Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-01-05&atto.codiceRedazionale=14A10134&elenco30giorni=false&atto.tipoProvvedimento=DECRETO
1. scope and methodology.
These guidelines are intended to define the procedures for monitoring and controlling anti-mafia relating to environmental reclamation in the territory of the Campania region under art. 2-bis, paragraph 5 of Decree Law 1 December 2013, n. 136, converted, with amendments, by law No 6 February 6, 2014.
The document also provides guidance for the exercise of the tasks delegated, paragraph 1 of the same article. 2-bis, the prefect of Naples, as the Prefect of the capital of the region, aimed at ensuring coordination and unity of action of criminal infiltration prevention initiatives, with respect to loans and sub loans, as well as the provision of public benefits related to the aforementioned monitoring and remediation activities.
In the introduction it is considered appropriate, for better and more intelligent understanding of the content and the methodology followed by the Committee, provide a concise framework on key points on this address, which will be widely developed in individual paragraphs.
First of all, it should be pointed out that the type of measures under consideration these peculiarities that make it hardly comparable to previous experiences, due to the presence of a number of factors of complexity.
The first of these factors comply with the environmental context in terms of criticality notes where you will place the recovery plan provided for by Decree-Law No 136/2013, notoriously context marked by endemic and widespread presence of a consolidated and organised mafia-type criminal network.
The second factor of vulnerability is connected to the type of assistance that you will make-waste cycle management-related and, therefore, to the category of economic operators participating in cleanup.
This is a market segment in which you experience frequently phenomena of illegality, in many cases related to organized crime.
In this regard, significant appear the results of an analysis of judicial data developed recently by the National Anti-mafia Directorate. It shows how between the consummation of environmental crimes and mafia-type organised crime exists an interaction, manifests, and other sometimes disguised. And what in that consummation of crimes, especially when there are large, volatile diffusivity and relevance, involves the use of territory unlawfully, which, especially in certain areas of the country, can be guaranteed only by the kind of organizations.
In this respect just refer to statements by various collaborators of Justice belonging just to the business world in the collection and waste management: from them is very clear the great interest, particularly the casalesi clan, has placed in this business.
Similarly it can be considered a given by now Court acquired the circumstance that the intrusiveness of the mafias in illegal waste disposal makes use of conditioning of local administrations, ensuring contiguous clans companies contracts for waste collection and processing, which is done with illegal methods, so as to optimize the gains at the expense of the protection of natural resources and public health. This political and administrative apparatus in complicity with local actors is so essential and functional criminal interests.
This criminal interference in the waste sector is of particular significance on the occasion of the execution of important speeches, having a broad impact both economically that territorial and, therefore, social. In such cases, the preventive activity plays a key role, since they can affect those phenomena in a more marked than they can do it the same criminal prosecutions.
The National Anti-mafia Directorate's analysis in this specific sector, shows that both appeared always essential for intermediaries who work with illegal waste cycle mode, resorting to the kind of contacts. In that regard, the investigative and procedural case studies whose DNA has leaves no room for doubt.
Moreover, the presence of mafia crime in this area was recorded at different levels of the supply chain of enterprises, and their speculative dimension throughout the production process, upstream and downstream of the cycle of denial, through organization and management models are simple or more specialized point socket (you go, in essence, from the management of the landfill for inert materials to that toxic and dangerous waste storage or stabilisation and reuse of the same).
The concern is, then, to avoid that the initiative for recovery of the territory covered by the aforementioned decree-law, turning into a further opportunity of gain for the authors of the environmental disaster that it is produced in that region.
An additional complexity is linked to the fragmentation, in terms of logistics, "activity of construction» which will be started but also to the necessity that the monitoring and supervisory activities, anti-mafia purposes, insist on a larger territory and only partially coincident with individual sites to be reclaimed.
The last factor to consider, as a corollary of the previous, relates to the plurality of the subjects (just think of the number of municipalities that insist the sites and owners) who, for various reasons, will be involved in the process of rehabilitation of those areas and that is going to require an intense effort of coordination in order to maintain a constant and consistent level of attention in inspection measures of competence.
Implantation of cennate guidelines, therefore, had to take into account the specificity of the framework outlined by trying to draw a tailor business model.
If no specific measures, taking account of the local context, the rooting of Camorra clans, the economic interests at stake and the degree of penetration of some of the companies operating in the field, you risk concretely to entrust their reclamation operations to those who have poisoned the Campania region.
In this sense, the present Act of address moves in order to maximise the principals to be activated at the stage prior to the implementation of interventions in the knowledge that the award of contracts and other subcontracts to contiguous spaces criminals could not only be a weak point for the transparency and freedom of the legal market but also further compromise the primary right to health of the population of those territories.
Of particular usefulness for this purpose are recognized: on the one hand, the increased knowledge of the police and judicial authorities, mechanisms of mafia penetration in business environment and, on the other hand, the potential offered by certain provisions in sector legislation (referring, in particular, art. 29 of Decree-Law No 90/2014 relating to white list but also in the rules governing the activity of environmental and waste management).
Particular attention, therefore, it was devoted to preventive screening tool on economic operators by the Prefecture, with the support and cooperation offered by the investigative bodies info judicial authorities, as well as the instrument of ' White List ', properly calibrated on the specificity of the criminal risk, which should be the election mechanism for the choice of the trader.
On this point, it is worth pointing out that the installation of these guidelines, with specific reference to the theme of white list and was shared by the Attorney General of the State where it was sent the text for a prior opinion.
Finally, it should be noted that similar consideration was given to the phase of controls on the implementation of the interventions that will benefit not only of qualified contribution of specialized components of the police force but also of institutional forms of cooperation with the judicial authorities already positively tested in previous experiences. 2. The framework of intervention situation started and to start.
In preparation of this Act to address, contacts were initiated with the National Institute for environmental protection and research (ISPRA) and the General command of the State Forestry Corps, to gain insight about the status of initiatives launched. In addition, representatives of the Committee participated in meetings at the National Anti-mafia Directorate, and which was attended by the national anti-mafia Prosecutor and his deputies, as well as the district attorneys and county courts of the territories of Campania which are most affected by the phenomena of spills and illegal flows in agricultural areas. In such matches have been acquired, in light of what so far ascertained in a Court of law, food for thought about possible criticality and then on measures to strengthen preventive action through partnerships with law enforcement.
The picture of situation emerged can be summarized as follows.
The D.L. n. 136/2013 divided the process of urban redevelopment areas in question in two stages: in the first phase of land mapping) at risk.
