Strategic Infrastructure Program (Law N. 443/2001). Project For The Preservation Of The Lagoon And The City Of Venice: Mo. S.e. (D51B02000050001 Cup) 11° Attoaggiuntivo 1° And 2°, Assignment To 43° Act Implementing The Convention.

Original Language Title: Programma delle infrastrutture strategiche (legge n. 443/2001).Progetto per la salvaguardia della laguna e della citta' di Venezia:Sistema Mo.S.E. (CUP D51B02000050001) 11° assegnazione, 1° e 2° attoaggiuntivo al 43° atto attuativo alla Convenzione...

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-04-17&atto.codiceRedazionale=15A02800&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The INTERMINISTERIAL COMMITTEE FOR ECONOMIC PLANNING View November 29, 1984, law n. 798 concerning «new interventions to safeguard Venice»; Having regard to law No 443 (December 21, 2001 "objective law") which, in 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; Visto l'art. 3 1 St August 2002, law No. 166, which in addition to authorize commitment contract limits for the design and construction of the works included in the programme approved by this Committee, brings changes to the mentioned art. 1 of law No 443/2001; 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), and having regard to the implementing decisions taken by this Committee; Having regard to act August 13, 2010, # 136, s and 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 of April 12, 2006, # 163, concerning the code of public contracts for works, services and supplies in implementation of directives 2004/17/EC and 2004/18/EC ' s, and visas and 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 Act No. 443/2001 for the construction of infrastructure and production facilities and strategic national interest», as amended by Legislative Decree No 189 August 17, 2005; Having regard to the Decree-Law May 31, 2010, n. 78, converted, with amendments, by law July 30, 2010, # 122, and in particular art. 2 that: has, as from the year 2011, the linear reduction of 10 per cent of registered financial envelopes, in legislation, in the context of costs have a fundamental role in art. 21, subparagraph 5, point b) of law December 31, 2009, n. 196, missions of each Ministry, to the amounts set out in annex 1 to the same Decree-Law; expect (to compensate the financial effects foreseen in art. 9 "Containment of expenditure in respect of employment public ', which may be, for any reason, sufficiently achieved less than expected) with non-regulatory decree of the President of the Council of Ministers, to be issued on the proposal of the Minister of economy and finance, after consideration by the Council of Ministers, and with reference to the expense of missions ministries , is willing to further reduce financial allocations linear mentioned above, up to the financial offset found; Having regard to the Decree-Law July 6, 2011, # 98, and s, converted, with amendments, by law No 111, July 15, 2011: art. 16, paragraph 3, provides for reductions in the financial allocations available, entered in the current legislation in the context of costs have a fundamental role of the missions of each Ministry; in art. 32, paragraph 1, establishes the estimates of the Ministry of infrastructure and transport on rail, road infrastructure fund and related works of strategic interest, "with a budget of EUR 930 million for the year 2012 and 1,000 million for each year from 2013 to 2016 swear and establishes that the Fund's resources are allocated to this Committee on the proposal of the Minister of infrastructure and transport, in consultation with the Minister of economy and finance; Having regard to the following paragraphs of the said art. 32, which identify the types of funding revocable (paragraphs 2 to 4) and also stipulate: that funding for the design and construction of the works included in the strategic infrastructure Program revoked pursuant to paragraphs 2, 3 and 4 are identified with non-regulatory decrees of the Minister for infrastructure and transport, in consultation with the Minister of economy and finance (paragraph 5); that annual dues commitment and contributions limits are revoked and to be budgeted flock to the fund specially set up in the estimates of the Ministry of infrastructure and transport (section 6) (the «Fund» revocation); Whereas, in particular, the amounts related to finance revoked on account of residues must pay at the entrance of the State budget to be reassigned, according to the balance of public finances, on the same revocation Fund "(paragraph 6 bis); that this Committee shall determine the allocation of resources that flow to the ' revocation ' Fund for programme implementation of strategic infrastructures referred to in the aforementioned law December 21, 2001, n. 443, on proposal of the Minister of infrastructure and transport, in consultation with the Minister of economy and finance (paragraph 7); Visto l'art. 1, paragraph 184, December 