Dr.

Georgios Sbokos
WASTE

CONTENTS
Editor-in-chief: Adonis Karatzas (adonik@nb.org) Editorial board: Geena Papantonopoulou (geenap@nb.org) Marina Tsikouri (marinat@nb.org) Advertising managers: Georgia Siakandari (georgias@nb.org) Juliana Berberi (juliber@nb.org) Art Director: Theodoros Mastrogiannis (mastroth@nb.org) Creative Director: Andreas Menounos (andreasm@nb.org) Desktop Publishing Films: Yannis Dedousis (yannisd@nb.org) GREEK LAW DIGEST ISSN 2241-133X www.greeklawdigest.gr NOMIKI BIBLIOTHIKI SA, 2012 COPYRIGHT The content of this Guide is copyright of NOMIKI BIBLIOTHIKI S.A. Copying of part or all of the content of the Guide in any form is prohibited other than that in accordance with the following permission: a) you may copy pages from the Guide for your personal use only, b) you may recopy extracts from the Guide to individual third parties for their personal information, but only if there is acknowledgment to NOMIKI BIBLIOTHIKI S.A. as the copyright owner of the Guide. DISCLAIMER The content of this Guide is intended for information purposes only and should not be treated as legal advice. The publication is necessarily of a general nature; NOMIKI BIBLIOTHIKI S.A. makes no claim as to the comprehensiveness or accuracy of the Information provided; Information is not offered for the purpose of providing individualized legal advice. Professional advice should therefore be sought before any action is undertaken based on this publication. Use of this Guide does not create an attorney-client or any other relationship between the user and NOMIKI BIBLIOTHIKI S.A. or the legal professionals contributing to this publication.

Useful insights of the Greek Economic Environment ................................................................... 16 Judicial System ........................................................................................ 33 Basic Aspects of Civil Law .............................................................. 75 Business Entities ................................................................................. 111 Banking System - Finance - Investment ....................... 185 Mergers & Acquisitions ................................................................. 243 Financial Contracts............................................................................ 275 Financial Tools ....................................................................................... 299 Competition ............................................................................................ 313 Industrial & Intellectual Property Rights ...................... 337 Transportation....................................................................................... 355 Insurance .................................................................................................... 403 Insolvency - Bankruptcy .............................................................. 411 Tourism......................................................................................................... 425 Technology - Media - Electronic Communications ................................................................................ 433 Energy ........................................................................................................... 467 Environment ........................................................................................... 505 Real estate ................................................................................................. 571 Food & Beverage ................................................................................. 589 Life sciences ............................................................................................. 597 Consumer protection ..................................................................... 605 Pesronal data .......................................................................................... 611 Lottery Games................................................................................... 619 Sports Law................................................................................................. 625 Employment............................................................................................ 633 Immigration ............................................................................................. 653 Exports / Imports/ Customs ..................................................... 661 Tax ..................................................................................................................... 667 Legal profession in Greece ........................................................ 703 Related information ......................................................................... 705

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ENVIRONMENT

Solid, urban wastewater, toxics, clinical and hazardous waste, waste management, recycling
Dr. Georgios Sbokos, Attorney at Law ,
Legal consultant of EPEM S.A.

