Decree 28 May 2010, No 85
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Decree 28 May 2010, No 85 - No OJ 134 11/06/2010
Decree 28 May 2010, No 85Attribuzione to municipalities, provinces, cities' metropolitan regions and their own assets, pursuant to Article 19 of Law May 5, 2009, No 42. (OJ No 134, 6/11/2010) Text in force from 26/06/2010
THE PRESIDENT OF THE REPUBLIC
Having regard to Articles 76, 87, fifth paragraph, 117 and 119 of the Constitution , May 5, 2009 According to law, No 42, delegating the Government on fiscal federalism, in implementation of Article 119 of the Constitution, and in particular Article 19, relating to the assets of municipalities, provinces, cities' urban areas and regions; Given the preliminary resolution of the Council of Ministers, adopted at its meeting on 17 December 2009; Given the failure to achieve the cartel in the Conference Unified under Article 3 of Legislative Decree 28 August 1997, No 281; Given the favorable opinion of the State-city 'and local governments, expressed in Article 9, paragraph 6, letter c) of Legislative Decree 28 August 1997, No 281, at its meeting on 4 March 2010, the text agreed in the same session; Given the decision of the Council of Ministers, adopted at its meeting on March 12, 2010, approval of report pursuant to Article 2, paragraph 3, third and fourth period, the Law of 5 May 2009, No 42 Given the report of the Parliamentary Commission for the implementation of fiscal federalism in Article 3 of Law May 5, 2009, No 42, and the opinions of the parliamentary committees responsible for the financial implications of the Chamber of Deputies and the Senate; Given the decision of the Council of Ministers, adopted at its meeting on May 20, 2010, On the proposal of the Minister of Economy and Finance , the Minister for Reforms to federalism, the Minister for the simplification of legislation, the Minister for Relations with the Regions and the Minister for European policies, in consultation with the Minister of Interior and the Minister for Public Administration and Innovation;
issued the following legislative decree:
Article 1 Subject 1. In compliance with the Constitution with the provisions of this Decree and with one or more 'decrees of the President of the Council of Ministers have identified the state assets that can be attributed at no charge to municipalities, provinces, cities' and urban regions.
2. The local authorities which are attributed to the property are required to ensure maximum value functional.
Article 2 Parameters for the assets as assigning
1. The state, by agreement concluded in Unified Conference, identifies the goods to be given at no charge to: municipalities, provinces, cities 'urban areas and regions, according to criteria of territoriality,' subsidiarity ', adequacy, simplicity, capacity' financial relationship with powers and functions, as well as 'enhancement of the environment, according to the provisions of Article 3
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2. Local authorities in a state of insolvency within the meaning of Article 244 of the consolidated laws on local government, referred to Legislative Decree 18 August 2000, No 267, continues until a state of collapse, can not dispose of the assets allocated to them, which can be used only for purpose 'of an institutional nature.
3. Applying the principle of subsidiarity ', if required under Article 3, where an asset is not attributed to a territorial entity within a given level of government, the State, based on advanced applications, the assignment of the same well a local authority of a different level of government.
4. The local authority, following the transfer of the property has the benefit of the community 'and represented and' held to promote the maximum functional value of the property attributed to direct or indirect benefit of that collectivity 'territorial represented. Each institution provides the information of the community 'about the process of development, including through disclosure on their institutional website. Each institution can 'hold popular forms of consultation, including in electronic form, according to the rules of the respective statutes.
5. The state-owned assets are allocated, at no charge to municipalities, provinces, cities' and metropolitan regions, even in undivided shares, based on the following criteria: a) Subsidiarity ', adequacy and territoriality'. In applying those criteria, the assets are allocated, considering their local roots, the municipalities, except for the entities' or type of each item or group of assets, the need for unifying require the allocation to provinces, Cities' metropolitan regions or what levels of government most suitable to meet protection requirements, management and development taking into account the relationship that must exist among the transferred assets and functions of each institutional level, b) simplification. Under that policy, the assets may be used by the Regions and local authorities in the processes of alienation and disposal in accordance with the procedures laid down in Article 58 of Decree-Law of 25 June 2008, n. 112, ratified with amendments by Law 6 August 2008, No 133. To this end, to ensure maximum exploitation of the transferred assets, the decision by the territorial planning approval and use and disposal of 'Conference sent to a special service, which operates in accordance with Articles 14, 14 - a, b and 14-14-c the Law of 7 August 1990 241, as amended, involving the City, the Province and the City 'Metro and the region concerned, time to acquire the permissions, consents and approvals required for any name change in urban destination. They are subject to the procedures and decisions taken by bodies established by federal, in the manner 'therein. The final determination of the Conference of services is one measure of approval of modifications to the general urban planning tool, and sets the limits and constraints, c) ability 'financial eligibility seen as' financial information needed to meet the needs of protection, management evalorizzazione property; d) correlation with powers and functions, designed as a connection between the powers and functions actually performed or exercised by the body which 'attributed the good and the needs of protection, management and exploitation of that asset; e) enhancement of the environment. Under that policy the promotion of good and 'made having regard to the physical, morphological, environmental, landscape, cultural and social rights of the transferred assets in order to ensure the development of the territory and the preservation of environmental values.
Article 3 allocation and transfer of assets
1. Without prejudice to the administrative functions already 'awarded to local authorities according to existing rules with one or more 'decrees of the President of the Council of Ministers, upon proposal of the Minister of Economy and Finance, in consultation with the Minister for reforms for federalism, with the Minister for Relations with the Regions and other Ministers relevant to the subject, adopted within one hundred eighty days from the date of entry into force of this Legislative Decree: a) are transferred to the Regions, together with the appliances, the property of the maritime domain in Article 5, paragraph 1, letter a) and the assets of the public water referred to in Article 5, paragraph 1, letter b), except as provided by the letter b) of this subparagraph b) shall be transferred to the provinces, together with the appliances, the assets of a public water Article 5, paragraph 1, letter b), limited to closed lakes with no outlet to the area and insist on the territory of one province, and the mines referred to in Article 5, paragraph 1, letter d), which include oil and gas and related appliances as well as' sites of storage of natural gas and related appliances.
2. A portion of revenue from royalties derived from the use of public water transferred pursuant to subparagraph a) of paragraph 1, taking into account the 'water that insist on the territory of the Province and the administrative functions exercised by it, and' intended to each region to the provinces on the basis of an agreement concluded between the Region and the individual provinces insist on whose territory the same assets of public water. After one year from the date of entry into force of this decree without the said agreement has been concluded, the Government shall determine, taking into account the same criteria, the amount to be allocated to individual provinces, through the exercise of power referred to replacement ' Article 8 of Law June 5, 2003, No 131.
3. Except as provided in paragraphs 1 and 2, the property is identified for allocation to one or more 'entities belonging to one or more' levels of territorial government through the inclusion in the lists contained in one or more 'decrees of the President Council of Ministers adopted within one hundred eighty days from the date of entry into force of this Decree, subject to agreement enshrined in the Joint Conference pursuant to Article 3 of Legislative Decree 28 August 1997, No 281, proposed by the Minister of Economy and Finance, in consultation with the Minister for reforms for federalism, with the Minister for Relations with the Regions and the other Ministers responsible for matters on the basis of the provisions of Articles 1 and 2 of this decree. Assets can be identified individually or in groups. The lists are accompanied by appropriate elements of information, also concerning the legal status, texture, value of the property, to the corresponding revenue and related costs and take effect from the date of publication dei decreti del Presidente del Consiglio dei Ministri nella Gazzetta Ufficiale.
4. Sulla base dei decreti del Presidente del Consiglio dei Ministri di cui al comma 3, le Regioni e gli enti locali che intendono acquisire i beni contenuti negli elenchi di cui al comma 3 presentano, entro il termine perentorio di sessanta giorni dalla data di pubblicazione nella Gazzetta Ufficiale dei citati decreti, un'apposita domanda di attribuzione all'Agenzia del demanio. Le specifiche finalita' e modalita' di utilizzazione del bene, la relativa tempistica ed economicita' nonche' la destinazione del bene medesimo sono contenute in una relazione allegata alla domanda, sottoscritta dal rappresentante legale dell'ente. Per i beni che negli elenchi di cui al comma 3 sono groups identified in the application for assignment must cover all property included in each group and the report shall indicate the purpose 'and mode' prevalent use. On the basis of allocation requests received and 'take within the next sixty days, on a proposal from the Minister of Economy and Finance, after hearing the regions and local authorities concerned, a further decree of the President of the Council of Ministers, concerning the' allocation of goods, which affects the date of publication in the Official Gazette and which shall be for the transcription and the cadastral registration of property in favor of each region or local authority.
5.If \u200b\u200bthe local authority is not using the good in accordance with the purpose 'and the times indicated in the report referred to in paragraph 4, the Government shall exercise substitute for in Article 8 of Law June 5, 2003, No 131, in order to ensure the best use of the property, including through the bound contribution to the assets referred to in paragraph 6.
6. The goods for which it is not 'filing the application referred to in paragraph 4 of this Article or paragraph 3 of Article 2, join, according to a decree of the President of the Council of Ministers adopted the procedure referred to in paragraph 3, tied assets entrusted to the State Property Agency or the administration that its management, which provides for the use and disposal of such assets, in agreement with the regions and local authorities concerned on the basis of specific agreements or memoranda of understanding program. Thirty-six months elapsed from the date of publication in the Official Gazette of the decree of inclusion in the tied assets, goods for which there has 'proceeded to the signing of framework agreements or Memoranda of Understanding are in full availability' of the state and can be however, attributed the decrees referred to in Article 7.
Section 4 Status of goods
1. The property, transferred with all the appliances, accessories, specifications and weights, except as provided by Article 111 of the Code of Civil Procedure, they become part of the available assets of the municipalities, provinces, Cities 'metropolitan and regional, with the exception of those in the maritime domain, water and airports, which remain under the regime established by the Civil Code, as well as' the framework for the protection and preservation dictated by that code, by the Navigation Code, the regional and state laws and the Community rules for the sector, with particular reference to those of protection of competition. That met the conditions, the decree of the President of the Council of Ministers for the allocation of state property other than those in the maritime domain, water and airport can 'have justifiably maintain fixed assets in the same state property or the inclusion in the heritage unavailable. For goods that are transferred under the regime of state property under this article, the possible transition to the capital and 'declared by the State under Article 829, first paragraph, the Civil Code. On such property can not consist of surface rights.
2. The transfer of assets effective from the date of publication in the Official Journal of the decrees of the President of the Council of Ministers under Article 3, paragraphs 1 and 4, the fourth quarter. The transfer takes place in the state of fact and law in which the assets are located, with the simultaneous release of each region and local authority in the legal possession and taking over all assets and liabilities related to assets transferred, subject to the limits resulting from historical, artistic and environmental issues.
3. The property transferred pursuant to this decree that become part of the capital stock of Municipalities, Provinces, Cities' metropolitan regions and may be alienated only with the promotion through the procedures for the adoption of changes in the actual planning instrument, and following a certificate of appropriateness' issued within thirty days of the request by the Agency or the State Property Agency of the territory, in accordance with their skills.
Article 5 Types of goods
1. The state-owned real estate and movable property, if any state in which they are or furniture that are placed at their service, at no charge, shall be transferred pursuant to Article 3 to municipalities, provinces, cities' metropolitan regions and are as follows: a) the property belonging to the maritime domain and related works, such as defined in Article 822 of the Civil Code and Article 28 of the Navigation Code, excluding those directly used by central governments, b) the property belonging to public water and related works, as well as' water supply works and reclamation of competence state, as defined in Articles 822, 942, 945, 946 and 947 of the Civil Code and special laws for the sector, excluding: 1) the rivers of supra-regional context, and 2) supra-Lakes area for whom does not react to an agreement between the regions concerned, subject to any discipline, however, the class c) the airports at regional or local civil aircraft belonging to the state-owned property and its appliances, other than those of national interest so 'as defined in Article 698 of the navigation code, d) mines and related appurtenances located on the mainland, and) the other property of the state, except those excluded from the transfer.
2. Except as provided in subsection 4, shall in any event excluded from the movement: properties in proven and effective use for purpose 'to the institutional authorities of the State, including an autonomous to recipients of public property of the state government use and to the agencies referred to in Legislative Decree 30 July 1999, No 300, as amended, ports and airports in economic importance nationally and internationally, in accordance with the regulations for the sector, the cultural treasures, except as provided by law and by paragraph 7 of this Article, the goods covered by agreements or arrangements with local authorities or to rationalize the exploitation of their estates entered the date of entry into force of this Decree and networks at the state, including the road and energy, railroads in the use of property 'state , shall also be 'excluded from transfer referred to in this decree, the national parks and state nature reserves. Real property used for purposes 'institutions are included in the lists of goods excluded from the transfer on the basis of economy' and practical care of public interests pursued.
3. The central governments and other entities referred to in paragraph 2 shall, so adequate reasons, in accordance with that paragraph 2, of the Agency-owned property within ninety days from the date of entry into force of this Decree lists of immovable property referred to require exclusion. The State Property Office may 'seek clarification as to the reasons provided, also with a view to reducing burdens on leases payable dependent on the state budget. Within this period also the State Property Office shall keep a list in the first period. Within the next forty five days, after consultation with the Joint Conference, to be expressed within a period of thirty days, by order of the Director of the complete list of goods excluded from the transfer and 'drawn up and is' made public, for information purposes, stating the reasons received, the website of the Agency. By the same process, except that the list can 'be expanded, or modified.
4. Within one year from the date of entry into force of this decree by the President of the Council of Ministers, upon proposal of the Minister of Defence, of consultation with the Minister of Economy and Finance and the Minister for Reforms to federalism, in agreement enshrined in the Joint Conference pursuant to Article 3 of Legislative Decree 28 August 1997, No 281, are identified and assigned the property still in use at the Ministry of Defence which may be transferred pursuant to paragraph 1, because not included in those used for the functions of defense and national security, not subject to the procedures laid down ' Article 14-bis of Decree-Law of 25 June 2008, n. 112, ratified with amendments by Law 6 August 2008, No 133, referred to in Article 2, paragraph 628, of Law December 24, 2007, No 244 of Law December 23, 2009, No 191, as well as' not programs for carrying out the reorganization of the military aimed at the effective and efficient exercise of those functions through the specific means approved by the Ministry of Defence regulations.
5. In the first application of this decree, under specific agreements for the use and the resulting strategic plans and programs of cultural development, as defined and the contents of Article 112, paragraph 4, of goods cultural and landscape, referred to Legislative Decree 22 January 2004, No 42, as amended, the State shall, within one year from the date of entry into force of this decree, the transfer to Regions and other local authorities, under Article 54, paragraph 3 of that code, goods and things referred to in those agreements for development.
6. In the City 'offices and ports of national importance can be transferred by the Agency-owned property to the City of areas already' including in ports and no more 'functional to' port and capable of public programs of urban renewal, with the approval of the Authority ' port, if established, or the competent authorities' sea.
7. They are in any case be excluded from the goods referred to in paragraph 1, the assets constituting the endowment of the Presidency of the Republic, as well as' property used in any way to the Senate, the House of Deputies, the Constitutional Court, as well as' bodies of constitutional importance.
Article 6 Valuation of assets through mutual funds real estate
1. In order to promote maximum utilization of assets and the ability to promote 'financial local authorities, including those implementing the policy set out in Article 2, paragraph 5, letter c) of the property transferred to local authorities may, after exploitation, through the procedures for approving changes in the actual planning instrument referred to in Article 2, paragraph 5, letter b), be conferred on one or more 'real estate investment trusts established under Article 37 of Legislative Decree February 24, 1998, No 58, as amended, or pursuant to Article 14-bis of Law January 25, 1994, No 86. Each item and 'given, after its enhancement through the procedures for approving changes in the actual planning instrument, worth the fairness of which' is attested, within thirty days of the request by the Agency of Agency-owned property or land in accordance with their skills.
2. The Deposits and Loans Fund, as listed in 'in Article 3, paragraph 4-bis of Decree-Law of 10 February 2009, n. 5, with amendments, into law April 9, 2009, No 33, can 'participate in the funds referred to in paragraph 1.
3. The contributions of real estate funds made pursuant to this Order shall apply in all cases, the facilities referred to in paragraphs 10 and 11 of Article 14-bis of Law January 25, 1994, No 86.
