAZETTE (ISSUE ONE) Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2405 Machine Translated by Google 2406 GOVERNMENT GAZETTE (ISSUE ONE) Article 248 2. From the registration in G.E.MH. the general partnership Repealed provisions rea acquires legal personality. From the entry into force of this law catÿ 3. If the company starts its commercial activity they taste: section before the registration in the G.E.MH., the provisions 1. Case c of paragraph 2 of article 17 of Law 3982/2011. the provisions of this chapter are applied accordingly and in relation to it. The one not registered in the G.E.MH. company, 2. Article 18 of Law 3325/2005. which carries out commercial activity, has legal capacity and 3. Paragraph 5 of Article 29 of Law 3377/2005 (A' 202), as bankruptcy capacity. replaced by Article 15 of Law 3557/2007 (A' 100). SECTION TWO RELATIONSHIPS TO YOU 4. Paragraph 3 of Article 15 of Law 3419/2005. 5. Paragraphs 1, 2 and 3 of article 4 and article 5 of Law Article 252 3668/2008. The corporate contract 6. Paragraphs 3 and 4 added by Article 45 paragraph 7c of Law 3943/2011, as well as Paragraph 6 of Paragraph 6a of The partners' relations with each other are determined by Article 18 of Law 3614/2007. the partnership agreement. In these relationships the partners 7. Case g' of par. 2 of article 40 of the p.d. 178/2000. are responsible for every fault. Article 253 8. Article 24 of Law 2941/2001 (Aÿ 201) entitled "Po- Decision making costs below cost". 1. Decisions are made by agreement of all partners. PART SEVEN PERSONAL TRADING COMPANIES 2. As long as a majority reception has been agreed upon phases, the majority is calculated in case of doubt based on CHAPTER A the number of partners. ORGANIZED COMPANY Article 254 SECTION ONE Management INCORPORATION OF THE COMPANY 1. All partners have the right and obligation to manage, Article 249 unless otherwise specified in the partnership agreement. Concept, applicable provisions 2. As long as the management is carried out by all 1. The company is a joint venture with legal personnel or several partners and no difference is foreseen which pursues a commercial purpose and for the debts of which all partners are simultaneously responsible According to the partnership agreement, each in whole and in part. managing partner can act alone. If one of the other 2. As long as there is no special regulation in this managing partners opposes the execution of an act chapter, the provisions of the civil code for the company before its execution, the managing partner must shall apply to the general partnership, with the exception ofjust don't do it. according to the provisions of articles 758 and 761 of the 3. The management authority occupies all actions Civil Code. ordinary management of the company. The consent of all partners is required to carry out actions that are Article 250 outside the normal administration . Company name 4. The administrator has an obligation to provide information 1. The name of the general partnership is formed either regarding the course of corporate affairs, etc from the name of one or more partners or from the object of as well as accountability. the business or from other indications by adding the words Article 255 "general partnership ", in full or with the abbreviation "O.E.". Profits and losses 2. In case of withdrawal of a partner, whose name is At the end of the corporate year, a report is drawn up included in the corporate name, the consent of him or his chart, showing the profits or losses of the company. The heirs is required to preserve the name. corporate agreement may provide that profits are distributed even before the end of the corporate year based on a temporary account. Unless otherwise agreed, the partners Article 251 share in the profits and losses according to their percentage Publicity of participation. 1. The general partnership is registered in the General Commercial Register (G.E.M.I.) with the partnership of all Article 256 partners. Details that are registered are, as a minimum Transfer of corporate participation in, the name and residence of the partners, the corporate name, the headquarters and the purpose of the company, as The corporate participation is transferred in whole or in well as its representative. Any change in these details is part, if this is provided for in the corporate agreement or contract registered in the G.E.MH. all partners know. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2407 SECTION THREE rea, unless otherwise provided in the corporate agreement. EXTERNAL RELATIONS 2. In the open-ended company, the value of the share Article 257 momentum is paid to the outgoing partner at the end of the Power of Attorney partnership year. 1. Each partner has authority to represent the 3. In the fixed-term company, the payment of the company, unless otherwise specified in the company participation value to the outgoing partner depends on the ric contract. contribution of an important reason. If the court referred to in 2. In case of representation by several partners, the paragraph 2 of article 259 determines that there is no addressable declaration to the company is sufficient important reason, the partner has no claim for payment of message to fall into one of them. the value of the participation 3. The representative power extends to all judicial and his extrajudicial acts that fall within the pursuit of the purpose of Article 262 the company. If an act is carried out in excess of the purpose Partner exit caused of the company, this excess can only be suggested if the from the individual lender third party knew or should have known about it. Limitations of representation If the forced execution against the property of a partner by tical authority with the corporate agreement or by decision of his individual creditor is fruitless, the creditor may request the partners are not projected to third parties. from the court of paragraph 2 of article 259 the exit of the partner and the determination of the value of his participation. Article 258 Liability of partners Article 263 1. An agreement to limit or exclude the liability of the Partner exclusion partners according to paragraph 1 of article 249 is not valid against third parties. If an incident occurs in the person of a partner that would 2. The partner who is being sued for the fulfillment of a justify the dissolution of the company in accordance with corporate obligation may present objections that are not case d of paragraph 1 of article 259, the single-member court founded on his person, only if he can of first instance may, following a request from the other to be viewed by the company. partners, which is heard during the 3. The partner who enters the company is liable unlimitedly proceeding of the voluntary jurisdiction, instead of the and jointly and severally for the existing corporate debts dissolution of the firm, to order the disqualification of the partner. before his entry. Opposite conÿ Article 264 voice is not valid against third parties. Rights and obligations of an expatriate SECTION FOUR and excluded partner DISSOLUTION OF THE COMPANY AND EXIT OF A PARTNER 1. In the event of the exit or exclusion of a partner, the company returns to him in full the items he had contributed Article 259 during use. Dissolution of the company 2. Unless otherwise provided in the corporate agreement, 1. The general partnership is dissolved: a) at the end of its the outgoing or excluded partner, subject to the second duration, b) by a decision of the partners, c) by declaring it paragraph of paragraph 3 of article 261, has a claim against bankrupt and d) by a court decision following a partner's the company for payment of the full value of his participation. request, if there is an important reason. In case of non-agreement between the partners as to the value of participation, the value paid is determined by the Other grounds for dissolution of the company may be court referred to in paragraph provided for in the corporate agreement. 2. The application is heard by the single-member first instance letter 2 of article 259 with the procedure of voluntary of the company's registered office during the process of jurisdiction. voluntary jurisdiction. 3. If the corporate property is not sufficient to cover the company's debts, the outgoing or excluded Article 260 partner is obliged to cover them according to his participation Events that bring about the exit of the partner in the losses. 1. The death, bankruptcy and submission to judicial support Article 265 of a partner result in his exit from the company, unless Heirs of a deceased partner otherwise provided in the partnership agreement. 1. In case of continuation of the company with the following 2. The partnership agreement may provide for other events in the name of a deceased partner, each heir may make his that entail the exit of the partner. stay in the company conditional on his taking the position of limited partner. If the partners do not accept the proposal, Article 261 the heir can exit the company. Voluntary partner exit 1. The partner may, with a declaration to the 2. The above rights can be exercised by the customer company and the other partners, withdraw from the company ronomos within a period of thirty days from Machine Translated by Google 2408 GOVERNMENT GAZETTE (ISSUE ONE) acceptance of the inheritance or the loss of the right SECTION SIX for her dismissal. If the heir is incapable or limitedly capable Article 270 of exercising the above rights, the deadline starts from the Civil company with legal personality appointment of his legal representative. 1. The provisions of this chapter, with exceptions 3. In the corporate agreement it may be stipulated that if that of par. 3 of article 251, apply accordingly to the civil the heir takes the position of limited partner, his percentage company with legal personality of participation in the profits will be different spiciness. retic from that of the inheritor. 2. The special provisions for professional companies rules still apply. Article 266 Continuation of the company CHAPTER II LIMITED PARTNERSHIP In case of bankruptcy of the company, by decision of all the partners the company can continue after the judicial SECTION ONE validation of its reorganization plan or after its bankruptcy general provisions rehabilitation. Article 271 Article 267 Sense. Applicable provisions Sole shareholder company 1. A limited liability company is a company with legal If they leave for any reason one or more personality, which pursues a commercial purpose and for fewer partners and only one partner remains, the company whose debts at least one of the partners is dissolved, if it is not published in G.E.MH within two limited liability (limited partner), while at least one other of months . the entry of a new partner. the partners is liable SECTION FIVE is unlimited (general partner). CLEARANCE - LIMITATION 2. As long as there is no special regulation in this section otherwise , the provisions for the general partnership apply to the limited partnership. Article 268 Clearance stage Article 272 1. In case of dissolution of the company, unless the Company name partners have agreed otherwise, the dissolution of the 1. The name of the limited liability company is ÿ company is followed by liquidation. or by the name of one or more co-authors 2. The names and residence of the liquidators of partners either by the object of the business or by other are written in G.E.MH. The same applies in every case indications, with the addition of the words "limited case of liquidator replacement. partnership", in full or with the abbreviation "E.E.". 3. The liquidators sign under the corporate name nymia by adding the words "under liquidation". 2. If the name of the limited liability company includes 4. At the start and end of the liquidation if the name of a limited partner is deleted, this results in his also the liquidators draw up a balance sheet. unlimited liability, unless the third party who transacted with 5. After the completion of the liquidation, the company is the company knew that he was a limited partner. In this deleted from the G.E.MH. The company's books and case, apply documents are handed over to one of the partners or a third paragraph 2 of article 250 applies. party for safekeeping. In case of disagreement, the partner Article 273 or the third party is designated by the single-member protoÿ Publicity court of the seat of the company during the injunction proceedings. The limited liability company is registered with G.E.MH. Stoiÿ registered, apart from those referred to in paragraph 1, of Article 269 article 251, are at least the name, residence and value of Limitation the contribution of the 1. In case of dissolution of the company, the claims regular partners. In G.E.MI. any change in these against the partners for corporate debts are time-barred details is also recorded . after five years from the registration of the dissolution of the company SECTION TWO let to GEMH, unless the claim against the company is LEGAL STATUS OF HETERORIZED COMPANY subject to a shorter statute of limitations. 