Decree of the Ministry of Infrastructure and Transport
February 15, 2012
Having regard to art. 3 paragraphs 8 and 9 letter h) of the Legislative Decree 138/2011, converted into Law 148/2011 and art. 34 letter f) of the Legislative Decree 201/2011 converted into Law 214/2011, which have repealed provisions related to the imposition of minimum prices or fees on the supply of goods and services;
Given that were therefore repealed the provisions of Art 16 of Law 135/1977, as amended by Art.1, paragraph 62 of Law 549/1995, which gives power to the Ministry of Infrastructures and Transport to determine tariffs for performances given by shipping agents, and the Ministerial Decree on February 11th, 2011, which set out the a.m. tariffs for the years 2011-2012, excluding Art. No. 30;
Given that the provision of Art.16 of Law 135/1977, as amended by Art. 1, paragraph 62 of Law 549/1995, still remains and gives power to the Ministry of Infrastructure and Transport to determine the percentage of fees that shipping agents shall pay to the Fondo per Agenti Marittimi ed Aerei (Fund for shipping and flight agents), and Art. 30 of the Ministerial Decree on 11 February 2011 implementing the a.m. provision;
Having considered necessary to adapt the provision of Art. 30 of the Ministerial Decree of 11 February 2011 to the new rules.
ADOPTS THE FOLLOWING DECREE
Art.1 – 4% (four per cent) of amounts received, excluding those indicated in percentage of freight or passenger tickets; the a.m. percentage shall be paid by the shipping agent to the Fondo per Agenti Marittimi ed Aerei, in favour of sole proprietor businesses, of Directors of companies having maritime and shipping agency as their activity, of Representatives of such firms or companies, provided that they are not already registered to any other mandatory security institution, by law or by collective labour agreement.
15% (fifteen per cent) of amount received in the position of Directors and .Representatives of the a.m.companies shall be paid by those holding that office, to the Fondo per Agenti Marittimi ed Aerei.
2, 80% (two point eighty per cent) of amounts received, excluding those indicated in percentage of freight percentage or passenger tickets, shall be paid by the shipping agent to the Fondo per Agenti Marittimi ed Aerei, to draw-up an insurance policy to cover the third party liability, while acting as shipping agents, according to criteria and modalities set out by the Assembly of the Fund, and for other purposes laid down by the same Assembly, connected to and/or functional to the management of the Fund. ·
This Decree shall enter into force on February16th,2012, and repeals Art. 30 of the Ministerial Decree, dated February 11th, 2011.
Rome, February 15th, 2012