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A new amendment has been submitted to the bill “Measures to strengthen vulnerable workers and social groups, social security standards and provisions to help the unemployed”.
The provisions of this amendment regulate matters within the competence of the Ministry of Finance.
Particularly:
1. The beneficiaries of the heating subsidy are redefined. Specifically, from now on, it will be provided to consumers of subsidized heating fuels (to be determined by the AU), instead of exclusively to consumers of indoor heating oil, which is currently in force.
2. An extraordinary extension is granted for three (3) months in special management procedures and for fourteen (14) calendar days in public tenders of Law 4307/2014 until 12/31/2020.
Fundamental reason
Article 1 The aim is to change the scope of the enabling provision, in order to provide consumers with a heating subsidy not only for the use of heating oil, but also for the use of other types of heating fuels, to be determined by the same decision.
Article 2 The regulation addresses the issue of difficulties of all kinds that arise in special handling procedures due to restrictive measures to deal with the pandemic and the general disruption that they cause in the procedures required for the expression of interest and the participation of the interested. In particular, current circumstances can make it difficult for assets to be sold to mature smoothly and make it difficult to obtain the necessary documents to submit one’s own bids, thereby discouraging potential interested investors.
Due to the great importance of the successful outcome of the special management procedures and, in particular, given the challenges faced by those who are going towards their end, the proposed regulation provides for the extension, by three (3) months, of the completion time of the procedures. special procedures that go through the last six months of their duration or that are already going through the extension of article 89 of law 4714/2020, if in any case its expiration occurs, until 12.31.2020. In parallel, with the proposed regulation, bidding procedures that are completed until 12/31/2020 are extended for fourteen (14) calendar days, as well as those that were completed during the period from 11/7/2020 until the entry into force of this . In any case, the special administrator must observe the type of publicity required of the procedures.
This will facilitate your smooth progress and completion and, in particular, increase the chances of rewarming the interest of national and international investments by the time the relevant tenders are announced or completed.
Why is a problem?
Article 1 The current regulation of section 8b of article 36 of law 3986/2011 (A ‘152) refers to the granting of a heating subsidy for the use of diesel.
Article 2 The difficulty of these critical procedures, due to the multitude of problems that arise due to the COVID-19 coronavirus pandemic, is a problem for the consolidation process of companies under special management, since it does not allow the smooth culmination of maturation of assets or fluent participation in competitions and the development of a strong interest.
What organisms or population groups does it affect?
Article 1 Beneficiaries: consumers of subsidized heating fuels, as defined in the regulatory decision based on the criteria established therein.
Article 2 The regulation evaluated refers to the business entities that are subject to the special management of articles 68 and following of Law 4307/2014 and constitute the scope of this regulation. The implementation of the provisions of the regulation is expected to substantially facilitate the completion of the relevant procedures and increase the prospects of reactivating investment interest for specific companies.
AMENDMENT OF THE MINISTRY OF FINANCE
IN THE BILL OF LAW OF THE MINISTRY OF LABOR AND SOCIAL AFFAIRS
TITLE “Measures to support workers and vulnerable social groups, social security regulations and provisions to help the unemployed”
PROPOSED PROVISIONS
Article 1
Provision of heating subsidy
1. By decision of the Minister of Finance, it is possible to grant a heating subsidy to consumers of subsidized heating fuels defined by him. The same decision determines the amount of the allocation, the criteria based on which the allocation is granted, the beneficiaries, the authority responsible for granting the allocation, the Special Body and the Exit Code of the budget to which the expenses correspond, the procedure for their payment and control, the way in which the necessary credits will be committed, the bodies responsible for offsetting and paying said expenses, the required supporting documents, the responsibility of the liquidators, the paying agencies and those of the payment orders and the form of its reimbursement, by repealing Law 4270/2014 (A ‘143), the costs of payment of compensation, the procedure for displaying the corresponding expenditure in public procurement, as well as the necessary details for the application of this regulation . .
2. The above expenses are not subject to control by the Court of Auditors.
3. As of the entry into force of this document, subsection 8b of article 36 of Law 3986/2011 (A ‘152) is repealed.
Article 2
Extraordinary extension of the duration of certain special management procedures of Law 4307/2014
1. For all special management procedures, their legal duration, according to section 3 of article 69 of Law 4307/2014 (A ‘246), expires within the period between the moment of entry into force of this document until the 12/31/2020, this period is automatically extended for three (3) additional months. The extension of the special management time also covers the procedures that are already in the extension of article 89 of Law 4714/2020 (A ‘148), since its expiration in any case would take place until 12.31.2020.
2. In public tenders within the framework of special management procedures, which have already been called in accordance with the provisions of article 73 of Law 4307/2014 and if the deadline for submitting binding offers is within the period from the date of entry into force of this until December 31, 2020, the special administrator may, through his act, be published in accordance with the provisions of section 4 of article 73, no later than two (2) days before the previous term , extend the deadline for submitting offers for a period of time. for an additional fourteen (14) calendar days from the original closing date.
3. Especially for public tenders under special management procedures whose initial deadline for the submission of binding tenders was 11.7.2020, the date of entry into force of the restrictive measures to deal with the coronary artery disease pandemic and COVID-19. Upon the entry into force of this, the special administrator may extend the term of submission of offers for an additional period of fourteen (14) calendar days, which is valid retroactively from the originally established term. This extension is considered valid under the following conditions: a) before it enters into force and before the expiration of the date initially set for the submission of offers of the previous offers, within the previous term, the special administrator has published on its own initiative by any suitable means and in particular by publishing on the website of each company a notice announcing the extension of the deadline for the submission of offers, and (b) within the time absolutely necessary from the entry into validity of the same, the Special Administrator must publish a record containing at least the new ones, after the extension, term and time of presentation of the offers for their opening, in two panhellenic newspapers, in the General Registry of Commerce (GEMI), on the company’s website on the internet as well as in the information system of the Tax Administration. In any case, the extension deed may not stipulate an expiration date less or greater than fourteen (14) additional days from the original expiration date.
Athens, November 24, 2020