2. If the creditor's claim against the company and Article 274 becomes overdue after the registration of its solution in the Management of corporate affairs G.E.MH., the statute of limitations starts from the point in 1. The limited partner does not participate in the transaction time at which the claim becomes overdue managing corporate affairs, nor in making decisions, unless deadline. otherwise specified in the company 3. The two previous provisions are applied retroactively ric contract. reason also in case of exit or exclusion of a partner from 2. The limited partner has no right against the company. association in a deed acted by another managing partner, Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2409 unless the act exceeds ordinary management. In the SECTION THREE latter case, the administrator must not perform this act. Article 281 Dissolution of the company Article 275 1. In case of exit, exclusion or death of the sole general Right of control partner, the limited partnership The limited partner has the right to inspect the company's is dissolved, unless by amendment of the corporate accounts and books, unless otherwise provided in the agreement, which must be registered within two months in partnership agreement. the G.E.MH., one of the limited companies becomes a general partner or if a new partner enters the Article 276 company as a general partner. For the rest, article 259 Competition acts applies. The limited partner may not act on his own account or on 2. If after the dissolution of the limited liability company acc behalf of a third party in actions related to the object of the liquidation, the duties of liquidator are also carried out by the company, unless otherwise provided in the partnership limited partner, unless otherwise provided in the partnership agreement. agreement. SECTION FOUR Article 277 Profits and losses Article 282 The provisions of article 255 also apply to the limited Converting a limited partnership to a general partnership partner. The limited partner participates in the losses 1. In case of exit, exclusion or death of the sole limited of the company up to the amount of his contribution, partner, the limited company unless in the partnership agreement reia continues as a whole. his participation is seen for a certain larger amount of money. 2. The limited partnership may be converted into a general partnership by unanimous decision of the partners. Article 278 Article 283 Power of Attorney Limited liability company conversion 1. The limited partner has no executive power in a general or limited partnership silence of the company. 1. The limited liability company can meÿ 2. With the corporate agreement , the representation of the is converted into a general or limited partnership by company may be assigned to a limited partner. For every act unanimous decision of the partners. of representation by a limited partner, he is liable as a 2. From the completion of the publicity formalities general partner, unless the third party who transacted with the converted limited liability company continues as a general him knew that he was a limited partner. or limited partnership . Before the completion of the publicity formalities of the previous paragraph, the conversion does not produce results. The conversion does not result in the Article 279 suspension of pending lawsuits. Liability of limited partner 1. The limited partner, who has paid the company his SECTION FIVE contribution, is not responsible for the company's debts. Otherwise, he is responsible for Article 284 tacitly up to the amount of his contribution. Limited liability company by shares 2. The limited partner entering after the formation of the 1. The limited liability company by shares is the eteÿ company is also responsible for the debts before entering, limited liability company, in which the corporate shares according to paragraph 1. are represented by shares. Each corporate portion antiÿ 3. Contrary agreement regarding the liability of the limited corresponds to one or more shares. partner, as defined in this article 2. The name of the limited liability company after ÿ thro, is not valid against third parties. hes is formed either from the name of one or more Article 280 of general partners either by the object of the business or by Liability of a limited partner before the registration of other indications with the addition of the words "limited partnership by shares", all the company in writing or with the abbreviation "E.E.M." In the event that the company starts operating before its 3. In the limited liability company by shares appl registration in the General Register of Companies, each Article 50a of Law 3190/1955 (ÿÿ91) on the limited liability limited partner is liable for the debts incurred during this company, and the rest of the rules applicable to the limited period as a general partner, unless the third parties knew liability company, in that he participated in the company as a general partner. in a way that is compatible with the provisions of this article limited partner. The same applies if the heterorrhaic and the nature of the company. partner joined the company after its start -up, but before its 4. The relations of the general partners among themselves registration in the G.E.MH. and towards the limited partners or third parties, as well as the management of the company are determined according to Machine Translated by Google 2410 GOVERNMENT GAZETTE (ISSUE ONE) with the rules of the general partnership. The lessons 3. At the end of each calendar year or at the time agreed by however, the liability of the general partners as managers is the parties, as well as at about ÿ regulated by the provisions for the limited liability company. in the event of dissolution of the company, the apparent partner has an obligation to account and pay the damages 5. If the statute does not stipulate otherwise, the rights attributable profits to the invisible partner. It is possible to of the general partners in the general meeting agree on the payment of profits to the invisible partner during are proportional to the number of shares they own. the calendar year as well, in particular upon the completion of some act or business 6. Unless the articles of association stipulate otherwise, this tical action. can only be amended with the consent of the general partners. 4. The invisible partner is not obliged to return the profits received in earlier years due to losses of later years. CHAPTER III AFANIS COMPANY Article 290 Article 285 Rights of the invisible partner to audit Invisible company concept The partnership agreement defines the control rights of the invisible partner in relation to the actions 1. With the contract of the invisible company, one of the partners (apparent partner) grants to another interests or the business, which are the subject of the invisible lon or other partners (unseen partners) right to participate in company. The right referred to in article 755 of the Civil Code the results of one or more commercial transactions or concerns only the books and documents of the apparent commercial enterprise, which partner that are related to the above actions or the business. he acts in his own name, but in the common interest of the partners. Article 291 2. The invisible company does not have legal personality Dissolution and liquidation of the invisible company and is not registered in GE.MH. The terms of the partnership agreement are evidenced only by written agreement 1. The invisible company is dissolved in the cases agreement of the contracting parties. The provision of provided by the Civil Code. I hear the solution paragraph 2 of article 393 of the Civil Code applies to this wash the liquidation. agreement. 2. The liquidation of the invisible company is carried out 3. The provisions of the Civil Code for the company are from the apparent partner. It consists in returning to the applied to the invisible company, except thereÿ invisible partner the value of his participation, reduced by the which are incompatible with the nature of the invisible company. losses attributed to him. The contribution of the invisible partner is refunded in full. Article 286 3. The liquidator has an obligation at the end of each Invisible partner contribution calendar semester to provide information to the invisible The invisible partner pays his contribution to the visible partner on the progress of the liquidator's work partner. The object of the contribution is transferable of giving, with an exposition of the reasons that prevented its lives in the apparent partner, in whole or in part, or in part completion. divided by use. Article 292 Article 287 Bankruptcy of the apparent partner Relations with third parties 1. In case of bankruptcy of the visible partner, the invisible Third parties acquire rights and assume obligations only vis- partner can be declared as a bankrupt creditor for the paid à-vis the apparent partner. contribution and the rest of the profits, resulting from the distribution Article 288 launch of the invisible company. Management of the invisible company 2. If the invisible partner did not pay his contribution , he 1. The invisible company is managed by the em- must pay it to the bankruptcy court apparent partner. substance, to the extent required to cover the damage 2. The acquired from the management of the company attributable to him. Payment of the contribution consisting of belong to the obvious partner. work or the use of a thing is not required. Article 289 Profits and losses CHAPTER IV 1. The invisible partner participates in the company's profits JOINT VENTURE according to the percentage or amount agreed in the Article 293 partnership agreement, otherwise article 763 of the Civil Code applies. Applicable provisions 2. Unless otherwise specified, the invisible partner withÿ 1. The consortium is a company without legal personality shares in the resulting losses at the same rate as the profits. county. As long as it is registered in the G.E.MH. or appears It may be agreed that his participation in losses does not outwardly, acquires, as an association of persons, legal exceed the value of his contribution. capacity and bankruptcy capacity. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2411 2. In the joint venture established for the purpose of co- of local authorities, or on their behalf, or for loÿ stimulation of the activity of the members of the application beating of the Union; the provisions for the civil company are applied accordingly. b) refunds, interventions and other side measures The joint venture agreement may provide that the joint of the system of full or partial financing of the European venture members will be jointly and severally liable for the Agricultural Guidance and Guarantee Fund (EAGF) and joint venture's obligations towards third parties . the European Agricultural Fund for Rural Development 3. As long as the joint venture carries out a commercial activity (EAFRD), including rity, is compulsorily registered in the G.E.MH. and the of received sums to be collected in connection with such provisions for the general partnership apply accordingly. actions; c) the levies and other fees provided for in the context of 4. The above provisions also apply to the specially the common market organization for the sugar sector. regulated joint ventures, unless there is a contrary provision in the special regulation. 2. The scope of this Chapter realizes: Article 294 a) administrative sanctions, fines, fees and surcharges Transitional provisions matters relating to claims for which mutual assistance may 1. This law also applies to companies, which at the time be requested in accordance with para of its entry into force are not in liquidation or bankruptcy. letter 1, imposed by the competent administrative authorities for the imposition of the relevant taxes or duties 2. The provisions of articles 18 – 28, 38, 39, 47 – 50 and or for the conduct of relevant administrative investigations 64 of the Commercial Law are repealed from the entry into or confirmed by administrative or judicial bodies at the force of this . request of the aforementioned administrative authorities; 3. The general or limited commercial companies b) fees for certificates and related documents issued in companies that operate when this law comes into force the context of administrative procedures which are obliged to register the relevant corporate agreement es relate to taxes and duties; within six months c) interest and costs associated with the claims in the GEMH, as defined in paragraph 1 of article 251. cases for which mutual assistance may be requested in accordance with paragraph 1 or items a or b of this paragraph. PART EIGHT 3. The provisions of this Chapter do not apply PROVISIONS OF MINISTERIAL COMPETENCE for: FINANCIAL AND OTHER PROVISIONS (a) compulsory social security contributions payable to CHAPTER A the Member State or a subdivision of the Member State or MUTUAL SUBSCRIPTION FOR COLLECTION to public law social security institutions; OF REQUIREMENTS b) issuance fees not mentioned in para Article 295 graph 2; (Article 1 of Directive 2010/24/EU) c) debts of a contractual nature, such as for the provision 1. Chapter IA of Law 1402/1983, as amended of public services; created by Chapter D of Law 3052/2002 (A' 221) and d) criminal sanctions imposed in the context of criminal replaced by Chapter E of Law 3943/ 2011 (A ' 66) is prosecution or other criminal sanctions not covered by repealed with effect from January 1, 2012. paragraph 2 item a'. 2. The Council Directive 2010/24/EU on the amiÿ Article 297 violent assistance for the collection of claims, which applies (Article 3 of Directive 2010/24/EU) from January 1, 2012, is incorporated into national legislation with the provisions of this Chapter. For the application of this Chapter they are understood as: 3. The provisions of this Chapter concern the collection a) "requesting authority": central liaison office, liaison of claims from Greece which arose in another member office or liaison service of Greece or another EU member state of the European Union and concern a debtor residing state, which addresses a request for assistance for the in Greece, as well as the collection of claims from other collection of member states of the European Union, which voltages, as provided for in article 296 (article 2 of the Directive), were born in Greece and concern a debtor residing in b) "receiving authority": central liaison office another member state. office, liaison office or liaison service of Greece or another EU member state, which accepts a request for assistance Article 296 in the collection of claims, (Article 2 of Directive 2010/24/EU) 1. The provisions of the previous article apply c) "person": for each claim concerning: (i) a natural person; a) all taxes and duties imposed by Member States or (ii) legal entity; their territorial or administrative subdivisions, including (iii) if provided for by the applicable legislation, an association of persons in which legal action is recognized Machine Translated by Google 2412 GOVERNMENT GAZETTE (ISSUE ONE) capacity, but without having the legal status of a legal Article 300 person, or (Article 7 of Directive 2010/24/EU) (iv) any other legal entity of any nature and form, 1. Upon agreement between the requesting authority and whether it has legal personality the receiving authority and in accordance with the whether or not he owns or manages assets which, arrangements established by the receiving authority, employees of including the income derived therefrom, are subject to authorized by the requesting authority may, for the a tax covered by this Chapter; purposes of promoting the mutual assistance provided for by the provisions of this Chapter: (d) "by electronic means": the use of electronic a) to be present in the offices where the administrative equipment for processing – including digital compression authorities of the receiving authority's member state – and data storage and the use of cable or wireless perform their duties, communication b) to be present during the administrative investigations, binding, optical media or other electromagnetic media, which are conducted on the territory of the receiving authority's member state, (e) "CCN network": the common platform based on c) to provide assistance to the competent officials the Common Communications Network (CCN), which members of the receiving authority's Member State has been developed by the Union to ensure all during proceedings before courts in that Member State. communications by electronic means between the customs and tax authorities. 