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GREECE
(draft 14/10)
Memorandum of Understanding
on
Specific Economic Policy Conditionality

The disbursements of financial assistance to Greece, by the European Financial
Stability Facility (EFSF), are subject to quarterly reviews of conditionality for the
duration of the arrangement. The release of the tranches is based on observance of
quantitative performance criteria and a positive evaluation of progress made with
respect to policy criteria in Council Decision 2011/734/EU of 12 July 2011 (as
amended; hereinafter the Council Decision), the memorandum of economic and
financial policies (MEFP) and in this Memorandum.
The annex on data provision is part of the Memorandum and how well it has been
respected will be considered in the assessment of compliance.
Greece commits to consult with the European Commission, the ECB and the IMF
staff on the adoption of policies falling within the scope of this Memorandum
allowing sufficient time for review. The Government publishes a quarterly report in
line with Article 4 of the Council Decision.
In line with the conclusions of the euro-area summit of 26 October 2011, the
Government will fully cooperate with the Commission, the ECB and the IMF staff
teams to strengthen the monitoring of programme implementation, and will provide
the staff teams with access to all relevant data and other information in the Greek
administration. However the ownership of the programme and all executive
responsibilities in the programme implementation remain with the Greek
Government.
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GREECE
Memorandum of Understanding
on
Specific Economic Policy Conditionality
1 Achieving sound public finances.........................................................................26
1.1 Budget implementation ...............................................................................26
2 Structural reforms with budgetary relevance......................................................26
2.1 Privatising to boost efficiency in the economy and reduce public debt.........26
1. Presenting an updated Privatisation Plan to Parliament with the 2012-
2016 MTFS............................................................................................26
2. Publishing a semi-annual update of the Asset Development Plan, which
will include a Portfolio Overview with a description of the privatisation
assets, a timeline of planned tenders and targeted total receipts for the
current and next year............................................................................26
3. Amending the Articles of Association of the HRADF (Article 16.3.) in
order to stipulate that the “due cause” required for substituting
members of the Board of Directors is defined in particular by the undue
suspension or by the intentional compromising of the objectives of the
HRADF with acts or omissions of its Board members.............................26
4. Amending Law 3986/2011 to require the publication of quarterly
reports of the HRADF on activities and financial accounts, including a
detailed profit and loss statement, a cash flow statement, and a balance
sheet, within 60 days of the end of each quarter. .................................26
Other actions to be taken include the following:...................................27
1. The Government ensures rapid adoption of necessary primary and
secondary legislation and implementation decisions, in consistency with
the required actions for a swift Privatisation Plan. All [35 government
pending actions listed in Annex XX are approved [December 2012].........27
2. The establishment of a regulatory framework for airports, the State
Lottery, ports and water companies [December 2012].............................27
3. The definition of the universal services and compensation for the postal
service [December 2012].........................................................................27



4. The launch for tender of Egnatia Motorways [December 2012].............27
1. Remaining problems in Trainose will be resolved and then Trainose will
be transferred to the HRADF for sale [March 2013]...................................27
5. Forty new real estate assets (identified as "real estate assets lots 2 and
3" in the Privatisation Plan) are transferred to the HRADF [March 2013]. .27
6. All the remaining assets in the pool of 3,150 assets that have been
preselected and pre-valued by the HRADF will be fully identified and
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described [December 2013]. A transfer of full and direct ownership of all
commercially viable assets [1,000] are transferred to the HRADF [by end-
2013]. The transfer will be done in four phases, based on concrete interim
targets of [250] real estate assets per quarter [starting in Q1 2013]........27
7. There will be no transfer or withholding of any real estate assets to
entities other than the HRADF, including municipalities and the recently
established pension fund SPV or other dedicated legal entities, nor any tax
advantages to real estate investment-related initiatives, until such time as
the assets necessary to supply the privatisation plan have been secured
[continuous].............................................................................................27
1. Upon privatisation, all statutory provisions (including on labour relations)
will be amended to fully align them with private sector law [continuous]. 28
8. In order to strengthen the transparency and accountability of the
HRADF, the HRADF will publish (i) a semi-annual update of the Asset
Development Plan, which will include a Portfolio Overview with a
description of the privatization assets and a timeline of planned tenders
and targeted total receipts for the current and next year and (ii) quarterly
reports on its steps to facilitate privatiszations, financial accounts,
including a profit and loss statement, a cash flow statement, and a balance
sheet, no later than 60 days after the conclusion of every calendar quarter.
.................................................................................................................28
Privatisation receipts since June 2011 should be at least [€1.7 billion] by
end-2012, [€5.0 billion] by end-2013, [€7.3 billion] by end-2014, [€8.5
billion] by end-2015, [€11.1 billion] by end-2016......................................28
2.2 Tax policy reform.........................................................................................28
1. The Government will prepare a tax reform that aims at simplifying the
tax system, eliminating exemptions and preferential regimes, thus
broadening bases, and allowing a gradual reduction in tax rates as revenue
performance improves. This reform relates to the personal income tax and
corporate income tax. The reform will be adopted by [December 2013] to
entry into force in 2013. ..........................................................................28
a. By October 2012, the Government will announce the full schedule of
intermediate steps — including legislative actions as well as technical
steps needed — until the new tax system becomes effective. These
intermediate steps will include public consultation and appropriate review
by the European Commission, ECB and IMF staff. ....................................28
2. By [March 2013], the Government makes fully operational a standard
procedure for revision of legal values of real estate to better align them
with market prices under the responsibility of the Directory of Capital
Taxation...................................................................................................28
2.3 Revenue administration reforms..................................................................28
a. Puts in place a mandatory administrative review procedure. The aim is
to design a mandatory administrative appeal procedure in line with
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international best practice to allow a distinct and higher level body within
the Ministry of Finance, staffed with specialists in tax dispute matters, to
re-examine tax decision taken by the DOYs or auditors before going to
court [Q2 2013]. .....................................................................................31
2.4 Public financial management reforms..........................................................32
1. The Government adopts an administrative calendar for the update of the
medium-term fiscal strategy. [March-2013]..............................................32
2. To further develop the fiscal framework the Government will, .............32
i. introduce and make operational an internal stability pact for local
governments. The necessary legislation will be adopted by end-December
2012; and ................................................................................................32
ii. establish a system to monitor budget execution for state-owned
enterprises (within the general government definition); establish monthly
budget targets and a systems of sanctions for non-observance. The
necessary legislation will be adopted by end-December 2012. ................32
3. Despite much progress in the setting-up of the commitment registries,
problems seem still to lie in the extra-budgetary funds and in the social
security sector, especially in relation to the transfer of competencies from
SSFs to EOPPY. ........................................................................................32
4. A plan for the clearance of arrears owed to suppliers by public entities
and of tax refunds is prepared and published by GAO in liaison with GSIS
(as concerns tax refunds) The conditions for a government unit to meet to
allow funds for arrears clearance to be disbursed will include: (i)
verification of arrears claims; (ii) establishment by the unit of a fully
functioning commitment register; (iii) reporting of at least three months of
consistent data on commitments, payments, and arrears; and (iv) no
spending in excess of approved appropriations for central government
units, and no new arrears accumulation for other general government
units (beyond the amount of any shortfall in programmed transfers from
their parent agency or from the central government), for three consecutive
months. We will ensure that subvented agencies which meet these
conditions can clear their arrears even if their parent agency does not
meet the conditions. We will ensure that arrears do not delay the execution
of the pharmaceutical spending clawback. The Government will ensure the
administrative capacity to make the clearance of arrears effective..........33
5. Once we achieve the clearance of all verified arrears, the Government
ensures that no new arrears are accumulated (continuous)......................33
6. The GSIS designs a risk-based assessment procedure for verification of
VAT refunds (March 2013)........................................................................33
7. To ensure independent oversight of the budget process, [the
Government/the Parliament] operationalize the parliamentary budget
office........................................................................................................33
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8. In order to ensure a timely and effective clearance of state-aid issues,
the Government creates a Central State Aid Unit responsible for screening
all measures, from across the Government, for their compliance with State
aid rules, before they are implemented. [January 2013]. The Central State
Aid Unit is the only contact point for the Commission on all State aid
matters, including for notifications. ..........................................................33
9. 9. The legal act harmonising the entrance fees for all casinos in Greece
is adopted [end-October 2012] and all necessary actions are taken to
ensure full and effective recovery of the illegal state aid from all Casinos,
including Casino Mont Parnes, is effectively implemented [end-October
2012]. ......................................................................................................33
10. All actions attributable to public authorities should be in compliance
with the rules on free movement of capital [TFEU, Article 63]. .................33
2.5 Making the public administration more efficient and effective......................34
2.5.1 Reforming the public administration......................................................34
2.5.1.1 Institutional reforms.........................................................................34
1. The assessment of the institutional setting of two pilot ministries
(Ministry of Administrative Reforms and Ministry of Environment) is
completed [October 2012]. ......................................................................34
2. The assessment of the institutional setting of all ministries is finalised
[December 2012], while the assessment of the performance of civil
servants is completed [December 2013]..................................................34
3. The first draft of the two pilot staffing plans is finalised [November
2012]; the other ministries' staffing plans are completed [January 2013].
.................................................................................................................34
4. The assessment of all public entities under Chapters A and B and all
Extra-Budgetary Funds includes detailed information on their mandate and
activities, their staffing, the level of State subsidies and their overall
budget [December 2012]..........................................................................34
5. Based on the different assessments, the Council of Reform approves the
transformation scenarios for each ministry [January 2013]. A precise
roadmap on how these structures are created must be published [two]
months after the approval of the transformation scenarios.......................34
6. The Government monitors progress on the inter-ministerial coordination,
whereby the Coordinator is appointed [November 2012] and full
implementation of the process is ensured [January 2013].........................34
7. The Government involves the Commission services with respect to the
assessment of structures and staffing linked with the implementation of
the Cohesion Policy (NSRF Operation Programmes) and will seek its
agreement when taking related decisions [continuous]............................34
2.5.1.2 Mobility scheme and human resources management.......................34
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2. The Government places [25,000] government employees in the mobility
scheme in 2013, with half of them by mid-2013. The government’s mobility
scheme, where transferred personnel can remain for up to one year with a
reduced rate of pay (substituting for severance payments), while they seek
new employment and they are re-trained, will help the transition across job
positions, if necessary towards the private sector. [Steps to be
communicated] will ensure that at least [XX] staff will be moved to the
mobility scheme.......................................................................................35
3. The law on mobility in the interest of the services between ministries is
adopted [November 2012]........................................................................35
4. Legislation is drafted on the new appointment methods of senior
managers, directors and general directors in the central administration
leading to quick deployment of competence-based nominations of civil
servants. Secretary Generals will not be politically appointed; Advisors are
considered as new hirings [November 2012]. The law is approved by
Parliament [December 2012]. ..................................................................35
b. The Government defines a human resources strategy in order to: (i)
identify the weaknesses of the public service management of human
resources; (ii) identify the best possible way to modify recruitment
procedures, appointments, trainings, as well as mobility. This strategy is
reflected legally [January 2013]. This legal action also provides a basis for
evaluating the competences of the senior management. .........................35
2.5.2 Avoiding waste and increasing quality through sound public procurement
.......................................................................................................................35
2.5.2.1 To make the Single Public Procurement Authority (SPPA) operational
....................................................................................................................35
1. By November 2012, it issues by 2012 the following implementing
legislation of Law 4013/2011 on the Single Public Procurement Authority,
providing for: ...........................................................................................35
2. Ensures that the SPPA is adequately staffed so that it fulfils its mandate,
objectives, competences and powers as defined in the implementing
regulations, of the law on the SPPA and in the Action Plan agreed with the
European Commission in November 2010. [December 2012] ..................35
3. The SPPA ensures coordination and coherence of the functioning of the
Central Purchasing Bodies, of the reform of the Greek public procurement
regulations and of the e-procurement framework with the overall public
procurement system and strategy. [Continuous] .....................................35
2.5.2.2 To increase the efficiency of procurement processes: .....................36
1. The Government moves towards more centralised procurement,
especially in the field of health procurement, services and supplies
(including civil supplies and services for defence not falling under the
scope of Directive 2009/81 on procurement in the fields of defence and
security). It also uses framework contracts and reviews the public
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procurement legislation including works, supplies and services. In
particular:.................................................................................................36
1. A plan for the development of CPBs (such as the Greek General
Secretariat for Commerce -for supplies and services- and EPY -for health
procurement-) is presented to the Commission Services by end-November
2012. The plan identifies all contracting authorities procuring supplies and
services at the Central Government level and overviews their procurement
needs, with a view to gradually increasing the share of supplies and
services procured through those CPBs. Similarly, a plan to establish CPB at
regional/local level is also submitted to the Commission services by end-
November 2012. ......................................................................................36
1. The Government submits by November 2012 to the Commission
services for evaluation two and one framework contracts used in
frequently purchased supplies or services at central government and
regional level, respectively, and mandates the relevant administration to
source via those contracts. [April Q1-2013]..............................................36
1. The Government undertakes to adopt by Q4-2013 a reform of the public
procurement system including works, supplies and services under the
coordination of the SPPA with a view to: ..................................................36
2. An Action Plan for the reform is developed in agreement with the
European Commission. [December-2012]. It will include an analysis of the
state of play (flowcharts, procedural phases, actors involved, timelines,
statistics etc.) and factors in the results of the study on the Greek public
procurement system commissioned by the EC. ........................................36
3. The drafts of all legislative and organisational measures implementing
the above-mentioned Action Plan are presented to the European
Commission in Q3-2013. .........................................................................36
2.5.2.3 To run public procurement procedures by electronic means (i.e., Eprocurement):
...........................................................................................36
1. The Government, in consultation with the European Commission, refines
the existing plan for the development of the e-procurement platform by
November 2012, including, among others, measures and deadlines for:. .36
2. In the development of the e-procurement platform, the Government
commits to: .............................................................................................37
3. The Government ensures the use of the platform as follows: ...............37
4. The Government submits to the Commission services the data of the
monitoring activities covering year 2013 against the target user levels. [1st
half of January 2014]................................................................................37
2.6 Completing the pension reform to secure sustainability...............................38
Prior to disbursement..............................................................................38
a. The age of retirement is increased by 2 years, starting from (1 January
2013) 1 December 2012. The increase is applied to the statutory
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retirement age and any other retirement age for special groups and to the
minimum requirement for getting a pension.............................................38
1. The Government finalises the implementation of the reform of the
functioning of secondary/supplementary public pension funds and ensures
the unification of all existing funds into ETEA, which are considered to be in
the domain of public sector according to ESA95 national account
definition. [Q4-2012]................................................................................38
2. The new single fund sets up in a cost effective way a computerised
system of individual pension accounts; .starting [Q1 2013] to be finalised
by [Q4-2012] ..........................................................................................38
3. The Government identifies the schemes for which lump sums paid on
retirement are out of line with contributions and adjusts the payments. A
new, actuarially neutral, formula to calculate lump sum, including a
sustainability factor to avoid any future imbalances, is designed in
consultation with the European Commission, ECB and IMF staff. [Q4-2012]
.................................................................................................................38
4. The Health Committee set up by Law 3863/2010 will produce the regular
quarterly report of its activities aimed at monitoring and revising the
disability status and ensure that disability pensions correspond to not more
than 10 percent of the overall number of pensions. [next report Q1-2013]
.................................................................................................................38
2.7 Modernising the health care system.............................................................39
2.7.1 Governance...........................................................................................39
1. To strengthen health system governance, improve health policy
coherence, reduce fragmentation in the purchasing of health services and
reduce administrative costs, the Government prior to the disbursement
finalises the concentration of all health-related decision making procedures
and responsibilities (including payroll expenditures) under the Ministry of
Health by merging all health insurance funds, without exception, into
EOPYY. .....................................................................................................39
2. From January 2013, hospital services will be purchased directly by
EOPYY through prospective budgets based on KEN-DRGs costing procedure
(and which shall include payroll costs, should be at least reported). EOPYY
ensures that the number of doctors is reduced in headcount by at least
10% by December 2012 compared to June 2012 and by a further 10% in
2013.........................................................................................................39
2.7.2 Controlling pharmaceutical spending.....................................................39
2.7.2.1 Contingency measures to deliver the overall targets........................39
1. Prior to the disbursement, if the reduction in pharmaceutical spending is
not consistent with the target, additional measures will be taken. These
can include a prescription budget for each doctor and a target on the
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average cost of prescription per patient and, if necessary, across-the-board
further cuts in prices and profit margins and increases of co-payments. ..39
2. The Government revises the co-payment structure for medicines to
exempt from co-payment only a restricted number of medicines related to
specific therapeutic treatments. [Q4-2012] .............................................39
2.7.2.2 Pricing of medicines ........................................................................39
1. The Government revises downward the price of medicines, based on the
three EU countries with the lowest prices. In addition, the government reprices
medicines now cheaper than 10 EUR, including implementing a 10%
price reduction in the prices of these medicines [quarterly update of price
list - next price list published by mid-October 2012, next by December
2012]........................................................................................................39
2. The Government applies an automatic claw-back mechanism (every six
months)quarterly rebate) to on the turnover of pharmaceutical producers
which guarantees that the outpatient pharmaceutical expenditure (EOPYY
budget) does not exceed the above targets [Continuous]. .......................40
3. Prior to the disbursement, if, for any reason, the claw-back is not able to
achieve the target, the government adopts legislation which activates
contingency measures (including e.g. a cross-the-board cut in prices). Such
measures produce equivalent amount of savings. ...................................40
4. Prior to the disbursement, the government sets, through Ministerial
decree, the new claw back threshold for 2013, based on the above
mentioned targets (2.4 billion for outpatient and 0.66 billion for hospital,
inpatient, medicines )..............................................................................40
5. Prior to the disbursement, the government repeals the current provision
of the law which hampers the collection of the rebate from pharmacies in
case of delays in payments on the part of EOPYY. ....................................40
6. The Government produces an implementation report on the impact of
the new profit margins of pharmacies by Q1-2013 and shares it with the
European Commission, ECB and IMF staff. If it is shown that this new model
to calculate profit margins does not achieve the expected result of a
reduction of profit margins down to 15%, the regressive margin will be
further revised..........................................................................................40
7. EOPYY negotiates a 5% discount through price-volume agreements on
medicines (200 medicines) [Continuous for 2013 and 2014].....................40
8. The Government extends the application of the 9% rebate on
pharmaceutical companies (which exists for outpatient and hospital
medicines) to the expensive products sold in EOPYY pharmacies
[legislation adopted by Q4-2012]..............................................................40
2.7.2.3 Prescribing and monitoring..............................................................40
1. extend the current e-prescribing to all doctors, health centres and
hospitals. E-prescribing is made compulsory and must include at least 90
percent of all medical acts covered by public funds (medicines, referrals,
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diagnostics, surgery) in outpatient both NHS facilities and providers
contracted by EOPYY and the other social security funds. [Q4-2012]; the
extension to NHS facilities will be finalised by Q2-2013............................40
2. implement the system (API) whereby pharmacies electronically register
manual prescriptions from doctors into the e-prescription application
established by IDIKA. [October 2012];......................................................40
3. continue publishing prescription guidelines/protocols for physicians, with
priority for the most expensive and/or mostly used medicines, and makes
them compulsory [Continuous];................................................................40
4. enforce the application of prescription guidelines through the eprescription
system. [Q2-2013];...............................................................40
5. further develop monitoring and control of e-prescription by introducing
ICD-10 and SPC filters in the e-prescription system [Q2-2013];.................40
6. produce detailed monthly auditing reports on the use of e-prescription in
NHS facilities and by providers contracted by EOPYY. These reports are
shared with the European Commission, ECB and IMF staff teams.
