CHAPTER I
FUNCTIONAL RECOMMENDATION-RULES-MISSION-COMPETENCES
Article 3
Recommendation-Rules of operation
1. A legal entity governed by private law, in the form of a public limited company, with the name "Hellenic Centre for Film, Audiovisual and Creation S.A.-Creative Greece S.A." and the distinctive title "Creative Greece", is hereby established. The name of the public limited company in English is "National Film and Audiovisual Center S.A.-Creative Greece" (N.F.A.C.-Creative Greece). For the purposes of this Law, this legal person governed by private law shall be referred to as a ‘Company’.
2. The Company is supervised by the Minister of Culture, operates in the public interest, has administrative and financial autonomy and enjoys administrative and judicial exemptions and imperfections, as well as the procedural and substantive privileges of the State. As regards value added tax (VAT), the Value Added Tax Code (Law 2859/2000, Government Gazette, Series I, No 248) applies.
3. The Company is governed by the provisions of this Law, Law 4972/2022 (Α΄181), Law 4548/2018 (Α΄114) and its Articles of Association. The Company belongs to public sector organisations and undertakings as defined in Article 14(1)(a) of Law 4270/2014 (GG I 143).
4. The company's headquarters are in Athens. The Company may have a branch in Thessaloniki.
5. The duration of the Company is set at fifty (50) years and starts from the entry into force of this Law.
Article 4
Mission - Responsibilities
1. The Company's mission is:
to develop, strengthen and protect the Greek film, audiovisual and creative sectors in general and to promote and promote them internationally;
supporting domestic and attracting foreign investment in the film/audiovisual sector, as well as in the cultural and creative sectors more broadly;
to support the integration of new, digital technologies and innovations in the audiovisual industry and the use of modern digital-technological means to highlight the country's cultural and creative sectors, as well as to promote and support research in these fields;
the organization and operation of the National Digital Repository of Audiovisual Works and the Innovation and Technology Hub for the Creative and Audiovisual Sector (Creative Hub GR), as well as other structures and programs for the support, networking and extroversion of these sectors;
to contribute to the fight against piracy, whether online or technological or otherwise, in the cinematographic, audiovisual and creative sectors of the country in cooperation with jointly competent bodies;
the design and implementation of education and training programmes for the audiovisual sector and the promotion of audiovisual education in line with technological developments;
the support of the Government in the design of the country's film, audiovisual and creative industry policy and its general support and promotion in Greece and abroad.
2. In the context of the above mission, the Company exercises the following responsibilities:
collect, evaluate, analyse and publish statistical and other data in its fields of activity through an Observatory in order to draw up reports and studies of strategy and documentation;
monitors and evaluates domestic, European and international developments in matters within its competence and represents or participates in the representation of Greece in all relevant international organizations as well as in the bodies of the European Union on these matters, and in particular: (ba) designate the national representative to the Council of Europe’s European Film and Audiovisual Support Fund (EURIMAGES); (bb) cooperate with the European Commission on the functioning of the Creative Europe Promotion Office (CREATIVE EUROPE); (bc) cooperate with the European Commission on the functioning of the MEDIA Promotion Office of Regulation (EU) 2021/818 of the European Parliament and of the Council of 20 May 2021 establishing the Creative Europe Programme (2021-2027);
cooperate with any competent body and make recommendations on any matter relating to the improvement and modernisation of the institutional framework for the development of the country's audiovisual and creative industry;
formulate and prepare programmes and actions for subsidies, financing and investment incentives, as well as proposals for tax incentives to the Ministry of National Economy and Finance, to support the domestic film, audiovisual and creative and cultural sectors in general, as well as to attract direct and indirect foreign investment in these sectors;
designs and implements education and vocational training actions and skills development for the audiovisual and creative industry and organizes seminars, as well as research and educational programs in the context of familiarization with all media and visual culture, as well as media literacy;
ensure the promotion of Greece as a suitable place for the realization of all kinds of audiovisual productions through the operation of the Film Commission;
develop programmes and actions to support all stages of production of feature films, from script writing to the completion of their production data, in accordance with the terms and conditions of its approved programmes and actions;
