Licence for the Establishment and Operation of Child Protection and Care Units

From National Registry of Administrative Public Services



2ae826e7-48a5-4444-b84b-93f4c5276e3a 397564 Άδεια ίδρυσης και λειτουργίας μονάδων Παιδικής Προστασίας και Φροντίδας (ΜοΠΠ)

At a glance

Points of service

Points of Single Contact (ΚΕΠ – EKE), Regions, Social Welfare Directorate of the Region of the place of establishment

Digital provision points

Remote Points of service

Number of required documents

15 + (
1
)

Fees

Provided without cost

Deadline of completion

2 months

Description

The procedure refers to the issuance of a Licence for the establishment and operation of Child Protection and Care Units and is addressed to Legal Persons under Private Law of non-profit nature, which meet the appropriate requirements.

Basic information

Competent body

MINISTRY OF SOCIAL COHESION AND THE FAMILY

Authority/Public body’s Unit responsible for the institutional framework of the procedure

Service / organizational unit of a authority entity

Social Welfare Directorate of the Region of the place of establishment

Provided to

Related links


Last update

05/06/2024

Application

Application Type

Application

Submission by:

Submitted by the applicant (digital), Submitted by the applicant (in person or by post)

Submitted by:

Legal entities under private law

Title

Application of the legal representative of the Legal Entity under Private Law

Notes:

The application includes: the details of the legal representative of the legal entity, the name, the registered office, the capacity as it results from the application of articles 2 and 6 of the Joint Ministerial Decision No. 40494/11-05-2022 (B 2302), as amended by No. 49339/18-05-2023 (B 3289), as well as the distinctive title of the Child Protection Unit.

What you will need

Means of authentication, identification and signature

Identification document, Identification with TAXISnet codes

    Print

    Requirements

      Fees

        Related


        Means of redress or appeal:

        Other Administrative appeal / Objection

        Rules concerning a lack of reply from the competent authority and the legal consequences for the use:

        Tacit approval

        If the above deadline expires without action, the application is deemed to have been tacitly accepted and the licence has been issued, in accordance with par. 4 of Article 14 of Law No. 3844/2010 (OFFICIAL GAZETTE 63/A/3-5-2010). In the aforementioned case of tacit approval, the applicant may request a certificate from the administrative authority responsible for issuing the licence, in accordance with par. 4 of Article 10 of Law No. 3230/2004 (OFFICIAL GAZETTE 44/A/11-2-2004).

        NACE

        • 74.9 Other professional, scientific and technical activities n.e.c.

        Output & Results

        Output

        Administrative Act, Decision, Document Production

        Steps

          Digital steps

            Other information

            Official title

            Issuance of a Licence for the Establishment and Operation of Child Protection and Care Units

            Languages supported

            English

            Ways of provision

            Establishment

            Legislation

              Categories

              Trigger

              Applied for

              Trigger (submission method)

              Application (digital), Application (handwritten)

              Type

              Outgoing
              N1


            • 1 Company law Establishment of a business ("sole proprietorship", "partnership")
              • For company formation see the link below

              No No

            • 2 Possession of passwords to enter software The applicant must be a TAXISnet credentials holder

              No No

            • 3 Administrative Feasibility approval: The entity concerned submits to the relevant Regional Unit a Feasibility Study for the establishment of the MOP, setting out the reasons why its operation is necessary, in particular by documenting that the need for its operation in the proposed location cannot be met by existing services. The Feasibility Study shall include, inter alia: a description of the location and site of the establishment, the intended number of children in relation to the need for the creation of a new Child Care Unit, a viability report, as well as any other element deemed important by the Entity. The competent Directorate of the Regional Unit issues an opinion thereon and forwards the file to the Directorate for Child and Family Protection of the Ministry of Labour and Social Affairs for the issuance of a Feasibility Approval for the establishment of the Unit.


              No No

            • 4 Urban planning The Unit must meet the following site suitability requirements: α) The Unit shall be located within urban areas. (b) Access to the site shall be provided by an asphalted road within a town or village planning area. c) The buildings on the plot must be legally existing, in accordance with paragraph 1 of Article 23 of Law No. 4067/2012.


