Legislative Decree No. 1 of January 2, 2018: Civil protection code

DISCLAIMER: The English version is a translation of the original document in Italian for information purposes only. In case of any discrepancy, the Italian original will prevail.

THE PRESIDENT OF THE REPUBLIC
Having regard to Articles 76 and 87 of the Constitution;
Having regard to Article 117, third paragraph of the Constitution;

In view of law n.30 of March 16, 2017, bearing: "Delegation to the Government for the reorganization of the legislative provisions on the national civil protection system" which delegates the Government to adopt, within nine months from the date of entry into force of this law, one or more legislative decrees of recognition, reorganization, coordination, modification and integration of the current legislative provisions governing the National Civil Protection Service and its related functions, based on the principles of loyal cooperation and subsidiarity and in compliance with the principles and norms of the Constitution and European Union;
Given the preliminary resolution of the Council of Ministers, adopted at the meeting of 10 November 2017;
Having subscribed to the agreement during the Unified Conference, in the session of December 14, 2017;
Having heard the opinion of the State Council expressed by the Consultative Section for legislative acts in the meeting of 19 December 2017 and, in consideration of the comment made on article 9, paragraph 1, letter b), deemed to replace the words " in understanding "with the words" in joint agreement", whilst keeping the content of the same provision unaltered;
Having acquired the opinions of the parliamentary commissions responsible for the matter and for the financial profiles of the Chamber of Deputies and of the Senate of the Republic;
Having regard to the resolution of the Council of Ministers, adopted at the Meeting held on December 29, 2017; on the proposal of the President of the Council of Ministers, in agreement with the Ministers of the Interior, Defense, Foreign Affairs and International Cooperation, Labor and Social Policies, Environment and the Protection of Land and Sea, of the Economy and Finance, Cultural heritage activities and tourism, Infrastructure and transportation;
Issued the following Legislative decree:

Chapter I
Objectives, activities and composition of the National Service of civil protection

Art. 1
Definition and objective of the National Service of Civil Protection (Article 1-bis, paragraph 1, law 225/1992)

1. The National Service of Civil Protection, hereinafter referred to as the National Service, defined as being of public utility, is the system that performs the civil protection function consisting of a set of skills and activities aimed at protecting safety and life, physical integrity and property, settlements, animals and the environment from damage or threat of damage caused by disasters of natural origin or man-made.
2. The National Service contributes to the pursuit of the purposes provided for by the European Union legislation on civil protection.
3. The provisions of this decree are fundamental principles of civil protection for the purposes of exercising concurrent legislative power.
4. The provisions of this decree also apply to special statute regions and the autonomous provinces of Trento and Bolzano, compatibly with the respective autonomous statutes and related implementing rules. Without prejudice also to the forms and particular conditions of autonomy attributed under Article 116, paragraph 3 of the Constitution.
N O T E S
Warning:
The content of the hereby notes has been drafted by the administration responsible for the matter, pursuant to Article 10, paragraph 3, of the consolidated text of the provisions on the promulgation of laws, the issuing of decrees of the President of the Republic and official publications of the Italian Republic, approved by Decree of the President of the Republic n.1092 of December 28, 1985, for the sole purpose of facilitating the reading of the legal provisions to which the referral is made. The value and effectiveness of the legislative acts transcribed here remain unaltered.
Notes to the premise:
- The text of Art. 76 of the Constitution: "Art. 76. The exercise of the legislative function cannot be delegated to the Government except with determination of principles and criteria of management and only for a limited time and for defined objects »
Article. 87 of the Constitution, among other things, confers on the President of the Republic the power to promulgate laws and issue effective legislative decrees and regulations.
- text of Art. 117, third paragraph, of the Constitution bearing: "The following are matters of concurrent legislation concerning: international relations and relations with the European Union; foreign trade; labor protection and safety; education, without prejudice to the autonomy of educational institutions and excluding education and vocational training; professions; scientific and technological research and innovation support for the productive sectors; health protection; supply; sports organization; civil protection; government of the territory; ports and civil airports; large scale transport and navigation networks; communication regulations; production, transportation and national distribution of energy; retirement and supplementary pension; harmonization of public budgets and coordination of public finance and tax system; enhancement of cultural and environmental heritage, promotion and organization of cultural activities; bank savings, rural banks, regional credit companies; Land and agricultural credit institutions of regional nature. In matters of concurrent legislation, legislative powers are the responsibility of the Regions, except for the determination of the fundamental principles, reserved to the State legislation.»
Law n.30 of March 16, 2017, bearing the following : "Delegation to the Government for the reorganization of legislative provisions on the national system of civil protection." published in the EU Official Journal of March 20, 2017, n. 66.

Notes on Art. 1:
- Reported here below is the text of Art. 116, paragraph 3 of the Constitution :
«Further special forms and conditions of autonomy, concerning the matters referred to in the third paragraph of art. 117 and the matters indicated in the second paragraph of the same article in letters l), limited to the organization of the justice of peace, n) and), may be attributed to other Regions, with the law of the State, at the initiative of the Region concerned, after hearing the local authorities, in compliance with the principles set forth in art. 119. The law is approved by the Chambers by an absolute majority of the members, on the basis of agreement between the State and the Region concerned".
Art. 2
Civil protection activities (Articles 3, 3-bis, paragraphs 1 and 2, and 5, paragraphs 2 and 4-quinquies, Law 225/1992, Article 93, paragraph 1, letter g), Legislative Decree 112/1998; Article 5, paragraph 4-ter, Decree-Law 343/2001, conv. law 401/2001)
1. Civil protection activities are aimed at forecasting, prevention and mitigation of risks including emergency management operations and recovery from disasters.
2. Forecasting activities consist of a range of operations implemented jointly with the relevant competent scientific, technical and administrative subjects for the identification and research of potential risk scenarios needed to alert the National Civil Protection Service when necessary and for the planning of civil protection activities.
3. Prevention consists of a range of activities both structural and non-structural, carried out according to an integrated system, aimed at avoiding or reducing the damage caused by calamity events also on the basis of knowledge and skills acquired thanks to forecasting activities.
4. Non-structural civil protection prevention activities include the following operations:
a) National Service alert operations that include alerting the National Service, early warning activities in probabilistic terms, where possible and based on available knowledge, monitoring and real-time monitoring of events and consequent evolution of risk scenarios;
b) civil protection planning activities, as provided by in Art. 18;
c) National Service operators training and development/update of professional skills and competence;
d) application and update of relevant technical legislative instruments;
e) dissemination of knowledge and culture of civil protection, also by the involvement of educational institutions, with the aim of promoting community resilience and the adoption of conscious behavior and self-protection measures by the citizens and communities;
f) information to the population on risk scenarios and related behavior standards as well as on civil protection planning;
g) promotion and organization of exercises and other training activities, including through the involvement of the communities, across national territory in order to promote an integrated and participated exercise of the civil protection function.
h) the activities referred to in this paragraph carried out abroad, bilaterally, or within the framework of Italy's participation in the European Union and international organizations, in order to promote the integrated and participated exercise of the civil protection function;
i) the activities aimed at ensuring the link between civil protection planning, territorial planning and administrative procedures of territorial management for the aspects of responsibility of the various components.
5. Civil protection structural prevention activities involve the following:
a) participation in the development of national and regional guidelines for the definition of policies for structural prevention of natural risks or risks arising from human activities and their implementation;
b) participation in the planning of interventions aimed at mitigating natural or man-made risks and their implementation;
c) execution of structural measures to mitigate risks during calamitous events, in line with existing coordination methods and planning instruments;
d) integrated structural and non-structural prevention actions for civil protection purposes referred to in Article 22.
6. Emergency management consists of an integrated and coordinated set of measures and interventions aimed at ensuring relief and assistance to populations and animals affected by disasters and reducing their impact, including through the implementation of urgent operations through the use of simplified procedures, and related information dissemination to the population.
7. Overcoming the emergency consists in the coordinated implementation of measures to remove obstacles for the recovery of normal living and working conditions, to restore essential services and to reduce the residual risk in the areas affected by disasters, as well as the recognition of needs for the restoration of damaged public and private facilities and infrastructures, as well as the damages suffered by businesses and productive activities, cultural heritage and building stock and the implementation of the consequent first measures to face them.

Art. 3
The National Civil Protection Service (Article 1-bis, paragraphs 2 and 3, Law 225/1992, Article 5, paragraphs 1 and 2, Decree-Law 343/2001, Law 401/2001, Article 14, paragraphs 27 and ss ., decree-law 78/2010, law decree 122/2010).

