The INTERMINISTERIAL COMMITTEE FOR ECONOMIC PLANNING having regard to act December 21, 2001 # 443, c.d. "objective law", and subsequent amendments, which, in 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 the Legislative Decree n. 190 August 20, 2002, and subsequent amendments and additions, which implements art. 1 of that law No. 443/2001; 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. 2 of Legislative Decree No 190/2002 that attribute the responsibility of 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 and subsequent amendments and additions, containing the consolidated text of laws and regulations relating to expropriation for public utility; Having regard to law no 289 December 27, 2002 (budget 2003), which, in articles 60 and 61, the establishment, at the Ministry of economy and finance, the Fund under-utilised areas (FAS), to be committed by this Committee with relevant resolutions adopted on the basis of the criteria indicated in paragraph 3 of the same article. 61, providing for the possibility of a different allocation of resources; 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); Visto l'art. 4 December 24, 2003, law No. 350, (budget 2004) and visas in particular: \bullet subsection 128 refinancing on FAS;
\bullet paragraph 130 that partial amendment of art. 60 of law No. 289/2002, in order to accelerate and boost spending and support for the economic cycle, has that it can be made a different resource allocation for underused areas, including by moving resources from interventions with diluted over time spending skills interventions can produce an anticipation thereof; 134 paragraphs \bullet et seq, under which, the demand for resource assignment to this Committee, to the strategic infrastructures that present a potential economic returns arising from management and are not included in the financial plans of dealerships and in its future additional acts, shall be accompanied by a cost-benefit analysis and a business plan, drawn up according to the schema type approved by this Committee; Having regard to article 5, paragraph 1, and 8, paragraph 6, of Decree-Law No March 14, 2005. 35, converted, with amendments, by law May 14, 2005, n. 80, under which this Committee is financing of priority interventions included in the program for strategic infrastructure, selected according to the principles adopted in its resolution September 29, 2004, n. 21; 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 resolution No 121 December 21, 2001 (Official Gazette No. 51/2002 ordinary supplement), with which this Committee, under repeatedly invoked art. 1 of law No 443/2001, approved the first strategic infrastructure program, that annex 3 includes, as part of the water crisis in the region of Calabria, the "completion of water scheme on the dam on the river Mint '; Having regard to the resolutions of the December 27, 2002, # 143 (Official Gazette No. 87/2003) and September 29, 2004, # 24 (Official Gazette No. 276/2004), with which this Committee, in accordance with art. 11 January 16, 2003, law # 3, respectively, defined the system for the allocation of the CUP and ruled that the CUP must be marked on all administrative and accounting documents about public investment projects, and should be used in the databases concerned with these projects; 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 first schedule of the strategic infrastructure; Having regard to resolution No. 11 May 27, 2004 (Official Gazette No. 230/2004), with which this Committee approved the schema type of the business plan, within the meaning of the said art. 4, paragraph 140, of law no 350/2003; Having regard to resolution No 19 September 29, 2004 (Official Gazette No. 254/2004), with which this Committee has allocated resources for the under-utilised areas come from the law # 350/2003 and subsequent modifications and integrations, reserving, in paragraph 2.1 of the ' heavy table», f. 1,130 Meuro to the acceleration of strategic infrastructure program; Having regard to resolution No 21 September 29, 2004 (Official Gazette No. 275/2004), with which this Committee has finalized the 1,130 Million referred to in the mentioned step F. 2.1 of resolution No. 19/2004-net of 23 M euros for the incentive '-and further 200 Meuro, made available by the Ministry of infrastructure and transport to bring resources from the law # 350/2003 for the refinancing of art. 13 of law No 166/2002, to cover the speeches included in Annex A list according to the order of ranking, which includes in paragraph 12 the action: water on the dam of schema Complete torrent Mint: conducted 3° purification and distribution lot '; Having regard to resolution 29 September 2004, n. 49 (Official Gazette No 58/2005) with which this Committee, pursuant to art. 4 and art. 16 of Legislative Decree 190/2002, approved the final design of the water of the dam on schema Complete Mint-1° lotto-intake works, Gallery and piezometric well», in the amount of 23,240,560.00 euros, giving the region a total amount of 23,240,560.00 euros in terms of investment volume and establishing also that the financial plan and