Annex I.6 Mandatory public debate.

(Article 40)

Article 1.

Works subject to mandatory public debate.

1.   The works falling within the typologies set out in Table 1 are subject to mandatory public debate, pursuant to Article 40, paragraphs 1 and 8 of the code.

2.   The reference parameters of the dimensional thresholds of the works included in table 1 attached to this annex are reduced by 50 percent if, with reference to particular safeguarding needs, they involve interventions which fall, even in part:< /p>

a) on cultural and natural heritage assets inscribed in the UNESCO World Heritage List, pursuant to the 1977 World Heritage Conference;

b) in the buffer zone as defined in the Operational guidelines issued by UNESCO;

c) in national and regional parks and marine protected areas.

3. For the works referred to in Table 1, for an amount between the threshold indicated therein and two thirds of the same, the contracting authority or the granting body calls the public debate upon request:

a) of the Presidency of Council of ministers or ministries directly interested in the realization of the work;

b) of a regional council or of a province or of a metropolitan city or of a provincial capital municipality territorially interested in the intervention;< /p>

c) of one or more municipal councils or unions of municipalities territorially affected by the intervention, if overall representing at least one hundred thousand inhabitants;

d) of at least fifty thousand citizens electing in the territories in for which the intervention is envisaged;

e) at least one third of the voters for interventions involving islands with no more than one hundred thousand inhabitants and for the territory of mountain municipalities.

Article 2.

Exclusions

1.   Public debate is excluded:

a) for the works provided for by Titles V and VI of Part VII of Book II of the code and for those of national defense referred to in article 233 of the military code referred to in Legislative Decree 15 March 2010, n. 66;

b) for ordinary and extraordinary maintenance interventions, restorations, technological adjustments and completions;

c) for works already subjected to preliminary public consultation procedures on the basis of regulations European Union.

Article 3.

Calling public debate.

1.   The contracting authorities and the granting bodies identify, each according to their own regulations, the entity holding the power to call the public debate which takes place in the initial phases of developing a project for a work or intervention , in relation to the contents of the feasibility project or the feasibility document of any project alternatives.

2.   The public debate begins with the publication, pursuant to Article 40, paragraph 3, of the code, of the project report of the work referred to in Article 5, paragraph 1, letter a), of the this annex.

Article 4.

Responsible for public debate

1.   The manager of the organizational unit holding the spending power appoints, immediately and, in any case, within ten days of the call decision referred to in article 3, paragraph 1, the person responsible for public debate among employees in possession of proven experience and competence in the management of participatory processes, or in the management and execution of programming and planning activities in infrastructural, urban, territorial and socio-economic matters. At the request of the contracted stations or granting bodies, the person responsible for the public debate is identified by the Ministry responsible for the matter among its managers. If the contracting authority or contracting body is a Ministry, the person responsible for the public debate is designated by the Presidency of the Council of Ministers from among the managers of public administrations external to the ministry concerned. In the case of a proven absence of public managers in possession of the requirements referred to in the first period, the person responsible for the public debate can be identified by the contracting authorities or by the granting bodies through the procedure referred to in the code, configuring it as a service contract.

2.   Persons resident or domiciled in the territory of a province or metropolitan city where the same work is located cannot assume the role of person in charge of public debate.

3.   The person in charge of the public debate:

a) plans the methods for carrying out the public debate and prepares, within one month of the assignment of the task, the project document for the public debate, establishing the topics of discussion, the methods of participation and communication to the public, exclusively with the use of IT and telematic tools, without prejudice to the existence of specific needs, motivated on the basis of objective elements, which make it necessary to schedule meetings with different methods;

b) evaluate, and possibly request, only once and within fifteen days of its receipt, additions and modifications to the project report referred to in Article 5, paragraph 1, letter a);

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c) encourages discussion between all participants in the debate;

d) in an objective and transparent way, defines and implements the methods of communication and information to the public, taking care of the organization and updates the section of the relevant institutional website;

e) draws up the final report of the public debate referred to in article 7, paragraph 1.

Article 5.

Functions and tasks of the contracting authority and the granting body.

1.   The contracting authority or the granting body shall:

a)   draw up the project report of the work, written in clear and understandable language, in which the opportunity of the intervention is motivated and the proposed design solutions are described, including assessments of the social, environmental and economic impacts , in coherence with the guidelines referred to in article 8 of the legislative decree of 29 December 2011, n. 228;

b)   publish on your institutional website and request publication on the institutional websites of the local administrations affected by the intervention of the report referred to in letter a);

c )    inform the Department for Public Works, Housing and Urban Policies, Water Infrastructure and Human and Instrumental Resources of the Ministry of Infrastructure and Transport of the announcement of the public debate procedure and the related conclusion;

d)   provide information on the intervention and, where significant, on the design alternatives examined in the first phase of the feasibility project;

e)   actively participate in the activities foreseen by the public debate and provide the necessary support to answer the questions raised during the public debate;

f)  ;   evaluate the results and proposals that emerged during the public debate and draw up a final document which highlights the desire or otherwise to carry out the intervention, any changes to be made to the project and the reasons that led not to accept any proposals;

g)   support the costs relating to the holding of the public debate, foreseen in the costs of planning the intervention referred to in article 41, paragraph 9, of the code.

Article 6.

Conduct of the public debate.

1.  ;  From the publication referred to in article 3, paragraph 2, the deadlines for conclusion referred to in article 40, paragraph 5, of the code begin to run.

2.   The holder of the power to call the public debate may extend the conclusion deadline referred to in paragraph 1 only once and for a maximum duration of two months, in case of proven and justified necessity.

3.   The entities authorized pursuant to Article 40, paragraph 4, of the code, within the deadline established therein, may submit observations and proposals in the manner established by the person in charge of the public debate in accordance with the provisions of Article 4, paragraph 3, letter a).

Article 7.

Conclusion of the public debate.

1.   Within the deadline referred to in Article 40, paragraph 5, of the code, the person in charge of the public debate presents to the contracting authority or granting body the final report on the progress of the entire procedure, which will be published on the institutional site of the contracting authority or the granting body, as well as on the institutional sites of the local administrations affected by the intervention, which contains:

a) the description of the activities carried out during the public debate;

b) the summary of the themes, in an impartial, transparent and objective way, of the positions and proposals that emerged during the debate;

c) the description of the open and most problematic questions with respect to which asks the contracting authority or the granting body to take a position in the final report, referred to in article 4, paragraph 3, letter e), with the possible indication of the proposals deemed worthy of acceptance.

2 . The contracting authority or the granting body, within two months of receiving the report referred to in paragraph 1, adopts its own final document, referred to in Article 5, paragraph 1, letter f), of which communication is given by publication on its institutional website and on the institutional websites of the local administrations affected by the intervention, as well as to the Department referred to in article 5, paragraph 1, letter c).

Table 1