WASTE

Which is the existing legal framework for waste management? The existing legal framework is based on the Joint Ministerial Decision (JMD) 50910/2727/2003 (GG B 1909/2003) Measures and Conditions for Solid Waste Management - National and Regional Planning Management in compliance with the provisions of the Directive 91/156/EEC. This JMD sets the objectives and principles of management of solid waste, including the requirements of the national and the regional plans for integrated waste management. Furthermore, the JMD foresees the responsible bodies for managing solid waste (FoSDA) and the measures for the rehabilitation and use of disposal sites. Article 5, par. 1 defines the guidelines for the management of solid waste throughout the country and suggests appropriate the measures which promote (under d.) the use of waste as an energy source. Article 11 provides for the obligations of the wasteholders in accordance to Law 2939/2001 (GG A 179/2001). The new framework Law on waste management, which transposes the Waste Framework Directive 98/2008 is completed and currently in passing by the Greek Parliament. After its approval it will simplify, modernize and clarify the existing framework. The adoption of the upcoming Law, combined with Law 3854/2010 (GG A 94/2010), relating to alternative management of specific waste streams, will provide a comprehensive legal framework for waste management. Which administrative body is responsible for the waste management? The regulatory framework for the waste management since 01.07.2011 is set in the reforming Law for the administrative restructuring 3852/10 (GG A 87/2010) as follows: The Municipalities manage the urban waste (art. 94, nr. 25) in accordance to the regional Plan of the Prefecture (art. 186, nr. 29) which is scheduled according to JMD 50910/2003. The above framework foresees the founding of union societies consisting of Municipalities within a Prefecture through a Presidential Decision (PD), which will automatically take over all responsibilities from the member Municipalities. Which competency do Municipalities have? The Municipalities (> Dimos) are legally considered as first grade administrative bodies. The tasks of the 325 Municipalities in Greece are generally provided in the Presidential Decree 410/1995 and Law 3852/2010. Especially in relation to waste management the Dimos is competent for the Wastewater- and the Waste disposal Management. Which competency do Prefectures have? The Prefectures (> Periferia) are legally considered as second grade administrative bodies. The tasks of the 13 Prefectures in Greece are generally provided in Law Dr. Georgios Sbokos

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3852/2010 and the Presidential Decree 30/1996 (GG A 21/1996). Within the Office of the Periferia, sits the Directorate for Development Planning, Environment and infrastructure, which has among other divisions, the Division of Environmental and Spatial Planning. The powers of the Periferia in general are contained in article 186 of Law 3852/10. Especially in relation to waste management the Periferia is competent for the Regional Waste Management Plan (PESDA) in accordance to the National Waste Management Plan (ESDA) preliminary approval of environmental assessments and the approval of the disposal, recovery, storage and handling of waste. Which competency does the Decentralized Administration have? The powers of the Decentralized Administration (> Apokentromeni Diikisi) in general are contained in Article 280 of Law 3852/10. Within the Office of the General Secretary of the Decentralized Administration sits the Decentralized Management Directorate for Spatial and environmental policy, which consists of three sections: Division of Monitoring and Protection of Water Resources and Division of Environment and Spatial Planning. The Division of Monitoring and Protection of Water Resources is responsible for collecting and processing data in quantity and water quality, monitoring and controlling the water quality parameters and quantitative status and emissions of pollutants into waters to protect against contamination and decontamination of water. The Division of Environment and Spatial Planning is responsible for the specification of the environmental guidelines, coordination of actions to monitor and protect the environment, the process of preliminary environmental assessment and the evaluation of projects and activities, the approval of environmental terms of projects and activities. Where can the necessary information on establishing a waste management company be found? Helpful information in English referring to business and investment environment in Greece may be found on the user - friendly website of the Ministry of regional Development and Competitiveness on http://www.startupgreece.gr/ Where can the necessary information on the actions required to prepare a waste management project be found? A wizard concerning the procedures for the operation of a waste management project from the conception of the project until the construction and operation launching can be found on http://www.mou.gr. The wizard includes a summary record of all proceedings and actions required to prepare comprehensive project management waste from the conception of the project until the construction and launch operation, in association with the respective responsible for any action bodies and relevant legislation that regulates these processes. Which are the phases until a waste management project is set in operation? The contractor needs an approval for the land use at the beginning. Afterwards the purchase of land is required. A preparatory study of the project and the Environmental Impact Assessment has to be declared in order to get the approval of envi-