              No No

            • 5 Technical The Unit is required to meet the following building specifications: The building housing the Child Care Unit shall be subject to the following provisions: I. the building regulations in force or, in the case of pre-existing buildings with a "Health and Social Welfare" use, the building regulations under which the building permit was issued and shall in any case be legally existing. II. the Building Regulations for the category of use Health and Social Welfare III. the Fire Protection Regulation in force for subcategory E1 of the Health and Social Welfare category, or, for buildings with a Health and Social Welfare use which existed before this Regulation, the Fire Protection Regulation in force at the time of issue of the building permit or the ad hoc applicable fire protection provisions. IV. the requirements for adequate natural and artificial lighting, as well as ventilation of the premises, set by the relevant legislation.


              No No

            • 6 Conditions for non-commission of criminal offenses Copy of the criminal record of the legal representative of the legal person in the name of which the establishment and operation licence will be issued, and of the members of its Board of Directors, stating that they have not been irrevocably convicted of the offences listed in par. 1 of Article 7 of Law No. 4837/2021 (A 178) and to any sentence for a felony or for one of the misdemeanours of theft, embezzlement, fraud, extortion, forgery, slander, defamation, counterfeiting.


              No No

            • 7 Administrative The legal person should be registered in the National Register of Private Social Care Entities in accordance with paragraph 5(a), (b) of Article 7 of Law 4555/2017 (A'22).


              No No

            • 1 Feasibility Approval Rule

              Feasibility Approval

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities under private law

              Notes: The feasibility approval is given in accordance with Article 3 of Joint Ministerial Decision No. 40494/2022 (B 2302), as amended by Joint Ministerial Decision No. 49339/18-05-2023 (B 3289).

              Document submitted under requirements: No


              No 1127

            • 2 Internal Operating Regulation Regulation

              Internal Operating Regulation

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities under private law


              Document submitted under requirements: No


              No 5658

            • 3 Confirmation of the spaces that are intended for main use by a private engineer (paragraph 8 of article 107 of Law 4495/2017), regarding: - The legality of the building installations for the use in question and their compliance with the Building and Construction Regulations, - The Buildings Fire Protection Regulation, - the applicable general and specific planning provisions, as well as the building requirements of the specific legislation for the activity, as specified in Articles 6 and 7, according to the capacity and by age group. - Specific reference shall be made to the adequacy of water supply, electricity, telephone and sewerage services. The certificate from the engineer shall be accompanied by: α) Copies of all public documents on compliance with the planning legislation (building permit, revision or update of building permit, approval of small-scale building works, decision of exemption from demolition, legalization permit, certificate of completion of the procedure of exemption from demolition, certificate of payment of 30% of the single special fine or any other relevant document). b) Copies of approved floor plans of the premises where the activity is to be carried out. The copies of the approved floor plans are obtained either from the "e-adeies" building permit information system, or from the information system for the declaration of unauthorised buildings, or from the Building Departments paper archive, depending on the type of legal act (electronic or in paper form). Certificate from town planning

              Confirmation of the spaces that are intended for main use by a private engineer (paragraph 8 of article 107 of Law 4495/2017), regarding: - The legality of the building installations for the use in question and their compliance with the Building and Construction Regulations, - The Buildings Fire Protection Regulation, - the applicable general and specific planning provisions, as well as the building requirements of the specific legislation for the activity, as specified in Articles 6 and 7, according to the capacity and by age group. - Specific reference shall be made to the adequacy of water supply, electricity, telephone and sewerage services.

              The certificate from the engineer shall be accompanied by: α) Copies of all public documents on compliance with the planning legislation (building permit, revision or update of building permit, approval of small-scale building works, decision of exemption from demolition, legalization permit, certificate of completion of the procedure of exemption from demolition, certificate of payment of 30% of the single special fine or any other relevant document). b) Copies of approved floor plans of the premises where the activity is to be carried out. The copies of the approved floor plans are obtained either from the "e-adeies" building permit information system, or from the information system for the declaration of unauthorised buildings, or from the Building Departments paper archive, depending on the type of legal act (electronic or in paper form).

