LAW No 4013 - Article 3 - Composition of the Authority

Article Index

Article 3 Composition of the Authority

1. The Authority shall comprise seven (7) ordinary members and an equal number of deputies. The members of the Authority shall be selected by the Hellenic Parliament in application, mutatis mutandis, of Article 101A par. 2 of the Constitution and appointed by decision of the Minister for Development, Competitiveness and Shipping on the advice of the parliamentary Committee on Institutions and Transparency. Until such time as the necessary amendments are made to Parliament’s Rules of Procedure, the members of the Authority shall be selected by decision of the Ministerial Council, on the advice of the parliamentary Committee on Institutions and Transparency. The members of the Authority shall be nominated as follows:

a) one (1) member, as President, with his deputy, by the Minister for Development, Competitiveness and Shipping;

b) one (1) member, as Vice-President, with his deputy by the Minister for Finance;

c) five (5) members, with their deputies, by the Minister for Finance, the Minister for the Interior, the Minister for Development, Competitiveness and Shipping, the Minister for Infrastructures, Transport and Networks and the Minister for Social Solidarity;

2. Individuals of recognized standing (repute) and of high standard of scientific training, who have qualified or specialised professionally in public procurement shall be selected as members of the Authority. Deputy members shall have the same qualifications as the ordinary members.

3. Following selection by the Conference of Presidents of the Hellenic Parliament, members of the Authority shall be appointed for a five-year term of office, without prejudice to paragraphs 4 and 5, by decision of the Minister for Development, Competitiveness and Shipping, to be issued within three (3) months of the date on which the present law enters into force. Members may not be elected for more than two (2) consecutive or non-consecutive terms of office.

4. Article 3 para. 4 and 6 of Law 3051/2002 (Government Gazette 220Α) shall also apply to the members of the Authority.

5. In order to safeguard the continuous operation of the Authority during the initial application of paragraph 3 above, two (2) of the five (5) members shall be drawn by lot immediately after they have been selected and shall be appointed for three (3) and four (4) year term of office respectively. This lot shall not include the President or Vice-President of the Authority, who shall be appointed for a full term. If the term of office of a member appointed for a shorter term of office in accordance with the previous sentence is renewed, it shall be renewed for a full five (5) year term.

6. The term of office of the members shall be extended ipso jure until the appointment of the new members. The Authority may continue to operate, if any of its members are deceased, or withdraw for any reason or lose the capacity on the basis of which they have been appointed, provided that their deputies and the rest of the ordinary members suffice to form a quorum. In case it is not possible to form a quorum due to an impediment of any nature of a member or of a deputy, the President of the Authority may invite deputies of any other members of the Authority, in the order they are appointed, regardless of whether the member they are replacing attends the meeting.

7. The President of the Authority, when impeded, absent or deceased, is replaced by the Deputy President and in case of an impediment of the latter, by the Vice-President of the Authority.

8. In case an ordinary or a deputy member, except the President, is deceased, or withdraws for any reason or loses the capacity on the basis of which he was appointed, another ordinary or deputy member shall be appointed in the vacant position, without a new advice of the competent Committee of the Parliament. For the implementation of the last sentence of par. 2, the terms of office must be completed.