Art. 146. Qualification

1. In conformity with what is provided by Articles 9-bis and 29 of Legislative Decree No. 42 of 22 January 2004, for the works set forth in this Chapter specific and suitable qualification is required to ensure the protection of the assets that are the object of such intervention.

2. The works set forth in this Chapter may to be used, with respect to qualification, exclusively by the operator who effectively performed them. Their use, as a technical requirement, is not conditioned on criteria of time validity.

3. In view of the specific nature of the sector in accordance with Article 36 of the Treaty on the Functioning of the European Union, pooling, provided by Article 89 of the Code, shall not apply to the contracts set forth in this Chapter.

4. A Decree of the Minister of Culture and Tourism, together with the Minister of Infrastructures and Transportation, to be issued within six months from the date of entry into force of this Code, shall establish the qualification requirements for technical directors and whoever performs the work and the control procedures for purposes of certification. The technical director of the economic operator entrusted with the works set forth in Article 147, paragraph 2, second clause, must nevertheless hold the qualification as a restorer of cultural assets in accordance with current law. Article 216, paragraph 19 shall apply through the date the Decree set forth in this paragraph enters into force. Ministerial Decree No. 154 of 22 August 2017 was published in the Official Bulletin No. 252 of 27 October 2017