1. The civil protection authorities are part of the National Service which, according to the principle of subsidiarity, differentiation and adequacy, guarantee the unity of the legal system by exercising, in relation to their respective spheres of government, the political functions within the field of civil protection that are:
a) the President of the Council of Ministers, as a national civil protection authority and holder of relevant policies;
b) the Presidents of the Regions and Autonomous Provinces of Trento and Bolzano, as local civil protection authorities and based on the legislative power attributed, limited to the bodies belonging or under the respective administrations;
c) the town mayors and metropolitan city mayors, as local civil protection authorities limited to the bodies belonging or under the respective administrations.
2. The National Service is made up of components, national and regional operational structures as well as competitors pursuant to Article 13, paragraph 2. In accordance with the respective laws and within the framework of the provisions of this decree, they operate with reference to the areas of government of the respective authorities referred to in paragraph 1:
a) the Department of Civil Protection, of which the President of the Council of Ministers makes use of the function of guiding and coordinating the National Service and ensures unified national representation in the European Union and international organizations in the field of civil protection, without prejudice to the competences of the Ministry of Foreign Affairs and International Cooperation, as well as Prefectures - Territorial Government Offices;
b) The Regions hold concurrent legislative power in the field of civil protection and the Autonomous Provinces of Trento and Bolzano, holders of exclusive legislative power in the matters provided for by the special statute and the related implementing rules;
c) The Municipalities, also in aggregate form, the metropolitan cities and the provinces as large area administrations as per law April 7, 2014, n. 56, according to the organizational methods regulated therein.
3. The basic articulation of the civil protection function at territorial level is organized within the planning referred to in Article 18, which, in compliance with the principles of subsidiarity, differentiation and adequacy, defines the optimal territorial and organizational spheres identified by the Regions, on the basis of the general criteria established pursuant to Article 18, paragraph 3 and consisting of one or more municipalities, to ensure the effective performance of the activities referred to in Article 2, also in derogation of the provisions set out in 'Article 14, paragraphs 27 et seq., of the Decree-Law of 31 May 2010, n. 78, converted, with amendments, by the law of 30 July 2010, n. 122, and subsequent modifications.
Notes to Art. 3:
Law n. 56 of April 7, 2014, bearing «Dispositions on the metropolitan cities, provinces and merged municipalities» published on the EU Official Journal of April 7th 2014, n. 81. – The text of Art. 14, paragraphs 27 and following of the Decree-Law of May 31, 2010, n. 78, containing «Urgent measures in the matter of financial stabilization and economic competitiveness», converted, with amendments, by law n. 122 of July 30, 2010,: Article 14 (Internal Stability Pact and other provisions on local authorities):
«27. Without prejudice to the planning and coordination functions of the regions, in the matters referred to in art. 117, third and fourth paragraphs, of the Constitution, and the functions exercised pursuant to art. 118 of the Constitution, the fundamental functions of the municipalities, pursuant to art. 117, second paragraph, letter p), of the Constitution are:
a) general organization of the administration, financial, accounting and audit management;
b) organization of general public services in the municipal area, including municipal public transport ;
c) property registry, with the exception of the functions maintained to the State by the regulations in force;
d) urban planning and municipal building planning as well as participation in territorial planning at a supra-municipal level; e) activities in the municipal area of civil protection planning and coordination of first emergency relief operations;
f) the organization and management of waste in all its phases from collection , to disposal and recycling of urban waste materials and the waste service tax collection ;
g) planning and management of the local system of social services and provision of the related services to citizens, according to the provisions of Art. 118, fourth paragraph, of the Constitution;
h) school buildings that are not under the provinces competence, organization and management of school services;
i) municipal police and local police;
l) keeping records of civil and population status and tasks relating to registry services as well as electoral services, in the exercise of the functions of state competence; l-bis) statistical services.
28. Municipalities with population up to 5,000 or 3,000 inhabitants belonging to mountain communities, excluding municipalities whose territory fully coincides with that of one or more islands and the municipality of Campione d'Italia, exercise in associated form, through the union of municipalities or convention, the basic functions of the municipalities referred to in paragraph 27, with the exception of letter l). If the exercise of these functions is linked to information and communication technologies, the municipalities obligatorily exercise them in an associated form according to the modalities established by this article, it being understood that these functions include the construction and management of technological infrastructures, network data, voice, devices, databases, software applications, software licensing, IT training and IT consultancy. 28-bis. For the unions referred to in paragraph 28 the art. 32 of the consolidated text referred to in the legislative decree of 18 August 2000, n. 267, and subsequent modifications.
29. Municipalities cannot perform the fundamental functions implemented in associated form individually. The same function cannot be carried out by more than one associative form.
30. The region, as according to Art. 117, third and fourth paragraphs, of the Constitution, identifies, after consultation with the municipalities concerned within the Council of Local Autonomies, the optimal and homogeneous territorial dimension by geographical area for the development, in a compulsorily associated form by the municipalities of the functions and fundamental principles referred to in paragraph 28, according to the principles of effectiveness, economy, efficiency and cost reduction, in compliance with the association forms provided in subsection 28. In the context of regional legislation, municipalities begin the exercise of fundamental functions in associated form within the time limit indicated by the same legislation.
31. The minimum demographic limit of the unions and conventions referred to in this article is set at 10,000 inhabitants, that is 3,000 inhabitants if the municipalities belong or belonged to mountain communities, provided that, in this case, the unions are formed by at least three municipalities, and without prejudice to the different demographic limit and possible exceptions due to particular local geographic conditions, identified by the region. The limit does not apply to those municipalities that have already been merged (31-bis). The agreements referred to in paragraph 28 have a duration of at least three years and to the same municipalities art. 30 of the legislative decree 18 August 2000, n. 267 applies. If at the end of the aforementioned period, the achievement of significant levels of effectiveness and efficiency in the management, according to procedures established by decree of the Minister of the Interior, to be adopted within six months, after having heard the State-City Conference and local autonomies, the municipalities concerned are obliged to exercise the fundamental functions exclusively through the union of municipalities.
31-ter. The municipalities involved ensure the proper implementation of this article’s provisions:
a) by January 1st 2013 with regard to at least three of the fundamental functions referred to in paragraph 28;
b) by September 30, 2014, with regard to three more of the fundamental functions referred to in paragraph 27; b-bis) by December 31, 2014, with regard to the remaining fundamental functions referred to in paragraph 27.
31-quater. In the event of the expiry of the terms referred to in paragraph 31-ter, the prefect shall assign to the defaulting bodies a peremptory period within which to resolve the issue. Once the term has passed in vain, art. 8 of law n.131 of June 5th 2003 will apply.
31-quinquies. As part of the associative processes referred to in paragraphs 28 et seq., personnel expenses and recruitment faculties are considered cumulatively among the bodies involved, guaranteeing forms of compensation between them, without prejudice to the restrictions set by the current provisions and invariance of the total expenditure considered.
32.
33. The provisions of art. 238 of legislative decree n.152 of April 3, 2006, are interpreted as meaning that the nature of the tariff provided therein is not taxable. The disputes relating to the aforementioned tariff, which arose after the date of entry into force of this decree, fall within ordinary judicial jurisdiction.
33-bis. The following modifications apply to Art. 77-bis of legislative decree n.112 of 25 June 2008, converted with amendments:
a) the following paragraph has been included after par. 4 : «4-bis. For those bodies which during the 2007-2009 years (including fractions of a year) the advisory board was commissioned pursuant to art. 143 of the Consolidated Law on the regulation of local authorities, as per Legislative Decree n.267 of 18 August 2000, and subsequent amendments, the same rules of the bodies referred to in paragraph 3, letter b) of this article shall apply for the purposes of the internal stability pact, taking as reference basis the accounting results of the financial year preceding the one subject to internal stability pact regulations.»;
b) after paragraph 7-quinquies, the following was inserted: «7-sexies. In the financial balance referred to in paragraph 5 the resources deriving from the transfers pursuant to paragraphs 704 and 707 of art. 1 of the law of 27 December 2006, n. 296, nor the related capital expenditure incurred by the municipalities. Exclusion of expenses operates even if carried out over several years, provided they are within the overall limits of the same resources».
33-ter. Public finance costs derived from paragraphs 14-ter and 33- bis are provided as follows:
a) as per € 14.5 million for the year 2010, of which € 10 million for paragraph 33-bis, letters a) and b), by cutting the percentage referred to in paragraph 11 from 0.78 to 0.75 per cent, in relation to the need and net value of the debt, and for 2 million for the year 2010 relating to the second to last and final period of paragraph 14-ter, related to the net balance to be financed, by a corresponding reduction of the Fund's provision for structural economic policy operations pursuant to art. 10, paragraph 5, of the Decree-Law n. 282 of 29 November 2004, converted, with amendments, by law n. 307 of December 27, 2004;
b) as per the 10 million euro of paragraph 33-bis, letters a) and b), for each of the years 2011 and subsequent and for 2.5 million euro for paragraph 14-ter for each of the years 2011 and 2012 by means of the corresponding restatement of the financial targets envisaged pursuant to paragraph 1, letter d), which for this purpose are consequently adequate with the resolution of the State-city Conference and local autonomies envisaged pursuant to paragraph 2, eighth period, and acknowledged by the annual decree of the Minister of the Interior therein. 33-quater. The deadline of January 31, 2009, provided for by Art. 2-quater, paragraph 7 of the Decree-Law n.154 of 7 October 2008, converted, with amendments, by law n.189 of December 4, 2008, for the transmission to the Ministry of the Interior of the declarations, already presented, attesting the lower revenue of the municipal tax on buildings deriving from buildings belonging to the cadastral group D per each of the years 2005 and earlier, is deferred to 30 October 2010».

Art. 4
Components of the National Service of civil protection (Articles 1-bis, paragraph 3, and 6 law 225/1992)
1. The State, the Regions and Autonomous Provinces of Trento and Bolzano and the local authorities are members of the National Service and provide for the implementation of the activities referred to in Article 2, according to their respective laws and competence.
2. The components of the National Service of civil protection may enter into agreements with the operational facilities and concurrent subject as per Art. 13, paragraph 2 or other public subjects.
3. The components of the National Service who hold or manage information useful for the purposes of this decree, are required to ensure its circulation and dissemination within the Service, in compliance with the current provisions on transparency and protection of personal data, where not covered by state secrets, or not related to public order and security and to the prevention and repression of crimes.

Art. 5
Attributions by the President of the Council of Ministers (Article 1-bis, paragraph 2, law 225/1992; Art. 5, paragraphs 1 and 2, law-decree 343/2001, conv. law 401/2001)
1. The President of the Council of Ministers, for the achievement of the purposes of the National Service, holds the powers of ordinance in matters of civil protection, which may exercise, unless otherwise established by the resolution referred to in Article 24, through the Head of the Civil Protection Department, and determines civil protection policies for the promotion and coordination of the activities carried out by central and peripheral State administrations, regions, metropolitan cities, provinces, municipalities, national and regional public bodies and any other public or private institution and organization present on the national territory.
2. The President of the Council of Ministers, with directives to be adopted pursuant to Article 15, prepares the guidelines for conducting, in a coordinated form, the civil protection activities referred to in Article 2, in order to ensure their unity in compliance of the peculiarities of the territories .
3. The Government reports annually to the Parliament on civil protection activities as well as on the use of the National Fund for Civil Protection, the Regional Civil Protection Fund and the National Emergency Fund referred to in Chapter VI.

Art. 6
Responsibilities of the local civil protection authorities (Article 1-bis, paragraph 2, law 225/1992; Article 5, paragraph 5, legislative decree 343/2001, conv. law 401/2001)
1. In compliance with the directives adopted pursuant to Article 15 and the provisions of regional legislation, the Statutory Auditors, in accordance with the provisions of Legislative Decree n. 267 of August 18, 2000, the metropolitan mayors and the presidents of the regions, as territorial civil protection authorities, exercise the supervisory functions on the integrated and coordinated development of the same activities by the structures belonging to the respective administrations. The local civil protection authorities are responsible, with reference to the areas of government and to the functions of competence and in compliance with the applicable regulations in force:
a) reception of national addresses in the field of civil protection;
b) promotion, implementation and coordination of activities stated in Art. 2 carried out by the coordination structures of each specific competence;
c) the allocation of financial resources aimed at carrying out civil protection activities, consistently with the actual requirements of the functions to be exercised, as regulated in the planning referred to in Article 18;
d) distribution of the coordination structures responsible for the civil protection functions and the assignment, to the same structures, of adequate personnel with specific professional skills, also with reference to the activities of supervision of the operating theaters, the network of the functional centers including the implementation of activities by the local centers;
e) regulation of procedures and methods of the administration of structures and bodies of reference, specific and simplified to the scope of ensuring operational preparedness and response in case of disaster as per Article 2.
Notes to Art. 6:
Legislative decree n. 267 of August 18, 2000, bearing the «Consolidated text of laws on the organization of local authorities " published in the Official Journal of September 28, 2000, n. 227, S.O.
Chapter II
Organization of the National Service of civil protection
Section I
Civil protection events

Art. 7
Type of civil protection emergency event (Article 2, law 225/1992)
1. For the purposes of carrying out the activities referred to in Article 2, the civil protection emergency events are divided in the following:
a) emergencies connected with disasters of natural origin or deriving from human activity that can be faced by means of actions that can be implemented by the individual bodies and administrations that are competent in an ordinary way;
b) emergencies connected with natural or man-made disasters which by their nature or extension require a coordinated response by several bodies o administrations as they must be faced through the deployment of extraordinary means to be implemented for a predefined period of time , regulated by the Regions and autonomous provinces of Trento and Bolzano according to their legislative power;
c) emergencies of national importance connected with natural origin or man-made disasters which, by reason of their intensity or extension, must, with immediate intervention, be faced with extraordinary means and powers to be employed during limited and predefined periods of time pursuant to Art. 24.
Section II
Organization of the National Service of civil protection

 

Art. 8 Functions of the Department of civil protection under the Presidency of the Council of Ministers (Article 1-bis, paragraph 3, law 225/1992; Article 107 Legislative decree 112/1998; Article 5, paragraph 4, 4-ter, 5 and 6, legislative decree 343/2001, conv. Law 401/2001; Article 4, paragraph 2, legislative -decree 90/2005, conv. law152/2005)

1. The President of the Council of Ministers, makes use of the Department of Civil Protection under the Presidency of the Council of Ministers, for the performance of the following tasks which, within the activities referred to in Article 2, have national importance:
a) the direction, promotion and coordination of the activities of central and peripheral State administrations, of the regions, of the municipalities and of the related forms of aggregation or aggregate exercise of functions, of metropolitan cities, of the provinces as wide jurisdiction areas as per law n.56 of 7 April 2014, according to the organizational methods regulated therein, of national and local public bodies and any other public or private institution and organization present on the national territory in the field of civil protection, including through the activation of an observatory on good practices in civil protection activities;
b) the development of provisions finalized to the management of foreseen or on going emergency crises at national scale;
c) drafting of proposals and directives as per Article 15;
d) development and coordination of national relief plans in reference to specific scenarios, containing the intervention model for the coordination of response operations in case or in view of disasters of national scale;
e) coordination of the intervention of the National Service, in response to national emergencies, on the basis of information acquired through a continuously operating national operational room, with the aim of ensuring assistance and relief to the affected populations, carried out with the Regions and Autonomous Provinces of Trento and Bolzano concerned and, in conjunction with the Prefects;
f) general programming of civil protection training activities , in conjunction with the Regions and autonomous provinces of Trento and Bolzano;
g) promotion of studies and research on the forecasting and prevention of natural origin or man-made risks;
h) the implementation (to evaluate the national plans put in place), of civil protection Exercises, in agreement with the interested regions and local authorities;
i) the definition of general criteria to identify earthquake prone areas and participation in the drafting process of technical provisions for the construction in those same areas pursuant to Art.93, paragraph 1d, letter g) of the legislative decree n. 112 of March 31, 1998;
l) the coordination of the National Service’s participation to the policies of EU civil protection as responsible authority pursuant to Art. 29 of decision n. 1313/2013/UE of the European Parliament and Council of December 17, 2013, and coordination of the National Service operations in case of emergency abroad, on a bilateral basis or in the framework of the European Union’s actions and international bodies, to ensure relief and assistance to the population hit by disaster, with the modalities provided in Art.29 and without prejudice to the responsibilities of the Ministry of Foreign Affairs and International Cooperation and of the Italian Agency for Development Cooperation;
m) the formulation of requests of international assistance to the European Union or to the international community to integrate relief operations by the National Service;
n) the host-support coordination of the hosting country as per decision n. 1313/2013/UE.
2. The Civil Protection Department participates in the elaboration of national guidelines for the definition of the structural prevention policies of natural risks or deriving from human activities and their implementation. To this end, the representation of the Civil Protection Department is integrated into the commissions, committees or competent bodies of national importance and planning, to address and coordinate these activities, on the basis of measures to be adopted by the competent authorities within 90 days of the date of entry into force of this decree. The Civil Protection Department expresses opinions and proposals on the documents produced, in this regard, by the Administrations in charge, where envisaged or at the request of the Administration itself.

Notes to Art. 8:
Law n. 56 of April 7, 2014, containing "Provisions on metropolitan cities, provinces, unions and mergers of municipalities" is published in the Official Gazette n.81 of April 7, 2014. - The text of the art. 93, paragraph 1, letter g) of Legislative decree n.112 of March 31, 1998, on the "Conferral of functions and administrative tasks of the State to the regions and local authorities, in implementation of Chapter I of the Law n.59 of March 15, 1997, : "Article 93. (Functions maintained to the State) 1. The functions maintained under the State’s responsibility are related: (Omissis)
g) to the general criteria for the identification of seismic zones and the technical standards for buildings in the same areas; ». - The text of the art. 29 of the Decision of the European Parliament and of the Council of December 13, 2013, n.1313 / 2013 / UE on a Union civil protection mechanism, published in the G.U.U.E. December 20, 2013, n. 347: "Art. 29. (Competent authorities). For the purposes of applying this Decision, Member States shall designate the competent authorities and notify the Commission thereof ».

