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Permitting/Licensing authorities

The Ministry of Environment and Energy (YPEN) at national level and the De-centralized Administrations and Administrative Regions at regional/local level are the competent authorities for issuing permits and licenses relevant to the mining and quarrying activities (Table 2.3-1). Additionally, several co-authorities functioning on national, regional, or local level deliver their opinion, mainly during the environmental permitting process of projects and activities. Their role in permitting/licensing depends on the type of projector activity and its potential environmental impact (Table 2.3-2). The issuance of opinion on behalf of the co-authorities is generally consultative unless otherwise defined by the specific provisions of law (JMD1649/2014, Art.3, paragraph 2).

The Ministry of Environment and Energy (YPEN) is the competent authority for the environmental permitting for projects and activities classified under subcategory A1. The Environmental Terms Approval Decision (AEPO) takes the form of a Ministerial Decision issued by YPEN. The De-centralized Administrations are the competent authorities for the environmental permitting for projects and activities classified under subcategory A2. In this case, the AEPO is a Decision issued by the coordinator of the concerned De-centralized Administration. The environmental permitting of category B projects and activities does not require submission of an Environmental Impact Assessment (EIA) Study. They are only subject to a declaration of conformity with Standard Environmental Commitments (SEC) submitted to the concerned De-centralized Administrations.

The Hellenic Survey of Geology and Mineral Exploration (HSGME), in its role as consultant to the Ministry of Environment and Energy, delivers its opinion on various issues and stages of the exploration and exploitation permitting of projects and activities such as: evaluation of mining and quarrying feasibility studies submitted by third parties, delivery of data and opinion regarding public areas in which HSGME has performed exploration work in the past, delivering opinion during the granting process of exploration permit for quarry minerals in public areas.

Table 2.3-1: Permitting/Licensing authorities (national, regional, or local level)

Table 2.3-2: Key co-authorities delivering opinion during the permitting/licensing procedure

Quarry Minerals

Quarry Minerals are legally classified into three subcategories: Industrial minerals, marbles & natural stones, and aggregates. Exploration and exploitation of Quarry Minerals are regulated by the Quarrying Law (L.4512/2018 Part B Exploration and Exploitation of quarry minerals and other provisions, Art. 43-72). Due to the localized nature of aggregates extraction, consumption and uses, detailed reference to aggregate resources exceeds the scope of this Guide and will not be performed. Thus, unless otherwise specified, whenever the term Quarry Minerals is used in this Guide it is meant industrial minerals, marbles & natural stones.

What is the Quarry Minerals’ Ownership Right?

The right to explore and exploit Quarry Minerals, located either on surface or underground, is called Quarry Minerals’ Ownership Right. This right belongs to the owner of the land in which these minerals occur, or to any third party the landowner has lawfully ceded this right. The holder of this right is entitled also to exploit all produced by-products and to utilize the extractive wastes stemming from the extraction and processing of Quarry Minerals (Art.44, paragraph 1 of L.4512/2018).

The procedures applied, for the granting of Quarry Minerals’ Ownership Right, depend on the type of land ownership namely private, public, or municipal.

Procedures to obtain the Quarry Minerals’ Ownership Right on private land

The exploration and exploitation right on private land, belongs to landowner or to any third party the landowner has lawfully ceded this right. The latter case shall be evidenced by a notarial deed of lease of the land, accompanied by the relevant documentation and certification. Such documentation includes legal title to the land, a certificate of registration from the competent land registrar’s office, a certificate and map from the cadastral office and a recent topographic map of an appropriate scale.

Exploration and exploitation activities for quarry minerals on private land are subject to a simple notification addressed to the De-centralized Administration concerned pursuant to JMD171311/2018. In cases of non-compliance with the requirements of the notification procedure, certain penalties are foreseen and may be applied to the operator, pursuant to Art. 8 of the JMD171311/2018.

Prior to the submission of the notification, the operator should have fulfilled certain obligations as analyzed further in the following steps:

1. Analysis of the successive steps to perform exploration activities on private land

Obtain the notarial deed of lease of the land, accompanied by the relevant documentation and certification.

Issue a letter of guarantee of unlimited duration for the fulfillment of your environmental restoration obligations. This letter shall amount to €500 per ha of the area of interest. Such a letter is not required when the exploration works foreseen do not constitute significant interventions to the ground (e.g., geophysical, and geochemical surveys, drillholes e.tc.).

