Changes To The Program Of Infrastructure Projects Including Allalegge 1° Agosto 2002, N. 166.

Original Language Title: Variazioni al programma di interventi infrastrutturali di cui allalegge 1° agosto 2002, n. 166.

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The DIRECTOR GENERAL for the supervision of port authorities port infrastructure and maritime transport and inland waterways having regard to law No 84 January 28, 1994 and subsequent amendments establishing a "reorganization of port legislation '; Having regard to the Legislative Decree of April 12, 2006, # 163, as amended and supplemented, that art. 128 sets out the arrangements regarding planning of public works; Having regard to the Decree of the President of the Republic October 5, 2010, # 207 on the «implementing regulation and implementation of the Legislative Decree of April 12, 2006, n. 163» as amended; Having regard to the Decree of the President of the Council of Ministers in February 11, 2014, n. 72, establishing a ' regulation concerning the reorganization of the Ministry of infrastructure and transport» detecting new articulation of the Administration; Having regard to Directive # 594 enacted on December 31, 2014, by the Minister of infrastructure and transport on the «General guidelines for the administrative and management activities for the year 2015, which conferred on administrative responsibility centers of the Ministry's strategic objectives and related operational objectives to be realized in 2015; Having regard to Directive No. 1 of January 9, 2015, by which the head of the Department for transport, navigation, General Affairs and personnel, in implementation of the directive on Administrative and management for ministerial activity, assigned, inter alia, to the holders of the Directorates-General of the Department, the objectives to be pursued in the year 2015, with its human resources, financial and instrumental; Having regard to the Decree of the President of the Council of Ministers dated September 9, 2014, registered November 11, 2014, with whom Dr. Enrico Maria Pascual was appointed Director General of the Directorate-General for the supervision of port authorities, port infrastructure and maritime transport and inland waterways; Having regard to Directive No. 2 of January 15, 2015, by which the Director-General of the Directorate-General for the supervision of port authorities, port infrastructure and maritime transport and inland waterways, attaches to non-General management objectives and the financial resources for the year 2015; Having regard to act November 30, 1998, n. 413 on the «Refinancing of the shipbuilding industry and industry owner and implementation of Community legislation relating to art. 9, paragraph 1, provides for the adoption and funding of a program for infrastructure projects for expansion, modernization and upgrading of ports ", and subsequent refinancing arranged with law no December 23, 1999 488, art. 54, paragraph 1, containing "provisions for the State annual and multiannual budgeting (Finance Act 2000) programme, and with the law December 23, 2000, n. 388, art. 144, paragraph 1 concerning "provisions for the State annual and multiannual budgeting (Finance Act 2001) '; Having regard to Act 1° agosto 2002, n. 166 which, under art. 36, paragraph 2, provides that ' for the continuation of the program of modernization and upgrading of port facilities under art. 9 of law no 413 of 1998, as well as for operations in the port of Manfredonia in art. 1, paragraph 4, point d) of law # 426 of 1998, are allowed more contract commitment limits of 34,000,000.00 euros for the year 2003 and 64,000,000.00 euros for the year 2004 '; Whereas, by Ministerial Decree of June 3, 2004, registered at the Court of Auditors on 5 June 15, 2004, registry, Folio 28, published in the Official Gazette of August 18, 2004, n. 193, it was approved by the Minister pro tempore infrastructure works program of expansion, modernization and upgrading of ports, identified as priority under the three-year programming works taken by port authorities pursuant to art. 14 of law No 109 of 1994 and subsequent amendments and integrations, and approved the plan of allocation of the financial resources provided by art. 36, of the above Act n. 166 of 2002, the total amount of €1,398,100,005.00; Given that, based on the same funds arranged by art. 36 of law No 166 of 2002, were also arranged, with ministerial decree dated June 3, 2004, additional funding for the construction of infrastructures in the ports of Chioggia and Monfalcone, curated the respective special companies of the port of their €11,400,000.00, and were also placed funds in the amount of €4,999,995.00 for the purposes indicated by law December 9, 1998 , # 426, art. 1, the port of Manfredonia. Considering that, pursuant to art. 7 of the aforementioned ministerial decree June 3, 2004, upon reasoned request by the port authorities, you can proceed with the integration of the program of actions eligible for funding with the Decree, identifying new works under the three-year programming adopted by those authorities, in accordance with Decree