Art. 202. Financing and reprogramming of resources for priority infrastructures

1. To improve the capacity of programming and reprogramming spending for the realization of infrastructures of preeminent national interest, consistently with Article 10, paragraphs 2 and 4, of Legislative Decree No. 229 of 29 December 2011, the following shall be created in the budget of the Ministry of Infrastructures and Transportation:

a) a Fund for the feasibility design of infrastructures and priority settlements for the development of Italy, as well as for the project review of the infrastructures already financed;

b) a Fund to be allocated for the realization of the infrastructures and priority settlements for the development of Italy.

2. The funds set forth in paragraph 1 can provide for compensatory changes by decrees of the Minister of the Economy and Finance, upon a proposal of the Minister of Infrastructures and Transportation.

3. At the time of their initial implementation, the Funds set forth in paragraph 1, clauses a) and b) shall receive the available resources set forth in Article 32, paragraphs 1 and 6, of Law Decree No. 98 of 6 July 2011, converted with modifications in Law No. 111 of 15 July 2011, set forth in Article 18, paragraph 1, of Law Decree No. 69 of 21 June 2013, converted with modifications in Law No. 98 of 9 August 2013, as well as the available resources recorded among capital in the budget of the Ministry of Infrastructures and Transportation called "Fund to be allocated for the design and realization of strategic works of preeminent national interest as well as for works for the collection and conveyance of water resources". The determination of the resources assigned to the funds set forth in paragraph 1 shall be established by one or more decrees of the Minister of Infrastructures and Transportation together with the Minister of the Economy and Finance, upon an opinion of CIPE.

4. One or more decrees of the Minister of Infrastructures and Transportation shall establish:

a) the procedures for receiving financing for the feasibility study;

b) the allocation of the resources of the Design Fund set forth in paragraph 1, clause a) to the various projects, as well as the procedures for revocation.

5. By one or more decrees of the Minister of Infrastructures and Transportation, together with the Minister of the Economy and Finance, the resources of the Fund shall be transferred for the realization of the infrastructures set forth in paragraph 1, clause b), allocated by CIPE to the various interventions upon a proposal of the Minister of Infrastructures and Transportation, together with the Ministry of the Economy and Finance.

6. For purposes of reprogramming the allocation of resources, to be done by one or more resolutions of CIPE, upon a proposal of the Minister of Infrastructures and Transportation together with the Minister of the Economy and Finance, on the basis of criteria established in the Multiannual Planning Document provided by Article 2 of Legislative Decree No. 228 of 29 December 2011 and subsequent modifications, as well as due to the effect of the project review, the loans to be revoked shall be identified, whose allocations are recorded in the budget of the Ministry of Infrastructures and Transportation for the works of preeminent national interest set forth in Law No. 442 of 21 December 2001, including the "Fund to be allocated for the design and realization of strategic works of preeminent national interest as well as works for the collection and conveyance of water resources". The annual share of the limits on use and the contributions that are revoked shall flow to the Fund set forth in paragraph 1, clause b) for subsequent reallocation by CIPE, upon a proposal of the Minister of Infrastructures and Transportation.

7. The amounts related to loans that are revoked in accordance with this Article recorded in the residuals account shall be paid to the revenue side of the State budget, and then reallocated, compatibly with the stability of the public finance, to the Fund set forth in paragraph 1, clause b).

8. The provisions set forth in this Article shall not apply to write-offs.

9. The Minister of the Economy and Finance is authorized to make, by means of its own decrees, the necessary variations to the budget in terms of residuals, accruals and cash in order to implement this Article.