24, 2012, law n. 228 (2013 stability Act), which authorized, for the continuation of the "project for the preservation of the lagoon and the city of Venice: Mo. S.E.», the sum total of 1,150 million for years ' from 2013 to 2016; Visto l'art. 1, paragraph 185 of the law December 24, 2012, n. 228 (2013 stability law), which has allocated the 5 percent of the value of 2014, 2015 and 2016 years ' of the above assignment to municipalities of Venice, Chioggia and Cavallino Treporti, for continuation of the interventions of maintenance of competence; Visto l'art. 12 of Decree-Law No 35 April 8, 2013, converted, with amendments, by law, June 6, 2013 which provides for reductions in the financial allocations available, entered in current legislation in terms of expertise and cash, as part of expenditure a fundamental role of the missions of each Ministry; Having regard to the Decree-Law no August 31, 2013. 102, converted, with amendments, by law October 28, 2013, n. 124, establishing a "urgent provisions concerning real estate taxation, IMU other housing policies and local financial support, as well as layoffs and earnings and pensions» that in art. 15, paragraph 3, point d), has 100 million reduction based on the authorisation of the expenditure foreseen for the year 2014, by art. 1, paragraph 184, December 24, 2012, Law # 228; Visto l'art. 1, paragraph 71, of the law December 27, 2013, n. 147 (law of stability 2014), which authorized the spending of 401 million for the years ' from 2014 to 2017 to allow immediate continuation of the work of: System mo. S.E. provided for by the Act implementing the Convention 43 General with acknowledgement by this Committee; b. completion of the entire system. additional General Convention Act, referred to in point) to be submitted to this Committee; Visto l'art. 1 of the abovementioned law No 147, December 27, 2013: at para 427 features the adoption of measures to ensure, even in the estimated budget, a reduction in government spending not less the amounts specified in paragraph; in paragraph 428 provides that, pending the definition of corrective measures referred to in the preceding paragraph 427, the allocations recorded in the legislation, in terms of expertise and cash, expenses have a fundamental role of the missions of each Ministry are earmarked and made unavailable for the amounts and with the limitations indicated by the same paragraph 428; Visto l'art. 2, paragraph 1, letter c) of Decree-Law No 4 January 28, 2014, converted, with amendments, by law March 28, 2014, # 50, amending the amounts of funding charged to expenditure spending legislation have a fundamental role of the missions of each Ministry, earmarked and made unavailable for the purposes of the said art. 1, paragraph 428, of law No 147/2013; Visto l'art. 1, paragraph 6, of Decree-Law June 24, 2014, n. 90, converted, with amendments, by law no August 11, 2014. 114, amending the amounts under art. 1, paragraphs 427 and 428, of the above Act # 147/2013; Visto l'art. 18, paragraph 3, of the said Decree-Law No. 90/2014 which: suppresses the magistrato delle acque Veneto and to the provinces of Mantua, established under the Act May 5, 1907, no. 257, and transfer functions, duties and powers to the competent regional Superintendency for public works;
Suppresses the Technical Committee of the judiciary, pursuant to art. 4 of law n. 257/1907, by providing that the administrative and Technical Committee established at the Board referred to in the preceding subparagraph is competent to rule on projects referred to in art. 9, clause 7) (a) of the regulation in Decree of the President of the Council of Ministers in February 11, 2014, # 72, even when the amount exceeds 25 million; Visto l'art. 36 of the aforementioned Decree-Law No. 90/2014, which 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; Having regard to resolution No 121, December 21, 2001 (Official Gazette No. 51/2002 S.O.), with which this Committee within the meaning of the said art. 1 of law No 443/2001, approved the 1 St program of strategic infrastructure, which includes the "project for the preservation of the lagoon and the city of Venice: MO system. HIS EXCELLENCY '; 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 the resolutions of November 29, 2002, # 109 (O.j. # 58/2003), September 29, 2003, # 72 (O.j. n. 282/2003), September 29, 2004, n. 40 (O.j. n. 21/2005), December 20, 2004, # 75 (Official Gazette 92/2005), March 29, 2006, # 74 (O.j. n. 196/2006), August 3, 2007, # 70 (G.U. n. 26/2008 S.O.), January 31, 2008, # 11 (O.j. n. 176/2008), December 18, 2008, # 115 (O.j. # 120/2009), November 18, 2010, n. 87 (O.j. # 212/2011), May 5, 2011, n. 5 (Official Gazette No. 298/2011) and December 6, 2011, # 87 (Official Gazette No. 100/2012), with which this Committee took decisions regarding the "project for the preservation of the lagoon and the city of Venice: MO system. S.e.», allocating contributions