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Thursday, December 9, 2021

In Parliament the n / s for outdoor trade

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The draft law of the Ministry of Development and Investment was submitted to the Parliament under the title "Reform and modernization of the regulatory framework for the organization and operation of outdoor trade, regulations for recreational activities in education, improvements in chamber legislation and other provisions of the Ministry of Development" .

The draft law reforms the institutional framework for the organization and operation of outdoor trade and regulates various issues within the competence of the Ministries of Development and Investment and Education and Religions.

specifically:

PART A

1. The purpose, the object is defined and the definitions of the draft law under voting are presented.

2.a. The forms of outdoor trade to which the regulations apply are identified.

b. Defined:

- the types of licenses and certificates of activity, for the exercise of outdoor trade and their validity period is set,

- the maximum number of licenses that natural and legal persons may hold,

- the beneficiaries, the criteria and the required supporting documents, for obtaining the license and / or certificate of activity, as the case may be, preparation and sale of ready-made food and drink on the street (street food market), iv) seller in short-term markets and v) seller in organized open-air markets and in stagnant trade.

3. All holders of licenses for activity in the outdoor trade are obliged to declare the beginning of business activity in the competent tax authority and to use the Electronic Tax Mechanism (F.H.M.) declared and connected to the Information F.H.M. of the Independent Public Revenue Authority (A.A.D.E.). Excluded from this obligation are the sellers who are active in the markets of craftsmen-artists for up to three months per year, under the specified condition, and the mentioned producers-sellers who are active in the stationary and itinerant trade.

4. The following are defined:

- the procedure and conditions for granting licenses, positions and rights to operate in itinerant trade. (By decision of the competent authority, an advisory committee for the control and evaluation of applications is set up, as well as an advisory committee for objections by officials of the same authority),

- the special conditions for the granting of licenses and positions in public markets, to new and existing sellers,

- the conditions for the participation of candidates in the process of granting licenses, concessions and rights of activity in itinerant trade by issuing a notice and defining the reasons for exclusion of candidacies from the specific procedure,

- the criteria for the granting of a license and a place of activity in the outdoor trade,

- the procedure and conditions for renewing a vendor license for outdoor trade,

- the types of sales as well as the terms and conditions for the addition of new sales products by a producer or professional seller, - the terms and conditions for the transfer of (i) a license, with the corresponding positions, producer and professional seller, (ii) producer and professional seller positions in all areas of outdoor trade and (iii) license and rights to operate in street trade.

- mutual exchange of positions between two or more sellers operating in the same open-air market or in the same municipality in the case of stagnant trade is permitted,

- the terms and conditions of suspension, resignation and loss of the position of activity as well as the right of activity in itinerant trade, etc.

5. The fees for the position and right of activity of sellers in the outdoor trade are determined as well as the cases of exemption from their payment.

From the fee collected i) the operators of the popular markets of the Attica region and the Metropolitan Unit of Thessaloniki and ii) the operators of the short-term markets and the crafts-artists markets of the Attica region and the Metropolitan Unit of Thessaloniki, a percentage of 1% appears in State budget revenues in a separate detailed revenue account (SA) due to the support of the operation and maintenance of the Integrated Information System "Open Market" (OPSAA) by the General Secretariat of Commerce and Consumer Protection of the Ministry of Development and Investment.

6. The following are defined:

- the terms and conditions for the selection of a place of operation of the open-air markets by the competent body, under the specifically mentioned conditions (the possibility of renting open-air spaces by the State is provided to cover the relevant needs).

- the municipalities as competent authorities and operators of the public markets of the country, with the exception of the public markets in the Attica Region and in the Metropolitan Unit of Thessaloniki, for which competent authorities are defined the Attica Region and the Region of Central Macedonia respectively. At the same time, the responsibilities of the competent authorities for the operation of the public markets are defined.

7. The procedures and the competent authorities for matters of establishment, movement, expansion and abolition of public markets are foreseen.

8.a. The content and the purpose of the Regulation of Operation of the Public Markets are determined.

b. The operating days of the public markets are foreseen and the responsibility for defining their daily operating hours is clarified.

c. The possibility of establishing standard public markets is foreseen (new institution), the competent authorities are defined, the prerequisites for their operation are mentioned, etc.

