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.
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:
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:
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:
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 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.
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.
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”.