[Continuous];............................................................................................40
7. continue to provide a regular assessment of the information obtained
through the e-prescribing system. [Continuous];......................................41
8. produce detailed quarterly reports on pharmaceutical prescription and
expenditure which include information on the volume and value of
medicines, on the use of generics and the use of off-patent medicines, and
on the rebate received from pharmacies and from pharmaceutical
companies. These reports are shared with the European Commission, ECB
and IMF staff teams. [Quarterly updates];.................................................41
9. provide detailed reporting on individual prescription behaviour to each
physician relative to the average of comparable (specialty, patient
workload) physicians (both in NHS facilities and contracted by EOPYY and
other social security funds until they merge) and signals when they breach
prescription guidelines. This feedback is provided at least every month and
a yearly report is published covering: 1) the volume and value of the
doctor's prescription in comparison to their peers and in comparison to
prescription guidelines; 2) the doctor's prescription of generic medicines
vis-à-vis branded and patent medicines and 3) the prescription of
antibiotics. [Continuous];..........................................................................41
10. enforce sanctions and penalties as a follow-up to the assessment and
reporting of misconduct and conflict of interest in prescription behaviour
and non-compliance with the EOF prescription guidelines [Continuous];...41
11. Prior to the disbursement update the price list and the positive list of
reimbursed medicines notably by reimbursing only the cost effective
packages for chronic diseases, by moving medicines from the positive to
the negative and OTC lists and introducing the reference price system
developed by EOF. These lists must be updated at eleast twice a year.....41
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12. select a number of the most expensive medicines currently sold in
pharmacies, to be sold in hospitals or EOPYY pharmacies. [Q4-2012].......41
13. Implement a mechanism to reduce off-label prescription [Q4-2012]...41
2.7.2.4 Increasing use of generic medicines ................................................41
1. The Government increases the share of the generic medicines to reach
35 percent of the overall volume of medicines sold by pharmacies by end-
2012 and 60 percent by end-2013. This will be achieved by:....................41
2. The Government takes further measures to ensure that at least 50
percent of the volume of medicines used by public hospitals is made up of
generics with a price below that of similar branded products and off-patent
medicines. [Continuous]...........................................................................42
3. Government makes it compulsory for all public hospitals to procure at
least 2/3 of pharmaceutical products by active substance, using the
centralised tenders procedures developed by EPY and by enforcing
compliance with therapeutic protocols and prescription guidelines. [Q4-
2012]........................................................................................................42
4. The Government, pharmaceutical companies and physicians adopt a
code of good conduct (ethical rules and standards) regarding the
interactions between pharmaceutical industry, doctors, patients,
pharmacies and other stakeholders. This code will impose guidelines and
restrictions on promotional activities of pharmaceutical industry
representatives and will forbid any direct (monetary and non-monetary)
sponsorship of specific physicians (sponsorship should be attributed
through a common and transparent allocation method), based on
international best practice. [Q4-2012]......................................................42
5. The Government speeds up administrative and legal procedures, in line
with EU legal frameworks for the entry of cheaper generic medicines in the
positive list. [Q4-2012] ............................................................................42
2.7.3 Reviewing the provision of medical services contracted by EOPYY ........42
1. To improve the current financial situation of EOPYY and ensure that the
budgetary execution is closer to a balanced budget in 2012 and 2013, a
set of measures will be implemented prior to the disbursement, including:
.................................................................................................................42
i. restricting the benefit package;.............................................................42
ii. increasing cost-sharing for private care;...............................................43
iii. negotiating price-volume agreements and revising case-mix
agreements with private providers;..........................................................43
iv. revising the fees for and number of diagnostic and physiotherapy
services contracted by EOPYY to private providers with the aim of reducing
related costs by at least EUR 80 million in 2013. .....................................43
v. introducing a reference price system for reimbursement of medical
devices. ...................................................................................................43
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vi. progressively increasing the contributions paid by OGA members to the
average of those paid by other members of EOPYY. .................................43
2. The government starts publishing a quarterly report on the prescription
and expenditure of diagnostic tests. [quarterly updates - next report Q4-
2012] .......................................................................................................43
2.7.4 National Health System (NHS) service provision.....................................43
2.7.4.1 Reorganisation and management of the health care sector.............43
1. The plan for the reorganisation and restructuring, as set in Law 4052 /
March 2012 is implemented with a view to reducing existing inefficiencies,
utilising economies of scale and scope, and improving quality of care for
patients. This implies reducing hospital operating costs by 8 percent in
2012 and an additional 5% in 2013 and reducing beds substantially, as
legislated by MD OG1681/B (28-7-2011). This is to be achieved through:. 43
2. Produce an annual report comparing hospitals performance on the basis
of the defined set of benchmarking indicators [Continuous] ....................43
3. The Government updates a report on human resources for the whole
health care sector annually and uses it as a human resource planning
instrument. [Continuous]..........................................................................43
2.7.4.2 Accounting, control, IT and monitoring systems...............................43
1. Internal controllers are assigned to all hospitals and all hospitals adopt
commitment registers. [Q4-2012] ............................................................43
2. EOPYY publishes a monthly report with analysis and description of
detailed data on healthcare expenditure with a lag of three weeks after the
end of the respective month. This report will make possible the more
detailed monitoring of budget execution, by including both expenditure
commitments/purchases (accrual basis [Q1-2013]) and actual payments
(cash basis). The report will also (1) describe performance on the execution
of budget and accumulation of arrears, and (2) recommend remedial
actions to be taken. [Continuous] ............................................................43
3. Further measures are taken to improve the accounting, book-keeping of
medical supplies and billing systems, through: ........................................44
4. ELSTAT starts providing expenditure data in line with Eurostat, OECD
and WHO databases i.e. in line with the System of Health Accounts (joint
questionnaire collection exercise). [Q4-2012] ..........................................44
5. The programme of hospital computerisation allows for a measurement
of financial and activity data in hospital and health centres. Moreover, the
Minister of Health defines a core set of non-expenditure data (e.g. activity
indicators) in line with Eurostat, OECD and WHO health databases, which
takes account of the future roll-out of DRG (diagnostic-related groups)
schemes in hospitals. [Continuous] ..........................................................44
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6. The government starts to programme of hospital computerisation
includes the development of a system of patient electronic medical
records. [Q41-20123]...............................................................................44
7. In all NHS hospitals, the Government, with technical assistance from
experts across EU, continue piloting a set of DRGs, with a view to
developing a modern hospital costing system for contracting (on the basis
of prospective block contracts between EOPYY and NHS). DRGs include a
detailed item on costs of personnel. [Continuous]....................................44
8. An analysis will be made of how hospital accounting schemes integrate
DRGs at hospital level in view of future activity-based cost reporting and
prospective budgets payment for hospitals [Q4-2012]..............................44
2.7.5 Centralised procurement........................................................................44
1. The Government increases substantially the number of expenditure
items and therefore the share of expenditure covered by centralised
tender procedures through EPY. [Continuous]...........................................44
2. EPY will undertake a major effort to utilise tender procedures for
framework contracts for the most expensive medicines used in the
outpatient context so as to substantially reduce the price paid by EOPYY.
[Q4-2012].................................................................................................44
3. In compliance with EU procurement rules, the Government conducts the
necessary tendering procedures to implement a comprehensive and
uniform health care information system (e-health system) including the full
and integrated system of hospitals' IT systems. [Continuous] ..................44
2.8 Upgrading the education system..................................................................45
1. The Government implements the Action Plan for the improvement of the
effectiveness and efficiency of the education system and regularly reports
on the progress of its implementation including on the results of the
external evaluation of high education institutions [December 2012]. .......45
2. On higher education: the provisions of the laws 4009/2011 and
4076/2012 are fully and promptly implemented including: ......................45
3. On primary and secondary education, progress on the implementation of
the school and teacher evaluation policy including the schools' selfassessment
project is reported on a quarterly basis [as of Q1 2013]........45
3 .........................................................................................................................46
4 Strengthen labour market institutions and promoting employment ...................46
5 Creating favourable conditions for economic activity ........................................47
5.1 Promoting an efficient and competitive business environment ....................47
5.1.1 Rationalising / eliminating quasi-fiscal charges .....................................47
13
1. The Government further refines by November-2012 the list of nonreciprocating
charges in favour of third parties presented to the
Commission services in November 2011 by i) identifying beneficiaries; ii)
specifying the legal base of each contribution and iii) quantifying
contributions paid by consumers in favour of those beneficiaries.............47
2. Within the preparation of the 2013 budget, the Government ceases to
earmark and directs: ...............................................................................47
i. the 0.5 percent charge provided for in the Emergency Statute 788/48
and in Law 3883/1958 on the value of all imported merchandise in favour
of the National Technical University of Athens, the University of
Thessaloniki, the Athens Academy and for the promotion of exports. ......47
5.1.2 Reducing procedural and other administrative burden...........................47
1. To further simplify time and cost for company creation, the Government,
among others:..........................................................................................47
2. The Government takes additional measures by June 2013 at the latest,
to reduce by 50% the cost of starting a business, as measured by the
World Bank's Starting a Business sub-indicator. The results will be
monitored in the World Bank's 2014 edition of Doing Business. [Q4 2013]
.................................................................................................................48
3. To implement law 3982/2011 on the fast track licensing procedure for
technical professions, manufacturing activities and business parks and
other provisions, the Government issues the Presidential Decrees provided
for in: ......................................................................................................48
4. To implement Law 4014/2011 on environmental licensing of projects and
activities, the Government issues the Ministerial Decisions provided for in:
.................................................................................................................48
5. To simplify export and import procedures, the Government publishes a
National Trade Facilitation Strategy [October 2012] with time bound
quantitative performance indicators to streamline pre-customs and
customs procedures according to best practices and EU regulations. The
overall goal of the strategy is (i) to establish an electronic single window
for exports providing for a single entry point for exporters for all products
and destinations and (ii) to achieve 50% reduction in reduction of the
number of days and cost needed to export by Q2 Q4 20142015. .............48
In the short term, the Government:.........................................................48
6. To identify and eliminate unnecessary reporting requirements for
businesses: .............................................................................................49
i. The Government, assisted by the OECD, starts applying the Standard
Cost Model (SCM) to identify administrative burdens for businesses in 13
key sectors, with a view to reducing administrative burdens by at least 20
percent (compared with the baseline year 2008). [November 2012] ........49
ii. The sectors are the following: Agriculture and agricultural subsidies,
Annual accounts/company law, Energy, Environment, Fisheries, Food
14
safety, Pharmaceutical legislation, Public procurement, Statistics, Tax law
(VAT), Telecommunications, Tourism, Working environment/employment
relations. .................................................................................................49
iii. Following the identification of administrative burdens [by end-June
2013], the Government completes the amendments to sector specific
legislation by September 2013. ...............................................................49
7. To facilitate spatial planning including through an effective land registry,
the Government:......................................................................................49
i. adopts legislation to (i) simplify and reduce the time needed for town
planning processes [January 2013]; (ii) update [March 2013] and codify
legislation on forests, forest lands and parks [September 2014]. It also
licenses at least two disposal sites for hazardous waste [December 2012].
.................................................................................................................49
ii. completes the revision of the 12 regional spatial plans to make them
compatible with the sectoral plans on industry, tourism, aquaculture and
renewable energy. [Q4-2012]...................................................................50
iii. Accelerates the completion of the land registry, with a view to:...........50
5.1.3 Enhancing competition ..........................................................................50
1. With the help of the Hellenic Competition Commission and other sectoral
regulators, the Government will screen the restrictions in the
communications, insurance, construction materials, air transport services
(including airport services) and water transport (including seaport services)
the housing and commercial rental market sectors, and will prepare by
end-December 2012 a set of measures n action plan to promote
competition in those sectors and facilitate price flexibility........................50
2. The Government, assisted by the OECD, starts applying the Competition
Assessment Toolkit in sectors such as food processing, retail trade,
building materials and tourism to identify unnecessary restraints on market
activities and develop alternative, less restrictive measures that still
achieve government policy objectives. [November December 2012] .......50
3. Immediately upon completion of the analysis [June 20132], the
Government will prepare the legislative amendments to remove
disproportionate regulatory restrictions identified by the Competition
Assessment Toolkit, with a view to having them adopted by September
2013.........................................................................................................50
5.2 Reforming the judicial system to support economic activity ........................50
5.2.1 Review of the code of civil procedure.....................................................51
1. The Government commits to review the Code of Civil Procedure in
accordance with the roadmap defined in section 9.3 of this Memorandum,
which defines intermediate steps towards its completion by Q1-2014. ....51
5.2.2 Judicial statistics....................................................................................51
15
1. In order to facilitate the implementation of a performance and
accountability framework for courts, the Government will compile and
publish on its website the information indicated in Section 9.4 of this
Memorandum. [Quarterly] .......................................................................51
2. It also establishes an interservice group between the Ministry of Justice,
Transparency and Human Rights, the Ministry of Finance and the Hellenic
Statistical Authority to cooperate in the compilation and publication of the
data in Section 9.4 of this Memorandum and the establishment and
updating of a database with case data for each court. This cooperation
takes into consideration current and future e-justice applications.
[November Q3-2012]................................................................................51
5.2.3 Tax case backlog reduction....................................................................51
1. Following the submission of the work plan for the reduction of the
backlog of tax cases in all administrative tribunals and administrative
courts of appeal in January 2012 and its first update in July 2012, which
provides for the intermediate target for reducing the backlog by at least 80
per cent by end-December 2012 and for the full clearance of the backlog
by end-July 2013, the Government, by end-October 2012 and thereafter
once a quarter:.........................................................................................51
5.2.4 Non-tax case backlog reduction.............................................................51
1. The Government presents to the EC/IMF/ECB and publishes the study of
the backlog of non-tax cases in courts conducted jointly with an external
body of experts. [October 2012]...............................................................51
2. By end-January 2013, the Government presents to EC/IMF/ECB, based on
the above-mentioned study, an action plan with specific measures for a
reduction of such backlog of at least 50 per cent by end-July 2013...........51
5.2.5 Reorganization of the magistrates' court................................................51
1. As publicly announced, the Government adopts a Presidential Decree
providing for the rationalisation and reorganisation of the magistrates’
courts and the allocation of appropriate human resources and
infrastructure for the new structure of magistrates’ courts resulting from
this reform making the most effective use of the existing resources
available within the system. [October 2012] The Presidential Decree on the
reform of the magistrates’ courts is implemented in Q1 2013...................51
5.2.6 Development of e-justice applications in courts ....................................52
1. By end-October 2012, the Government updates, further refines and
operationalises every quarter the e-justice work plan of December 2011
and its first update of July 2012 for the use of e-registration and e-tracking
of the status of individual cases in all courts covered by the action plan of
the country and for e-filing. .....................................................................52
2. The updates will contain an evaluation to be completed by end-March
2013 of the e-filing pilot project at the Athens Court of First Instance, an
16
evaluation to be completed by end-March 2014 of the level of integration
of IT systems achieved at that time in all courts of the country, and a
timetable with proposed deadlines regarding the extension of eregistration
and e-tracking to all courts by end-2015. The Government
ensures consistency of the e-Justice action plan with the e-government
strategy. .................................................................................................52
5.2.7 Promotion of pre-trial conciliation, and mediation, and arbitration........52
1. By end-October 2012, the Government develops its strategy on the
active promotion of pre-trial conciliation, mediation, and arbitration, with a
view to ensuring that a significant amount of citizens and businesses make
use of these modes of alternative dispute resolution. In order to implement
this strategy, the Government, inter alia, applies to obtain funding under
the Operational Programme ‘Human Resource Development’ by end–
November 2012. ......................................................................................52
2. By end-September 2013, the Government conducts an assessment of
whether the enactment of Law 3898/2010 on mediation in civil and
commercial matters has delivered the results which the legislation
intended to achieve, and presents data and analysis concerning costs, time
and success rates associated with the enforcement of agreements arising
from alternative dispute resolution as compared with the enforcement of
judicial decisions. ....................................................................................52
3. By end-December 2013, the Government presents a legislative proposal
for the effective opening of the mediator’s profession to non-lawyers......52
5.2.8 Other measures on judicial reform.........................................................52
1. Assessment of the Law on fair trial and and mediationconciliation
(4055/2012): The Government conducts an assessment whether the
enactment of Law 4055/12 has delivered the results which the legislation
intended to achieve, in particular as regards civil courts, improved case
processing in multi-member first instance courts, the speeding-up of the
issue of provisional measures, the strengthening of the institution of
‘voluntary jurisdiction’ in certain matters at the level of the magistrates’
courts and efficiency gains in enforcement proceedings, and as regards
administrative courts, the strengthening and general application of pilot
proceedings in the Council of State and the speeding-up of the issue of
provisional measures. [Q4 2012] .............................................................52
2. Administrative review of cases: The Government prepares, in
accordance with Law 4048/2012 on better regulation, draft legislation
providing for, where appropriate, a compulsory administrative review
before an independent committee before a case may be brought before
the administrative courts and submits it to the Greek Parliament. [Q2-
2013] .....................................................................................................52
3. Study on household and corporate insolvency: taking into account the
statistics to be prepared by end-September October 2012 on corporate
insolvency cases, the Government evaluates existing law and practice in
17
this area and prepares a paper assessing the areas for improvement to
bring the Greek insolvency law and practice in line with international best
practices with a focus on:.........................................................................52
4. Study on the costs of civil litigation: the Government launches a study
on the costs of civil litigation, its recent increase and its effects on
workload of civil courts, together with recommendations. [Q2-2013]........53
6 Efficient Network Industries and Services..........................................................54
6.1 Energy policy...............................................................................................54
6.1.1 Unbundling effectively network activities from supply activitiess...........54
The Government announces by end-October 2012 the ownership
unbundling of ADMIE and transfers at least 51% of the shares to the
HRADF. The sale of ADMIE shall not lead to the reintegration of ADMIE in a
vertically integrated company..................................................................54
1. Legislation is passed providing for the details of the ITO-option for the
gas TSO. [end-NovemberOctober 2012]....................................................54
2. DESFA applies for certification to RAE. [Q4 2012] ................................54
3. The unbundled gas TSO is certified by the Greek energy regulator.
[Q4Q1 -2012 2013 or prior to the clearance of the privatisation of DEPA,
whichever date comes earlier]..................................................................54
6.1.2 Provisions regarding the privatisation of PPC and DESFA:.......................54
1. The Government submits a plan for the restructuring of PPC with a view
to preparing the company for privatisation and to allowing PPC to be
competitive with other firms in a liberalised electricity market. The plan
shall specify which parts of PPC should be privatised and within which
timeframe. The plan shall also include provisions for the divestment of
lignite-fired and hydro electricity generation capacity currently managed
by PPC and evaluate the possibility of ownership unbundling of ADMIE.
