Violations and Sanctions F-GAS

Violations and Sanctions F-GAS

Violations and Sanctions F-GAS Legislative Decree 5 December 2019, n. 163 Discipline of sanctions for the violation of the provisions of Regulation (EU) no. 517/2014 on fluorinated greenhouse gases Table of applicable sanctions

This guide designed and created by Itieffe is an important document for anyone involved in the management, installation or maintenance of equipment containing fluorinated greenhouse gases, commonly known as F-GAS gases. These gases are used in a wide range of applications, including refrigeration systems, air conditioning, heating systems and other industrial applications, and are regulated at European and national levels to mitigate the negative impact on climate change.

This guide is intended to clarify the laws and regulations in force relating to the use and management of F-GAS gases and to provide essential information on possible violations and related sanctions. This document is useful for ensuring that companies and individuals comply with environmental regulations and are aware of the legal consequences if they breach them.

It is critical to understand that the proper management of F-GAS is crucial to reducing greenhouse gas emissions and contributing to global efforts to address climate change. Therefore, this guide focuses on the importance of legal compliance and the registration, monitoring and reporting obligations for those working with F-GAS gases.

What the guide contains

Within the guide, we will examine the different types of violations and the related sanctions that can be applied in case of non-compliance. However, it is essential to highlight that, in addition to complying with the law, adopting sustainable practices and reducing F-GAS emissions are important to preserve the environment and the future of our planet. Therefore, this guide is an educational tool to promote environmental responsibility and compliance with F-GAS regulations.

Violations and Sanctions F-GAS

LEGISLATIVE DECREE 5 December 2019, n. 163

Sanctioning discipline for the violation of the provisions of Regulation (EU) no. 517/2014 on fluorinated greenhouse gases and repealing regulation (EC) no. 842/2006. (19G00170) (GU n.1 of 2-1-2020)

 Effective on: 17-1-2020

THE PRESIDENT OF THE REPUBLIC

Having regard to articles 76 and 87 of the Constitution;

Having regard to the law of 23 August 1988, n. 400, governing the activity of government and the order of the Presidency of the Council of Ministers, and in particular article 14;

Having regard to the law of 25 October 2017, n. 163, containing «Delegation to the Government for the transposition of European directives and the implementation of other European Union acts - 2016-2017 European delegation law», and in particular article 2;

Having regard to regulation (EU) no. 517/2014 of the European Parliament and of the Council, of 16 April 2014, on fluorinated greenhouse gases and repealing Regulation (EC) no. 842/2006, and in particular article 25;

Having regard to the law of 24 November 1981, n. 689, containing changes to the penal system;

Given the legislative decree of 3 April 2006, n. 152, containing «Environmental regulations»;

Having regard to the law of 24 December 2012, n. 234, laying down general rules on Italy's participation in the formation and implementation of European Union legislation and policies, and in particular Article 33, which governs the general criteria for delegating to the Government for the disciplinary discipline of violations of regulatory acts of the European Union;

Given the decree of the President of the Republic November 16, 2018, n. 146, concerning the methods of implementation of regulation (EU) no. 517/2014 on fluorinated greenhouse gases;

Having regard to the Implementing Regulation (EU) no. 1191/2014 of the Commission, of 30 October 2014, which determines the format and methods of transmission of the report referred to in Article 19 of Regulation (EU) no. 517/2014 of the European Parliament and of the Council on certain fluorinated greenhouse gases;

Having regard to the Commission Implementing Regulation (EU) 2015/2065 of 17 November 2015, which establishes, pursuant to Regulation (EU) no. 517/2014 of the European Parliament and of the Council, the format of the notification of the training and certification programs of the Member States;

Having regard to the Commission Implementing Regulation (EU) 2015/2066 of 17 November 2015 which establishes, pursuant to Regulation (EU) no. 517/2014 of the European Parliament and of the Council, the minimum requirements and conditions for the mutual recognition of the certification of natural persons involved in the installation, assistance, maintenance, repair or deactivation of electrical switches containing fluorinated greenhouse gases or for the recovery of fluorinated greenhouse gases from fixed electrical switches;

