THE PROVINCIAL GOVERNMENT heard the report; Given the project and the environmental impact study on intervention in question, notice of the initiation of the public via the procedure, according to art. 6 of Law no. 349/1986, 'was published in the newspapers Corriere della Sera, South Tyrol, Trentino, Dolomites, The Alps, The Arena, on 10 June 2003 and subsequently renovated, with the upgrade of some design documents found erroneous, the on 20 June 2003; Given the decision of the provincial government n. 1485 of 27 June 2003; It took note of the preliminary content of the report drawn up by the Provincial Environmental Protection Administration, filed with the secretary of the Provincial Committee for the Environment on 12 September 2003; Given the opinions required under Article. 5 of Provincial Law 29 August 1988, n. 28 and subsequent amendments to the provincial services and other administrative departments specified in the introduction, acquired at the conference of 10 September 2003 services; It noted that written comments are not received in art. 4 of provincial law 29 August 1988 n. 28, as amended; According to the deliberation of resolution no. 24/2003 of 12 September 2003 of the provincial committee for the environment, attached as an integral and essential part hereof; Considering that the path to the left bank of the Adige river called "Alternative 2 - wall" is altogether compatible with the purpose 'required by provincial law 29 August 1988 n. 28, as amended; Having regard to Law 21 December 2001 n. 443 (delegating to the Government matters of infrastructure and strategic installations of production and of other action for the release of the attivita 'of production); Having regard to Legislative Decree 20 August 2002, n. 190 (Implementation of the Law of 21 December 2001, n. 443, for the construction of infrastructure and strategic installations of production and of national interest); Given the Statute of the Trentino-Alto Adige region, and in particular Articles 8, 9 and 14; Having regard to Articles 117 and 118 of the Constitution in conjunction with Art. 10 of the Constitutional Law October 18, 2001, n. 3; Having regard to Articles 18, 20 and 21 of the Decree of the President of the Republic March 22, 1974, n. 381 (Provisions implementing the Special Statute of the Trentino-Alto Adige region in the field of urban planning and public works); In view of art. 4 of the legislative decree 16 March 1992 n. 266 (Provisions implementing the Special Statute of Trentino-Alto Adige concerning the relationship between state legislation and regional and provincial laws as well as 'parental authority' state of direction and coordination); In view of art. 6 of the Law of 8 July 1986, no. 349 (Establishment of the Ministry of environment and rules on environmental damage), and its implementing rules; View Provincial Law 29 August 1988, n. 28, as amended, entitled 'Rules governing the environmental impact assessment and other environmental protection standards', and its implementing regulation approved by DPGP 22 November l989, n. 13-11 / Leg., As subsequently amended and supplemented; Given the provincial law 30 November 1992, n. 23, on "Principles for democratization, simplification and participation in the action and provincial administrative rules on administrative procedure '; In view of art. 11, paragraph 4, of DPGP November 22, 1989, n. 13-11 / Leg., As amended; For unanimity 'of the vote, expressed in the forms of law;
Resolution: 1) To express a negative review regarding the compatibility 'of the preliminary environmental project called "Quadruplication the railway line Verona-Fortezza southern access to the Brenner Base Tunnel railway axis Monaco-Verona. LOT NO. 3 - Bypass Trento ', as regards the realization of the track that develops in the right bank of the Adige river, proposed by Italferr Spa in the name and on behalf of Italian Railway Network Spa, in conformity' to the negative opinion of the Provincial Committee the environment in the minutes of deliberation n. 24/2003 of 12 September 2003 which forms an integral and essential part hereof; 2) To express positive assessment as to the compatibility 'environment of the project referred to in point 1), relating to the implementation of the alternative route called the' Alternative 2 - wall ", proposed by the Autonomous Province of Trento, in conformity 'to the favorable opinion of the provincial environmental committee in the aforementioned minutes of deliberation n. 24/2003, subject to compliance with the requirements set out below: the study of environmental impact and the plan must analyze the entire route falling within the territory of the Province of Trento, from the northern border to the southern border, possibly by splitting the same batch functional for the construction and defining the priorities' realization; the possible division into lots in priority 'different must be accompanied