Annex I.11 Provisions relating to the organisation, responsibilities, operating rules, as well as further duties of the Superior Council of Public Works.
(Article 47, paragraph 4)
Article 1.
Additional skills and responsibilities.
1. The Superior Council of Public Works, within the scope of the tasks attributed to the State and in compliance with the prerogatives of the regions and autonomous provinces, provinces, metropolitan cities and municipalities, in addition to the provisions of article 47 of the code, also exercises consultative functions and expresses opinions:
a) on every issue attributed to it, when provided for by current legislation;
b) on the texts of the technical standards prepared in implementation of the consolidated text of the provisions legislative and regulatory matters in the field of construction referred to in the decree of the President of the Republic of 6 June 2001, n. 380, as well as the laws of 5 November 1971, n. 1086, and 2 February 1974, n. 64, for the fields of application originally envisaged by the relevant regulatory texts and not applicable to Part I - Construction activities of the same consolidated text referred to in the decree of the President of the Republic no. 380 of 2001;
c) on the texts of the technical standards prepared in implementation of the new highway code referred to in the legislative decree of 30 April 1992, n. 285;
d) on the circulars and guidelines prepared in implementation and within the limits of the laws referred to in letters a), b) and c).
2. The Superior Council of Public Works, through the Central Technical Service:
a) takes care of the preparation of the technical standards on the minimum structural safety of buildings to be observed throughout the national territory;
b ) takes care of the preparation of guidelines, operating instructions, technical documents relating to the technical standards referred to in letter a);
c) exercises the technical-scientific coordination of regulatory activity, both nationally and at a European level, in the civil engineering and construction materials and products sectors for which it is of priority importance to ensure compliance with basic requirement no. 1, “mechanical resistance and stability”, referred to in Annex I to Regulation (EU) no. 305/2011 of the European Parliament and of the Council, of 9 March 2011, which establishes harmonized conditions for the marketing of construction products, and the legislative decree of 16 June 2017, n. 106;
d) exercises, in agreement with the National Research Council, the supervision of the entities referred to in Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015, which carry out the functions of a standardization body limited to the field of civil and structural engineering, pursuant to articles 4 and 5 of law 21 June 1986, n. 317.
3. The Superior Council of Public Works ensures the fulfillment of the representation tasks in the technical bodies of the European Union responsible for the implementation of Regulation (EU) no. 305/2011, and legislative decree no. 106 of 2017, concerning the qualification and safety of materials and products for civil engineering. Identify, for the aforementioned purposes, the national technical representatives.
4. The Superior Council of Public Works expresses its opinion on issues pertinent to the matters referred to in paragraph 1, submitted to it for examination by the constitutional bodies, by the President of the Council of Ministers, by individual ministers, by the presidents of the regions and autonomous provinces of Trento and of Bolzano, by local authorities, by other public bodies and by independent authorities and can draw up particular technical standards upon request of the same subjects. At the request of the Minister of Infrastructure and Transport, the Superior Council of Public Works also carries out specific technical missions regarding particularly complex problems.
5. The Superior Council of Public Works also expresses an opinion on issues pertinent to the matters referred to in paragraph 1, submitted to it for examination by associations recognized at national level, by the National Council of Engineers, by the National Council of Architects, Planners, Landscapers and Conservators and the National Council of Geologists.
Article 2.
Composition.
1. The Superior Council of Public Works is composed of the President, the Section Presidents, the General Secretary, the managers of the Central Technical Service, the effective members referred to in paragraph 3, the ex-officio members referred to in paragraph 4. The composition of the Council superior of public works is identified by decree of the Minister of Infrastructure and Transport for a period of three years.
2. The general level manager in charge until 31 December 2026 of the support structure referred to in article 45, paragraph 4, of the legislative decree of 31 May 2021, n. 77, converted, with amendments, by law 29 July 2021, n. 108, assumes the role of President of the Special Section of the Superior Council of Public Works.
