Administrative Sanctions For Failure To Meet The Requirement A Minimum Share Of Biofuels Consumption In Recording Quality In, 30-2, Article Sensidel Subparagraph E Of Decree-Law June 24, 2014, # 91, Signed Into Law August 11, 2014, N. ...

Original Language Title: Sanzioni amministrative per il mancato raggiungimento dell'obbligo diimmissione in consumo di una quota minima di biocarburanti, ai sensidel comma 2, dell'articolo 30-sexies del decreto-legge 24 giugno2014, n. 91, convertito in legge 11 agosto 2014, n....

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-03-07&atto.codiceRedazionale=15A01729&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The MINISTER of ECONOMIC DEVELOPMENT having regard to the order of the Minister of agricultural, food and forestry policies in consultation with the Minister of economic development, the Minister of the environment and protection of land and sea and the Minister of economy and Finance of April 29, 2008, n. 110, establishing criteria, conditions and modalities for the implementation of the obligation for release for consumption in the national territory of a minimum share of biofuels in accordance with article 36, paragraph 1, subparagraph 3, of law no 296/06; Having regard to the Decree of the Minister of economic development, in consultation with the Minister of economy and finance, the Minister of the environment and protection of land and sea and the Minister of agricultural food and forestry policies of the April 23, 2008, # 100, "regulation on administrative penalties for failure to meet the obligation to release for consumption of a minimum share of biofuels in accordance with article 2, paragraph 2, of the law-quarter March 11, 2006, n. 81, as replaced by article 1, paragraph 368 of December 27, 2006, # 296 "; Having regard to the Legislative Decree March 3, 2011, n. 28 implementing directive 2009/28/EC on the promotion of the use of energy from renewable sources and amending and subsequently repealing directives 2001/77/EC and 2003/30/EC, which provides, inter alia, support schemes for the use of renewable energy in transport; Having regard to article 34 "regulations for the management and accounting of biofuels" Decree-Law No 83 June 22, 2012 laying down urgent measures for the country's growth, converted with amendments by law no August 7, 2012. 134, which amended article 33 of legislative decree March 3, 2011, # 28; See paragraph 5-e of article 33 of legislative decree March 3, 2011, # 28, as amended, which stipulates that, as from 1 January 2013, operational and managerial competences assigned to the Ministry of agriculture, food and forestry under the provision implementing article 2-quater of Decree-Law January 10, 2006, n. 2 March 11, 2006, converted, with amendments, by law, no. 81, as amended by article 1, paragraph 368 of December 27, 2006, # 296, are attributed to the Ministry of economic development, which also carries through the Manager of energy services S.p.A.; Having regard to the Legislative Decree March 31, 2011, n. 55 implementing directive 2009/30/EC amending Directive 98/70/EC, with regard to specifications for petrol, diesel fuel and gasoline, introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Directive 1999/32/EC as regards the specifications for fuel used by inland waterway vessels and repealing Directive 93/12/EEC; Having regard to the order of the Minister of the environment and protection of land and sea, in consultation with the Minister of economic development and the Minister of food forest and agricultural policies of January 23, 2012 national certification system for biofuels and bioliquids, enacted pursuant to article 2, paragraph 6, point a) of legislative decree March 31, 2011, n. 55 and subsequent amendments and additions; Having regard to the Decree of the Minister of economic development, in consultation with the Ministers of economy and finance, the environment and protection of land and sea and of agricultural food and forestry policies of February 13, 2013, amending, pursuant to paragraph 7, article 34 of the decree-law June 22, 2012, # 83, converted with amendments by law August 7, 2012 , n. 34, conventional specifications of fuels and biofuels for the purposes of the obligation for release for consumption in the national territory of a minimum share of biofuels; Having regard to the Decree of the Minister of economic development, in consultation with the Minister of economy and Finance of December 11, 2013, operational burdens and its method of payment to GSE'S Manager of energy services S.p.A. for performing operational and management skills on biofuels, in accordance with article 33, paragraph 5-e, of legislative decree March 3, 2011, # 28, and subsequent amendments and additions; Having regard to the Decree of the Minister of economic development, in consultation with the Minister of the environment and protection of land and sea and the Minister of food forest and agricultural policies of December 5, 2013 establishing incentive mode of biomethane entered into the natural gas grid; See paragraph 15, article 1, of Decree-Law No 145, December 23, 2013 converted with amendments by law no February 21, 2014. 