develop actions for the production of short films, in accordance with the terms and conditions of its approved programmes;
coordinates actions and programmes for the distribution and promotion of cinematographic works in Greece and abroad;
design and implement actions for animation, digital games and other forms of technology-based audiovisual productions;
designs and implements programmes to support, strengthen and promote creation and creators in cinema, audiovisual media and other cultural and creative sectors, in particular young people, through initiatives and programmes such as the launching and awarding of scholarships for studies in Greece and abroad to young producers, directors, screenwriters, artists – performers, artistic actors and technicians;
formulate programmes and actions for the integration of new technologies and innovations in the film, audiovisual and creative industries, conduct and finance relevant research and studies;
designs, manages and implements as beneficiary projects for the digital and technological transformation and for the integration of innovation and new technologies in the audiovisual and creative industry and in the areas of competence of the Ministry of Culture;
undertakes or participates in programmes funded by the European Union and other international or national organisations or bodies or legal persons or own resources in its fields of competence;
contribute to the conduct of effective cultural diplomacy of the country within the framework of its aims and responsibilities;
participates in legal entities with similar purposes, concludes programmatic or other contracts, bilateral or multilateral, with public or private entities of Greece and abroad for the fulfillment of its mission;
organises and supports domestic events or festivals for the country's film, audiovisual and creative industries and promotes these sectors at relevant events abroad;
organise and operate the National Digital Audiovisual Media Repository and ensure the digitisation of analogue audiovisual material therein;
organise and operate the Creative and Audiovisual Innovation and Technology Hub (Creative HubGR), as well as other structures and programmes to support, network and extrovert these sectors;
coordinates the network of Audiovisual Facilitation Offices at regional level;
(u)ensures the preservation of audiovisual works and collections, either ex officio if the audiovisual material is stored in inappropriate conditions at risk of destruction or by receiving audiovisual material of value to the national cultural audiovisual memory if requested to do so by public sector bodies, or by private owners or possessors or heirs;
cooperate with any public or private body for the most appropriate storage of physical and digital audiovisual archives by modern technological means;
contribute to the policy of combating piracy, whether online, technological or otherwise, in audiovisual media through actions and interventions of a technological or non-technological nature and recommend to the competent bodies of the Ministry of Culture;
make publications and printouts of all kinds and forms;
make the communication to the public of its archives for educational purposes and for the holding of events and tributes;
concludes programmatic or other contracts with public or private bodies in Greece and abroad to promote its objectives, as well as programmatic contracts under Article 100 of Law 3852/2010 (Government Gazette, Series I, No 87) and memoranda of cooperation to achieve its objectives;
(aa) acquires for consideration or free of charge, uses or manages premises and buildings in order to achieve its purposes;
coordinates actions with all public administration bodies to create and operate the appropriate infrastructure so that international audiovisual productions can be implemented in Greece;
issue the Certificate of Greek Citizenship for cinematographic and audiovisual works that meet the conditions of Article 3 of Law 3905/2010 (Government Gazette, Series I, No 219) and Article 51(3) of Law 4779/2021 (Government Gazette, Series I, No 27), as well as the certificate referred to in Article 6(3) of Law 3905/2010;
make audiovisual recordings, digital and non-digital, artistic-audiovisual activities and performances, theatrical performances, musical events and concerts in agreement with the rights holders and in accordance with the specific terms provided for in a relevant regulation issued by the Board of Directors (BoD) of the Company, which it keeps in its archives and uses for the fulfillment of its purposes,
exercise any other power delegated to it by law or other regulatory act.
3. The Company may be designated as the final beneficiary, co-beneficiary of co-financed projects or programmes of the Operational Programmes of the NSRF 2021-2027 and may be an Intermediate Management Body of the Programmes of the NSRF 2021-2027, in accordance with Article 13 of Law 4914/2022 (GG I 61).
4. Invitations for national or co-funded programs related to the utilization and promotion of cultural or historical stock using digital and innovative technologies are approved by the supervising Minister on the recommendation of the Company's Board of Directors.
