Article 128 Of The Legislative Decree Of April 12, 2006, # 163.2014-2016 Three-Year Programme Of The National Institute Of Fisicanucleare. Check Compatibility With Documents Programmatorivigenti. (Resolution 17/2015).

Original Language Title: Articolo 128 del decreto legislativo 12 aprile 2006, n. 163.Programma triennale 2014-2016 dell'Istituto nazionale di fisicanucleare. Verifica di compatibilita' con i documenti programmatorivigenti. (Delibera n. 17/2015).

Read the untranslated law here:

The INTERMINISTERIAL COMMITTEE FOR ECONOMIC PLANNING Saw the art. April 12, 2006, 128 of the Legislative Decree n. 163, that: hold against the persons referred to in art. 2, paragraph 2, of the same Decree, with the exception of institutions and local governments and their associations, the obligation to transmit to the Committee, within 30 days after the approval, the three-year programmes of work of single order over 100,000 euros and annual updates to verify their compatibility with existing programming documents;
expected that the three-year scheme and its annual updates be made public prior to their approval, by posting at the headquarters of the contracting for at least 60 consecutive days; Having regard to the Decree of the President of the Republic October 5, 2010, # 207, regarding "regulation of execution of Legislative Decree n. 163 April 12, 2006, establishing a" code of public contracts for works, services and supplies in implementation of directives 2004/17/EC and 2004/18/EC, and in particular art. 13, which States that: according to the schema-type defined by Decree of the Minister of infrastructure and transport is drawn up every year by updating the previously approved, a programme of public works to be executed in the next three years;
the schema update and program are drafted by 30 September each year and adopted by the competent body by 15 October each year; Having regard to the Legislative Decree June 5, 1998, n. 204, and subsequent modifications and additions concerning "provisions for the coordination, programming and evaluation of national policy relating to scientific and technological research, in accordance with art. 11, paragraph 1, point d) of law March 15, 1997, n. 59 ' and saw, in particular, article. 7 of the aforementioned legislative decree, which provides that the appropriations to be allocated to institutions funded by the then Ministry of education, University and scientific and technological research will flow to fund ordinary, distributed annually among those entities with decrees of the holder of that administration, decrees, including directions for the following two years; View January 16, 2003, law No. 3 establishing a legal system in the field of public administration "provisions which, under art. 11, provides that as from 1 January 2003 every public investment project must have a unique project (CUP); Having regard to law no August 13, 2010. 136, as amended by Decree-Law No 187, converted by law November 12, 2010 December 17, 2010, # 217, which bears a special plan against the mafia, as well as a delegation to the Government on anti-mafia legislation and that, 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 order of the Minister of infrastructure and transport November 11, 2011, bearing patterns/procedures "type for the preparation and publication of the three-year programme, of its annual updates and annual list of public works and for the preparation and publication of the annual programme for the acquisition of goods and services within the meaning of art. April 12, 2006, 128 of Legislative Decree n. 163, as amended, and articles 13 and 271 of the Decree of the President of the Republic October 5, 2010, # 207 "; Having regard to the Statute of the National Institute of nuclear physics (INFN), which is annexed to Governing Council May 7, 2014, n. 16409, and published on the website of the same Institute, which, among other things, stipulates: that the Institute has scientific, organizational, financial and accounting autonomy pursuant to art. 33 of the Constitution, art. 8 May 9, 1989, law n. 168, and art. December 31, 2009, 2 of Legislative Decree No 213;
the Institute fulfils its tasks, among other things, ordinary and extraordinary contributions borne by the State budget and contributions from public and private, national, foreign and international organisations, community income from activity, property income, bequests and donations, as well as any additional revenue;
that the President is at the head of the Institute and shall, inter alia, legal representation; Having regard to resolution No. 24 September 29, 2004 (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 the resolutions by which this Committee has expressed opinion of compatibility of three-year programmes of the National Institute of nuclear physics (INFN) with existing programming documents at the reference date of the programmes, and in particular resolution July 19, 2013, # 43 (Official Gazette No. 214/2013), with which this Committee has expressed an opinion on the compatibility of the aforesaid three-year program 2013-2015 Institute; Having regard to the note January 13, 2014, # 244, with which the President of INFN has forwarded, in accordance with the abovementioned article. 128 of Legislative Decree No. 163/2006, the program of public works, to be performed in the period 2014-2016, for the opinion of the Committee on that programme's compatibility with existing programming documents; Noted: that the three-year program of public works 2014-2016 was approved by resolution of the Board of Directors, December 19, 2013 # 13022;
that, as requested by the Committee, the programme is accompanied by the progress report on the implementation of the programming for the previous three-year period 2013-2015, which gives the time of consistency of the programme with the national plan for research and with the three-year plan of activities of the Institute, its experiments to conduct, which reports in detail on the State of implementation of the work listed in this annual 2013 on the previous programme and including updates, and giving account the possible reconfirmation, the program now under consideration of the interventions that the previous programme had foreseen for the biennium 2014-2015;

