Strategic Infrastructure Program (Act No. 443/2001) Railway Connection Av/ac Verona-Padua And Verona And Fasetra First Montebello Vicentino Routes Between Grisignano Di Zocco. Recurrence Of Constraint Preordained Expropriation To ...

Original Language Title: Programma delle infrastrutture strategiche (Legge n. 443/2001)Collegamento ferroviario AV/AC Verona - Padova tratte di prima fasetra Verona e Montebello Vicentino e tra Grisignano di Zocco e Padova.Reiterazione del vincolo preordinato all'espropri...

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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 May 17, 1999, n. 144, that art. 1, paragraph 5, setting up this Committee the «public investment monitoring system "(MIP), with a mandate to provide timely information on the implementation of development policies and functional to the power of a database held within this same Committee; Having regard to the Decree of the President of the Republic June 8, 2001, # 327, bearing the single text of the laws and regulations on expropriation for public utility, and s; 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 act January 16, 2003, n. 3 establishing a legal system in the field of public administration "provisions which, under art. 11, provides that as 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 s, 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. 165, paragraph 7 bis, which provides for strategic infrastructure the constraint preordained expropriation lasts seven years, starting from the date it becomes effective resolution of this Committee approving the preliminary draft of the opera. Within that period, it can be approved the final project that involves the Declaration of public utility of the work. In case of non-approval of the final draft in that period, the constraint preordained expropriation lapses and apply the discipline dictated by art. 9 of the consolidated law on construction approved by Decree of the President of the Republic June 6, 2001, n. 380. Where it is necessary to reiterate the constraint preordained expropriation, the proposal formulated in this Committee by the Ministry of infrastructure and transport, on application by the awarding authority. The reiteration of the constraint is placed with reasoned deliberation of this Committee in accordance with art. 165, paragraph 5, third and fourth period, of the aforementioned legislative decree n. 163/2006. The provision of paragraph 7 bis notwithstanding art. 9, paragraphs 2, 3 and 4, of the Decree of the President of the Republic # 327/2001;
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 the decree-law June 25, 2008, n. 112, converted by law no 133, August 6, 2008 in art. 12, paragraph 1, inter alia replaces the paragraph 8-sexiesdecies art. 13 of the Decree-Law January 31, 2007, # 7, passed into law, with amendments, by law No 40 April 2, 2007, predicting that, as a result of withdrawals in accordance with paragraph 8-quinquiesdecies of Consob issuer of that art. 13, conventional relationships entered into by high speed Train S.p.A. (hereafter «TAV S.p.A. ") with the General contractors on October 15, 1991 and on March 16, 1992 continue, without solution of continuity, with Rete ferroviaria italiana S.p.A. (hereafter «RFI S.p.A."); Visto l'art. 2 December 23, 2009, law n. 191 (Finance Act 2010), which included the possibility that by decrees of the President of the Council of Ministers, on a proposal of the Minister of infrastructure and transport, in consultation with the Minister of economy and finance, are identified specific priority projects which can be started for building lots nonfunctional, and having regard in particular to paragraph 232, that: identifies the requirements for the projects to be implemented for building lots;
identifies the conditions for their permissions by this Committee;
points out that the decisions adopted by the Committee should not result in any case, new contractual obligations towards third parties borne by the awarding authority of the work for which there is no full financial coverage;
paragraph 233, which stipulates that, with the authorization of the first batch, the Committee takes the programmatic commitment to finance the entire work;