Having regard to the Commission Implementing Regulation (EU) 2015/2067 of 17 November 2015, which establishes, in accordance with Regulation (EU) no. 517/2014 of the European Parliament and of the Council, the minimum requirements and conditions for the mutual recognition of the certification of natural persons with regard to stationary refrigeration and air conditioning equipment, stationary heat pumps and refrigeration cells of trucks and refrigerated trailers containing fluorinated greenhouse gases, as well as' for the

certification of companies with regard to stationary refrigeration, air conditioning equipment and stationary heat pumps containing fluorinated greenhouse gases;

Having regard to the Commission Implementing Regulation (EU) 2015/2068 of 17 November 2015, which establishes, pursuant to Regulation (EU) no. 517/2014 of the European Parliament and of the Council, the format of the labels for products and equipment that contain fluorinated greenhouse gases;

Having regard to the Commission Implementing Regulation (EU) 2016/879, of 2 June 2016, which establishes, pursuant to Regulation (EU) no. 517/2014 of the European Parliament and of the Council, detailed procedures relating to the declaration of conformity at the time of placing on the market of refrigeration and air conditioning equipment and heat pumps loaded with hydrofluorocarbons as well as the related verifications by a body independent control;

Having regard to the Commission Implementing Regulation (EU) 2017/1375 of 25 July 2017 amending Implementing Regulation (EU) no. 1191/2014 which determines the format and methods of transmission of the report referred to in Article 19 of Regulation (EU) no. 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases;

Having regard to the Commission Implementing Regulation (EU) 2018/1992 of 14 December 2018 amending Implementing Regulation (EU) no. 1191/2014 regarding the communication of data referred to in Article 19 of Regulation (EU) no. 517/2014 as regards hydrofluorocarbons placed on the market in the United Kingdom and in the Union of 27 Member States;

Having regard to the Commission Implementing Regulation (EU) 2019/522 of 27 March 2019, amending Implementing Regulation (EU) no. 1191/2014 regarding the communication of data on the

production, imports and exports of polyols containing hydrofluorocarbons pursuant to Article 19 of Regulation (EU) no. 517/2014;

Having regard to the Commission Implementing Regulation (EU) 2019/661 of 25 April 2019 which ensures the correct functioning of the electronic register of quotas for the placing on the market of hydrofluorocarbons, establishing the general operational requirements for registration in the register established pursuant to of Article 17, paragraph 1, of Regulation (EU) no. 517/2014;

Given the preliminary resolution of the Council of Ministers, adopted at the meeting of 31 July 2019;

Having acquired the opinions of the competent Commissions of the Chamber of Deputies and of the Senate of the Republic;

Having regard to the resolution of the Council of Ministers, adopted at the meeting of 21 November 2019;

On the proposal of the Minister for European Affairs and the Minister of Justice, in agreement with the Minister for the environment and for the protection of the territory and the sea;

And mana

the following legislative decree:

Art. 1 - Scope of

 

  1. This decree contains the sanctioning discipline for the violation of the obligations, as per regulation (EU) no. 517/2014, of the European Parliament and of the Council, of 16 April 2014, on fluorinated greenhouse gases and repealing Regulation (EC) no. 842/2006, hereinafter referred to as «Regulation (EU) no. 517/2014 », and the related implementing regulations of the European Commission, implemented with the decree of the President of the Republic November 16, 2018, n. 146.
  1. In cases where administrative sanctions are provided for in this decree, the application of criminal sanctions remains valid when the fact constitutes a crime.

Art. 2 - Definitions

 

  1. For the purposes of this decree, the definitions referred to in Article 2 of Regulation (EU) no. 517/2014 and in article 2 of the decree of the President of the Republic, n. 146 of 2018.

 

Art. 3 - Violation of the obligations established by Article 3 of Regulation (EU) no. 517/2014 on the prevention of emissions of fluorinated greenhouse gases

  1. Anyone who intentionally releases fluorinated greenhouse gases into the atmosphere if the release is not necessary as a technical consequence of the permitted use, is punished with a pecuniary administrative sanction ranging from € 20.000,00 to € 100.000,00.
  1. The operator who accidentally releases fluorinated greenhouse gases and who, in the event of a leak of fluorinated greenhouse gases, does not carry out the relative repair, without undue delay and in any case no later than 5 days from ascertaining the leak , is punished with a pecuniary administrative sanction from € 5.000,00 to € 25.000,00.
  1. The operator who, within one month of the repair of the equipment subject to the leakage checks referred to in Article 4, paragraph 1, of Regulation (EU) no. 517/2014, does not carry out, making use of natural persons in possession of the certificate referred to in article 7 of the decree of the President of the Republic, n. 146 of 2018, or referred to in article 13 of the same decree, the verification of the effectiveness of the repair carried out is punished with a pecuniary administrative sanction from 5.000,00 euros to 15.000,00 euros.

