ADJUSTMENT ACT Given With some exposed to this Authority 'for the Supervision of Public Works, were reported to public administrations taking behavior contrasting with the provisions of Law 11 February 1994, n. 109, and the laws on civil servants, as amended, hereinafter referred to as leggequadro, with specific reference to design assignments and related activities' of tecnicoamministrativo support. In relation to the questions, the Council of the Authority ', in its meeting of June 15, 1999, resolved to prepare a background paper for the detection, with reference to the denounced hypothesis, the general regulatory framework of reference and, therefore, make "the observance of the legislative and regulatory framework for" task remitted to the Authority 'in articles 1 and 4 of the framework law. Prepared the document stated, was provided to its spread and urged the governments, organizations operating in the sector, orders and professional associations in order contributions to the specific questions raised. They are acquired, so ', memories and documentation, and we proceeded on September 30, 1999 in an oral discussion, the conclusions of which are transcribed (all documentation and' at the Authority offices 'and and' allowed access) and the Council of the Authority 'in its meetings of October 12, 2 and 4 November 1999 took the following resolution. Considered 1. Article. 17, paragraph 1, of the framework law contains a list of subjects which may be required by the contracting authorities and contracting entities or other public works filmmakers (of cuiall'art. Leggequadro 2) "the performance for the preliminary design, final and executive nonche 'to the management of works and of tecnicoamministrativo support positions to the attivita' of the sole administrator of the procedure and the competent director to the formation of the three-year program in art. 14 ". That list covers the technical departments of the awarding entities, the consortium office design and construction management, bodies of other public authorities referred contracting ones can avail by law as well as 'free individual or associated professionals, companies' professionals and those engineering and their temporary groupings. It should be said that a special framework for procurement in the excluded sectors and 'contained in art. 17, paragraph 14 septies of leggequadro and that the tasks mentioned above are "services in the field of architecture, engineering and other technical services", as provided for in category 12 of Annex 1A Directive 92/50 EEC of 18 June 1992 (CPC reference number 867) transposed into national law with the legislative decree 17 March 1995 n. 157. Also at the outset, and 'to consider that the legislation formulation that does hold the listing of foster its performance with regard to the design from the verb "shall act", by' certainty of the obligatory nature 'of the list, on the other hand exhaustive, of possible subjects. E ', however, to be determined whether that list you give an order to the choice between two hypotheses. The first in which the benefits are related to offices, and for them to physical persons that are involved, their contracting authorities or by other public administrations of which the first will perform up (internal design); The second one, in which they, under certain conditions specifically identified, making use of professional external parties work, private individuals or private legal entities, however unrelated to the administrative organization in general (external design). As regards the relative performance of works management and testing there and 'specific rules (Articles 27 and 28 of leggequadro) that will be' examined later. It should be noted that in leggequadro are not considered the problems concerning the general activities' of resource usage control, when they are granted by government to other stakeholders in the sector. 2. The problem under consideration must be taken, in the first place, in consideration with reference to the attivita 'design. In the final text of article. 17, paragraph 4, of the Framework Law (so 'as replaced by art. 6 of the law 18 November 1998, n. 415), and' it was deleted the reference (introduced by Legislative Decree 3 April 1995, n. 101, converted with Law 2 June 1995, n. 216, who had for the first time the generalized possibility 'for the government to rely, for the performance of the services relating to the design, the "external collaboration"), the "absolute priority' 'for use of the use of its offices interior. On the basis of the current text, it is, therefore, removed the disfavor, already 'contained in the law of 20 March 1865 n. 2248, Annex F and explicitly stated in the Royal Decree of 8 February 1923, n. 422, art. 1, in respect of planning and similar activities' tecnicoamministrative committed to persons outside the apparatus and is made derogated public technical expertise on the implementation of public works. It turns out, altresi ', confirmed the legislation choice of framework law concerning the possibility' to involve the private sector in the attivita 'considered. Can not ', however, logically mean a free action, alternative, internal or external design, if only for the subordination, specifically established by art. 17 examined the occurrence of absolute hypotheses about the use of external design. These "cases", qualifying them as the norm, not involve moments of discretion of public administration, as concretized in situations of fact, detectable using weightings only technical and therefore 'entrusted to the technical manager of the proceedings, that must accomplish and "certify," says the law, thus confirming 'the lack of any assessment with discretionary connotations'. 