Art. 216. Transitional provisions and coordination

1. Except as provided for in this article or in the individual provisions of this code, the same applies to the procedures and contracts for which notices or notices indicating the procedure for the selection of the contractor are published after the date of its entry into force and, in the case of contracts without publication of notices or notices, to the procedures and contracts in relation to which, on the date of entry into force of this code, the invitations to submit offers have not yet been sent .

1-bis. For the interventions included among the strategic infrastructures referred to in the regulations provided for by article 163 and following of the legislative decree 12 April 2006, n. 163, already included in the approved planning tools and for which the environmental impact assessment procedure has already been started on the date of entry into force of this code, the related projects are approved according to the previous legislation. Without prejudice to the provisions of paragraph 4-bis, the provisions of paragraph 1 apply to tender procedures. paragraph introduced by legislative decree no. 56/2017 in force from 20-5-2017

2. Until the General Plan of Transport and Logistics (PGTL) has been approved, the general framework of transport infrastructure planning approved by the Council of Ministers will be applied on 13 November 2015 and subjected to environmental and strategic evaluation.

3. Until the date of entry into force of the decree referred to in Article 21, paragraph 8, the planning documents already adopted and effective shall be applied, within which the contracting authorities shall identify an order of priority of the interventions, taking anyway account of the works necessary for the completion of the works that have not been completed and already started on the basis of the previous three-year planning, the already approved executive projects and the maintenance and recovery of the existing assets, as well as the interventions likely to be realized through concession or partnership contracts private public. The contracting authorities proceed in the same way for the new programs that are necessary before the adoption of the decree.

4. Until the date of entry into force of the decree referred to in Article 23, paragraph 3, the provisions of Part II, Title II, Chapter I (Articles 14 to 43: contents of design) shall continue to apply, as well as the attachments or parts of annexes referred to in the Decree of the President of the Republic October 5, 2010, n. 207. Until the adoption of the tables referred to in Article 23, paragraph 16, the provisions of the ministerial decrees already issued on the subject continue to apply. Until the date of entry into force of the decree referred to in Article 23, paragraph 3-bis, ordinary maintenance work contracts may be entrusted, in compliance with the procedures for the selection of the contractor provided for in this code, on the basis of the final design consisting of at least one general report, the list of unit prices of the planned work, the metric- estimate calculation, the safety and coordination plan with the analytical identification of the safety costs not to be reduced. Until the date of entry into force of the same decree, the execution of the works can be separated from the drafting and approval of the executive project, in the case of maintenance work, with the exception of maintenance interventions that involve the renewal or replacement of structural parts of the works. The preparation of the security and coordination plan remains the same with the analytical identification of the costs of security not subject to downward pressure.

4-bis. The prohibition referred to in article 59, paragraph 1, fourth sentence, does not apply to works whose final projects are approved by the competent body at the date of entry into force of this code with publication of the call within twelve months from the date of entry into force of this provision. paragraph introduced by legislative decree no. 56/2017 in force from 20-5-2017

5. Until the date of entry into force of the decree provided for in Article 24, paragraph 2, the provisions of articles 254, 255 and 256 of the Presidential Decree of 5 October 2010, n. 207.

6. paragraph that has lost its effectiveness, see now the decree of the Ministry of Justice 17 June 2016 published on the G.U. No. 174 of 27 July 2016

7. Until the date of entry into force of the decree foreseen by article 25, paragraph 2, the list of university archaeological institutes and of the subjects possessing the necessary qualification remains valid and the criteria for its keeping adopted with ministerial decree March 20, 2009, n. 60, published in the Official Gazette June 15, 2009, n. 136.

8. paragraph that has lost its effectiveness, see now the ANAC Guidelines No. 3

9. paragraph that has lost effectiveness, see now the ANAC Guidelines No. 4

10. Until the date of entry into force of the qualifying system of the contracting authorities referred to in Article 38, the qualification requirements are met by registration in the registry office referred to in Article 33-ter of the Decree-Law 18 October 2012, n. 179, converted, with modifications, from the law 17 December 2012, n. 221.

