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Addresses To The Italian Central Stockholding Entity (Ocsit) In Relation To Emergency Stocks Of Petroleum Products.

Original Language Title: Indirizzi all'Organismo centrale di Stoccaggio Italiano (OCSIT)relativamente alle scorte di sicurezza dei prodotti petroliferi.

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The MINISTER of ECONOMIC DEVELOPMENT having regard to Legislative Decree No December 31, 2012. 249 incorporating «implementing directive 2009/119/EC imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products», hereinafter referred to "Legislative Decree No 249/12 '; See, in particular, article. 7, paragraph 1, of legislative decree 249/12 which gives the functions and activities of Italian Central stockholding entity, hereinafter referred to as "OCSIT", such single buyer S.p.A., a wholly owned subsidiary, through the Manager of energy services – GSE S.p.A., by the Ministry of economy and finance (hereinafter the «company»), already providing, within the framework of the energy sector, public law functions under the supervision of the Ministry of economic development and that includes also in order to ensure efficiency, effectiveness and economy of operations of OCSIT, that the Ministry of economic development adopt the addresses for the performance of his duties, on the basis of the plan it prepared, to set goals, priorities, operational tools and methods of obtaining and use of the resources allocated to the service; See paragraph 2 of art. 7 of Legislative Decree No OCSIT 249/12, according to which, in implementation of Legislative Decree No 249/12 or in order to comply with international agreements, its function is to acquire, hold, sell and carry stocks of products in Italian territory and can organize and provide a service of storage and transportation of emergency oil stocks and trading; See paragraph 4 of art. 7 of legislative decree 249/12, which provides that the burden resulting from the imposition and the implementation of all the functions and related activities of OCSIT, except for the activities requested and financed by parties responsible under art. 8, paragraph 1, point a), of the same Decree, are billed to the subjects that they released for consumption energy products listed in Annex C, point 3.1, paragraph 1, of Regulation (EC) no 1099/2008; See paragraph 5 of art. 7 of legislative decree 249/12, which States that the charges and costs referred to in paragraph 4 are covered through a contribution comprised a fixed fee and a variable, depending on the tons of petroleum products released for consumption in the previous year and that the amount of the contribution, as well as the terms and conditions of verification , receipt and payment of charges payable by the parties responsible shall be determined on the basis of information provided by OCSIT, by Decree of the Minister of economic development, in consultation with the Ministry of economy and finance, in order to ensure the economic, financial and asset OCSIT, independence from the other activities and functions performed by Acquirente Unico S.p.A.; Having regard to paragraphs 11 and 12 of article. 7 of legislative decree 249/12, which requires the OCSIT may, respectively, delegate tasks relating to the management of emergency stocks-with the exception of the sale or acquisition of stocks-and accept the powers of operators, in accordance with that specified in the mentioned legislation; See paragraph 15 of article. 7 of legislative decree 249/12 on the basis of which, without prejudice to the requirements of economic, patrimonial and financial balance referred to in the preceding subparagraph 5, OCSIT promotes program agreements with the Ministry of defence and NATO for using petroleum deposits, possibly not fully used, already in the availability of NATO's assets of the Ministry of defence or as a ten-year renewable loan free, and can manage the system of oil stocks on behalf of the Ministry of defence for military needs, with burden of the same Ministry of defence; Visto l'art. 9, paragraph 6, of the Legislative Decree 249/12, whereby it is the responsibility of the Ministry of economic development to establish yearly stock-holding OCSIT specific obligations; Visto l'art. 15, paragraph 1, first sentence of Legislative Decree No 249/12 under which, without prejudice to the provisions of art. 11, paragraphs 1 and 2, the OCSIT is responsible for the development, operation and maintenance of the it resources needed to receive, store and any form of statistical data and processing of any information communicated by parties responsible under art. 3, paragraph 7 of the Legislative Decree 249/12, including commercial inventory data provided by art. 14 of Legislative Decree No 249/12; Considered the plan passed by the single buyer S.p.A., as OCSIT, with a note of July 18, 2013, pursuant to art. 7, paragraph 1 of Legislative Decree No 249/12 and subsequent financial planning scenario sent by buyer Only S.p.A., as required by the Ministry of economic development, with a note of September 13, 2013 (hereinafter referred to as "Plan of OCSIT"); Considered the necessity of having to define, with the decree referred to in paragraph 1 of art. 7, the addresses you must abide by the OCSIT in the performance of his duties; Deemed to be able to transpose the signs communicated by the single buyer S.p.A. with the plane of OCSIT, as well as with the additional documentation and information transmitted; Deemed it necessary to ensure separation sheet with reference to the activities of OCSIT compared to other activities of the company, in line with the autonomy that Legislative Decree No 249/12 recognizes the activities of OCSIT compared to other functions performed by the single buyer and also in order to efficiently access the capital market issues the following Act to address Such single buyer S.P.A. According to Italian Central stockholding entity (OCSIT) Art. 1

