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1° Program Of Strategic Works (Law N. 443/2001)-Nodostradale Of Perugia: Section Madonna Del Piano-Corciano. (Resolution 150/2006).

Original Language Title: 1° Programma delle opere strategiche (legge n. 443/2001) - Nodostradale di Perugia: tratto Madonna del Piano-Corciano.(Deliberazione n. 150/2006).

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The INTERMINISTERIAL COMMITTEE FOR ECONOMIC PLANNING having regard to law No 443 December 21, 2001 (known as ' framework law '), which, under art. 1, ruled that the public and private infrastructure and strategic settlements and pre-eminent national interest, to be carried out for the modernization and development of the country, are identified by the Government through a programme formulated in accordance with the criteria and procedural instructions contained in the same article, leaving this Committee to approve, in the first application of the law, the above program by December 31, 2001; Having regard to Act 1° agosto 2002, n. 166, which, under art. 13, in addition to bring changes to the mentioned art. 1 of law No 443/2001 and to authorize commitment contract limits for the design and construction of the works included in the programme approved by this Committee, predicts that such interventions are included in general framework agreements between the Government and each region or autonomous province, for the purpose of coordination and joint execution of works; Having regard to the Legislative Decree of August 20, 2002, # 190, which implements art. 1 of that law No 443/2001, as amended and supplemented by Legislative Decree August 17, 2005, # 189, and then transfused in part II, title III, chapter IV of legislative decree April 12, 2006, # 163; Having regard, in particular, article. 1 of the quoted law No 443/2001, as amended by art. 13 of law No 166/2002, and art. 163 of Legislative Decree No. 163/2006, attributing the responsibility of the investigation and the helper function in the activities of this Committee at the Ministry of infrastructure and transport, which can purposely use appropriate "technical mission"; Having regard to the Decree of the President of the Republic June 8, 2001, # 327, bearing the single text of the laws and regulations on expropriation for public utility, as amended-amended-by Legislative Decree December 27, 2004, # 330; Visto l'art. 11 January 16, 2003, law No. 3 establishing a legal system in the field of public administration ' provisions ', according to which, with effect from 1 January 2003, all public investment project must have a unique project (CUP); Having regard to resolution No 121 December 21, 2001 (Official Gazette No 51/2002 S.O.), with which this Committee, under repeatedly invoked art. 1 of law No. 443/2001, approved the 1 St program of strategic works, that annex 1 includes, among the ' road and highway systems ' of heading «transverse corridors and Apennines ", the" knot of Perugia ", at a cost of 336 million; Having regard to resolution December 27, 2002, # 143 (Official Journal No 87/2003, errata in Official Gazette No. 140/2003), in which this Committee defined the system for the allocation of the CUP, which must be requested from the responsible party as referred to in point 1.4 of the resolution itself; Having regard to resolution July 25, 2003, # 63 (Official Gazette No. 248/2003), with which this Committee has formulated, inter alia, procedural guidelines regarding activities that support the Ministry of infrastructures and transport and is expected to perform for the purposes of supervision on the implementation of the interventions included in the 1° strategic infrastructure Program; Having regard to resolution No. 24 September 29, 2004 (Official Gazette No. 276/2004), with which this Committee has determined that the CUP must be marked on all administrative and accounting documents, paper and computer, public investment projects, and should be used in the databases of the various systems, however interested in these projects; Having regard to resolution April 6, 2006, # 130 (Official Gazette No 199/2006 S.O.), with which this Committee has made revisions to the 1° strategic infrastructure Program, in which is confirmed between the road and highway systems ' of heading «transverse corridors and Apennines ", the" knot of Perugia ", at a cost of 732 million; Having regard to the judgment September 25, 2003, # 303, with which the Constitutional Court, in considering the complaints made to the law # 443/2001 and implementing legislative decrees, you invoke the imprescindibilita ' of the agreement between the State and the region for the purpose of strategic infrastructure program as definitely ' interesting the territory, stressing that the agreement may also be after such a finding made unilaterally by the Government and stating that the activity carried out is not binding on the region until the agreement is not reached and the funds allocated to the work are considered ineffective until the agreement itself is not perfect; Having regard to the decree issued by the Minister of the Interior on March 14, 2003 in consultation with the Minister of Justice and Minister of infrastructure and transport, as supplemented by the Decree of June 8, 2004, with whom-in connection with the provisions of art. 15, paragraph 5, of the Legislative Decree n. 190/2002-the Coordination Committee has been