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Law # 443/2001-1° Program Of Strategic Works Piastralogistica Umbra-Logistics Platforms Of Terni-Narni, Foligno The Castle Ecitta-S. Giustino. (Resolution 15/2004).

Original Language Title: Legge n. 443/2001 - 1° programma delle opere strategiche Piastralogistica umbra - Piattaforme logistiche di Terni-Narni, Foligno eCitta' di Castello-S. Giustino. (Deliberazione n. 15/2004).

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The INTERMINISTERIAL COMMITTEE FOR ECONOMIC PLANNING having regard to law No 443, December 21, 2001, 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, 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, in drafting subsequent to the changes introduced by Legislative Decree No 302 December 27, 2002; 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: paragraphs 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;
the art. 4, paragraph 139, which defers to this Committee to exercise, with the support of the Ministry of infrastructure and transport, the function of supervision over the implementation of interventions as referred to in the previous subparagraph, also in the interest of funders;
paragraph 176, authorizing additional limits of commitment during 2005-2006 for the realization of strategic works referred to the laws mentioned above;

paragraph 177, according to which the limits of commitments in the State budget in relation to specific legisiative provisions are to be understood as competition of the State itself 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 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, which includes, as part of the "Hub", the "interport logistics Plate umbra», which indicates a cost of 14.719 Meuro and which includes, under road and motorway systems», «Terni-Rieti intervention, for which there will be a charge of 97.610 Million paid by the resources allocated to the implementation of that programme; 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 December 19, 2003, # 131 (Official Gazette No/2004), by which this Committee approved, procedural purposes only, the final draft of the speech "Director Civitavecchia-Orte-Terni-Rieti: section Themes (Loc. San Carlo)-Regional Border», a work which was equipped with complete financial protection responsibility of the extraordinary plan ANAS 2003; Having regard to the resolution today, # 11, by 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 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 Govemment and specifying that the funds allocated to the work are considered ineffective until the agreement is not perfect; Having regard to the economic and financial programming document (DPEF) 2004-2007, which, among other things, highlights, inside the program approved by the aforementioned resolution, the activation potential interventions in the period of reference, including the «Plate logistics umbra»; Having regard to the note of October 27, 2003, prot. # 519, with whom the Ministry of infrastructure and transport it sent investigative reports on preliminary drafts of the "logistics platforms of Terni-Narni, Foligno and Citta ' di Castello» totalling 58,558,251.04 euros, proposing the approval with prescriptions and financing for 29,279,125.52 euros, equal to 50% of the resources allocated by art. 13 of law n° 166/2002, as refinanced by law no 350/2003; Having regard to the note of February 25, 2004 by which the technical project finance unit sent its assessments regarding the above mentioned projects, highlighting how, according to the figures shown in the financial plans presented by the region of Umbria, the work would present a potential capacity for self-financing until 15-20%, in the case of involvement of parties and private capital since being built; 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; 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 "logistics Plates of Terni-Foligno-Citta ' di Castello» are included in the general framework agreement between the Government and the region of Umbria, signed on October 24, 2002, within the framework of the" Interport Hub '; Given that the above proposal for funding 29,279,125.52 euro exceeds the forecast of expenditure stated in resolution No. 121/2001 for the «Plate logistics umbra», it is necessary to compensate with lower needs of other drooping programme in the same region; Given that the President of the Umbria region, in confirming their consent on these preliminary designs for the purpose of locating, represented the different financial situation of action: themes-Rieti» referred by that resolution No. 131/2003, proposing to offset so the excess contribution as above required for logistic platforms, in order to ensure the stability of the expenditure of resources intended for the realisation of the programme; 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: technical procedural aspects:

the work involves the construction of logistic platforms that are specified in the introduction, with which the region Umbria intends to respond to the increasing demand of workers in the fields of road haulage and Logistics Council strategic relevance recognized overall economic and social development of the region;
Whereas, in particular, the logistics platform of Terni-Narni, located in an area of over 200 ha between Marattana Street and the railway infrastructures and linking the two municipalities along the Valley of the Nera river, take the remote control station function enabled, the station of Terni, to route the trains directly to destinations West of Narni and Terni East;
that the platform of Foligno, situated in the area of «Ventura» Rentals from the Orte-Falconara railway line and the airport will be connected to the main road network through the S.S. Flaminia, recently widened to four lanes in each direction, and the rail network through the installation of motion of Foligno station;
the castle town-S platform. Justin, situated between the industrial areas of the two municipalities, the municipal boundary, at the road junction between and 45 Orte-Cesena and the future road connection of the two seas, consists of a Terminal road haulage and a Center for local distribution, both with drop-leaf sheds, car parks and squares, as well as a service centre, located outside of goods basis that will host offices, CED and a hotel-restaurant;
that the Umbria region-feel the towns of Terni and Narni, Foligno, Citta ' di Castello and San Giustino-gave its assent on the individual preliminary designs for the purposes of understanding on localization, respectively with deliberations of Regional Council # 1324, 1325 and 1326 n. n. on September 17, 2003;
It works on the subject, as expressly declared by the region of Umbria with 10460, 10461 and 10459 numbers notes dated October 16, 2003, do not fall into ' national or regional environmental impact Assessment "under regional law No 11 April 9, 1998, having each of them an extension of less than 20 hectares;
that individual preliminary drafts shall be accompanied, as foreseen by the Decree of the President of the Republic December 21, 1999, n. 554, environmental prefattibilita study where it's urban and environmental planning are defined at the municipal level;
the region of Umbria, in the quality of awarding authority, pursuant to art. 3, paragraph 4, of Legislative Decree No. 190/2002 sent the preliminary designs to the managing bodies of interference, which have formulated their comments;
under the financial aspect: that the works in question have been the subject of reports preliminary instructors of Cassa depositi e prestiti, which have made some assumptions in order to carry out the surgery with residual public resources and are given ratings then substantially confirmed by the technical unit of project finance in the note mentioned in the introduction;
that the region Umbria, to the need for a speedy completion of the work, took the decision to intervene directly with own resources in delivering the same, contributing to financing for 50% and channelling private resources from the territory in the operation of ' capturing value ' for implementing the project "Quadrilatero Marche-Umbria», which is also at issue in the meeting today;
that the overall cost of the proposed intervention for financing is 58,558,251.04 euro, incl. inclusa, cosi articolato:
Euro =====================================================================
Piattaforma | | |
Logistics | Jobs | Sums to disposition | TOTAL === === === === === === === === === === === === === === === === === === === === === === === Terni-Narni | 12,187,961.32 | 6,931,823 .57 | .89 19,119,784---------------------------------------------------------------------Foligno | 19,280,798.58 | 7,659,448 .15 | 26,940,246 .73---------------------------------------------------------------------Citta ' di Castello-| | |
S. Giustino | 9,174,802.97 | .45 3,323,416 | 12,498,219 .42----------------------------------------------------------------------total | 40,643,562.87 | .17 17,914,688 58,558,251 said that cost .04 | is requested the allocation of a grant of 29,279,125.52 euros in terms of investment volume, equal to 50% of the total amount, under the limit of commitment required by art. 13 of law No 166/2002 with effect from 2005;
Executive viewpoint: that the Umbria region, for the purpose of execution of works intends to use its own instrumental body, who will participate, even with minority stake, but with power and control, to a newly established management companies that will mediate as ' real estate broker, promoter/breeder and contributor to the business entity where the work will be leased with public tendering procedure as well as a guarantor of the coherence of activities with regional programming addresses;
that is expected to begin in the first half of 2005, with completion in the first half of 2007;
Resolution: 1. change resolution No 121/2001. Resolution No 121/2001 is amended in the sense that the cost of «58.558» is restated in Plate logistics umbra Meuro. The difference compared to the original forecast of expenditure of the resources allocated to the implementation of the first program of strategic infrastructure, to deduction of estimated expenditure for intervention «Terni-Rieti» included in the same deliberation among the ' road and motorway Systems» of «transverse Corridors and Apennines». 2. Preliminary project approval. 2.1 pursuant to art. 3 of Legislative Decree No 190/2002, shall be approved, with the requirements set out in paragraph 2.3, the preliminary drafts of speeches concerning logistics platforms of Terni-Narni, Foligno and Citta ' di Castello-S. Justin, according the table below: logistics platform of Terni-Narni: cost 19,119,784.89 euros;

Logistics platform of Foligno: cost 26,940,246.73 euros;
Logistics platform of Citta ' di Castello-S. Justin: cost 12,498,219.42 euros. It is therefore improved, urban and housing at the end of each, the State-region agreement on the location 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. 2.2 pursuant to art. 3, paragraph 3, of Legislative Decree 190/2002, the amount referred to in the preceding paragraph, for each of the measures to be implemented, is the expenditure limit of the intervention itself. 2.3 the requirements proposed by the Ministry of infrastructure and transport, which is conditional approval of projects are set out in the annex which forms an integral part of this resolution. 2.4 operations referred to in the preceding paragraph shall be allocated, in accordance with resolution # 143/2002, the following unique codes project (CUP): logistics platform of Terni-Narni-C21H04000080005;
Logistics platform of Foligno-C91H04000240005;
Logistics platform of Citta ' di Castello-S. Justin-C31H04000120005. That code will be highlighted throughout the administrative and accounting documentation concerning the intervention in question. 3. Grant contribution. 3.1 for the realization of logistics platforms of Terni-Narni, Foligno and Citta ' di Castello-San Giustino Umbria region is assigned a maximum contribution for 15 years, amounted to 2.680 Million annual which provides through reduction of the fourth 15-year commitment required by art. 13 of law No 166/2002 and from 2005. The contribution is calculated by including in the cost of investments also expenses arising from any necessary funding. The Ministry of economy and finance will provide the Ministry of infrastructure and transport and the awarding authority any indications that considers appropriate for a more precise definition of the mode of attribution and contribution. 3.2 the awarding authority is located in Umbria. 4. General provisions. 4.1 the Ministry of infrastructure and transport will ensure, on behalf of this Committee, document retention components preliminary draft of actions to undertake "Plate logistics umbra» hereby approved resolution. 4.2 when examining the final design, the Ministry will provide verification of compliance that, in accordance with paragraph 2.3, should be incorporated in the planning stage. Said the Ministry will also ensure that, in the later stages to the approval of the final design, the implementation of the other requirements of paragraph recalled. 4.3 the mentioned Ministry will establish an adequate monitoring mechanism and to undertake the necessary steps to enable the Committee to fulfil the supervisory task under art. 2, paragraph 2, point d) of Legislative Decree 190/2002, even taking into account the indications pursuant to resolution # 63/2003.
Roma, May 27, 2004 the President-delegate Tremonti the Secretary of C.I.P.E.
Baldassarri Recorded the Court of Auditors on December 17, 2004 Office of control over economic and financial Ministries, registry # 6, economy and finance, sheet # 206