Revocation Of Custody Of Interim Management Marinaprotetta Area "regno Di Nettuno".

Original Language Title: Revoca dell'affidamento della gestione provvisoria dell'area marinaprotetta «Regno di Nettuno».

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-05-07&atto.codiceRedazionale=15A03405&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The Minister of environment, land and sea protection having regard to law no 979 December 31, 1982 laying down rules for the defense of the sea; Having regard to act July 8, 1986, n. 349, establishing the Ministry of the environment; Having regard to the framework law on protected areas December 6, 1991, # 394 and subsequent amendments and additions; Having regard to law no 426 December 9, 1998 laying down new environmental measures, and in particular art. 2, paragraph 37, as supplemented by art. 17, paragraph 4, of law March 23, 2011, n. 93, which provides that a decree of the Minister of the environment, in consultation with the region and local authorities with territorial stakeholders, the management of marine protected areas is entrusted to public bodies, scientific institutions or recognized environmental associations, also associates with one another; Having regard to the Legislative Decree July 30, 1999, n. 300, government organization reform; Having regard to act July 31, 2002, # 179, incorporating new provisions in environmental matters and in particular art. 8, related to the operation of marine protected areas; Having regard to the Decree of the President of the Council of Ministers on July 10, 214 n. 142, embodying the organisational regulations of the Ministry of environment and protection of land and sea, of the independent performance assessment and direct collaboration offices and, in particular, article. 6, paragraph 1, point a), which attributes to the Directorate-General for the protection of nature and the sea the functions relating to land, mountain and marine protected areas; Having regard to the order of the Minister of the environment and protection of land and sea of December 27, 2007, with whom it was established the marine protected area "Regno di Nettuno" and she was provisionally entrusted the Administration to the consortium formed for the purpose between the towns of Barano, Casamicciola Terme, Forio, Ischia, Lacco Ameno, Serrara Fontana and Procida, hereinafter "the consortium management" also, foreseeing the possibility of revocation in case of proven non-compliance, non-compliance and irregularities on the part of the managing subject; Having regard to the order of the Minister of the environment and protection of land and sea of the April 10, 2008 with which it was approved the rules of discipline of the activities allowed in different areas of the marine protected area "Regno di Nettuno"; Having regard to the order of the Minister of the environment and protection of land and sea of the July 30, 2009 with which it was approved the implementing regulation and of the Organization of the marine protected area "Regno di Nettuno"; Given that under a), paragraph 3 of art. 4 of the said regulation and organization is determined that constitute essential obligations for the managing body the commitments regarding collection and use of human resources, as well as prepared in accordance with art. 8 July 31, 2002, law No. 179, and that paragraph 3 of art. 5 lists in detail the functions of the head of the marine protected area "Regno di Nettuno"; Considering that the marine protected area "Regno di Nettuno" fits into the national system of marine protected areas in Italy whose institutional aims are pursued on the basis of objectives proposed in a standardized manner through the ISEA programming model that allows also the continued updating the status of implementation of its activities; Considering that since 2013 he highlighted a potential conflict of jurisdiction between the professionals of the marine protected area manager and the Director of Consortium resulting from forecasts of the Statute of the Consortium approved on 1 February 2013, issue reported to the Consortium in March 27, 2013 date for resolution, stressed by successive notes of 14 June and 17 April, 14 and November 27, 2013; Given that the statement of the financial year 2013 and the 2014 budget were approved only in March 2015, and that still has not been approved the budget for the year 2015; Considered that this delay in approving accounting acts entailed difficulties in programming for the year 2014 and incomplete implementation than planned as for most of the targets set for the 2012/2013 based ISEA plan; Considered also that it did not allow the liquidation of commitments contracted by the Ministry from 2009 to 2013 and that in any case for the commitments made by the 2009 to 2012 and intervened the abatement, in accordance with the applicable regulations; Given that ordinary funding assigned to the protected marine area until 2014 amount to more than a million euros and that for the most part regard their use is not received by reporting, although repeatedly request; Considering that in the years from 2009 to 2013 were awarded for extraordinary measures further funding for 345,000.00 euro for which it was communicated only partial report for 2009 and 2013 totaling 137,000.00 euros; Considering that in 2013 and 2014 were assigned additional 80,000.00 euros for the activities provided for in the directives of the Minister of the environment October 21, 2013 and March 18, 2015 and that today such activities are not undertaken; Given that there are still more criticality Consortium bodies arising from management services established relationships and the person in charge of the marine protected area, as resulting from the copious correspondence received by the Ministry; Considering that the correspondence with the Consortium did not produce the overcoming of the problems mentioned above; View the subsequent notice to February 26, 2015 Management Consortium, prot. 2689 and contextual notification for the initiation of the procedure for waiver of entrustment of, management of the marine protected area; Having regard to the notes of 20 and 26 February and 2 March 16, 2015 and with which the consortium management wished to provide clarification on the issues covered by the abovementioned formal notice; 24 February and March 16, 2015 notes views with which it has been observed, following the explanations provided, the persistence of the problems of functioning reported; Detected so that are not fully implemented and effective State by the consortium management tasks in accordance to the purposes He was appointed by the Ministry and are not made targets set out in the schedule ISSA; Since the continuing inertia of consortium management prevents, in fact, to the Ministry to ensure, in particular, the primary function of protection and conservation of marine habitats of considerable environmental value; Considered that the presence of such environmental values formed the Foundation for the identification of the same area between December 6, 1991 law retrieval marine areas, # 394, for the establishment of the marine protected area; Considered therefore, urgent to ensure the withdrawal of the assignment of temporary management at consortium formed between the towns of Barano, Casamicciola Terme, Forio, Ischia, Lacco Ameno, Serrara Fontana and Procida, to ensure the management of the marine protected area "Regno di Nettuno" and to ensure the aims underlying its establishment; Felt also should avoid, pending final management custody procedure, any interruption of the management of the marine protected area "Regno di Nettuno", entrusting to the Naples port authority managing the aforementioned marine protected area until the installation of the new managing subject which will be identified in order to carry out an accurate and comprehensive administrative and accounting status as well as the State of implementation of management activities;
Decrees: Art. 1 1. For the reasons mentioned in the introduction, it is revoked the entrustment of temporary management of the marine protected area "Regno di Nettuno" the consortium formed for this purpose between the towns of Barano, Casamicciola Terme, Forio, Ischia, Lacco Ameno, Serrara Fontana and Procida. 2. For the same reasons, the management of the marine protected area "Regno di Nettuno" is entrusted to the port of Naples until the installation of the new managing subject that will be identified. 3. The Naples port authority must proceed with the timely and comprehensive verification of administrative and accounting situation, as well as the State of implementation of management activities of the marine protected area. 4. the master pro tempore of the captaincy. of the port of Naples shall act as the legal representative of the marine protected area "Regno di Nettuno" until the expiry of the period of ownership.