Such activity is carried out through technical investigations carried out by public entities specifically in charge (Consiglio per la Ricerca e la Sperimentazione in Agricoltura-CRA, ISPRA, Istituto Superiore di Sanita '-ISS, and for the environmental protection agency in Campania-ARPAC), based on the guidelines and priorities established by a directive adopted by the Ministers of agriculture, food and forestry, the environment and protection of land and sea , and health, in agreement with the President of the Campania region (article 1 of Decree Law n. 136/2013). For this purpose, the technical staff in charge, accompanied by staff of the State Forestry Corps and the NAGY of the Carabinieri, allowed access to each site to make the material samples to be analyzed. At the end of the diagnostic phase, by Decree of the Ministers of agriculture, food and forestry and the environment and protection of land and sea, are located-classifying them according to a risk scale that goes from level 5 (very high risk) at level 1 (low risk)-the land that cannot target food crops or those to be allocated only to some agricultural crops.
With the Ministerial directive issued on December 23, 2013 it was elaborated an initial list of 57 municipalities (24 and 33 of the province of Naples in the province of Caserta), which must be a priority of the activity in question; with a subsequent ministerial directive of April 16, 2014 has been detected a second list of 31 municipalities (9 and 22 in the province of Naples in the province of Caserta), which will be the subject of such technical investigations.
Remains firm that the scope of these guidelines-cennati territories referred to the State-will be automatically extended to those areas that might be identified, following further ministerial directives, for the purposes of its remediation;
b) the second step is to implement interventions aimed at the rehabilitation of sites and the economic revitalization of the territories, based on a unique plan and urgent for whose execution will be identified subject actuators. It is expected that such interventions can be achieved through the institutional development contracts under art. 6 of Legislative Decree No 88 May 31, 2011, during which the region can also identify incentives using cultured products not intended for human or animal consumption (see, in particular, articles 1, paragraph 4, subparagraph 2, and 6-d).
At the time it is adopted this Act of address, are ongoing activities regarding the mapping of land referred to in (a)). 3. The subjects of ' network ' to prevent mafia infiltration.
The art. 2-bis of Decree Law # 136/2013-mafia controls on various related measures expected to monitoring and reclamation of farmland bells are developed according to enhanced mode than those implemented in the ordinary way and assigns a central role to address and coordination to the prefect of Naples.
To carry out these tasks he can avail: a) of the section of this Committee, referred to in paragraph 2, of the mentioned art. 2-bis;
Central Monitoring Group joint b) and land reclamation of polluted areas (GIMBAI), a body established at the info-investigative Department of public safety, pursuant to paragraph 3 of the same article. 2-bis.
These bodies complement the ' network ' anti-mafia monitoring, provided for by the Ministerial Decree of March 14, 2003, starting with the DIA and the Joint Group, and of course from other prefectures, primarily that of Caserta, whose territory is considerably affected by monitoring and remediation actions.
To this end, the prefect of Naples you will load to identify the most effective forms of connection between these components, in order to provide maximum circulation information in ascending, descending, and the Prefecture, toward that direction I mean other prefectures and the various components of the reinforced system antimafia.
In this sense, becomes essential to begin an even more closely with the DDA of Naples and other Proxies of the districts affected by the plan of operations covered by predicted DL No 136/2013, the obvious respect for reciprocal roles and the secrecy of investigation. To this end, he might be considered a chance to activate agreements, aimed at giving the Prefecture of Naples the role of ' privileged ' interface of the information that the said Judicial authorities deem appropriate «pour» administrative circuit for subsequent initiatives.
Always with a view to making more effective the action of the control, the prefect of Naples can initiate collaborative with other competent public stakeholders to perform or to monitor the land, as a continuity with the Protocol of legality, already concluded with the President of the Campania region, for the prevention of corruption and criminal infiltration in environmental reclamation works.
In particular, the prefect of Naples you will load to promote the conclusion of agreements of legality that, within the time specified by these guidelines, will define the frame of the mafia controls on operations-including incentives-covered by institutional development contracts possibly concluded the needs referred to in paragraph 1, articles already mentioned 6-d, and 2 , paragraph 4, of Decree No. 136/2013.
It is useful to remember that art. 6, paragraph 3, of Legislative Decree No 88/2011 makes the aforementioned institutional development contracts to the discipline prescribed by the code of public contracts for the projects included in the plan of strategic infrastructure, also for what concerns the method of carrying out verifications antimafia (part II, title III, chapter IV of the code).
Institutional development contracts applies, therefore, article. 176 of the code which requires the conclusion of special agreements of legality between the prefect and the parties of such contracts, in order to define precisely the checks and precautions to be observed in criminal interference prevention.
The content of these protocols shall conform to the mafia controls system outlined by CIPE # 58 of August 3, 2011 on strategic infrastructure of national interest. 4. information on the prevention of infiltration at the stage of monitoring the areas of Campania region subject to contamination or pollution.
4.1. monitoring of the land areas.
In the current stage of preparation to the activation of remediation, it is reasonable to assume that the interest of organized crime is oriented to precostituirsi directly or indirectly lucrative positions both with respect to interventions-and their economic resources-intended for the rehabilitation of contaminated areas, both with respect to possible forms of speculation.
Therefore the monitoring must primarily be aimed at intercepting intrusive maneuvers designed to interfere with the regular sampling process and classification of soils, as well as to gain control of the areas involved in the reclamation plan induced.
Symptomatic in this respect will therefore be, already at this stage, the steps of property regarding land included in the areas in question, as well as requests for conversion of land use of adjacent areas (for example to use as a cave or to sites for disposal of inert).
In this perspective, the prefect of Naples, taking advantage of the contribution of the Joint Groups and GIMBAI, will, from now on, screening initiatives volte al census of the sites in order to bring situations of "alarm" or "abnormality".
Particularly useful, for those purposes, will be the information contributions provided by Joint Groups with respect to the Census of subjects (1) land owners, as well as from periodic screening GIMBAI as a result of transfers of property in areas where they insist the land at risk.
The possible locating items of ' criticality ' Mafia ' in terms of proximity, which may arise in respect of subjects landowners or affected by transactions involving the grounds themselves, will allow the release of adverse claims if the subjects have ongoing relationships with the public administration. In any case, aware that these may lead to further investigations aimed at the proposal of application of preventive measures, which lead to other forms of judicial investigation.
4.2. monitoring of quarries and landfills.
It is foreseeable that the «supply» economic operators engaged in the execution of remediation of polluted farmland or contaminated will include ' also companies that handle quarries or landfills.
It is, as it is known, sensitive activity, not only on purely environmental risk, but also because they constitute a sector traditionally more exposed to attempts of aggression and conditioning of organized crime.