              Submission by: Submitted by the applicant (digital), Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Legal entities under private law

              Notes: A topographical diagram of the plot (EΓΣA 87) showing the layout of the buildings (main and auxiliary) where the Child Care Unit will be housed.

              Document submitted under requirements: No


              No 4558

            • 4 Technical report of the engineer. Drawings / studies by an engineer / architect

              Technical report of the engineer.

              Submission by: Submitted by the applicant (digital), Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Legal entities under private law

              Notes: Technical engineering report which has been prepared taking into account the number of children accommodated in the facility by age group and which, among other things, includes: a. the full and detailed report on the fulfilment of the building requirements, as described in Articles 6 and 7, according to the capacity per age group of the Child Care Facility, b. a description of the accessibility of the site and the emergency exits, with an attached sketch, c. the possibility and adequacy of water supply, electricity, telephone connection and sewerage.

              Document submitted under requirements: No


              No 5768

            • 5 Emergency Response Plan. Action / implementation plan

              Emergency Response Plan.

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities under private law

              Notes: Emergency Response Plan approved by the competent Civil Protection Department of the relevant Municipality.

              Document submitted under requirements: No


              No 7230

            • 6 Solemn Declaration Solemn Declaration

              Solemn Declaration

              Relevant link: https://www.gov.gr/ipiresies/polites-kai-kathemerinoteta/psephiaka-eggrapha-gov-gr/ekdose-upeuthunes-deloses

              Submission by: Submitted by the applicant (digital), Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Legal entities under private law

              Relevant Procedure: Solemn declaration and electronic solemn declaration

              Notes: A solemn declaration by the legal representative of the legal person in the name of which the establishment and operating licence will be issued, stating that at the time of submission: a. no criminal proceedings are pending against them and that no final or definitive conviction, which has not yet become irrevocable, is in force for the offences listed in par. 1 of Article 7 of Law No. 7. 4837/2021 (Α΄ 178), b. they have not been deprived of their civil rights as a result of a conviction for any criminal offence, c. they have not been placed under legal guardianship, d. after being granted the establishment and operation licence, they will employ the staff required for the operation of the establishment, e. as a security technician shall be appointed ..... (full name) .... with a Technical Chamber ID ...... (registration no.).... who, in accordance with Law No. 1568/1985 meets the requirements of a safety technician, f. the requirements of Articles 5, 6 and 7 concerning the suitability of the land and buildings and the layout of the interiors are fulfilled.

              Document submitted under requirements: No


              No 7320

            • 7 Copy of a Criminal Register Criminal Record Copy for General Use

              Copy of a Criminal Register

              Relevant link: https://www.gov.gr/ipiresies/dikaiosune/poiniko-metroo/antigrapho-poinikou-metroou

              Submission by: Ex officio (manual)


              Notes: A copy of the criminal record of the legal representative of the applicant, in the name of which the establishment and operation license will be issued, and of the members of its Board of Directors, stating that they have not been irrevocably convicted of the crimes listed in par. 1 of Article 7 of Law No. 4837/2021 (A 178) and to any sentence for a felony or for one of the misdemeanours of theft, embezzlement, fraud, extortion, forgery, slander, defamation, counterfeiting.

              Document submitted under requirements: No


              No 4750

            • 8 The procedure involves the issuance of an electronic solemn declaration by the person concerned, without the need to visit an administrative authority or Citizens Service Centre (KEP). You can access the service of issuing the electronic solemn declaration in the following two (2) ways: a) with your personal web banking credentials at one of the available banks or b) with your personal TAXISnet credentials (after logging in once with your web banking credentials to confirm your mobile phone number). You will then receive confirmation codes by SMS on your mobile phone. The electronic solemn declaration that you will issue is legally equivalent to a sworn declaration bearing a genuine signature and you can either send it electronically or print it out and submit it to a public office. At the same time, the right of the citizen to physically sign the form of the Solemn Declaration under the Law 1599/86 (Article 8) and to submit it to a competent authority as a supporting document for their case is maintained. Solemn Declaration