2. If this is possible under the applicable legislation of Article 298 the Member State of the receiving authority, the (Article 5 of Directive 2010/24/EU) agreement referred to in point b of paragraph 1 may provide that officials of the requesting Member State 1. At the request of the requesting authority, the acceptance may question persons and examine records. said authority provides any information likely to concern the requesting authority for the collection of its claims 3. Employees authorized by the requesting authority, as referred to in article 296 (article 2 of the Directive). who make use of the possibilities provided to them have paragraphs 1 and 2, must, at all times, be able to For the purpose of providing said information, the produce a written authorization stating their identity and receiving authority shall arrange for the conduct of their official duties. any administrative investigations, which are required to gather the information. 2. The receiving authority is not obliged to transmit Article 301 information: (Article 8 of Directive 2010/24/EU) a) which he would not be able to obtain for the 1. At the request of the requesting authority, the acceptance collection of similar claims arising in the receiving This authority shall notify the recipient of all documents, authority's Member State, including judicial documents, originating from it b) which would be disclosed as commercial, industrial or commercial are from the requesting Member State and refer to a ridiculous privacy, claim, as referred to in Article 296 (Article 2 of the c) that their disclosure would be likely to preÿ Directive) or to its collection. undermines security or opposes the public order of the The notification request is accompanied by a form receiving authority's member state. form containing at least the following information: 3. Paragraph 2, in no case, does not considerÿ that it allows the receiving authority of a state ÿ a) name, address and other data about him member to refuse to provide exclusive information identification of the recipient, only because the owner of this information is a bank, b) the purpose of the notification and the time period other financial institution, etc institution within which the notification should take place, authorized representative or person acting in an agent or trustee capacity or because the information relates c) description of the attached document, as well as to a person's proprietary interest . the nature and amount of the relevant claim, d) name, address and other contact details in respect 4. The receiving authority informs the requesting of: authority of the reasons for its opposition to the (i) the office responsible for the attached document satisfaction of the information request. and if different, (ii) the office providing further information about Article 299 with the notified document on the capabilities (Article 6 of Directive 2010/24/EU) sections for disputing the obligation to pay. When a refund of taxes or duties, other than value 2. The requesting authority submits a request for added tax, concerns a person who is established or notification pursuant to this article only if it is unable to resides in another Member State, the returning Member notify the relevant document in accordance with the State may inform the Member State of establishment or rules governing such notification to the requesting residence of the forthcoming refund. Member State or if such notification would create disproportionate difficulties. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2413 3. The receiving authority immediately informs the aiÿ The uniform title that allows execution in the receiving that authority as regards the follow-up to the notification authority's Member State echoes the request and in particular as regards the date on which the ry content of the original title that allows execution and is document was transmitted to the addressee. the sole basis of the collection measures and injunctive measures taken ÿ as in the Member State of the receiving authority. It is not Article 302 subject to recognition, supplementation or replacement (Article 9 of Directive 2010/24/EU) in that Member State. 1. The receiving authority shall ensure that notification to The single enabling title shall contain at least the following the receiving authority's Member State information: is carried out in accordance with the national legislative and a) information regarding the identification of the initial title legal provisions and the administrative practices applicable that allows execution, a description of the claim, including in the receiving authority's Member State. its nature, the date 2. Paragraph 1 is valid subject to any conditions period covered by the claim, any important dates of any other form of notification in which proÿ the enforcement process, as well as the amount of the the competent authority of the requesting member state in claim and its various components, such as principal accordance with the applicable rules of the said state and accruals the ÿ member. accrued interest etc., A competent authority established in the requesting b) name and other data about the owner Member State may immediately notify any document by definition of the debtor's identity, registered mail or by e-mail to a person located in the c) name, address and other contact details in respect of: territory of another Member State. (i) the office responsible for the valuation of the claim and, if different, Article 303 (ii) the office providing further information about (Article 10 of Directive 2010/24/EU) regarding the claim or the possibilities of disputing the 1. At the request of the requesting authority, the receiving payment obligation. 2. The application for collection of a claim may include authority is obliged to collect receivables, which are the evidenced by other documents relating to the claim issued subject of a title that allows collection to be carried out in in the requesting Member State. the requesting Member State. 2. The requesting authority, as soon as it receives Article 306 knowledge, directs to the receiving authority all the useful (Article 13 of Directive 2010/24/EU) information related to the case, which was the cause of the 1. For the purpose of collection in the Member State of collection request. the receiving authority, each claim that is the subject of a Article 304 collection request is considered as a claim of the Member (Article 11 of Directive 2010/24/EU) State of the receiving authority, unless the provisions of this Chapter define otherwise 1. The requesting authority may not submit an application of course The receiving authority exercises the powers and bankruptcy, if and as long as the claim and/or the title that procedures provided for by the legislative, regulatory or allows its execution in the requesting member state is administrative provisions applicable in the Member State to contested in said member state, with the exception of the which it is subject for claims relating to the same or, in the cases in which the third paragraph of article 307 (article 14 absence of the same, a similar tax or duty, except in the of the Directive) paragraph 4 applies . cases for which it is otherwise provided in this Chapter. 2. Before submitting a collection application by the requesting authority, the appropriate procedures must be initiatedIf the receiving authority considers that the same or collection procedures, which apply in its Member State, similar taxes or duties are not imposed in its territory, it except in the following cases: shall exercise the powers and procedures provided by the a) if it is obvious that there are no assets to be recovered laws, regulations or administrative orders. in the requesting Member State or that the proceedings in taxes applicable in its member state for claims related to question will not result in the payment of the claim and the personal income tax, except for the cases for which it is requesting authority has otherwise provided in this Chapter. specified information demonstrating that the person in question has assets in the receiving authority's Member The Member State of the receiving authority shall not State; is obliged to grant to claims of other member states the b) if the appeal to these procedures in aiÿ preferences it grants to similar claims on its territory, unless Member State would create disproportionate difficulties. a different arrangement has been agreed between the states concerned or provided for in the law of the receiving authority's member Article 305 state. If a Member State grants preferences to the claims (Article 12 of Directive 2010/24/EU) of another Member State, it may not refuse to grant the 1. Each collection request is accompanied by a single title same preferences to those or similar claims of other which allows execution in the receiving authority's Member Member States under those conditions. State. Machine Translated by Google 2414 GOVERNMENT GAZETTE (ISSUE ONE) The receiving authority's Member State collects the At the request of the requesting authority, or if otherwise claim in its own currency. deemed necessary and subject to Article 309 (Article 16 of 2. The receiving authority informs the requesting authority the Directive), the receiving authority may take precautionary with due diligence about the follow-up given to the collection measures in order to guarantee the request. bankruptcy, as long as the legislative or regulatory provisions 3. From the date of receipt of the application in force in the Member State in which it has its registered default, the receiving authority imposes interest in excess of office allow this action. party in accordance with the legislative, regulatory and The requesting authority may, in accordance with the laws administrative provisions in force in the receiving authority's and regulations and administrative practices applicable in Member State. the Member State where it has its seat , request the receiving 4. The receiving authority may, if permitted by the authority to collect a disputed claim or the disputed part of legislative, regulatory or administrative provisions applicable the claim, if the relevant legislative and regulatory provisions in the Member State of the receiving authority, provide the and administrative practices in force in the receiving debtor with a payment deadline or allow payment in authority's Member State allow it. Any such demand must installments and may impose interest accordingly. It then be justified informs the requesting authority of any such decision. he lies If the outcome of the dispute is favorable to the 5. Without prejudice to article 313 (article 20 of the debtor, the requesting authority is obliged to gias) paragraph 1, the receiving authority transmits to the direct any amount received, plus any compensation due, in requesting authority the amounts collected in relation to the accordance with the applicable law of the receiving claim and the interest referred to in paragraphs 3 and 4 of authority's member state. this article. If mutual agreement proceedings have been initiated by the competent authorities of the requesting Member State Article 307 or the Member State of the receiving authority, and the (Article 14 of Directive 2010/24/EU) outcome of the proceedings may affect the claim for which 1. Disputes regarding the claim, the original title, which assistance has been sought, recovery measures shall be allows enforcement in the requesting state suspended or discontinued until the this procedure, unless of the Member State, or the uniform title, which allows the procedure concerns sub- execution in the Member State of the receiving authority and situation with an urgent nature, due to fraud or negligence disputes regarding the validity of the notification by the solvency. In case of suspension or interruption of collection competent authority of the requesting Member State fall measures, the second paragraph shall apply. within the competence of the competent bodies of the requesting Member State . If an interestÿ Article 308 disputed by the party in the course of the proceedings (Article 15 of Directive 2010/24/EU) collection of the claim, the initial title enabling enforcement 1. The requesting authority immediately informs the recipient in the requesting Member State or the single title allowing authorized authority for any subsequent modification of the enforcement in the Member State of the receiving authority, collection application he has submitted or for the cancellation the receiving authority shall inform that party that it must withdrawal of its application, stating the reasons for the bring the said action before the competent body of the amendment or withdrawal. requesting Member State, in accordance with the law in 2. If the modification of the application