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, authorises the commitment contract limits for the design and construction of the works included in the programme approved by this Committee and for interventions in the water sector by the Ministry of infrastructure and transport; Having regard to the Legislative Decree of August 20, 2002, # 190, 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 190/2002, which attribute the responsibility of investigation and the helper function in the activities of this Committee at the Ministry of infrastructure and transport that can, in the way, use the appropriate "technical mission"; 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, and seen in particular: the paragraph 134 and later, under which the resource assignment to this Committee, request for strategic infrastructure posing 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;
paragraph 176, authorizing additional limits of commitment during 2005-2006 for the realization of strategic works referred to the laws mentioned above;
paragraph 177, concerning clarifications on limits of commitments in the State budget in relation to specific laws; Visto l'art. 1, paragraph 13 of the Decree-Law July 12, 2004, # 168, converted into law July 30, 2004, # 191, which replaces art. 4, paragraph 177, of law no 350/2003, specifying-among other things-that the limits of the State budget in commitments in relation to specific laws are intended as a contribution framework for making investments, including in the cost of the same also charges arising from any funding needed — which contest the State to pay a share of expenses from mortgages or other financial transactions that stakeholders other than public administration as defined in accordance with national accounting policies SEC 95, are authorized to carry out for making investments; 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 No 302 December 27, 2002; Having regard to resolution No 121 December 21, 2001 (Official Gazette No 51/2002 S.O.), with which this Committee within the meaning of the said art. 1 of law No 443/2001, approved the first programme of strategic works, which in annex 1 includes-as part of the "urban systems»-«Monza subway», for a total cost of 376.497 Million, which reflect the interventions in question; 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 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 the resolution today, # 24, 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 the economic and financial programming document (DPEF) 2004-2007 that, among other things, highlights, as part of the programme approved by the aforementioned resolution, the activation potential interventions in the period of reference, among which included the action: Monza subway»; 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 may also be after such a finding made unilaterally by the Government and by specifying that the funds allocated to the work are considered ineffective until the agreement is not perfect; Having regard to the circular of the Ministry of economy and finance-the State General Accounting Department April 5, 2004, # 13 (Official Gazette No. 66/2004 S.O.), in which were addressed the issues of limits of commitment and it was, among other things, pointed out that the commitment was bookkeeper is not necessarily correlated with the granting of any bank loans or other financing operations; Having regard to the note June 22, 2004, # 389, with whom the Ministry of infrastructure and transport sent a specific investigative reports relating to the report divided into ' Metropolitan line M5 from Garibaldi to Monza Bettola is Garibaldi-Bignami disease» and «extension of Metro line M1 to Monza Bettola, Monza Bettola "and Sixth FS-is in a cumulative proposal concerning the approval, with prescriptions preliminary projects of works-the total amount of about 670 Million-and the allocation of funds for a total amount of approximately 229.669 Million, of which part to come on other program interventions related to the Lombardy region; Having regard to the note August 2, 2004, # 485, with which the above mentioned Ministry has conveyed "upgrade to July 2004» the report previously submitted; Having regard to the note September 22, 2004, no 530, which invoked the Ministry has forwarded the ballots pursuant to resolution # 63/2003 and financial plans of the works in question, she was then handed a draft updated in relation to the results of the investigations carried out together with the development and cohesion policy Department of the Ministry of economy and finance; 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; Considering that it is not necessary to compensate with other works of the Lombardy region, given that the total contribution required to be paid out of the resources for the implementation of the programme does not go beyond the amount that according to resolution No 121/2001 burden on resources for the implementation of the programme and that the expenditure forecasts in the resolution itself is limited to three years 2002-2004 While the above contribution is imputed upon availability related to 2006; Given that the above works are included in the general framework agreement between the Government and the Lombardy region, signed the April 11, 2003, between the urban and metropolitan infrastructure afferent ' system '; The report of the Minister of infrastructure and transportation; Acquired in the agreement of the Minister of economy and finance;