In view of this, it seems appropriate that the prefectures of Naples and Caserta (Campania and other interested in the future) will continue to actively monitor, under the directive of the Minister of Interior of June 23, 2010 on persons managing these extraction sites or waste disposal.
Screening must be carried out in collaboration with the competent regional bodies, and possibly going to be provincial, who demanded a comprehensive information base about the subjects which were entrusted in granting the extraction sites or which have been issued the required landfill management permissions, in order to ascertain the actual ownership of the business. Equally important will be to ensure a timely information on applications for authorisation and concession circuit still in progress or that will be presented over time.
In the case in which the economic operator is not already listed in the white list and the findings do emerge disqualifying conditions for releasing information against the mafia, the prefectures of Naples and Caserta will inform: a) grantor or administration that issued the authorisation for the adoption of measures wording the consequent measures;
b) the awarding authority procurement related to execution of remediation because, for the sake of more effective and extensive network of anti-mafia prevention, inhibit individuals and economic operators affected by supply relations, procurement etc. with business contraindicated.
Where undertakings have legal residence in another province, the prefectures of Naples and Caserta will activate the relevant prefectures for the purposes of the requirements referred to in points a and b)).
It should be noted that the prefect, except where they are ensured of mafia infiltration attempts to grant an interdictive can in any case, in the context of this monitoring activity, exercising power of reporting under art. 1-f DL # 629/1982.
And in fact, the new Mafia Code, in suppressing the cd. "atypical", he nevertheless retained the Mayor the power to communicate to the competent administrations situations likely to be assessed for the purposes of the permanence of the subjects moral requirements required by industry regulations tallied for granting and maintaining certain measures ampliativi of legal sphere of those concerned (concessions, permissions on the exercise of certain economic activities, etc. listed in the said art. 1-f).
In particular with regard to economic activities that stress the Campania region, it should be noted that the regional law December 13, 1985, n. 54, does not require moral requirements additional to those anti-mafia for the granting of authorisations or concessions to the quarries.
Different considerations apply to the activities related to the management of landfills and waste disposal.
The exercise of such activity is, in fact, subject to the inclusion in national register of undertakings which carry out waste management, now governed by the regulation in D.M. June 3, 2014, # 120.
The art. 20 of that regulation expressly provides that the regional sections of the register shall delete from the register the same economic operators in respect of which have failed the moral requirements required for registration are listed in art. 10, paragraph 2, of the same regulation.
These requirements include not only the absence of shtml under art. 67 of Legislative Decree No 159/2011 (article 10, paragraph 2, of the Decree # 120/2014), but also the absence of penalty for environmental crimes or convictions of more than one year in prison for crimes not culpable.
The existence of convictions for these offences therefore borne by persons entered in sections of that Register will be subject to reporting by the Prefect communications pursuant to art. 1-f DL # 629/1982.
4.3. communication of the results of the monitoring carried out by the State Forestry Corps.
In this context, will be of particular usefulness to the prefect of Naples and Caserta (and those others which will be affected by the interventions covered by D.L. # 136/2013) to have the results of some monitors that are now already developed by the State Forestry Corps.
We refer in particular to three initiatives that, as it emerged in the preparatory meetings of these guidelines, have already been initiated in the territories of the municipalities where possible contamination areas have been identified: a) the survey of quarries and other similar extraction sites;
b) the areas where you have installed sites for the construction of relevant public or private works;
c) the Census of people who lead in fact farmland, even apart from what is formally contractual securities.
The results of such monitoring will, in fact, a prefects ' mapping ' of areas that could, with greater probability, be affected by the occurrence of novel phenomena of spillage or illegal disposal of waste.
In particular, the prefects will take account of the results of the initiatives in question for the purpose of better direct territorial control plans, so as to achieve a more effective preventive action.
4.4. Possible measures to avoid alterations of the technical survey results monitored sites.
Again with reference to the preparatory phase to custody reclamation activities, the Committee believes, even in response to insights that have occurred at the national anti-mafia Prosecutor, that special attention go for the look of the sampling sites.
It is clear that technical investigations carried out to establish the existence of pollution and contamination are one of the key points of ecological rehabilitation process to be started.
From these results and the consequent classification of soils will receive future effects on productivity of those areas but also benefits in terms of incentives that can be assigned to site owners by institutional programs intended development by the same decree-law.
In this regard, even within a framework of deterrence, the Committee considers it appropriate to point out the need to take the best precautions to ensure the genuineness of the findings and investigation techniques, reducing the risk of attempts to tamper with or alteration of the samples.
To this end, he might be considered the possibility, by the relevant Departments of the State Forestry Corps and the NAGY of the Carabinieri, to random repetitions of investigations already carried out, after a new levy of material, in order to corroborate the results of the tests already carried out.
For the purposes of the choice of sites where repeat sampling, departments of the State Forestry Corps and NOE will enhance any ideas of analysis offered by Joint Groups, as well as the findings of the intelligence activities developed by the GIMBAI and the section for working in support of the prefect of Naples. 5. The white list of suppliers and providers of services related to the remediation of contaminated sites.
The art. 2-bis, paragraph 6, of Decree Law No. 136/2013 provides that at the Prefecture of Naples are set up lists of suppliers and service providers are not subject to risk of pollution mafioso, to whom they can turn the subjects executors of remediation of polluted farmland. For the purposes of the Constitution of these lists is expected to be adopted by a decree of the President of the Council of Ministers, on a proposal of the Ministers of the Interior, justice, the environment and protection of land and sea, of agricultural food and forestry policies and of the economy and finance.
The aim pursued by the legislator is obviously to provide another tool to prevent criminal infiltration, tailored to particular requirements connected with the execution of the redevelopment projects of the territories in question.
The cited art. 6-bis, paragraph 2, arises, therefore, as a special rule aimed at establishing lists of companies that only partly coincide with governed generally by art. 1, commi from 52 to 57 of law No. 190/2012, as amended by art. 29 of Legislative Decree June 24, 2014, n. 90, converted, with amendments, by law August 11, 2014, # 114.
What circumstances, pending the implementation of the aforementioned Decree of the President of the Executive Council of Ministers, the Committee sees an opportunity to start from the get go, in analogy to what is already done in other events, an initial testing of this system anticipates that at most the monitoring phase of suppliers and service providers that are interested in remediation of agricultural areas of Campania.
What for several reasons.
First, the peculiarity of those economic operators that the experience of recent years has shown to be particularly vulnerable to pressure criminal. We recall in this regard the considerations set out in paragraph 1, relating to investigations carried out by the National Anti-mafia Directorate with respect to interactions between environmental crime, mafia crime and crimes against the public administration. Seems inevitable, then, that, if you want to try to be a virtuous companies truly functional system to the specificity of the interventions that you will realize, must be considered equally specific metrics and calibrated the level of risk preconizzabile in the light of the experience gained in the field info-detective.