for the completion of the work; Having regard to resolution No 97 October 26, 2012 (O.j. n. 89/2013), with which this Committee has provided for the restructuring of road and rail infrastructure fund, related to works of strategic interest, "reducing the allocation of 600 million euros placed with resolution No 87/2011 in favour of Mo and to euro 47,691,866, due entirely to the years ' 2016; Having regard to resolution No 126 (December 11, 2012 O.j. n. 89/2013), with which this Committee has reformulated again cited "Bottom rail infrastructure, roads and related works of strategic interest", by reducing the amount of € 47,691,866 for the year 2016 intended mo. S.E. by resolution No. 97/2012 of the amount of 19,122,192.50 euro; Having regard to resolution No 137 December 21, 2012 (O.j. n. 121/2013), with which it was prepared: the allocation of euro 28,567,250.50, to the years ' 2016, in favour of the Ministry for cultural heritage and activities, the rail infrastructure fund resources, roads and related works of strategic interest» intended mo. S.E. by the decision of this Committee # 126/2012, so the original assignment to the aforementioned mo. S.E. of 600 million Euro cited resolution No 87/2011 has been reduced to EUR 2,423; the assignment to the mo. S.E. annual contributions contract allowance available on the chapter 7060 of the estimate of the Ministry of infrastructure and transport, for the total amount of euro 179,776,158.97 and euro 68,967,994.61 programmatic assignment drains on the resources of the Fund withdrawals in accordance with art. 32, paragraph 6, of Decree-Law No 98/2011; Having regard to resolution No 7 February 18, 2013 (Official Gazette No. 120/2013), which has been updated in euro 28,569,673.50 the award ordered by the resolution No. 137/2012 on behalf of the Ministry for cultural heritage and activities, using the remaining resources amounting to EUR 2,423, already assigned to Mo and the deliberation of this Committee # 87/2011, as subsequently reduced with the resolutions # 97/2012, # 126/2012 and # 137/2012; Having regard to resolution No 67, September 9, 2013 (Official Gazette No. 75/2014), with which this Committee: assigned definitively to the Monoter. S.E. the amount of 67,687,148.61 euros to the Fund's resources withdrawals in accordance with art. 32, paragraph 6, of Decree-Law n. 98/2011, with the amount of 68,967,994.61 euros already assigned programmatically with the said resolution No. 137/2012; has allocated an amount of 973,292,680 euros to the spending authorization under art. 1, paragraph 184, law No. 228/2012, such actions are strictly necessary for the functionality of hydraulic defences set out in annex 1 to resolution itself, deferring, for lack of complete financial security and pending the allocation of new resources, the realization of some interventions; Given that the above action is included in the general framework agreement between the Government and the Veneto region, signed on October 24, 2003; Having regard to the note July 21, 2014, no. 28765, whereby the Ministry of infrastructure and transport proposed the inclusion in the agenda of the first meeting of this Committee of the topic «Project for the preservation of the lagoon and the city of Venice: Mo. S.E.. Acknowledging progress: verification of compliance issued to CIPE 67/2013 and assignments of the law 147/2013 '; July 28, 2014 notes views, # 29649 and July 29, 2014, n. 29933, with whom the Ministry of infrastructure and transport sent the report investigation and documentation relating to the topic under consideration; Having regard to the note October 16, 2014, n. 40556 whereby the Ministry of infrastructure and transport has sent additional instructors elements; Having regard to the note of DlPE-4636 Protocol acquired November 4, 2014, by which the Ministry of Finance has sent details of reductions, occurring as a result of several pieces of legislation, the authorisation of expenditure committed against the laws of 2013 and 2014 for system stability mo. S.E.; Having regard to the note November 5, 2014, n. 43534, whereby the Ministry of infrastructure and transport sent documentation updated in the light of the investigation predicted spending reductions; Having taken note of the contents of the preliminary documentation submitted by the proponent and Ministry in particular: that law No. 798/1984 indicates the guidelines for ' new interventions to safeguard Venice» and art. 4 establishes a Committee for directing, coordinating and controlling the implementation of the interventions (the Committee for policy). Among the interventions are including works at the inlets with operable for regulating barrages of tides, which was implemented with the system mo. S.E.; the system mo. S.E. includes works by adjusting the tides at the inlets of the Venice lagoon (Lido, Malamocco and Chioggia), complementary works (breakwaters in front at the inlets) and