Hellenic Single Liaison Office-Consumer Policy Directorate/General Secretariat for Consumer Affairs/Ministry of Development

HELLENIC REPUBLIC
MINISTRY OF DEVELOPMENT
GENERAL SECRETARIAT FOR CONSUMER AFFAIRS
CONSUMER POLICY DIRECTORATE
CONSUMER POLICY DEPARTMENT

Address : Kaningos Sq.
PO Box : 101 81 Athens-GR
Contact : Kalliopi Oikonomou
Tel : +30 210 3821618
Fax : +30 210 3841832
E-mail : oikonomou@efpolis.gr
Website : www.efpolis.gr




CORRECTED VERSION
Athens, 11 February 2009
Ref. No. Z1 126



TO:
European Commission
DG Sanco-Consumer Affairs
Unit B5
Attn: Ms Yasmina Bourouis
Email: yasmina.bourouis@ec.europa.eu


cc: Office of the Secretary General for Consumer Affairs



Subject: Biennial report (Article 21 of Regulation (EC) No 2006/2004)
Country: Greece

1. Introduction

Regulation (EC) No 2006/2004 on consumer protection cooperation does not need
to be transposed into the Greek legal order because by definition it is directly applicable
as national law and applies without any further formalities in all Member States from the
date specified in the Regulation and gives rise to rights and obligations for all natural and
legal persons in the Community from that date onwards.
Having said that, it was necessary to take supplementary measures to ensure effective
implementation of the Regulation in Greece. To that end, a working group was
established by Decision No. Z1-685/25.5.2005 of the Minister of Development,
comprised of civil servants and representatives of the ministries involved and other
bodies.
This working group prepared a draft text, and then taking into account the views
exchanged and the concerns expressed during its proceedings, a final legislative proposal
was made. That proposal went on to become Joint Ministerial Decision No. Z1-
827/13.7.2006 on the adoption of supplementary measures to implement Regulation (EC)
No 2006/2004.

That Joint Ministerial Decision designated the Single Liaison Office and the following
Greek public authorities responsible for implementing the Regulation:

The specialist unit operating in Greece as the Single Liaison Office is the Consumer
Policy Directorate of the General Secretariat for Consumer Affairs / Ministry of
Development, which is responsible for staffing and running the Single Liaison Office.
The following competent Greek authorities were designated:

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1. The Consumer Policy Directorate of the General Secretariat for Consumer Affairs
was designated as the authority responsible for implementing 11 of the total of 16
Directives which the Administrative Cooperation Regulation relates to (concerning
misleading advertising, contracts negotiated away from business premises, consumer
credit, unfair terms in contracts, time-sharing, distance contracts, certain aspects of the
sale of consumer goods and associated guarantees, e-commerce, distance marketing of
consumer financial services and unfair commercial practices).
2. The Food & Drink Prices Directorate and the Industrial Products &
Pharmaceuticals Directorate of the General Secretariat for Trade / Ministry of
Development were designated as competent authorities for implementing legislation on
the display of prices for products offered to consumers.
3. The National Organisation for Medicines was designated as the competent
authority for implementing legislation on medicinal products intended for human use.
4. The Hellenic Civil Aviation Authority was designated as the competent authority
for the Regulation on compensation and assistance to air passengers in the event of
denied boarding and of cancellation or long delay of flights.
5. The National Council for Radio & Television was designated as competent
authority for implementing the legislation related to television activities.
6. The Greek National Tourism Organisation was designated as the competent
authority for implementation of the legislation on package travel, package holidays and
package tours.

2. Administrative set up
Particulars of competent authorities, competences, responsibilities, resources and
experience from preparing to implement the Regulation

I. Single Liaison Office - Consumer Policy Directorate of the General Secretariat
for Consumer Affairs / Ministry of Development
Organisation of Competent Authority
Pursuant to Presidential Decree 197/30.7.1997 on the establishment of the General
Secretariat for Consumer Affairs and designation of its competences, the Consumer
Policy Directorate is a service within the General Secretariat for Consumer Affairs and
consists of (a) the Consumer Policy Department and (b) the Consumer Information
Department.
Competences and responsibilities of the Competent Authority
Its main competences are:
To recommend consumer protection measures and lay down policy;
To prepare the annual consumer policy action plan of the General Secretariat for
Consumer Affairs;
To conduct surveys or outsource such surveys and to prepare or outsource
preparation of surveys on consumer protection issues;
To participate in the preparation of studies and programmes in collaboration with
the European Union and international organisations;
To monitor and examine Greek and international legislation on consumer affairs;
To bring Greek legislation into line with Community law on consume protection
issues;
To bring forward legislative proposals to resolve consume protection issues, by
working in collaboration with other departments of the Ministry of Development
or other ministries;
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To codify consumer rights, to identify lacunae in those rights and to propose
solutions to fill those lacunae;
To participate in European Union and international organisation bodies and
committees relating to consumer protection issues;
To exercise the powers laid down by law relating to consumer associations;
To ensure that school-age consumers are trained;
To provide information to consumers either by organising events, seminars and
conferences or by preparing, publishing and distributing brochures and flyers; and
To ensure that consumer offices at municipal and prefectural level received
information in good time.

Competent Authority resources
The Directorates resources are those specified in the state budget.

Preparation for implementation of Regulation at national level
Employees of the Directorate were involved in the legislative drafting working group
(pursuant to Ministerial Decision No. Z1-685/25.5.2005 whose task was to draft and
submit a legislative proposal to resolve issues concerning the practical implementation of
the Regulation. Moreover, they also participated in meetings with experts from the
Member States in Brussels as part of the preparations for implementing the Regulation.
Major difficulties were not identified in the process of preparing for implementation of
the Regulation.