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ronmental conditions. Law 4014/2011 (GG 209/2011) provides a clear scheme of the approval procedure. After the auction takes place and the contractor is selected, the construction of the project may begin. How can a Firm take part in a competition for waste management? The competition follows the open procedure (open to competition sealed bids) in accordance to the provisions of Law 3463/2006 (GG A 114/2006), PD 60/2007 (GG A 64/2007) [Greek legislation on public service contracts according to the provisions of EU Directive 18/2004] and article 83 of the Law 2362/95 (GG A 247/1995). Which are the general conditions of participation in an open competition? The competition is open to natural or legal persons or associations of these individuals or consortia, domestic or foreign, which are engaged in providing the related services. Unions are not required to obtain a specific legal form in order to bid, but are obliged to do so if selected, before signing the contract. Can waste treatment projects be developed through PPPs? The debate on PPP in public services began in Greece officially on 2005 through publishing Law 3389/2005 (GG A 232/2005). Since then there is an increasing interest for PPP s in solid waste management. The Greek Government has initiated the process of an international public tender for the appointment of a contractor for the treatment and management of the Urban solid waste in the Attica region (www.patt.gov.gr), in Kozani and Thessaloniki (www.sdit.mnec.gr). The projects are proposed to be implemented through public-private partnerships (PPP), according to Law 3389/2005. The Greek State will contribute to funding for the project with community support an estimated 30% of project cost. The contractor will be paid based on the amount of incoming waste to achieve specific environmental objectives including the recycling targets and quality characteristics. What is the cost of solid waste treatment? The current level of treatment tariffs ranges between 15 to 45 /tone. The per tone charging is provided in article 9 of Law 3854/2010. The cost differs in rural and urban areas. The low end reflects the cost in metropolitan cities as e.g. Athens and the high end in integrated waste management facilities as e.g. those in Chania Crete. There is no landfill tax on similar financial incentives and the most attractive options are related to the renewable energy technologies and especially to anaerobic digestion. The pricing of power generated from renewable energy units is provided in Chapter D, article 13 of Law 3468/2006 (GG 129/2006). Where can the National plan for waste management be found? Greece established a National Waste Management Plan (ESDA), issued and in force since 12.22.2003. The National Solid Waste Management Planning (JMD 50910/2727/2003) refers to all types of waste (urban and non-urban, hazardous and industrial waste) across the country.

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Any project must be provided from ESDA in order to be implemented. At the moment an updated ESDA is in the phase of development. How advanced is Greece in recycling issues? After the Waste Framework Directive 98/2008 was published the European Union required from Member States to promote recycling programs in order to implement waste prevention and management. Two years later a new Law was published in Greece [3854/2010] referring the amendment of the former legislation on recycling. The National Agency on Alternative Management of Packaging and Other Products (EOEDSAP) is launched, amending the operating of the approved recycling systems to ensure the smooth functioning of the market and improve effectiveness. In packaging waste the national recycling performance is on the road to cover all EU targets. In organic fraction recycling the system just started being developed (www. ypeka.gr/ ENVIRONMENT/ RECYCLING). Which alternative Management Systems are provided? There are several alternative Management Systems provided. The systems are licensed and operated under the responsibility of producers/ managers, nationwide and expand gradually geographically. The PD 116, (GG 81A/2004) regulates the management of old vehicles. The PD 117, (GG A 82/2004) regulates the management of waste from electrical and electronic equipment. Waste oils are recycled according to the PD 82 (GG A 64/2004) and batteries and accumulators according to JMD 41624.2057.103/2010 (GG 1625/2010) in order to modernize the legal framework and set it in full compliance with the relevant EU Directive 2006/66. Further used tires are exploited due to the provisions of the PD 109 (GG A 75/2004). Inert material aggregates can be reused according to the JMD 8 / 2010 referring to alternative management of aggregates and recycling systems of waste from demolition and construction. Law 2939/2001 (GG A 179/2001) refers on packaging and alternative management of packaging and other products. The PD 109/2004 regulates the alternative management of used tires for vehicles. The JMD 80568/4225/1991 (GG B 641/1991) foresees the methods, conditions and restrictions for use in agriculture of sludge from the treatment of domestic and urban sewage. The JMD 7589/731/2000 (GG B 514/2000) establishes measures and procedures for the management of polychlorinated biphenyls and terphenyls (ROV /ROT). The JMD 18083/1098 E.103 / 2003 (GG B 606/2003) sets the regulatory framework regarding the plans for the disposal / decontamination of equipment containing ROV. Which is the regulatory framework for bio degradable waste? The JMD 29407/3508/2002 (GG B 1572/2002), incorporating into national Law the EU Directive on the Landfill (1999/31/EC) is progressively increasing targets for diverting biodegradable municipal waste from the soil disposal starting in 2010. The targets set for the management of biodegradable waste are: By July 16, 2010, biodegradable municipal waste going to landfills was planned to be reduced to 75% of the total amount (by weight) of biodegradable municipal waste produced in 1995.