closely related interventions and functional to works at the inlets; the Consorzio Venezia Nuova (CVN), uniting of interests and building cooperatives, national and local, it is the dealer of the Ministry of infrastructure and transport-the Venice water authority (MAV), for the realization of the plans to safeguard the Venice lagoon, which is also part of the system functions, and mo. S.E., duties and powers of the MAV were transferred from art. 18, paragraph 3, of Decree-Law No 90/2014, interregional public works services administration of Friuli Venezia Giulia, Trentino Alto Adige and Veneto; the CVN operates according to a master plan of operations (PGI) formulated and endorsed by the Committee for Technical Committee's address of MAV and by the same Committee for policy (meeting of June 19, 1991), as well as designated by law. 139/1992 as a reference for development and financing of interventions; August 3, 1998, law n. 295, establishes the modalities of financing mo. S.E. on the basis of the implementation of assistance and on a proposal of the said Committee for policy; that on October 4, 1991 it was concluded between MAV and the CVN Convention rep. # 7191 which, together with the subsequent acts and implementing regulations, defines the general discipline of the concession relationship for the achievement of the intended safeguard in PGI, be implemented in batches depending on the funding available; Whereas, in particular, in order to delimit the public financial commitment for the implementation of the system of adjustment of the tides, the MAV and the CVN have deed rep. # 8067/2005, implementation of the Convention. # 7191/1991, which provided for the creation of these works based on a «closed» price (closed-CPC price contract); that the ' closed ' price refers to only works in annex a) of the contract, including works by adjusting the tides, technical surveys, surveillance, interventions, morphological studies, expropriations and interference, with the exception of the infrastructure of the area north of the arsenal of Venice and environmental monitoring; that art. 4 of the Civil Code provides for compensation of changes in the price of building materials, provided by art. 26 February 11, 1994, Law # 109 and s; that art. 5 of the Civil Code provides that the CVN must run all variations to the Executive project ordered by the grantor is going to introduce variations arising from the requirements dictated by the Committee for policy with rating # 116/2002 and Regional Commission for the safeguarding of Venice at its meeting of January 26, 2004, and which will have to be considered variants changes arising from geological surprise or made at the request of third-party authority and that such variations could lead to increases or decrease in the price closed; the CPC provides that the activities to be carried out "to measure" (morphological and environmental interventions, studies, surveys, monitors, etc.) are subject to the provisions of the General Convention rep. # 7191/1991; that the amount of 68,967,994.61 euros to the Fund's resources withdrawals in accordance with art. 32, paragraph 6, of Decree-Law No 98/2011, programmatically assigned to system mo. S.E. with the abovementioned resolution No 137/2012, it was changed to 67,687,148.61 euros and assigned definitively by the resolution No. 67/2013 with the following years ': (euro) 4,400,494.57 16,953,320.68 16,953,320.68 2015-2016 2017 2018-2019-16,953,320.68-11,296,226.00-2020-1,130,466.00--------------Total-annual contributions contract 67,687,148.61 the odds available on the chapter 7060 the Ministry of infrastructure and transport assigned to the Monoter. S.E. with the abovementioned resolution No. 137/2012, annex 3, is updated as follows: (euro) === === === === === === === === === === === === === === === === === === === === === === === |  Years ' |  Amount |  Years ' | Amount | +==============+===================+=============+==================+ |  2011 | 15,535,733.65 |  2018 | 15,535,729.65 | +--------------+-------------------+-------------+------------------+ |  2012 |  15,535,729.65 |  2019 | 15,535,729.65 | +--------------+-------------------+-------------+------------------+ |  2013 |  15,535,729.65 |  2020 | 15,535,729.65 | +--------------+-------------------+-------------+------------------+ |  2014 |  15,535,729.65 |  2021 | 15,535,729.65 | +--------------+-------------------+-------------+------------------+ |  2015 |  15,535,729.65 |  2022 | 5,359,695.41 | +--------------+-------------------+-------------+------------------+ |  2016 |  15,535,729.65 |  2023 | 2,359,695.41 | +--------------+-------------------+-------------+------------------+ |  2017 |  15,535,729.65 |  2024 | 1,163,742.00 | +--------------+-------------------+-------------+------------------+ |   |   | Total | 179,779,162.97 | +--------------+--------------------+--------------+------------------+ that in respect of these