Read the law governing all uses, activities, and interventions on beaches and the foreshore. On Kythira, the beaches and the foreshore are managed by the Kythira and Antikythira Local Property Committee.
Law 2971/2001 – Government Gazette A-285/December 19, 2001 (Consolidated)
Current consolidated version: February 2, 2021. The Codified Act was published as a consolidated text incorporating the subsequent amendments to the provisions of Law 4770/2021 – Government Gazette 15/A/January 29, 2021
Shoreline, beach, and other provisions.
Article 1
Definitions
1. «Aigialos» is the strip of land that is washed by the sea by its highest and most frequent waves.
2. «Beach» refers to the strip of land adjacent to the foreshore, and is defined as having a width of up to fifty (50) meters from the boundary line of the foreshore, to facilitate access between the land and the sea and vice versa.
3. «Old shoreline» refers to the strip of land that resulted from the movement of the coastline toward the sea, whether due to natural sedimentation or engineering works, and is defined by the new shoreline and the boundary of the previously existing shoreline.
4. The «shore» of large lakes and navigable rivers is the land area that surrounds them and is bathed by the highest but normal rises in their water levels.
5. The «riparian zone» of large lakes and navigable rivers is the strip of land adjacent to the shore, subject to the conditions set forth in paragraph 2, which is defined as having a width of up to fifty (50) meters from the landward edge of the shoreline.
6. «Old Bank» of large lakes and navigable rivers is the strip of land that resulted from the shifting of the shoreline of large lakes and navigable rivers.
7. «Port» refers to a land and sea area, together with structures and equipment, designed primarily to accommodate all types of watercraft and recreational vessels, and to facilitate the loading and unloading, storage, receipt, and forwarding of their cargo, the servicing of passengers and vehicles, and the development of business activities directly or indirectly related to maritime transport.
8. «Port projects» are those that are carried out in their entirety
or partially on the foreshore, the riverbank, the beach, or the riparian zone; in the sea, on the seabed and in the subsoil of the seabed, as well as those that result in the modification or alteration of these areas or that are provided for by the provisions concerning Port Funds.
9. «Port management and operating entity» means any public entity, local government entity, private entity, or mixed-ownership entity that is, by law, responsibility for the administration and operation of a port.
Article 2
Ownership of the foreshore, beach, riverbank, and riparian zone, and their use
1. The foreshore, the beach, the shoreline, and the riparian zone are public resources and are owned by the State, which protects and manages them.
2. The protection of the ecosystem in these areas is the responsibility of the State.
3. The primary purpose of these zones is to ensure free and unimpeded access to them. As an exception, the foreshore, the beach, the riverbank, and the riparian zone may be used for public environmental and cultural purposes and for the purposes specified in paragraph 1 of Article 13, as well as to serve the overriding public interest.
4. On the foreshore, the beach, the riverbank, and the riparian zone, the construction of buildings and structures in general is not permitted, except for the purposes mentioned in the preceding paragraph.
5. The old foreshore and the old riverbank are part of the State’s private property and are registered as public lands.
Article 3
Committee for the Delimitation of the Shore and Beach
1. The boundaries of the foreshore, the beach, and the former foreshore are determined by a committee established at the prefectural level by decision of the Minister of Finance and composed of: a) the head of the Land Registry Office as chair, b) an engineer from the Land Registry Service specializing in surveying or civil engineering, or, if none is available, a surveying engineer; and in the event that the Land Registry Service does not have an engineer with the aforementioned specializations, an engineer from the Technical Service of Municipalities and Communities (T.Y.D.K.) or another government agency shall participate in the Committee; c) the competent Port Captain; (d) the director of the Urban Planning Directorate of the Prefectural Administration; (e) the director of Spatial Planning and the Environment of the General Secretariat of the Region.
In exceptional cases, following an assessment of the facts, the Minister of Finance may appoint a second committee.
2. An employee of the Land Administration Service is appointed as Secretary of the Committee.
3. The Committee meets, upon the Chair’s invitation, regularly once a month and on an extraordinary basis, in order to meet the deadline set forth in paragraph 3 of Article 5, either during public service hours or at another time. The Chairperson presents the agenda to the Committee.
4. The compensation of the members of the Commission is determined by a decision of the Minister of Finance.
Article 4
Specifications and Diagrams
1. The boundary line of the foreshore is delineated by the Committee referred to in Article 3 as a polygonal line that most closely approximates the actual natural line and is shown in red on the relevant diagram. The boundary lines of the beach and the former foreshore are shown in yellow and cyan, respectively. The vertices of the polygonal lines have rectangular coordinates based on the country’s triangulation network.
2. The survey is conducted on a cadastral topographic map with a scale of at least 1: 1,000, on which the boundaries of the individual properties included and their presumed owners are also depicted. This map is based on the country’s triangulation network and covers a coastline of at least five hundred (500) meters or more, provided that the remaining section up to the next designated section does not exceed two hundred (200) meters, and is prepared by public sector entities, local government agencies (O.T.A.) or private engineers who are legally authorized to prepare such diagrams. In the latter case, the diagram is accompanied by a certificate of services rendered by its author and is reviewed and certified for accuracy by an engineer from the Land Registry Office or, in the absence thereof, by the Technical Departmentof the prefecture.
3. The Committee referred to in Article 3 must, in conjunction with the demarcation of the boundaries, prepare a report accompanied by the relevant diagram.
4. By joint decision of the Ministers of Finance and the Environment, Spatial Planning and Public Works, the technical specifications for the preparation of the plan and any other details regarding the implementation of this article shall be established.
Article 5
Procedure for Determining the Boundaries of the Foreshore, Beach, and Former Foreshore
1. In addition to the option of initiating proceedings on the court’s own motion, any person interested in the demarcation of the foreshore and beach shall contact the competent Land Registry Office, which, within five (5) days of the submission of the relevant application, shall inform the interested party whether such demarcation has already been carried out. If the foreshore and beach have not yet been demarcated, the interested party may submit to the Land Registry an application for demarcation and a topographic diagram in accordance with the specifications of Article 4.
2. If the diagram has been prepared by a private engineer, the Land Registry Office shall ensure that it is reviewed and approved within one month of its submission, after which the matter shall be brought before the Committee at its first regular meeting.
3. The Commission shall determine the boundaries of the foreshore, the beach, and the former foreshore within one month of the case being referred to it and shall prepare a report on the matter. The Commission shall determine the former location of the foreshore, as it existed until the year 1884, if there are private occupations, but also earlier if no such private holdings exist, provided that the location of the former shoreline is evident from on-site indications or other evidence, excluding witness testimony.
4. Houses or structures located within the foreshore zone, for which the boundary line is being demarcated for the first time, may not be included, provided that coastal erosion occurred prior to the demarcation and the structures were erected before the erosion and outside the section up to which the sea once reached during the highest but normal wave surges. Such structures may be expropriated in accordance with Article 7 of this law.
5. The report and the chart are ratified, following the approval of the Hellenic Navy General Staff (HNS), by decision of the Minister of Finance, and are published together with said ratifying decision in the Government Gazette. The HNS’s approval referred to above shall be issued no later than three (3) months from the date of submission. The report and the diagram shall be posted at the municipal or community office of the locally competent municipality or community for at least three (3) months. Evidence of the posting is provided by a report from the mayor or community president, which is sent to the competent Land Registry Office within one month.
6. Following its publication in the Government Gazette as provided for in the preceding paragraph, the decision of the Minister of Finance, together with the report and the diagram, is transcribed by the competent Land Registry Office into the State’s section of the registration books of the competent Land Registry or Land, if the designated area falls within the jurisdiction of more than one Land Registry.
7. The original copy of the Commission’s report and the diagram, together with the decision of the Minister of Finance and the Government Gazette in which it was published, shall remain in the archives of the Land Registry.
8. The Land Registry sends a certified copy of the topographic map, with a note on it indicating the issue of the Government Gazette in which it was published, to the following agencies:
(a) the Technical Services Directorate of the Ministry of Finance,
(b) to the Ministry of National Defense (MND), General Staff; (c) to the Urban Planning Directorate of the relevant prefectural administration; d) the Ministry of the Environment, Spatial Planning, and Public Works / Directorate of Spatial Planning and Urban Planning, e) to the Ministry of Merchant Marine / Directorate of Ports and Port Works and to the competent Port Authority, f) to the competent municipality or community, g) to the Land Registry S.A.,
(h) the Ministry of Agriculture/General Directorate of Fisheries and
(i) to the Ministry of the Aegean for the areas under its jurisdiction.
9. In the event of an incorrect determination of the boundary of the foreshore, the former foreshore, or the beach, redetermination is permitted in accordance with the procedure set forth in this article. The procedure for redetermination is initiated either ex officio by the Land Registry Office or upon request by any interested party, provided that evidence is submitted demonstrating the error in the initial determination. The re-delimitation of the beach, insofar as it entails a reduction of the beach zone that was originally designated, is permitted only if the relevant compulsory expropriation has not yet taken place.
10. The preceding paragraph also applies to cases in which the boundaries of the foreshore, the former foreshore, or the beach have been established pursuant to Legislative Decree No. 2344/1940.
Article 6
Data for determining the former shoreline
The Commission seeks out and takes into account all the information necessary for the precise demarcation of the old shoreline, which it sets forth in its report, particularly physical evidence (such as sandy, marshy, or swampy areas adjacent to the foreshore), aerial photographs, maps and diagrams from various years, and geological studies.
Article 7
Beach Creation, Consequences, Restrictions
1.The Committee referred to in Article 3, concurrently with the determination and demarcation of the foreshore, shall also determine the beach, provided that this is deemed necessary to serve the purpose of Article 1, paragraph 2. The beach shall be delineated on the same map as the foreshore with a yellow polygonal line, as specified in Article 4.
2.Real property rights held by private individuals on beachfront real estate are expropriated in the public interest upon and as of the publication in the Government Gazette of the decision of the Minister of Finance, which ratifies the report and the map of the foreshore and beach pursuant to paragraph 5 of Article 5, without any additional procedure being required to declare the expropriation. Public-law legal entities (N.P.D.D.) shall transfer to the State, without compensation, their real property rights over real estate located on the beach.
3. The provisions regarding expropriation for street-widening purposes apply to the beach. The competent authority for the further proceedings is the Urban Planning Office of the Prefectural Administration. Municipalities and communities that benefit from the creation of the beach may contribute to the compensation for the compulsory expropriation of the properties occupied by the beach, in accordance with the provisions of presidential decrees issued upon the recommendation of the Ministry of the Environment, Spatial Planning, and Public Works specifically for each case.
4. From the date of publication of the decision by the Minister of Finance establishing the beach, the owners of the properties occupied by the beach are deemed to have been notified thereof and are required, for a period of two years, to refrain from undertaking any general construction, improvement, tree planting, or any other addition to said properties for a period of two years, and any increase in their value resulting from any of the above actions shall not be compensated.
5. Where a town plan exists, the beach boundary line may not extend beyond the approved building line. In traditional settlements, the shoreline boundary may not exceed the building line, as it has been legally established. In cities and settlements established before 1923 or with a population of fewer than 2,000 residents, and for which there is no approved street plan, the beach boundary line may not extend beyond the established building line, as it has been legally established. In the two preceding paragraphs, the building line is determined by the Directorate of Environment and Spatial Planning (DIPECHO) of the General Secretariat of the Region. When approving or expanding urban plans, the building line may in no case exceed the beach boundary line, subject to cases involving traditional settlements or listed buildings and structures. In areas outside the plan, buildings or structures designated as listed are exempt from the beach zone.
6. Where a beach zone has been designated under the provisions of Legislative Decree 2344/1940 (Government Gazette 154 A’) contrary to the provisions of the preceding paragraph, its boundaries may be redrawn in accordance with this paragraph, provided that the expropriation for the beach has not yet taken place. The procedures and other necessary details for the implementation of this article shall be determined by a decision of the Ministers of the Environment, Spatial Planning and Public Works, and Finance.
7. In areas already designated as areas of outstanding natural beauty, the permitting and oversight of all types of work (construction, engineering projects, etc.) within the designated foreshore and beach zone are handled by the local competent authorities of the Ministry of the Aegean, provided that the areas in question fall under its jurisdiction.
Article 8
Cases Requiring the Demarcation of a Beach Foreshore
1. Subject to Article 17, prior to the approval or extension of a city plan, or prior to any sale or concession of public property, or prior to the execution of port, industrial, tourism, and transportation projects, or the issuance of a building permit—provided that such actions pertain to real property located within one hundred (100) meters of the shoreline— the foreshore and beach in that area must be demarcated, on pain of nullity of such acts. The preceding paragraph does not apply to leases or concessions of public lakes and seas for the purpose of fishing in accordance with fisheries legislation, provided that no permanent structures are constructed.
2. For the issuance of a building permit for the properties referred to in the preceding paragraph, the exact location of the shoreline must be specified—under the responsibility of the engineer who signs the permit design— the exact location of the shoreline on a copy of the topographic diagram, which must accompany the application.
3. For the issuance of a building permit concerning tourism projects or facilities, the foreshore and beach shall be demarcated within six months of the submission of the application.
Article 9
Criteria for Defining the Shore and Beach
1.The Commission for the Delimitation of the Foreshore and Beach shall, following an on-site inspection, take into account the natural and other factors that affect the width of the foreshore and beach, including, but not limited to:
(a) the geomorphology of the terrain, with regard to high and low coastlines, its composition, and the natural vegetation boundary; b) the existence, boundaries, and type of coastal natural resources,
c) the findings from the assessment of meteorological data for the area, d) the topography of the seabed, e) the wave development zone in relation to the shoreline, f) the existence of legally established engineering structures in the area, g) any approved land-use plans and land-use designations that affect the coastal zone, (h) the existence of public lands of any category located in immediate proximity to the coastal zone, i) any existing land registry; and j) the existence of vulnerable ecosystems and protected areas.
2. The specifications and other details regarding the implementation of this article shall be determined by a joint decision of the Ministers of Finance and of the Environment, Spatial Planning, and Public Works.
Article 10
Expropriation of Private Property; Declaration of Rights
1. In the event that private individuals assert property rights over areas that have been designated by the Committee referred to in Article 3 as belonging to the foreshore, such rights shall be deemed to have been compulsorily expropriated in favor of the State for inclusion in the foreshore as of the date of publication in the Government Gazette of the Commission’s report, together with the map, as specified in paragraph 5 of Article 5.
2. The owners of these estates and those claiming other rights to them are granted a six-month period from the publication referred to in the preceding paragraph, within which they must notify the Minister of Finance of their claims, simultaneously submitting the title deeds on which the rights they assert are based.
3. With regard to the determination of the unit compensation price and the subsequent expropriation procedure, the applicable provisions on compulsory expropriation shall apply.
4. Upon the expiration of the six-month period specified in paragraph 2 without any action having been taken, any claims for compensation that have not been filed with the Minister of Finance shall be adjudicated through the regular proceedings.
5. After the expropriation compensation has been provisionally determined and deposited, any claims that have been filed may be directed only against the compensation that has been deposited.
6. Upon the expiration of the deadline specified in paragraph 2 without action, or in the event that private individuals file claims for compensation within the prescribed time limit, upon the deposit of the compensation amount determined into the Deposits and Loans Fund, the foreshore is deemed to have been definitively established, and proof thereof before the Administration and the Courts shall be provided solely by the report and diagram referred to in Article 4.
Article 11
Structures and facilities located on the shoreline and the beach
1. Upon the expiration of a contract entered into by the State, the Greek National Tourism Organization (E.O.T.), the General Secretariat of Sports, or local authorities with third parties, or upon the expiration of a concession granted by the State pursuant to pursuant to the provisions of development laws, concerning technical works that have been constructed within the foreshore or on the beach and have been carried out following a permit from the competent authority, the Minister of Finance and the minister with subject-matter jurisdiction, following the opinion of the relevant Regional, Prefectural or Central Council of the Hellenic Coastal Protection Organization (H.C.P.O.), the competent department of the Ministry of Culture, and the competent local government authority, and, in the case of projects intended to serve waterborne transportation, with the concurrence of the General Directorate of the Navy and the Ministry of Maritime Affairs, shall issue a reasoned decision on whether or not to preserve them and shall determine their use.
2.The details for the implementation of this article shall be determined by decision of the Minister of Finance or, in cases involving industrial and tourism facilities, petroleum facilities, and mining, quarrying, and industrial minerals, by a joint decision of the Ministers of Finance and Development.
Article 12
Protective Structures; Sediment Deposits
1. If the Committee referred to in Article 3 determines that the coastline is being eroded by the sea, the construction of the necessary engineering works on the foreshore, on the foreshore, the beach, or in the sea to prevent erosion.
2. If private property is threatened by erosion, the owner may be permitted, at his own expense, to construct—in front of his property and under the supervision of an engineer authorized by law— the aforementioned protective works based on a design approved by the Technical Services Directorate of the Prefectural Administration, which shall also oversee the project.
3. The projects referred to in paragraphs 1 and 2 of this article are the property of the State, which may remove or alter them at any time for reasons of public interest, public safety, or national defense without any obligation to provide compensation or reimburse the private party’s expenses. These projects are carried out subject to a permit from the Minister of Finance, issued following the concurrence of the General Secretariat of Public Works, the Ministry of Shipping and the Ministry of Culture, and a simple opinion from the competent Architectural Review Committee (E.P.A.E.) following a thorough coastal engineering study approved by the Directorate of Port Works of the General Secretariat for Public Works of the Ministry of the Environment, Spatial Planning and Public Works, as well as following the environmental impact study required by Law 1650/1986 (Government Gazette 160 A’). In the case of traditional settlements, the approval of the Minister responsible for them is also required.
4. If land reclamation is carried out without a permit or in excess of the permit’s terms, or if the relevant projects are not carried out in accordance with the law, the shoreline or beach may not be redrawn. The areas created by such land reclamation are considered part of the foreshore.
Article 13
Grant of a simple right of use of the foreshore and beach
1. Simple use of the foreshore and the beach refers to any use that does not violate their designation as public property and does not alter their natural topography or ecological elements.
2. The grant of the right to use the foreshore and the beach is granted by decision of the Minister of Finance, in exchange for consideration in accordance with the provisions governing the lease of public lands, except for the foreshore and beach areas of designated archaeological sites, protected areas, vulnerable ecosystems, and areas of outstanding natural beauty and cultural interest, the management of which is the responsibility of the competent agency of the Ministry of Culture. To local government authorities, port management and operating bodies, public utility organizations, and public-law entities, the concession may be granted directly, with or without consideration. To a private management entity, the concession is always granted in exchange for consideration.
