Changes To The April 19, 2013 Decree Laying Down: "contributions To The Recovery Of Costiambientali Places From The Fund For Larazionalizzazione Fuel Distribution Network."

Original Language Title: Modifiche al decreto 19 aprile 2013, recante: Ā«Contributi per i costiambientali di ripristino dei luoghi a valere sul Fondo per larazionalizzazione della rete di distribuzione dei carburantiĀ».

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-01-20&atto.codiceRedazionale=15A00278&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The MINISTER of ECONOMIC DEVELOPMENT Saw the Legislative Decree of January 26, 1948, n. 98, on the regulation of prices adjustment cases; Having regard to the decision of the Interministerial Committee on prices (hereinafter referred to as CIP) # 44/1977 of October 28, 1977 on the creation of the Cassa conguaglio G.P.L.; Having regard to the decision # 18/1989 issued by the junta of the CIP prices in September 12, 1989 date by which, among other things, it was established at the Cassa conguaglio G.P.L., an income statement called "Fund for the rationalization of the network of fueling" and President of the CIP was delegated to establish, at the Directorate General of energy sources of the Ministry of industry , Commerce and crafts, now the Directorate General for security of supply and energy infrastructure of the Ministry of economic development, a technical Committee to restructure the fuel distribution network; Having regard to the Ministerial Decree of January 17, 1990, as amended, under which it was established the Technical Committee to restructure the fuel distribution network; Having regard to the Legislative Decree of February 11, 1998, n. 32, the following legislative decree 32/1998, regarding the rationalization of fuel distribution system and, in particular, article. 6, by which it was set up a new Fund for the rationalization of fuel distribution network "in which the remaining funds were available in the income statement with the same name established under CIP measure # 18/1989, 1998, 1999 and 2000 integrated for years through a contribution from the subjects consented and managers; Having regard to the Ministerial Decree of February 24, 1999, recante norme di attuazione dell'art. 6 of legislative decree February 11, 1998, n. 32; Visto l'art. 29 December 12, 2002, Act No. 273, which established that the Fund for the rationalization of fuel distribution network is built in for the year 2002, through a contribution calculated on each liter of automotive fuel sold in the distribution systems of authorisation holders and operators of such facilities to the extent and under the conditions, modalities and terms established by decision of the Minister of productive activities; Having regard to the Ministerial Decree of August 7, 2003 on Refinancing of the Fund for the rationalization of fuel distribution network; Visto l'art. 28 of Decree-Law No 98 July 6, 2011, converted by Act July 15, 2011, # 111, bearing urgent provisions for financial stabilization, and in particular on paragraph 1 of that article, as amended by Decree-Law No 1 January 24, 2012, converted by law no March 24, 2012. 27, containing "urgent provisions on competition, infrastructure development and competitiveness", which States that, without prejudice to the provisions of art. 6 of legislative decree February 11, 1998, # 32, the rationalization of fuel distribution network is also intended to provide support for closing plants to holders of no more than ten works, however not vertically integrated in the refining sector, both for the environmental costs of restoring places following switchgear closure and that these specific destinations are permitted for a period not exceeding three years following the date of entry into force of the annual same conversion law; Visto l'art. 28 of Decree-Law No 98 July 6, 2011, converted by Act July 15, 2011, # 111, bearing urgent provisions for financial stabilization, and in particular paragraph 2 of that article, as amended by Decree-Law No 1 January 24, 2012, converted by law no March 24, 2012. 27, containing "urgent provisions on competition, infrastructure development and competitiveness", which stipulates that, by Decree of the Minister of economic development, to be issued by June 30, 2012, determined the extent of contributions referred to in paragraph 1 of that article, both of the new contribution to the Fund referred to in that paragraph 1, for a period of up to three years , by linking it to a fixed component for each type of plant and in a variable as a function of delivered litres, taking also into account the spatial density of the plants within the same catchment area; Having regard to the Decree of the Minister of economic development of April 19, 2013, published in the Gazzetta Ufficiale della Repubblica italiana on June 12, 2013, regarding "contributions for the environmental costs of restoring places from the Fund for the rationalization of fuel distribution network with which you have defined the extent of the contribution due, as well as the conditions , modalities and the terms of use of the availability of the Fund; Since the same art. 6 of the Decree of the Minister of economic development of April 19, 2013 expects the plant owners and managers shall pay the contribution for the refinancing of the Fund for the rationalization of fuel