Art. 4 - Violation of the obligations established by Article 4 of Regulation (EU) no. 517/2014 on the control of losses

  1. The operator who fails to comply with the leakage control obligations according to the deadlines and procedures referred to in Article 4 of Regulation (EU) no. 517/2014, is punished with a pecuniary administrative sanction from € 5.000,00 to € 15.000,00.

Art. 5 - Violation of the obligations established by Article 5 of Regulation (EU) no. 517/2014 on leak detection systems

  1. The operator of the equipment listed in Article 4, paragraph 2, letters a) to d) of Regulation (EU) no. 517/2014 and containing fluorinated greenhouse gases in quantities equal to or greater than 500 tons of CO2 equivalent which does not equip said equipment with a leak detection system capable of reporting any leaks to the same operator or to a maintenance company, is punished with a pecuniary administrative sanction from € 10.000,00 to € 100.000,00.
  1. The operator of the equipment listed in Article 4, paragraph 2, letters f) and g) of Regulation (EU) no. 517/2014 and containing fluorinated greenhouse gases in quantities equal to or greater than 500 tons of CO2 equivalent, installed starting from 1 January 2017, which does not equip said equipment with a leak detection system capable of reporting to the same operator o to a maintenance company any losses, is punished with a pecuniary administrative sanction from € 10.000,00 to € 100.000,00.
  1. The operator of the equipment listed in Article 4, paragraph 2, letters a) to d) of Regulation (EU) no. 517/2014 and letter g) and containing fluorinated greenhouse gases in quantities equal to or greater than 500 tons of CO2 equivalent equipped with a leak detection system capable of reporting to the the operator himself or to a maintenance company, any losses that do not check these systems at least once every twelve months are punished with a pecuniary administrative sanction ranging from € 10.000,00 to € 100.000,00.
  1. The operator of the equipment listed in Article 4, paragraph 2, letter f) of Regulation (EU) no. 517/2014 and containing fluorinated greenhouse gases in quantities equal to or greater than 500 tons of CO2 equivalent, installed starting from 1 January 2017, equipped with a leak detection system capable of reporting to the same operator or to a any loss maintenance company, which does not check these systems at least once every six years, is punished with a pecuniary administrative sanction from € 10.000,00 to € 100.000,00.

Art. 6 - Violation of the obligations established by Article 6 of Regulation (EU) no. 517/2014 on the keeping of the registers kept in the database referred to in the decree of the President of the Republic n. 146/2018

  1. The certified companies referred to in article 8 of the Presidential Decree n. 146 of 2018, or those referred to in Article 13 of the same decree, or, in the case of companies not subject to the obligation of certification, the certified natural persons referred to in Article 7 of the same decree, or those referred to in article 13 of the same decree, which they do not insert in the database referred to in article 16 of the decree of the President of the Republic n. 146 of 2018, the information referred to in article 16 paragraphs 4, 5 and 7 of the same decree, within thirty days from the date of the intervention, is punished with a pecuniary administrative sanction from € 1.000,00 to € 15.000,00.

Art. 7 - Violation of the obligations established by Article 8 of Regulation (EU) no. 517/2014 on the recovery of fluorinated greenhouse gases

  1. The operator of stationary refrigeration equipment, stationary air conditioning, stationary heat pumps, refrigeration units of refrigerated trucks and trailers, stationary equipment containing fluorinated greenhouse gas solvents, stationary equipment of fire protection and fixed electrical switches, which makes use of natural persons not in possession of the certificate referred to in article 7 of the decree of the President of the Republic, n. 146 of 2018, or, in the applicable cases, of that referred to in Article 13 of the same decree, in the activity of recovery of fluorinated gases from the aforementioned equipment, during their repair and maintenance, in order to ensure their recycling, regeneration o destruction, is punished with a pecuniary administrative sanction ranging from € 10.000,00 to € 100.000,00.
  1. The company that uses a container referred to in Article 8, paragraph 2, of Regulation (EU) no. 517/2014, which before disposing of the container does not ensure that the fluorinated gases contained therein are recovered, in order to ensure their recycling, regeneration or destruction, is punished with a pecuniary administrative sanction from 7.000,00 to 100.000,00 euros, XNUMX euros.
  1. Companies carrying out the recovery of fluorinated gases from the air conditioning systems of motor vehicles falling within the scope of Directive 2006/40 / EC of the European Parliament and of the Council of 17 May 2006, excluding the activity which does not involve preventive or subsequent recovery of the fluorinated gases from the plants themselves, using personnel who do not possess the certificate referred to in Article 9, paragraph 1, of the Presidential Decree no. 146 of 2018, or the one referred to in article 13 of the same decree, are punished with a pecuniary administrative sanction from 7.000,00 euros to 100.000,00 euros.
  1. The penalties envisaged for the correct disposal of products and equipment as governed by the legislation on waste pursuant to Legislative Decree 3 April 2006, n. 152.

