Article 39. Planning and design of strategic infrastructures and of pre-eminent national interest.

1. The provisions of this article govern the planning, programming and design procedures of strategic infrastructures whose construction is of an urgent nature and of pre-eminent national interest for the purposes of the modernization and development of the Nation. 2. The Government qualifies an infrastructure as strategic and of pre-eminent national interest with a resolution of the Council of Ministers, in consideration of the infrastructural performance, costs, objectives and times of completion of the work. The qualification is carried out on the proposal of the competent Ministers, after consulting the regions concerned, or on the proposal of the regions to the Government, after consulting the competent Ministers. 3. The list of infrastructures referred to in this article is inserted in the economic and financial document, with the indication: a) of the expected performance criteria in terms of infrastructural development, socio-economic rebalancing between the areas of the national territory, environmental sustainability, guarantee of strategic security, containment of the country's energy supply costs, adaptation of the national strategy to that of the European infrastructure network; b) the results of the evaluation of project alternatives; c) the estimated costs and related allocations; d) the implementation timetable. 4. The interventions referred to in paragraph 3 are automatically included in the institutional program agreements and in the framework program agreements for the purposes of identifying priorities and for the purposes of harmonization with the initiatives already included in the agreements and agreements themselves. 5. For the approval of the projects relating to the interventions referred to in paragraph 3, the provisions of article 38 shall apply. To this end, the terms referred to in the third period of paragraph 5 of article 38 are reduced to thirty days and those referred to in paragraph 9, first period, of the same article 38 to forty-five days and cannot be extended. 6. The Superior Council of Public Works, without new or greater burdens on public finances, establishes a special committee for the examination of projects relating to the interventions referred to in this article. 7. For the purposes of preventive verification of the archaeological interest referred to in article 38, paragraph 8, the technical and economic feasibility project relating to the interventions referred to in paragraph 1 of this article is sent by the contracting authority to the competent superintendency after fifteen days from the transmission of the technical-economic feasibility project to the Superior Council of Public Works. The results of the assessment of preventive subjectability of the archaeological interest are acquired during the conference of services referred to in article 38, paragraph 3. 8. In the presence of qualified disagreements pursuant to article 14-quinquies, paragraph 1, of the law 7 August 1990, n. 241, the procedure referred to in paragraphs 4, 5 and 6 of the same article may be replaced by the adoption of a decree by the President of the Council of Ministers, upon proposal of the Minister of Infrastructure and Transport, following a resolution of the CIPESS, integrated by the presidents of the regions or autonomous provinces involved, having consulted the Unified Conference referred to in article 8 of the legislative decree of 28 August 1997, n. 281. The aforementioned decree approves the technical-economic feasibility project of the infrastructures referred to in this article and produces the same effects referred to in article 38, paragraph 10. 9. The monitoring of infrastructures and priority settlements for the prevention and the repression of mafia infiltration attempts is implemented by a Coordination Committee established at the Ministry of the Interior, according to procedures approved by CIPESS resolution, on the proposal of the same Coordination Committee. The financial monitoring methods and procedures referred to in Article 36 of the Legislative Decree of 24 June 2014, n., also apply. 90, converted, with amendments, by law 11 August 2014, n. 114. EFFECTIVE FROM: July 1, 2023