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First Program Of Strategic Works (Law No. 443/2001) Schemiidrici Region Molise - Irrigation Of The Lower Molise With The Waters Deifiumi Biferno And Fortore - 1St Intervention -Funding Final Project. (Resolution No. 99/06).

Original Language Title: Primo programma delle opere strategiche (legge n. 443/2001) schemiidrici regione Molise - Irrigazione del Basso Molise con le acque deifiumi Biferno e Fortore - 1° Intervento progetto definitivo -Finanziamento. (Deliberazione n. 99/06).

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THE MINISTERIAL COMMITTEE FOR ECONOMIC PLANNING Having regard to Law 21 December 2001 n. 443, called "objective law", and as amended and supplemented, which, in art. 1, has determined that the public and private infrastructure and strategic installations and major national interest, to be carried out for the modernization and development of the country, they are identified by the government through a program formulated according to the criteria and procedural directions contained in that Article delegating to this Committee to approve, in the first application of the law, that program by 31 December 2001; Having regard to Act 1 August 2002, n. 166, which, in art. 13, in addition to bear changes to the mentioned art. 1 of Law no. 443/2001 authorizes the fifteen-commitment limits for the design and construction of the works included in the program approved by this Committee; Having regard to Legislative Decree 20 August 2002, n. 190, and subsequent amendments, implementing art. 1 of the mentioned law n. 443/2001; Visas, in particular, Article. 1 of Law no. 443/2001, as amended by art. 13 of Law no. 166/2002 and Article. 2 of Legislative Decree n. 190/2002 which attribute the responsibility 'of the investigation and function of support to the activities' of this Committee to the Ministry of Infrastructure and Transport, which can' in this regard to make use of a special "mission technical structure"; In view of art. 11 of the law 16 January 2003 n. 3, entitled 'Provisions regulated directions in the sphere of public administration ", according to which, as from 1 January 2003, each public investment project must be provided with a unique code of the project (CUP); In view of art. 4 of Law 24 December 2003 n. 350, and having regard in particular: paragraphs 134 and following, under which the request for allocation of resources to this Committee, for strategic infrastructure projects that have a potential economic return from operations and are not included in the financial plans of concessionaires and in the future additional documents, it must be accompanied by a cost-benefit analysis and a business plan prepared in the format type approved by this Committee; paragraph 177, and subsequent amendments and additions, which provides for details about the expenditure limit enrolled in the state budget in relation to specific laws; Having regard to Legislative Decree 17 August 2005, n. 189, amending and supplementing Legislative Decree No. 190/2002; In view of art. 39 of the Decree-Law of 30 December 2005, n. 273, converted into Law 23 February 2006 n. 51, whereby the shares of commitment limits, authorized by art. 13, paragraph 1, of the Law of 1 August 2002, n. 166, starting from the years 2003 and 2004, not committed at 31 December 2005, they constitute budgetary savings and reiscritte the competence of the years subsequent to those terminals of the respective limits; In view of art. 1, paragraph 78 of Law 23 December 2005 n. 266, which authorized an annual contribution of 200 million euro for fifteen years from the year 2007 for infrastructure projects, including in particular, the letter to the financing of the construction work of the national best interest to strategic projects referred to in law of 21 December 2001, n. 443; The Order of the President of the Republic June 8, 2001, n. 327, as amended and supplemented, containing the consolidated text of the laws and regulations in matters of expropriation for public utility '; Given the decree issued by the Minister of the Interior 14 March 2003 in consultation with the Minister for Justice and the Minister for Infrastructure and Transport, as amended and supplemented, with which - in connection with art. 15, paragraph 5, of Legislative Decree n. 190/2002 - and 'it was established the Coordinating Committee for the general supervision of the great works; Given the inter-ministerial decree 20 March 2003 n. 5279, issued by the Minister of Infrastructure and Transport, in consultation with the Minister of Economy and Finance, as amended by the subsequent inter-ministerial decree of 1 December 2005, by which unauthorized persons have been identified to contract loans and to make other financial transactions, defined the mode 'of payment of sums payable by financial institutions to borrowers and quantified quotas to be used for activities' design, appraisal and monitoring and to carry out the work; Given the resolution December 21, 2001, n. 121 (Official Gazette no. 51/2002 Ordinary Supplement), with which this Committee, under the most 'sometimes called art. 1 of Law no. 443/2001, has approved the first program of strategic infrastructure, which includes Annex 3, part of action for the water emergency in the region Molise "irrigation of the Lower Molise with the waters of the Biferno and Fortore rivers'; The resolutions of 27 December 2002 n. 143 (Official Gazette no. 87/2003) and 29 September 2004, n. 24 (Official Gazette no. 276/2004), with which this Committee, pursuant to art. 11 of the law 16 January 2003 n. 3, has, respectively, defined the system for the allocation of the CUP and ruled that the CUP must be shown by all administrative and accounting documents relating to public investment projects, and should be used in data banks involved in such projects ; Given the resolution July 25, 2003, n. 63 (Official Gazette no. 248/2003), with which this Committee has delivered, among other things, indications of a procedural nature concerning the activities 'of support that the Ministry of Infrastructure and Transport, and' called upon to play in the supervision of the implementation of the interventions included in the first program of strategic infrastructure; Given the decision May 27, 2004, n. 11 (Official Gazette no. 230/2004), with which this Committee approved the scheme type of business plan in accordance with the aforementioned Article. 