paragraph 234, which establishes that the attachment infrastructure to the economic and financial planning document (now economic and financial document) give distinct evidence of assistance referred to in paragraphs 232 and 233; 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 law No 147 December 27, 2013, that art. 1, clause 76 provides that, inter alia, trafficking in Brescia-Verona-Padova railway line AV/AC Milan-Venice, are made with methods required by b) and c) subsection 232 and 233 and 234 paragraphs of art. 2 of the above Act n. 191/2009 and that this Committee can approve its preliminary projects even in more of the financing of the implementation phase and their final designs provided that there are sufficient financial availability to finance a first batch of value not less than 10 percent of the total cost of works by authorizing expenditure for this purpose, through direct supply , of 120 million euros for each of the years from 2015 to 2029, a total of 1,800 million; Having regard to the decree-law June 24, 2014, # 90, passed into law, with amendments, by law No 11 August 11, 2014, which, under art. 36, identifies the method of financial monitoring of the work on the strategic infrastructure and production facilities under articles 161, 176, paragraph 3-bis and paragraph 6, point e), of the aforementioned legislative decree n. 163/2006; Visto l'art. 3 of Decree-Law No September 12, 2014. 133 which includes: 1 paragraph that, to allow in the year 2014 the continuity of works in progress, or the improvement of contractual acts aimed at the start of work, both increased the Fund set up in the estimates of the Ministry of infrastructure and transport in accordance with article 18, paragraph 1, of Decree-Law No 69, June 21, 2013 converted with amendments by law August 9, 2013 , # 98, for a total of 3,890 million;

in paragraph 2 that, by decrees of the Minister of infrastructure and transport, in consultation with the Minister of economy and finance, is financed, drains on the resources referred to in paragraph 1, between other work outsourced by December 31, 2014 and executable by June 30, 2015, an additional constructive AV/AC Axis axis lot Verona Padova; Having regard to resolution December 21, 2001, # 121 (G.U. n. 51/2002 S.O.), with which this Committee within the meaning of the said art. 1 of law No 443/2001, approved the "first program of strategic works», as well as its annex 1, including in the context of the railway systems the" railway axis on the corridor route 5 Lyon-Kiev (Turin-Trieste) '; Having regard to resolution December 27, 2002, # 143 (G.U. n. 87/2003, errata in O.j. # 140/2003), with which this Committee has called the system for the allocation of the CUP; Having regard to resolution July 25, 2003, # 63 (O.j. n. 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, # 94 (O.j. n. 219/2006), with which this Committee approved the preliminary draft of the "railway connection AV/AC Verona-Padova», limited to flights of 1 ^ stage between Verona and Montebello and between Bundaberg and Padua, with a spending limit of 3,333 million; Having regard to resolution December 21, 2012, # 136 (O.j. n. 103/2013), with which this Committee has expressed an opinion about the attachment infrastructure to the economic and financial document (DEF) 2012, containing the strategic infrastructure program update, which, under the heading "infrastructure 5 Corridor rail axis LYON-K», «intervention includes HS/HC Verona Padova»; Having regard to resolution 1° August 2014, n. 26, pending formalization, with which this Committee has delivered a favourable opinion with regard to the strategic infrastructure Program referred to 11° Annex infrastructures at the economic and financial document (DEF) 2013, confirming, in table 0 ' programme ' under the heading ' strategic infrastructure Infrastructure 5 Corridor rail axis LYON-K», «HS/HC Verona Padova», with a cost of 5,130 million; Having regard to the note October 6, 2014, # 38733, whereby the Ministry of infrastructure and transport sent the report inquest proposal of recurrence of constraint preordained expropriation of properties affected by the implementation of the action: railway connection AV/AC Verona-Padova», limited to flights of 1 ^ stage between Verona and Montebello and between Bundaberg and Padua; Having regard to the note October 7, 2014, no. 38953, whereby the Ministry of infrastructure and transport requested the inclusion on the agenda of the first sitting useful topic Committee «HS/HC Verona Padova. Recurrence of constraint preordained expropriation "; Having regard to the note October 8, 2014, n. 39141, whereby the Ministry of infrastructure and transport has sent additional documentation investigation; Having regard to the note October 22, 2014 # 41483, whereby the Ministry of infrastructure and transport sent the documents requested by the Presidency of the Council of Ministers-Department for the planning and coordination of economic policy (DIPE) with a note of October 16, 2014, # 4385, complementing the aforementioned preliminary report; View the summary delivered during the preparatory meeting of November 6, 2014, and assumed the Protocol of DIPE ranked # 4690, whereby the Ministry of infrastructure and transport renews proposal for a reiteration of the constraint preordained expropriation of properties affected by the deployment of the intervention under consideration; Took note of the findings of the investigation by the Ministry of infrastructure and transport, and in particular: that intervention «railway connection AV/AC Verona-Padova», is one of the railway systems of Hall cross modal padano, which includes "railway axis on the corridor route 5 Lyon-Kiev (Turin-Trieste) ';