Art. 8 - Violation of the obligations established by Article 10 of Regulation (EU) no. 517/2014 on certification

  1. The natural persons who carry out the activities referred to in Article 10, paragraphs 1, letters a), b), c) and 2, of Regulation (EU) no. 517/2014, without being in possession of the relevant certificate or attestation referred to in articles 7 and 9 of the decree of the President of the Republic n. 146 of 2018, or the one referred to in article 13 of the same decree, are punished with a pecuniary administrative sanction from € 10.000,00 to € 100.000,00.
  1. The companies that carry out the activities referred to in Article 10, paragraph 6, of Regulation (EU) no. 517/2014, without being in possession of the relevant certificate issued pursuant to article 8 of the decree of the President of the Republic no. 146 of 2018, or the one referred to in article 13 of the same decree, are punished with a pecuniary administrative sanction from € 10.000,00 to € 100.000,00.
  1. The company that entrusts the installation, repair, maintenance, servicing or dismantling of stationary refrigeration equipment, stationary air conditioning, stationary heat pumps and fire protection equipment, to a company that does not have the relevant certificate issued pursuant to article 8 of the decree of the President of the Republic n. 146 of 2018, or the one referred to in article 13 of the same decree, is punished with a pecuniary administrative sanction from € 10.000,00 to € 100.000,00.
  1. The certification bodies referred to in Article 5 of the Presidential Decree no. 146 of 2018, as well as the conformity assessment bodies of training certification bodies referred to in Article 6 of the same decree, which do not transmit to the Ministry of the Environment and the Protection of the Territory and the Sea, by 31 March of each year, the report on the activities carried out by them during the previous year, are punished with a pecuniary administrative sanction from € 1.000,00 to € 5.000,00.
  1. The certification bodies referred to in Article 5 of the Presidential Decree no. 146 of 2018, which are not registered in the register referred to in Article 15 of the Presidential Decree no. 146 of 2018, within 10 days from the date of receipt of the designation of the same, are punished with a pecuniary administrative sanction from € 150,00 to € 1.000,00.
  1. The training certification bodies referred to in Article 6 of the Presidential Decree no. 146 of 2018, which do not transmit to the conformity assessment body that certified them the names of the natural persons who have obtained the certificate, within 10 days from the date of issue of the same, are punished with a pecuniary administrative sanction from 150,00 euros to 1.000,00 euros.
  1. Failure to comply with the terms referred to in article 5, paragraph 4, and article 6, paragraph 4, of the decree of the President of the Republic no. 146 of 2018, by the designated certification bodies and the conformity assessment bodies of certification bodies is punished with a pecuniary administrative sanction from 150,00 to 1.000,00 euros.
  1. The obliged subjects referred to in articles 6, 7, 8, 9 and 10 of the decree of the President of the Republic n. 146 of 2018, who do not register in the national telematic register referred to in article 15 of the same decree, are punished with a pecuniary administrative sanction from 150,00 to 1.000,00 euros.

