Civil Protection Ordinance To Encourage And Regulate The Subentrodella Autonomous Region Of Valle D'aosta In Actions Of Criticality Emergency Passan Entrance Testfor Their Inconsequence Of The Significant Increase In Movement ...

Original Language Title: Ordinanza di protezione civile per favorire e regolare il subentrodella regione Autonoma Valle d'Aosta nelle iniziative finalizzate alsuperamento della situazione di criticita' determinatasi inconseguenza del significativo incremento del movimento ...

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-05-05&atto.codiceRedazionale=15A03228&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The HEAD of the CIVIL PROTECTION DEPARTMENT Viewed the art. February 24, 1992, 5 of the Law # 225; Visto l'art. March 31, 1998, 107 of Legislative Decree No. 112; Having regard to the Decree-Law September 7, 2001, n. 343, converted, with amendments, by law November 9, 2001, # 401; Having regard to Decree-Law of May 15, 2012, n. 59 converted, with amendments, by law, July 12, 2012 # 100; See in particular art. 3, paragraph 2, the last period of the aforementioned Decree-Law No 59/2012 where it is determined that for the continuation of the interventions by the commissarial administrations still operating under law February 24, 1992, n. 225 apply art. 5, paragraph 4-ter and 4-c of the Law # 225/1992; Visto l'art. August 14, 2013 10 of Decree-Law No. 93, converted, with amendments, by law No 119 October 15, 2013; Having regard to the resolution of the Council of Ministers of January 10, 2014 by which it was declared, until July 9, 2014, a State of emergency as a result of the significant increase in landslide that from April 19, 2013 affects the North-Western side of Mont de la Saxe in the municipality of Courmayeur, in Aosta Valley, as well as the resolution of the Board of Ministers of July 10, 2014 by which the predicted state of emergency that was extended for a further 180 days; Having regard to the order of the Head of the Civil Protection Department # 143 of January 30, 2014 recante: "First urgent action of civil protection as a result of the significant increase in landslide that from April 19, 2013 affects the North-Western side of Mont de la Saxe in the municipality of Courmayeur, in Aosta Valley"; Having regard to the order of the head of Department # 214 of December 22, 2014 recante: "start of reconnaissance for damage suffered from economic and productive activities in accordance with art. 5, paragraph 2, lett. d) of law February 24, 1992, n. 225 effect of the road and breaks of evacuations of the villages of La Palud and Entreves Courmayeur municipality and blocking movement in Val Ferret "; Recognized the need to ensure the completion, no uninterruptible power solutions, interventions aimed at overcoming critical context under review, even in a context of necessary prevention against possible danger to the public and private safety; Considered therefore necessary, adopt an Ordinance pursuant to art. 3, paragraph 2, last sentence, of Decree-Law May 15, 2012, # 59, converted, with amendments, by law no July 12, 2012. 100, which allow the prosecution, ordinary, of initiatives aimed at overcoming the situation of criticality; View the Commissioner's note prot. # 1534 of February 6, 2015; Gained the agreement of the autonomous region of Valle d'Aosta with note prot. 271/GAB of January 13, 2015; In consultation with the Ministry of economy and finance;
Features:

Art. 1 1. The autonomous region of Valle d'Aosta is identified as the competent authority for the coordination of activities necessary for the completion of remedial measures for overcoming the context of criticality derived in the region following the events recalled in the introduction. 2. For the purposes of paragraph 1, the programming Department coordinator, soil conservation and water resources of the regional Department of public works, public housing and land protection of the autonomous region of Valle d'Aosta is identified as head of initiatives aimed at final takeover of the same region in coordination fully funded and contained in remodulations of the plans of activities already formally approved the date of adoption of this Ordinance. He is authorized to engage in, within thirty days from the date of adoption of this decision, on the basis of the administrative-accounting documentation concerning management activities required by Commission for continuing ordinary ongoing initiatives aimed at overcoming the critical context, and provides for the reconnaissance and the investigation procedures and legal relationships, for the purposes of final transfer of works to persons ordinarily competent. 3. within the period referred to in paragraph 2, the Special Commissioner pursuant to art. 1, paragraph 1, of the Ordinance of the Chief of the Civil Protection Department n. 143 of January 30, 2014 shall send a report on the Department of civil protection activities that contains a list of measures adopted and interventions completed and ongoing activities with its economic framework. 4. the Coordinator referred to in paragraph 2, which operates free of charge, for the purpose of carrying out the initiatives set out in this order takes advantage of the organizational structures of the Aosta Valley region, as well as the cooperation of the local authorities and no central and peripheral administrations and territorial State, which on the basis of agreement, within the resources already available in the relevant budget chapters of each administration concerned without new or increased burden on public finance. 5. for the purpose of allowing the completion of the initiatives provided for in this Ordinance, the Coordinator shall, until the completion of operations provided for in paragraph 2 and of the administrative and accounting procedures related to them, with the resources available on the opened special accounts in accordance with order of the Head of the Civil Protection Department # 143 of January 30, 2014, which is the same letterhead for twelve months from the date of publication of this Ordinance in the official journal of the Italian Republic unless an extension from being ready with an appropriate measure after report that reasons adequately the needs of ongoing accounting thereof in connection with the approved time schedule and the progress of assistance schemes. This subject is required to report back to the Department of civil protection, every six months, on the implementation of operations provided for in paragraph 2. 6. where, following the completion of the initiatives referred to in paragraph 5, the special accounting resources candidates left, the Coordinator referred to in paragraph 2 may prepare a plan containing further work closely geared to overcoming the situation of criticality to be carried out by the competent according to the ordinary procedure routinely subjects expense and under any residual State funds , laid down in the second period of paragraph 4-c art. 5 February 24, 1992, law No. 225, as amended. This plan must be submitted for prior approval of the Civil Protection Department, which verifies compliance with the purposes listed above. 7. following the approval of the plan referred to in paragraph 6 from the Department of civil protection, residual resources related to predicted Plan lying on the special accounting shall be transferred to the budget of the autonomous region of Valle d'Aosta or, if it is other administration, shall be paid at the entrance of the State budget for subsequent reassignment. The subject ordinarily competent is bound to report to the Department of civil protection, every six months on progress in implementation of the plan referred to in this paragraph. 8. We don't allow the use of financial resources referred to in paragraph 6 for the implementation of measures other than those contained in the plan approved by the Department of civil protection. 9. The results of the activities carried out under this article, any residual amounts are paid at the entrance of the State budget for the subsequent reassignment to national emergency Fund, except those arising from funds from different sources, which are paid to the budget of the administration of origin. 10. the Coordinator referred to in paragraph 2, following the closure of the special account referred to in paragraph 5, it shall also, to submit a final report to the Department of civil protection concerning the activities carried out for exceeding the critical context. 11. Stays put the reporting requirements laid down in art. 5, comma 5-bis of law No. 225 of 1992. This Ordinance will be published in the official journal of the Italian Republic.
Roma, April 22, 2015 the Department head: Curcio