The unanimous decision of the Kozani City Council: “Necessary interventions and coordination for the completion of the Pontokomi relocation procedures”

The President
requested the President of the Local Community to introduce the issue as requested
in writing via his letter 3809/13-10-2022, and the floor was subsequently given to
Dimitris Mavromatidis representative of the residents and former President of the Kozani City
Council, who presented the following in implementation of the decision of the
expanded Local Council (Popular Assembly) of Pontokomi dated 18.09.2022,
stating:

• The
  provision of § 6.4.7 of Law 4956 (Government Gazette A 140/19.7.2022) “Ratification of the
  Programmatic Agreement of para. 4 of article 155 of Law 4759/2020 between the
  Greek State and the societes anonymes with the distinctive title «METAVASI
  S.A.» and «Public Power Corporation S.A.»”, which stipulates that «Out of the areas included
  in the Post-Lignite Exploitation Lands, the areas of the Settlements of …Pontokomi
  …which are depicted in the topographic diagrams …1 (iii) of Annex 1
  shall be handed over to METAVASI S.A. within the framework of the application of the present in accordance with the
  Land Availability Programme, after, through the diligence and at the expense of the Public Power Corporation S.A.,
  all actions for the execution of the judicial decisions
  of administrative evictions have been completed, as well as the demolition of the facilities and buildings,
  the removal of materials and the remediation of the soil for both the above-ground
  and underground structures. The company METAVASI S.A. already grants, by means of the
  present regulation, authorisation to the Public Power Corporation S.A., so that the latter, following the transfer
  of the areas of the preceding subparagraph to the ownership of the company METAVASI
  S.A., may proceed with all the necessary actions for the execution of the aforementioned
  judicial decisions and the implementation of all kinds of actions that
  are required for this purpose. In the event that, beyond the above
  authorisation, additional actions are required on the part of the company
  METAVASI S.A. for the implementation of the aforementioned judicial decisions and actions
  by the Public Power Corporation S.A., METAVASI S.A. shall proceed without delay to all necessary
  actions towards this end.» cannot apply due to erroneous data regarding
  the non-completion of the public envisioned infrastructures for the relocation
  of the Pontokomi settlement. Essentially, this constitutes a confirmed «Deviation Event»
  in accordance with the provision of § 6.2 of the same Law. As such,
  there is a necessity to take actions to amend this specific
  provision.
• Greek legislation, in contrast to other European
  countries, did not havespecialised
  legislation for the relocation of settlements. Therefore, the relocation
  of settlements was a combination of the existing legislation regarding compulsory
  expropriations for reasons of public interest and the provision by public bodies
  for the concession of land and the implementation of public interest infrastructure
  projects. Consequently, we have two processes running in parallel: 1. That of the
  compulsory expropriation, 2. That of the allocation of plots (selection, urban planning,
  public reception works, etc.). The selection of the relocation site for Pontokomi was carried out through scientific procedures of environmental assessment for the proposed sites, with
  successive popular assemblies, technical meetings, and the proposed
  selection was made following a decision by the Public Power Corporation regarding the transfer of the extra-high
  voltage pylons, at a cost of 20 million euros, which was taken on 27.08.2009 and communicated to the
  Prefect of Kozani via their document 20163/01.09.2009. The above, following
  actions by the Municipal Authority, was confirmed by the document 330/27.01.2014 of the
  Public Power Corporation S.A. to the Mayor of Kozani L. Maloutas, where it was stated «…the Public Power Corporation,
  continuing the same policy in relation to the relocation of settlements, took
  the relevant decision of the Board of Directors (2009) when the transmission networks still belonged to the
  Public Power Corporation S.A. However, despite the fact of
  the separation of IPTO from the Public Power Corporation, the Company remains steadfast in its initial
  decision to implement the deviation project for the transmission networks, of a total
  cost of up to 20 million euros.»
• The Public Power Corporation S.A. in 2021 reneged via the document with ref. no.
  1234/17.07.2021 to the Mayor of Kozani, stating «As you have been
  informed also by means of the related document (b), the necessity for the implementation of the said
  Project did not arise from the expansion of the activities of the Public Power Corporation S.A. in the
  Ptolemaida Mines, hence the financial obligations of the Enterprise
  are exhausted with the expropriation of the settlements that are impacted due to the expansion
  of its Mines. The deviation project for the two (2) overhead Transmission Lines
  of Extra-High Voltage (400kV), which involves their undergrounding for the
  greater part of their length, has been included in the Ten-Year
  Network Development Plan (TYNDP) of the National Electricity Transmission System, approved by the Regulatory Authority for Energy (RAE),
  for the period 2019-2028 of IPTO, and the coverage of its expense must be assumed by
  the Operator insofar as, by legislative mandate and not by entrepreneurial
  initiative of the Enterprise, the Public Power Corporation S.A. is no longer active in the
  transmission of electrical energy.». However, RAE, in its document O-90106/07.10.2021,
  states with absolute clarity that it is the obligation of the Public Power Corporation S.A., stating
  inter alia «It is moreover pointed out that the Public Power Corporation S.A. never disputed the
  correctness and accuracy of the characterisation of the project, as a project intended to
  cover a need of its own, nor the assumption of the relevant expenditure by
  itself. Therefore, no late claims can be validly advanced, which
  seek to overturn what has been admitted and in force for years. In fact,
  as has been judged by the Council of State, «the beneficiary of the expropriation
  is obliged to cover the relevant expense as well» (Council of State Decision 2518/2013, para.
  6)…»
• The conflation of compulsory expropriation with
  relocation is impermissible, because there did not exist
  an institutional framework for relocations and for this reason the legislator attempted to
  address it with Article 28 of Law 3937/2011 (Government Gazette A 60/31.3.2011) «Conservation
  of biodiversity and other provisions», where it was stipulated as amended by
  Laws 4495/2017, Gov. Gazette A 167/3.11.2017 and 4585/2018, Gov. Gazette A 216/24.12.2018 with
  the main objective being Akrini and Anargyroi.
• The non-completion (breach) of the agreed obligations of the
  Public Power Corporation, given that the pylons in Nea Pontokomi have not been
  relocated to date, even though the initial amount of 20 million euros was restricted to the amount of
  10 million euros via undergrounding instead of the deviation of the pylons, brought about serious
  delays in the completion of the public infrastructures, and thus in the possibility of
  relocation of the settlement, with the result that several of the residents have had to
  cover their housing needs by whatever available means. It is noted that
  plots have been distributed across the entirety of the settlement, therefore even beneath and alongside
  its pylons, resulting in the possibility of building relocation being
  blocked.
• The infrastructure works have not been completed to date, although
  some residences have been constructed and several residents are in the stage
  of licensing without having basic infrastructures, practically rendering very difficult
  not only the construction but also practically the habitation of the existing
  residences. The implementation of the entirety of the public
  infrastructures as quickly as possible is an urgent necessity so that it is a viable settlement based
  on the design.
• Because, through the fault of the Public Power Corporation, there has not been to date the
  deviation/transfer of the high-voltage pylons of Nea Pontokomi, resulting in
  the further delay of all its relocation procedures, it is proposed
  that the Municipality of Kozani take legal action for the implementation of its obligations, which
  must be examined in their entirety, because «the administration has continuity»
  across all bodies.
• The relocation of the residents can be carried out
  provided that the projects of public interest are completed so that the settlement
  can be rendered viable. To this end, the
  acceleration of the entirety of the infrastructure works is requested.
• There must be an intervention for the expected spatial
  planning and the expected consultation that will follow for the
  determination of land uses.

