5-year beach concession bans for tourism businesses have begun

Tornos News today publishes some of the first decisions to exclude from any beach and beach concession process for 5 years, tourism businesses which, according to the competent control authorities, were found to have carried out an arbitrary occupation of a beach or beach, without a concession contract.

In particular, the Land Service of Corfu, established the exclusion for 5 years, from any process of concession of the seashore and beach, of the company HOTEL AND TOURIST ENTERPRISES MEXA AKTI GLYFADAS S.A. based in Corfu, as according to the Law passed last year on the terms of utilization of public property in coastal areas, it is provided that in case of arbitrary occupation of the seashore or beach without a concession contract, the offender is excluded from any process of concession of the seashore and beach for 5 years from the imposition of the penalty.

At the same time, the Land Service of Heraklion, based on the provisions of the same Law, established the exclusion for 5 years, from any process of concession of the seashore and beach, of the company CRETAN HOTELS ILIOU S.A. based in Analipsi Hersonissos in Heraklion, Crete.

Relatives are also excluded

In the above recent findings of the Land Services, it is noted that the temporary exclusion from future concession contracts also applies to all personal or capital companies in which the offender or his spouse or the person with whom he has entered into a cohabitation agreement, as defined by law, as well as the offender's relatives by blood or by marriage up to the second degree, participate as a partner or shareholder.

What are the sanctions for the arbitrary occupation of a beach?

It is noted that the article of the relevant Law concerning the arbitrary occupation of a seashore or beach without a concession contract, provides, among other things, a fine amounting to four times the consideration that would correspond to the occupied area and the exclusion of the offender from any seashore and beach concession procedure for 5 years after the imposition of the sanction.

In the event of a second violation, if the occupation has been carried out by an operating adjacent business, its operation is suspended for 10 days, its cash register is sealed by the decision of the Independent Public Revenue Authority and the offender is excluded from any seashore and beach concession procedure for 10 years after the imposition of the sanction.

Furthermore, in the event of occupation of a seashore or beach in excess of the concession agreement, the law provides for a fine of four times the consideration for the area not covered by a valid concession agreement. If the excess amounts to more than 30% of the concessioned area, in the event of a second violation, the offender is excluded from any seashore or beach concession procedure for 5 years after the imposition of the sanction.

In the event of a third violation of more than 30%, the offender is excluded from any seashore or beach concession procedure for 10 years after the imposition of the sanction, the operation of the business is suspended for 10 days and the cash register of the business is sealed by decision of the Independent Authority of Public Revenue.

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