II. Competent authority Consumer Protection Directorate / General Secretariat
for Consumer Affairs / Ministry of Development

Organisation of Competent Authority
Pursuant to Presidential Decree 197/30.7.1997 on the establishment of the General
Secretariat for Consumer Affairs and designation of its competences, the Consumer
Protection Directorate (a) is a service within the General Secretariat for Consumer
Affairs (Article 2 of the Presidential Decree) and (b) consists of 3 departments:
Consumer Goods, Services and Support (Article 5(1) of the Presidential Decree).
Competences and responsibilities of the Competent Authority
Pursuant to Article 5(2) of Presidential Decree 197/1997 the Consumer Goods and
Services Departments have the following competences:
To receive complaints, reports and petitions from consumers and consumer
associations about infringement on Law 2251/1994 on consumer protection;
To investigate whether those complaints are well-founded in collaboration with
other competent departments of the General Secretariat for Consumer Affairs / Ministry
of Development or other Ministries;
To carry out ex officio investigations on infringement of Law 2251/1994;
To request that jointly competent departments carry out the relevant checks in
exercise of their powers and to send the results of such checks;
To outsource expert opinions to the Technical Control Directorate or accredited
laboratories;
To impose the sanctions specified by Law 2251/1994;
To provide advice and assistance to consumers and to ensure that problems are
resolved;
To inform the Consumer Policy Directorate or other department about legislative
lacunae; and
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To collect, code, analyse and examine complaints and send the conclusions to the
Consumer Policy Directorate.
Moreover, pursuant to paragraphs 3 & 4 of the same Article:
All manner of foods and other natural products, whether packaged or not, and
medicinal products, cosmetics and industrial products fall within the remit of the
Consumers Goods Department.
The provision of all manner of services such as tourism services, services offered
by public services and organisations, financial services, insurance, consumer credit
services, building services, medical and nursing services, educational services and all
manner of leasing fall within the remit of the Services Department.
The Support Department oversees that decisions issued imposing sanctions are
legally watertight, provides guidance to the various departments of the General
Secretariat for Consumer Affairs by offering opinions and advice, and collaborates in
preparing draft laws and other administrative decisions relating to matters within the
General Secretariat for Consumer Affairs' remit.

Competent Authority resources
The resources specified in the state budget.

Preparation for implementation of Regulation at national level
Ministerial Decision No. Z1-685/25.05.2005 (Government Gazette 754/B/6.6.2005)
amended by Ministerial Decision No. Z1-1609/12.12.2005 (Government Gazette
1822/B/23.12.2005) established a legislative drafting working group whose task was to
prepare and submit a legislative proposal to resolve issues relating to practical
implementation of Regulation (EC) No 2006/2004.
This working group resulted in Joint Ministerial Decision No. Z1-827/13.07.2006 on the
adoption of supplementary measures to implement Regulation (EC) No 2006/2004 in
Greece.
No difficulties in implementing the Regulation were identified.

III. Competent authority Food & Drink Prices Directorate / General Secretariat
for Trade / Ministry of Development

Introduction
The Food & Drink Prices Directorate and the Industrial Products & Pharmaceuticals
Directorate were designated as jointly competent authorities for the implementation and
harmonisation of European Parliament and Council Directive 98/6/EC of 16 February
1998 on consumer protection in the indication of the prices of products offered to
consumers. To ensure transparent operation of the market and that consumers are
properly informed, the Directorate ensures that the relevant Community Directives are
transposed into Greek law and ensure that suitable measures are taken to correctly
implement them.

Administrative set up
Organisational issues, competences and responsibilities of the service, resources:

The Food & Drink Prices Directorate is part of DG Domestic Trade of the General
Secretariat for Trade, which is part of the Ministry of Development.

The responsibilities and duties of the Directorate (by department) are as follows:
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Department A. Costing, market police controls and price checks
1. To investigate, determine and monitor changes in the production, import and
transport costs of food and drinks;
2. To issue market police decrees or other administrative decisions laying down
costing rules and providing guidance and advice to the Trade Directorates of prefectural
authorities on how to implement those rules;
3. To collect data and information on price changes as part of pricing checking
procedures and submission of price lists, and to organise and maintain records in that
regard; and
4. To check that the market police decrees are being implemented.

Department B. Market police policy for food of animal origin
1. To take measures to ensure adequate food supplies;
2. To participate in inter-ministerial bodies and meetings to develop Greek positions
before decisions are made by Community institutions;
3. To represent Greece before Community institutions and on Commission
committees on food trading issues and to represent the country on EU bodies and
committees in relation to price issues;
4. To lay down the terms and conditions of supply of consumer foods provided this
is not the responsibility of another department;
5. To issue market police decrees to regulate all matters specifically cited in the
market police code and other relevant provisions;
6. To issue circulars, decrees and guidelines on the proper implementation of the
said administrative decisions;
7. To monitor the work of prefectural trade committees, market police decrees, price
lists and decisions issued by prefects and to issue orders revoking such in the case where
they are not in line with the ministrys overall policy;
8. To repeal market police decrees of prefects in line with the Market Police Code
read in conjunction with other provisions on administrative decentralisation;
9. To check and set the sale price of foods offered by wholesalers to retailers;
10. To seize and impound as specified by law; and
11. To provide guidance on how prefectural trade committees operate.

Department C. Market police policy for food of plant origin
The competences of the Department for Market Police Policy for Food of Animal Origin
plus:
- Supervision and control of street markets in Athens, Piraeus and Thessaloniki, the
Athens and Thessaloniki Central Markets and packaging centres as well as wholesaler
markets;
- Setting of guarantees collected when plastic crates and glass bottles are transported; and
- Setting of fees for bread making and baking, and mill grinding fees.

