Reduced Scope Of The Internal Stability Pact For The Year Of The Municipalities, In Implementation Of Article 122, Paragraph 1, Of Act 218 Of December 13, 2010, # 220.

Original Language Title: Riduzione degli obiettivi del patto di stabilita' interno per l'anno2014 dei comuni, in attuazione dell'articolo 1, comma 122, dellalegge 13 dicembre 2010, n. 220.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-01-28&atto.codiceRedazionale=15A00491&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The MINISTER of economy and finance Saw the art. 1, paragraph 122, December 13, 2010, law n. 220-as replaced by art. 7, paragraph 5, of Legislative Decree No 149 September 6, 2011 and subsequently amended by art. 1, paragraph 438, December 24, 2012 law, # 228, and art. 1, paragraph 545, lit. a), b), c), 147-December 27, 2013, no law which provides that the Minister of economy and finance, with a special decree, issued in agreement with the State Conference-city and local governments, authorizes the reduction of annual targets of local qualifying for sanction of reducing experimental fund rebalancing and coordination, as well as fund transfers to State revenue for municipalities in the region of Sicily and Sardinia in case of failure to reach the goal of the internal stability pact. The amount of the overall reduction for provinces and municipalities is commensurate financial effects determined by the application of the penalty, in the event of failure to achieve the objective of the internal stability pact, made from the Fund of experimental rebalancing and equalising Fund as well as on transfers to State revenue for municipalities in the region of Sicily and Sardinia; Visto l'art. 1, paragraph 384 of law No. 228 of 2012, which provides that, for the years 2013 and 2014, the existing provisions on penalties that recall the experimental fund rebalancing or transfers to State revenue in favor of the municipalities of the region of Sicily and Sardinia will be deemed to refer to the municipal solidarity fund established under paragraph 380) (b) of that article. 1 of the quoted law No. 228 of 2012; Visto l'art. 31, paragraph 1, of law November 12, 2011, # 183, which provides that provinces and municipalities with populations of over 1,000 inhabitants contribute to the achievement of the objectives of public finance in accordance with the provisions of art invoked. 31, which constitute the fundamental principles of co-ordination of public finance, in accordance with articles 117, third subparagraph, and 119, second paragraph, of the Constitution; Having regard to the Decree of the Ministry of economy and finance # 11400 of February 10, 2014, adopted under subsection 19, second sentence, art. 31 of law No. 183 of 2011, with that defines the method of identifying the objectives for the period 2014-2016 of each local authority within the meaning of that article. 31 of law no 183 of 2011; Visto l'art. 31, paragraph 20, first and second period, of that law no 183 of 2011-as amended by paragraph 445, art. 1 of law No. 228 of 2012 and thereafter by art. 1, paragraph 539, lit. a) b) c) and d) of law No 147 of 2013-which provides that for the purposes of verifying compliance with the objectives of the internal stability pact, each local Government pursuant to paragraph 1 of that article. 31, it is required to submit, using the specially provided for the internal stability pact on the web site «http://pattostabilitainterno.tesoro.it» within the deadline of 31 March of the year following the reference, to the Ministry of economy and finance-the State General Accounting Department, a financial balance in terms of shared competence certification obtained, digitally signed by the legal representative , the person responsible for the financial service and financial auditors; Visto l'art. 31, section 20-bis of law No. 183 of 2011-as introduced by paragraph 446, art. 1, of law no 228 of 2012-it provides that after 60 days from the date laid down for the approval of the annual report, the local government is still required to submit a new certification, in previous rectification if it finds, than already certified, a worsening of its position in relation to the objective of the internal stability pact; Visto l'art. 31, paragraph 26) (a) of law no 183 of 2011, which provides that in case of failure to comply with the internal stability pact, the local government defaulted in the year following that in which the infringement is established, it is subject to a reduction of experimental fund rebalancing or equalising Fund in an amount equal to the difference between the result logged and the predetermined and that local policy goal of Sicily and Sardinia region are subject to reduction of transfers to State revenue in the same measure; and finally that in case of insufficiency of these funds, local authorities are required to pay at the entrance of the State budget the amounts remaining; Visto l'art. 31, paragraph 26) (a), last sentence, of law no 183 of 2011, which provides