Method of exercising the functions of OCSIT 1. This Act regulates the performance of the duties of the address OCSIT by single buyer S.p.A., pursuant to art. 7 of Legislative Decree n. 249/12. 2. The OCSIT shall perform the duties of legislative decree 249/12, subject to this Act and as described in the plane of OCSIT, as may be modified and updated from time to time, operating under proper management, transparency, efficiency, effectiveness and economy. 3. in order to ensure the maintenance of specific stocks, security and trade, OCSIT also operates according to market criteria. 4. for the purposes of paragraph 3, the OCSIT: a) stipulation, according to transparent and non-discriminatory procedures, contracts of purchase and/or sale of petroleum products and acquisition of logistic capacity availability, based on the types of products and maintenance obligations of the days of specific stocks, indicated in the decree under art. 3, paragraph 1, of Legislative Decree No 249/12 and in accordance with the provisions in this Act and in the plane of the OCSIT;
b) also makes use of the bidding system under art. 21 of Legislative Decree No. 249/12 to acquire the availability of mineral oil logistics capacity. 5. By the year 2016/2017 stocks, the OCSIT is committed to ensuring the achievement of 5 days of specific stocks. With the decree under art. 3, paragraph 1, of Legislative Decree No. 249/12 it is explained the annual breakdown of the obligation to maintain stocks and the type of product you want to buy. 6. The OCSIT ago borrowing according to what is stated in the plane of OCSIT. Established the starting phase, the OCSIT, consistent with market conditions and after assessment of opportunity and economic-juridical advantage by the company, can also make use of bonds compared with bank loans, with the approval of the Ministry of economic development and subject to compliance with applicable law and the acts of the same Ministry or address of the Ministry of economy and finance. 7. Burdens related finding of financial resources in accordance with the provisions of paragraph 6 shall be notified by the OCSIT to the Ministry of economic development in accordance with art. 2 for purposes of coverage under the contribution payable by parties responsible, under art. 7, paragraphs 4 and 5 of Legislative Decree No 249/12, in respect of economic balance, the balance sheet and financial OCSIT. 8. when following the directions of the Ministry of economic development, the OCSIT proceed to the sale of inventory previously purchased and this will create a difference in value than budgeted for the same post, this value, if positive, will be destined to cover the costs and charges of OCSIT, if negative, you'll find complete coverage in the contribution referred to in art. 7, paragraphs 4 and 5 of Legislative Decree No. 249/12. To this end, this value will be advised by OCSIT at the Ministry of economic development in accordance with art. 2, respecting the economic balance, the balance sheet and financial OCSIT. 9. The OCSIT, after risk analysis evaluates the opportunity to adopt standard operating procedures that involve hedging contracts. 10. Without prejudice to paragraph 8, the proceeds from the sale of petroleum products made from OCSIT following the directions of the Ministry of economic development, are intended primarily to reimbursement proportional-pari passu for fate capital-debt still contracted by OCSIT same for the purchase of oil products and hence the indebtedness assumed: (i) is resorting to bank loans, including possibly through the completion of loan agreements under articles. 2447-bis, paragraph 1, point b), and 2447-decies of the civil code, (ii) is implementing bond issues. 11. Economic and financial programming contained in the plane of the OCSIT means integrated and, where necessary, also affected if the obligations set forth in article 3, paragraph 1 stock of Legislative Decree No 249/12 and in its communications of the Ministry of economic development, lead to the OCSIT commitments greater than that estimated in the plane of the OCSIT itself. 12. If the OCSIT may experience difficulty in securing capital for repayment of loans expiring, informs the Ministry of economic development so that it can decide on the obligations for the period of jurisdiction and authorize OCSIT to the possible sale of inventory previously purchased, notwithstanding the stated at paragraph 8. 13. The company guarantees the separation sheet regarding the activities of OCSIT compared to other activities that it implements, and for this purpose can make use of every instrument, including legal, such as those provided for in articles 2447-bis and following of the civil code or other regulations, in accordance with the same rules. Stays put accounting separation obligations under art. 7, paragraph 8 of the Legislative Decree n. 249/12.