Strategic Infrastructure Program (Law No 443/2001); Water Scheme Basento Bradano, Trunk Of Acerenza; Iiilotto Distribution. Review Awarding Authority (G86G06000020005 Cup). (Resolution 27/2014).

Original Language Title: Programma delle infrastrutture strategiche (Legge n. 443/2001);schema idrico Basento Bradano, Tronco di Acerenza; distribuzione IIILotto. Modifica soggetto aggiudicatore (CUP G86G06000020005).(Delibera n. 27/2014).

Read the untranslated law here:

The INTERMINISTERIAL COMMITTEE FOR ECONOMIC PLANNING having regard to act December 21, 2001, n. 443, which, under art. 1, ruled that the public and private infrastructure and strategic settlements and pre-eminent national interest, to be carried out for the modernization and development of the country, are identified by the Government through a programme formulated in accordance with the criteria and procedural instructions contained in the same article, leaving this Committee to approve, in the first application of the law, the above program by December 31, 2001; Having regard to Act 1° agosto 2002, n. 166, which under art. 13 brings changes to the mentioned art. 1 of law No 443/2001; Having regard to Legislative Decree of March 18, 1947, provisional head of State # 281 on the creation of an institution for the development of irrigation and land transformation in Apulia and Lucania, and July 11, 1952, law n. 1005 on ratification, with modifications, of the aforementioned legislative decree and the expansion of the area of activity of the institution itself (hereafter, referred to as EIPLI) municipalities in Irpinia; Having regard to the Decree of the President of the Republic April 18, 1979 establishing a partial transfer to the regions of Puglia, Basilicata and Campania of aforementioned goods and the institution's staff, which features the same institution-residual-also provides a chance to "provide assistance as an instrument technician-Executive, instructed or granting regions and local authorities, concerning the implementation the maintenance and operation of public irrigation works and any associated hydraulic reclamation»; View January 16, 2003, law No. 3 establishing a legal system in the field of public administration "provisions which, under art. 11, provides that as from 1 January 2003 every public investment project must have a unique project (CUP); Having regard to the Legislative Decree of April 12, 2006, # 163, concerning the code of public contracts for works, services and supplies in implementation of directives 2004/17/EC and 2004/18/EC ' (hereafter «public contracts code "), as subsequently amended and supplemented, and visas, in particular: part II, title III, chapter IV, concerning ' work on strategic infrastructure and production facilities» and in particular art. 163, which confirms the responsibility of the investigation and the helper function in the activities of this Committee at the Ministry of infrastructure and transport, which can purposely use appropriate "technical mission", which is charged with the responsibility of ensuring consistency between the contents of the preliminary report and its supporting documentation; the art. 256, which repealed Decree August 20, 2002, # 190, concerning the "Implementation of Act No. 443/2001 for the construction of infrastructure and production facilities and strategic national interest», as supplemented and amended by the Legislative Decree of August 17, 2005, # 189; Having regard to law No 244 December 24, 2007 (Finance Act 2008) and subsequent amendments and additions, which, under art. 2, paragraph 634, predicted the reorganization, transformation or closure and liquidation of, inter alia, State agencies and public bodies to have with one or more regulations to be issued by the date of October 31, 2009; Having regard to the decree-law June 25, 2008, n. 112, converted by law no August 6, 2008. 133, as amended and supplemented, which, under art. 26, paragraph 1, provides, inter alia, the Elimination of all non-economic public bodies for which, at the end of October 31, 2009, have not been approved in advance by the Council of Ministers the schemas of the reorder or for which regulations have not been issued ordering regulations pursuant to art. 2, paragraph 634, of law No 244/2007; Having regard to the Decree-Law No November 3, 2008 171, converted, with amendments, by law December 30, 2008, # 205, that art. 3, paragraph 3-bis, he predicted, for the aforementioned EIPLI, the extension of the period referred to in the March 31, 2010 invoked Decree-Law No 112/2008, art. 26, paragraph 1; Having regard to the Decree-Law No 194, December 30, 2009 converted by law No 25 February 26, 2010, which, under art. 2, paragraph 6, extended to December 31, 2010 the term concerning the adoption of the Decree of reordering of EIPLI; Having regard to the Decree-Law December 29, 2010, # 225, converted by law no February 26, 2011. 