THE MINISTERIAL COMMITTEE FOR ECONOMIC PLANNING Having regard to Law 21 December 2001 n. 443, 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 and for interventions in the water sector by the Ministry of Infrastructure and Transport; Having regard to Legislative Decree 20 August 2002, n. 190, 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 the 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"; The Order of the President of the Republic June 8, 2001, n. 327, containing the consolidated text of the laws and regulations relating to expropriation for public utility ', resulting in drafting the amendments introduced by Legislative Decree 27 December 2002, n. 302; Given the law of 27 December 2002, n. 289, that Articles 60 and 61 establishes, in the Ministry of Economy and Finance, the Fund utilized Areas (FAS), to be divided by this Committee with relevant resolutions adopted on the basis of the criteria specified in paragraph 3 of the same Article . 61, and which provides for the possibility 'of a different allocation of its resources; 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: paragraph 128, which refinances the FAS; paragraph 130, that, in partial modification of Article. 60 of Law no. 289/2002 provides that the different allocation of resources for underdeveloped areas can also be done in order to accelerate spending and to boost and support to the economic cycle of the South, through the movement of resources from interventions with ability 'to spending diluted over time interventions can produce an anticipation of that, and that, to this end, establishes to give priority 'in 2004 to operations in the areas relating to safety, transport, research, water and geological risk; 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 the dealerships and in the future additional documents, It must be accompanied by a cost-benefit analysis and a business plan drawn up according to the scheme approved by this Committee; paragraph 176, that authorizes additional expenditure limit in 2005-2006 for the implementation of strategic projects of which the laws mentioned above; 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 supplemented by Decree 8 June 2004, by 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; Resolution views 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 1st program of strategic works, which include, under "road and highway systems," the "Corridor ionic Taranto-Sybaris-Reggio Calabria" for a total cost of 3,098.74 Meuro and a willingness' of 243.768 Meuro; Given the resolution of 27 December 2002 n. 143 (Official Gazette no. 87/2003, wrong corrige in the Official Gazette no. 140/2003), with which this Committee defined the system for the allocation of the CUP, which must be requested by the person responsible referred to in paragraph 1.4 of the resolution; Resolution View May 9, 2003, n. 17 (Official Gazette no. 155/2003) with which this committee has broken down, for the period 2003-2005, funding for interventions in underused areas resulting from the refinancing of the law n. 208/1998; 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 September 2004 n. 19 (Official Gazette no. 254/2004), with which this Committee has allocated resources for underdeveloped areas by Law no. 350/2003 (as amended by Decree-Law 12 July 2004, n. 168, converted into Law 30 July 2004, n. 191), by reserving, in paragraph F.2.1 of 'employment Table', 1130 Meuro to the acceleration of the program strategic infrastructure and, the next step F.2.2, 288 Meuro to the "security" of which 31 are for the purpose of protecting the acceleration of the program; Given the resolution of 29 September 2004 n. 21 (Official Gazette no. 275/2004), with which this Committee finalizes 1,130 Meuro referred to in point F.2.1 mentioned resolution no. 19/2004 - net of 23 Meuro for the performance reserve '- and a further 200 Meuro, made available by the Ministry of Infrastructure and Transport are ever to rely on resources from the Law no. 350/2003 in refinancing art. 13 of Law no. 166/2002, by allocating these amounts to the financing - according to the ranking - list of the interventions included in Annex A and providing for the allocation of resources to individual interventions is prepared by this same Committee by resolutions adopted under Law No . 443/2001, which define - 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 of 29 September 2004 n. 24 (Official Gazette no. 276/2004), with which the Committee has determined that the CUP must be shown by all administrative and accounting documents, paper and computer, related to public investment projects, and should be used in banks data from various information systems, in any way involved in such projects; 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 to be considered ineffective until 'the agreement had been concluded; Given the Economic and Financial Planning Document (DPEF) 2004-2007 which, among other things, highlights, inside the program adopted by the said resolution, the activation potential interventions in the three-year period, which include the " corridor Jonico Taranto-Sybaris-Reggio Calabria "; Given the notes of 14 October 2004, n. 579, and 19 October, n. 597, with which the Ministry of Infrastructure and Transport sent - respectively - the report on the final draft of the preliminary works "ss 106 Jonica - Construction of the village variant of Palizzi - 2nd lot (from km 49 + 485 to km 51 + 750) of the 5th mega lot "and similar report