CHAPTER II
ADMINISTRATION
Article 5
Administrative bodies
The Management Bodies of the Company are: a) the Board of Directors and b) the Managing Director.
Article 6
Appointment-Composition-Term of office of the Board of Directors
1. The Board of Directors of the Company is seven members. Subject to paragraph 2 ,, its members shall be elected for a four-year renewable term by decision of the General Assembly, on the recommendation of the supervising Minister, which shall be published in the Government Gazette.
2. The President and CEO of the Company shall be elected by decision of the General Meeting of the Company, in accordance with the procedures laid down in Part A of Law 5062/2023 (Government Gazette, Series I, No 183) on the selection of administrations in the public sector. Article 8(3) of Law 4972/2022 (GG I 181) shall apply to the qualifications of the members of the Management Board. Exceptionally, persons of recognised standing from the film, audiovisual or creative sectors may be selected as members of the Board of Directors, with the exception of the President and the Managing Director.
3. The Board of Directors consists of executive and non-executive members, including up to two (2) independent non-executive members, as defined in Article 9 of Law 4706/2020 (Α΄136). The status of members as executive or non-executive members shall be determined by the Governing Council. Subsequently, the General Meeting of the company, by its decision, elects the independent non-executive members in accordance with Article 7(5) of Law 4972/2022. In any case, the Chairman of the Board of Directors is a non-executive member and the CEO an executive member. In order to determine the independent non-executive members, a solemn declaration of the proposed independent member is required that the conditions of Article 9 of Law 4706/2020 are not met in his person and that otherwise he shall immediately inform the Board of Directors. If at any time it is established that the conditions have ceased to be met in the person of the independent non-executive member, the Governing Council shall take the necessary steps to replace him.
4. If for any reason one (1) or more members of the Board of Directors cease to exist, the new members shall be appointed for the remainder of the term of office of the members who have ceased to exist. Until the appointment of new members, the Board of Directors shall meet lawfully, provided that the number of its members has not decreased below three (3).
5. The members of the Board of Directors, with the exception of the President and the Managing Director, shall be removed from office free of charge for the State by decision of the General Assembly, upon recommendation of the supervising Minister, if this is deemed necessary for the proper functioning of the Company.
Article 7
Impediments, incompatibilities and disqualification of members of the Board of Directors
1. No person may be appointed or be a member of the Board of Directors of the Company if there is an impediment to appointment or a ground for disqualification, in accordance with the Code on the status of civil servants and employees of legal persons governed by public law (Law 3528/2007, Government Gazette, Series I, No 26), as well as an impediment or incompatibility under Articles 69 and 70 of Law 4622/2019 (Government Gazette, Series I, No 133) and a person who has been convicted or indicted by a final order for a felony.
2. Membership of the Board of Directors shall be incompatible with membership of the Board of Directors of a trade union or professional association in the audiovisual sector and the cultural and creative sector in general, or of a member of the management of a collective management organisation, a collective protection organisation or an independent management entity or an undertaking active in the audiovisual sector. It is not allowed to appoint as a member of the Board of Directors a person who is connected with an employee or salaried relationship with the Company.
3. The members of the Board of Directors may not, on pain of nullity of the relevant contract, contract with the Company.
4. The member whose membership of the Management Board is subject to the conditions for the disqualification of a civil servant, in accordance with Article 149 of the Code on the Status of Civilian Civilian Administrative Employees and Employees of Legal Persons governed by Public Law, or who is convicted or referred by final order for a felony, shall be deprived of his or her status as a member of the Management Board.
5. A member of the Board of Directors who is absent from meetings or prevented from attending for any reason for more than three (3) months shall be automatically forfeited and replaced by decision of the Minister of Culture.
6. In any event, the provisions of Chapter A of Part D of Law 4622/2019 on obstacles, incompatibilities and rules to avoid conflicts of interest shall apply in addition.
Article 8
Responsibilities of the Board of Directors
1. The Board of Directors shall formulate the strategy and development policy of the Company, shall be responsible for its judicial and extrajudicial representation, as well as for any act relating to the administration, management and pursuit of its purpose, with the exception of matters for which the Managing Director is solely responsible in accordance with the provisions of this Part.