is due to force there. phase of the competent body referred to in article 307 (article 14 of the Directive) paragraph 1, the requesting 2. Disputes concerning the enforcement measures taken authority notifies this decision together with revision in the Member State of the receiving authority or concerning single title, which allows execution in the receiving authority's the validity of the notification of the competent authority of Member State. The receiving authority then proceeds to the Member State of the receiving authority shall be brought receive further meÿ before the competent body of that Member State in collections based on the revised title. accordance with its own its legislative and regulatory The application of collection measures or injunctive provisions. measures already taken on the basis of the original order 3. When an action is brought as mentioned in paragraph of the title for enforcement in the Member State of the paragraph 1 before the competent body of the applicant receiving authority may continue on the basis of the revised In the Member State, the requesting authority shall inform title, unless the modification of the application is due to the the receiving authority thereof and indicate the extent to invalidity of the original title that allowed execution in the which the claim is not contested. requesting Member State or of the original single title that 4. As soon as the receiving authority receives the allowed execution ÿ information referred to in paragraph 3, either from the in the Member State of the receiving authority. requesting authority or from the interested party, it suspends As regards the revised title, the the enforcement process with regard to the disputed part of articles 305 and 307 (articles 12 and 14 of the Directive). the claim, pending Article 309 with the decision of the body competent in this matter, (Article 16 of Directive 2010/24/EU) unless the requesting authority submits a different request in accordance with the third paragraph of this paragraph 1. At the request of the requesting authority, the receiving Phew. authority shall take precautionary measures, if this is provided for Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2415 by its national law and in accordance with its administrative , the five-year term is understood to start from the moment practices, to guarantee recovery when a claim or the title the total payment term expires. enabling enforcement in the requesting Member State is However, in such cases, the receiving authority shall not contested at the time of the application or if the claim is not be obliged to provide assistance in respect of claims older yet the subject of a title which allows enforcement in the than ten years, dating from the date on which the claim requesting Member State, as long as injunctive measures became overdue in the requesting State ÿ are also possible, in similar situations member. in accordance with the national law and administrative 3. A Member State is not obliged to provide assistance if practices of the requesting Member State. the total amount of claims covered by the provisions of this The document which has been drawn up to permit Chapter requires the taking of interim measures in the requesting of oil, for which a contribution is requested, is less than 1,500 Member State and concerns the claim for the collection of euros. which mutual assistance is requested, shall be attached, if 4. The receiving authority informs the requesting authority any, to the request for interim measures in the Member State for the reasons for rejection of the membership application. of the receiving authority. The document Article 312 as this is not subject to recognition, completion or replacement (Article 19 of Directive 2010/24/EU) in the Member State of the receiving authority. 1. Matters concerning limitation are governed 2. The application for injunctive measures may exclusively by the law in force in the requesting country it must be accompanied by other documents related to the member. claim, which have been issued in the requesting state ÿ 2. With regard to the suspension, interruption or extension member. of the limitation period, the collection operations carried out by the receiving authority or on its behalf in accordance with Article 310 the request for assistance and which result in the suspension, (Article 17 of Directive 2010/24/EU) interruption or extension of the limitation period according to the law in force in the Member State of the receiving For the activation of article 309 (article 16 of the Directive), authority, they are deemed to have the same effect in the article 303 (article 10 of the Directive) paragraph 2, article requesting Member State, provided that the corresponding 306 (article 13 of the Directive) paragraphs 1 and 2 and provision is provided under the law in force in that Member articles 307 and 308 (articles 14 and 15 of the Directive). State. Article 311 If the law in force in the Member State of the (Article 18 of Directive 2010/24/EU) receiving authority does not provide for the possibility of restoration termination, interruption or extension of the deadline 1. The receiving authority is not obliged to provide the , the collection operations carried out by the recipient assistance provided for in Articles 303 to 309 (Articles 10 to authority or on its behalf in accordance with the 16 of the Directive), if the collection of the claim request for assistance and which, if they had been this, due to the debtor's situation, may create serious carried out by the requesting authority or on its behalf in its economic or social harm Member State, would result in the suspension, interruption shares in the receiving authority's Member State, as long as or extension of the the laws and regulations and administrative practices of that written under the law in force in the Member State of the Member State allow such an exception for national receiving authority shall, for that effect, be deemed to have requirements. taken place in that latter Member State. 2. The receiving authority is not obliged to provide the assistance provided for in Articles 298 and 300 to 309 The first and second subparagraphs shall not affect the (Articles 5 and 7 to 16 of the Directive), if the applicant right of the competent authorities of the requesting Member under articles 298, 300, 301, 303 or 309 (para State to take measures to suspend, interrupt or extend the 5, 7, 8, 10 or 16 of the Directive) initial request for assistance limitation period in accordance with the law in force in that concerns claims older than five years, dating from the date Member State. on which the claim became overdue in the requesting state ÿ 3. The requesting authority and the receiving authority inform on both sides regarding any actions that interrupt, suspend member until the date on which the original membership or extend the limitation period of the claim for which the application was submitted. collection or taking of injunctive measures has been However, where the claim or the original title enabling requested or regarding actions that may have this effect. enforcement is challenged in the requesting Member State, the five-year period starts to run from the moment when the requesting Member State decides that the claim or title enabling recovery cannot now be disputed. Article 313 (Article 20 of Directive 2010/24/EU) In addition, in cases where the competent authorities of 1. In addition to the amounts provided for in article 306 the requesting Member State postpone the payment or draw (article 13 of the Directive) paragraph 5, the receiving up a schedule of payments in authority seeks to collect from the debtor and to Machine Translated by Google 2416 GOVERNMENT GAZETTE (ISSUE ONE) withhold the collection-related costs incurred by him, in this fact will not affect the validity of the information accordance with the legislative and regulatory provisions collected or the measures taken in executing a request of the receiving authority's member state. plus course. 2. The member states mutually waive any claim for Article 315 reimbursement of expenses arising from the mutual (Article 22 of Directive 2010/24/EU) assistance they provide to each other pursuant to this Chapter. 1. All subscription applications, standard items However, when the collection presents a particular problem of notification and the uniform titles allowing execution in scholia, is characterized by a very large amount of the Member State of the receiving authority are sent in the expenditure or is linked to the fight against organized official language or in one of the official languages of the crime, the requesting authorities and the authorities to Member State of the receiving authority or accompanied which the requests are addressed may agree by a translation into that language. The fact that some special reimbursement arrangements. parts of these documents have been drawn up in a foreign 3. Notwithstanding paragraph 2, the requesting Member language State shall remain liable to the requested Member State aphoretic from the official language or one of the epiÿ for all costs and damages, if any, incurred as a result of official languages of the Member State of the receiving actions found to be unfounded, either as to the existence authority, does not affect their validity or the validity of the of the claim or as to the validity of the enforceable title procedure, as long as this different language has been agreed between the Member States concerned. lou issued by the requesting authority and allows the 2. The documents which must be notified pursuant to execution and/or taking of injunctive measures. Article 301 (Article 8 of the Directive) may be transmitted to the receiving authority in an official language of the Article 314 requesting Member State. (Article 21 of Directive 2010/24/EU) 3. When the application is accompanied by documents other 1. The applications pursuant to article 298 (article 5 Ord than those mentioned in paragraphs 1 and 2, the acceptance of), paragraph 1 for the provision of information, the applicants receiving authority may, as the case may be, demand notifications pursuant to Article 301 (Article 8 of the from the requesting authority the translation of said documents Directive), paragraph 1, collection applications pursuant in the official language, or in an official language of the to Article 303 (Article 10 of the Directive), Paragraph 1 or receiving authority's member state or in any other language applications for injunctive measures pursuant to Article decided bilaterally by the relevant member states. 309 (Article 16 of the Directive), Paragraph 1 , are transmitted, by electronic means, using a standardized form, unless this cannot be done for technical reasons. Article 316 (Article 23 of Directive 2010/24/EU) Where possible, these forms are used for all subsequent communication regarding the application. 1. The information disclosed, under any circumstances in any form, according to this Chapter, covered The uniform title that allows execution in the receiving are exempt from the obligation to observe professional authority's member state and the document secrecy and enjoy the protection provided for fo which allows the taking of interim measures in the This type of information is governed by the national law of requesting Member State and the other documents the member state in which it was received. referred to in Articles 305 and 309 (Articles 12 and 16 of This information can be used the Directive), are also transmitted by electronic means, for the implementation of enforcement or measures in unless this cannot be done for technical reasons. respect of the requirements covered by this Chapter. They can also be used to assess and enforce mandatory fees The standard forms can be accompanied are, as the case may be, from reports, statements and social security matters. other documents or certified copies or extracts thereof, 2. The persons duly accredited by the Security which are also transmitted by electronic means, unless Certification Authority of the European Commission this cannot be done for technical reasons. where they may have access to such information only to the extent necessary for the curation, maintenance and Standard forms and e-communication development of the CCN network. electronic means may also be used for the exchange of 3. The Member State providing the information allows its information pursuant to Article 299 (Article 6 of the use for purposes other than those referred to in paragraph Directive). 