contributions, for years ' from 2011 to 2014 it is intended for use in direct provision for a total of 62,142,922.60 euros for the years ' by 2015 to 2024, which represent 117,633,240.37, will be updated with estimated investment of 104 million; that, in light of the above, the annual contributions available on the chapter 7060 the Ministry of infrastructure and transport assigned to the Monoter. S.E. with the abovementioned resolution No 137/2012 are likely to develop a total investment volume of EUR 166,142,922.60; that art. 1, paragraph 184, of the above Act December 24, 2012, # 228 (law of stability 2013) authorized, for the continuation of the ' mo. S.E.», the total amount of 1,150 million so distributed for years ': (euro) == === === === === === === === === === === === === === === === === === === === === === |  2013 |  2014 |  2015 | 2016 | Total | +===========+===========+============+============+=============+ | 45,000,000 | 400,000,000 | 305 million | 400,000,000 | 1,150,000,000 | +-----------+------------+------------+------------+--------------+ that, having regard to the provisions of art. 1, paragraph 185, of the above Act December 24, 2012, # 228 (2013 stability law), which accounts for 5 percent of the value of 2014 2015 and 2016, the above mentioned years ' resources to the municipalities of Venice, Chioggia and Cavallino Treporti, would become available to the mo. S.E. an actual amount of 1,094.750 million euros so distributed for years ': (euro) == === === === === === === === === === === === === === === === === === === === === === |  2013 |  2014 |  2015 | 2016 | Total | +===========+============+============+===========+=============+ | 45 million | 380 million | 289,750,000 | 380,000,000 | 1,094,750,000 | +------------+------------+------------+------------+--------------+ that MAV and the CVN have therefore signed, dated February 8, 2013, 43° implementing Act rep. No 8602 rep Convention. # 7191/1991, concerning the 10° excerpt of "execution plan for the completion of the works by adjusting the tides at the inlets", recorded by the Court of Auditors on May 14, 2013; the quoted Act implementation 43 governs your use of the resources allocated to the law of 2013 stability, amounted to 1,094.750 million, for the completion of civil works at the inlets, navigation, of basin electro-mechanical works and installations, for maritime monitoring and security services, studies and surveys, for the infrastructure of the area north of the Venice arsenal for the management system of sluice gates, for the information system and for morphological operations; that the implementation of Act 43 contractualized time schedule (Annex H) foresaw the completion of works at the inlets and functional commissioning works of barriers within the December 31, 2016, as long as the necessary resources were available in line with the activity; that, after the conclusion of the above 43° implementing Act, intervened the following reductions on spending authorization under art. 1, paragraph 184 of the law by 2013 stability: part of measure in graphic form that then the amount of funds allocated to MO. S.E. based on the authorization referred to in article 184, paragraph 1, of the law of stability 2013 minus the aforementioned spending reductions and destination referred to in paragraph 185 of the same law, amounted to 973,292,680 euro, deployed for years ' as follows: measure in graphic format which, taking into account the above, the aforementioned resolution No 67/2013 has allocated an amount of 973,292,680 euros to the spending authorization under art. 1, paragraph 184, law No. 228/2012, such actions are strictly necessary for the functionality of hydraulic protection works including the enclosed annex C tab at 43° implementing Act February 8, 2013, rep. 8062, rep Convention. # 7191/1991 between the Venice water authority and Consorzio Venezia Nuova and set out in annex 1 to resolution; that resolution No 67/2013 ordered that, given the lack of complete financial coverage of the works referred to in the preceding paragraph, pending the allocation of new resources, could have delayed the implementation of the following interventions: full coverage of the gates, furniture) ii) full coverage of the mobile gates of Malamocco, iii) supply the means for removing sediment , iiii) plant and machinery intended for operation of barriers; that, for the immediate continuation of the work of the system mo. S.E. provided for by Act 43 implementing the General Convention and the completion of the entire system mo. S.E., art. 1, paragraph 71, of the law December 27, 2013, n. 147 (law of stability 2014), authorized the expenditure of 401 million euros, so distributed for years ': (euro) === === === === === === === === === === === === === === === === === === === === === === === |  2014 |  2015 |  2016 | 2017 | Total | +==============+==============+============+===========+============+ |  