3. It is possible, in accordance with the procedure and conditions set forth in the first sentence of the preceding paragraph, to grant the right to use the foreshore solely for activities that serve bathers or the public’s recreation (such as the rental of water recreation equipment, beach chairs, umbrellas, the operation of a mobile refreshment stand, etc.). If the use of the foreshore is granted for the rental of chairs and umbrellas, the area of foreshore covered by each concession may not exceed five hundred (500) square meters. If there are multiple concessions for the rental of umbrellas and chairs on the same foreshore, there must be an intermediate buffer zone of at least one hundred (100) meters in length between the various concession areas on the foreshore. The provisions of the preceding paragraph do not apply if the foreshore is to be granted for the rental of beach chairs and umbrellas by those who own adjacent stores, and only for the area in front of their stores.
4. A concession may be granted, in accordance with the procedure and terms set forth in the first sentence of paragraph 1, without a public auction, the simple use of the foreshore for one year to those who operate adjacent hotel businesses in general, campgrounds, or recreational centers, for the purposes specified in the first sentence of the preceding paragraph, for the benefit of the public. The fee for the concession of the simple use of the foreshore and beach that have been designated as Public Tourist Properties (PTP), as well as the buildings or, in general, the facilities located thereon, shall be determined by a decision of the body responsible for the administration and management of the T.D.K., in accordance with the applicable legislation. The fee, which may be adjusted by decision of the Minister of Finance, for the concession of the simple use of the foreshore and beach, excluding Public Tourist Lands, to adjacent hotel businesses, which is paid to the State, is calculated by multiplying one-half (1/2) of the price of a double room with bathroom, excluding other charges, as this rate is set by the Greek National Tourism Organization (EOT) for each hotel business, multiplied by the number of beds in that business. In the event that the fee calculated as described above is disproportionate to the rent determined based on local rental conditions or to the amount determined pursuant to Article 22 of Law 2238/1994 (Government Gazette 151 A), the consideration specified in this paragraph shall be paid to the State. A disparity between the first and second methods of calculating the consideration is deemed to exist where the difference between them is at least fifty percent (50/100).
5. By joint decision of the Ministers of the Interior, Public Administration and Decentralization, and Finance, the direct grant—with or without consideration—of the simple use of the foreshore and the beach to municipalities and communities for the exercise of the activities described inparagraph 2. The same decision shall specify the terms, conditions, and any other necessary details.
Article 14
Concession of the shoreline and beach for the execution of projects
1. The granting of the right to use the foreshore, the beach, contiguous or adjacent marine areas, or the seabed, for the execution of projects serving commercial, industrial, transportation, port, or other purposes, as provided for by the provisions in force, shall be granted by decision of the Minister of Finance in accordance with the procedure set forth in the following paragraph. The concession may also include the mere use of the foreshore and beach to meet the operational needs of such projects. This procedure is also required for government projects in the aforementioned areas.
2.a) The interested party shall submit an application to the competent Land Registry Office, accompanied by a technical dossier in accordance with Article 8 of Joint Ministerial Decision (JMD) 69269/5387/10/24/90 (Government Gazette 678 B) of the Ministers of the Interior, National Economy, Agriculture, Culture, Merchant Marine, Tourism, Industry, Energy and Technology, Environment, Spatial Planning and Public Works, and Transportation and Communications.
b) The Land Registry shall forward the relevant file within one (1) month to the parties listed below so that they may submit their opinions within three (3) months, in accordance with each party’s respective responsibilities for the execution of the projects:
1) Ministry of the Environment, Spatial Planning, and Public Works, the Directorate of Spatial Planning and the Directorate of Urban Planning, or the Directorate of Environment and Spatial Planning of the relevant Region (in triplicate) for preliminary approval of the site selection.
2) General Education Certificate (in two copies).
3) Ministry of Merchant Marine.
4) Prefectural Committee on Spatial Planning and the Environment (N.E.CH.O.P.).
5) Ministry of Culture (in triplicate).
6) Greek National Tourism Organization (E.O.T.).
7) The Ministry of Agriculture for projects at ports and on rivers, as well as for the construction of a fishing shelter intended to protect commercial fishing vessels.
8) The Municipal Council of the relevant local government unit.
9) The Ministry of Development, in cases involving the granting of coastal land to industrial plants, petroleum facilities, and companies engaged in mining, quarrying, and industrial minerals.
10) The Ministry of the Aegean, for the areas under its jurisdiction.
c) Following the preliminary approval of the site selection and the issuance of the opinions referred to in subparagraph b) above, the Environmental Impact Study is prepared and approved, in accordance with the provisions in force and the requirements set forth in the Joint Ministerial Decision 69269/5387/1990 (Government Gazette 678 B). Subsequently, following the opinion of the General Staff on matters of national defense and maritime safety, the opinion of the Ministry of Merchant Marine regarding rational maritime development, coastal protection, beaches, and the control and safety of navigation and transportation; and the opinion of the competent department of the Ministry of Culture regarding the protection of antiquities, the final design shall be duly approved, and the approved environmental conditions must be taken into account in its preparation. Opinions must be issued within three (3) months at the latest. The approved final design, together with the above opinions, is forwarded to the competent Land Registry Office for the issuance of the concession decision.
3. In accordance with the procedure set forth in paragraphs 1 and 2, the right to use the foreshore, beach, sea, or seabed may be granted: a) for public benefit or environmental improvement purposes, provided that the projects are carried out by the State, a public legal entity, or a public utility, b) for water sports projects based on studies approved by the General Secretariat for Sports, c) for projects serving aquaculture, d) for research purposes; and e) for beach reinforcement or restoration projects carried out by the State, public entities, or hotel and tourist facilities in the area in front of them.
4. The projects that may be carried out to achieve the objectives set forth in paragraphs 1, 3, and 6 include the installation of submarine pipelines and cables in general, mooring lines, floating piers and platforms, and the installation of artificial reefs.
5. They may be installed in the sea, without interfering with the foreshore, by decision of the competent Land Registry Office, issued following the consent of the competent Port Authority, the Hellenic Navy General Staff, the competent department of the Ministry of Culture, the competent environmental department of the Ministry of Environment, Spatial Planning, and Public Works, and the opinion of the relevant first-level local government authority, floating platforms with a surface area of up to 100 m², and for seasonal use of up to six (6) months, for the purposes provided for in the applicable provisions as well as for cultural purposes. The procedure provided for in paragraph 2 is not required for the concession. Concessions for the use of the platforms as restaurants or recreational centers are not permitted. The Ministry of Merchant Marine shall issue a decision specifying the details for the implementation of this paragraph.
6. By decision of the Ministers of Finance, Environment, Spatial Planning and Public Works, and Merchant Marine—issued upon the recommendation of the Minister of National Economy following the opinion of the Public Lands Commission, in which a representative of the proposing Ministry participates specifically for this case, the right to use the foreshore, beach, the sea or seabed, and the subsoil thereof, to those who have established or intend to establish, on private property over which they hold title or a right of use under a contractual relationship, commercial enterprises handling bulk cargo, factories, or other industrial, craft, hotel, or aquaculture enterprises, fishing enterprises, or those operating mines or quarries, for the purpose of constructing piers or other structures, intended to serve their own aforementioned businesses or those of third parties whose purpose is the handling, loading, and unloading of cargo of any kind at the pier. Those referred to in the preceding paragraph shall pay an annual fee, which is determined every five years in accordance with the procedure set forth in Article 5 of Law 5895/1933 (Government Gazette 335 A), based on a protocol drawn up by a three-member committee consisting of two officials from the Ministry of Finance: a) the Head of the Coastal Zone and Beaches Division of the Public Property Directorate, and b) the Head of the Department for the Objective Determination of the Taxable Value of Real Estate within the Directorate of Technical Services; and a civil servant from the Ministry of National Economy, who is appointed by the relevant Minister. The use of works and facilities in general by third parties is subject to a fee, which is determined by a decision of the Ministers of Finance and Merchant Marine and collected as public revenue. If the fee is not paid, a decision by the head of the aforementioned Land Administration Service—following the opinion of the competent Port Authority—shall be issued and is immediately enforceable, imposing on the defaulting concessionaire, in addition to the unpaid consideration, a fine equal to three times the amount of the unpaid consideration.
7. The construction of the projects required under the above concession shall be carried out in accordance with the provisions of this article, subject to general and specific urban planning regulations, as well as the relevant provisions governing ports. Construction of the projects may not begin unless the concession decision has first been submitted to the competent Port Authority and a relevant permit of a regulatory nature has been issued by that authority. The provision of the first sentence of paragraph 3 of Article 12 applies to these projects. The supervising engineer is responsible for the construction of the project in accordance with the concession agreement and the approved final design.
8.Work to clear the seabed at piers of sediment resulting from losses of loaded or unloaded material and to restore the seabed to the depth specified in the construction design of the works and facilities, are permitted upon authorization by the competent Port Authority of the region, which is issued following an application by the interested party to whom the use of the foreshore and beach has been granted. The relevant permit shall also specify the method of disposal for the material removed during the cleaning of the seabed. Construction and use permits for port facilities that have already been granted are also valid for all of the above uses.
Article 15
General Provisions Governing Concessions
1. Concessions for the foreshore, beach, riverbank, and riparian zone are always subject to unilateral revocation by the State for reasons of public interest, national defense, transportation, public order and safety, public health, or the protection of the natural environment.
2. Concession agreements may include any terms or restrictions, particularly for reasons of safety, public necessity, national defense, or the protection of antiquities, such as requirements for the construction of ramps or other works to serve the needs of the armed forces.
3. The development of the foreshore and the beach through the granting of concessions and the execution of projects must ensure—and not impede—citizens’ free and unimpeded access to the beach and foreshore, unless this is required for reasons of national defense, public order and safety, the protection of antiquities, the environment, or public health.
4. The granting of exclusive use of the foreshore and the beach is prohibited, unless required for reasons of national defense, public order or safety, or the protection of antiquities.
5.Subject to paragraph 6 of Article 14 and other specific provisions, the concessionaire is not permitted to transfer its right, in whole or in part, to another party or to enter into any arrangement in this regard, with or without consideration, concerning the land granted, the facilities, or, in general, the works on said land, without the approval of the Minister of Finance; and, in the event that the concessionaire is a local government entity, the approval of the Minister of the Interior, Public Administration, and Decentralization. This prohibition does not apply to the transfer of a local government’s rights to a wholly-owned enterprise of that same local government. A violation of the provision of the preceding paragraph automatically results in the revocation of the concession. For this automatic revocation of the concession, a declaratory decision is issued by the Minister of Finance, which is served on the concessionaire. The same decision shall also administratively order the State to take possession of the constructed works.
6. The concession agreement does not replace any permits required under other provisions (such as urban planning regulations, etc.).
Article 16
Concession of State-owned islets and shallow marine areas
1. By decision of the Minister of Finance, following the concurrence of the General Secretariat of the Ministry, the Ministry of Merchant Marine, the Ministry of Culture, the Ministry of Environment, Spatial Planning, and Public Works, the Ministry of the Aegean for the areas under its jurisdiction, as well as the Ministry of Agriculture, for purposes falling within its jurisdiction, the concession, in accordance with the provisions governing public property, the use of islets, reefs, skerries, and shallow marine areas, as well as the adjacent foreshore and beach, for the purposes of agricultural, livestock-related (such as animal husbandry in general, the establishment of apiaries and snail farms), water sports, tourism, fishing, the development of the national economy, national defense and security, and environmental research. In the case of a concession for environmental research purposes, a joint decision is issued by the Ministers of Finance and of the Environment, Spatial Planning, and Public Works. The General Secretariat for Energy and the Ministry of Culture, in issuing their opinions, also determine the terms of the concession.
2. The authorization referred to in paragraph 1 shall be granted only if the specific use or activity does not conflict with a specific land-use plan or specific provisions governing land use.
3. In the same manner and for the purposes of paragraph 1, but without a public auction, the concession of State-owned islets for use is permitted to agricultural, agro-industrial, agricultural, livestock, and fishing cooperatives, as well as municipal and community enterprises governed by the Municipal and Community Code.
4. The provisions of Articles 14 and 15 shall apply mutatis mutandis to the execution of projects under the concession provided for in this article.
5. The concession referred to in paragraph 1 is granted following a public auction, which is conducted in accordance with the provisions governing the lease of public land. A direct concession may also be granted to public-law entities or public utility companies, as well as to private individuals, provided, however, that in the latter case, after at least two auctions have been held, no other private individuals have expressed interest and no genuine competition has developed, as determined by a reasoned decision of the Minister of Finance. The auction minutes are subject in all cases to the approval of the Minister of Finance.
6. The provisions of paragraph 5 of Article 15 shall apply mutatis mutandis to the concessions referred to in this Article.
Article 17
Coastal Zones in Areas of National Defense and Security
1. In coastal areas where there are facilities serving national defense and security purposes, the public access to the foreshore and the beach is suspended for as long as such use continues.
2. By joint decision of the Ministers of Finance and National Defense, the demarcation of the foreshore and the beach in these areas may be suspended.
Article 18
Port Zone
1. In every coastal area where, in accordance with the provisions in force, there is a justification for the creation or expansion of a port, an area of land and sea—whether continuous or discontinuous—shall be designated within which the competent port management and operating authority may carry out, in accordance with the provisions governing the execution of public works, the provisions of current legislation on port funds, and within the framework of developing the country’s port infrastructure, carry out projects necessary to serve commercial, passenger, shipping, tourism, and fishing traffic and, more generally, to ensure the smooth operation of the port. This area is referred to as the port zone and is divided into land and sea sections.
2. The projects referred to in the preceding paragraph are carried out by decision of the Secretary General of the relevant Region, following the approval of the Ministries of Merchant Marine, Culture, and the Hellenic Navy General Staff. For port projects whose designs are supervised by the Ministry of the Environment, Spatial Planning, and Public Works (of national or major importance, etc.), the consent of the Ministry of Environment, Spatial Planning, and Public Works is also required. The approved final design of the projects is sent to the competent Land Registry Office immediately after its approval, under the responsibility of the competent port management and operation authority.
3. A permit from the competent port authority is required to begin work on the projects referred to in paragraph 1.
Article 19
Port Land Zone
1. The port’s land zone consists of the foreshore and the necessary adjacent coastal areas required for the execution of the projects referred to in the preceding article. Where a city plan exists, the boundary of the land zone may not extend beyond the nearest building line of the approved city plan. Where there is no street-alignment plan, the boundary of the land zone is determined by applying paragraph 5 of Article 7 mutatis mutandis.
2. Where there is an approved street-layout plan and the land zone is insufficient for the port’s needs, it may be extended beyond the limit specified in paragraph 1, provided that the approved street-alignment plan is first amended in accordance with the applicable provisions. The obligations of local government authorities arising from street-alignment plans under these provisions shall be borne by the competent port management and operating authority.
3. More than one port may fall under the jurisdiction of a single port management and operating authority.
4. In straits or narrow seas, the land zone may extend to the opposite shore, provided that the latter is not included in the area of another port management and operation authority.
5. The competent port administration and operating authority may, at its own expense, fence off all or part of the port’s land area. The sections to be fenced and the method of fencing shall be determined by decision of the General Secretary of the Region, following a proposal by the port administration and operating authority or the competent Port Authority,, with the approval of the Architectural Control Committee (E.P.A.E.) and the consent of the General Secretariat of Ports and the Ministry of Merchant Marine. These opinions shall be provided within three (3) months of the General Staff of the Navy and the Ministry of Merchant Marine receiving the relevant document.
Article 20
Port waters
1. The maritime zone includes port basins (adjacent to the shoreline or any constructed quays, jetties, piers), and the area of sea extending up to a distance of five hundred (500) meters from the coastline of the terrestrial zone. This area is bounded on both sides by an imaginary arc of a circle, with its center at the edge of the land zone and a radius of five hundred meters, and it encloses the maritime area from a point on the foreshore, located at a distance of five hundred (500) meters from the edge of the land zone until it meets the aforementioned line at a distance of five hundred (500) meters from the coastline of the land zone.
2. If the waters of the maritime zone are shallow, the port’s maritime zone may be extended beyond the 500-meter line until it reaches the 30-meter isobath.
Article 21
Designation of the Port's Land and Maritime Zones
1. The boundary, land uses, and the overall development plan for the port’s land and maritime zones are determined by a decision of the relevant port management and operating authority, following the consent of the Ministry of Merchant Marine, the Hellenic Navy General Staff, the Ministries of Finance, Environment, Spatial Planning and Public Works, Culture, and the General Directorate of Fisheries of the Ministry of Agriculture. The upper limit is marked with a green line on a copy
on the map delineating the foreshore or on another map of a smaller scale, prepared in accordance with the same specifications, updated with bathymetric data down to the twenty (20) meter isobath. The map shall be certified for the accuracy of its survey by the competent Technical Service of the relevant local government authority; in the absence of such a service, by the competent Technical Service of the Regional Development and Infrastructure Authority (TYDK). The above opinions shall be provided within three (3) months of receipt of a draft decision from the competent port administration and operation authority, accompanied by the relevant topographic diagram. If the above three-month deadline expires without action, the boundaries of the land and maritime zones shall be determined even without the aforementioned opinions. The details for the implementation of this paragraph shall be determined by decision of the Minister of Merchant Marine.
2. The decision of the port management and operating authority is approved by the Secretary General of the Region and published in the Government Gazette together with the diagram.
3. A copy of the diagram, with a note indicating the issue of the Government Gazette in which it was published, shall be sent to:
(a) the Directorates of Public Property and Technical Services of the Ministry of Finance, (b) the General Secretariat of Public Works,
(c) the Ministry of the Environment, Spatial Planning, and Public Works; (d) the competent Land Registry Office; (e) the T.Y.D.K.;,
(f) the Ministry of Merchant Marine, (g) the Land Registry S.A., (h) the competent Urban Planning Authority, (i) the General Directorate of Fisheries of the Ministry of Agriculture,
(j) the Directorate of Tourist Ports of the Ministry of Development,
(k) the General Directorate of Antiquities of the Ministry of Culture,
(l) to the Ministry of the Aegean for the areas under its jurisdiction.
Article 22
Status of Land Areas Within the Port Zone
1. The areas and all properties in general included within the port zone are public lands for common use and are owned by the State, but their use and operation are the responsibility of the relevant port management and operating authority. If the port zone includes private property, they are compulsorily expropriated for reasons of public benefit in favor of the State, at the expense of the competent port administration and operating authority, and, if the latter is unable to do so, at the expense of the Statein accordance with the provisions in force.
2. Any lawful concessions or leases in effect within a port zone at the time of its designation or expansion, provided they serve port-related purposes, shall remain unaffected, and the port’s administrative and operating authority shall assume the rights and obligations of the State, local authorities, and other public legal entities. The provisions governing commercial leases do not apply to areas within the port’s land and maritime zones.
3. All other concessions of use or leases shall continue in the name of the State, provided that port operations are not impaired or that no port construction projects are to be carried out on the premises occupied by such agreements; otherwise, they shall be terminated without compensation to the State. The Minister of Finance and the competent minister in this matter shall decide on their continuation or termination. Termination takes effect upon notification, in accordance with Law. 2717/1999 (Government Gazette 97 A’) «Code of Administrative Procedure,» the decision referred to in the preceding paragraph shall be served on the concessionaire or lessee. If the concessionaire or lessee’s place of residence is unknown, service of the decision referred to in the preceding paragraph shall be effected in accordance with Article 84, paragraph 2, of the Legislative Decree. 356/1974 (Government Gazette 90 A’) «Code on the Collection of Public Revenues.».