set up for the high monitoring of major works; Having regard to the note November 5, 2004, n. Com/3001/1, by which the Coordinator of predicted high surveillance Coordination Committee works great exposes the guidelines adopted by the Committee at its meeting of October 27, 2004; Having regard to the note October 27, 2006, n. 15981, integrated with sheet November 14, 2006, n. 16682, whereby the Ministry of infrastructure has transmitted the preliminary report on the preliminary draft of the "junction of Perugia-Madonna del Piano-Corciano», proposing the approval, with prescriptions and recommendations; Whereas this Committee has given programmatic financial framework contained in annex 1 character of the said resolution No. 121/2001, reserving the right to proceed after the recognition of the different sources of funding available for each intervention; Given that the above action is included in the General Framework Agreement between the Government and the region of Umbria, signed on October 24, 2002, under the heading ' room at the road junction of Perugia: section Collestrada-Corciano»; Considering that, by resolution August 3, 2005, n. 120, this Committee approved with prescriptions and recommendations, the preliminary draft of the "knot of Perugia-variants to the S.G.C. and 45 in the Madonna del Piano-Collestrada and the Perugia-Bettolle highway in the Madonna del Piano-Corciano»; Considering that, in relation to certain remarks made by the Court of Auditors concerning the investigation on trafficking in Madonna del Piano-Collestrada and instructor at the request of the Ministry, the Secretary of this Committee has proceeded to the withdrawal of that resolution; Given that the action Node of Perugia-variants to the S.G.C. And 45 in the Madonna del Piano-Collestrada and the Perugia-Bettolle highway in the Madonna del Piano-Corciano» hacked at a cost of 732.430 million, 2003-2005 in the master agreement between the Ministry of infrastructure and transport and ANAS S.p.a., on which this Committee has issued a favourable opinion by resolution May 27, 2005, # 72; Considering that following the request made by ANAS S.p.a., in compliance with point 1.4 of the abovementioned resolution No 143/2002, to the assistance in question was awarded the CUP F12C05000080001 on December 15, 2005; Having heard the report of the Minister of infrastructure; Acquired in the agreement of the Minister of economy and finance;
Takes note of the findings of the investigation by the Ministry of infrastructures, specifically: technically-procedural: that the entire project as ' knot of Perugia ", including work on examination, is of fundamental importance for the viability of sliding around the area of Perugia, as it allows you to separate local traffic flows from those regional and interregional crossing that hover over the node of Perugia where four particularly busy roads converge : the E45 Orte-Ravenna, the Perugia-Bettolle Highway, Perugia, Ancona and Perugia-Foligno-Flaminia;
that, in its entire development, intervention on the «Perugia» Node appears as one half of the ring road, southern and Western side, the area of Perugia;
It is formed on the South side, from the E45 Highway between the locality Madonna del Piano, near the junction of Montebello, and the junction of Collestrada, for a total length of about 7 km, and, on the Western side, from the Perugia-Bettolle Highway junction E45 up to Madonna del Piano di Corciano, for a total length of about 15.2 km;
that the proposal for approval at this stage concerns the single stroke Madonna del Piano-Corciano whose approval procedure is favorably concluded;
that for the variant in question was adopted the section provided for by order of the Minister of infrastructure and transport roads leading to November 5, 2001 belonging to category B, with a width of 22.00 m (2 lanes of roadway, flanked on the outside by 3.75 m to a dock of 1.75 m, and with traffic island from 3.50 m);
the project provides for the construction of 3 interchanges, at the beginning and end of the variant and one in the middle position, as well as of the following ancillary works deemed necessary for the best functional integration of new infrastructure: urban road category B slider which links the new exit for Perugia Settevalli hospital West-single pole «Saints» and a vast industrial and commercial area; secondary road of category C1 for the connection of the S.S. «220 Pievaiola» Perugia junction West-Settevalli;
that the preliminary draft-drawn up by the Umbria region and approved by the Board of Directors of ANAS on April 17, 2003-it was transmitted, with BOTH, with note June 5, 2003, n. 01551, and subsequent supplementary sheet June 27, 2003, n. 01780, from ANAS al Ministry of infrastructure and transport, region and other competent administrations and institutions manage interferences;
that the publication of the opening of the procedure of environmental compatibility request was made through advertisement in a national newspaper, dated March 12, 2003, and on a local character, on March 10, 2003;
the region of Umbria, by resolution November 10, 2004, # 1723, gave a favourable opinion on the draft, formulating environmental and urban-territorial requirements where the awarding authority must follow the steps in the phase of final design;
