Article 8
ADVISORY COMMITTEES AND MONITORING BODIES
1 a. By decision of the Minister of National Economy a Central Advisory Committee shall be set up at the Ministry of National Economy, whose task it will be to advise, in accordance with paragraph 2 of article 7, on investments of the present law which exceed a certain amount fixed by the same decision. (1)
(1) The Central Advisory Committee pursuant to Min. Dec. 43321/94 (which amends Min. Dec. 50485/90) will evaluate investment plans of the following size:
a) 500 million dr. - 5 billion dr. in all areas
b) 2.5 billion dr. - 5 billion drachmas in the case of investments within the administrative boundaries of the Region of Eastern Macedonia and Thrace .
b. By virtue of similar decisions, regional advisory committees shall be set up at the seats of regional secretariats general or at the seats of regional development departments or at the seats of prefectures, which committees shall advise, in accordance with paragraph 2 of article 7, on investments of the present law up to a certain amount fixed by the same decisions.
c. By virtue of a similar decision, an advisory committee shall be set up at EOMMEX and at the Agricultural Bank of Greece, which shall advise, in accordance with paragraph 2 of article 7, on investments of the present law which are examined by those agencies in accordance with paragraph 7 of article 6.
d. By virtue of the above decisions, the composition of the said committees shall also be stipulated.
e. By joint decision of the Ministers of National Economy and of Industry, Energy and Technology, a Special Advisory Committee shall be set up at the Ministry of National Economy, which shall advise as to the eligibility (for the provisions of the present law) of the investment plans of processing undertakings in excess of 5 billion drachmas and up to 25 billion drachmas.
The members of the committee shall be the General Secretary for Investments and Development of the Ministry of National Economy, the General Secretary for Industry of the Ministry of Industry, Energy and Technology, the Head of the General Directorate or of the Directorate of the General Secretariat for Industry having subject-matter competence, two experts of known repute in matters pertaining to investments in industry, one representative of the Federation of Greek Industries (SEB), one representative of the General Confederation of Workers of Greece (GSEE) and one representative of the Union of Greek Banks. By virtue of the same decision, the alternates of the committee members shall also be appointed. Directors, partners, shareholders and members of the administration of undertakings which have submitted applications seeking eligibility for the provisions of this article, as well as persons who have participated in the drawing up or evaluation of business plans of the present article during the last five years, may not be members of the Special Advisory Committee.
2 By decisions of the Minister of National Economy, central and prefectural monitoring bodies shall be set up to check the progress of investment works and investments in general, irrespective of whether they are still in progress or have been completed. The checking of progress will be carried out in accordance with the terms and conditions of the development laws falling within the competence of the Ministry of National Economy, as well as of the relevant acts and agreements making an investment subject to those laws. By the same decision, the secretary of the monitoring body shall be appointed (wherever this is deemed necessary), and the fees of the secretary and members of the monitoring body (in addition to the daily fee and travelling expenses) shall be fixed, in accordance with the provisions in force from time to time.
A fee similar to the aforementioned may be given by decision of the Minister of National Economy also for checks that have been carried out or that have commenced in accordance with the provisions of the present law. In the case of members of the advisory committees and monitoring bodies who are not civil servants, the daily fees and travelling expenses given correspond to those for civil servants belonging to Grade A. The members appointed to the monitoring bodies are selected by decision of the Minister of National Economy from employees of the competent ministries and departments and from representatives of banks and local government organizations. Members of the advisory committees and the monitoring bodies who are civil servants may offer their services notwithstanding article 98 of Presidential Decree 611/1977 (Government Gazette 198/A/77).
The expenditures pertaining to all the fees of the aforementioned consultative committees and monitoring bodies, either central or prefectural, shall be paid from the budget regular of the National Economy Ministry. The progress of work on investments under article 6, paragraph 7 of the present law shall be checked, on the basis of the terms and conditions of the law and of the acts of approval, by EOMMEX through organs which the said organization shall appoint in each case. These organs shall function in accordance with EOMMEXÕs operating regulations.
Decisions of the Minister of National Economy may stipulate that the progress of investment works shall be ascertained by the bank funding the project and that disbursement of the State grant (except for the final instalment) shall be made on the basis of the relevant report of the aforementioned bank. The content of the said report shall be determined by the same decisions.
The Minister of National Economy may issue decisions conferring upon prefects the right to sign decisions concerning the establishment and composition of the prefectural monitoring bodies for the checking of the investment work progress and investments in general, irrespective of whether they are still in progress or have been completed. In the case of investments of over 5 billion drachmas and up to 25 billion drachmas, by decisions of the National Economy Minister, special bodies shall be set up for the checking of progress of realization of investment plans on the basis of the terms and conditions of the present law and the relevant decision of approval. Such bodies will be made up of one senior official of the National Economy Ministry, one senior official of the General Secretariat for Industry and one outside surveyor.
3 The chairperson of the Central Advisory Committee shall be the General Secretary of the Ministry of National Economy or his/her alternate, appointed by decision of the Minister of National Economy. The chairperson of the regional advisory committees shall be the Regional General Secretary or the Prefect of the seat of the Regional Development Department or the local Prefect, upon whom the Minister of National Economy has conferred the right to sign decisions making investments subject to the provisions of the present law in accordance with the provision of article 6, paragraph 1 of this law, and who, in the case of absence or impediment, will be replaced by his/her duly appointed alternate. Local Prefects or Eparchs may participate on regional advisory committees without the right to vote, if matters concerning investments being realized within the administrative boundaries of their prefectures or eparchies (provinces) are being discussed.
The chairperson of the EOMMEX advisory committee shall be the director general of that organization or his/her alternate, appointed by the relevant decision setting up the committee. The chairperson of the Agricultural Bank of Greece advisory committee shall be the assistant governor of that bank or his/her alternate, appointed by the relevant decision setting up the committee.
4 The composition of all advisory committees under this law shall be determined by decisions of the Minister of National Economy by which the secretaries, alternate assistant secretaries and rapporteurs shall also be appointed. Similar decisions shall fix the reimbursement of the chairpersons and members of the advisory committees, as well as of the rapporteurs, secretaries and alternate assistant secretaries.
The said reimbursement may be fixed notwithstanding any general or special provision. Members of advisory committees who are directors or participate in the company or share capital or in the management of undertakings which have been made subject or which have submitted applications seeking eligibility for the provisions of the present law, may not participate in meetings of the advisory committees at which matters concerning those undertakings or matters pertaining to other undertakings with the same or related activity are being examined.
5 The relevant regulations governing the functioning of the Ministry of National Economy shall be implemented accordingly in matters concerning the modus operandi of the committees and monitoring bodies, as well as in issues of quorum and the taking of decisions.
6 The provisions of articles 6 et seq. concerning the submission of declarations of assets pursuant to Law 1738/87 (Government Gazette 200/A/87) shall be implemented with respect to the members and rapporteurs of the advisory committees and the members of the monitoring bodies provided under the present law, as well as with regard to those bodies entrusted with the disbursement of investment assistance.
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