the subsequent batches going to take account of the entire water scheme indenting of mint, including the hydroelectric plant; Having regard to resolution July 29, 2005 # 98, which finalized the remaining former occupancies shall act 21/2004 to funding assistance placed in positions after the eleventh of Annex A of that resolution 21/2004, establishing, also in paragraph 2.2, that submission to this Committee within the month of October 2005, on pain of loss of financial availability , and foreseeing that the allocation of resources to individual interventions is prepared by this Committee with resolutions adopted under law No 443/2001, setting out, among other things, the maximum period for the award of the works, after which the intervention means de-financed, as well as timing and modalities of disbursements; Having regard to decision No. 303 of September 25, 2003 by 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 could also be after such a finding made unilaterally by the Government and by specifying that the funds allocated to the work shall be deemed ineffective until the agreement is not perfect; Having regard to the note # 1 of November 5, 2004, COM/3001/with 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 No. 510 of October 26, 2005, whereby the Ministry of infrastructure and transport has sent, inter alia, water schemes of Calabria, the preliminary report on the preliminary draft "Completing water on the dam of schema torrent Mint-hydro-electric penstock-downstream of the hydroelectric works-intake works from invaded the river Mint» together with the financial plan for the entire water scheme of mint, offering online technical project approval of the work, with prescriptions and recommendations, and the allocation of funding from the availability of the Fund for underused areas, intake works for the part corresponding to the amount of 79,654,657.76 euros VAT included; 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; Considered that the work mentioned above is included in the General Framework Agreement between the Government and the region of Calabria, signed on May 16, 2002; Considered that the following expenditure profile "», for the assistance in question, in that Annex A of decision 21/2004 should be updated in order to allow for proper implementation of the reserve premiale; Given that the profile of the assistance in question has been updated, as can be seen from the technical investigation conducted by UVER, acquired for the purpose of determining adopted at its meeting of July 21, 2005-ministerial technical Committee for acceleration, former resolution No. 21/2004, point 2; The report of the Minister of infrastructure and transportation; Acquired in the agreement of the Minister of economy and finance;
Notes 1) of the findings of the investigation by the Ministry of infrastructure and transport, and in particular that: technically-will be realized in particular procedural: 9,260 m long penstock, of which 440 m laid in tunnels and the remainder placed in the trenches. Steel, your conduct in the gallery a DN 7 mm thick, 1,400 in the basement some 6,000 m of DN 900 with 8.8 mm and approximately 2,800 m of the DN 800 with 22.2 mm thickness. Technically it's possible an alternative solution, with lower environmental impact and save money on expropriation, which provides, to progressive 8,374.70, a vertical shaft height 2.00 m inner diameter of about 400 m, within which to insert the duct DN 800 steel incorporated into a concrete coating. At the foot of the well the conduct continues for about 700 m. laid in tunnels;
a hydroelectric power station that will host a Pelton turbine jets, with maximum capacity of 2.5 cubic meters per second and 22.6 MW power, with its executive team and services. In the machinery space with hypocrisy that valves are planned, through a channel to free surface, will download in a bathtub, with a spillway, which departs adductor tubing up to the basin of demodulation. For connection to the electricity grid and is expected to raise the machine to the mains voltage via a three-phase transformer with a power of 25 MVA and the connection will be made to the above 150 KV line;
intake works consist of: a) a tank of 50,000 cubic meters capacity demodulation, with the function of ensuring delivery of drinking;
b) a drinking water plant, designed to treat an average flow of 1,200 l/sec., with downstream from a reservoir of capacity of 10,000 cubic meters for the storage of treated water;
c) the main supply duct, which reaches a divider from which branch off the main channel's North, two other Terminal tank water pipelines in Villa San Giovanni, and adductor South until a tank on the southern border of the municipality of Reggio Calabria for a total of 35 km. Main distribution ducts branch off from the abductor, for total of 30 km, which feed some reservoirs serving different areas of the territory. It involves the construction of three new tanks over the power of existing tanks, with necessities to some recovery for works. All pipelines are planned in ductile iron with variable diameters from DN 1,400 to DN 400.