Article 23
Status of land formed by sedimentation in the port zone
All areas formed by sedimentation, whether natural or artificial, in the sea or on the foreshore, or as part of projects carried out at the expense of port management and operating authorities, are owned by the State and are used, provided they are included within the port zone, for the purposes of the port and, in general, for public needs.
Article 24
Concessions for Port Zone Areas
1. The port management and operating authority is permitted, by decision of its administration—approved, following the consent of the General Secretariat of the Ministry of Infrastructure, Transport and Networks and the Ministry of Merchant Marine, by the Regional Secretary General, to grant, in exchange for consideration and for a specified period of time, the use of areas located within the port zone. In the case of concessions in port zones whose studies are supervised by the Ministry of the Environment, Spatial Planning, and Public Works (of national or major importance, etc.) and are accompanied by construction projects, the consent of the Ministry of Environment, Spatial Planning, and Public Works is also required. For the allocation of port zone areas to industrial facilities, petroleum facilities, mining, quarrying, and industrial minerals enterprises, the consent of the Ministry of Development is also required. The concession decision specifies the fee for the use of the aforementioned areas, as well as the other terms of the concession.
2. For concessions for the simple use of land-side port areas for a period of less than one year, which are not accompanied by any project of a permanent or temporary nature, the opinions of the General Secretariat of Ports and the Ministry of Merchant Marine; rather, only a decision by the competent port management and operating authority is required, which must be approved by the Regional Secretary General.
3. If the concession is granted to a foreign natural or legal person, the provisions of Law 2322/1953 (Government Gazette 66 A’) shall apply.
4. The government is permitted to use, without compensation, areas within the port zone for the construction of public facilities necessary for the proper operation of the port, in particular customs offices, port authorities, Health Offices, Pilotage Service Offices, Fire Stations, as well as facilities of any kind for the country’s defense needs. These areas are designated on a case-by-case basis by decision of the Minister of Finance and the competent minister in each case, following the concurrence of the General Staff of the Hellenic Navy and the Ministry of Merchant Marine. The use of these areas for any other purpose is prohibited.
5. Areas within the port zone that are not directly necessary for its operation, as determined by the Ministry of Finance and the Ministry of Merchant Marine, following a simple recommendation from the relevant port management and operating authority, may be leased by the State in accordance with the provisions governing the administration of public property. In the same manner, the State also manages maritime and beach facilities within the port, such as bathing areas, fish farms, salt flats, etc., provided that their operation does not hinder the functioning of the port, in accordance with the relevant decision of the Minister of Finance, the Minister of Merchant Marine, and the competent minister, and following a simple opinion from the relevant port management and operating authority.
6. Areas referred to in paragraph 5 of this article, which fall under the jurisdiction of port management and operating entities that have been or are being converted into public-benefit corporations, shall be leased by such corporations in accordance with the provisions of legislation governing them.
7. The properties referred to in paragraph 5 of this article, which have been transferred to local government organizations may be leased by those bodies in accordance with the provisions of the legislation governing them.
Article 25
Program Contracts for Port Management and Operating Entities
1. For the study of plans for the development and implementation of port projects within the port zone, as well as for the provision of services in that zone, port management and operating entities may enter into programmatic contracts with local government authorities or other public-sector entities. Enterprises owned by local government authorities, Associations of Municipalities and Communities, cooperatives, chambers of commerce, and scientific bodies governed by public or private law that are supervised by the State.
2. Program agreements are approved by the Secretary General of the Region following the consent of the General Secretariat for Maritime Affairs and the Ministry of Merchant Marine. The terms and conditions of the program contracts are determined by a joint decision of the Ministers of the Interior, Public Administration and Decentralization, and Merchant Marine.
3. Program contracts specify the project, the rights and obligations of the contracting parties, the resources to be allocated, the funding amounts, the timelines for the implementation of projects or programs or the provision of services, as well as the competent administrative body responsible for resolving any disputes that may arise.
Article 26
Status of the Dodecanese
1. This law also applies to the islands of the Dodecanese Prefecture, with the provisions of Royal Decree 132/1929 on the Dodecanese Cadastral Regulations, which were maintained in force by Article 8 of Law 510/1947 (Government Gazette 298 A), which take precedence.
2. With regard to the islands of the Dodecanese Prefecture for which a cadastral survey exists, the map referred to in Article 4, which is submitted for the determination, shall show the cadastral parcels, and the competent Cadastral Office shall certify the accuracy of the depicted cadastral parcels.
Article 27
Protection of the shoreline, beaches, and other areas
1. The provisions for the protection of public lands, as in effect from time to time, also apply to areas within the port’s maritime zone.
2. All types of buildings and structures in general that have been or will be erected without a permit on the foreshore or the beach, shall be demolished following the determination and completion of the expropriations provided for in Articles 7 and 10, regardless of when they were built or whether they are inhabited or otherwise used. Buildings and structures under the protection of the Ministry of Culture are exempt. To this end, the head of the competent Land Registry Office issues a demolition order, which is served, in accordance with the provisions of Law 2717/1999 «Code of Administrative Procedure,» to the person who constructed the building without a permit, who is required, within thirty (30) days from the date of notification, demolish the structures and remove all types of constructions from the foreshore or the beach.
3. If it is not possible to determine the identity of the person who erected the illegal building or structure, the Land Registry shall publish a notice to that effect in a local newspaper, if one is published in the area of the unauthorized structure, and in a daily newspaper, if it is published in the area where the unauthorized structure is located, and in a daily newspaper in the national capital, calling upon anyone who knows the person who erected it to disclose that person’s identity to the agency. If thirty (30) days have elapsed without response following the last publication, a demolition order against an unknown party is issued.
4. If the identity of the person who erected the illegal building or structure is known, but their residential or temporary address is unknown, or if they are a foreign national, the above report shall be served on that person as a person of unknown residence in accordance with paragraph 2 of Article 84 of the Legislative Decree. 356/1974 «Code on the Collection of Public Revenues.».
5. In all three cases referred to in paragraphs 2, 3, and 4 of this article, the demolition report shall be posted on the building or structure to be demolished and at the municipal or community office in the area where it is located. A report on the posting shall be prepared by the state, municipal, or community official who carried out the posting, and shall be sent to the Land Registry Office. Demolition takes place fifteen (15) days after the notification of the official record and its posting.
6.Demolition is carried out under the responsibility of the Secretary General of the relevant Region, and in the event of inability to do so, with technical support provided by the Technical Service of the competent Prefectural Local Government, upon request by the Secretary General of the Region. Demolition is carried out in accordance with urban planning regulations, following a recommendation by the head of the Land Registry Office. The cost of demolition is borne by the person who constructed the building without a permit and is collected as public revenue in accordance with the provisions governing the collection of public revenue.
7. Projects and, in general, structures built at sea without a permit or in violation of a permit shall be dismantled and removed, regardless of their intended use. Buildings and structures under the protection of the Ministry of Culture are exempt. To this end, the Land Registry Office, upon the recommendation of the competent Port Authority, shall draw up a protocol for the demolition, dismantling, and removal of the aforementioned works or structures. Paragraphs 2 through 6 of this article apply mutatis mutandis to this protocol and its implementation. The protocol shall be posted only at the competent Port Authority office. If, in the opinion of the competent Port Authority, the aforementioned works or structures in the sea pose a risk to the safe conduct of navigation, the deadline specified in paragraph 5 for the execution of the protocol is reduced to seven (7) days. By joint decision of the Ministers of Finance, the Environment, Spatial Planning and Public Works, and Merchant Marine, the method of demolition and any other details regarding the implementation of this article shall be determined. This decision may provide for the execution of the protocol by a government agency or the relevant port management and operating authority, as well as the assignment of its implementation to a private entity.
8. An application for a provisional order regarding ownership or possession, or an application to stay the execution of demolition, demolition, removal, or clearance before any Administrative or Civil Court or other Authority is not permitted.
9. For projects referred to in paragraph 1 of Article 14 that were carried out prior to the entry into force of this law on the foreshore, the beach, or at sea, without a permit or in violation of a permit, it is possible, following a reasoned decision by the Administration, to issue the relevant permit for such projects in accordance with the procedure set forth in Article 14 of this law, provided that the applicable relevant provisions are not violated, provided that the legal requirements for issuing such a permit are met and an application to that effect is submitted to the competent Land Registry Office within an exclusive period of three (3) months from the effective date of this law. This application must be accompanied by a technical description of the project, a 1:500 topographic diagram, photographs, and a map of the surrounding area showing the exact location of the project. Within a further exclusive period of one year, for the Minister of Finance to issue a decision on the above application, the supporting documents provided for in Article 14 must be submitted. To regularize the above projects, compensation for the unauthorized use of the foreshore or beach must first be paid in accordance with the provisions in force.
10. With regard to projects referred to in paragraph 1 of Article 14 that were constructed on the foreshore, the beach, or at sea by the State, public legal entities, and local government authorities, the application for the relevant permit referred to in the preceding paragraph may be submitted within two (2) years from the effective date of this law.
Article 28
Designation of Areas Equivalent to a Port Zone
1. The designation of areas treated as port zones under paragraph 4 of Article 2 of Law. 2575/1998 (Government Gazette 23 A’) is carried out by decision of the relevant port management and operating authority, following the consent of the Ministry of Merchant Marine and the Ministry of Finance. The above opinions must be provided within three (3) months of the decision by the competent port administration and operating authority; however, if this deadline passes without action, the areas referred to in the preceding paragraph shall be designated even without the aforementioned opinions. The details for the implementation of this paragraph shall be determined by a joint decision of the Ministers of Merchant Marine and Finance.
2. The decision of the port management and operating authority is approved by the Secretary General of the Region.
Article 29
Administrative and Criminal Penalties
1. Any person who, without a permit, or in excess of the terms of a permit, or with a permit issued in violation of this law, causes any alteration to the foreshore, the beach, the sea, the seabed, the port zone, a large lake, navigable river, the banks, or the riparian zone of a large lake or navigable river, any alteration through the construction, modification, or destruction of structures, or of the land or seabed through the removal of soil, stones, or sand, or by any other means, regardless of whether such action caused harm to anyone, shall be punishable by imprisonment of at least one year and by the fines imposed administratively pursuant to paragraph 23 of Article 3 of Law 2242/1994, which applies in all other respects. The fines referred to in the preceding sentence shall be imposed, with respect to the shores of large lakes and navigable rivers, by the competent local Land Registry Office.
2. The penalty set forth in the preceding paragraph shall also apply to any public official who issues a permit in violation of the provisions of this law.
3.Any third party who, in violation of paragraph 5 of Article 15 of this law, makes any use of the facilities or works generally referred to therein shall be punished with the penalty provided for in paragraph 1 of this article and a fine equal to the port fee payable at the nearest port for the use of similar works or port facilities, which is assessed against the unauthorized user by a decision of the competent port authority that is immediately enforceable and is collected in accordance with the Legislative Decree. 356/1974 «Code on the Collection of Public Revenues.».
Article 30
Aquaculture Facility
In order to obtain a license to establish marine aquaculture facilities, in addition to the requirements set forth in the specific legislation governing such facilities, the approval of the General Secretariat for Maritime Affairs, the Ministry of Merchant Marine, and the Ministry of Culture.
Article 31
Corresponding Application of Provisions
1. The provisions of this law regarding the definition of the foreshore, the former foreshore, and the beach, as well as the provisions regarding the administration, management, and protection thereof, shall apply mutatis mutandis to the banks, former banks, and riparian zones of large lakes and navigable rivers, with the following exceptions.
For the concessions referred to in Article 14, no opinion from the Hellenic Navy General Staff (HNGS) or the Ministry of Merchant Marine (MMM) is required. The opinion of the Hellenic Navy General Staff is not required for the determination of the shoreline, the old shoreline, and the riparian zone. and the Committee referred to in Article 3 shall include, as a member, an official of the Prefectural Administration with a specialization in agronomy, ichthyologist, or forester, and as the fifth member, a hydraulic engineer from the Prefectural Administration or the Technical Chamber of Greece (TEE).
2.The provisions of this law shall apply mutatis mutandis to canals, waterways, and artificial harbors formed by natural or artificial causes on land with access to the sea and that are navigable.
Article 32
Measures for the protection of public property; definition of the foreshore, beach, and former foreshore in areas designated for cadastral surveying
1. If an area is designated as subject to cadastral surveying, in accordance with Article 1 of Law 2308/1995 (Government Gazette 114 A’), the public limited company Ktimatologio S.A. is required to send, prior to the first publication of the cadastral data—and to ensure the validity of such publication—to the competent Land Registry Office or Offices, to which the area in question is subject, copies of the provisional cadastral maps and tables (as provided for in Articles 3 and 4 of Law 2308/1995).
2. If the area designated for cadastral surveying, or a portion thereof, is bordered by the sea or includes a large lake or a navigable river, the submission requirement under paragraph 1 also includes a cadastral elevation map on a scale of at least 1:1,000, depicting a coastal or riparian zone extending three hundred (300) meters inland.
This diagram is reviewed and approved by the Land Registry within one month of receipt, and is submitted to the Committee referred to in Article 3
at its first regular meeting to define the foreshore, the beach, and any former foreshore or shoreline, the riparian zone, and any former shoreline.
3. In areas where, at the time of publication of this law, the cadastral data have already been posted, the diagrams and tables referred to in paragraphs 1 and 2 shall be sent by Ktimatologio S.A. to the competent Land Registry Offices within two (2) months of the issuance of the joint ministerial decision referred to in paragraph 5 of this article. In these areas, the second public notice under Article 9 of Law 2308/1995 is not permitted until: (a) four (4) months have elapsed, and (b) six (6) months from the date of receipt of the diagrams and tables referred to in paragraphs 1 and 2 of this article by the competent Land Registry Offices, as applicable in each case.
For areas subject to cadastral surveying where the procedure set forth in Article 9 of Law 2308/1995 was initiated prior to the effective date of this law, the deadline for filing an appeal under paragraph 1 of Article 10 of Law 2308/1995 is extended for the State by the corresponding periods specified in the preceding sentence.
4. In exceptional cases, and particularly if the old shoreline extends a considerable distance inland and it would be costly to depict it using the scales specified in paragraph 2, it may be plotted on a map with a scale of at least 1:5,000. However, the scales specified in paragraph 2 also apply in this case to the map of the foreshore and the beach.
5. By joint decision of the Ministers of the Environment, Spatial Planning, and Public Works (PE.CHO.DE.) and Finance, the specifications for the preparation of the cadastral elevation diagram referred to in paragraphs 2 and 4 shall be established, the scales for the copies of the cadastral maps referred to in paragraph 1, matters concerning any costs required for the preparation or issuance of these diagrams, and any other necessary details for the implementation of this article.
Article 33
Presumption of Benefit to Owners of Expropriated Real Property
1. The presumption of benefit to the owners under the provisions of Law 653/1977 (Government Gazette 214 A’) is rebuttable and is determined, following the declaration of expropriation, by the Court of Appeals competent to determine the final amount of compensation, in accordance with the special procedure set forth in this article.
2. The alleged owner or any person claiming rights to the expropriated property, if he or she believes that the presumption of benefit does not apply, may, upon request, ask the project authority to correct the cadastral table declaring the expropriation. The submission of the request does not suspend the expropriation proceedings.
3. The application must be filed within a two (2)-month appeal period from the issuance of the decision on the provisional or final determination of compensation and, upon expiration of the deadline, is referred for review to a three-member committee consisting of an engineer from thebody responsible for the purpose of the expropriation, as Chair, an employee of the Land Registry Office of the prefecture in whose region the expropriated land or the largest portion thereof is located, and an expert appointed with a substitute, in accordance with Article 372 of the Code of Civil Procedure, by a simple administrative act, a copy of which is sent to the Chair of the Committee. The other members of the Commission and their alternates are appointed by decision of the authority responsible for declaring the expropriation.
4.The Committee is convened by its Chairperson, and following an on-site inspection and review of the data, it shall, within three (3) months at the latest, prepare a report on whether the property benefits from the project, fully justifying its conclusions and linking them specifically to the property’s access to the project or projects included in the expropriation zone, the impact on the property’s uses, and its compliance with applicable regulations regarding lot size and buildability.
5. Upon completion of the project, the members of the Commission shall be paid a lump-sum compensation, which is determined by a decision of the official responsible for declaring the expropriation, within the the limits and conditions specified by decision of the Minister of Finance, and shall be borne by the party liable for compensation.
6. The private individual’s application, together with the Commission’s report and the details of the expropriation, shall be forwarded by the authority that declared the compulsory expropriation, to the court specified in paragraph 1 of this article.
The presiding judge shall set a hearing date no sooner than thirty (30) days and no later than forty (40) days after the filing of the documents with the court, with the provisions of paragraph 3 of Article 20 of the Code of Compulsory Expropriation regarding service of process also applying in this case. The court, exercising its discretion in evaluating the evidence presented by the parties in general, must issue a final decision within thirty (30) days of the last hearing in the case.
The only legal remedy available against a decision of the Court of Appeals is a petition for cassation, and the provisions of Article 22 of the Code of Compulsory Expropriation apply in this case as well.
7.The consequences of Article 9, paragraph 4, of the Code of Compulsory Expropriation also apply in cases where the Court of Appeals’ decision regarding the presumption of benefit is issued after the expropriation has been completed, as the determination of a new unit price is not permitted under any circumstances.
Any person who was neither summoned nor participated in the trial to determine compensation is entitled to file a request for the correction of cadastral records within five (5) years from the completion of the expropriation, and, if it is proven that they became aware of it, within six (6) months from the time they became aware of it.
8. At the end of case (a) of paragraph 1 of Article 1 of Chapter A of Law. 2882/2001 (Government Gazette 17 A’) «Code on Compulsory Expropriation of Real Property,» the following paragraph is added:
«This exception does not include the National Road Network of the Crete region, which has been designated as a trans-European route.»
Article 34
Transitional and Final Provisions
1. This law does not affect the provisions of Act of Parliament No. 376/1936 (Government Gazette 546 A) or Articles 24 through 32 of Law. 1892/1990 (Government Gazette 101 A), as well as all provisions of current legislation concerning the protection of cultural heritage and the interests of national defense and the country’s security.
2. Pending cases concerning the demarcation of the foreshore and beach, as well as related matters, shall continue to be governed by the provisions in effect until the entry into force of this law.
3. Upon the entry into force of this law, Law No. 2344/1940, Article 60 of Presidential Decree No. 11 of November 12, 1929 (Government Gazette 399 A’) «On the Administration of Public Lands,» and the circular order No. 1032058/1555/0010/POL 1147/May 30, 1989, issued by the Ministry of Finance, which was ratified by Law 1882/1990 (Government Gazette 43 A’). The special legislation governing the status of Mount Athos, as defined by Article 105 of the Constitution, the Charter of Mount Athos, and the ratifying Legislative Decree of September 10–16, 1926.