Prepare a declaration of conformity with Standard Environmental Commitments according to Annex A of MD46294/2013. Submit it to the concerned De-centralized Administration, accompanied by the letter of guarantee of Step 1.2. The concerned De-centralized Administration will subsequently issue a decision making the operator subject to Standard Environmental Commitments pursuant to L.4014/2011 and according to Annex A of MD46294/2013.

Prepare a declaration of conformity with Standard Technical Commitments according to Annex 1 of L.4512/2018. Submit the declaration to the concerned Mining Inspection Department for its assent. The quantity of the material that may be obtained for research will be reported in this declaration. Said quantity should not exceed 5 m3 per 1ha, while the total excavated volume may not exceed ten times that quantity (Art.50 of L.4512/2018).

Pay a fee of €100 value for the submission of the notification. Submit the notification, according to Annex II of JMD171311/2018, via electronic means, using the Integrated Information System for Performing Activities and Controls (IMS-PAC). If IMS-PAC is not yet in place, submit the notification to the De-centralized Administration. Keep the receipt of the notification’s submission safe.

Create a dossier and keep the dossier complete and up to date for future audits and inspections.

1. Simplified diagram – Exploration for Quarry Minerals on private land

Obtain the notarial deed of lease of the land (Step 1.1)

  • Legal title to the land, with the land registrar’s office certificate
  • Certificate and map from the cadastral office
  • Recent topographic map

Decision for subjection to Standard Environmental Commitments (Steps 1.2 & 1.3)

  • Issue a letter of guarantee of €500 per ha in case of extended interventions
  • Prepare a declaration of conformity with Standard Environmental Commitments
  • Submit the letter and declaration to the concerned De-centralized Administration which will issue the decision for subjection

Obtain the assent of the Mining Inspection Department (Step 1.4)

  • Prepare a declaration of conformity with Standard Technical Commitments
  • Submit it to the Mining Inspection Department concerned

Notify your activity (Step 1.5)

  • Pay a fee of €100
  • Submit the notification electronically or to the De-centralized Administration

Dossier (Step 1.6)

  • Create and keep a complete dossier of documents

2. Analysis of the successive steps to perform exploitation activities on private land

Obtain the notarial deed of lease of the land, accompanied by the relevant documentation and certification. The deed shall have an initial duration of 20 years which may be extended for another 20 years unilaterally at the will of the leaseholder. The leaseholder shall pay an annual lease fee to the landowner comprising a fixed fee and a pro-rata fee, pursuant to Art. 45 of L.4512/2018. The duration of the notarial deed of lease, provided certain conditions are fulfilled, may be extended beyond 40 years, but under no circumstances may exceed a total of 70 years from the start of the lease (Art. 45 paragraph 3 of L.4512/2018).

Conduct an Environmental Impacts Assessment Study (EIA) and submit it to the competent authority (i.e., YPEN for A1 subcategory and the De-centralized Administration for A2 subcategory). Obtain the decision on the approval of environmental conditions for the requested activity (i.e., AEPO). This decision is either issued by YPEN or by the concerned De-centralized Administration, in accordance with the MD37674/2016.

Prepare the Technical Study of exploitation in accordance with the KMLE and submit it to YPEN, accompanied by the notarial deed of lease of the land and the AEPO. Obtain approval of the submitted technical study. Pay a fee for the approval ranging from a minimum amount of €300 to a maximum amount of €6.000. This fee is calculated as a 2‰ percentage on the budget of the investment foreseen.

Obtain approval by the Minister for Culture and Sports, in accordance with Art.10 of L.3028/2002. Skip this step if this approval has been granted at a previous stage (i.e., step 2.2).

Issue a letter of guarantee of unlimited duration for the fulfillment of your environmental restoration obligations. The value of the letter shall be calculated according to the amount of environmental restoration costs, indicated in the decision on the approval of environmental conditions. Submit the letter of guarantee to the concerned De-centralized Administration.

Pay a fee of €200 value for the submission of the notification. Submit the notification, according to Annex II of JMD171311/2018, via electronic means, using the Integrated Information System for Performing Activities and Controls (IMS-PAC). If IMS-PAC is not yet in place, submit the notification to the concerned De-centralized Administration. Keep the receipt of the notification’s submission safe.

Create a dossier and keep the dossier complete and up to date for future audits and inspections.

Procedures to obtain the Quarry Minerals’ Ownership Right on public or municipal land

The exploration and exploitation right of Quarry Minerals located on public land or municipal land belongs respectively to the Greek State or the concerned Municipality. The Greek State also owns the right to explore and exploit Quarry Minerals located on public land designated as forest or public grassland.