3. The internal design in the first two cases mentioned in a) and b) of Art. 17, paragraph 1, takes the form of services provided by public "offices", to be understood - according to the common notion - as a complex of means and of physical persons associated with them, and that employees are identified, or in particular internal technical articulation of the public administration , or in the common technical structure consortium of more 'local authorities. The third hypothesis (c) of art. 17, paragraph 1, is, however, in a reference to all the legal provisions that provide for the possibility 'for the government to rely, for the planning of public works, of other administrations using, in turn, their "bodies ", ie 'own offices. The fact that the services related to the design relate to an activity 'human purely intellectual and content corresponding to that right in a liberal profession, exercised individually, not alter the view that, in our system, the technicians belonging to public office conducted activity 'liberal profession as perpetrated by its intellectual processing of the professions. What, however, and 'true,' the activities' planning carried out by public officials' activities' professionally qualified, but not a liberal profession. This professional qualification and 'guaranteed by the framework law with the experts predict that the competent offices (art. 17, para 2), in addition to the guarantee given by the selection for access to employment, must have in order to sign the draft enabling the exercise of the profession, or, for technical graduates, the previous exercise in similar positions, considered equivalent. And 'significant that in such ways has amended the original version of the standard, as introduced by Law no. 216/1995 cited and which also included the need 'to the competent professional body membership, because this change is proving the non-decisive nature, the purpose of the objective reliability' of the performance of that registration. Vale, altresi ', note that all the problems relating to the registration as public servants is not relevant under the profile now under consideration; I can 'have with regard to the attivita' limits of public servants such as freelancers, according to the general rules on civil servants. This' as the review carried out by professional bodies "does not extend generally to the professionalism 'of a certain activity' ', but concerns only" those who exercise the profession, expounding the attivita' professional by means of work contracts directly with the customers of the public, or for certain professions, employed by private entrepreneurs ", and therefore falls outside the jurisdiction of the professional orders" control of public officials who pay, employed by public administrations, attivita 'of content corresponding to that of professional services "(Cons. of State, sect. V, 23 May 1997, n. 527). It 'has value, in order to assimilate the internal design attivita' free professional, the fact that both request to the public servant the signing of the project (art. 17, para 2). This signature involves, as with any activity 'own civil service, the assumption of responsibility' criminal and accounting, 'cause it comes to responsibility' character "personal." these are supplemented only - always under the assumption that if the necessary conditions arise - responsibility 'general third-party designer, sympathetic to the administration of origin, in terms of the general rules on civil servants. and the risks specifically related to the latter responsibility 'refers, at least, the insurance policy to be concluded, pursuant to the following paragraph 3, art. 17, with deduction of expenses related to the administration of dependence. 4. it follows from these premises the consequence that, in the case of internal design, as previously identified, the relative performance of employees, insiders relevant departments, to be made directly on the membership administration, and 'to consider turning point "ratione offici" and not "highly personal" and resolves "in a mode 'to conduct the civil service" (Cass. Civ. Sec. A. April 2, 1998, n. 3386), under whose laws and regulations on the basis of collective and individual bargaining is therefore necessary to identify the terms of their remuneration. In this perspective, and 'therefore, to frame the provision concerning the promotion of art. 18, paragraph 1 and 2 of the Framework Law, the fixed text by art. 13, paragraph 4, of the law 17 May 1999 n. 144 and on the obligation to pay compensation to be distributed among employees more 'specifically concerned with finalita' incentive and rewarding for the performance of its services office of belonging, resulting expressed repeal of Article. 62, paragraph 4:05 of rd October 23, 1925, n. 2537, which had become incompatible with the system outlined. It remains of course to the perception of compensation for the possible contribution of other and different assignments whose permission, may have the technical as all other public employees pursuant to art. 58 of Legislative Decree February 3, 1993, n. 29, as amended. 5. Article. 