that the penalty shall not apply in case the internal stability pact targets exceeded is determined by higher spending for operations carried out with the share of funding related to the national and European Union funding than the average of the corresponding expenditure of the previous three years; Visto l'art. 43, paragraph 3-bis, first sentence, of Decree-Law No 133, September 12, 2014 submitted by reads November 11, 2014 conversion, # 164, under which the penalty provided for by art. 31, paragraph 26) (a) of law no 183 of 2011, for breach of the internal stability pact 2013, without prejudice to the remaining sanctions, in 2014 applies up to an amount equal to 3 per cent of current revenue recorded in the last available financial statements of the municipality defaulting; Visto l'art. 43, paragraph 3-bis, second sentence, of Decree-Law No 133, September 12, 2014 under which at the request of municipalities that have turned into the year 2014 the multi-annual financial rebalancing procedure provided for by art. 243-bis of the consolidated laws on sorting of local authorities, referred to in Legislative Decree of August 18, 2000, n. 267, as amended, and to those who in the same year have resolved the financial difficulties, the payment of the penalty referred to in the first sentence can be spread over ten years and the financial effects brought about by its application does not contribute to the reduced scope of the internal stability pact as per paragraph 122 of art. 1 December 13, 2010, law # 220; Visto l'art. 18 of Decree Law 6 March of 2014, n. 16, converted with amendments by the May 2, 2014, law n. 68 laying exceptionally, for the year 2014, multi-year contributions earmarked for municipalities that assignees of the purposes of art. 6, November 29, 1984, law No. 798, which did not reach the goal of the internal stability pact does not apply the penalty referred to in paragraph 26, point d), art. 31 of law no 183 of 2011 and, the penalty referred to in paragraph 26) (a) of the cited art. 31, applies in the sense that the institution itself is subject to a reduction of the municipal solidarity fund in an amount equal to the difference between the result logged and the predetermined and programmatic objective anyway for an amount not exceeding 3 percent of current revenue recorded in the last statement, and, finally, that in case of insufficiency of these funds, local authorities are required to pay at the entrance of the State budget the amounts remaining; Visto l'art. 20, paragraph 1, of Decree-Law n. 16 of 2014, which provides that, with respect to the financial year 2013, against the city of L'Aquila will not apply the measures referred to in paragraph 26 of the art. 31 of law No. 183 of 2011, as amended, nor the additional sanctions laid down by the provisions of the internal stability pact; Visto l'art. 7 of Decree-Law No 119, August 22, 2014 converted with amendments by law October 17, 2014, n. 146, which States that in the year 2014, for the towns of Agrigento, Caltanissetta, Catania, Augusta, Lampedusa, Mineo, Palermo, Porto Empedocle, Siculiana, Pozzallo, Ragusa, Siracusa and Trapani, which are most affected by migratory pressure, the expenses related to that migratory pressure are excluded from internal stability pact limits the total amount commensurate with 50 per cent of financial effects determined by the application of penalties as per paragraph 26 (a)), with art. # 183 November 12, 2011, 31 of the law, and that the division between the communities concerned is defined by Decree of the Ministry of the Interior October 15, 2014, with the consequence that the reduced scope 2014 communes under art. 1, paragraph 122, of law No 220 of 2010, it restated; Visto l'art. 31, section 6-bis of law no 183 of 2011, according to which, in order to stabilize the negative effects on the internal stability pact linked to the management of features and services in a partnership, it is the reduced scope of Commons who run as ringleaders, functions and services in a partnership and the corresponding rise of the objectives of the associated municipalities not ringleaders. To that end, by March 30 of each year, the National Association of Italian municipalities (ANCI) shall notify the Minister of economy and finance, by means of the web system "http://pattostabilitainterno. tesoro.it "of State accounting, reduction and increasing amounts of goals of each municipality referred to in this paragraph on the basis of the aforementioned instances produced by 15 March of each year in public; Considered that art. 41, paragraph 3, of Decree-Law n. 66 of 2014, according to which the reduction of the objectives referred to in paragraph 122 of the art. 1 December 13, 2010, law n. 220 it is applied, on the basis of the criteria identified by Decree of the Minister of finance referred to in that paragraph 122, exclusively for local authorities that are respectful of the payment deadlines laid down by legislative decree October 9, 2002, n. 231, as