Article 100 of the Presidential Decree is amended. 284/1988 (Government Gazette 128 A) regarding the Commission for the Determination of the Boundaries of the Foreshore, Beach, and Former Foreshore.
4. The following remain in force: a) Articles 3 and 14 of Law 2730/1999 (Government Gazette 130 A), as amended and currently in force, b) Law. 2160/1993 (Government Gazette 118 A), with the exception of paragraph 21 of Article 6 of this law, which is repealed; and (c) the specific provisions concerning the foreshore, beaches, the sea, ports, and fisheries.
5.a) In accordance with the true meaning of paragraph 1 of Article 4 of Law. 1577/1985, as replaced by Article 3 of Law. 2831/2000, the competent minister in each case is the Minister for the Aegean for the islands that fall within his or her region.
(b) At the end of paragraph 1 of Article 4 of Law. 1577/1985, as replaced by Article 3 of Law. 2831/2000, a new paragraph (c) is added as follows:
«(c) Within the meaning of subparagraph (b) of this provision, natural formations—such as broader landscape areas, wider zones, and entire islands—may be designated as sites of outstanding beauty.’
Article 35
Regulation Clarifying Matters Concerning Checks in Drachmas
1.Checks denominated in drachmas that bear an issue date on or after January 1, 2002, and are payable on or after January 1, 2002, are not valid as checks.
2. As an exception, checks in drachmas bearing an issue date from Jan. 1, 1.1.2002 through 12/31/2003 are considered valid as checks issued after 1.1.2002 and are payable in euros, provided that one of the following conditions is met:
a. either it is proven by a public or private document with a definite date that the check was issued on or before December 31, 2001,
b. either the check has been recorded in ledgers, in accordance with Article 11 of Law 1957/1991, by December 31, 2001, c. or there is a notation on the body of the check—which all credit institutions operating in Greece are required to make by December 31,2001, stating that a check bearing an issue date after December 31, 2001, and up to and including December 31, 2003, were not presented for payment by December 31, 2001.
Article 36
Special Holiday
1. December 31, 2001, a Monday, is designated as a special trading holiday for the Bank of Greece, the Athens Stock Exchange S.A., the Central Securities Depository S.A., the Athens Derivatives Exchange, the Derivatives Clearing House (ETESEP), as well as for the following categories of businesses:
a. credit institutions operating in Greece, including Greek credit institutions, the Postal Savings Bank, the Deposits and Loans Fund, and branches of foreign banks, b. investment services firms, c. financial leasing companies and business receivables factoring companies, d. Mutual Fund Management Companies and Portfolio Investment Companies.
2. On this day, the above institutions and businesses will remain open to carry out the following tasks:
a. for cash shipments to and from the Bank of Greece as part of the procedures for the frontloading of euros and the withdrawal of the drachma, b. for the distribution of «familiarization packs» to the public and of euro coins to businesses, as provided for in Article 7b of Law 2948/2001 and the relevant ministerial decisions. The public will also be able to exchange currency at the Bank of Greece,
c. for the supply of euros to businesses (following coordination between the branch and the client business),
d. for deposits in drachmas and/or foreign currency made exclusively by businesses.
All of these transactions will be recorded in the bank's systems with a value date of January 2, 2002.
3. On this day, the cashier’s offices and departments of the aforementioned institutions and enterprises are not permitted to conduct any transactions with the public or to enter into any contracts other than those referred to in paragraph 2 of this document. All obligations due on December 31, 2001, arising from existing contracts between said credit institutions and businesses and their customers of any kind, as well as all other obligations generally due as of December 31, 2001, of their customers shall be fulfilled on the following business day, January 2, 2002, at which time the consequences of any failure to fulfill such obligations shall take effect.
4. December 31, 2001, is a workday for the staff of the above institutions and businesses.
5. The amounts that the Greek government is required to pay to service the public debt, as of December 31, 2001, shall be paid on the immediately preceding business day of the current year, namely December 28, 2001, and in accordance with the terms of the loan issuances.
Article 37
Effective Date
This law shall take effect on:
a. The provisions of Article 33 shall take effect one (1) month from its publication in the Government Gazette, and shall also apply to compulsory expropriations that have not yet taken place by the time it enters into force. In cases where, upon the entry into force of this same article, the period for challenging the expropriation under paragraph 3 thereof has already elapsed, that period for filing an appeal is extended by two (2) months from the date of its entry into force.
b. The remaining provisions shall take effect upon the publication of this law in the Government Gazette, unless otherwise specified therein.
We hereby order the publication of this document in the Government Gazette and its enforcement as a law of the State.
Athens, December 19, 2001
Law 4607/2019 – Government Gazette 65/A/April 24, 2019 (Consolidated)
AMENDMENT TO LAW No. 2971/2001
Article 23
Amendment to Article 1 of Law No. 2971/2001
1. Paragraphs 1, 2, and 3 of Article 1 of Law 2971/2001 (A’ 285) are replaced as follows:
«1. «Coastal zone» means the strip of land that is washed by the sea during the highest and most frequent wave surges. The foreshore is an essential element of the country’s natural environment, protected by the State, which manages it in accordance with its nature and its public character.
2. «Beach» means the strip of land adjoining the foreshore, in accordance with Articles 3 through 10, to facilitate access between the land and the sea and vice versa, as well as to preserve and protect the coastline from erosion and, more generally, to protect the foreshore. Subject to paragraph 5 of Article 7, the width of the beach is set at a minimum of thirty (30) and up to fifty (50) meters from the shoreline. Existing boundaries of the city plan or of settlements established by a valid administrative act, or of settlements predating 1923, shall not be affected. The Committee referred to in paragraph 1 of Article 3 may specify a narrower beach width, following a reasoned decision, taking into account, in particular, the specific geomorphological features and distinctive characteristics of the natural and built environment of the area. As part of the preparation and adoption of Local Spatial Plans, in areas where the foreshore has been defined, the beach line is also determined based on the above criteria. In cases where the shoreline has already been defined during the preparation phase of the Local Spatial Plans, it is incorporated as is.
3. «Old shoreline» refers to the strip of land resulting from the shift of the coastline toward the sea, is caused by natural sedimentation or lawful engineering works, and is defined by the new shoreline and the boundary of the previously existing shoreline.»
2. Paragraph 8 of Article 1 of Law. 2971/2001 is replaced as follows:
«8. «Port works» are those carried out wholly or partly on the foreshore, the beach, the shoreline, the riparian zone, the water body, the seabed, and the subsoil of the seabed, lagoon, lake, and the channel of a navigable river or within a port area, as well as those that result in the modification or alteration of these areas.».
Article 24
Amendment to Article 2 of Law No. 2971/2001
Article 2 of Law. 2971/2001 is replaced as follows:
«Article 2
Ownership of the foreshore, beach, riverbank, riparian zone, body of water, seabed, and subsoil of the seabed, lagoon, lakes, and the riverbeds of navigable rivers
1. The foreshore, the beach, the shoreline, the riparian zone, the water body, the seabed, and the subsoil of the seabed, lagoon, lakes, and the channel of a navigable river are public assets and are owned by the State, which has an obligation to protect and manage them, in accordance with the principles of sustainability and spatial planning.
2. The protection of the common resources and their ecosystems referred to in paragraph 1 is the responsibility of the State, which shall ensure the organization and operation of a comprehensive system for the recording, management, supervision, and control of such resources, in accordance with applicable provisions and the principles of sustainability and spatial planning.
3. The primary purpose of the public resources referred to in paragraph 1 is to ensure the public’s free and unimpeded access to them, as well as to provide a connection between the land and the sea, a lagoon, lagoon, lake, or river. By decision of the Minister of Finance, upon the recommendation of the competent minister in each case, portions of the public property referred to in paragraph 1 may be excluded from public use, solely and exclusively to serve an overriding public interest relating to public safety, health, and the protection of the natural and cultural environment. It is also permitted to grant the use of such property on a temporary basis, in accordance with the provisions of applicable law.
4. It is prohibited to construct buildings or, in general, to install structures on the foreshore, the beach, the shoreline, the riparian zone, the water body, the seabed, and the subsoil of the seabed, lagoon, lake, and the channel of a navigable river. By way of exception, only projects intended to achieve the objectives set forth in this law, as well as those designed to facilitate access to these areas for persons with disabilities (PWD). If, between the shoreline and a public road, as defined in Articles 2, 3, and 4 of Law. 3155/1955 (A' 63) and Article 1 of Presidential Decree 347/1993 (A’ 146), if private property is situated between the public road and the shoreline, there must be a clear passageway for unimpeded and safe access to the shoreline from the public road, in accordance with urban planning legislation.
5. The former shoreline and the former banks of large lakes and navigable rivers, which are designated or redesignated in accordance with Articles 3, 5, 6, and 7A, belong to the public domain, are not subject to the acquisition of private rights, and are registered as public property, owned by the State, which protects and manages them in accordance with the provisions of this law. This law does not affect property rights already acquired or existing concession agreements.
Article 25
Amendment to Article 3 of Law No. 2971/2001
In Article 3 of Law. 2971/2001 Paragraph 5 is added as follows:
«5.a) A Secondary Committee for the Delimitation of the Seashore, the Beach, and the Former Seashore is hereby established within the Ministry of Finance, consisting of:
(i) an Associate Member of the State Legal Council (SLC), nominated by the President of the SLC, along with his or her alternate, as Chair,
(ii) a representative of the Public Property Directorate of the General Secretariat for Public Property of the Ministry of Finance, along with his or her deputy,
iii) an engineer from the Technical Services Directorate of the Ministry of Finance and his or her deputy, specializing in surveying or civil engineering, or, if no such engineer is available, specializing in surveying engineering technology,
(iv) a representative of the Ministry of Maritime Affairs and Island Policy and his or her deputy,
v) a representative of the Ministry of the Environment and his or her alternate, who is a surveyor, civil engineer, or environmental engineer. An employee of the Public Property Directorate is appointed as Secretary of the Committee. The Committee is established by decision of the Minister of Finance and meets during public service hours.
(b) Any matter relating to the operation of the Commission shall be regulated by decision of the Minister of Finance.
(c) The Commission is responsible for reviewing administrative appeals in cases involving the redefinition of the foreshore, the beach, and the former foreshore pursuant to Article 7A.».
Article 26
Amendment to Article 7A of Law No. 2971/2001
In Article 7A, a paragraph 4 is added as follows:
«4. An administrative appeal may be filed against the decision to redefine the boundaries of the foreshore, the beach, and the former foreshore within an exclusive period of thirty (30) days from its publication on the website of the Ministry of Finance, by those having a legal interest, before the Secondary Committee referred to in paragraph 5 of Article 3. The administrative appeal shall be filed with the competent Land Registry Office, which shall forward it without delay and in any case within ten (10) business days, together with the entire relevant file, to the Appeals Committee. The decision of the Secondary Committee is issued within three months of the administrative appeal and the file being forwarded to it, is notified to the appellant, in accordance with the provisions of paragraph 2 of Article 84 of the Code of Administrative Procedure, posted at the offices of the relevant municipality, and published on the website of the Ministry of Finance.’.
Article 27
Amendment to Article 9 of Law No. 2971/2001
The first sentence of paragraph 1 of Article 9 of Law No. 2971/2001 is replaced as follows:
«1. Before establishing the boundary of the foreshore and the beach, the Commission shall conduct an on-site inspection and take into account the natural and other factors that affect the width of the foreshore and the beach, and in particular:».
Article 28
Amendment to Article 11 of Law No. 2971/2001
Article 11 of Law. 2971/2001 is replaced as follows:
«Article 11
Existing projects and facilities based on development laws and expired contracts
1a) Upon the expiration of a contract entered into by the Greek State, the Greek National Tourism Organization (E.O.T.), the General Secretariat of Sports, or local authorities with third parties, or upon the expiration of a concession granted by the Greek State, pursuant to the provisions of development laws concerning projects and facilities that have been completed and are operating legally under a permit issued by the competent authority on the foreshore, beach, riverbanks, riparian zones, bodies of water, the seabed and subsoil of the seabed, lagoons, lakes, and the beds of navigable rivers, the Minister of Finance and the competent minister in the matter shall decide, with a reasoned, joint decision, following a relevant request by an interested party regarding whether or not to retain them, and shall determine their use. The same decision shall specify the duration of the concession and use, which may not exceed twenty (20) years, and shall determine the consideration in accordance with Article 16A, which is adjusted every five years.
b) The interested party shall submit to the locally competent Land Registry Office an application accompanied by a technical dossier certified by the Technical Works Directorate of the relevant Region, which must include a survey plan of the existing structures and a technical report on their structural integrity and functionality.
(c) For the maintenance and further concession of the projects and facilities referred to in paragraph 1, the consent of the competent Ministry and the Ministry of Environment and Energy regarding compliance with applicable environmental legislation, as well as the General Maritime Plan (G.E.N.), in the case of projects intended to serve watercraft. These opinions must be issued within an exclusive period of six (6) months; otherwise, the structures shall be deemed ineligible for preservation. In addition, opinions are required from the competent departments of the Ministries of National Defense, Culture and Sports, Maritime Affairs and Island Policy, and Tourism, for projects carried out by the Greek National Tourism Organization (EOT) or on its behalf, or concerning tourist ports, except for those falling under the provisions of subparagraph (b) of paragraph 4 of Article 31 of Law. 2160/1993 (A’118), as well as the relevant municipality, provided that these agencies have not issued an opinion during the environmental permitting process. The opinions must be submitted within a strict deadline of three (3) months; otherwise, the procedure continues without them.
2. In the event that the projects and facilities to be retained and granted for use also include public or public-benefit engineering works and facilities that are functionally linked to and form an integral part of those originally approved, and were constructed by July 28, 2011, without a permit or in excess of the permit’s scope, on the foreshore, beach, riverbank, riparian zone, body of water, seabed, and subsoil of the seabed, lagoon, lake, and navigable riverbed, their use may be retained and granted by joint decision of the Minister of Finance and the competent minister referred to in paragraph 1. In this case, the provisions of subparagraphs (b) and (c) of paragraph 1 shall apply.
3. If the decision to retain and grant the right of use includes the works and facilities referred to in paragraph 2, the concessionaire is required, within an exclusive period of two (2) months from the issuance of the decision on retention and concession, to submit an application for a permit for the works not covered by the initial permit, in accordance with the procedure set forth in Article 14A.
4. The decision regarding the retention and granting of the right of use shall be revoked by decision of the Minister of Finance, without any financial loss to the State, in the event that the application referred to in paragraph 3 is not submitted within the prescribed exclusive two (2)-month deadline or in the event that it is rejected.
5. If the application for retroactive authorization is denied, the concessionaire is required to dismantle the facilities that exist without a permit within three (3) years from the date on which the rejection of the application becomes final; otherwise, the demolition shall be carried out by the State, and the cost thereof shall be borne by the concessionaire and shall be assessed and collected in accordance with the Public Revenue Collection Code (K.E.D.E.). Structures or buildings that are under protection in accordance with the provisions of Law. 3028/2002 (A'153), or have been designated as buildings to be preserved under the provisions of urban planning legislation.
6. The details regarding the implementation of this article shall be determined by a decision of the Minister of Finance. In cases involving industrial facilities, by a joint decision of the Ministers of Finance and Economy and Development. In cases involving hotel facilities, by joint decision of the Ministers of Finance, Economy and Development, and Tourism. In cases involving petroleum facilities and mining, quarrying, and industrial mineral enterprises, by joint decision of the Ministers of Finance and the Environment and Energy.
7. Works or installations on the foreshore, the beach, the shoreline, the riparian zone, the water body, the seabed, and the subsoil of the seabed, lagoon, lake, and the channel of a navigable river belong to the State, which may remove or alter them at any time for reasons of public interest, public safety, or national defense, without any obligation to compensate the concessionaire.».
Article 29
Amendment to Article 12 of Law No. 2971/2001
Article 12 of Law. 2971/2001 is replaced as follows:
«Article 12
1. If the Committee referred to in Article 3, paragraph 1, determines that the coastline is being eroded by the sea, the construction of the necessary engineering works on the foreshore, on the beach, or in the marine area to prevent erosion. The Commission shall take into account the relevant data and projections from the relevant Regional Plan for Adaptation to Climate Change under Articles 42–45 of Law. 4414/2016 (A’ 149) on adaptation to climate change, provided that it has been approved and contains such provisions, as well as more specific provisions concerning environmental protection. If the Commission determines that the erosion resulted from unlawful actions or projects, the administrative and criminal penalties set forth in Article 29 shall be imposed.
2. If private property is threatened by erosion, the owner may be permitted, at his own expense, in front of his property, and under the supervision of an engineer authorized by law, the protective works referred to in paragraph 1, based on a design approved by the Technical Services Directorate of the relevant Region, which is also responsible for supervising the project, following the approval of the Directorate of Environment and Spatial Planning of the same Region regarding the compatibility of the specific project with the Regional Plan for Adaptation to Climate Change. Completed projects, provided they are located on land owned by the State, are not considered property boundaries. In the event that
Upon determination that these premises have been unlawfully occupied, all measures provided for by current legislation shall be taken to protect them.
3. Applications from interested parties for the construction of the above projects must be submitted to the competent Land Administration Service, along with a complete application package that includes: a) a coastal engineering study approved by the Port Infrastructure Directorate of the Ministry of Infrastructure and Transportation, a technical study of the project approved by the Technical Services Directorate of the relevant Region, stating the purpose of the project, the method for addressing erosion, evidence demonstrating the existing erosion in the area where the protective project will be carried out and the favorable opinion of the Directorate of Environment and Spatial Planning of the relevant Region, regarding the project’s compatibility with the Regional Spatial Framework for Adaptation to Climate Change, provided that it has been approved and contains such provisions, b) a topographic diagram, on a scale of 1:500, showing the boundaries of the foreshore, the beach, and the former foreshore, if any, as well as the projects to be constructed, with coordinates and an alphabetic or numeric description of their vertices and a legend, which specifies in detail the area of the projects to be licensed at Mean Sea Level (MSL) and c) a decision approving environmental terms (A.E.P.O.). For the licensing of protective works, a decision is issued by the Minister of Finance following the concurrence of the Ministries of National Defense, Culture and Sports, and Maritime Affairs and Island Policy, the relevant Regional Council, and a simple opinion from the Architectural Council of the relevant Regional Unit. If these agencies have already issued opinions during the project’s environmental permitting process, their opinions may be submitted by the party interested in constructing the above projects along with the application. If the project design includes technical measures for coastal restoration, the replenishment process may be repeated without a new permit, provided that it is specified in the submitted studies and for the duration of their validity.