10, which, under art. 2, comma 2-quinquiesdecies of Consob issuer, has further extended the deadline above invoked, securing it to the December 31, 2011, and that Furthermore, within that deadline, he expected that the adoption by the Agency of the Ministry of agriculture, food and forestry and with the procedures laid down in art. 26 of the said Decree-Law No 112/2008, «regulation of reordering or deletion, after liquidation '; Having regard to law no August 13, 2010. 136, as amended by Decree-Law No 187, converted by law November 12, 2010 December 17, 2010, # 217, which bears a special plan against the mafia, as well as a delegation to the Government on anti-mafia legislation and that, among other things, defines the penalties applicable in the event of failure to comply with the obligations provided by law, including failure to affix the CUP on payment instruments; Having regard to the Decree-Law December 6, 2011, n. 201, converted, with amendments, by law December 22, 2011, # 214, and amended by Decree-Law December 29, 2011, # 216, converted by law No 14 February 24, 2012 December 24, 2012, both by law n. 228, that art. 21, paragraphs 10 and 11, he predicted: the abolition and liquidation of the EIPLI, from the date of entry into force of the same Decree-Law (December 6, 2011); the transfer, by September 30, 2012, functions, human and material resources as well as the institution's assets and liabilities reports "on the subject constituted or identified by the regions concerned, ensuring adequate representation of competent government departments '; the entrustment of the liquidation of the same institution, management by date of abolition and until the adoption of the measures referred to in that paragraph 11, with existing management Commissioner, which has maintained the powers necessary to ensure the regular exercise of the functions of the institution, also in relation to third parties; Having regard to resolution No 121 December 21, 2001 (Official Gazette No. 51/2002 ordinary supplement), with which this Committee, under invoked art. 1 of law No 443/2001, approved the 1 St program of strategic works, that annex 3 includes the Bradano Basento-trunk ' pattern Acerenza water-distribution III lot '; Having regard to resolution December 27, 2002, # 143 (Official Journal No 87/2003, errata in Official Gazette No. 140/2003), in which this Committee defined the system for the allocation of the CUP, which must be requested from the responsible party as referred to in point 1.4 of the resolution itself; Having regard to resolution July 25, 2003, n. 63 (Official Gazette No. 248/2003), with which this Committee has formulated, inter alia, procedural guidelines regarding activities that support the Ministry of infrastructures and transport and is expected to perform for the purposes of supervision on the implementation of the interventions included in the programme of strategic infrastructure; Having regard to resolution No. 24 September 29, 2004 (Official Gazette No. 276/2004), with which this Committee has determined that the CUP must be marked on all administrative and accounting documents, paper and computer, public investment projects, and should be used in the databases of the various systems, however interested in these projects; Having regard to the resolution March 29, 2006, n. 106 (Official Gazette No. 274/2006), with which this Committee approved the preliminary draft of the Bradano Basento Valley-water-trunk ' pattern of Acerenza, distribution III lot ', noting that the awarding authority has been detected in the region of Basilicata; Having regard to resolution January 25, 2008, n. 3 (Official Gazette No. 182/2008), with which this Committee has approved the final plan of action: water scheme Basento-Bradano-trunk of Acerenza-distribution III lot ', identifying in euros 101,768,337.02 its spending limit to date and giving the region Basilicata contributions to complete coverage of that limit in terms of investment volume; Having regard to resolution No August 3, 2011. 59 (Official Gazette No. 283/2011), with which this Committee has identified in that EIPLI the new awarding authority of the intervention under investigation, foreseeing that, in case of deletion of the institution, the Ministry of infrastructures and transport were to provide to propose this new discovery Committee awarding authority and calling on the Ministry to communicate any updates on the time schedule of the intervention and the status of funding awarded; Having regard to resolution December 21, 2012, # 136 (Official Gazette No. 103/2013), with which this Committee has delivered a favourable opinion on the attachment infrastructure to the economic and financial document (DEF) 2012, which, in table 0, ' strategic infrastructure Program, "between the" water Schemes Basilicata», «intervention Scheme includes Basento-3 trunk of Acerenza, Bradano° lot '; April 7, 2014 notes views, # 13963 and n. 13988, with whom the Ministry of infrastructure and transport requested the inclusion in the agenda of the first meeting of this Committee of action: water schemes Basilicata region: Basento-Bradano-trunk of Acerenza-lot 