Art. 201. Planning and programming instruments

1. For purposes of identifying the infrastructures and priority settlements for the development of Italy, the following general planning and programming instruments shall be used:

a) general transportation and logistics plan;

b) multiannual planning document, set forth in Article 2, paragraph 1, of Legislative Decree No. 228 of 29 December 2011.

2. The general transportation and logistics plan (PGTL) contains the strategic guidelines for the policies on the mobility of persons and goods as well as the infrastructure development of Italy. The plan shall be adopted every three years, upon a proposal of the Minister of Infrastructures and Transportation, by Decree of the President of the Republic, after a resolution of CIPE, and after obtaining the opinion of the Unified Conference and having heard the competent Parliamentary Commissions.

3. The Multiannual Planning Document DPP) set forth in Legislative Decree No. 228 of 29 December 2011, for which the Ministry of Infrastructures and Transportation is responsible, in addition to what is established by paragraph 2 of Article 2 of Legislative Decree No. 228 of 2011, shall contain the list of the infrastructures and priority settlements for the development of Italy, including interventions related to the transportation and logistics sector whose feasibility plan is considered to be worthy of financing, to be realized consistently with the PGTL. The DPP shall take into account the working plans for each national thematic area established by the Steering Committee set forth in Article 1, paragraph 703, clause c), of Law No. 190 of 23 December 2014.

4. The DPP shall be prepared in accordance with Article 10, paragraph 8, of Law No. 196 of 31 December 2009, and shall be approved in accordance with the procedures and in compliance with the timeframe set forth in Article 2, paragraphs 5 and 6, of Legislative Decree No. 228 of 2011, having heard the Unified Conference set forth in Article 8 of Legislative Decree No. 281 of 28 August 1997, and the competent Parliamentary Commissions.

5. The Regions, Autonomous Provinces, Metropolitan Cities and the other competent entities shall send the Ministry of Infrastructures and Transportation proposals for infrastructures and priority settlements for the development of Italy for purposes of inclusion in the DPP, giving priority to the completion of unfinished works, including the feasibility study, prepared in accordance with what is provided by the Decree set forth in Article 23, paragraph 3, and accompanied by the documentation indicated in the guidelines set forth in Article 8 of Legislative Decree No. 228 of 2011. The Ministry, after controlling the grounds of the prior assessment of the intervention made by the proponent, the overall consistency of the proposed intervention as well as its functionality, including with respect to achievement of the objectives indicated in the PGTL, and if it deems it priority, can insert it in the DPP.

6. The Ministry of Infrastructures and Transportation shall prepare a detailed annual report on the progress of the interventions included in the DPP; the report shall be annexed to the Economic and Financial Document. For such purpose, the contracting authority, within thirty days after the approval of the final project, shall send the Ministry of Infrastructures and Transportation a summary statement conforming to the model approved by such Ministry by a specific Decree containing the highlights of the project and, in particular, the costs, timeframe, and technical performance characteristics of the work, as well as any variations made with respect to the feasibility study.

7. The initial DPP to be approved, within one year from the entry into force of this Code, shall contain the list of the infrastructures and priority settlements set forth in paragraph 3 and shall be prepared in derogation from the procedures set forth in paragraph 5. Notwithstanding what is provided by Article 200, paragraph 3, during the approval process of the PGTL in accordance with paragraph 1, the initial DPP shall contain the strategic guidelines and orientation for the transportation and infrastructures sector as well as a list of the interventions of the initial DPP that are consistent with them.

8. paragraph repealed by legislative decree no. 56/2017 in force from 20-5-2017

9. Until approval of the initial DPP, the planning and programming instruments and plans, regardless of what they are named, that have already approved in accordance with applicable procedures as of the date of entry into force of this Code, or in relation to which a commitment has been made with the competent bodies of the European Union, shall be considered to be investment programs for infrastructures and transportation.

10. At the time of preparation of the DPP following the initial DPP, a revision shall also be made of the interventions inserted in the prior DPP, in such a way as to avoid any overlapping between the programming instruments. The Minister of Infrastructures and Transportation shall evaluate the reinsertion of each individual intervention in every DPP, including in relation to the permanence of the public interest in its realization, as well as through the assessment of financial- economic feasibility and considering binding legal obligations. Specifically, for such purpose it shall consider the works whose realization has not initiated, with reference to a significant part, or for which the cost of the intervention indicated in the executive project is greater by more than twenty percent than its cost indicated in the feasibility study. The Minister of Infrastructures and Transportation can propose including or excluding work from such Programming Document even beyond the timeframe for the periodic approval of the DPP set forth in paragraph 2 of Article 2 of Legislative Decree No. 228 of 2011, by means of the procedure provided for each approval, if there are exceptional or nevertheless unforeseeable factors or factors that could not be anticipated when the DPP was prepared that render such work necessary.