              The procedure involves the issuance of an electronic solemn declaration by the person concerned, without the need to visit an administrative authority or Citizens Service Centre (KEP). You can access the service of issuing the electronic solemn declaration in the following two (2) ways: a) with your personal web banking credentials at one of the available banks or b) with your personal TAXISnet credentials (after logging in once with your web banking credentials to confirm your mobile phone number). You will then receive confirmation codes by SMS on your mobile phone. The electronic solemn declaration that you will issue is legally equivalent to a sworn declaration bearing a genuine signature and you can either send it electronically or print it out and submit it to a public office. At the same time, the right of the citizen to physically sign the form of the Solemn Declaration under the Law 1599/86 (Article 8) and to submit it to a competent authority as a supporting document for their case is maintained.

              Relevant link: https://www.gov.gr/ipiresies/polites-kai-kathemerinoteta/psephiaka-eggrapha-gov-gr/ekdose-upeuthunes-deloses

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities under private law

              Relevant Procedure: Solemn declaration and electronic solemn declaration

              Notes: A solemn declaration by the members of the Board of Directors of the legal person stating that, at the time of submission, no criminal proceedings are pending against them and that there is no final or definitive conviction in force, which has not yet become irrevocable, for the offences listed in par. 1 of Article 7 of Law No. 4837/2021 (A 178). In the event of replacement or addition of a member of the Board of Directors, the aforementioned solemn declaration must be submitted to the licensing authority by the new member.

              Document submitted under requirements: No


              No 7320

            • 9 A certified copy of the articles of association of the legal person and its founding act. Legal documents from legal entities

              A certified copy of the articles of association of the legal person and its founding act.

              Submission by: Submitted by the applicant (digital), Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Persons


              Document submitted under requirements: No


              No 9338

            • 10 Confirmation of the spaces that are intended for main use Certificate

              Confirmation of the spaces that are intended for main use

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities under private law

              Notes: Confirmation of the spaces that are intended for main use under item 3 of article 2 of the Building Regulation by a private engineer according to par. 8 of article 107 of Law No. 4495/2017 (Α΄ 167).

              Document submitted under requirements: No


              No 9703

            • 11 Building electronic record certificate Certificate

              Building electronic record certificate

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Legal entities under private law

              Notes: Certificate of electronic identification of a building according to article 52 of Law No. 4495/2017 (A 167) after the date of its entry into force.

              Document submitted under requirements: No


              No 9703

            • 12 Fire safety certificate Certificate of Active Fire Protection

              Fire safety certificate

              Relevant link: https://www.gov.gr/en/ipiresies/epikheirematike-drasterioteta/adeiodoteseis-kai-summorphose/egkriseis-kai-pistopoietika-energetikes-puroprostasias-e-adeies

              Submission by: Submitted by the applicant (digital), Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Legal entities under private law

              Relevant Procedure: Certificate of (Active) Fire Protection

              Notes: A certificate from the Fire Department that the building where the Child Care Unit will be located fulfils the fire safety requirements for its intended use.

              Document submitted under requirements: No


              No 3804

            • 13 Confirmation of land use. Certificate

              Confirmation of land use.

              Submission by: Submitted by the applicant (digital), Submitted by the applicant (in person or by post)

              Submitted by: Legal entities under private law


              Document submitted under requirements: No


              No 9703

            • 14 Social Insurance Clearance Social Security Clearance Certificate (eEFKA)

              Social Insurance Clearance

              Submission by: Submitted by the applicant (digital), Submitted by the applicant (in person or by post)

              Submitted by: Legal entities

              Notes: Insurance Clearance of the legal person (foundation, charitable association, etc.).

              Document submitted under requirements: No


              No 9447

            • 15 Tax Clearance Tax clearance certificate

              Tax Clearance

              Relevant link: https://www.gov.gr/ipiresies/periousia-kai-phorologia/phorologia-politon/apodeiktiko-phorologikes-enemerotetas

              Submission by: Submitted by the applicant (digital), Submitted by the applicant (in person or by post)

              Submitted by: Legal entities

              Relevant Procedure: Certificate of no outstanding tax debts

              Notes: Tax Clearance of the legal person (foundation, charitable association etc.)