The coordinator of the concerned De-centralized Administration or the head of the concerned Municipality conduct the leasing of public or municipal land respectively either by direct lease agreements or through a public sealed bid auction (pursuant to Art. 53 and 54 of L.4512/2018). Lease contracts regarding exploitation by direct lease agreements shall apply only if the applicant has already lawfully obtained the right to perform exploration activities in the specific area.

Lease contracts regarding exploitation are valid for at least 20 years which may be extended for an additional 20-year period, provided a mutual agreement between the two parts has been reached. The duration of the notarial deed of lease, may be extended beyond 40 years, provided certain conditions are fulfilled, but under no circumstances may exceed a total of 70 years from the start of the lease (Art. 45 paragraph 3 of L.4512/2018).

Exploration and exploitation activities on public or municipal land are subject to approval requirements. As provisioned, the lease contract drawn up in accordance with Art. 45, 53 and 54 of L.4512/2018 regarding exploitation, shall serve as approval.

2. Simplified diagram – Exploration for Quarry Minerals on private land

Obtain the notarial deed of lease of the land (Step 2.1)

  • Legal title to the land with the land registrar’s office certificate
  • Certificate and map from the cadastral office
  • Recent topographic map
  • Deed duration: min 20 and max 70 years
  • Lease fees: a fixed fee and a pro-rata fee

Obtain the AEPO (Steps 2.2)

  • Conduct an Environmental Impacts Assessment Study (EIA)
  • Submit the EIA Study to the competent authority that shall issue the AEPO

Obtain approval of the Technical Study (Step 2.3)

  • Prepare the Technical Study in accordance with the KMLE
  • Submit the Study to YPEN together with the notarial deed and the AEPO
  • Pay 2‰ on the investment budget as fee for the approval (min €300 max €6.000)

Issue and submit a letter of guarantee (Step 2.4)

  • Issue a letter of guarantee covering your environmental restoration obligations
  • Submit the letter to the De-centralized Administration

Obtain approval of the Minister for Culture and Sports (Step 2.5)

Issue and submit a letter of guarantee (Step 2.6)

  • Pay a fee of €200
  • Submit the notification electronically or to the De-centralized Administration

Create and keep a complete dossier of documents (Step 2.7)

3. Analysis of the successive steps to perform exploration activities on public or municipal land

Apply for the approval of exploration via electronic means using the Integrated Information System for Performing Activities and Controls (IMS-PAC). If IMS-PAC is not yet in place, apply to the concerned De-centralized Administration. The application is accompanied by a topographic map of 1:5000 scale and a fee of €3.000 value. Exploration work in public and municipal areas shall be carried out in a single (unified) designated area of up to 30ha. The De-centralized Administration shall examine the application if certain conditions are met (pursuant to Art.3, paragraph 7 of JMD171313/2018). If the application is accepted the applicant proceeds to the next steps.
In the case of municipal land, the assent of the concerned municipal council is requested.
Issue a letter of guarantee of unlimited duration, amounting to €500 per ha, for the fulfillment of your environmental restoration obligations. Such a letter is not required when the exploration works foreseen do not constitute significant interventions to the ground (e.g., geophysical, and geochemical surveys, drillholes e.tc.).
Submit to the concerned De-centralized Administration a declaration of subjection to Standard Environmental Commitments, according to Annex A of MD46294/2013, accompanied by all the necessary documentation and the letter of guarantee referred to in Step 3.3 (pursuant to L.4014/2011 and MD46294/2013).
Prepare a declaration of conformity with Standard Technical Commitments according to Annex 1 of L.4512/2018. Submit the declaration to the competent Mining Inspection Department for its assent. This assent should be duly submitted to the concerned De-centralized Administration. The quantity of the material that may be obtained for research will be reported in this declaration. Said quantity should not exceed 5 m3 per 1ha, while the total excavated volume may not exceed ten times that quantity (Art.50 of L.4512/2018).
The concerned De-centralized Administration examines all submitted documents and grants its approval within 20 days (provided all submitted documents are complete). The applicant pays a €400 fee for the approval. Approval is granted on a ‘first come first served’ basis, as evidenced by the reference no of the submitted original application in step 3.1 and it is valid for 2 years and for a single (undivided) designated area of up to 30ha.

