B. Infrastructure Facilities - Living conditions the shortages in basic infrastructure and essential amenities, as well as their limited capacity. It is typical that, according to the data of the Central Coordinating Body of the General Secretariat for Information, on 3.1.2017, there were 5542 third-country nationals living at the Lesvos hotspot, which has a capacity for 3500, whereas in the Samos hotspot, with a capacity for 850, there were 1932 people recorded. without the procedures provided for, is still pending. Beyond the legal issues raised by the informal operation of these structures, this pending issue is the main reason for organisational malfunctions, due to the lack of effective coordination of the agencies involved and the inability to monitor and attribute liability in cases where serious omissions of actions prescribed by law are discovered. The lack of the essential living standards and infrastructure had tragic consequences, especially during the 2016-2017 winter, when the absence of organisation and coordination of the competent agencies for the protection and safety of the populations on the islands and the mainland was manifested in the most dramatic manner. An indicative example is the camp of Moria (Lesvos), where up to the end of January 2017, the Ministry of Migration Policy had not managed to communicate and cooperate with the local Municipality and the humanitarian organisations for the protection of the residents from the cold. However, after the death of three individuals, which, according to reports, was caused by the fumes of makeshift heaters, suitable heated tents were procured, places for vulnerable groups in the municipal site of Kara Tepe were found, and people were hosted on a Hellenic Navy ship in the port of Mytilini. The solution to the problem, albeit temporary, in such an impressive short time from the tragic incident, proves that there is a way to address the problems, the necessary actions however were not taken in time. According to the enabling provision of Article 10(4) and (5) of Law 4375/2016 the open Facilities for the Temporary Accommodation of Applicants for International Protection and the open Temporary Accommodation Facilities for third country nationals or stateless persons who arrive or are staying in the country without the legal formalities are established by a joint decision of the Minister of Finance and the Minister for Migration Policy. Up to the end of 2016, the only relevant JMDs that had been issued pertained to the Temporary Reception Facilities in Leros (for a period of operation up to 31.12.2016) and in Schisto, Attica and Diavata, Thessaloniki, respectively.142 Law 4375/2016 attempted, inter alia, to 1.3. Legal framework - establish a rational and operational system for the management of mass accommodaCauses tion sites, laying the foundation for the effective cooperation of the involved services and agencies, by assigning distinct competences to them. However, nearly a year after the entry into effect of the new legislative framework, we saw a piecemeal approach to the implementation of the provisions pertaining to Temporary Accommodation and Temporary Reception Facilities, the majority of which were still operating unofficially until the beginning of 2017, and without meeting the formal and substantial requirements of the applicable laws. In particular, the issue of the normative acts required for the establishment and operation of the existing facilities, which started their operation under the pre-existing legislative framework (Law 3907/2011, PD 220/2007) and Issue of normative acts 44 Moreover, for the needs of the establishment of open Temporary Reception and Accommodation Facilities, there is provision for the granting of private and public properties, fields and military camps, on an exceptional basis. The construction, installation and operation of facilities at such sites takes place in deviation of the existing land uses, but is governed by special specifications, restrictions in their construction and environmental terms, for the approval of which relevant JMDs are required (Article 16(3) to (5) of Law 4375/2016). Despite the fact that during the past two years, a large number of such properties has been granted, which are in operation, no relevant normative act has been issued, resulting in inappropriate and dangerous sites, from a health and environmental aspect, being used. According to Article 17 of Law 4375/2016, it is necessary to introduce General Rules for the Operation of Temporary Accommodation Facilities and Temporary Reception Facilities, with the issue of a relevant Joint Ministerial Decision, whereas their operation is governed by Internal Rules, issued at the responsibility of the Director of the Reception and Identification Service, with the consent of the Heads of the Temporary Accommodation Facilities or the competent Reception Directorate Rules of Operation 142 JMD 4Δ/8484/13-7-2016 (Government Gazette Β 2177/13-7-2016) and JMD 3/14762/16-11-2016 (Government Gazette Β 3720/16-11-2016), respectively.

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