Annual Report on Corporate Governance (February ... - FIAT Industrial

OFFENCES RELATING TO POLLUTION CAUSED BY SHIPS
n Wilful pollution (Article 8 of the Legislative Decree 202/2007)
1. Unless the act constitutes a more serious offence, and, where the violation has occurred with their complicity and has
wilfully contravened the provisions of Article 4, the Captain of the ship, regardless of the flag that the ship is flying, as well
as the members of the crew, the shipowner and the shipping company are subject to the punishment of detention from
six months to two years and a fine ranging from 10.000 euro to 50.000 euro.
2. If the violation, referred to in paragraph 1, causes permanent damage or, nevertheless, of a particularly serious nature, to
the quality of the waters, an animal or vegetable species or to a part thereof, the applicable punishment is detention from
one to three years and a fine ranging from 10.000 euro to 80.000 euro.
3. The damage is to be considered particularly serious when the elimination of its consequences are of an exceptionally
complex nature from a technical point of view, that is, very onerous or achievable only with exceptional measures.
n Culpable pollution (Article 9 of the Legislative Decree 202/2007)
1. Unless the act constitutes a more serious offence, and, where the violation has occurred with their complicity and has
negligently contravened the provisions of Article 4, the Captain of the ship, regardless of the flag that the ship is flying, as
well as the members of the crew, the shipowner and the shipping company are subject to the punishment of detention
from six months to two years and a fine ranging from 10.000 euro to 50.000 euro.
2. If the violation, referred to in paragraph 1, causes permanent damage or, nevertheless, of a particularly serious nature, to
the quality of the waters, an animal or vegetable species or to a part thereof, the applicable punishment is detention from
one to three years and a fine ranging from 10.000 euro to 80.000 euro.
3. The damage is to be considered particularly serious when the elimination of its consequences are of an exceptionally
complex nature from a technical point of view, that is, very onerous or achievable only with exceptional measures.
n Sanctions to be borne by the Entity as per Legislative Decree 121/2011
Monetary sanctions are envisaged with regard to all such events where the responsibility lies with the Entity. The delegated
legislator has determined three levels of seriousness, as set out below:
– monetary sanctions ranging from 150 to 250 quotas for offences punished with imprisonment of up to two years or
punished with detention of up to two years;
– monetary sanctions of up to 250 quotas for offences punished with a fine or punished with detention of up to one year,
or punished with detention of up to two years (concurrently with the fine);
– monetary sanctions ranging from 200 to 300 quotas for offences punished with imprisonment of up to three years or
punished with detention of up to three years.
An exception to the above defined scale is made by Article 260, paragraph 1, of Legislative Decree 152/2006 (Consolidated
Environmental Protection Act), which envisages a more severe sanctionary procedure, as may be seen below, in regard
to the organised activity for the illegal traffic of refuse:
– monetary sanctions ranging from 300 to 500 quotas.
The application of the interdictory sanctions – as per Article 9, paragraph 2, of the Legislative Degree 231/01 – in regard
to a legal entity, is exclusively foreseen in the following cases:
1) Article 137, paragraphs 2, 5 second clause, and 11 of the Legislative Decree 152/2006;
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