3. The following are effective members of the Superior Council of Public Works:
a) no less than nine second level managers with the function of advisors to the Superior Council of Public Works, chosen for their ability and professional experience in the matters referred to in paragraphs 1, 2 and 3 of article 1, among the second level managers of the role of the Ministry of Infrastructure and Transport and appointed, upon proposal of the President, with the procedures referred to in article 19, paragraphs 4, 5- bis and 6, of the legislative decree 30 March 2001, n. 165. These include, starting from the entry into force of the code, the non-general level manager referred to in article 45, paragraph 4, of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021, which until 31 December 2026 carries out the functions referred to in the aforementioned law decree;
b) three councilors of State, three councilors of the Court of Auditors and three State lawyers designated, respectively, by the President of the Council of State, the President of the Court of Auditors and the State Attorney General. These also include the administrative magistrate, the councilor of the Court of Auditors and the state lawyer referred to in article 45, paragraph 1, letter e), of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021;
c) seven general level managers serving in the State administrations, designated by the President of the Council of Ministers and the respective Ministers, one of whom belongs to the Presidency of the Council of Ministers, one belonging to the Ministry of Infrastructure and of Transport, one belonging to the Ministry of the Environment and Energy Security, one belonging to the Ministry of Culture, one belonging to the Ministry of the Interior, one belonging to the Ministry of Economy and Finance and one belonging to the Ministry of Defence. These include, starting from the entry into force of the code, the seven general level managers referred to in article 45, paragraph 1, letter a), of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021;
d) three representatives designated by the Unified Conference referred to in article 8 of the legislative decree of 28 August 1997, n. 281, chosen from subjects with adequate professionalism. These, from the date of entry into force of the code, are the three representatives designated by the Unified Conference referred to in article 45, paragraph 1, letter b), of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021;
e) three representatives of the professional associations designated, respectively, by the National Council of Engineers, by the National Council of Architects, Planners, Landscape Designers and Conservationists and by the National Council of Geologists. These, from the date of entry into force of the code, are the three representatives designated by the professional associations referred to in article 45, paragraph 1, letter c), of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021;
f) thirty experts chosen from ordinary and associated university professors, with clear and proven competence in the subjects referred to in paragraphs 1, 2 and 3 of article 1, as well as in economic subjects, appointed by decree of the Minister of Infrastructure and Transport, upon indication of the President of the Superior Council of Public Works. These include, starting from the entry into force of the code, the thirteen experts referred to in article 45, paragraph 1, letter d), of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021.
4. The following are members by right of the Superior Council of Public Works, by virtue of their office:
a) the interregional supervisors for public works of the Ministry of Infrastructure and Transport;
b) the Head of the Civil Protection Department;
c) the Head of the Fire Brigade, Public Rescue and Civil Defense Department of the Ministry of the Interior;
d) the Director General of Archeology , fine arts and landscape of the Ministry of Culture;
e) the Director General of environmental assessments of the Ministry of the Environment and Energy Security;
f) the Director General of works and state property (Geniodife) of the Ministry of Defence;
g) the Director of the National Agency for the safety of railways and road and motorway infrastructures.
5. For the examination of public works projects referred to in article 39 of the code, they are invited with the right to vote to participate in the meetings of Sections I, II and III, referred to in article 4 and of the General Assembly of the Superior Council of public works, referred to in article 3, a representative of each municipality and each province or metropolitan city in which the work is located, as well as a representative of each territorially competent autonomous region or province.
6. The members of the Superior Council of Public Works cannot be represented.
7. The members of the Superior Council of Public Works, even if outside the State administrations, are required to maintain confidentiality regarding the business they deal with.
Article 3.
General Assembly.
1. The General Assembly of the Superior Council of Public Works is made up of the President, the Section Presidents, the General Secretary, the managers of the Central Technical Service, the effective members referred to in article 2, paragraph 3, the ex-officio members referred to in article 2, paragraph 4, as well as by any experts chosen by the President, in a number not exceeding forty and without the right to vote. For participation in the activities of the General Assembly, experts without the right to vote are not entitled to compensation or attendance fees, but are only entitled to reimbursement of expenses within the limits of the resources available under current legislation. The General Assembly expresses its opinion on the matters placed on the agenda by the President.
2. On the date of entry into force of the code, the functions of the special committee referred to in article 45 of the legislative decree of 31 May 2021, n. 77, converted, with amendments, by law 29 July 2021, n. 108, are carried out by the Special Section of the Superior Council of Public Works.
3. The support structure referred to in article 45, paragraph 4, of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021, operates within the organizational structure of the Superior Council of Public Works until 31 December 2026, maintaining the functions referred to in the aforementioned law-decree.
4. The members of the Special Section referred to in article 4 are paid, until 31 December 2026, the compensation provided for in article 45, paragraph 3, of legislative decree no. 77 of 2021, converted, with amendments, by law no. 108 of 2021. The other members of the Superior Council of Public Works are paid, also in derogation of the provisions of article 24, paragraph 3, of the legislative decree of 30 March 2001, n. 165, without prejudice to the limit referred to in article 23-ter, paragraph 1, of the legislative decree of 6 December 2011, n. 201, converted, with amendments, by law 22 December 2011, n. 214, an indemnity equal to 25 percent of the total amount of the economic treatment received from the administration to which one belongs and in any case not exceeding the sum of 20,000 euros per year including the charges borne by the Administration. The compensation referred to in the first period is determined in relation to the criteria established with specific internal regulations.
Article 4.
Sections.