1 in the 2. Paragraph 1 does not apply to information and the member receiving the information, if, agrees documents gathered during the presence in administrative to the legislation of the member state providing the services of another member state or during participation information, the information can be used in administrative investigations conducted by modified for similar purposes. are transferred to another member state in accordance with Article 4. When the requesting authority or the receiving 300 (Article 7 of the Directive). authority considers that the information gathered under 3. If the communication is not carried out by e-mail this Chapter is likely to be useful for the purposes referred electronically or using standard forms, to in paragraph Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2417 1 to a third member state, may transmit said information to Article 319 the latter member state, as long as their transmission is in By decision of the Minister of Finance, accordance with the regulations are: nes and the procedures provided for in this Chapter. It shall a) the customs or tax or other competent authority or inform the Member State from which the information service of the Ministry of Finance, depending on the type originated of its intention to transfer the information to a of claim, acting "as requesting authority" and "as receiving third State by authority" for the implementation of the provisions of this los. The Member State of origin may object to the transfer Chapter, of the information within 10 working days from the date on b) the competent authorities for the collection, which it received the notification from the Member State management and performance of these claims, wishing to transfer the information. c) the method of collection, management and performance to the beneficiaries of the claims provided for by this 5. The license to use, according to para Chapter and any other matter for the implementation of the Article 3, of information transmitted in accordance with provisions of this Chapter. paragraph 4, may only be granted by the Member State from which the information originated. CHAPTER II carriages. OTHER REGULATIONS OF JURISDICTION 6. The invocation of the information communicated, in MINISTRY OF FINANCE any form, by virtue of this Law Article 320 whale, and their use as evidence by all authorities within Amendments to laws 3054/2002, 3784/2009, the state ÿ meÿ 2960/2001 and article 187 of the Civil Code recipient of the information is permitted under these conditions with similar information obtained within that 1. At the beginning of case c' of paragraph 5 of article 6 Member State. of Law 3054/2002 (ÿÿ230) the following paragraphs are added: Article 317 "c. Availability of means of transport (tankers or (Article 24 of Directive 2010/24/EU) watercraft), which can be secured ensure the smooth supply of the market and the smooth 1. The provisions of this Chapter do not provide and continuous circulation of part of the products it sells fulfill any obligations to provide wider assistance, which arise by virtue of bilateral or multilateral agreements or is called the holder of the Trade License, taking into arrangements, including the notification of judicial or account the obligations of supply of geographical areas extrajudicial acts. that may have been imposed on the holder of the license, in accordance with article 14 paragraph 2 of this law. 2. When the member states conclude similar agreements The means of transport (VAT or VAT) must be for partial or multilateral agreements or arrangements on exclusive use and must clearly bear the trade mark of the issues in the areas that are the subject of this Chapter, Trade License holder who uses them in accordance with except for the regulation of individual in such cases, they shall inform the Commission without the details of his licence. The means of transport (VAT or delay. The Commission in turn informs the other states ÿ VAT) of B1 and B2 trading companies will carry additional special signs. The trademark of members. 3. When providing the widest mutual coÿ of the Trade License must also carry floating means of process by virtue of a bilateral or multilateral agreement or supply (buckets). All the above means of transport must arrangement, Member States may make use of the carry an electronic tracking signal (GPS). By joint decision electronic communications network and the standard forms of the Ministers established for the application of Finance, Development, Competitiveness and Shipping of this Chapter. and Infrastructure, Transport and Networks respectively Article 318 the technical details per type of fuel are given for the (Article 27 of Directive 2010/24/EU) application of the above paragraphs. In the above means of transport of liquid fuels power 1. Greece shall annually inform the Commission by March electronic security systems must be installed 31 of the following: ensuring quantitative and qualitative integrity during the a) the number of requests for information provision movement of pre-measured quantities of fuel, by sealing of, notification and collection or the taking of injunctive the compartments, with the possibility of telematic data measures that it sends annually to each member state to transfer, related to any intervention during movement. With which the application is addressed, and coÿ receives annually from each requesting Member State; n decision of the Ministers of Finance, Development, b) the amount of claims for which it is requested Competitiveness and Shipping and Infrastructure, Meÿ collection assistance and the amounts collected. of Transport and Networks, the specifications, the procedure 2. Greece shall also provide any other information that and the conditions of installation of the above systems, the may be useful for assessing the provision of mutual exact implementation schedule, the specific categories of assistance pursuant to this Chapter. tankers (F.I.X. and F.D.X.) and floating means of supply subject to Machine Translated by Google 2418 GOVERNMENT GAZETTE (ISSUE ONE) in the above regulation, as well as every necessary detail." (3) years and a fine of ten thousand (10,000) to fifty thousand (50,000) euros. 2. The last paragraph of paragraph 7 of article 6 of Law 2. If the culprit commits the previous act 3054/2002 is amended as follows: of the following paragraph and the total value of this object "The holders of the "Independent Store" Retail License exceeds the amount of seventy-three thousand (73,000) of paragraph 4 of article 7, without prejudice to the relevant euros, shall be punished by imprisonment of up to ten (10) purchase law provisions, may years and a fine of fifty thousand (50,000) to three hundred are responsible, in accordance with the provisions of article thousand (300,000) euros. 17, for the quality and quantity of petroleum products that they trade or make available to Final Consumers together 3. The administrative sanctions imposed for the acts of with the License holder(s) the previous paragraphs are independent let's Emporias that supply their gas station, symÿ from the criminal sanctions." according to the sales and handling documents or, as the 5. In paragraph 1 of article 17 of Law 3054/2002, case may be, the holder of the Refining Permit, if the subsection e is added as follows: supply was made directly." "eh. In case of violation of the provisions of paragraph 8a 3. a. At the end of paragraph 3 of article 15 of Law of article 15, the means of transport are confiscated 3054/2002, the words "applying in any case the provisions immediately. To the owners of the above means of of paragraph 8a of this article throughout the duration of transport that: i) do not bear the trademark of the Trade the transaction " are added License company or, as the case may be, within the Greek Territory." of the Refining License company, when the supply is made b. At the end of paragraph 8 of article 15 of n. directly from the refineries or ii) do not carry the special 3054/2002 paragraph 8a is added as follows: electronic tracking signal (GPS), a fine of seven thousand "8.a. It is not allowed to traffic petroleum products before (7,000) euros is imposed per violation and the license of ions by means of transport, tanker (F.I.X. or F.D.X.) or the means of transport is withdrawn for a period of six ( 6 floating (barge), as long as it does not bear the trade mark month. In any case of recurrence within three years for the of the Trade License holder in a visible place, in accordance same violation, as it appears from the valid entries in the with paragraph 5c of article 6 or , as the case may be, of Book of Sanctions, the fine is tripled. The epi- the Refining License, when the transaction takes place directly from the refineries. Similarly, it is not allowed to imposition of the fine does not exclude the imposition of transport petroleum products with a tanker (F.I.X. or F.D.X.) other administrative or criminal sanctions provided for by or boat (barge) that does not have an electronic tracking the provisions. signal (GPS). With coÿ In addition, the ship's nautical brochure is removed n decision of the Ministers of Finance, Development, beginning or the license to exercise the profession of road Competitiveness and Shipping and Infrastructure, Meÿ transporter is revoked, respectively, for a period of six (6) transport and Networks, the time and dates are determined months. areas of application of the above provision." By a joint decision of the Minister of Finance and the c. A paragraph is added to Article 15 of Law 3054/2002 relevant Minister as the case may be, specific issues and paragraph 11 as follows: details for the implementation of the previous paragraph "11. Liquid fuels available for consumption are determined. traffic or stored within the Greek Territory, are traced 6. At the end of paragraph 7 of article 31 of Law with radioisotopes or molecular technology tracers. 3784/2009 (ÿÿ137), paragraphs 8 and 9 are added as Liquid fuel consumed follows: have been transported or stored and their labeling is "8. a. By decision of the Minister of Development, Anti- not detected by radioisotopes or molecular technology competition and Shipping, a fine of five thousand (5,000) i.e. tracers, are considered illegal, even if they have relevant euros to one million five hundred thousand (1,500,000) documents. euros is imposed for each violation By joint ministerial decision of the Ministers of Economy basis of provision concerning the entry control system , Development, Competitiveness and Shipping and flows-outputs. The amount of the imposed fine is calculated Environment, Energy and Climate Change, technical issues taking into account as criteria, in particular, the seriousness are regulated for the implementation of this paragraph by of the violation, the consequences type of fuel and every necessary detail." depend on it, the degree of culpability and the possible recurrence of the offender. To assess delinquent 4. Article 16 of Law 3054/2002 is replaced as follows: behavior as a relapse, receiveÿ valid entries in the kept offenders' files are taken into "1. Whoever without a legal license or in violation of the account. Whoever, within three years of the issuance of provisions of article 6 paragraph 5 letter c and article 15 the decision, by which a fine or other sanction is imposed paragraph 8a of this law refines, stores, trades, trades, on him for a violation of delivers, supplies, supplies, bottles or sells crude oil of the entry-exit system ordinance, commits a new violation, is presumed to be a repeat offender. The names of the oil or petroleum products or other energy products within violators are posted on the website of the Ministry of the meaning of this law and without prejudice to the Development, Competitiveness and Shipping on the smuggling provisions of the National Customs internet, in accordance with the provisions of Law hear Code, is punishable by imprisonment of at least three 2472/1997 (Aÿ 50). Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2419 b. By decision of the same Minister, they can provisions, and on overdue registration, investigation the above offenses are defined and to be determined registration and non-registration of heating oil transaction the enforcement procedure and the limits of the fine of tax documents in the Heating Oil Monitoring Information each category or of each partial violation, within the limits System, which were carried out from 1.1.2011 until the of the first paragraph of this present, as well as any other publication of this law. necessary detail. With a similar decision, these limits can be adjusted . An application to be subject to the provisions of the previous subsection shall be submitted within a period of c. For the same violation, a fine is imposed only by a two months from the entry into force of this law, on the following competent body of the Ministry following cases: of Development, Competitiveness and Shipping, in i) When an assessment act has been issued and no accordance with the provisions of the current legislation appeal has been brought against it or an appeal has been under the competence of the Ministry in question. Any made but no final administrative decision has been issued on it imposition of a second fine for the same offense does not court, with the obligation to declare a waiver of the right to produce any legal consequence. The imposition of the fine exercise legal remedies or of the already exercised legal does not exclude the imposition of other administrative or remedy. criminal sanctions provided for by the written provisions. ii) When the entire amount or part of the assessed fines has already been paid, with which they request the return 9. By joint decision of the Ministers of Finance and of the difference between the Development, Competitiveness and Shipping ext fines imposed and the fines provided for by the provisions the application of the integrated electronic input-output of this paragraph. control systems on floating means of transportation of No application is required to be subject to the provisions petroleum products is regulated and every re- of this paragraph in the event that no accounting deed has necessary detail on the installation procedures and been issued. conditions , the exact implementation schedule and any 9.a. At the end of paragraph 1 of article 187 P.C. the necessary details." following paragraph is added: 7. At the end of paragraph 3 of article 63 of Law "The perpetrator of the act is punished with the same penalty 2960/2001 (ÿÿ265) a paragraph is added as follows: of the first paragraph, if the criminal organization "Especially for the tax warehouses of petroleum seeks to commit more criminal acts related to the products in which energy products of article 72 are avoidance of payment of a legal tax, fee, duty or other held, integrated systems are installed charge when purchasing, selling, receiving, delivering, the electronic controls of inputs-outputs to which a tax transporting, transiting, trading, possessing, storing, electronic mechanism is compulsorily connected. importing or exporting goods or counterfeit products, falsification or piracy". By joint decision of the Ministers of Finance, Anaÿ development, Competitiveness and Shipping and Infrastructure b. At the end of paragraph 3 of article 187 P.C. the of Transport and Networks, the characteristics are determined following paragraph is added: writings and regulate the issues of installation of input- "The same penalty applies to the member of the organization output control systems, tracking systems, as well as the connection if at the time of the commission of the crime of procedures, terms and conditions of the installation, for the second subparagraph of the first paragraph