[November 2012].....................................................................................54
2. In the context of the privatisation of PPC, the Government submits a
plan with deadlines for divestment of lignite-fired and hydro electricity
generation capacity currently managed by PPC. [October 2012]..............54
3. The Government takes the necessary steps to sell hydro and lignite fired
capacity by end-September 2013. Investors should be given the possibility
of buying these assets separately or jointly. ............................................54
4. The Government undertakes that whichever the outcome of the
privatisation process the gas industry and electricity industry structure will
be fully compliant with Directive 2009/73/EC and 2009/72/EC. [Continuous]
.................................................................................................................54
6.1.3 Ensuring that electricity prices reflect costs...........................................54
18
1. The Government takes measures for the gradual phasing out of
regulated electricity prices for all but vulnerable customers by June 2013.
In this respect: .........................................................................................54
2. In addition, the Government assesses best practices with a view to
charging royalties for the use of hydro and lignite. [Q1 2013]..................55
3. To evaluate the incumbent electricity company's operating costs the
Government submits to the EC/IMF/ECB and publishes a study by a
specialist of European standing to compare PPC worker's remuneration
with best-practice European electricity companies, by comparable job
assignments and productivity per employee. Remuneration and promotion
schemes also to be assessed against practices in private Greek companies.
[Q4 November 2012]................................................................................55
6.1.4 Improving the collection of electricity bills and implementing smart
metering systems ..........................................................................................55
6.1.5 The Government: .................................................................................55
1. The Government ensures that PPC changes to monthly collection of
electricity bills, either by shifting to monthly billing or by introducing
intermediate monthly instalments within the existing billing period. [end-
December 2012] ......................................................................................55
2. issues a Ministerial Decision, based on the advice of RAE, on the largescale
replacement of existing systems with smart metering systems and
explores assistance from EU structural funds and/or the EIB to conduct this
strategic investment. [end-December 2012].............................................55
6.1.6 Providing for a financially sustainable development of renewable energy
sources...........................................................................................................55
1. Ensures that from October January 20132 onwards, LAGIE publishes
monthly data on the evolution of the RES account with projections
throughout 2013. [Monthly]......................................................................55
2. Caps temporarily [Q1 2013] new connections of rooftop PV systems
andTakes measures to reduce the accumulation of licences issued but not
implemented within a reasonable time frame cancels all unused licenses
for any renewable energy installation that have passed the investment
deadline. [November 2012] .....................................................................55
3. Adjusts the RES levy every six months [January and July 2013] to
eliminate the projected RES account debt by end-December 2013. .........55
To achieve a long-lasting reform of renewable support schemes, the
Government:............................................................................................55
4. Submits to the Commission services a detailed plan for the reform of the
renewable energy support schemes such that they are more compatible
with market developments and are subject to budgetary discipline.
[FebruaryQ4 Q4-201232] The reform should look into: ............................56
19
6. Adopts the reform of the renewable energy support schemes as
specified in paragraph 4. [Q2 2013]..........................................................56
6.1.7 Planning the development of the electricity market in the medium to long
term................................................................................................................56
1. A detailed plan and roadmap to change the market model is presented
to the Commission services, including measures to have effective
competition in generation and supply, the development of a power
exchange, introducing an intra-day market and implementing market
coupling with neighbouring markets. [end-December 2012] ....................56
1. The study also presents a time bound roadmap and estimation of costs
of connecting Crete to mainland Greece. [end-December 2012]...............56
6.1.8 Fuel distribution.....................................................................................56
1. To facilitate the import and trade of oil and oil products, in the
transposition of Directive 2009/119, the Government creates the
framework for setting up of a Central Stockholding Entity (CSE), within the
meaning of the Directive. In addition, the transposition law will grant
economic operators, on which it imposes stockholding obligations, the right
of delegation of such obligations with: .....................................................56
2. To eliminate restrictions on public and private use trucks for fuel
distribution:..............................................................................................56
3. To improve monitoring systems, prevent illegal trade and tax evasion in
fuel distribution, the Government, prior to the disbursement: ..................57
a. issues technical specifications and next steps for the implementation of
the input-output measurement system in all fuel stations;.......................57
6.2 Electronic communications...........................................................................57
1. Regarding the release of Digital Dividend, the Government (and/or EETT)
undertakes to: .........................................................................................57
6.3 Transport.....................................................................................................58
6.3.1 Road......................................................................................................58
1. The Government adopts [October 2012] all necessary measures to: . . .58
2. After having completed the report on the functioning of the regular
passenger services, the Government: ......................................................58
i. defines a follow up strategy for the effective opening of the sector in line
with state aid rules and EU Legislation on awarding contracts of passenger
transport services, while ensuring continuity of service provision and
identifying concrete options for public transportation in remote areas
[December 2012].....................................................................................58
ii. implements the required law (and necessary acts) that ensures equal
conditions and access equity to all road passenger service operators
[March 2013]............................................................................................59
20
6.3.2 Maritime Activities and Ports..................................................................59
1. The Government launches [October 2012]:..........................................59
2. Following the first submitted version of the port national strategy, the
Government adopts a five-year port national strategy that ensures
connectivity of ports with the overall transport network, specifying
concrete projects, deadlines for implementation and a financial plan. The
strategy will be coherent with TEN-T priorities and principles, such as the
smooth operation of the internal market, the mobility of persons and goods
and the economic, social and territorial cohesion of the European Union,
the efficient use of the assigned Structural and Cohesion Funds and in line
with State aid rules. [December 2012]. ....................................................59
3. In alignment with the new ports strategy and organisational model for
ports, the Privatisation Fund (HRADF) defines a concrete privatisation
strategy mainly through concessions with the objective of making the best
use of the ports [February 2013] and launches the appropriate call(s) for
tender [March 2013]. ...............................................................................59
4. The Government revises the legal framework governing both port labour
relations and the administrative functioning of ports and sends a draft
proposal to the Commission services (see Annex 9.5 for a non-exhaustive
list of labour regulations for ports) [December 2012]. This revision
complies with the EU social acquis and provides, among others, for the
training and certification of cargo-handling employees, and defines a
competitive model for ports and terminal operators. The new legal
framework is adopted [March 2013]. .......................................................59
5. The Government examines compatibility with Community legislation and
amends as necessary provisions concerning Piraeus Port (OLP) and
Thessaloniki Port (OLTH), in particular [December 2012]: ........................59
6.3.3 Aviation..................................................................................................59
6.3.4 Railways.................................................................................................60
1. The Government spins-off ROSCO (Maintenance Unit), GAIOSE (Real
Estate), transfers the leasing of the rolling stock activities from the OSE
Group to the State, and provides an updated TRAINOSE Business Plan.
[November 2012].....................................................................................60
6.4 The Retail Sector..........................................................................................60
1. applies the same standards for transporting perishable goods to privateuse
trucks as those applicable to privatepublic-used trucks. [Q4October
2012]........................................................................................................60
2. carries out a proportionality analysis of the restrictions applied on
outdoor / ambulant trade for social policy criteria. [NovemberQ4 -2012] . 61
3. completes the revision of Ministerial Decision A2-3391/2009 on market
regulations and submits it to the Commission services, in accordance with
the notification procedure provided for in Directive 98/34. [October 2012]
21
Following the notification period, tThe revised Ministerial Decision on
market regulations is adopted one month after the reply from the
Commission services, following the completion of the notification
process.in January 2013. ..........................................................................61
4. reviews and amends the Market Policing Code (Law 136 /1946) providing
for various forms of public sector intervention in the production,
distribution and consumption of goods in line with the simplifying
recommendations of the Hellenic Competition Commission's opinion no.
24/VII/2012. [JanuaryDecember 20122013]..............................................61
6.5 Regulated professions, professional qualifications and provision of services 61
6.5.1 Removing restrictions to the access to and exercise of regulated
professions ...................................................................................................61
1. Prior to the disbursement, the Government screens and makes the
necessary amendsments sector specific legislation to lift the restrictions in
the ensure that the regulatory framework (e.g., laws, presidential decrees,
ministerial decisions, circulars) of the professions and economic activities
listed in Section 9.2.1 of this Memorandumis fully in line with chapter A of
law 3919/2011, applicable EU legislation, competition principles and the
opinions (whenever applicable) of the Hellenic Competition Commission
(HCC). A non-exhaustive list of unnecessary restrictions applied to the
professions / economic activities can also be found in Section 9.2.2 9.2.1.
.................................................................................................................61
2. For professions and economic activities included in Section 9.2.19.2.2,
the Government prepares draft provisions in October November 2012
amending sector specific legislation as per the opinions of the Hellenic
Competition Commission. The legislation also clarifies the scope of law
3919/2011 and is adopted by end-December 2012. .................................61
3. A report on the implementation of Law 3919/2011 is published on the
Government's website [OctoberNovember-2012], including: ...................61
4. To reinforce transparency in the functioning of professional bodies:
Legislation is adopted mandating the publication on the webpage of each
professional association the following information: ..................................61
5. To de-link minimum fees for professional services from taxation and
contributions to social security funds and professional associations: ......62
6. To assess the proportionality and justification of activities reserved to
specific regulated professions:..................................................................62
7. Additional measures: ...........................................................................62
6.5.2 Easing the recognition of professional qualifications .............................63
1. Measures are taken to ensure the effective implementation of EU rules
on the recognition of professional qualifications; including compliance with
ECJ rulings (inter alia, related to franchised diplomas). In particular, the
Government:............................................................................................63
22
a. continues to update the information on the number of pending
applications for the recognition of professional qualifications, and sends it
to the European Commission. [Quarterly].................................................63
2. adopts legislation to i) remove the prohibition to recognise the
qualifications derived from franchised degrees to access or exercise an
economic activity and to ii) ensure that holders of franchised degrees from
other Member States have the right to work in Greece under the same
conditions as holders of Greek degrees. [October November 2012] .........63
6.5.3 Services Directive: exploiting the information benefits of the Point of
Single Contact................................................................................................63
The Government ensures:.......................................................................63
a. that the Point of Single Contact (PSC) is fully operational in all sectors
covered by the Services Directive; . [Q4-2012].........................................63
b. that the PSC distinguishes between procedures applicable to service
providers established in Greece and those applicable to cross-border
providers (in particular for the regulated professions); ). [Q4-2012]..........63
c. that there is adequate connection between the PSC and other relevant
authorities (including one-stop shops, professional associations and the
recognition of professional qualifications) and that the submission of online
applications as regards the recognition of professional qualifications is
fully operational. [Q4-2012]......................................................................63
7 Increasing the impact of structural and cohesion funds......................................64
1. The Government meets targets for payment claims and major projects in
the absorption of EU structural and cohesion funds set down in the table
below. Compliance with the targets shall be measured by certified data.
[Q4 2012].................................................................................................64
2. In deciding the "Public Investment Budget" allocation, the Government
ensures that the necessary national contribution remains available in order
to complete the unfinished ERDF, ESF and Cohesion Fund projects of the
2000-2006 programming period and to cover the required national
contribution including non-eligible expenditure under the Structural Funds
and Cohesion Fund rules in the framework of the 2007-2013 programming
period.......................................................................................................64
3. The Government continues to monitor on a quarterly basis the
implementation of the priority projects, certain of which — as the
functional review of the public administration, the "Elenxis" project for the
tax control services, the land register, the solid waste management
infrastructures, the railway projects, the e-prescription, the e-procurement,
the development of a social economy sector and the national registry —
are critical for the development of the country. For priority projects in
delay, a monitoring system should be put in placea method for closer
monitoring should be agreed [Q4 2012] in order to allow the adoption of
23
the necessary measures on time. The priority projects should be completed
by the end of 2015...................................................................................64
4. Support to SMEs managed at central and regional level is targeted to
directly contribute to the development of the economy and the creation of
sustainable employment, in particular for young people. Guidelines are
issued for the definition of the conditions of granting state aid and its
monitoring. [Q4 2012]..............................................................................64
5. Legislation is adopted, and immediately implemented, to shorten
deadlines and simplify procedures on contract award. [Q1 2013].............64
6. The monitoring tool for expropriations is completed and operational and
data are made accessible to the public. [Q1 2013] ..................................64
7. Following the simplification initiative launched in May 2010 the
Government takes measures to speed up absorption, accelerate payments
to beneficiaries and simplify the management and project implementation
on the basis of issues raised by the Commission and any other additional
issues which may be proposed. In particular, the Government reviews the
"sleeping" projects, un-activated delegations and sleeping contracts and
informs the Commission on those eliminated [Q4 2012]. Similar exercises
are periodically repeated until the expiry of the programming period. .....65
8. The Government adopts measures and starts implementing an antifraud
strategy in the field of the Structural Funds and the Cohesion Fund
[Q21 2013]. The Government establishes an efficient inter-service
consultation procedure supported by an electronic system. For this, an
integrated project will be set up and implemented with the exploitation of
the existing infrastructure [Q1 2013]. .....................................................65
8 Monitoring and Technical assistance .................................................................66
8.1 Statistics......................................................................................................66
d. TECHNICAL ASSISTANCE.......................................................................66
9 Annexes ............................................................................................................68
9.1 List of government pending actions related to the privatisation plan............68
9.2 Regulated professions .................................................................................68
9.2.1 List no. 1: list of non-exhaustive set of restrictions on selected regulated
professions to be repealed prior to the next disbursement..............................68
9.2.2 List no. 2: regulated professions / economic activities whose regulatory
framework needs to be adjusted in line with to applicable opinions of the
Hellenic Competition Commission ..................................................................69
9.3 Agreed roadmap between the Greek Ministry of Justice and the EC/IMF/ECB
for the review of the code of Civil Procedure .....................................................70
9.4 Statistics to be published by the Ministry of Justice or Ministry of Finance ...72
24
9.5 Non-exhaustive list of regulations on port work for review under the new port
strategy ............................................................................................................73
25
1 Achieving sound public finances
1.1 Budget implementation
[tbc]
2 Structural reforms with budgetary relevance
2.1 Privatising to boost efficiency in the economy and
reduce public debt
The privatisation of public companies contributes to the reduction of public debt, as well as to the
reduction of subsidies, other transfers or state guarantees to state-owned enterprises. It also aims at
increasing the efficiency of companies and, by extension, the competitiveness of the economy as a
whole, while attracting foreign direct investment. This is why the Greek authorities have committed to
proceed swiftly and efficiently with the Privatisation Plan, with the aim of collecting EUR 50 billion,
even if the sale of assets goes beyond the duration of the Economic Adjustment Programme. Within
this context, the Government is committed to insulate the privatisation process from political
pressures.
In line with the national policy goals, the population will have access to basic public goods (water,
gas, electricity) and infrastructure deemed in the national interest, provided that it is in compliance
with the EU Treaty and the appropriate secondary legislation rules.
Prior to disbursement, the Government:
1. Strengthens the institutional framework for privatisation by:
1. Presenting an updated Privatisation Plan to Parliament with the 2012-
2016 MTFS.
2. Publishing a semi-annual update of the Asset Development Plan, which
will include a Portfolio Overview with a description of the privatisation
assets, a timeline of planned tenders and targeted total receipts for the
current and next year.
3. Amending the Articles of Association of the HRADF (Article 16.3.) in
order to stipulate that the “due cause” required for substituting members
of the Board of Directors is defined in particular by the undue suspension
or by the intentional compromising of the objectives of the HRADF with
acts or omissions of its Board members.
4. Amending Law 3986/2011 to require the publication of quarterly reports
of the HRADF on activities and financial accounts, including a detailed
profit and loss statement, a cash flow statement, and a balance sheet,
within 60 days of the end of each quarter.
2. Transfers ownership of assets to the HRADF by:
a. Transferring to the portfolio of
privatisation assets of the HRADF the full and direct ownership (shares or concession rights)
of: Egnatia Motorway, , and the regional ports of Elefsina, Lavrio, Igoumenitsa,
Alexandropolis, Volos, Kavala, Corfu, Patras, Heraklion, and Rafina.
26
b. Signing the contract between HRADF
and the Ministry of Finance for the use of the voting rights for ELVO.
c. Issuing an Inter-Ministerial Decision
that secures that the proceeds of the sales of the Digital Dividends are transferred to the
HRADF.
d. Having the line ministries and other
relevant entities providing the General Secretariat for Public Property with full access to the
inventory of all real estate assets owned by the State.
3. Eliminates the legal obstacles for the sale of assets by:
a. Amending/repealing statutory provisions of companies that diverge from private company law
(PPC, OLP and OLTH port authorities, HELPE, EYATH and EYDAP, ports, etc.), regarding
any restrictions on voting rights of private shareholders
b. Launching the process to obtain the zoning and land planning permits (ESCHADA), i.e.,
submit the environmental and zoning study for Afantou and Kassiopi.
4. Launching tenders for the appointment of advisors by:
a. Being consistent with the existing procurement rules, for EAS, ELVO, South Kavala Natural
Gas, Trainose.
Other actions to be taken include the following:
1. The Government ensures rapid adoption of necessary primary and secondary
legislation and implementation decisions, in consistency with the required
actions for a swift Privatisation Plan. All [35 government pending actions
listed in Annex XX are approved [December 2012].
2. The establishment of a regulatory framework for airports, the State Lottery, ports and
water companies [December 2012].
3. The definition of the universal services and compensation for the postal service
[December 2012].
4. The launch for tender of Egnatia Motorways [December 2012].
1. Remaining problems in Trainose will be resolved and then Trainose will be
transferred to the HRADF for sale [March 2013].
5. Forty new real estate assets (identified as "real estate assets lots 2 and 3" in the
Privatisation Plan) are transferred to the HRADF [March 2013].
6. All the remaining assets in the pool of 3,150 assets that have been preselected and prevalued
by the HRADF will be fully identified and described [December 2013]. A transfer
of full and direct ownership of all commercially viable assets [1,000] are transferred to the
HRADF [by end-2013]. The transfer will be done in four phases, based on concrete
interim targets of [250] real estate assets per quarter [starting in Q1 2013].
7. There will be no transfer or withholding of any real estate assets to entities other than the
HRADF, including municipalities and the recently established pension fund SPV or other
dedicated legal entities, nor any tax advantages to real estate investment-related initiatives,
until such time as the assets necessary to supply the privatisation plan have been secured
[continuous].
27
1. Upon privatisation, all statutory provisions (including on labour relations) will
be amended to fully align them with private sector law [continuous].
8. In order to strengthen the transparency and accountability of the HRADF, the HRADF
will publish (i) a semi-annual update of the Asset Development Plan, which will include a
Portfolio Overview with a description of the privatization assets and a timeline of planned
tenders and targeted total receipts for the current and next year and (ii) quarterly reports on
its steps to facilitate privatiszations, financial accounts, including a profit and loss
statement, a cash flow statement, and a balance sheet, no later than 60 days after the
conclusion of every calendar quarter.
Privatisation receipts since June 2011 should be at least [€1.7 billion] by end-2012, [€5.0 billion]
by end-2013, [€7.3 billion] by end-2014, [€8.5 billion] by end-2015, [€11.1 billion] by end-2016.