4. If coastal erosion threatens to destroy ancient artifacts or compromise the integrity of archaeological sites, by decision of the Coordinator of the relevant Decentralized Administration, the competent departments of the Ministry of Culture and Sports may be authorized to carry out the necessary protective works for the antiquities based on a coastal engineering and technical study, which are approved by the Directorate of Technical Services of the relevant Region, regardless of whether the process of defining the boundaries of the foreshore, the beach, and the former foreshore has been completed. The competent department of the Ministry of Culture and Sports, which is carrying out the project, notifies the competent Land Registry Office of the start and completion of the project’s implementation.
5. For the modification of coastal protection projects that have already been approved, provided that such modifications do not alter the geometric characteristics or the exact location of the project, the procedure set forth in paragraph 3 shall be followed, without requiring new approvals from the Ministries of National Defense, Culture and Sports, and Maritime and Island Policy, the relevant Regional Council, and a simple opinion from the Architectural Council of the relevant Regional Unit, provided that these were obtained during the process of issuing the A.E.P.O., which remains in effect. The amendment of the environmental terms for these projects is carried out in accordance with the procedure set forth in Article 6 of Law. 4014/2011.
6. The works referred to in paragraphs 1 and 2 are the property of the State, which may remove or alter them at any time for reasons of public interest, public safety, or national defense, without any obligation on its part to provide compensation or reimburse the private party’s expenses.
7. If land reclamation is carried out without a permit or in excess of the permit’s terms, or if the relevant projects are not carried out in accordance with the law, the shoreline or beach may not be redefined. The areas created by such land reclamation shall be considered part of the foreshore.».
Article 30
Addition of Article 12A to Law. 2971/2001
In the law. 2971/2001 Article 12A is added as follows:
«Article 12A
Urgent Projects
1. The execution of projects is permitted in the foreshore, on the beach, along the riverbank, in the riparian zone, in a body of water, on the seabed and in the subsoil of the seabed, in a lagoon, lakes, and the channel of a navigable river, notwithstanding the procedures set forth in this law, including the procedure under Article 8, to address civil protection emergencies, as defined in paragraph 1 of Article 1 of Law. 3013/2002 (A 102) and provided that a state of emergency or civil protection alert has been declared in a given area by decision of the competent authority at the time, in accordance with the provisions of Law. 3013/2002.
2. In order to carry out the projects referred to in paragraph 1, the project contractor must submit to the competent Land Registry Office and the competent Port Authority the decision granting an exemption from the environmental permitting process, in accordance with paragraph 2b of Article 1 of Law. 4014/2011 (A 209), as amended by Article 41 of Law. 4456/2017 (A’ 42), as well as a technical dossier for the required works, approved by the authority responsible for environmental permitting. The project contractor shall notify the competent Land Registry Office and the competent Port Authority of the commencement and completion of project implementation work, as well as the competent department of the Ministry of Culture and Sports for the monitoring of the projects, where required.
3. If, in the areas where the execution of emergency projects has been permitted, there are pre-existing projects that were carried out without a permit or in violation of a permit and were constructed by July 28, 2011, following the completion of the emergency works, the existing structures shall be granted a permit and authorization to use the foreshore in accordance with the procedure set forth in Article 14A; otherwise, their demolition shall be ordered, in accordance with the procedure set forth in Article 27. If, for projects constructed without a permit or in violation of a permit, the application for a permit and authorization to use the foreshore is rejected, such projects shall be deemed subject to demolition.
4. The foregoing does not apply in the cases provided for in Article 86 of Law. 4504/2017 »(A' 184).".
Article 31
Amendment to Article 13 of Law No. 2971/2001
Article 13 of Law. 2971/2001 is replaced as follows:
«Article 13
Concession for Simple Use
1. «Simple use» of the foreshore, beach, riverbank, riparian zone, or the waters of the sea, a lagoon, lakes, and navigable rivers, is any use that does not violate their designation as public property and does not alter their natural morphology or ecological elements. Unless otherwise specified in this law, the grant of simple use is made in exchange for consideration. For the grant of simple use, the relevant first-level local government body issues a reasoned opinion by decision of the Municipal Council, proposing the foreshores, beaches, riverbanks, and riparian zones that may be granted, in accordance with the procedure set forth herein.
2.a) The grant of a simple right of use is made by decision of the Minister of Finance following an auction, which may also be conducted electronically. The starting price of the auction is set at the consideration specified in Article 16A. In the event that the auction is repeated due to the highest bidder’s disqualification, the starting price may not be less than fifty percent (50%) of the consideration awarded in the initial auction and, in any case, not less than the consideration specified in Article 16A; furthermore, the initial highest bidder, his or her spouse, and his or her relatives by blood or marriage up to the second degree, as well as any companies in which any of the aforementioned individuals hold an interest, are excluded from the auction. The duration of the concession granted through auction may not exceed three (3) years. The Minister of Finance shall issue a decision establishing the auction procedure, the general terms and conditions, and any other matters related to the concession.
(b) In first-level local government units or municipal enterprises referred to in Article 266 of Law. 3463/2006 (A’11) The concession may also be granted directly by a joint decision of the Ministers of the Interior and Finance, unless otherwise specified in the provisions of this law. The concession to municipal enterprises under Article 266 of Law. 3463/2006 It is granted for the grantee’s own use and without the right to further sublicense, with or without consideration. If the grantee is a first-level local government entity, it is permitted to further sublicense, in accordance with paragraph 4 and subparagraph (a) of paragraph 5, in exchange for consideration determined in accordance with Article 16A. The concession may also be awarded through an electronic auction with a starting price equal to the consideration determined in accordance with Article 16A. The provisions applicable to concessions granted by the State also apply to concessions granted by local authorities.
3. By joint decision of the Ministers of the Interior, Finance, and Environment and Energy, the sites to be granted, the technical matters, other terms and conditions, and the necessary details for the grant of simple use, including the cases referred to in paragraphs 5 and 6, specific terms for the grant of simple use rights at sites located in areas included in the Natura 2000 network, as well as in areas subject to more specific provisions designating them as protected areas under the law 1650/1986 (A'160), 3937/2011 (A 60) and 3028/2002 (A’53). The same decision shall specify the manner and timing of payment of the consideration for the concession, as well as any other necessary matters relating to the implementation of this article. The above notices must be posted on the website of the General Secretariat for Public Property of the Ministry of Finance.
4. It is possible to grant a license for the simple use of the foreshore, beach, riverbank, riparian zone, and the waters of the sea, lagoons, lakes, and navigable rivers may be granted for the purpose of activities that serve swimmers or the public’s recreation, particularly for the rental of water recreation equipment, lounge chairs, beach umbrellas, the operation of a motorized or towed mobile refreshment stand, as well as tables and chairs, provided that free passage for the public is ensured and in accordance with the composition of the foreshore terrain, under the procedure and conditions set forth in paragraphs 2 and 3. The area of each concession may not exceed three hundred (300) square meters. In any case, a portion of the foreshore must remain unrestricted, amounting to at least sixty percent (60%) of its total area, depending on the qualitative characteristics of the foreshore, excluding areas that are inaccessible and unusable, and subject to the restrictions regarding the percentage of foreshore coverage specified therein.
5. a) In areas adjacent to the shoreline, beach, lagoon, lake, or navigable river, major hotel accommodations, organized tourist campsites (camping), recreational centers, water sports clubs recognized by the General Secretariat of Sports, as well as recreational watercraft businesses operating in an area adjacent to the public water’s edge and operating legally, and provided that the conditions of General Port Regulation No. 20 (B« 444/1999), the simple use of the foreshore, beach, riverbank, or riparian zone may be granted in exchange for consideration, in accordance with the provisions of paragraph 3, without a public auction, for a period of up to three (3) years and for the purposes specified in the first sentence of paragraph 4. In the event of contiguous businesses as described in the first sentence of this paragraph, a free zone of at least two (2) meters on either side of each business’s boundaries shall be maintained. If the frontage of the business is less than six (6) meters, the buffer zone is reduced by fifty percent (50%) on either side of its boundaries. If a municipal road lies between the areas where the business operates and the public spaces referred to in the first paragraph of this section, the status of »adjacent’ is maintained. The same applies when a square is situated between the business and the aforementioned public spaces. If there are more than one business operating with a storefront facing a square adjacent to the aforementioned public spaces, an auction shall be held for the concession of portions thereof, which may also be conducted electronically, with a starting price equal to the consideration specified in accordance with Article 16A. If, between the areas where the business operates and the common areas, there is a private property or a property belonging to the private estate of the State or to the company named “Public Real Estate Company S.A.”, the aforementioned concession must be preceded by the acquisition of a real or personal right in rem over said property and the extension of the business activity to it, in order to acquire the status of an adjacent owner. The consideration for this concession is determined in accordance with Article 16A.
b) In major hotel accommodations adjacent to the shoreline and in organized tourist campsites (camping) adjacent to the shoreline, the operation of recreational watercraft or other related businesses is permitted, upon issuance of the required special permit pursuant to General Port Regulation No. 20.
(c) The companies referred to in subparagraph (b) are permitted to enter into a works contract with a third-party natural or legal person who holds all the necessary legal permits and approvals, as provided for in General Port Regulation No. 20, for the purpose of carrying out the activities described in case (b). This specific activity is carried out in a clearly defined section of the concession area, which may not exceed twenty percent (20%) of the total concession, in exchange for a fee that may not exceed the proportionate fee corresponding to the specific concession area and specified for the concession, and for a period equal to or shorter than the term of the concession; in any case, it may not exceed the remaining term of the concession. The concession shall be revoked if it is determined that the consideration paid is higher than the amount commensurate with the specific concession area and established for the concession. The provisions of General Port Regulation No. 20 also apply in this specific case. The concessionaire bears responsibility for complying with the terms of the concession and is fully liable, jointly and severally, with any party deriving rights therefrom. The contract referred to in the first paragraph shall be notified to the competent Land Registry Office, which shall verify its legality.
(d) Cases (b) and (c) do not preclude the granting of a simple right of use of the foreshore, beach, riverbank, or riparian zone to a third-party operator, in the same area, for the operation of recreational watercraft or another related business, in accordance with the provisions of General Port Regulation No. 20.
6. The placement of umbrellas, lounge chairs, and water recreation equipment in accordance with paragraphs 4 and 5 may cover up to sixty percent (60%) of the allocated space, in such a way as to ensure free public access both perpendicular and parallel to the sea and the existence of a free zone from the shoreline at least five (5) meters wide. For the foreshore, beach, riverbank, riparian zone, or water body of the sea, lagoon, lake, or navigable river that has been included in the Natura 2000 network, the coverage may not exceed thirty percent (30%) of the concession area, provided that the conservation objectives for the protected site are not affected. Violation of the above conditions will result in the revocation of the concession.
7. The use of the beach for umbrellas, lounge chairs, tables and chairs, and mobile food carts when its length or width is less than five (5) meters or when the total area of the foreshore is less than one hundred fifty (150) square meters, except in cases where business operating permits, as provided for in paragraph 4, are in effect, and until their expiration.
8. The restrictions set forth in paragraphs 6 and 7 also apply to the concessions referred to in paragraph 5.
9. In the concessions referred to in paragraphs 4 and 5, the concessionaire is required to mark the boundaries of the concession area on the ground in a manner that is is recognizable and easily understood by users of the foreshore, beach, riverbank, or riparian zone. Furthermore, the concessionaire is required to post a sign of specific dimensions in a conspicuous location, displaying a diagram and photograph of the concession area, so that any violation of the concession boundaries can be easily identified, along with the relevant authorities to which the foreshore user may report such violations. The above information is also posted on the website of the relevant municipality.
The first-level local government authority, in cooperation with the competent Land Administration Service, is required to post a sign in a conspicuous location on the foreshore showing a map of the foreshore, on which all concessions within that specific foreshore area are marked.
In the event of a violation of the boundaries of the concession, the user of the foreshore, the beach, the riverbank, or the riparian zone to freely use any public space that has been occupied arbitrarily or beyond the scope of the concession.
10. To enter into the concession agreement referred to in paragraphs 4 and 5, a certificate of no outstanding debts to the relevant municipality must be presented.
11. With regard to the foreshore, beach, shoreline, riparian zone, body of water, seabed, and subsoil of the seabed, lagoon, lakes, and navigable rivers—which surround or within which are located archaeological sites, monuments, and historic sites; a prerequisite for granting permission for their simple use is the prior approval of the competent departments of the Ministry of Culture and Sports.
12. All the terms and restrictions set forth herein shall also apply to Public Tourist Lands that have been designated as such or for which a Council of Ministers Act has been issued pursuant to pursuant to paragraphs 1 and 3 of Article 1 of the 20th Constitutional Act of February 6–14, 1968 (A’ 33).».
Article 32
Addition of Article 13A to Law. 2971/2001
In the law. 2971/2001 After Article 13, Article 13A is added as follows:
«Article 13A
Special Cases of Granting of Simple Use Rights
1.a) It is permitted, in exchange for financial compensation, as specified in No. 8321.3/06/14/2014 Joint Decision of the Ministers of Finance and of Maritime Affairs and Island Policy (B’ 2788) and in accordance with the procedure set forth in case (b), floating platforms with a surface area of up to one hundred fifty (150) square meters may be installed at sea, without encroaching on the foreshore, floating platforms with a surface area of up to one hundred fifty (150) square meters for seasonal use lasting up to six (6) months, to ensure access and to pursue the purposes provided for by the applicable provisions, as well as for cultural or tourist purposes. The use of the facilities referred to in the preceding paragraph for the operation of restaurants or recreational centers, and generally for businesses related to public health, is prohibited.
b) For the installation and use of a floating platform within the maritime zone of a port (PZL), a decision is issued by the Secretary General for Ports and Port Policy of the Ministry of Shipping and Island Policy, following the concurrence of the Ministry of Culture and Sports, the Secretary General for Tourism Policy and Development of the Ministry of Tourism, and a recommendation from the competent Port Authority. The opinions referred to in the preceding paragraph must be issued within an exclusive time limit of two (2) months; otherwise, the procedure shall proceed without them. If the TZL is located within a protected area for which a Management Authority exists, the Management Authority’s consent is also required for the decision to be issued. For the installation and use of a floating platform outside the Exclusive Economic Zone (EEZ), the consent of the competent Land Registry Office is also required, as well as that of the Management Authority, if any, and the relevant decision is issued by the Minister of Finance.
(c) By decision of the Minister of Maritime Affairs and Island Policy, all matters relating to the implementation of this law shall be determined, in particular those concerning conditions, technical issues, or specifications that must be met by the installedplatforms must meet, their maintenance and removal, as well as the conditions for accessing them from land and vice versa.
2. It is permitted, in exchange for financial compensation determined in accordance with Article 16A, by decision of the Minister of Finance, following the consent of the Ministries of Culture and Sports and of Environment and Energy, as well as the Management Authority, if any, to be installed in the lake area or lagoon, without interfering with the shores or riparian zones, floating platforms, with a surface area of up to fifty (50) square meters, for seasonal use lasting up to six (6) months, to ensure access and to pursue purposes provided for by applicable regulations, as well as for cultural purposes. The use of the facilities referred to in the preceding paragraph for the operation of restaurants or recreational centers, and generally for businesses related to public health, is prohibited.
By joint decision of the Ministers of Finance and of the Environment and Energy, the terms and conditions for the installation of floating platforms, the specifications they must meet, the conditions for their maintenance and removal, the conditions for access to them from the shores, general technical issues, and any other relevant matters concerning the implementation of this paragraph. Specifically for lakes whose water is intended for human consumption, the provisions set forth in No. C1(d)/GP, Ministry of the Interior, shall be taken into account.67322/September 6, 2017: Joint Decision of the Ministers of the Interior, Economy and Development, Health, and Environment and Energy (B’ 3282).
3. It is permitted, in exchange for a fee determined in accordance with Article 16A, by decision of the Minister of Finance, following the concurrence of the Ministries of Culture and Sports, Environment and Energy, and Shipping and Island Policy, and upon the recommendation of the competent Port Authority, the installation in a marine area for seasonal use lasting up to six (6) months, without encroachment on the foreshore, of inflatable recreational watercraft, marine playgrounds, and other related facilities, By joint decision of the Ministers of Finance and of Shipping and Island Policy, all matters relating to the implementation of this provision shall be determined, particularly those concerning the conditions, technical issues, or specifications that be met by the aforementioned systems, the maximum water surface area they may occupy, the areas in which their installation is permitted, and the maximum number of such systems per prefecture.
Specifically for seasonal floating platforms, regardless of whether they are located in the sea, a lake, or a river, if they are installed at the same locations each year, the approval of the competent departments of the Ministry of Culture and Sports must be renewed every five (5) years.
4. For the installation and use of a floating platform, as well as inflatable recreational watercraft systems, in accordance with the procedures set forth in paragraphs 1, 2, and 3, compliance with the procedure set forth in paragraphs 6 through 10 of Article 14 is not required.
5. The concession of the simple use of the foreshore, beach, riverbank, and riparian zone, lagoons, lakes, and navigable rivers to aquaculture enterprises for the purpose of depositing, exclusively and solely, raw materials, supplies, and equipment necessary for their operation, without the use of any structures. The concession is granted by joint decision of the Ministers of Finance and of Rural Development and Food for a period of up to three (3) years, with the possibility of renewal.
6. By decision of the Head of the competent Land Registry Office, which is communicated to the competent Port Authority, and provided that the activity does not conflict with more specific provisions of environmental legislation, permission may be granted, without compensation, the simple use of the foreshore, beach, riverbank, riparian zone, and the waters of the sea, lagoon, lakes, and navigable rivers, to water sports clubs supervised by the General Secretariat of Sports, or to the General Secretariat of Sports itself, for the sole purpose of directly serving the athletic needs of their members or its own athletic purposes, respectively. Furthermore, the grant, without compensation, of the simple use of the foreshore, beach, riverbank, riparian zone, and water bodies of the sea, lagoon, lakes, and navigable rivers to sports organizations, subject to the approval of the relevant municipality, or to local government agencies for the purpose of holding athletic competitions, for a period not exceeding thirty (30) days per year across all beaches of the Municipality, provided that the activity does not conflict with more specific provisions of environmental legislation. In cases where this authorization is granted, free access to the foreshore, the beach, the shoreline, or the riparian zone, as well as to the waters of the sea, lagoon, lake, or navigable river. If, pursuant to the decision in the first paragraph of this section, consideration is provided for, it shall be determined in accordance with Article 16A, reduced by ten percent (10%).
7. By decision of the Head of the competent Land Administration Service, which is communicated to the competent Port Authority, to grant, without compensation, portions of the foreshore and beach to first-level local authorities, upon request by the relevant municipality, for the execution of works thereon, that are not permanently fixed to the ground, which are intended exclusively to facilitate access for persons with disabilities, or are required for reasons of public order or public safety. Every first-level local government authority must ensure access for people with disabilities to at least one beach within its territorial jurisdiction. In this case, compliance with the procedure set forth in paragraphs 6 through 10 of Article 14 is not required. The project management body shall notify the competent department of the Ministry of Culture and Sports so that, if the site is located within a designated archaeological site, approval may be granted and the project’s implementation monitored.
