NEW REGULATIONS OF THE MINISTRY OF P.E.A., GOVERNMENT LEASES, HEATING COSTS AND EXTENSION OF OBJECTIONS AGAINST FOREST MAPS!

Extension of the engineer’s certificate.

Article 76 Electronic Building Identity – Amendment of of article 62 of Law 4495/2017

In Article 62 of Law 4495/2017 (A΄ 167) a last paragraph is added and the article is formulated as follows:

“Article 62 Transitional provisions – Authorizing provisions of Chapter Two of Section B” By decision of the Minister of Environment and Energy[1] the date of commencement of operation of the Electronic Registry is determined .

Until the date set by the above decision, the validity of the provisions of articles 54 to 61 hereof is suspended. From October 1, 2021 until December 31, 2021, it may, instead of those defined in this chapter, for any deed during life including the donation cause of death, the object of which is the transfer or creation of a real right in real estate or in real estate without building, to attach a responsible statement of the owner and an engineer’s certificate of article 83.”

The Coordinating Committee of the Notaries Associations of Greece clarified in its circular that the new engineers’ certificates to be valid they must have an autopsy date from 1.10.2021 and a two-month validity. From 1.1.2022, transfers of all kinds will only be made with an electronic building identity certificate.

The law in question provides for the following (in bold the points that interest the owners of buildings for P.E.A. building leases to the State, allocation of heating costs and four-month extension of the deadline for objections to forest maps):

PART A

The purpose and object of the proposed provisions are determined, which regulate issues related to the enhancement of energy efficiency and its savings, in particular through intervention programs on of buildings, the greater penetration of Renewable Energy Sources (RES), etc.

In addition, issues related to the organization and operation of the energy market and in particular in the regulation and strengthening of competition in the electricity market. (articles 1 – 2)

PART II

The above Directive (EU/2018/2002) on energy efficiency is incorporated into national law and amendments are made to the current legislation (based on Law 4342/2015), the main ones of which focus on the following points:

1.a. A framework of measures is established, in order for our country to contribute to the achievement of its primary goals for the year 2030 for at least 32.5% in energy efficiency as well as for further improvements.

b. As measures for the indicative national energy efficiency contribution to achieve the aforementioned goals, which is equivalent to 16.5 million Tons of Oil Equivalent (T.I.P.) of final energy consumption, the energy upgrade of residential buildings, public buildings, tertiary sector and industrial units, the Energy Performance Obligation Regulations and the competitive procedures in combination with efficient heating-cooling from Renewable Energy Sources (RES).

c. It is foreseen that the preparation of Building Energy Performance Plans (EBPS), under the responsibility of the Regional Governors and Mayors, is a prerequisite for the inclusion of local self-government bodies in financing programs for the energy upgrading of their buildings.

d. The required energy performance conditions of buildings purchased or leased by public bodies are defined as well as the process of concluding the relevant purchase or lease contracts, with the possibility of increasing or decreasing the rent in cases of buildings of a higher or lower energy category respectively.

e. It is planned to create an electronic platform “Building Cert” in which all the necessary supporting documents proving the energy category of the property or its energy upgrading works and interventions are registered. (articles 3 – 7 in conjunction with article 29 par.4)

2.a. A national cumulative end-use energy savings target is established for the period from 1 January 2021 to 31 December 2030 (equivalent to 7.3 million T.I.P.) and for ten-year periods after 2030.

b. The energy efficiency enforcement regime ensures that energy distributors and energy retail companies (mandatory parties) act to meet the national cumulative energy saving target for final consumers by 31-12-2030.

Furthermore, it is specified that the required energy savings are achieved by establishing an energy efficiency obligation regime, by taking alternative policy measures or by a combination thereof.

c. It is foreseen: i) the establishment, by ministerial decision, of the Regulation on the Operation of the Energy Performance Obligation Enforcing Regime, which defines in particular issues of implementation of the energy efficiency obligation (overall cumulative target, selection of obliged parties and distribution of the energy saving target to them, compliance costs, acquisition costs, etc.),

1. ii) the issuance of a decision by the competent body to establish the discrepancies of the obligated parties after the liquidation of the regime by the management body and the fulfillment of the objective or part of it by the obligated parties by acquisition or transfer. The acquisition cost is an income of the Special Energy Efficiency Fund and is collected through the Public Financial Services (P.O.Y.), in accordance with the provisions of the current legislation. (article 8 in conjunction with article 29 par.1)

3.a. Issues relating to:

– consumer access to information on metering and pricing for natural gas and electricity as well as energy consumption pricing are redefined for heating, cooling and hot water for domestic use, and in particular, the general obligations of energy suppliers to final consumers are defined (provision of all bills and pricing information on energy consumption free of charge, free access to data on their consumption, etc. .etc.),

– the promotion of energy efficiency during the supply of consumers (heating, cooling) as well as during the operation of transmission, conversion and distribution infrastructures of energy,

– the ability to carry out high-quality energy audits and the certification of energy auditors (qualification recognition system, information, training, etc.).

b. It is foreseen to define, by ministerial decision, the calculation methodology and the procedure for imposing sanctions on Energy Auditors and energy distributors as well as non-SME companies and retail companies that do not comply with their relevant obligations. (articles 9 – 19 in conjunction with article 29 par.2)

4.a. A format of competitive procedures is established for the promotion of actions to improve energy efficiency, which are announced each time by a ministerial decision, which determines, among other things: i) the amount of the participation fee in the competitive process, which is paid in favor of the Implementation Body and ii) the amount of the remunerative fee for conducting the competitive process, the payment of which is distributed to the competent bodies as the case may be.

b. The Administrator of Renewable Energy Sources and Guarantees of Origin (D.A.P.E.E.P. S.A.) is designated as the competent Implementation Body for the implementation of the competitive process, the validation of the results, the signing of each relevant contract and the granting of the aid, as specifically defined.

c. After the selection of his offer in the context of the competitive process, each beneficiary receives financial support for the energy savings he achieves, as specifically defined.

d. The competent bodies are defined for: i) the control of the implementation of the energy efficiency improvement interventions (the D.A.P.E.P.E.A. A.E.) and ii) the verification of the implementation of the improvement interventions of energy efficiency (the Center for Renewable Sources and Energy Conservation (K.A.P.E.).

e. It is intended for participants in competitive procedure, the obligation to present letters of guarantee of participation and a guarantee of good performance, if their offer is selected for support, which are forfeited in accordance with the provisions of the announcement of the competitive procedure. (article 20)

5. An Action Plan for Tackling the Energy Gap is expected to be drawn up by 31.12.2021, with a ministerial decision which will apply retroactively from 26.9.2021, henceforth repealing the definition provision five-member Commission for its implementation. ., transparent, publicly available national rules on the allocation of the costs of heating, cooling or domestic hot water consumption in apartment buildings or multi-use buildings with district heating or cooling or shared cooling or heating systems, to ensure the transparency and accuracy of distribution of individual consumption, as specifically defined. (article 22)
6. Annexes IV, V, VII, VIII, XI of Law 4342/2015 are amended and Annex VIIa is added, regarding the minimum requirements for pricing and consumption information for heating, cooling and domestic hot water. (articles 23 – 28)
7. Authorizing provisions and the repealed provisions of the existing legislation are listed which refer to matters of energy efficiency and conducting energy inspections. (articles 29 – 30)

PART C’

Provisions of the existing legislation (law. 4122/2013) regarding intervention programs in the building sector, the Energy Performance Certificate and among others are amended:

1.a. It is possible to delegate the execution of part of the procedures and actions, related to interventions in the building sector to improve the energy efficiency of buildings, to bodies of the wider public sector (n.p.d.d., n.p.i.d. ., public enterprises or even private sector bodies) that are selected in accordance with the current legislation on public contracts (n. 4412/2016).

b. The specific procedures, criteria, conditions and conditions for the selection of the above entities and the execution of the works by them, the procedure and the conditions for the transfer of credits from the Public Investment Program (P.D.E. ), the required supporting documents for payments as well as any other matter related to the financial management of the programs. (article 31)

2.a. Matters regarding the validity period of the Energy Performance Certificate (EPC) are redefined in the specially mentioned cases (it has been issued for a building unit where it has been separated or merged with another building unit and no longer exists).

b. Regulations are introduced regarding the obligation to carry out an audit for all P.E.A.s, in the event that the lessee or buyer of a building or building unit is a body of the Central Government or if it belongs to the General Government, and the lack of the audit and attachment thereof constitute grounds for invalidity of the respective contract, as specifically defined.

c. In particular, matters of carrying out the audit in question (determination of the prescribed administrative sanctions, conditions for the mandatory audit, cases of exemption from it, etc.). determined by ministerial decision. (articles 32 – 34)

PART D’

Regulations are introduced to ensure the penetration of Renewable Energy Sources (RES) and the efficient operation of the electricity market. In particular, among others:

1. Increases, from 500KW to 3MW, the permitted installed electrical power within Residential Control Zones (Z.O.E.) for biomass or biogas electricity generation units. The regulation in question also applies to pending applications for the issuance of a decision to approve environmental conditions (A.E.P.O.) or an operating license. (article 35)
2. Issues related to the Energy Communities (E.Com.) are re-regulated, regarding the distribution of surpluses of use to their members, their dissolution and corporate transformation, financial incentives and the support measures of the EU, and the transfer of power plant licenses from A.P.E. is allowed. and S.H.I.T.Y.A. and Hybrid Stations belonging to said Communities and natural or legal persons. In particular, among others:

a. It is provided that:

1. i) in case of transformation of an E.Com. in corporate form, the projects of A.P.E. or S.H.I.T.Y.A. of the company lose the privileges that govern them when these are implemented by E.Com., regarding the compensation price of the energy produced and the evaluation priority for granting a production license or Electricity Producer Certificate or Special Projects Certificate or for granting a definitive connection offer, according to as defined,
2. ii) in case the E.Com. have already entered into an Operational Support Agreement, they are required to inform the competent bodies (licensing, administrator and D.A.P.E.P. S.A. or D.E.D.D.) of the above amendment without delay. UN SA).

b. Redefined:

1. i) the status of priority examination of applications submitted by E.Com. for the granting of a Producer Certificate for power plants by A.P.E. and S.H.I.T.Y.A. and Hybrid Stations,
2. ii) the maximum limit of installed power (from 1 MW to 3 MW) for RES stations. and S.H.I.T.Y.A., who receive compensation for the energy surplus, which is paid by the suppliers in favor of the A.P.E. Special Account. and S.H.I.T.Y.A. (Article 143 of Law 4001/2011). (articles 36 – 40)
3. Issues related to:

a) A.P.E. projects are regulated. and S.H.I.T.Y.A. in stations that have been selected in competitive bidding procedures,

b) transactions based on the Regulations for the new electricity markets of the Model – Objective, after the 1st. 11.2020 [suspension of the Daily Energy Planning (DEP) and the Electricity Transactions Code] and

c) the procedure for granting a license for ownership and management Directly Line.

Specifically, among other things, it is provided that the stations, which are selected in competitive bidding procedures announced after 1.1.2021, conclude an Operational Support Contract with D.A.P.E.P.E.P. A. E. within the set deadlines, otherwise the letters of guarantee presented are forfeited and the stations are not entitled to apply for aid of any kind. Furthermore, the procedure followed is described in detail (selection of the next station in the series of discount ranking for inclusion in the operating aid regime, determination of the Reference Price of this station, obligation to present the required letter of guarantee, possibility to cover the auctioned power by the last station selected during the above etc.).

In the event that the owner of an A.P.E. or S.H.I.T.Y.A., which has been selected in a competitive process according to the above, terminates the Operational Support Contract before the end of its contractual term, a monthly fine is imposed by D.A.P.E. E.P. S.A., in favor of the Special Account A.P.E. and S.H.I.T.Y.A. (Article 143 of Law 4001/2011), in accordance with the provisions. Failure to pay the said fine within the mentioned time period, entails the deletion of the station from the relevant registers kept by D.A.P.E.P.E.P. S.A. and the prohibition of the owner’s participation in the Electricity Markets as well as the prohibition of submitting an application for any form of aid for this station. (articles 41 – 43)

PART V

Includes arrangements for the implementation of the European Commission’s mentioned decision on the fulfillment of our country’s commitments from 1 September 2021 to take structural measures in the electricity production sector using lignite. In particular:

1.a. The obligation of PPC is established, through its participation in one or both organized energy derivatives (in the sense of) during the commitment period (from 10 September 2021 and at the latest until December 31, 2024) , to create a net seller position in quarterly Greek contracts of future fulfillment (ESME), with the amounts of lignite electricity provided and the defined timing of lignite unit withdrawal.