Art. 9 - Violation of the obligations established by Article 11 of Regulation (EU) no. 517/2014 on marketing restrictions

  1. Anyone who places on the market the products and equipment listed in Annex III of Regulation (EU) No. 517/2014 with manufacturing date later than that indicated in the same annex, is punishable with arrest from three months to nine months or with a fine ranging from 50.000,00 euros to 150.000,00 euros.
  1. The sanction referred to in paragraph 1 does not apply to the placing on the market of military equipment and products referred to in Article 11, paragraph 2, of Regulation (EU) no. 517/2014.
  1. Companies that supply fluorinated greenhouse gases to individuals or companies that do not have the relevant certificate or attestation issued pursuant to articles 7, 8, 9 and 13 of the decree of the President of the Republic, n. 146 of 2018, for the activities referred to in Article 11, paragraph 4, of Regulation (EU) no. 517/2014, regardless of the sales methods used, are punished with a pecuniary administrative sanction from € 1.000,00 to € 50.000,00.
  1. Natural persons or companies that purchase fluorinated greenhouse gases for the activities referred to in Article 11 (4) of Regulation (EU) no. 517/2014, regardless of the sales methods used, without being in possession of the relevant certificate or attestation issued pursuant to articles 7, 8, 9 and 13 of the decree of the President of the Republic n. 146 of 2018, are punished with a pecuniary administrative sanction from € 1.000,00 to € 50.000,00.
  1. Companies that supply non-hermetically sealed equipment containing fluorinated greenhouse gases to end users, regardless of the sales method used, without acquiring the declaration of the purchaser referred to in Article 16, paragraph 3, letter d), of the President's decree of the Republic n. 146 of 2018, are punished with a pecuniary administrative sanction from € 1.000,00 to € 50.000,00.
  1. Companies that supply fluorinated greenhouse gases for the activities referred to in Article 11 (4) of Regulation (EU) no. 517/2014, regardless of the sales methods used, which do not include in the database referred to in article 16, of the Presidential Decree n. 146 of 2018, the information provided therein in paragraph 2, are punished with a pecuniary administrative sanction from € 500,00 to € 5.000,00.
  1. Companies that supply non-hermetically sealed equipment containing fluorinated greenhouse gases to end users, regardless of the sales methods used, which do not enter in the database referred to in article 16, of the decree of the President of the Republic no. 146 of 2018, the information provided therein in paragraph 3, are punished with a pecuniary administrative sanction from € 500,00 to € 5.000,00.

Art. 10 - Violation of the obligations established by Article 12 of Regulation (EU) no. 517/2014 on labeling and information on products and equipment

  1. Anyone who places on the market the products and equipment referred to in Article 12, paragraphs 1, 2 and 5 of Regulation (EU) no. 517/2014, as well as the fluorinated greenhouse gases referred to in article 12, paragraphs from 6 to 12, not labeled according to the provisions and procedures of the same article, is punished with a fine of 5.000,00 euros per 50.000,00 euros.
  1. The same sanction is applied in the event that the label does not comply with the format referred to in the Implementing Regulation (EU) 2015/2068 and the provisions of Article 19 of the Decree of the President of the Republic, n. 146 of 2018.

Art. 11 - Violation of the obligations established by Article 13 of Regulation (EU) no. 517/2014 on the control of use

  1. Anyone who uses sulfur hexafluoride for the activities referred to in Article 13, paragraphs 1 and 2, of Regulation (EU) no. 517/2014, is punished with imprisonment from three months to nine months or with a fine from € 50.000,00 to € 150.000,00.
  1. Anyone who violates the prohibition referred to in Article 13 (3) of Regulation (EU) no. 517/2014, is punished with a pecuniary administrative sanction from € 10.000,00 to € 100.000,00.

 

Art. 12 - Violation of the obligations established by Article 14 of Regulation (EU) no. 517/2014 on the preloading of equipment with hydrofluorocarbons

  1. Anyone who places on the market refrigeration and air conditioning equipment and heat pumps loaded with hydrofluorocarbons, without being in possession of the authorizations referred to in Article 18 (2) of the Regulation, is punished with a pecuniary administrative sanction of 50.000,00, 150.000,00 euros to XNUMX euros.
  1. Anyone who places on the market refrigeration and air conditioning equipment and heat pumps loaded with hydrofluorocarbons, without submitting the declaration of conformity drawn up according to the procedures set out in the Implementing Regulation (EU) 2016/879, is punished with an administrative sanction. pecuniary from € 5.000,00 to € 50.000,00.