11. Until the date indicated in the decree referred to in Article 73, paragraph 4, notices and notices must also be published in the Official Journal of the Italian Republic, special series relating to contracts. Until the same date, the expenses for publication in the Official Journal of notices and calls for tenders are reimbursed to the contracting authority by the contractor within the period of 60 days from the award and the legal effects referred to in paragraph 5 of the aforementioned Article 73 continue to run from the publication in the Official Journal. Until the date of entry into force of the decree referred to in Article 73, paragraph 4, the regime referred to in Article 66, paragraph 7 of Legislative Decree 12 April 2006, n. 163, in the text applicable up to the aforementioned date, pursuant to Article 26 of the Decree-Law of 24 April 2014, n. 66, as amended by Article 7, paragraph 7, of the Decree-Law of 30 December 2015, n. 210 converted, with amendments, by law February 25, 2016, n. 21. paragraph as amended by Decree-Law No. 244/2016

12. Until the adoption of the regulations concerning the registration in the Register referred to in Article 78, the committee continues to be appointed by the body of the contracting authority competent to make the choice of the subject entrusted with the contract, according to rules of competence and transparency previously identified by each contracting authority. Up to the full interaction of the Register referred to in Article 78 with the databases set up in the administrations holding the information concerning the requirements of the commissioners, the contracting authorities shall verify, even by sample, the self-declarations presented by the commissioners drawn on the existence of requirements of the same commissioners. Failure to meet the requirements or the declaration of incompatibility of candidates must be promptly communicated by the contracting authority to the ANAC for the purpose of the eventual cancellation of the expert from the Register and the communication of a new expert.

13. Until the adoption of the decree referred to in Article 81, paragraph 2, the contracting authorities and the economic operators use the AVCPass database set up at the ANAC. “AVCPass” = Authority Virtual Company Passport

14. Until the adoption of the indicated guidelines to Article 83, paragraph 2, the provisions of Part II, Title III shall continue to be applicable, as compatible. 60 to 96: company qualification system), as well as the annexes and the parts of the annexes referred to therein, of the Decree of the President of the Republic October 5, 2010, n. 207.

15. Until the date of entry into force of the decree referred to in Article 89, paragraph 11, the provisions of Article 12 of the Decree-Law of 28 March 2014, no. 47, converted, with amendments, by the law of 23 May 2014, n. 80. paragraph that has become effective since January 19, 2017, see now the ministerial decree November 10, 2016, No. 248 published in G.U. No. 3 of January 4, 2017

16. Until the date of entry into force of the ministerial decree provided for in article 102, paragraph 8, the provisions of Part II, Title X (articles 215 to 238: testing), as well as the annexes or parts of annexes referred to therein, of the Decree of the President of the Republic October 5, 2010, n. 207.

17. Until the date of entry into force of the decree referred to in Article 111, paragraph 1, the provisions of Part II, Title IX, Chapters I and II shall continue to apply (Articles 178 to 210: purpose and form of accounting ), as well as the attachments or parts of the annexes referred to therein, of the Decree of the President of the Republic October 5, 2010, n. 207.

18. Until the adoption of the national guidelines for hospital, care and school catering as per article 144, paragraph 2, the contracting stations identify the technical specifications aimed at guaranteeing the quality of the service requested.

19. Until the date of entry into force of the decree referred to in Article 146, paragraph 4, the provisions of Part II, Title XI, Chapters I and II, as well as the annexes or parts of annexes referred to therein shall continue to apply, and referred to in Article 251 of the Decree of the President of the Republic October 5, 2010, n. 207.

20. Until the adoption of the decree referred to in Article 159, paragraph 4, the procedures laid down by the Decree of the President of the Republic of 5 November 2012, n. 236.

21. Until the establishment of the register referred to in Article 196, paragraph 4, the persons in possession of the appropriate professional requirements in relation to the work to be managed and the role of tester can act as the works director and tester. the subjects in possession of the requisites foreseen by the article 216 of the decree of the President of the Republic 5 October 2010, n. 207, without prejudice to the incompatibility with the function of responsible of the proceeding.

22. The arbitration procedures referred to in Article 209 shall also apply to disputes on subjective rights, deriving from the execution of public contracts referred to in Article 209, paragraph 1, for which the notices have been published before the date of entry into force of this code. Until the date of entry into force of the decree referred to in Article 209, paragraph 16, Article 10, paragraphs 1 to 6, and the attached tariff of Decree 2 December 2000, n. 398.

23. Preliminary projects related to the construction of public works or works of public utility concerning proposals for concession pursuant to Article 153 or Article 175 of Legislative Decree 12 April 2006 n. 163, for which the declaration of public interest has already intervened, not yet approved at the date of entry into force of this code, are subject to assessment of economic and financial feasibility and approval by the administration in accordance with the provisions of this code. The lack of approval determines the revocation of the procedures initiated and any promoters, to whom the reimbursement of the costs incurred and documented for the integration of the project based on the tender is recognized, if due, relating to the study of environmental impact and urban location.

24. In order to allow the holding, with the widest participation, of the public consultation referred to in Article 5, paragraph 5, of the Law of 18 December 2015, n. 220, and pending the updating of the discipline concerning the assignment of the public radio, television and multimedia service, in article 49, paragraph 1, of the legislative decree 31st July 2005, n. 177, the words: "6 May 2016" are replaced by the following: "31 October 2016". In Article 49-ter of the Legislative Decree of 31 July 2005, no. 177, as amended, the reference to articles 19 and 27, paragraph 1, and to the regulation of the code of public contracts pursuant to Legislative Decree 12 April 2006, n. 163, is meant to refer respectively to articles 17, 4 and to the discipline of the present code.

25. In Article 2, paragraph 1, letter h), of the Decree Law of 31 May 2014, n. 83, converted, with amendments, by the law of 29 July 2014, n. 106, the reference to articles 112 and 93, paragraphs 1 and 2, of the public contracts code referred to in Legislative Decree 12 April 2006, n. 163, is meant to refer respectively to articles 26 and 23, paragraphs 1 and 3, of this code.

26. Until the adoption of the general directives referred to in Article 1, paragraph 7, the provisions of Articles 343 to 356 of the Presidential Decree of 5 October 2010, n. 207. (contracts executed abroad) paragraph that has become effective since January 4, 2018, see now the ministerial decree (foreign) November 2, 2017, No. 192 published in G.U. No. 294 of December 20, 2018

27. The procedures for the assessment of the environmental impact of the large works started on the date of entry into force of this decree according to the rules already provided for in Articles 182, 183.184 and 185 of which Legislative Decree 12 April 2006, n. 163, are concluded in compliance with the provisions and attributions of competence in force at the time of the aforesaid start. The same procedures are also used for the variants.

27-bis. Until the date of entry into force of the guidelines referred to in Article 83, paragraph 2 (in fact until the entry into force of the MIT decree pursuant to Article 83, paragraph 2 - of the already contained in the articles from 186 to 193 of the legislative decree 12 April 2006, n. 163. Until the aforesaid date, the specific transitory provision provided for in article 189, paragraph 5 of the same legislative decree also applies. paragraph introduced by legislative decree no. 56/2017 in force from 20-5-2017

27-ter. Contracts of works entrusted before the entry into force of this code and in the course of execution shall be governed by the rules already contained in article 133, paragraphs 3 and 6, of Legislative Decree 12 April 2006, n. 163. paragraph introduced by legislative decree no. 56/2017 in force from 20-5-2017

27-quater. For the works of urbanization of the construction contribution, object of urban conventions or similar acts, however named, the provisions of the present code are applied with reference to the works object of the cited conventions and deeds stipulated after the entry into force of the same code. paragraph introduced by legislative decree no. 56/2017 in force from 20-5-2017

27-quinquies. To the procedures for the awarding of contracts for the concession of the natural gas distribution service issued by the contracting authorities, the provisions of the legislative decree of 23 May 2000, n. 164, as compatible with this Part III, as well as referred to in Article 46-bis, paragraphs 1, 2 and 3 of the Decree-Law of 1 October 2007, n. 159, converted, with amendments, by law 29 November 2007, n. 222 and Article 4 of the Decree-Law of 21 June 2013, n. 69, converted, with amendments, by law 9 August 2013, n. 98. In the cases referred to in the first sentence, without prejudice to the maximum duration of twelve years, the assignment period is determined in accordance with paragraphs 1 and 2 of article 168. paragraph introduced by legislative decree no. 56/2017 in force from 20-5-2017

27-sexies. For motorway concessions expired or expiring within six months of the date of entry into force of this provision, for which the management activity is economically prevalent with respect to the construction of new works or extraordinary maintenance interventions and the announcement of which is published within twenty-four months from the date of entry into force of this provision, the grantor may initiate tender procedures for the awarding of the concession on the basis of the only requirement framework limited to the interventions for securing the existing infrastructure. paragraph introduced by legislative decree no. 56/2017 in force from 20-5-2017

27-septies. With reference to Article 24, paragraph 3, qualified technicians who have been in service to the contracting authority on the date of entry into force of the law 18 November 1998, n. 415, in the absence of authorization, can sign the projects, within the limits provided by the professional regulations, if they are in service to the contracting authority or have held a similar position with another contracting authority, for at least five years and are classified in a technical professional profile and have carried out or collaborated in design activities. paragraph introduced by legislative decree no. 56/2017 in force from 20-5-2017