the Special Committee has expressed a positive opinion on May 10, 2005 AWAY with prescriptions;
provincial coordination of Reggio Calabria State Forestry Corps has delivered a favourable opinion with 5930 note of September 24, 2005;
the Ministry of cultural heritage and activities-Soprintendenza di Cosenza has delivered a favourable opinion with note 3265/P on January 24, 2005;
the President of the Calabria region, captured the opinions of the municipalities of Reggio Calabria and Campo Calabro interested works downstream of the hydroelectric plant, has delivered a favourable opinion on the location, pursuant to art. 3 of Legislative Decree No 190/2002;
the President of the Calabria region, captured the opinions of the municipalities of Reggio Calabria and of Cardeto interested in works of the penstock and the hydroelectric plant, has delivered a favourable opinion on the location, pursuant to art. 3 of Legislative Decree No 190/2002;
the following have been counted interference: Telecom, SCM, Anas, Enel Distribuzione, municipalities of Reggio Calabria, Campo Calabro and Carded and province of Reggio Calabria;
the public works Department of the region of Calabria, with 1296 note of October 18, 2005 reported that at its meeting of September 28, 2005 the COTER felt project worthy of approval, no prescriptions; Executive viewpoint: the awarding authority is located, with note of Calabria n. 271 S.P. of November 11, 2002, public works and water Department 6°-integrated water resources Management in the same region;
pursuant to resolution # 143/2002, the project in question was awarded the CUP J94E04000010001;
have been prepared by the Ministry of infrastructures and transports the prescriptions and recommendations in annex 1; under the financial aspect: the total cost of the proposed intervention is 100,194,245.28 euro (including VAT), of which 20,539,587.52 euro (including VAT) for the works of hydropower and penstock and 79,654,657.76 euro (including VAT) for intake works;
the region Calabria has entrusted the management and implementation of water resources engineering of regional interest to Sorical S.p.a.;
in the context of the Convention region-Sorical, and in particular the delibera di giunta regionale 91/2005 which approved the investment plan and charges-first program 2005-2009, the contribution of Sorical, under the diagram of mint, corresponds to the cost of construction of the power station and the penstock, provided for in the financial plan for the amount of 20,539,587.52 euro;
the share corresponding to the construction of the central supply, amounted to 79,654,657.76 euro, it was laid to the charge of public finance;
the summary of the economic and financial plan, attached to the investigation report of the Ministry of infrastructure and transport, while showing the work on topic a "potential financial return», experiencing poor profitability management and a limited chance of attracting private funding; 2) of considerations on financial profiles carried out by development and cohesion policy Department of the Ministry of economy and finance, who notes that: the grant application is not exhaustively defined for a satisfactory assessment of the financial request, grounds, therefore, useful and timely preparation of a business plan, more articulated;
Resolution: 1. Preliminary project approval 1.1. Within the meaning and for the purposes of art. 3 of Legislative Decree 190/2002, as well as in accordance with art. 10 of the Decree of the President of the Republic No 327/2001, as amended by Legislative Decree No. 302/2002, it's approved-with the prescriptions and recommendations proposed by the Ministry of infrastructure and transport-also for the recognition of the environmental compatibility of the opera and affixing constraint preordained expropriation for goods that fall in the areas concerned, the preliminary draft of the "completion of water scheme on the dam of the river Mint», divided into" downstream of the hydroelectric Works» and «penstock and hydro» , for a total amount of 100,194,245.28 euros (including VAT), of which 20,539,587.52 euro (including VAT) for the works of the penstock and the hydroelectric plant, borne by the awarding authority, and 79,654,657.76 euro (including VAT) for intake works downstream of the central public finance. It is therefore improved, urban and housing at the end of each, the State-region Agreement on the location of the work itself. 1.2. for the purposes of art. 3, paragraph 3, of Legislative Decree No. 190/2002, the amount of 100,194,245.28 euros above constitutes the spending limits of the intervention to be implemented. 1.3. the requirements referred to in point 1.1, which is conditional on the approval of the project, are given in part 1 of annex 1, which forms an integral part of this resolution, and are divided between the requirements to be implemented in the final planning and requirements to be implemented in phases and exercise. The recommendations mentioned in paragraph 1.1 are presented in part 2 of that annex 1, which forms an integral part of this resolution. The awarding authority considers that it could not follow up some of those recommendations, will provide timely motivation in this respect so as to allow the Ministry of infrastructure and transport to express their assessments and to propose to the Committee, where appropriate, alternative measures. 