Takes note of the findings of the investigation by the Ministry of infrastructure and transport, in particular: 1. technically-proceedings in general terms that both interventions are the subject of the memorandum of understanding signed on March 9, 1999 between regione Lombardia, province of Milan, municipality of Cinisello Balsamo, Milano, Monza e Sixth S. Giovanni for the strengthening and development of the integrated transport system on the Milan-Monza, with specific reference to the creation of a new infrastructure (light rail) connecting Milan and the hinterland North along the axis of the line 5;
that the works are part of a general plan intended to new rail infrastructure capable of ensuring environmentally sustainable territorial development of the area north of Milan, characterized by an extremely high degree of urbanization, and aim in particular to help cope with their new mobility demand generated and attracted by the area itself, limiting the use of individual means;
more specifically the extension of the M1 and is aimed at ensuring a sound alternative to the strong currents of traffic coming from Brianza and important roads, such as the A4 and the s.s. 36, and at the same time it is intended to serve areas for which there is a strong development in the municipalities of Sesto s. Giovanni, Cinisello Balsamo and Monza;
that for both the city of Milan has deposited the design and study of environmental prefattibilita in the Lombardy region, disclosing that, pursuant to art. April 12, 1996 10 of the Decree of the President of the Republic and of regional law No. 20 September 3, 1999, intervention is not subject to an environmental impact assessment procedure, but to environmental criteria, which is not required to publish in newspapers; for the extension of line M1 Metro to Monza Bettola, Monza Bettola», is Sesto FS-that intervention, characterized by the same design standards of trafficking carried out of line 1, is an extension of that line to a length of 1,879 m and includes the construction of stations of Restellone and Monza Bettola, and latter manoeuvre rod, the length of 395 m , and buy nine trains;
that intervention is envisaged in the memorandum of understanding signed on January 25, 2000 between signatories of the MOU of March 9, 1999 for the implementation of the programme relating to the implementation of the link Milan, Sesto S. Giovanni, Cinisello Balsamo and Monza through the extension of the Metro line 1 and in particular art. 5 of the said agreement enshrines the commitment of Commons subscribers to adapt the contents of their planning tools and planning design guidelines, as well as ensuring the acquisition of key areas needed to carry out the work;
that the preliminary draft was transmitted by the awarding authority to the Ministry of infrastructure and transport and the other competent bodies and the Metropolitana Milanese S.p.a., on behalf of the awarding authority, the managing bodies of interference;
the Lombardy region, with delibera della giunta regionale n. VII/13575 of July 4, 2003, gave a favourable opinion, with prescriptions, exposing environmental verification results performed on the project and confirming the exclusion of the project from the environmental impact assessment subject to compliance with the conditions and requirements formulated in Annex B of the resolution itself, and it is also pronounced positively on the localization of the opera , assessing the conformity to norms of urban and territorial plans, homes and especially the master plans of the municipalities of Sesto s. Giovanni, Cinisello Balsamo and Monza;
the Ministry for cultural heritage and activities, on November 25, 2003, he expressed welcome, subject to the conditions laid down by the competent ministries;
that favourable opinion expressed also the Interministerial Commission provided for by the law December 29, 1969, # 1042, however, by making some observations on entries in the economic picture, which resulted in the reduction of the cost of the project to be approximately 176 million to 174,941,957 million.