2. The Board of Directors of the Company exercises the responsibilities related to the management and operation of the Company in the context of achieving its objectives and in particular:
approve its strategy and development policy, as well as the strategic and operational plans of the Company on the basis of the relevant recommendations of the Managing Director;
approve the Rules of Procedure of the Board of Directors, which must include the determination of: (ba) the responsibilities of the executive, non-executive and independent non-executive members of the Board of Directors, (bb) the responsibilities of the President and the Managing Director, (bc) the obligations arising from transactions with related parties, as defined in Annex A΄ of Law 4308/2014 (Α΄251),
approve the Company's Operating Rules, following a recommendation from the Managing Director and an opinion from the supervising Minister, as well as any report or document relating to the Company's obligations under Article 19 of Law 4972/2022 (GG I 188);
accepts donations, contributions, sponsorships, and undertakes any legal exploitation of revenue;
exercise second-degree disciplinary authority over all personnel of the Company;
approve, on the recommendation of the Managing Director, the annual budget, the annual activity report and the financial report, which shall then be submitted to the supervising Minister;
approve, on the recommendation of the Managing Director, subsidy and funding programmes, as well as their regulations;
represents the Company both judicially and extrajudicially;
assess collectively annually its effectiveness, the fulfillment of its duties, as well as of its committees and submit a relevant report to the General Assembly;
assign to consultant readers and evaluation committees the applications for funding to the Company, in accordance with the provisions of the respective subsidy and funding programmes for the evaluation bodies;
approve the film aid rate;
approve scholarship programmes.
3. The Board of Directors may, by decision, delegate to the Managing Director the exercise of one or more of its responsibilities. The CEO does not have the right to vote when it comes to taking a decision on the transfer of responsibilities of the Board of Directors to him.
Article 9
Operation of the Board of Directors
1. The Board of Directors (BoD) meets either in person at the headquarters of the Company or using electronic means (teleconference), upon written or electronic invitation of the President, regularly once (1) a month and extraordinarily whenever deemed necessary. The convening of the Board of Directors in an extraordinary meeting is mandatory for the Chairman of the Board of Directors, if a relevant request is submitted by at least two (2) members of the Board of Directors. The request referred to in the second subparagraph shall necessarily refer to the matter to be discussed and shall be submitted in writing to the Chairman of the Board of Directors, who shall convene the Board of Directors in an extraordinary meeting within three (3) working days.
2. The invitation, which is sent to members two (2) days before the meeting, sets the day, time and manner of the meeting, as well as the topics and rapporteurs of the agenda, which is drawn up by the Managing Director.
3. The rapporteur for the items on the agenda is the CEO, who may appoint as rapporteur another member of the Board of Directors or the head of an organisational unit or another member of the Company's staff, if this is a matter of which he is aware due to his position. Written submissions on the items on the agenda, together with the relevant accompanying documents, shall be communicated by any appropriate means to the members of the Board of Directors at least twenty-four (24) hours before the meeting.
4. The meetings of the Board of Directors are attended by a secretary, who is responsible for keeping minutes. The secretary shall be an employee of the Company and shall be appointed by decision of the Board of Directors on a proposal from the Managing Director.
5. The Board of Directors is in quorum and meets legally, when the President is present, or, in the absence or impediment thereof, the CEO and three (3) members. It is not allowed to represent a member of the Board of Directors at its meetings.
6. The President may, by decision, appoint his or her legal alternate in the event of his or her absence or impediment, delegate all or part of his or her responsibilities to another member of the Board of Directors or to a head of an organisational unit of any level, having the ability to determine that he or she continues to exercise the transferred responsibilities at the same time, as well as authorize the above bodies to sign, by order, acts or other documents of his or her competence. That decision shall be freely revocable in respect of all or part of the powers delegated.
7. Articles 13 to 15 of the Code of Administrative Procedure (Law 2690/1999, Government Gazette, Series I, No 45) shall apply mutatis mutandis to any other matter relating to the meetings of the Board of Directors and the taking of its decisions.