9. Arrangements regarding short-term purchases are included. Indicatively, the following are mentioned: i) the competent authorities for their operation and their relevant responsibilities, ii) the procedure, the terms and conditions for their establishment, relocation, extension and abolition, iii) their duration of operation, iv) the categories sellers participating in short-term markets and their participation quota, v) the minimum content of their Rules of Operation.

10. Special arrangements are included for i) the Sunday markets, the permitted items for sale and the process of their establishment, ii) the fairs and their operation and iii) the operation of the crayfish markets, the categories of sellers and the conditions of their selection.

11. The operation of special thematic markets in the regions of the country (except the Regions of Attica and Central Macedonia) is foreseen under the specially defined conditions.

12. Special arrangements are included for the markets of craftsmen-artists, the conditions for granting the relevant licenses, the competent operating bodies, the conditions for the establishment, abolition, relocation and expansion of these markets, the procedure for awarding sales positions, the content and purpose of the Regulation operation of these markets.

13. Issues related to the markets for the preparation and sale of ready-made food and beverages on the street (street food markets) are regulated. In particular, among others:

- It is foreseen that: i) the granting of the activity license in the above markets and ii) the granting of the activity positions and the granting of the relevant license are made after the issuance of a notification by the competent authority (relevant municipality) for a tender based on the highest financial offer .

- The following are specified: i) the minimum information that must be included in the above announcement and ii) the duration of the granting and maintenance of the assigned position.

- The percentage of participation in the above-mentioned open-air markets of the holders of a license of a professional seller of stationary trade with a canteen object (10% of the total market positions) is determined.

14. The municipality is designated as the competent authority for the stationary trade, within the limits of which the position of activity in the stationary trade is granted, and its responsibilities are determined (determination of the amount of the occupation fee, the method of payment issue).

15.a. Indicate: i) the categories of sellers that can be active in the stagnant trade, ii) the places in which the stagnant trade positions can be located and iii) the criteria according to which the positions of activity are located.

b. The legal framework that applies to mobile canteens operating in public areas of shoreline and old shoreline, beach, shore and riparian zone of large lakes and navigable rivers is defined. (Law 2971/2001)

c. The procedure and criteria for granting a license and assigning a position in the stationary trade are defined. In particular, among other things, the obligation of the license holders is provided, in case they have been granted more than one position in the municipality, to choose with their declaration, within the defined period, one position, resigning from the others. Failure to submit the above declaration, within the set deadline, implies for the liable administrative fine of 1.000 euros and revocation of his license.

16. Issues related to the competent authorities (regions) for itinerant trade, the sellers active in it as well as the more specific terms and conditions of activity in it are re-regulated. Among other things, it is stipulated that each seller may not hold more than one street trade rights in each region and may not operate in more than three regions.

17.a. The maintenance of an electronic database in OPSAA is foreseen. for the smooth operation of outdoor trade and its monitoring, which is technically implemented by the Directorate General of Digital Policy and e-Government of the Ministry of Development and Investment and falls under the responsibility of the General Secretariat for Trade and Consumer Protection.

b. The data that must be registered in the OPSAA by the competent authorities as well as its users are identified.

c. In the OPSAA operates a digital platform, which is accessible through the Single Digital Portal of Public Administration (gov.gr-EIP). Ο.Π.Σ.Α.Α. operates with the information system of the digital platform e-katanalotis of the General Secretariat of Commerce and Consumer Protection, in which every seller active in the public market enters, during the market operation period, the defined data. Failure to register the above deadline results in a fine of 500 euros.

18. The competent authorities for the control of the smooth operation of the outdoor trade, the obligations and duties of the auditors, the obligations of the auditees as well as the procedure for carrying out the audits shall be redefined.

19.a. The administrative and criminal sanctions for the violation of provisions in the open trade as well as the procedure for the collection of the relevant administrative fines are redefined. In particular, among other things, the imposition of an administrative fine of up to 100.000 euros is provided to the competent authorities that are obliged to inform the OPSAA. and the publication of vacancies for sellers in public markets in case of failure to carry out the relevant registrations and publications within the set deadlines.

b. Issues related to the administrative and judicial protection of controlled vendors are regulated.

