7th August 2010 – Economic manoeuvre in Official Journal. Important simplified administrative dispositions for DIA (Notice of Commencement) and Services Conference

7th August 2010 – In relation to the ordinary supplement no. 174 to Official Journal no. 176 of 30 July, Act 30 July 2010, no. 122 has been published and contains the “Conversion into law, with amendments, of law decree 31 May 2010, no. 78, containing urgent measures in relation to financial stability and economic competitiveness”. Important simplifications for the Services Conference and DIA.

Several laws already contained in law decree no. 78 have been confirmed, in particular:

• Simplification of Services Conference (article 49)

In the event of operations or activities also subject to landscape authorisation, the superintendent’s verdict expressed at the services conference, when summonsed, is considered definitive in relation to all provisions within its authority, as per Legislative Decree 42/2004 (Code for cultural and landscape heritage), and when assent is considered to have been obtained by the relative administrations, including therein those bodies responsible for the protection of the territorial landscape and the environment, and excluding provisions relating to VIA, VAS and AIA whose representatives have not definitively expressed the consent of the relative administration.

• Certified notification of commencement (article 49)

Art. 19 in relation to the required notice of commencement under Act 241/1990, has been replaced by the discipline for certified notification of commencement. In particular, each act of authorisation, licence, concession, permit or nomination of “no impediment”, including applications for membership to orders or offices required for the exercise of a business activity whether commercial or artisan, has been replaced by a notification by the interested party. The notification replaces authorisation acts by the Public administration where authorisation depends exclusively on the verification of the requisites and essential requirements specified by the law or by administrative acts with a general content. No limitations, complex details or specific industry programming instruments are specified for the issue of said acts of authorisation, with a sole exception for those cases where environmental, landscape or cultural constraints exist and for those cases where acts are issued by administrations responsible for the national defence, public security, immigration, asylum, citizenship, department of justice and department of finance, including therein acts relating to revenue earning networks, even if derived from gaming, as well as those imposed by European Union normatives.
The new law is also extended to operations for which DIAs are required and where commencement is therefore possible on the same day on which notification is provided to the responsible administration, without waiting the 30 days specified by the previous discipline, withstanding the possibility to carry out verifications during operations.

• Green Certificates (article 45)

Renewed obligation by Gse to re-purchase surplus green certificates for production of energy from renewable sources, but with a 30% reduction compared to 2010 and effective from 2011, for expenses sustained by the Energy Services Manager for the collection of certificates expiring within the year The law also specifies that at least 80% of the 30% reduction in costs must derive from the containment of the number of surplus green certificates. The measure will be defined by a decree from the Department of Economic Development in collaboration with the Department of Finance and with input from electrical energy and gas authorities, with delivery by 31st December 2010.