Decree - Law 19 October 2015 154 - Termination Dell

Original Language Title: Decreto - Legge 19 Ottobre 2015 N.154 - Cessazione Dell

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Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17145044.html

Microsoft Word - CENTRAL MILK-2015.doc


SAN MARINO
DECREE - LAW 19 October 2015 154



We the Captains Regent of the Most Serene Republic of San Marino

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 the Company's liquidation and commissioning
Autonomous management of the Centrale del Latte, in order to proceed with the relative
privatization through concession Central Property use seat of Milk and
the complex of corporate assets to the "Agricultural Cooperative Milk Sammarinese";
- The urgent need to activate the aforementioned administrative procedures, even in light of big
deterioration of a portion of predicted;
- The urgent need to put in place timely building interventions to avert the risk of
business interruption and suspension of the collection and distribution of fresh milk and other dairy products
service within of the territory;
Given the decision of the 42 State Congress adopted in the sitting of 13 October 2015;
Considering Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2,
of Qualified Law n.186 / 2005;
We promulgate and send for publishing the following Decree-Law:


CESSATION OF STARTING AND LIQUIDATION OF THE COMPANY
INDEPENDENT MANAGEMENT OF CENTRAL
MILK AND GRANT USE OF THE PROPERTY ROOM Most Excellent And
COMPLEX OF COMPANY ASSETS FORMING THE MIDDLE OF MILK

REPUBLIC OF SAN MARINO
Art.
1 (Purpose)

1. In order to optimize the efficiency of their services and to respond to the changing socio economic needs
of the country, with this decree - law is put into liquidation, the Company
Autonomous State for the management of the Centrale del Latte .

Art.
2 (Suspension of operations and liquidation)

1. The Autonomous State for the management of Centrale del Latte of Law 13 February 1980
# 5 and its implementing Regulation approved by Decree of 23 April 1980 30
ceases trading October 31, 2015 and it is 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 Financial Statement of the financial year 2015
drawn to the termination of the activity date. 3
. The State Congress appoints a liquidator who is authorized until 30 June 2016 at
make payments and collections related to the debts and claims at the termination date
activity by general ledger accounts of the Company Autonomous State for the management of the Centrale del Latte
.
4. The Congress of State determines the remuneration of the liquidator, which is charged to the
liquidation. Shall apply mutatis mutandis the provisions of Articles 109, 111 and 112 of the Law
February 23, 2006 47, as amended.
5. Upon completion of the liquidation, the State Congress with its resolution
approves the liquidation accounts and authorizes the acquisition on the State Budget, financial
2015, budget balances and the Company's cash Autonomous It was for the Central
management Milk and the liquidation report findings.
6. The Flow Statement for the year 2015 approved by the Company's Board of Directors
Autonomous State for the management of the Central del Latte and liquidation statement
are transmitted to the Commission of Public Finance Control in accordance with Article 109
of Law 30 of 18 February 1998 and approved by the Great and General Council upon approval of the State General
flow statement for the financial year 2015.
7. The complex of assets resulting from termination of the Company Autonomous State
for the central management of the milk are acquired dall'Ecc.ma House and assigned to
Department of Land and Environment.
8. A Company after successful clearance Autonomous 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 Budget Forecast 2015 Operating status of the change they are established
appropriate budget chapters, incoming and outgoing, in the transposition of the transactions referred to above
paragraphs.


Art. 3
(Granting in use of the complex of corporate assets and property)

1. And 'it provided the right to use for a period of thirty years by the Most Excellent Chamber
to the Co-operative Agricultural limited liability "Agricultural Cooperative Milk
San Marino", the complex of corporate assets constituting the Central Milk of the Republic of San Marino
, consisting of machinery, equipment, movable property, tangible and intangible,
including the right to exclusive use of the trademark "Eurolatte" and "Centrale del Latte of the Republic of San
Marine". It is outside the complex subject of concession assets in use the machine called
bottler that is bought and sold.
2. And 'it provided the right to use for a period of thirty years by the Most Excellent Chamber
to the Co-operative Agricultural limited liability "Agricultural Cooperative Milk Sammarinese
" the distinguished building land registry to Map Sheet 19 particles 137
137 sub 1 and sub 2, in which the activities of the Centrale del Latte is currently exercised. 3
. The regulation of employment relations is left to a special 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 assets of
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
are entered in the Balance Sheet of the State at the value at the closing date of the Company Autonomous
State for the management of the Centrale del Latte.
6. In order to ensure the continuity of the business during the execution of operations on the factory building
headquarters of Centrale del Latte and considering the public interest in maintaining
of fresh milk collection and distribution service inside land
San Marino, a license occurs in the absence of the requirements of Article 9 paragraph 4
a) and c) of Law 40 of March 31, 2014 authorization to the exclusion stating the requirements | || hygienic sanitary. The operator is obliged to fulfill and observe the instructions given by
administration offices for their respective skills in order to obtain all the authorizations required by law
in up to 36 months. Failure to comply with such term
result in forfeiture of the license.

Art. 4
(White Zone)

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
Cooperative Society Limited Liability Agricultural "Agricultural Cooperative Milk San Marino ", until November 1, 2019.

2. The Co-operative Agricultural limited liability "Agricultural Cooperative Milk
Sammarinese" retains the obligation to buy the whole cow's milk produced in the San Marino
territory for the period of thirty years referred to in the preceding article at the fixed price
according to the six-month average, unless significant deviations of prices lists in the regions neighboring
and a nationally 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 interior with 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 of
domestic livestock;
C) to distribute fresh cow milk on the whole territory of the Republic under the brand
"Eurolatte";
D) to ensure the production of all products currently made by the Centrale del Latte;
E) to engage in the management and marketing activities of the Central
milk products while maintaining the "Milk" Central designation.
4. E 'except for the possibility for third parties to buy, sell and convert into products derived
not cow's milk and cow's milk to buy from the outside, only for its conversion into
spinoff and the sale of
latter both 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
derived product and for the sale of the latter both inside and outside

Of the Republic, in the manner prescribed by regulations adopted by the State Congress of
proposal of dairy farmers and the "Agricultural Cooperative Milk Sammarinese".
5. Violators of the provision in the first paragraph shall be punished with fines
administrative sanctions provided for in Article 28, paragraph 9, of Law no. 40/2014, imposed on
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) Regulation 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 23 April 1980 n. 30;
F) Decree 64 of May 24, 1999.



Given at Our Residence, 19 October 2015/1715 dFR



THE CAPTAINS REGENT
Lorella Stefanelli - Nicola Renzi



THE SECRETARY OF STATE FOR INTERNAL AFFAIRS

Gian Carlo Venturini