To this is added the not inconsiderable intent to put into condition the relevant economic operators to have access to time to these new ' white list ', so as not to compromise the chances of participation in tendering procedures which will be held in connection with the consolidation process.
On the other hand, as also highlighted the Avvocatura Generale dello Stato, in opinion of the content corresponding to this address, the white list replacement tool, with the aim of administrative simplification and to ordinary anti-mafia controls. The same Law also acknowledged that the white list of paragraph 5, art. 2-bis of Legislative Decree No. 136/2013, constitute a speciality, compared to ' normal ' white list as relating to public contracts and/or subcontracts interventions pursuant to paragraph 1 of art. 2-bis and, thus, more restrictive, and even derogations, as registration requirements.
Supplies and services for which will be made of those lists should include different types of activities already included in the white list established pursuant to art. 1, paragraph 52, of law no 190/2012, which will add more specific types (site remediation remediation goods and sites containing asbestos;).
The Committee notes the opportunity that these ' experimental ' lists are the mandatory mode through which mafia controls will be carried out on companies operating in these sectors, which will not take part in the environmental redevelopment envisioned by D.L. # 136/2013, if not enrolled in the white list. In this way the aforementioned «telephone» are to constitute, with the peculiarity that you say below, an extension of the white list referred to repeated art. 1, paragraph 52, of law No. 190/2012. In analogy to the provisions for this last General category, experimental lists membership will have a duration of 12 months from the date of the order that has.
In the event that the activity by the economic operator covers one or more types of supplies and services listed or in cases of promiscuous activity--meaning that the activity that relates to a supply of goods or services above-the inscription will be performed with regard to the list of each business.
It highlights that the ' lists ' concerned refer to activities without territorial characterisation, whereby the admission thereto may be required both by economic operators having a registered office or a branch office with stable representation on the territory of the former art. 2508 c.c., both from companies with registered offices abroad, without a permanent establishment in the State.
With regard to the requirements for registration, it should be noted that art. 2-bis, paragraph 6, of Decree Law # 136/2013 refers to economic operators ' not subject to risk of pollution mafioso. '
Appears consequential that admission on the list is to be linked to in-depth investigations in order to verify the absence of fumus of mafiosita '.
In this sense, it is believed that the inscription will be, first, subject to verification of eligibility, pursuant to art. 84, paragraph 3, of Legislative Decree No. 159/2011, the release of information and that's liberating, anti-mafia: the absence of limiting situations under art. 67 of legislative decree 159/2011, as well as any mafia infiltration attempts aimed at influencing the choices and the addresses of the companies involved. It is however mentioned earlier to the need that the poll of mafiosita ', in this case, is carried out taking into account the matter of judicial experience that induces to establish close relationship, more and more in that context, ordinary environmental crime with mafia-type crime, legitimizing a rating of «sintomaticita» of the first than the second.
But equally, as already observed, the judicial data show that the presence of gangs in the waste cycle is combined with the complicity of public administrators, whose involvement is essential to obtain public procurement. Neither can serve the company's operation that neglect yourself acting illegally in the field of waste disposal is the use of invoices for non-existent transactions.
It is therefore considered to predict, which profiles specificity compared to the more general template provided by law No. 190/2012, admission to the lists will be subject to verification of the absence of mafia infiltration attempts taken in addition to the situations mentioned in art. 84, paragraph 4, of legislative decree 159/2011 by the following reasons: a) precautionary measures (real or personal), measures of prosecution, or convictions also not definitive, for the following crimes: illegal waste combustion (art. 256-bis of Legislative Decree No 152/2006), falsehood in certifying the waste analysis (art. 258, paragraph 4, the second revival, of Legislative Decree No 152/2006), organised waste (art. 260 Legislative Decree 152/2006), crimes committed in the field of waste management in the period of a State of emergency declared under law No. 225/1992 (art. 6 DL # 172/2008), disaster arson (Article 434, paragraph 2, of the Criminal Code), poisoning (439 c.p.), culpable disaster (449 of the Criminal Code);
b) precautionary measures (real or personal), measures of prosecution, or convictions also not definitive, for the crime under art. 321 c.p. Re articles 318, 319, 320 and 319-ter c.p., as well as for the crime under art. 319-c, paragraph 2, c.p. and still for the crimes referred to in articles 2 and 8 of Legislative Decree No. 74/2000;
c) nominative annotation in the records of prevention measures under art. 81 of the aforementioned legislative decree n. 159/2011.
In the logic above, for the purpose of establishing the existence of mafia infiltration attempts, the prefect of Naples will also evaluate the existence, in respect of the relevant persons of the business structure, more convictions, also planned to release environmental fines by Legislative Decree 152/2006 as well as by art. 21 of law no 646/1982 (unauthorized subcontracting). With regard to these latest cases, it draws however attention to the opportunity, as highlighted in the opinion of the Attorney General of the State, that such convictions are substantiated by further elements are connected functionally to a symptomatic and method of waste management and consideration of environmental interests not suited to the activity for which you are requesting the inscription.
It is understood that in order to carry out these assessments, the Prefecture of Naples will have to acquire a copy of the court order.
Returning to the process of the inscription in cennati prefectoral lists, particularly with respect to method of ascertaining the existence of the requirements of the above specialties, it is considered that undertakings having their registered office in the territory of each province, the Prefecture of Naples may refer to the procedures outlined by the Decree of the President of the Council of Ministers April 18, 2013 for inclusion in the white list ' nationals ' mentioned in art. 1, paragraph 52, of law no 190/2012.
For companies having their registered office in the territory of other provinces, the Prefecture of Naples interpellera ' the Prefecture territorial jurisdiction which, after evaluation of the Joint Group, will communicate the outcome of the checks carried out by formulating a proactive assessment about the final decision to be taken.