              Document submitted under requirements: No


              No 3461

            • 16 Certificate of registration of the operator in the National Register of Private Social Care Providers Certification

              Certificate of registration of the operator in the National Register of Private Social Care Providers

              Submission by: Submitted by the applicant (digital), Submitted by the applicant (in person or by post)

              Submitted by: Legal entities, Legal entities under private law

              Notes: Certificate of registration of the operator in the National Register of Private Social Care Providers, according to par. 5 (a), (b) of article 7 of Law No. 4455/2017 (Α 22)

              Document submitted under requirements: No


              No 8619

            • Formal document Απόφαση 25/VII 2012 2618 Β

              Description Competition Commission Decision. Opinion under Article 23 of Law No. 3959/2011 on the request for exemption from the provisions of Law No. 3919/2011 "Principle of Professional Freedom, abolition of unjustified restrictions on access to and exercise of professions" for the maintenance of the licensing procedure in the following welfare services of the Ministry of Health and Social Solidarity.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20120202618

            • Joint Ministerial Decision Π1β/ΓΠ.οικ.123827 2011 2662 Β

              Description Simplification and integration into the Citizens Service Centres (KEP) operating as Single Points of Contact (EKE) of procedures within the competence of the Ministry of Health and Social Solidarity in implementation of the provisions of Law 3844/2010.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20110202662

            • Law 2345 1995 213 Α

              Description On the operation of Child Welfare Institutions.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=19950100213

            • Joint Ministerial Decision Π1β/ Γ.Π.οικ.4866 2012 152 Β

              Description Regulations for the suitability of building facilities.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20120200152

            • Joint Ministerial Decision Δ27/οικ.16952/707 2013 1327 Β

              Description Regulations for the suitability of building facilities.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20130201327

            • Joint Ministerial Decision 40494 2022 2302 Β

              Description "Preconditions for the establishment and operation of child protection and care units by private legal persons of a non-profit nature"

              ΑΔΑ https://www.et.gr/api/DownloadFeksApi/?fek_pdf=20220202302

            • Law 4837 2021 178 Α

              Description "Prevention and treatment of cases of abuse and neglect of minors, the "Kipseli" programme for the upgrading of the quality of services provided in crèches, nurseries and kindergartens, provisions for the promotion of fostering and adoption, "Personal Assistant for Persons with Disabilities" and other provisions."

              ΑΔΑ https://www.et.gr/api/DownloadFeksApi/?fek_pdf=20210100178

            • Law 4921 2022 75 Α

              Description "Jobs Anew: Reorganizing the Public Employment Service and digitizing its services, upgrading workforce skills and diagnosing labour needs, and other provisions."

              ΑΔΑ https://www.et.gr/api/DownloadFeksApi/?fek_pdf=20220100075

            • 1 Initiation of the procedure



              No No


            • 2 Submission of Declaration and supporting documents

              Responsible for Implementation Competent Office

              Μethod of Implementation Manual Action

              Description The applicant presents the Application - Solemn Declaration and the required Supporting Documents to the Secretariat of the competent Directorate of the relevant Regional Unit

              Yes No


            • 3 Electronic Submission of Application and Supporting Documents

              Responsible for Implementation Software

              Μethod of Implementation Software action


              Yes No


            • 4 Registration of the application - Forwarding of the file

              Responsible for Implementation Competent Department

              Μethod of Implementation Manual Action

              Description The competent secretarial employee provides the applicant with the application registration number and forwards the application - solemn declaration along with the supporting documents to the competent Department of the Regional Unit.

              No No


            • 5 Checking the completeness of file

              Responsible for Implementation Competent Department

              Μethod of Implementation Manual Action

              Description The assigned employee of the Department receives the file and checks the Supporting Documents - Forms submitted for their completeness. If it is found that any of the supporting documents are missing, the employee informs the interested party of the need to present them.

