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 and giving, among other things, to this Committee, supplemented by the Presidents of regions and autonomous provinces concerned, the task of approve the preliminary and final plans of the works; 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 area of ​​responsibility of the Ministry of Infrastructure and Transport, providing for the issuance of a decree of the Minister for Infrastructure and transport, in consultation with the Minister of economy and Finance, for the identification of persons authorized to contract loans and make other financial transactions, to define the mode 'of payment of sums due by the financial institutions and borrowers for the quantification of the units to be used for activities' design, appraisal and monitoring; Given the aforementioned article. 1, paragraph 1 of Law 21 December 2001 n. 443, so 'as amended by art. 13 of the Law of 1 August 2002, n. 166, which establishes the automatic insertion of the operations covered by the program in the institutional arrangements of the program and in the framework program agreements in the water and environmental sectors; Having regard to Legislative Decree 20 August 2002, n. 190, implementing art. 1 of the mentioned law n. 443/2001; Having regard in particular art. 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 'investigation on approvandi projects and support function 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 Minister for Infrastructure and Transport n. 5279 dated March 20, 2003, issued jointly with the Minister of Economy and Finance and with which, pursuant to Art. 13 of Law no. 166/2002, have been identified the persons authorized to contract loans and make other financial transactions and of the sums owed by financial institutions to borrowers the mode 'delivery have also been defined, as well as' quantified quotas to be used for activities' design, appraisal and monitoring; 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 first program of strategic works, that Annex 1 shows the subsystem "Water Schemes" she "Interventions for the water emergency in the mainland and island Noon" and Annex 3 specifies the actions covered by the plan of water schemes for the region of Sardinia including and 'recompressed intervention "Interconnection between the watersheds for the transfer of water resources: Tirso River House-connection", allocating for said work, in via programmatic, totaling 524.720 Meuro; Given the Economic and Financial Planning Document (DPEF) 2003-2006, which, among other things, highlights, inside the program adopted by the said resolution, the measures which, by size, incisiveness' on the national territory and relevance of international scale, are all key parts of the action taken by the Government in the infrastructure sector, and which include the "Measures for the water Crisis in continental and insular South"; The Order of the President of the Council of Ministers of 13 December 2001 by which 'was extended by the water emergency in Sardinia until the date of December 31, 2003, confirming, until that date, the commissioner's powers already' attributed to the President of region of Sardinia; Given the order of the Government Commissioner for the water emergency in Sardinia on 20 March 2003, n. 347, which approves the final design and governs the relationship of trust intervention, "Interconnection of the water systems of the Tirso and Flumendosa-Campidano and better utilization of the Tirso valley basins-Fluminimannu Pabillonis-Mogoro 1st and 2nd lot"; Given the order of the Government Commissioner for the water emergency in Sardinia "Implementation of Legislative Decree 20 August 2002, n. 190 », n. 353 of 20 June 2003 (Official Gazette no. 155 of 7 July 2003), that, given the extreme urgency to start the realization of the work referred to above, which is considered essential to ensure relief to the water system in southern Sardinia highly deficient, provisionally it financed the intervention, for the full amount of € 71,500,000.00 with the government commissioner funds for the water emergency, pending the anticipated funding that will be 'arranged with CIPE resolution to rely on resources in art. 13 of Law no. 166/2002; Note view n. 246 of 23 June 2003, subsequently replaced by footnote. 318 of 17 July 2003 by which the Ministry of Infrastructure and Transport has submitted, inter alia, for water schemes Sardinia region the updated report on the investigation '' interconnection of water systems Tirso and Flumendosa-Campidano and better use of basins valleys Tirso-Fluminimannu Pabillonis-Mogoro 1st and 2nd lot "which, as attested in the same report investigation, corresponds to that referred to in the CIPE resolution n. 121/2001 "Interconnection between the watersheds for the transfer of water resources: Connecting Tirso-House River" and proposing a funding resource of 67.085 Meuro against the cited law no. 166/2002; Deemed to adhere to the proposed allocation of resources for the intervention in question, which, precisely because of the persistent critical conditions 'and' considered a priority and urgent for the water emergency is exceeded in Sardinia order for civil protection over callback; Since, as noted above, the intervention in question 'was provisionally funded for the full amount from the Government Commissioner for the Water Crisis, and that, consequently, it is appropriate to burden assignments, out of the former art resources . 13 of Law no. 166/2002, the expenditure limit of the years 2002 and 2003; Having heard the proposal of the Ministry of Infrastructure and Transport; Acquired in session on this proposal 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: under the infrastructural aspect: that the work to be carried out has particular strategic value, since absolve 'the basic function of resource transfer from the dock Tirso area Flumendosa-Campidano, characterized by a heavy water deficit; that the intervention and 'reported in the following programmers acts: basic document for the definition of the Agreement State-region framework program on water resources and' was signed on 26 February 2000, the district plan approved by the Commissioner ordinance the water emergency no. 321 of 30 September 2002 and final settlement plan approved basin with the same Commissioner Ordinance no. 334 of 31 December 2002; that the general plan of works and 'divided into three lots. The works of the first two lots are considered the most 'urgent by the Commissioner, they are the subject of this resolution and include: the main supply line, developed the final design level Ente Autonomo del Flumendosa (EAF); works of derivation of Rio Mogoro and adaptation of existing irrigation outlets. The design of the latter works and 'at preliminary and final design (which must' implement the requirements specified in the approval of the preliminary), and 'was entrusted