17, paragraph 4, of the framework law, it may 'resort to "external" "planning in case of shortage in staff of technical personnel in the contracting, or Difficulty' to respect the times of their work schedules or to perform the functions of institution, or in case of special works complexity 'or architectural or environmental significance, or in case of need' to prepare integral projects, so 'as defined by the regulation, requiring the input of a plurality' of skills. " In the final formulation of the regulations as laid down by Law no. 415/1998, the use of external design and 'permitted, as well as in the case of shortage of the contracting authorities, as established in the previous text, even in the case of particular complexity' of its design processing. To be able to appeal and 'necessary, as stated, the existence of any of the mentioned assumptions, established and certified by the sole administrator of the proceedings. Possible appointment of the external design Caregivers are either: the individual freelancers or associated in the forms of the Law of 23 November 1939, n. 1815, as amended, the companies 'professionals and the companies' engineering as governed by art. 17, paragraph 6 and 7 as well as' their temporary groups (art. 17, paragraph 1, d, e, f, g). The appointment of external design in general must 'be conferred by means of the Convention (art. 17, para 12-bis) leading to a service contract to be awarded in compliance with specific procedures that involve: the application of the EEC Directive 92 / 50, as implemented in the domestic, for the contract exceeds the threshold of 200,000 ECU; the appeal - to be specific further regulatory discipline - a comparative evaluation of curricula presented by the designers, procurement included in the 40,000 and 200,000 ECU threshold; in trust for contracts whose estimated value is less than 40.000 ECU (Art. 17, paragraphs 10, 11 and 12). 6. From the discipline as outlined above, it emerges that the national legislature, in shaping the institution of external design, essentially it continues to consider its performance with constant reference to natural persons who own, with continuity 'and assumption in own of the relative risks, practice their profession. The circumstance and 'indisputable, given also the textual data, with reference to the hypothesis, which, particularly interested to the investigation in question. Article. 17, paragraph 1, letter d), with the relevant indication to the "free individual or associated professionals", refers to persons who individually such activities' exert a relationship of subordination with the client, but not occasional. The same conclusion is also arrived at by reference to the rules concerning the companies' professionals and engineering that - notwithstanding the principle of art. 2 of Law no. 1815/1939, which contains the ban on holding company forms in the professions that require membership of rolls have been provided by the framework law for need of conformation with the Community principles of maximum competitiveness' and transparency and the prohibition of discrimination resulting from dell'affidatario configuration as natural or legal person. This framework, in outlining the structure of those entities', indicates the professionals enrolled in the relevant professional associations; Moreover, art. 17 under review, in paragraph 8, provides that "whatever the legal nature of the assignment the contractor who, it must be carried out by professionals registered in the appropriate registers provided for in the applicable professional regulations, personally responsible and nominally indicated already 'when presentation of the offer, with the specification of the respective professional qualifications ". In such a legal framework, and there 'no reference to custody of the performance related to the preliminary, final and executive, to employees of the contracting authorities or those of which they wish to rely. This lack of reference and 'consistent with the general rules governing the civil service, which by art. 58 of Legislative Decree n. 29 of February 3, 1993, in the version following the amendments by the Legislative Decree n. 80 of 31 March 1998, extends to all public employees 'discipline of incompatibility' dictated by Articles 60 and following of the consolidated text approved by Decree of the President of the Republic n. 3 of 10 January 1957 "; legislation specifically involving the foreclosure exercise, as well as Trade and Industry, of "no profession", to be understood as already 'made it clear in the sense of activity' free professional. And what 'as a result of incompatibility' logic before it legal (except, however, some specific assumptions relating to sectoral regulations with special arrangements and in the second sentence of paragraph 1, art. 58 of Legislative Decree no. 29/1993) between the profession as previously intended and the civil service, traditionally a requesting exclusivity 'of work performance in favor of the administration of dependence, not payable by those who also performs professional services. It 'legislation leads to a different conclusion on the "contribution" of appointments to public servants and in particular the second paragraph of that article indicated. 58, which states that "the government can not give assignments to employees, not included in the tasks and duties of office, which are not expressly provided for or regulated by law or other authority or which are not expressly authorized." While considering himself, in fact, that the final disjunction (or), contained in the standard, allows to assume, in addition to those specifically required by law, additional assignments assignable only to employees in their assumption of express authorization by the administration, can not 'not noted that such authorization, however, potra' be arrived only in the case of occasional character 'and occasional' of the appointments. But the external design, in accordance with art. 17, paragraph 1 of the Framework Law, can 'be committed, as mentioned earlier, only to persons who professionally exercising the activity' and therefore can not be identified in general, but expressed regulations exceptions, with those who have the quality ' public employees. 