the Ministry of infrastructure and transport intends to formulate regulations in approving the preliminary draft;
that the intervention is awarded the CUP 30001 B61E040000; for the "new metro line M5 from Garibaldi to Monza Bettola is Garibaldi-Bignami disease», that involves the construction of a light rail to rail full automation, with double-track route entirely in own seat along the urban axis defined from Zara and texts, natural and artificial tunnel and construction of nine stations and storage-underground workshop intended to works of ordinary maintenance (preventive and corrective) as well as the purchase of ten vehicles;
that the preliminary draft was transmitted by the awarding authority to the Ministry of infrastructure and transport and the other institutions and bodies in a first version and-subsequently-in version partially modified and complemented by a proposal for use of project financing in accordance with art. 37-bis law February 11, 1994, n. 109, proposal reviewed by an Advisory Panel and declared to be of public interest by the municipality;
This second version was transmitted-design as well as the Ministry of infrastructure and transport and other administrations concerned-even interference managers organisations;
that, on the basis of considerations emerged from the document prepared by the Advisory Panel, the Astaldi S.p.a., as the agent of ATI, signed, on October 30, 2003, an "Act of obligation ' in respect of the municipality;
the Lombardy region, reiterating the opinion already made with delibera della giunta regionale n. VII/15179 of November 21, 2003, resolution No. VII/16949 of March 26, 2004 gave a favourable opinion on the draft, confirming a total exclusion from the environmental impact assessment, subject to the transposition, in subsequent project phases, the requirements set out in the resolution itself, and has expressed a positive opinion about the location of the work, also attesting the conformity with the provisions of the territorial, urban and building plans;
that positive opinion, with prescriptions, made even the Interministerial Commission provided for by law no 1042/1969, noting-among other things-like costs related to some items (design and safety coordination and "other general costs") are not properly justified;
the Ministry of infrastructure and transport intends to formulate regulations in approving the preliminary draft;
that intervention «new metro line M5 from Garibaldi to Monza Bettola is Garibaldi-Bignami» is awarded the CUP B61E0400004000; 2. in terms of implementation which the awarding authority is found in the municipality of Milan;
the method of assignment of jobs is the integrated contract for the extension of line M1, as in project finance scheme for the other work;
that realization times M1 extension are estimated in about five years, while the time of realization of the new M5 is estimated in six years; 3. under the financial aspect for the M1 Metro line extension "in Monza Bettola, Monza Bettola" which is Sesto FS-the total cost of the action, as it's resized investigation phase estimated at 174,941,957, of which 66,957,864 euro to tender-based jobs, 21,984,093 for sums to disposition and 86 million euros for rolling stock;
the cost is covered-totalling 70,400,000 euros-local authorities;
the economic and financial plan, whose basic assumptions were deemed acceptable by the Cassa depositi e prestiti, does not highlight a potential economic return from management as to render possible forms of public-private partnership;
that for the residual 104,541,957 euro prompted the resources ' law coverage objective» by imputation, in particular, for 54 million euros in funds provided by law No. 166/2002, and for the remaining 50,541,957, applicable on the additional funds that will be allocated to the implementation of the programme of strategic infrastructure, except in case of failure to allocate, excerpt from unfunded works, five of the nine trains;
that, in case of non-attribution of resources required for the second phase, you suggested the deletion of the works not financed, corresponding to five of the nine trains expected, and that the operator Transit Authority Milanese S.p.a. has confirmed its willingness to integrate the financing for the purchase of trains up to a maximum of 8,950,000 euro, which reduces the residual rolling stock to about 41.592 Million; for the "new metro line M5 from Garibaldi to Monza Bettola is Garibaldi-Bignami disease», that the total cost of the operation is estimated at € 495,156,986, of which 177,985,761 for civil works, 133,217,070 for technological works, 33,655,000, rolling stock and 150,299,155 for sums to disposition and security plans;
that the first batch of functional Garibaldi-Zara of Garibaldi F.S.-Ca ' Granda was eligible for funding from this Committee, by resolution May 3, 2001, # 76, February 26, 1992, law n. totalling 211-investment-volume of 81,700,000 euro and that the cost is covered, for more 54.228 Meuro, from funds of the city of Milan as a supplement to predicted state funding;
the economic and financial plan highlights a potential economic returns resulting from the synthetic management of the work, with taking a share of the investment, amounting to 183,560,000 euros, borne by private individuals;