he was a each type of fuel, of the tax electronic mechanisms, the civil servant or employee within the meaning of article exact implementation schedule and any re- 263a." c. At the end of paragraph 6 of article 187 P.C. the great detail." following paragraph is added: 8. a. Paragraph 9 of article 147 of Law 2960/2001 is "An aggravating circumstance also constitutes the replaced as follows: commission of the act of the last paragraph of the first par- "9. In case of non-registration or overdue etc of a document whose material object is crude oil or registration or inaccurate registration of heating oil another petroleum or energy product." transactions in the Paÿ Information System 10. The violations that were foreseen as independent, monitoring of Heating Oil, within the time period according according to the provisions of cases m', n' and j' of to article 73 paragraph 2 letter a' of this law, subject to the paragraph 8 of article 5 of Law 2523/1997 (ÿÿ179), which provisions on smuggling, a fine of one hundred (100) were repealed from 1.1.2011, with the provisions of euros is imposed per tax item. paragraph 7 of article 5 of Law 3899/2010 (Aÿ 212) and were committed until 31.12.2010, for which the relevant According to the above, an inaccurate statement which was decisions have not been issued by the heads of the Public re-entered corrected in the above system by a member of Financial Services fine or these decisions have been issued and at the time DIPETHE, within the stipulated period, does not constitute a violation. nes from Article 5 paragraph 1 of Law 3899/2010 deadline." of entry into force of the provisions herein, they have not been definitively terminated by administrative resolution b. The provisions of paragraph 9 of article 147 of Law of the dispute, regardless of the time between 2960/2001, as replaced by the previous subparagraph of of their credit, are considered general violations and one this paragraph, apply (1) single fine is imposed, per management period, based guarded against smuggling on the category of books that were kept Machine Translated by Google 2420 GOVERNMENT GAZETTE (ISSUE ONE) on the first day of the management period to which the institution, agency or person who requested to receive it they refer, with a weighting factor (S.B.), as the case and only for the reason stated in his request." may be, as follows: a) For the non-submission of data, for the oil transactions b. In paragraph 1 of article 23 of Law 3427/2005 (Aÿ 312), of paragraph 7 of article 20 of the K.B.S. (p.d.186/1992), after the third paragraph, the following paragraphs are added : S.V. = three (3). b) For the overdue submission of data, for the oil "From the year 2012 onwards, the statement of real estate transactions of paragraph 7 of article 20 of the C.B.S., as data is submitted individually by each physical project well as the inaccurate submission of these in terms of person, in the year in which such obligation arises. For the quantity, S.B. = two (2). immovable property of the protected persons, according to c) For the non-submission or late submission of the copies the provisions of article 7 of the Income Tax Code of the tax documents, for the companies of minor children, the declaration is submitted by the liable oil changes of paragraph 7 of article 20 of the K.B.S., parent in the name of the child." regardless of whether this omission concerns one or more of 3.a. Paragraph 3 of article 34 of Law 3842/2010 (A' 58) is them, the S.B. = one (1). amended as follows: The above apply on the condition that the amount of the "The declaration of natural persons is compiled mechanically fine, provided for by the provisions of this registers from the Ministry of Finance, separately by natural tes, is not greater than what would result, based on the person, from the declarations of real estate data of the previous provisions. debtors." 11. The provisions referred to in the previous b. The provisions of this paragraph apply from 1.1.2010. paragraph are also applied to the violations for which the discussion of the appeal against them is pending 4.a. In case e' of paragraph 1 of article 31 of the Income before the administrative courts and the S.t.E., as long asTax Code, ratified by law 2238/1994 (ÿÿ151), a new they see more lenient treatment. For the cases paragraph is added which reads as follows: pending before these courts, the concerned may, with their application, submitted to the "Also, the following taxes, fees and contributions borne by competent head of the Public Financial Service, within a the company are not deducted: aa) capital gains tax due to deadline of sixty (60) days from the publication of this, revaluation of the assets request the administrative resolution of the dispute based on items provided for by paragraph 3 of article 24 of Law the provisions in question, following the procedure of the 2065/1992 (Aÿ113), bb) the real estate tax of paragraph 2 of n.d. . 4600/1966 (A' 242). Article 50 of Law 3842/2010 (Aÿ 58), cc) the single property fee of the country 12. During the application of the provisions herein, amounts paragraph 3 of article 15 of Law 3634/2008 (Aÿ 9), dd) the of fines that have been paid are not refundable application fee of Article 31 of Law 3986/ 2011 (Aÿ152), ee) they are heard. the extraordinary special fee of electrified structured surfaces 13. The services of the Economic Crime Prosecution of Article 53 of Law 4021/2011 (A' 218), gz) the extraordinary Service have free access to the System levy of the fifth article of Law 3845/2010 (A' 65), h) the of Import Control ICSÿ1, in the ECS Export Control System extraordinary levy of Article 2 of Law 3808/2009 (A' 227) and and in the E.F.K. Product Movement Monitoring and Control i) the extraordinary real estate levy of article 3 of Law System. EMCS, which are applied in the Greek Territory by 3808/2009." virtue of Regulations (no) 648/2005 and (EC) 684/2009. With b. The provisions of this paragraph are effective from the fromÿ entry into force of the corresponding mentioned provisions. phase of the Minister of Finance is regulated every time necessary detail for the application of this paragraph. 5. At the end of article 59 of Law 2238/1994 add a new paragraph 8 is inserted as follows: "8. By joint decisions of the Ministers of Finance and Labor Article 321 and Social Security, which publish Amendments to laws 1078/1980, 1882/1990, are published in the Government Gazette, the author is defined 3842/2010, 2238/1994, 3427/2005, 4002/2011, as well as the content of the temporary VAT declaration 4014/2011, 4015/2011 and 4038/2011 which, in addition to the gross amounts, the tax and the 1. Case c of paragraph 3 of article 1 of Law 1078/1980 (A' amount of the special solidarity contribution of article 29 of 238), as amended by paragraph 1 of article 21 of Law Law 3986/2011 which was withheld from certain categories 3842/2010 (A ' 58), is replaced as follows: of debtors in the previous calendar of the month, may also include the due social security "c) the citizens of the European member states contributions that correspond to the above gross earnings Union and the European Economic Area. and in general every other relevant issue concerning the 2.a. In paragraph 3 of article 26 of the 1882/1990 law submission of these statements is regulated." (Aÿ 43) the penultimate paragraph is added as follows: "Information through an electronic service for the tax 6.a. The second paragraph of paragraph 1 of article 61 of awareness of natural or legal persons or associations of Law 2238/1994 is replaced as follows: persons, as defined in the previous paragraph, has the status "Excludes the natural person, who acquires from of proof of tax information annual income based on the provisions of article 16 up to rarity, which can only be used by five thousand (5,000) euros." Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2421 b. The fifth paragraph of paragraph 1 of article 61 of "b) Of the Directorate and Departments A - Planning, Law 2238/1994 is replaced as follows: Management and Control of Economic Programs "Especially, in the case of natural persons, who of Adaptation, B - Monitoring of the Application exclusively obtain income from hired services of the Economic Adjustment Programs implemented by entities, they are required to submit a declaration if their services outside the Ministry of Finance and Cÿ - Monitoring annual taxable income exceeds the amount of five thousand the Implementation of the Economic Adjustment Programs (5,000) euros, as long as they have their residence in implemented by services of the Ministry of Economy Greece and one of the cases a', e', f', h' does not apply and j' of this paÿ some are headed by employees, PE category, of all scribe." branches of the Ministry of Finance. Of Department D - c. The provisions of this paragraph apply to incomes Secretarial and Administrative Support is headed by a PE acquired from 1.1.2011 onwards. or TE category employee. The placement of the heads of the Directorate and the 7. The first paragraph of paragraph 1 of article 70A of Law Departments is carried out by the sole decision of the 2238/1994 is replaced as follows: Minister of Finance. The employees who place "1. It is recommended to the General Directorate of Tax are supervisors by the decision of the previous paragraph, Audits and Collection of Public Revenues of the Ministry of they must have at least grade D, a master's degree and of Finance, a five-member Committee consisting of a excellent knowledge of at least one (1) of the working former judicial official or former official of the Legal languages of the European Commission (English, French, Council of the State as President, two employees with German). at least grade B of the Central Service of the Ministry 10. The administrative solutions issued by the foÿ of Finance, one employee addresses of the Central Service of the Ministry of Finance, a member of the Economic Crime Prosecution Service, a either in the form of circulars or individual responses, are head of an organizational unit at Directorate or Sub- posted on the internet, simultaneously with their processing, Directorate level and a representative of the Association of after prior Businesses and Industries (S.E.B.)." therefore the data of the taxpayers, as well as any answers, 8. The provisions of article 77 of Law 2238/1994 against will be deleted from the individual answers they become as follows: deferred tax amounts. "1. Private documents for the lease of urban real estate , 11. a. Paragraph 3 of Article 15 of Law 4015/2011 (Aÿ regardless of the amount of rent or agricultural real estate, 210) is replaced since it came into force as follows: as long as the rent is higher than one hundred (100) euros "3. Shopping for used farm equipment per month, are submitted using modern e- and production by SAOs have the same tax treatment as electronic methods and network infrastructures by the lessor the State". or the lessee, within the next month from their drawing up. b. Paragraphs 6 and 11 of article 15 of Law 4015/2011 are repealed since it came into effect. 2. The documents of the previous paragraph if 12. If the General Secretary of the General Secretariat of if they have not been submitted, they lack any evidentiary force and are not examined by the courts and general public Tax and Customs Affairs of the Ministry of Finance, who authorities. They also lack evidence presides over the State Lotteries Administration Committee of force and the copies, with which it agrees (n.n. 339/1936ÿ) is absent a lease other than that specified in the lease document. Aÿ512), in place of the President of the aforementioned Committee, the General Secretary or Special Secretary presides 3. If property ownership is transferred, the new owner let of the Ministry of Finance designated by the Minister of is jointly and severally liable with the predecessor for the Finance, with the decision to appoint the members of the payment of the tax of the three (3) years prior to the transfer, Committee or Head of General Directorate proportionate to the income of the property transferred of the Ministry of Finance, which is defined by the same decision. was entered and results from the registration that exists on 13. Paragraph 9 of Article 7 of Law 4038/2012 (A' 14) is the day of the transfer. The notaries are obliged to remind replaced as follows: the contracting parties of this provision and to state this "9. On public limited companies, the shares of which explicitly in the contract of sale. belong, either to the "Private Environment Development Fund". of the essence of the Public S.A.", or in the Greek State, 4. Those who do not submit the lease documents yet since in their General Assembly this is represented by the of thread or they submit them late, as well as the co- "Private Asset Utilization Fund of the State S.A.", and they notaries who do not apply the provisions of the previous are not listed in paragraph, are subject to a fine defined by paragraph 1 of support market, the provisions of the law apply. 2190/1920, article 4 of Law 2523/1997. in derogation of Law 3429/2005 (A' 34), Article 42 of Law 3943/2011 (A' 66) and the relevant provisions of their By decision of the Minister of Finance , the manner, statutes." time and procedure may be determined 14. In paragraph 1 of article 65 of Law 2362/1995 shooting and every other detail for the application (A' 247) added case d' which reads as follows: of these provisions." "d. Warranties provided in corporate cases 9. Subparagraph 3b' of article 23 of Law 4002/2011 (A' in order to ensure the provision of services of public interest 180) is replaced as follows: by companies whose Machine Translated by Google 2422 GOVERNMENT GAZETTE (ISSUE ONE) majority of the share capital belongs to Greece for the taxable profits of past years that have been formed victorious State." by limited liability companies until December 31, 2010." Article 322 7. Paragraph 1 of Article 16 of Law 3943/2011 (Aÿ 66) is Business Transformations – replaced as follows: Taxation of shares "1. The provisions of paragraph 2 of article 9 of Law 1. The provisions of article 1 of n.d. 1297/1972 (Aÿ 217) 2579/1998 (A' 31) and paragraph 2 of Article 27 of Law are replaced as follows: 2703/1999 (A' 72) continue to apply "The provisions of the present are applied temporarily for shares listed on the Athens Stock Exchange merger or conversion of companies, of any form, into (AHS) or in a foreign stock exchange or in another a joint-stock company or for the purpose of establishing internationally recognized stock exchange institution, as the a joint-stock company, as well as on the merger or case may be, which have been acquired up to and including conversion of companies, of any form, if December 31, 2012. For the above shares acquired from as long as they do not include an anonymous company, a January 1, 2013 onwards, they apply exclusively the limited liability company or for the purpose of establishing a provisions of paragraphs 3 and 4 of article 38 of the C.F.E." limited liability company." 