The company came from the transformation of the Legal Entity of Public Law "Port Fund of Elefsis" into a S.A., in accordance with the provisions of Law 2932/2001 (Government Gazette 145Α / 27-6-2001).
The share capital of the company resulted, as provided by the relevant provisions of Law 2932/2001, from the inventory, valuation and estimation of the assets of the "Port Fund of Elefsis" made by the Committee of Article 9 of Codified Law 2190/1920, 1920. This committee was created specifically for this purpose by the decision of the Prefect of Western Attica under the decision No. 3193 / 23-12-2003 and by its relevant report dated 24/3/2003, the company determined the share capital of the company at the amount of GRD. 305,107,550 or € 895,400.
The identification of the capital was, as mentioned above, with the inventory and valuation of the assets of the "Port Fund of Elefsis" as they were formed on 1/9/2001, ie the fixed assets, receivables, cash and liabilities , which were then depicted in a balance sheet.
By virtue of the decision of the Interministerial Committee for Restructuring and Privatizations No 222 / 5-11-2012 (Government Gazette B 2996 / 12-11-2012), it is transferred without any consideration to the S.A. under the name "Public Utilities Development Fund SA (hereafter referred to as the Fund), wholly owned by the Share, corresponding to 100% of the share capital of OLE SA, with a nominal value of € 895,400.
ΟΝΟΜΑΤΕΠΩΝΥΜΟ | ΙΔΙΟΤΗΤΑ | ΜΕΛΟΣ |
---|---|---|
ΚΟΥΜΠΕΤΣΟΣ ΓΕΩΡΓΙΟΣ | Πρόεδρος Διοικητικού Συμβουλίου | μη εκτελεστικό μέλος |
ΚΑΜΑΡΙΝΑΚΗΣ ΑΠΟΣΤΟΛΟΣ | Διευθύνων Σύμβουλος | εκτελεστικό μέλος |
ΚΑΛΛΙΑΝΟΥ ΑΝΝΑ-ΜΑΡΙΑ | Εκπρόσωπος μετόχου | μη εκτελεστικό μέλος |
ΓΕΩΡΓΙΑΔΗΣ ΙΩΑΝΝΗΣ | ανεξάρτητο μη εκτελεστικό μέλος | |
ΚΑΤΣΟΓΙΑΝΝΗΣ ΧΡΗΣΤΟΣ | Εκπρόσωπος ΟΦΕ | μη εκτελεστικό μέλος |
ΦΙΡΙΠΠΗΣ ΝΙΚΟΛΑΟΣ | Εκπρόσωπος ΕΒΕΠ | ανεξάρτητο μη εκτελεστικό μέλος |
ΧΡΗΣΤΟΥ ΚΩΝΣΤΑΝΤΙΝΟΣ | Εκπρόσωπος ΟΜΥΛΕ | μη εκτελεστικό μέλος |
The Port Authority Elefsis according to the Law 2932 (Government Gazette A'145 / 27-6-2001), the "Administration and Exploitation Body" of the port of Elefsis, within the meaning of Law 2971/2001 (Government Gazette A'285).
The background, which defines the current competencies and the jurisdiction of OLE SA, is summarized as follows:
- In 1923 the Municipal Port Fund of Elefsis was established
- The NW 14 / 19-01-1939 (Government Gazette 24) Concerning the codification of the text provisions of the Ports
- With the no. 351496/82/92 decision of the Minister of Merchant Shipping, Elefsis was ranked in the 1st category of Ports of National Importance.
- By the Ministerial Decision 3131.2 / 08/94 Government Gazette B'449 / 16-9-1994 of the Minister of Mercantile Marine, the Special Regulation of the Port of Elefsis is approved with no. 43 "Decommissioning of ships at Elefsis anchorages", where the conditions, controls and decommissioning and re-launching procedures of decommissioned ships are determined, and in particular Article 10 (1) defines the decommissioning areas in the Gulf of Elefsis as "Area A" Area B '' and 'Area C' and expressly prohibits the stay of decommissioned ships outside these areas. The ship decommissioning areas are marked on a scale of 1: 25,000, on a background of Hydrographic 412 / 6-1993 of the Hellenic Navy Hydrographic Service.
- According to the Ministerial Decision YEN 3413.13 / 02/01 (Government Gazette B 1447/2001) "Determination of the port area of the Elefsis Port Authority SA" are defined:
- - the boundaries of the port area of the Port Authority of Elefsis and its associated spaces as described or appear respectively in previous laws.