the programme involves the construction of 23 interventions, at a total cost in the period of 34.627 million, accused 32.901 million on "budget" of the Institute and for 1.726 million on resources listed under "other" in the context of available resources, without the contribution of private capital;
Whereas, in particular, the overall cost is imputed to 8.441 million on availability for the year 2014, for 18.966 million on availability planned for the year 2015 and to 7.220 million on availability for the year 2016;
that, taking into account the types of works referred to in the Decree of the Ministry of infrastructure and transport, 23 November 11, 2011 planned actions, 14 are new construction, renovation and maintenance are 2 7;
that as regards the geographical distribution of the operations planned for the three-year period, with a total cost of interventions, 21.460 6 million, equivalent to 61.97 percent of the cost of the entire program, affecting the northern regions (at the Laboratori nazionali di Legnaro and section of INFN Torino), an intervention from 0.480 million, equal to 1.39 per cent of that total cost , it concerns a central (Frascati national laboratories), and 16 surgeries, the total cost of 12.687 million euro, accounting for 36.64 percent of that cost, affect the southern regions (2 at the national laboratories of the South and 14 at the Gran Sasso national laboratory);
that in the year 2014 it was planned to build 9 of retrieved 23 posts (for a total cost for the quoted year of 8.441 million), of which 3, costing 4.480 million, at the Laboratori Nazionali di Legnaro e 6, costing 3.961 million, at the national laboratories of the South and the Gran Sasso national laboratory;
that the realization of some of those 9 interventions has already been initiated and that completion dates are planned between 2014 and 2016 Q4 Q3;
that quantification of resources foreseen for the biennium 2015-2016 is determined by the cost of works which the Institute expects to realize in himself, works that nonetheless could be reproposed, sliding, in later years, if cannot be initiated in this biennium, were still considered to be confirmed; Given that the mentioned provision stipulates terms, even ' authorising officers, under which three-year scheme and its annual updates should be submitted by 30 September each year, adopted by the competent body within the next 15 October, made public by posting at the headquarters of the contracting for at least 60 consecutive days, approved by the administrations with appropriate deliberation and then forwarded to this Committee within 30 days of the approval; Considered that the documents reference programmers for checking compatibility under art. 128 of Legislative Decree No 163/2006 are to find in public finance documents, the provisions for the formation of the annual and multiannual budget multiannual spending State and laws, as well as in any community and national programmes concerning the specific fund; Considered that the abovementioned resolution No 43/2013 has recommended, among other things, the Minister for education, University and research to forward a comprehensive report containing an organic framework focuses on macro-areas, the allocation and the actual use of the appropriations allocated for research organisations, to allow this Committee to have a general reference framework for programming; Deemed to include, among the obligations of the institutions, to ensure a constant flow of information this Committee, consistent content and method with the monitoring system of public investment in art. 1, paragraph 5, of the law May 17, 1999, n. 144; 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 January 28, 2015, # 422, prepared jointly by the Presidency of the Council of Ministers-Department for the planning and coordination of economic policy (DIPE) 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 a proposal from the President of the National Institute of nuclear physics; Expresses opinion of compatibility of the triennial program 2014-2016 of the National Institute of nuclear physics with existing programming documents, on the understanding that the program itself you'll find actual implementation within the limits of availability;
Resolution: 1. The 2014-2016 programme of the National Institute of nuclear physics is to be implemented within the limits of the actual financial availability. 2. Research institutions must assure this Committee information, consistent, constant flows for content and method, with public investment monitoring system referred to in art. 1 of law No 144/1999. 3. The CUP awarded to the competence of research organizations, in accordance with resolution No. 24/2004, should be highlighted in all the administrative and accounting documentation regarding the interventions themselves. Invites. 1. the National Institute of nuclear physics, at the time of delivery, signature of the legal representative of the same Institute, the next three-year programmes, complemented by relevant resolutions adopted by the Governing Council approval: to develop these programmes on the basis of procedures and schema type referred to in Decree of the Ministry of infrastructure and transport November 11, 2011, quoted in the introduction;
to provide with regard to the compliance of planned infrastructure priorities with the overall objectives of the Government and, in particular, with the national plan for research;
to accompany these shows in a progress report on the implementation of the previous programme, indicating the deviations that occur than forecast and the causes of such differences;

to clarify, in the abovementioned report, the reasons for any programming choices for the first two years other than those indicated in the previous programme and whose programming choices for the third year; 2. other research organizations to transmit to the Committee, within the prescribed deadline, their three-year programmes and their annual lists, with the terms referred to in paragraph 1; 3. the Ministry of education, University and research: to promote all initiatives that aim at ensuring, on behalf of the above Entities, respect of performance expected by repeatedly invoked art. 128 of Legislative Decree No 163/2006;
to forward to the Presidency of the Council of Ministers-DIPE, by 30 April each year, a report summarizing the territorial distribution and by type of assistance included in all the three-year plans for all research institutions for the period of reference and its financial content, in order to enable the Committee to have a general framework of reference.
Rome, January 28, 2015 the Minister of economy and finance (President) P Secretary Lots