April 12, 2006, # 163, as amended and supplemented; Considering that, pursuant to art. 1 procedural agreements concluded with the port authorities, in the implementation of art. Ministerial Decree of 4 June 3, 2004, reasoned request of the port authorities, it is possible to proceed to the integration of the plan of remedial measures eligible for funding with the Decree, through the use of any auction-related markdowns economies achieved following experiment tenders relating to interventions included in the three-year programming adopted by port authorities, subject to the approval of the integrated program; Considered that, after the approval and publication of the programme of infrastructural works to that question, some port authorities represented new demands and supervened and obstacles that prevent the implementation of planned interventions; Taking into account that with varying decrees of the Minister of infrastructure and transportation, respectively # 7329 of December 21, 2004, # 1967 of April 18, 2005, 3581/3590 of the 4349/4829/4966/5319 number # July 5, 2005, October 26, 2005, # 416 of February 2, 2006 and the Ministry of infrastructure of 6 January 8, 2007, n. # 2642 of December 28, 2007, no. 571 of June 6, 2008, # 10/10 October 11, 2010 December 22, 2009, the # of 16389 e n. 18/13 of December 17, 2013, all recorded on the Court of Auditors, objective reasons have been identified that were causes of impediment to enable scheduled posts, and it was determined a more exact redevelopment and quantification of assistance already programmed, by making changes to the approved programme; See, most recently, the Ministerial Decree No 18/13 of December 17, 2013, registered at the Court of Auditors dated 1 January 13, 2014 registry, sheet 133, with which, under the provisions of art. 15 of Decree-Law No 83 June 22, 2012, converted, with amendments, by law no August 7, 2012. 134, and following the identification of finance revoked by the Decree of the Minister of infrastructure and transport in consultation with the Minister of economy and finance # 43 of February 7, 2013, infrastructure expansion, modernization and upgrading of ports, under art. 36 of the Act 1 St August 2002, n. 166, approved for euro 1,425,900,000.00 by Ministerial Decree of June 3, 2004, already reduced to € 1,303,831,099.53 by virtue of Ministerial Decree No. 6/12 of March 15, 2012, registered at the Court of Auditors on June 7, 2012, the register 6, 172, sheet it was further reduced to euro 1,233,331,161.42 and reformulated in the interventions; Considering they were now represented by the port authorities of La Spezia, Piombino and Salerno more State funding to them assentiti rescheduling needs in the light of the actual financial needs resulting from the dynamics of its contracts, in respect of the extent of the funding altogether nodded to each institution; Deemed it necessary to proceed to the change in the schedule of planned interventions of competence of these port authorities, in order to allow the use of public resources allocated for this purpose from the norm in question and to achieve the public interest connected with the execution of works programmed; Having regard to the note dated November 26, 2014, # 10141/14 with which the port authority of Piombino presented a proposal for reformulation of a part of the program of measures eligible for funding State and, in particular, requires you to use the share of resources made available on the draft «dredging and reclamation of the area in front of the works of variant II of PRP in the port of Piombino-the functional operation of the excerpt banchinamento» , whose motives are given in the note itself, for the financing of the project of «connector and battery Wharf extension exceeding EUR 3.7 million euro, implementation of port master plan, necessary to ensure the safety and security in the North and ensure the full operation of the platform, fitted into the existing planning acts of the company itself and considered a priority within the three-year planning of the institution; Considering that pursuant to art. 127, paragraph 3, of legislative decree April 12, 2006, # 163, the project in question must be acquired the technical opinion by the C.T.A., established at the inter-regional services administration at OO. PP. territorial jurisdiction; Considered the compensatory nature of the proposed variation which does not alter the total amount of funding agreed to that port authority; Considered, therefore, to proceed with the financial restructuring of the activities of the programme approved by the Ministerial Decree of June 3, 2004 and subsequent changes, the responsibility of the port authority of Piombino, in order to permit the immediate use of public funds allocated for this purpose from the norm in question and to achieve the public interest connected with the execution of works programmed; Whereas, therefore, provided the total amount of funding agreed, euro 49,340,315.99, the framework of operations approved by the Ministerial Decree of June 3, 2004 and subsequent changes, the responsibility of the port authority of Piombino, is restated