Many thanks to Rick for sending me the pdf document
referred to above. Anybody can read it if they want by clicking on the link. I've now had a chance to look at it and would make the following comments:
As far as I can tell the document is the publication of a Ministerial Decision. It is not actually a law in a formal sense more like secondary legislation, although it forms part of the Greek legal code. Instead it is a description by the government of how a particular aspect of an existing law will be implemented. In this case the existing law is the Withdrawal Agreement, which I presume has already been implemented in Greek law. The Ministerial Decision deals with how the issuing of new documents to UK citizens, which is part of the Withdrawal Agreement in Articles 15 and 16, will be implemented.
Rick asks, "Firstly, what happens if we don't meet the deadline in view of the fact that our rights are declaratory?
" To the best of my knowledge the deadline for completing the issuing of new documentation is set in the Withdrawal Agreement as 30/6/2021 so that date is part of an International Treaty. The government of any member state has the right to extend the deadline, e.g. if it cannot complete the process in time, but once a member state has set a deadline citizens have no right to apply beyond it. This is independent of whatever system is used. I think if a citizen is going through the process of acquiring the documentation before the deadline but for some reason cannot complete the process by the deadline, e.g. they are asked to supply additional documentation which will take some time to acquire, then the member states are supposed to treat such cases favourably.
Rick further states, "Also, holders of permanent residence permits should not have to provide proof that they meet conditions of residence to get their new permits.
". I agree and I think it is implicit in the Ministerial Decision. Article 2 of the decision defines what documents UK citizens will need to provide in order to get the new documentation. Paragraph 2 of that article deal with UK citizens who already have some form of certificate when they apply for the new documentation. It contains the following requirement:
a) Certificate of Registration of a Citizen of a Member State EU. or Certificate of Permanent Residence of Citizen EU Member State, as appropriate
(b) evidence that it meets the conditions defined in Articles 7, 12, 13, 14, 16 or 17 of Directive 2004/38 / EC, in conjunction with Articles 15 and 16 of the Exit Agreement
In my opinion the "or" in the list of Articles in sub-paragraph (b) applies to the whole list and means that you supply whichever is appropriate. For example Article 7 deals with the requirements to qualify for a Certificate of Registration so if you are presenting a Certificate of Registration you would need to provide proof that you satisfy the requirements of Article 7, e.g. funds, health book. Article 12 deals with the residency rights of a family member where the EU citizen has died or left the country so if you are in that position you would need to provide proof that you satisfy the requirements of Article 12 and so on. Article 16 in the Directive deals with permanent residence so anybody presenting a Certificate of Permanent Residence would need to provide the proof required in Article 16. Paragraph 1 of Article 16 states that "This right shall not be subject to
the conditions provided for in Chapter III." Chapter III is the one containing Articles 6 to 15. So you should not need to the provide proof required with a Certificate of Registration if you are submitting a Certificate of Permanent Residence. Obviously, this is Greece so nobody can predict what any individual official will demand.
Article 3 deals with the residency rights of a UK citizen who is resident in Greece before the end of 2020 but does not have a Certificate of Registration or a Certificate of Permanent Residence. This implies that such people could apply for the new documentation although they would need to provide some form of alternative proof. It is not clear what would be acceptable and presumably would be judged on a case by case basis.