Article 10
Managing Director
The CEO is full-time and exclusive and has the following responsibilities, within the framework of the current provisions:
recommend to the Board of Directors the strategy and development policy, as well as the strategic and operational plans of the Company, submit them for approval to the Board of Directors and ensure the implementation of Article 18 of Law 4972/2022 (Government Gazette, Series I, No 188);
take the necessary measures and ensure the implementation of the decisions of the Board of Directors and the overall work of the Company, assisted by the competent services of the Company;
legally represents the Company in its relations with the administrative authorities, as well as in its relations with private and public bodies and organizations in Greece and abroad;
sign protocols of cooperation with third parties and agreements relating to the policy and strategic objectives of the Company after approval by the Board of Directors;
make recommendations on the items on the agenda of the meetings of the Board of Directors;
recommend to the Board of Directors the internal rules of organisation and operation, the Rules of Procedure of the Board of Directors, the annual budget for which it is responsible, any matter relating to staff, as well as projects funded by national or co-financed resources;
directs all services of the Company and coordinates their work;
submit to the Board of Directors for approval the annual planning of the Company's actions, which it plans, in cooperation with the competent services, the annual activity report and the report of its work, as well as proposals and recommendations for the implementation of the Company's objectives;
submit to the Board of Directors proposals, suggestions and documents required for the planning and implementation of the Company's work;
order and sign all expenses incurred and initiate all bank accounts of the Company;
concludes, signs and executes any contract approved by the Board of Directors;
sign any contract and any other relevant document regarding the recruitment and dismissal of staff and the conclusion or termination of contracts of associates and lawyers with salaried mandate of the entity, after approval of the Board.
is the disciplinary head of the Company's personnel of all kinds;
is responsible for the preparation, organization and execution of all events in cooperation with the competent services of the Company;
be responsible for finding resources in cooperation with the competent services;
formulate and prepare draft programmes, grants and funding, which it recommends to the Board of Directors for approval;
approve and issue, upon recommendation of the competent department, any act of financing or providing incentives to beneficiaries of the Company's programmes;
ascertain, on the recommendation of the competent service, that a cinematographic or audiovisual work is a difficult audiovisual work in accordance with Article 23(3);
issue, on the recommendation of the competent department, the Certificate of Greek Nationality of Cinematographic Work, as well as any other relevant attestation for cinematographic and audiovisual works in general;
exercise any other power expressly conferred on him by this or other laws and exercise the powers delegated to him by decision of the Board of Directors.
Article 11
Remuneration and allowances of members of the Board of Directors - Remuneration Committee
1. Article 11 of Law 4972/2022 (GG I 181) shall apply to the remuneration and allowances of the members of the Company’s Board of Directors and the members of the Audit Committee referred to in Article 7(6) of this Law.
2. A remuneration committee is established in the Company, in accordance with Article 12 of Law 4972/2022.
Article 12
General Assembly
Article 13 of Law 4972/2022 (GG I 181) shall apply to the General Assembly.
CHAPTER C
EQUITY - RESOURCES - FINANCIAL MANAGEMENT
Article 13
Equity-Shareholders
1. The share capital of the Company is set at three million (3,000,000) euros, divided into three thousand (3,000) shares with a nominal value of one thousand (1,000) euros each and covered entirely by the Greek State, with the possibility of an increase following a proposal by the Board of Directors to the General Meeting.
2. The Greek State is represented at the General Assembly by the Minister of Economy and Finance and the supervising Minister.
3. The share capital shall be deposited once in a special account held in the name of the company within six (6) months from the entry into force of this Law.
Article 14
Resources-Revenue
The Company's resources are:
the annual grant from the regular budget of the Ministry of Culture and the national or co-financed part of the Public Investment Programme;
funding from other public or private bodies for specific actions or funding from programmes or grants of the European Union and international organisations;
gratuitous benefits;
revenue from the provision of its services to the State, to legal persons governed by public or private law and to private persons;
income from the exploitation of the Company's works and assets, as well as from the sale of publications;
revenue from the amounts provided for in Article 17 of Law 4779/2021 (Government Gazette, Series I, No 27) on the strengthening of the national and European production of audiovisual works by on-demand media service providers established in another Member State;
an additional grant from the Ministry of National Economy and Finance to the Company not exceeding fifty per cent (50%) revenue from the pay-TV fees referred to in Article 54 of Law 4389/2016 (GG I 94) collected two (2) years before the budget reference year; and
income from any other source and any other legal income.