Art. 9
Functions of the Prefect in the framework of the National Service of civil protection (Articles 6 and 14, law 225/1992; Article 1, paragraph 1, letter d), item 1), legislative decree 59/2012, conv. law 100/2012)

1. In case of those emergency events referred to in Article 7, paragraph 1, letters b) and c), or in their imminence or in the event that the occurrence of such events is announced as per Article 2, paragraph 4, letter a), the Prefects, within the limits of their territorial jurisdiction:
a) ensure a constant flow and information exchange with the Department of Civil Protection, the Region, the Municipalities, as provided for in the planning referred to in Article 18, and the Fire Department , public relief operators and civil defense of the Ministry of Interior;
b) assume in the immediacy of the event in conjunction with the President of the regional council and in coordination with the regional structure of civil protection, the full management of all emergency services to be activated at the provincial level, ensuring the implementation of the provincial civil protection plan , drawn up in accordance with articles 11, paragraph 1, letter b) and 18, coordinating them with the response operations carried out by the municipalities concerned, on the basis of the related civil protection plan, also in order to guarantee the immediate activation of first emergency relief assistance to the population;
c) promote and coordinate the adoption of provisions needed to ensure intervention by the State bodies present on the provincial territory;
d) supervise the implementation of urgent services, including technical ones, at provincial level, reporting, in the manner referred to in letter a), any need for further competitions in agreement with the President of the Regional Council;
e) activate the State bodies and administrations , also pursuant to the article 13 , paragraph 4, of law n. 121 of April 1st , 1981, and ensure their joint collaboration also with representatives at the municipal operational centers.
2. The Prefect, for the purposes of carrying out the tasks referred to in paragraph 1 and for the coordination of emergency services at the provincial level, shall take all the measures of his/her competence necessary to ensure first relief operations at the provincial, municipal or field level pursuant to Article 3, paragraph 3, within the framework of the provisional coordination bodies provided for in the directive referred to in Article 18, paragraph 4.
3. The provisions in force in the legal system of the Autonomous Region of Friuli Venezia Giulia, of the Autonomous Region of Sardinia, of the Autonomous Region of Valle d'Aosta and of the Autonomous Provinces of Trento and Bolzano continue to apply.
Notes to Art. 9:
- Here reported is the text of Art. 13, paragraph 4 of law n. 121 of 1 April 1981, on the "New order of the Public Security Administration": "Art. 13. (Prefect) (Omissis). For this purpose, the prefect must be promptly informed by the commissioner and by the provincial commanders of the Carabinieri and the Revenue Guard about how much it relates to the order and public safety in the province ».

Art. 10
Functions of the National Fire Department in the framework of the National Service of civil protection (Article 11, paragraph 1, law 225/1992)

1. In case of emergency events as per the hereby decree, the national Fire Brigade Corp being a crucial component of the national civil protection service ensures the most urgent technical search and rescue operations takin on the direction and responsibility in the immediate through the technical-operational coordination and collaboration with other components of the facilities involved.
2. The technical rescue operations provided in paragraph 1 in the framework of activities as per Art.2, paragraph 6, of the present decree are aimed to ensure the safety of people and security operations also collaboration with other subjects, for the purpose of safeguarding public safety against imminent dangers, places, and facilities.
3. The National Fire Brigade Corp being an operational facility under the National Service of civil protection according to the modalities and responsibilities foreseen by its order and its activities as per Art.2, paragraph 7.
4. The directive referred to in Article 18, paragraph 4, contains the minimum technical contents for the effective fulfillment by the National Fire Department of the assignments referred to in this article.

Art. 11
Functions of the Regions and discipline of the functions of metropolitan cities and provinces as extended areas bodies within the National Civil Protection Service (Articles 6, 12 and 13 of Law 225/1992; Article 108 of Legislative Decree 112/1998; 1-bis Decree-Law 59/2012, under Law 100/2012, Article 1, paragraphs 85 to 97, Law 56/2014)

1. The Regions and the autonomous Provinces of Trento and Bolzano, while exercising their respective legislative and administrative power regulate the organization of civil protection systems in the framework of their respective territories, ensuring the implementation of civil protection activities pursuant to Art.2 , more specifically with regard to:
a) the procedures for the preparation and implementation of activities aimed at forecasting and preventing risks, broken down as provided for in article 2, paragraphs 2, 3, 4 and 5, as well as the activities referred to in paragraphs 6 and 7 of the same article, including the procedures aimed at the adoption and implementation of the regional civil protection plan, which establishes criteria and methods of intervention to be followed in the event of an emergency and which identifies, in compliance with the general criteria defined pursuant to Article 18, paragraph 4, the optimal territorial areas and connected organizational criteria;
b) the orientation for the preparation of provincial plans in compliance with the provisions stated in letter o), and civil protection municipal plans, including the review and periodic evaluation of the same plans;
c) the modalities to ensure the collaboration of the respective civil protection regional systems and national scale activities, also benefiting from the national Fire Brigade Corps through specific actions aimed at regulating the necessary functional support;
d) the management of the regional operating room, also aimed at information exchange with the Department of Civil Protection, Prefectures and Municipalities;
e) the organization and order of its structure as well as its offices for the purpose of exercising the activities referred to in paragraph 2 and the regulation of procedures and procedures for the organization of the specific, simplified technical, operational and administrative actions to the preparation of the structures and the means necessary for the performance of the related activities, in order to ensure their operational and response readiness during or in view of the events referred to in Article 7 pursuant to Article 2, paragraph 2, of legislative decree n.66 of April 8, 2003, and subsequent modifications;
f) the procedures for resolving the state of emergency referred to in Article 7, paragraph 1, letter b) and for carrying out the consequent activities, pursuant to the provisions of articles 24, paragraph 9, and 25, paragraph 11;
g) the methods of coordination, without prejudice to the powers of the Prefect referred to in Article 9 and of the National Fire Department as referred to in Article 10, of the implementation of urgent interventions and the performance of emergency services in case of emergencies as per Article 7, paragraph 1, letter b), ensuring its integration with the interventions implemented by the Municipalities, on the basis of the related civil protection plan;
h) the preparation , management and activation of the regional mobile deployment resources including also the volunteer organizations as per Art.34, paragraph 3, letter a), for those relief operations needed in case of calamity events as per Art.7;
i) the procedures to organize the necessary activities to remove obstacles for the recovery of normal living conditions in areas affected by disasters;
l) the collaboration for interventions abroad through the activation of regional resources included in the European modules with the procedures set out in Article 29;
m) the extinguishing of forest fires, without prejudice to state powers in this area, in accordance with the provisions of law n. 353 of 21 November 2000, and subsequent modifications and by the legislative decree n. 17 of 19 August 2016;
n) the measures for coordination and use of organized civil protection volunteering at local level, as well as related forms of representation on a democratic basis;
o) the attribution, with the modalities foreseen by law n.56 of April 7, 2014, and unless otherwise governed by regional laws, the provinces, as broad area entities, responsible of functions in the field of civil protection, including related resources, with particular regard to those concerning:
1) the implementation , within the provinces, of risk forecasting and prevention , established in the regional programming with the adoption of the administrative provisions or reference and in particular the related survey tasks, collection and elaboration of relative data on the provincial territory;
2) the preparation of civil protection provincial plans based on the regional addresses as per letter b) in collaboration with the Prefectures ;
3) supervision of the dispositions in place by civil protection structures as per urgent services, even of technical nature, to be activated in case of emergencies,
p) the modalities to enhance training activities in the field of forecasting, prevention and management of emergency situations and in general aimed at raising awareness on civil protection matters with particular reference to local administrators and operators and the bodies and institutions of regional civil protection systems.
2. regarding the resources available under current legislation, the Regions, for the implementation of the regional civil protection plan referred to in letter a) of paragraph 1, may provide for the establishment of a fund, registered in the regional budget, for those interventions foreseen by the same plan and of the territorial services of the Municipalities of reference to face the first phases of the emergency.
3. The regions on the basis of general criteria as per Article 18, paragraph 4, encourage the identification of an optimal organization of civil protection structures at local municipal level with the purpose of guaranteeing an effective civil protection operability, by identifying the forms also in aggregate form to ensure continuity throughout the whole territory, in compliance with art. 3, paragraph 2, letter b), including the organization of support forms for relief operations to activate in case of emergency as per article 7, paragraph 1, letter a).
4. The functions referred to in paragraph 1 are governed by the Regions ensuring their updating and general consistency with the directives adopted pursuant to Article 15 on the matter.
Notes to art. 11:
- The text of Art. 2, paragraph 2 of legislative decree n.66 of April,8 2003, on the «Implementation of Directives 93/104 / EC and 2000/34 / EC concerning certain aspects of the organization of working time».
«Art. 2 (Scope of application) (Omitted) As per civil protection services, including those of the National Fire Brigade, from the judicial, penitentiary structures and for institutional purposes to the bodies responsible for public order and security, libraries, museums and archaeological areas of the State the provisions contained in this decree are not applied in case of particular needs related to the service performed or reasons related to civil protection services, as well as other services performed by the National Fire department fire, as identified by decree of the Minister in charge , in agreement with the Ministers of Labor and Social Policies, Health, Economy and Finance and for the public service, to be adopted within one hundred and twenty days from the date of entry into force of the present decree.».
Law n.353 of 21 November 2000, concerning forest fires is published in Official Journal n. 280 of 30 November 2000.
Legislative decree n. 177 of August 19, 2016, containing "Provisions on the rationalization of police functions and absorption of the State Forestry Corps, pursuant to Art. 8, paragraph 1, letter a), of law n.124 of August 7, 2015, regarding the reorganization of public administrations "is published in the Official Journal n.213 of September 12, 2016. The law 7 April 2014, n. 56, on "Provisions on metropolitan cities, provinces, unions and mergers of municipalities" is published in the Official Journal n.81 of April 7, 2014.

Art. 12
Functions of the Municipalities and exercise of the associated function within the National Civil Protection Service (Articles 6 and 15 Law 225/1992, Article 108 Legislative Decree 112/1998, Article 12 Law 265/1999, Article 24, Law 42/2009 and related legislative decrees of implementation Article 1, paragraph 1, letter e), Decree-Law 59/2012, conv. law 100/2012; Article19 Decree-Law 95/2012, conv. Law 135/2012)

1. The activities of civil protection planning and relief management at municipal level as per the structures of reference represent a fundamental function carried out by the Municipalities.
2. For the implementation of the function stated at paragraph 1, the municipalities also in joint form, as per Article 1, paragraph 1, of law n.56 of April 7, 2014, ensure the implementation of civil protection activities in the territories of reference in compliance with the planning regulations stated in Art. 18, according to dispositions provided in the present legislative decree, as per Art.3, regional legislation in matters of civil protection , consistently with the provisions of legislative decree n. 267 of August 18, 2000, and following amendments, particularly in continuity with:
a) the implementation, within the municipal area, of the activities of risk prevention referred to in Article 11, paragraph 1, letter a) b) to the adoption of all measures, including those relating to emergency planning, necessary to ensure the first rescue operations in case of disastrous events at municipal level;
c) the organization of its offices and the regulation of measures and procedures for organizing specific and simplified administrative activities to provide for the preparation of the structures and means necessary for the performance of the related activities, in order to ensure their operational preparedness and response in case of , or in view of, the events referred to in Article 7;
d) the regulation of deployment of qualified personnel to be mobilized, in case of disaster occurring in territories under other municipalities, in support of the local administrations affected;
e) the drafting of civil protection municipal plans in compliance with Art. 3, paragraph 3, also in joined and or cooperative form in accordance with the respective national and regional guidelines for their best implementation;
f) immediately following emergency outbreak as per Art.7 , the activation and coordination of first relief operations to the population and most urgent operations to cope with the disaster occurred;
g) coordination and supervision of activation of local civil protection structures and urgent services;
h) the deployment of civil protection volunteers at municipal or local level, pursuant to Art.3. paragraph 3, in compliance with national and regional guidelines.
3. The organization of the activities referred to in paragraph 2 in the municipal territory is structured according to the provisions of the civil protection planning referred to in Article 18 and in the regional guidelines, where the procedures for managing emergency services that affect the territory of the municipality, in accordance with the provisions of Article 3, paragraph 2, letters b) and c).
4. The municipality approves by council deliberation the municipal civil protection, drafted in accordance to the directives adopted in compliance with Article 15 and with the regional guidelines stated in Article 11, paragraph 1, letter b); the resolution also regulates the mechanisms and procedures for the periodic revision and updating of the plan, possibly referring to acts of the Mayor, the Board or competent administrative structure, as well as the methods of dissemination to the citizens.
5. The mayor, as stated in legislative decree n.267 of August 18, 2000, and consequent amendments, is also responsible for the following civil protection tasks:
a) adoption of urgent dispositions in compliance with Article 54 of legislative decree n.267 of August 18, 2000 with the objective of preventing and eliminating severe dangers for the public safety also based on the assessments made by the civil protection structure as per the planning of civil protection provided in Art.18, paragraph 1, letter b);
b) initiatives by the Municipality of information dissemination to the population on the risk scenarios, the civil protection planning and hazardous situations determined by natural risks derived by man-made activities;
c) coordination of assistance to the population hit by disaster in its local territory by the municipality that is responsible for the first emergency relief operations and activating the provided civil protection plan, ensuring the constant update of information flow with the Prefect and the President of the Regional in case of disaster events as per Art.7, paragraph 1, letter b) or c) .
6. When the natural disaster or the event cannot be faced with the means available to the municipality or as provided for in the planning referred to in Article 18, the Mayor calls for the intervention of other regional forces and operational structures to the Region and of national operational forces and structures to the Prefect, who adopts the due measures by coordinating interventions with those of the Region; for these purposes, the Statutory Auditor ensures constant updating of the information flow with the Prefect and the President of the Regional Council in the course of emergency, also managing the information dissemination to the population.
7. Without prejudice to the specific dispositions referred in ‘Roma capitale’ pursuant to Art. 24 of law n.42 of May 5, 2009 and consequent amendments and related legislative decrees.