8. By decision of the Head of the competent Land Registry Office, which is communicated to the competent Port Authority, upon request by the relevant municipality, the concession is permitted, in exchange for a fee determined in accordance with Article 16A, the simple use of the foreshore, beach, shoreline, and riparian zone of a lagoon, lakes, and navigable rivers for the purpose of holding cultural events organized either under the auspices of the relevant first-level local government or by the first-level local government itself, provided that the activity does not conflict with more specific provisions of environmental legislation. The concessions referred to in the preceding paragraph may not exceed twenty (20) days per year for the total length of the shoreline within the jurisdiction of each first-level local authority. If cultural events are held within designated terrestrial or underwater archaeological sites or near monuments, prior approval from the competent department of the Ministry of Culture and Sports is required for the concession.
9. By decision of the Head of the competent Land Administration Service, which is communicated to the competent Port Authority, it is possible to grant, in exchange for a fee determined in accordance with Article 16A, the simple use of the foreshore, beach, lakeshore, and riparian zone of a lake, lagoons, and navigable rivers for the purpose of holding wedding ceremonies and social events, provided that public access is not substantially restricted and that the activity does not conflict with more specific provisions of environmental legislation. If such events take place within designated terrestrial or underwater archaeological sites or near monuments, prior approval from the competent department of the Ministry of Culture and Sports is required for the concession. By joint decision of the Ministers of the Interior, Finance, Shipping and Island Policy, and Tourism—to be issued within two (2) months of the entry into force of this article—the specific terms, the prerequisites, the method, the procedure, and any other matter related to the implementation of this paragraph. The Minister of Environment and Energy shall also participate in the issuance of said decision, in cases where such a decision establishes the specific terms for concessions in areas included in the Natura 2000 network, as well as in areas subject to more specific provisions regarding their designation as protected areas under Law 650/1986 (A’ 160), 3937/2011 (A 60) and 3028/2002. The same decision also sets the maximum number of beaches allowed per municipality and the maximum number of social events allowed per beach.
10. If it is determined that a cultural, athletic, or other social event, as well as a wedding ceremony, has been held without the required permits or in violation of the terms of the concession agreement, the competent Land Administration Service shall impose a fine on the event organizer, the amount of which shall be three times the fee that would have been payable for the concession.
The fine is assessed and collected in accordance with the provisions of the Code of Administrative Procedure.
11. By decision of the Head of the competent Land Administration Service, which is communicated to the competent Port Authority, the concession, in exchange for financial consideration, as determined in accordance with Article 16A, the simple use of the foreshore, beach, riverbank, riparian zone, and marine waters,
lagoons, lakes, and navigable rivers for the purposes of audiovisual filming. If filming takes place within designated archaeological sites or near monuments, the prior approval of the competent authority is required for the permit.
an agency of the Ministry of Culture and Sports. Existing provisions regarding the obtaining of permits from other authorities remain in effect.
12. In all of the above cases, provided that the areas to be granted fall within regions that are part of the Natura 2000 network, as well as for areas subject to more specific provisions designating them as protected under Law.1650/1986, the consent of the relevant management body is required.
13. By joint decision of the Ministers of Finance, Environment and Energy, and Maritime Affairs and Island Policy, the right to use the foreshore, beach, riverbanks, riparian zones, the water body, the seabed, and the subsoil of the seabed, lagoons, lakes, and the riverbeds of navigable rivers—directly, with or without compensation, to public legal entities and protected area management bodies, for the purpose of researching and studying the coastal ecosystem and for other research purposes related to the environment, provided that this is provided for in their founding documents or if the transfer is deemed necessary for the exercise of their responsibilities related to the aforementioned purpose.
14. In order to enter into the concession agreement referred to in subparagraphs (a) and (b) of paragraph 1 and in paragraphs 2, 3, 5, 9, and 11, a certificate of no outstanding debts to the relevant municipality must be submitted.».
Article 33
Amendment to Article 14 of Law No. 2971/2001
Article 14 of Law. 2971/2001 is replaced as follows:
«Article 14
Grant of Use for the Execution of Projects
1. By decision of the Minister of Finance, it is possible, in accordance with the procedure set forth in paragraph 6, to grant, without a public auction, direct concessions to public-sector entities and private companies for the use of the foreshore, beach, riverbank, riparian zone, body of water, seabed and subsoil of the sea, lagoon, lakes, and the beds of navigable rivers, for the execution of projects that serve public benefit or environmental protection purposes, water sports, research, water supply, sewerage, scientific, redevelopment, industrial, mining, transportation, port, shipbuilding and repair, energy, fishing, and aquaculture purposes. Local spatial plans and the maritime spatial plan, as defined in Law. 4546/2018 (A'101), are taken into account after their approval. The concession may also include the mere use of the foreshore, riverbank, riparian zone, water body, seabed, and subsoil of the seabed, lagoon, lake, and navigable riverbed to serve the operational needs of these projects. The consideration for the concessions under this provision is determined in accordance with Article 16A. Specifically for port tourism infrastructure and businesses, the concession is granted following the approval of the Minister of Tourism. The provisions of this paragraph do not apply to tourist ports falling under Article 29 of Law. 2160/1993 (A 118).
2. In accordance with the procedure set forth in paragraphs 1, 6, 7, 8, 9, and 10, the granting of the right to use the foreshore, beach, shoreline, riparian zone, water body, seabed, and subsoil of the seabed, lagoon, lake, and the bed of a navigable river, specifically for:
(a) public benefit or environmental protection purposes, provided that the projects are carried out by the State or a public-law entity, including local government authorities, public utility companies, or Protected Area Management Agencies,
(b) water sports projects based on studies approved by the General Secretariat of Sports,
(c) redevelopment projects under Article 8 of Law. 2508/1997 (A'124) carried out by the State, public legal entities, and local government authorities,
(d) research purposes,
(e) projects to support or establish legally operating aquaculture businesses,
(f) the installation of fixed or floating platforms, the construction of piers and wharves, the installation of lifting and loading/unloading equipment of all kinds, namely conveyor belts, cranes, pipelines for transporting liquid cargo, and other related systems or works intended to facilitate the transport of cargo or supplies, produced or used by aquaculture, industrial, mining, shipbuilding and ship repair enterprises, which operate legally on properties over which the aforementioned enterprises have a right of use based on a real property or contractual relationship and on which they have constructed their main facilities. The construction of the projects, within the framework of the above concession, shall be carried out in accordance with the provisions of this law, in compliance with general and specific urban planning regulations, as well as the relevant provisions governing ports. Construction of the projects covered by this law may not begin unless the concession decision has first been filed with the competent port authority. The projects belong to the State, which may remove or alter them at any time for reasons of public interest, public safety, or national defense, without any obligation to pay compensation or to reimburse the private party for the costs of their construction and maintenance. The supervising engineer is responsible for the construction of the project in accordance with the concession agreement and the approved final design, regardless of whether it borders the foreshore or beach zone,
(g) the construction of infrastructure projects and facilities intended to support the operation of all forms of transportation by legally operating transportation companies,
(h) the execution of projects for the installation of power plants using Renewable Energy Sources (RES), including the installation of substations, as well as the construction of any project deemed necessary for connecting a RES plant to the system or the Grid, including the necessary space for the installation of equipment and the necessary personnel for the safe operation and maintenance of the project. Specifically for the execution of the projects referred to in this paragraph, the concession decision by the Minister of Finance may concern the mainland, islands, or islets. A concession may also be granted for the construction of other projects that have been approved in accordance with the
environmental permitting process. This provision also applies to projects designed to strengthen the Transmission System or the Grid, as well as for projects connecting islands to the National Interconnected Transmission System, which will also serve to increase the penetration of renewable energy sources and, in general, any project related to their construction and operation or listed in the AEPO as an ancillary project, including access road projects. For the projects covered herein, notwithstanding paragraphs 6 through 10, the interested party shall submit an application to the competent Land Administration Service following the issuance of the AEPO for the renewable energy station or the interconnection project, which must include all projects for which the grant of the aforementioned right is requested, including those designated as ancillary projects in the AEPO. The Land Registry shall forward the application without delay, and in any event within twenty (20) days of its submission to the Land Registry and to AEPO, the application to the Ministries of Economy and Development, Culture and Sports, Maritime Affairs and Island Policy, and Tourism, as well as to the General Secretariat for Energy, unless these agencies have already issued opinions during the environmental permitting process for the project and their opinions have been submitted by the applicant along with the application. After the opinions have been gathered or a period of three (3) months has elapsed without action following the submission of the application to these agencies, the competent Land Administration Service shall proceed to issue the concession decision.
The provisions of this article do not apply to the installation of wind farms in national maritime waters, in accordance with Article 6A of Law. 3468/2006 (A 129).
3. The projects that may be carried out to achieve the objectives set forth in paragraphs 1 and 2 include the installation of undersea pipelines and cables, mooring facilities outside the port’s maritime zone, floating piers and platforms, and the installation of artificial reefs, excluding their use for tourism purposes.
4.a) The construction of temporary or permanent structures on the foreshore and beach that have been designated as Public Tourist Lands or for which a Council of Ministers Act has been issued pursuant to pursuant to paragraphs 1 and 3 of Article 1 of the 20th Constitutional Act of February 6–14, 1968, as well as in the adjacent or adjoining marine area, shall be made by joint decision of the Ministers of Finance and Tourism.
b) A seven-member committee is established within the Ministry of Finance, consisting of the Secretary General for Tourism Policy and Development of the Ministry of Tourism, the Secretary General of the Ministry of Culture and Sports, a representative of the General Staff of the Navy of the Ministry of National Defense, a representative of the General Directorate of Public Property and Public Benefit Assets of the Ministry of Finance, a representative of the General Directorate of Environmental Policy of the Ministry of Environment and Energy, a representative of the General Secretariat for Infrastructure of the Ministry of Infrastructure and Transport, and a representative of the General Secretariat for Ports, Port Policy and Maritime Investments of the Ministry of Maritime Affairs and Island Policy. The Secretary General for Tourism Policy and Development of the Ministry of Tourism is appointed as Chair of the Committee, with the Director General of the General Secretariat for Ports, Port Policy and Maritime Investments of the Ministry of Maritime Affairs and Island Policy. The Committee is established by a joint decision of the Ministers of Finance and Tourism. The same decision designates the alternate members and the Secretary of the Committee, along with his or her alternate. The Committee may, upon a recommendation by its Chair, be assisted in its work by specialized civil servants who serve in any public service or in agencies of the General Government.
(c) Matters concerning the operation of the Committee are regulated by a joint decision of the Ministers of Finance and Tourism.
(d) The Commission is responsible for reviewing and
submission of an opinion to the Ministers of Finance and Tourism regarding the fulfillment of the conditions for the execution of projects under case (a), following the submission of the dossier and the studies required by applicable law.
(e) The Commission, in the exercise of its powers, may conduct on-site inspections and request information, technical data, or other materials from the competent local authorities.
5. The concession remains in effect for as long as the entity’s or business’s establishment or operation permit remains valid, and shall automatically terminate, without any liability to the State, when such license ceases to be valid for any reason.
6. The interested party shall submit an application to the competent Land Registry Office, accompanied by a complete dossier containing:
(a) a coastal engineering study approved by the Ministry of Transportation and Infrastructure, if required by the nature of the project,
(b) the decision approving the environmental terms for the project in accordance with the provisions of Law. 4014/2011, or, as applicable, the decision approving inclusion in the Standard Environmental Commitments regime under Law. 4014/2011,
(c) the final project design approved by the Technical Works Directorate of the relevant Region, accompanied by the consent of the entities listed in paragraph 8, unless such approvals have already been granted in accordance with the environmental permitting procedure,
(d) the shoreline boundary and the exact boundaries of the requested area on the subsoil referred to in Article 4
or topographic maps meeting the specifications set forth in paragraph 6 of Article 4 and recent aerial photographs,
(e) compliance with tax and social security obligations,
(f) a performance bond for the project,
(g) approval or notification by the competent authority regarding the establishment or operation of the business. In the event that such approval or notification cannot be granted prior to the concession of the foreshore, beach, riverbank, riparian zone, body of water, seabed and subsoil of the sea, lagoon, lake, or navigable riverbed, the concession decision is issued, but is subject to the condition that the relevant establishment or installation permit be issued within one (1) year of the concession. If, for any reason, the permit for the establishment or installation of the business is not ultimately issued, the concession is automatically revoked, and a corresponding declaratory act is issued by the Minister of Finance.
7. During the environmental permitting process, the applicable provisions of environmental legislation in force shall apply. If no environmental permitting is required, the following co-competent authorities shall also provide their opinion on the concession:
(a) the Ministry of National Defense, through the General Staff of National Defense,
(b) the Ministry of Economy and Development, in cases involving the concession of foreshore land to industrial facilities,
(c) the Ministry of Environment and Energy, in cases involving the concession of foreshore land to petroleum facilities and to companies engaged in mining, quarrying, and industrial minerals,
(d) the Ministry of Rural Development and Food for projects at ports, lakes, lagoons, and rivers, as well as for the construction of a fishing shelter intended to protect commercial fishing vessels and for the establishment and installation of fish farming facilities, as well as for any other matter within its jurisdiction,
(e) the Ministry of Culture and Sports,
(f) the Ministry of Maritime Affairs and Island Policy,
(g) the Ministry of Tourism,
(h) the relevant Municipal Council.
These opinions must be submitted within a strict three (3)-month deadline from the submission of the complete application; otherwise, the process will continue without them.
8. Approval of the final project design requires the consent of the Minister of National Defense regarding matters of national defense and maritime safety, and of the Minister of Culture and Sports, provided that the latter’s opinion was not expressed during the environmental permitting stage. For traditional settlements, the consent of the Minister of Environment and Energy is also required. The above opinions must be issued within six (6) months of the submission of a complete application to the respective authorities.
9. The Land Registry, after conducting an on-site inspection, is required to submit to the Public Property Directorate of the General Secretariat for Public Property of the Ministry of Finance, within three (3) months of the submission of the application and the complete file to it, a report specifying the consideration for the concession in accordance with Article 16A.
10. The Public Property Directorate shall, within three (3) months of receiving the explanatory report and the file, draft a concession decision.
11. a) The repair and maintenance of the facilities referred to in paragraphs 1, 2, and 3, including the partial or total replacement of parts thereof on the foreshore, beach, riverbanks, riparian zones, bodies of water, the seabed and subsoil of the seabed, lagoons, lakes, and the channel of a navigable river, provided that there is no alteration to the surrounding area or to the geometric and technical characteristics of the project, and human health and the safety of workers and users are not endangered, it is carried out in accordance with the applicable AEPO, which has been granted for the entire project for which the replacement, repair, or maintenance is to be performed, and no new concession decision under paragraph 1 is required. In order to commence the aforementioned scheduled replacement, repair, or maintenance work, a technical study must be prepared and approved by the Technical Works Directorate of the relevant Region, which must be submitted at least fifteen (15) days in advance to the competent Land Registry Office, the Port Authority, and the agency responsible for approving environmental conditions.
(b) If it is determined that work is being carried out in violation of the terms of the concession, the competent Land Administration Service shall issue a decision prohibiting, ceasing, or suspending the performance of the relevant work, which shall be notified to the competent Police or Port Authority. In such a case, the measures provided for in Articles 27 and 29 shall be taken.
c) If it is determined that work has been performed in deviation from the relevant technical design, the competent Port Authority shall impose a fine ranging from ten thousand (10,000) to one hundred thousand (100,000) euros, depending on the extent of the deviation from the study, without prejudice to stricter fines that may be imposed for violations of applicable environmental legislation. In addition, the competent Land Registry Office issues a report on the demolition and restoration of the property to its previous condition.
d) In the event of an unforeseen failure at existing facilities that could cause an environmental problem, marine pollution, or a disruption to the region’s energy supply, the repair work shall be carried out after the project supervisor has notified the competent Port Authority in advance.
12. Specifically for structures used in the operation of aquaculture facilities (ancillary facilities), for which an exemption has been granted under Article 121 of Law. 4495/2017 (A’ 167), the issuance and enforcement of the Administrative Eviction Order and the demolition order are suspended as of the date of inclusion, as well as the issuance of the Protocol for the Determination of Compensation for Unauthorized Use, which pertains to the period following the date of inclusion. The granting of use of these premises is not precluded in this case, and their use is at the concessionaires’ own risk. Similarly, a concession may be granted for the execution of works in accordance with the procedure set forth herein. Provided that, upon the expiration of the two-year period specified in Article 121 of Law. 4495/2017 If the procedure set forth therein has not been followed, the suspension of the protective measures shall cease, and such measures shall be imposed as provided by the relevant provisions.
13. Dredging and restoration projects to restore operational depths, as provided for in the construction design of the port facilities, which are rendered necessary due to sedimentation resulting from losses of loaded and unloaded material, as well as other causes, in particular the accumulation of sediment and siltation resulting from natural disasters or occurring through natural processes, are authorized by a decision of the Secretary General for Ports and Port Policy of the Ministry of Shipping and Island Policy, which is issued upon request by the interested party and with the prior approval of the Ministry of Culture and Sports (Superintendence of Underwater Antiquities), provided that such approval has not already been granted during the port facility licensing process. The aforementioned decision of the Secretary General for Ports and Port Policy also specifies the method for disposing of the material removed during seabed dredging. Construction and use permits for port projects that have already been granted are also valid for all of the above works. Prior notification of the decision to the competent Port Authority is required before work may begin.
14. Provided that the concessionaire agrees, the Minister of Finance may, by decision, authorize the use of the works and facilities referred to in subparagraph (f) of paragraph 2 by third parties, other than the concessionaire, to legally operating businesses, for a specified period of time—in any case not exceeding three years—and for the purposes set forth in paragraphs 1, 2, and 3. This decision is issued following the submission of a technical report by the applicant and the issuance of an opinion by the Ministries of Environment and Energy and of Shipping and Island Policy, as well as thecompetent Land Registry Office.
The above opinions are issued within three (3) months of the submission of the request. The decision shall also specify the consideration, in accordance with Article 16A, which is certified by an act of the competent authority.
Land Registry and is collected in accordance with the provisions of the K.E.D.E. In the event of a delay in payment of the consideration, the decision referred to in the first paragraph of this section shall be revoked.
15. The usage fee for the granted land, pursuant to this article, is calculated in accordance with Article 16A, unless an exemption applies as provided for in paragraph 4 of Article 15. The fee is certified by an act of the competent Land Registry Office and collected in accordance with the provisions of the K.E.D.E. In the event of a delay in payment of the consideration and the passage of three (3) months from the date of default on an installment of the specified consideration, the concessionaire is automatically forfeited from the concession. An act of the Minister of Finance, which is of a declaratory nature, is issued for the automatic forfeiture of the concession. Specifically for areas in which Protected Area Management Agencies have been established under Law 4519/2018 (A’ 29), two percent (2%) of the consideration is allocated to the Green Fund exclusively for the financing of the aforementioned bodies, and the transfer of any portion thereof to other agencies, funds, or legal entities is expressly prohibited.
