Strategic Infrastructure Program (Law No 443/2001). " Variant Of Cannitello»: Review Awarding Authority (Cupj11H03000170000). (Resolution No. 28/2014).

Original Language Title: Programma delle infrastrutture strategiche (legge n. 443/2001).«Variante di Cannitello»: modifica soggetto aggiudicatore (CUPJ11H03000170000). (Delibera n. 28/2014).

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-03-10&atto.codiceRedazionale=15A01742&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

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 program (hereafter the «strategic infrastructure Program») 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 articles 60 and 61 of the Act December 27, 2002, n. 289 (legge finanziaria 2003) and subsequent amendments, which are set up at the Ministry of economy and finance and the Ministry of productive activities, funds for underused areas (coinciding with the territory of depressed areas of law June 30, 1998, n. 208, and the Fund established by art. 19, paragraph 5, of the Legislative Decree of April 3, 1993, # 96, in which focuses and gives you programmatic and financial unit to the collection of additional national financing interventions, in art. 119, paragraph 5, of the Constitution, are aimed at economic and social balance between areas of the country; Visto l'art. 11 January 16, 2003, law No. 3 establishing a legal system in the field of public administration ' provisions ', according to which, with effect from 1 January 2003, all public investment project must have a unique project (CUP); Having regard to the Legislative Decree of April 12, 2006, n. 163, establishing a "code of public contracts for works, services and supplies in implementation of directives 2004/17/EC and 2004/18/EC, and subsequent amendments and integrations, and seen in particular: part II, title III, chapter IV, concerning ' work on strategic infrastructure and production facilities» and specifically 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 law 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 the decree-law June 25, 2008, n. 112, converted by law no August 6, 2008. 133, and seen, in particular, article. 6-d, which established, in the estimate of the Ministry of economic development, from the year 2009 to fund priority financing of interventions aimed at strengthening the national infrastructure network, including telecommunications and energy networks and fed with national appropriations allocated for the implementation of the national strategic picture 2007-2013 ("infrastructure"); 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, concerning "special plan against the mafia, as well as delegates to the Government on anti-mafia legislation ', which, 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 Legislative Decree May 31, 2011, n. 88 laying down provisions for additional resources and special actions for the removal of economic and social imbalances, and in particular art. 4 of the same Decree, which provides that the Fund for underused areas (FAS) under art. 61 of law no 289/2002 takes the name of the Development Fund and the cohesion (FSC), and is designed to give programmatic and financial unit to the collection of additional national financing measures, which are aimed at economic and social balance between the different areas of the country; Having regard to law no 183 November 12, 2011 (2012 stability law), that in art. 33, paragraph 3, stipulated that the Fund for development and cohesion (FSC) was allocated a budget of EUR 2800 million for the year 2015, for the programming period 2014-2020, to be allocated in priority to, inter alia, the continuation of infrastructural interventions that cannot be postponed; 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, which includes the bridge over the Straits of Messina Tyrrhenian multimode Transport Corridor and in Northern Europe, between the railway systems, rail axis Salerno-Reggio Calabria-Palermo-Catania; Having regard to resolution December 27, 2002, # 143 (Official Journal No. 87/2003, corrigendum in official journal 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), by which the Committee adopted, 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 1° strategic infrastructure Program; Having regard to resolution 1° August 2003, n. 66, with which this Committee approved the preliminary design of the bridge over the Straits of Messina, in which-as specified by the Ministry instructor-included the preliminary draft of the "variant of Cannitello ' because primary interference, whose solution was considered preparatory to the construction of the Tower side Calabria del Ponte; Having regard to resolution No. 24 September 29, 2004 (Official Journal No. 276/2004), by 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. 83 (Official Gazette no 290/2006), by which this Committee: approved the final draft of the ' variante di Cannitello»; He singled out the awarding authority in «RFI S.p.a. "; awarded «RFI S.p.a.», for construction work, a contribution to 1.699 million for 15 years went by art funds. 