7. Except '- if you can' to refer to the regulations on civil servants to find the confirmation of foreclosure the option of appointing civil servants - you can not 'neglect to consider of all legislation contained in it to complete the framework of rules governing the activities' allowed to the employees themselves. In other words, it would not be consistent settle into a position that considers the rules on public works as a special discipline that excludes the application of the general rules which are, in fact, those dictated in matters of public employment. And those general rules have placed a distinction between government employees with employment and full-time government employees with part-time employment and job performance at least 50 percent of that of the full-time. For full-time employees that is, no chance 'of exceptions, the assignment ban on assignments such as those under consideration by the public authorities, as provided for freelancers, because' they repeated, may not exercise "profession". For employees not full-time legislation is 'so' evolved. With the law 29 December 1988, n. 554 (Art. 7), and 'been extended to the public sector the possibility', previously allowed only for the private law work, to set up a relationship involving a service timetable lower than normal, making reference, for appropriate implementation regulations , for the specification, relative discipline. By decree of President of the Council of Ministers March 17, 1989, n. 117, and 'it was also agreed that, subject also to the type of employment relationship the application of the legislation on the full-time, were allowed "to relevant staff and that means' with a part time and on reasoned authorization of' administration institution exercise of other benefits, which does not (being caused) damage to the service needs and not (they) are incompatible with the activities' of institution of the same authority or entity ". Later, with the art. 1, paragraph 56, of the Law of 23 December 1996, n. 662 (connected to the financial for 1997), and 'was further directed that, for employees of government in employment in part-time and performance up to 50 percent of the ordinary, the standards applied not mentioned art. 58 of Legislative Decree February 3, 1993, n. 29, which, in regulating the incompatibility 'for public employees, continued to foreclose - even for those in part-time - the simultaneous exercise of the' free professional. Provision was then confirmed and further identified with paragraph 56 bis added to the said Article. 1 of the given law 662/1996 and as introduced by art. 6 of the Decree Law of 28 March 1997, n. 79, converted into Law 28 May 1997, n. 140 which explicitly provides for the repeal, for part-time employees in question, the rules which prohibited the entry in registers and the exercise of attivita 'free professional; with foreclosure, however, for employees enrolled in such registers and who performed the said activities' professional, the "contribution" free to act on behalf of "general government". Ban, the latter, clearly intended to mitigate the dangers of possible constraints and favoritism that could otherwise be configured in relation to the possible 'that the government would confer (and that means' grant discretion) professional assignments no office in subjects , albeit with limited working time, were its employees at the same time. This prohibition, however, and 'was considered and should still be considered not active (and in these ways also concluded the circular of the Prime Minister's Office - Department of Public Service, July 18, 1997, no. 6/1997) in case the professional assignment allocation achieves, not already 'with a choice of trusteeship, but rather' a consequent selective mechanism to a procedure akin to bankruptcy for which they have no reason to be aimed at avoiding the concerns of the recalled, possible pressure or favoritism, and so, therefore, you could not talk about prohibition of "contribution" of assignment. In that context that Article. 9, paragraph 30, of the law 18 November 1998 n. 415, added the 2-ter subsections ( "Public employees who have an employment relationship part-time can not carry out, in the territorial office of belonging, professional assignments on behalf of public authorities of art. 1, paragraph 2, of Legislative Decree February 3, 1993, n. 29, as amended, unless subsequent to employment ") and 2-c (" E 'prohibited the assignment of attivita' of design, construction management, inspection, investigation and attivita 'of half-term contracts support determined or procedures other than those provided by this law ") art. 18 of the framework law. from these provisions shows the clear intent of the legislature to introduce further restrictions to protect, above all, the need to secure and make visible the fairness and transparency of the attivita 'administrative requirements that could be compromised iN tHE EVENT' that an outside professional task should take place within the territorial office of membership of a professional public servant. So ', he considered that it should prohibit the public servant carrying out, in this geographical area, each office having free professional nature, whether mandated by its membership administration, whether committed by other public administrations; it being understood, however, that the same was left still permitted (which, however, was already 'implicit in the system) completion of activities' corresponding to those of their professions, if they relate to the employment relationship and then given as a duty to office in the operation of that relationship. It was believed, then, of having to explicitly intervene to avoid any possibility 'of circumvention of the requirements as previously defined; for which it was formulated a ban (paragraph 2-c), let 'say, the system's closure; involving a ban, is the foreclosure award contracts for the design (as well as' work supervision, testing and any attivita 'of support) by using forms of fixed-term employment contract (which is' different from that in defined time) is using mode 'and procurement procedures other than those explicitly provided for in the framework law. It should be noted that the only activity 'reliable with fixed-term contract, and' that of sole responsibility of the proceedings. 