As far as the Directorates competences are concerned, particular importance is attached
to carrying out controls which seek to implement the relevant legislation (as contained in
the Market Police Code and Market Police Decrees) to safeguard the interests of
consumers and problem-free market operations in the most effective manner.
Moreover, the Directorates duties also include imposing sanctions (administrative fines)
on offenders via violation confirmation decisions issued by inspectors during checks
carried out at locations where food is sold (street markets, retail stores) and via decisions
of the General Secretary for Trade: a) for persons violating Law 3475/1955 as amended
and in force, relating to wholesaling of fruit, vegetables and fresh meat to retailers
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outside of Central Markets, and b) for persons violating Market Police Decree No.
3/2008 on the submission of price lists advance notification of price increases.
Article 24 of Law 2941/2001, as amended by Law 3377/2005, introduced provisions
prohibiting the sale of products below cost and imposing administrative sanctions, etc.
Among other things, inspection of whether the provisions of that article are being
complied with has been assigned to this specific Directorate. Under the specific
provisions of the Market Police Code, the Directorate carries out checks and inspections
to determine whether obligees are implementing the provisions of the Legislative Decree
which contains the Code and the market police decrees issued pursuant to it, and where
violations are identified procedures to ensure implementation of the legal requirements
are commenced against the relevant business operators.
Moreover, in collaboration the Ministry of Developments legal advisor the Directorate
examines appeals lodged with the Administrative Court of First Instance or with the
General Secretary for Trade to rebut the arguments made by offenders who have had
administrative fines imposed on them.
The Directorate also makes a substantive contribution to codifying the market police
legislation, and to developing new legislative provisions in collaboration with other
jointly competent ministries.

The Directorate's competences and duties are contained in the following legislation,
copies of which have been attached to this report as requested:
1. Presidential Decree 397/1988 on the organisational structure of the Ministry of
Trade.
2. Article 24 of Law 2941/2001 as amended by Law 3377/2005.
3. Decision No. A2-4967/2007 on reforms concerning the method for imposing
administrative sanctions pursuant to article 6(8) of Law 3475/2005 (Government Gazette
353/A) inserted by Article 14(6) of Law 3557/2007 (Government Gazette 100/A/2007)
and other provisions.
4. Decision No. A2-1147/2004 of the Deputy Minister of Development on
introduction of a triple-entry dispatch note or triple-entry dispatch note-cum-invoice for
the transport of fruit, vegetables and fisheries products to and from street markets.
5. Decision No. A2-1148/2004 of the Deputy Minister of Development on the
method for imposing fines for Market Police Code violations.
6. Decision No. A2-1149/2004 on the method for imposing fines on street and
outdoor market offenders.
7. Decision No. A2-1150/2004 adjusting the level of street market and outdoor
trading fines.
8. Decision No. A2-1151/2004 on organisational and operational issues concerning
street market and outdoor trading inspection teams.
9. Decision No. A2-8092/2002 on specific reforms concerning the imposition of
price documentation rules for intra-group transactions pursuant to Law 3728/2008.
10. Joint Ministerial Decision of the Ministers of Rural Development & Food and
Development No. A2-1776/2008 on the display of information on weighting labels when
meat is sold retail.
11. Decision No. A2-4967/2007 on reforms relating to the method of imposing
administrative fines under Article 6(8) of Law 3475/1955 inserted by Law 3557/2007
and other provisions.
12. Decision No. A2-5900/2008 on regulation of specific modalities of the method in
which fines are imposed by inspectors who ascertain violations, in accordance with the
requirements of Law 3668/2008.
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13. Decision No. A2-3334/2008 on regulations concerning the method of imposing
fines pursuant to Article 29(5) of Law 3377/2005 as replaced by Law 3557/2007 on
persons infringing Article 9 of Market Police Decree No. 14/1989.
14. Joint Ministerial Decision No. Z1-827/19/7/2006 of the Ministers of Economy &
Finance, Development, Health and Social Solidarity, Justice, Tourism Development,
Transport & Communications and State on the adoption of supplementary measures to
implement Regulation (EC) No 2006/2004 of the European Parliament and of the
Council of 27 October 2004 on cooperation between national authorities responsible for
the enforcement of consumer protection laws (the Regulation on consumer protection
cooperation).

Competent Authority resources
The Directorate utilises all available resources at its disposal to ensure the said measures
are implemented. The Directorate currently has a staff of 44.

Experience from preparing to implement the Regulation
The Directorate was involved in the legislative drafting working group established to
ensure implementation of the Regulation. No difficulties or problems were encountered
and the Community legislation is being implemented, in conjunction with the
corresponding Greek legislation, without problems.

IV. Competent authority Industrial Product & Pharmaceutical Prices Directorate
/ General Secretariat for Trade / Ministry of Development


Organisational information about Competent Authority Competences and
responsibilities of Competent Authority
The work and mission of the Industrial Product & Pharmaceutical Prices Directorate is to
monitor the problem-free operation of the market and to take suitable measures to protect
consumers as follows:
(a) To lay down market police policy and to prepare suitable legislation by issuing
market policy decrees, which includes the transposition of Directives into national law;
(b) To implement the relevant market police legislation; and
(c) To issue price bulletins setting the prices for medicinal products intended for human
use across the entire state and to monitor changes in the financials of undertakings in the
sector.

B) The Industrial Product & Pharmaceutical Prices Directorate consists of the following
departments:

Department A. Costing, market police controls and price checks
Department B Market police policy and Industrial Products
Department C- Pharmaceutical Prices

The legislative regime governing the operation of the Directorates departments is the
applicable Market Police Code (Legislative Decree 136/1946 as amended and in force
following Law 3668/2008), along with the market police decrees which have been issued
from time to time, Law 3054/2002 as amended by Law 3335/2002 and the relevant
market police decrees, Law 3408/2005 setting prices for pharmaceutical products
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referred to in Article 13 and Market Police Decree 6/2005 (which transposed Directive
89/105/EEC).