3. Simplified diagram – Exploration for Quarry Minerals on public or municipal land

Submit application for approval of exploration (Step 3.1)

  • Pay a fee of €3.000 to the De-centralized Administration
  • Submit a topographic map of 1:5000 scale for a unified single area ≤ 30ha

Obtain the assent of the concerned municipal council (only for municipal land) (Steps 3.2)

Decision for subjection to Standard Environmental Commitments (Step 3.3 & 3.4)

  • Issue a letter of guarantee of €500 per ha in case of extended interventions
  • Prepare a declaration of conformity with Standard Environmental Commitments
  • Submit the letter and declaration to the concerned De-centralized Administration which will issue the decision for subjection

Obtain the assent of the Mining Inspection Department (Step 3.5)

  • Prepare a declaration of conformity with Standard Technical Commitments
  • Submit it to the Mining Inspection Department concerned

Granting of the approval for exploration (Step 3.6)

  • Pay a fee of €400 to the De-centralized Administration
  • Approval is granted within 20 days following acceptance of documents
  • Approval is valid for 2 years

4. Analysis of the successive steps to conduct exploitation activities on public or municipal land performed by direct lease agreement

Compose an Environmental Impacts Assessment Study (EIA) and submit it to the competent authority (i.e., YPEN for A1 subcategory and the De-centralized Administration for A2 subcategory). Reserve the submission’s receipt.
Apply for a direct lease agreement, via electronic means, using the Integrated Information System for Performing Activities and Controls (IMS-PAC). If IMS-PAC is not yet in place, submit the application to the concerned De-centralized Administration (public land) or the concerned Municipality (municipal land), at the latest within six (6) months from the expiry date of the exploration permit, accompanied by the receipt of EIA submission in Step 4.1.
Obtain the AEPO issued either by YPEN or by the De-centralized Administration concerned, based on the EIA study submitted in Step 4.1. Submit the AEPO to the concerned De-centralized Administration (public land) or the concerned Municipality (municipal land).
Prepare the exploitation Technical Study in accordance with the KMLE and submit it to YPEN, accompanied by the AEPO. Obtain its approval and submit it either to the concerned De-centralized Administration (public land) or the concerned Municipality (municipal land). Pay a fee for the approval ranging from a minimum amount of €300 to a maximum amount of €6.000. This fee is calculated as a 2‰ percentage on the budget of the investment foreseen.
Issue a letter of guarantee, of unlimited duration, for the fulfillment of the environmental restoration obligations. Its value shall be based on the amount of environmental restoration costs indicated in the AEPO. Submit this letter of guarantee to either the concerned De-centralized Administration (public land) or the concerned Municipality (municipal land).
Issue a letter of guarantee for proper performance of the terms and conditions of the lease contract and submit it to the concerned De-centralized Administration.
The coordinator of the concerned De-centralized Administration, in the case of public land or the mayor in the case of municipal land shall, within 20 days and after payment of a €600 fee, issue a decision approving the direct lease agreement of the respective public or municipal land setting out the financial conditions of the lease contract. They shall invite within 20 days the interested party to sign the contract. Lease contracts have a duration of min 20 years and may reach a max of 70 years provided certain conditions are fulfilled (according to Art. 45, paragraph 3 of L.4512/2018).
Prior to the commencement of any operations on public or municipal land and within one year from the signing of the respective contracts, the lessee should notify YPEN, and the Archaeological service concerned about the start of operations.

4. Simplified diagram – Exploitation of Quarry Minerals on public or municipal land by direct lease agreement

Conduct an EIA Study and submit it to the competent (Step 4.1)

Submit application for direct lease agreement (Steps 4.2)

  • Within 6 months from the expiry date of the exploration permit
  • Attach receipt of the EIA submission to application

Obtain the AEPO (Step 4.3)

Obtain approval of the Technical Study (Step 4.4)

  • Prepare the Technical Study in accordance with the KMLE
  • Submit the Study to YPEN together with the AEPO
  • Pay 2‰ on the investment budget as fee for the approval (min €300 max €6.000)

Issue and submit 2 letters of guarantee (Steps 4.5 & 4.6)

  • Issue a letter of guarantee covering your environmental restoration obligations
  • Issue a letter of guarantee for proper performance of the terms of the lease contract
  • Submit the letters to the authority concerned

Sign the lease contract (Steps 4.7)

  • Pay a fee of €600 and submit the receipt to the authority concerned
  • Within 20 days, a decision shall be issued approving the direct lease agreement
  • Deed duration: min 20 and max 70 years

Notify about commencement of activities within 1 year from the signing of the lease contract (Steps 4.8)

