«New National Irrigation Program. The Southern Regions Of Italy»-Postponement Of The Deadline For The Definitive Award Of Lavorirelativi To Action: Delladiga # 138-Completion Works A.g.c. Bridge Of The River Trigno Chiauci» In The Regio ...

Original Language Title: «Nuovo programma irriguo nazionale. Regioni del sud Italia» -Differimento del termine per l'aggiudicazione definitiva dei lavorirelativi all'intervento «A.G.C. n. 138 - Opere di completamento delladiga Ponte di Chiauci sul fiume Trigno» nella regio...

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-03-18&atto.codiceRedazionale=15A01955&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The INTERMINISTERIAL COMMITTEE FOR ECONOMIC PLANNING Saw the art. 141, paragraphs 1 and 3, of the law December 23, 2000, n. 388 (Finance Act 2001), which also carries specific resources, respectively, for the initiation and continuation of restoration of water resources in the national territory, including areas of crisis, and for the improvement and environmental protection; Having regard to law no December 21, 2001. 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 St January 2003, no. 3, art. 11 provides that every investment project public should be equipped with a unique project (CUP); Visto l'art. 4 December 24, 2003, law No. 350, and in particular: the paragraph 31 authorizing contract commitment limits equal to 50 million from 50 million from 2005 and 2006, to ensure the continuation of infrastructure projects mentioned in art. 141, paragraphs 1 and 3, of the above Act December 23, 2000, n. 388; paragraph 32, under which auction economies obtained are used for the continuation of further batches of systems falling within the purposes stipulated in paragraphs 31 and 34; paragraph 34, on the basis of which the Minister of agriculture, food and forestry, in consultation with the Minister of infrastructure and transportation and the Minister of economy and finance, sets out the plan of remedial measures and their financial resources in relation to the appropriations referred to in paragraph 31; paragraph 35, which he expected, in order to ensure the necessary coordination in the implementation of all the works of the water sector, in line with the existing framework programme agreements, drafting the national programme of measures in the water sector ', which includes: a) the works related to water sector already included in the quoted act December 21, 2001 strategic infrastructure program , # 443, and subsequent amendments, taking into account the procedures provided for in Legislative Decree No 190 August 20, 2002; b) planned actions by the Ministry of environment, territory and sea; c) intervention referred to in the preceding paragraph 31; d) intervention included in programme agreements relating to art. 17 January 5, 1994, law # 36, as well as interventions concerning cross-border transfers of water resources;
paragraph 36, under which the Ministry of environment and protection of land and sea, in cooperation with the ministries of economy and finance, agricultural, food and forestry policies and of infrastructure and transport, after consulting the Standing Conference for the relations between the State, the regions and the autonomous provinces of Trento and Bolzano, must submit to this Committee that "national programme of interventions in the water sector» , indicating the financial resources allocated to individual actions and defines the hierarchy of priorities; Visto l'art. 1, paragraph 78, of law December 23, 2005, n. 266, which authorized an annual contribution of 200 million for fifteen years from the year 2007 for infrastructure projects, including, in b), financing, to the extent of 25 per cent of available resources, in favour of the "national programme of measures in the water sector», regarding the continuation of infrastructure projects mentioned in art. 141, paragraphs 1 and 3, of the law December 23, 2000, n. 388; Having regard to law No 244 December 24, 2007 (Finance Act 2008) and in particular art. 2, paragraph 257, which, among other things, for the continuation of realization of strategic works of pre-eminent national interest referred to above Act # 443/2001, and subsequent amendments thereto, authorised the grant assistance contract of 99.6 million from each of the years 2008, 2009 and 2010; Having regard to the Decree-Law May 31, 2010, n. 78, converted, with amendments, by law July 30, 2010, n. 122 laying down urgent measures in the field of financial stability "and economic competitiveness" in art. 2 shows a reduction in budget appropriations; Having regard to law no August 13, 2010. 