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 By July 16, 2013, biodegradable municipal waste going to landfills must be reduced to 50% of the total amount (by weight) of biodegradable municipal waste produced in 1995. Until July 16, 2020, biodegradable municipal waste going to landfills must be reduced to 35% of the total amount (by weight) of biodegradable municipal waste produced in 1995. The calculation basis is the following: The year 2010, biodegradable waste diverted from the landfill should not be less than 1,100,000 tons. The year 2013, biodegradable waste to be diverted from the landfill will not be less than 1,950,000 tons. The year 2020, biodegradable waste to be diverted from landfills will not be less than 2,700,000 tons. How can urban wastewater be reused? According to the JMD 145116/11 (GG B 354/2011) the wastewater reuse shall apply on urban liquid waste and industrial wastewater as defined in the JMD 5673/400/1997 (GG B 192/1997). The reuse may lead to production of drinking water, usually through mixing of the elaborated water with clean underground aqueous systems, and production of irrigating water allowed for agricultural use. Further the Joint Ministerial Decision determines the measures, procedures and processes for the reuse of treated wastewater. Who is responsible for the collection and treatment of hospital waste? Liable for the collection and general management of hospital waste are the owners and their producers. The JMD 37591/2031/2003 (GG 1419/2003) determines the measures and processes for the management of hospital waste. There is already draft legislation for the management of hospital waste, which needs to be reformed in order to be compatible with the new framework Law on waste management. According to the Presidential Decree 8668/2007 Approval of National Planning Management of Hazardous Waste, the required actions to be taken for hazardous medical waste include treatment outside the health units, incineration in appropriate facilities and disposing of waste in Landfills, depending on the risk. Alternatively, if the medical waste is purely of infectious nature, sterilization inside or outside the health units is provided and afterwards land filling. Which is the legal framework for the management of hazardous waste? Under the current framework as hazardous waste is considered: a) Any waste which is marked with an asterisk (potential hazardous waste) and is classified as hazardous under the provisions of paragraph A (ed.4) of Annex 1 of Article 19 of the JMD 13588/725/2006 (GG B 383/2006) and b) any other waste that is classified as hazardous in accordance with the terms and procedure of Article 6 of the JMD 13588/725/2006. JMD 13588/725/2006 regulates further the measures, conditions and restrictions of the management of hazardous waste in compliance with the provisions of Directive 91/689/EEC. Dr. Georgios Sbokos

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The JMD 8668/2007 (GG B 287/2007) regulates the adoption of National Planning Management of Hazardous Waste. JMD 24944/1159/2006 (GG B 791/2006) provides the general technical approval of Standards for managing hazardous waste. Is marine transportation of waste allowed? The marine transportation of municipal solid waste is provided in article 42 of Law 3979/2011 (GG A 138/2011). An upcoming Presidential Decree issued upon proposal of the Ministers of Interior, Public Administration and Decentralization, Environment, Energy and Climate Change and Water Affairs, Islands and Fishery and Infrastructure, Transport and Communications will establish the management modules, which will allow the transportation of MSW and the terms and conditions of the marine transport as the competent institutions, the licensing process, the development of land and maritime routes and schedules, standards of the required loading spaces at reception sites, the technical specifications for storage and transport, pricing and evacuations within or outside a management module. Deviations related to granting maritime lines are permitted under the special status enjoyed by less favored islands in article 107 paragraphs 3a and 3c of the EU Treaty (former article 87). Restrictions on the principle of proximity are provisionally allowed, if through marine transportation a high level of environmental protection in terms of efficiency and sustainability in the sense of article 191 II (former article 174) of the EU Treaty is succeeded.

DR. GEORGIOS SBOKOS

51, DIMOKRATIAS AVENUE 713 06 HERAKLION CRETE Tel.: +30 2810 280345 Fax: +30 2810 280345 E-mail: sbokos@ecothesis.gr Url: www. ecothesis.gr; www.epem.gr Languages German, English, Greek Contact Georgios Sbokos

AREAS OF PRACTICE
Solid waste management Facility licensing Land use matters Approvals for commercial Industrial and municipal development projects Environmental aspects of business and real estate transactions Environmental impact study counseling Municipal procurement and contracting

EDUCATION
Philips University of Marburg - Germany, Law School Albertus Magnus University of Cologne - Germany, Law School (LL.B) University of KoblenzLandau - Germany, Faculty of Natural Sciences (Cert. European Environmental Law) Ethniko and Kapodistriako University of Athens, Law School (Dr. Iur.)

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