the Ministry for cultural heritage and activities, with note January 20, 2005, n. St/407/1470, has delivered a favourable opinion with prescriptions on the project in General, with a negative opinion on the only stretch of secondary road linking the planned junction to the Silvestrini hospital and the area south of Castel del Piano;
the Ministry of environment and territory expressed, with note May 6, 2005, n. 2005/GAB/4148/B05, favorable opinion, with prescriptions, about the project, for which the investigation stage had demanded some additions and variants which have been the subject of further publication;
the Ministry of infrastructure has the approval of the preliminary draft on the cited is Madonna del Piano-Corciano with the deletion of the complementary work of connection between the planned junction to the Silvestrini hospital and the area south of Castel del Piano and brings back, in a special appendix to the preliminary report, the requirements and recommendations to formulate in approving the preliminary draft; implementation aspects: that's the awarding authority ANAS S.p.a.; under the financial aspect: that the total amount of the entire intervention «Perugia» node as described in the introduction, originally amounted to 511 million, and has been restated as a result of additions and variations required by the Ministry of environment and protection of land in 732.432 million;
that the total amount of the stroke concerned Corciano-Madonna del Piano, as specified by the Ministry instructor with the note # 16682 cited in the introduction, it amounted to 510.808 million including 24.057 million for ancillary works;
that ancillary works as specified by the said Ministry with the same footnote. 16682, following the quoted excerpt from the link between the planned junction to the Silvestrini hospital and the area south of Castel del Piano include only ' Variant Pievaiola»;
the Ministry of infrastructure has made it clear that the financing of the intervention can be identified in the programme contract ANAS and in resources allocated to the implementation of the "objective law";
Resolution: 1. Preliminary project approval. 1.1. Within the meaning and for the purposes of articles 165 and 183 of Legislative Decree No. 163/2006 and art. 10 of the Decree of the President of the Republic June 8, 2001, n. 327 and s.m., is approved, with the guidance and recommendations proposed by the Ministry of infrastructure, including for the purpose of the certificate of environmental compatibility and affix the constraint preordained expropriation to the affected areas, the preliminary draft of the "knot of Perugia-Perugia/motorway A1 variation from Madonna del Piano at Corciano, with the deletion of the complementary work of connection between the planned junction to the Silvestrini hospital and the area south of Castel del Piano». It is therefore improved, urban and housing at the end of each, the agreement between the State and the region concerned about the location of the work. 1.2. for the purposes of art. 165, paragraph 3, of Legislative Decree No. 163/2006, the amount of 510.808 million mentioned above, including the amount for the building work "Variant Pievaiola", is the spending limit of the intervention to achieve and that's inclusive of charges for environmental mitigation works. 1.3. the requirements referred to in point 1.1, which is conditional approval of the project and to be developed in the final design, are set out in part 1 of the annex, which forms an integral part of this resolution. The recommendations proposed by the Ministry of infrastructure are given in part 2 of that annex. The awarding authority considers that it could not follow up on some of those recommendations, will provide timely motivation in this respect so as to allow the mentioned Ministry to express their assessments and to propose to the Committee, where appropriate, alternative measures. 2. General provisions. 2.1. The Ministry of infrastructure will ensure, on behalf of this Committee, document retention components the preliminary draft of the speech approved by this resolution. 2.2. When examining the final design, the Ministry will provide verification of compliance referred to in point 1.3, without prejudice to the competence of the Commission checks on. 2.3. The same Ministry will perform support activities designed to allow this Committee to carry out the tasks of supervising the execution of works assigned to it by the legislation cited above, taking into account the indications pursuant to resolution # 63/2003 above. 2.4. This Committee reserves, pending approval of the final draft of the opera and in adherence to the requests represented in the aforementioned note by the Coordinator of the Coordination Committee for the high monitoring of major works, to dictate requirements aimed at making more stringent antimafia checks, providing for-among other things-information capture anti-mafia even against any sub-contractors and sub-subcontractors, regardless of amount of work as well as monitoring during the making of the work. 2.5. The unique project (CUP) assigned to the project in question, in accordance with resolution # 24/2004 going to be highlighted in the administrative and accounting documentation concerning the action node of Perugia».
Rome, November 17, 2006 the President-delegate Padoa Schioppa the Secretary of CIPE Hunchback Recorded the Court of Auditors on March 6, 2007 Financial Ministries control Office, registry # 1 economy and finances, sheet # 333