1, paragraph 78, of law December 23, 2005, n. 266, with effect from 2007, contribution likely to develop, then current rate, an investment volume of 19 million equal to the spending limits of the intervention; in annex 1, paragraph 1.2 of the requirements to be fulfilled in the Executive project, predicted the artificial tunnel so as to obtain film coverage: a complete masking, extending to a larger scope of several kilometers, where possible, the remolding process and recontextualization this project presentation, morphological and territorially competent Ministries and the General Directorate for the architectural and landscape heritage before his execution; Having regard to resolution July 31, 2009, n. 77 (Gazzetta Ufficiale n. 242/2009), with which this Committee has amended the awarding authority of the "variant of Cannitello», by locating it in" Stretto di Messina S.p.a. ", already awarding authority of the bridge over the Straits; Having regard to resolution December 17, 2009, # 121 (Official Gazette n. 295/2010), with which this Committee has shown in 26 million expenditure for the work in question, by charging infrastructure fund resources» funding the increased cost of the intervention amounted to 7 million; Having regard to resolution No January 20, 2012. 6 (Official Gazette No 88/2012), with which this Committee has de-financed intervention in examination of those 7 million and has simultaneously refinanced, with same amount drains on the resources under art. 33, paragraph 3, of law November 12, 2011, # 183; Having regard to resolution December 21, 2012, # 136 (Official Gazette No. 103/2013 ordinary supplement), with which this Committee has delivered a favourable opinion with regard to the strategic infrastructure Program referred to 10° Annex infrastructures at the economic and financial document (DEF) 2012, which includes, in table 0 ' strategic infrastructure Program», «Salerno-Reggio Calabria-Palermo rail axis ', which includes the intervention «Railway infrastructure» Cannitello Variant; May 7, 2014 notes views, no. 17818, and May 9, 2014, n. 18127, with whom the Ministry of infrastructure and transport has, respectively, preliminary report transmitted by proposing changing the awarding authority of the intervention as ' variant to the Salerno-Reggio Calabria railway line in Cannitello», and submitted further documentation; Having regard to the note May 23, 2014, n. 20141, by which the aforementioned investigation report has incorporated the Ministry predicted proposing the assignment to the new awarding authority of availability required by the aforementioned resolution 6/2012, amounting to 7 million, and June 26, 2014 notes, # 24837, and July 9, 2014, n. 26876, with which the Ministry has provided the clarifications requested by the Department for the planning and coordination of economic policy with note May 27, 2014, # 2339; Took note of the findings of the investigation by the Ministry of infrastructure and transport, in particular: technically-procedural: that the construction of the ' variante di Cannitello» were performed by the company "Stretto di Messina S.p.a.", and completed in October 2012, and that the work is in operation; you still need to complete the procedures for testing and to run the environmental impact mitigation of the variant specified in annex 1 of resolution No. 83/2006 and in particular artificial tunnel masking and the redevelopment of the waterfront of Cannitello; that society "Stretto di Messina S.p.a.", was placed in liquidation in accordance with art. 34-decies of Decree Law October 18, 2012, # 179; the Attorney General of the State, with opinion on December 19, 2013, felt that they were not formal reports concerning variante caducati ex lege di Cannitello and "Stretto di Messina S.p.a.", albeit in liquidation, could follow up the environmental mitigation works, after implementation of the guidelines, to be adopted by the Ministry of infrastructure and transport and Ministry of economy and finance for the liquidation of own company in functional terms to the variant di Cannitello, Yes to enable the company in liquidation the functions say awarding authority assigned with resolution No. 77/2009; the Ministry of infrastructure and transport, however, has decided not to follow up the implementation of the guidelines, preparatory to the completion by ' Stretto di Messina S.p.a. "of works concerning variante di Cannitello, as suggested by the Attorney General of the State, but, in view of the forthcoming expiry of the liquidator, who would not have allowed us to complete the work in time decided to opt for changing the awarding authority of the intervention and, in particular, to recap for ' RFI S.p.a.» artificial Gallery masking and the redevelopment of the waterfront of Cannitello; under the financial aspect: that the funds referred to in the multiannual contribution assigned by resolution No. 83/2006, amounted to 24.485 million (contributions amounted to 1.699 million for fifteen