8. Well, from those outlined in paragraph 7 above, that the time-dependent and defined working hours at or below 50 percent of normal - because it was considered too freelancer - can certainly be entrusted with the bans also of whose territorial limitations indicated, external professional tasks, for the amounts that imply the use of competitive procedures to public evidence, as defined above, and with the right to compensation. For planning assignments with an estimated value and 'less than 40,000 ECU and for which the contracting authorities may proceed to a choice "of their choice" is not', however, it permitted to rely on temporary employees defined in ostando this possibility 'the continuing (and not revoked) a ban on "assignment" of offices referred to in the aforementioned Article. 1, paragraph 56- bis of Law no. 662/1996. This 'as the contracting authorities shall, if so, to a choice "of their confidence" for which does not use the rationale of the exception to the general prohibition before that, and that' it would be improper to exclude a priori a category of professionals like participating in races, as inconsistent with the principle of competition. Indeed, it is clear in the case of choice of "trust" the opposite situation of possible violations of these principles to be a potential position of privilege in access to these assignments. It 'a different interpretative conclusion, in relation to the latter case, can' be arrived on the basis of a withholding specificity 'and COMPLETENESS' the rules contained in Articles 17 and 18 of the framework law on the custody of professional duties; or Whereas, also for the assignment of positions of trust, public administration and 'still required to justify the choice in respect also of reasonableness' principles and equal' treatment of art. 97 of the Constitution. As regards the first consideration, it does not seem, in fact, even considering the specificity 'of the legislation in question, that the prediction of the two bans, as introduced by art. 18, paragraph 2-ter indicated, both achieved an implied repeal of more 'broad prohibition (the "contribution" of offices by public authorities), as set out in the general legislation, and on the fixed-term employment relationship defined. How, then, to the second point, it must be remembered that the obligation to state reasons respect, even in the case of fiduciary appointments, constitutional principles of impartiality 'and good performance, do not support the view that compliance should result in a process of selective and competition, to which only exist may' constitute a possibility 'for a defined time employees access to the award of public office as defined in paragraph 1 of article. 17. Only if such a procedure is adopted, the administration also chosen for the design assignments with amounts less than ECU 40,000 may be awarded to a part-time technicians. To employees with temporary employment relationship defined and ', then, allowed, in any case, and regardless of any territorial limitation, perform "internal" attivita' design in the interest of the administration of belonging and in relation to the benefits inherent the employment relationship, and, of course, and without the need for authorization as prescribed for the full-time employee, of each other attivita 'free professional in the field and in favor of public entities other than administrations in art. 1, paragraph 2, of Legislative Decree February 3, 1993, n. 29, as amended. 9. For questions concerning the direction of the work and the legislative framework 'in the same terms set out in order to design (1 point); plus the supplementary provisions contained in art. 27 of the Framework Law, which provides, first, the obligation for contracting authorities to set up a management office work and draws, then the conditions established for the designs, and the occurrence of which 'allowed custody for office or different subject. This rule regarding the direction of the work, however, 'the administration's choice to follow "in order", that is' necessary to verify the possibility 'of utilization of these subjects following the list and that' made in the abovementioned provision. With regard to the direction of the work, the office that contracting authorities have to establish and 'consists of a project manager and possibly by assistants and then can' be also composed only from the head of the works; in which case miss' the organization of people and remains a matter for "own" the only holder to exercise the powers and fulfill the duties assigned to it by law. They can also be confirmed for leadership positions with the principles described with regard to design. The list of subjects which may be required by the contracting authorities and other relevant performance contracting entities or public works filmmakers as well as 'related activities' support, has exhaustive. Also the tecnicoamministrativo support positions also refer in this case to services in the field of architecture, engineering and other technical services covered by Directive 92/50 / EEC. Recourse to the direction of "external" jobs, such as design, and 'expected only when it fulfills the assumptions listed exhaustively that take the form of factual situations to ensure no areas of discretionary' administrative and be certified by the head of the procedure. The direction of work that involves exercise of administrative powers, when given to offices of public authorities and for them to technicians, constitute activities' professional qualified; and 'carried out by the technician because of his public office and a practical modalities' for carrying out the civil service, so his salary and' determined by law and collective bargaining. Entrusting the management of "external" works does not involve choices when those responsible are identified according to the rule of matching the construction manager with the external designer, chosen in compliance with the standards that have been previously specified. The final assumption relating to custody "outside" of the direction of the work to be considered residual and 'implemented with the "procedures" laid down in the national transposition of EU legislation provisions and therefore not in trust, in accordance with the rules of competition and transparency. As regards, finally, the tasks to public full-time employees or in part, the same considerations for the design. 