A fee of 50 is payable for each application to set a price for a new pharmaceutical (for
each type of packaging) pursuant to Article 15(4)(a) and (b) of Law 3557/2007.

V. Competent Authority Hellenic Civil Aviation Authority / Ministry of Transport
& Communications

Introduction
In implementation of Regulation (EC) No 261/2004 establishing common rules on
compensation and assistance to air passengers in the event of denied boarding and of
cancellation or long delay of flights, the Air Carrier Finance Department of the Air
Operations Directorate / Hellenic Civil Aviation Authority has been designated as the
competent body for implementing and monitoring the said Regulation for flights
departing from Greek airports or Community flights departing from third country airports
destined for Greek airports. This Authority was designated by decision No.
D1/D/44137/2978/8.11.2004 of the Commander of the Hellenic Civil Aviation Authority.

Administrative set up
The Air Carrier Finance Department (CAA / D1 /D) consists of a head of department and
two employees with university qualifications in areas related to air ports. This
department deals with both passenger rights and issuing operating licences to Greek
airlines. From the effective date of the Regulation (17.2.2005) to the present day, it has
received a large number of complaints (whose number is rising annually) and the small
number of employees in the Department is making extraordinary efforts to handle the
number of complaints sent daily.

Complaints are sent to the Department both directly by consumers (airline passengers)
and by the General Secretariat for Consumer Affairs / Ministry of Development, the
Consumers Ombudsman and other competent bodies of the Member States of the
European Union with whom the Department works in close collaboration with.


Competent Authority resources
No specific resources are set aside for the Greek body responsible for implementing the
specific Regulation. The employees of department D1/ D are ordinary civil servants and
do not receive extra pay for handling complaints about infringements of passenger rights.

VI. Competent Authority National Organisation for Medicines
Introduction
The National Organisation for Medicines was established in 1983 by Law 1316/1983 and
is a body governed by public law reporting to the Ministry of Health & Social Solidarity.
The Organisations mission is to safeguard public health in relation to the circulation of
the following products in Greece:

Medicinal products intended for human and veterinary use;
Medicated feed and feed additives;
Food for special nutritional purposes and dietary supplements;
Biocides;
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Medical technology products; and
Cosmetics.

Administrative set up competences
As part of its mission the Organisation, working with the European Union in a
completely transparent manner:
Evaluates and approves new safe and effective products;
Monitors the quality, safety and effectiveness of products circulating in Greece
after authorisation is given;
Checks production, clinical trials and the circulation of the Greek market of
products to ensure compliance with proper manufacturing rules and lab and clinical
practice and to ensure that the legislation on the transport, sale, trading and advertising of
such products is being implemented;
Develops and promotes medical and pharmaceutical research; and
Informs health professionals, competent bodies and the public via objective,
useful information about medicinal products (intended for human and veterinary use),
and other products to ensure proper use and an objective assessment of their
pharmacoeconomic role.

Organisational structure
Until recently the Organisation was run by a 10-member Board of Directors. Law
3730/2008 (Government Gazette 262/A/23.12.2008) reduced the board size to a more
flexible 5-member board comprised to the Chairman, 2 vice-chairmen and 2 members.
The 1
st
Vice-Chairman has executive duties and the 2
nd
is responsible for issues of
scientific research and activities.

The current organisational structure of the Organisation was laid down in Presidential
Decree 142/1989 and it consists of 9 Directorates. To achieve its mission the
Organisation employs a staff of 238, 80 of whom are pharmacists, chemists, doctors,
veterinarians, biologists (28) and 26 lawyers, economists, mathematicians, and IT
experts. It also collaborates with external associates (around 400 in numbers) in various
areas of specialisation, sits on committees and working groups of competent EU and
Council of Europe bodies via its 45 representatives and has established 24 scientific
committees and bodies staffed by experts.

Competent Authority resources
The Organisations resources are fees for various services offered (authorisations,
renewals, amendments to marketing authorisations, production licenses, certificates,
invoice stamping) relating to products within its remit, the annual fixed charge pay be all
persons responsible for product marketing (revenue charge) and a small amount of
government grant.

Preparations for implementation of Regulation (EC) No 2006/2004

In 2004 the Organisation was invited to take part in the legislative drafting working team
to establish the legislative framework for practical implementation of European
Parliament and Council Regulation (EC) No 2006/2004. It responded to this invitation
by sending a representative from the Product Manufacture & Marketing Control
Directorate which is the directorate responsible for implementing the legislation on
public health protection.
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Mrs. Pantelia Goura, an inspecting chemist with MBA and TQM qualifications, and an
employee of the Marketing Control Department of the Product Manufacture & Marketing
Control Directorate was appointed as representative. She attended all meetings of the
working group.

In August 2006 Joint Ministerial Decision No. Z1-827 (Government Gazette
1086/B/9.8.2006) was issued on the adoption of supplementary measures to implement
Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27
October 2004 on cooperation between national authorities responsible for the
enforcement of consumer protection laws.
Collaboration between national authorities is achieved via the online CPC System which
utilises the TESTA II network which is accessible to bodies which are members of the
SYZEVXIS network. Although the Organisation is a member of the SYZEVXIS
network on the Democritus hub, there were problems with the connection but these were
repaired in April 2007.

