Law Decree 3 November 2015 161 - Ratification Decree Law 19 October 2015 154 - Termination Dell

Original Language Title: Decreto Legge 3 Novembre 2015 N.161 - Ratifica Decreto Legge 19 Ottobre 2015 N.154 - Cessazione Dell

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Text Decree - Law REPUBLIC OF SAN MARINO DECREE - LAW November 3, 2015 n.161 (Ratification Decree-Law 154 of October 19, 2015) We the Captains Regent of the Most Serene Republic of San Marino The Decree - Law 154 of 19 October 2015 - "Suspension of operations and commissioning Company liquidation Autonomous management of Centrale del Latte and right to use the property Most Excellent Chamber and to all of the business assets of the Central constituents milk Republic of San Marino" promulgated: Given the necessity and urgency referred to in Article 2, paragraph 2, letter b) of the Constitutional Law 15 December 2005 n. 183 and Article 12 of the Qualified Law 15 December 2005 n. 184, namely: - the need for the cessation of settlement and commissioning Autonomous Company for the management of the Centrale del Latte, in order to proceed to its privatization by granting in use of the property of the Central headquarters of the Milk and to all of the business assets to the "Agricultural Cooperative Milk Sammarinese"; - The urgent need to activate the aforementioned administrative procedures, even in light of the significant deterioration of a portion of predicted; - The urgent need to put in place timely building interventions to avert the risk of business interruption and collection and distribution of the service suspension of fresh milk and other dairy products within the territory; Given the decision of the 42 State Congress adopted in the sitting of 13 October 2015; Given the amendments to the above Decree in connection with ratification of the same by the Great and General Council at its meeting on 30 October 2015; Having regard to the Great General Council resolution, and 9 of 30 October 2015; Having regard to Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2, of the Qualified Law n.186 / 2005; Promulgate and publish the final text of the Decree - Law 154 of October 19, 2015 as amended as a result of the amendments approved by the Great and General Council at the time of ratification: CESSATION OF STARTING AND LIQUIDATION OF THE COMPANY INDEPENDENT fOR tHE MANAGEMENT oF CENTRAL MILK AND GRANT USE oF tHE PROPERTY Most Excellent CAMERA AND COMPLEX oF COMPANY ASSETS FORMING tHE MIDDLE oF tHE MILK oF tHE REPUBLIC oF SAN MARINO Art. 1 (purpose) 1. in order to optimize ' efficiency of the services offered and to meet the changing socio-economic needs of the country, with this decree - law is put into liquidation the Autonomous State Agency for the management of the Centrale del Latte. Art. 2 (Suspension of operations and liquidation) 1. The Autonomous State Agency for the management of Centrale del Latte of Law February 13, 1980 # 5 and its implementing Regulation approved by Decree of 23 April 1980 n. 30 ceases trading November 18, 2015 and was placed in liquidation. 2. The Board of Directors and the Board of Auditors shall be extended in their functions limited to closure operations and approval of the Final Balance of the financial statements drawn up in 2015 to the date of termination. 3. The State Congress appoints a liquidator who is authorized until June 30, 2016 to make payments and collections related to the debts and claims at the termination date of the general ledger accounts of the Company Autonomous Government to manage of Centrale del Latte. 4. The Congress of State determines the remuneration of the liquidator, which is charged to the clearance procedure. Shall apply mutatis mutandis the provisions of Articles 109, 111 and 112 of Law 47 of February 23, 2006, as amended. 5. Upon completion of the liquidation, the State Congress passed a resolution to approve the liquidation accounts and authorizes the acquisition on the State Budget, financial year 2015, budget balances and the Company's cash Autonomous State management of Centrale del Latte and the liquidation report findings. 6. The flow statement for the year 2015 approved by the Central State Administration Autonomous Company for the Management Board of the milk and the liquidation report shall be transmitted to the Commission of Public Finance Control in accordance with Article 109 of the Law February 18 30 of 1998 and approved by the Great and General Council upon approval of the State General Report for the financial year 2015. 7. the complex of assets resulting from termination of the Autonomous State Company for the management of the Central Milk is acquired dall'Ecc.ma Chamber the date of entry into
