Thursday, April 18, 2024

Vogon Today

Selected News from the Galaxy

StartMag

How will the ad hoc structure for the Recovery Fund be. Draft decree Pnrr

3 years ago babelfish

How will the ad hoc structure for the Recovery Fund be. Draft decree Pnrr

What does the draft of the Pnrr decree (National Recovery and Resilience Plan) provide, all the details also on the salary in derogation for the staff who will be part of the ad hoc structure desired by the Prime Minister

"The ancillary remuneration of the staff working at the facility is paid, notwithstanding the current regulations on the matter, by the Administrative Director, who is the employer of the staff of the Structure, after evaluating the same on the activity carried out", is what reads the draft decree of the National Recovery and Resilience Plan (Pnrr).

Here is the full text of the draft of the Pnrr decree:

Draft of the National Recovery and Resilience Plan Decree

ART …

1. By resolution of the Council of Ministers, on the proposal of the Interministerial Committee for European Affairs (CIAE), subject to the opinion of the Unified Conference referred to in article 8 of legislative decree no. 281 and of the competent parliamentary commissions, the National Recovery and Resilience Plan (PNRR) is adopted for its final approval by the Council of the European Union. Opinions are made within fifteen days of the request; after this deadline has elapsed, the acquisition of opinions is ignored. The favorable opinion of the Conference is equivalent to the approval of all the design choices and administrative decisions contained therein, including the possible location of the works subject to the interventions contained in the PNRR. If substantial changes are required at the time of approval of the Plan, the Council of Ministers acknowledges them with a new resolution taken following the same procedure referred to in this paragraph, in which case the opinions are given within 10 days of the request.

2. An Executive Committee is established within the CIAE, composed of the President of the Council of Ministers, the Minister of Economy and Finance and the Minister of Economic Development, with tasks of coordination, supervision and supervision on the implementation of the related activities to the PNRR and the Minister for European Affairs is identified, in agreement with the Minister of Foreign Affairs and International Cooperation as far as the latter's competence is concerned, as the contact with the European Commission to provide the necessary updates on the same activities. The Committee may delegate to one of its members, without formalities, the performance of specific activities. In particular it:

a) periodically updates the CIAE on the implementation of the PNRR, including the state of implementation of the reforms;

b) submits the most important issues to the CIAE, including substantial changes to the projects, as well as particular difficulties in their execution;

c) periodically reports to the Chambers, transmitting, on a quarterly basis, the report referred to in paragraph 19;

d) directs and coordinates the activity of the Mission Managers referred to in paragraph 4, who are required to conform their activities to the indications of the Committee, to which they report periodically, and in any case at least monthly;

e) examines any question formulated by individual Ministers in relation to the implementation of the PNRR, with the right to invite them to the meetings as far as they are concerned.

3. By decree of the President of the Council of Ministers, on the proposal of the Executive Committee, a mission structure is established, pursuant to article 7, paragraph 4, of legislative decree no. 303, for the support to the Mission Managers in the exercise of the functions referred to in paragraphs 14 and 15, as well as for the technical assistance to the subjects implementing the PNRR interventions.

4. With one or more decrees of the President of the Council of Ministers, on the proposal of the Executive Committee referred to in paragraph 2, the Heads of missions are appointed, including within companies with public participation, who direct the structure referred to in paragraph 3, supervise and control the implementation of the projects and works necessary for the implementation of the PNRR, also through the exercise of the powers referred to in paragraph 15. The identification of the Mission Managers takes into account the material areas affected by the PNRR. The Mission Managers are chosen from among people with proven managerial skills, high professionalism and qualified many years of experience.

5. The Conference of Mission Managers defines and coordinates the activities of the structure for the aspects common to all the missions. Within the framework of the Conference, a Coordinator is appointed, pursuant to paragraph 4

who oversees the performance of activities that require collegial intervention. The administrative and operational management of the structure is entrusted to an administrative director, who is required to conform his activities to the guidelines of the Conference and of the individual mission managers. The administrative director draws up, every six months and on the basis of the data and evidence of the system referred to in Article 184, paragraph 7, [of the Budget Bill], the report on the progress of the PNRR containing the requests for reimbursement to be sent to European Commission. The structure, notwithstanding article 7, paragraph 4, of legislative decree no. 303, lasts until the completion of the PNRR.

6. A contingent of personnel is assigned to the mission structure, including at managerial level within the limits of the resources referred to in paragraph 17. Said contingent is identified among the personnel of the public administrations, in a position of out of office, command or other similar position provided by the legal systems to which they belong, to which the provision referred to in article 17, paragraph 14, of law no. 127, with the exclusion of teaching, educational, administrative, technical and auxiliary staff of educational institutions, among the staff of public subsidiaries based on a relationship regulated also on a conventional basis, as well as may be composed of collaborators, consultants or experts, even unrelated to public administration, chosen in trust among subjects with high and recognized professionalism in the disciplines subject to the interventions, including legal-economic, engineering, archaeological, landscape, urban planning, development and management of complex processes of technological transformation, communication initiatives, development of digital programs and platforms, energy and ecological transition, which are recruited with fixed-term employment contracts, governed exclusively by the rules of private law, renewable even several times until the completion of the PNRR. Articles 7, paragraphs 5-bis, 6 and 6-bis, and 35 and 36 of legislative decree no. 165, as well as articles 19 and 21 of the legislative decree of 15 June 2015, n. 81 and the rules on the conferral of managerial positions. The ancillary remuneration of the staff working at the facility is paid, by way of derogation from the current regulations on the matter, by the Administrative Director, who is the employer of the staff of the Facility, after evaluating the activity carried out.

7. The Mission Managers, after informing the Executive Committee, may use in-house companies or public administration structures, according to the procedures defined in the decrees referred to in paragraph 4. They can also enter into agreements with companies controlled by the State or by other public administrations.

8. The deeds and provisions of the structure referred to in paragraph 3 are not subject to the preventive control of the Court of Auditors referred to in Article 1 of Law no. 20. Article 29 of the decree of the President of the Council of Ministers of 22 November 2010, containing «Discipline of the financial and accounting autonomy of the Presidency of the Council of Ministers», published in the Official Gazette no. . 286 of 7 December 2010. The Court of Auditors exercises management control pursuant to article 3, paragraph 4 of law no. 20, carrying out in particular assessments of cost-effectiveness, efficiency and effectiveness regarding the acquisition and use of financial resources from the funds referred to in the PNRR. This control is carried out in close cooperation with the European Court of Auditors, according to the principles of sound financial management referred to in Article 287, paragraph 2 of the Treaty on the Functioning of the European Union.

9. The implementation of the reforms, programs and projects of the PNRR, including those already financed under current legislation, is carried out by the Administrations and other implementing bodies.

10. The Ministries involved in the implementation of the PNRR interventions, in the exercise of their ordinary competences, may at any time request to activate a specific discussion table with the Mission Managers on any issue concerning the areas of implementation of the PNRR within their competence. . The ministries, other public administrations and other implementing bodies interested in the implementation of the PNRR interventions identify a single point of contact for relations with the subjects involved in the implementation of the plan, as well as those competent for the respective relative aspects within their own structures to the implementation of the PNRR. Implementing entities that have more than one project can also identify a

responsible for each project. The single contact person participates in the meetings of the mission structure when the projects and interventions of interest to the ministry, the public administration or the implementing body that identified him are examined, and periodically reports on their implementation.

11. The implementing bodies may make use of in-house companies, public administration structures and, in the event of particular executive difficulties in the implementation of the projects, the design structure at the State Property Agency referred to in Article 1, paragraphs 162 and following, of the law of 30 December 2018, n. 145.

12. The Political Authority delegated to cohesion policies, in conjunction with the Executive Committee, ensures the strategic coherence of the programming of the European and national cohesion policy with the missions of the PNRR, and proposes the interventions through which to guarantee implementation coordination; to such interventions, subject to the approval of the CIAE, the provisions of this article and the following one apply insofar as they are compatible.

13 By decree of the President of the Council of Ministers, on the proposal of the CIAE and subject to the opinion of the Unified Conference, the Social Responsibility Committee is established, composed of representatives of the productive and social categories, of the university system and of scientific research and of society civil. The Chairman of the Committee is chosen from among individuals with a high institutional and scientific profile and well-known independence. The Committee can be asked to give notice in relation to specific problems concerning the implementation of the interventions included in the PNRR; may collaboratively report to the Executive Committee and the Mission Managers any profile deemed relevant for the implementation of the PNRR also in order to facilitate the overcoming of impeding circumstances and facilitate the effective and rapid implementation of the interventions falling within the aforementioned plan.

