The MINISTER of the environment and protection of land and sea in consultation with the Minister of health and the Minister of agricultural food and forestry policies having regard to Directive 1999/22/EC relating to the keeping of wild animals in zoos; Having regard to the Legislative Decree March 21, 2005 n. 73, as amended, implementing Directive 1999/22/EC; See in particular article 4, paragraph 2 of Legislative Decree No. 73/2005, which provides that a decree of the Minister of the environment and protection of land and sea, in consultation with the Minister of health and the Minister of agriculture, food and forestry, after consulting the Joint Conference, willing the closure of structures that are not in possession of the licence referred to in paragraph 1 of the same Legislative Decree; Visto l'art. 10, paragraph 1 of Legislative Decree No. 73/2005 which provides that the facilities open to the public before the entry into force of the Decree should follow within two years from that date, the requirements of the same Decree; Having regard to the Ministerial Decree 469/2001 concerning maintenance provisions regulation in captivity of specimens of the species of dolphins Tursiops truncatus, pursuant to article 17, paragraph 6 of law March 23, 2001, n. 93; Having regard to the note prot. # 28991 of November 11, 2005 with which Mr. Mamo Maximum legal representative of the company Rimini Dolphinarium s.r.l., owner of the property located in Lungomare Tintori # 2, 47900 Rimini, forwarded the request for the issue of a licence referred to in article 4, paragraph 1 of the Legislative Decree March 21, 2005, # 73, as provided for in annex 4, item A) of Legislative Decree No 73/2005; Having regard to the note prot. # 19493 of July 27, 2006 whereby the structure featured instance of exclusion from the scope of the Legislative Decree 73/2005, pursuant to art. 2, paragraph 2 of Legislative Decree No 73/2005 amended and supplemented by Legislative Decree 192/2006; Having regard to the note of this administration. # 003435 of February 17, 2009 with which it communicated to the structure which, following the expected Scientific Committee's opinion CITES, expressed at its meeting of October 16, 2008 and communicated with note prot. # DPN/1461 of January 26, 2009, the Rimini Dolphinarium falls within the scope of Legislative Decree 73/2005, as the property exposes a number of specimens and species deemed significant for the purposes of the pursuit of the purposes of art. 1 of the Decree; Having regard to the note of this administration. # 003435 of February 17, 2009 with which you require additions to documents intended to prove the existence of the requirements of art. 3 of Legislative Decree 73/2005 and showed that there was correspondence with the requirements of the Ministerial Decree 469/01; Having regard to the note prot. # 12864 of June 15, 2009 with which the structure sent integrations requests and informed her that the direction of the Dolphinarium had commissioned the Arch. Malone to start the paperwork for the construction of a new plant, sending at the same time the redevelopment project; Having regard to the note prot. # 24586 of November 17, 2009 with which the direction of the State-owned maritime concessions surface Dolphinarium informed the Dolphinarium was not sufficient to cover the expansion as required by the regulations and that the new project was awaiting the expected clearance from relevant authorities (Municipality, State property, Superintendent); Having regard to the note prot. 21027 n. of September 18, 2012 with asking the State Forestry of wanting to make an inspection in order to verify the progress of redevelopment of the Dolphinarium and generally carry out the checks provided for by art. 2 of the Ministerial Decree 469/2001, taking into account especially the aspects relating to care and welfare; Having regard to the note prot. # 31728 of April 22, 2013 with which the lawyer. Bacillieri, on behalf of the company Rimini Dolphinarium s.r.l., informed her that the municipal administration of Rimini undertook the issue of permits and the adjustment of planning tools of jurisdiction provided that the company could acquire the State-owned area needed for enlargement; Having regard to the note prot. # 41128 of July 18, 2013 with which this Administration was asking questions about that redevelopment work begins and the location of the specimens during the course of the same; Having regard to the note prot. # 42523 of August 5, 2013 with which the lawyer. Bacillieri, on behalf of the company Rimini Dolphinarium s.r.l., informed her that the modification work would start when the municipality of Rimini would give its consent to its project; Examined the results of the inspection conducted in July 31, 2013 date by the Commission of experts composed by dott.ssa Irene Aguzzi for the Ministry of environment and protection of land and sea, by dott.ssa Cristina Zacchia veterinary of the Ministry of health and by dott.ssa Da1 's Chief Commissioner of the State Forestry Corps, which also attended the dott.ssa V.Q.A.F. Cecilia Ambrogi , v. Isp. Joseph Abila, Above. Chief Ivan Severoni, Above. Fulvio Cipollone, the Above. Pedaletti Amedeo of the State Forestry Corps, Dr. Luca Baroni and Dr. Alberto Malhotra of ASL in Rimini, dott.ssa Laura Lombardini veterinary doctor of the Emilia Romagna region and dott.ssa Claudia Gili, appointed Auxiliary of judicial police; Reviewed the report prepared by the Commission, transmitted with note prot. # 43262 of August 21, 2013 in which Commissioners highlight serious difficulties concerning the compliance with the minimum requirements by the Ministerial Decree 469/2001 concerning detention in captivity of Tursiops truncatus, and serious deficiencies attributable to the application of article 3 of Legislative Decree No 73/2005 and in particular on the State of well-being, health and hygiene of animals; The note prot. # 43356 of August 23, 2013 with which this administration, in accordance with art. 10-bis of law No. 241/90, informed the structure, following the inspection took place on July 31, 2013 and the minutes of the Commission inspector, the existence of impediments to acceptance of the license instance of zoological gardens; Having regard to the note prot. # 44447 of 12/09/2013 with which the lawyer. Bacillieri in the name and on behalf of the company Rimini Dolphinarium s.r.l. also provided elements, asking also the further end of December 31, 2013 to start modification work of the structure as required by legislation; Having regard to the note of State forestry prot. # 201304760-IX/N of September 19, 2013 which conveyed the execution of the measure of preventive seizure of four specimens of Tursiops truncatus transferred at the Aquarium placed by the Tribunale di Rimini G.I.P. of September 11, 2013, P.P. # R.G.G.I.P. # 4356/13 5971/13 RGNR and; Having regard to the note prot. # 45260 of September 24, 2013 with which this Administration communicated to the impossibility to accept the comments submitted as well as the request for additional time to complete the adjustments as a result of criticality found in home inspection, especially with regard to the well-being and health of Tursiops truncatus, confirming the refusal of authorisation under the above conditions represented; Having regard to the note of State forestry prot. # 1339-IX/A of January 13, 2014 with which communicated the confirmation of preventive seizure with a second device of the ordinary court of Rimini Ref. 80/2013 R.R.T.L. of September 30, 2013; Considered that at present there are no requirements by Legislative Decree No. 73/2005, given the non-compliance of all the requirements required by the processing, on the basis of the results of inspections and the serious situation confirmed with the seizure by the Tribunale di Rimini; Having regard to the express concert Ministry of agricultural food and forestry policies transmitted with note prot. # 5354 of May 20, 2014; Saw the concert expressed by the Ministry of health, transmitted with note prot. # 3971 of May 15, 2014; Given the favourable opinion expressed by the Joint Conference at its meeting of September 25, 2014;
Decrees: Art. 1 it's rejected the instance of Zoo licence referred to in article 4 paragraph 1 of legislative decree March 21, 2005, n. 73, presented with the note prot. 28991 of November 11, 2005 by Mr. Mamo maximum, legal representative of company Rimini Dolphinarium s.r.l., owner of the property located in Lungomare Tintori # 2, 47900 Rimini.