Legal Framework of Strategic Investments

Legal Framework of Strategic Investments

1.    Law 4864/2021 (GG A΄ 237), as amended and currently in force

2.      Ministerial Decree no. 78609/4.8.2022 (GG Β’ 4263/10/8/2022) “Determination of the selection process of auditors and the appointment of an expert, their obligations, the audit objects, the procedure, the terms and the conditions for the control of the implementation of investments that have been characterized as strategic investments

3.      Ministerial Decree no. 65429/27.6.2022 (GG Β’ 3450) “Determination of the amount, by type of aid, for the investment projects classified as Strategic Investments, in accordance with the provisions of Laws 4608/2019 and 4864/2021”

4.      Ministerial Decree no. 61746/16.6.2022 (GG Β’ 3188) “Determination of the terms, conditions and procedures for the implementation, modification, audit and completion of investments characterized as strategic in accordance with Laws 4864/2021 and 4608/2019, payment of the aid and compliance with the obligations of the investment entities”

5.      Ministerial Decree no. 62120/16.6.2022 (GG Β’ 3142) «Determination of the procedure of characterization of Emblematic Investments of Exceptional Importance of Law 4864/2021, the procedures of monitoring and audit of their implementation and of the payment of the aid”

6.      Ministerial Decree no. 62147/16.6.2022 (GG YODD 507) “Establishment of a three-member committee for the characterization of investment projects as "Emblematic Investments of Exceptional Importance" in accordance with the provisions of Law 4864/2021”

7.      Ministerial Decree no. 118001/8.12.2023 (GG YODD 1338) “Establishment of a three-member committee for the characterization of investment projects as "Emblematic Investments of Exceptional Importance" in accordance with the provisions of Law 4864/2021”

 

 

 

Previous Legal Framework of Strategic Investments

1.     Laws 3984/2010 (GG A' 204), 4072/2012 (GG A' 86)  and 4146/2013 (GG A' 90), as currently in force

2.     Article 6 of Law 4146/2013 (GG A' 90) "Residence Permits"

3.     Law 4608/2019 (GG A΄ 66), as currently in force

4.     Article 8 of Law 4447/2016 (GG A' 241) "Special Spatial Plans", as currently in force

5.     DESE Decision No. 3/11.1.2011 "Content of the file elements for submission to the strategic investment procedures by law 3894/2010" (GG B΄ 294)

6.     Interministerial Commission of Strategic Investments (DESE) Decision No. 2/11.1.2011 "Regarding the volume of management fees and the method of their calculation" (GG B΄ 294)

 

EU Legal Framework

State Aid Legal Framework

1.     EU Regulation no. 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (L 187/1 26-6-2014)

2.     Guidelines on regional State aid (Communication C (2021) 2594 19.4.2021)

3.     Annexes to the Guidelines on regional State aid (Annexes of Communication C (2021) 2594 19.4.2021)

4.   COMMUNICATION FROM THE COMMISSION Framework for State aid for research and development and innovation (2022 Communication RDI s.a. framework)

 

Legal Framework of Projects of Common Interest (PCIs)

1.     DESE Decision No. 27/2014 (GG B΄1471) "Establishment  of the General Secretariat of Strategic & Private Investments of the Ministry of Development and Competitiveness, as "competent national authority" within the meaning of Article 8(1) of Regulation no. 347/2013 of the European Parliament and of the Council of April 17, 2013, for the licensing of "European Energy Projects of Common Interest - Projects of Common Interest (PCI)", as defined in the Annex of the delegated Regulation (EU) no. 1391/2013 of the Commission of October 14, 2013. European Energy projects of Common Interest − Projects of Common Interest (PCI). (GG B' 1471)

2.     Article 8 of Law 4271/2014 (GG A΄ 144) "European Energy Projects of Common Interest - Projects of Common Interest (PCI)" regarding Greece

3.     Regulation (EU) no. 347/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 April 2013 on guidelines for trans-European energy infrastructures, abolition of Decision no. 1364/2006/EC and the modification of regulations (EC) no. 713/2009, (EC) no. 714/2009 and (EC) no. 715/2009 (OJ L 115/25.4.2013)

-        Amendment 7 (6th Union List) Commission Regulation (EU) 2022/564 of 19 November 2019 (L 109/8.4.2022)

Regulation (EU) 2022/564 (EL)

Regulation (EU) 2022/564 (EN)

 

4.  REGULATION (EU) 2022/869 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2022 on guidelines for trans-European energy infrastructure, amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No 347/2013 (REGULATION (EU) 2022/869)

5.  Manual of Licensing Procedures for Projects of Common Interest

This manual is not a legally binding document. The publication of the manual by the General Directorate of Strategic Investments is taking place in compliance with article 9 par. 1 of Regulation (EU) no. 347/2013 of the European Parliament and of the Council of 17 April 2013 and applies or refers to relevant legal provisions. Its purpose is to support the work of all parties involved in trans-European energy infrastructures and to strengthen transparency.

Legal Framework of Important Projects of Common European Interest (IPCEIs)

1.     Coomunication from the Commission (2021/C 528/02) "Criteria for the analysis of the compatibility with the internal market of state aid in order to promote the implementation of important projects of common European interest"

-        Announcement 2021/C 528/02 (EL)

-        Communication 2021/C 528/02 (EN)

2.     Article 42 of Law 4811/2021 (GG A' 108) "Important Projects of Common European Interest"

3.     Article 21 of Law 4914/2022 (GG A' 61) "Responsibilities of the Special Services of the National Coordination Authority"

4.     Ministerial Decree no. 102012/20.9.2021 (GG B' 4433) "Definition of terms and conditions for insertion in the Program of Public Investments, management, monitoring, control, financing and payment of projects participating in European Major Projects Programs of the Joint European of Interest (SEKEE)"

5.     Ministerial Decree no. 137717/24.12.2020 "Establishment of a Committee for the planning, coordination and monitoring of the required actions for the country's participation in the planned Important Projects of Common European Interest (IPCEI)"

6.     Ministerial Decree no. 16741/09.02.2021 "Establishment of a Committee for the planning, coordination and monitoring of the required actions for the country's participation in the planned Important Projects of Common European Interest (IPCEI)"

7.     Ministerial Decree no. 93312 - 25-08-2021 "Modification of Decrees on the Establishment and Formation of a Committee for the planning, coordination and monitoring of the required actions for the country's participation in the planned Important Projects of Common European Interest (IPCEI)

 

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