2.2 Tax policy reform
1. The Government will prepare a tax reform that aims at simplifying the tax system,
eliminating exemptions and preferential regimes, thus broadening bases, and allowing a
gradual reduction in tax rates as revenue performance improves. This reform relates to the
personal income tax and corporate income tax. The reform will be adopted by [December
2013] to entry into force in 2013.
a. By October 2012, the Government will announce the full schedule of intermediate
steps — including legislative actions as well as technical steps needed — until the new tax
system becomes effective. These intermediate steps will include public consultation and
appropriate review by the European Commission, ECB and IMF staff.
2. By [March 2013], the Government makes fully operational a standard procedure for
revision of legal values of real estate to better align them with market prices under the
responsibility of the Directory of Capital Taxation.
2.3 Revenue administration reforms
Progress in the tax administration area has stalled in the last months due to the vacuum of power
before last elections. Revenue collection continues to fall short of expectations in spite of intensive
technical support provided, of reforms in tax administration already implemented and of efforts made
so far against tax evasion and corruption.
Quick actions could bring the situation back on track. A clear and focused reform programme to be
undertaken in the coming months must address all the weaknesses in the existing system.
The current institutional framework is unable to cope with the complexities and needs of an evolving
economy. The Government will reform the current system to ensure more autonomy for the tax
administration department, especially for day-to-day operations, while leaving policy matters to the
hands of the Government. Such a framework would be in line with that in many other OECD and EU
economies. The reform can be undertaken in a gradual way after assessing carefully the impact of each
step undertaken.
· The re-organisation of tax offices must take place to increase the efficiency of audits and tax
collection, by creating specialised units to deal with specific taxpayer groups (e.g., large taxpayer
unit, high wealth individual unit, and large debtor unit), regrouping local offices into
more efficient offices, and tackling potential corruption.
28
· Methods must be improved to focus audits on substantial issues in order to detect tax evasion
and not on mere observance of formal rules. This implies the replacement of the Code of
Books and Records by a more modern and substantially simpler set of rules for tax record
keeping. A new single tax procedure code will be created. Additionally, compulsory auditing
of all tax declaration should be abolished, and efforts concentrated on high yield audits,
targeted in using risk assessment techniques. .
· Collection of taxes should be reinforced. At the local level, groups of specialized and
dedicated staff will be put into place in larger DOYs. Besides, rules to write-off noncollectable
debts in line with international best practice have to be introduced.
· The management will be improved, under the leadership of a new Secretary General with
increased powers. Managers and auditors should be subject to performance targets and regular
assessment. The Secretary General must have the capacity to replace non-performing
managers and auditors. Besides, the regular rotation of managers has to become a rule.
· Fighting tax evasion and corruption is a priority in this effort. Progress made so far did rely on
useful but piecemeal measures. Fight against corruption, especially in the tax sector, must use
new tools, making full use of the will of the people to fight it.
· The current administrative review process has to be replaced by a cost effective compulsory
pre-settlement administrative procedure, in order to significantly reduce the number of
unnecessary tax litigation, so as to lighten the burden of courts and ensure a timely settlement
of the cases.
The Government will take a series of actions.
With the aim of strengthening fiscal institution as part of the reform programme, the Government,
prior to the disbursement:
a. Adopts legislation to define the role and qualifications of the Secretary
General. Concerning qualifications, this will be a person with senior management
experience, expertise in tax matters, and an impeccable reputation (including a
strong tax compliance history).
b. Adopts interim legislation, and the Minister of Finance will use this to delegate
decision making powers to the Secretary General. These powers will include the
competence to make operational decisions, direct and control local offices, manage
human resources, replace underperforming senior managers, manage the budget of
the tax administration, and manage all information with due confidentiality;
c. adopts legislation to deploy experienced tax auditors towards activities serving
the immediate revenue imperative, making fully operational key enforcement areas
as the large taxpayer unit by transferring 100 auditors, establishing one functional
unit for high-wealth individuals and high-income self-employed and staffing the unit
with 50 experienced tax auditors directly accountable to the Secretary General of
the tax administration;
d. Establishes procedures for the rotation of managers on a periodic basis.
Other Actions
The Government undertakes the following reforms:
29
1.1.1Organization
1. Appoints a new Secretary General of the tax administration [date];
2. Adopts legislation to establish a significantly more autonomous tax administration and
specify the degree of autonomy, governance framework, accountability, legal powers of the
head of the administration and initial staffing of the organization by [February 2013]. In
March 2013 the new agency will become operational;
3. Continues to centralise and merge local tax offices leaving about 90 functioning offices
[June 2013];
1.1.2 Fight against tax evasion, money laundering and corruption
1. Replaces the Code of Books and Records by significantly simpler legislation in line with
international standards; [December 2012];
2. Steps up the hiring procedure and simplifies the reassessment process of the tax auditors
with the objective to achieve the target of 2 000 tax auditors fully operational by [June
2013];
3. Introduces twice yearly performance assessments for tax auditors [December 2012];
4. Issue an administrative circular to enhance targeted auditing based on risk assessment
techniques (December 2012).
5. Abolish the requirement that that all tax declarations for the previous 10 years must be
audited while retaining the right to continue to audit earlier years and the discretion to audit
any amount of declarations from these earlier years [January 2013].
6. Prepares and makes public a fully-fledged anti-corruption plan for the civil service,
including special provisions for the tax and customs administration [February 2013]
7. Adopts legislation in order to introduce a modern code of conduct concerning conflicts of
interests and declaration of interests and a system for protecting whistle-blowers who report
corruption [March 2013];
8. Appoints a national coordinator for anti-corruption action [April 2013];
9. Enacts the appropriate legal framework to create a secure direct or indirect central register
of bank accounts [December 2012];
10. Requires that all Ministries which have a fiscal relationship with taxpayers utilize their
identification number for financial transactions with them [June 2013].
11. Introduces a central agency to consolidate and link all of the different identification
numbers now employed across various government agencies [June 2014];
1.1.3 Tax and revenue collection
1. Establishes specialist debt management units in larger local tax offices and allocating at
least 10 percent of local staff to this function [December-2012];
2. Completes the review of the policy and procedures to write off tax debts to facilitate
actively managing tax debt with real prospect of collection [December 2012];
30
3. Replaces payments in cash and cheque in tax offices with bank transfers, to discourage
corruption and free up staff time for higher value added work (audit, collection enforcement
and taxpayer advice); [December 2012];
4. Commits not to adopt new tax amnesties, or extend existing amnesties for the collection of
taxes and social contributions during the years covered by the economic adjustment
programme (continuous);
5. Integrates the collection of social security contributions into the tax
administration [March 2014].
1.1.4 Tax dispute
a. Puts in place a mandatory administrative review procedure.
The aim is to design a mandatory administrative appeal
procedure in line with international best practice to allow a
distinct and higher level body within the Ministry of Finance,
staffed with specialists in tax dispute matters, to re-examine
tax decision taken by the DOYs or auditors before going to
court [Q2 2013].
2. Adopts legislation so as to make payment of half of the disputed tax mandatory if judicial
review is sought after having exhausted the administrative appeal procedure. Derogation
from this mandatory payment may only be made in cases of extreme consequences for the
taxpayer such as putting his economic activity in obvious peril or when obvious doubts
about legality of the attacked decision exist (Q2 2013).
1.1.5Management of the State Revenue Service
1. Replaces managers who do not meet performance targets [continuous];
2. Launches an easily accessible website to enforce accountability to the public through
publication of summary statistics on key performance indicators, the number of tax evasion
cases sent to the FIU and to prosecution by the tax administration [December 2012].
1.1.6 Tools
1. Adopts a new Single Tax Procedures Code [June 2013]. This code should aim to reduce the
costs of administration and compliance and will incorporate procedural reforms in all major
administrative areas that are necessary to support modern tax administration (e.g., tax filing,
audit and penalties, enforcement powers and debt collection). It will also incorporate a new
streamlined administrative dispute resolution process.
2. Puts in place a new IT system that interconnects all tax offices[ March 2013]
3. The preparation of the new IT system involves the following main steps in relation to the
new data centre, web-facing and back-office applications:
i. 20 more new electronic services and enhancements [December 2012]. These
concern mainly taxes withheld at source;
ii. 8 remaining new electronic services and enhancements by [December 2012].
These concern forms filed late with a fine, real-estate tax, and VAT administration;
31
iii. system and user tests, user training, and migration of all tax offices to the
centralized database: [December 2012];
iv. operational use of the new IT infrastructure by all tax offices: March
2013.
2.4 Public financial management reforms
Developing a solid public financial management framework is key in controlling expenditures and
thus being able to achieve fiscal targets. The Government is committed to enact reforms for
strengthening the framework both within the GAO and line ministries.
Prior to the next disbursement the Government will,
a. adopt the 2013-16 Medium term fiscal strategy
b. ensure that EOPYY reports for at least two consecutive months (retroactive
reports included) from its commitment register through the e-portal.
Further actions include:
1. The Government adopts an administrative calendar for the update of the medium-term fiscal
strategy. [March-2013]
2. To further develop the fiscal framework the Government will,
i. introduce and make operational an internal stability pact for local
governments. The necessary legislation will be adopted by end-December 2012; and
ii. establish a system to monitor budget execution for state-owned enterprises
(within the general government definition); establish monthly budget targets and a
systems of sanctions for non-observance. The necessary legislation will be adopted by
end-December 2012.
3. Despite much progress in the setting-up of the commitment registries, problems seem still to
lie in the extra-budgetary funds and in the social security sector, especially in relation to the
transfer of competencies from SSFs to EOPPY.
i. By [end-2012], Government will ensure that commitment registers are
in operation in 90 per cent of general government entities.
ii. Government will also monitor the effectiveness of the commitment
registers by conducting regular targeted inspections in the public entities
covered by the system [continuous].
iii. The Government will enforce the obligation of accounting officers to
report commitments, including by enacting sanctions to entities not submitting
needed data, though disciplinary action for accounting officers, and by
strengthening the role of GAO in providing support and guidance to
Accounting Officers
iv. The Government starts to monitor and to report monthly EOPYY
budget execution with one month of delay [end-December 2012]
32
4. A plan for the clearance of arrears owed to suppliers by public entities and of tax refunds is
prepared and published by GAO in liaison with GSIS (as concerns tax refunds) The
conditions for a government unit to meet to allow funds for arrears clearance to be disbursed
will include: (i) verification of arrears claims; (ii) establishment by the unit of a fully
functioning commitment register; (iii) reporting of at least three months of consistent data
on commitments, payments, and arrears; and (iv) no spending in excess of approved
appropriations for central government units, and no new arrears accumulation for other
general government units (beyond the amount of any shortfall in programmed transfers
from their parent agency or from the central government), for three consecutive months. We
will ensure that subvented agencies which meet these conditions can clear their arrears even
if their parent agency does not meet the conditions. We will ensure that arrears do not delay
the execution of the pharmaceutical spending clawback. The Government will ensure the
administrative capacity to make the clearance of arrears effective
5. Once we achieve the clearance of all verified arrears, the Government ensures that no new
arrears are accumulated (continuous).
6. The GSIS designs a risk-based assessment procedure for verification of VAT refunds
(March 2013).
7. To ensure independent oversight of the budget process, [the Government/the Parliament]
operationalize the parliamentary budget office.
8. In order to ensure a timely and effective clearance of state-aid issues, the Government
creates a Central State Aid Unit responsible for screening all measures, from across the
Government, for their compliance with State aid rules, before they are implemented.
[January 2013]. The Central State Aid Unit is the only contact point for the Commission
on all State aid matters, including for notifications.
9. 9. The legal act harmonising the entrance fees for all casinos in Greece is adopted [end-
October 2012] and all necessary actions are taken to ensure full and effective recovery of
the illegal state aid from all Casinos, including Casino Mont Parnes, is effectively
implemented [end-October 2012].
10. All actions attributable to public authorities should be in compliance with the rules on free
movement of capital [TFEU, Article 63].
33
2.5 Making the public administration more efficient and
effective
Reforming the public administration constitutes an essential step for the reduction in waste, the
containment of public wages and the increase in efficiency and productivity levels. As a prerequisite,
the following actions will be taken in the next months.
2.5.1 Reforming the public administration
In order to achieve a leaner and more efficient state, the Government initiates a rigorous evaluation of
administrative structures and personnel, in order to maintain the right skill mix of employees over
time. Entity closures are pursued and employees are either dismissed or transferred to the mobility
scheme. This reform process is extended to extra budgetary funds and regional and local
administrations in 2013.
2.5.1.1 Institutional reforms
1. The assessment of the institutional setting of two pilot ministries (Ministry of
Administrative Reforms and Ministry of Environment) is completed [October 2012].
2. The assessment of the institutional setting of all ministries is finalised [December 2012],
while the assessment of the performance of civil servants is completed [December 2013].
3. The first draft of the two pilot staffing plans is finalised [November 2012]; the other
ministries' staffing plans are completed [January 2013].
4. The assessment of all public entities under Chapters A and B and all Extra-Budgetary Funds
includes detailed information on their mandate and activities, their staffing, the level of
State subsidies and their overall budget [December 2012].
5. Based on the different assessments, the Council of Reform approves the transformation
scenarios for each ministry [January 2013]. A precise roadmap on how these structures are
created must be published [two] months after the approval of the transformation scenarios.
6. The Government monitors progress on the inter-ministerial coordination, whereby the
Coordinator is appointed [November 2012] and full implementation of the process is
ensured [January 2013].
7. The Government involves the Commission services with respect to the assessment of
structures and staffing linked with the implementation of the Cohesion Policy (NSRF
Operation Programmes) and will seek its agreement when taking related decisions
[continuous].
2.5.1.2 Mobility scheme and human resources management
In order to ensure that the Government's efforts to redeploy and reduce personnel are effective, that
the recruitment and evaluation process are improved, and that the performance and motivation of
personnel increases, concrete steps will be made to: limit and improve the quality of hiring at the
selection, including removal of job guarantees for graduates of public service academies (and limits on
intakes) and private sector teachers; put a sunset to existing lists of eligible graduates; establish clear
guidelines for the regular assessment of personnel run by managers.
1. The assessment of the institutional setting is combined with mobility, attrition,
reduction of temporary contracts, disciplinary procedures and mandatory
34
redundancies. This should help reduce the public sector workforce by [150,000] by
2015, relative to the end-2010 level.
2. The Government places [25,000] government employees in the mobility scheme in 2013,
with half of them by mid-2013. The government’s mobility scheme, where transferred
personnel can remain for up to one year with a reduced rate of pay (substituting for
severance payments), while they seek new employment and they are re-trained, will help the
transition across job positions, if necessary towards the private sector. [Steps to be
communicated] will ensure that at least [XX] staff will be moved to the mobility scheme.
3. The law on mobility in the interest of the services between ministries is adopted [November
2012].
4. Legislation is drafted on the new appointment methods of senior managers, directors and
general directors in the central administration leading to quick deployment of competencebased
nominations of civil servants. Secretary Generals will not be politically appointed;
Advisors are considered as new hirings [November 2012]. The law is approved by
Parliament [December 2012].
b. The Government defines a human resources strategy in order to: (i) identify the
weaknesses of the public service management of human resources; (ii) identify the best
possible way to modify recruitment procedures, appointments, trainings, as well as
mobility. This strategy is reflected legally [January 2013]. This legal action also provides
a basis for evaluating the competences of the senior management.
2.5.2 Avoiding waste and increasing quality through sound public
procurement
Important fiscal savings and higher quality purchases can be realised by sound public procurement
processes. The reforms aim at i) making the Single Public Procurement Authority, the newly created
procurement watchdog, fully operational; ii) establishing an e-procurement platform and mandating
gradually its use by the public administration; iii) increasing the share of supplies and services
tendered through Central Purchasing Bodies, including by the use of framework contracts and iv) at
codifying and simplifying all public procurement legislation.
2.5.2.1 To make the Single Public Procurement Authority (SPPA) operational
The Government:
1. By November 2012, it issues by 2012 the following implementing legislation of Law
4013/2011 on the Single Public Procurement Authority, providing for:
i. the SPPA's financial management rules (Art. 4).
ii. the SPPA's structure and remit of its services and any other matters
pertaining to its organisation (Art. 4).
iii. the SPPA's Rules of Procedure (Art. 7).
iv. the Agora Portal for contract transparency (Art. 11).
The above legislation shall enter into force at the latest by December 2012.
2. Ensures that the SPPA is adequately staffed so that it fulfils its mandate, objectives,
competences and powers as defined in the implementing regulations, of the law on the
SPPA and in the Action Plan agreed with the European Commission in November 2010.
[December 2012]
3. The SPPA ensures coordination and coherence of the functioning of the Central Purchasing
Bodies, of the reform of the Greek public procurement regulations and of the e-procurement
framework with the overall public procurement system and strategy. [Continuous]
35
2.5.2.2 To increase the efficiency of procurement processes:
1. The Government moves towards more centralised procurement, especially in the field of
health procurement, services and supplies (including civil supplies and services for
defence not falling under the scope of Directive 2009/81 on procurement in the fields of
defence and security). It also uses framework contracts and reviews the public
procurement legislation including works, supplies and services. In particular:
Central Purchasing Bodies (CPB):
1. A plan for the development of CPBs (such as the Greek General Secretariat for Commerce
-for supplies and services- and EPY -for health procurement-) is presented to the
Commission Services by end-November 2012. The plan identifies all contracting
authorities procuring supplies and services at the Central Government level and overviews
their procurement needs, with a view to gradually increasing the share of supplies and
services procured through those CPBs. Similarly, a plan to establish CPB at regional/local
level is also submitted to the Commission services by end-November 2012.
Framework contracts:
1. The Government submits by November 2012 to the Commission services for evaluation
two and one framework contracts used in frequently purchased supplies or services at
central government and regional level, respectively, and mandates the relevant
administration to source via those contracts. [April Q1-2013]
Reform of public procurement legislation:
1. The Government undertakes to adopt by Q4-2013 a reform of the public procurement
system including works, supplies and services under the coordination of the SPPA with a
view to:
i. simplifying, streamlining and consolidating the body of public procurement legislation;
ii. rationalising the administrative structures and processes in public procurement to
desired procurement results in terms of efficiency and efficacy;
iii. reducing the delays triggered by the redress system and assessing the role to confer to
the SPPA in the area of redress (remedies and judicial protection).
2. An Action Plan for the reform is developed in agreement with the European Commission.
[December-2012]. It will include an analysis of the state of play (flowcharts, procedural
phases, actors involved, timelines, statistics etc.) and factors in the results of the study on
the Greek public procurement system commissioned by the EC.
3. The drafts of all legislative and organisational measures implementing the above-mentioned
Action Plan are presented to the European Commission in Q3-2013.
2.5.2.3 To run public procurement procedures by electronic means (i.e., E-procurement):
1. The Government, in consultation with the European Commission, refines the existing plan
for the development of the e-procurement platform by November 2012, including, among
others, measures and deadlines for:
i. the operation of supplies, services and public works procurement
contracts through the e-procurement platform;
ii. the availably of functionalities such as e-notification and e-tendering;
36
iii. the mandatory use of the platform by the central government, regional
government and other public sector entities;
iv. the communication and training programmes for users of the platform;
v. the periodic monitoring mechanisms for the take-up of e-procurement
platform by its users and the specification of target usage levels;
vi. the interaction of the platform with the planned simplification of
procurement legislation;
vii. the means to facilitate access and use to the platform by users,
including easy to use e-signature and e-ID solutions.