Metallic Minerals or Ores

What is the Metallic Minerals’ Ownership Right

For exploration or/and exploitation of Metallic Minerals or Ores in Greece, one must hold the Metallic Minerals’ Ownership Right. It is a right in rem governed by the Greek civil law relating to immovable property, while it is totally discreet from the land (ground) ownership right where resources are found. However, the owner of this right should eventually obtain also the (private) land ownership right through acquisition or leasing or expropriation activities as foreseen by the Mining Code provisions. For Private Mines, Metallic Minerals’ Ownership Right and Mine Ownership Right can be inherited, gifted or transferred to natural or legal persons from EU Member States and third countries, under the presumptions of the Mining Code.

How to obtain the Metallic Minerals’ Ownership Right?

The procedures to obtain the Metallic Minerals’ Ownership Right for Private Mines are presented in cases one (1) and two (2) and for Public Mines in case three (3):

(1) The Metallic Minerals’ Ownership Right for Metallic Minerals or Ores that are not exempted over the State, may be directly conceded by the State to any private entity under the presumptions of the Mining Code. The procedure involves three (3) stages, concluding with the issuance of a Presidential Decree (PD) which is the title of the Mine Concession. In this case the private entity is concurrently entitled to the Mine Ownership Right. Case 1 is further analyzed in detail separately.

(2) The Metallic Minerals’ Ownership Right on an already established Mine Concession (i.e., Private Mine), may be transferred together with the Mine Ownership Right or leased by the Mine Owner to a third party. In the latter case (i.e., leasing), the third party is not entitled though to the Mine Ownership Right which rests with the Mine Owner. Prior approval of the competent Minister is required, if the Mine Ownership Right (i.e., Mine Concession title) will be transferred to third parties of EU Member States’. Transfer of the right to non-EU Member States’ third parties requires prior approval of the Ministers’ Council. Approval by the Council of Ministers shall also be required in case of acquisition of rights by non-EU Member States’ natural or legal persons, resulting from succession, legacy, or donation upon death.

(3) The Metallic Minerals’ Ownership Right in the case of Public Mines belongs to the State. The State may exercise its right by direct labor operations (i.e., in house award) or concede it to a third party through leasing following a tendering procedure. Exceptionally, for reasons of public interest, the State may lease its right by direct lease agreements (i.e., award a contract without initiating a tendering procedure). Legal or natural persons registered in EU Member States and in third countries are entitled through leasing to this right. In the case of Public Mines, the beneficiaries are not entitled to Mine Ownership Right.

Analysis of the procedure to obtain a Mine Concession of case (1)

Stage I: Apply for a Metallic Minerals’ Exploration License (AME)

(Eligible only to natural or legal persons of EU Member States)

Eligible to apply for AME are only natural and legal persons of EU Member States. AME is granted on a ‘first come – first served’ basis and is valid for 3 years. This stage is obligatory to the beneficiaries of Stage I to proceed to Stage II. After granting the right to perform exploration activities, no further approvals are required to commence these activities. The AME holder may transfer his right to any natural or legal person from EU Member States and third countries. Prior approval of the Ministers’ Council is required when the AME holder transfers his right to natural or legal persons of non-EU member states. Stage I involves five (5) steps.

File an application to the concerned Administrative Region (Perifereia), accompanied by

  • A topographic map of the site of interest signed by the competent person. The coordinates shall be defined according to the Greek Geodetic Reference System 1987 – GGRS87 / ΕΓΣΑ87 (EGSA87). The site of interest shall not exceed an area of 10km2.
  • A Duplicate Receipt of the Treasury of €3.000 value (according to Art.23 of the Mining Code).
  • A Certificate of Nationality if the applicant is a natural person or an extract of the company’s Statute if the applicant is a legal person.

Note: The application is submitted electronically if the service is available. Otherwise, it is submitted by a Bailiff. Legal transaction inter vivos of the right stemming from the application is not possible.

Issuance of Declaratory Act

The Head of the concerned Administrative Region issues a Declaratory Act, within a time limit of two (2) months from the submission date (step I-1). declaring completion of the inspection of all submitted documents and inviting the applicant to submit additional documents.

Note: The site of interest may have been reduced after the check carried out if e.g., part of the requested area extends to the jurisdiction of another Region, if part of it is already reserved etc.

Submit additional documents

The Head of the concerned Administrative Region invites the applicant to specify, within the boundaries of the requested area, the type and location of the envisaged interventions (exploration work). Additional documents must be provided at this point, depending on the type of intervention foreseen.