2. The provisions of the previous paragraph apply 8. The first paragraph of paragraph 3 of the article from the expiration time provided by the superseded 38 of Law 2238/1994 is replaced as follows: provisions. "3. The profits obtained by natural persons or companies 3. Article 12 of the n.d. 1297/1972 ceases to apply to that keep books of the second category of the K.B.S. from mergers or conversions of companies that the sale of shares listed on the A.H.E. at a price higher than are made in accordance with the provisions of the legislation their acquisition price, foÿ of it from the publication hereof onwards. Also, paragraph are clocked with the general provisions, when these shares 11 of article 7 of Law 2386/1996 (ÿÿ43) ceases to apply for are acquired in any way from January 1, 2013 onwards." business transformations operations carried out in accordance with the provisions of 9. The first paragraph of paragraph 4 of the article articles 1 to 5 of Law 2166/1993 (Aÿ 137). The previous 38 of Law 2238/1994 is replaced as follows: paragraph covers transformations for the realization of "4. The profits from the sale of shares listed on the A.H.E. which transformation balance sheets are drawn up from the at a price higher than their acquisition price, who acquire publication hereof. businesses of any form with books of the third category of the K.B.S. are taxed according to the general provisions, 4. At the end of paragraph 3 of article 2 of Law 2166/1993 when these shares are acquired (Aÿ 137) the following paragraph is added : in any way from 1 January 2013 onwards.' "Especially for the damage of past uses of the property 10. Paragraph 5 of article 16 of Law 3943/2011 (Aÿ 66) is absorbing company or limited company replaced as follows: liability, the provisions of paragraph 3 of article 4 of the "5. The provisions of paragraphs 1 and 2 of article 38 of C.F.E. continue to apply." the Income Tax Code continue to apply to shares listed on 5. The provisions of the previous paragraph apply the are used for absorptions for the realization of which Athens Stock Exchange or on a foreign stock exchange and transformation balance sheets are drawn up which have been acquired up to and including December 31, from the date of publication hereof. 2012." 6. A paragraph is added to Article 109 of Law 2238/1994 Article 323 paragraph 6 which reads as follows: "6. When a joint-stock company is converted into a person Settings of Greek subjects Statistical Authority (EL.STAT.) private company, in the already taxed profits that exist stand at the time of the conversion, the amount defined by 1. A new paragraph 5 is added to Article 1 of Law the provisions of paragraph 1 of article 54 of the C.F.E. is 3832/2010 (Aÿ 38) , with a corresponding numbering of the following imposed at the expense of the legal entity. tax. Also, when paragraphs, as follows: the company conversion is limited "5. During the development, production and dissemination liability in a personal company is published in the Government of the statistics, the EL.S.S. bodies apply the koÿ Gazette, the tax defined by the provisions of case d' of right of good practice for European statistics, as always paragraph 1 of article 55 is imposed. The amount of tax applicable.' owed is paid once, within the next day from the end of the 2. After article 3 of Law 3832/2010, a new article 4 is year added, with a corresponding renumbering of the following draw of the month conversion, with the withholding tax articles 4 to 12, as follows: return forms in accordance with the above tax provisions. "Article 4 The provisions of the previous subsection also apply to the Good Practice Advisory Committee tax-free reserves that have been formed due to production 1. An independent advisory committee consisting of five members is hereby established, as follows: investments based on development law, as well as from tax- a) a member nominated by the Parliament, free income or independent taxation b) a member nominated by the European Statistical Office fixed incomes. The above does not apply (Eurostat), Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2423 c) a member nominated by the European Statistical 4. In the first paragraph of paragraph 6 of article 5 (which Governance Advisory Body (ESGAB); before the above renumbering had the number 4) of Law 3832/2010, the word "March" is replaced by the word "May". d) a member nominated by his Committee European Statistical System (ESSC) and 5. At the end of paragraph 1 of article 10 (which before the e) a representative of the Data Protection Authority above renumbering had the number 9) of Law 3832/2010, a of a Personal Character. paragraph is added as follows: 2. The task of the committee is exclusively to draw up an "EL.STAT. has a distinct legal personality and appears annual report on the implementation of principles 1-6 independently in all kinds of trials that have as its subject its (institutional framework) of the Code of Good Practice for rights or obligations, as well as its acts or omissions." European statistics in the Greek Statistical System. The committee submits its report to the Parliament after informing 6. Paragraph 7 of article 11 (which before the above the European Advisory Body on Governance in the field of further enumeration brought the number 10) of Law 3832/2010 Statistics is repealed. attitude. The committee's report is advisory in nature. The 7. The last paragraph of paragraph 1 of article 12 (which committee has no responsibilities regarding the administration before the above renumbering had the number 11) of Law and organization of EL.STAT. and regarding the collection, 3832/2010 is repealed. production and dissemination of EL.STAT statistics. 8. At the end of paragraph 2 of article 12 (which before the above renumbering had the number 11) of Law 3832/2010, a 3. The members of the committee are chosen from among the participants paragraph is added as follows: experts with exceptional ability and national and/or international "The Regulations may provide that the specialization of its professional experience in the fields mentioned provisions may be done by decisions of the President of in the Code of Good Practice for European Statistics. EL.STAT. or with cooperation agreements with the bodies of the EL.S.S.S., as well as the publication of these decisions on 4. The chairman of the committee is appointed by vote the website of EL.STAT., without requiring its publication. among its members. 5. The chairman participates in the meetings of the committee 9. Article 13 (which before the above renumbering had the headquarters of EL.STAT. without a vote. number 12) of Law 3832/2010 is replaced as follows: 6. The members of the committee are appointed for a two- year term by decision of the Minister of Finance. 7. The committee's annual report is made public after it has "Article 13 been submitted to the Parliament. President of EL.STAT. 8. The bodies of the Hellenic Statistical System provide the 1. The President of EL.STAT. is chosen by the Conference committee with the information it requires opinion of the Presidents of the Parliament, with a recommendation of the Undersecretary for the execution of its work after its application submitted to of Finance, after a public announcement, with a four-fifths (4/5) the highest administrative body of the respective institution. majority of its members. 9. The members of the committee are obliged not to 2. Exclusive selection criterion in place of Proÿ cover information accessed through committee procedures if head of EL.STAT., is the high scientific Ms they are informed by the relevant body that the information in qualification, with academic or professional specialization in the subject of statistics or related fields or in a subject related question is justifiably confidential. to the subject of statistical research and studies. In addition, 10. The members of the committee may be removed before Proÿ the end of their term only for an important reason related to the headquarters of EL.STAT. must have a doctoral degree. execution of the committee's work. 11. No remuneration is paid to the committee members 3. After his selection by the Conference of Proÿ stage seats of the Parliament, according to what is mentioned in 12. The technical and administrative support of the committee paragraph 1, the President of EL.STAT. appointÿ are provided by EL.STAT. in a way that ensures the for a five-year term, by decision of the Minister of Finance, independence of the committee. The operating expenses of which is published in the Government Gazette. His term of the committee are borne by the budget of EL.STAT. office may be renewed only once, with the same decision and the same procedure 13. The commission shall be appointed for two years from its co. It is not allowed to re-appoint as President of EL.STAT, a first establishment, at which time its role and effectiveness shall person who has been removed from this capacity. be reviewed.' 3. Paragraph 1 of article 5 (which before the 4. Paragraphs 4, 6 and 8 of article 3 of Law 3051/2002 (Aÿ further numbering carried the number 4) of Law 3832/2010 is 220) are also applicable to the President of EL.STAT." replaced as follows: "1. EL.STAT., following the opinion of SY.EL.SS., approved 10. Article 13 of Law 3832/2010 is repealed, without every three years the Greek Statistical Program (EL. renumbering the following articles. S.P.). The EL.S.P. shall be approved by the end of March of 11. Article 14 of Law 3832/2010 is replaced as follows: the year preceding its application." Machine Translated by Google 2424 GOVERNMENT GAZETTE (ISSUE ONE) "Article 14 m) He may transfer his powers to other bodies of EL.STAT. Powers of the President and to authorize EL.STAT bodies by decision. to sign "by order of the President" documents or other acts by decision 1. The President of EL.STAT. is the highest organÿ of EL.STAT., exercises all its responsibilities and is responsible published on the website of EL.STAT. without requiring another for its orderly operation for the fulfillment of its purposes in publication accordance with the provisions of national and European their ease. legislation, the Code of Good Practice for European statistics n) Exercises any other competence of EL.STAT. provided and the best international statistical practices . for by the law and the Regulation of Operation and Management of EL.STAT. The President of EL.STAT. in particular it has the following 2. In case of his absence or obstruction, the Proÿ powers: seat is replaced in the performance of all duties a) approves the EL.S.P., in his presence by the General Director of Statistical Research, b) draws up the Regulation of Statistical Obligations and in the event of his absence or disability, by the General of the institutions of the EL.S.S. and Regulation Leiÿ Director of Administration and Organization Work and Management of EL.STAT., connection." c) draws up the annual statistical program 12. Article 15 of Law 3832/2010 is replaced as follows: gas of EL.STAT. and the evaluation report of the statistical program of the previous year, d) decides on the imposition of administrative sanctions, acc "Article 15 according to articles 9 and 12 of this law, Guarantees of independence ÿ Obstacles e) makes the decisions regarding the statistical methods, 1. The President of EL.STAT. he enjoys personal standards and procedures, as well as the content and timing independence by committing himself to the exercise of Ms of the public of his duties from the respective written provisions. The of statistical data, regarding the transmission of the official President of EL.STAT. it is mandatory for everyone statistics of the EL.S.S.S. to the European Statistical Service in full and exclusive employment. (Eurostat) and more generally regarding the transmission, 2. The President of EL.STAT. may be terminated, by decision submission or disclosure of statistics in the context of European of the body that appointed him, due to incapacity and international statistical cooperation. an exercise of his duties due to an obstacle, disease or disability or for an important reason concerning the performance f) He is responsible for the coordination of all actions of his duties, such as in particular the foundations of the other bodies of the EL.S.S. which fromÿ coverage of confidential matters, of which he became aware they are responsible for the development, production and during the exercise of his duties, or Ms dissemination of the country's official statistics, as well as for abuse of his position for his own, personal or commercial gain. the implementation of the national statistical quality assurance The reasons for termination must not jeopardize his professional framework . and scientific independence. g) Can decide to carry out any kind of statistical research, censuses and studies, in addition 3. By decision of the Minister of Finance one of those provided for in EL.S.P. and in the annual statistical all types of remuneration of the President of EL.STAT." work program of EL.STAT. h) Represents EL.STAT. judicially and extrajudicially, 13. Paragraph 2 of article 16 of Law 3832/2010, before the Courts, every Authority and third parties. is replaced as follows: The President of EL.STAT. can assign the ex- "2. The budget of EL.STAT. it