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What changes on beaches with the new law | The 7 most important changes for the use of public property in coastal areas

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-Kostis Hatzidakis: With the protection of our beaches we are not joking! We are changing a lot this summer.
Seven important changes to improve the protection of beaches are introduced in the new law on the development of public property in coastal areas, passed by the Parliament. The new law establishes rules to protect the environment, ensure citizens’ access to beaches, improve the tourism product and safeguard the public interest.

On the occasion of the passage of the bill, the Minister of National Economy and Finance, Kostis Hatzidakis, said: “This summer a lot will change on our beaches! With the new law we are improving the protection of our beaches, we are setting stricter rules in their management and ensuring free access for citizens. At the same time, we are creating a more effective control mechanism by using new technologies (drones, satellites) to ensure that the new rules are strictly enforced.

Last summer we gave a good example and everyone understood that we are not joking about protecting our beaches. This year we will be even more effective!”

The changes

The 7 most important changes introduced by the new law are the following:

  1. A transparent electronic procedure for the auctioning of beaches is established

Starting from 2024, all auctions for the concession of parts of the seashore and beach will be conducted by the Land Service and not by the Municipalities. The process will be done digitally through an electronic platform that guarantees transparency and excludes any interference. The notice will be posted on the platform and on the website of the municipality concerned at least twenty days before the date of the auction. The details (coordinates, polygon and aerial photographs) of each concession, the duration, the terms of the concession, and the time for placing and removing the movable elements will be posted on the platform.

Concessionaires will pay a minimum price, which is derived from a mathematical formula based on the objective values of the area, a weighting factor of the activity and the weighting factor of the seashore according to the specific characteristics of the beach.

The auctions to be held this year, during the first application of the law, will be completed by 15 May. From 2025 onwards, the procedures will be completed by 31 March.

    2.Establishment of ” inaccessible beaches “

The establishment of high protection beaches (” inaccessible beaches “) located in Natura areas, for which the concession and, by extension, the placement of umbrellas, sunbeds, etc. will be prohibited.The inaccessible beaches will be defined by a joint decision of the Ministers of National Economy and Finance and Environment and Energy following a proposal of Natural Environment and Climate Change Agency and a proposal of the head of the General Directorate of Environmental Policy.

    3.Stricter rules on beach management to ensure free access for citizens

Limits are set on the beaches that will be made available for exploitation in order to ensure the passage of citizens and sufficient open spaces. In particular, at least 50% of the beach must be left free and at the same time the area of each concession may not exceed 500 square metres. Umbrella stands may occupy up to 60% of the concession area or 30% for beaches located in Natura areas that are not designated as inaccessible. There must be a distance of at least 6 metres between concessions (3 metres on each side, or 4 metres in the case of businesses operating in adjacent buildings) and the umbrella stands must be at least 4 metres from the sea.

Also, no concession is allowed when the length or width of the seashore and beach is less than 4 meters or when the total area of the seashore is less than 150 sq.m.

     4.Strict obligations introduced for those who lease beaches

Nine specific obligations are introduced in all cases, which are laid down by law but will also be included in the concession contract. In particular, the concessionaire:

α) Ensure the free, unhindered and safe passage of the public along the seashore and the beach.

b) Ensure the use of the seashore and the beach for persons with disabilities on the seashore and beaches to be provided by Ministerial Decision, by installing special platforms to accommodate them, if they have not been installed by the Municipality,

c) Restrict the development of umbrellas, sunbeds and water recreational equipment and other mobile elements in accordance with the limits set by the bill (60% of the area granted or 30% if it is a protected shore and beach) and maintain a free zone from the shoreline of at least four meters wide.

d) Keep the granted part of the shore and beach area clean on a daily basis.

ε) post a sign in a prominent place on the seashore or beach, which allows the public to have access, in an electronic way, to the identifying information of the concession, such as the coordinates, the number of the concession decision, the rights and obligations of the public and the concessionaire and the diagram of the concession.

f) Places mobile elements for the convenience of the public.

g) Ensure that the balance of the ecosystem and the morphology of the coast is maintained

η) Return the concession area to its original state at the end of the concession period and remove the movable elements during the periods specified in the concession contract.

i) Ensure the presence of a lifeguard, if this obligation is not covered by the municipality concerned

      5. The role of citizens in protecting beaches from arbitrary acts is strengthened

A digital application for mobile phones, tablets, etc. is created and made available free of charge to citizens. Each concession will correspond to a QR code, which will be posted on the website of the State Land Service of the State, on the website of the municipality concerned and on the mandatory signage of the seashore or beach that is placed at the point. Through the same application, citizens will be able to see the diagram of the section of the seashore and beach that has been granted and will be able to immediately file a complaint if they notice any arbitrary occupation or exceeding of the concession.

      6. New technologies (drones, satellites) are used for more effective controls by the state

The new law foresees that new technologies (drones, satellites) will be used to make the state’s control of beaches more effective. At the same time, an integrated control mechanism is created, with mixed control teams, made up of officials from the Ministry of National Economy and Finance, the Land Service, the Municipality, the independent public revenue authority, the Economic Police, the Greek Policy and the prosecution authorities, while mixed teams are also foreseen.

      7. Stricter penalties for those who are arbitrary and violate beach management rules

Penalties are scaled according to the gravity of the violation and in particular whether there is a contract and the concessionaire has exceeded the concession or not, in which case it is an arbitrary occupation. In any case, umbrellas and sunbeds are removed and if there are illegal structures, they are demolished.

In cases of unauthorized occupation, the business is sealed and the operation of the business in the occupied area is stopped, the area is sealed with tape and entry is prohibited as well as any economic activity in it. A fine equal to four times the minimum price of the auction and the exclusion of the offender from any procedure for the concession of the seashore and beach for five years.

If the concession has been exceeded, the penalties start with fines and escalate to a ban on participation in auctions and suspension of the business. With the changes introduced in Parliament, the framework is further tightened as the most severe sanctions (exclusion from new concessions and suspension of operation) are imposed when the excess is more than 30% of the concession (instead of 50% as originally foreseen).

For the first time, fines for obstructing free public access to the sea, the coast and the beach are introduced, ranging from €2,000 to €60,000. Criminal penalties are also provided for anyone who makes any alteration to the seashore or beach without a permit or in excess of it, or with a permit issued illegally.

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