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Planning, Approval And Authorization Of Sviluppoaeroportuale Plans And Works To Be Carried Out In The Airport (Decree-Law 28 June 1995, Art. 1, Paragraph 6, Converted Nellalegge August 3, 1995, N. 351).

Original Language Title: Programmazione, approvazione e autorizzazione dei piani di sviluppoaeroportuale e delle opere da realizzare in ambito aeroportuale(decreto-legge 28 giugno 1995, art. 1, comma 6, convertito nellalegge 3 agosto 1995, n. 351).

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The General Directorate of Civil Aviation (Ministry of Transport and Navigation) and the Directorate General of Territorial Coordination (Ministry of Public Works) have agreed on the forthcoming guidelines on the subject. Premise. Facilities and airport works are an integral part of the transport system and, therefore, are essential and qualifying the entire land use. This' implies the need for the programming of the plant (by the General Directorate of Civil Aviation) is carried out in accordance with the guidelines of its programming to the transportation system as a whole; and as to ensure the correct territorial articulation of individual actions and the inclusion of the entire system in the context of spatial planning (by the Directorate-General for territorial coordination). The "framework" for the sector programming appears complex, in relation to the nature of the transport system, intended to interconnect the centers of activity 'distributed on the territory, which is not' just the national one. In fact, the "system" is, first of all, a precise reference in the planning and community planning, particularly in the more 'extensive system of trans-European networks, industry this poignant relevance for the purpose socio-economic integration in Europe; as expressly indicated in the "Programme Europe 2000 plus Cooperation on European territorial development". The airport planning must, then, to find a proper place within the same general transport plan, divided into sector plans (viabilita ', railways, port systems, maritime transport and waterways, airport system, freight, mobilizes' urban) , for the obvious need to rationally arrange connections, interactions, exchanges. The complex system eventually must - as was 'told - fit properly in spatial development: and this' to the need, also detected by CIPET in the resolution of 30 June 1993, that "the locations of the interventions proposed in the plan general transport are compatible with a balanced development of the territory "; to "map the programming of a sector, while of undoubted importance, such as transport, with the most 'overall strategies regarding spatial planning at the national level"; to realize "an integration of transport policy with that of the territory .. because it is clear that transport can no longer 'considered an independent variable buoyancy of the territory.". The indications of CIPET appear extremely punctual; and they must 'be taken into account debt. To territorial integration purposes, moreover, Article. 1, paragraph 6, of the law n. 351/1995 expressly provides for an agreement in accordance with art. 81 of the Decree of the President of the Republic n. 616/1977 between the two administrations concerned; and the Ministry of Public Works, in particular, and 'held under the same Article. 81 to exercise the function of guidance and coordination and to identify the basic guidelines of the territory. In addition, for the exercise of the function and the achievement of the agreement, the Ministry of Public Works and 'the only state body with specific experience; but above all, he established the Observatory for the monitoring of territorial transformation phenomena, an essential tool for the knowledge of the territory and its problems, with the technical support of ENEA, and 'now a reality' operates, albeit not yet at full power. A. Programming of the attivita 'of airport infrastructure. 1. The General Directorate of Civil Aviation responsible for the planning, coordination and control of the attivita 'of airport infrastructure in compliance with the law 7th August 1990, no. 241 of the Law of 11 February 1994, n. 109, as amended by Decree-Law 3 April 1995 converted into law June 2, 1995, n. 216, of the Ministerial Decree of 14 February 1994, n. 543, and the law 3 August 1995 n. 351. 2. In order to ensure the supervision of programming Airport in the guidelines of the territory, the DGAC promotes understanding with the General Directorate of Territorial Coordination, also calling for the convening of conference services, whenever necessary or appropriate l ' contextual examination of the primary interests of the state administrations or local authorities. B. Development Plans Airport. 1. The General Directorate of Civil Aviation shall, in accordance with the objectives of general interest in the field of aviation and aeronautical infrastructure, the basic guidelines of the territory and the community planning, to fix the strategic guidelines for the definition of development plans Airport in art. 1, paragraph 6, of the Decree-Law of 28 June 1995, n. 251, converted into Law August 3, 1995, n. 351. These plans indicate, for the whole airport area or areas concerned, however, the distribution of works and services, both public and private provided, the consistency framework of the works and their compatibility 'with aeronautical constraints, implementation times, the economic and financial program; and may provide for the definition of the construction works and artifacts within the perimeter concerned. 