the Cassa Depositi e Prestiti he expressed for the financing of project, exposing a few observations in this regard;
the technical project finance unit, established within the Ministry of economy and finance has recognized the sustainability of the operation, formulating considerations with regard to the draft Convention governing the grant and for which stresses the need for a more precise alignment to the contents of the said «Act of obligation ' and further integrations, punctually;
that for the residual 175,668,986 euro bring resources coverage is required by law No 166/2002;
Resolution: 1. Preliminary Project Approval. 1.1 pursuant to art. 3 and art. 17, paragraph 4, of Legislative Decree No. 190/2002 are adopted, the requirements proposed by the Ministry of infrastructure and transport, the preliminary draft of the "prolongation of Metro line M1 to Monza Bettola, Monza Bettola" and "Sesto FS-new metro line M5 from Garibaldi to Monza Bettola is Garibaldi-Bignami disease» and also recognized the environmental compatibility of the works. In accordance with art. 10 of the Decree of the President of the Republic No. 327/2001, as amended by Legislative Decree 302/2002, and ' apposto the constraint preordained expropriation for goods that fall in the areas concerned. It is therefore improved, urban and housing at the end of each, the State-region agreement on the location of the works. 1.2 pursuant to art. 3, paragraph 3, of Legislative Decree 190/2002, euro-88,941,957 amounts which are to be added 86 million euros, rolling stock-and 495,156,986 euro (including 33,655,000 euro, rolling stock) represent the spending limit, respectively, of the extension of Metro line M1 to Monza Bettola, Monza Bettola and "Sesto FS-new metro line M5 from Garibaldi to Monza Bettola Garibaldi-Bignami, treats»: for the latter, the awarding authority intervention before banishing the race, will deepen-based economic environment presented by note April 16, 2004-the specific content of the entries mentioned in the acknowledgment and to verify its appropriateness, communicating their final evaluations at the Ministry of infrastructure and transport. Both the above amounts are inclusive of charges for environmental mitigation works. 1.3 the requirements of paragraph 1.1, proposed by the Ministry of infrastructure and transport in connection with investigation and which remains conditional on the approval of these projects can be found-separately for each project-in the annex which forms an integral part of this resolution. The awarding authority will also adjust the draft Convention governing the granting of the new M5 instructions in the opinion of the Cassa depositi e prestiti and the Ministry will communicate directly to the awarding authority. 2. Grant contribution. 2.1 Are attributed to the city of Milan the following contributions in terms of volume of investments, which represent the upper limit of expenditure currently financed resources brought by art. 13 of law No 166/2002: for the extension of line M1 to Monza Bettola, a contribution, in terms of investment volume of EUR 54 million;
on the construction of the new line is Garibaldi-Bignami M5, a contribution, in terms of investment volume of euro 175,668,986. The relative burden is offset against fifth 15-year commitment limit provided for in art. 13 of law No. 166/2002 and from 2006: the annual fee may not exceed the maximum amount of 4,942,000 euros respectively and the maximum amount of 16,077,000 euros. 2.2 the city of Milan, in the quality of awarding authority of «extension of line M1», will find the additional resources necessary for the acquisition of rolling stock in the entity indicated (9). Otherwise, and in the absence of additional allocations of resources devoted to the implementation of the first strategic infrastructure program, the Park trains will be adequately reduced. 3. General provisions. 3.1 the Ministry of infrastructure and transport will ensure, on behalf of this Committee, document retention components the preliminary drafts of speeches «extension of Metro line M1 to Monza Bettola, Monza Bettola "and" this is Sesto FS-new metro line M5 from Garibaldi to Monza Bettola is Garibaldi-Bignami disease», approved by this resolution. 3.2 In the examination of the final plan, said the Ministry will provide verification of compliance that according to paragraph 1.1 shall be incorporated in the planning stage. Will proceed besides to verify compliance with the other data referred to in point 1. 3.3 the Ministry of infrastructure and transport 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 in the introduction, even taking into account the indications pursuant to resolution # 63/2003 above. 3.4 in accordance with resolution No. 24 earlier today, the CUP for each opera will be highlighted throughout the administrative and accounting documentation regarding the work itself.
Rome, September 29, 2004 President: Berlusconi CIPE Baldassarri Secretary Recorded the Court of Auditors, the economic and financial Ministries acts April 4, 2005 register Office # 1 economy and finances, sheet # 315