Article 7 decrees biennial award
1. With effect from 1 January of the second year following the date of entry into force of this Decree, with one or more 'decrees of the President of the Council of Ministers, adopted every two years on the proposal of Minister of Economy and Finance, consultation with the Minister for reforms for federalism, with the Minister for Relations with the Regions and the other Ministers responsible for matters at the request of regional and local authorities on under the provisions of Articles 1, 2, 4 and 5 of this Decree, may be given additional assets may become available for further transfers.
2. The local authorities concerned can identify and request additional assets not included in previous decrees it 'in the previous action of the Director of the Property. Such assets are transferred by the President of the Council of Ministers adopted pursuant to paragraph 1. Such requests and 'with a report stating the benefits to government from a different functional use of goods or a better value in their local office.
Optimum use Section 8 of public goods by local authorities
1. The local authorities in order to ensure the best use of public property for the discharge of public functions assigned primary, they can consult with each other and with peripheral administrations of the State, including special purpose conferences convened by the President to coordinate services the Regional Council or his delegate. The results of the consultations are submitted to the Ministry of Economy and Finance to better prepare future proposals within its competence and can be called in support of demands made by each institution.
Article 9 Final provisions 1. All documents, contracts, formality 'and other implications for the implementation of this Decree shall be exempt from all rights and duties.
2. With one or more 'decrees of the President of the Council of Ministers, upon proposal of the Minister of Economy and Finance, in consultation with the Minister, the Minister for the simplification of legislation, the Minister for reforms for federalism and the Minister for relations with the regions, in agreement enshrined in the Joint Conference pursuant to Article 3 of Legislative Decree 28 August 1997, No 281, are determined mode ', to reduce, from the first financial year following the date of transfer, the resources of any kind belonging to the Regions and local authorities together and to an extent equal to the reduction of tax revenues resulting from the adoption of the decrees of the President of the Council of Ministers referred to in Articles 3 and 7.
3. Participation in the expenditure relating to property transferred pursuant to the provisions of this Decree shall not apply with respect to the constraints of the Stability Pact 'internal, to an amount equal to the costs already' incurred by the State for the management and maintenance of assets transferred . This amount and 'determined by the criteria and in the manner' identified by the President of the Council of Ministers, upon proposal of the Minister of Economy and Finance, to be adopted within sixty days from the date of entry into force of this decree. The Minister of Economy and Finance and 'authorized to make the necessary budgetary changes for the reduction of allocations of expenditure involved.
4. By decree of President of the Council of Ministers, adopted on the proposal of the Minister of Finance, in relation to transfers of property under this decree, and 'to ensure coherence between the reorganization and reallocation of functions and allocation of human and financial resources, with the proviso that the transfer function corresponds to a transfer of staff to avoid any duplication of functions.
5. The resulting net resources to each region and local authority in any future alienation of properties of available assets assigned to them under this decree as well as' those arising from the eventual sale of shares in real estate funds, where those goods have been delivered by the territorial are acquired for an amount equal to seventy-five percent of them. The above resources are devoted to reducing the debt of the institution, and only in the absence of the debt or any portion but not for the excess at the expense of investment. The remaining share of the twenty-five per cent and 'intended to fund for the redemption of bonds. By decree of the Prime Minister and adopted within sixty days from the date of entry into force of this Decree, upon proposal of the Minister and Finance, in consultation with the Minister, the Minister for Relations with the Regions and the Minister for reforms for federalism, lays down the detailed 'implementation of this paragraph. Each region or local authority can 'make sale of real estate assigned under this Decree after confirmation of the adequacy' of the value of the property by the State Property Agency or of the land in accordance with their skills. The certificate and 'made within thirty days of the request.
6. Implementation of this Decree and 'still ensure compliance with the provisions of Article 28 of Law May 5, 2009, No 42. This decree, bearing the seal of the State, shall be 'included in the official collection of normative acts of the Italian Republic. E 'is mandatory for all to observe and enforce them. Given in Rome, goodbye 'May 28, 2010 NAPOLITANO Berlusconi, Prime Minister Giulio Tremonti, Minister of Economy and Finance Bossi, minister for reforms for federalism Calderoli, Minister for Regulatory Simplification Lease, Minister for Relations with regions Ronchi, Minister for European Policy Maroni, Minister Brunetta, Minister for Public Administration and Innovation Seen,: Alfano
