Warning: The coordinated text published here was drawn up by the Ministry of Justice in accordance with art. 11, paragraph 1, of the consolidated text of provisions concerning the promulgation of laws, the enactment of decrees of the President of the Republic and the official publications of the Italian Republic, approved by P.r.decree December 28, 1985, # 1092, and art. 10, paragraph 3, of the same text only, in order to facilitate the reading of the provisions of the decree-law, integrated with changes made by the conversion law which of those mentioned in the Decree, transcribed in the notes. Do not change the value and effectiveness of legislative acts herein.
Changes made by the Act of conversion are printed in italics.
These changes are shown in video between the marks ((...)).
Under article 15, paragraph 5, of law. August 23, 1988, n. 400 (Regulates Government activities and sorting of the Presidency of the Council of Ministers), the amendments made by the law of conversion shall take effect from the day following that of its publication.
Art. 1 strengthening the discipline of national strategic interest companies in receivership crisis 1. In article 2, paragraph 2, second sentence, of Decree-Law No 347 December 23, 2003, converted, with amendments, by law No 39 February 18, 2004, hereinafter referred to as ' Decree-Law No. 347, "after the words" for companies operating in the sector of essential public services» are inserted as follows: ' — who run at least one industrial plant of national strategic interest in accordance with article 1 of Decree Law December 3, 2012, # 207, converted, with amendments, by law no 231 December 24, 2012». 2. after paragraph 2-bis of article 2 of Decree-Law No. 347, 2 is inserted as follows: '-ter. An application for admission to extraordinary administration procedure of companies that manage at least one industrial plant of national strategic interest in accordance with article 1 of Decree-Law No December 3, 2012. 207, converted, with amendments, by law no December 24, 2012. 231, which are subject to extraordinary Commissioner pursuant to Decree-Law No 61 June 4, 2013, converted, with amendments, by law no August 3, 2013. 89, and is presented by the Special Commissioner. In that case, the Commissioner for the purposes of this Decree-Law n. 61 of 2013 can be appointed Special Commissioner of extraordinary administration procedure. ' ((2-bis. In article 3 of Decree-Law No. 347, after paragraph 1-bis is inserted as follows: ' 1-ter. For businesses that handle at least one industrial plant of national strategic interest in accordance with article 1 of Decree-Law No December 3, 2012. 207, converted, with amendments, by law no December 24, 2012. 231, and authorized to extraordinary administration procedure provided for in this Decree, the credits prior to the admission procedure, claimed by SMEs identified by recommendation 2003/361/EC of May 6, 2003, about performance environmental sanitation, safety and continuity of activity essential production plants as well as ' front claims related to environmental restoration , safety and implementation of measures in the area of environmental and health protection under the plan referred to in the Decree of the President of the Council of Ministers March 14, 2014, published in the Official Gazette No. 105 of May 8, 2014, are prededucibili under article 111 of Royal Decree March 16, 1942, n. 267, as amended ". )) 3. In article 4, paragraph 2, of Decree-Law No. 347, the words "operating in the sector of essential public services ' shall be replaced by the following: ' referred to in article 2, paragraph 2, second sentence,». 4. Article 4 of Decree-Law No. 347, paragraph 4-c is replaced by the following: "4-c. Without prejudice to the principles of transparency and non-discrimination for any transaction governed by this Decree, notwithstanding the provisions of article 62 of Legislative Decree No 270 July 8, 1999, and with reference to article 2, paragraph 2 the undertakings referred to in the second sentence, and businesses of the group, the Commissioner identifies the renter or buyer, privately, among those that guarantee , depending on the case, the continuity in the medium term of its essential public service which is the continuity of national strategic interest production factory also with respect to the warranty of adequate employment levels as well as the quickness ((and efficiency)) and compliance with the requirements laid down in the national law and the treaties signed by Italy. The rental or sale price below market aren't as resulting from expertise made by a leading financial institution which function as independent expert, detected by Decree of the Minister of economic development. ((The Commissioner requires the prospective tenant or buyer, upon presentation of the offer, the presentation of a business plan and financial framework in which investment must be reported with the necessary financial resources and its method of cover, which envisaged to ensure such purposes as well as the strategic objectives of industrial production plants of the group.)) Apply the third, fifth and sixth subparagraphs of article 104-bis of the Royal Decree of March 16, 1942, n. 267. The authorization referred to in the fifth paragraph of article 104-bis of the Royal Decree of March 16, 1942, no. 267, is issued by the Minister of economic development and the creditors ' Committee provided for by the third and fifth paragraph is replaced by the Monitoring Committee. Apply from the fourth to ninth paragraphs of article 105 of the Royal Decree of March 16, 1942, n. 267.». ((5. Article 4 of Decree-Law No. 347, paragraph 4-e is replaced by the following: "4-e. The acceptance of undertakings referred to in article 2, paragraph 2, second sentence, to extraordinary administration procedure provided for in this Decree and the Economic and financial state of such undertakings do not result, for a period of eighteen months from the date of admission to the procedure laid down in this Decree, the loss of the requirements for the maintenance, the same, any approvals, certifications, licenses, concessions or other deeds or titles for the exercise and the conduct of its activities as of the date of submission to the procedure provided for in this Decree. In the case of rental or sale of companies and branches of companies under this Decree, approvals, certifications, licenses, concessions or other acts or securities are transferred to the lessee or the buyer». )) 6. Paragraphs 1 and 4 of article 4-bis of Decree-Law No. 347, the words "renovations ' are deleted. 7. in article 6, paragraph 1, of Decree-Law No 347 after the first period is inserted as follows: ' I'm not in any case subject to revocation action documents and payments made during the extraordinary Commissioner referred to in Decree-Law June 4, 2013, # 61, converted, with amendments, by law No 89 August 3, 2013, in implementing the objectives referred to in article 1 , paragraph 2, of the same Decree-Law No 61 of 2013. "