Notes to art. 12:
- the text of Art.1, paragraph 1 law n. 56 of April,7 2014, states the following «Provisions on metropolitan cities, provinces, unions and mergers of municipalities »:
« Art. 1. 1. This law sets out provisions on metropolitan cities, provinces, unions and mergers of municipalities in order to adapt their system to the principles of subsidiarity, differentiation and adequacy.».
The legislative decree n.267 of August 18, 2000, on the "Consolidated Law on the regulation of local authorities" is published in the Official Journal n.227 of September 28, 2000, S.O. - The text of the art. 54 of the legislative decree n.267 of August 18, 2000: "Art. 54. (Attributions of the mayor in the functions of state competence)
1. The mayor, as official of the Government, supervises: a) the issuing of the acts attributed to him by the law and regulations concerning public order and security; b) carries out the functions entrusted to him by law in matters of public security and judicial police;
c) monitoring and supervising the safety and public order while informing the prefect.
2. The mayor, in his exercise as stated in paragraph 1, guarantees cooperation between the local police and the state police in the framework of the coordination guidelines established by the Ministry of Interior - Public Security National authority.
3. The mayor, as Government official, also oversees the keeping of civil and citizen records and the duties required by the law on electoral matters, military service, census and statistics.
4. The mayor, as an official Government authority, adopts urgent provisions in compliance with the general principles of the legal system, in order to prevent and eliminate serious dangers that threaten public and urban safety. The measures referred to in this paragraph shall be notified in advance to the prefect also for the purpose of preparing the instruments deemed necessary for their implementation.
4-bis. The provisions adopted pursuant to paragraph 4 concerning public safety and security are aimed at protecting the physical integrity of the population, those concerning urban security are aimed at preventing and combating the onset of criminal phenomena or illegality, such as drug dealing, prostitution, trafficking of people, through the employment of minors and the disabled, that is to say all illegal phenomena, such as illicit occupation of public spaces, or violence, also related to the abuse of alcohol or drug use.
5. If the measures adopted by mayors pursuant to paragraphs 1 and 4 should have consequences on the orderly cohabitation of the populations of adjoining or neighboring municipalities, the Prefect will convene a special conference attended by the mayors of reference, the president of the province and, if deemed appropriate, public and private subjects of the territory affected.
5-bis. The mayor reports to the competent authorities, judicial or public security, the irregular condition of a foreigner or citizen belonging to a Member State of the European Union, on the necessary expulsion or banishment measures from State’s territory.
6. In cases of emergency, connected with traffic, air or acoustic pollution, or due to extraordinary circumstances requiring particular needs for the population or for reasons of urban safety, the mayor may modify the opening hours for shops and businesses, public exercises and public services, as well as, in agreement with the locally competent authorities of the administrations concerned, the opening hours of public offices located in the territory, by adopting the measures referred to in paragraph 4.
7. if the ordinance adopted pursuant to paragraph 4 is addressed to specific persons and these do not comply with the order given, the mayor may proceed to charge the interested parties, without prejudice to the prosecution for the offenses they have committed.
8. Whoever replaces the mayor also exercises the functions referred to in this article.
9. In order to ensure the implementation of the measures adopted by the auditors pursuant to this article, the prefect, if deemed necessary, without prejudice to the provisions of the second sentence of paragraph 4, can avail himself of measures to ensure the collaboration of the Police Forces. Within the scope of the functions referred to in this article, the Prefect may also arrange for inspections to ascertain the proper performance of the tasks assigned, as well as for the acquisition of data and general information of interest.
10. In the matters envisaged by paragraphs 1 and 3, as well as by Art. 14, the mayor, upon notice to the prefect, may delegate the exercise of the functions indicated therein to the president of the district council; if the municipal decentralization bodies are not established, the mayor may grant the proxy to a municipal councilor for the exercise of functions in the neighborhood districts and in the hamlets.
11. In the cases referred to in paragraphs 1, 3 and 4, in the case of inaction of the statutory auditor or his delegate in the exercise of the functions provided for in paragraph 10, the prefect may intervene with his own provision.
12. The Minister of Interior can adopt guidelines for the exercise of functions provided in the hereby article on behalf of the Mayor.»
The text of art. 24 of law n.42 of May 5, 2009, stating the "Delegation to the Government on fiscal federalism, implementing art. 119 of the Constitution. »:« Art. 24. (Transitory order of capital Rome pursuant to Article 114, third paragraph, of the Constitution)
1. In the first application, until the implementation of the discipline of metropolitan cities, this article sets transitional rules on the legal system, including financial, of the capital city Rome.
2. Capital Rome is a territorial local entity, whose current boundaries are those of the municipality of Rome, and has special statutory, administrative and financial autonomy within the limits established by the Constitution. The capital Rome order is aimed at ensuring the best arrangement of the functions that Rome is called upon to perform as the seat of the constitutional bodies and of the diplomatic representations of foreign states, present in the Italian Republic, in the Vatican City State and international institutions.
3. Besides the ones presently attributed to Rome, the capital city of Rome holds the following administrative functions:
a) collaborate to the enhancement of historical, artistic, environmental and river heritage, subject to agreement with the Ministry for Cultural Heritage and Activities;
b) economic and social development of capital Rome with particular reference to the sectors of tourism and production;
c) urban development and local planning;
d) public and private building industry;
e) organization and operability of urban services with particular reference to public transportation and mobility;
f) civil protection in collaboration with the Presidency of the Council of Ministers and the Lazio region ;
g) further functions assigned by State and by the Lazio region, pursuant to Art.118 , second paragraph of the Constitution.
4. The exercise of the functions as per paragraph 3 is regulated by directives adopted by the municipal council, taking on the denomination of Capitoline Assembly, in compliance with the Constitution, international and European community obligations, and state and regional legislation as per Art. 117, sixth paragraph of the Constitution in compliance with the principle of functionality with respect to the special attributions of Rome capital. The Capitoline Assembly, within six months from the date of entry into force of the legislative decree referred to in paragraph 5, approves, pursuant to art. 6, paragraphs 2, 3 and 4 of the Consolidated Law on the organization of local authorities pursuant to Legislative Decree n.267 of 18 August 2000, with particular regard to municipal decentralization, the Rome Statute of capital which enters into force on the day following the date of its publication in the Official Journal.
5. With one or more legislative decrees, adopted pursuant to art. 2, after hearing the Lazio region, the province of Rome and the municipality of Rome, the transitional arrangement, including financial is regulated according to the following principles and criteria:
a) specification of the functions pursuant to paragraph 3 and definition of the modalities for the transfer to capital Rome of the necessary human resources and means;
b) without prejudice to the legislative provisions for the funding of municipalities , the attribution of further resources to capital Rome, keeping in mind the specific financial needs derived from the role of capital of the Republic, after their specific determination, and functions pursuant to paragraph 3.
6. The legislative decree referred to in paragraph 5 ensures the institutional connections, coordination and collaboration of Rome capital with the State, the Lazio region and the province of Rome, in the performance of the functions referred to in paragraph 3. The status of the Capitoline Assembly is regulated by the same decree.
7. The legislative decree referred to in paragraph 5, with regard to the implementation of Art. 119, sixth paragraph, of the Constitution, establishes the general principles for the attribution to the city of Rome, capital of the Republic, of its own patrimony, in compliance with the following principles and specific directive criteria:
a) attribution to Rome capital of a patrimony equivalent to the functions and competences ascribed to it;
b) transfer , free of charge, to capital Rome of State owned heritage assets that are no longer functional to the central Administration, in compliance with Art.19. paragraph 1, letter d).
8. The provisions of this article and those contained in the legislative decree adopted pursuant to paragraph 5 may be modified, waived or repealed only expressly. For matters not provided for in this article, Rome capital will continue to be under those provisions in reference to the municipalities by the single text of laws on the organization of local authorities, as set out in legislative decree n.267.9.10 of 18 August 2000, n. 267. 9».

Art. 13
Operational structures of the National service of civil protection (Articles 1-bis, paragraph 3 and 11, law 225/1992)

1. Besides the National Firefighters Corps, operating which is a fundamental component of the National Civil Protection Service, there are other national operational forces such as:
a) Armed forces;
b) Police ;
c) Research Institutions and technical bodies at national level that collaborate with the civil protection, organized as competence centers, the National Institute of Geophysics and Volcanology and the National Council of Research;
d) National Health Service facilities;
e) the civil protection volunteer service registered in the national list of civil protection volunteers, the Italian Red Cross Association and the National Alpine Rescue and Speleological Corp;
f) National system for the protection of the environment;
g) Services dedicated to weather forecasting and monitoring at national level.
2. In addition, civil and professional orders and their respective national councils also contribute to civil protection activities, including through forms of association or cooperation specifically defined between the respective national councils within homogeneous areas, and bodies, institutes and national associations /companies that perform civil protection functions.
3. The regions in relation to the different local contexts and within the frameworks of their specific competence can identify operational structures that belong to the National Service in different fields from those referred in paragraph 1.
4. National and regional operational structures carry out the activities provided in the hereby decree according to their specific institutional competences, except for the provisions stated in paragraph 5. With the provisions pursuant to Art.15, particular forms of participation, integration and collaboration with the operational structures of the National civil protection service are regulated.
5. The modalities and procedures related to the competition of the Armed Forces in the activities envisaged by this decree are regulated, as provided for in Articles 15, 89, paragraph 3, 92 and 549-bis of Legislative Decree n.66 of 15 March 2010, by decree of the President of the Council of Ministers, on the proposal of the Head of the Department of Civil Protection, in agreement with the Minister of Defense, adopted pursuant to Article 17, paragraph 3 of Law n.40 of 23 August 1988.