Article 15
Financial management-Financial control
1. The fiscal year of the Company begins on the 1st of January of each year and ends on the 31st of December of the same year.
2. At the end of each financial year, the Board of Directors closes the accounts, makes an inventory of assets and prepares the annual financial statements, as provided for in Articles 145 to 157 of Law 4548/2018 (Α΄104) and draws up an annual activity report, which accompanies them.
3. The annual financial statements and the annual activity report shall be drawn up by the management of the Company, on the basis of the applicable Accounting Standards, by 10 July of the following year and shall be submitted to the General Meeting for approval, accompanied by a report of the Board of Directors and a certificate of certified accountants, in accordance with Law 4548/2018 by 31 July of the following year. After the approval of the annual financial statements, these together with the certificate of certified accountants are posted on the website of the company where they remain for at least five (5) years.
4. The Company’s financial statements shall be subject to statutory audit by statutory auditors in accordance with Law 4449/2017 (Government Gazette, Series I, No 7), who shall be appointed by decision of the supervising Minister.
5. An audit committee shall be set up within the Company, consisting of at least three (3) non-executive members of the Board of Directors. A member shall in any case participate in the members of the Committee with proven sufficient knowledge in auditing or accounting or in another field of economics, applied accordingly to that member under Article 9 of Law 4706/2020 (Α΄136) on independent non-executive members of the Board of Directors. The members of the audit committee are appointed and dismissed by decision of the General Meeting of the Company's shareholders. The audit committee shall have, in particular, the following responsibilities:
monitoring the process of financial reporting and making recommendations or proposals to ensure its integrity;
monitor the effective functioning of the internal control system and the risk management system, as well as the proper functioning of the Internal Audit Unit, with regard to financial reporting, without violating its independence;
monitor the course of the statutory audit of corporate and consolidated financial statements.
The Audit Committee shall meet at regular intervals, at least four (4) times a year, and exceptionally when required. Minutes shall be taken at each meeting.
CHAPTER D
ORGANISATIONAL ISSUES
Article 16
Administrative structure
1. The Company is structured: a) General Directorates and b) services under the direct control of the Company's CEO.
2. The General Directorates of the Company are the following:
a) Directorate-General for Cinema, with the strategic objective of supporting the policy for the domestic film sector and promoting it internationally;
b) Directorate-General for Audiovisual Media, Technology and Creation, with the strategic objective of supporting the audiovisual and creative sectors, attracting foreign investment in these sectors, integrating new technologies and innovative methods into the audiovisual industry, contributing to the fight against piracy in the audiovisual sector, organising and operating the National Digital Repository and other support structures for the audiovisual and creative sectors, and supporting audiovisual education and training; and
c) General Directorate of Financial and Administrative Support with the strategic objective of the smooth operation of the Company in terms of its horizontal supporting functions.
3. The services that are directly subordinate to the Company's CEO are the following:
a) Office of Administration, at Directorate level, which is responsible for assisting the members of the Board of Directors (BoD) and the Managing Director, supporting the organization and operation of the BoD, studying issues and gathering data to provide appropriate information to the governing bodies, editing correspondence, keeping protocols, as well as ensuring the fulfillment of the obligations of the BoD.
b) Communication and Public Relations Unit, at the level of the Directorate, which is responsible for informing the media about the Company's activities and the promotion of its work, the coordination of the Company's services on communication and public relations issues, the organization of the Company's public relations in Greece and abroad, the organization and support of events related to the Company's mission, the organization and support of the strategy and extroversion actions.
c) Office of Legal Support, at the level of the Directorate, which is responsible for the legal support of the Company as well as of the Board of Directors, the coordination of the Company's services regarding the legislative and regulatory process, as well as regarding the evaluation of the legislative and regulatory regulations in the scope of the Company's competence, if requested, the coordination of the services for the timely and effective response of the Company in matters of parliamentary control, the coordination of the Company's services for the conduct of consultations on any matter within the Company's competence, the handling of court cases and the provision of legal advice and opinions.
d) Internal Audit Unit, Department level, organised and operating in accordance with Law 4795/2021 (Α΄ 62).