on the definitive intervention project" construction of the sS Jonica 106 - cat. B - from the junction of Squillace (km 178 + 350.00) at the junction of Simeri Crichi (km 191 + 500.00) and articles of extension of the SS 280 "of the two seas" from the junction of Sansinato at junction Germaneto - Sansinato mega lot 2 ', offering, for both of the above interventions, only the funding from the FAS; 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; Considering that, for both of the above interventions, this Committee has given programmatic reported to the financial framework in Annex 1 of Resolution no. 121/2001, subject to subsequent to recognition of different funding sources available for each intervention; Considering that the works are included, generally the understanding framework between the Government and the region of Calabria, signed May 16, 2002, as part of the "highways and road corridors'; Considering that the "mega lot 2 corridor Ionian Taranto-Sybaris-Reggio Calabria 'and' mega lot 5, lot 2, the village variant of Palizzi" are included, respectively, n. 1 and no. 8 on the list referred to in that Annex A of Resolution no. 21/2004; Given that the mega lot n. 2 'was awarded the CUP F91BO4000250001 and other intervention considered the CUP F91BO4000260001; Considered that the date for the site preparation work - stated in the report on the survey of interventions likely acceleration effected by the Unit 'verification of public investment the Ministry of Economy and Finance (UVER), with the cooperation of the competent offices of the Ministry of infrastructure and transport - should be updated in relation to the time it took for the due process of refinement and that, for the "profile of expenditure 'provided for the years 2004-2005, it is appropriate to refer to the cumulated amount indicated in the aforementioned attached; Having heard the report of the Minister of Infrastructure and Transport; Acquired in session the agreement of the Minister of Economy and Finance; Takes note of the findings of the investigation carried out by the Ministry of Infrastructure and Transport, in particular: 1) in respect of both works: the SS 106 is developed along the Ionian coastal strip, with a distance of approximately 490 km, and is not only direct connection between Reggio Calabria and Taranto, but also a strategic backbone of the road 'Southern Italy, since, from the functional point of view, is characterized both as a road axis of penetration to the internal service areas, difficult to access today , both as a preferred route connecting the entire coastal strip Ionian; that the entire infrastructure and 'divided into 9 major sections in different design stage, as well as' in a tangential connection, in the completion of a fitting, in 2 variants and n. 2 lots under construction; that the actions planned involve the classification of the road in category B (suburban main road) with a design speed 'journey between 70 and 120 km / h; that interventions examination affecting the territory of the region of Calabria; that its final plans have compatibility 'environmental decree (VIA) and were subjected with positive results to conferences of services, including for the urban location, in accordance with normal procedures; and that 'given notice initiating the procedure for approval of the projects and declaration of public utility', by publication in newspapers and billboards on the rolls of the municipalities concerned, in accordance with art. 7 of the Law of 7 August 1990. 241 and art. 16 of the aforementioned decree of the President of the Republic n. 327/2001; that the Department for the coordination of regional development of the Ministry of Infrastructure and Transport has affixed the preordained constraint expropriation with final authorization provisions n. 171 of 19 February 2004 and No. 387 of 27 May 2004, published respectively in the Official Gazette March 3, 2004, n. 52, and June 12, 2004, n. 136; that ANAS SpA and 'the awarding authority, pursuant to Legislative Decree n. 190/2002; that the board of directors of the Company ', in its meeting of April 21, 2004, approved by resolutions numbers 28 and 30 - respectively - the final draft of the 2nd lot of mega lot 5 for a total of 135 Meuro and the final design of the mega lot 2 for a total of 740 Meuro; that the cost of the work and 'was defined in relation to the unit prices deIl'ANAS, relative to the compartment for the viabilita' of Catanzaro for the year 2002; that the works do not have a 'potential financial return' obtainable from management pursuant to art. 4, paragraph 134 and following, of Law no. 350/2003, is not being provided on any form of tolling; 2) regarding the mega lot 2: under the procedural technical aspect: the final design refers to the construction of the SS 106 Ionian junction of Squillace (km 178 + 350) at the junction of Simeri Crichi (km 191 + 500 ) and in the work of extension of the sS 280, called "two seas", from the junction of Sansinato at the junction of Germaneto; that the SS 280, which is currently two lanes in each direction, begins in Sant'Eufemia Lamezia, with graft on the ss 18 near the airport of Lamezia Terme, and ends in Catanzaro in the place 'Santa Maria, grafted on SS 19 -quater, and contributes - with the sS 106 - to strengthen the backbone of the huge network viabilita 'the province of Cosenza, in particular by ensuring the east-west connections and filleting so' the Ionian side with the Tyrrhenian coast; that