Art. 27. Procedure of approval for projects relating to works
1. The approval of projects by the contracting authorities shall be made according to law n. 241 of 7 August 1990 and subsequent modifications, and to State and regional norms regulating the matter. Dispositions on the conference of services set out in Articles 14-bis and ff. of the abovementioned law n. 241 of 1990 shall apply.
1-bis. In cases of contracts subsequent to the withdrawal, revocation or annulment of a previous contract, based on projects for which opinions result to be expired, authorizations and agreements acquired, but variants in the project or in the field of environmental, landscape or anti-seismic regulation or town-planning regulation have not intervened, the abovementioned opinions, authorization and agreements already given by the different administrations are confirmed, for a period however not exceeding five years. The absence of variants referred to in the first period shall be object of specific evaluation and attestation by the official responsible of the procedure. Hypotheses in which the withdrawal, revocation or annulment of the previous contracts depend on vices and circumstances however relating to the opinions, authorizations or agreements referred to in the first period shall be excluded.
2. Contracting authorities and contracting entities may subject to the procedure of approval of projects a design level of greater detail, in order to obtain also the approval specific to precedent design phases that have not been given The declaration of public utility referred to in Articles 12 and ff. of the Presidential decree n. 327 of 8 June 2001, and subsequent modifications, may also be disposed when the expropriating authority approves to that end the executive project of the public or public utility work.
3. During the conference of services referred to in Article 14-bis of law n. 241 of 1990 on the project of feasibility, with exclusion of ordinary maintenance works, all administrations and subjects invited, including entities operating public network services for whom interferences with the project may result, shall be obliged to give their opinion on the localization and route of the work, also presenting proposals of modification, as well as to communicate the possible necessity of works mitigating or compensating the impact. In that phase, the entities operating network public services shall deliver, simultaneously to their opinion, the timetable of resolution of interferences. Unless unforeseeable circumstances, the conclusions adopted by the conference on the localization or route, as well as to the project of resolution of interferences, to the mitigating and compensating works, without prejudice to the procedure for dissent referred to in Article 14-bis, paragraph 3-bis and Article 14-quater, paragraph 3 of the abovementioned law n. 241 of 1990, shall not be modified when approving the subsequent design levels, unless a new feasibility project is withdrawn or re-presented.
3, With reference to the procedure of approval of the feasibility project referred to in paragraph 3 entities managing already known or foreseeable interferences shall have the obligation to verify and notify to the contracting authority or entity the subsistence of the interferences not detected within the premises of the infrastructure or production centers, and to elaborate, at the expenses of the contracting authority or entity, the project of resolution of interferences falling within their competence. The contracting authority or entity shall subject to preliminary verification of suitability the costs of planning for the resolution of interferences indicated by the managing entity. The violation of those obligations that is a reason for delayed initiation or anomalous evolution of works shall involve for the managing entity pecuniary responsibility for the damages suffered by the contracting authority or entity.
4. The final project shall be accompanied by the indication of interferences, also not detected within the meaning of paragraph 4, identified by the contracting authority or entity or, in absence, by the managing entities within 60 days from the reception of the project, as well as by the program of movements and crossings and whatever necessary to the resolution of interferences.
5. Entities operating networks or works intended for public service shall respect the program of resolution of interferences referred to in paragraph 5 approved together with the final project, also independently from the conclusion of any agreement regulating the resolution of interferences, provided that the contracting authority or entity commits itself to make the resources needed available in advance. The lack of respect for the abovementioned program of resolution of interferences, which has been the cause of delayed initiation or anomalous evolution of works, shall imply for the managing entity pecuniary responsibility for damages suffered by the contracting authority or entity.
6. Existing provisions regulating the effects of the approval of projects for town-planning and expropriating purposes, as well as the implementation of the existing norms on environmental impact assessment shall remain unaffected.
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