With regard to foreign firms which have no secondary Office in Italy, the Committee, in the control logic strengthened pursued by the present guidelines, notes the opportunity that the findings are developed according to a special procedure, compared to the ordinary, which is governed by the combined provisions of articles 2, paragraph 85-91, paragraph 5 (b), and, of Legislative Decree No. 159/2011, Yes, moreover, experienced in other contexts. Therefore, the Prefecture of Naples will provide for:
1) verify independently through the CED Headquarters whether in respect of persons referred to in art. 85, paragraph 2-ter of Legislative Decree No. 159/2011 all requirements for entry, even ordinary, in addition to those laid down in this paragraph for the undertakings established in Italy. The Prefecture of Naples will verify the actuality of injurious inscriptions that may be identified, acquiring from the competent Judicial authority copies of relevant measures;
2) acquire judicial certificates and liferafts in respect of persons referred to in art. 85, paragraph 2-ter of Legislative Decree No 159/2011;
3) ask the GIMBAI to check with the competent organs of the Ministry of the Interior whether any reports from foreign police offices side;
4) on the basis of the information holdings from GIMBAI, adopt the resulting determinations concerning the application for registration submitted by foreign economic operator. (2) it should be noted that, if an undertaking has already achieved the enrollment in the course of validity in the white list under art. 1, paragraph 52, of law no 190/2012, checks must be carried out taking into account the effect-equivalence, paragraph 52 bis recently included in that article by article. 29 of Legislative Decree # 90/2014.
Consequently, in such cases, the checks will be limited exclusively to proof of the absence of such limiting situations arising from criminal proceedings for the offences referred to in points a and b) of this paragraph) or the entry in the register of prevention measures.
As for the art. 29, paragraph 2, of Decree Law # 90/2014 that, for a transitional period of 12 months, equivalent to consider entry in the white list» national filing the recordal application only, it is considered that this provision should be applied in a manner compatible with the logic of reinforced controls postulates in D.L. n. 136/2013.
Therefore, similarly to what has already been provided for interventions related to EXPO 2015 and post earthquake reconstruction «» in Abruzzo, the Prefecture of Naples will have to proceed to the assessment of the information requirements in the commercial release, even with regard to anti-mafia, requiring registration in «lists» in the subject, which have applied for admission to white list referred to repeated art. 1, paragraph 52, of law no 190/2012.
It adds that, where, as specified in paragraph 4.2, entities subject to registration, based on specific requirements of morality, if during the verification is verified the existence of situations that lead to the loss of these requirements, the prefect of Naples will notify-in exercise of the powers of reporting under art. 1-f DL # 629/1982, permanently delegated by the Minister of the Interior-to the appropriate regional Section of the register of environmental managers to adopt the consequent measures. 6. Checks on remediation of agricultural areas subject to pollution or contamination: a) addresses for the subject actuators 6.1. Picture of the situation.
The art. 2 DL # 136/2013 States that addresses critical for soil remediation and groundwater are defined by an ad hoc ministerial Committee chaired by the President of the Council of Ministers, or by a Minister delegated by him, consisting of the Ministers of territorial cohesion, of the Interior, of agriculture, food and forestry, the environment and protection of land and sea , of infrastructure and transport, health, arts and cultural activities and of the defence and with the participation of the President of the Campania region (paragraph 1).
Based on these addresses, a Special Commission adopt the programme of extraordinary measures and urgent even aimed at urban redevelopment areas, identifying the subject actuators and methods of realization of the various interventions.
The step outlined by the incipient stage in disposition still pours comment.
Nevertheless, the Committee considers appropriate to advance, subject to additional addresses, organizational and control measures to be carried out by anti-mafia Subject actuators and from the commercial sector.
6.2. the notices.
Are currently not yet known the terms with which they are entrusted with the renovation of the areas object of Decree-Law n. 136/2013, particularly with respect to locating one or more subjects and procedures for the management of the actuators to the stages of the award and execution of contracts.
The Committee believes, however, pending such determination, to anticipate some lines of action with regard to the preparation of the content of notices, which constitute one of the determining factors in preventive action administratively.
To this end, it seems appropriate that those rockers become active, as a precautionary measure, in order to share with the Prefecture tendering scheme from elaborated with the utmost transparency in the context of policies that will be detected by this Committee in conjunction with the ANAC, in particular, in addition to the award criteria, for the purposes of the definition of participation requirements of competitors with the selection procedures of the contractor in accordance with the principles defined by art. 2, paragraph 2, and art. 69, of Legislative Decree No. 163/2006 in terms of safeguarding social requirements and environmental and health protection, as well as by art. 44 of the code on the subject of environmental management measures. In a general way, as pointed out by the Attorney General of the State, it seems appropriate that, both as a guarantee of the contractor that the operators of the sector, in the tenders are set out the specific obligations arising from the implementation of these guidelines, in order to give complete knowledge of emerging constraints on undertakings, in particular with regard to the legal capacity to acquiring them. Under the planning of interventions can be evaluated in consultation with the implementing body, the possibility of proceeding to the subdivision of the interventions themselves into functional lots pursuant to art. 2, paragraph 1-bis, legislative decree 163/2006; aspect of which will be held account in invitations to tender, whether for the purposes of part-race» is for multiple awards.
ANAC will prepare an activity of prior verification of concurrent selection procedures and execution of contracts for works, services and supplies, also on the basis of proven models in the Expo 2015 in Milan. The method of exercising these preventive audits, may include random and unannounced visits at any stage of execution of the competition, the execution of contracts and of any other service to the subject actuators. In particular, ANAC, its representatives or delegates can access and attending the meetings, aimed at public or private purposes of selection boards or any sub-technical commissions under way, pulling out copies of acts or verbal. Similar verification activities to champion and without notice, can be deployed by ANAC about the incumbent managers of topics process actuators, designers and directors.
6.3. The Registrar of the performers.
First, the Subject actuators must provide for the establishment of a register of the performers (hereinafter just: "Anagrafe") accessible at dla, Joint groups of prefectures bells concerned and that will also benefit from Full Service Surveillance of the Ministry of infrastructure and transport, made according to the criteria identified by the Committee in the guidelines annexed to CIPE n. 58/20111. Weegee's world can also access the National Anti-mafia Directorate District Anti-mafia directions as well.
The Committee reserves the right to assess the possibility of enabling the creation of a single Register that can be used in common by all actors actuators, once the program of remediation will be defined in detail, possibly enhancing the possibilities opened up by the already mentioned legal protocol concluded between the prefect of Naples and Campania region President for prevention of corruption and infiltration by the crime rate in environmental reclamation works. In this context, the prefect of Naples can take into consideration the chance to borrow the technical solutions that, on this specific side, were already tested positively for the EXPO 2015 in Milan.
The Subject actuators will take advantage, for training and the inclusion of data needed to populate the registry office, the collaboration of the same subject, with performers who can be taken for the definition of specific collaborative mode.
Such collaboration, as aimed at achieving specific information needs related to systemic finality anti-mafia, does not cause any additional burden borne by the Subject actuators, in the sense that it does not involve any change in the price, amount or value of the contract, subcontract, or subcontracting, or lawful any such request.
In this regard, it should be noted that art. fifth paragraph 1 of Decree Law # 629/1982 States that businesses, individual and collective, have been awarded contracts shall be required to provide organizational, financial and technical information on its activities, as well as full details deemed useful to identify the actual owners of the company or the shares or shares.