151 million |  100 million | 71 million | 79 million | 401 million | +--------------+--------------+------------+------------+------------+ that so MAV and the CVN signed, dated February 28, 2014, Act 1-rep. # 8650 to 43° implementing Act, which contrattualizza the total amount of 1,094,750,000 euros referred to 43° implementing Act, applicable for 973,292,680 euros over the resources covered by the Act by 2013 stability (see resolution No. 67/2013) and for 121,457,320 euros on the aforementioned Act 2014 stability resources, distributed annually as follows: measure in graphic format that the said additional Act 1° contains in annex'd ' an updated schedule for the only interventions at the inlets are included in 43° implementing Act essential to the operation of the barriers, referring to a subsequent Act 2-updating the schedule system General mo. S.E.; the schedule of the works at the inlets in annex'd ' at 1° additional Act transposes the circumstance that the process preordained to the provision of certain important electromechanical elements and equipment, originally planned to be worth the amount of 1,094.75 million then subject to reduction, has not been activated for lack of adequate funding; that less resources allocated to restore the funding of interventions included in 43° implementing Act, the remaining amount authorized by article 71, paragraph 1, of law No. 147/2013 amounted to 279,542,680 euros, so broken down yearly: part of measure in graphic format that so MAV and the CVN signed, on May 16, 2014, the additional Act 2° rep. # 8658 to 43° implementing Act, which updates the total value of the works under contract from 43° implementing Act to 1,374,292,680 euros, distributed annually as follows: measure graphically drains on the resources above to rules of 2013 and 2014 stability, as shown in the following diagram: part of measure in graphic format which also the above 2° additional Act : making the survey of financial condition for the realization of the «system mo. S.E.» (cf. attachments ' B. 1 ', ' 2 ' and ' b. b. 3 '); upgrade your system's overall schedule mo. S.E.» and the annual plan of expenditure (see annex ' B. 4 '), stating in June 30, 2017 the term of completion of the works necessary for the commissioning of the system itself, provided that the necessary financial resources for the development of the works are available according to the times specified in the schedule; update the operational plan of the works under contract from 43° implementing Act and related acts (see annex ' C '); establishes the general criteria for the conduct of the management and maintenance training phase, subsequent to the execution of works at the inlets, until delivery thereof to the Grantor; that the 43° implementing Act and its additional acts provide for the completion of the system mo. S.E. further action in order to complete the works of environmental compensation, the continuation of the monitoring required by the European Commission, to the works of architectural insertion referred to the Commission's prescription for the safeguarding of Venice, to the realization of certain infrastructure and indispensable means for maintenance of barriers (complete boat maintenance at the arsenal; 2° jack-up; 2° means of removing sediment), removal of the yards and starting restoring points, activities of Introduction to management, as well as to the maintenance of the works at the inlets under art. 1 acts repp. NN. 8014/2003 and 8015/2003 and measures of landscaping works at the inlets; that the 2° additional Act provides in art. 3, that, during the aforementioned starting phase, activation and maintenance of the system will be made by and under the direction and responsibility of the CVN, directing, coordinating and control by MAV, according to interim plans of management and maintenance, on the basis of which will be made functional testing of the system itself; whereas those interim plans will be prepared within the framework of the operational plan for starting, whose final document must be presented by the CVN by April 30, 2016 and approved by MAV during the following six months, followed by a specific subscription contract Act between CVN and MAV; that the operational plan approved by MAV to start going to predict: a) the activities that, in addition to interim management and sperimeritale, allow the actual functionality marine events also significant barriers; b) the activities of development procedures and tools for the next phase of operation and maintenance, with the drafting of its final management and maintenance of the work plans, including protocols with Interfering bodies; c) analytical detection of costs of activities ' goodwill; d) the timing of realization of goodwill;