3 distribution. Proposal of change in awarding authority ' and sent its preliminary documentation; April 16, 2014 notes views, # 15351, May 9, 2014, n. 18122, and June 18, 2014, delivered during the preparatory meeting of this Committee and acquired at the Department's Protocol for the planning and coordination of economic policy at # 2682, with whom the Ministry of infrastructure and transport has integrated these documents investigation and provided further clarification; Took note of the findings of the investigation by the Ministry of infrastructure and transport and transmitted with the above notes, in particular: that, following a request of EIPLI to vary the level of disbursements of contributions allocated to the intervention, the Legislative Office of the Ministry of economy and finance had observed that the same unit couldn't be considered awarding authority for intervention under consideration given the expiry of the time limit laid down invoked art. 21, paragraph 11, of Decree-Law No 201/2011; that even the Attorney General of the State, in its opinion sent by note January 14, 2014, n. 14194, it is expressed negatively about the continuation of the functions of awarding authority of a strategic infrastructure by the current management Commissioner of EIPLI, not believing that the holding of that role falls between the institutional functions of the institution itself transferable to the Commissioner, within the meaning of that article. 21, during the period of liquidation of the institution; that the region of Basilicata, with note January 16, 2014, n. 6869, serves as an ad hoc Commissioner awarding authority intervention «», indicating the person of ing. Radzinski, currently Commissioner of the same EIPLI, and that its appointment isn't however intervened; the Ministry of infrastructure and transport, being unable to appoint extraordinary Commissioners acting as awarding authority, the new discovery has awarding authority in the region of Basilicata, which has also already covered that role in the preliminary and final project approval of the intervention itself, by requesting that this Committee should assess the possibility of attributing to ing. Radzinski the above function; This report presents updates on: infrastructure financial profiles, specifying, inter alia, that all States work progress 3 January 31, 2014 were issued totaling 7.595 million, which must be added the cost of designing (0.900 million euros + VAT); the schedule of activities, noting that the works have been started on May 21, 2013 and ending supposedly on September 10, 2016; Having regard to the opinion of the Attorney General of the State, above, and given that is not reported to synthetically was appointed a Commissioner for the construction of the work; Deemed to include, among the obligations of the awarding authority, to assure this Committee consistent content and constant flows of information, methods with the monitoring system of public investment in art. 1, paragraph 5, of the law May 17, 1999, n. 144; Given the proposal carried out under the existing regulation of this Committee (article 3 of resolution April 30, 2012, # 62); Having regard to the note 1° August 2014, # 3327, prepared jointly by the Department for economic planning of the Presidency of the Council of Ministers and the Ministry of economy and finance and post to base of today's sitting of the Committee, containing evaluations and prescriptions from bring in this resolution; On the proposal of the Minister of infrastructure and transportation;
Resolution: 1. the awarding authority of the Bradano Basento «water scheme-intervention-tack trunk-distribution III lot ' of which the deliberations of this Committee n. 106/2006 and n. 3/2008 is located in the region of Basilicata. 2. The aforementioned region takes over the Organisation for the development of irrigation and land transformation in Puglia, Lucania and Irpinia (EIPLI), former awarding authority, in the title of the active and passive relations relating to the intervention referred to in paragraph 1, including the assignment of contributions placed in paragraph 2 of that resolution of this Committee # 3/2008. 3. the Ministry of infrastructure and transport will monitor the progress of the work on the action referred to in paragraph 1. 4. The CUP awarded to the intervention referred to in paragraph 1, in accordance with resolution No. 24/2004, should be highlighted in all the administrative and accounting documentation concerning the intervention itself. 5. The awarding authority referred to in point 1 must assure this Committee constant flows of consistent information for content and method with public investment monitoring system referred to in art. 1 of law No 144/1999.
Rome, 1° August 2014 the President: Renzi Secretary: Lots recorded at the Court of Auditors on December 22, 2014 admission to see partial (as approved in the meeting of December 18, 2014) with deletion of art. 5. Office control acts Ministry of economy and finance, prev. # 4029