4, paragraph 140, of Law no. 350/2003; Given the resolution of 29 July 2005 n. 98 (Official Gazette no. 245/2005), which has, among other things, aimed to availability 'residual former Resolution no. 21/2004, providing, in paragraph 2.4, that "the intervention of the Lower Molise irrigation with the waters of the Biferno and Fortore rivers will be 'subjected to this Committee by 31 October 2005, provided that the same term be introduced in the executive project the requirements made by the Ministry for agricultural and Forestry policy "and that" otherwise the resources will be automatically attributed to the complex of operations supported by this operation according to the order of ranking, "and also establishing, in paragraph 4, that ' allocating resources to individual interventions is arranged by this Committee by resolutions adopted pursuant to law no. 443/2001, setting out, among other things, the maximum period for the award of the work, after which the intervention is meant de-financed as well as 'time and mode' of disbursements; Given the resolution December 2, 2005, n. 153, with which this Committee has approved the technical aspects the final project "Irrigation of the Lower Molise with the waters of the Biferno and Fortore rivers'; Given the resolution adopted today, no. 75, reconnaissance of available resources, and in particular point 1.3.3, under which the intervention "Irrigation of the Lower Molise with the waters of the Biferno and Fortore rivers 'and' to be considered excluded from the responsibility of the FAS funding, under the provisions of section 2.4 of the said resolution no. 98/2005; Given the judgment n. 303 of 25 September 2003 by which the Constitutional Court, in examining the objections to the law n. 443/2001 and the implementing decrees, refers all'imprescindibilita 'understanding between State and individual Region agreement for' the interesting strategic infrastructure program the area of ​​jurisdiction, noting that the agreement may also be next to a finding made unilaterally by the Government and specifying that the funding granted to the work are considered ineffective until 'the agreement had been concluded; Note view n. COM / 3001/1 5 November 2004, with which the aforesaid Coordinating Committee Coordinator for the general supervision of the great works exhibited guidelines launched by the Committee at its meeting of 27 October 2004; Given the notes no. 213 of 14 March 2004, n. 458 of 18 October 2005, n. 510 of 26 October 2005, by which the Ministry of Infrastructure and Transport has submitted, inter alia, for the water systems of the Molise region, the preliminary report on the final project "Irrigation of the Lower Molise with the waters of the rivers and Biferno fortore »and integration to the preliminary report, proposing the approval of the technical aspects of the work plan, with prescriptions, and the allocation of funding from the availability 'of the Fund for underdeveloped areas; As this Committee has given programmatic reported to the financial framework in Annex 1 of Resolution no. 121/2001, reserving to proceed after the recognition of the different sources of funding available for each intervention; Considering that the work mentioned above and 'general framework including the understanding between the Government and the Molise region, signed June 3, 2004; It considered appropriate to complement the provisions of its resolution no. 153/2005, through the provision of funding in favor of the intervention in question taking account of the reasons of public interest, consisting of the creation of an intervention aimed at improving the conditions of irrigation of an area predominantly agricultural economy, and the short temporal distance exchanged by the aforementioned resolution no. 153/2005; Having heard the report of the Minister of Infrastructure and Transport, which - in formulating the final proposed allocation of resources available for implementing the strategic infrastructure program - calls for the allocation of a grant of 76,000 Meuro, in terms of investment volume , the final project "Irrigation of the Lower Molise with the waters of the Biferno and Fortore rivers', out for 29,295 on Meuro resources authorized by art. 13 of Law no. 166/2002 and 46.705 Meuro on resources authorized by art. 1, paragraph 78, letter a) of Law no. 266/2005; Therefore considered to granting a loan of 76,000 Meuro, in terms of investment volume, the final project "Irrigation of the Lower Molise with the waters of the Biferno and Fortore rivers ', out for 29,295 Meuro on authorized resources from' art. 13 of Law no. 166/2002 and 46.705 Meuro on resources authorized by art. 1, paragraph 78, letter a) of Law no. 266/2005; Acquired in session the agreement of the Minister of Economy and Finance; Notes: 1. From the findings of the investigation carried out by the Ministry of Infrastructure and Transport and in particular that: under the implementation aspect: the awarding authority, and 'identified in the consortium reclamation Larinese; the project in question, in accordance with resolution no. 143/2002, and 'it was awarded the CUP D57H04000080001; under the financial aspect: the overall cost and proposed 'of 77,470,000.00 euro (including VAT); the summary sheet of the business plan, filed in sitting by the Ministry of Infrastructure and Transport, does not show the infrastructure in question a 'potential financial return' from operations, due to the low significance 'revenues; the project does not present levels of economic and sustainability 'financial feasibility deemed acceptable by potential lenders and private investors; Resolution: 1. Grant contribution. 1.1. For the realization of "Irrigation of the Lower Molise with the waters of the Biferno and Fortore rivers 'and' awarded in via programmatic to the reclamation Consortium Larinese funding, in terms of investment volume, 76,000 Meuro, divided into 46.705 Meuro, out of the fifteen contributions with effect in 2007, authorized by art. 1, paragraph 78, letter a) of Law no. 266/2005, and in 29.295 Meuro, out of the commitment limit fifteen commencing from 2003, authorized by art. 13, paragraph 1, of Law no. 166/2002. The annual share of contribution out of the fifteen contribution authorized by art. 1, paragraph 78, letter a) of Law no. 266/2005 can not 'exceed the amount of 4,175 Meuro. The annual share of contribution out of the commitment limit fifteen commencing from 2003, authorized by art. 13, paragraph 1, of Law no. 166/2002 can not 'exceed the amount of 2,619 Meuro. 1.2. The awarding authority must 'submit, within two months of publication in the Official Gazette of this resolution, the reshaping of the project, consistent with the availability' including allocation programmatic arranged here. Rome, 29 March 2006 President: Berlusconi The secretary of CIPE: Baldassarri Recorded at the Court of Auditors on 11 October 2006 Control Office Financial Ministries, log n. 6 Economy and finance, page no. 38