VII. Competent Authority Greek National Tourism Organisation / Ministry of
Tourism Development
Introduction
The Ministry of Tourism Development issued Ministerial Decision No. 1124/24.1.2007
in implementation of Joint Ministerial Decision No. Z1-827/13.7.2007 on the adoption of
supplementary measures to implement Regulation (EC) No 2006/2004, and established
an Inspection Directorate within the central service of the GNTO and specified its duties.
This Directorate consists of the General Inspection Department and the Consumer /
Tourist Complaints and Protection Department.
Administrative set up
The Consumer / Tourist Complaints and Protection Department:
Collects, collates, evalutes and investigates complaints and charges made by
Greek and foreign tourists;
Collaborates with and submits proposals to competent bodies and services for the
necessary measures to be taken;
Examines and evalutes the findings of investigations to draw conclusions and
informs the Regional Tourism Services Coordination Directorate and the relevant
regional tourism services;
Ensures that flyers / instructions are issued in collaboration with the Publications
& Audiovisual Materials Directorate to ensure better tourism services;
Ensures that the legislation on tourism protection is complied with and
communicates iwht the General Secretariat for Consumer Affairs; and
Informs consumers and public and private bodies concerned about the results of
investigations into complaints and charges.
The legislative framework which exists and on which the Inspection Directorate
relies in large part is as follows:
Travel agencies and the services they offer:
1. Law 393/1976 on the establishment and operation of travel agencies.
2. Presidential Decree 339/1996 (Government Gazette 225/A) on package holidays
in compliance with Directive 90/314/EEC (OJ L 158 p. 59) on package travel,
package holidays and package tours.
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Car hire firms (without hire of driver) and motorcycles over 50 cc
1. Joint Ministerial Decision No. 514439/140/94 (Government Gazette
660/B/31.8.1994) as amended and in force following Decision No.
514170/64/26.04.1995 and Presidential Decree 313/25.09.2001.
2. Joint Ministerial Decision No. 537154/ED. No. 188(Government Gazette
889/B/5.12.1994) as amended and in force following Decision No.
T/1921/25.5.1998 and Presidential Decree 313/25.09.2001.
Chartering companies
1. Law 2160/1993 (Government Gazette 118/A) on arrangements for
tourism and other provisions.
2. Decision No. 514427/164/30.09.1994 of the General Secretary of the
GNTO and Joint Ministerial Decision No. 531353/129/2-7-1997 as
amended and in force today following Joint Ministerial Decision Nos.
517157/192/10.09.1990 (Government Gazette 447/5/6/1991) and
1484/9.09.1994 (Government Gazette 685//13.09.1994) and Presidential
Decree 313/25.9.2001.
Tourist accommodation:
1. Law 2160/1993 (Government Gazette 118/A) on arrangements for tourism
and other provisions.
2. Presidential Decree 43/2002 (Government Gazette 43/A) on the inclusion
of leading hotels in the star system and technical specifications thereof.
3. Presidential Decree 337/2000 as amended and in force today on inclusion of
rented rooms and apartments in categories using a key system.
4. Article 8 of Law 1652/30.10.1986 (Government Gazette 167/A) on hotelier
and guest relations rules.

Competent Authority resources
The Inspection Directorate's resources for general operations, on-site investigations of
consumer / tourist complaints, inspections of accommodation, tourist businesses, checks
to ascertain the level of services offered in accordance with the relevant legislation, is
195,000 per year.
VIII. Competent Authority National Council for Radio & Television

Introduction - Administrative set up

The National Council for Radio & Television exercises its decision-making and other
competences as a 7-member independent administrative authority whose position is
constitutionally-enshrined in accordance with Article 15(2) of the Constitution. It has
both a plenary session and special teams which are established by decision of the plenary
session to examine and investigate specific issues. Decision-making powers lie with the
Council's plenary session pursuant to Article 5 of Law 2863/2000 while according to
Article 11(8) of Law 3310/2005 and the decision of the plenary session of 25.5.2005
decision-making powers also lie with team 3 when issuing certificates that radio stations
are operating lawfully (Article 53 of Law 2778/1999) ad radio and television station
networking licenses (Article 6(15) of Law 2328/1995 and Article 11(11) of Law
3592/2007).

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The Council is assisted in its operations by administrative staff and experts who are
allocated to various departments (Article 5(2) of Law 2863/2000). Administrative and
expert support for the Board when exercising its powers is provided via its various
Departments. The NCRTV consists of the following departments:
A. The Legitimacy and Licensing Department which carries out all work relating to
NCRTV decision-making concerning the granting, renewal and withdrawal of operating
licenses for free-view radio and television stations, the provision of subscriber radio and
television services, the transmission of free-view radio and television programmes via
satellite which are directly available to the public, the granting of licences to content
providers of ground digital television programmes and inspection of compliance with
terms and conditions contained in the legislation in effect from time to time on the lawful
operation of bodies holding those licenses.
B. The Transparency Control Department which (a) keeps the Mass Media Undertakings
Register established by Article 10a of Presidential Decree 213/1995 (inserted by Article
1 of Presidential Decree 310/1996) and (b) carries out all inspecting and other work
required by Presidential Decree 310/1995.
C. The Programme Quality Department which carries out the necessary work to check
the quality of radio and television services provided and examines petitions for remedy
rejected by radio or television stations which are submitted pursuant to the provisions of
Article 9 of Presidential Decree 100/2000.
D. The Logistics Department which carries out work necessary to ensure the problem-
free running of the Council, technical support for it, and also deals with training and
budgeting, personnel and payrolling.