2. For the definition of airport development plans of state bodies operating on the airport as well as 'all activities of dealers' airport and the National Flight Assistance Authority communicate its organizational programs connected with the infrastructure and operational development of 'airport, related to the company' total airport management. They coordinate with the respective Directorates constituency (DCA) development plan proposals that are submitted to the Directorate General of Civil Aviation. The DD.CC.AA. in particular also coordinate richeste Bodies of State and ENAV For airports where there are no companies 'total airport management concession, all applications must be submitted to the DCA premises that, after having evaluated also with the collaboration of the company' part-management, provides the definition of a coordinated draft plan and sends it to the DGAC 3. the general Directorate of civil Aviation, checked the consistency of programs with sectoral planning objectives, it processes them together and approve the technical aspects of the project the airport development plan, according to the provisions of art. 1, paragraph 6, of the law n. 351/1995. The project, approved in compliance 'with current laws, and' submitted, pursuant to art. 81 of the Decree of the President of the Republic July 24, 1977, n. 616, to the Ministry of Public Works - Directorate-General for territorial coordination, which provide 'to send to the region, the province and the municipality or municipalities concerned. The Ministry of Public Works promotes the understanding with the region concerned, ensures compliance with the buoyancy fundamentals land lines and releases the authorization provision in art. 81 of the Decree of the President of the Republic n. 616/1977, possibly indicating limitations and requirements; or return it for further processing. The DGAC can 'ask the General Directorate of Territorial Coordination for the convening of a conference of services at each stage of the process for realizing the project, starting from the preliminary setting; and in particular when it intends to acquire opinions, clearances and the like, under the existing system, the responsibility of the authorities responsible for the protection of the constraints. 4. The design of the airport development plan and 'equipped, essentially: a) from a technical and financial report outlining the main characteristics of the intervention designed, the relationship with the guidelines of the territory, with the state planning and Community in the transport sector, with the requirements of planning instruments and with the legislation capably as well as' data about the ownership status of the areas; b) the design plans in scales adapted for a correct representation of the intervention; c) the opinions, visas and permits that may be needed; d) elements of the available and foreseeable resources for its development. 5. The procedure for the authorization of the airport development plan and its provision pursuant to Art. 81 of the Decree of the President of the Republic n. 616/1977, including the environmental impact assessment (EIA), if required under applicable rules. Under Article. 40, paragraph 2, of the law 22 February 1994 n. 146 technical examination and 'carried out together on the basis of procedural agreements promoted by the President of the Board of Public Works. 6. The airport development plan, authorized in accordance with art. 81 of the Decree of the President of the Republic n. 616/1977, involves automatic variant of the existing planning instruments, as well as' declaration of public utility 'and indifferibilità' and urgency of the work in whole. Pursuant to the aforementioned Article. 1, paragraph 6, of the law n. 351/1995 compatibility 'planning and authorization to commence work also covers the individual works included in the approved plan; for interventions that are not included in that plan and 'necessary decision giving authorization pursuant to Art. 81 of the Decree of the President of the Republic n. 616/1977, issued on the basis of enforceable or final project. 7. Changes, if any, changes or additions to the airport development plan is approved and authorized by the same process. C. Implementation of the plans for airport development. 1. The companies' dealerships, for the realization of the airport development plan forecast, at regular intervals transmit to the General Directorate of Civil Aviation of the intervention program included in the plan related to a generally three-year period. This program specifies the time and manner of construction and contains a financial plan that demonstrates the availability 'of the necessary resources. The program is accompanied by the executive or final projects of any works which have not been authorized, pursuant to art. 81 of the Decree of the President of the Republic n. 616/1977, when the airport development plan, these proposals shall be submitted to the Directorate General of Territorial coordination to support the authorization referred to in the aforementioned Article. 