The bill of the Ministry of Development and Investments was submitted to the Parliament with sweeping changes in the street, outdoor trade, popular markets, trade fairs, craft markets etc..
Sweeping changes in itinerant trade, popular markets, Street Food Markets, market of craftsmen / artists, market of crayfish collectors, cottage industry, mobile singersbrings the bill of the Ministry of Development and Investment, submitted to Parliament.
Entitled "Reform and modernization of the regulatory framework for the organization and operation of the outdoor trade, arrangements for recreational activities and the simplification of educational activities, improvements in chamber legislation and other provisions of the Ministry of Development and Investment ", το σχέδιο νόμου αναμορφώνει το θεσμικό πλαίσιο οργάνωσης και λειτουργίας του υπαίθριου εμπορίου και ρυθμίζονται διάφορα θέματα αρμοδιότητας των Υπουργείων Ανάπτυξης και Επενδύσεων και Παιδείας και Θρησκευμάτων.
1. The purpose is determined, the object and the definitions of Part A are given’ του υπό ψήφιση σχεδίου νόμου. (articles 1 and 2)
2.a. The forms of outdoor trade to which the regulations of that Party apply shall be specified..
b. They are determined:
- the types of licenses and certificates of activity, for the conduct of outdoor trade and their duration is set,
- the maximum number of licenses that natural and legal persons can hold,
- the beneficiaries, the criteria and the required supporting documents, for obtaining the license or certificate of activity on a case by case basis,
i) producer / professional flea market seller,
ii) artisan / artist seller in crafts / artist markets,
iii) seller at an outdoor market making and selling ready-made food and drink on the street (street food market), iv) seller in short-term markets and
v) πωλητή σε οργανωμένες υπαίθριες αγορές και στο στάσιμο εμπόριο. (articles 3-11)
3. All holders of licenses to operate in the outdoor trade are obliged to declare starting a business activity to the competent tax authority and to use an Electronic Tax Mechanism (Φ.Η.Μ.) declared and connected to the Information F.H.M.. of the Independent Public Revenue Authority (Α.Α.Δ.Ε.). Excluded from this obligation are sellers active in the markets of craftsmen-artists up to three (3) months per year, under the specified condition, and the reported sellers-producers active in the stationary and itinerant trade.
4. They are determined:
- the licensing process and conditions, positions and rights to operate in itinerant trade. (It is being formed, by decision of the competent authority, advisory committee for the control and evaluation of applications as well as an advisory committee for objections by officials of the same authority),
- the special conditions for granting licenses and positions in public markets, to new and existing sellers,
- the conditions for participation of candidates in a licensing process, of positions 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 issuing a license and a place of activity in the outdoor trade,
- the procedure and conditions for the renewal of a vendor license in the outdoor trade,
- the types of sales as well as the terms and conditions for the addition of new sales products by a licensed producer or professional seller,
- the terms and conditions for the transfer i) license, with the corresponding
- seats, producer and professional seller, ii) positions of producer and professional seller in all areas of outdoor trade and iii) license and rights to operate in itinerant trade.
- επιτρέπεται η αμοιβαία ανταλλαγή θέσης μεταξύ δύο (2) or more sellers operating in the same open-air market or in the same municipality in the case of stagnant trade,
- the terms and conditions of suspension, resignation and loss of position as well as the right to operate in street trade, etc.. (articles 13-22)
5. The fees for the position and the right of activity of sellers in the outdoor trade are determined as well as the cases of exemption from their payment..
From the end they receive
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 markets of craftsmen-artists of the Attica region and the Metropolitan Unit of Thessaloniki, rate 1% appears in the state budget revenues in a separate detailed revenue account (Α.Λ.Ε.) due to the support of the operation and maintenance of the Integrated Information System "Open Market" (Ο.Π.Σ.Α.Α.) από τη Γενική Γραμματεία Εμπορίου και Προστασίας Καταναλωτή του Υπουργείου Ανάπτυξης και Επενδύσεων. (articles 23 and 24)
6. They are determined:
- the terms and conditions for the selection of a place of operation of the open-air markets by the competent body, under the conditions specifically mentioned (the possibility of renting outdoor 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 Region of Attica 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.(articles 25 and 26)
7. The procedures are foreseen and the competent authorities for establishment issues are defined, movement, expansion and abolition of public markets. (article 27)
8.a. The content and the purpose of the Regulation of Operation of the Public Markets are determined.