The provision of data in the population register is then to represent a method of implementing this obligation, assisted by criminal sanction under art. 1, sixth paragraph, of the same Decree # 629/1982.
The information in the Registry will be usable by DIA for institutional public procurement monitoring activities aimed at preventing and combating the infiltration of organized crime.
A report of the findings of the registry office, accompanied by any relevant observations will be made available of the section and of the Committee itself.
In the light of the positive results achieved in preventing criminal infiltration in various contexts subject to strengthened control regimes, the Committee considers it essential that, even for interventions relating to reclamation of polluted areas of Campania, anti-mafia checks are conducted by extending to all subjects belonging to the «supply» companies the obligation to submit to the regime of the prefectural information referred to in book II Chapter IV of Legislative Decree No 159/2011.
Such information will constitute the sole and exclusive-mafia investigation for contractual situations, sub-contracts, subcontracts, the opera performance incentives, the provision of services, regardless of their amount, subject, duration and any condition or execution mode.
In particular, until the final activation of the database referred to in art. 96 of Legislative Decree No. 159/2011, subjects will require actuators, irrespective of their place of residence or registered office of the trader concerned, the release of information to the Prefecture of Naples anti-mafia obligations laid down in paragraph 7 will.
The issuance of an anti-mafia interdictive information will determine the impossibility to conclude the contract or authorize the subcontract or subcontracting, as well as in the event of a finding following its conclusion or granting authorization, the loss of the contract, sub-contract or subcontract, giving rise to the exercise of unilateral termination or revocation of the permit.
The contractors will adopt such measures, with the utmost timeliness and in any event within a maximum of seven days from the date of notification of the said decision of the prefect.
Accesses the sanction of the loss of the contract, the application of a monetary penalty, established the minimum extent of 5% of the amount or value of the contract or subcontract subcontract, save proof of greater damages by the contractor. This sanction, whose magnitude could be elevated by the protocols of legality by which you tell short, responds to a dual need: a) perform an effective deterrent, generally specific to each measure that attacking or threatening to attack the financial scope of the subject potentially recipient of the sanction;
b) absorb the pernicious consequences of necessity for the subject performing replacing «running» of the company affected by determining disqualification nature. From this point of view the financial penalty is to be a sort of lump-damage, unless the injured party laments not more damage for which recognition remain of course without prejudice to the ordinary remedies for compensation.
The loss of the contract going to be communicated, by the head of the proceedings, the ANAC become competent, by virtue of the said Decree Law No 90/2014, for the resulting measures in terms of computer records of enterprises established by determination # 1/2008, once adopted by the suppressed AVCP.
6.5. addresses for monitoring construction activities.
The Committee notes, also the opportunity for the reclamation to be carried out according to the D.L. n. 136/2013 is implemented the experience of coordinated control plan of the construction site and the sub construction», in line with the criteria outlined for the works included in the plan of strategic infrastructure (PIS) and in compliance with the provisions of articles 4 and 5 of law No 136/2010.
The siting phase of assistance is, as noted, is particularly delicate because, during its course, may affect personal pressures racketeering of organized crime, often committed with violence against persons or property.
In view of this, it is necessary that they be made the subject of careful assessment coordinated control plans to verify, in relation to the site and the areas dislocation risk mapping, the need for possible changes or ongoing device integration.
The "plan of coordinated control of the shipyard and the sub construction» hinges on the establishment of a data base of whose management is responsible for the enterprise main foster or dealership that specifically identifies its own referent to construction site, where it is placed on a weekly basis, the plan of the information (the site weekly) about: a) the companies involved on construction site in any way are involved;
b) the means employed, of which shall be indicated the identification and its owners;
c) the personnel of companies whose presence is planned in the pipeline within the validity period of the plan, with its designation by name (although it has to be reiterated the Endowment's being obligatory and utilization of weave of recognition in art. 18 of Legislative Decree No 81/2008;
d) people who, for reasons other than those mentioned above, are still authorised to access site.
To ensure the respect of the concrete plan of information and thus preserve their effectiveness, it is also necessary that the referent of the pipeline communicate without delay any changes that may intervene on the data already entered into the plan.
The plan of the information is transmitted via the Prefectures in which they run the talks, their respective territorial police forces, and the direction of the works, through web interface. The police will provide the data, on the occasion of the accesses to the yards. Any anomalies or other evidence deemed of interest will be assessed by the competent Joint Group, to report to the section for the results of analyses developed.
Profits, however, point out that the responsibility for the safety of construction sites, including in relation to access power, continues to head to the prefectures of the place where the same shipyards are located. That doesn't change the fact that the Prefecture of Naples, because of antimafia special release and information expertise to all remediation, object corresponding to this address can and will activate the necessary interventions touts with regard to those of other provinces in which Prefectures are carrying out schemes the relevant economic operators to remediation — the same D.I.A. considers useful to capture elements of info-profile investigative firm.
It should also be provided for periodic meetings between the representatives of the shipyard and the Joint Group in order to make updates of the situation and development of focalpoint.
As for the tracking, for the purposes of transparency, labor flows, this requirement corresponds to the consideration that the criminal is sometimes pressure to interfere even in recruitment activities of business units, representing a form of indirect practices of masking character racketeering.
This form of monitoring can help to infrenare phenomena of exploitation and exploitation, with associated social security law evasion/avoidance, often symptomatic of criminal encroachments.
In connection with the formalities provided for in this paragraph, with particular regard to the mode of operation of the it platform to support control activities, will constitute valuable reference the system developed for EXPO by the Prefecture of Milan.
6.6. Reporting Obligations.
The company awarded the contract or foster family of remediation and other enterprises of «supply» will also take a series of obligations aimed at strengthening the framework of legality by which must develop the execution of contract.
In contracts, should be inserted special clauses that commit the company awarded the contract/a) subcontractors and enterprises to foster: denounce attempts at extortion or bribery, in any form and manner they are perpetrated;
b) assume the obligations imposed by clauses «corruption» guidelines annexed to the Protocol of legality ' concluded between the Minister of the Interior and the President of ANAC on July 15, 2014.
These clauses must be backed by appropriate penalties which, because of the seriousness of the violation, will also include the loss of the contract.
In analogy to the provisions of art. 176, paragraph 3, point e) of legislative decree 163/2011, the behaviour of an undertaking as the contractor/subcontractor will be communicated to the contractor why can be evaluated for the purposes of the subsequent admission to additional contractual procedures managed by the same contractor.