This infrastructure includes rail projects related Hall «Verona node», is «AV/AC Venezia-Trieste» and «axis is AV/AC Milan-Venice Veneto-Trieste» where there are included the «railway connection AV/AC Verona-Padova», and in particular the routes of first phase between Verona and Montebello Vicentino and between Bundaberg and Padua, under scrutiny;
that this Committee, with the abovementioned resolution No. 94/2006 approved, including for the purpose of affixing the constraint preordained expropriation, the preliminary draft of the "railway connection AV/AC Verona-Padua» limited to flights of first phase between Verona and Montebello Vicentino and between Bundaberg and Padua;
that such approval did not include is the second phase ' variant of Vicenza "(section between Brentwood and Grisignano di Zocco);
that the awarding authority of the intervention's Rete Ferroviaria Italiana (RFI) S.p.A.;
the general contractor is the Consorzio Iricav Due;
that with the enactment of Decree-Law n. 7/2007, pursuant to art. 13 paragraph 8-quienquiesdecies, the concessions granted by the State in favour of the TAV on August 7, 1991 for the design and construction of Verona-Padua and Milan-Genoa (the horizontal axis) have been revoked;
that the same rule as a result of the withdrawal, has also determined the dissolution of the Convention-and subsequent acts in the years 1991 and 1992-concluded between TAV S.p.A. and the General Contractor Iricav Two for trafficking in nearby Verona-Padova;
Whereas this Convention between TAV and Iricav Two it was later restored by the entry into force of Decree-Law No 112/2008;

the axis is AV/AC Milan-veneta railway Venezia-Trieste and was included in the second act November 6, 2009 add to the General Framework Agreement between the State and the region of Veneto, and was confirmed in the General Framework Agreement dated June 16, 2011;
that, in addition to the lack of resources devoted to design, a further reason for delay of contracting between RFI S.p.A. and the general contractor the Verona-Padua, after approval by the Committee of the first phase, it was the establishment by Iricav Two of various disputes, the last of which, started in February 2007, ended with the award on March 26, 2012;
that in may 2012 the Consortium Iricav Two requested that RFI S.p.A. gave effect to the original Convention 1991 and conveyed to the same Iricav Two preliminary draft approved by this Committee to allow the same general contractor preparing the final draft;
that, with notes of 20 January, 13 February, 12 and 16 June and July 7, 2014, the Consortium Iricav Two pointed out that the preliminary draft of the HS/HC Verona-Padua (first phase) approved by the said resolution No. 94/2006 ensures full functionality as a whole to the entire line, and asked, since art. 1, paragraph 76, law 147/2013, besides allowing the implementation of several works, including the one under consideration for building lots, allocates annual funding for this purpose from 2015 to 2029, the authorization for the processing of the final draft of already approved by this Committee, for which he declared to be insufficient resources;
the July 29, 2014 was signed the memorandum of understanding between the Ministry of infrastructure and transport, the Veneto region, RFI S.p.A., the Vicenza city and Chamber of Commerce of Vicenza, with whom design developments were agreed about even when crossing the territory of Vicenza by the line AV/AC Verona Padova;
that the constraint preordained expropriation affixed with the abovementioned resolution No 94/2006 on real estate interested in realization of action: railway connection AV/AC Verona-Padova», limited to the routes of first phase between Verona and Montebello and between Bundaberg and Padua, expired on November 7, 2013, after 7 years of registration of the said resolution by the Court of Auditors;
that the subject aggiudicatone RFI S.p.A., with Note: March 31, 2014, has requested the Ministry of infrastructure and transport to proceed urgently to the reiteration of the constraint preordained expropriation for the above routes;
shown that the amount of euro 762,450, which benefits for damages possibly caused as a result of the recurrence of espropriativo constraint, denoted by the same FRY in "Investigation on the death gratuity payable for the reiteration of the bond espropriativo» forwarded to the Ministry of infrastructure and transport on September 23, 2013 and quantified according to art. 39 of the Decree of the President of the Republic # 327/2001, it is included in the economic framework of the first batch of HS/HC Verona Padova;