Art. 13 - Violation of the obligations established by articles 15, 16 and 18 of regulation (EU) no. 517/2014 on the reduction of the quantity of hydrofluorocarbons placed on the market, the allocation of quotas, the transfer of quotas and authorizations for the use of quotas

 

  1. Producers and importers, or the only representative who has received the mandate from a manufacturer or an importer, who place on the market a quantity of hydrofluorocarbons, also contained in premixed polyol, without having obtained the assignment of the respective quota pursuant to Article 16 of Regulation (EU) no. 517/2014, are punished with imprisonment from three months to nine months or with a fine from € 50.000,00 to € 150.000,00.
  1. Producers and importers, or the only representative who has received the mandate from a manufacturer or an importer, who place on the market a quantity of hydrofluorocarbons, also contained in premixed polyol, without having obtained the transfer of a quota pursuant to Article 18, paragraph 1, of regulation (EU) no. 517/2014, are punished with imprisonment from three months to nine months or with a fine from € 50.000,00 to € 150.000,00.
  1. Producers and importers, or the only representative who has received the mandate from a manufacturer or an importer, who place on the market hydrofluorocarbons, including those contained in premixed polyol, in quantities greater than that assigned pursuant to Article 16 (5), of the regulation (EU) no. 517/2014, or in quantities greater than that transferred pursuant to article 18, paragraph 1, of the same regulation, are punished with a pecuniary administrative sanction from € 50.000,00 to € 150.000,00.
  1. The sanctions referred to in paragraphs 1 and 3 do not apply to producers and importers, or to the only representative who has received the mandate from a manufacturer or an importer, in the cases referred to in Article 15, paragraph 2, of the (EU ) n. 517/2014.

Art. 14 - Violation of the obligations established by Article 17 of Regulation (EU) no. 517/2014 on registration in the electronic register of quotas for the marketing of hydrofluorocarbons

  1. Producers and importers, i.e. the only representative who has received the mandate from a producer or importer, who supply hydrofluorocarbons for the purposes referred to in Article 15 (2), second subparagraph, letters a) to f) of the Regulation ( UE) n. 517/2014 without registering pursuant to article 17 of regulation (EU) no. 517/2014, are punished with a pecuniary administrative sanction from € 5.000,00 to € 50.000,00.
  1. The same sanction applies to companies that receive hydrofluorocarbons for the purposes referred to in Article 15, paragraph 2, second subparagraph, letters a) to f) of Regulation (EU) no. 517/2014 without registering pursuant to article 17 of regulation (EU) no. 517/2014.
  1. Equipment importers who place pre-charged equipment on the market that contain non-marketed hydrochlorofluorocarbons prior to charging such equipment without register pursuant to Article 17 of Regulation (EU) no. 517/2014, are punished with a pecuniary administrative sanction from € 5.000,00 to € 50.000,00.
  1. For the purposes of registration in the electronic register of quotas for the placing on the market of hydrofluorocarbons, referred to in Article 17, paragraph 1, of Regulation (EU) no. 517/2014, companies that do not provide the European Commission with the information required by the Implementing Regulation (EU) 2019/661, are punished with a pecuniary administrative sanction ranging from € 5.000,00 to € 50.000,00.

Art. 15 - Violation of the obligations established by Article 19 of Regulation (EU) no. 517/2014 concerning communications on production, import, export, use as raw material and the destruction of the substances listed in Annexes I and II of the Regulation