136, and in particular articles 3 and 6 and for the traceability of financial flows for ' mafia, stipulate that payment instruments display the CUP where required under the aforementioned Act No. 3/2003, sanctioning the non-application of the code; Having regard to its resolution December 27, 2002, n. 143 (Official Gazette No. 87/2003, errata in Official Gazette No. 140/2003), in which this Committee defined the system for the allocation of unique project (CUP), which must be requested from the responsible party as referred to in point 1.4 of the resolution itself; Having regard to its resolution September 29, 2004, n. 24 (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 resolution May 27, 2005, n. 74 (Official Gazette No. 14/2006), with which this Committee has approved the national programme of measures in the water sector, "including the following technical annexes: Annex 1 concerning waterworks already integrated into the strategic infrastructure; Annex 2 concerning the proposed measures by the Ministry of environment and protection of land and sea; Annex 3, inclusive of assistance pursuant to art. 4, paragraph 31, indicated by the Ministry of agriculture, food and forestry based on State of the art design and other criteria of priority predefined; Annex 4, which shows the whole picture of the needs of the irrigation sector, prepared by the Ministry agricultural, food and forestry policies; Annex 5, the list of priorities identified by the Ministry of environment and protection of land and sea between those included in annex 2; Having regard to the resolution March 29, 2006, n. 75 (Official Gazette No. 197/2006), reconnaissance of the resources available, with which this Committee has quantified the resources arising from art. 1, paragraph 78, of law No 266/2005; Having regard to resolution November 18, 2010, # 92, by which point 1.1 was approved the "new national irrigation program-southern regions» in the amount of euro 176,976,706.90 to resources under art. 2, paragraph 133, of the above Act # 244/2007; Considering that under the national irrigation programme called ' New-regions of southern Italy ' and ' intervention ' A/GC138-completion Works of the dam on the river Trigno, Chiauci bridge», located in the region of Abruzzo, amounting to EUR 5,000,000.00; See in particular paragraph 1.2 of that resolution 92/2010, by which it was set as the deadline for the conclusion of the procurement procedures with the final award within 18 months of the notification of the granting of financial assistance, under penalty of revocation; In view of the fact that under the national irrigation programme called ' New-regions of southern Italy» Commissioner ad acta, in accordance with point 1.2. resolution No. 92/2010 issued the measures for waiver of # 4 interventions, including the mentioned project «A.G.C. # 138 ", due to the failure to conclude final procedures by July 7, 2014, i.e. within a period of eighteen months (point 1.2 of the abovementioned resolution No. 92/2010) from the date of notification by the Commissioner ad acta ex Agensud works ' Management activities» (hereinafter Commissioner ad acta) to the consortium of reclamation South of the granting of financial assistance for the project in question; Given that the reallocation of resources arising from revocations of licences are regulated by the provisions pursuant to resolution of this Committee # 92/2010, which in point 1.3 sets out the guidelines which follow to define criteria for the detail needed for the identification of the interventions to be financed; Having regard to the note No. 9798 of September 19, 2014, by which the head of Cabinet of the Ministry of agriculture, food and forestry presented its proposal for deferment of the deadline for the final award of the work relating to the action: A/GC138» before mentioned; Considered in particular that such note shall be annexed: preliminary report of Commissioner ad acta, which justifies the proposed postponement of the time limits referred to in point 1.2 of the CIPE n. 92/2010, relative to the project ' A/GC138», as well as in the light of the considerations expressed by the regions concerned, in view of the fact that it is the only one having completed the provisional award of the work under the grant , as this process concluded on July 8, 2014, i.e. in the period between the expected deadline of fulfillment (July 7, 2014) and the date of the commissarial Decree No. 188 of July 24, 2014 which ordered withdrawal of funding; and, unlike the other three interventions characterized by delays in the implementation of the procedure for the award of the tender for the work, only for the assistance in question, there are specific reasons to welcome the postponement of the deadline for the definitive award of works for a short time, by virtue of the strategic intervention and legitimacy of provisional award race intervened; the footnote. RA/213219/SQ2 of August 6, 2014, referred to in the aforementioned report of the Commissioner, by which the President of the Regional Council of Abruzzo