2. In the development of the e-procurement platform, the Government commits to:
i. complete the e-procurement infrastructure for supplies and services
contracts by November 2012.
ii. run supplies and services contracts for the Central Government on a
pilot basis through the e-procurement platform throughout the 1st half of 2013.
iii. ensure that the e-procurement platform is fully operational and ready
for use by the Central Public Administration for supplies and services contracts
in July-2013.
3. The Government ensures the use of the platform as follows:
i. the Central Government procures 50% of its supplies and services' needs (in terms of
contract value) through the e-procurement platform by December 2013.
ii. the Central Purchasing Bodies (CPBs) use the e-procurement platform for all their
tendering procedures. [Q2-2014]
iii. the whole public sector in Greece uses the e-procurement platform by Q4 2015.
4. The Government submits to the Commission services the data of the monitoring activities
covering year 2013 against the target user levels. [1st half of January 2014]
37
2.6 Completing the pension reform to secure sustainability
Prior to disbursement
a. The age of retirement is increased by 2 years, starting from (1 January 2013) 1 December
2012. The increase is applied to the statutory retirement age and any other retirement age
for special groups and to the minimum requirement for getting a pension.
Other actions
1. The Government finalises the implementation of the reform of the functioning of
secondary/supplementary public pension funds and ensures the unification of all existing
funds into ETEA, which are considered to be in the domain of public sector according to
ESA95 national account definition. [Q4-2012]
2. The new single fund sets up in a cost effective way a computerised system of individual
pension accounts; .starting [Q1 2013] to be finalised by [Q4-2012]
3. The Government identifies the schemes for which lump sums paid on retirement are out of
line with contributions and adjusts the payments. A new, actuarially neutral, formula to
calculate lump sum, including a sustainability factor to avoid any future imbalances, is
designed in consultation with the European Commission, ECB and IMF staff. [Q4-2012]
4. The Health Committee set up by Law 3863/2010 will produce the regular quarterly report of
its activities aimed at monitoring and revising the disability status and ensure that disability
pensions correspond to not more than 10 percent of the overall number of pensions. [next
report Q1-2013]
38
2.7 Modernising the health care system
The Government continues to implement the comprehensive health sector reform with the objective of
stabilising public health expenditure at, or below 6, percent of GDP, while maintaining universal
access and improving the quality of care delivery. Policy measures include reducing the fragmented
governance structure, reinforcing and integrating the primary healthcare network, streamlining the
hospital network, strengthening central procurement and developing a strong monitoring and
assessment capability and e-health capacity.
The programme measures aim at achieving savings in the purchasing (accrual basis) of outpatient
medicines of about EUR 1 billion in 2012 compared to 2011 and to reach spending of about EUR
2.440 billion in 2013 (accrual basis). The goal is to bring public spending on outpatient
pharmaceuticals to about 1 percent of GDP i.e. around EUR 2 billion euro (in line with the EU
average) in 2014. Total (outpatient plus inpatient) public expenditure on pharmaceuticals should be no
more than 1.5 per cent in 2013 and 1.3 per cent in 2014.
2.7.1Governance
1. To strengthen health system governance, improve health policy coherence, reduce
fragmentation in the purchasing of health services and reduce administrative costs, the
Government prior to the disbursement finalises the concentration of all health-related
decision making procedures and responsibilities (including payroll expenditures) under the
Ministry of Health by merging all health insurance funds, without exception, into EOPYY.
2. From January 2013, hospital services will be purchased directly by EOPYY through
prospective budgets based on KEN-DRGs costing procedure (and which shall include
payroll costs, should be at least reported). EOPYY ensures that the number of doctors is
reduced in headcount by at least 10% by December 2012 compared to June 2012 and by a
further 10% in 2013..
2.7.2 Controlling pharmaceutical spending
In order to achieve EUR 1 billion of reduction in outpatient pharmaceutical spending in 2012 and
reach the 1 percent of GDP target in 2014, the Government steps up its efforts, and further develops
the set of incentives and obligations for all participants along the medicines supply chain (including
producers, wholesalers, pharmacies, doctors and patients) to promote the use of generic medicines.
2.7.2.1 Contingency measures to deliver the overall targets
1. Prior to the disbursement, if the reduction in pharmaceutical spending is not consistent
with the target, additional measures will be taken. These can include a prescription budget
for each doctor and a target on the average cost of prescription per patient and, if necessary,
across-the-board further cuts in prices and profit margins and increases of co-payments.
2. The Government revises the co-payment structure for medicines to exempt from copayment
only a restricted number of medicines related to specific therapeutic treatments.
[Q4-2012]
2.7.2.2 Pricing of medicines
1. The Government revises downward the price of medicines, based on the three EU countries
with the lowest prices. In addition, the government re-prices medicines now cheaper than 10
EUR, including implementing a 10% price reduction in the prices of these medicines
[quarterly update of price list - next price list published by mid-October 2012, next by
December 2012]
39
2. The Government applies an automatic claw-back mechanism (every six months)quarterly
rebate) to on the turnover of pharmaceutical producers which guarantees that the outpatient
pharmaceutical expenditure (EOPYY budget) does not exceed the above targets
[Continuous].
3. Prior to the disbursement, if, for any reason, the claw-back is not able to achieve the
target, the government adopts legislation which activates contingency measures (including
e.g. a cross-the-board cut in prices). Such measures produce equivalent amount of savings.
4. Prior to the disbursement, the government sets, through Ministerial decree, the new claw
back threshold for 2013, based on the above mentioned targets (2.4 billion for outpatient
and 0.66 billion for hospital, inpatient, medicines ).
5. Prior to the disbursement, the government repeals the current provision of the law which
hampers the collection of the rebate from pharmacies in case of delays in payments on the
part of EOPYY.
6. The Government produces an implementation report on the impact of the new profit
margins of pharmacies by Q1-2013 and shares it with the European Commission, ECB and
IMF staff. If it is shown that this new model to calculate profit margins does not achieve the
expected result of a reduction of profit margins down to 15%, the regressive margin will be
further revised.
7. EOPYY negotiates a 5% discount through price-volume agreements on medicines (200
medicines) [Continuous for 2013 and 2014]
8. The Government extends the application of the 9% rebate on pharmaceutical companies
(which exists for outpatient and hospital medicines) to the expensive products sold in
EOPYY pharmacies [legislation adopted by Q4-2012]
2.7.2.3 Prescribing and monitoring
The Government will,
1. extend the current e-prescribing to all doctors, health centres and hospitals. E-prescribing is
made compulsory and must include at least 90 percent of all medical acts covered by public
funds (medicines, referrals, diagnostics, surgery) in outpatient both NHS facilities and
providers contracted by EOPYY and the other social security funds. [Q4-2012]; the
extension to NHS facilities will be finalised by Q2-2013.
2. implement the system (API) whereby pharmacies electronically register manual
prescriptions from doctors into the e-prescription application established by IDIKA.
[October 2012];
3. continue publishing prescription guidelines/protocols for physicians, with priority for the
most expensive and/or mostly used medicines, and makes them compulsory [Continuous];
4. enforce the application of prescription guidelines through the e-prescription system. [Q2-
2013];
5. further develop monitoring and control of e-prescription by introducing ICD-10 and SPC
filters in the e-prescription system [Q2-2013];
6. produce detailed monthly auditing reports on the use of e-prescription in NHS facilities and
by providers contracted by EOPYY. These reports are shared with the European
Commission, ECB and IMF staff teams. [Continuous];
40
7. continue to provide a regular assessment of the information obtained through the eprescribing
system. [Continuous];
8. produce detailed quarterly reports on pharmaceutical prescription and expenditure which
include information on the volume and value of medicines, on the use of generics and the
use of off-patent medicines, and on the rebate received from pharmacies and from
pharmaceutical companies. These reports are shared with the European Commission, ECB
and IMF staff teams. [Quarterly updates];
9. provide detailed reporting on individual prescription behaviour to each physician relative to
the average of comparable (specialty, patient workload) physicians (both in NHS facilities
and contracted by EOPYY and other social security funds until they merge) and signals
when they breach prescription guidelines. This feedback is provided at least every month
and a yearly report is published covering: 1) the volume and value of the doctor's
prescription in comparison to their peers and in comparison to prescription guidelines; 2)
the doctor's prescription of generic medicines vis-à-vis branded and patent medicines and 3)
the prescription of antibiotics. [Continuous];
10. enforce sanctions and penalties as a follow-up to the assessment and reporting of
misconduct and conflict of interest in prescription behaviour and non-compliance with the
EOF prescription guidelines [Continuous];
11. Prior to the disbursement update the price list and the positive list of reimbursed
medicines notably by reimbursing only the cost effective packages for chronic diseases, by
moving medicines from the positive to the negative and OTC lists and introducing the
reference price system developed by EOF. These lists must be updated at eleast twice a
year.
12. select a number of the most expensive medicines currently sold in pharmacies, to be sold in
hospitals or EOPYY pharmacies. [Q4-2012].
13. Implement a mechanism to reduce off-label prescription [Q4-2012]
2.7.2.4 Increasing use of generic medicines
1. The Government increases the share of the generic medicines to reach 35 percent of the
overall volume of medicines sold by pharmacies by end-2012 and 60 percent by end-2013.
This will be achieved by:
i. setting the maximum price of the generic to 40 percent of the price of
the originator patented medicine with same active substance at the time its
patent (exclusivity period) expired. After this first reduction, when exclusivity
period expiry, Ffurther reductions are achieved through external reference
pricing based on the three EU countries with the lowest prices. This will be
done also by linking off-patent (when exclusivity period expires) products to
the average of the three lowest prices in the EU and the price of the generic to
80% of the downward revised price of the offpatent Further reductions are
achieved through external reference pricing based on the three EU countries
with the lowest prices. Producers are allowed to offer lower prices, thus
allowing an increased competition in the market. [Continuous];
ii. automatically reducing the maximum price of originator medicines
when their patent (exclusivity period) expires (off-patent branded medicines) to
50 percent of its price at the time of the patent expiry. Further reduction will
be achieved by linking off-patent products to the average of the three lowest
41
prices in the EU, to be revised periodically with price list . Producers can offer
lower prices, thus allowing an increased competition in the market.
[Continuous];
iii. creating dynamic competition in the market for generic medicines
through price reductions of at least 10 percent of the maximum price of each
new generic producer entering the market. [Q4-2012];
iv. introducing an internal reference price system for reimbursement
[October 2012];
v. introducing (EOPYY) additional incentives and mechanisms, including
a prescription quota system for phyicians, to ensure generic substitution [Q4-
2012];
vi. deciding about the reimbursement of newly patented medicines (i.e.
new molecules) on the basis of objective and strict medical and cost-effective
criteria and, until internal capacity is in place, by relying on best practice health
technology assessment of their cost-effectiveness carried out in other member
states, while complying with Council Directive 89/105/EEC. [Continuous];
vii. excluding from the list of reimbursed medicines those which are not
effective or cost-effective on the basis of objective criteria. [Continuous];
viii. Prior to the disbursement, making it compulsory for physicians to
prescribe by international non-proprietary name for an active substance, rather
than the brand name.
ix. Prior to the disbursement, mandating the substitution of prescribed
medicines by the lowest–priced product of the same active substance in the
reference category by pharmacies (compulsory "generic substitution").
2. The Government takes further measures to ensure that at least 50 percent of the volume of
medicines used by public hospitals is made up of generics with a price below that of similar
branded products and off-patent medicines. [Continuous]
3. Government makes it compulsory for all public hospitals to procure at least 2/3 of
pharmaceutical products by active substance, using the centralised tenders procedures
developed by EPY and by enforcing compliance with therapeutic protocols and prescription
guidelines. [Q4-2012]
4. The Government, pharmaceutical companies and physicians adopt a code of good conduct
(ethical rules and standards) regarding the interactions between pharmaceutical industry,
doctors, patients, pharmacies and other stakeholders. This code will impose guidelines and
restrictions on promotional activities of pharmaceutical industry representatives and will
forbid any direct (monetary and non-monetary) sponsorship of specific physicians
(sponsorship should be attributed through a common and transparent allocation method),
based on international best practice. [Q4-2012]
5. The Government speeds up administrative and legal procedures, in line with EU legal
frameworks for the entry of cheaper generic medicines in the positive list. [Q4-2012]
2.7.3 Reviewing the provision of medical services contracted by
EOPYY
1. To improve the current financial situation of EOPYY and ensure that the budgetary
execution is closer to a balanced budget in 2012 and 2013, a set of measures will be
implemented prior to the disbursement, including:
i. restricting the benefit package;
42
ii. increasing cost-sharing for private care;
iii. negotiating price-volume agreements and revising case-mix agreements with private
providers;
iv. revising the fees for and number of diagnostic and physiotherapy services contracted
by EOPYY to private providers with the aim of reducing related costs by at least EUR
80 million in 2013.
v. introducing a reference price system for reimbursement of medical devices.
vi. progressively increasing the contributions paid by OGA members to the average of
those paid by other members of EOPYY.
2. The government starts publishing a quarterly report on the prescription and expenditure of
diagnostic tests. [quarterly updates - next report Q4-2012]
2.7.4National Health System (NHS) service provision
2.7.4.1 Reorganisation and management of the health care sector
1. The plan for the reorganisation and restructuring, as set in Law 4052 / March 2012 is
implemented with a view to reducing existing inefficiencies, utilising economies of scale
and scope, and improving quality of care for patients. This implies reducing hospital
operating costs by 8 percent in 2012 and an additional 5% in 2013 and reducing beds
substantially, as legislated by MD OG1681/B (28-7-2011). This is to be achieved through:
i. increasing the mobility of healthcare staff (including doctors) within
and across health facilities and health regions;
ii. adjusting public hospital provision within and between hospitals within
the same district and health region;
iii. revising the activity of small hospitals towards specialisation in areas
such as rehabilitation, cancer treatment or terminal care where relevant;
iv. revising emergency and on-call structures;
v. optimise and balance the resource allocation of heavy medical
equipment (e.g. scanners, radiotherapy facilities, etc.) on the basis of need.
vi. reducing administrative costs notably by removing deputy managers
posts;
vii. reducing cost with outsourcing services such as IT services, laboratory
services and hospital servicing costs (e.g. cleaning services).
2. Produce an annual report comparing hospitals performance on the basis of the defined set of
benchmarking indicators [Continuous]
3. The Government updates a report on human resources for the whole health care sector
annually and uses it as a human resource planning instrument. [Continuous]
2.7.4.2 Accounting, control, IT and monitoring systems
1. Internal controllers are assigned to all hospitals and all hospitals adopt commitment
registers. [Q4-2012]
2. EOPYY publishes a monthly report with analysis and description of detailed data on
healthcare expenditure with a lag of three weeks after the end of the respective month. This
report will make possible the more detailed monitoring of budget execution, by including
both expenditure commitments/purchases (accrual basis [Q1-2013]) and actual payments
43
(cash basis). The report will also (1) describe performance on the execution of budget and
accumulation of arrears, and (2) recommend remedial actions to be taken. [Continuous]
3. Further measures are taken to improve the accounting, book-keeping of medical supplies
and billing systems, through:
i. the introduction of analytical cost accounting systems [Continuous];
ii. the regular annual publication of balance sheets in all hospitals. [Q12-
2013];
iii. the introduction of the uniform coding system for medical supplies
developed by the Health Procurement Commission (EPY) and the National
Centre for Medical Technology (EKEVYL) and the use of the observe.net
system to monitor the procurement and use of tenders for medical supplies.
[Continuous];
iv. the introduction of inbound hospital logistics and stock management
[Q4-2013]
v. timely invoicing of full treatment costs (including staff payroll costs) -
i.e. no later than 2 months to other EU countries and private health insurers for
the treatment of non-nationals/non-residents. [Q4-2012];
vi. enforcing the collection of co-payments and implementing mechanisms
that fight corruption and eliminate informal payments in hospitals.
[Continuous].
4. ELSTAT starts providing expenditure data in line with Eurostat, OECD and WHO
databases i.e. in line with the System of Health Accounts (joint questionnaire collection
exercise). [Q4-2012]
5. The programme of hospital computerisation allows for a measurement of financial and
activity data in hospital and health centres. Moreover, the Minister of Health defines a core
set of non-expenditure data (e.g. activity indicators) in line with Eurostat, OECD and WHO
health databases, which takes account of the future roll-out of DRG (diagnostic-related
groups) schemes in hospitals. [Continuous]
6. The government starts to programme of hospital computerisation includes the development
of a system of patient electronic medical records. [Q41-20123]
7. In all NHS hospitals, the Government, with technical assistance from experts across EU,
continue piloting a set of DRGs, with a view to developing a modern hospital costing
system for contracting (on the basis of prospective block contracts between EOPYY and
NHS). DRGs include a detailed item on costs of personnel. [Continuous]
8. An analysis will be made of how hospital accounting schemes integrate DRGs at hospital
level in view of future activity-based cost reporting and prospective budgets payment for
hospitals [Q4-2012]
2.7.5 Centralised procurement
1. The Government increases substantially the number of expenditure items and therefore the
share of expenditure covered by centralised tender procedures through EPY. [Continuous]
2. EPY will undertake a major effort to utilise tender procedures for framework contracts for
the most expensive medicines used in the outpatient context so as to substantially reduce the
price paid by EOPYY. [Q4-2012]
3. In compliance with EU procurement rules, the Government conducts the necessary
tendering procedures to implement a comprehensive and uniform health care information
44
system (e-health system) including the full and integrated system of hospitals' IT systems.
[Continuous]
2.8 Upgrading the education system
1. The Government implements the Action Plan for the improvement of the effectiveness
and efficiency of the education system and regularly reports on the progress of its
implementation including on the results of the external evaluation of high education
institutions [December 2012].
2. On higher education: the provisions of the laws 4009/2011 and 4076/2012 are fully and
promptly implemented including:
i. the activation of the Quality Assurance Authority [December 2012];
ii. the constitution of the Council of Higher Education Institutes is
completed [March 2013], with the respective organisation charters and internal
regulations completed; [September 2013]
iii. the election of the new Rectors [December 2012]. The procedure on
the consolidation/merging of departments of universities and technological
institutes (ATHINA Project) starts to be implemented [March 2013].
3. On primary and secondary education, progress on the implementation of the school and
teacher evaluation policy including the schools' self-assessment project is reported on a
quarterly basis [as of Q1 2013].
45
3
4 Strengthen labour market institutions and
promoting employment
46
5 Creating favourable conditions for economic
activity
The program places strong emphasis on implementing structural reforms that aim at improving the
business and overall economic environment and contribute in enhancing competition and
competitiveness. These include horizontal measures to reduce time and costs to i) create a company, ii)
to get establishment and operating licenses for manufacturing activities, iii) to get permits for
environmental projects and activities, iv) to export and import, combined with measures to improve
the functioning of the judicial system.
5.1 Promoting an efficient and competitive business
environment
5.1.1 Rationalising / eliminating quasi-fiscal charges
1. The Government further refines by November-2012 the list of non-reciprocating charges in
favour of third parties presented to the Commission services in November 2011 by i)
identifying beneficiaries; ii) specifying the legal base of each contribution and iii)
quantifying contributions paid by consumers in favour of those beneficiaries.
2. Within the preparation of the 2013 budget, the Government ceases to earmark and
directs:
i. the 0.5 percent charge provided for in the Emergency Statute 788/48
and in Law 3883/1958 on the value of all imported merchandise in favour of the
National Technical University of Athens, the University of Thessaloniki, the
Athens Academy and for the promotion of exports.
ii. the non-reciprocating charge calculated on the fuel price in favour of
Mutual Distribution Fund of the Oil-Pump Operators of Liquid Fuel.
3. The Government eliminates the vast majority of the quasi fiscal charges in a budget
neutral way in the 2014 budget. [October 2013]
5.1.2 Reducing procedural and other administrative burden
1. To further simplify time and cost for company creation, the Government, among others:
i. eliminates the prior check carried out by the One Stop Shop (OSS) on
outstanding social security and health payments by founders, members, and
directors of the new company, so that it does not cause a potential blockage to
company formation. Instead, and after company formation, the OSS would
notify IKA and / or OAEE of the company number and founders information,
so that IKA and / or OAEE can take any further actions that they deem
necessary. [November 2012]
ii. eliminates the ex-ante requirement for company seal and perforation of
documents (books) as per the Code of Books and Records. [November 2012]
iii. enables the Ministry of Development to issue a Ministerial Decision
providing for draft model company statues without the prior proposal of the
chambers of notaries and lawyers (cfr., Art. 12.2 of Law 3853/2010)
[November 2012] and publishes the model company statutes in December
2012.
47
iv. reduces the minimum capital requirements of new companies to levels
comparable with "best practice" Member States and within the limits of the
second Company Law Directive. [November December 2012]
v. makes voluntary the registration of companies with the chambers of
commerce. [November 2012]
vi. Prior to the disbursement removes the mandatory presence of a
lawyer to draft the articles of association of companies with capital in excess of
€100,000 (cfr. Art. 42.1 of law 3026/1954).
2. The Government takes additional measures by June 2013 at the latest, to reduce by 50% the
cost of starting a business, as measured by the World Bank's Starting a Business subindicator.
The results will be monitored in the World Bank's 2014 edition of Doing
Business. [Q4 2013]
3. To implement law 3982/2011 on the fast track licensing procedure for technical
professions, manufacturing activities and business parks and other provisions, the
Government issues the Presidential Decrees provided for in:
i. Art. 4.4 of the same law, regarding preconditions for obtaining a licence for
industry technicians, plumbers, liquid and gaseous fuel technicians, cooling technicians and
machine operators in constructions. [Q4 October November 2012]
ii. Art. 4.4, on preconditions for obtaining a licence for electricians, to reduce the
number of specialisms, increase the mobility of electricians within the same level category and
provide for the institution of private certification bodies. [Q4 2012Prior action]
iii. Art. 27.4, on Certified Inspectors. [November Q4 2012]
iv. Art. 24.5, laying down the requirements for Citizens Service Centres' (KEP) for
integrated electronic application among licensing bodies and for modalities of processing
demands through it. [JanuaryQ1Q4 2013 or Q1? Months is better to monitor2]
v. Art. 27.4, defining the fees paid for establishment and operating licenses.
[Q4November 2012]
vi. Art. 35.2, providing for the certification of the licensing service of the Chamber
of Engineers. [Q4 2012]
4. To implement Law 4014/2011 on environmental licensing of projects and activities, the
Government issues the Ministerial Decisions provided for in:
i. Art. 2.13, to further specify the procedure and specific criteria for environmental
licencing. [Q4-2012]
ii. Art. 8.3, on environmental licensing of projects and activities (other than
industrial activities), laying down the standard environmental commitments of projects and
activities in category B. [Q1-2013]
5. To simplify export and import procedures, the Government publishes a National Trade
Facilitation Strategy [October 2012] with time bound quantitative performance indicators
to streamline pre-customs and customs procedures according to best practices and EU
regulations. The overall goal of the strategy is (i) to establish an electronic single window
for exports providing for a single entry point for exporters for all products and destinations
and (ii) to achieve 50% reduction in reduction of the number of days and cost needed to
export by Q2 Q4 20142015.
In the short term, the Government:
48
i. Prior to disbursement, amends the regulatory framework of custom brokers to, among
others i) eliminate the limitation of customs brokers' services to natural persons and to legal
partnerships; ii) allow legal persons to represent others at customs, authorise companies
(natural and legal persons) to complete customs formalities (for themselves or for other
companies) without employing the services of a customs broker; iii) lift geographical
restrictions, nationality requirements, the age limit to sit the examinations for customs brokers;
iv) increase the frequency of examinations; v) review the system of annual renewal of licenses
and to vi) repeal minimum fees.
ii. launches in November 2012 a review of the Athens International Airport customs
office as a pilot to optimise operations, reduce the number of physical and documentary
controls, reassess the organization of labour, sequencing of procedures and work shifts and to
enable 24/7 trade. The review is completed in February 2013, is applied to Athens
International Airport and Piraeus port in Q1 2013 and to all other customs offices throughout
2013.
iii. reviews the risk assessment system, with recommendations for improvement in order to
align it with best practices in EU Member States. [December 2012] The level of controls
converges to the average level of controls in the EU by Q3 2013.
iv. reviews and streamlines pre-customs and customs procedures streamline pre-customs
procedures for selected pilot products (fresh vegetables fruits, white cheese) according to EU
regulations and best practices and presents an approach for extending the simplification process
to a wider set of frequently exported / imported products. [December 2012]
v. compiles all regulations providing for export and imports requirements [ December
2012], proceeds to a dramatic simplification of those requirements on the basis of EU best
practices [Q1 2013] and ensures that the e-customs system and the risk analysis system use the
simplified legislation. [Q2 2013]
vi.
vii. ensures that the e-customs system supports the electronic submission of all import and
export declarations, including the possibility of submitting documents and making payments
electronically. [Q1 2013]
viii. implements automatic clearance for low risk declarations, based on EU best practices .
[Q2 2013]
The trade facilitation strategy is supervised and coordinated by an inter-ministerial
steering committee, to be appointed by October 2012.
6. To identify and eliminate unnecessary reporting requirements for businesses:
i. The Government, assisted by the OECD, starts applying the Standard Cost Model
(SCM) to identify administrative burdens for businesses in 13 key sectors, with a view to
reducing administrative burdens by at least 20 percent (compared with the baseline year 2008).
[November 2012]
ii. The sectors are the following: Agriculture and agricultural subsidies, Annual
accounts/company law, Energy, Environment, Fisheries, Food safety, Pharmaceutical
legislation, Public procurement, Statistics, Tax law (VAT), Telecommunications, Tourism,
Working environment/employment relations.
iii. Following the identification of administrative burdens [by end-June 2013], the
Government completes the amendments to sector specific legislation by September 2013.
7. To facilitate spatial planning including through an effective land registry, the
Government:
i. adopts legislation to (i) simplify and reduce the time needed for town planning processes
[January 2013]; (ii) update [March 2013] and codify legislation on forests, forest lands and
49
parks [September 2014]. It also licenses at least two disposal sites for hazardous waste
[December 2012].
ii. completes the revision of the 12 regional spatial plans to make them compatible with the
sectoral plans on industry, tourism, aquaculture and renewable energy. [Q4-2012]
iii. Accelerates the completion of the land registry, with a view to:
a) tendering out all remaining rights (ca. 15 million) and awarding cadastral projects for
7 million rights. [Q4-2012]
b) digitalising the operations of all mortgage and notaries' offices and conveying all
newly registered deeds to the cadastre by 2015.
c) exclusively-operating cadastral offices for large urban centres by 2015.
d) establishing a complete cadastral register and exclusively operating cadastral offices
nationwide by 2020.
5.1.3 Enhancing competition
1.With the help of the Hellenic Competition Commission and other sectoral regulators, the
Government will screen the restrictions in the communications, insurance, construction
materials, air transport services (including airport services) and water transport (including
seaport services) the housing and commercial rental market sectors, and will prepare by
end-December 2012 a set of measures n action plan to promote competition in those
sectors and facilitate price flexibility.
2.The Government, assisted by the OECD, starts applying the Competition Assessment Toolkit
in sectors such as food processing, retail trade, building materials and tourism to identify
unnecessary restraints on market activities and develop alternative, less restrictive measures
that still achieve government policy objectives. [November December 2012]
3.Immediately upon completion of the analysis [June 20132], the Government will prepare the
legislative amendments to remove disproportionate regulatory restrictions identified by the
Competition Assessment Toolkit, with a view to having them adopted by September 2013.
5.2 Reforming the judicial system to support economic
activity
To improve the functioning of the judicial system, which is essential for the proper and fair
functioning of the economy, and without prejudice to the constitutional principles and the
independence of justice, the Government:
· ensures effective and timely enforcement of contracts, competition rules and judicial
decisions;
· increases efficiency by adopting organisational changes to courts;
· speeds up the administration of justice by eliminating backlog of court cases and by
facilitating out-of-court settlement mechanisms.
In designing and implementing the measures below, the Government consults the EC/IMF/ECB.
50
5.2.1 Review of the code of civil procedure
1. The Government commits to review the Code of Civil Procedure in accordance with the
roadmap defined in section 9.3 of this Memorandum, which defines intermediate steps
towards its completion by Q1-2014.
5.2.2 Judicial statistics
1. In order to facilitate the implementation of a performance and accountability framework for
courts, the Government will compile and publish on its website the information indicated in
Section 9.4 of this Memorandum. [Quarterly]
2. It also establishes an interservice group between the Ministry of Justice, Transparency and
Human Rights, the Ministry of Finance and the Hellenic Statistical Authority to cooperate
in the compilation and publication of the data in Section 9.4 of this Memorandum and the
establishment and updating of a database with case data for each court. This cooperation
takes into consideration current and future e-justice applications. [November Q3-2012]
5.2.3 Tax case backlog reduction
1. Following the submission of the work plan for the reduction of the backlog of tax cases in
all administrative tribunals and administrative courts of appeal in January 2012 and its first
update in July 2012, which provides for the intermediate target for reducing the backlog by
at least 80 per cent by end-December 2012 and for the full clearance of the backlog by end-
July 2013, the Government, by end-October 2012 and thereafter once a quarter:
i. presents updated and further refined work plans (ensuring that priority
is placed on high value tax cases – i.e., exceeding €1 million);
ii. takes remedial action in case of anticipated or actual deviations, and
iii. publishes reports on progress in backlog reduction.
5.2.4Non-tax case backlog reduction
1. The Government presents to the EC/IMF/ECB and publishes the study of the backlog of
non-tax cases in courts conducted jointly with an external body of experts. [October 2012]
2. By end-January 2013, the Government presents to EC/IMF/ECB, based on the abovementioned
study, an action plan with specific measures for a reduction of such backlog of at
least 50 per cent by end-July 2013.
5.2.5 Reorganization of the magistrates' court
1. As publicly announced, the Government adopts a Presidential Decree providing for the
rationalisation and reorganisation of the magistrates’ courts and the allocation of
appropriate human resources and infrastructure for the new structure of magistrates’ courts
resulting from this reform making the most effective use of the existing resources available
within the system. [October 2012] The Presidential Decree on the reform of the
magistrates’ courts is implemented in Q1 2013.
51
5.2.6Development of e-justice applications in courts
1. By end-October 2012, the Government updates, further refines and operationalises every
quarter the e-justice work plan of December 2011 and its first update of July 2012 for the
use of e-registration and e-tracking of the status of individual cases in all courts covered by
the action plan of the country and for e-filing.
2. The updates will contain an evaluation to be completed by end-March 2013 of the e-filing
pilot project at the Athens Court of First Instance, an evaluation to be completed by end-
March 2014 of the level of integration of IT systems achieved at that time in all courts of
the country, and a timetable with proposed deadlines regarding the extension of eregistration
and e-tracking to all courts by end-2015. The Government ensures consistency
of the e-Justice action plan with the e-government strategy.
5.2.7 Promotion of pre-trial conciliation, and mediation, and
arbitration
1. By end-October 2012, the Government develops its strategy on the active promotion of
pre-trial conciliation, mediation, and arbitration, with a view to ensuring that a significant
amount of citizens and businesses make use of these modes of alternative dispute resolution.
In order to implement this strategy, the Government, inter alia, applies to obtain funding
under the Operational Programme ‘Human Resource Development’ by end–November
2012.
2. By end-September 2013, the Government conducts an assessment of whether the
enactment of Law 3898/2010 on mediation in civil and commercial matters has delivered
the results which the legislation intended to achieve, and presents data and analysis
concerning costs, time and success rates associated with the enforcement of agreements
arising from alternative dispute resolution as compared with the enforcement of judicial
decisions.
3. By end-December 2013, the Government presents a legislative proposal for the effective
opening of the mediator’s profession to non-lawyers.
5.2.8Other measures on judicial reform
1. Assessment of the Law on fair trial and and mediationconciliation (4055/2012): The
Government conducts an assessment whether the enactment of Law 4055/12 has delivered
the results which the legislation intended to achieve, in particular as regards civil courts,
improved case processing in multi-member first instance courts, the speeding-up of the
issue of provisional measures, the strengthening of the institution of ‘voluntary jurisdiction’
in certain matters at the level of the magistrates’ courts and efficiency gains in enforcement
proceedings, and as regards administrative courts, the strengthening and general application
of pilot proceedings in the Council of State and the speeding-up of the issue of provisional
measures. [Q4 2012]
2. Administrative review of cases: The Government prepares, in accordance with Law
4048/2012 on better regulation, draft legislation providing for, where appropriate, a
compulsory administrative review before an independent committee before a case may be
brought before the administrative courts and submits it to the Greek Parliament. [Q2-2013]
3. Study on household and corporate insolvency: taking into account the statistics to be
prepared by end-September October 2012 on corporate insolvency cases, the Government
evaluates existing law and practice in this area and prepares a paper assessing the areas for
52
improvement to bring the Greek insolvency law and practice in line with international best
practices with a focus on:
i. allocating risks between debtors and creditors in a transparent,
predictable and equitable manner;
ii. supporting the early rescue of financially stressed but economically
viable businesses, with a particular focus on SMEs (e.g., through out-of-court
restructuring, pre-insolvency reconciliation or fast track court approval
procedures), whilst maintaining safeguards against the abuse of these
procedures;
iii. ensuring efficient liquidation to facilitate swift exit of non-viable firms;
iv. allowing flexibility in the modality for the sale of a debtor’s estate
(e.g., going concern sale) to maximize the value for all interested parties;
v. providing sufficient publicity of decisions relating to insolvency
procedures;
vi. ensuring adequate training of the principal parties involved in resolving
insolvency (e.g. judges, receivers, administrators, liquidators) and
vii. addressing cross-border insolvency outside the scope of Regulation
(EC) No 1346/2000 to mitigate delays of insolvency proceedings involving
multinational entities or groups of enterprises and facilitate their reorganization.
[end-DecemberNovember 2012]
4. Study on the costs of civil litigation: the Government launches a study on the costs of civil
litigation, its recent increase and its effects on workload of civil courts, together with
recommendations. [Q2-2013]
53
6 Efficient Network Industries and Services
6.1 Energy policy
Designing an appropriate energy policy, given the country's needs and potential, is fundamental for
economic growth. For this reason the Government must follow a holistic approach which maximises
the benefits for market participants, protects consumers and vulnerable parts of the society and the
rights of tax payers. The reforms below aim at bolstering competitiveness and efficiency in the
electricity and gas market, to avert a repetition of the 2012 liquidity crisis and to position the energy
sector as a potential contributor for prosperity.
6.1.1Unbundling effectively network activities from supply
activitiess
The Government announces by end-October 2012 the ownership unbundling of ADMIE
and transfers at least 51% of the shares to the HRADF. The sale of ADMIE shall not lead to
the reintegration of ADMIE in a vertically integrated company.
1. Legislation is passed providing for the details of the ITO-option for the gas TSO. [end-
NovemberOctober 2012].
2. DESFA applies for certification to RAE . [ Q4 2012 ]
3. The unbundled gas TSO is certified by the Greek energy regulator. [Q4Q1 -2012 2013 or
prior to the clearance of the privatisation of DEPA, whichever date comes earlier]
6.1.2 Provisions regarding the privatisation of PPC and DESFA:
1. The Government submits a plan for the restructuring of PPC with a view to prepar ing the
company for privatisation and to allowing PPC to be competitive with other firms in a
liberalised electricity market. The plan shall specify which parts of PPC should be
privatised and within which timeframe. The plan shall also include provisions for the
divestment of lignite-fired and hydro electricity generation capacity currently managed by
PPC and evaluate the possibility of ownership unbundling of ADMIE. [November 2012]
2. In the context of the privatisation of PPC, the Government submits a plan with deadlines for
divestment of lignite-fired and hydro electricity generation capacity currently managed by
PPC. [October 2012]
3. The Government takes the necessary steps to sell hydro and lignite fired capacity by end-
September 2013. Investors should be given the possibility of buying these assets separately
or jointly.
4. The Government undertakes that whichever the outcome of the privatisation process the gas
industry and electricity industry structure will be fully compliant with Directive 2009/73/EC
and 2009/72/EC. [Continuous]
6.1.3 Ensuring that electricity prices reflect costs
1. The Government takes measures for the gradual phasing out of regulated electricity prices
for all but vulnerable customers by June 2013. In this respect:
54
i. it issues a Ministerial Decision to increase adjust end-user prices for
low voltage customers, effective as of January 2013. [November December
2012]
ii. A a s necessary , it issues a Ministerial Decision by end-February
March 20132, effective as of March May 2013, to further set low voltage end
user prices at cost recovery. [December 2012] .
iii. it removes regulated tariffs for all but vulnerable consumers. [Q2-
2013]
2. In addition, the Government assesses best practices with a view to charging royalties for the
use of hydro and lignite. [Q1 2013]
3. To evaluate the incumbent electricity company's operating costs the Government submits to
the EC/IMF/ECB and publishes a study by a specialist of European standing to compare
PPC worker's remuneration with best-practice European electricity companies, by
comparable job assignments and productivity per employee. Remuneration and promotion
schemes also to be assessed against practices in private Greek companies. [Q4 November
2012]
6.1.4 Improving the collection of electricity bills and implementing
smart metering systems
6.1.5 The Government:
1. The Government ensures that PPC changes to monthly collection of electricity bills, either
by shifting to monthly billing or by introducing intermediate monthly instalments within the
existing billing period. [end- December 2012]
2. issues a Ministerial Decision, based on the advice of RAE, on the large-scale replacement of
existing systems with smart metering systems and explores assistance from EU structural
funds and/or the EIB to conduct this strategic investment. [end-December 2012]
6.1.6 Providing for a financially sustainable development of
renewable energy sources
Within a short term perspective, the Government:
1. Ensures that from October January 20132 onwards, LAGIE publishes monthly data on the
evolution of the RES account with projections throughout 2013. [Monthly]
2. Caps temporarily [Q1 2013] new connections of rooftop PV systems andTakes measures to
reduce the accumulation of licences issued but not implemented within a reasonable time
frame cancels all unused licenses for any renewable energy installation that have passed the
investment deadline. [November 2012]
3. Adjusts the RES levy every six months [January and July 2013] to eliminate the projected
RES account debt by end-December 2013.
To achieve a long-lasting reform of renewable support schemes, the Government:
55
4. Submits to the Commission services a detailed plan for the reform of the renewable
energy support schemes such that they are more compatible with market developments and
are subject to budgetary discipline. [FebruaryQ4 Q4-201232] The reform should look into:
i. options applicable to the support scheme, including market elements
such as forward looking tariff digression and feed-in-premia, combined with a
ceiling on the number of licenses, volume of capacity supported or overall
subsidies to be provided per technology/tariff category.
ii. current and expected trends in costs for all relevant technologies.
iii. a sustainable and transparent framework for the regular adjustment of
the RES levy.
5. Caps temporarily new connections of rooftop PV systems. [ Q1 2013 ]
6. Adopts the reform of the renewable energy support schemes as specified in paragraph 4.
[Q2 2013]
6.1.7 Planning the development of the electricity market in the
medium to long term
1. A detailed plan and roadmap to change the market model is presented to the Commission
services, including measures to have effective competition in generation and supply, the
development of a power exchange, introducing an intra-day market and implementing
market coupling with neighbouring markets. [end-December 2012]
1. The study also presents a time bound roadmap and estimation of costs of connecting Crete
to mainland Greece. [end-December 2012]
6.1.8 Fuel distribution
1. To facilitate the import and trade of oil and oil products, in the transposition of Directive
2009/119, the Government creates the framework for setting up of a Central Stockholding
Entity (CSE), within the meaning of the Directive. In addition, the transposition law will
grant economic operators, on which it imposes stockholding obligations, the right of
delegation of such obligations with:
i. the CSE in Greece (should there be one) or to other economic
operators within Greece which have surplus stocks or available stockholding
capacity, without quantitative restrictions, and /or
ii. the CSEs of other EU Member States of at least 30% of the
stockholdings obligations imposed on them, upon the entry into force of the
transposition law, and /or
iii. economic operators abroad which have surplus stocks or available
stockholding capacity of at least 30% of the stockholdings obligations imposed
on them, upon the entry into force of the transposition law. [Q4 2012]
2. To eliminate restrictions on public and private use trucks for fuel distribution:
56
Prior to the disbursement, the Government takes measures to:
a. allow independent gas stations to own or rent tanker trucks of any capacity provided
that safety standards for the transportation of fuel are respected.
b. allow independent gas stations to hire public-used tanker trucks for fuel transportation
without needing to qualify for their own private used tankers.
c. allow any tanker truck, regardless of its capacity, to enter the refineries and customs
installations to transport fuel under their own brand name/trademark, provided that safety
standards for the transportation of the fuel are respected.
3. To improve monitoring systems, prevent illegal trade and tax evasion in fuel distribution,
the Government, prior to the disbursement:
a. issues technical specifications and next steps for the implementation of the input-output
measurement system in all fuel stations;
b. issues a Ministerial Decision providing for the installation of GPS systems, as provided
for in Art. 320 of law 4072/2012.
6.2 Electronic communications
The switchover from analogue to digital TV technology will release a significant amount of high
quality radio spectrum which will be free for the deployment of new services and new technologies.
This ‘digital dividend’ can boost both the broadcasting sector and the wireless communication
industry, make a major impact on competitiveness and growth, and provide a wide range of social
benefits. The items below provide a roadmap for the release of the digital dividend in Greece.
1. Regarding the release of Digital Dividend, the Government (and/or EETT) undertakes to:
57
i. amend the frequency and the broadcasting plans, depending on the
outcome/actual state of play of international coordination. [November-2012]
ii. adopt necessary secondary legislation for the assignment of licenses for
broadcasting and for the establishment of licensing procedures, antennae
specifications, etc. [November-2012]
iii. launch the public consultation on the tender procedure for the
assignment of the digital dividend to broadband. [Q4-2012]
iv. resolve cross-border coordination issues with neighbouring countries.
If difficulties on international coordination make this date unfeasible, the
frequency and broadcasting plans might indicate alternative channels for relocation
of broadcasters, while continuing negotiations with third countries in
view of the final assignment of frequencies to broadcasters and mobile
operators. [Continuous]Q4-2012]
v. define a legal framework in primary law that envisages a mandatory
date for switch-off of analogue broadcasting and a technologically neutral
utilisation of the 800MHz band after the switch off, taking also into account the
provisions of the draft Radio Spectrum Policy Programme (RSPP). [Q1 2013]
vi. proceed to the tender for the assignment of definitive rights of use for
broadcasting transmission. [Q1-2013]
vii. proceed to the tender procedure for the assignment of frequencies of
the digital dividend, allocating and authorising the use of the digital dividend
(800 MHz band) to Electronic Communications Services in line with EC
Decision 2010/267/EU and in respect of the deadlines and procedures of the
RSPP. [Q2-2013]
6.3 Transport
The opening of the road haulage and occasional passenger transport is completed. Therefore, priorities
now shift to measures that allow for higher levels of tourism and investment, particularly with respect
to road (limousines and shuttle services), maritime and port activities (domestic ferry and port
services) and aviation. Specific actions are expected to lead to the reduction of operating costs of
service providers, while increasing consumers' choice. The gradual restructuring of railways should
also lead to its effective privatisation.
6.3.1 Road
1. The Government adopts [October 2012] all necessary measures to:
i. remove restrictions on the rental of pickup trucks, vans and rental cars with
drivers (limousine services);
ii. allow shuttle services used by hotels and tour agencies to use small vehicles
(of less than 12 seats) and tour packages for rental of small vans, as well as 4X4 allterrain
vehicles.
2. After having completed the report on the functioning of the regular passenger services, the
Government:
i. defines a follow up strategy for the effective opening of the sector in line with
state aid rules and EU Legislation on awarding contracts of passenger transport
services, while ensuring continuity of service provision and identifying concrete
options for public transportation in remote areas [December 2012]
58
ii. implements the required law (and necessary acts) that ensures equal
conditions and access equity to all road passenger service operators [March 2013].
6.3.2 Maritime Activities and Ports
1. The Government launches [October 2012]:
i. a consultation procedure to review the legal framework of the domestic ferry
industry, with a view to strengthening the competitiveness of the tourist sector.
Particular attention is given, inter alia, to increasing the flexibility of (i) manning
requirements of vessels outside the minimum routing obligations and (ii) approving
changes in the timetables and vessel size for ferry services. This consultation will lead
to a concrete amendment of Law 2932/2011 [March 2013].
ii. the social dialogue, following the Maritime Labour Convention (2006)
principles, in order to adapt labour arrangements to the current economic context.
2. Following the first submitted version of the port national strategy, the Government adopts a
five-year port national strategy that ensures connectivity of ports with the overall transport
network, specifying concrete projects, deadlines for implementation and a financial plan.
The strategy will be coherent with TEN-T priorities and principles, such as the smooth
operation of the internal market, the mobility of persons and goods and the economic, social
and territorial cohesion of the European Union, the efficient use of the assigned Structural
and Cohesion Funds and in line with State aid rules. [December 2012].
3. In alignment with the new ports strategy and organisational model for ports, the
Privatisation Fund (HRADF) defines a concrete privatisation strategy mainly through
concessions with the objective of making the best use of the ports [February 2013] and
launches the appropriate call(s) for tender [March 2013].
4. The Government revises the legal framework governing both port labour relations and the
administrative functioning of ports and sends a draft proposal to the Commission services
(see Annex 9.5 for a non-exhaustive list of labour regulations for ports) [December 2012].
This revision complies with the EU social acquis and provides, among others, for the
training and certification of cargo-handling employees, and defines a competitive model for
ports and terminal operators. The new legal framework is adopted [March 2013].
5. The Government examines compatibility with Community legislation and amends as
necessary provisions concerning Piraeus Port (OLP) and Thessaloniki Port (OLTH), in
particular [December 2012]:
i. Law 2688/1999 (Article 2.1. of Chapter A and Article 7.1.);
ii. Law 2688/1999 (Article 15);
iii. Law 2937/2001.
6.3.3 Aviation
1. After having submitted the National Airport Policy, the Privatisation Fund (HRADF)
launches the appropriate process leading to the privatisation of regional airports.
[December 2012]
2. The Government submits legislation for the restructuring of the Hellenic Civil Aviation
Authority (HCAA), which strengthens its regulatory role and implements the full separation
between Regulation and Management from Operation. The Government ensures
improvements in the performance of air traffic management delivery through adherence to
the relevant EU Regulation (EU 691/2010) [December 2012]. Public airports that will not
59
be privatised will be formed under a public body and their management and operation will
be totally separated from the HCAA. New legislation is adopted [January 2013].
6.3.4 Railways
1. The Government spins-off ROSCO (Maintenance Unit), GAIOSE (Real Estate), transfers
the leasing of the rolling stock activities from the OSE Group to the State, and provides an
updated TRAINOSE Business Plan. [November 2012]
2. The Government amends the law such that the fee of charges for obtaining a license or a
safety certificate does not exceed the average European charge. All operators are awarded
safety certificates on the basis of published, simple and transparent rules for the duration of
five years. [December 2012]
3. The Government establishes independent award authorities for passenger services by rail
that can organize competitive tenders [January 2013]. Contracts concluded in 2014 or later
will generally be awarded by means of competitive tender. The National Safety Authority
establishes the examination of five examiners for train drivers according to the EU
Regulation and publication of register of examiners on the web. The safety authority
publishes the conditions and procedures to recognize drivers. [March 2013] The
Government amends the safety legislation to establish a right of any company on access to
train driver facilities and examiners. [April 2013]
4. The rolling stock that is not used/needed by Trainose is transferred to a body that leases it
on market conditions, including winners of such tenders. [December 2012].
6.4 The Retail Sector
On retail, the selected measures aim at allowing a wider class of goods to be sold by more
efficient retailers, and reduce their operating costs. Measures not only look into retail specific
regulations (such as rules on pricing, sales and labelling) but also, into the rules on transport and
healthcare provisions applicable to retail outlets. Combined, the measures should help
contribute to lower prices and more choice for consumers.
Prior to the next disbursement, the Government:
a. eliminates the requirement of minimum space for the sale of food products.;
b. allows mixed shops to sell goods other than food, subject to hygiene and food and
safety standards.;
c. allows supermarkets the sale of pre-packaged meat, cheese and fish products;
d. liberalizes sale in supermarkets for infant (i.e., 0-6 months) and food complements such
as vitaminesvitamins and oils.
e. A a llow s a delink of the working hours of all employees in establishments (as defined in
Law 1037/1971 and related implementing legislation) from opening hours of the establishment.
f.g. A a djust s the law to clarify that shift breaks are allowed in all retail establishments
(including those with continuous working schedule).
In addition, the Government:
1. applies the same standards for transporting perishable goods to private-use trucks as those
applicable to privatepublic-used trucks. [Q4October 2012]
60
2. carries out a proportionality analysis of the restrictions applied on outdoor / ambulant trade
for social policy criteria. [NovemberQ4 -2012]
3. completes the revision of Ministerial Decision A2-3391/2009 on market regulations and
submits it to the Commission services, in accordance with the notification procedure
provided for in Directive 98/34. [October 2012] Following the notification period, tThe
revised Ministerial Decision on market regulations is adopted one month after the reply
from the Commission services, following the completion of the notification process.in
January 2013.
4. reviews and amends the Market Policing Code (Law 136 /1946) providing for various forms
of public sector intervention in the production, distribution and consumption of goods in
line with the simplifying recommendations of the Hellenic Competition Commission's
opinion no. 24/VII/2012. [JanuaryDecember 20122013]
6.5 Regulated professions, professional qualifications and
provision of services
6.5.1 Removing restrictions to the access to and exercise of regulated professions
1. Prior to the disbursement, the Government screens and makes the necessary amendsments
sector specific legislation to lift the restrictions in the ensure that the regulatory framework
(e.g., laws, presidential decrees, ministerial decisions, circulars) of the professions and
economic activities listed in Section 9.2.1 of this Memorandumis fully in line with chapter
A of law 3919/2011, applicable EU legislation, competition principles and the opinions
(whenever applicable) of the Hellenic Competition Commission (HCC). A non-exhaustive
list of unnecessary restrictions applied to the professions / economic activities can also be
found in Section 9.2.2 9.2.1.
2. For professions and economic activities included in Section 9.2.19.2.2, the Government
prepares draft provisions in October November 2012 amending sector specific legislation
as per the opinions of the Hellenic Competition Commission. The legislation also clarifies
the scope of law 3919/2011 and is adopted by end-December 2012.
3. A report on the implementation of Law 3919/2011 is published on the Government's
website [OctoberNovember-2012], including:
i. the list of all professions/economic activities falling under the scope of
that law.
ii. the list of all remaining professions/economic activities that have not
been treated beforehand. For these, the Government ensures that the regulatory
framework is fully in line with chapter A of law 3919/2011, applicable EU
legislation, competition principles and the opinions (if applicable) of the
Hellenic Competition Commission (HCC) by [Q4 2012].
4. To reinforce transparency in the functioning of professional bodies: Legislation is adopted
mandating the publication on the webpage of each professional association the following
information:
i. the annual accounts of the professional association.
ii. the remuneration of the members of the Governing Board broken down
by function.
61
iii. the amounts of the applicable fees broken down by type and type of
service provided by the professional association as well as the rules for their
calculation and application.
iv. statistical and aggregate data relating to sanctions imposed, always in
accordance with the legislation on personal data protection.
v. statistical and aggregate data relating to claims or complaints submitted
by consumers or organisations and the reasons for accepting or rejecting the
claim or the complaint, always in accordance with the legislation on personal
data protection.
vi. any change in the professional codes of conduct, if available.
vii. the rules regarding incompatibility and any situation characterised by a
conflict of interests involving the members of the Governing Boards. [Q4-
2012]
5. To de-link minimum fees for professional services from taxation and contributions to
social security funds and professional associations:
i. The Government issues a Presidential Decree, which sets a system of
prepaid fixed/contract sums for each procedural act or appearance by a lawyer,
which is not linked to a specific ‘reference amount’. [November 2012]
ii. Within the context of the tax reform, it also identifies ways of delinking
taxation from engineers legal fees and from lawyers legal fees /
reference amounts. [Q4 2012] This reform becomes operational upon the entry
into force of the tax reform in January 2013.
6. To assess the proportionality and justification of activities reserved to specific regulated
professions:
i. The Government updates the study of the regulations of the professions
submitted to the Commission services in July 2012, to assess the justification
and the proportionality of the requirements reserving certain activities to
providers with specific professional qualifications. [November -2012]
iii. Draft legislation is sent to Parliament amending unjustified or
disproportionate requirements reserving certain activities to providers with
specific professional qualifications, starting from the main regulated
professions (i.e., lawyers, engineers, accountants, sworn-in valuers, energy /
building inspectors, etc.). [Q1-2013]
7. Additional measures:
i. Prior to the next disbursement, legislation is adopted to:
o repeal Art. 42 of Legislative Decree 3026/1954, regarding the mandatory presence of a
lawyer for the drawing up of documents before a notary for a series of legal transactions.
o amend Art. 41 of Legislative Decree 3026/1954, to allow other professionals in the
legal sector to conduct title deed searchers.
o repeal the scale of minimum monthly amounts that are due to lawyers remunerated for
services rendered with a fixed periodic fee (without prejudice to having fee regulations for
trainee lawyers).
ii. A draft code revising Legislative Decree 3026/1954 is submitted to the
Commission services by midend-October 2012 and adopted by end-
December 2012. The new code should, among others, abolish total bans on
commercial communications, repeal age limits to take the Bar examinations,
ease the re-entry into the legal profession and clarify the nature of lawyers' fees
provided for in current legislation.
iii. The Government takes additional measures by June 2013 at the latest, to
reduce by 50% the cost of registering property, as measured by the bridge the
62
gap with the OECD average in the World Bank's Registering Property esubindicator.
The results will be monitored in the World Bank's 2014 edition of
Doing Business. [Q4 2013]
iv. To confirm progress in the area of regulated professions, the Government
completes a study of the 20 largest professions examining the degree to which
they have been liberalized, including results with respect to new entrants and
price changes. [Q1 2013]
6.5.2 Easing the recognition of professional qualifications
1. Measures are taken to ensure the effective implementation of EU rules on the recognition
of professional qualifications; including compliance with ECJ rulings (inter alia, related to
franchised diplomas). In particular, the Government:
a. continues to update the information on the number of pending
applications for the recognition of professional qualifications,
and sends it to the European Commission. [Quarterly]
2. adopts legislation to i) remove the prohibition to recognise the qualifications derived from
franchised degrees to access or exercise an economic activity and to ii) ensure that holders
of franchised degrees from other Member States have the right to work in Greece under
the same conditions as holders of Greek degrees. [October November 2012]
6.5.3 Services Directive: exploiting the information benefits of the
Point of Single Contact
The Government ensures:
a. that the Point of Single Contact (PSC) is fully operational in
all sectors covered by the Services Directive; . [Q4-2012]
b. that the PSC distinguishes between procedures applicable to
service providers established in Greece and those applicable
to cross-border providers (in particular for the regulated
professions); ). [Q4-2012]
c. that there is adequate connection between the PSC and other
relevant authorities (including one-stop shops, professional
associations and the recognition of professional
qualifications) and that the submission of on-line applications
as regards the recognition of professional qualifications is
fully operational. [Q4-2012]
63
7 Increasing the impact of structural and cohesion
funds
1. The Government meets targets for payment claims and major projects in the absorption of
EU structural and cohesion funds set down in the table below. Compliance with the targets
shall be measured by certified data. [Q4 2012]
Table 1: Targets for payment claims in the absorption of Structural and Cohesion Funds
(programming period 2007-2013) to be submitted through 2013
(EUR million)
2012 2013
European Regional Development Fund (ERDF)
and Cohesion Fund 2,850 3,000
European Social Fund (ESF) 880 890
Target of first half of the year 1,231 1,284
Total annual target 3,730 3,890
2. In deciding the "Public Investment Budget" allocation, the Government ensures that the
necessary national contribution remains available in order to complete the unfinished
ERDF, ESF and Cohesion Fund projects of the 2000-2006 programming period and to
cover the required national contribution including non-eligible expenditure under the
Structural Funds and Cohesion Fund rules in the framework of the 2007-2013 programming
period.
3. The Government continues to monitor on a quarterly basis the implementation of the
priority projects, certain of which — as the functional review of the public administration,
the "Elenxis" project for the tax control services, the land register, the solid waste
management infrastructures, the railway projects, the e-prescription, the e-procurement, the
development of a social economy sector and the national registry — are critical for the
development of the country. For priority projects in delay, a monitoring system should be
put in placea method for closer monitoring should be agreed [Q4 2012] in order to allow the
adoption of the necessary measures on time. The priority projects should be completed by
the end of 2015.
4. Support to SMEs managed at central and regional level is targeted to directly contribute to
the development of the economy and the creation of sustainable employment, in particular
for young people. Guidelines are issued for the definition of the conditions of granting state
aid and its monitoring. [Q4 2012]
5. Legislation is adopted, and immediately implemented, to shorten deadlines and simplify
procedures on contract award. [Q1 2013]
6. The monitoring tool for expropriations is completed and operational and data are made
accessible to the public. [Q1 2013]
64
7. Following the simplification initiative launched in May 2010 the Government takes
measures to speed up absorption, accelerate payments to beneficiaries and simplify the
management and project implementation on the basis of issues raised by the Commission
and any other additional issues which may be proposed. In particular, the Government
reviews the "sleeping" projects, un-activated delegations and sleeping contracts and informs
the Commission on those eliminated [Q4 2012]. Similar exercises are periodically repeated
until the expiry of the programming period.