by an analysis on the possible repercussions in the medium and long term, both in respect of the road network of the station, also in function of the realization of any lots outside the province; They must be defined for accompanying measures to encourage the use of rail and then transfer more goods of this transport system; must be made specific and detailed geological studies, hydrogeological and geotechnical in order to define in detail the characteristics of crossed rock masses and define, with as little uncertainty as possible, the exact path to follow, also to ensure the safety and liveability 'conurbations concerned; They must be made specific and in-depth analysis and studies to determine the possible effects, both short and long term, related to the depletion of water resources, surface and groundwater, by defining any compensatory measures; the analysis must take into account both the existing derivations for drinking water use and those for irrigation purposes; crossings of the main water courses must be designed using, which return time allotted for the determination of the design flow, the 300-year value and maintaining a frank hydraulic possibly much higher than the legal minimum. The artifacts must be such as not to change the current running parameters; crossings of the secondary watercourses must be designed using, which return time allotted for the determination of the design flow, the 200-year value; the environmental impact study should investigate the possible interaction between the track and protected areas (biotopes, SCI, etc.), although derived by crossing sites in the gallery. In particular it should be highlighted for interference with priority habitats; the environmental impact study must provide a programming framework designed to envisage the recovery of certain existing infrastrutturazioni, possibly abandoned as a result of project execution; It must be studied the environmental and landscape integration of interconnections, respecting any particularly significant emergencies in terms of architecture and environment; must be in-depth detail on the landscape themes of the works (logistic places provided to the inputs of the windows of the different galleries and art in general) so that different artifacts can find a concrete approach with the territory, cause location, settlement and mitigativi; They must be identified on the territory of the areas destined to landfill of the resulting material and traffic flows induced relating to the handling of these remarkable amount 'of material;
must be studied the possible interference with the works provided by the provincial plan of mobility 'for the next 10-15 years, in particular with the possible completion dell'A31; 3) to represent the State the need 'to Lot 3 (ring of Trento and Rovereto) has the same level of priority' of the remaining three priority items considered by RFI in the project presented and that batch still consider the entire length of the ring road city ​​of Trento and Rovereto; 4) to represent the State the need 'for a new environmental impact assessment with regard to the route proposed by the Autonomous Province of Trento known as the' Alternative 2 - wall ', to be made on the final draft, however, in compliance with Provincial Law of 29 August 1988 n. 28; 5) to establish, in accordance with art. 9, paragraph 1, of the provincial law 29 August 1988 n. 28, as amended, that the effectiveness of the positive environmental impact assessment has ten-year duration and can be extended in relation to the needs of realization; 6) propose to the State the construction of the track in point 2) within the institutional agreement, provided that the purpose of the urban location of operations are observed in the provincial town plan variation procedures, pursuant to art. 21 of the Decree of the President of the Republic n. 381/1974 and the provincial law September 5, 1991, n. 22; 7) stress that this provision does not constitute acquiescence in the appeals submitted by the Autonomous Province of Trento to the Constitutional Court against the law n. 443/2001 and Legislative Decree n. 190/2002; 8) to arrange the transmission of copy of this decision to the relevant state ministries, Italferr Spa and Italian Railway Rete Spa; 9) to arrange the publication of this decision, in extract, in the official bulletin of the Trentino-Alto Adige region and in the Official Gazette of the Italian Republic. Under the provisions of art. 7 of the Provincial Law of 29 August 1988 n. 28, as amended, against the present provision and 'may be challenged in opposition to the provincial government from interested parties within thirty days from the date of publication of the relevant resolution in the Official Bulletin of the Trentino-Alto Adige region. Meeting closed at 13.30. The minutes read, approved and signed. Trento, September 17, 2003 The President: The executive Dellai: Moreschini