the intervention affects the ss 106 for a stretch of about 17.2 km and includes a link road of about 1.7 km between the junction of Squillace and the current artery, while the extension of ss 280 runs for about 5.22 kilometers and, according to its project, and 'also involved the construction of a scratch stretch of viabilita' coplanar about 2 km, which starts from the junction of Germaneto and ends at the junction for the University '; that the entire project involves 7 split-level interchanges (including 6 on the SS 106), 15 viaducts and 11 tunnels; under the implementation aspect: the mode 'identified for the assignment of activities' and 'the use of a general contractor and that, on May 24, 2004, and' was issued the notice with relative completion safeguard clause financing; that the maximum time for completion of the work and 'fixed in 1,670 consecutive days and continue with effect from the day following the order of start of activities'; under the financial aspect: the total cost of the proposal for funding and 'of 740 Meuro, of which 552.823 for the work-based contract (including 32.141 Meuro for security costs and expenses for 17.142 Meuro techniques from the general contractor, including detailed design, construction supervision and safety coordination in design and execution, as well as 'activities' techniques to capture areas and connections to outlets); while the amount for the available funds amounted to 187.177 Meuro; that the work has a budget of 652 Meuro, so 'consists of: 112 Meuro from the Community Support Framework 2000-2006 - PON Transportation; 28 Meuro charged to the POR Calabria; 350 Meuro out of the extraordinary plan ANAS 2003; 162 Meuro using funds allocated to the Calabria region in accordance with resolution no. 17/2003; it is proposed to allocate the remaining amount of 88 Meuro, necessary to complete the financing of the project under consideration, paid by the FAS funds for the acceleration of the interventions included in the 1st program of strategic works; 3) with regard to ss 106 - village variation of Palizzi (2nd lot of mega lot 5): from a technical-procedural aspect: the final design regards the alternative route SS 106 Jonica (2nd lot of mega lot 5 - from km 49 + 485 to km 51 + 750), in the stretch from Bova Marina in Palizzi, and more 'specific to the 2nd lot of the connection between the junction of Bova Marina south in the place' Torrevarata and release of Palizzi Marina to the east of the country in the place 'Stavro; that the project represents an integration examination of the final project drawn up prior to the entry into force of the decree on "Functional and geometric guidelines for road construction" and therefore falls outside the scope of applicability 'of the same and yet you and 'taking into account, where possible, of the new rules, whereas, in cases where this' is not' been possible, were taken all necessary measures to ensure traffic safety; that the intervention has a double feature, taking shape as intervention in 'new headquarters in variation' to the current SS 106, as it allows to bypass the town of Palaces, and acting also as intervention of 'completion', since 'is linked 1st batch already 'built, but not yet fully operational; that the length of the intervention for the northbound carriageway and 'of 3,785 m, to the south of 3,778 me that the surgery itself also includes junction 1, 2 viaducts and 4 tunnels; that the release expected in the final round he still provisional and will be 'completed, to ensure full functionality' in the lottery, in the design and implementation of the next batch; under the implementation aspect: the mode 'scheduled for the assignment of activities' and 'the integrated contract, by private treaty in abbreviated terms, with the economically more' advantageous tender and on an expedited basis in given the nature of priority 'intervention inserted in the 1st program of strategic projects; and that 'was already' published on 25 May 2004, the contract notice, which contains a specific "safeguard clause"; and which provides for the allotment quickly; that the maximum time for completion of the work and 'fixed in 1,305 consecutive days and continue with effect from the day following the order of start of activities'; from the financial point: that the overall cost for the proposed financing and 'of 134 Meuro, of which 98.213 Meuro for work-based auction (including 6,248 Meuro for security charges and 1,060 Meuro for expenses final design not subject to downward), and 35.787 Meuro for amounts available; Resolution: 1. Assignment contribution to the mega lot 2. 1.1. For the realization of the works of construction of the "SS 106 Ionian junction of Squillace (km 178 + 350.00) at the junction of Simeri Crichi (km 191 + 500.00) and the works of extension of the SS 280, called" the two seas ", from the junction of Sansinato at junction Germaneto - mega lot 2" is assigned to ANAS a maximum contribution of 88.00 Meuro to rely on the availability 'of the Fund for underdeveloped areas relative to 2007. 