Notes to Art. 13:
-The following is the text of articles 15, 89, paragraph 3, 92 and 549-bis of the legislative decree n. 66 of March 15, 2010 on the «Code of the military system»: «Art. 15. (Attributions of the Ministry of Defense).
1. The Ministry of Defense is assigned the functions and duties of the State in matters of defense and military security of the State, military policy and participation in peacekeeping missions, participation in international sectoral organizations, general and operational planning of the Armed Forces and Inter-forces and planning related to the industrial area of defense.
2. The Ministry of Defense exercises the following functions and tasks: defense and security of the State, the national territory , maritime and air space, general operational planning of the Armed forces and Inter-forces with the consequent technical financial programs; participation in missions including multinational ones for peace operations; participation in international and European organizations in the field of defense and military safety or anything envisaging effects on national defense and decisions taken by them; relations with military authorities of other States; information to the Parliament on the evolution of the strategic framework and the operational commitments; classification, organization and functioning of the entities of the operational area; interventions of environmental protection, competition in civil protection activities at the disposal of the Government, competition to safeguard free institutions and the good of the national community in cases of public calamities; arms policy and related international cooperation programs; achievement of the efficiency targets set for the military instrument; budget and financial affairs; administrative inspections; legal, economic, litigation, disciplinary and social affairs of military and civil personnel; land, naval and aeronautical armaments; telecommunications, information technology and advanced technologies; works and state property; police station and general services; leverage and recruitment; military health; research and development, procurement of materials and weapon systems; study programs in the field of new technologies for the development of armament programs; planning of the public and private industrial area; classification, organization and functioning of the entities of the industrial technical area.
2-bis. The division of functions and tasks, referred to in paragraph 2, between the areas and offices identified by art. 16, paragraph 1, letters b), c), d) and e), is implemented by regulation, issued pursuant to art. 17, paragraph 4-bis, of the law of August 23, 1988, n. 400, after hearing the representative trade unions for the matters in question, by making a regulation pursuant to art. 17, paragraph 2 of the same law of August 23, 1988, n. 400, also additional ones, consequent annulment of dispositions of the present code, according to criteria within the areas that ensure:
a) identification of tasks and functions pertaining to the assignment of command with regard to the personnel for the remaining duties and functions concerning personnel;
b) organizational standardization, by sectors, also through the necessary procedural simplifications and harmonization;
c) decisional uniformity;
d) coordination procedures for the activities between sectors;
e) attribution of functions and technical-administrative tasks to the civil personnel at executive and non-executive level working in the Ministry of Defense;
f) the establishment of mechanisms verifying the effective level of usability of the services provided to the personnel.
3. The Ministry of Defense carries out the tasks referred to in Articles 21 and 22. »« Art. 89. (Tasks of the Armed Forces) (Omitted)
3-bis The Armed Forces contribute to the safeguarding of free institutions and perform specific tasks in circumstances of public calamity and in other cases of extraordinary necessity and urgency. " Art. 92. (Additional tasks of the Armed Forces)
1. The Armed Forces, in addition to their own institutional duties and without prejudice to the intervention provided also pursuant to art. 11 of Law n.225 of February 24, 1992, in case of natural disasters referred to in the aforesaid law and in other cases of extraordinary necessity and urgency, supply, on request and compatibly with the technical capabilities of the personnel and means provided, their contribution in the fields of public utility and protection of the environment.
2. The contribution as per paragraph 1 is provided for the following activities :
a) advisory and consultation to administrations and institutions in the field of planning and intervention by the Armed Forces in national emergency situations;
b) contribution of personnel and resources to the administrations institutionally responsible for safeguarding human life on land and at sea; c) restoration of the main and secondary road network;
d) planning, execution of courses and training programs on military-civil cooperation;
e) transportation by military means;
f) forest fire campaign and firefighting operations also out of the aforementioned campaign, and through availability according to domestic need, of resources, means and personnel of the Armed Forces, in case of previously acknowledged and urgent request, upon request of the regions involved, pursuant to Art.7, paragraph 3, letter c) law n. 353 of 21 November 2000, in the field of forest fire emergencies;
g) issuing of meteorological data;
h) issuing of periodic reports on the risk of avalanches;
i) nuclear, biological and chemical detection and carrying out of the relative reclamation interventions;
l) implementation of operations to contrast marine pollution by hydrocarbons;
m) detection of oceanographic hydropower and photogrammetric aerial of areas of interest and production of the relative mapping support, as well as exchange of information, and geo-topographic and geodetic data;
n) in hydro-geological/water emergencies in the smaller islands of the regions with ordinary statute;
o) operations in hyperbaric chamber for traumatized people and oxygen therapy ;
p) operations on the marine environment to protect fauna, flora and water monitoring, marine environmental research and exchange of information and data on climate;
q) demolition of illegal works and restoration of the state of the places, according to the provisions of articles 41 of decree n.380 of the President of the Republic dated June 6, 2001, and 61 of Decree n.115 of the President of the Republic dated May 30, 2002.
3. The procedures for pursuing the purposes referred to in paragraph 1 are determined by Decree of the Minister of Defense, in agreement with the Minister of the Environment, and the Protection of Land and Sea and of the National Department of Civil Protection, after consultation with the Ministers concerned.
4. The Armed Forces, within the scope of their powers, carry out the additional tasks required by law and, in particular, those pursuant to art. 15 of the Royal Decree of January 30, 1941, n. 12 and from the art. 12 of the law of August 3, 2007, n. 124. "" Art. 549-bis. (Competitions for consideration rendered by the Armed Forces).
1. In order to guarantee the reimbursement of competitions for consideration rendered by the Armed Forces for civil protection activities, in cases not subject to limitations under current legislation, one or more credit openings, also on different budget chapters, in favor of one or more delegated officers appointed by the Ministry of Defense, to provide for the settlement of charges directly or indirectly incurred and quantified on the basis of the tables of charges set up by the Ministry itself.
The accreditation orders referred to in the first sentence shall be governed by art. 279, first paragraph, of the regulation referred to in the Royal Decree n. 827 of May 23, 1924. For the methods of managing the accredited funds and the methods for presenting the administrative reports, the provisions of art. 8, paragraph 4, of the regulation referred to in the Decree n. 367 of the President of the Republic dated April 20, 1994. The accreditation orders placed after the date of September 30th of each year, not extinguished at the end of the financial year, may be carried over to the following financial year.
1-bis. The Ministry of Defense is authorized to guarantee the performance of bankruptcy activities in favor of other public administrations in accordance with the procedures referred to in paragraph 1 within the financial limits set forth in Article 2, paragraphs 615 and 617 of the Law n. 244 of 24 December 2007».
- The text of Art. 17, paragraph 3 of Law n.400 of August 23, 1988, containing the "Discipline of the Government activity and the order of the Presidency of the Council of Ministers:"
Article 17 (Regulations) (Omission)
3. By ministerial decree regulations may be adopted in matters falling under the jurisdiction of the minister or authority Minister, when the law expressly confers this power. These regulations, for matters pertaining to several ministers, can be adopted by inter-ministerial decrees, without prejudice to the need for appropriate authorization by the law. The ministerial and inter-ministerial regulations cannot dictate norms contrary to those of the regulations issued by the Government. They must be communicated to the President of the Council of Ministers before they are issued ».

Section III
Coordination and integration instrument of the National civil protection Service

Art. 14
National Civil Protection Operating Committee (Article 10 of Law 225/1992, Article 5, paragraphs 3 and 3-ter Decree-Law 343/2001, Law 401/2001)

1. Upon breakout or in the imminence of national emergencies related to disasters of natural or man-made origin, in order to ensure the coordination of the interventions of the components and operational structures of the National Service, the Head of the Department of Civil Protection convenes the National Operational Committee for Civil Protection, which operates within the Presidency of the Council of Ministers and meets at the same Department. The Committee may also be convened for national exercises and for the sharing of operational strategies in national civil protection planning or in the case of emergency and first emergency interventions abroad pursuant to Article 29.
2. Without prejudice to the provisions of paragraph 4, the Head of the National Fire Brigade Corps representing the National Fire Brigade Corps is a member of the Operating Committee.
3.The operating methods of the civil protection national Operating Committee are regulated by Decree of the President of the Council of Ministers.
4.The civil protection national Operating Committee is chaired by the Head of the Department and is composed by three representatives of the same department, including representatives of the component as per Art.4, entrusted, for the regions and local administrations, by the Unified Conference, and operating facilities at national level as per art. 13, identified by the decree in paragraph 3, except for paragraph 2.
5. The representatives of the State Administrations or of the national operating structures dependent on them are appointed by the respective Ministers and, by delegation of the latter, summarize and express with decision-making powers, each within the administration to which they belong and vis-à-vis bodies, self-employed companies and monitored or supervised administrations, all the faculties and competences regarding actions to be carried out for the purposes of civil protection, representing, within the Committee, the administration or the structure of reference as a whole. Regional and local civil protection authorities interested in specific emergency situations, as well as competitors pursuant to paragraph 2 of article 13 and representatives of other bodies or administrations may be invited to Committee meetings.
6. In order to carry out the functions within the National Civil Protection Service responsible representatives and a substitute per each identified component are appointed through the Operating Committee.

Art. 15
Directives of the President of the Council of Ministers and subsequent operational indications (Article 5, paragraphs 2 and 5 of Decree-Law 343/2001, Law 401/2001, Article 8, paragraph 1, Decree-Law 90/2005, Law 152 / 2005)
1. Without prejudice to the powers and responsibilities of the Special Statute Regions and the Autonomous Provinces of Trento and Bolzano, the directives of the President of the Council of Ministers ensure, on a technical level, the unitary address, respecting the peculiarities of the territories, for the exercise of the function and the performance of civil protection activities and are adopted on the proposal of the Head of the Civil Protection Department and prior agreement to be ratified, pursuant to the provisions of Legislative Decree n.281 of August 18, 1997, during the Unified Conference or the State-Regions Conference, according to the competences involved in the provisions contained therein. On specific subjects, for the preparation of the proposals for the directive referred to in this paragraph, the Civil Protection Department can promote comparisons in the technical forum with the representatives of the National Service components.
2. The directives referred to in paragraph 1 may include, in attachment, operating procedures referring to specific disciplined areas and are published in the Official Gazette of the Italian Republic.
3. The Head of the Civil Protection Department, within the limits and objectives provided by the directives pursuant to paragraph 1, may adopt operational guidelines aimed at implementing specific provisions contained therein by the National Service, consulting in advance the national components and operational structures involved.
4. The directives adopted pursuant to this decree may provide for the deferred start of the effectiveness of specific measures contained therein and the modalities for the provision, by the Regions and autonomous Provinces of Trento and Bolzano, of any necessary updating of the respective technical provisions.
5. Until the directives adopted pursuant to this decree are published, or until the deadlines indicated therein, the directives and other measures adopted pursuant to the previous legislation on civil protection remain in force.
Notes to art. 15:
Legislative decree n.281 of August 28, 1997, n. 281, on "Definition and extension of the powers of the Permanent Conference for the relations between the State, the regions and the autonomous provinces of Trento and Bolzano and unification, for the matters and tasks of common interest of the regions, provinces and municipalities, with the Conference State-city and local autonomies. "is published in the Official Journal n. 202 of 30 August 1997.
Chapter III
Risk forecasting and prevention activities

Art. 16 Type of civil protection risks (Article 1-bis, 2 and 3-bis law 225/1992)
+1. The action of the National Service is carried out, in particular, in relation to the following types of risks: seismic, volcanic, tsunami, hydraulic, hydrogeological, adverse meteorological phenomena, water deficit and forest fires.
2. Without prejudice to the responsibilities of the subjects ordinarily identified pursuant to the current sector regulations and the consequent activities, the action of the National Service is also likely to be performed for the following types of risks: chemical, nuclear, radiological, technological, industrial, transport, environmental, sanitary and uncontrolled return of objects and space debris.
3. Operations and works implemented for actual events or events to be planned in due time that can cause organizational problems are not part of the civil protection action, but the local administrations of the components and facilities part of the National Service of Civil Protection can ensure their support for organizational matters and assistance to the population at the request of the competent civil protection authorities, also for the purpose of implementing the necessary actions in terms of protection of the citizens safety.

Art. 17
Alert systems (Articles 3, 3-bis, paragraph 2, and 3-ter law 225/1992)

1. The alert of the National Civil Protection Service is divided into a state and regional system consisting of the tools, methods and measures established to develop and acquire the knowledge, information and assessments, in real time, relating, where possible, to the forecasting in probabilistic terms, monitoring and real-time surveillance of events and the consequent evolution of risk scenarios in order to activate the National Civil Protection Service at different territorial levels.
2. The government and management of the alert system are assured by the Department of Civil Protection and by the Regions and Autonomous Provinces of Trento and Bolzano, which guarantee their functioning and activity by using:
a) for the hydraulic risk and adverse meteorological phenomena , the functional centers network regulated by the Directive of the President of the Council of Ministers of February 27, 2004, published in the ordinary supplement of the Official Journal n.59 of March 11 2004, the facilities in place for the management of the meteorological services at national and regional level, the instrumental monitoring and surveillance networks including the Competence Centers as per Art. 21;
b) regarding other types of risk , the products of the functional Centers network as per letter a), when useful for specific needs, the instrumental monitoring and surveillance, including the Competence centers as per Art. 21.
3. The organization models and implementation of alert activities are regulated by a Directive pursuant to art.15, aimed at ensuring a framework coordinated throughout the national territory and integration between the civil protection systems of the different territories, in compliance with the organizational autonomy of the Regions and autonomous provinces of Trento and Bolzano. The directive in the current paragraph provides in particular for the following:
a) consistency at national level of all terminology and official codes adopted to manage the different phases of activation and response by the national Service;
b) regulation of all aspects related to risk communication also in relation to the drafting of civil protection plans as per Art. 18, and information to the population on the measures contained within it;
c) definition of organizational models that can ensure the necessary continuity in the implementation of the different activity phases.
4. In order to allow consistency, without interruption, of the efficient support of the monitoring networks to the Alert System referred to in paragraph 1, the Regions and the bodies or agencies established by them for the exercise of the relative competences are exempted, starting from the relative transfer of the functions referred to in the pre-existing national hydro-graphic and oceanographic service (SIMN), from the payment of administrative fees and contributions for the granting of the individual right to use the frequencies used at the date of transfer of the functions or frequencies of equivalent use, for the exercise of radio-electric activity for the management of monitoring and surveillance networks and meteorological radars referred to in Article 1 of the Prime Ministerial Decree of July 24, 2002, published in the Official Journal no. 239 of October 11, 2002. By decree of the President of the Council of Ministers, to be adopted, on the proposal of the Head of the Civil Protection Department jointly with the Minister of Economic Development and the Minister of Economy and Finance, within sixty days from date of entry into force of this decree, the frequencies granted free of charge and the related concession methods are identified. The Ministry of Economic Development and the Department of Civil Protection in agreement with other competent central administrations and the Regions and the Autonomous Provinces of Trento and Bolzano shall provide for the recognition of the frequencies actually used for the performance of the activities referred to in this paragraph. The application of this paragraph must not result in new or greater charges for public finance.
5. The provisions concerning the necessary authorizations for the installation of monitoring and surveillance network stations, which are part of the alert systems referred to in paragraph 2, are returned within twenty days of the request, after which the authorizations are intended to be granted. The provisions for the allocation of usage rights for the use of frequencies shall be governed by the provisions of Article 107, paragraph 3, of Legislative decree n.259 of August 1, 2003.