as follows: measure graphically View the note dated March 9, 2015, n. 03459 with which the port authority of Salerno, taking account of the actual financial requirements relative to planned interventions subsequent to the dynamics of its procurement , presented a proposal for a reformulation of the programme of measures eligible for funding State and, in particular, to allocate economies obtained under the projects scheduled for part-financing of further two interventions called, respectively: "to protect the reef water Extension of Santa Teresa» euro 1,775,000.00, and «construction of a building on the quayside services commercial port» euro 4,942,115.00 Ligea the current policy of the institution, placed in the same acts; Considering that pursuant to art. 127, paragraph 3, of legislative decree April 12, 2006, # 163, on the projects in question must be acquired the technical opinion by the C.T.A., established at the inter-regional services administration at OO. PP. territorial jurisdiction; Considered the compensatory nature of the proposed variation which does not alter the total amount of funding agreed to that port authority; Considered, therefore, to proceed with the integration of the program approved by the Ministerial Decree of June 3, 2004 and subsequent changes, the responsibility of the port authority of Piombino, in order to permit the immediate use of public funds allocated for this purpose from the norm in question and to achieve the public interest connected with the execution of works programmed; Whereas, therefore, provided the total amount of funding agreed, euro 48,617,115.00, the framework of operations approved by the Ministerial Decree of June 3, 2004 and subsequent changes, the responsibility of the port authority of Salerno, is restated as follows:
Part of ruling graphically View the note # 7091, dated July 29, 2013, with which the port authority of La Spezia has requested the rescheduling of amounts charged to two infrastructure projects, already provided for in the approved programme, taking account of the actual financial requirements relative to planned interventions subsequent to the dynamics of its procurement and therefore, in particular , to allocate economies obtained under the project entitled «Construction ramps to traffic flow distribution of access to the port», equal to euro 647,982.95, the financing of major expenditure foreseen by the reworking of the economic framework of the project «2° extract functional terminal Ravano on completing the sewer Pit channels L and Montecatini "; Given the nature of compensatory financial restructuring proposal, which basically does not alter the total amount of funding agreed to that port authority; Considered, therefore, to proceed with the financial restructuring of the activities of the programme approved by the Ministerial Decree of June 3, 2004 and subsequent changes, the responsibility of the port authority of The Ranges, in order to allow the rapid use of public resources allocated for this purpose from the norm in question and to achieve the public interest connected with the execution of works programmed; Whereas, therefore, provided the total amount of funding agreed by euro 61,150,629.31, the overall picture of the jurisdiction of the port authority of La Spezia, approved by the Ministerial Decree of June 3, 2004 and subsequent changes, is restated as follows: measure in graphic format considered for the above, we can proceed, in acceptance of motivated requests made by these port authorities of La Spezia , Piombino and Salerno to the change and restructuring programme of infrastructure projects for expansion, modernization and upgrading of ports to be financed by the resources brought by law 1° agosto 2002, n. 166, with the use of the procedure indicated in art. 7 of the Decree June 3, 2004; Given that the works proposed amendment and supplementing of the plan of remedial measures eligible for funding by these port authorities are included in the schedules of the same under the Act February 11, 1994, n. 109, as amended; According to the law and regulation of accounting of the State;
Decrees: Article only as described in the introduction, acceptance of reasoned and documented requests made by port authorities of La Spezia, Piombino and Salerno, approved the following changes and additions to the programme of infrastructure projects for expansion, modernization and upgrading of ports approved by the Ministry pro tempore, by Ministerial Decree of June 3, 2004, registered at the Court of Auditors on June 15, 2004 5, sheet 28, register, as subsequently amended and supplemented, amended by Ministerial Decree 18/13 of December 17, 2013, to be financed by the resources brought by law 1° agosto 2002, n. 166, mentioned below and also reflected in annex list of operations altogether programmed that form an integral part of this measure: measure in graphic form Rome, March 17, 2015 Director General: Puija recorded at the Court of Auditors on April 14, 2015 control Office acts Ministry of infrastructure and transport and Ministry of the environment, land and sea protection , Reg. # 1, Sheet # 1299