1.2. The final contribution will be 'determined by the maximum amount specified in paragraph 1.1, the Ministry of Infrastructure and in the outcome of the race for the award of transport activities' provided. To this end, the contracting entity will provide 'to transmit the aforementioned Ministry, within fifteen days from the publication date of this resolution, the new economic environment: the auction declines are attributed to different sources of coverage to an extent corresponding to the percentage shares of the competition in financing the work. The Ministry of Infrastructure and Transportation will provide 'to communicate to this Committee the entities' contribution as quantified above. The savings made on the contribution from the FAS and, more 'in general, the economies related to the actions financed pursuant to resolution no. 21/2004, together with the additional resources that come from the reallocation of art. 60 of Law no. 350/2003, will be held by this Committee to the financing of other measures included in the abovementioned list A, with mode 'set out in point 1.1.5 of the mentioned resolution. 1.3. The delivery of the activities 'to the contractor general, that is awarded on the basis of invitation to tender to the "acknowledgment", it must' be made within fifteen days of the publication of this resolution. After this deadline the intervention means de-financed. 1.4. The fee referred to in section 1.2 will be 'paid to the contracting entity, consistent with the availability' of the case, with the following mode ': 80% will be' delivered at the request of the awarding authority and prior declaration is solely responsible for the proceedings ( RUP) certifying the use occurred 80% of the other indicated resources for the funding of the cost; the balance will be 'paid at the request of the contracting entity, accompanied by a declaration stating the ORs happened the use of 95% of share in the preceding paragraph, as well as' the completion of the work, including the work of testing operations . 2. Assign contributions to the 2nd lot of mega lot 5. 2.1. For the realization of work on the "ss 106 Jonica - construction of village variant of Palizzi - 2nd lot of mega lot 5 - from km 49 + 485 to km 51 + 750", a maximum of 134 contribution is allocated to ANAS , 00 Meuro to rely on the availability 'of the Fund for underdeveloped areas as follows: 55,00 Meuro to rely on the availability' for 2005; 45,00 Meuro to rely on the availability 'for 2006; 34,00 Meuro on availability 'relative to 2007. 2.2. The determination of the final contribution, and destination will take place 'economies with mode' set out in point 1.2. 2.3. The delivery of the activities 'to the subject that is awarded on the basis of invitation to tender to the' taking note 'must' be made within the same period referred to in paragraph 1.3. After this deadline the intervention means de-financed. 2.4. The fee referred to in paragraph 2.2 will be 'paid to the contracting entity, consistent with their availability' cash and within the limits of annual amounts specified in clause invoked in accordance with the following mode ': the share of 55 Meuro, attributed to availability' FAS for 2005, it will be 'paid in a lump sum at the request of the contracting authority; 50% of the 45 Meuro fee, charged on availability 'FAS for 2006, will be' paid at the request of the awarding authority and after transmission of the declaration stating the ORs the use occurred 80% of the share in the preceding paragraph, while the remaining 50% will be 'delivered at the request of the awarding authority, accompanied by the declaration of the RUP the fact that the use of 80% of what was paid with the previous two installments; 80% of the quota for 2007 will be 'delivered at the request of the awarding authority accompanied by a statement of the RUP The fact that the use of 80% of what was paid with the previous three installments; the balance will be 'paid at the request of the contracting entity, accompanied by a declaration stating the ORs happened the use of 95% of what until then dispensed, as well as' the completion of the work, including the work of testing operations. 3. Final clauses. 3.1. As part of the efforts to strengthen the activities' monitoring for the prevention of infiltration attempts of crime 'it was organized will be' signed, with reference to the mega lot 2, a special memorandum of understanding between the Prefecture - UTG, the awarding authority and the general contractor on the basis of the criteria set out in Annex 1 to this resolution, which forms part thereof, and taking into account any further indications that come from the coordinating committee for the general supervision of the great works before the signing of the Protocol. For the 2nd lot of mega lot 5 the awarding authority, in the contract or addendum to the contract, provide for 'similar measures to make more' stringent checks mafia in relation to guidelines launched by the aforesaid Committee in the aforementioned resolution of the October 27, 2004 and summarized in Annex 2, which likewise form an integral part of this resolution. 3.2. Delays and criticality 'in the realization of the works will be highlighted in the regular report that the UVER, based on information provided by the mentioned technical structure of the mission of the Ministry of Infrastructure and Transport and other information obtained independently, quarterly transmits to the technical committee for acceleration established art. 2 of resolution no. 21/2004. 3.3. The CUP assigned to the project, in accordance with resolution no. 24/2004, must 'be highlighted throughout the administrative and accounting documents concerning the operation in question. Rome, December 20, 2004 The President The Secretary delegated Siniscalco CIPE Baldassarri Join the Court of Auditors on 8 July 2005 Control Office Financial Ministries, log n. 4 Economy and finance, page no. 26