9 introducing urgent measures to initiate the plan ┬źdestination Italy┬╗, to reduce electricity tariffs and gas handling reduced premiums RC-cars, internationalization, development and digitalization of enterprises, as well as measures for the realization of public works and EXPO 2015, which makes amendments to article 33 of legislative decree March 3, 2011, # 28 and new arrangements for the system of release for consumption of biofuels by placing in particular that by Decree of non-regulatory nature the Minister of economic development, heard the biofuels Advisory Technical Committee referred to in article 33, paragraph 5-sexies Decree March 3, 2011, n. 28 you shall update the conditions, criteria and methods of implementation of the obligation to release for consumption of biofuels; Having regard to articles 25 and 30-sexies subsection 1 of Decree-Law No 91 June 24, 2014 converted with amendments by law No 116 August 11, 2014 containing "urgent provisions for agriculture, environmental protection and energy efficiency of school and University buildings, the revival and development of enterprises, the containment of costs imposed on electricity tariffs, as well as for the definition of requirements arising from European legislation" , that make amendments respectively on ways of covering of charges incurred by the Manager of energy services GSE S.p.A. and obligation to release for consumption of biofuels, in particular that has that with the same Decree of the Minister of economic development under article 15, paragraph 1, of Decree-Law No 145 December 23, 2013, converted with amendments to law No 9 February 21, 2014, to upgrade the conditions, criteria and methods of implementation of the obligation to release for consumption of biofuels, establishes the minimum quota for the years beyond 2015 as per paragraph 139, article 2 of law December 24, 2007, n. 244, and its distribution on different densities of different types of biofuels, including those advanced and that using the same method you shall carry out subsequent updates; Having regard to article 30-sexies subsection 2 of Decree-Law No 91 June 24, 2014 converted with amendments by law August 11, 2014, # 116 which provides that a decree of the Minister of economic development, heard the biofuels Advisory Technical Committee referred to in article 33, paragraph 5-sexies Decree March 3, 2011, # 28, to be issued by November 15, 2014 , are fixed the administrative fines, proportionate and dissuasive, for failure to meet the obligations laid down by the Decree pursuant to paragraph 1 of that article 30-sexies of Decree-Law No 91 June 24, 2014 converted with amendments by law No 116 August 11, 2014; Having regard to the Decree of the Minister of economic development of October 10, 2014 of updating the conditions, the criteria and modalities of implementation of the obligation to release for consumption of biofuels including those advanced, issued pursuant to paragraph 1, article 30-sexies of Decree-Law June 24, 2014, n. 91 converted with amendments by law No 116 August 11, 2014; See in particular paragraph 4, article 7 of the Decree of the Minister of economic development of October 10, 2014, with whom we establish that for biofuels released for consumption until the year 2015, in the event of non-compliance with the obligation, are subject to the penalties provided for by the Decree mentioned in paragraph 2 of article 2-c of the law of March 11, 2006, n. 81 and subsequent amendments and additions, and also establishes that for biofuels released for consumption in the year 2016, subject to the provisions of paragraph 2, article 30-sexies of Decree-Law June 24, 2014, n. 91 converted by Act No 116 August 11, 2014; Having regard to the Legislative Decree of December 31, 2012, n. 249 and in particular article 22 where are guidelines for operating platform of automotive liquid petroleum products wholesale market; Having regard to law no 689 November 24, 1981 and subsequent amendments and integrations, amending the penal system and in particular articles 16, 17 and 18 governing payment to a lesser extent, the obligation of the relationship and the Ordinance-injunction; Acquired the positive opinion of the Advisory Technical Committee referred to in article 33, paragraph 5 biofuels-sexies Decree March 3, 2011, # 28, at its meeting on December 17, 2014;
Decrees: Art. 1 administrative fines 1. In the event of a breach of duty for release for consumption in the country of minimum quotas differentiated between different types of biofuels referred to Decree of the Minister of economic development of October 10, 2014, established on the basis of the report on compliance with the obligation to release for consumption of biofuels transmitted by 30 June of each year starting in 2017 and referred to the previous year , the Manager of energy services S.p.A. (GSE), the economic development Ministry undertakes to notify the details of the breach to defaulting parties responsible under article 16, law no 689 November 24, 1981. If it was not paid to a lesser extent to a third of the pecuniary administrative sanction pursuant to subsection 2, the Ministry of economic development conveys a documented report to the prefect of the place where the registered office of the party responsible committing the violation, in accordance with articles 17 and 18 of law November 24, 1981 , # 689, which determines through an order-order the imposition of pecuniary administrative sanction pursuant to subsection 2. 2. except where the Act constitutes a crime, in the case of infringement of the obligation to enter into domestic consumption total minimum share of biofuels or minimum elevation of advanced biofuels laid down by Decree of the Minister of economic development of October 10, 2014 shall apply, for each of the two violations, the pecuniary administrative sanction of 750.00 euro per certificate of release for consumption provided for in article 6 and 7 of the Decree of the Minister of economic development of 10 October 2014, missing in the reference year. 3. The penalty imposed pursuant to subsection 2 for a year does not extinguish the obligation of placing of biofuels that created it and the outstanding obligation is reported in the same party responsible for the following year in addition to that resulting from the requirement for the same year. 4. in order to ensure an adequate level of penalties with respect to the conditions of the oil market and biofuels, by Decree of the Minister of economic development, heard the biofuels Advisory Technical Committee referred to in article 33, paragraph 5-sexies Decree March 3, 2011, n. 28, may be revised annually, with reference to the obligation of the following year, the extent of the penalties referred to in paragraph 2.