2024-04-14 00:59:44
Interpretative circular for article 5 “Terms for utilization of public property in coastal areas and other provisions” of Law 5092/2024 and decision regarding “Obstruction of free public access to the sea, the coast and the beach, setting terms, conditions , technical issues, necessary details and administrative fine procedure”, were issued by the Ministry of National Economy and Finance.
In more detail, the following were issued:
Interpretative circular for par. 12 of article 5 of Law 5092/2024 “Terms for utilization of public property in coastal areas and other provisions” (Government Gazette A’ 33)
Ministerial Decision 49853 EX 2024 “Hindering the public’s free access to the sea, the seashore and the beach, defining terms, conditions, technical issues, necessary details and the procedure for imposing an administrative fine” (Government Gazette B 2172)
The interpretation
Regarding the uniform interpretation and application of the provision of par. 12 of Law 5092/2024, the following is clarified by the ministry:
1. The definition or redefinition of the old seafront concerns all cases of definition or redefinition, which were carried out under the validity of previous provisions even before the entry into force of Law 2971/2001 (Government Gazette A’ 285), as amended by Law. 4607/2019 (Government Gazette A’ 65), as well as the cases of determination or redetermination that will take place from now on pursuant to Law 5092/2024.
2. The real rights on the old beach must have been acquired or recognized by a notarial document or other public document. By way of example, it is stated that a public document means any legal title issued by a public body.
3. The time of acquisition or recognition of real rights is required to be earlier than the initial determination or the determination that will be made for the first time in accordance with Law 5092/2024. Administrative measures that were issued following the initial determination and are in force are repealed, except in the cases of certified fines.
4. Every interested party must, without delay from the entry into force of Law 5092/2024, submit to the competent Land Service the supporting documents, from which the existence of a real right in accordance with the above mentioned can be obtained and request the application of par. 12 of article 5 of the above law. The Real Estate Services, after examining the submitted documents and finding that the conditions of par. 12 are met, take the necessary actions within the framework of their responsibilities, in accordance with the current legislation on public estates, in order for the old seashores registered in the registers of public estates to are deleted, if real rights of individuals are proven. Consequently, for the above cases, the State refrains from bringing lawsuits and for the lawsuits brought, the pending trials are abolished. It is noted that in order to prove the right in rem, public documents are presented, which prove the existence of the right.
5. The definition or redefinition of the old seafront does not affect the ownership and jurisdiction of immovable assets, which have been transferred to ETAD SA. in accordance with par. 4 of article 196 of Law 4389/2016, which, therefore, do not become shared, with the reservation that acquired real rights of private individuals are not affected in accordance with the above paragraphs of this circular.
The decision
The decision imposing fines, etc., reads as follows:
No. 49853 EX 2024 (1)
Impeding the public’s free access to the sea, the foreshore and the beach, determining terms, conditions, technical issues, necessary details and the procedure for imposing an administrative fine.
THE MINISTER OF NATIONAL ECONOMY AND FINANCE
Taking into consideration:
1. Paragraph e) of paragraph 1 of article 19 and paragraph 10 of article 22 of Law 5092/2024 (A’ 33).
2. The p.d. 142/2017 “Organization of the Ministry of Finance” (A’ 181).
3. The p.d. 77/2023 “Establishment of a Ministry and renaming of Ministries Establishment, abolition and renaming of General and Special Secretariats – Transfer of responsibilities, service units, staff positions and supervised entities” (A’ 130).
4. The p.d. 79/2023 “Appointment of Ministers, Deputy Ministers and Deputy Ministers” (A’ 131).
5. The p.d. 82/2023 “Renaming of the Ministry – Establishment and renaming of General Secretariats – Transfer of responsibilities, service units and staff positions – Amendment and completion of the d.d. 77/2023 (A’ 130) – Transitional provisions” (A’ 139).
6. The need to ensure free and unhindered public access to the public areas of the seafront, the beach, the shore, the riparian zone, the water feature, the bottom and subsoil of the bottom of the sea, lagoon, lake and navigable riverbed .
7. The fact that this does not cause an expense to the state budget, decides:
With this decision, cases of obstructing the public’s free access to the sea, the foreshore and the beach are specified and the method of measurement and the amount of the fine provided for in paragraph e) of paragraph 1 of article 19 of Law 5092/2024 are defined. as follows:
Article 1
Cases of obstruction – Method of measurement – Amount of fine
1. Cases of obstruction within the meaning of para. 10 of para. 22 of Law 5092/2024, constitute in particular:
a) Any construction, such as indicatively:
aa) buildings,
ab) walls,
a) planters,
ad) fences of all types, including
of windbreaks and reeds.
For these violations, a fine of five hundred euros (500 euros) per cubic meter corresponding to the volume of the construction is imposed. If the use of mechanical equipment is necessary for the removal of movable elements, the present fine is quadrupled.
b) The placement of a mobile element that cannot be moved easily, such as indicatively:
b) cars,
bb) motorcycles,
b) other heavy wheeled vehicles,
bd) awnings, in such a way that the above prevent the passage of the public towards the sea.
For these violations, a fine of five hundred euros (500 euros) is imposed per meter corresponding to the width of the passage that is obstructed. If the use of mechanical equipment is necessary for the removal of mobile elements, a fine of five hundred (500) euros per cubic meter corresponding to the volume of objects obstructing passage is imposed.
c) The throwing of rubble, building materials and any kind of waste at public crossing points towards the sea.
For these violations, a fine of five hundred euros (500 euros) is imposed per meter corresponding to the width of the blocked passage. If the use of mechanical equipment is necessary for the removal of movable elements, the present fine is doubled.
d) The exercise of any kind of activity or event, individual or collective, professional or non-professional, permanent or temporary, in a way that obstructs the direct access of the public to the sea. For these violations, a fine of five hundred euros (500 euros) is imposed per meter corresponding to the width of the blocked passage.
e) Any kind of physical or verbal obstruction, which prevents the passage of the public towards the sea.
A fine of two thousand euros (2,000 euros) is imposed for these violations.
2. Failure of the violator to remove the obstruction within the deadlines herein is considered a new, independent sanction. The deadline, per category of violation, is defined as follows:
a) for the removal of structures referred to in paragraph a) of paragraph 1, thirty (30) days,
b) for the removal of mobile elements of para. b) of para. 1 and screeds, building materials and any kind of waste of para. c) of para. 1, one (1) day,
c) for the exercise of an activity or event referred to in paragraph d) of paragraph 1, three (3) hours,
d) for the exercise of physical or verbal obstruction of paragraph e) of paragraph 1, one (1) hour.
3. If the violator obstructs the public’s access to the sea by committing more than the violations of par. 1, a single fine is imposed, the measurement of which is divided according to the violation.
4. If two or more, by committing violations of par. 1, obstruct the public’s access to the sea, the fines of par. 1 are apportioned according to the participation of each violator.
5. The fines of this article cannot fall short of two thousand (2,000) euros or exceed sixty thousand (60,000) euros.
Article 2
Analogous application to banks, riparian zones, the water element, the bottom and subsoil of the bottom of the sea, lagoon, lake and the bed of a navigable river.
The present provisions are applied proportionally to banks, riparian zones, the water element, the bottom and the subsoil of the bottom of the sea, lagoon, lake and the bed of a navigable river.
Article 3
Final provisions
This decision is valid from its publication in the Government Gazette.
This decision to be published in the Government Gazette.
Athens, April 5, 2024
The minister
KONSTANTINOS HATZIDAKIS”.
Source money-tourism.gr