Competences

1. Acting pursuant to Article 15(2) of the Constitution the Council exercises direct
state control over radio and television to ensure the objective, at arms length
transmission of information and news and the products of discourse and art, to
safeguard quality standards of programmes required by the social mission of radio
and television and the cultural development of Greece.
2. Acting pursuant to Article 4(1b) of Law 2863/2000 it checks compliance with the
rules and principles governing the operation of state-controlled and private radio
and television undertakings.
3. It grants, renews and withdraws the licenses contemplated by Law 3592/2007, Law
2644/1998 and Article 22(8) of Law 3166/2003 on the operation of radio and
television stations (Article 4(1a) of Law 2863/2000).
4. Acting pursuant to Article 4(1d) of Law 2863/2000 and Article 8(8) of Law
2644/1988 and Article 5 of Law 3592/2007 it checks compliance with competition
rules by all parties operating in the mass media sector.
5. It imposes the administrative sanctions specified by law pursuant to Article 4 of
Law 2328/1995.
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6. Acting pursuant to Article 9 of Presidential Decree 100/2000 it examines
applications for redress from citizens for invasion of privacy which were rejected
by radio or television stations.
7. It prepares and publishes notices in implementation of the ministerial decision
stating the duties of the Minister of Press and Mass Media which is required by
Article 5 of Law 2644/1998 and Articles 6(6), 7(7) and 10 of Law 3592/2007.
8. It addresses guidelines or recommendations to public or private bodies and issues
opinions on the application of the provisions of the relevant laws and regulatory
decisions. It may also request the opinion of wider social or professional groups
when examine issues of interest to it (Article 4(2) of Law 2863/2000).
9. It keeps the Register of Mass Media Undertakings in which it records the
particulars of mass media undertakings and undertakings operating in the wider
mass media sector in special entries.
NCRTV resources
Article 1(2) of Law 2863/2000 states that The National Council for Radio & Television
shall have its own budget and shall be fully independent when implementing it. The
Chairman of the Council shall use the appropriations, undertake obligations, conclude
agreements and contracts and incur expenditure for the authority in accordance with its
bylaws. The Court of Auditors shall carry out a preventative and corrective audit of the
Councils expenditure in accordance with the relevant provisions. Settlement, auditing
and orders for payment of the Council's expenditure shall be provided by the relevant
fiscal control unit. The provisions applying to the State shall apply in respect of the
outsourcing of works, supplies and services by the Council.

3. Cross-border enforcement work
Techniques used to enforce the legislation
No specific techniques were used other than the tools available via the Administrative
Cooperation online system.

Evaluation of experience to date Handling of cases
- As the Single Liaison Office for the years 2007-2008, the Consumer Policy
Directorate successfully sent requests for information and requests to cease intra-
Community infringements to the competent authorities involved. In some cases, there
were delays in the handling of cases, primarily due to technical problems with the online
systems connection to the competent authorities and procedural issues related to
collection of the information required.
- As competent authority for the years 2007-2008 the Consumer Protection Directorate
received a total of 101 alerts and 5 requests for information, as stated in detail in Annex
1, via the Administrative Cooperation online system.
- As Competent Authority, the Food & Drink Prices Directorate, is involved in
supervising the market and take all measures necessary to implement the legislation to
ensure uninterrupted collaboration with the Competent Authorities of other Member
States and third countries within the context laid down by the Regulation.
14

- As far as complaint handling is concerned, the Hellenic Civil Aviation Authority
follows a specific procedure which has been agreed with the national implementing
authorities of the Member States and the competent authorities and airlines. In addition,
use of a uniform complaint form which is filled out by passengers at all Community
airports makes it significantly easier to handle problems associated with language and
clarification of the objectives of a complaint, etc.
Where an airline refuses to implement the provisions of Regulation (EC) No 261/2004
the Directorate commences proceedings to impose the sanctions specified in the two
relevant Ministerial Decisions issued to give effect to Article 16 of the Regulation
(Namely Decisions Nos. D1/D/13770/980/14.04.2005 and D1/D/1333/148/16.01.2007).
Pursuant to these decisions, the persons responsible for imposing fines are the directors
of airports in the case of state airports and the head of the state airport authority in the
case of private airports. To date tens of fines (primarily cash fines) have been imposed on
air carriers who infringed the provisions of the said Regulation.
Problems in handling complaints that fall within the scope of Regulation (EC) No
261/2004 arose from the fact that certain airlines (mainly charter airlines) delayed in
sending us their position (even though we repeatedly sent letters), and in quite a few
cases beyond the specified time period, and consequently there were delays in giving a
final decision to passengers. The CAA imposes fines on the air carriers in these cases.
Lastly, the CAA participates in meetings held by the competent authorities of the
Member States to brief both the European Commission and other Competent Authorities
about developments concerning airline passenger rights and particular rights under
Regulation (EC) No 261/2004, to exchange information, views and positions with other
Competent Authorities and to intervene when it considers that Community provisions
have been infringed by making recommendations, imposing sanctions, etc. so as toe
ensure a high level of consumer protection.
- The Marketing Control Department of the Product Manufacture & Marketing Control
Directorate / National Organisation for Medicines participates in the rapid alert system
(RAS) which was developed by members of the EU, the EEA and the MRA which is
used to send information about recalls of medicinal products intended for human or
veterinary use because of quality problems, including cases of fake products, in order to
protect consumer health and animal health. Rapid Alert Notifications may also be used to
transmit information about precautions to be taken when using products or product
recalls for safety reasons. The RAS was developed around 10 years ago and there have
been many problems in adopting it, as well as joint efforts and coordination between
Competent Authorities. Today it as well-developed system which requires
improvements but one which nonetheless operates quite effectively in terms of the
quality of medicinal products in circulation on the European market.
In the two years that the CPC System ahs been in operation under Regulation (EC) No
2006/2004, the National Organisation for Medicines has been called upon to handle cases
which primarily relate to the marketing and sale of medicinal products over the internet.
The legal regime in Greece generally speaking prohibits the sale of medicinal products
over the internet. It should be noted that the Organisation issued a first announcement
about the sale of medicinal products over the internet in 1997 pointing out the risks from
illegal sale in terms of quality, safety and effectiveness of the products. Similar
announcements were made in 2001, 2003, 2006 and 2007 with the Organisation
periodically repeating its warning to consumers.
15