14. In order to promote transparency and encourage widespread forms of control on the implementation of the interventions contained in the PNRR, as well as on the use of related resources, each Mission Manager, using the structure referred to in paragraph 3, supervises the implementation of the chronoprogram of the projects falling within its sphere of competence and the relative state of progress, ensuring its periodic and constant updating, also providing for the constant publication, on a specific section of the institutional website of the Presidency of the Council of Ministers, of the aforementioned schedule and related updates . To this end, the centralized digital platform is used for the management of the implementation of the PNRR referred to in article 184, containing the data of the projects and the relative documentation based on the provisions referred to in paragraph 8 of the same art. 184 and the level of progress of the related implementation procedures. The implementing bodies certify on the platform the administrative, technical and financial progress and the achievement of the intermediate and final objectives of the individual project. The Mission Managers verify the correctness of the certified data. In the publication on the site, evidence is given of any delays or inertia in the execution of the projects and the relative extent. [insert reminder of tasks Anac v. art. 184 budget bill]

15. Within their respective areas of competence, the Mission Managers exercise, also making use of the bodies of any public administration:

a) powers of impulse and operational coordination to encourage, also through the single contact persons referred to in paragraph 10, the realization, by the implementing subjects, of the projects and works included in the plan, in order to ensure compliance with the times indicated in the time schedule referred to in paragraph 14;

b) supervisory and monitoring powers, assuming for this purpose all necessary information, vis-à-vis the implementing bodies, who are obliged to release them, regarding the progress of the works and compliance with the scheduled timing;

c) replacement powers under the conditions referred to in paragraph 16.

16. Without prejudice to the exercise of the substitutive powers of the State referred to in article 41 of law no. 234, the Mission Managers, in compliance with the general principles of the legal system, of the legislation

of the European Union and of the international obligations assumed by Italy and within the limits of the resources allocated under the legislation in force, exercise substitute powers to resolve situations or events hindering the realization of the works within their competence, immediately notifying the President of the Council of Ministers. To this end, the Head of the mission assigns a deadline to the person concerned to provide no more than fifteen days and, in the event of persistent inaction, having consulted the person concerned, proceeds in any case to the conclusion of the procedure, issuing all the acts and provisions and taking care of all the activities pertaining to the subject remained inert, in place of it. In the event of dissent, denial, opposition or other equivalent act coming from a state body, which is capable of precluding, in whole or in part, the implementation of an intervention falling within the PNRR, the Head of mission, where a mechanism for overcoming the dissent is not already foreseen by the current provisions, proposes to the President of the Council of Ministers, within the following five days, to submit the matter for examination by the Council of Ministers. Where the dissent, denial, opposition or other equivalent act comes from a regional body, the Head of the mission, if a mechanism for overcoming the dissent is not already provided for by the current provisions, proposes to the President of the Council of Ministers or to the delegated Authority to regional affairs and autonomies, within the following five days, to submit the question to the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano to agree on the initiatives to be taken, which must be defined within the term of fifteen days from the date of convocation of the Conference. After this deadline, in the absence of shared solutions that allow the prompt realization of the work, the President of the Council of Ministers, having heard the Head of the mission, proposes to the Council of Ministers the appropriate initiatives for the exercise of the substitutive powers referred to in Articles 117, fifth paragraph, and 120, second paragraph, of the Constitution, pursuant to the provisions in force on the matter.

17. In order for the projects and works to be implemented in compliance with the timing established by the PNRR, the Head of the mission, where strictly necessary to ensure compliance with the time schedule, can provide, even at the request of the implementing body, by means of an ordinance, by way of derogation to any provision of law other than criminal law, without prejudice to compliance with the provisions of the code of anti-mafia laws and the prevention measures referred to in Legislative Decree 6 September 2011, n. 159, as well as the mandatory constraints deriving from belonging to the European Union, having heard the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano. These ordinances are immediately effective and must be published in the Official Gazette.

18. In the event of serious delays, inertia or discrepancies in the execution of the projects and where such situations are not correctable and may jeopardize, even prospectively, the achievement of the intermediate and final objectives, by decree of the President of the Council of Ministers, on proposal of the Executive Committee and following a resolution of the Council of Ministers, to be adopted without delay, the corresponding loan can be revoked, with the exception of the portion relating to legally binding commitments already undertaken to be reallocated in the financial resources of the same PNRR.

19. Each Mission Manager sends at least monthly to the Executive Committee referred to in paragraph 2, also on the basis of the data and evidence of the system referred to in Article 184, paragraph 7, [of the Budget Bill] a report on the activities carried out and on the progress of the interventions included in the NRP, reporting any critical issues that have emerged and the possible ways of overcoming them. The Executive Committee, after informing the CIAE and the Social Responsibility Committee, sends to the Chambers, on a quarterly basis, a report on the implementation of the PNRR and on the monitoring activity carried out, on which the competent parliamentary bodies can adopt any appropriate policy act. . The Mission Managers and the subjects competent for monitoring, where required, report to the competent parliamentary bodies. The quarterly report referred to in this paragraph is also sent to the Joint Conference.

20. The monitoring of the implementation of the projects, works and interventions falling under the NRP, also in terms of management, reporting and effective use of the allocated resources, is carried out in accordance with article [184 budget bill].

21. The President of the Council of Ministers may at any time, on the proposal of the executive committee, revoke the Head of the mission if the time schedule of the projects is not respected or, in any case, if the Head of the mission does not make adequate efforts to resolve situations or events obstacles to the realization of the works included in the plan. 22. The charges deriving from this article are provided for….

ART ….

1. For each project identified pursuant to article X, paragraph 1, the competent administration for the approval of the same shall indicate:

a) the regulatory, administrative and private law acts under which each project is carried out;

b) the administrative acts, however named, necessary for the construction and commissioning of the work and the competent bodies for its release;

c) any other element deemed useful or appropriate.

2. For the works referred to in Article X, paragraph 1, the authorizations, agreements, licenses, opinions, concerts, clearances, assents, however named, with the exception of the environmental impact assessment referred to in paragraph 9, where necessary, within the competence of each state, regional or local public body, including those provided for by sector regulations, necessary for the approval and execution of the related projects, are acquired in the context of a specific service conference that takes place in the manner prescribed by article 14-bis, paragraphs 1, 2, 3, 4 and 5 of the law of 7 August 1990, n. 241 by the competent administration referred to in paragraph 1. The environmental impact assessment procedure referred to in paragraph 9 takes place at the same time as the services conference referred to in this paragraph, it being understood that the final determination of the services conference is subordinate upon successful conclusion of the environmental impact assessment procedure.

3. The approval of the interventions pursuant to paragraph 2 involves, where necessary, the automatic compliant variation of the urban planning instruments in force and the declaration of public utility, non-postponement and urgency of the same.

4. Except for the cases referred to in article 14-bis, paragraph 5, of law no. 241 of 1990, the proceeding administration referred to in paragraph 1 carries out, within thirty days from the expiry of the term for the issuance of the decisions pertaining to the individual administrations, in the manner referred to in article 14-ter, paragraphs 4 and 5 of the law n. 241 of 1990, a meeting, including telematic, of all the administrations involved in which it takes note of their respective positions and adopts the motivated determination of conclusion of the service conference.

5. Against the motivated determination of the conclusion of the conference, opposition may be proposed by the administrations referred to in article 14-quinquies of law no. 241 of 1990, to the Head of the mission referred to in Article X, paragraph 4. In any case, the unconditional consent of the administrations that did not participate in the meeting or, while participating in it, did not express their position is considered acquired, or have expressed a dissent which is not motivated or referred to issues that are not the subject of the conference.

6. The Head of the mission referred to in Article X, paragraph 4, calls, within ten days of receiving the opposition, a meeting with the participation of the administrations that expressed their dissent and the other administrations that participated in the conference. In this meeting the participants formulate proposals, in implementation of the principle of loyal collaboration, for the identification of a shared solution, which replaces the motivated decision to conclude the conference with the same effects.

7. If at the outcome of the meeting referred to in paragraph 6 an agreement is reached between the participating administrations, the proceeding administration adopts a new motivated decision to conclude the conference. If the agreement is not reached, the Head of the mission submits a solution proposal to the Executive Committee referred to in Article X, paragraph 2, for subsequent examination by the Council of Ministers in accordance with the provisions of Article 14-quinquies, paragraph 6, of the law n. 241 of 1990.

8. If it is necessary to reconvene the conference of services on the next level of planning, the provisions of paragraphs 3, 4, 5, 6, 7, 8 are applied and all the terms are reduced by half and the further authorizations, of consent and the opinions, however named, possibly necessary during the execution phase, are issued in any case within sixty days of the request.