16. The works referred to in this article are the property of the Greek State, which may remove or alter them at any time for reasons of public interest, public safety, or national defense, without any obligation to pay compensation or reimburse the construction and maintenance costs incurred by their builder or user. The use of the works may be granted by decision of the Minister of Finance, in exchange for a consideration determined in accordance with Article 16A, for a specified period of time. It is possible to grant the use of the works for a specified period to General Government entities without consideration, so that they may be used for public benefit purposes; provided that the managing entity does not receive any consideration for their normal use.
17. (a) The right to use the foreshore, beach, riverbank, riparian zone, body of water, seabed and subsoil of the sea, lagoon, lake, and the channel of a navigable river may be granted, in accordance with this article, for the construction of telecommunications, energy, water supply, sewerage, and wastewater treatment projects, even if there are projects in the aforementioned public areas that are being carried out without a permit or in excess of the permit’s scope.
b) The technical study submitted for the proposed project must also describe in detail the required restoration process in the event that the existing unauthorized structures are not granted permits and are deemed subject to demolition in accordance with applicable law.
18. Provisions concerning the protection of water quality and quantity, under which a permit must be issued by the authorities responsible for the protection of water quality and quantity or by other authorities, remain in force.».
Article 34
Addition of Article 14A to Law. 2971/2001
In the law. 2971/2001 After Article 14, Article 14A is added as follows:
«Article 14A
Licensing for the Use of Existing Structures Built Without a Permit or in Violation of a Permit
1. (a) Projects under Articles 12, 12A, and paragraphs 1, 2, and 3 of Article 14 that were constructed by July 28, 2011, on the foreshore, the beach, the shoreline, the riparian zone, the water body, the seabed, and the subsoil of the seabed, lagoon, lake, and navigable riverbed without a decision granting a concession for use, regardless of whether a demolition protocol was issued prior to the effective date of this article, may be granted a concession for use by a reasoned decision of the Minister of Finance, except for those provided for in Article 86 of Law. 4504/2017, upon application by the interested party to the competent Land Registry Office within two (2) years from the effective date of this law. The provision of the preceding paragraph includes hotel facilities constructed by the State, the Greek National Tourism Organization (EOT) or on its behalf, or which were managed by the State or the EOT, as well as projects that are essential to the operation of the aforementioned EOT hotel facilities.. Also included are unauthorized structures that support the operation of aquaculture facilities, for which the provisions of either Article 121 of Law. 4495/2017 or case (a) of paragraph 19 of Article 23 of Law 4178/2013 (A’ 174).
The provision of the first sentence of this paragraph does not apply to residential properties of any kind, stores of any kind, including commercial and healthcare establishments, along with their annexes and outbuildings, campgrounds, tourist accommodations in general and hotel facilities, other than those referred to in the preceding subparagraph, as well as for the tourist ports of Law. 2160/1993.
For licensing, the procedure set forth in paragraphs 6 et seq. of Article 14 shall be followed, with the exception of the letter of guarantee referred to in subparagraph (f); furthermore, the applicant must submit photographs and a map of the wider area showing the exact location of the project, as well as public documents and aerial photographs accompanied by a sworn statement from a non-surveyor, from which the date of construction and the extent of the works for which a concession of use or exemption from demolition is sought are evident, as well as any other appropriate means of proof, with the express exception of witnesses and oaths.
(b) If the projects do not obtain a permit for use in accordance with the above procedure, they are considered unauthorized and subject to demolition, upon the issuance of a relevant declaratory act by the Minister of Finance. The demolition shall be carried out in accordance with the procedure set forth in Article 27. If the application for a permit or for exemption from demolition is rejected, the illegal structure shall be demolished at the applicant’s expense, and compensation for unauthorized use shall be imposed for as long as it remains undemolished.
If the demolition is carried out by government agencies, the cost is borne by the unauthorized user of the structure and is collected in accordance with the provisions of the K.E.D.E.
(c) For projects and structures that are granted a concession for use under cases (a) and (b), maintenance or repair work on them is permitted in accordance with the procedures set forth in Article 14.
2. a) A prerequisite for granting the right to use the works is the payment or lawful settlement of the compensation for unauthorized use determined by the competent Land Registry Office for the unauthorized and illegal use of the land for the preceding periodand up to five (5) years retroactively, in accordance with the provisions in force. The annual compensation for unauthorized use is set at an amount corresponding to the annual fee payable hereinafter for the use of the project site, increased by one-third (1/3) of that amount. A decision by the Minister of Finance shall determine the manner in which the surcharge paid is allocated for the protection and restoration of public access to the common areas of the foreshore and beach.
Payment of the compensation may be made: (aa) as a lump sum, by paying fifty percent (50%) of the amount due, or bb) in interest-free installments based on the originally assessed amount, with surcharges waived.
The provision of the preceding paragraph does not apply to the one-third (1/3) surcharge on the compensation, which is paid in a lump sum. The number of installments and any other relevant matters concerning the payment of compensation for unauthorized use shall be determined by decision of the Minister of Finance. Infrastructure or public utility projects involving public goods are exempt from the payment of compensation for unauthorized use, provided that it is proven they were constructed prior to the effective date of this law by agencies of the Central Administration, as defined in Article 14 of Law. 4270/2014 (A 143), or by local government entities first- and second-level local authorities, or by legally operating public utility companies, provided they are wholly or majority-owned by the State or by first- and second-level local authorities, provided that the protocol determining compensation for unauthorized use has not been judicially ratified or the compensation has not been certified by the treasury.
(b) From the filing of the application for the grant of use until the completion of the relevant procedure, the following are suspended: (aa) the enforcement of demolition orders—except for those that have become final as of the date of application—and administrative eviction orders, as well as the issuance of new ones, and
(bb) the issuance of new protocols establishing compensation for unauthorized use and the imposition of new fines for projects for which use is to be granted under this procedure, for the duration of said procedure.
(c) The two-year exclusive period referred to in paragraph 1,
as well as the suspension of the measures referred to in case (b), suspend the statute of limitations on the claims and rights of the Greek State, as well as the statute of limitations on criminal offenses related to the construction and use of the projects and facilities covered herein and the compulsory collection of the fines and damages imposed. During the aforementioned two-year exclusive period
and while a decision on the submitted application for a concession of use is pending, the progress of any criminal proceedings related to the construction and use of the works and facilities described herein shall be suspended. If the application for a permit to use the facilities is rejected for any reason, then all measures whose issuance had been suspended shall be adopted and implemented.
3. The decision granting the right to use the works also grants the right to use the land on which the structures or works are located. The concession is always granted in exchange for a fee, which is determined in accordance with Article 16A, unless otherwise specified in the provisions of this law. By joint decision of the Minister of Finance and the competent minister, the consideration may be waived or a reduced payment may be imposed for infrastructure or public utility projects involving public goods that belong to the State or to local government entities of the first or second degree or to public legal entities, from the use of which the project owner or the managing entity does not collect a fee, or the fee collected does not exceed the cost necessary for the maintenance of the project.
4. The site of construction projects or works for which a permit has already been issued pursuant to paragraphs 9 and 10 of Article 27 shall henceforth be granted for use in exchange for a fee determined in accordance with Article 16A, unless they are infrastructure or public utility projects involving public goods that belong to the State, to first- or second-level local government entities, or to public legal entities and from the use of which the project owner or the managing entity does not receive any consideration, or the consideration received does not exceed the cost necessary for the maintenance of the project. To obtain the concession referred to in the preceding paragraph, the interested party must submit an application within an exclusive period of six (6) months from the effective date of this law; otherwise they shall be deemed an unauthorized user and the prescribed measures shall be taken against them.
5. Projects carried out on the foreshore, on the beach, and in the adjacent or adjoining marine area prior to the effective date of this article by legally operating public utility companies and involving the installation of submarine cablesshall be deemed lawful, and a corresponding declaratory act shall be issued by the competent agency of the General Secretariat of Public Property of the Ministry of Finance. The applicant is responsible for proving the date and the entity that constructed the project, as well as for documenting the project. In this case, there is an exemption from the payment of compensation for unauthorized use. For the maintenance or repair of the structures covered by this provision, the procedure set forth in paragraph 11 of Article 14 applies.
6. The granting of the right to use structures and facilities that have been constructed unlawfully within the foreshore, beach, riverbank, or riparian zone, a body of water, seabed and subsoil of the sea, lagoon, lake, and the channel of a navigable river—whether by legally operating water sports clubs recognized by the General Secretariat of Sports or by the General Secretariat of Sports itself
is carried out, on an exceptional basis, in accordance with the procedure set forth in Article 18A.
7. If there is an immediate risk to human health or the environment due to damage or deterioration of existing operational facilities and projects, for which an application for a use permit has already been submitted in accordance with paragraph 1, in order to carry out urgent repair work to avert the danger, the procedure set forth in paragraph 11 of Article 14 shall be followed.».
Article 35
Amendment to Article 15 of Law No. 2971/2001
Article 15 of Law. 2971/2001 is replaced as follows:
«Article 15
1. It is prohibited to grant exclusive use of the foreshore, the beach, the shoreline, the riparian zone, the water body, the seabed, and the subsoil of the seabed, lagoon, lake, and the channel of a navigable river, unless required for reasons of overriding public interest, national defense, public order, security, protection of antiquities, health, or environmental protection.
2. Subject to the first sentence of paragraph 3 of Article 2, the use of the foreshore, the beach, the shoreline, the riparian zone, the water body, the seabed, and the subsoil of the seabed, lagoon, lake, and the channel of a navigable river in accordance with the provisions of this law.
3. Concessions for the foreshore, the beach, the riverbank, the riparian zone, the water body, the seabed, and the subsoil of the seabed, lagoon, lakes, and the riverbeds of navigable rivers are always subject to unilateral revocation by the State for reasons of overriding public interest, national defense, public order, security, public health, the protection of antiquities and the environment, and the implementation of local spatial plans and the maritime spatial plan, as defined in Law. 4546/2018 (A' 101), as well as to restore their public character, at no cost to the State.
4. A fee is payable for the concession of the use of the foreshore, the beach, the riverbank, the riparian zone, the water body, the seabed, and the subsoil of the seabed, lagoon, lake, and the channel of a navigable river, a fee shall be paid. By way of exception, the Minister of Finance may decide to grant a concession without compensation for the execution of public benefit projects or for the organization of short-term events of an educational, research, athletic, or cultural events of short duration, exclusively to government agencies, legal entities governed by public law, or first- and second-level local government entities, and legal entities under Law 3429/2005 (A’ 314). In the event of a concession in exchange for consideration, the consideration is determined in accordance with Article 16A, reduced by ten percent (10 %). The concession agreement includes terms of use that ensure free public access. Through concession agreements, the Administration establishes terms and conditions for the use of specific areas and for a limited period of use. Furthermore, restrictions may be imposed for reasons of overriding public interest relating to national defense and public safety, other public needs, or the protection of the natural and cultural environment.
5. When the area being granted includes archaeological sites, monuments, and historic sites, the approval of the Ministry of Culture and Sports is required. If the concession area includes protected areas, the approval of the Ministry of Environment and Energy is required.
6. (a) Subject to Article 14 of Law. 3986/2011 (A 152), concession agreements are personal in nature. The concessionaire is not permitted to transfer, in whole or in part, the right acquired through the concession agreement to another party, or to enter into any arrangement regarding such right, with or without consideration, unless otherwise specified in other provisions of this law.
(b) If the concessionaire is a first-level local government entity, it is, by way of exception, possible to further grant the concession to third parties in exchange for a fee calculated in accordance with Article 16A and in compliance with the provisions of this law.
c) First-level local authorities are required, with respect to the public areas of the foreshore, beach, shoreline, riparian zone, body of water, seabed and subsoil of the seabed, lagoons, lakes, and navigable riverbeds, to allocate ten percent (10%) each year, on a priority basis, based on social and local criteria or to social economy enterprises, in exchange for a fee calculated in accordance with Article 16A. To this end, first-level local authorities shall announce each year the slots to be allocated based on the above criteria. If more than one application is submitted, an oral auction is held, in which the starting price is set at the consideration calculated in accordance with Article 16A. By joint decision of the Ministers of the Interior, Labor, Social Security, and Social Solidarity, and Finance, the social criteria, terms, conditions, and any other matters related to the implementation of this provision shall be regulated.
7. The consideration for the concessions referred to in Articles 13 and 13A, whether granted directly by the State or by first-level local authorities to third parties, and regardless of the method of concession (i.e., by direct transfer to adjacent property owners, verbal or electronic auction) shall be deposited by the concessionaire with the competent Tax Office, following a relevant notice issued by the competent Land Registry Office, after the relevant local government has been informed of the transfer to the third party, and is allocated as follows: sixty percent (60%) to the relevant local government and forty percent (40%) to the State. Specifically for areas for which Protected Area Management Agencies have been established under Law 4519/2018, one percent (1%) of the amount allocated to local government organizations and one percent (1%) of the amount allocated to the State, shall be allocated to the Green Fund to finance the respective Protected Area Management Agencies.
8. If the concessionaire, whether the initial or final one, violates provisions of the law or terms and restrictions set forth in the concession agreement, or alters the purpose, use, or nature of the concession property, the concession shall be mandatorily revoked, without compensation to the State, upon the issuance of a relevant decision by the Minister of Finance; Articles 27 and 29 shall apply, and existing projects shall be taken over by the State.
9. The concession agreement does not replace other required permits or approvals.
10. The Minister of Finance may, by decision, exempt certain areas from the grant of simple use of the foreshore, particularly for reasons of risk, public safety, environmental protection, historical preservation, social reasons, and reasons of major local significance, following a substantiated opinion from the relevant local government authority or the competent Land Administration Service. The exemptions set forth herein shall remain in effect for five (5) years, after which all cases shall be reviewed. The Minister of Finance may amend this decision annually by adding new exemptions. For those coastal areas exempted under this paragraph that have active concession contracts at the time of issuance of the Ministerial Decision referred to in the preceding paragraph, the exemption takes effect upon the expiration of the concession.
11. Concession agreements are recorded in an Electronic Information Registry (EIR), which ensures interconnection and interoperability, via electronic means, with other participating public sector entities. A joint decision by the Ministers of the Interior, Finance, Culture and Sports, Environment and Energy, Maritime Affairs and Island Policy, Rural Development and Food, and Tourism, the terms, specifications, provision, and maintenance, the procedures and authorizations for electronic access to and entry of information into the HMP, the data recorded in the HMP, and any other matter related to its implementation and operation.».
Article 36
Amendment to Article 16 of Law No. 2971/2001
Article 16 of Law. 2971/2001 is replaced as follows:
«Article 16
1. By decision of the Minister of Finance, following the concurrence of the Ministers of National Defense, Culture and Sports, Environment and Energy, Maritime Affairs and Island Policy, Agricultural Development and Food, and Tourism, for purposes falling within their respective jurisdictions, the concession—by analogy with Articles 13 and 14— the use of islets, reefs, rocks, and shallow marine areas, as well as the adjacent foreshore and beach, for agricultural, livestock farming (particularly for raising animals, establishing apiaries, and snail farms), fishing, aquaculture, water sports, tourism, energy—including renewable energy power plants— national economic development, national defense and security, and environmental research. The concession application must be accompanied by the permit required by specific provisions and a certification from the competent authority stating that the specific use or activity does not conflict with any specific spatial planning, or in more specific provisions for the protection of the natural environment under Law. 1650/1986 or in land-use regulations. In the case of a concession for environmental research purposes, a joint decision is issued by the Ministers of Finance and of the Environment and Energy.
2. In the same manner and for the purposes of paragraph 1, the concession of State-owned islets for use, without a public auction, is permitted to agricultural, agro-industrial, agricultural, livestock, and fishing cooperatives, agricultural producer organizations, and municipal enterprises under Article 266 of Law. 3463/2006. The application for the concession must be accompanied by the documentation required by specific
permit provisions and a certificate from the competent authority stating that the specific use or activity does not conflict with a specific land-use plan or with more specific provisions for the protection of the natural environment under Law. 1650/1986 or in land-use regulations.
3. The concession referred to in paragraph 1 is granted following a public auction, which may also be conducted electronically, and the minutes of the auction are approved by the Minister of Finance. The starting price is defined as the consideration calculated in accordance with Article 16A. By reasoned decision of the Minister of Finance, direct concession may be granted to public legal entities, public utility companies, as well as to private individuals, provided that two (2) unsuccessful auctions have preceded the concession or that no interest was expressed by multiple interested parties in those auctions and no genuine competition took place. The consideration for the direct concession referred to in the preceding paragraph is determined in accordance with Article 16A.
4. Article 14 shall apply mutatis mutandis to the execution of projects under the concession provided for in this article.
5. Paragraphs 3, 4, 5, 6, 8, 9, 10, and 11 of Article 15 shall apply mutatis mutandis to the concessions provided for in this Article.».
Article 37
Addition of Article 16A to Law. 2971/2001
In the law. 2971/2001 After Article 16, Article 16A is added as follows:
«Article 16A
Compensation for Use – Compensation for Unauthorized Use
1. The fee for the use of the foreshore, beach, riverbank, riparian zone, body of water, seabed, and subsoil of the seabed, lagoon, lakes, and the channel of a navigable river for the purposes set forth in Articles 11, 12, 13, 13A, 14, and 16, as well as compensation for unauthorized use of these areas, shall be determined by a decision of the authority responsible for granting the concession based on the following criteria:
B.P. = Base Price.
A.T. = Type of Activity.
F.A. = Floor Area.
2. The Base Price for each geographic area is determined by decision of the Minister of Finance. In determining the base price, the market values and rental values of the nearest properties in each geographic area are taken into account.
3. The Type of Activity is divided into the following categories:
a) Simple use (umbrellas, lounge chairs, beach huts, non-motorized recreational watercraft, etc.).
(b) Simple use with motorized recreational vehicles.
c) Simple application of paragraphs 8, 9, 11, and 13 of Article 13A (cultural events, wedding ceremonies, social events, audiovisual recordings, research purposes).
(d) Simple application of paragraphs 2, 3, and 5 of Article 13A (inflatable recreational watercraft, aquaculture).
(e) Projects falling under subparagraphs (a), (b), (c), and (d) of paragraph 2 of Article 14 (public utility projects, nautical sports projects, urban renewal projects, and projects serving research purposes).
(f) Projects falling under Article 14(e) (Aquaculture) and Article 14(3) (submarine pipelines, cables, moorings, etc.).
(g) Projects referred to in Article 11 and subparagraphs (f), (g) and (h) of paragraph 2 of Article 14 (projects and facilities carried out under a contract with the State, the Greek National Tourism Organization (EOT), the General Secretariat for Sports, or local authorities, or pursuant to development laws, as well as port, transportation, and renewable energy projects, etc.).
4. The weighting factor for each type of activity is determined by decision of the Minister of Finance, following a recommendation from the competent ministry in each case.
A decision by the Minister of Finance shall establish the mathematical formula used to calculate the usage fee based on the above criteria, as well as any other matters related to its implementation. The fee is calculated on an annual basis and, specifically for the uses referred to in Article 14, is adjusted every five years.
The consideration resulting from this article in the case of auctions constitutes the starting price.
Article 38
Amendment to Article 24 of Law No. 2971/2001
In Article 24 of Law. 2971/2001, as currently in effect, the following amendments are made:
1. Paragraph 1 is replaced as follows:
«1. The port management and operating authority is authorized, by a decision of its board of directors—approved, following the consent of the General Secretariat of the Region, by the Secretary General of the Region and by the Ministry of Shipping and Island Policy, to grant, in exchange for consideration and for a specified period of time, the use of areas located within the Port Land Zone. If the concession concerns a project or activity that requires approval of environmental terms, the environmental permitting procedure must be followed. For the concession of port zone areas to industrial facilities, the approval of the Ministry of Economy and Development is also required; for petroleum, mining, quarrying, and industrial minerals enterprises, the approval of the Ministry of Environment and Energy is also required, while for fishing and aquaculture enterprises, the consent of the Ministry of Rural Development and Food is also required. The approvals referred to in the preceding paragraph must be issued within an exclusive two (2)-month deadline; otherwise, the procedure proceeds without them. The concession decision shall specify the consideration for the use of the aforementioned areas, as well as the other terms of the concession. This provision does not apply to the tourist ports referred to in Article 29 of Law. 2160/1993.»
2. Paragraph 2 is replaced as follows:
«2. By decision of the competent port management and operating authority, without requiring the consent of the General Secretariat for Ports and the Ministry of Shipping and Island Policy, concessions for the simple use of areas within the port’s land zone for a term of less than three (3) years, which are not accompanied by any project of a permanent or temporary nature, Concessions for the simple use of areas within the jurisdiction of Port Authorities S.A. are approved by their Board of Directors.
Concessions for simple use are always subject to the terms and conditions of this law and the authorized by this Act, or by ministerial decisions issued pursuant to it or to the legislative and regulatory framework for the protection of the foreshore. For concessions accompanied by any project of a permanent or temporary nature and approved by the Board of Directors of the Port Authorities S.A., the prior approval of the Ministry of Shipping and Island Policy is required before the concession is implemented. This provision does not apply to the tourist ports referred to in Article 29 of Law. 2160/1993.»
Article 39
Amendment to Article 27 of Law No. 2971/2001
Article 27 of Law. 2971/2001 is replaced as follows:
«Article 27
Protection of the foreshore, beach, riverbank, and riparian zone; of bodies of water; of the seabed and the subsoil beneath the seabed; of lagoons, lakes, and the channels of navigable rivers
«1. The report concerning the foreshore, beach, riverbank, riparian zone, body of water, seabed, and subsoil of the seabed, lagoon, lake, or navigable riverbed, the Head of the competent Land Registry Office shall draw up a Protocol of Administrative Eviction (P.D.A.), which is served on the person against whom it is directed, regardless of when the occupation of the site began. Furthermore, within three (3) days of the aforementioned notification, it is posted on the unauthorized structure, if any, and at the municipal office of the relevant municipality, and is published online via the ’Diafania,’ in compliance with data protection provisions. If the residential or temporary address of the person to whom the notice is addressed is unknown, or if that person is a foreign national, service is effected in accordance with paragraph 2 of Article 84 of the Code of Civil Procedure. An objection may be filed against the P.D.A. within a non-extendable period of thirty (30) days from the service of the summons, before the competent local Single-Judge Court of First Instance, which hears the case in accordance with the special procedure for lease disputes. The filing of an objection does not suspend the enforcement of the protocol; however, the objecting party may, upon request, ask the court to suspend enforcement until a decision on the objection is issued. If an objection is not filed within the prescribed time limit, the P.D.A. is deemed to have been accepted by the party with a legal interest in challenging it. A copy of the objection, together with a summons to a hearing, must be served within the same thirty (30)-day period for filing an objection to the Head of the Land Registry Office that issued the order, failing which the objection filed shall be null and void. Payment of a filing fee or registration of the objection in the claims register is not required. The burden of proof lies with the objector, and the evidence submitted shall be considered together with any evidence presented by the competent Land Registry Office. An appeal against the decision of the Single-Judge Court of First Instance may be filed with the Single-Judge Court of Appeals.
An appeal may be filed, in accordance with the general provisions, within a thirty (30)-day period for annulment. No further legal remedy is available against the decision of the Court of Appeals. The time limits set forth herein shall not be extended on the grounds of distance. The specific provisions governing the summons of the State shall apply. A decision issued in accordance with the procedure set forth in this article does not preclude the pursuit of rights through ordinary proceedings by either a private individual or the State; and the provisions in force are not affected by the provisions of this article. Once the P.D.A. becomes final, it shall be enforced by a bailiff upon written order of the Head of the competent Land Registry Office. If the P.D.A. is definitively annulled for reasons relating to the ownership or possession of the property, the objecting party must file a regular lawsuit within ninety (90) days of the service of the decision; otherwise, the protocol remains in force and is enforced. In this case, paragraph 1 of Article 8 of Law. 1539/1938 (A'488).
2. At the expense of anyone who possesses or uses the foreshore, beach, riverbank, riparian zone, body of water, seabed, and subsoil of the seabed, a lagoon, a lake, or the channel of a navigable river, without a contractual relationship with the State or a first-level local government entity to which the use of such areas has been lawfully granted, a Protocol for the Determination of Compensation for Unauthorized Use (P.K.A.A.X.) is issued, imposing compensation for the occupation or use of the area without a contractual relationship. The compensation is calculated in accordance with Article 16A. The same protocol also imposes a fine, which may not exceed twice the amount of the compensation determined. In calculating the fine referred to in the preceding paragraph, the specific circumstances of the violation are taken into account, in particular the type and extent of the occupied space, the activity carried out thereon, as well as any prior violations by the liable party. If the report is issued against more than one person, they shall be jointly and severally liable for the payment of the compensation and the fine determined therein. The report is served on the person against whom it was issued, regardless of when they began occupying the premises.
If the residential or temporary address of the person to whom the protocol is being served is unknown, or if that person is a foreign national, service shall be effected in accordance with paragraph 2 of Article 84 of the Code of Civil Procedure. An objection may be filed against the P.K.A.A.X. before the competent Single-Judge Court of First Instance, within a non-extendable period of thirty (30) days from the service of the protocol. The objection must be served on the Head of the Land Registry Office that issued the protocol within the same thirty (30)-day period. For the objection to be admissible, proof of payment of twenty percent (20%) of the awarded damages, which may not exceed the amount of thirty thousand (30,000) euros. If the objection is dismissed or partially granted for any reason, the above amount shall be taken into account in the relevant settlement of the State’s claim, whereas, if the objection is upheld, it is refunded to the party who paid it, without interest. These legal consequences apply even if there is no explicit provision to that effect in the decision. The filing of an objection does not suspend the enforcement of the aforementioned judgment; however, however, the objector may request that the competent court suspend its enforcement until a decision is rendered on the objection. No appeal may be filed against decisions rendered on objections under the P.K.A.A.X. If the decision issued annuls the protocol for reasons relating to ownership or possession of the premises, the objecting party must file a regular lawsuit within ninety (90) days of the decision’s service; otherwise, the protocol remains in force and is enforced. In this case, paragraph 1 of Article 8 of Law. 1539/1938. Specifically for areas for which Protected Areas Management Agencies have been established under Law 4519/2018, of the compensation and fine imposed by the P.K.A.A.X., a rate of two percent (2%) is allocated to the Green Fund to finance the aforementioned Agencies, and the transfer of any portion of this amount to any other entity or for any other purpose is expressly prohibited.
3. In the case of short-term occupation for seasonal use, particularly in the cases referred to in Articles 13 and 13A, by way of derogation from paragraph 1, no Preliminary Demolition Order (P.D.O.) shall be issued, but rather an Order for the Immediate Removal of Unauthorized Structures/Objects issued by the Head of the competent Land Registry Office, which is served within five (5) business days of its issuance to the party against whom the Order is directed and to the relevant first-level local government authority. An objection to the Immediate Removal Order may be filed with the Presiding Judge of the Single-Judge Court of First Instance with local jurisdiction, within a non-extendable period of five (5) days from the service of the order, which may not be extended. Within the same time limit, the objection must be served on the Head of the competent Land Registry Office. The objection is heard under the procedure for interim measures within five (5) days of its filing, and the decision is issued within three (3) days of the hearing. No appeal may be filed against this decision. The decision is served, at the expense of the objector, on the Head of the competent Land Registry Office and on the relevant municipality. Within five (5) business days from the issuance of the decision on the objection referred to in the preceding paragraph or upon the expiration of the deadline for filing an objection against the Immediate Removal Order, the party against whom the Order was issued must remove the structures or objects used to occupy the land. The relevant first-level local government authority shall verify their timely removal. If these are not removed by the deadline, the relevant first-level local authority is required to remove them within five (5) business days after the expiration of the deadline by which the party against whom the order was issued was required to take action for their removal. In addition, a P.K.A.A.X. is issued, imposing compensation and a fine set at double the amounts calculated in accordance with paragraph 2. Furthermore, the unauthorized occupant, his or her spouse, blood relatives and relatives by marriage up to the second degree, as well as general or limited partnerships or private capital companies, in which the unauthorized occupant or any of the aforementioned persons is a partner, are excluded from any concession of the foreshore, beach, riverbank, riparian zone, body of water, seabed and subsoil of the seabed, lagoon, lake, and the channel of a navigable river for a period of five (5) years.The provisions of this paragraph also apply to those who arbitrarily expand into an area beyond that which has been legally granted to them.
4. Structures of any kind and, in general, constructions that have been built, in whole or in part, on the foreshore, the beach, the shoreline, the riparian zone, the water body, the seabed, and the subsoil of the seabed, lagoon, lake, and the channel of a navigable river, without the relevant permit in accordance with Articles 11, 12, 12A, 13, 13A, 14, and 16, are considered illegal and shall be demolished, regardless of when they were constructed or when they were put into use. Similarly, all types of buildings and structures in general that have been or will be erected without a permit on the foreshore or the beach following the determination and completion of the expropriations provided for in Articles 7 and 10, regardless of when they were erected or whether they are inhabited or used for other purposes. To this end, the Head of the competent Land Registry Office shall issue a demolition order, which shall be served, in accordance with the provisions of the Code of Administrative Procedure, ratified by Article 1 of Law. 2717/1999 (A 97), to the alleged owner, possessor, holder, or builder thereof, who is required, within thirty (30) days from the date of notification, demolish the buildings and remove all structures of any kind. At the same time, the competent Land Registry Office sends the demolition order to the Secretary General of the relevant Decentralized Administration. Exempt from demolition are buildings and structures under the protection of the Ministry of Culture and Sports, as well as structures or buildings that have already been designated as protected or preserved by a decision of the competent authority. While the process of designating them as protected or preserved is pending, the issuance or execution of a demolition order that has already been issued is suspended.
5. If the identity of the person who occupied the public land and erected or is using the illegal structure cannot be determined, the competent Land Registry Office shall publish a notice inviting anyone with relevant information to disclose their identity to the office. The notice is posted on the website of the Ministry of Finance and published in one daily newspaper with nationwide circulation and one daily or weekly newspaper, published in the seat of the relevant municipality or regional unit, if no such newspaper is published in the municipality. After thirty (30) days have elapsed without response following the last publication, the notice is issued as “to whom it may concern” and posted on the structure to be demolished and at the office of the relevant municipality. The report that is drafted is sent to the Land Registry Office. If the residential or temporary address of the person to whom the notice is being served is unknown, or if that person is a foreign national, service is effected in accordance with paragraph 2 of Article 84 of the Code of Civil Procedure.
6. If the unauthorized structure is not demolished within thirty (30) days of the last notification of the protocol or its posting, the relevant Decentralized Administration is notified of the demolition, and its Secretary General is responsible for carrying it out. In the event of inability to do so, the Secretary General of the Decentralized Administration shall request technical support from the relevant Region, whose Technical Service is required to carry out the demolition. The protocol serves as a demolition permit issued by the competent authority, and the associated cost is borne in full by the user and the person who unlawfully constructed the structure to be demolished, and is certified and collected in accordance with the provisions of the K.E.D.E.
7. All protective measures concerning unauthorized use or structures built without a permit or in violation of a permit within the sea or on the land area of a port are issued upon the recommendation of the Management Authority or, if none exists, by the competent Port Authority, accompanied by the details of the unauthorized owner or user and a sketch or visual documentation of the occupied area; if paragraph 4 does not apply, it shall also be posted at the competent Port Authority. If the structures referred to in paragraph 4 pose an immediate and urgent danger to the safety of navigation, the demolition order shall be carried out seven (7) days after it is posted at the Port Authority.
8. For matters not specifically addressed in this article, the provisions regarding the protection of public lands shall apply mutatis mutandis, provided they do not conflict with the provisions of this law.
9. Municipal authorities that have granted the right of simple use of the foreshore, beach, riverbank, riparian zone, body of water, seabed, and subsoil of the seabed, lagoons, lakes, and the beds of navigable rivers, are required to report without delay to the competent Land Registry Office any unauthorized structures or uses on the public areas referred to herein, of which they become aware. Management Authorities have the same obligations with respect to the foreshore, beach, riverbank, riparian zone, water body, seabed, and subsoil of the seabed, lagoons, lakes, and the channels of navigable rivers, as well as the land and maritime zones of ports under their jurisdiction. A violation of this obligation constitutes the disciplinary offense of dereliction of duty, as provided for and punishable under the relevant provisions applicable to each of these areas.».
10. The provisions of this article also apply to Port Zone Areas.
Article 40
Amendment to Article 29 of Law No. 2971/2001
Paragraph 3 of Article 29 of Law. 2971/2001 is replaced as follows:
«3. Any third party who, in violation of subparagraph (a) of paragraph 6 of Article 15, transfers, in whole or in part, the right acquired through the concession agreement, to another party or enters into any arrangement regarding it, with or without consideration, shall be punished with the penalty provided for in paragraph 1 and, if the right concerns works or port facilities, and by a fine equal to the port fee paid at the nearest port for the use of similar works or port facilities, which is assessed against the unauthorized user and the original concessionaire, who are jointly and severally liable for its payment, by a decision, immediately enforceable, of the competent port authority, and collected in accordance with the provisions of the Code of Public Revenue Collection (K.E.D.E.).’.
Article 41
Final Provisions
Within six (6) months of the effective date of this law, all illegal structures that obstruct free access to the foreshore and the beach shall be demolished.
Article 42
Transitional Provisions
1. Until the adoption of the regulatory acts authorized by the provisions of Law. 2971/2001, as amended or supplemented by Law. 2971/2001 Notwithstanding the provisions of this Part, existing regulatory acts issued in accordance with current legislation remain in force.
2. Applications for the preservation of works and structures and for further concessions that are pending as of the effective date of this Act shall be examined in accordance with the provisions in effect at the time of their submission. If the interested party wishes to have their application reviewed under the provisions of this Part, they must submit a request to that effect within an exclusive three-month period from the effective date of thisthis Act.
3. Concessions for the simple use of the foreshore, beach, riverbank, riparian zone, body of water, seabed, and subsoil of the seabed, lagoon, lakes, and the beds of navigable rivers—which have been granted by ministerial decisions issued pursuant to Article 13 of Law. 2971/2001 as they were in effect prior to their amendment by this law, they remain in effect until their expiration.
4. Permits granting the right to use the foreshore, beach, riverbank, riparian zone, water body, seabed, and subsoil of the seabed, lagoon, lake, and the channel of a navigable river, issued prior to the effective date of this Act, in accordance with Article 14 of Law. 2971/2001 remain in effect until their expiration.
5. For the repair and maintenance of the facilities referred to in paragraphs 1, 2, and 3 of Article 14 of Law. 2971/2001, as amended by this law, which were constructed on the foreshore, riverbank, riparian zone, body of water, seabed, and subsoil of the seabed, lagoon, lake, or navigable riverbed, by July 28, 2011, and for which, at the time of their construction, there was no requirement to obtain the necessary permits, the necessary supporting documents must be submitted within two (2) years from the effective date of this law, so that the necessary permits may be issued by the competent Ministries. Environmental permitting for the above projects shall be carried out in accordance with the provisions of Law. 4014/2011.
6. Until the ministerial decisions referred to in Article 16A are issued, the consideration for concessions and compensation for unauthorized use shall be determined in accordance with the provisions of paragraphs 1 and 2 of Article 115 of the Presidential Decree of December 11, 1929, «on the Administration of Public Lands,» which was issued pursuant to Article 2 of Law. 4266/1929 and was replaced by Article 5 of Law. 5895/1933, as further amended and supplemented by Article 20 of Legislative Decree No. 1540/1938, Article 19 of Legislative Decree No. 1919/1939, 2 of the bill 1925/1951 and Section 5, Paragraph 4 of the Act. 263/1968.
7. Applications under paragraph 3 of Article 11 and paragraphs 9 and 10 of Article 27 of Law 2971/2001 that are pending as of the date of publication of this law, as they were in force prior to their amendment by this Act, shall be examined in accordance with the previously applicable provisions. If the interested party wishes to have their application examined under the provisions of this Part, they must submit a relevant request within an exclusive three-month period from the effective date of this Actto the competent Land Registry Office.
8. Exemption from the grant of a right of simple use of the foreshore, pursuant to Article 8 of DDP0007378/0454BEX2017/May 11, 2017 Joint Decision of the Ministers of the Interior, Finance, and Environment and Energy «Establishment of terms, conditions, technical matters, necessary details, and procedures for the concession of simple use of the foreshore, beach, shores, and riparian zones of large lakes and navigable rivers,» (B’ 1636), remains in force.
9. Following the issuance of the ministerial decisions provided for in paragraphs 2 and 3 of Article 14A, Article 51 of Law No. 4599/2019 (A 40) and the licensing of the projects referred to in this article shall henceforth be carried out in accordance with Article 14A. Applications submitted for licensing in accordance with Article 51 of Law. 4599/2019 may be completed within three (3) months from the effective date of the decisions referred to in paragraphs 2 and 3 of Article 14A.
10. With respect to decisions redefining the boundaries of the foreshore, the beach, and the former foreshore, issued prior to the effective date of this law, an administrative appeal may be filed with the Secondary Committee within an exclusive period of six (6) months from the date the Committee begins its operations.
11. The validity of paragraph 5 of Article 2 of Law. 2971/2001, which is replaced by Article 24 of the draft law, takes effect upon the entry into force of this law.













