e) E: works that make up the annual list, with indication of the essential elements for their identification;

f) F: list of jobs present in the previous annual list in the cases provided for in article 5, paragraph 3.

3. The entities that manage the IT sites of the Ministry of Infrastructure and Transport and of the National Database of Public Contracts ensure the availability of IT support for the compilation of the standard templates attached to this annex.

4. For the purposes of completing forms A and C, referred to respectively in letters a) and c) of paragraph 2, the sources of financing for the three-year public works program include the overall value of public real estate that can be subject to transfer in exchange for works, the loans that can be acquired pursuant to article 3 of the legislative decree of 31 October 1990, n. 310, converted, with amendments, by law 22 December 1990, n. 403, the real estate granted in right of enjoyment, by way of contribution, the use of which is instrumental and technically connected to the work to be entrusted under concession, as well as the real estate falling within the territory of competence of regions and local authorities, not instrumental to the 'exercise of its institutional functions, susceptible to valorisation or disposal, referred to in article 58 of the legislative decree of 25 June 2008, n. 112, converted, with amendments, by law 6 August 2008, n. 133. The list of real estate assets is indicated in the appropriate form C. The value of the properties referred to in this paragraph, established on the basis of the market value by the offices owning the real estate assets, is reported for each individual job with which they are associated .

5. Each work or functional lot reported in the program referred to in paragraph 1 is uniquely identified by the CUI. For each job or functional lot referred to in the first period, the CUP is also indicated, except in cases of ordinary maintenance. Both codes are maintained in the three-year programs in which the work or functional lot is proposed again, except for substantial changes to the project that alter the possibility of precise identification.

6. For each work referred to in paragraph 1, the three-year program shows the total amount estimated necessary for the realization of said work, including the supplies and services connected to the realization of the same, included in the three-year planning referred to in article 6. The annual list for each job shows the overall amount of the related economic framework.

7. Without prejudice to the provisions of Article 37, paragraph 2, of the code, the unfinished public works referred to in Article 4, paragraph 4 of this annex, the works that can be carried out through concession contracts are included in the three-year program and its updates. or public-private partnership, works that can be carried out through the transfer of ownership rights or other rights of enjoyment of real estate. The program also highlights whether the work is complex.

8. The works, even consisting of functional lots, to be started in the first year of the program referred to in paragraph 7, constitute the annual list of public works. Included in this list are the works, including those referred to in article 4, paragraph 4, which satisfy the following conditions:

a) budget forecast of financial coverage;

b ) provision for the start of the award procedure during the first year of the programme;

c) compliance with the minimum design levels referred to in Article 37, paragraph 2, of the code;

9. A work can be included in the three-year program of public works limited to one or more functional lots, provided that with reference to the entire work the design level indicated by article 37, paragraph 2, of the code has been observed, quantifying the necessary financial resources to the completion of the entire work.

10. The three-year program of public works reports the priority of the works evaluated on three levels as indicated in sheet D. As part of the definition of the orders of priority the contracting authorities and granting bodies identify as priorities the reconstruction, repair and restoration works resulting from natural disasters, prevention and mitigation of seismic and hydrogeological risk, completion of unfinished works referred to in article 4, maintenance , for the recovery of existing assets, the definitive or executive projects already approved, the works co-financed with European funds, with PNRR and PNC as well as the works for which there is the possibility of financing with majority private capital.

11 . Within the order of priority referred to in paragraph 10, the reconstruction, repair and restoration works following natural disasters are to be considered of the highest priority, and, subordinately, the seismic prevention interventions on strategic buildings and the forecasting and mitigation of hydrogeological risk, the completion works of unfinished public works as well as those financed with the PNRR and the complementary plan to the PNRR.

12. For the purposes of carrying out the works envisaged in the annual list of works, the contracting authorities and granting bodies take into account the priorities indicated therein. This is without prejudice to works imposed by unforeseeable or calamitous events, as well as modifications resulting from supervening legal or regulatory provisions or from administrative acts adopted at state or regional level.

13 The contracting authorities and granting bodies identify , within its organisation, the structure and contact person for the drafting of the three-year public works programme. In order to reduce administrative burdens, this contact person is normally identified as the single administration contact person for the BDAP, unless the administration chooses otherwise.