that the same art. 2-3 of the Act provides that: during the starting phase, and after completion of the works at the inlets, should be appointed a Special Commission of testing supported by experts, which will proceed to the integrated functional testing and performance of the works; the costs of the Commission and experts, as well as the costs of activities of development that may be necessary during that testing beyond the dealer's liability, will count towards the cost of the start-up phase;
that art. 2-9 of the Act provides that: the tests, which will be carried out for every single intervention contracted, by a Committee of testing consists of no more than 3 members appointed by the President of the MAV under existing rules on testing of works and public works, will normally be implemented within 12 months after completion of the work, without prejudice to the testing of interventions for morphological recovery of the lagoon which must intervene within 6 months after the completion of the work; all charges relating to the testing of individual interventions, including fees payable to members of the Commission, will be paid by the dealer; that at the end of the starting phase and after the testing referred to in art. 2-3 of the Act, the work will be delivered to the lessor for the next phase of operation and maintenance to run; the economic framework annexed to the 2° additional Act also includes, among other things: the first activities aimed at transferring to the grantor of knowledge and tools, it also carried out in the context of the information service and preordered the management stage; preliminary checks to start managing the barriers of Treporti and s. Nicolo '; a first phase of elaboration of the operational plan for the maintenance of the works to safeguard the Venice lagoon lessor's competence; the first activities for the establishment of a unified Body to manage monitors and forecasts, for the purposes of the goodwill of the works at the inlets and the subsequent period; that the grantor is without prejudice to the right to make, during the development of the work, any changes and additions to the operational plan of the works under contract from 43° implementing Act and its additional acts, based on assessments of the priority interventions, that is, for the purposes of resource utilization in capital account, on the understanding that interventions shall be included among those identified in the master plan annexed to the Convention General Rep. # 7191/1999 as well as in the plan of implementation of the measures to be implemented for the completion of the works by adjusting the tides ", annex to when Rep. # 8067/2005; that, after the conclusion of the above additional acts were further reductions on the authorisation of expenditure referred to in art. 1, paragraph 184 of the law of stability 2013, a total of 112,562,373 euros, divided for years ' as follows: measure in graphic form that then the amount of funds allocated to MO. S.E. based on the authorization of expenditure referred to in article 184, paragraph 1, of the law of stability 2013 minus the aforementioned spending reductions and destination referred to in paragraph 185 of the same article, amounts to 866,358,929 euros, divided for years ' as follows: measure in graphic format which also intervened on the authorization of expenditure reductions referred to in article 1 , paragraph 71, of the law of stability 24, 2014, for a total of 489,140 euros, divided for years ' as follows: measure in graphic form that then the amount of funds allocated to MO. S.E. based on the authorization of expenditure referred to in article 1, paragraph 71, of the law of stability above 2014, net of spending reductions, amounts to 376,510,860 euros, divided for years ' as follows: measure size chart total available resources for the financing of interventions referred to 43° implementing Act 1° and 2° Act and related additional drains on spending in article 184, paragraph 1 permissions, 2013 stability law and referred to in article 1, paragraph 71, of the law of stability 2014, net of spending reductions outlined above, amounted to 1,242,869,789 euro and then are distributed annually as follows : part of measure in graphic format that the summary of assignments made to the monoter. S.E. It is the following: part of measure in graphic format (*) annual fees totaling 179.776 million (of which 62.143 million used in direct delivery and 117.633 million likely to develop an investment volume amounting to 104 million) who develop a total 166.143 million euros in terms of investment volume. 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 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 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; Acquired in the agreement of the Minister of economy and finance;
