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 Directorate’s 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 ministry’s 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 Directorate’s 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 Directorate’s 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 Development’s 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 Directorate’s 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 Organisation’s 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 1st Vice-Chairman has executive duties and the 2nd 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 Organisation’s 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/Β/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 arm’s 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 Council’s 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 system’s 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.

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- 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.

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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.

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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 GNTO’s 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 GNTO’s connection to the Information Society's SYZEVXIS network and consequently the Administrative Cooperation online system.

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- 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 CAA’s 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.

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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.

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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

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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