force of this Decree-Law and assigned to the Department of Land and Environment. 8. after successful Autonomous Company liquidation of State for the management of the Centrale del Latte, the administrative documentation is acquired by the competent offices of the Public Administration for the purposes of Article 41 of the Rules of Audit. 9. At the time of the change in the Provisional Budget of the previous State in 2015 are specially set budget chapters, incoming and outgoing, in the transposition of the transactions referred to above paragraphs. Art. 3 (Concession in use of the complex of corporate assets and property) 1. And 'foreseen the right to use for a period of thirty years by the Most Excellent Chamber Cooperative Society Limited Liability Agricola "Cooperative Agricola Latte San Marino ", the complex of the Central del Latte constituents corporate assets of the Republic of San Marino, consisting of machinery, equipment, movable property, tangible and intangible, including the right to exclusive use of the" Eurolatte "brand and" Centrale del Latte the Republic of San Marino. " It is outside the complex subject of concession assets in use the machine called bottler that is bought and sold. 2. E 'planned the right to use for a period of thirty years by the Most Excellent Chamber Cooperative Society Limited Liability Agricultural "Agricultural Cooperative Milk Sammarinese" the distinguished building land registry to Map Sheet 137 19 sub particles 1 and 137 sub 2, in which the activities of the Centrale del Latte is currently exercised. 3. The discipline of the position of an employee is assigned to a specific agreement with the Trade Union Organization. 4. At the end of 30 years or in case of early termination of the right to use, the property referred to in paragraphs 1 and 2 will fall fully available to the Most Excellent Chamber. 5. The increase in the asset value of the property referred to in paragraph 2 and the goods referred to in paragraph 1 shall be entered in the Balance Sheet of the State at the value to the state of the closing date of the Company Autonomous management of Centrale del Latte. 6. In order to ensure the continuity of the business during the execution of the building work on the establishment of the headquarters of the Central Milk and considering the public interest in maintaining the fresh milk collection and distribution service within the territory of San Marino, obtaining a license occurs in the absence of the requirements of Article 9, paragraph 4 a) and c) of Law 40 of March 31, 2014 to exclude authorization certifying the sanitary requirements. The operator is obliged to fulfill and comply with the rules established by the administration offices for their respective powers in order to obtain all of the permits required by law in up to 36 months. Failure to meeting this deadline leads to the forfeiture of the license. 6a. The company with limited liability Cooperative Agricola "Cooperativa Agricola San Marino milk" is required to implement all the necessary actions on the building referred to in paragraph 2, based on the requirements set forth by the appropriate agencies, with effect from the entry into force of this decree-law. Art. 4 (white area) 1. The "white zone", which consists in an exclusive basis in the sale of fresh cow's milk and long-life on the territory of the Republic of San Marino, still in favor of the Company with limited liability Cooperative Agricola "Cooperative Agricola San Marino milk ", up to 1 November 2019. 2. the Co-operative agricultural limited liability" agricultural Cooperative milk Sammarinese "retains the obligation to buy the whole cow's milk produced on the territory of San Marino for the period of thirty years referred to 'article preceding the price based on the six-month average, unless significant deviations, lists of prices in neighboring regions and a national representative price list. 3. The Co-operative Agricultural limited liability "Agricultural Cooperative Milk Sammarinese", for the thirty-year period referred to in Article above, it is bound: a) to transform the territory in all cow's milk produced in farms with internal lines product "internal supply chain", where the garrison of San Marino typicality; b) to ensure that the fresh cow milk brand "Eurolatte" intended solely milk farms of the interior; c) to distribute fresh cow milk on the whole territory of the Republic under the brand name "Eurolatte"; d) to ensure the production of all products currently made by the Centrale del Latte;
e) to exercise the activity of management and marketing of the Centrale del Latte products while maintaining the "Milk" Central designation. 4. E 'except for the possibility for third parties to buy, sell and turn into non-product derived from cow's milk and cow's milk to buy from the outside, only for its conversion into a derivative and for the sale of the latter is inside and outside the Republic. If the product is cow's milk internally in excess with respect to the needs of the Central Milk, third parties can purchase it, always only for its transformation into a derivative product and for the sale of the latter both inside and outside of the Republic, in the manner prescribed by regulations adopted by the Congress on a proposal from the State of the milk producers and the "Agricultural Cooperative milk Sammarinese". 5. Violators of the provision in the first paragraph shall be punished with administrative fines provided for in Article 28, paragraph 9, of Law no. 40/2014, imposed the sense of Article 27, paragraphs 7 and 8 of the same law. Art. 5 (Repeals) 1. With the entry into force of this Decree - Law shall be repealed: a) the Regulations 23 February 1962 n. 4; b) Regulation 23 February 1962 n. 5; c) the law 12 October 1970 n. 42; d) the law 13 February 1980 n. 5; e) Decree of 23 April 1980 n. 30; f) Decree 64 of May 24, 1999. Given at Our Residence, this day of November 3 2015/1715 THE CAPTAINS REGENT Lorella Stefanelli - Nicola Renzi THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini