Regulations of interest

Law Decree 8 July 2002, n. 138

(Official Journal No. 158, 8 July 2002, General Series)

Coordinated with the conversion law 8 August 2002, n. 178 containing: "Urgent interventions in tax matters, privatizations, containment of pharmaceutical expenditure and to support the economy even in disadvantaged areas"
(GU n. 187 of 08/10/2002)

Art. 7 ANAS

  1. In implementation of the provisions contained in Chapter III of Title III of Law no. 448, and to ensure the urgent achievement of the objectives set out therein, the National Authority for the streets ANAS is transformed into a joint stock company with the name of: "ANAS Joint stock company - also ANAS" with effect from the date of the meeting of referred to in paragraph 7.
  2. ANAS Spa is granted, by way of concession, the tasks referred to in article 2, paragraph 1, letters from a) to g), as well as 1), of legislative decree no. 143. ANAS Spa approves the projects referred to in the legislative decree February 26, 1994, n. 143. ANAS Spa approves the projects of the works subject to concession also for the purposes referred to in article 2, paragraph 2, of the legislative decree 26 February 1994, n. 143, and it is responsible for issuing all the acts of the expropriation procedure pursuant to the consolidated text of the legislative and regulatory provisions on expropriation for public utility, referred to in the decree of the President of the Republic of 8 June 2001, no. 327. The concession is approved by 31 December 2002 by the Minister of Infrastructure and Transport in agreement, as regards the financial aspects, with the Minister of Economy and Finance. As part of the concession agreement provided for in paragraph 3 to ANAS Spa, the rights and powers of the owner are attributed to the roads and highways entrusted to it.
  3. The discipline of the concession referred to in paragraph 2 is established in the concession agreement which provides, among other things:
    1. the methods of exercise by the grantor of the supervisory and guiding powers over the activity of the concessionaire;
    2. the procedures, including the use of concession contracts to third parties by ANAS Spa, for the management, maintenance, improvement and adaptation of state roads and highways and for the construction of new roads and state highways;
    3. the modalities for the disbursement of the financial resources necessary for the performance of the tasks entrusted to the concession, and for the coverage of the charges borne by the National Road Authority ANAS for the tasks performed up to the transformation;
    4. the duration of the concession, in any case, does not exceed thirty years.
  1. By decree of the Minister of Infrastructure and Transport, in agreement with the Minister of Economy and Finance, adopted within 60 days from the date of entry into force of this decree, the outline of the statute of ANAS Spa is approved. Minister of Infrastructure and Transport, in agreement with the Minister of Economy and Finance, as regards the financial aspects, to be adopted within the same deadline, the outline of the concession agreement is approved. Any subsequent amendments to the statute or the concession agreement are approved in the same way.
  2. By decree of the Minister of Economy and Finance, the share capital of ANAS Spa is determined on the basis of the net assets resulting from the latest financial statements. Within three months of the first meeting, by decree of the Minister of Economy and Finance, to be adopted in consultation with the Minister of Infrastructure and Transport, one or more persons with adequate experience and professional qualification are designated to carry out the assessment of the corporate assets. . Within three months of receipt of the sworn report, the board of directors of the company determines the definitive value of the share capital within the limits of the estimated value contained in the report itself and in any case not exceeding that resulting from the application of the criteria referred to in article 11, paragraph 2, of the law of 21 November 2000, n. 342.
  3. The shares are attributed to the Minister of Economy and Finance, who exercises the rights of the shareholder in agreement with the Minister of Infrastructure and Transport, according to the directives of the President of the Council of Ministers. The president of the company and the other members of the corporate bodies are designated by the Minister of Infrastructure and Transport, with the exception of the President of the Board of Statutory Auditors, who is designated by the Minister of Economy and Finance.
  4. The approval of the statute and the appointment of the members of the corporate bodies provided for by the statute itself are carried out by the first assembly which is convened, by the administrator of the National Authority for the streets - ANAS, within thirty days of the issuance of the decrees referred to in paragraph 4.
  5. The publication in the Official Gazette of this decree takes place of the formalities regarding the constitution of joint stock companies provided for by the current provisions.
  6. The employment relationship of the staff employed by the National Authority for the streets - ANAS at the time of transformation continues with ANAS Spa and continues to be governed by the previous provisions.
  7. All the acts connected to the transformation operations are carried out under a fiscal neutrality regime.
  8. The audit of the Court of Auditors takes place in the manner provided for by article 12 of the law of 21 March 1958, n. 259. ANAS Spa may avail itself of the patronage of the State Advocacy, pursuant to article 43 of the consolidated act of laws and legal norms on the representation and defense in court of the State and on the order of the State Advocacy, of referred to in the Royal Decree of 30 October 1933, n. 1611, and subsequent amendments.
  9. On a transitional basis, the same members of the Board and the Board of Auditors of the National Authority for the Streets - ANAS are confirmed for the same duration of the office currently held as members of the first board of directors and the first board of statutory auditors. The resources already assigned to the National Road Authority - ANAS are insured for the activities subject to concession to ANAS Spa. Until the concession referred to in paragraph 2 is effective, ANAS Spa continues to fulfill all the tasks and functions attributed to the National Road Authority - ANAS using the resources assigned to the Authority itself and the rules apply to it. and the relevant provisions of the aforementioned Body. ANAS Spa happens in the active and passive relationships of the National Body for the Streets - ANAS. Any reference to ANAS, contained in laws, regulations or provisions, must be understood as made to ANAS Spa.

Art. 8 Reorganization of CONI

  1. The public body Italian National Olympic Committee (CONI) is divided into the organs, including peripheral ones, provided for by the legislative decree of 23 July 1999, n. 242. For the performance of its duties it avails itself of the company provided for in paragraph 2.
  2. A joint stock company has been established with the name "CONI Servizi Spa".
  3. The share capital is set at 1 million euros. Subsequent contributions to the share capital are established, taking into account the industrial plan of the company, by the Minister of Economy and Finance, in agreement with the Minister for Cultural Heritage and Activities.
  4. The shares are attributed to the Ministry of Economy and Finance. The president of the company and the other members of the board of directors are appointed by CONI. The chairman of the board of statutory auditors is designated by the Minister of Economy and Finance and the other members of the same board by the Minister for Cultural Heritage and Activities.
  5. The approval of the statute and the appointment of the members of the corporate bodies provided for by the statute itself are carried out by the first assembly, which the Minister of Economy and Finance, in agreement with the Minister for Cultural Heritage and Activities, convenes within thirty days from the date of entry into force of this decree.
  6. Within three months of the first meeting, by decree of the Minister of Economy and Finance, adopted in concert with the Minister for Cultural Heritage and Activities, one or more persons with adequate experience and professional qualification are designated to carry out the asset assessment. social. Within three months of receiving the sworn report, the board of directors or the sole director of the company, after consulting the board of statutory auditors, determines the definitive value of the share capital within the limits of the estimated value contained in the report itself and in any case not exceeding that resulting from the application of the criteria referred to in article 11, paragraph 2, of law no. 342. If the result of the estimate turns out to be insufficient, real estate assets of the State can be identified by decree of the Minister of Economy and Finance to be conferred to Coni Servizi spa. To this end, further contributions to the share capital may be made with subsequent legislative measures.
  7. The publication in the Official Gazette of this decree takes place of the formalities regarding the constitution of joint stock companies provided for by the current provisions.
  8. Relations, including financial ones, between CONI and CONI Servizi spa are governed by an annual service contract.
  9. CONI Servizi spa can also enter into agreements with the regions, autonomous provinces and local authorities.
  10. The audit by the Court of Auditors on CONI Servizi spa is carried out in the manner provided for by article 12 of the law of 21 March 1958, n. 259. CONI Servizi spa may avail itself of the patronage of the State Attorney, pursuant to article 43 of the consolidated act of laws and legal regulations on representation and defense in court of the State and on the legal system of the State Attorney, of referred to in the Royal Decree of 30 October 1933, n. 1611, and subsequent amendments.
  11. The staff employed by the public body CONI has been employed by CONI Servizi spa since 8 July 2002, which succeeds in all active and passive relationships, including financing relationships with banks, and in the ownership of assets making head to the public body. By decree of the President of the Council of Ministers, adopted within thirty days from the date of entry into force of this decree, on the proposal of the Minister for the civil service, in agreement with the Minister of Economy and Finance, after consulting the trade unions, established the implementation procedures for the transfer of CONI personnel to CONI Servizi spa, also for the purpose of safeguarding, after the transfer and in the initial implementation phase of this provision, the procedures referred to in articles 30, 31 and 33 of the legislative decree of March 30 2001, n. 165. For employees in service at the CONI public body on the date of entry into force of this decree, the contribution and pension schemes for seniority accrued up to the aforementioned date remain valid.
  12. All the acts connected to the operations of incorporation of the company and conferral to the same are excluded from all taxes and rights and are therefore carried out in a fiscal neutrality regime.
  13. Until the first meeting, all the legislative and statutory provisions governing CONI remain in force on a provisional basis. From the aforementioned date these provisions remain in force insofar as they are compatible.
  14. The current provisions on the supervision of the Ministry for cultural heritage and activities on CONI remain valid.
  15. The charge deriving from this article, equal to 1,000,000 euros, is provided, for the year 2002, by means of a corresponding reduction in the appropriation entered, for the purposes of the 2002-2004 three-year budget, as part of the basic forecasting unit. capital account "special fund" of the budget of the Ministry of Economy and Finance for the year 2002, using the provision relating to the Ministry itself.