10. With regard to the testing operations (art. 28 leggequadro) and 'expressly provided that' priority the choice by the contracting authorities of the tester as part of its facilities. The exception to this rule and 'expected only in case of lack of staff is established and certified by the head of the procedure. The mode 'Choice of test "external" will be established by the regulation contained in article. 3 of the Framework Law. As for the compensation scheme for the testing it and 'entrusted to the Regulation, subject to the express provisions of Art. 18, paragraph 1 and 2-quater of the framework law. 11. Special consideration deserves, finally, the hypothesis mentioned in the second sentence of paragraph 3 of art. 19 of the Framework Law, as amended by art. 9, paragraph 32 of Law no. 415 of 1998. Assumptions relating to the possibility ', "on the basis of separate agreement" and "contracting authorities in art. 2, paragraph 2, letter a), to mandate the contracting functions to Provveditorati public works or the provincial government. " The norm and 'inserted in a context of general prohibition (art. 19, paragraph 3, first sentence) of appeal, for the construction of public works, the granting of patronage. It examined the arrangement achieves only un'incrementazione (by law) of the skills of the Provveditorati OO.PP. and provincial administrations himself 'for its activation is necessary a specific act of entrustment, in the form of the specification agreed with the contracting authorities. The aforesaid increment in statutory Provveditorati of the competence and the provincial governments means that its exercise is one of the duties of office, and that means' among the ordinary duties of the employees assigned to them. The qualification of Provveditorati and Provinces as "contracting" entails, then, the possibility ', where the requirements are met, the use of external credit lines, within the limits, conditions and modalities' previously identified by retribuirsi, if so, on based professional rates. As for economic and 'aspects in regulating concession that will be able' to be assumed a refund of these additional charges from the called-ordinary performance of their skills of Provveditorati and provincial administrations indicated. Also in the case of the use by Provveditorati and provincial administrations of the performance of their employees and internal 'to be considered eligible the devolution of incentive share of the fund, according to art. 18 of the Framework Law. In view of the above and recalled all the conditions contained therein: I. The attivita 'professional, under art. 17 of the law 11 February 1994 n. 109, as amended, should be determined with reference to the description of Category 12, CPC reference number 867, the table 1.A of EEC Directive 92/50 of the Council of 18 June 1992, adopted by a Legislative Decree of 17 March 1995 , n. 157. II. The employees of public administrations work performance, according to art. 2 of Law no. 109/1994, in the case of "interior design," involves the right to payment of the same, in addition to the salary treatment, the only incentive in art. 18 framework of the law to the extent and in the manner 'therein. III. The only incentive compensation competes in the case in which the design is entrusted to employees of administrations different from those contracting and of which the latter make use; nonche 'the assumption of custody of contracting functions to Provveditorati to public works and the provincial governments. IV. The entrusting of appointments of "external design" to officials having a fixed-term employment relationship defined and exhibitors, as registered in the relevant register, the corresponding activities' liberoprofessionale, and 'allowed unless it is directly dependent of professionals' administration which entrusts the task and the task itself must not be carried out within the territorial office of dependence relevance. V. Employees with fixed-term employment relationship as defined can, however, be entrusted to design assignments only within the bankruptcy proceedings and not in the case, therefore, the design of less than 40,000 ECU, unless they are also taken in these this case is explained above. YOU. For services related to the management of the work and to the special rules for identifying the parties which they may be entrusted apply the principles set out in terms of design. VII. For services related to testing applies the special scheme which will be 'better defined in the provisions dell'emanando Regulation. VIII. Remain unaffected, for full-time employees, performing the tasks allowed by the regulations on civil servants and, for the time-dependent defined, performing the tasks that do not incur in the above-mentioned prohibitions, as well as' for specific categories of employees, the 'application of provisions derogating from the general provisions examined above. IX. They are considered responsible for the custody institution, by the contracting authorities to their employees, of attivita 'of control over the use of resources when they granted to other stakeholders in the sector. Rome, 8 November 1999 President: Garri I Coletta - Light Rizzo components - Ricciuto The documentation at the time of regulation and 'deposited at the offices of this Authority'.