              No No


            • 6 Checking the correctness of the file

              Responsible for Implementation Competent Employee

              Μethod of Implementation Manual Action

              Description The assigned employee of the Department checks the supporting documents for their correctness

              No No


            • 7 Forwarding the file to the Buildings Suitability Committee

              Responsible for Implementation Competent Department

              Μethod of Implementation Manual Action

              Description The assigned employee of the Department forwards the plans/studies of the building to the relevant Building Suitability Committee

              No No


            • 8 Evaluation of Plans / Studies - Drawing up a Recommendation

              Responsible for Implementation Competent Commitee

              Μethod of Implementation Manual Action

              Description The Building Suitability Committee evaluates the plans/studies and prepares a recommendation for the pre-approval of the plans/studies in terms of functionality.

              No No


            • 9 Forwarding the Pre-Approval Recommendation

              Responsible for Implementation Competent Commitee

              Μethod of Implementation Manual Action

              Description The Building Suitability Committee forwards the recommendation for pre-approval of the plans in terms of functionality to the competent Department of the Regional Unit.

              No No


            • 10 Submission of Plans / Studies and Pre-Approval Recommendation

              Responsible for Implementation Competent Department

              Μethod of Implementation Manual Action

              Description The assigned employee of the Department submits the plans/studies and the pre-approval recommendation in terms of functionality to the competent Building Service or Planning Office of the relevant Municipality for the issuance of a building permit.

              No No


            • 11 Issuance of a building permit

              Responsible for Implementation Competent body

              Μethod of Implementation Manual Action

              Description The competent Building Service or the Planning Office of the relevant Municipality issues the building permit

              No No


            • 12 Submission of a request for a fire safety certificate

              Responsible for Implementation Competent body

              Μethod of Implementation Manual Action

              Description The Interested Party submits a request for a fire safety certificate to the Fire Service presenting the building permit

              No No


            • 13 Carrying out an inspection

              Responsible for Implementation Competent Commitee

              Μethod of Implementation Manual Action

              Description The Buildings Suitability Committee carries out an on-site inspection of the premises of the plant

              No No


            • 14 Drawing up a report on the granting of a licence

              Responsible for Implementation Competent Commitee

              Μethod of Implementation Manual Action

              Description The Buildings Suitability Committee prepares a report on the granting of the licence and forwards it to the competent Department

              No No


            • 15 Drawing up a Recommendation

              Responsible for Implementation Competent Employee

              Μethod of Implementation Manual Action

              Description The assigned employee of the Department prepares a recommendation for the granting of the licence and forwards it to the Head of the Department

              No No


            • 16 Signing of the recommendation by the Head of Department

              Responsible for Implementation Responsible Head of Department

              Μethod of Implementation Signature

              Description The Head of Department signs the recommendation and forwards it so that it be signed by the Head of the Directorate

              No No


            • 17 Signing of the recommendation by the Head of Directorate

              Responsible for Implementation Competent Director

              Μethod of Implementation Signature

              Description The Head of Directorate signs the recommendation and forwards it so that it be signed by the Head of the Directorate-General

              No No


            • 18 Signing of the recommendation by the Head of the Directorate-General

              Responsible for Implementation Competent General Director

              Μethod of Implementation Signature

              Description The Head of the Directorate-General signs the recommendation and forwards it so that it be signed by the Secretary General of the Regional Unit.

              No No


            • 19 Signing of the recommendation by the Secretary General of the Regional Unit.

              Responsible for Implementation Competent Secretary General

              Μethod of Implementation Signature

              Description The Head of the The Secretary General of the Regional Unit signs the recommendation and forwards it so that it be signed by the Deputy Head of the Region-General signs the recommendation and forwards it so that it be signed by the Secretary General of the Regional Unit.

              No No


            • 20 Signing of the recommendation by the Deputy Head of the Region

              Responsible for Implementation Other

              Μethod of Implementation Signature

              Description The Deputy Head of the Region signs the recommendation and forwards it so that it be signed by the Head of the Region

              No No


            • 21 Signing of the licence

              Responsible for Implementation Head of the Region

              Μethod of Implementation Signature

              Description The Head of the Region signs the licence and forwards it to the Department so that the latter can inform the person concerned.

              No Yes


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