b. The opening days of the public markets are foreseen and the responsibility for defining their daily opening hours is clarified..
c. The possibility of establishing standard public markets is envisaged (new institution), the competent authorities are designated, the prerequisites for their operation are stated, etc ..(articles 28-32)
9. Arrangements regarding short-term purchases are included.
Indicatively, they are mentioned:
i) the competent authorities for their operation and their relevant responsibilities,
ii) the process, the terms and conditions for the establishment, movement, their expansion and abolition,
iii) their duration of operation,
iv) the categories of participating sellers in the short-term markets and their participation quota,
v) the minimum content of their Rules of Procedure. (articles 33-38)
10. Special settings for
i) Sunday markets, the permitted items for sale and the process of their establishment,
ii) trade fairs and their operation and
iii) the operation of crayfish markets, the categories of sellers and the conditions of their choice.
11. The operation of special thematic markets in the regions of the country is foreseen, (except for the Regions of Attica and Central Macedonia) under specially defined conditions. (article 42)
12. Special arrangements are included for the markets of craftsmen-artists, the conditions for granting the relevant licenses, the competent operators, the conditions of establishment, abolition, movement and expansion of these markets, the process of delivering sales positions, the content and purpose of the Regulations for the operation of these markets.
13. Ρυθμίζονται θέματα σχετικά με τις markets for making and selling ready-made food and drinks on the street (street food markets).
Especially among others:
– It is provided that:
i) the granting of a license to operate in the above markets and
ii) the assignment of the positions of activity and the granting of the relevant license are made after the issuance of a notification by the competent authority (relevant municipality) for conducting a tender based on the criterion of the highest financial offer.
– They are identified:
i) the minimum information to be included in the above notice and
ii) the duration of the granting of the license and the maintenance of the granted position.
– The percentage of participation in the aforementioned open-air markets of the license holders is determined professional seller of stationary trade with object canteen (10% on all market positions). (article 48)
14. Ορίζεται ως αρμόδια αρχή για το στάσιμο εμπόριο ο δήμος, within the limits of which the position of activity in the stationary trade is granted, and its responsibilities are defined (determining the amount of the occupancy fee for a common area, the method of payment as well as any other relevant issue).(article 49)
15. a. They are mentioned:
i) the categories of sellers that can be active in the stagnant trade,
ii) the places where the stagnant trade positions may be located and
iii) the criteria according to which the places of activity are located.
b. Defines the legal framework that applies to mobile canteens operating in public areas of the seafront and old seashore, beach, shoreline and riparian zone of large lakes and navigable rivers. (ν. 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 license holders is provided, in case they have been granted more than one (1) positions in the municipality, to choose with their statement, within the specified period, one place, resigning from the others. Failure to submit the above statement, within the set deadline, implies for the liable administrative fine of one thousand (1.000) euro and revocation of its operating license. (articles 50-52)
16. Issues concerning the competent authorities are being regulated (regions) for itinerant trade, the sellers who are active p’ as well as the more specific terms and conditions of activity in it. Among other things, it is stipulated that each seller can not own more than one (1) rights to operate in itinerant trade in each region and may not operate in more than three (3) regions. (articles 53-55)
17.a. The maintenance of an electronic database in OPSAA is foreseen. for the smooth operation of the outdoor trade and its monitoring, which is technically implemented by the Directorate-General for 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 are determined by the competent authorities as well as its users.
c. In the OPSAA. operates digital platform, which is accessible through the Single Digital Portal of Public Administration (gov.gr-ΕΨΠ). Ο.Π.Σ.Α.Α. operates with the information system of the e-katanalotis digital platform of the General Secretariat for Trade and Consumer Protection, to which every seller active in the popular market introduces, during the market operation period, the specified items. Failure to register the above deadline will result in a fine of five hundred (500,00) euro. (articles 56 and 57)
18. Επαναπροσδιορίζονται οι αρμόδιες αρχές ελέγχου της εύρυθμης λειτουργίας του υπαίθριου εμπορίου, the obligations and duties of auditors, οι υποχρεώσεις των ελεγχομένων καθώς και η διαδικασία διενέργειας των ελέγχων. (articles 58-61)
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 one hundred thousand is envisaged (100.000) Euros 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 make the relevant registrations and publications within the set deadlines.
