Civil Protection Ordinance To Encourage And Regulate Subentrodella Marche Region In Initiatives Aimed At Superamentodella Situation Of Criticality Due As A Result Deglieccezionali Occurred In The Days Weather Events ...

Original Language Title: Ordinanza di protezione civile per favorire e regolare il subentrodella regione Marche nelle iniziative finalizzate al superamentodella situazione di criticita' determinatasi in conseguenza deglieccezionali eventi meteorologici verificatisi nei giorni ...

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-05-08&atto.codiceRedazionale=15A03441&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, # 59, converted, with amendments, by law no July 12, 2012. 100 laying: "urgent provisions for the reorganization of civil protection"; 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; Having regard to the resolution of the Council of Ministers of January 10, 2014 by which it was declared, for 180 days, a State of emergency as a result of freak weather events that occurred in the days from 10 to November 13, 2013 in the region of Marche. Having regard to the resolution of the Council of Ministers of January 17, 2014 by which it was declared, for 180 days, a State of emergency as a result of freak weather events that occurred from 25 to November 27, 2013 and December 2, 2013 in the region of Marche. Having regard to the order of the Head of the Civil Protection Department # 141 of January 22, 2014 recante: "First urgent civil protection as a result of freak weather events that occurred in the days from 10 to November 13, 2013, from 25 to November 27, 2013 and December 2, 2013 in Marche region."; Having regard to the resolutions of the Council of Ministers of July 10, 2014 by which these States of emergency were extended for more 180 days; Visto l'art. 1, paragraph 347) (b) of the Act December 27, 2013, n. 147, with which it was allocated the amount of 14 million euros to be allocated to the interventions for reconstruction as a result of the exceptional floods that affected some municipalities in the provinces of Lucca, Massa Carrara, Siena from 20 to October 24, 2013, as well as of the Marche region in the days between 10 and November 11, 2013 on the basis of recognition of the financial needs; Having regard to the resolution of the Council of Ministers of October 23, 2014 with which it was placed an appropriation of € 8,659,165.00, in favor of the Marche region, in resources under art. 1, paragraph 347) (b) of the Act December 27, 2013, # 147, as restated following the callbacks reductions, made in implementation of laws # 50/2014 and # 89/2014; Having regard to the order of the Head of the Civil Protection Department # 222 of January 29, 2015 recante: "More urgent civil protection provisions as a result of freak weather events that occurred in the days from 10 to November 13, 2013, from 25 to November 27, 2013 and December 2, 2013 in Marche region."; 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; Gained the agreement of Marche region with a note of January 16, 2015; In consultation with the Ministry of economy and finance;
Features:

Art. 1 1. The Marche region 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 Director of environment and energy of the Marche region territory 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. For the purposes of paragraph 2, the Special Commissioner referred to Ordinance # 141/2014, shall, within ten days after the adoption of this measure, to transfer to the Director of environment and energy of the marches territory all documentation relating to the administrative and accounting management Commissioner and to send the Civil Protection Department a report on activities that contains a list of measures taken , interventions concluded and ongoing activities with its economic framework. 4. The ruling referred to in paragraph 2, that operates at no charge for the performance of the initiatives provided for in this Ordinance can take advantage of the organizational structures of the Marche 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. in order to permit the completion of the initiatives provided for in this Ordinance, the Director referred to in paragraph 2 shall with the resources available on the special accounting # 5798 opened under order of the Head of the Civil Protection Department # 141 of January 22, 2014, which is the same letterhead until June 30, 2016, unless an extension to prepare themselves with subsequent 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 provided for in this Ordinance special accounting resources candidates left, the Manager pursuant to subsection 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. 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 Marche region or, to the extent you are 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 5 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 ruling 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 27, 2015 the Department head: Curcio