The geographical area of responsibility of the Port Authority of Elefsis is defined in Article 2 of the Law. 37/74 (Government Gazette 99). By Law 2932 "Free provision of services in maritime cabotage Establishment of the General Secretariat of Ports and Port Policy - Conversion of Port Funds to Societes Anonymes and Other Provisions" (Government Gazette A 145 / 27.6.2001): The Legal Entity of Public Law under the name "Municipal Port Fund of Elefsis" was transformed into a Public Limited Company under the name" Port Authority of Elefsis" and headquarters in the Municipality of Elefsis (article 21, § 3 and 4). It is explicitly stated that these Port Organizations SA are utilities for the purpose of serving the public interest and are under the supervision of the Ministry of Economy and Finance and are governed in addition by the provisions of Law 2190/1920 (Government Gazette A 144). 14/39 (Α '24) and Law 2344/40 (Α' 154), as they apply each time (Article 21, § 5). The procedures for the transfer to SA were determined. of the assets of the Municipal Port Fund, the establishment of the SA's operation, the content of its statutes, its management, etc. It is also stated (Article 21, § 10 and 11) that:
"The necessary for the fulfillment of the purpose of the SA regulations are issued by the Board of Directors, upon recommendation of the Board of Directors. Pending the adoption of the regulations referred to in the preceding paragraph, the relevant provisions in force at the time of the entry into force of this Law (§ 10)
Where in the applicable legislation or in public or private documents the name of the Port Fund that is transformed is mentioned, since the entry into force of the law of affiliation, SA. (§ 11) »
Also, the content of the statutes for each Port Authority SA (article 22), in which (according to the purpose) of the Company are included:
- Providing all kinds of port services to users. Upgrading, maintaining, improving and developing the port.
- The provision of mooring services for ships and the carriage of passengers, vehicles, cargo.
- The installation, organization and operation of all types of port infrastructure.
- Undertaking and implementing programs, studies and projects related to Port Authority activities funded by national, community or other resources and which are part of the national port policy.
- Undertaking any activity related to port work as well as any other commercial and business activity beyond traditional port services including, but not limited to, tourism, cultural, fishing, planning and port service organization.
- Upgrading the services and infrastructures provided through technological and organizational modernization.
- The care of the aesthetic and functional structure of the port.
- Constructive cooperation with the users of the port and local and grass-roots local and regional authorities.
- The constructive cooperation and the undertaking of any activity related to the administration and operation of the ports of the country.
- The assumption of "General Manager" functions of the Port Zones areas in the context of the general planning and development of the country's port capacity, the formulation of a national port policy on behalf of the State and the wider community.
- Any other activity entrusted to the Port Facility as legal persons governed by public law.
»
It is also foreseen the possibility of granting the right to use and exploit the areas (buildings, land and port works located within) of Limenas (Article 24) by a contract concluded between the Greek State, represented by the Ministers of Merchant Marine and Economy & Finance and the Port Authority.
Pursuant to article 20 of Law 2971/2001 (Government Gazette 285 / 19.12.2001) "Aegean, beach and other provisions", the port sea area is defined:
- The sea area includes the port basins (adjacent to the seashore or any constructed quays, moles, piers) and sea to a distance of five hundred (500) meters from the shores of the terrestrial zone. This area is constrained on both sides by a conceivable circle with the center of the end of the terrestrial zone and a radius of five hundred meters and enclosing the sea area from a point of the seashore situated at a distance of five hundred meters from the edge of the terrestrial zone until it meets the above line at a distance of five hundred (500) meters from the shores of the land area.
- If the waters of the Marine Zone are shallow, the sea port zone may extend beyond the five hundred (500) meter line until it encounters the isotope line of thirty (30) meters."
In May 2003, the Concession Contract between the State and the Port Authority of Elefsis SA was signed, pursuant to Article 24 of Law 2932/2001 (Government Gazette A 145/27 June 2001), in conjunction with the legislation in force governs the port land area as a public utility, in particular the provisions of Law 2971/2001, of the Law no. 444/1970, article 14 par. 2 of Law 2881/2001, the provisions of the Decree No 14 / 19-01-1939 (Government Gazette 24 A) and the provisions of Law 2575/1998. which is granted to OLE SA, the exclusive right to "use and exploit the land, buildings and installations of the land harbor zone of Elefsis Port. This right extends, inter alia, (Chapter 2, § 2.2):
- "In the covered or uncovered parts of land (land) of the land harbor zone of Elefsina Harbor, as they are currently located, 3413.13 / 02 / 19-10-2001 The Ministerial Decision, annexed hereto as Annex A 'and is an essential and integral part thereof,
- in the extensions of spaces and works as defined in Article 2.6 of this
- in the maritime area of Port as defined by Law 2971/2001 and its more specific terms. "
In addition, the same Convention stipulates that (Chapter 9, § 9.7)
"The Port Authority of Elefsis will be responsible for the protection of the terrestrial and marine environment and antiquities and will observe the provisions in force. The Port Authority of Elefsis will take particular care and take initiatives to comply with all the requirements for waste management, waste management and the prevention and remedying of environmental damage and the recovery of wrecks in its area of responsibility, as defined in § 2.2 of the present, in accordance with the legislation in force, by the appropriate means, equipment and necessary personnel. "
With the Joint Ministerial Decision no. 8315.2 / 02/07 / 2.2.2007 "Classification of Ports" (Government Gazette B'202), the Port of Elefsis is designated as a Port of International Interest.
