Article 131. Substitute canteen services.

1. The purpose of the activity of issuing meal vouchers is to provide a substitute company canteen service through affiliated businesses, by means of meal vouchers or other titles representing services. 2. The awarding of services substitutes referred to in this article are reserved for joint-stock companies, with paid-up capital of no less than 750,000 euros and established with this specific corporate purpose, whose financial statements must be accompanied by the report drawn up by an auditing company registered in the register established at the Ministry of justice pursuant to article 2409-bis of the civil code. 3. Possession of the requirements referred to in paragraph 2 must be proven by means of a prior certified notification of commencement of activity, drawn up by the legal representatives of the company and transmitted, pursuant to article 19 of law 7 August 1990, n. 241, to the Ministry of Business and Made in Italy. 4. Economic operators active in the sector of issuing meal vouchers based in other countries of the European Union can carry out the activity if authorized to do so according to the rules of the Country of origin. 5. The assignment of the services referred to in this article takes place exclusively with the criterion of the most economically advantageous offer identified on the basis of the best quality/price ratio. The tender notice establishes the relevant offer evaluation criteria, including: a) the discount on the nominal value of the meal voucher; b) the network of establishments to be affiliated with, with specific valorisation, when assigning points or of the weights, of the qualitative characteristics that characterize the substitute canteen service offered by the selected network of establishments; c) the unconditional discount towards merchants, in an amount not exceeding 5 percent of the nominal value of the meal voucher. This unconditional discount also remunerates any additional service offered to merchants; d) the payment terms to affiliated businesses; e) the technical project. 6. Annex II.17 identifies the establishments where the substitute canteen service can be provided, the characteristics of the meal vouchers and the content of the agreements stipulated between the companies issuing the vouchers and the holders of the eligible exercises. In the case of electronic meal vouchers, affiliated businesses are guaranteed a single payment terminal. Upon first application of the code, Annex II.17 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to article 17, paragraph 3, of law no. 23 August 1988. 400, with decree of the Minister of Business and Made in Italy, in agreement with the Minister of Infrastructure and Transport, which replaces it entirely also as an annex to the code. 7. For the purposes of owning the network of businesses through which the substitute canteen service is carried out, possibly requested as a participation or award criterion, it is sufficient for the economic operator to undertake the commitment to activate the network itself within a suitable period from the moment of the award, set in the tender. Failure to activate the requested network within the indicated deadline will result in the forfeiture of the award. 8. The contracting authorities that purchase the meal vouchers, the issuing companies and the affiliated businesses allow, each in the exercise of their respective contractual activity and obligations of its own relevance, the usability of the meal voucher for the entire nominal value. EFFECTIVE FROM: 1 July 2023