To calculate these quantities, lignite electricity production is not taken into account for strategic reserve purposes, while buyers of these quantities, by training the aforementioned contracts, may be eligible buyers, with the meaning defined.

b. The method of identifying the above quantity of electricity is determined and the division of products is provided and the transfer to the respective ESME is foreseen. of the following year of application within

Commitments period, any divergence quantities (as specifically specified). ; ”> c. A specialized adviser (International Investment Bank or other International Financial Advisor) is assigned to monitor the aforementioned commitments and objectives. This Counselor acts as a European Commission and is independent of the Greek State, the RAE, the Capital Market Committee, any organized energy derivatives manager, PPC. and its affiliates. (Articles 44 – 47)

2. It is foreseen to remove the structural disinvestment measure, as established by Law 4533/2018, and specifically:

>- in accordance with the specific procedure is permitted, the merger by absorption by PPC is permitted. of the companies “LIGHTITY MAGOPOLIS SA” and “LIGHTITIKI MONITOR SA”. In PPC It is automatically as a universal successor, all the assets of assets and liabilities, the rights, the obligations and generally, the legal relationships of the absorbed companies, including the rights of research and exploitation on lignite deposits, as well as administrative and authorizations, offered to the above companies. is exempt from the obligation to pay proportional and fixed notarial rights, it is not required to submit to the relevant Public Financial Service (DOY) Null Statements of Transfer Tax, PPC data. Deflected tax requirements and liabilities, etc.]. It is automatically substituted in all the rights, obligations and legal relations of the absorbed companies concerning their employees with contracts or employment relations, except for the defined exceptions. (Article 48-49)

PART F ‘

The framework governing environmental controls is reformed, namely:

1.a. The process of environmental audits (reporting, actions in cases of infringements, non -compliance with the planning of corrective actions and reciduing offenders, performs extraordinary audits, special prediction for violations that endanger the public interest, management of public interest, management of public interests, management. etc.). Authorization is provided, for the specialization, by Ministerial Decision: i) of violations by type of work or activity and ranking them into four (4) categories (Low, Mitia, Important and Very Significant Severity), ii) of the Content of the Correctional Plan Actions, iii) of the Model of Compliance Action (“MES”) for Environmental Inspections (Article 149 Law 4512/2018) etc. (Article 50)

2. Recommended to the Ministry of Environment and Energy, Directorate -General for the Corps of Inspectors and Auditors, which belongs directly to the Minister of Environment and Energy and replaces the Special Environmental Inspection Service (EYEP), assuming its responsibilities. (Article 51)

3.a. Introduce transitional provisions (processing pending cases of environmental inspections, inspections and enforcement of administrative sanctions for environmental violations, application of the excellent direct energy process of the auditor in cases of infringements that endanger the public interest). -align: justify; “> b. The existing status on how, bodies and the procedure for enforcing and collecting the administrative fines referred to in article 30 of Law 1650/1986 is abolished. (Articles 52-53)

PARTS Z ‘ ; “> Specific provisions of Law 4819/2021 on waste management and specifically:

1.a. Issues related to the self-control of Alternative Management Systems and clarifies the obligations of waste plants. The operation of the Hellenic Recycling Organization (EOAN) are regulated on the conditions for the position of the position of its Director General, and it is provided by the Organization of the Party of the Environmental Protection Contribution for Plastic Products (Article 4 (4) (Article 4 (4) .3e of Law 4736/2020) as funding to disposable plastic production companies. (Articles 54 – 57)

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3. Removes arrangements for the National Organization for Alternative Management of Packaging and Other Products (EOEDSAP) (NPID) replaced by EOAN), and in particular to the Administration Bodies (Board of Directors) and its resources, the Consultation Committee on Alternative Management with Social Partners and Professional Bodies and Other Organization and Operation Issues of the Entity (Economic Issues , staff issues, decisions to run competitions, etc.). (Article 58)
4. extended from its expiration, for four (4) months, the deadline for submitting objections against the content of the forest maps, the posting of which is implemented within 2021. Extension extends for twenty (20) days for those who live permanently or reside abroad. (Article 59)

PART Align: Justify; ”> Adjustable issues of jurisdiction of the Ministry of Environment and Energy, and in particular:

1. redefined / equated the percentages attributed to the Green Fund ( 50% from 70%) and at the Center for Renewable Sources and Energy Saving (KAPE / 50% from 30%), from the amounts of the fees received, from: a) Energy Inspectors for their registration in the Energy Inspector Register; and (b) the debtors and beneficiaries, by energy inspection, for the management of the Building Inspection Archive, for the benefit of the Center for Renewable Sources and Energy Saving (KAPE).

– At the same time, the limitation of two hundred thousand (200,000) euros as the highest amount rendered in the above annually to the KAPE.

– The above arrangements apply to the amounts of the fees received from 1st.1.2022 onwards. (Article 60)

2. extended from its expiration and up to 15.9.2022 maximum, the suspension of the issuance of construction approvals, building permits and the execution of each building work for a specific area of ​​the Mount Ymittos Mountains ( N. Attica). (Article 61).