According to the above and the provisions of Joint Ministerial Decision 1028241 of the Ministers of Economy and Finance-Merchant Marine "Determination of Sites Assimilated to Port Area", par. 2 and 3 of Article 1, the following decisions were made:
With the no. 1636 / 19-3-2010 (APA 143 / 23-4-2010) decision of the Secretary General of the Region of Attica, "Extension of the Elefsis port sea area and redefinition of the boundary line", approving the number . 12/123 / 13-5-2008 and 8/136 / 26-11-2008 decisions of the Board of Directors. of the Port Authority of Elefsis, it was decided to extend the sea zone of Elefsis port beyond the 500 meter line until it meets the 30 m isobath line in front of the assimilated terrestrial zones of Elefsis and Aspropyrgos and the redefinition of the boundary line. The sea zone is depicted on hydrographic map 412/6 of the Hydrographic Service and accompanies the above GG.
- By virtue of the decision of the Secretary General of the Attica Region 1635 / 19.3.2010 (published in the Government Gazette Α.Α.Π. 144 / 26-4-2010), "Determination of areas assimilated to a Port Area", which approved the number . 13/128 / 22-8-2008 and 13/153 / 16-10-2009 decisions of the Board of Directors. of the Port Authority of Elefsis SA, it was decided to treat the areas of Perama, Perama and Pachis Megara with the Port Area and the re-charging of the Terrestrial Zone of the above mentioned areas, as they are depicted on 13-10-2009 topographic diagrams of METROGEONET SA The sea port area according to the above provisions of Ν2971 / 01 against this land area is set at 500 meters.
- Ministerial Decision 8322.7 / 03/2011, dated 26.4.2011, of the Minister of Maritime Affairs of the Islands and Fisheries, entitled "Modification of the boundaries of the Port of Port Authority of Elefsis Area and its simulated sites", replaced the aforementioned 3413.13 / 02/01 of 19/10/2001 and ratified the abovementioned Decisions of the General Secretariat of the Attica Region. With this Decision:
- The boundaries of the Zone of the Organization of the Port Authority of Elefsis are formed and the places treated as such, in accordance with the regulations:
- No. 17474 / 16.3.36 decision of the Minister of Transport "On the approval of a practical committee for the determination of a land area of the port of Eleusis".
- (Government Gazette 656Δ / 7.6.92) "On the approval of the extension of the modification of the land area of the port of Elefsis to the place of Kalymbaki and Petrolla SA".
- Decision No. 827 / 3.2.2000 of the Secretary General and No. 91/2000 of the Elefsis Port Company Act "On the equalization of areas with the harbor zone of Elefsis".
- No. 1635 / 19.3.2010 (144 APA) decision of the Secretary General of the Region of Attica, "On the designation of areas that are equated with Port Zone".
- No 1636 / 19.3.2010 (143 APR) decision of the Secretary General of the Region of Attica, "On extension of the Elefsis port sea area and redefinition of the boundary line".
- The geographical area of responsibility of the Port Authority of Elefsis is defined in Article 2 of the Law. 377/74 (ΦΕΚ 99Α), according to which it "starts on the east side from the text in the special position" Palaska "of Skaramagas Pier SA. "PASSAS" [1] and continues towards the west ending despite the location of 61 km of the old National Road of Athens - Corinth, where the boundaries of the Prefecture of Attica are also reached.
The above is reflected in the surveying of the geographers Georgiou Bartzi and Demetriou Legaki, where the boundary line of the port's harbor zone and the lines of the beach and coastline are placed according to the following DS and JMD as well as the plans of the current situation.
- GG 359/D/4-10-1977
- GG 21/D/15-1-1979
- GG 592/D/5-10-1980
- GG 356/D/19-7-1985
- GG 656/D/ 7-7-1992
- GG 1061/D/13-10-1994
- GG 1147/D/4-7-1994
- GG 680/D/12-10-2000
- GG 866/D/18-16-2001
- Prefect decision 7448/04-5-79
By virtue of Ministerial Decision 8216.04 / 04/4/12 Government Gazette A '184 / 27-9-2012 of the Minister of Competitiveness and Shipping, 01 / 18-7-2006 Decision of the 27th Session of the Hellenic Ministry of the Environment, "Approval of Land Uses-Terms and Building Restrictions in Parts of the Territory of= the Port Authority of Elefsis".
With the Decision No. 52738 / 7-5-2021 of the Coordinator of the Decentralized Administration of Attica (Government Gazette ΔΔ 237 / 8-5-2021) on the Modification of the boundaries of the Land Zone (Χ.Ζ.Λ.) of Eleusis according to the Art. 21 of Law 2971/2001 ”the modification and redefinition of the boundaries of the Land Zone (X.Z.L.) of Eleusis took place.
With the No. 3113.10-13 / 40918 / 8-6-2021 (Government Gazette Δ΄368 / 25-06-2021) Decision of the Minister of Shipping and Island Policy on “Determining the Boundaries of the Port Zone of the Eleusis Port Authority A. Ε. ” the boundaries of the Port Zone of the Eleusis Port Authority SA were determined. and
The Ministerial Decision 8322.7 / 03/2011, of 26-4-2011 of the Minister of Maritime Affairs, Islands and Fisheries, with the title "Modification of the boundaries of the Port Zone of the Eleusis Port Authority SA and its simulated areas" (Government Gazette AAP) 111)