Article 225. Transitional and coordination provisions.

1. Until 31 December 2023, notices and tenders are published, for the purposes of legal effects, in the Official Journal of the Italian Republic, special series relating to public contracts, by the sixth working day following that of receipt of the documentation from part of the Advertisements Office of the State Printing and Mint Institute. Until 31 December 2023, the provisions of articles 70, 72, 73, 127, paragraph 2, 129, paragraph 4 of the public contracts code, referred to in legislative decree 18 April 2016, n., apply. 50 and of the decree of the Ministry of Infrastructure and Transport adopted in implementation of article 73, paragraph 4 of the same code referred to in legislative decree 18 April 2016, n. 50 of 2016. The costs for the mandatory publication of notices and tender notices are reimbursed to the contracting authority by the successful tenderer within sixty days of the award. The publication of further, complementary or additional information occurs exclusively electronically and cannot entail financial charges for the contracting authority. Until 31 December 2023, publications continue on the platform of the Public Contracts Service of the Ministry of Infrastructure and Transport referred to in Annex B to the Legislative Decree of 14 March 2013, n. 33. From 1 January 2024, articles 27, 81,83, 84 and 85 become effective. 2. The provisions referred to in articles 19, 20, 21, 22, 23, 24, 25, 26, 28, 29 , 30, 31, 35, 36, 37, paragraph 4, 99, 106, paragraph 3, last sentence, 115, paragraph 5, 119, paragraph 5, and 224, paragraph 6 become effective from 1 January 2024. In transitionally, the provisions referred to in articles 21, paragraph 7, 29, 40, 41 paragraph 2-bis, , 44, 52, 53, 58, 74, 81, 85, 105, paragraph 7, 111, paragraph 2-bis , 213 paragraphs 8, 9 and 10, 214, paragraph 6 of the public contracts code, referred to in legislative decree 18 April 2016, n. 50 continue to apply until 31 December 2023 for the performance of activities relating to: a) the drafting or acquisition of documents relating to the procedures for programming, planning, publication, assignment and execution of contracts; b) the transmission of data and documents relating to the procedures referred to in letter a); c) access to the tender documentation; d) the presentation of the single European tender document; e) the submission of tenders; f) the opening and storage of the tender dossier; g) the technical, accounting and administrative control of the contracts also during the execution phase and the management of the guarantees. 3. The qualification requirement referred to in Article 4, paragraph 1, letter c) and Article 6, paragraph 1, letter c) of Annex II 4 is required from 1 January 2024. 4 Upon first application of article 47 and until the implementation of the provisions set out in Annex I.11, the composition of the Superior Council of Public Works and the competences of the sections remain those in force on the date of entry into force of the code, including the provisions of article 45 of the legislative decree of 31 May 2021 n. 77, converted, with amendments, by law 29 July 2021 n. 108. 5. Until the adoption of the regulation referred to in article 13, paragraph 4, the regulation referred to in the decree of the Minister of Foreign Affairs and International Cooperation of 2 November 2017, n. 192. 6. Until the adoption of the regulation referred to in article 136, paragraph 4, the regulation regulating the activities of the Ministry of Defense regarding works, services and supplies referred to in the decree of the President of the Repubblica 15 November 2012, n. 236, as compatible with the provisions of Annex II.20. 7. For the guarantees provided for in article 117, paragraph 12, pending the adoption of the decree provided for therein, the provisions of the Minister's decree apply of economic development 19 January 2018, n. 31. 8. In relation to the award procedures and contracts concerning public investments, also divided into lots, financed in whole or in part with the resources provided for by the PNRR and the PNC, as well as by the programs co-financed by the structural funds of the European Union , including the support infrastructures connected to them, even if not financed with said resources, the provisions of Legislative Decree no. will apply even after 1 July 2023. 77 of 2021, converted, with amendments, by law no. 108 of 2021, to the legislative decree of 24 February 2023, n. 13, as well as the specific legislative provisions aimed at simplifying and facilitating the achievement of the objectives established by the PNRR, by the PNC as well as by the Integrated National Energy and Climate Plan 2030 referred to in Regulation (EU) 2018/1999 of the European Parliament and of the Council, of 11 December 2018. 