region underlined the importance of the intervention for the region, and to give continuity to State and regional infrastructures for the development of modern agriculture, both for the friendly ' of the works to be realized on the dam of Chiauci and both Finally, for the fallout in terms of usability for the work; the note # 78588 of September 12, 2014, also recalled in the report of the Commissioner, which the Commissioner for agriculture and agri-food of the Molise region underlined the interregional intervention, even following the agreement reached between the two land reclamation affected, Right Trigno (Molise) and South (Italy), for the purpose of sharing in the hydroelectric use of the works; Given the proposal carried out under the existing regulation of this Committee (resolution No 62 April 30, 2012, art. 3, published in Official Gazette No. 122/2012); Having regard to the present note. 4749-P, prepared jointly by the Department for the planning and coordination of economic policy by the Presidency of the Council of Ministers and the Ministry of economy and finance and mail on the basis of this session of the Committee; On a proposal from the competent Deputy Minister meeting confirmed for agricultural, food and forestry policies;
Resolution: 1. Deferment of the final allotment of tender for the action: A/GC138». 1.1. It approved the 10-day deferment successive natural race of final allotment for the action: A/GC138-completion Works of the dam of the river Trigno, Chiauci Bridge hanging in the Abruzzo region, in order to enable the South Reclamation Consortium (Italy), territorial jurisdiction, the conclusion of the process for the award of the tender of the work in view of the legitimacy of the provisional award of the race itself, as occurred during the period of validity of the licence, and the recognised strategic importance for the regions Abruzzo and Molise, works to realize. 1.2. restoration of validity of the licence shall be issued by the Commissioner ad acta, Ministry proposer no later than ten days, consecutive and natural, from the date of publication of this resolution in the official journal. 1.3. deferral period of ten calendar days and consecutive, referred to in point 1.1, starts from the date of notification by the competent Commissioner ad acta in South Reclamation Consortium (Italy), of the measure referred to in point 1.2 in which restores the validity of granting funding revoked. 1.4. within ten days of notification of the measure, natural and consecutive, referred to in point 1.2 in the consortium of reclamation South (Abruzzo), the same consortium must inform the Ministry of agriculture, food and forestry, the formal measure of final adjudication. 2. Automatic withdrawal of the loan in case of default and criteria for reallocation of resources. 2.1. where the award of the tender for the work of the action: A/GC138 "on the part of the competent South Reclamation Consortium (Italy) intervenes within ten days, consecutive and natural, from the notification of the restoration of the validity of the concession, the financing of the intervention is intended to be permanently revoked automatically, provided the appropriate next action of Commissioner ad acta. 2.2. consistent with the provisions of point 1.3 of the resolution # 92/2010, resources deriving from withdrawals of funding may be allocated by the Ministry of agriculture, food and forestry in new ventures characterized by strategic relevance for the territories, Project Executive and membership of the South Italy regions «projects» Park. 3. compliance of the administration. 3.1. the following provisions Remain under ' 2. Final provisions "of resolution No 92/2010 and in particular the need to identify promptly, by the Ministry of agriculture, food and forestry, holder of the proposal, the criteria to be used in the selection of operations to be financed with resources from the withdrawal of concessions, and to transmit to the Department for policy coordination and programming of the Presidency of the Council of Ministers on an annual basis a report containing both the identification of the criteria referred to in point 2.1 of the resolution # 92/2010, is the information about the actual degree of achievement of the national programme of measures in the water sector, for the competence and, finally, the implementation of projects allowed criticality found in path to financing. 4. Final provisions. 4.1. unless expressly provided herein shall act in accordance with resolution No stays put. 92/2010, including the list of operations of the "New national irrigation program-regions of southern Italy", annex to the same resolution.
Rome, November 10, 2014 President: Renzi Secretary: Lots Recorded the Court of Auditors on March 3, 2015 control Office acts Ministry of economy and finance, Reg.ne-Prev. # 460