The effective and rule-based use of public property in coastal areas, ensuring free access to beaches for citizens and protecting the environment are the main objectives of the draft law on the use of public property in coastal areas, which was put to public consultation today (http://www.opengov.gr/minfin/?p=12325).
The provisions of the draft law modernize the procedure of concessions through tenders to be conducted electronically by the Land Service, set a minimum price and introduce limits on the area and minimum distances between concessions.
The new regulations for the seashore and the beach are structured around five axes including:
Provisions for the protection of coastal areas with a classification that includes «remote beaches» and to ensure free access for citizens.
Centralized execution of concession tenders by the Public Land Service of the State, with a transparent electronic procedure.
Introduce new obligations for concessionaires to serve the public, ensure the safety of bathers and protect the environment.
Interventions for more effective controls and facilitating citizens' complaints using modern technology
Severe penalties (fines and criminal sanctions) for offenders.
The Minister of National Economy and Finance, Kostis Hatzidakis, said: «We are moving forward with determination to adopt and implement a modern, European framework that sets rules for the use of public property in coastal areas, ensures free access of citizens to beaches and protects the environment.
There will now be «remote beaches». Beaches will be allocated through electronic tenders. Beach concessionaires will have strict obligations. Inspections will be carried out with drones and all the sophisticated means that new technologies provide us with. Penalties will be severe and will even lead to the sealing of businesses.
So we are setting rules to combine environmental protection with the rational development and upgrading of the country's tourism product. And I am committed to moving quickly and effectively to implement them.
Last summer, with the rigorous and continuous controls, we showed our will. This year we will take significant steps forward!».
The new provisions provide in particular:
1. Arrangements for the protection of coastal areas
-Limits are set on the area of the beach that can be granted, on the area of each concession, on the surface area that may be occupied by umbrella seats and on the distances between concessions. This ensures that citizens have free access to the beach and the sea, whether or not they use the concessionaires' facilities.
Specifically:
-In all cases at least 50 % of the beach must be free. In particular it is specified that: The total of the portions of the seashore and beach granted shall not cover more than 50% of the area or length of the frontage.
- The area of each concession may not exceed 500 square metres. Umbrella stands may occupy up to 60 % of the concession area (30 % in the case of protected shores and beaches, i.e. beaches located in Natura areas and not classified as remote). There must be a distance of at least 6 metres between concessions (3 metres on each side) and umbrella stands must be at least 4 metres from the sea.
- No concession of a seashore and beach is allowed when their length or width is less than 4 metres or when the total area of the distinct part of the seashore is less than 150 sqm.
It is also stipulated that the old seashore bordering with inaccessible beaches is public while the remaining parts of the old seashore revert to the private property of the State and can be used by the EBRD.
-The coastal beaches and beaches of high protection («remote beaches») located in Natura areas, for which the concession and, by extension, the placement of umbrellas, sunbeds, etc. will be prohibited, will be established by a joint decision of the Ministers of National Economy and Finance and Environment and Energy following a proposal by OFYPEKA and a proposal by the head of the General Directorate of Environmental Policy. The designation criteria include the significant presence in them of natural habitat types protected by EU or national legislation, rare endemic species of flora and fauna, the performance of important ecological functions for protected species, their designation as Key Biodiversity Areas, and in general the presence of important ecosystems in need of protection and conservation or restoration.
2.Centralised execution of concession tenders by the Public Land Service of the State, using an electronic procedure.
Auctions will be conducted by the Land Service (not by the Municipalities) until 31 March each year, on an electronic platform in order to ensure simplification of the process, standardisation, transparency and speed. The platform will post the details (coordinates, polygon and aerial photographs) of each concession, the duration, the terms of the concession, and in particular the time for the placement and removal of the movable elements each year, 20 days before the auction takes place. A minimum price shall be established, based on a mathematical formula based on the objective values of the area and the coefficient of gravity of the seashore according to the specific characteristics of the beach. After the end of the bidding procedure, the electronic platform shall automatically produce a draft contract, which shall be sent by e-mail to the highest bidder. Municipalities will continue to receive 60 % of the concession consideration.
The beaches that may be granted will be determined annually by a decision of the Ministry of National Economy and Finance after consultation with the Municipalities with a specific timetable which is as follows:
By 1 December of each year, the Real Estate Service sends to the Municipalities a proposal for the parts of the seashore and beach that may be granted. The municipalities give their opinion by 1 January and the decision is issued by the Ministry of National Economy and Finance by 15 January (to allow sufficient time to complete the concession process by 31 March). Active concessions will be taken into account for the issuance of this decision, so that there is no overlap and the limits of the coverage of the seashore and the distances between concessions are respected.
It is noted that for the first implementation of the law this year, the decision of the Ministry of Economy and Finance will be issued by March 31 and the concession process will be completed by May 15.
Businesses (hotels, taverns, camping etc.) adjacent to the beach, (i.e. the so-called adjacent businesses) can, if they so request, take over the exploitation of the beach with which they are adjacent by paying the price provided for the auctions plus 20 %. The restrictions on the area (50 % of the beach), the distances (3 metres on either side) and the other obligations of the concessionaires also apply in these cases. If the beach corresponds to more than one business, an auction will be held.
