Urgent Administrative Measures to Address the Need to Limit the Spread of Covid-19
Urgent Administrative Measures to Address the Need to Limit the Spread of Covid-19
Focusing its efforts to assure the sufficiency in means of personal protection and personal hygiene, the abovementioned Legislative Act provides a substantial package of measures in response to the coronavirus threat. The main points of this Act are the following:
I. Registration of stocks
Article 2 of the aforementioned legislative Act provides urgent measures to ensure sufficiency in means of personal protection and personal hygiene.
In particular, companies operating in the sector of production, import, marketing, sale, brokerage and distribution of medicinal products and products of personal protection and personal hygiene in the Greek territory, shall submit to the competent authority, within two days from the entry into force of this decree-law, stock data relating to surgical masks, antiseptic solutions and antiseptic wipes. The minimum of the data provided is the quantity and the location of stocks as well as the contact details of the company. The abovementioned statement shall be submitted to the website of the Ministry for Investment and Development.
It is worth mentioning that the omission to submit such statement or the submission of an inaccurate one results in the imposition of sanctions cumulatively. More precisely, the sanctions imposed are (a) seizure of the aforementioned products, insofar as they have not been declared or have been incorrectly declared and (b) an administrative fine ranging from EUR 1,000 to EUR 100,000, depending on the severity of the infringement. The competent authority for the check of the compliance to the legal framework is the General Secretariat of Commerce and Consumer’s Protection of the Ministry of Development and Investment.
The obligation prescribed applies for a period of two months from the entry into force of this decree-law and may be extended for an additional two-month period, at a time, by a decision of the Minister for Development and Investment.
In case there is still an immediate threat of appearance and spread of COVID-19, and in any event for a period not exceeding six months from the entry into force of this decree-law, emergency procurement procedures may be carried out by any contracting authority, with direct award, in derogation from any relevant provision of the existing framework for public procurement.
II. Requisition of pharmaceuticals
The requisition of movable property, consumable or not, for the combat of the spread of COVID-19 is explicitly prescribed in Article 6.
The Greek Constitution expressly states in Article 18 (3) that requisition is allowed in case of immediate social need that could endanger public order and public health. By “an emergency”, at present, is characterized the need to protect public health from the spread of this virus (COVID-19) in the Greek Territory.
The procedure of the requisition is the following. By a decision of the Ministry of Health, published in the Official Gazette, is ordered the requisition of movable property, consumable or not, owned by individuals, natural or legal persons for a time period of up to six months. These mobiles must fall under the definition of specialized hospital equipment (such as respirators for medical purposes, healthcare beds), means of personal protection (such as masks of any kind, products of personal protection and medical clothing) and medicines.
A joint decision of the Finance Minister and the Minister for Public Health provided for “compensation for use” of the equipment and “reasonable compensation” for the consumable movable property. This compensation covers the time period of the requisition and is paid on a one-off basis after its ending or every two months in case the requisition is extended beyond a two-month period. It should be noted that substantive proceedings can be brought to challenge this administrative decision before the ordinary administrative courts.
The abovementioned requisition is ordered by an individual administrative measure which is based on the decision of the Minister for Public Health and shall include the kind of products (consumable or for use), the minimum quantity per kind and the natural or legal entity against which the requisition is ordered. The sum of the quantities will be delivered to the Ministry of Public Health and by a decision of the Secretary-General of Health Services, shall be distributed to any public or private body for use or consumption, including all supervised bodies of the Ministry of Health and hospitals.
III. Procurement procedure with direct award
The Legislative Act A64/14.03.2020, in certain cases, prοvides direct award, in derogation from the provisions of the Greek Law 4412/2016 relating to public procurement. In particular, direct award may be implemented in:
- Supply of products of personal hygiene or of collective protection (Article 2 (8));
- Support in logistics, supplies and temporary staff of the call center of Line 1520 as well as support in logistics and supplies of the controlling services under the Ministry of Investments and Development (Article 3);
- Purchase of medical equipment and spare parts for ambulances (Article 7);
- Assignment of services by the National Health Organization (EODY) to third party care providers constituting private operators (diagnostic laboratories) (Article 12);
- Provision of cleaning, disinfecting and security of the buildings services for each contracting authority (Article 26);
- Supply of the necessary materials, services, software and IT equipment for the achievement of a distance working system, in accordance with Article 5 (6) of the decree-law of 11 March 2020 (Article 27);
- Assignment of services relating to communication, information of the public or any other relevant service, in order to avoid the spread of COVID-19 (Article 30).
For the aforementioned to be implemented, an immediate risk of the occurrence and spread of COVID-19 is required, the absence of which is confirmed by a decision of the Minister for Health.
IV. Postponement of the examination of pending quasi-judicial administrative appeals and suspension of their deadline
- The deadlines for lodging any kind of administrative complaint addressed to local administrative committees or other administrative bodies and services of e-EFKA are suspended until 30 April 2020 (Article 20 (2)).
- Quasi-judicial administrative appeals of Article 46 of the Greek Law 4520/2018 concerning the appeal against decisions and acts of the competent bodies of OPEKA are postponed. The deadlines for their lodge are also suspended (Article 22).
- Suspension of the operation of the Appeals Committee of the Ministry of Tourism, the establishment and responsibilities of which are expressly prescribed in Article 4 (6d) of the Greek Law 3270/2004 (Article 29).