b. Issues related to the administrative and judicial protection of controlled vendors are regulated. (articles 62-65)
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 operation of the existing public markets that operate at the time of the publication of the law under vote, without a founding decision, operating regulations and topographic diagram must proceed to their issuance and their registration in the OPSAA. within the specified time period, by omitting the above to incur an administrative fine of up to one hundred thousand (100.000) euro, with the possibility of doubling in case of recurrence.
b. The provisions of the current legislation that are repealed by the proposed provisions of the law under vote are listed.. In particular, the Population Markets and Outdoor Trade Control Scales are abolished, among others., the Levels of Control of the Tourist Market and the organic units of the Directorate of Public Markets of the Regions of Attica and Central Macedonia. (articles 66-68)
II. PARTS B’ AND G’
1.a. Conditions are set (installation and operating license, designation of a competent authority for their granting, etc.), for outdoor recreational activities, other than those governed by the provisions of Chapter IX’ of n. 4442/2016 (theme parks, circus, ice skating). With etc.. the competent authorities may be designated, conditions etc.. for the exercise of the above activities in the mentioned places (ports, land ports of tourist ports, ships, vessels) as specifically defined.
b. Redefines the opening hours of theaters and cinemas operating indoors or outdoors, provided that the public peace is not disturbed and lower fines are imposed in the event of a breach of the (today, the amount of the fine imposed is at least 5.000 euro, cat’ implementation of the said decision). (articles 69-70)
2.a. Arrangements are introduced to simplify the establishment and operation of activities in the field of education and in particular, are part of the regulatory field of law 4442/2016, the establishment and operation, by natural or legal persons, Private Vocational Training Institutes (I.I.E.K.), Tutoring, Foreign Language Centers and Colleges. In relation to the current ones (licensing by the competent authorities on a case-by-case basis, according to par. Θ 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 Tutoring Centers and Foreign Language Centers are subject to an approval or notification regime, depending on their capacity, without modification of the bodies responsible [Minister of Education and Religions, responsible General Manager or General Secretary or National Agency for Certification of Qualifications and Vocational Training (Ε.Ο.Π.Π.Ε.Π.), as appropriate].
- 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..
- 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, according to the above. Alongside, the update process is abolished (licenses of law 4093/2012).
- It is defined that, eighty percent (80%) of the total income from the introduction of the fee for the approval and notification of the operation of the Tuition Centers and the Foreign Language Centers is collected in favor of EOPPEP. and twenty percent (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.
- Further, It is provided that the revenues from the ones imposed by E.O.P.P.E.P.. fines (article 15 of law 4442/2016) for infringements relating to approvals or notifications of its structures of competence, fifty percent (50%) in the state budget.
- The necessary authorizations are provided to resolve individual issues (content and supporting documents of the approval and notification procedures, method of credit transfer, scope of sanctions, etc.) and transitional power settings are introduced.
b. The provisions of par. Θ του άρθρου πρώτου του ν.4093/20212 και καθορίζεται ο χρόνος έναρξης ισχύος των προτεινόμενων ρυθμίσεων. (articles 71 – 72)
3a. Chambers are given the opportunity to provide subsidies to affected companies, especially from natural disasters, as specifically defined.
b. 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. (ν. 2963/2001) and are set, cat’ exception to the provisions for public limited companies (ν. 4548/2018), conditions for the share capital increase if the equity is negative.
d. Provision is made for the issuance of feeding orders by capital or private companies according to the more specific provisions and authorization is provided for the regulation of individual issues. (exercise of supervision, fines / penalties imposed, etc.).
e. The repealed provisions of B are mentioned’ Μέρους και τίθεται η έναρξη ισχύος του υπό ψήφιση σχεδίου νόμου. (articles 73-80)