81 of the DGAC 2. The Directorate General of Civil Aviation, in accordance with art. 14 of the law 11 February 1994 n. 109, approving the program of works to be executed in three years and forward it to DI.CO.TER. certifying the compliance of the program to the approved plan. D. Individual works to be performed at airports not included in already 'approved plans. 1. The works and artifacts that, in the airport development plan approved in accordance with art. 81 of the Decree of the President of the Republic n. 616/1977, were not included, as well as' ones to be realized in the absence of an approved airport development plan, are authorized as specified in the following points. 2. State agencies and dealers, the companies' management of partial and all enabled operators, according to law, to operate within the airport premises including through the execution of artifacts and works - sempreche 'these are not already' were approved and authorized - send to the general Directorate of civil Aviation for the online technical approval of the related projects, accompanied by all the necessary elements to assess their compatibility 'with the objectives of sector programming and accompanied by the favorable opinion of the competent Circuit direction Airport. the National Authority also flight assistance send the General Directorate of Civil Aviation of competence projects, accompanied by the favorable opinion of the DCA and society 'total management. All those involved on a full management airports activate the approval process through the local company 'management and DCA in the manner indicated in this clause. In the same way they operate the companies' total management who currently designing or approval of development plans. 3. The General Directorate of Civil Aviation transmitted (in accordance with art. 81 of the Decree of the President of the Republic n. 616/1977) the project approved at DI.CO.TER. that established the conformity 'with the town planning requirements or otherwise, compatibility' with spatial planning, issues the decision giving authorization. 4. The General Directorate of Civil Aviation may 'in any case, should it deem the opportunity', ask the Directorate-General for territorial coordination to hold a conference of services for a joint examination of the interests involved, or for the acquisition of opinions , clearance, and the like. E. Minor Works. 1. The works and minor works that fall into the airport grounds that, pursuant to art. 26 of the law 28 February 1985 n. 47 and subsequent additions and modifications, as well as' the circular of the Ministry of Public Works July 30, 1985, n. 3356/25, may be considered as internal works and that are subject to early complaint activity 'in accordance with art. 19 of Law no. 241/1990 as amended by art. 2, paragraph 10 of Law no. 537/1993 and following, must be described in the relevant documents foreseen by Law no. 47/1985 and approved in advance by the local DCA. Entries must include a report signed by a qualified and authorized technician indicating compliance 'of the works to be carried out with safety standards and sanitation, to the recommendations and applying in the territory and in the airport field. The projects, endorsed by the DCA, must be sent in duplicate to the DGAC and one copy to the local companies' total management, the affected joint to the territory, to the region and to DI.CO.TER. 2. For extraordinary maintenance, preservation and restoration of Law August 5, 1978, n. 457, art. 31, letters b), c) and art. 7 of the law 25 March 1962 n. 94, which are not included in the categories referred to in art. 26 of Law no. 47/1985 and subsequent amendments, the proceeding administrations transmit to the entities referred to in paragraph 1 the project as well as' the application for authorization pursuant to art. 81 of the Decree of the President of the Republic n. 616/1977. After ninety days without the measure sought has been issued, the application is deemed accepted, unless one of the institutions in question contexts the nature of work of ordinary and extraordinary maintenance, or restoration and preservation. F. final addresses. 1. No work to be carried out on the airport, which is unlatched in plans for airport development approved in accordance with this circular, can 'be initiated if the plan is not' been approved the technical aspects by the Directorate General of Civil Aviation, and authorized, pursuant to the aforementioned article. 81, in the manner indicated in this circular. 2. The procedure for the authorization and its provision pursuant to Art. 81 of the Decree of the President of the Republic n. 616/1977, at the request of the General Directorate of Civil Aviation, can understand the aspects referred to in section 5 of the letter B, also for actions that do not constitute plans for airport development, based on the procedural agreements, referred to in that section 5 . 3. this act of address potra 'be changed by the agreement of the departments concerned. It will ', however, re-examined - if it proves necessary - after the entry into force of the Regulation for the procedural provisions of art. 81 of the Decree of the President of the Republic n. 616/1977, in order to adapt to the new rules. The General Director of Civil Aviation PUGLIESE The general manager of the territorial coordination Cempella