20.a. Includes transitional powers as well as empowering provisions on outdoor trade. In particular, among other things, it is stipulated that the competent bodies of the existing public markets that operate during the publication of the law under voting, without a decision of establishment, operating regulations and topographic diagram must proceed to their issuance and their registration in the OPSA. .A. within the specified period, by omitting the above to incur an administrative fine of up to 100.000 euros, with the possibility of doubling in case of recurrence.

b. The provisions of the current legislation that are repealed with the proposed provisions of the law under voting are listed. In particular, the control points of the public markets and open-air trade, the control points of the tourist market and the organic units of the Directorate of the Public Markets of the regions of Attica and Central Macedonia are abolished.

PARTS B 'AND C'

1.a. Conditions are set (installation and operation permit, designation of a competent authority for their issuance, etc.), for the exercise of outdoor recreational activities, other than those regulated by the provisions of Chapter IX of Law 4442/2016 (theme parks, circus , ice rinks). With etc. the competent authorities, conditions, etc. may be designated. for the exercise of the above activities in the mentioned areas (ports, land ports of tourist ports, ships, vessels) according to the more specific definitions.

b. The opening hours of theaters and cinemas operating in closed rooms or open spaces are redefined, provided that the public peace is not disturbed and lower fines are imposed in case of its violation (today, the amount of the fine imposed is at least 5.000 XNUMX euros implementation of the said Decision).

2.a. Arrangements are introduced for the simplification of the establishment and operation of activities in the field of education and specifically, the establishment and operation, by natural or legal persons, of Private Vocational Training Institutes (I.I.E.K.) are included in the regulatory scope of law 4442/2016. .), Tutoring Centers, Foreign Language Centers and Colleges. In relation to the current ones (licensing by the competent bodies on a case by case basis, according to par. I of article one of law 4093/2012), the following changes occur:

- The I.I.E.K. and the Colleges are subject to an approval regime, while the Tutoring Centers and Foreign Language Centers are subject to an approval or notification regime, depending on their capacity, without modification of the relevant bodies [Minister of Education and Religions, responsible director general or secretary general Qualifications and Vocational Training Certification Organization (EOPPEP), as the case may be].

- The applied procedures for the establishment and operation of the above-mentioned structures are specified and the required conditions for the interested natural persons are redefined.

- The payment of a fee is provided, the amount and the method of payment of which are determined by etc., for the granting of approvals or their modification or transfer as well as for the submission of notifications, in accordance with the above. At the same time, the update procedure (licenses of law 4093/2012) is abolished.

- It is stipulated that 80% of the total income from the introduction of the fee for the approval and notification of operation is collected in favor of E.O.P.P.E.P. and 20% in favor of the state budget, in order to cover relevant expenses of the General Secretariat of Industry of the Ministry of Development and Investment.

- The revenues from the ones imposed by E.O.P.P.E.P. Fines (article 15 of law 4442/2016) for violations related to approvals or notifications for the structures of its competence, are attributed at a rate of fifty (50%) to the state budget.

- The necessary authorizations for the regulation of individual issues are provided (content and supporting documents of the approval and notification procedures, method of credit transfer, scope of sanctions, etc.) and transitional regulations are introduced.

b. The provisions of par. I of article one of law 4093/20212 are adjusted accordingly and the time of entry into force of the proposed regulations is determined.

3a. Chambers are given the opportunity to provide grants to businesses affected, in particular by natural disasters, as specifically defined.

- Provisions are amended / supplemented regarding the payment of entertainment and travel expenses to the members of the Board of Directors. and other employees of the Chambers, as well as provisions on automatic dismissal from office in the Chambers.

c. The provisions on share capital increase in the companies KTEL SA are completed. (Law 2963/2001) and, with the exception of the provisions for public limited companies (Law 4548/2018), conditions are set for the increase of share capital if the own funds are negative.

d. The issuance of feeding orders by capital or personal companies is provided according to the more specific provisions and authorization is provided for the regulation of individual issues (supervision, fines / penalties, etc.).

SOURCE: ΑΠΕ- ΜΠΕ

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