Article 17
Establishment of posts
1. One hundred and twenty (120) staff posts shall be established in the Company under a private-law employment relationship of indefinite duration, broken down by category, branch and speciality by the Company’s Organisation and Operation Regulation, in accordance with Presidential Decree 85/2022 (Government Gazette, Series I, No 232).
2. In addition to the positions referred to in paragraph 1, the following positions shall be recommended to the Company:
for the staffing of the offices referred to in Article 16(3)(a) to (c), the following shall be established: (aa) four (4) posts for associates with a fixed-term private-law employment relationship, whose term of office may not exceed the term of office of the President and the Managing Director of the Board of Directors; (ab) one (1) post for a journalist with a fixed-term private-law employment relationship, in which he is recruited by decision of the Board of Directors on the recommendation of the Managing Director, who must either be a member of a recognised professional journalist organisation in Greece or have at least two (2) years of experience in a daily political or financial newspaper or in a widely circulated magazine or on radio or television or on the internet, evidenced by the payment of his contributions to the relevant insurance body as a journalist or in a private office under Articles 45 to 47 of Law 4622/2019 and whose term of office may not exceed the term of office of the President and the Managing Director of the Board of Directors;
b) For the needs of the Company and the Legal Support Office, a total of two (2) positions of lawyers with salaried mandate and two (2) positions of legal advisers shall be established, which shall be filled in accordance with Article 43 of the Code of Lawyers (Law 4194/2013, Government Gazette, Series I, No 208).
3. Article 51 of Law 4622/2019 on annual recruitment planning shall apply to the staff referred to in paragraph 2.
4. The position provided for in Article 21(3) of Law 4704/2020 (GG I 133) shall remain in force.
Article 18
Staffing
1. The posts referred to in Article 17(1) may be filled by recruitment, transfer or secondment of staff under a private-law employment relationship of indefinite duration or by secondment of permanent staff serving in general government bodies, as defined in Article 14(1)(b) of Law 4270/2014 (GG I 143), in accordance with Law 4440/2016 (GG I 224).
2. For the implementation of programmes financed or co-financed by EU funds, the Company may employ staff under a project lease contract, in accordance with Article 6 of Law 2527/1997 (GG I 206), Article 1(q) of Joint Decision No DIPAAD/Φ.EP.1/934/6966/21.4.2023 of the Minister for Finance and the Minister for the Interior (GG II ΄ 2614), as in force, and Article 8(3) of Law 4325/2015 (GG I 47). To meet the needs of a specialised or technical nature or evaluation, the relevant project or service may, by decision of the Board of Directors, be awarded to a contractor or service provider, in accordance with Law 4412/2016 (Α΄ 147). The relevant expenditure shall be borne by the co-financed part of the Public Investment Programme of the Ministry of Culture.
3. Recruitment to fill the posts of permanent staff under a private-law employment contract of indefinite duration and of staff under a fixed-term private-law employment contract or project lease to cover seasonal and periodic or other temporary or transient needs shall be provided for in the annual human resources planning of the public administration referred to in Article 51 of Law 4622/2019 (GG I 133), shall be the responsibility of the Supreme Council for Personnel Selection and shall be carried out in accordance with Law 4765/2021 (GG I 6).
4. The Company may conclude works lease contracts with natural persons, in accordance with Article 6 of Law 2527/1997, who are employed to support the management, monitoring and execution of projects relating to the responsibilities of the Company referred to in Article 4(1)(b) and (c), as well as to support the management, monitoring and execution of IT, communication and new technology projects, which are funded either by the national or the co-financed part of the Public Investment Programme, or from another source. The current works leases referred to herein may not exceed ten per cent per annum (10%) the total number of posts referred to in Article 17(1). The above works lease contracts do not cover fixed and permanent needs of the Company and under no circumstances do they conceal an employment contract. The selection of the persons who will perform the project with a corresponding contract is made by the Company, after publication of a relevant call for interest. These contracts fall under the annual human resources planning of the public administration referred to in Article 51 of Law 4622/2019.