1. The Superior Council of Public Works is divided into four sections distinguished by subjects and tasks, called "Section I", "Section II", "Section III" and "Special Section". The distribution of subjects is defined by decree of the President of the Superior Council of Public Works, within three months from the date of entry into force of this annex. This distribution can be modified every two years, with the same procedure. Upon first application and until the new presidential decree is issued, the current distribution remains valid.
2. For the examination of matters of particular importance or for reasons of urgency, a Select Committee is established by decree of the President of the Superior Council of Public Works and is composed of a Section President, who chairs it, and no more than six members, chosen from among the members of the Superior Council of Public Works. The President of the Select Committee may arrange for other members and experts to participate in the work without the right to vote. The participation of experts is free of charge. In the event of absence or impediment of the designated president, he is replaced by another section president appointed by the President of the Superior Council of Public Works.
Article 5 .
Central technical service.
1. The Central Technical Service operates under the functional dependence of the President of the Superior Council of Public Works or of a Section President delegated by him and carries out the following functions:
a) support to the Ministry of Infrastructure and Transport and to the same Superior Council;
b) studies and research on construction materials, preparation of technical standards, guidelines and technical studies of a general and regulatory nature, in the areas of competence;
c) activities investigations and issuing of provisions relating to:
1) certification, inspection and European technical approval for products and systems intended for structural and geotechnical engineering works, in implementation of Regulation (EU) no. 305/2011, of the legislative decree 16 June 2017, n. 106, and other provisions of the European Union or national sector;
2) qualification of standard prefabricated products pursuant to the consolidated text of legislative and regulatory provisions on construction, referred to in the decree of President of the Republic 6 June 2001, n. 380, and, for the part still applicable, of law 5 November 1971, n. 1086, as well as the technical standards referred to in articles 52, paragraph 1, and 60 of the same consolidated act referred to in the decree of the President of the Republic no. 380 of 2001;
3) qualification and supervision of the products governed by the technical standards referred to in articles 52, paragraph 1, and 60 of the consolidated text referred to in the decree of the President of the Republic, n. 380 of 2001;
4) recognition of the equivalence of qualified products in the European field for their use on the national territory;
5) issuing of authorizations to the laboratories referred to in Article 59, paragraph 2, of the consolidated text referred to in the decree of the President of the Republic no. 380 of 2001;
6) issuing authorizations to the bodies referred to in Chapter VII of Regulation (EU) no. 305/2011 and Chapter III of Legislative Decree no. 106 of 2017;
7) issuing authorizations to certification bodies for factory process control (FPC) of concrete produced with an industrialized process, in accordance with the technical standards for construction;
< p>d) market supervision pursuant to Chapter V of Legislative Decree no. 106 of 2017, limited to materials and products for structural use referred to in article 2, letter i), of the same legislative decree no. 106 of 2017.2. To carry out its activities, within the financial resources available under current legislation, without new or greater burdens on public finances, the Central Technical Service may entrust special consultancy and technical assistance tasks to university institutes or individual university professors or to independent entities, public or private, with proven experience and competence, to assist particularly complex activities that require highly specialized knowledge.
3. The Central Technical Service may avail itself, through the stipulation of specific agreements, of the single national accreditation body in the exercise of its functions of control, verification and supervision of the existence and permanence of the requirements envisaged by specific provisions adopted by the Superior Council of Public Works, for the issuing and renewal of the provisions referred to in paragraph 1.
4. The Central Technical Service is divided into four divisions of non-general management level, which are responsible for second-tier managers appointed on the proposal of the President of the Superior Council of Public Works, with the procedures referred to in article 19, paragraphs 4, 5-< i>bisand 6, of the legislative decree 30 March 2001, n. 165.
Article 6.
Observatory of the Technical Advisory Board.
1. The Observatory is chaired by the President of the Superior Council of Public Works and is made up of:
a) the Head of the Department for Public Works, Housing and Urban Policies, Water Infrastructure and Human and Instrumental Resources of the Ministry of Infrastructure and Transport;
b) the Director General for the regulation of public contracts and supervision of major works of the Ministry of Infrastructure and Transport;
c) three representatives designated by the Unified Conference referred to in article 8 of the legislative decree of 28 August 1997, n. 281, chosen from among subjects possessing adequate professionalism;
d) five representatives designated by the professional associations, one of which designated by the Professional Association of Engineers, one designated by the Professional Association of Architects, one designated by the 'Professional Association of Geologists, one designated by the Professional Association of Chartered Accountants and Accounting Experts and one designated by the Professional Association of Lawyers;
e) three experts chosen from university professors of clear and proven competence, on indication of the president of the Superior Council of Public Works;
f) an administrative magistrate, with the role of advisor, an advisor of the Court of Auditors and a State lawyer.
