Regulations of interest
Law 1 August 2002, n. 166
Provisions on infrastructure and transport
(Official Gazette No. 181 of 3 August 2002, Ordinary Supplement No. 158)
Art. 2
Rules for accelerating public works and provisions on subsidized construction
- Paragraphs 2, 2-bis and 3 of article 9-bis of the legislative decree 3 April 1993, n. 96, and subsequent amendments, are replaced by the following:
1. Disputes relating to special projects and other works referred to in paragraph 1, for disputes pending as of December 31, 2001, may be settled on an ex officio initiative or at the request of the creditor to be presented no later than June 30 2002, within the limit of 25 per cent of claims for higher compensation, net of monetary revaluation, interest, expenses and fees. This procedure is also applied to all interventions for which reserves are entered exclusively in the accounting of the works. If an arbitration award or a non-definitive judicial decision has taken place on the dispute, the limit for the settlement can be raised to a maximum of 50 percent of the amount recognized net of monetary revaluation and interest. A flat-rate increase coefficient of 5 per cent per annum including monetary revaluation and interest is applied to the amount defined in the settlement.
2-bis. The examination and definition of the questions take place within six months from the date of receipt of each application. For the ex officio procedure the same term starts from the date of the start of the procedure. In the event of acceptance of the proposal, the Administration may have recourse to the opinion of the State Attorney General, which must decide within six months of the request, on the transaction scheme according to public accounting rules. In this case, the term is interrupted for the time necessary to acquire this opinion. In the event that the Attorney General of the State does not express its opinion within six months from the date of the request by the Administration concerned, the principle of silent consent applies. The Administration provides for the payment of the amounts within two months following the acquisition of the opinion of the State Attorney General.
3. The presentation of the petition suspends the terms relating to pending judgments until 30 November 2002, even in the executive phase. This procedure is also applied to special projects and to the works envisaged by CIPE resolution no. 157, identified in article 2, paragraph 2, of the law of 19 December 1992, n. 488, already transferred by the ad acta commissioner pursuant to article 9 of this decree ". - The definition of the deeds of transfer of the works referred to in paragraph 1 of article 9 of the legislative decree 3 April 1993, n. 96, provides the Ministry of Infrastructure and Transport with the procedures referred to in article 20-bis of the decree-law of 25 March 1997, n. 67, converted, with modifications, by the law 23 May 1997, n. 135, on the basis of self-certification of the final expense report approved by the decision-making body and signed by the legal representative of the entity to which the transfer is made, for amounts not exceeding 103,000,000 euros. By decree of the Minister of Infrastructure and Transport, after consulting the Minister for Regional Affairs, the criteria and methods for forming the sample of projects of no less than 20 percent of the works defined, to be subjected to control pursuant to this document, are identified. law.
- For road works of inter-municipal interest under construction, admitted to financing pursuant to article 1, paragraph 9, of the decree-law of 22 October 1992, n. 415, converted, with modifications, by the law 19 December 1992, n. 488, the execution, maintenance and management functions are transferred to the regions that take over the legal relationships, including procedural ones, to the implementing subjects, with a restriction on the use of resources upon completion of the originally approved projects.
- By decree of the Minister of Infrastructure and Transport, an auditing committee has been set up at the Ministry of Infrastructure and Transport, at no cost to the State budget, to verify the reports presented by the ad acta commissioner appointed pursuant to articles 9 and 9-bis of the legislative decree 3 April 1993, n. 96, as last modified by this article. The college is made up of a magistrate of the Court of Auditors with a qualification no less than a councilor who chairs it, a general manager of the Ministry of Economy and Finance and a general manager of the Ministry of Infrastructure and Transport. The verification of the reports must concern the activities of the ad acta commissioner from the aspect of the efficiency, effectiveness and cost-effectiveness of the management, in compliance with the regulations in force. The resolutions of the college are definitive acts. No compensation or reimbursement of expenses is foreseen for the members of the college.
- To the subsidized building interventions referred to in article 18 of the decree-law 13 May 1991, n. 152, converted, with modifications, by law 12 July 1991, n. 203, the cost limits referred to in the decree of the Minister of Public Works of 5 August 1994, published in the Official Gazette no. 194 of 20 August 1994, in the event that the tenders for the construction of the works have been deserted at least twice. In the latter case, it is possible to proceed with a possible reduction in the number of accommodations to be built. Alternatively, the concessionaire of the program referred to in the aforementioned article 18 can contribute with its own funds to the increase in state funding, within the maximum cost limits referred to in the aforementioned decree of the Minister of Public Works of 5 August 1994, for the purpose of complete implementation. of the work.
- The lodgings made with the private financing referred to in paragraph 5 can be sold to local authorities, to autonomous public housing institutions, however named, or to similar bodies, competent at the cost price referred to in the aforementioned decree of the Minister of Public Works 5 August 1994. In this case, the sale price is determined by the construction cost, as per the same decree, with the exclusion of any revaluation and the price of the land. In the event that the aforementioned accommodations remain in the availability of the promoter, the latter is required, for a period of twelve years, to allocate them to the rental in the manner referred to in article 2, paragraph 3, of the law of 9 December 1998, n. 431, in favor of public employees engaged in the fight against crime.
- The expiry of the terms of one hundred and eighty days and one hundred twenty days, respectively provided for by article 11, paragraph 2, and by article 12, paragraph 2, of law no. 136, already deferred, most recently, to 31 October 2001 by article 145, paragraph 81, of the law of 23 December 2000, n. 388, is further deferred to nine months from the date of entry into force of this law. The financing of the interventions thus activated is in any case subject to existing availability, on the date of ratification by the municipality of the program agreement, on the allocation for the implementation of the program referred to in article 18 of the decree-law of 13 May 1991. , no. 152, converted, with modifications, by law 12 July 1991, n. 203.
- The funds provided for by article 22, paragraph 3, of the law of 11 March 1988, n. 67, intended for the realization of facilitated building interventions as part of the extraordinary residential building program to be leased or for use by the employees of the State administrations engaged in the fight against crime pursuant to article 18 of the decree-law of 13 May 1991, n. 152, converted, with modifications, by law 12 July 1991, n. 203, are used for the following purposes related to the implementation of the aforementioned program:
- coverage of the higher costs, incurred in the execution of subsidized construction programs, up to a maximum of 10 per cent of the construction cost;
- financing of integrated programs usefully placed in the ranking within the limits and according to what is indicated in paragraph 7;
- financing of the interventions within the limits and according to what is indicated in paragraph 7.
- For works of significant national interest due to the employment implications and related social repercussions referred to in article 13 of the decree-law of 25 March 1997, n. 67, converted, with modifications, by the law 23 May 1997, n. 135, identified with the decrees of the President of the Council of Ministers provided therein, whose execution has not yet begun or continued, or, if begun or continued, is in any case suspended on the date of entry into force of this law, the President of the Council of ministers, as a rule, decides on the use of unused sums pursuant to the provisions of paragraph 5 of the same article 13 of decree-law no. 67 of 1997, simultaneously revoking the appointment of the relative extraordinary commissioners. For all interventions deemed to be a priority, the President of the Council of Ministers, on the proposal of the Minister of Infrastructure and Transport, arranges for the appointment of one or more new extraordinary commissioners, who will be responsible for making all decisions, even of a contractual nature, deemed necessary and in any case useful to arrive at the start or the continuation of the works, even suspended. The decisions made by the extraordinary commissioners are binding on the competent administrations. The charges connected with the fees to be paid to the extraordinary commissioners are charged to the funds allocated for the individual interventions. Paragraphs 2, 3, 4, 4-bis and 4-quater of article 13 of the aforementioned decree-law no. 67 of 1997.
- The possession of the subjective requisites required for the issuance of the definitive decrees, containing the determination of the subsidized building contributions referred to in article 72 of the law of 22 October 1971, n. 865, in article 9 of law no. 166, article 6 of the decree-law 13 August 1975, n. 376, converted, with modifications, by law 16 October 1975, n. 492, and articles 2 and 10 of the law 8 August 1977, n. 513, is demonstrated by the individual borrowers through the presentation of the relative self-certification to the lending institution. The Ministry of Infrastructure and Transport is authorized to carry out random checks, not less than 20 percent of the total self-certifications, to verify the declarations contained in the self-certifications.
- In paragraph 49 of article 52 of law no. 448, the words: "The ad acta commissioner provided for by article 10 of the decree-law 4 September 1987, n. 366, converted, with modifications, by law 3 November 1987, n. 452, with its own determination, entrusts within two months from the date of entry into force of this law "are replaced by the following:" The Minister of Infrastructure and Transport appoints an ad acta commissioner who operates with the powers referred to in article 13 of the decree-law of 25 March 1997, n. 67 , converted, with amendments, by law no. 135 of 23 May 1997, and subsequent amendments, and which, with its own determination, it entrusts within six months from the date of the appointment decree ".
- For the completion of the expenditure procedures initiated by the regional public works and magistrates for the Po of Parma and the waters of Venice, as well as for the realization of hydraulic interventions that remain under state competence, pursuant to article 54, paragraph 1 , of the legislative decree 31 March 1998, n. 112, and of article 2, paragraph 3, of the legislative decree 25 May 2001, n. 265, the Minister for the environment and territorial protection assigns, with its own decrees, to the competent regional authorities for public works, to the magistrates for the Po di Parma and the waters of Venice, the necessary funds, using, for this purpose, the allocation of the specific chapters of the forecast of the Ministry of the environment and the protection of the territory in accordance with the provisions of the law of 17 August 1960, n. 908.