S.L. 545.15 · Biofuels And Bioliquids Market (S.L. 545.15)
S.L. 545.15 Art. 26Offences and penalties.
(1) Any person who -
(a) wilfully or through negligence acts in breach of any provision of these regulations;
(b) wilfully or through negligence breaches any condition listed in an authorisation issued under these regulations;
(c) carries out any activity requiring an authorisation in terms of these regulations without being in possession of a valid authorisation;
(d) fails to comply with any lawful order made by an inspector, employee or officer of the Regulator in the performance of his duties;
(e) hinders, obstructs, molests or interferes or attempts to hinder, obstruct, molest or interfere with the performance of the duties of any inspector, employee or officer of the Regulator;
(f) makes a declaration for any of the purposes of these regulations or an authorisation issued under these regulations which is false, misleading or incorrect in any material particular, shall be guilty of an offence against these regulations and shall, on conviction, be liable to imprisonment for not more than eighteen months or to a fine (multa) of not more than sixty-nine thousand euro (€69,000) or to one thousand three hundred euro (€1,300) for each day during which the offence persists, or to both such fine and imprisonment.
(2) The liability of an offender under sub-regulation (1) shall be without prejudice to the liability of the offender to pay to the Regulator any cost incurred in removing the cause of the offence and to undo anything which was done without an authorisation under these regulations.
(3) The Court, besides awarding the punishment referred to in this regulation, may order the convicted offenders to close their activity or to undo anything which was done without an authorisation, or both.
(4) In prosecutions for offences against these regulations, officials of the Regulator shall have the right to assist the Police, and to plead the case before the Court.
(5) Officers from the Regulator may assist the Police in the exercise of any of their powers to prevent the commission of an offence against these regulations or to secure evidence concerning any such offence.
(6) The Police are to secure evidence concerning any offence against these regulations.
(7) The provisions of these regulations shall not affect any criminal proceedings or any other proceedings that may be instituted under any other law.