Article 128 Of The Legislative Decree Of April 12, 2006, # 163.2014-2016 National Park Authorities Montisibillini Programme And The Tuscan Archipelago. Verification Of Compatibility With Existing Programming Documents. (Resolution 18/2015). (...

Original Language Title: Articolo 128 del decreto legislativo 12 aprile 2006, n. 163.Programma triennale 2014-2016 degli Enti parco nazionali dei MontiSibillini e dell'Arcipelago toscano. Verifica di compatibilita' con idocumenti programmatori vigenti. (Delibera n. 18/2015). (...

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The INTERMINISTERIAL COMMITTEE FOR ECONOMIC PLANNING Saw the art. April 12, 2006, 128 of the Legislative Decree n. 163: 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 order of the Minister of the environment July 13, 1989, replaced by subsequent Decree February 3, 1990, concerning the temporary cordoning off of the Sibillini National Park; Having regard to the July 21, 1989 Decree, issued by the Minister of the environment, in cooperation with regard to natural marine environmental protection-related profiles, with Minister of merchant shipping, bearing the provisional provisional safeguard measures and perimeter of the Tuscan archipelago national park; Seen August 29, 1990 Decree, issued by the Minister of the environment in consultation with the Minister of the Merchant Navy, amending the abovementioned decree July 21, 1989; Having regard to law No 394, December 6, 1991 and s, entitled "framework law on protected areas" which, under art. 9, gives the Ministry of the environment supervision of the Park and provides that the Presidents of these entities compete legal representation; Having regard to the Decree of the President of the Republic August 6, 1993, concerning the establishment of the National Park of the Sibillini mountains and the final demarcation of the park itself; Having regard to the Decree of the President of the Republic July 22, 1996 concerning the institution of the National Park of the Tuscan Archipelago and the final perimeter of the same Park; View January 16, 2003, law No. 3 on "Institutional Arrangements in the field of public administration" 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 decrees of the Minister for infrastructure and transport June 9, 2005 and November 11, 2011, bearing the procedures and diagrams-type for the preparation and publication of the three-year programme, of its annual updates and annual list of public works; 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 other National Park Authorities with documents coders in force on the date of reference of these programmes and, in particular, resolution July 19, 2013, n. 45 (O.j. # 214/2013), with which this Committee has expressed opinion of the three-year Program compatibility 2013-2015 Ente parco nazionale delle Dolomiti bellunesi; Having regard to the note, August 21, 2013 # 4391, whereby the President of Ente parco nazionale dei Monti Sibillini has forwarded, in accordance with art. 128, paragraph 12, of the aforementioned legislative decree n. 163/2006, the programme of work for the period 2014-2016; Having regard to the note December 23, 2013, # 2013/0008681, by which the President of the National Park of the Tuscan archipelago sent the approval of the programme of public works measure 2014-2016, together with the programme and related technical report; March 5, 2014 notes views, # 1357, and March 26, 2014, # 1843, with which the President of Ente parco nazionale dei Monti Sibillini forwarded further documentation and provided clarifications; Noted that: 1. in respect of the public works Programme of the Sibillini National Park Authority: that the three-year program was approved by Presidential Decree November 25, 2013 2014-2016, # 25, due to non-reconstitution of the Board of Directors of the Park;
that this programme involves the construction of 3 actions that, according to the types of works referred to in the abovementioned decree of November 11, 2011 Minister of infrastructure and transport, are exclusively for maintenance;
that the total cost of these measures amounts to 0.390 million and it's entirely blamed on "budget" of the institution, with shares of 0.130 million for each of the years of the programme;
2014 annual list includes one of the mentioned 3 interventions, whose launching implementation is shown in the second quarter of the year 2014 and whose conclusion is expected in the second quarter of the year 2015;

the programme does not provide forms of involvement of private capital; 2. in relation to the program of public works of the Tuscan archipelago National Park Authority: that the three-year 2014-2016 was approved with injunction of the President dell'ente Park December 20, 2013, # 36, since at that time the Board of Directors of the institution, which ordinarily competes the approval of the programme, had not yet established;
that this programme with its technical report, involves the construction of 12 interventions that, according to types of works referred to in the abovementioned decree of the Ministry of infrastructure and transport June 9, 2005, consist of 2 restoration, renovation, restoration, 4 2 2 2 maintenance and operations attributable to the type "other";
that the total cost of these measures amounts to 4.974 million and imputed to 2.734 million under "enter having earmarked by law" and 2.240 million under "budget" of the institution;
Whereas, in particular, the overall cost of 4.974 million is funded from resources for the years 2014 (4.174 million) and 2015 (0.800 million), while for the year 2016 there are no availability;
the annual list includes all cited 2014 12 surgeries, costing on the same year 2014, 4.174 million;
that the start of construction of the said 12 interventions it is indicated in the first quarter of the year 2014, while the completion of the work expected by the first quarter of the year 2016;
the programme does not provide forms of involvement of private capital; 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; Considering that the said resolution No. 45/2013 has among other things recommended to the Ministry of the environment and protection of land and sea to forward a report summarizing the territorial distribution and by type of assistance included in all the three-year plans for all Park authorities about the three 2014-2016, and its financial content, to allow this Committee to have a general framework of reference; Deemed to include, among the obligations of the park authorities, to ensure constant flow of information to 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 of the Presidents of the National Park of the Sibillini mountains and Bodies of the Tuscan archipelago; Expresses opinion of compatibility of National Park 2014-2016 year programmes of entities of the Sibillini mountains and the Tuscan archipelago with existing programming documents, on the understanding that the programs themselves will find actual implementation within the limits of availability;
Resolution: 1. The three-year programmes 2014-2016 Monti Sibillini National Park authorities and the Tuscan archipelago should be implemented within the limits of the actual financial availability. 2. National Park Authorities should ensure this Committee consistent content and constant flows of information method with the public investment monitoring system referred to in art. 1 of law No 144/1999. 3. The CUP awarded to national park authorities ' competence, 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 Park of the Sibillini mountains and the Tuscan Archipelago, on the occasion of the broadcast, signed by their respective legal representatives, the next three-year programmes, complemented by its approval decisions adopted by the Governing Council, in: reflecting on 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;
accompany the same programs for a progress report on the implementation of the previous programme, indicating the deviations that occur than forecast and the causes of such differences;
explain, 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. the other National Park Authorities to submit to this 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 environment and protection of land and sea: to promote all initiatives that aim at ensuring, on behalf of the aforementioned National Park Authorities, respect the 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 of each year a table showing, with its territorial distribution and by type, the interventions included in the complex of the three-year plans for all national parks for the period of reference and the relevant amounts and financial sources 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