6.7. Traceability of financial flows.
The art. 2-bis, paragraph 6, of Decree No 136/2013 stipulates that, with the Decree of the President of the Council of Ministers intended to regulate definitively the white list dedicated to the reclamation of areas bells, also are established methods of traceability of cash flows arising from contracts relating to the reclamation and the granting of public provision and related provisions.
Pending the adoption of that measure, it seems necessary that traceability is achieved by observing the General rules established by articles 3 and 6 of law No 136/2010 in terms of these contracts, both as regards the granting of public funds, including European, to persons in any way interested in remediation in speech.
The Committee will, in agreement with the prefects of Naples and Caserta and the contractors concerned, the opportunity to further strengthen the system of traceability, applying to public service contracts relating to specific projects, the financial monitoring system, provided by art. 36 D.L. # 90/2014 for operations including Strategic infrastructure plan (PIS).
6.8. Protocols of legality ' institutional development contracts.
As already mentioned, the limbs. 1, section 2, paragraph 4, and 6-quinquies of Decree Law # 136/2013 require the granting of incentives from the region of Campania and reclamation interventions can take place in the context of appropriate institutional development contracts agreed between the parties interested public pursuant to art. 6 of Legislative Decree No 88/2011.
Such contracts are subject, including for Mafia control, the provisions of this code of public contracts applicable to infrastructure projects included in the PIS (articles 161 to 194), whereby they will find application art. 176, paragraph 3, of the code that requires you to enter into specific agreements aimed at ensuring the legality of public initiative and to prevent the infiltration of organized crime.
In view of this, the prefect of Naples you will load to promote the conclusion of such arrangements which must have contained guidelines formulated by this guideline.
In particular, with regard to the incentives that are provided by such contracts, it seems necessary that these agreements provide for the obligation of the Administration dispensing of always require information in respect of the data subject, anti-mafia even notwithstanding the amount limits set forth in art. 91, paragraph 1, point b) of Legislative Decree n. 159/2011 and exemption clauses laid down in art. 83, paragraph 3, point d) of the same Decree. 7. Directions to the prefect of Naples and other Prefectures.
This paragraph provides indicative elements of more specific interest to the Deputy General, but on the procedures and the scope of the inspection antimafia.
7.1. The granting process information against the mafia.
At the outset it is necessary that the mafia controls are based on the criterion of effectiveness, speed and dynamism.
In this perspective, it is therefore appropriate to confirm the operating system already experienced for Abruzzo and Expo, imputing to the prefect of Naples the competence the enactment of all notices that affect companies whose registered office is in another province, so ensuring the operational concentration of information flows also in making decisions.
Moreover, this system turned out to be particularly valuable in theory, such as that of the reconstruction in Abruzzo, where the areas concerned from the interventions were included in more provincial areas.
It is evident that, even in this case, the derogatory mechanism theorized must be accompanied by a system that supports adequately the workload that Garrison's on information exchange between all encumbrances Prefecture avoiding subjects that make up the network of monitoring and control.
Fundamental in this regard will be primarily the role of the section constituted at the prefecture as well as that of GIMBAI.
In line with the guidelines formulated by the Minister with the directive of October 28, 2013, the Committee considered to acquire the availability of Department of public safety at a particular involvement of DIA, in its central and territorial articulations in order to make more effective the mechanism of coordination and circularity disclosures which belongs to the prefect of Naples. Volunteer at dla, even owing to particular institutional mission and information assets at its disposal, constitute the indispensable hub of activities ' info-control estimate investigation notwithstanding the role of intelligence and analysis of the context that is part of the GIMBAI and other police forces operating in the area. Similar enhancement should be given, in the specific context, the component of the State Forestry Corps for the traditional vocation of contrast and prevention of environmental offences and for preeminent operational role played in monitoring of sites still being defined. In this respect will be important, therefore, that the presence of a representative of that body, already provided for within the specialized section and at GIMBAI, is ensured even under the Joint Group that operates at the Prefecture of Naples, who's going to be, so, appropriately supplemented.
In the aim to combine timeliness and incisiveness in the preventive action of the prefect, it delivers the availability expressed by the national anti-mafia Directorate to strengthen interinstitutional collaboration tools on the basis of the already experienced for Expo. What with the activation of a dedicated information enabling circuit, as far as proper investigation secrecy art. 329 c.p.p. and in accordance with the methods that are described below, verify the actuality of information contained in databases between organizations connected with criminal proceedings for offences under art. 51, paragraph 3-bis, c.p.p.
Particularly significant appears then the possibility, in the logic of proactive collaboration emerged during the meeting previously mentioned, which is the same as the national public prosecutor's Office, or through the DDA, to furnish the competent prefecture, based on investigative material collected and with utmost observance of secrecy of investigation, additional insights to better orient their action of administrative investigation release of information, both in anti-mafia investigation stage is when you sign in to the yards. What with obvious positive effects also on the level of optimization of the commitment of the police force.
Wrong finally excluded in relation to inevitable increased workload that garrison is the Prefecture of Naples, the possibility that the same Prefect, similar to what happened to Expo, may proceed, also in line with the recently formalized arrangements in the protocol concluded between the Prefecture and the Campania region, to the establishment of a task force that it can rely on the support, the administrative local, municipal and provincial police, according to operational modalities to be agreed upon in a separate instrument of treaties.
Moving on, now, to the more accurate description of the template procedural studies aimed at prefectural information release, it is believed that the process of the inspection must develop as follows: a) the contractor requires the Prefecture of Naples anti-mafia release information with regard to the undertaking awarded the contract or subcontract foster or subcontract, irrespective of their place of residence or registered office of the latter. The request must be accompanied by the information set out in art. 91, paragraph 4, of Legislative Decree No 159/2011. If the request is incomplete, because missing the essential data for the end of the proceedings, the Prefecture of Naples shall declare the improcedibilita ' according to the simplified modality established today by art. 2 of law no 241/1990, as amended by law «190/2012» no-corruption, indicating the data with which the application shall be supplemented. In that case, the time limits laid down in art. 94 in paragraphs 2 and 3 of Legislative Decree No. 159/2011 do not begin to take effect;
b) the Prefecture of Naples then proceeds to initiate immediately the necessary verifications at the Center and at the same time affect the Dia, as well as other police forces, allowing the latter to provide their full cognitive contribution with regard to companies that operate outside the province. Similar contextual communication will be given to the prefectures in the case where the company has its registered office in another province;
c) if it transpires the existence of situations under articles 67 and 84, paragraph 4, point a), b) and c) of legislative decree 159/2011, the Prefecture of Naples starts the process of verifying their actuality, engaging: 1. the Judicial authorities to know the status of criminal proceedings or of prevention. In such cases, regardless of the requested authority, it draws attention to the need to acquire the judgment from which the reading will emerge more elements useful to establish, once and for all, whether or not in relation to an undertaking examined there are attempts of mafia infiltration. Is of paramount importance, as mentioned above, the cooperation of the National Anti-mafia Directional, which, according to the agreements reached, will proceed as follows: If a name is issued a court order «obvious» for one of these offences, as well as when issued or proposed a preventive measure, the document will be retrieved from the database of D.N.A. (SIDNA), or if absent, will be required. G. jurisdiction and transmitted with PEC mode to the Prefecture of Naples.