Notes to art. 17:
- The text of art. 1 of the Prime Ministerial Decree of July 24, 2002 on the "Transfer to the regions of the peripheral offices of the Department of National Technical Services - Hydrographic and Oceanographic Service.»:
«Art. 1. (Original scope)
1. The Department offices, the detached sections and the workshop of the National Hydrographic and Oceanographic Service (SIMN) of the Department for National Technical Services identified pursuant to art. 23 of the Decree of the President of the Republic January 24, 1991, n. 85, modified and integrated by the decree of the President of the Republic April 5, 1993, n. 106, with the exclusion of the section of the Venice departmental office responsible for monitoring the lagoon, were transferred, on October 1, 2002, pursuant to paragraph 4 of art. 92 of Legislative decree n. 112 of 1998, to the regions where they are located to be incorporated into the regional operating structures responsible for the exercise of the functions already performed within the aforementioned Service pursuant to art. 22 of the aforementioned decree of the President of the Republic n.85 dated January 24, 1991. "The text of the art. 107, paragraph 3 of the legislative decree n. 259 of August 1, 2003, containing the «Code of electronic communications»: «Art. 107. (General authorization) (Omitted)
3. Within six weeks of receiving the complete application for each necessary element, the Ministry shall grant the right to use the frequencies communicating the decision to the interested party who is entitled to exercise the general authorization in conjunction with the communication . The decisions of the Ministry are public. The provisions of any international agreements applicable to the case in particular with regard to the international coordination of satellite frequencies and orbital positions remain unaffected.».

Art. 18
Planning of civil protection (Article 3, paragraphs 3 and 6, 14, paragraph 1, and 15, paragraphs 3-bis and 3-ter, 18, paragraph 3, letter b) law 225/1992; Article 108 law decree 112/1998; Article 4, paragraph 9-bis, law decree 39/2009, conv. to law 77/2009; Article 1-bis law decree 59/2012, conv. to law 100/2012)

1. Civil protection planning at different territorial levels is non-structural prevention activity, based on forecasting activities and, in particular, identifying the scenarios referred to in Article 2, paragraph 2, aimed at:
a) the definition of the operational strategies and the intervention model containing the organization of the structures for conducting, in a coordinated way, civil protection activities and operational response for the management of calamitous events foreseen or in progress, ensuring the effectiveness of the functions to be carried out with particular regard to people in conditions of social fragility and disability, in relation to the optimal areas referred to in Article 11, paragraph 3, defined on a provincial and municipal basis, the latter also in aggregate form;
b) to ensure the necessary information network with the facilities responsible for alerting the National Service;
c) the coordination of communication flows between the National Service operational structures/facilities of reference;
d) the definition of the mechanisms and procedures for the review and updating of planning activities, for the organization of exercises and relative information spreading to the population , to ensure while the emergency event is ongoing;
2. The participation of citizens, individual or associated, is ensured in the process of drawing up civil protection planning, according to the forms and methods identified by the directive referred to in paragraph 4, that guarantee, in particular, the necessary transparency.
3. The plans and programs for the management and protection and restoration of the territory and other areas of territorial strategic planning must be coordinated with the civil protection plans in order to ensure consistency with the risk scenarios and the operational strategies contained therein.
4. The procedures for organizing and carrying out civil protection planning activities, and related monitoring, updating and evaluation, are governed by a directive to be adopted pursuant to Article 15 in order to guarantee a coordinated framework throughout the country and integration between the civil protection systems of the various territories, respecting the organizational autonomy of the Regions and the autonomous provinces of Trento and Bolzano.

Art. 19  Role of the scientific community (Articles 3-bis, paragraphs 2, 9, 11 and 17, law 225/1992; Article 5, paragraphs 3-bis and 3-quater, law decree 343/2001, conv. into law 410/2001)

1. The scientific community participates in the National Service by integrating civil protection activities as per art.2 with knowledge, skills and results derived from research and innovation activities, which can also be already available, but are fully accomplished and acknowledged by the scientific community according to current procedures, also as a result of initiatives promoted by the European Union and by international organizations in the field of research against the risk of natural disasters.
2. Participation as provided in paragraph 1 is realized through the following activities:
a) ordinary and operational activities carried out in favor of the National Service components which include, inter alia, assessment and monitoring of events, development of databases and any other activity useful for the management of emergencies and the forecasting and prevention of risks to provide products of immediate use;
b) testing activities preliminary to the activities referred to in point a), to make scientific contributions and to summarize existing research useful for this purpose;
c) preliminary research preparatory to the creation of products for the management of the risks referred to in Article 16 and the study of related scenarios;
d) collaboration in the preparation of the technical regulations of interest.
Art. 20
Commission for the Management of Major Risks (Articles 3-bis, par. 2, 9, 11 e 17, law 225/1992; Article 5, par. 3-bis e 3-quater, legislative-decree 343/2001, converted in Law 410/2001)
1. Consistent with the types of risks referred to in Article 16, the National Commission for the forecasting and prevention of major risks is the technical-scientific advisory body of the Civil Protection Department. No compensation or retribution are provided for the participation in the meetings of the Commission. The composition and methods of operation of the Commission are identified by Decree of the President of the Council of Ministers, as per the proposal of the Head of the Department of Civil Protection.
.
Art. 21
Centers of competence and collaboration with the responsible bodies in the field of research (Articles 3-bis, paragraph 2, 9, 11 and 17, Law 225/1992, Article 5, paragraphs 3-bis and 3-quater, Decree-Law 343 / 2001, amended into law 410//2001)

1. Within the scientific community and in accordance with the types of risks referred to in Article 16, by Decree of the Head of the Civil Protection Department, issued on the basis of the principles established by a special decree of the President of the Council of Ministers, research institutes, consortia and university structures that hold and make available knowledge and provide products deriving from research and innovation activities, which can be integrated into civil protection activities, are identified as Centers of Competence.
2. With the same procedure, other Competence Centers may also be identified within the scope of public administrations, other than those referred to in paragraph 1, which are holders of knowledge and provide products deriving from research and innovation activities that can be integrated into civil protection activities.
3. The members of the National Service can stipulate agreements with the Centers of Competence.
4. The Department of Civil Protection coordinates the activity for the establishment of networks of Centers of Competence for the development of specific topics on integrated topics and in a multi-risk perspective.
5. The Civil Protection Department promotes forms of collaboration with the Ministries which exercise technical-scientific expertise in the context of the risks referred to in Article 16, as well as with the Commission of the European Union and with other international organizations that deal with of the same subject.

Art. 22  Integrated activities for structural and non-structural prevention aimed at civil protection (Article 11, leg. decree 39/2009, conv. into law 77/2009)

1. The Civil Protection Department ensures the coordination and management of integrated structural prevention action plans, limited to public-owned structures and infrastructures, and non-structural for civil protection purposes, provided for by specific laws, aimed at the overall improvement of the management of emergencies and, more generally, the reduction of risks, the implementation of which can be provided by the components and operational structures of the National Service, without prejudice to the provisions of article 18-bis, paragraph 1, of the decree-law of 9 February 2017, n. 8, converted, with amendments, by law n.45 of April 7, 2017.
2. To this end, the Civil Protection Department ensures, in accordance with the forms and methods to be defined by a directive to be adopted pursuant to Article 15, appropriate forms of coordination and monitoring of forecasting and prevention activities, to identify priorities for intervention in relation to the different types of risk.
3. Regions, within the limits of their legislative power, shall define measures with similar aims as those referred to in paragraph 1, to ensure the coordination and management of integrated structural and non-structural prevention action plans for civil protection purposes in relation to the various types of risk, charged on their financial budgets.

Notes to art. 22:
-The text of art. 18-bis, paragraph 1 of the decree-law 9 February 2017, n. 8, reports the following: «New urgent interventions in favor of the populations affected by the earthquakes of 2016 and 2017» converted, with amendments, by law 7 April 2017, n. 45: "Art. 18-bis (Realization of the "Casa Italia" project)
1. To exercise the functions of guiding and coordinating the strategic action of the Government related to the "Casa Italia" project, also as a result of the earthquakes that affected the areas of central Italy in 2016 and 2017, in order to develop, optimize and integrate tools aimed at the care and enhancement of the territory and urban areas as well as the housing stock, also with reference to the safety and energy efficiency of buildings, without prejudice to the attributions governed by the law of 24 February 1992, n. 225, in charge of the Civil Protection Department and the other competent administrations in the matter, a special department is established at the Presidency of the Council of Ministers, governed by decree of the President of the Council of Ministers, pursuant to art. 7 of the legislative decree n. 303 dated July 30, 1999”.

Chapter IV
Management of national scale disasters

Art. 23
Declaration of the state of mobilization of the National Civil Protection Service (Article 5 of Law 225/1992, Articles 107 and 108 of Legislative Decree 112/1998, Article 3 Decree-Law 245/2002, Law 286/2002)

1. On the occasion or in view of those events referred to in Article 7 which, due to the exceptional nature of the situation, may manifest themselves with such intensity as to jeopardize life, physical integrity and safety or major assets, the President of the Council of Ministers, with the decree to be adopted on the proposal of the Head of the Civil Protection Department, at the request of the President of the concerned Autonomous Region or Province attesting the full deployment of available territorial resources, has the extraordinary mobilization of the National Service in support of the regional systems involved through the involvement Coordination of the mobile columns of the other Regions and Autonomous Provinces and of the organized civil protection voluntary activities referred to in Article 32, as well as of the national operational structures referred to in Article 13, paragraph 1. Due to the evolution of the event and related need, with a further decree the state cease to exist mobilization, with the exception of cases in which the decision of the state of emergency of national importance pursuant to Article 24 is resolved.
2. On the basis of the declaration of the state of mobilization of the National Service referred to in paragraph 1, the Department of Civil Protection ensures the coordination of intervention by the National Service in support of regional civil protection authorities, with the aim of helping to provide support and assistance to the populations concerned in accordance with the provisions of article 8, paragraph 1, letter d ), or on the basis of the intensity of the event, in accordance with the provisions of Article 8, paragraph 1, letter e), as well as the cessation of needs if the decision of the state of emergency at national scale does not take place, the recognition of the extraordinary activities carried out by the components and operating structures involved in the period of the declaration itself, will be determined according to reporting procedures defined by the Directive pursuant to Article 15.
3. If the decision of the state of emergency at national scale does not take place, on the basis of the surveys carried out pursuant to paragraph 2, with provisions by the Head of the Civil Protection Department, contributions are awarded for the competition to cover the financial charges incurred by the components and operational services of the National Service, including those of the territories directly concerned, from the financial resources of the National Emergency Fund referred to in Article 44.
4. The Regions may define, with their own law, provisions with a similar purpose in relation to events referred to in Article 7, paragraph 1, letter b), with costs sustained by their financial budget.

Art. 24 Deliberation of the state of emergency of national importance (Articles 5 law 225/1992, Articles 107 and 108 Legislative Decree 112/1998, Article 5-bis, paragraph 5, Decree-Law 343/2001, Law 401/2001, Article 14 Decree-Law 90/2008, Law Decree 123/2008, Article 1, paragraph 422, Law 147/2013)

1. On the occurrence of events that, following a rapid assessment performed by the Department of Civil Protection on the basis of the data and information available and in conjunction with the Regions and Autonomous Provinces concerned, meet the requirements of Article 7, paragraph 1, letter c), or in their imminence, the Council of Ministers, on the proposal of the President of the Council of Ministers, also formulated at the request of the President of the Region or Autonomous Province concerned and in any case acquired the agreement, resolves the relevant state of emergency national, fixing its duration and determining its territorial extension with reference to the nature and quality of events and authorizing the issue of civil protection orders referred to in Article 25. The resolution identifies, according to homogeneous criteria defined in the directive referred to in paragraph 7, the first financial resources to be allocated to the start of the rescue and assistance activities for the population e of the most urgent interventions referred to in Article 25, paragraph 2, letters a) and b), pending recognition of the actual needs and authorizing the expenditure within the National Emergency Fund referred to in Article 44.
2. Following the assessment of the effective impact of the disaster, carried out jointly by the Department of Civil Protection and the Regions and Autonomous Provinces concerned, on the basis of a report by the Head of the Civil Protection Department, the Council of Ministers identifies, with resolution, the additional financial resources necessary for the completion of the activities referred to in Article 25, paragraph 2, letters a), b) and c), and for the start of the most urgent interventions referred to in letter d) of the same paragraph 2, authorizing the expenditure under the National Emergency Fund referred to in Article 44. If, subsequently, on the basis of specific reporting, the resources allocated to the activities referred to in point a) are or are about to be insufficient, the Council of Ministers, based on a report by the Head of the Civil Protection Department, identifies with its own further deliberations , the necessary financial resources and authorize the expenditure under the National Emergency Fund referred to in Article 44.
3. The duration of the state of emergency of national scale may not exceed 12 months, and may be extended no longer than 12 additional months.
4. Any early revocation of the state of emergency of national importance is deliberated in compliance with the procedure dictated for the resolution of the state of emergency itself.
5. The decisions of the state of emergency of national importance are not subject to the prior control of legitimacy as per Article 3 of law n.20 of 14 January 1994, and subsequent modifications.
6. At the end of the state of emergency, administrations and bodies ordinarily competent, also identified pursuant to Article 26, take over all active and passive reports in pending court proceedings, including under the terms provided in Article 110 of the Code of Civil Procedure, as well as in all those deriving from the declarations already in force under Article 5-bis, paragraph 5 of the Decree-Law n.343 of September 7, 2001, converted, with amendments, by law n. 401 of November 9, 2001, already belonging to the persons appointed pursuant to article 25, paragraph 7. The provisions referred to in this paragraph are applied only in the cases in which the persons appointed pursuant to article 25, paragraph 7, are representatives of the administrations and of ordinarily competent bodies or subjects designated by them.

