Myrtos Beach in Kefalonia is by far the most popular beach on the island and one of the most famous in Greece and around the world. However, this summer, the pride of the island made headlines not for its wild beauty but for the staggering fines imposed on the Municipality of Sami. Specifically, the Municipality was fined €1,565,672.00 by the Kefalonia Property Service, and a fine and sealing order was issued by the Independent Authority for Public Revenue (AADE) for failing to issue service receipts for the rental of umbrellas at the beach.
This situation raises serious questions about the future of the beach and its management. The report by thekefalonianglobe.com details the events, the positions of the municipal government and opposition factions, as well as important legal details, while also highlighting the significance of Myrtos Beach for the island.
The timeline of the Case
This year, the law regarding the management and control of the shoreline changed, altering the procedures that municipalities must follow if they wish to manage a part of the shoreline or beach themselves, rather than handing it over to a private entity. Regarding the change in the law, in early September 2024, the Deputy Mayor of Sami, Spyros Spathis, stated publicly on a local radio station, "This year, for the concession of beaches, an electronic auction was held. Myrtos Beach in Kefalonia has a special status and has been granted to the Municipality of Sami for the last 22 years. The conditions this year were four: A) The Municipality of Sami had to guarantee that it would not lease the specific beach to private individuals. B) The Municipality had to manage the beach itself. C) The concession concerned 2,000 square meters for €100,000, and D) The Mayor was authorized to take all necessary actions, as decided by the Municipal Council."
However, according to Giorgos Kavallieratos , leader of the main opposition in the Municipality of Sami, who spoke to thekefalonianglobe.com , the issue with Myrtos Beach began on April 8, 2024, when his faction requested the Municipal Authority convene a council meeting to discuss tourism destinations. On April 19 , a municipal council meeting was held to analyze the condition of tourist areas, including Myrtos Beach. On April 26, the Kefalonia Property Service sent a letter to the Municipality of Sami outlining the procedures to follow if the Municipality decided to retain the management of the beach. After one month, on May 28 , a new municipal council meeting was held, where it was decided by a majority that the beach would remain under the Municipality's management and would not be auctioned to third parties , with t he mayor authorized to proceed with the necessary paperwork . In mid-June, the mayor submitted the relevant request to the Property Service but received no response, either positive or negative, as explained by the Mayor of Sami, Panagis Drakoulongonas , speaking to thekefalonianglobe.com . However, a few days later, the Property Service visited Myrtos Beach for an inspection and imposed a fine of €1,565,672.00 on the Municipality .
On September 11 , a municipal council meeting was convened to inform the public about Myrtos Beach. It was unanimously decided to convene another meeting, where all four mayors of Kefalonia and Ithaca (Michalatos, Katsivelis, Drakoulongonas, Stanitsas), the MP, the Ionian Islands Regional Governor Ioannis Trepekles, and the Deputy Governor of Kefalonia Efstathios-Sotirios Kouris, along with citizens, would attend to consolidate the area's position and form a delegation to go to Athens. The mayor of Sami informed us that these procedures are underway to arrange a meeting of all these officials.
Disagreements Regarding the Issue's Management
Mr. Kavallieratos places part of the blame for the fine on the municipal authority, saying, "The mayor took too long to move this process forward, and we found ourselves at some point without knowing that we hadn't secured the beach. We delayed about two months; from the time the letter came to take over the beach until we sent the request to retain it, two months passed. The situation here is murky. During this two-month period, deadlines were missed, and by the time we went to the Property Service, there was ambiguity." Regarding the fine, Mr. Kavallieratos also claims that the opposition was not immediately informed of the issue.
On the other hand, Mayor Drakoulongonas responds, clarifying that even if the process had been completed earlier, the majority of the fine could not have been avoided. Specifically, he says, "The fine is divided into two parts. The fine related to the placement of umbrellas and sunbeds, for which we requested space on June 17, and here is where the opposition says we should have asked much earlier. However, for this part, the fine was €360,000.
On the other hand, for the walkways leading to the canteen and the floor of the canteen, for which we had never requested to be allocated as a municipality, the fine imposed on us was €1,205,000. Therefore, even if the process had been completed earlier, the fine we would have avoided was €360,000."
Regarding the size of the fine, the mayor emphasizes that it is excessively large. He specifically mentions, "My position is that even if we agree that a fine is warranted, its size is enormous. They are treating us as if we are a private entity when we are the Municipality, and we are providing services not for profit but for public service."
The leader of the "Popular Unity" in the Municipality of Sami, Nikos Athanasatos , criticizes the approach to the issue from the beginning. "Our view was that we should not have gone to lease the beach at all. Essentially, we would not have accepted the law. Myrtos Beach is ours; it is a property of the area," he said, also expressing concerns about the case's outcome. "I am not optimistic at all. The legal framework does not favor us, and the mayor is making some moves on his own. We, as Popular Unity, are mobilizing the people," Mr. Athanasatos stresses.
More specifically, Mr. Athanasatos highlights that "our difference is that we don't want the Municipality to overcharge people. The Municipality was charging €15 for an umbrella with two sunbeds and an additional €5 per person. So, one of our main differences is that we don't want the Municipality to charge people excessively. We want free beaches for the people or at least a symbolic fee to cover expenses. Essentially, we want free and clean beaches."
What Lies Ahead
According to the Mayor of Sami, the process is moving forward to form a council with the presence of all local officials and elected representatives, where a common political decision will be made. The mayor also mentioned that "discussions have taken place with Athens, and various solutions are being considered. The issue is ongoing." Furthermore, the mayor informs us that in the third pre-conference dialogue of the Central Union of Municipalities of Greece (KEDE), held in Mesolongi a few days ago, the island's position was adopted, namely to cancel the fine and hand over the management of Myrtos Beach to the Municipality. "We have full support," the mayor declared, expressing his optimism. In addition to this, there is still the deadline for appealing the fine, which the Municipal Authority intends to pursue, according to the mayor.
Mr. Kavallieratos emphasizes that it is the mayor's duty to elevate the issue on the agenda and act collectively rather than individually. "I personally believe there are no personal political agendas on this matter. This issue needs to be at the top of the agenda for both society and local politics." Moreover, Mr. Kavallieratos highlights the need for collaboration among all relevant bodies and citizen participation, as Myrtos Beach holds unique cultural and economic value for the region. He also warns that the consequences of privatizing the beach would be severe, and maintaining it under the Municipality's responsibility is crucial for the local community and Kefalonia's tourism.
In any case, the message the Mayor of Sami wants to send is that "we will certainly fight and are optimistic that the fine will not remain at its current amount. However, our primary concern and struggle is for Myrtos to remain under the Municipality's management. We cannot accept that the management of the beach will be handled by anyone other than the Municipality. In this, I agree with the opposition and fully support what the head of the minority said, that Myrtos for our Municipality is like the Acropolis for Athens. We are concerned with maintaining the public character of the beach. The fine is 1% of our concern; the other 99% is that Myrtos remains under the management of the Municipality of Sami and retains its public nature."
The Issue of Responsibilities and the Role of the State
In addition to the two already known fines, Mr. Nikos Athanasatos raises the possibility of a third fine from a family of tourists who vacationed on the island last summer and, while at Myrtos Beach, a rock fell from the mountain and injured the man, who was hospitalized in Rio. The family, according to Mr. Athanasatos, is seeking €300,000 in damages.
Taking this case as an example, Mr. Athanasatos highlights another issue that requires attention, according to him: the management of demanding issues by a small municipality like Sami. He says, "This is a small municipality that, as you know, is severely limited, so it cannot guarantee safety. Rocks fall onto cars at Myrtos Beach. The management of this situation should be taken over by the Ministry of Infrastructure, as the technical services of the Municipality of Sami are very limited. If I were the mayor, I would have reported to the government that the municipality cannot take on such responsibilities as we cannot respond to them."
What the New Law Changed for Beach Concessions
The new Law 5092/2024 on the utilization of public property in coastal areas addresses important issues related to the concession of shorelines, such as their delineation, auctions for their concession, the obligations of concessionaires, and how violations are handled.
Aiming for greater transparency in concession auctions through a centralized electronic process and more effective oversight using modern technology, combined with stricter penalties, it attempts to address long-standing issues. However, it has faced strong criticism from environmental organizations, particularly regarding the delineation of the shoreline.
The new law establishes rules for environmental protection, ensuring citizens' access to beaches, upgrading the tourism product, and safeguarding the public interest.
The Seven Most Important Changes Introduced by the New Law, as Recorded by the Ministry of Finance, Are as Follows:
- A Transparent Electronic Process for Beach Auctions is Established
Starting in 2024, all auctions for shoreline and beach concessions will be conducted by the Property Service, not by municipalities. The process will be digital, through an electronic platform that guarantees transparency and eliminates any interference. The announcement will be posted on the platform and the website of the relevant municipality at least twenty days before the auction date. The platform will display the concession's details (coordinates, polygon, and aerial photographs), the duration, terms, and the time for placing and removing mobile elements.
The concessionaires will pay a minimum price, calculated using a formula based on the area's objective values, an activity weight factor, and a shoreline weight factor depending on the beach's specific characteristics.
Auctions conducted in 2024, during the law's first implementation, will be completed by May 15. From 2025 onwards, the processes will be completed by March 31.