8. The Government adopts measures and starts implementing an anti-fraud strategy in the field
of the Structural Funds and the Cohesion Fund [Q21 2013]. The Government establishes an
efficient inter-service consultation procedure supported by an electronic system. For this, an
integrated project will be set up and implemented with the exploitation of the existing
infrastructure [Q1 2013].
65
8 Monitoring and Technical assistance
8.1 Statistics
High quality statistics are key for effective economic surveillance and policy
design, and for the proper monitoring and execution of the budget. Significant
progress has been made in improving the quality and coverage of statistics in
Greece during the past two years.
The Government commits to continue supporting the work of ELSTAT, and to
honour its "Commitment on Confidence" signed by the Prime Minister of Greece on
29 February 2012 and which states among other things that " The Hellenic
Republic …makes the solemn commitments to fully respect the international and
European standards for statistical data quality….to guarantee and defend the
professional independence of the….Hellenic Statistical Authority...and to defend
[it] against any efforts to undermine [its] credibility"
· The Government, as stated in the aforementioned "Commitment on
Confidence", further commits to decouple the budget of ELSTAT from that of
the Ministry of Finance in line with the existing procedures and involving the
Hellenic Parliament and the Court of Audit. From January 1st 2013 onwards,
ELSTAT as a legal entity under Greek public law will get budgetary execution
autonomy in accordance with the relevant legal framework, in particular Law
4072/2012, article 323. The Authorities commit to complete all actions
needed to establish budgetary execution autonomy to ELSTAT in line with
Law 4072/2012, article 323, by end-November 2012.
o To achieve this, the Government amends the Law 3832/2010
regarding the nonapplicability to ELSTAT of the provisions of article
25 of Law 2362/1995 and, more broadly, of any other provision the
implementation of which is not consistent with the independence of
ELSTAT (November, 2012).
· [ Before end-November 2012 [or prior to disbursement], and to ensure
a smooth and effective transition toward the new framework, the Authorities
further commit to clear all arrears for the financial years 2011 and 2012].
d. TECHNICAL ASSISTANCE
Fiscal data, tbc
66
Banking data, tbc
67
9 Annexes
9.1 List of government pending actions related to the
privatisation plan
(caveat: new pending actions arising after the MOU is signed should be completed
as soon as possible.)
9.2 Regulated professions
9.2.1 List no. 1: list of non-exhaustive set of restrictions on
selected regulated professions to be repealed prior to the
next disbursement
1. Stevedores for land operations and at portsat central markets: simplify declaration procedures, repeal
fixed fees for loading and unloading services and allow stevedores to be employed under private sector
law.Issue new legislation to repeal fixed fees and to revisit the adequacy of the Stevedore Work Regulatory
Committee to act a licensing authority. In addition, this circular should include sample forms to be
completed by the applicant.
2. Sworn-in valuersators: Issue new legislation to eliminate the applicable fees, the system of numerus
clausus, the nationality requirement, allow legal entities to pursue the profession and open up the areas
reserved in exclusivity to this profession.
3. Accountants and tax consultants: Clarify clarify in circular 26801/DIOE 654 of 13 June 2012 that the
professional identity card will be issued automatically within the three months period; ii) revisit the validity
of the Professional ID (currently, restricted to one year only) and grant an unlimited authorization which
could be withdrawn by the Chamber when the holder does not satisfy anymore the conditions; iii) clarify
that it is SAEP the body responsible for the recognition of professional qualifications; iv) amend Ministerial
Decision POL 1166/2011 to abolish the certification procedure provided for thereof, which is applicable to
legal entities and natural persons; v) include in the text of the circular references to the legal text of
accountants/ tax advisors that hath have been abolished by law 3919/2011. In addition, amend sector
specific legislation to eliminate inconsistencies with the 2011 law on regulated professions.
4. Temporary employment companies (TEC): amend sector specific law to i) reduce the minimum capital of
€176.083 (Art.123.1 of law 4052/2012); ii) two eliminate / reduce the amounts of (unspecified) bank
guarantees (Art. 126); iii) to lift the requirement of having a minimum number of employees (including a
safety technician and an occupational technician); iii) extend the scope of temporary employment agencies
to cover, among others, the provision of consulting and training services.
5. Private labour consultancy offices (PLCO): Aamend sector specific law to i) allow employers of PLCOs –
other than its director, to undertake mediation; ii) lift requirements on built in infrastructure and on technical
equipment; iii) lift requirement provided for in Art. 104.2 of law 4052/2012, whereby if the registered office
of the PEA or its branch has changed, the procedure regarding start of PEA activity /occupation under Art.
101 of the same law shall apply; iv) allow PEAs to do activities other than intermediation in the premises
where the PEA operates.
6. Real estate brokers: Amend sector specific law to drop the probationary period before an applicant can
become a real estate broker (Art. 199 of law 4072/2012).
7. Actuaries: review the regulatory framework governing the examination process so as to prevent the
Hellenic Actuarial Society (HAS) from determining indirectly the number of successful candidates in the
examinations in the interest of the incumbents (cfr. the Hellenic Competition Commission's opinion no.
14/VI/2012).
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8. Tourist guides: provide that the professional ID card clarify in circular 2163/02.02.2012 the treatment of
professional identity card (i.e., that it will be issued within the three months period or earlier) and amend
sector specific law to open the profession to holders of related university degrees. eliminate restrictions that
prohibit individuals from serving as tourists guides unless they have a specialized education.
9. Energy inspectors: amend sector specific law to repeal minimum fees for energy inspection services and to
, simplify licensing and open profession to holders of related university degrees.
10.Private providers of primary care services: amend sector specific law to eliminate inconsistencies with the
2011 law on professions.
11.Stevedores at ports: simplify authorization procedures, repeal fixed fees for loading
and unloading services and allow stevedores to be employed under private sector law.
12. Customs brokers: cfr. section on trade facilitation.
13.Kiosks and cantinas in public buildings: remove restrictions for licenses in favour of specific groups.
14.Tourist offices: eliminate prior authorization scheme, minimum office space requirements, applicable quasifiscal
charges and reduce the amount of bank guarantees or require touristy offices to get insurance. .
15.Teaching at private tuition establishments and foreign language schools and teaching at home: remove
the need for prior licence and replace it by a notification of commencement of activity. Remove the need to
renew the licence every year.
16.Private primary and secondary schools: Aabolish the nationality requirement to get an establishment
licence, amend the requirement for formal qualifications to the founder of a private school; abolish
shareholding capital requirements, the ban on more than one establishment, minimum distances, the need to
renew licenses annually; remove prohibitions to licensing to relatives of private primary and secondary
schools license holders, the cap on teaching hours and introduce more flexibility in the adjustment of tuition
fees by schools.
17.Private tuition establishment and foreign language schools: Amend the requirement for formal
qualifications to the founder of a private tuition establishment and foreign language schools and remove
prohibitions to licensing to relatives of license holders.
18.Vocational training institutes (VTI): Allow the advertising of VTI without the approval of the E.O.P.P.E.P.
19.Vocational training centres (VTC): Amend sector specific legislation to base the accreditation of a VTC on
the basis of an integrity check of objective statutory requirements; ii) to allow private individuals to
establish legal entities; iii) to renew the accreditation in the form of notification under Art. 3 of Law
3919/2011, by uncoupling it from the scoring system.
20.Post-secondary education centres: repeal the prohibition that post-secondary education centres cannot be
established by shareholders or partners of the legal entity which applied for an establishment and operating
licence; to renew operating licences in the form of notification under Art. 3 of Law 3919/2011; allow postsecondary
education centres to recruit off-register staff notified to the supervising authority, as in the case of
VTC; repeal the need to submit a letter of guarantee for the opening of a post-secondary education centre.
21.Accredited study centres: Amend the regulation on renewing licenses, so that licenses renewals are limited
to the notifications under Art. 3 of law 3919/2011; amend the regulation on teacher training certificates to
recognize teachers with certificates from other Member States.
22.Electricians: reduce number of specialisms, increase mobility of electricians within the same level category
and provide for the existence of private certification bodies (Cfr. Section on the implementation of Law
3982/2011).
23.Press distribution agencies: remove prior authorization scheme and expand the number of economic
activities carried out.
9.2.2 List no. 2: regulated professions / economic activities whose
regulatory framework needs to be adjusted in line with to
applicable opinions of the Hellenic Competition Commission
1. Professions under the Greek Ministry of Citizen Protection: i) sale of revolvers, pistols and targetshooting
weapons; ii) preparation of explosives; manufacture, conversion, assembly, finishing and repair of
firearms, and charging/recharging of firearm cartridges; iii) charging cartridges for hunting weapons for
sale; iv) sale of fireworks and flare launchers; v) manufacture of fireworks and flare launchers; vi) operation
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of private security firms; vii) work by security staff of private security firms; viii) operation of private
investigation offices; ix) work by staff of private investigation office: Cfr. HCC Opinion no. 13/VI/2012.
2. Butchers and slaughterhouse staff: Cfr. HCC Opinion no. 17/VI/2012.
3. Operation of poultry farming and animal husbandry establishments: Cfr. HCC Opinion no. 17/VI/2012
4. Dealers in antiques and more recent artefacts and restorers of fine art and antiquities: Cfr. HCC
Opinion no. 18/VI/2012.
5. Selling and production of reproductive material for agricultural plant species and selling of fertilisers:
Cfr. HCC Opinion no. 19/VI/2012.
6. Professions / economic activities under the Greek Ministry of Citizen Protection – harbour guard: i)
Organisations certifying divers; ii) Suppliers of recreational diving services; iii) Rental of means of marine
recreation; iv) Service boat operations; v) Towing operations; vi) Licensing for outdoor trading (stands or
itinerant) on board ships; vi) Operation of casinos on board passenger vessels flying the Greek flag on
international voyages; vii) Lifeguards: (i) Operation of public health establishments on anchored or floating
craft and (ii) Operation of public health establishments on seafaring vessels: Cfr. HCC Opinion no.
22/VII/2012.
7. Professions / economic activities under the Ministry of Health and Social Solidarity, Directorate-General
for Welfare: i) Care units for old people; ii) Day care centres for old people; iii) Creative activity centres for
children; iv) Creative activity centres for children with disabilities; v) Nurseries and kindergartens; vi)
Private childrens’ camps; vii) Child welfare institutes: Cfr. HCC Opinion no. 25/VII/2012.
8. Petrol sellers, shotfirers, blasters and natural gas sales. Cfr. HCC Opinion no 26/VII/2012
9.3 Agreed roadmap between the Greek Ministry of Justice
and the EC/IMF/ECB for the review of the code of Civil
Procedure
1. By end-October 2012, the Taskforce on the review of the Code of Civil Procedure ("the
Taskforce") prepares a briefing paper for its foreign expert members appointed by other EU
Member States to assist its work. The objective of the briefing paper is to enable these foreign
expert members to fully participate in its work, including developing alternative legal solutions to
the identified reform needs based on cross-country experience in other Member States.
2. Starting from October 2012, the Taskforce also provides monthly updates by the end of each
month on progress towards preparation by end-March 2013 of a detailed paper outlining the main
proposals for amendments to the Code of Civil Procedure in line with the objectives defined in
previous versions of this Memorandum. The detailed paper is presented to the EC/IMF/ECB shortly
after its completion.
3. By end-March 2013, the Taskforce prepares a detailed paper outlining the main proposals for
amendments to the Code of Civil Procedure in line with the objectives set out in previous versions
of this Memorandum.
4. By end-May 2013, the Government holds a series of workshops to discuss the findings and
proposals in the detailed paper prepared by the Taskforce. These workshops will allow for broad
consultation with domestic stakeholders and participation from recognised international experts in
the field of civil procedure. On the basis of the outcome of this consultation, the Taskforce presents
a revised version of the detailed paper to the EC/IMF/ECB and submits the revised paper, after
reflecting comments from the EC/IMF/ECB, to the Government.
5. By end-June 2013, the Taskforce presents a detailed work plan, which provides for the
preparation of the draft law by end-January 2014 and contains specific deadlines and deliverables
for the chapters of the draft law, and implements the plan with immediate effect. At the end of each
month the Ministry of Justice, Transparency and Human Rights assesses compliance with the
detailed work plan and takes immediate remedial actions in case of anticipated or actual deviations.
6. Starting from July 2013, the Taskforce prepares the draft law on the basis of the abovementioned
detailed paper and work plan, and provides monthly updates by the end of each month
on progress towards preparation by end-January 2014 of the draft law. The monthly updates
describe the outcomes of the assessments of compliance with the detailed work plan and, if
necessary, any remedial actions taken. The Ministry of Justice, Transparency and Human Rights
70
holds at least three EC/IMF/ECB expert meetings throughout the drafting process: July 2013,
October 2013 and January 2014. The meetings will allow for expert input in the drafting process
and feedback on preliminary drafts of the legislation under preparation.
7. The Government finalises the study on the costs of civil litigation, its recent increase and its
effects on workload of civil courts, together with recommendations, ensures that the
recommendations are reflected in the draft law prepared by the Taskforce on the review of the Code
of Civil Procedure and publishes the study. [Q4-2013]
8. The Government carries out a public consultation on the draft law bringing the Code of Civil
Procedure in line with international best practice and submits the draft law to the Greek Parliament.
[Q1-2014]
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9.4 Statistics to be published by the Ministry of Justice or
Ministry of Finance
(a) by end-September October 2012, for each administrative tribunal, court of appeal and the supreme
administrative court:
(i) the number of judges and administrative staff, with a breakdown for judges working in tax
chambers or dealing primarily with tax cases;
(ii)the number of all cases;
(iii) the number of cases carried over from 2011;
(iv) the number of cases filed in the first two quarters of 2012;
(v) the number of tax cases, with a breakdown according to case value (up to EUR 10 150,000000,
between EUR 150, 001 to EUR 3050, 000 and , EUR 50 001 to EUR 100 000, EUR 100 001
to EUR 500,000, and above EUR 500 300,000);
(v) the number of tax cases carried over from 2011;
(vi) the number of tax cases filed in the first two quarters of 2012;
(vii) the recovery rate for all tax cases, which for the purposes of the MoU, shall mean the ratio of
the amount collected by the creditor in enforcement proceedings – following the issuance of
an enforceable title – to the amount adjudicated by the court.
(b) by end-OctoberSeptember 2012, for each civil court, court of appeal and the supreme civil court:
(i) the number of judges and administrative staff;
(ii) the number of all cases;
(iii) the number of cases carried over from 2011;
(iv) the number of cases filed in the first two quarters of 2012;
(v) the number of dormant cases on 30 June 2012, i.e. cases brought before the civil courts in
which the relevant court’s file records that they have been postponed or never received a
hearing date and no party activity for receiving a hearing date has taken place for at least 18
months.
(c) by end-OctoberSeptember 2012, at the first instance, court of appeal level and the supreme civil
court:
(i) the number of all corporate insolvency cases;
(ii)the number of corporate insolvency cases carried over from 2011;
(iii) the number of corporate insolvency cases filed in the first two quarters of 2012
(iv) the average duration of corporate insolvency cases;
(v) the recovery rate for all corporate insolvency cases, which for the purposes of the MoU, shall
mean the ratio of the amount collected by all creditors in reorganisation, debt enforcement or
liquidation proceedings to the total amount owed by the company;
(vi) a break-down of insolvency cases by sector (e.g., agriculture, construction, manufacturing,
and services).
(d) by end-December 2012, quarterly updates of the information in (a) to (c) above relating to the
previous quarter.
(iii) the number of corporate insolvency cases filed in the first two quarters of 2012;
(iv)the average duration of corporate insolvency cases;
(v) the recovery rate for all corporate insolvency cases, which for the purposes of the MoU, shall
mean the ratio of the amount collected by all creditors in reorganisation, debt enforcement or
liquidation proceedings to the total amount owed by the company;
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(vi)a break-down of insolvency cases by sector (e.g., agriculture, construction, manufacturing, and
services).
(d) by end-December 2012, quarterly updates of the information in (a) to (c) above relating to the
previous quarter.
9.5 N on - exhaustive list of regulations on port work for
review under the new port strategy
· Port of Piraeus – law 1559/1950 (Gov. Gazette A 252/1950), law 2688/1999
(Gov. Gazette A 40/1.3.1999), Joint Ministerial Decision 5115.01/02/2004 on the
approval of the General Regulation for Personnel (Gov. Gazette B 390/26.2.2004).
· Port of Thessaloniki - legislative decree 449/1970 (Gov. Gazette A
51/27.2.1970), law 2688/1999 (Gov. Gazette A 40/1.3.1999), Joint Ministerial
Decision 5115.01/05/2003 on the approval of the General Regulation for Personnel
(Gov. Gazette B 1203/26.8.2003).
· Work Regulation of the Dockworkers of the Piraeus Port approved by Joint
Ministerial Decision 45058/7/1971-Gov. Gazette B 579/22.7.1971)
· Joint Ministerial Decision 44885/8919/1956, as modified by Joint Ministerial
Decision 117756/8295/1967-Gov. Gazette B 9/11.1.1967)
· Law 3239/1955
· Law 5167/1932
· Ministerial Decision F 10221/26816/929- Gov. Gazette B 2778/2.12.201 1
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Abbreviations
74
ASEP Supreme Council for Staff Selection
CPB Central Purchasing Bodies
DEPA Public Gas Corporation
DRG Diagnostic-Related Group
DSO
EC
Distribution System Operator
European Commission
ECB European Central Bank
EEA European Economic Area
EETT Hellenic Telecommunications and Post Commission
EFSF European Financial Stability Facility
EKEVYL National Centre for Medical Technology
ELSTAT Hellenic Statistical Authority
EOF National Organisation for Medicines
EOPYY National Organisation for the provision of Health services
EPY Health Procurement Commission
ERDF European Regional Development Fund
ESA European System of Accounts
ESF European Social Fund
ESY National Health System
EU European Union
GDP Gross Domestic Product
GEMI General Commercial Registry
HRADF Hellenic Republic Asset Development Fund
IDIKA E-governance of social insurance
IMF International Monetary Fund
KTEL Joint Fund for Bus Receipts
LNG Liquefied Natural Gas
LTV Loan-to-value
MEFP Memorandum of Economic and Financial Policies
MTFS Medium-Term Fiscal Strategy
NHS National Health System
OASA Athens Urban Transport Organisation
OECD Organisation for Economic Cooperation and Development
OGA Agricultural Insurance Organisation
OSE Railway Organisation of Greece
OTE Hellenic Telecommunication Company
PPC Public Power Corporation
PSC Point of Single Contact
RAE Regulatory Authority for Energy
RSPP Radio Spectrum Policy Programme
SPA Single Payment Authority
SPPA Single Public Procurement Authority
TAP trans-Adriatic pipeline
TEN-T Trans European Transport network
TSO Transmission System Operator
WHO World Health Organisation