Focusing its efforts to assure the sufficiency in means of personal protection and personal hygiene, the abovementioned Legislative Act provides a substantial package of measures in response to the coronavirus threat. The main points of this Act are the following:
I. Registration of stocks
Article 2 of the aforementioned legislative Act provides urgent measures to ensure sufficiency in means of personal protection and personal hygiene.
In particular, companies operating in the sector of production, import, marketing, sale, brokerage and distribution of medicinal products and products of personal protection and personal hygiene in the Greek territory, shall submit to the competent authority, within two days from the entry into force of this decree-law, stock data relating to surgical masks, antiseptic solutions and antiseptic wipes. The minimum of the data provided is the quantity and the location of stocks as well as the contact details of the company. The abovementioned statement shall be submitted to the website of the Ministry for Investment and Development.
It is worth mentioning that the omission to submit such statement or the submission of an inaccurate one results in the imposition of sanctions cumulatively. More precisely, the sanctions imposed are (a) seizure of the aforementioned products, insofar as they have not been declared or have been incorrectly declared and (b) an administrative fine ranging from EUR 1,000 to EUR 100,000, depending on the severity of the infringement. The competent authority for the check of the compliance to the legal framework is the General Secretariat of Commerce and Consumer’s Protection of the Ministry of Development and Investment.
The obligation prescribed applies for a period of two months from the entry into force of this decree-law and may be extended for an additional two-month period, at a time, by a decision of the Minister for Development and Investment.
In case there is still an immediate threat of appearance and spread of COVID-19, and in any event for a period not exceeding six months from the entry into force of this decree-law, emergency procurement procedures may be carried out by any contracting authority, with direct award, in derogation from any relevant provision of the existing framework for public procurement.
II. Requisition of pharmaceuticals
The requisition of movable property, consumable or not, for the combat of the spread of COVID-19 is explicitly prescribed in Article 6.
The Greek Constitution expressly states in Article 18 (3) that requisition is allowed in case of immediate social need that could endanger public order and public health. By “an emergency”, at present, is characterized the need to protect public health from the spread of this virus (COVID-19) in the Greek Territory.
The procedure of the requisition is the following. By a decision of the Ministry of Health, published in the Official Gazette, is ordered the requisition of movable property, consumable or not, owned by individuals, natural or legal persons for a time period of up to six months. These mobiles must fall under the definition of specialized hospital equipment (such as respirators for medical purposes, healthcare beds), means of personal protection (such as masks of any kind, products of personal protection and medical clothing) and medicines.
A joint decision of the Finance Minister and the Minister for Public Health provided for “compensation for use” of the equipment and “reasonable compensation” for the consumable movable property. This compensation covers the time period of the requisition and is paid on a one-off basis after its ending or every two months in case the requisition is extended beyond a two-month period. It should be noted that substantive proceedings can be brought to challenge this administrative decision before the ordinary administrative courts.
The abovementioned requisition is ordered by an individual administrative measure which is based on the decision of the Minister for Public Health and shall include the kind of products (consumable or for use), the minimum quantity per kind and the natural or legal entity against which the requisition is ordered. The sum of the quantities will be delivered to the Ministry of Public Health and by a decision of the Secretary-General of Health Services, shall be distributed to any public or private body for use or consumption, including all supervised bodies of the Ministry of Health and hospitals.
III. Procurement procedure with direct award
The Legislative Act A64/14.03.2020, in certain cases, prοvides direct award, in derogation from the provisions of the Greek Law 4412/2016 relating to public procurement. In particular, direct award may be implemented in:
- Supply of products of personal hygiene or of collective protection (Article 2 (8));
- Support in logistics, supplies and temporary staff of the call center of Line 1520 as well as support in logistics and supplies of the controlling services under the Ministry of Investments and Development (Article 3);
- Purchase of medical equipment and spare parts for ambulances (Article 7);
- Assignment of services by the National Health Organization (EODY) to third party care providers constituting private operators (diagnostic laboratories) (Article 12);
- Provision of cleaning, disinfecting and security of the buildings services for each contracting authority (Article 26);
- Supply of the necessary materials, services, software and IT equipment for the achievement of a distance working system, in accordance with Article 5 (6) of the decree-law of 11 March 2020 (Article 27);
- Assignment of services relating to communication, information of the public or any other relevant service, in order to avoid the spread of COVID-19 (Article 30).
For the aforementioned to be implemented, an immediate risk of the occurrence and spread of COVID-19 is required, the absence of which is confirmed by a decision of the Minister for Health.
IV. Postponement of the examination of pending quasi-judicial administrative appeals and suspension of their deadline
- The deadlines for lodging any kind of administrative complaint addressed to local administrative committees or other administrative bodies and services of e-EFKA are suspended until 30 April 2020 (Article 20 (2)).
- Quasi-judicial administrative appeals of Article 46 of the Greek Law 4520/2018 concerning the appeal against decisions and acts of the competent bodies of OPEKA are postponed. The deadlines for their lodge are also suspended (Article 22).
- Suspension of the operation of the Appeals Committee of the Ministry of Tourism, the establishment and responsibilities of which are expressly prescribed in Article 4 (6d) of the Greek Law 3270/2004 (Article 29).