  • No intervention: Submission of a written declaration, authorized by a competent scientist, when the intended exploration work has no intervention on the ground. In such cases, no further administrative permit or act is required.
  • Limited intervention: Submission of a declaration of subjection to Standard Environmental Commitments (SEC) (MD46294/2013, Annex Α) and approved Standardized Technical Study (L.4512/2018, Annex 2) when exploration work involves small scale excavations (5m3/ha) and a generally limited ground intervention (e.g., seismic profiling methods using explosives).
  • Extensive intervention: Submission of Environmental Terms Approval Decision (AEPO) and approved Standardized Technical Study (approval fee €300), in accordance with L.4512/2018, Annex 2, when exploration work involves drilling and/or any other type of severe intervention on the ground (i.e., opening of exploration galleries).

Issuance of the AME decision

The Head of the concerned Administrative Region, issues the Metallic Minerals’ Exploration License (AME), within a timeframe of sixty (60) days, provided the submitted documents are complete (according to JMD171312/2018). The decision of the AME is published in the Government Gazette (GG). By virtue of the issued AME, the right to carry out mineral exploration in the requested area (as it may have been confined) and the approval of the submitted exploration programme are granted and authorized concurrently. AME is valid for 3 years (Art.34, paragraph 2 of the Mining Code, as amended).

Notify the competent authority if additional actions are needed

If the results of the exploration work indicate the need to perform further surveys on another location, within the licensed area, the AME holder shall notify the the Administrative Region according to Annex II of MD171312/2018, within the validity period of the AME, and submit the supporting documents mentioned in step I-3, prior to the commencement of any new exploration work. The notification is done via a Monitoring Information System (M.I.S.). If the latter has not been set up yet, the notification takes place via www.notifybusiness.gov.gr

Stage I simplified flow diagram

Step 1 File an application to the concerned Administrative Region, accompanied by
a topographic map + a certificate of nationality or an extract of the company’s Statute + a Duplicate Receipt of the Treasury of €3.000 value

Step 2 Within 2 months from the application date, the Head of the Administrative Region issues a Declaratory Act

Step 3 Depending on the type of interventions foreseen, the applicant should subsequently submit:

  • A written declaration authorized by a competent scientist (no intervention foreseen), or
  • A declaration of subjection to Standard Environmental Commitments (SEC) + approved Standardized Technical Study after opinion of the concerned Mining Inspection Department (limited intervention foreseen), or
  • The Environmental Terms Approval Decision (AEPO) + approved Standardized Technical Study after opinion of the concerned Mining Inspection Department (extensive intervention foreseen).

Step 4 Within 30 days, the decision for the AME is published in the GG, having a validity of 3 years.
The AME decision is granting concurrently the right to carry out exploration and the approval of the exploration program.

Step 5 Notify the competent authority if additional research actions are needed

 

Stage II: Apply for Mine Concession (i.e., Mine Ownership Right)

(Eligible to natural or legal persons of EU Member States, holders of the AME title obtained in Stage I and to natural or legal persons of non-EU Member States who lawfully obtained the right by acquiring an existing AME title)

Following a successful completion of mineral exploration programme, the AME holder is entitled to apply for the Mine Concession within the validity period of AME. Stage II is decisive for the granting of Mine Concession which largely depends on the accuracy and completeness of the submitted feasibility study. At this Stage the AME may be extended for another year pursuant to Art.48 of the Mining Code as amended. Stage II involves three (3) steps.

File an application to the concerned Administrative Region for Mine Concession

Apply, the latest by the expiry date of the validity period of the AME, defining the exact boundaries of the requested area, and declaring the metallic mineral resources, discovered during exploration: The application shall be accompanied by:

  • A Duplicate Receipt of the Treasury of €10.000 value (according to MD24023/2011).
  • A Letter of guarantee of €20.000 value, if the requested area is smaller than 5km2, or of €30.000 value, if the requested area is larger than 5km2 and smaller than 10km2(according to MD24023/2011).
  • Feasibility study, accurate and suffice, reporting fully in detail the results of the performed exploration work and the investment plan foreseen for the mine to be established. This study is a key and decisive element to obtain the mine concession.

Note: The amounts may be adjusted by ministerial decisions published in the Government Gazette (pursuant to Art. 188A of the Mining Code).