9. Starting from the date on which the code becomes effective pursuant to article 229, paragraph 2, the provisions of article 23 of the public contracts code, referred to in the legislative decree 18 April 2016, n. 50, continue to apply to ongoing proceedings. To this end, ongoing proceedings mean the procedures for which the design assignment has been formalized on the date on which the code becomes effective. In the event that the task of drafting the technical-economic feasibility project has been formalized before the date on which the code becomes effective, the contracting authority may proceed with the joint assignment of the design and execution of the works on the basis of the technical feasibility project and economic or on the basis of a definitive project drawn up pursuant to article 23 of the public contracts code, of which legislative decree no. 50 of 2016. 10. For interventions included among the strategic infrastructures referred to in the regulations provided for by article 163 et seq. of the code of public contracts relating to works, services and supplies, referred to in legislative decree 12 April 2006, n. 163, already included in the approved programming tools and for which the environmental impact assessment procedure has already been started on the date of entry into force of the public contracts code, referred to in Legislative Decree no. 50 of 2016, the related projects are approved according to the regulations set out in article 163 et seq. of the code of public contracts relating to works, services and supplies, referred to in legislative decree no. 163 of 2006. 11. The procedures for the environmental impact assessment of major works started on the date of entry into force of the public contracts code, referred to in legislative decree no. 50 of 2016, according to the regulations already provided for by articles 182, 183, 184 and 185 of the code of public contracts relating to works, services and supplies, referred to in legislative decree no. 163 of 2006, are concluded in compliance with the provisions and attributions of competence in force at the time of the aforementioned start. The same procedures also apply for variants. 12. The extensions of the declaration of public utility and of the pre-arranged expropriation restriction expiring on projects already approved by CIPESS on the basis of the previous code of public contracts relating to works, services and supplies referred to in Legislative Decree no. 163 of 2006, are approved directly by the contracting entity. By 31 December of each year, the Ministry of Infrastructure and Transport provides information to CIPESS regarding the extensions arranged during the year and the deadlines expiring in the following year. 13. Articles 47, paragraph 1, 83 , paragraph 2, and 216, paragraph 14, of the public contracts code, referred to in legislative decree no. 50 of 2016, are interpreted in the sense that, on a transitional basis, in relation to the consortia referred to in article 45, paragraph 2, letter c), of the same code, for the purposes of participation in tenders and execution the regime of qualification provided for by article 36, paragraph 7, of the code of public contracts relating to works, services and supplies referred to in legislative decree no. 163 of 2006 and articles 81 and 94 of the execution and implementation regulation referred to in the decree of the President of the Republic of 5 October 2010, n. 207. Article 47, paragraph 2-bis, of the public contracts code, referred to in legislative decree no. 50 of 2016, is interpreted in the sense that, in service and supply contracts, the existence of the stable consortia of the requirements requested in the tender notice for the awarding of services and supplies is assessed following verification of the actual existence of the aforementioned requirements for individual consortium members, even if different from those designated in the tender. 14. If, within ninety days from the date on which the code becomes effective pursuant to article 229, paragraph 2, government regulations are issued or ministerial regulations are adopted replacing annexes to the code, the content of which is identical to that of the annex itself, the opinion of the Council of State and the parliamentary commissions is not obtained on the draft regulations. 15. Except as provided for in paragraph 14, the draft regulations referred to in articles 17, paragraph 3, 40, paragraph 2, 41, paragraphs 2 and 4, 45, paragraph 1, 47, paragraph 4, 54, paragraph 3, 61, paragraph 5, 70, paragraph 3, 71, paragraph 5 , 84, paragraph 1, 89, paragraph 2, 100, paragraph 3, 105, paragraph 1, 106, paragraph 8, 114, paragraph 5, 120, paragraph 14, 135, paragraph 3, 182, paragraph 2 and 213, paragraph 15 , are transmitted to the Chambers for the purpose of acquiring the opinions of the competent parliamentary commissions which express their opinion within thirty days, after which the regulations can in any case be issued or adopted. 16. Starting from the date on which the code becomes effective pursuant to of article 229, paragraph 2, in place of the ANAC regulations and guidelines adopted in implementation of the public contracts code, referred to in legislative decree no. 50 of 2016, where not otherwise provided for by this code, the corresponding provisions of this code and its annexes apply. EFFECTIVE FROM: 1 July 2023