  1. The producer, the importer, or the only representative who has received the mandate from a producer or an importer, and the exporter who does not comply with the obligations referred to in the communication referred to in Article 19 (1) of Regulation (EU) n. 517/2014, is punished with a pecuniary administrative sanction from € 1.000,00 to € 10.000,00.
  1. A company that destroyed, in the previous calendar year, one metric ton or 1000 tons of CO2 equivalent or more of fluorinated greenhouse gases and other gases listed in Annex II of Regulation (EU) no. 517/2014, which does not comply with the communication obligations referred to in Article 19, paragraph 2, of Regulation (EU) no. 517/2014, is punished with a pecuniary administrative sanction from € 1.000,00 to € 10.000,00.
  1. The company that used as raw material, in the previous calendar year, 1000 tons of CO2 equivalent or more of fluorinated greenhouse gases and other gases referred to in Annex II of Regulation (EU) no. 517/2014, which does not comply with the communication obligations referred to in Article 19, paragraph 3, of Regulation (EU) no. 517/2014, is punished with a pecuniary administrative sanction from € 1.000,00 to € 10.000,00.
  1. The company that places on the market products and equipment containing 500 tons of CO2 equivalent or more of fluorinated greenhouse gases and other gases referred to in Annex II of Regulation (EU) no. 517/2014, which does not comply with the communication obligations referred to in article 19, paragraph 4, of the regulation (EU) no. 517/2014, is punished with a pecuniary administrative sanction from € 1.000,00 to € 10.000,00.
  1. The producer, the importer, i.e. the only representative who has received the mandate from a producer or importer, and the exporter who has placed on the market at least 10.000 tonnes of CO2 equivalent of hydrofluorocarbons in the previous calendar year, which does not verifies the accuracy of the data communicated to the European Commission pursuant to article 19, paragraph 1, of regulation (EU) no. 517/2014 by an independent control body, is punished with a pecuniary administrative sanction from € 500,00 to € 5.000,00.
  1. The importer of equipment preloaded with hydrofluorocarbons referred to in Article 14, paragraph 2, second subparagraph, of Regulation (EU) no. 517/2014, that is the only representative who has received the mandate from an importer, who does not arrange to have the independent control of the accuracy of the documentation relating to the requirements set out therein and of the declaration of conformity referred to in the Implementing Regulation (EU) 2016/879, is punished with a pecuniary administrative sanction from € 500,00 to € 5.000,00.
  1. Anyone who transmits the information referred to in paragraphs 1, 2, 3 and 4, in an incomplete, inaccurate or otherwise non-compliant manner with the provisions of the Implementing Regulation (EU) no. 1191/2014 is punished with a pecuniary administrative sanction from € 500,00 to € 1.000,00.

Art. 16 - Procedure for applying sanctions

  1. The surveillance and assessment activity, for the purpose of imposing the administrative pecuniary sanctions provided for by this decree, is exercised, within the scope of their respective competences, by the Ministry of the Environment and the Protection of the Territory and the Sea, which makes use of the Carabinieri Command for Environmental Protection (CCTA), the Higher Institute for Environmental Protection and Research (ISPRA), the Regional Environmental Protection Agencies (ARPA), as well as the Customs and monopolies according to the procedures agreed with the competent national authority.
  1. The judicial police officers and agents may also proceed to ascertain the violations envisaged by this decree, within the scope of their respective competences.
  1. Pursuant to article 13, of the law of 24 November 1981, n. 689, the subjects referred to in paragraphs 1 and 2, for the purposes of ascertaining the violations of their respective competence, may take all the most useful information and proceed with inspections, surveys and any other technical operation, as well as' proceed with the precautionary seizure of products or equipment or substances, according to the powers attributed to them.
  1. Upon the outcome of the verification activities, the Ministry of the Environment and the Protection of the Territory and the Sea, after the notification to the interested party of the ascertained violation, sends the relative report to the territorially competent Prefect, for the purpose of imposing the administrative sanctions referred to to this decree, pursuant to article 17, paragraph 1, of law no. 689 of 1981.
  1. In the event of violations ascertained by the Customs and Monopolies Agency, the relevant sanctions are imposed by the offices of the Agency with territorial jurisdiction, pursuant to article 17, paragraph 1, of law no. 689 of 1981.
  1. The administrative authority with the order-injunction or the criminal judge with the sentence of conviction, depending on the seriousness of the violation, can order the administrative confiscation of the substance as it is or as contained in a product or equipment. Any destruction of the substance is carried out at the care and expense of the transgressor, in compliance with the regulations set out in the legislative decree 3 April 2006, n. 152.
  1. The reduced payment referred to in Article 16 of Law no. 689 of 1981.

Art. 17 - Proceeds from administrative pecuniary sanctions

  1. The proceeds of the administrative pecuniary sanctions for the violations referred to in article 16 are paid upon receipt of the state budget.

Art. 18 - Financial invariance clause

  1. This decree must not result in new or greater charges for public finance.
  1. The public subjects concerned carry out the activities envisaged by this decree with the human, financial and instrumental resources available under current legislation.

Art. 19 - Repeal

  1. The legislative decree of 5 March 2013, n. 26 is repealed. This decree, bearing the seal of the State, will be included in the Official Collection of the legislative acts of the Italian Republic. Anyone responsible is obliged to observe it and have it observed.

Given in Rome, on December 5, 2019

MATTARELLA

Conte, President of the Council of ministers

Amendola, Minister for Affairs Europeans

Bonafede, Minister of Justice

Costa, Minister of the Environment e

of the protection of the territory and of the sea

Seen, the Keeper of Seals: Bonafede

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