The file is forwarded to YPEN

After the inspection of the submitted documents, the Head of the concerned Administrative Region, shall forward the file along with the feasibility study to the YPEN. The Ministry asks the Hellenic Survey of Geology and Mineral Exploration (HSGME) to assess the accuracy of the submitted feasibility study.

Actions foreseen after evaluation of the feasibility study

    • a) If the feasibility study is evaluated as accurate and adequate, the Minister returns the complete file back to the Head of the Administrative Region to proceed to Stage III. For the approval of the study a fee must be paid calculated as a 2‰ percentage on the budget of the investment foreseen and ranging from a minimum amount of €300 to a maximum amount of €6.000 (MD71099/2018).
      b) If the feasibility study is evaluated as inadequate or inaccurate, the Minister may extend the duration of the AME for an additional year, on top of the original three years, to facilitate the AME holder in upgrading the feasibility study. If the new study remains insufficient or in the event of no resubmission, the Minister rejects the application for the mine concession and frees up the area.

Stage III: Establishment of the Mine Ownership Right (Mine Concession)

This Stage concludes with the issuance of the Presidential Decree establishing the Mine Concession title. This title is granting Ownership Right for all metallic minerals occurring in the area of the Concession, except those for which the Ownership Right rests with the State. The Mine Concession title is valid for fifty (50) years with the possibility to extend its validity for two additional periods of twenty-five (25) years each. Stage III involves three (3) steps.

The Head of the concerned Administrative Region issues a concession notice

The Head, issues a concession notice, proposing the concession of the area, that coincides with the AME site, to the AME holder. At this stage, pursuant to Art.51 of the Mining Code as amended, the concession applicant, as well as anyone invoking mining rights on the site under concession has the right to appeal within a specified timeframe. The notice is published in the Government Gazette (GG) and is notified by bailiff or by police authority to the person who applied for the concession, against receipt. The Head of the Administrative Region forwards the file and all supporting documents to the Ministry (i.e., YPEN) in case no appeal has been brought against the notice.

Final review of the procedure

The competent Ministry (i.e., YPEN), examines whether the procedures followed in previous steps comply with the MC provisions.

Issuance of the PD establishing the Mine Concession

The competent minister issues a PD on the Mine Concession. The PD is published in the GG. The Mine Ownership Right is established following publication in the GG of the PD. The title is valid for fifty (50) years with the possibility to extend its initial validity period for two additional periods of twenty-five (25) years each. The mine owner shall have the exclusive right to explore, extract and in general exploit all Metallic Minerals occurring within the boundaries of mine concession, excluding those for which this right rests with the State.

 

Procedures to obtain the right to explore and exploit

Metallic Minerals or Ores

Quarry Minerals

 Environmental classification of mining activities

Environmental permitting is performed pursuant to L.4014/2011, as amended and valid. It is the most time consuming and demanding procedure within the licensing/permitting process of the mining projects and activities in Greece. The complexity and time duration of the environmental permitting is affected by the category of the project, as set in the MD37674/2016 as amended and valid, that classifies projects and activities into Groups and Types.

Mining Projects and Activities constitute Group 5 of Annex V of this decision, entitled “Extractive and related activities” which includes twelve (12) types of projects/activities. Each type of project/activity defined is classified into categories A and B. Category A is further subdivided in A1 and A2 subcategories. A summary of this classification per type of mineral raw material, processed by the authors, is presented in Table 2.1.2-1. Click here to see the related Table of Annex V of MD 37674/2016.

The classification of a project/activity in a specific category depends on the significance of the expected environmental impacts of that project. Sub-category A1 corresponds to projects/activities with significant environmental impacts. The provisions for the environmental permitting for such projects are complicated and lengthy, considering the legal timeframe set in L.4014/2011. Sub-category A2 lists projects / activities with less significant environmental impacts and its procedures for environmental permitting are easier. For each of the above subcategories, an EIA Study is prepared according to MD170225/2014 as amended, submitted and evaluated. The permit is granted with the Environmental Terms Approval Decision (AEPO).

Projects and activities listed under category B are characterized by insignificant environmental impacts and for this reason they do not require an Environmental Impacts Assessment Study (EIA Study) for environmental permitting (article 8 of L.4014/2011). These projects and activities are subject to Standard Environmental Commitments (SEC) or Standardized Environmental Terms.

For all projects and activities classified into Sub-category A1, the competent authority for the evaluation of the EIA study is the Ministry of Environment and Energy (YPEN). The AEPO takes the form of a MD issued by YPEN. The projects and activities that are included in Sub-category A2 are submitted to the De-Centralised Administration for environmental permitting. In the latter case, the AEPO is issued by the De-Centralised Administration.