3.Obligations of concessionaires
In addition to restrictions on the extent of exploitation, distances from the sea and any other concessions, concessionaires have the following minimum obligations:
a) ensure the free, unhindered and safe passage of the public along the seashore and the beach.
b) ensure the use of the seashore and the beach for persons with disabilities by installing special platforms for the service of persons with disabilities (sea tracks), if they have not been installed by the municipality. In this case, the concessionaire shall offset the costs of installing the platforms against the consideration for the concession.
c) keep the granted part of the seashore and beach clean on a daily basis,
d) post in a prominent place on the seashore or beach a sign with the coordinates of the concession, the concession decision number, the rights of the public, as well as a QR code unique to each concession
e) install showers and changing rooms for the convenience of the public
(f) ensure that the balance of the ecosystem of the concession area is maintained, such as by preserving the morphology of the coast and the coastline,
g) deliver the site in its original condition at the end of the concession,
h) ensure the presence of a lifeguard, if this obligation is not covered by the municipality concerned. In this case, the lifeguard's fee shall be offset against the consideration for the concession.
The declaration may also provide for additional obligations of the concessionaire in relation to the protection, preservation and development of the concessionary part of the seashore and beach and the enhancement of community use.
4.Checks and complaints using modern technology
Citizens will be able to check and complain through a digital application on their mobile phone. In particular: Each concession contract is assigned a QR-code which is posted on the website of the Ministry of Economy and Finance, the State Land Service and the relevant municipality. It is also compulsorily imprinted on the signage of the seashore or beach. By scanning the QR-code, every citizen will be able to view the diagram of the concession of the beach and submit a complaint immediately, through the same application, if they find that the concession has been exceeded.
At the same time, official inspections are foreseen by the Land Service, the Municipalities, the Hellenic Public Prosecutor's Office, the Economic Police, the Ministry of National Economy and Finance and the ELAS, individually or in joint inspection teams coordinated by a prosecutor or the attending official of the Ministry of National Economy and Finance. The findings of the audit include photographs taken on the spot or remotely with drones or by using satellite imagery in order to carry out remote inspections in a wider area without the need for the physical presence of the auditors.
5.Stricter penalties for offenders
Penalties include fines, the obligation to remove the illegal premises, sealing of the business, prohibition to participate in new tenders. In particular:
-In the case of occupation of the seashore and beach without a concession contract or in excess of the concession, all the elements that have been placed are removed within 48 hours with an immediate removal act issued by the Land Service. Furthermore:
-If there is no concession agreement, additional sealing and closure of the business in the area that has been occupied, the area is sealed with tape and entry is prohibited as well as any economic activity in it. A fine equal to four times the minimum price of the auction and the exclusion of the offender from any concession process of the beach and beach for five years. In the case of a second violation, if the occupation has been made by an operating adjacent business, its operation is suspended for ten days, its cash register is sealed and the offender is excluded from any beach and beach concession procedure for ten years.
-If there is a concession agreement but a larger area is occupied:: A fine equal to four times the minimum auction price is imposed for the area not covered by the contract. If the excess is greater than 50% of the concession area, in case of a second violation, the offender shall be excluded from any beach and shore concession procedure for five years. In the case of a third infringement, the offender shall be excluded from any beach and beach concession procedure for ten years, the operation of the business shall be suspended for ten days and the cash register of the business shall be sealed.
-If there are illegal structures, they are demolished at the expense of the party responsible. A fine equal to four times the minimum price of the auction multiplied by the number of years, up to five, since the unauthorized structure was erected or the unauthorized configuration was made. That is, the fine can reach up to 20 times the rent.
-For partial or total concession of the beach to a third person, if not allowed by the contract, a fine equal to four times the minimum price of the auction for the entire area is imposed.
-For obstruction of free public access to the sea, the beach and the beach, a fine of 2,000 to 60,000 euros.
-For obstruction of the control a fine of 10.000 euros.
-In case of a repeat offence, all fines are doubled.
-The time exclusion from future concession contracts also applies to all partnerships or limited liability companies in which the offender is a partner or shareholder.
-Criminal sanctions: Whoever causes any alteration to the seashore or beach without a permit or in excess thereof or with a permit issued illegally, regardless of the damage or harm, shall be punished with imprisonment of at least one year and in case the alteration causes significant ecological, environmental or geomorphological disturbance or damage with a minimum of two years’ imprisonment and a fine. Prosecution shall be ex officio.
Termination of the contract
The grantor shall terminate the concession in case of serious breaches of the law or contractual obligations such as:
α) The construction of works or arbitrary shaping of the seashore and the beach,
(b) the use of the granted part for a purpose other than that agreed or in a manner that causes alteration of its physical morphology and its living elements,
c) the partial or total transfer of use to a third party, where this is not provided for by law or the concession contract,
The concession contract is also terminated if the concessionaire:
a) for the second time, within the duration of the concession contract, occupy an area outside the granted part of the seashore and beach by a percentage exceeding the 50% of the concession.
b) after two reminders, three days apart, does not place a sign with the identification data of the concession in a prominent place on the seashore or beach,
(c) after two reminders, three days apart, it fails to install the mobile public conveniences provided for in the concession contract; and
d) systematically violates its obligation to keep the beach clean.
By other provisions of the draft law:
-Aligning the procedures for the concession contracts of the EESYP with those of the Hellenic Property Fund, also removing some interpretative problems in relation to the founding law of the EBRD, in order for it to operate with greater speed and flexibility.
-A land in Antirrio, at the former construction site of the Rio - Antirrio interconnection project, is allocated by the Hellenic Property Development Fund to the Ministry of Infrastructure and Transport, in order to remove obstacles to the completion of the sale of the property (the tender of the Hellenic Property Development Fund has already been completed). On this land there is a warehouse, the use of which belongs to the contractor of the Bridge Concession Contract, which constitutes a burden that prevents the completion of the purchase and sale of the property. The concession to the Ministry of Infrastructure and Transport will allow the burden to be removed and the property to be released to the highest bidder resulting from the tender procedure carried out by the Hellenic Ministry of Infrastructure and Transport.
-Increase the compensation for on-call duty and the salary ceiling for doctors of the National Health Service.