Article 19
Filling of posts of Heads
1. The posts of Heads of the Directorates-General referred to in Article 16(2) and of the Directorates falling within them shall be filled by application of Article 23(1) to (5) of Law 4972/2022 (GG I 188) by employees of private-law bodies of general government of indefinite duration, as defined in Article 14(1)(b) of Law 4270/2014 (GG I 143), or by specialised staff of the private sector through the conclusion of a fixed-term private-law employment contract of up to three (3) years, for which Article 51 of Law 4622/2019 (GG I 133) shall apply. The posts of Heads of Departments under the Directorates-General referred to in Article 16(2) shall be filled by decision of the Board of Directors by employees of the Company serving under any employment relationship.
2. The posts of Heads of organisational units referred to in Article 16(3) shall be filled by decision of the Board of Directors, on the recommendation of the Managing Director, by staff of the Company with an employment relationship of indefinite duration or on secondment, by employees of public or private law bodies of general government of indefinite duration, or by specialised executives of the private sector through the conclusion of a fixed-term private-law employment contract of up to three (3) years, in accordance with Article 51 of Law 4622/2019. In particular, the post of head of the Legal Support Office referred to in Article 1(3)(c) shall be filled by a legal adviser and shall be governed by Articles 42 to 46 of the Lawyers’ Code (Law 4194/2013, Government Gazette, Series I, No 208) and the provisions of the relevant recruitment contract.
3. If an employee of a general government body governed by public or private law of indefinite duration is selected as head of an organisational unit, the post shall be filled by secondment, which shall be carried out by joint decision of the supervising Minister and the competent minister for the duration of his term of office as head. If an employee serving in the Company on secondment is selected as head of an organisational unit, the duration of his secondment shall be automatically extended until the end of his term of office as head.
4. The term of office of the heads of organisational units at each level shall be three years, renewable once for an equal period. The term of office of the Head of the Legal Support Office is regulated by Article 46(2) of the Code of Lawyers.
5. The Head of the Directorate-General for Film is the Film Commissioner of the country with the following duties: promotes the programs of support and funding of film and audiovisual productions in Greece and abroad, (b) ensures the planning of presentations, the organization of contacts and the promotion of the country's advantages to the actors of the international film and audiovisual market, (c) cooperates with the competent services for the organization and presentation of the annual budget of financial tools and the presence of Greece in international exhibitions and events and suggests proposals for new financial tools, (d) supports and assists the implementation of international filming in the country through cooperation with competent public services, private sector companies and other bodies and the facilitation of audiovisual and cinematographic productions, (e) coordinates the promotion in international markets and events, (f) in cooperation with the competent services, ensures the digital promotion of Greece as a suitable place for shooting, (g) cooperates with local authorities to facilitate the realization of foreign film and audiovisual productions, (h) designs advertising campaigns and promotion campaigns and organizes media updates in cooperation with the competent services of the Company.
Article 20
Remuneration of staff
1. The remuneration scheme for all types of staff is governed by Articles 7 to 35 of Law 4354/2015 (GG I 176). Non-salary benefits are governed by Article 43 of Law 4484/2017 (GG I 110).
2. The remuneration of heads of Directorates-General shall be determined in accordance with Article 23(6) of Law 4972/2022 (GG I 181) and may not exceed the remuneration for the category of Special Positions of 1st grade as defined in accordance with Chapter B of Law 4354/2015.
Article 21
Rules of Procedure
The Company’s rules of procedure shall lay down the internal structure, the distribution of staff posts by category, branch and specialty, the recruitment procedure and qualifications by branch and specialty, the procedure for assigning heads, the organisation and operation of the body, the seat of each organisational unit, the staff status, the disciplinary bodies and the relevant powers, disciplinary offences, penalties, reasons and the procedure for early termination of the term of office of heads of organisational units at each level, the method of financial management and, in general, any matter relating to the organisation and operation of the Company shall be regulated.
English
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