14. The contact person receives the proposals, data and information provided by the RUPs for the purposes of coordinating the proposals to be included in the programming and arranges for accreditation on the appropriate IT sites of the Ministry of Infrastructure and Transport and the national database of public contracts.< /p>

Article 4.

Criteria for inclusion of unfinished public works in three-year programs of public works and in the related annual lists.

1. For the purposes referred to in Article 3, paragraphs 10 and 11, the contracting authorities and granting bodies, regardless of the amount, insert the unfinished public works within their competence into Schedule B, according to the classification order referred to in Article Article 4, paragraph 2 of the decree of the Minister of Infrastructure and Transport of 13 March 2013, n. 42, indicating for each uncompleted work the methods and resources for their completion. Where they do not opt in accordance with the first sentence, the administrations identify alternative solutions, such as scaled-down reuse, change of intended use or transfer as compensation for the construction of other public works through the transfer of properties in exchange for works, sale or demolition if the needs of public interest do not allow the adoption of alternative solutions.

2. For the purposes of completion and usability of the unfinished public work, even in the event of a change of intended use, the contracting authorities and granting bodies adopt their own decisions on the basis, where relevant, of the results of the ex ante evaluation , carried out according to the guidelines referred to in article 8 of the legislative decree of 29 December 2011, n. 228, conducted according to principles of appropriateness and proportionality taking into account the complexity, impact and cost of the work, also making use of the support provided by the technical structures of the Ministry of Infrastructure and Transport and of the regions and autonomous provinces, for the respective areas territories of competence. The same structures also carry out technical-economic support activities to the administrations in the implementation phases of the decisions adopted.

3. If, on the basis of the assessment referred to in paragraph 2, it is found that the attractiveness of private financing exists for the completion and management of unfinished public works, the contracting authorities and granting bodies shall promote the use of public-private partnership procedures to pursuant to article 174 et seq. of the code. To this end, they publish on the client's institutional website and on the specific section of the web portal of the Ministry of Infrastructure and Transport, also through regional computerized systems, a notice aimed at acquiring expressions of interest from economic operators regarding the construction works. possible completion, even resized or with a different intended use, of the unfinished works referred to in paragraph 1 as well as the management of the same.

4. Unfinished public works for which, following the assessment referred to in paragraph 2, the contracting authorities and granting bodies have determined the works to be adopted among those mentioned in paragraph 1 and have identified the related financial coverage, are included in the list of the works of the program referred to in sheet D or in the annual list referred to in sheet E if the resumption of works is expected in the first year.

5. In the event that the contracting authority or the granting body has deemed, with a reasoned deed, the lack of public interest in the completion and usability of the work:

a) reports in the list of properties referred to in sheet C, following acquisition to the estate following drafting and approval of the state of consistency, the unfinished public works for which it intends to transfer ownership of the work to another public body or to a person carrying out a public function, or proceed with the sale of the work on the market;

8. In the three-year programs for the purchase of supplies and services, for each individual purchase, the year in which it is intended to start the assignment procedure is indicated or in which it is intended to resort to a central purchasing body or an aggregator, in order to allow the connection with the planning of their activities.

9. For the inclusion in the three-year program of purchases of supplies and services, the contracting authorities and the granting bodies, also with reference to the entire acquisition in the case of division into functional lots, provide adequate indications regarding the typological, functional and technological acquisitions to be made and the related economic quantification.

10. The three-year program of purchases of supplies and services reports the order of priority. As part of the definition of priority orders, contracting authorities and granting bodies identify as priorities the services and supplies necessary as a result of natural disasters, to guarantee primary public interests, additional purchases for the completion of supplies or services, as well as supplies and services co-financed with European funds, and supplies and services for which there is the possibility of financing with majority private capital.

11. The contracting authorities and granting bodies take these priorities into account, without prejudice to changes resulting from unforeseeable or calamitous events, or from supervening legal or regulatory provisions or from administrative acts adopted at state or regional level.

12. The list of acquisitions of supplies and services for an estimated amount exceeding 1 million euros, which the contracting authorities and granting bodies plan to include in the three-year programme, is communicated by the same administrations, by the month of October, to the Technical Table of aggregator subjects referred to in article 9, paragraph 2, of the legislative decree of 24 April 2014, n. 66, converted, with amendments, by law 23 June 2014, n. 89, with the methods indicated in article 7, paragraph 5, of this annex.