7. By directive to be adopted pursuant to article 15, the preliminary preparatory procedures for adoption are regulated by the resolution of the state of emergency at national scale and the related obligations by the Presidents of the Regions and Autonomous Provinces and the Head of the Department of Civil Protection.
8. For emergencies produced by marine pollution, the proposal for a declaration of the state of national emergency referred to in paragraph 1 is carried out, in accordance with the provisions of Article 11 of the Law of 31 December 1982, n. 979, and the National Emergency Response Plan for the defense against pollution caused by hydrocarbons or other harmful substances caused by marine accidents, in agreement with the Minister of Environment and Protection of the Territory and Sea, after consulting the Civil Protection Department.
9. The Regions, within the limits of their legislative power, shall define provisions with similar aims to the provisions of this article in relation to the emergencies referred to in Article 7, paragraph 1, letter b).

Notes to art. 24:
-The text of art 3 of the law n. 20 of 14 January 1994, reports the following "Provisions on jurisdiction and control by the Court of Auditors": "Art. 3. (Rules on the audit of the Court of Auditors) 1. The prior review of the legality of the Court of Auditors shall be exercised exclusively on the following acts without the force of law:
a) provisions issued following a resolution by the Council of Ministers;
b) acts of the President of the Council of Ministers and acts of the Ministers concerning the definition of organic plants, the conferment of positions of managerial functions and the general directives for the direction and for carrying out the administrative action;
c) legislative acts of external relevance, planning acts involving expenses and general acts implementing Community rules;
c-bis);
d) provisions of the inter-ministerial committees for the allocation or allocation of funds and other resolutions issued in the matters referred to in letters b) and c); is);
f) provisions for the disposal of property and real estate assets;
f-bis) deeds and contracts pursuant to art. 7, paragraph 6, of the legislative decree 30 March 2001, n. 165, and subsequent modifications;
f-ter) deeds and contracts concerning studies and consultancy as per art. 1, paragraph 9, of the law of 23 December 2005, n. 266;
g) decrees approving contracts by State Administrations, excluding independent companies: assets of any amount, with the exception of those for which the hypothesis provided for by the last paragraph of art. 19 of Royal Decree n. 2440 of 18 November 1923; of work contracts, in case the amount exceeds the value in ECU established by the Community legislation for the application of the procedures for the awarding of contracts; other passive contracts, only for an amount exceeding one tenth of the aforementioned value;
h) decrees to change the state budget, verification of residuals and prior consent of the Ministry of Treasury to the commitment of current expenses for subsequent financial years;
i) deeds for which the written order of the Minister has been issued;
l) acts that the President of the Council of Ministers requests to be subjected to prior monitoring temporarily or if the Court of Auditors may subject, for a specified period, to prior checking in relation to situations of widespread and repeated irregularities detected during the subsequent control .
1-bis. verification assessments envisaged by the letters f-bis) and f-ter) of paragraph 1,are under the responsibility of the Central section in charge for legality checks.
2. The measures subject to prior checking shall become effective if the competent control office does not return the verification report to the control section within thirty days of receipt. The term is interrupted if the office requires clarification or additional elements of judgment. After thirty days from receipt of the rebuttals by the administration, the measure takes effect if the office does not re-examine the section subject to verification. The control section decides in compliance with the law within thirty days from the date of deferment of the measures or the entry date of the elements required by preliminary ordinance. After this term the provisions become effective.
3. The joint sections of the Court of Auditors may, by reasoned decision, establish that individual acts of considerable financial relevance, identified by categories and state administrations, be submitted to the Court for a specified period. The Court may request the review of the deeds within fifteen days of their receipt, without prejudice to their enforceability. The administrations transmit the acts adopted following re-examination to the Court of Auditors, which if it detects illegitimacy, gives notice to the Minister.
4. The Court of Auditors also carries out, during the financial year, the follow-up on the management of the general government budget and assets, as well as on off-balance sheet management and Community funds, verifying the legality and regularity of the management, as well as the proper functioning of internal controls by each administration. It also verifies, on the basis of the outcome of other verification assessments, the compliance of the results of the administrative activity with the objectives established by the law, comparing the costs, methods and timing of the administrative action. The Court annually defines the control reference programs and criteria on the basis of those priorities previously approved by the competent parliamentary commissions according to the respective regulations, also taking into account, for the purposes of the report for the coordination of the public finance system, the reports drawn up by the bodies, collegial or monocratic, which exercise control or supervision functions on administrations, public bodies, independent administrative authorities or companies with a prevalently public capital.
5. With respect to regional administrations, the investigation concerns the pursuit of the objectives established by the laws of principle and the program.
6. The Court of Auditors shall report, at least annually, to the Parliament and to the regional councils on the results of the inspection carried out. The Court's reports are also sent to the administrations concerned, to which the Court makes its observations at any other time. The administrations shall communicate to the Court and to the elective bodies, within six months from the date of receipt of the report, the measures consequentially adopted.
7.The provisions of the Decree-Law of 22 December 1981, n. 786, converted, with modifications, from the law 26 February 1982, n. 51, and subsequent amendments and additions, as well as, with regard to entities to which the State contributes in an ordinary manner, the provisions of the law of 21 March 1958, n. 259. The Court's reports also contain assessments on the functioning of internal controls.
8. In exercising the powers referred to in this article, the Court of Auditors may request from the public administrations and the internal control bodies any act or news and may make and arrange for direct inspections and inspections. Paragraph 4 of the art. 2 of the Decree-Law of November 15, 1993, n.453. It may request non-territorial public administrations to re-examine deeds deemed to be non-compliant with the law. The administrations transmit the acts adopted following the review to the Court of Auditors, which, if it finds illegitimacy, gives notice to the general management body. It is without prejudice, insofar as it is compatible with the provisions of the present law, the discipline regarding successive controls provided for by legislative decree n.29 of February 3, 1993, n. 29, and successive modifications, and from the legislative decree n.39 of February 12, 1993, n. 39, as well as by art. 166 of Law n.312 of July 11, 1980.
9. For the exercise of control powers, as far as they are compatible with the provisions of this law, the procedural rules of the single law of the Court of Auditors, approved by Royal Decree of 12 July 1934, n. 1214, and subsequent modifications.
10. The control section is comprised of the President of the Court of Auditors who presides over it, the section Presidents in charge of coordination and all the magistrates assigned to control functions. The section is divided annually into four constituencies of which, in any case, the President of the Court of Auditors and the section Presidents in charge of coordination are members. The colleges have distinct competences by type of control or by subject and decide with a minimum number of eleven voters. The plenary meeting is chaired by the President of the Court of Auditors and is composed of the section Presidents responsible for coordination and thirty-five magistrates assigned to control functions, identified annually by the Presidency Council at least three for each panel of the section and one for each of the control sections on the administrations of the regions with special status and the autonomous provinces of Trento and Bolzano. The plenary meeting deliberates with a minimum number of twenty-one voters. 10-bis. The section of the plenary meeting determines annually the activity programs and competencies of the colleges, as well as the criteria for their composition by the President of the Court of Auditors.
11. Without prejudice to the hypothesis of referral provided for by art. 24 of the aforementioned single text of the laws on the Court of Auditors as replaced by art. 1 of law n.161 of March 21, 1953, the section of the control is pronounced in any case in which the dissent arises between the competent magistrates about the legitimacy of acts. The magistrate who refers the matter to the section is called to act as a rapporteur of the college.
12. The magistrates assigned to the subsequent control referred to in paragraph 4 shall operate according to the scheduled annual programs, but may temporarily depart from them, for justified reasons, in relation to situations and measures that require timely audit and verification, notifying the control body.
13. The provisions of paragraph 1 do not apply to the deeds and provisions issued in the monetary, credit, securities and currency matters. ".
-The text of art. 110 of the code of civil procedure states the following: «Art. 110 (Succession in the process) When the party fails due to death or another cause, the process is continued by the universal successor or against him. »
-The text of art. 11 of Law n.979 of 31 December 1982, bearing "Provisions for the protection of the sea »:
«Art. 11. In case of pollution or imminent danger of pollution of the sea waters caused by discharge or spill , including accidental, of hydrocarbons or other harmful substances, from any source or likely to cause damage to the marine environment, to the coast and related environments, the maritime authority, in whose area of competence the pollution or threat of pollution occurs, is obliged to provide for all necessary measures and dispositions, not excluding those for the removal of the cargo of the vessel, with the aim of preventing or eliminating the polluting effects or mitigating them if it is technically impossible to eliminate them. If the danger of spill or pollution in progress is such as to cause an emergency situation, the Head or Chief of the Maritime compartment responsible for the territory declares the local state of emergency, giving immediate notice to the Minister of Merchant Marine, and assumes the direction of all operations on the basis of the local emergency response plan, without prejudice to the powers of each administration in carrying out the tasks of the institute, which is adopted in agreement with the bodies of the national civil protection service. The Minister of Merchant Navy Authority immediately communicates the local declaration of emergency to the national civil protection service through the Central Inspectorate for the Defense of the Sea referred to in the following art. 34. When the emergency cannot be dealt with by the means available to the Merchant Navy, it will request from the Head of civil protection to promote the national emergency declaration. In this case, the Head of Civil Protection takes over all the operations on the basis of the national emergency response plan adopted by the national civil protection service bodies. The rules contained in Decree n.504 of the President of the Republic dated May 27, 1978, for off shore interventions at high sea in case of accidents and/or failures to ships flying a foreign flag that can cause pollution or threat of pollution to the marine environment, or the coastal area.

Art. 25 Civil Protection Ordinances (Articles 5 and 20 Law 225/1992, Articles 107 and 108 Legislative Decree 112/1998, Article 14 Decree-Law 90/2008, Law Decree 123/2008, Article 40, paragraph 2, letter p), law 196/2009)

1. The coordination of the implementation of interventions to be carried out during national scale emergency states is provided by civil protection orders, to be adopted in derogation to any current provision, within the limits and with the methods indicated in the resolution of the state of emergency and in the respect for the general principles of the legal system and European Union rules. The ordinances are issued following the agreement of the Regions and Autonomous Provinces territorially concerned and, where they provide exceptions to the laws in force, must contain the indication of the main rules under derogation and must be specifically motivated.
2. Without prejudice to the provisions of paragraph 1, civil protection ordinances, within the limit of available resources, provide for the following:
a) the organization and implementation of relief and assistance to the population affected by the event;
b) the restoration of public services operability and strategic infrastructure networks , waste management, rubble disposal, flood debris/material or soil and rocks produced by calamity events and measures to ensure administrative continuity in the municipalities and territories involved, including through interventions of a temporary nature.
c) the activation of first economic measures of immediate support to the economic and social sectors towards the population and the economic and productive activities directly affected by the event, to face the most urgent needs;
d) the implementation of interventions, including structural measures, to reduce the residual risk in the areas affected by disasters, closely linked to the event and aimed primarily at protecting public and private safety, in line with existing planning and planning tools;
e) the recognition of the needs for the restoration of damaged public and private structures and infrastructures, as well as the damage suffered by economic and productive activities, cultural and landscape assets and by the building stock, to be carried out on the basis of procedures defined with the same or other order;
f) at the initial implementation phase of the most urgent measures to meet the needs referred to in letter e), including through temporary delocalization measures in other localities of the national territory, within the limits of financial resources and according to the directives established with appropriate , further resolution of the Council of Ministers, after consultation with the Region concerned.
3. Civil protection ordinances are not subject to prior verification of legitimacy pursuant to article 3 of law n.20 of January 14, 1994, and subsequent modifications.
4. Civil protection ordinances, becoming effective from the date of adoption after publication in the Official Journal of the Italian Republic, are made public pursuant to the provisions of article 42 of Legislative Decree n.33 of March 14, 2013, and subsequent amendments, then transmitted, for information purposes, to the President of the Council of Ministers, the Regions or Autonomous Provinces concerned and until the thirtieth day by the resolution of the national emergency state, to the Ministry of Economy and Finance.
5. Beyond the (30) thirtieth day following the national state of emergency decision, the ordinances are issued upon consultation with the Ministry of Economy and Finance, limited to financial profiles;