Therefore, when they are relevant to the crimes of inscriptions from CED under art. 51, paragraph 3-bis, c.p.p. or a personal or patrimonial prevention measure, the instance of the status of the proceedings and the request for transmission of court rulings will be made, as well as A. G. competent, even the D.N.A., which yield directly the instance of the prefect.
It is stressed that the cooperation offered by D.N.A. relates exclusively to the retrieval and transmission of court documents ostensibili, as precautionary measures, personal or real, were executed, decrees that have the judgment, judgments, decrees of application and proposals for preventive measures (the latter only after execution of any seizure anticipated or notifies the proposed hearing in Chambers).
Whereas the proceedings instituted for offences under art. 51, paragraph 3-bis, c.p.p. preliminary investigation stage and are hanging in their scope or the outcome of the same patent has been taken no action (for example, protective order, request for indictment ...) or if the proposed preventive measure has not yet been served on the debtor the D.N.A. will send a reply with the following wording: «communication», having not been information which could imply that the expression used includes cases where there are no inscriptions to load of the subject, both cases where cannot be given information, as covered by secrecy.
Finally, in case the examination of CED has highlighted entries relating to offences other than those listed in paragraph 3-bis 51, c.p.p.-CDs. Spy offences which pursuant to art. 84, paragraph 4, of Legislative Decree No 159/2011 have indiziante value-request for copy of the court order must be given to prosecutors, district or county courts or bodies of p. g. processing. In this connection, to draw attention to the existence of proceedings and/or convictions for environmental crimes, including types, which-if question raised which might spy-crime within the meaning of article. 84, please refer to the considerations provided in section 5 concerning the need for the determinations of the prefect to be corroborated by further elements symptomatic pregnant and current.
Please note that all communications and data exchange will have to pass through a dedicated channel, to be agreed with the A. G.;
2. the competent police station, in order to know if the alerts referred also to get potentially likely to lead to the initiation of proceedings for the application of measures to prevent personal or current assets are to be considered if they have led to the adoption of criminal proceedings or initiatives for the application of prevention measures;
d) where in the course of the investigation does not reveal the existence of the situations above, further limiting the inspection are raised concerning documentary evidence, judicial indizianti beyond situations or prevention (article 84, paragraph 4, letters d) and f), as well as art. 91, paragraph 6, of the Legislative Decree 159/2011).
Remark for this purpose contributions that are: 1. the information activities carried out by the prefect of Naples and ordered by the prefect of another province in case the company examined have the registered office outside of Naples. In this context, will be usable tools that allow for dynamic tests on the performance of the contract (through access to building sites carried out by Joint Groups), as well as the cognitive powers referred to in Decree Law No 629/1982, with effect from 1 January 1993 prefects delegates. At this stage the findings assume the contours of an administrative investigation of prevention where there is the necessity that the prefect, authorities concerned, is to have every element considered essential to the issue of the prognostic judgment. Should not be excluded, therefore, the possibility to activate the additional cognitive powers under art. 14, paragraphs from 3-bis to septies of the Decree-Law 3-May 13, 1991, # 152, converted, with amendments, into law July 12, 1991, # 203. This represents an opportunity that the investigations are carried out according to a model within which there is constant interaction between the Prefecture of Naples, in its coordinating role, and the prefectures and their Joint Groups of the place of registered office of companies;
2. from the analysis of the DIA that took place on the basis of the activity of Joint Groups and any contributions from GIMBAI;
3. from the additional information made available to you by ideas at. G. the prefectures will transmit the results of investigations carried out at the regional level to the group headquarters located in Naples and at the distribution center DIA di Napoli. The latter on the basis of the information acquired during the investigation process will provide its own report to the Prefecture of Naples;
and if the complexity of the situations) does not allow to conclude the proceedings in the ordinary term of 45 days, pursuant to art. 92, paragraph 3, of the mafia Code, Prefecture, within a framework of collaboration, it's going to express communication to the contractor, which, as prescribed by art. 92, paragraph 3, he shall proceed to the execution of the agreement only after the next thirty days.
Remains in any case, even in relation to that stage, that if during the verification is verified the existence of situations that lead to the removal of the moral requirements which are necessary to the maintenance of registration of the enterprise in lists held by public administrations or the possibility of a suspension of the Habilitation, the prefect of Naples can give appropriate notice to the entity that holds the list , for the resulting measures.
7.2. The objective scope of the evaluation and the subjective one.
In the previous paragraphs and got called attention to the usefulness of the utmost anticipation of anti-mafia prevention pivoting on the provision contained in art. 95, paragraph 3, of the mafia Code, according to which the prefect carries out preliminary investigations on local businesses for which the risk of attempts of mafia infiltration is considered major.
The standard allows a broad estimate of companies operating in ' sensitive ' areas, such as land reclamation, regardless of their actual participation, afterwards, the execution phase. In the event that are detected the infiltration of criminal type, the provision invoked provides fully undertaking involving the exclusion effects which impede the work anyway, whatever its value or the amount of subcontracting and/or subcontract.
Of fundamental importance, for this purpose, and a chance to meet as soon as possible the framework of supply chain, starting with the figures of contractors and jobbers. This is not only in order to accelerate the anti-mafia checks before the award phase, or view permission to subcontracting, but also better planning by the prefect, in situ access activities in the next phase of execution of the contract including the same testing.
It is therefore recommended to provide, within future protocols, specific provisions that commit the companies that have been awarded to convey promptly the plan of credit lines. (1) the prefectures will take care, in accordance with the modalities laid down in the rules of art. 99, paragraph 1, of legislative decree September 6, 2011, # 159, entering data concerning the checks carried out in the national database of documentation, once the latter will become operational. (2) it should be noted that the contractors, in order to verify the ownership of foreign economic operators moral requirements for participation in tendering procedures, required by art. 38 of Legislative Decree No. 163/2006, will apply the recommendations referred to in paragraph 1.2 of the guidelines, posted on August 12, 2010, relating to the reconstruction "post earthquake in Abruzzo, accessible through the link of CCASGO at the website of the Ministry of the Interior.
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