distribution network for the years ' 2013 with two payments and precisely with a first deposit by April 30, 2014, as an advance , corresponding to 50% of the charge payable and a second payment of balance by December 31, 2014; Given the directorial Decree DGSAIE of March 14, 2014 and the subsequent Decree being issued about the identification of provincial territorial catchment areas in high density, whose facilities are subject to an additional charge payable pursuant to art. 6, paragraph 1, of the Decree of the Minister of economic development of April 19, 2013; Given that the Cassa conguaglio G.P.L. He also substantially out of resources arising from previous refinancing of the Fund and that applications for contributions to environmental costs levied solely on the new 2014 refinancing of the Fund in question, which are already available at the same Cash resources arising from the payment on account made by owners and managers amounting to more than 20 million; Considering that the Ministry has submitted to the Cassa conguaglio G.P.L. for deliberation of provision, pursuant to paragraph 4 of art. 3 of the Ministerial Decree of April 19, 2014, about n. 250 applications for contributions with investigation already completed totalling accantonabile of over 15 million; Given that the Cassa conguaglio G.P.L. with note prot. May 26, 2014 and 772 of prot. 1172 of August 8, 2014 informed the Ministry operational difficulties encountered when carrying out the requirements of the new tasks assigned by the Ministerial Decree of April 19, 2013 and that such difficulties are causing a slowdown in the progress of the investigations of the questions already complete; Considering that it is also imminent expiry of December 30, 2014 for the payment of the balance of the contribution for the refinancing of the Fund, while still not been possible for the Cassa conguaglio G.P.L. do the deliberations of provision for applications under evaluation; Considered appropriate to simplify the process of inquiry questions and its verification procedure at the Cassa conguaglio G.P.L. to promote a prompt progress of questions and the actual cantierabilita ' of the works; Considered it necessary to extend the expiry date of the second payment by December 31, 2014, as a balance of the contribution for the refinancing of the Fund, in order to align time payments to the Fund by the owners and the use of resources available in the Fund; Considered it necessary to modify the Decree of the Minister of economic development of April 19, 2013 in order to simplify and expedite the activities;
Decrees: Art. 1 amendments to the Decree of the Minister of economic development of April 19, 2013 for the purpose of simplification of documentation, procedures and formalities, the Decree of the Minister of economic development of April 19, 2013, published in the Gazzetta Ufficiale della Repubblica italiana on June 12, 2013, regarding "contributions for the environmental costs of restoring places from the Fund for the rationalization of fuel distribution network" is so amended : the letter c), paragraph 2, art. 2, is that it replaced "c) statement of the payments to the Fund in accordance with art. 6 of the Decree of the Minister of economic development of April 19, 2013, rendered in the form of declaration in lieu of an act of notoriety under art. 47 of Decree of the President of the Republic December 28, 2000, n. 445, for each plant application (annex II);
in the third indent of paragraph 3, art. 2, after the word "documents" is deleted the word "accounting";
the second paragraph of paragraph 2 of art. 3, after the words "express" are added the words ", possibly subject to availability of funds,";
the first sentence of paragraph 4, art. 3, the words "and subject to verification of compliance of the payment referred to in annex II" are replaced by "reserving even after checking the compliance of payments referred to in annex II;
in art. 3 after paragraph 4, the following paragraph is added: ' 5. at the end of the deliberation of the provision referred to in paragraph 4 and the subsequent provision, the case will have to verify that the holder is not among those with irregular positions included in Annex 2b to financial balance sheet for the financial year 2013 approved by the case itself and that it is among the subjects for which they are payments to the Fund referred to in art. 6 of legislative decree March 31, 1998, n. 32 and in art. 29 December 12, 2002, law No. 273 and subsequent ministerial decree of August 7, 2003, holding facilities in years ' for which were due contributions to the Fund in accordance with those provisions. ";
in paragraph 1, second indent, article. 6, it added the following period "for the calculation of the variable component can claim the amount of litres of automotive fuel (petrol, gasoline and G.P.L.) sold to the plant by the year 2013. ";
in paragraph 3, second indent, article. 6, there shall be substituted the words "by December 31, 2014" with the words "by April 30, 2015";
the third indent shall be deleted from Annex I the words "under art. 6 of Legislative Decree No 32/1998 and art. 29 December 12, 2002, Act No. 273 and subsequent ministerial decree of August 7, 2003 ";
Annex II is replaced by the updated version attached;
in annex III, third indent, after the word "documents" is deleted the word "accounting".