- Untouched Beaches Are Introduced
Untouched shorelines and beaches in Natura 2000 areas will be established, where concessions and the placement of umbrellas, sunbeds, etc., will be prohibited. The untouched beaches will be determined by a joint decision of the Ministers of National Economy and Finance and the Minister of Environment and Energy, following a recommendation from the OFYPEKA and a proposal by the head of the General Directorate of Environmental Policy.
- Stricter Rules for Beach Management are Introduced to Ensure Free Public Access
On beaches that will be leased for exploitation, limits are set to ensure citizens' passage and sufficient free space. Specifically, at least 50% of the beach must remain free, and the leased area cannot exceed 500 square meters. Umbrella setups can occupy up to 60% of the leased area, or 30% for beaches in Natura 2000 areas that are not classified as untouched. There must be at least a 6-meter gap (3 meters on each side or 4 meters in cases of businesses operating in adjacent buildings), and umbrellas must be at least 4 meters away from the sea.
No shoreline or beach can be leased if its length or width is less than 4 meters, or if the total area of the shoreline is less than 150 square meters.
- Stricter Obligations for Those Leasing Beaches Are Introduced
Nine specific obligations are established in all cases, which are stipulated by law and will be included in the concession contract. Specifically, the concessionaire:
- Ensures the free, unobstructed, and safe passage of the public along the shoreline and the beach.
- Ensures the use of the shoreline and the beach for people with disabilities in shorelines and beaches specified by ministerial decision, installing special platforms for their convenience if not already installed by the Municipality.
- Limits the development of umbrellas, sunbeds, water sports facilities, and other mobile elements according to the law's limits (60% of the leased area or 30% for protected shorelines and beaches) and maintains a free zone of at least 4 meters from the shoreline.
- Keeps the leased part of the shoreline and beach clean daily.
- Displays in a visible place on the shoreline or beach a sign that allows the public to access, electronically, the identifying details of the concession, such as coordinates, the number of the concession decision, the rights and obligations of the public and the concessionaire, and the concession diagram.
- Places mobile elements for the convenience of the public.
- Takes care to maintain the ecosystem's balance and the coastline's morphology.
- Returns the leased area to its original condition after the concession period and removes the mobile elements during the specified periods in the concession contract.
- Ensures the presence of a lifeguard if the municipality does not cover this obligation.
- The Role of Citizens in Protecting Beaches from Violations is Established
A digital app will be created for mobile phones, tablets, etc., which will be available for free to the public. Each concession will correspond to a QR code, which will be posted on the website of the Public Property Service, the relevant municipality's website, and on a mandatory sign placed on the shoreline or beach. Through the same app, citizens will see a diagram of the leased part of the shoreline and beach, and they can immediately file a complaint if they observe unauthorized occupation or excessive use of the concession.
- New Technologies (Drones, Satellites) Will Be Utilized for More Effective State Inspections
The new law provides for the use of new technologies (drones, satellites) to make beach inspections more effective by the state. An integrated inspection mechanism will also be created, with mixed inspection teams from the Ministry of National Economy and Finance, the Property Service, the Municipality, the Independent Authority for Public Revenue, the Financial Police, the Hellenic Police, and the prosecutorial authorities, with joint inspection teams being mandatory.
- Stricter Penalties Are Imposed for Violators and Those Who Breach Beach Management Rules
Penalties will be scaled based on the severity of the violation, particularly whether a concession exists and the concessionaire exceeded the terms or whether it is an unauthorized occupation. In any case, umbrellas and sunbeds will be removed, and illegal constructions will be demolished.
In cases of unauthorized occupation, the business in the occupied space will be sealed, and its operations will be suspended. The space will be sealed with tape, and entry, as well as any economic activity, will be prohibited. A fine equal to four times the minimum auction price will be imposed, and the violator will be excluded from any shoreline and beach concession process for five years.
If the concession's terms were exceeded, penalties range from fines to a ban on participating in auctions and suspension of the business's operation. With changes introduced in Parliament, the framework becomes stricter as more serious penalties (exclusion from new concessions and business suspension) will apply when the excess exceeds 30% of the concession (instead of the initially provided 50%).
For the first time, fines are introduced for obstructing free public access to the sea, shoreline, and beach, ranging from €2,000 to €60,000. Criminal penalties are also foreseen for anyone who causes any alteration to the shoreline or beach without permission, exceeding it, or with illegally issued permission.
In conclusion, Myrtos Beach is facing serious issues as the high fines and uncertain management raise questions about its future. At this crucial juncture, political initiative, consensus, and unity among the involved parties and the island's people are required. The future of the beach now depends on the ability of the involved parties to communicate and effectively manage this crisis.
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