includes all the funds necessary her silence to the Legal Advisor of EL.STAT. or to an employee to make high quality statistics available to users in accordance of EL.STAT. with all national and European obligations. The budget of i) Heads the services of EL.STAT., coordinates and directs EL.STAT. is recommended to the Minister of Finance by the their operation, provides the services President of EL.STAT, who is also the authorizing officer of its official orders for the execution of any action concerning the expenses. By decision of the President fulfillment of EL.STAT's mission. and sets up working groups from the specialized scientific or other staff of EL.STAT. also it is possible to register or increase credits in the defining their object. budget during the financial year of EL.STAT. with an equal reduction of other budget j) He is hierarchically and disciplinary in charge of the person appropriations. The execution of the budget is monitored by of EL.STAT. and takes care of the formation and operation of the Committee of the Account and the General Balance of the the Service and Disciplinary Council, in accordance with the State and control of the execution of the State Budget, as written provisions. defined by the Regulation of the Parliament. k) Draws up the annual budgets calculations and balance sheets of EL.STAT. EL.STAT. has an obligation to keep accounts that include l) He is responsible for every matter concerning the the results of use and the balance sheet, as specifically defined domestic operation and financial management of EL.STAT. in the Operation and Management Regulation. The control of and undertakes as the authorizing officer of the expenses of financial data and annual accounts EL.STAT. the obligations against its budget appropriations. and financial statements is made by two (2) Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2425 chartered accountants. These data and the economy Article 324 These statements are published in the Government Gazette Approval of the Draft Settlement Agreement withÿ and on the website of EL.STAT. The accounts and the among the Hellenic Republic and the companies report of EL.STAT. subÿ Siemens AG and Siemens AE they are subject to the preventive and punitive control of the 1. The Draft Compromise Agreement is approved withÿ Court of Auditors. among the Hellenic Republic and the companies 14. Paragraph 3 of article 16 of Law 3832/2010 Siemens AG, based in the city of Munich in the Federal is replaced as follows: Republic of Germany and Siemens AE, based in the "3. Any issue related to the financial management of Municipality of Amaroussi in the Prefecture of Attica, such EL.STAT., in particular regarding the accounting plan as this Plan with the attached documents it applies, the type, structure and content its sections in the English language and in their translation of the accounts and books it keeps, the approval and into the Greek language are attached to this law as Annex liquidation of its expenses, the issuance of money orders as XI. well as prepayment money orders, the method of payment 2. The Minister of Finance is given the authority of expenses, cash management, the payment of money donation to represent the Hellenic Republic and to sign the orders, the management of funds, the control of financial Compromise Agreement, in accordance with paragraph 1 management, all kinds of contracts (i.e of this article. Article 325 as supply of goods, assignment of execution of works, Arrangements for the Pre-Deposit Fund provision of services, lease, rental, purchase or sale of real and Loans estate), as well as regarding financial grant and the distribution of the costs of each account 1. The Deposits and Loans Fund may assign, in authority and every necessary detail are regulated in the accordance with the current provisions on public procurement Regulation of Operation and Management of EL.STAT. Until and the Public Procurement Agency, the execution of the the issuance of the Regulation of Operation and Management project of guarding the housing buildings managed by EL.STAT. the provisions of public accounting of its services, as well as making remittances to special are applied." safekeeping and remittance companies. 15. In paragraph 1 of article 20 of Law 3832/2010, the phrase "following the opinion of EL.STAT." is replaced by 2.a. One or more natural or legal persons may establish the phrase "following the proposal of EL.STAT." special purpose accounts in the reserved sector of the 16. The last paragraph of paragraph 2 of art Deposits and Loans Fund , for the Fund, for a fee and in Article 20 of Law 3832/2010 is replaced as follows: accordance with certain conditions, to execute in particular "By decision of the President of EL.STAT. may also be legal arrangements or special agreements between them assigned to the Department of Research and Studies or to executives who serve in it and are designated for this or removal of disputes on movable or immovable property purpose by the President, the preparation of socio-economic or smooth completion of a specific contract between them shift. small studies, independently or in collaboration with other service units of EL.STAT. or with other bodies, as well as b. By decision of the Minister of Finance the purposes of the accounts, the necessary conditions for the execution of any other work within the framework of the concluding the contracts related to the accounts of the competences of EL.STAT." parties with the Deposit and Loan Fund and the other 17. In paragraph 4 of article 20 of Law 3832/2010 , the implementation details of the previous sub-paragraph. words "in accordance with Article 11 of Law 1649/1986 (ÿÿ 149)" are deleted and a paragraph is added at the end of the paragraph as follows: Article 326 "The Legal Advisor is hired following a notice, which Regulation of matters of the Legal Council of the State defines the criteria, the requirements and other provisions soda and the terms of remuneration and cooperation." 1. Article 3 of Law 3900/2010 (Aÿ 213) and Article 110A 18. In article 23 of Law 3832/2010, the existing paragraph of the p.d. 1225/1981 (A' 304), as added by article 70 of 6 is renumbered to 7 and a new paragraph 6 is added as Law 4055/2012 (A' 51), are repealed. The provision of the follows: previous paragraph also applies to appeals pending at the "6. Paragraph 4 of Article 14 of Law 3470/2006 and time this entry into force . Paragraph 12 of Article 21 of Law 3144/2003 are supplemented as follows: 2. Paragraphs 2, 4 and 6 of article 61 of the n.d. 86/1969 "The Hellenic Statistical Authority (EL.STAT.) is allowed (Aÿ 7) are replaced as follows: to assign with a project lease contract, for "2. The objection against the protocol of administrative deÿ judged project, in corporate and individual enterprises or, action is brought against the State or against the legal for a certain period of time and not exceeding eight months, entities of par. 1, to which the area on which the illegal to natural persons the provision of services action is attempted belongs and from such as material transport, machine handling and related is filed in the single-member court of first instance of the location work and other non-required services of the property." are expressly referred to herein, to serve needs arising from "4. Against the decision of the single-member first court its activities.'' there is no legal remedy. In case of Machine Translated by Google 2426 GOVERNMENT GAZETTE (ISSUE ONE) which, the decision that is issued annuls the original legal aid, may, upon relevant request collo, for reasons concerning the ownership or jurisdiction of depending on the solvency of the beneficiary or the other the estate, the objector must bring a regular action within guarantees offered or deemed necessary to reduce the ninety days from the grant amount of the letter of guarantee up to one second. of the decision, otherwise the protocol is included is in force and is executed. In this case, the provision of If the exercise of the remedy is not subject to a time limit, article 8 of the law does not apply. 1539/1938, which was the enforceable title can be executed without a guarantee, kept in force by article 52 c. 18 Ins. after the impractical lapse of 90 days from its service. N.K.Pol.D." "6. The objection does not suspend the execution of the order The letter of guarantee is issued in favor of the service abortion fee, but the single-member front can responsible for the payment, and is returned upon the court to suspend execution, at the request of the objector, presentation of an irrevocable certificate until the issuance of a decision on the objection." of, in favor of the debtor's opponent, the resolution of the 3. The tenth and eleventh paragraphs of article 115 of the dispute or the non-initiation of a remedy or assistance 11/12.11.1929 decree "on the administration of within the deadline provided by law." estates" (A' 399), which were added by par. 1 of article 20 of the a.n. 1540/1938 (Aÿ 488) and replaced by par. 1 of article 6. At the end of paragraph 1 of article 57 of Law 3086/ 6 of a.n. 1331/1949 (Aÿ 330), are replaced as follows: 2002 (Aÿ 324) the following paragraphs are added: "It is prohibited to assign administrative employees of the "The competent court to adjudicate the appeal is the single- NSK, pursuant to a general or special provision, to another member court of first instance of the location of the estate. Service, authority, body, N.P.D.D. or N.P.I.D.” There is no right of appeal against the decisions issued . If 7. Paragraph 7 is added to Article 6 of Law 3086/2002 (Aÿ the decision issued hereÿ 324) as follows: cancels the protocol for reasons related to the ownership or "7. Provisions of laws with subsequent entry into force jurisdiction of the estate, the obligor of the validity of this law, which henceforth provide for the must bring a regular action within ninety days from the delegation of powers to the NSK, apply if: 1) an opinion service of the decision, otherwise the protocol of the Plenary Session of the NSK has been issued in remains in force and in force. In this case, the provision of this regard. and 2) by decision of the same General Assembly article 8 of the law does not apply. 1539/1938, which was due diligence, it is established that the conditions necessary kept in force by article 52 c. 18 of the Ins.N.K.Pol.D. for their implementation are met." 8. In the first paragraph of paragraph 1 of article 228 of the Where the provisions of this article refer to Code of Administrative Procedure (law 2717/1999, Aÿ 97), tai "Chairman of Primary" or "Chairman" or "Peace Minister". kis" means the "Single Member Court of First Instance". after the words "the act is suspended" add 4. Paragraph 5 is added to Article 20 of Law 3086/2002 words are inserted as follows: ", as regards the lenders (Aÿ 324) , as follows: whose classification is affected, ". "5. During the trial at first instance of the appellants 9. In the first and second paragraphs of case a' of of: a) par. 2 of article 24 of Law 2224/1994 (A ' 112), b) par. paragraph 2 of article 3 of Law 2318/1995 "Code of Judicial 2 of article 16 of Law 2639/1998 (A' 205) and c) of par. 6 of Commissioners" (A' 126) instead of the words "thirty-fifth" the article 24 of Law 3996/2011 (A' 170) , the Greek State is word "tessa- represented by the Head racosto". member of the agency that issued the contested act imposing 10. Cases b and c of paragraph 2 of a fine or an employee legally authorized to do so of article 3 of Law 2318/1995 are replaced as follows: commissioned by him. For the representation informÿ "b) he is a graduate of a law school of his country asks the Central Service of the Legal Council of the State. university or equivalent foreigner, recognized by law. The competent Service may request , with justification, in a specific case the appointment as a representative of a c) has completed six (6) months of legal practice member of the NSK. Against the decisions issued, an appeal curator, in accordance with the provisions set out in particular is filed by a member of the Legal Council of the State, in article 6 hereof and" following a reasoned document from the Administration, to 11. Paragraph 2 of article 2 of Law 2318/1995 is repealed. which the file of the case is attached." 12. In paragraph 12 of article 3 of Law 2318/1995 5. At the end of paragraph 1 of article 4 of Law 3068/2002 after case d', a paragraph is added as follows: (ÿÿ274) the following paragraphs are added: "Registered trainees before May 8, 2012 can participate in "The execution of court decisions or other ex- of stolen securities, which are subject to legal remedies or boÿ the competition for the next three years." assets and from which the financial obligation of the State derives, is carried out after presentation by the beneficiary of 13. In the first verse of the first verse of the paÿ an equal amount of guarantee paragraph 1 of article 3 of Law 4043/2012 (Aÿ 25) ethical letter of the Bank. the words "be executed neither" are missing and in the fourth The court that issued the enforceable decision or the court verse instead of the words "made irrevocable" what in which its trial is pending the word "issued" is inserted. Machine Translated by Google GOVERNMENT GAZETTE (ISSUE ONE) 2427 CHAPTER III Concession of the port facilities of the pro- terminals II and III of the container station of the Piraeus Article 327 Port Organization S.A. (PPA S.A.), signed in Piraeus Ratification of the Private Agreement on July 26, 2011, after Amendment of the Concession Agreement from one of the Joint Stock Company under the name of port facilities "Piraeus Port Authority S.A." and on the other hand of of projections II and III the Limited Company with the name "Embo Station". of the container terminal of Piraeus S.A., with the attached annexes of Piraeus Port Organization S.A. its sections in the English language and in their The Private Agreement is sanctioned and becomes law translation into the Greek language, which are attached voice Amendment of the Agreement from 25.11.2008 to this law as Appendix XII. 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