2. Grant contribution 2.1. For the realization of the work referred to in point 1.1 is assigned to the region Calabria a maximum contribution of 79,654,657.76 euros, including VAT, drains on availability of the Fund for underused areas as follows: 22,874,657.76 euro drains on availability related to 2006; 56,780,000.00 euro drains on availability related to 2007. 2.2. The final contribution will be determined by the maximum amount indicated in point 2.1, the Ministry of infrastructure and transport in relation to the results of the competition for the award of the execution of the operations. To this end, the awarding authority will transmit to the said Ministry, within 15 days from the date of final adjudication of the work, the new economic framework. The Ministry of infrastructure and transport will communicate to the Committee the full extent of the contribution as above quantified. The economies made on FAS contribution will be allocated from this Committee to funding assistance included in annex 1 of resolution No. 98/2005 and with the modalities laid down in point 3 thereof. 2.3. The awarding authority, analytical scheme provided for by part II of the annex to its resolution 11/2004, will present, in approving the final design, an updated and more articulated economic-financial plan, which will be assessed by this Committee for confirmation or redetermination of maximum contribution referred to in point 2.1. 2.4. The deadline for approval of the final plan, taking into account the time elapsed since the presentation of the report by UVER mentioned in the introduction, it is fixed at 6 months from the date of its publication in the official journal of the present resolution. Also the maximum period for the award of works, taking into account the aforementioned time period, is scheduled to begin in four months from the date of its publication in the official journal of the resolution to approve the final design. In the event of failure to comply with these terms the intervention means de-financed. 2.5. the fee referred to in paragraph 2.2 will be paid to the awarding authority, depending on the availability of cash and within the limits specified in paragraph called annual amounts, according to the following modalities: 20% which anticipation upon assignment of jobs, point 1.1.4 of the abovementioned resolution No 21/2004; 25% on Declaration of the person responsible of the procedure (or) of the utilization of 80% than anticipated; 25% to 80% utilization of RUP that statement than anticipated from the previous two installments;
25% to 80% utilization of RUP that statement than anticipated with the previous three installments;
5% on completion of the Declaration of RUP including inspection tasks of the work. 3. General provisions 3.1. The Ministry of infrastructure and transport will ensure, on behalf of this Committee, the keeping of documents relating to the preliminary draft of action: water on the dam of schema Complete torrent Mint-hydro-electric penstock-downstream of the hydroelectric works-intake works from invaded the river Mint» approved by this resolution. 3.2. The Ministry will ensure that the final draft implementing provisions that, as indicated in the annex, shall be incorporated in the planning stage. The awarding authority will verify that, at stages following the approval of the final plan, the implementation of the other requirements set out in that annex, providing insurance at the Ministry of infrastructure and transport. 3.3. The Ministry will ensure that the final design includes, among the information made available, the development of a business plan, complete the initiative, drawn up in accordance with the methodological criteria and prospects of calculation approved by this Committee at its meeting of May 27, 2004, and set out in the annex to the CIPE n. 11/2004. 3.4. 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. 3.5. 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 implementation of the same. 3.6. for the purposes of the reserve premiale, required by decision 21/2004, the spending profile is updated as follows: 2006:21 million euro;
2007:20 million euros. 3.7. Any delays and difficulties in the realization of the work will be highlighted in the regular report that the UVER, based on information provided by mission technical structure of the Ministry of infrastructure and transport and other information acquired independently, shall forward it to the former technical point 2 of the resolution # 21/2004 that every six months relates to CIPE pursuant to clause 6.1 of the resolution # 98/2005. 3.8. The CUP J94E04000010001 assigned to the project in question, in accordance with resolution No. 24/2004, will be highlighted throughout the administrative and accounting documentation concerning the intervention under investigation.
Rome, December 2, 2005 President: Tremonti Secretary of CIPE: Molgora Recorded the Court of Auditors on July 3, 2006 financial Ministries control Office, registry # 4 economics and finances, sheet # 323