2. The members referred to in paragraph 1, letters c), d), e) and f), are appointed by decree of the Minister of Infrastructure and Transport, hold office for three years and can be confirmed for a second three-year period.
3. The members of the Permanent Observatory cannot be represented and are not entitled to compensation, attendance fees, expense reimbursements or other emoluments however named.
Article 7.< /b>
Operation rules.
1. The meetings of the General Assembly and of the Sections of the Superior Council of Public Works are valid with the presence of one third of the members and the opinions are valid when they are resolved with the favorable vote of the absolute majority of those present at the meeting.
< p>2. The President of the Council of Public Works:a) convenes and presides over the General Assembly;
b) convenes and presides over the meeting of the Special Section;
c) assigns business to the General Assembly by indicating the rapporteurs and reporting commissions;
d) assigns business to the Sections;
e) schedules the sessions of the General Assembly;
f) with its own decree defines the composition of the Sections by assigning the members, including non-internal ones;
g) provides for the implementation of management control for the activity of the Superior Council of public works in compliance with the relevant directives of the Minister of Infrastructure and Transport, with at least annual verification of the compliance with the institutional purposes of the activity carried out in terms of effectiveness and efficiency, as well as the adequacy of the structure;
h) appoints the commissions for the development of technical standards and regulatory guidelines, upon proposal of the coordinator of the Central Technical Service;
i) arranges for the possible acquisition of the opinion of a section or of the assembly on documents having particular external relevance prepared by the Central Technical Service within the scope of its powers referred to in article 5;
3. The President of the Superior Council of Public Works appoints a deputy president, chosen from among the four Section presidents who , in case of his absence or impediment, takes over his functions.< /p>
4. The main matters subject to division between the Sections of the Superior Council of Public Works are the following:
a) construction, sports facilities, structures, strategic works, construction materials and products;
b) hydrogeology, hydraulic works, consolidation and movement of settlements, hydraulic-forestry works;
c) maritime and port infrastructures, coastal defence, works for inland navigation;
d) dams, plants for the production, transport and distribution of electricity, traditional or deriving from alternative sources;
e) transport infrastructures and networks, devices and materials for road and railway safety, technological systems, innovative technologies, technological and IT infrastructures;
f) territorial planning, environmental and sustainability issues;
g) technical standards, seismic classification, professional skills, legislation on public works, planning of public works.
5. The Presidents of Sections I, II and III of the Superior Council of Public Works:
a) convene and preside over the sessions of the respective sections;
b) appoint the rapporteur and the reporting commissions of the business assigned to the sections;
c) they can invite to the sessions of the section experts who participate in the discussion without the right to vote, who are not entitled to compensation or attendance fees, but only the reimbursement of expenses is recognized within the limits of the resources available under current legislation.
6. The President of the Special Section of the Superior Council of Public Works, member of the Special Section, coordinates the support structure referred to in article 45, paragraph 4, of the legislative decree of 31 May 2021, n. 77, converted, with amendments, by law 29 July 2021, n. 108.
7. The President of the Superior Council of Public Works, upon request of the president of the Section in charge of the matter or of at least half of the effective members of the Section, who have participated in the deliberation, may order the examination or re-examination of the matter by the 'General assembly.
8. The Secretary General of the Superior Council of Public Works, whose functions are assigned by the President to one of the second level managers of the same Council:
a) assists the president in the exercise of his functions;
b) provides for the management of the offices of the Superior Council of Public Works and its staff;
c) provides for the administrative and accounting activity of the structure;
d) adopts management criteria and accounting and reporting methods.
Article 8.
Final provisions.
1. The staffing of first and second level managers, as well as the staff of the Superior Council of Public Works falls within the scope of the overall staffing of the Ministry of Infrastructure and Transport.
2. The Superior Council of Public Works constitutes a center of administrative responsibility in accordance with the provisions of Article 3 of Legislative Decree 7 August 1997 n. 279 and pursuant to article 7, paragraph 5, of law 1 August 2002, n. 166.
3. The appropriations intended for the Superior Council of Public Works are recorded in a specific basic forecast unit of the State of Estimates of the Ministry of Infrastructure and Transport.
4. The resources assigned to the Superior Council of Public Works consist of:
a) the appropriations referred to in paragraph 3;
b) the revenues deriving from the proceeds of the activities of the Central Technical Service, pursuant to article 7, paragraph 9, of law no. 166 of 2002;
c) from the revenues foreseen by current legal provisions.
5. In order to guarantee the independence of the Superior Council of Public Works and absolute continuity in carrying out its functions, the provisions of Article 19, paragraph 8, of the Legislative Decree of 30 March do not apply to the President of the Superior Council of Public Works. 2001, n. 165.
6.The implementation of this annex must not result in new or greater burdens on public finances.