9. In order to carry out the environmental assessment procedures of the projects identified with the resolutions referred to in article X paragraph 1, article 25, paragraph 2-bis, of the legislative decree 3 April 2006, n. 152. Technical-scientific support to the competent authority is ensured by the Technical Commission PNRR, placed under the functional dependence of the Presidency of the Council of Ministers, and formed by a maximum number of twenty units, in possession of a specialist or master's degree or a diploma degree, with at least five years of professional experience and with adequate skills for the technical and environmental assessment of the aforementioned projects. The members of the PNRR Technical Commission are appointed by decree of the President of the Council of Ministers, to be adopted within sixty days from the entry into force of this article, after consulting the Minister for the environment and for the protection of the territory and the sea. The members nominated in the PNRR Technical Commission cannot be part of the Technical Commissions referred to in paragraphs 1 and 2-bis of article 8 of the legislative decree 3 April 2006, n. 152. Respect for gender balance is guaranteed in the appointment of members. The members of the PNRR Technical Commission remain in office for the entire duration of the Plan. The members of the Commission are entitled to an indemnity defined with the same appointment decree, exclusively on the basis of the investigative tasks actually performed and payable only following the adoption of the related final environmental impact assessment measure.

10. Articles 1, 2 (paragraph 2), 4, 5, 6 and 21 of the decree-law of 16 July 2020, n. 10, also apply, insofar as they are compatible, for the entire duration of the plan. 76, converted, with amendments, by law 11 September 2020, n. 120, as well as, in the event of an appeal against the related acts and provisions, article 125 of the Italian Penal Code

AMENDMENTS TO ARTICLE 184 DDL FINANCIAL STATEMENTS, TO LINK THEM WITH THE INTERVENTION [TEXT RGS]

To Article 184 make the following changes:

After paragraph 4 insert the following:

4-bis. In order to ensure compliance with the programmatic objectives of public finance and public debt sustainability referred to in Article 7 of Law 24 December 2012. No. 243, also related to the implementation of the mechanism for the recovery and resilience of the Union European Union, the State General Accounting Office carries out the activity of monitoring and verifying the quantification of the charges and the relative means of financial coverage pursuant to article 17 of the law of 31 December 2009, n. 196;

Paragraph 8 is replaced by the following:

8. By decree of the President of the Council of Ministers, on the proposal of the Minister of Economy and Finance, after consulting the National Anti-Corruption Authority, to be adopted within sixty days from the date of entry into force of this law, the methods of support are defined IT to the management of the interventions as well as the collection of financial, physical and procedural implementation data relating to each project, providing for integration with the National Database of Public Contracts referred to in Article 62-bis of the Legislative Decree of 7 March 2005 , no. 82 in order to ensure the principle of uniqueness of sending pursuant to art. 3 lett. ggggg-bis) of the legislative decree 18 April 2016, n. 50 .. All the information contained in the platform is made available in an editable format, with particular reference to programmed costs,

the objectives pursued, the expenditure incurred, the repercussions on the territories that benefit from them, the implementing subjects, the expected and actual implementation times, the output and result indicators, as well as any other element useful for the analysis and evaluation of interventions. The same decree referred to in this paragraph also establishes procedures and methods for collecting data relating to the reform processes as well as to the programs and projects already financed under current legislation included in the National Recovery and Resilience Plan referred to … [paragraph 1 of the law governance]

Paragraph 10 is replaced by the following:

10. In order to ensure, in financial management, compliance with the European principles of traceability of the accounting operations relating to the implementation of the Next Generation EU program and the projects financed, also for any subsequent checks that are the responsibility of the European Union institutions, financial resources entered in the Fund referred to in paragraph 1 relating to the recovery and resilience mechanism of the European Union are used after the approval of the National Recovery and Resilience Plan to finance the projects envisaged by the same Plan and maintain, as a destination constraint, the implementation of the interventions up to the entire duration of the same Plan. The projects must be prepared in accordance with the provisions of the relevant European legislation and in any case accompanied by precise indications on the intermediate and final objectives to be achieved, verifiable by means of specific quantitative indicators.

This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/economia/come-sara-la-struttura-ad-hoc-per-il-recovery-fund-bozza-decreto-pnrr/ on Tue, 08 Dec 2020 19:24:12 +0000.