A dialogue and discussion followed during which various opinions
of the municipal councillors were expressed, as these are recorded in greater detail
in the transcribed minutes, and they were particularly stressed in addition by the
Mayor of Kozani L. Maloutas and the member of the Kozani City Council and former Mayor El.
Ioannidis that:

• The issue of the responsibility of the
  ownership regarding accidents with the support of infrastructures and supporting
  structures must be addressed.
• For issues of strategic interest critical for the
  region, such as the issue under discussion, the institutional bodies, upon the initiative
  of the Mayor of Kozani, must discuss so that there is a unified stance.

Furthermore

• The provision of § 6.4.7 of Law 4956 (Government Gazette A
  140/19.7.2022) for the demolition of the facilities and buildings of the settlement of
  current Pontokomi cannot apply due to erroneous data regarding the
  non-completion of the public envisioned infrastructures for the relocation of the
  Pontokomi settlement. Essentially, this constitutes a confirmed «Deviation Event»
  in accordance with the provision of § 6.2 of the same Law and the taking of
  actions and the amendment of the specific provision is requested
• The installation and operation of the settlement is inconceivable without
  the removal-undergrounding of the high-voltage pylons, so that further delays
  of all relocation procedures may be avoided.
• The Municipality of Kozani will exercise all legal rights, even
  resort to the Judiciary, for the implementation of what is referred to in the history,
  should the envisioned procedures not be initiated immediately (within the next two months)
  on its part.
• The Pontokomi relocation is a complex procedure,
  part of which is the compulsory expropriation of the settlement. Consequently, until
  the implementation of the entirety of the envisioned infrastructures so that the settlement is
  viable, there is no question of removing the residents who have not been relocated.
  To this end, the necessary provisions must be stipulated in the same necessary legislative intervention
  so that the settlement can legally be supported both for the
  support of its infrastructures as well as of the supporting public structures such as the
  schools.

The Council, having taken into consideration:

1.   
The above presentation
of the residents as it was submitted through their representatives.

2. The no. 1/2012
unanimous decision of the Local Community of Pontokomi (Popular Assembly) of the Municipality
of Kozani.

3.   
The dialogue and discussion
that followed. following a vote, unanimously

1. Demands the abolition of para. & 6.4.7 of Law 4956 (Government Gazette A
   140/19.7.2022) for the demolition of the facilities and buildings of the Pontokomi settlement 
2. Requests that the undergrounding of the high-voltage pylons of Nea Pontokomi proceed immediately without delays. 
3. To freeze the issue of the removal of the residents who have not been relocated, and to advance the necessary legislative intervention for the legal support of both its infrastructures and the supporting public structures (schools, etc.) 
4. The Mayor, in collaboration with the Regional Governor of Western Macedonia, along with the Members of Parliament, the residents of Pontokomi and the co-competent bodies, to proceed with every action for the implementation of the above, and he will fight in accordance with what is referred to in the history of the present for their vindication.