management system. As the Ombudsman stressed in its document to the competent services on 23.7.2015, the island’s Port Authorities had an approved fund for alimentation of the detainees, which was distributed when the number of third-country nationals was relatively small and they were held at the Port Authority’s facility. In June 2015 when the number of foreign-nationals who were staying at the Captain Elias abandoned hotel could reach even up to 1600 people, the Coast Guard could not nourish them from the above fund, because it was not possible to match the food expense with each specific third-country national. Therefore, the necessary documentation for disbursing the expense could not be legally issued. In fact, since the facility was not guarded, it was not clear which third-country nationals were under the responsibility of the Police and which of the Port Authorities at any given time.162 Within a few months the State was called upon to take immediate measures. In October 2015, and while its debts to the catering companies were building up, the Court of Audit found that the procedure of direct award of catering contracts was not legal and recommended to the State not to pay the amounts it owed to the supplier companies. Moreover, the preemptive audit team of the Court of Audit found that the legislative amendment that allowed the exceptional legalisation of all expenses for providing alimentation to the refugees, that were made with direct awards and were financed from state funds, was unconstitutional. The solution was given at an institutional level with a provision that was adopted and entered into force in February 2016. In the meanwhile, and until it entered into force, the gaps, even on a temporary and fragmented basis, had to be covered by the armed forces, the Hellenic Police officers’ clubs, local authorities, local churches, civil organisations and citizens showing solidarity. Shortly before the new regulation was adopted, the Ombudsman had the opportunity to publish another one of its interventions on the subject, noting the absence of any explicit provision up to that time regarding the coverage of expenses pertaining to alimentation provided to the migrants and refugees. The Ombudsman’s proposal for a possible solution was to include alimentation among the operating expenses of the Reception and Identification Service, adding that in order not to put at risk the legality of these 162 op. cit. http://www.synigoros.gr/resources/150727-stp.pdf expenses, it would be necessary to include an explicit provision in that respect.163 The contribution of the armed forces in the management of the crisis and, inter alia, in addressing the needs in food was instituted in the form that applies today, with Article 96 of Law 4368/2016 and was specialised with JMD No. Φ. 000/8/245258/Σ.37/2016 (Government Gazette 630/ Β/9-3-2016). Specifically, the legal framework provides that the Ministry of National Defence may, by deviation of any other provision, take all the necessary actions or enter into project, service, procurement or lease contracts with third parties regarding the establishment, construction and maintenance of the First Reception Centers (FRCs), Reception and Identification Centers (RICs) and the Open Facilities for Temporary Reception and Accommodation of refugees and migrants and the operation of these Centers and Facilities, exclusively as regards the transport, accommodation, food and health care of the refugees and migrants. The contract conclusion procedure of the previous section may, for reasons of urgent and unforeseen need, taking into consideration national security or public order reasons, which are justified specifically, be carried out following a negotiation without publication of a tender notice, in deviation of any other provision of the national legislation, without prejudice to the implementation of the European Union rules for public contracts. The establishment of a new framework did not of course automatically solve the problem. At a time when the armed forces started implementing the provisions of the law and gradually expanding the implementation of the food provision plans through contracts with catering services, the needs remained pressing both on the islands and the mainland. On 19 April 2016, for example, a team from the Greek Ombudsman carried out an on-site inspection at the accommodation facility in Aspri Ammos (Halkero), Kavala, where more than 250 people were accommodated, with more than half of them being minors, and discovered, among other things, the following: “The food provided is inadequate. An army jeep brings 163 Greek Ombudsman’s comments on draft law “Amendments to Law 3907/2011 (Government Gazette A 7), amendments to Law 4251/2014 (Government Gazette Α ́80), adaptation of the Greek legislation to the provisions of Directive 2013/32/EU of the European Parliament and of the Council on common procedures for granting and withdrawing international protection (recast) (L 180/29.6.2013) and other provisions”, as published for public consultation on 5 February 2016. 51