13. The contracting authorities and granting bodies identify, within their organisation, the structure and the contact person for the preparation of the three-year program for the purchases of supplies and services. The subject referred to in this paragraph may coincide with that referred to in Article 3, paragraph 13. The procedure referred to in Article 3, paragraph 14 applies.

Article 7.

Methods for drafting, approving, updating and modifying the three-year program for the purchases of supplies and services. Information and advertising obligations.

1. The program referred to in article 6 is drawn up every year, scrolling through the previous year and updating the previously approved programs.

2. A purchase of a supply or service for which the award procedure has been started will not be proposed again in the subsequent program.

3. Form I, referred to in article 6, paragraph 2, letter c), reports the list of purchases of supplies and services present in the first year of the previous program and not re-proposed in the update of the program for reasons other than those referred to in paragraph 2, or for which the acquisition has been renounced.

4. In cases where the contracting authorities and granting bodies do not prepare the three-year program for the purchases of supplies and services, due to the absence of purchases of supplies and services, they will communicate this on the client's profile in the "Transparent administration" section referred to in legislative decree 14 March 2013, n. 33.

5. The communication to the Technical Committee of the aggregating entities referred to in article 6, paragraph 12, takes place through transmission to the portal of the aggregating entities within the online purchasing site of the Ministry of Economy and Finance, also through regional computerized systems.

6. Within ninety days from the date of entry into force of the budget law, the contracting authorities and granting bodies that are State administrations proceed with updating the three-year program of purchases of supplies and services and the related annual list. The other contracting authorities and granting bodies approve the same documents within ninety days from the effective date of their budget or equivalent document, according to the regulations of each administration. The provisions of article 172 of the consolidated text of the laws on the organization of local authorities referred to in legislative decree 18 August 2000, n. 267.

7. In the case of regions or local authorities, where the procedure for approving the annual update of the three-year program has been started and pending its conclusion, the administrations, according to their regulations, may, with justification, authorize the start of the relevant procedures to a purchase of supplies and services foreseen in an approved three-year program.

8. The three-year programs for the purchase of supplies and services can be modified during the year, subject to specific approval by the competent body, to be identified, for local authorities, according to the type of modification, in compliance with the provisions of article 37, paragraph 1 of the code, if the changes concern:

a) the cancellation of one or more purchases already included in the annual list of acquisitions of supplies and services;

b) the addition of one or more purchases as a result of administrative acts adopted at state or regional level;

c) the addition of one or more purchases due to the availability of financing within the budget that cannot be foreseen at the moment of the first approval of the program, including additional resources available also following auction reductions or savings;

d) the advance to the first year of the acquisition of a supply or service included in the three-year purchasing programme;

e) the modification of the economic framework of the purchasing already included in the annual list, for which further resources are necessary.

9. A service or supply not included in the annual list may be carried out when made necessary by unforeseeable or calamitous events or by supervening legal or regulatory provisions. A service or supply not included in the first year of the program can also be implemented on the basis of an independent financial plan that does not use resources already foreseen among the financial means of the administration at the time of the list's formation, initiating the procedures for updating the programming.

10. The changes to the programs referred to in paragraph 8 are published on the institutional website of the contracting authority and the granting body and are communicated to the national database of public contracts.

Article 8.

Methods of connection with the planning of the activities of the aggregating entities and purchasing centers to which the contracting authorities delegate the assignment procedure.

1. In the annual lists of purchases of supplies and services and in the annual lists of works, the contracting authorities and the granting bodies indicate for each purchase the obligation, if any, or the intention to use a central purchasing body or an aggregator for the completion of the assignment procedure; to this end they consult, in accordance with the provisions of article 6, paragraph 1, second sentence, the planning of the aggregating entities and purchasing centers and acquire their prior consent or verify their capacity to satisfy their needs.

2. In cases where the contracting authorities and granting bodies, in compliance with the provisions of paragraph 1, make use of a central purchasing body or an aggregator, the annual list indicates the name among those registered in the AUSA in the context of the National database of public contracts of the National Anti-Corruption Authority.

Article 9.

1. This annex applies to the formation or updating of the three-year programs of public works and purchases of supplies and services carried out starting from the 2023-2025 programming period.

2.The decree of the Minister of infrastructure and transport 16 January 2018 n. 14, published in the Official Journal of the Italian Republic n. 57 of 9 March 2018, is repealed from the date on which this annex becomes effective pursuant to article 229, paragraph 2, of