noted in the internal stability pact, certification is not feasible for the year 2014 as the certifications were already produced by local authorities; Considering that the overall reduction of policy objectives of local authorities, in the implementation of the said paragraph 122, art. 1 of law No 220 of 2010, it's commensurate financial effects determined by the application of sanctions, in the event of failure of the internal stability pact, from the Fund of experimental rebalancing, and the equalising Fund as well as on transfers to State revenue for municipalities in the region of Sicily and Sardinia region and that, on the basis of information from certificates sent by local authorities under subsection 20 , art. 31 of law No. 183 of 2011, shows that as of November 27, 2014, 59 municipalities are failing to achieve the objective of the internal stability pact in the year 2013; Considered that municipalities in Bellegra, Calvi, Mozzate, Pozzallo, Sedrina, Feroleto della Chiesa and Sant'Omero integrate the situations described in art. 43, paragraph 3-bis, second sentence, of Decree-Law No 133 of 2014; Given that the city of London, while being among the municipalities that have not reached the goal, triggered an audit concerning the existence of the requirements for the application to the internal stability pact 2013 and that consequently, in via irrogatagli, the financial effects brought about by the sanction prudential does not contribute to the reduced scope of the internal stability pact as per paragraph 122 of art. 1 of law No 220 of 2010; Given that the town of Caltagirone is still suspended the deadline for approving the budget 2013 because the hypothesis statement regularly rebalanced formulated pursuant to art. 261 of Legislative Decree No 267 of 2000 wasn't yet approved by Decree of the Minister of the Interior and that consequently, in via irrogatagli, the financial effects brought about by the sanction prudential does not contribute to the reduced scope of the internal stability pact as per paragraph 122 of art. 1 of law No 220 of 2010; Considering that by Decree of the Minister of economy and finance # 78226 of November 25, 2014, issued in agreement with the State Conference-city and local governments, it was entitled the reduced scope of the internal stability pact by the year 2014 from the provinces, pursuant to art. 1, paragraph 122, of law No 220 of 2010; Considered that the amount of financial effects determined by the application of the penalty to the municipalities that have not achieved the goal of the internal stability pact, on November 27, 2014, amounts to euro 27,667,934; Whereas with Decree of the Ministry of the Interior of the 1 St December 2014 and 50 percent reserve has been distributed under art. 7 of the Decree-Law No 119 of 2014 to Sicilian municipalities identified by norm affected by migratory flows and that consequently the amount Sharon between the municipalities under subsection 122, art. 1, law No 220 of 2010, amounts to euro 13,833,967; Decided to devote the remainder of the plafond of euro 3,573,967 to internal stability pact Sicilian municipalities respectful 2013 identified by art. 7 of the Decree-Law n. 119 of 2014; Seen the list transmitted by the ANCI-Member under subsection 6-bis of article. 31 of law no 183 of 2011 to communicate to the State accounting amounts decreasing and increasing common objectives of ringleaders and the communes associated that have reached agreement-which identifies the municipalities benefiting from the 2014 target reduction by this Decree and its amount; Seen an opportunity to proceed, in order to implement the provisions referred to in the year 2014 invoked paragraph 122, art. 1 of law No 220 of 2010, the enactment of the Decree of the Minister of finance in agreement with the State Conference-city and local autonomies for the reduced scope 2014 communes, as restated as a result of art. 7 of Decree Law No 119 of 2014; View the agreement enshrined in State Conference-city and local authorities at its meeting of December 16, 2014;
Decrees: article 1. For the year 2014, the associated municipalities, respectful of the internal stability pact 2013, which, under subsection 6-bis of article. 31 of law no 183 of 2011, worsened its internal stability pact target 2014 to lessen negative effects on the goal of their common parent associated with operations of features and services in a partnership, reduce its goal of internal stability pact by an amount equivalent to the worsening argued, and indicated in the attached table "A", totalling euro 10,260,000. 2. For the year 2014, the municipalities referred to in art. 7 of Decree Law No 119 of the internal stability pact 2014, 2013, reduce its goal of internal stability pact by a total amount of EUR 3,573,967, broken down by each municipality, as shown in table "B" appended, in proportion to population size. This Decree will be published in the official journal of the Italian Republic.
Rome, January 15, 2015 the Minister: P