Resolution: 1. the amount of 1,242,869,789 euros, divided as follows:-EUR 866,358,929 under the authorisation of expenditure referred to in art. 1, paragraph 184, law No. 228/2012, reduced in accordance with art. 15, paragraph 3, point b) of Decree Law No 102/2013 and as a result of spending reductions laid out in the implementation of the decree-laws # 78/2010, # 98/2011 and # 35/2013, n. 4/2014 and n. 90/2014 and by law No 147/2013, taking account of the intended purpose of 5 per cent of its resources to the municipalities of Venice, Chioggia and Caorle prepared by art. 1, paragraph 185 of the same Law # 228/2012; -376,510,860 euro valid authorization of expenditure referred to in art. 1, paragraph 71, of law No. 147/2013, reduced as a result of spending reductions laid out in the implementation of the Decree-Law n. 4/2014 and n. 90/2014; It is intended for actions included in annex "C" to act-on 2 May 16, 2014, rep. 8658, at 43° implementing Act February 8, 2013, rep. 8062, October 4, 1991 Convention, rep. # 7191, between the Venice water authority and Consorzio Venezia Nuova, which are given in column C of the annex to this decision. 2. the resources referred to in point 1 are distributed annually as follows: measure in graphic format 3. Pending the allocation of new resources to full funding of assistance referred to in paragraph 1, can be suspended the implementation of interventions not yet running listed in column D of the annex to the present resolution and on: the completion of the buildings HVAC North shoulder of Malamocco. the facilities at the inlets; preliminary checks on starting and managing barriers; studies and surveys; the infrastructure of the arsenal; the information service; the dredging of the Lusenzo in Chioggia; the fishing port of Shoreline; the reduction of the funds available. 4. the suspension referred to in the preceding paragraph is void if the necessary resources are restored by the date of publication of this resolution in the official journal of the Italian Republic. 5. In case of non-restoring assets at the date of publication of this resolution, in the next 30 days the Ministry of infrastructure and transport will have to pass an Act amending Act implementation of that contract, 43 and 1° and 2° additional Act, transposing these spending reductions and update accordingly the schedule of work and the annual schedule of requirements taking account of operations suspended. 6. Any reference to the value of the entire system mo. S.E., contained in 43° implementing Act and its additional acts to be regarded purely programmatic. This, it is recommended that the Ministry of infrastructure and transport, even given the current economic situation, to assess the absolute necessity of realization of all interventions and acquisition services, consistent with the fundamental objective of implementation and functionality of the defense system from high waters, also in order to reduce to a minimum the cost of the work. 7. With reference to the content of article. 3 of the Act implementing the Act 2-43, the Ministry of infrastructure and transport will have to convey to the Committee the operational plan of the start-up phase before its final approval, expected by October 31, 2016. 8. With reference to art. 1-4 of the Act relating to the payment of fees, must be provided with a suitable note signed between the parties that in the face of payments of fees, you will have to provide evidence of the progress of work or payments of any rate of amortization of loans contracted with funders. 9. with reference to integrated functional testing under art. 2-3 of the Act, such activity shall be governed by article # 178 of the code of contracts and by articles # 215 et seq of P.r.decree # 207/2010 and the related charges have to be paid by the dealer. What's going to be under a special Act signed by the parties. 10. Annual dues of contributions contract available on chapter 7060 the Ministry of infrastructure and transport, MO. S.E. with the abovementioned resolution No. 137/2012, annex 3, is updated as follows: measure 11 in graphic format. Within 30 days after the publication of this resolution, the Ministry of infrastructure and transport must communicate the years ' of all assignments from the Fund withdrawals in accordance with art. 32, paragraph 6, of Decree-Law No 98/2011, already arranged with resolutions n. 127/2012, n. 137/2012 and n. 13/2013 to strengthen the overall planning of the Fund. 12. The Ministry of infrastructure and transport will continue to ensure an adequate monitoring mechanism and to undertake the necessary steps to enable the Committee to fulfil the supervisory task under art. 163 Legislative Decree 163/2006, taking into account the indications pursuant to resolution # 63/2003. 13. 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. 14. In accordance with resolution # 24/2004 mentioned in the introduction, the CUP for the exam should be highlighted in all the administrative and accounting documentation regarding the work itself.
Rome, November 10, 2014 President: Renzi Secretary: Lots Recorded the Court of Auditors on 1 St April 2015 Reg.ne Prev control acts Office Ministry of economy and finance. # 792