the Ministry of infrastructure and transport said that there are the conditions, under articles 10 and 39 of the Decree of the President of the Republic No. 327/2001 and art. 165 paragraph 7-bis of Legislative Decree No 163/2006, for the recurrence of constraint preordained expropriation in view of the following reasons: the work was considered by the Government between those to realize for building lots, pursuant to art. 1, paragraph 76 of that Act No. 147/2013, with the terms laid down by paragraph 232 b) and c) and in paragraphs 233 and 234 of the art. 2 of the abovementioned law no 191/2009, in order to enable the speedy implementation also pending the complete resourcing required;
the draft, approved by the resolution # 94/2004, retains its validity;
This is the first reiteration, made necessary for the above mentioned conditions;
the repetition of constraint preordained expropriation it is essential and urgent because, if you do so, the areas affected by the intervention could be used for other purposes, with the result that would be precluded, or much more expensive to carry out the work in question; Also considered that art. 3, paragraph 2, lett. b) of Decree-Law No. 133/2014 is to fund a lot AV/AC axis Verona Padua, constructive as it was considered to be appaltabile by December 31, 2014 and operative by June 30, 2015; Given that the master agreement 2012-2016-part investments between RFI S.p.A. and the Ministry of infrastructure and transport, transmitted by the Ministry with the aforementioned note October 22, 2014, # 41483, includes the action line AV/AC Milan-Venice: sub Verona Vicenza», with a financial package intended for the first batch of constructive 369 million; 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 November 10, 2014, # 4749, 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; Considering that the President of the Veneto region has confirmed, during today's session, the assent of the region for the purposes of the agreement on the location of the work, in accordance with art. 165, paragraph 5, of the Legislative Decree n. 163/2006, and he's committed to providing formal assent after consulting the municipalities concerned; On the proposal of the Minister of infrastructure and transportation;

Resolution: 1. Reiteration of the constraint preordained expropriation affixed with resolution No 1.1 94/2006 pursuant to articles 10 and 39 of the Decree of the President of the Republic No. 327/2001 and art. 165, paragraph 7-bis, legislative decree 163/2006, willing the reiteration of the constraint preordained expropriation, affixed with the deliberation of this Committee # 94/2006, on property that are affected by the implementation of the action: railway connection AV/AC Verona-Padova», limited to the routes of the first phase, between Verona and Montebello Vicentino and between Bundaberg and Padua. 1.2 If the burden on the claims due for owners of properties encumbered by the constraint preordained expropriation should be higher than the amount currently estimated, amounting to 762,450.00 euros, and funded from resources available for intervention under the master agreement 2012-2016-part investments between RFI S.p.A. and the Ministry of infrastructure and transport, the same will be fronted by the awarding authority with its own resources. 1.3 the effectiveness of this resolution is subject to the transmission to the Presidency of the Council of Ministers-Department for the planning and coordination of economic policy, the formal assent of the President of the Veneto region for the purposes of the agreement on the location of the intervention, felt the municipalities whose territory carries out the work in accordance with art. 165, paragraph 5, of the Legislative Decree n. 163/2006. 1.4 the Ministry of infrastructure and transport 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 above. 1.5 the awarding authority of the opera 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. 1.6 pending the adoption of the resolution by the Committee provided for in art. 36, paragraph 3, of Decree-Law n. 90/2014, methods of control of financial flows are adequate as provided for in paragraph 2 of that article. 1.7 in accordance with resolution # 24/2004, the CUP awarded to the work will be highlighted throughout the administrative and accounting documentation regarding the work itself.
Rome, November 10, 2014 President: Renzi Secretary: Lots Recorded the Court of Auditors on February 25, 2015 Reg.ne Prev acts Ministry of economy and Finance Control Office. # 400