to the Consortium dell'Oristanese remediation and reclamation Consortium of Sardinia Southern, as it works closely interact with the existing competence of such consortia; under the administrative aspect: that the autonomous body of the Flumendosa and 'was identified as the contracting authority, pursuant to Legislative Decree n. 190/2002; that with regard to the authorization process of the works included in the "Final design: works of 1st and 2nd lot-line main feed": the authorization process and 'was carried out by the EAF in earlier times to the presentation of project documentation to the Ministry of Infrastructure and Transport; The works in question were not considered to be subject to national and regional environmental impact assessment procedure; the CTAR its meeting on 4 December 2002, with no vote. 826 gave a favorable opinion on the final draft, while indicating the requirements for the works of derivation covered in the preliminary draft; the Department for Cultural Heritage - Service protection of the landscape in the provinces of Cagliari and Oristano, in letters dated 8 October 2002, prot. n. 5679 and on 10 February 2003, prot. n. 1065, authorized the creation of the intervention proposed with prescriptions; the Superintendence for Cultural Heritage of Cagliari, in a communication of 3 February 2003, prot. n. 1146, confirmed the favorable opinion with prescriptions to the works envisaged in the project; the EAF has sent a copy of the final draft to each of the governments involved in the project as well as' to interfering works managers; all administrations concerned by the works have released regular building permit or building permit or, in the case of the municipality of Pabillonis impediment to the realization and in the case of the municipality of Terralba favorable opinion to the project; the EAF, given the large number of land parcels and the corresponding holders, sent to the municipalities concerned copy of the notice of initiation of the Directory to 'process it might be given to public communication and that no observation and' received EAF in proper time limits ; that with regard to the authorization process of the preliminary project relating to additional junction works: the CTAR, as indicated above, at its meeting on 4 December 2002, with no vote. 826, approved the preliminary design of the works in question with requirements, specified below, regarding derivative work of the Rio Mogo; the Government Commissioner for the water emergency in Sardinia, by order no. 353 of 20 June 2003, ordered that such assessment is carried out before approval of the final plan; the permissions of the authorities involved in the project as well as' those relating to interference were acquired in connection with the project for the main feed line; that as regards the requirements on the final draft of the derivative work of the Rio Mogo it must 'be approved subject to the incidence occurs in art. 5 of Decree of the President of the Republic of 8 September 1997, n. 357; in financial terms: the economic framework for the project in question, approved by the Government Commissioner for the Water Crisis in Ordinance no. 347 of 20 March 2003, provides for an overall cost of 71.50 Meuro, including an acceleration premium, for a total of 4.415 million euro, to reduce the time of implementation of the intervention from eighteen to twelve months and with reference to procedures the race with the time of execution of the works; that, for starting the works award procedures through integrated contract, executive planning and execution works, the Commissioner for the emergency, by order no. 353 of 20 June 2003, in order to accelerate the execution time, given the extreme urgency to start the project execution has used, by anticipation, the commissioner's funds, with the intention to reinstate this budget with the funding that will be 'decided by this resolution over any of in art resources. 13 of Law no. 166/2002; that, therefore, for the '' interconnection of water systems Tirso and Flumendosa-Campidano and better utilization of the valley basins Tirso-Fluminimannu Pabillonis-Mogoro 1st and 2nd lot "is proposed for the biennium 2003-2004, the funding of a total amount of Euro 67,085,000.00, from a fund under Article. 13 of Law no. 166/2002, broken down as follows: main feed line (final draft) EUR ================================ ================= Funds ex art. 13 Law no. 166/2002 ----------------------------------------------- - 2003 | 2004 | total | | 19,320,000.00 | 44,465,000.00 | 63,785,000.00 complementary derivation works (preliminary draft) EUR ==================================== ============= Funds ex art. 13 Law no. 166/2002 ----------------------------------------------- - year 2004 3,300,000.00 that in view dell'avvenuta anticipation of the necessary resources for the realization of the entire work to be worth on the commissioner's funds mentioned above, were already 'started the procedures for the award of the works contract by means of integrated, detailed design and execution of the works; Resolution: 1. At operation "interconnection of water systems Tirso and Flumendosa-Campidano and better utilization of the basin valleys Tirso-Fluminimannu Pabillonis-Mogoro 1st and 2nd batch 'and' awarded a contribution, in terms of investment volume, of 67.085 million euro, which still represents the upper limit of expenditure to be financed from the resources are ever art. 13 of Law no. 166/2002 and 'so' divided, as indicated in the introduction: 2002: 50,619,000 euro; 2003: 16,466,000 Euros. The expense relating to each tax period 'of both years is recorded on the fifteen-year commitment limit authorized by art. 13 of Law no. 166/2002 for the same YEARS '. The annual share of contributions can not 'exceed the amount of 4,601 Meuro for the limit on the year 2002 and the amount of 1,497 Meuro for the limit on the year 2003. 2. The person authorized to contract loans or to perform other financial transactions pursuant to art. 13 of Law no. 166/2002 and 'Ente Autonomo Flumendosa. 3. The Ministry of Infrastructure and Transportation dara 'implement this resolution, taking into account the requirements set out in the introduction, with the modalita' established by the inter-ministerial decree 20 March 2003 n. 5279, issued pursuant to the aforementioned Article. 13 of Law no. 166/2002. 4. The Ministry of Infrastructure and Transportation will provide 'to establish appropriate monitoring mechanism and to carry out the steps necessary to allow this Committee to fulfill supervisory duties provided for by art. 2, paragraph 2, letter d) of Legislative Decree n. 190/2002 and the inter-ministerial decree referred to at paragraph. Rome, July 25, 2003 The President delegated Tremonti The secretary of the CIPE Baldassarri Join the Court of Auditors 29 October 2003 Audit Office Financial Ministries, log n. 6 Economy and finance, page no. 175