Table 2.1.2-1: Processed summary of extractive and related activities’ classification per type of mineral raw material

Legal classification of Mineral Raw Materials (MRM)

The Mineral Raw Materials (MRM) in Greece are legally classified in two broad categories:

Metallic Minerals or Ores(a) Metals in their native state (copper, gold, etc.); (b) Compounds of all metals; (c) Rare earth metals; (d) Minerals of radioactive elements; (e) Native sulphur, graphite, phosphorite, fluorite, asbestos, talc, alunite, mica, feldspar, potassium alum, sodium chloride, compounds of boron, bromine and iodine, sepiolite, dolomite containing more than 21% of magnesium oxide; (f) Precious stones; (g) All solid fossil fuels, including peat; (h) Natural deposits of organic fertilisers; (i) Hydrocarbons of all kinds in solid or gaseous state, as well as their oxidation products (ozokerite, asphalt, pitch tar, pitch tar limestones and slates etc.); (j) Resinous mineral materials; (k) Helium gas and native gases, and (l) ‘Geothermal potential’

and

Quarry MineralsMarble, limestone of all kinds, dolomites containing less than 21% of magnesium oxide, slate, marls, clays, kaolin, silts, montmorillonite, bentonite, chalk, gypsum, alabaster, flysch, tuffs, amphibolite, prasinites, quartzites, ophites, olivines, peridotites, syenite, diorites, granites, trachytes, basaltes, rhyolites, dakitis, andesite, diabase, obsidians, perlites, pumice, puzzolan, sandstone, sands and every rock similar to the above.

. This legal classification was provisioned in the Mining Code (MC), based on the significance of the MRM to the national economy and does not always correspond to the scientific or technical definition of the referred raw materials. It serves the segregation of mineral resources’ ownership rights from land ownership rights. Hence, land ownership rights do not extend to the Metallic Minerals or Ores due to the significance of the latter to the national economy. The right to explore and exploit Metallic Minerals or Ores may be granted to any private entity, according to the provisions of the MC. The minerals referred to in article 143 of the MC (e.g., hydrocarbons, solid energy minerals, geothermal energy, etc.) are exempted from this rule. For these minerals, the right to explore and exploit rests with the State.  On the contrary, the right to explore and exploit Quarry Minerals (i.e., the Quarry Minerals’ ownership right) coincides with the land ownership right. The landowner (or whoever he legally concedes this right) has the exclusive right to exploit these resources according to the provisions of the relative legislation.

Legal classification of mineral raw materials (MRM)

Basic concepts

Legal classification of Mineral Raw Materials (MRM)

Environmental classification of mining activities

Permitting/Licensing

The permitting system for Mineral Raw Materials (MRM) exploration and exploitation in Greece involves two regulatory pillars, corresponding to the legal classification of MRM in Metallic Minerals or Ores and Quarry Minerals and having as capstones the Mining Code (MC) and the Quarrying Law. The MC applies to the permitting of   Metallic Minerals or Ores and the Quarrying Law to the permitting of Quarry Minerals. The Mining and Quarrying Activities’ Regulation (KMLE) applies to all types of mining and quarrying sites during exploration, extraction, exploitation, or treatment of mineral raw materials and rehabilitation activities.

Environmental permitting, as provisioned by L.4014/2011, constitutes a prerequisite for the overall permitting/licensing of extractive activities. The environmental permitting of projects and activities classified as category A (Environmental classification of mining activities) requires an Environmental Impacts Assessment Study (EIA) and the issuance of the Environmental Terms Approval Decision (AEPO). Category B projects and activities do not follow this process but are subject to Standard Environmental Commitments (SEC).

The preparation and approval of the EIA and Technical Study, duly submitted to the competent Permitting/Licensing authorities, constitute key components of the permitting system and comprise the most demanding and time-consuming stages of the permitting/licensing process.

The permitting system for Mineral Raw Materials exploration and exploitation in Greece involves two regulatory pillars, based on their legal classification in two broad categories: Metallic Minerals or Ores and Quarry Minerals.
The final stage of the permitting procedure involves the approval, by the competent Permitting/Licensing authorities, of the Technical Study (of exploitation and/or exploration activities), duly submitted by the interested party, pursuant to the prevailing legislation.

Basic concepts

Procedures to obtain the right to explore and exploit

Permitting/Licensing authorities