However, in certain EU Member States the sale of medicinal products over the internet is
permitted subject to conditions. This difference in legal regimes creates difficulties in
handling these cases because the individuals behind a website use international phone
lines and other means of communication offered by modern technology which makes it
difficult to track down their base. There are also cases of individuals who appear to trade
via commercial websites selling medicinal products with or without a marketing
authorisation which do not have web pages but indicate phone lines or other contact
details in Greece. In these cases, the extent of the Organisation's powers prevents
inspectors from investigating these cases to the bottom of the matter (e.g. the need to
request special access to confidential personal data). For this reason the assistance of
the Public Prosecutor is requested and the Organisation has collaborated with the e-
Crime Squad of the Attica Police Directorate General.
Illustrative Examples:
A. The British Authorities identified a website which was being used to sell medicinal
products (which did or did not have a marketing authorisation) as well as the prohibited
substance ephedrine. This specific site stated a post box in Greece and a contact
number. The Organisation began an investigation of the case which produced much
evidence such as the fact that the individual presented himself on the internet under
various names, with various phone numbers and various emails, which were kept active
for a few days, and were then deleted only to have new websites, new emails and new
phone numbers in order to engage in transactions with greater security. The only
unchanging factor was the PO BOX in Greece. The Organisation asked the Public
Prosecutor to grant access to confidential information relating to the holder of the PO
BOX so that the Organisation could lawfully proceed.
B. The Danish authorities identified a website which was being used to sell medicinal
products containing adulterated pharmaceutical substances which resembled the
substance Sildenafil (for penile erectile disorder) and Sibutramine (administered as part
of a weight loss programme under close medical supervision). The webpage and
particulars of the owner referred to Greece. That person was taken to the e-Crime Squad
headquarters where he was interrogated and materials were submitted to the Public
Prosecutor.
The Organisation's experience from the RAS system (see para. 3.1) gave the impression
that from the outset of the implementation of Regulation (EC) No 2006/2004 that it could
easily respond to the new challenge posed. It is a fact that the Organisation is not
prepared for just how different the new generation' infringements of the pharmaceuticals
legislation are. Thanks to the dynamic penetration of computers and the internet into our
day-to-day lives, immense opportunities for their use and abuse have emerged. e-Crime
is constantly developing and cross-border infringements are taking new forms all the
time.
In that context, management of the Organisation has already included the following in
the 2006-2010 operational plan as key factors for the development of the Organisation:
developing high-tech infrastructure; and
developing and retaining a highly-trained body of staff capable of responding to
the challenge in terms of number, quality and incentives.
16

However, the restrictions on the powers of the Organisation and in particular in relation
to e-crime make collaboration with other Competent Authorities in Greece a necessity
(Article 4 of Regulation (EC) No 2006/2004), and in particular:
the judicial authorities intervention by the Public Prosecutor to lift
confidentiality;
the police (Attica Police DG, e-Crime Squad).
Moreover, it should also be noted that the procedure of identifying electronic footprints
is both difficult and time-consuming. An investigation can last from one month to two
years because internet users who commit crimes take various measures to protect
themselves against identification making the task of the authorities difficult. In all events,
the Organisation needs to stay abreast of developments in the computer technology
sector to be familiar with how computer crime is committed, and the Competent
Authorities need to target their focus at national level and all states must collaborate on
this issue.
- Cases relating to complaints and charges are handled by the GNTO in the manner
outlined above in the section on the GNTOs competences. The results of the
investigation along with the entire internal dossier for the procedure are sent to the
competent GNTO Regional Tourism Service with a proposal for sanctions to be imposed
in accordance with the relevant legislation.
- The competent Regional Tourism Service notifies the steps to be taken to
bring the case to a close and then informs the consumer involved.
- Any financial claims of consumers are settled immediately after the
Department intervenes (return of booking down payments, etc.) or by the
parties concerned in the civil courts in line with the existing legal regime
and the individual provisions of law.
- In 2007 (from 15.6.2007 onwards when the 1572 helpline became
operational to 31.12.2007) when the Consumer Tourist Complaints and
Protection Department was set up, 50 complaints were made about
package holidays.
- Processing of those complaints showed that the provisions of the
Presidential Decree were not being precisely complied with by obligees or
by travel agents.
- The Department attaches particular importance to protecting consumers
and prepared guidelines which were posted to the GNTO website
(www.gnto.gr) in both Greek and English and a printed guide was also
published which was distributed to GNTO Information Offices.
- The Directorate sent a letter to the Hellenic Association of Travel and
Tourist Agencies (HATTA) asking it to intervene and inform its members
about how to comply with the provisions of PD 339/1996 on package
holidays.
- In 2008 the department handled 68 complaints about package holidays,
and the same procedure was followed in handling those matters.
The complaints which have been examined to date by the Directorate relate to Greece
and that is because only recently did the GNTO's IT Department provide information
about the option of running the TESTA II programme using the GNTOs connection to
the Information Society's SYZEVXIS network and consequently the Administrative
Cooperation online system.
17

- The National Council for Radio & Television is part of the national SYZEVXIS
network. However, due to problems faced by that network which were caused by the
bankruptcy of the contractor ALTEC Telecoms, the Council has been facing serious
problems accessing the network from the start of operations of the online system of the
Administrative Cooperation Network. Consequently the Council was not able to
familiarise itself with the electronic CPCS system and utilise and evaluate its
functionality.
Joint action and joint activities sectors

Greece did not participate in any joint action plan.

Issues relating to the Administrative Cooperation online system
The main problems noted concerning the Administrative Cooperation online system were
problems the Competent Authorities had in connecting to the system which required
preparation of electronic networks at national level to permit each public authority
individually to connect.
More specifically, the CAAs was able to connect to the Administrative Cooperation
system (the CPC System) for a short time then problems arose with the connection
provider (the connection was not possible) but the competent directorate of the Ministry
of Development (Organisation and Development Directorate (D10)) is attempting to
resolve the problem to enable a permanent connection in the near future. Information is
currently being exchange with the Competent Authorities of other Member States but
mail, fax or email.
In general terms, the online system is user friendly and its functions easily
understandable. The specific improvements made have contributed significantly to its
efficient operation, taking into account new user-related factors and the needs which
arose from practical experience from implementing the Regulation.
Summaries of main national interpretative decisions relating to consumer
protection laws
1. Law 3587/2007 (Government Gazette 152/A/10.7.2007) amending and
supplementing Law 2251/1994 on consumer protection as in force and
transposing European Parliament and Council Directive 2005/29/EC on unfair
commercial practices (OJ L 149).
2. Ministerial decision No. Z1-1262/2007 (Government Gazette 2122/B/31.10.207)
on the format and terms and conditions of contracts concluded by consumers with
weight loss centres and gyms.
3. Ministerial decision No. Z1-798/2008 (Government Gazette 1353/B/11.7.2008)
on the prohibition of presenting general trading terms which have been found to
be abusive by irrevocable court rulings.
4. Market Police Decree No. 1/2006 amending Article 69 of Market Police Decree
No. 14/1989 on the display of signs by retail vendors and other provisions, whose
provisions are harmonised with Directive 98/6/EC.
18

5. The Ministerial decisions issued to give effect to Article 16 of the Regulation
(D1/D/13770/980/14.04.2005 and D1/D/1333/148/16.01.2007) concerning fines
for airlines.
6. Presidential Decree 43/2002 on the inclusion of leading hotels in the star system
and technical specifications thereof.
7. Presidential Decree 337/2000 on inclusion of rented rooms and rented furnished
apartments in categories using a key system.
8. Circular S.E. 2769/2007. Interpretation of the provisions of Article 5(2)(B) and
(d) of Presidential Decree 100/2000 in relation to the meaning of 'show consisting
of separate parts'.
9. Circular S.E. 2770/2007. Interpretation of the provisions of Article 5(10)(b) of
Presidential Decree 100/2000 in relation to the meaning of show which directly
incites minors to persuade their parents or third parties to purchase the products
or services advertised.
10. Circulars S.E. 2771/2007, 2922/2007. Interpretation of the provisions of Article
5(2)(C), (3) and (11) of Presidential Decree 100/2000 on the meaning of lawful
conditions for terminating broadcasting of audiovisual works for showing
advertising messages.
11. Circular S.E. 512/2008. Interpretation of the provisions of the legal regime prior
to Presidential Decree 100/2000 (Article 3(5), (6) and (8) of Law 2328/1995 on
the issue of advertising and sponsorship in news bulletins and the meaning of
schedule show duration.
4. Conclusion
The new European Administrative Cooperation network makes it possible for the
competent public authorities of Member States to exchange information, to
collaborate with other authorities and to jointly coordinate actions to limit intra-
Community infringements. As part of this joint effort, Greece has taken a series
of initiatives to ensure the best possible coordination of Greek public authorities
which are responsible for enforcing the legislation in the context of Regulation
(EC) No 2006/2004 on administrative cooperation.
In particular, the Single Liaison Office has undertaken an active role in managing
and investigating cases which are posted to the Administrative Cooperation
online system and in directly sending them to the competent authority in each
case. In addition, concerted efforts are being made by Greece to ensure that
competent employees are constantly briefed and that potential problems which
arise in handling requests and with notices posted to the system which require
actioning are addressed immediately.
In the context of running the new cooperation network, two coordinated internet
sweeps have been conducted by the Member States to check compliance by
websites selling airline tickets and offering value added mobile telephone
services. Greece participated in both those actions, and has responded to all
requests for further action posted to the online system.
19

Greece fully supports the European Commission's priority of developing a new
administrative cooperation network and of organising and coordinating joint
actions to more effectively enforce the legislation in the belief that actions of that
sort make a substantive contribution to the development of fair markets that offer
consumers the best possible choices.



The Director

Theodoros Kritikos














ANNEX 1

No. EU LEGISLATION
No. of Alerts
(01.01.2006 to
31.12.2008)
Information Request
(01.01.2006 to 31.12.2008)
1.
Directive 85/450/EEC misleading advertising 19 0
20

2.
Directive 85/577/EEC - contracts negotiated away
from business premises
3 2
3.
Directive 87/102/EEC consumer credit 0 0
4.
Directive 93/13/EC unfair contract terms 17 1
5.
Directive 94/47/EC - timesharing (OJ L 280,
29.10.1994, p. 83)
1 0
6.
Directive 97/55/EC comparative advertising 2 0
7.
Directive 1999/44/EC - sale of consumer goods and
associated guarantees (OJ L 171, 7.7.1999, p. 12)

0 0
8.
Directive 2000/31/EC e-commerce 21 0
9.
Directive 2002/65/EC - distance marketing of
consumer financial services.
2 0
10.
Directive 2005/29/EC - unfair business-to-consumer
commercial practices in the internal market
28 2
11.
Directive 97/7/EC distance contracts 8 0
TOTAL 101 5