years), were provided to the awarding authority "Stretto di Messina S.p.a.", up to 6.796 million (years ' 2008-2011) with direct delivery modality; that "Stretto di Messina S.p.a.", however, because of the liquidation of the company, couldn't borrow mortgage; that is available, for the liquidation of the additional cost of euro 11,953,721.69 documented by ' Stretto di Messina S.p.a. "and about jobs you have already run the ' variante di Cannitello», eleven years ' annual contribution assigned by resolution No. 83/2006, between perishing (years ' 2007), immediately available (2012, 2013 and 2014 years ') and mature (years ' by 2015 to 2021), totaling 18.689 million; that multi-year contributions pursuant to resolution No. 83/2006 is therefore the availability of an active compound, amounting to 6,735,278.31 euros; they are also available the above 7 million allocated by resolution No. 6/2012 to resources under art. 33, paragraph 3, of law November 12, 2011, # 183; that the overall cost of the intervention to mitigate the environmental impact of the variant and, particularly, artificial tunnel masking and the redevelopment of the waterfront of Cannitello, is estimated at 7 million; Considered that the Ministry of infrastructure and transport offers: editing the awarding authority of the intervention as ' variant to the Salerno-Reggio Calabria railway line in Cannitello», «Stretto di Messina S.p.a. "to" RFI S.p.a. ", which is entrusted with the implementation of the artificial tunnel masking and the redevelopment of the waterfront of Cannitello, nonche ' the assignment ' RFI S.p.a.", for the realization of these interventions , of availability required by table 4 of decision 6/2012, amounting to 7 million; certain requirements designed to regulate relations between ' Stretto di Messina S.p.a. "and" RFI S.p.a. "in connection with the transfer of functions relating to the two aforementioned operations; 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 Presidency of the Council of Ministers-Department for the planning and coordination of economic policy (DIPE) 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 intervention "Variant to the Salerno-Reggio Calabria railway line in Cannitello», shown in ' Strait of Messina S.p.a." with resolution No. 77/2009, is now located in «RFI S.p.a.», responsible for interventions for the realization of the artificial tunnel masking and the redevelopment of the waterfront of Cannitello. 2. For the realisation of the artificial tunnel masking and the redevelopment of the waterfront of Cannitello is intended to "RFI S.p.a.» the amount of 7 million euro as per resolution # 6/2012, table 4, resources under art. 33, paragraph 3, of law November 12, 2011, # 183. 3. within 15 days after the date of publication of this resolution, the company "Stretto di Messina S.p.a.", or in his stead the liquidator the Decree-Law n. 179/2012, will hand over the papers the preliminary draft concerning the interventions of «artificial», Gallery masking already shared with the relevant Superintendency of cultural heritage, and its economic framework, to "RFI S.p.a.", which, within fifteen days, because it's a further update and communicate to the Ministry of infrastructure and transport. 4. in the case of the waterfront redevelopment compensatory di Cannitello, company "Stretto di Messina S.p.a.", or in his stead the liquidator the Decree-Law n. 179/2012, will hand over to "RFI S.p.a.» its final design, including cheap, processed and the same «RFI S.p.a. "will redefine the intervention, so as to limit the cost under the residual availability after you upgrade the project and economic framework referred to in point 3, and communicate to the Ministry of infrastructure and transport. 5. the Ministry of infrastructure and transport will communicate to the Committee the final amount of resources used for the action: variant to the Salerno-Reggio Calabria railway line in Cannitello», including the masking of the artificial tunnel and the redevelopment of the waterfront of Cannitello, than assigned, and possibly to propose the use of the residual availability in favor of another intervention included in strategic infrastructure program. 6. the Ministry of infrastructure and transport will ensure, on behalf of this Committee, document retention components the projects referred to in paragraph 1. 7. That Ministry will perform support activities designed to allow this Committee to carry out the tasks of supervising the execution of works assigned to it by the legislation cited above, taking into account the indications pursuant to resolution # 63/2003 mentioned above. 8. The CUP awarded to the project in question, in accordance with resolution No. 24/2004, should be highlighted in all the administrative and accounting documentation concerning the intervention referred to in this resolution.
Rome, 1° August 2014 the President: Renzi On Secretary: Lots Recorded the Court of Auditors on February 19, 2015 control Office acts Ministry of economy and finance, Reg.ne-Prev. # 370