6. The Head of the Civil Protection Department, for the implementation of the interventions provided in the ordinances referred to in this article, makes use of the components and operational structures of the National Service, and the implementing actors of the planned interventions are, as a rule, identified within the ordinarily competent public bodies for the performance of the aforementioned activities, subject to justified exceptions. The measures adopted in implementation of the civil protection orders are subject to verification checks required by current legislation.
7. To coordinate the implementation of civil protection orders, with the same provisions, delegated commissioners may be appointed to operate under extraordinary arrangements until expiry of the national state of emergency, after which, until the closure of the special accounting referred to in article 27, the continuation of all activities under ordinary conditions is provided for. If the Head of the Department makes use of delegated commissioners, the related appointment must specify the content and tasks of such assignment, including the timing and procedures for its exercise. Delegated commissioners are chosen, except in case of justified exceptions, among the subjects for whom the law does not provide any compensation for the performance of the assignment.
8. For the exercise of the functions assigned with the civil protection ordinances, no compensation is paid to the Head of the Civil Protection Department and to the delegated commissioners, where they are nominated among the persons responsible for holding public elected offices. In the case of other subjects, article 23-ter of the decree-law of December 6, 2011, n. 201, converted, with modifications, from the law of December 22, 2011, n. 214, the fee is proportional to the duration of the appointment, within the limit of the maximum parameter of 70% seventy percent of the salary provided for the President of the Supreme Court.
9. Judicial protection before the administrative judge against civil protection orders and the consequent commissioning measures against the deeds, the provisions and ordinances issued pursuant to this article are governed by the code of the administrative process.
10. With a directive to be adopted pursuant to article 15, provision is made, without new or greater burden on public finance, to the regulation of a system for monitoring and verifying the implementation, also from a financial point of view, of the measures contained in the civil protection ordinances as well as the measures adopted in implementation of the same and of the inspections. The system referred to in this paragraph is required to ensure continuity of monitoring activities and periodical inspections to be carried out, also in relation to the civil protection ordinances that may not be issued by the Head of the Civil Protection Department.
11. The Regions and Autonomous Provinces of Trento and Bolzano, in exercising their legislative power, shall define provisions with similar aims to the provisions of this article in relation to the emergencies referred to in Article 7, paragraph 1, letter b), to be adopted as an exception to current regional legislative provisions, within the limits and methods indicated in the provisions referred to in Article 24, paragraph 7.

Notes to art. 25:
- The text of art. 3 of the law n.20 of January 14, 1994 on "Provisions on jurisdiction and inspection activities by the Court of Auditors".
Art. 3. (Rules on the Audit by the Court of Auditors)
1. The prior legality report by the Court of Auditors shall be exercised exclusively on the following acts without the force of law:
a) provisions issued following a resolution by the Council of Ministers;
b) acts of the President of the Council of Ministers and acts of the Ministers concerning the definition of the organizational structure, the conferment of positions of managerial level and the general directives for the direction and for carrying out administrative action;
c) legislative acts of external relevance, planning acts involving expenses and general acts implementing Community rules;
c-bis);
d) provisions of the inter-ministerial committees for the granting or allocation of funds and other resolutions issued in the matters referred to in letters b) and c).
f) provisions for the disposal of property and real estate assets;
f-bis) deeds and contracts pursuant to art. 7, paragraph 6, of the legislative decree March 30, 2001, n. 165, and subsequent modifications;
f-ter) deeds and contracts concerning research studies and consultancy as per art.1, paragraph 9, of law n.266 of 23 December 23, 2005;
g) decrees approving contracts by state administrations, excluding autonomous companies: assets, of any amount, with the exception of those for which the hypothesis provided for by the last paragraph of art. 19 of the Royal Decree of 18 November 1923, n. 2440; of work contracts, if the amount exceeds the value in ECU established by the Community legislation for the application of the contract awarding procedures; other passive contracts, if the amount exceeds one tenth of the value indicated above;
h) decrees to change the state budget, verification of residuals and prior consent of the Ministry of Treasury to the commitment of current expenses for subsequent financial years;
i) deeds for which the written order of the Minister has been issued;
l) acts that the President of the Council of Ministers requests to be subject to prior monitoring temporarily or that the Court of Auditors may subject, for a specified period, to prior checking in relation to situations of widespread and repeated irregularities detected during the subsequent control;
1-bis. As per the controls envisaged by the letters f-bis) and f-ter) of paragraph 1, the responsibility lies within the central office of legality control.
2. The provisions subject to prior checking shall become effective if the competent control office does not return the evaluation assessment to the control section within thirty days of receipt. The term is interrupted if the office requires clarification or additional elements of judgment. After thirty days from receipt of the administration’s rebuttals, the measure or provision takes effect if the office does not require a re-assessment by the control office. The office decides on compliance with the law within thirty days from the date of deferment of the measures or from the date of arrival of the elements requested by the preliminary order. After this deadline the provision/s become executive. [The provisions of art. 1 of the law October 7, 1969, n. 742] 3. The joint sections of the Court of Auditors may, by reasoned decision, establish that individual acts of relevant financial significance, identified by categories and state administrations, be submitted to the Court for a specified period. The Court may request the review of the deeds within fifteen days of their receipt, without prejudice to their enforceability. The administrations shall transmit the acts adopted following the Court of Auditors audit, which if deemed illegitimate shall notify the Minister.
4. During the financial year, the Court of Auditors carries out subsequent verification inspections on the public administrations budget and assets management, as well as off-balance sheet management and funds of Community origin, verifying the legality and regularity of the management, as well as internal controls of each administration. It also assesses on the basis of the outcome of other checks, the compliance of the results of administrative activity with the objectives established by law, comparing the costs, methods and timing of such administrative action.
The Court annually defines the inspection programs and criteria on the basis of the priorities previously approved by the competent parliamentary commissions according to the respective regulations, also taking into account, for the purposes of the report for the coordination of the public finance system, the reports drawn up by the bodies, collegial or monocratic, that exercise control or supervisory functions on administrations, public bodies, independent administrative authorities or companies with mostly public capital.
5. With respect to regional administrations, control management refers to the pursuit of the objectives established by the laws of principle and the program.
6. The Court of Auditors shall report, at least annually, to the Parliament and to the regional Councils on the results of the inspection carried out. The Court of Auditor reports are also sent to the administrations concerned, which undergo observation or inspection by the Court at any other time during the year. The administrations shall notify the Court of Auditors or the elective bodies on any measures consequentially adopted.
7. The provisions of the Decree-Law of 22 December 1981, n. 786, converted, with modifications, from the law 26 February 1982, n. 51, and subsequent amendments and additions, as well as, with regard to entities to which the State contributes in an ordinary manner, the provisions of law n.259 of March 21, 1958. The Court's reports also contain assessments on the internal inspections conducted.
8. In exercising the powers referred to in this article, the Court of Auditors may request from the public administrations and the internal control bodies any act or news and may make and arrange for direct checks and inspections as per paragraph 4 of art. 2 of Decree-Law n. 453 of November 15, 1993. It may require non-territorial public administrations to re-examine acts deemed not to comply with the law. The administrations transmit the acts adopted following the review to the Court of Auditors, which, in case of illegitimacy, gives notice to the general management body. The discipline regulating subsequent checks provided for by Legislative Decree of February 3, 1993, n. 29, and successive modifications, and from Legislative decree of February 12, 1993, n. 39, as well as by art. 166 of Law n. 312 of July 11, 1980, is without prejudice compatible in the same way.
9. For the exercise of control powers, as far as they are compatible with the provisions of this law, the procedural rules of the single law of the Court of Auditors, approved by Royal Decree of July 12, 1934, n. 1214, and subsequent modifications.
10. The Control section consists of the President of the Court of Auditors who presides over it, the section presidents in charge of coordination and all the magistrates assigned to control functions. The section is divided annually into four constituencies of which, in any case, the President of the Court of Auditors and the section presidents in charge of coordination are members. The colleges have distinct competences by type of control or by subject and decide with a minimum number of eleven voters. The plenary meeting is chaired by the President of the Court of Auditors and is composed of the section presidents responsible for coordination and thirty-five magistrates assigned to control functions, identified annually by the Presidency Council, at least three per each panel of the section and one per each of the control sections of the administrations of regions with special status and the autonomous provinces of Trento and Bolzano. The plenary meeting deliberates with a minimum number of twenty-one voters.
10-bis. The section of the plenary meeting determines the activity programs and competencies of the colleges on a yearly basis, as well as the criteria for their composition by the President of the Court of Auditors.
11. Without prejudice to the hypothesis of referral provided for by art. 24 of the aforementioned single text of the laws on the Court of Auditors as replaced by art. 1 of the law n.161 of March 21, 1953, the section of the control is pronounced in any case in which dissent should arise between the competent magistrates regarding the legitimacy of acts. The magistrate who refers the matter to the section is called to act as a rapporteur of the college.
12. The magistrates assigned to the subsequent control referred to in paragraph 4 shall operate according to the scheduled annual programs, but may temporarily depart from them, for justified reasons, in relation to situations and measures that require timely assessment and verification, notifying the control office.
13. Dispositions stated in paragraph 1 are not applicable to acts and provisions issued as per monetary, credit, securities and currency matters».
- The text of art. 42 of legislative decree n.33 of March 14, 2013, on the "Reorganization of the discipline concerning the right of civic access and the obligations of publicity, transparency and dissemination of information»:
«Art. 42. (Publishing obligations regarding extraordinary operations that involve derogations from existing current legislation).
1. Public administrations that adopt contingent and urgent provisions and in general extraordinary measures in case of natural disasters or other emergencies established under law n.225 of 24 February 1992, or urgent legislative measures, state the following:
a) the measures taken, with the express indication of any laws that may be derogated from and the reasons for the exemption, as well as the indication of any administrative or judicial acts that have occurred;
b) the time limits established for the exercise of the powers to adopt extraordinary measures;
c) the expected costs for the interventions and the actual costs incurred by the administration;
d)1-bis. The Commissioners delegated as per art. 5, of law n.225 of February 24, 1992, directly perform the functions of persons responsible for the prevention of corruption as per art.1, paragraph 7, of the law n. 190 of November 6, 2012, and responsible for transparency pursuant to art. 43 of the present decree.».
- The text of art. 23.ter of the decree-law n. 201 of December 6, 2011, containing «Urgent provisions for the growth, equity and consolidation of public accounts», converted, with amendments to Law n. 214 of December 22, 2011, "Art. 23-ter. (Provisions on economic treatments) 1. The comprehensive annual economic treatment is defined by decree of the President of the Council of Ministers, after the opinion of the competent parliamentary commissions, within ninety days from the date of entry into force of the law converting this decree. Anyone who receives public finances or salaries in the context of employment or self-employment with state public administrations, as per art. 1, paragraph 2, of the legislative decree of March 30, 2001, n. 165, and subsequent amendments, including personnel under public law pursuant to art. 3 of the same legislative decree, and subsequent amendments, establishing as maximum reference parameter the economic treatment of the first President of the Court of Cassation. For the purposes of the application of the discipline referred to in this paragraph, the amounts in any case paid to the interested party or several bodies, even in the case of multiple appointments conferred by the same body during the course of the same year, must be counted cumulatively in the course of the year.
2. The personnel referred to in paragraph 1 who is called, retaining the economic treatment provided by the administration to which they belong, to the exercise of executive, managerial or equivalent functions, even in positions that are out of role or of temporary leave/sabbatical year, in national Ministries or public bodies, including independent administrative authorities, cannot receive, by way of remuneration or compensation for the position held, or even for the reimbursement of expenses, more than (25% ) twenty five per cent of the total amount of the remuneration received.
3. As per the decree referred to in paragraph 1, motivated derogations may be provided for the top positions of the respective administrations for which a maximum limit for the reimbursement of expenses is established.
4. Resources deriving from the application of the measures referred to in this article are annually paid to the Fund for the amortization of government State bonds.».

Art. 26  Ordinances aimed at strengthening recovery to ordinary conditions following a national scale
(Articles 5 law 225/1992; Articles 107 and 108 leg. decree 112/1998; Article 1, paragraph 422, law 147/2013)

1. At least thirty days before the expiry of the national state of emergency, a special ordinance is adopted aimed at favoring and regulating the continuation of the exercise of commission functions in an ordinary way during the coordination of planned but not yet completed relief operations, following the event. In any case, without prejudice to the constraints of public finances, this order may also be issued, for a maximum duration of six months which cannot be extended, and only for interventions related to the event, derogating provisions, in compliance with the general principles of legal order and the rules of the European Union, concerning the assignment of public works and the acquisition of goods and services as well as for the reduction of analytically identified terms and provisions aimed at the possible reshaping of the action plan within the limits of available resources.
2. According to the order referred to in this article, the subject, holder of special accounting, established for the emergency in question, may be authorized to manage the same accounting as ordinarily competent authority until the relevant deadline established in accordance with the provisions of article 27, paragraph 5.
3. As per the continuation of unfinished operations that need to be implemented according to ordinary procedures of expenditures with the available resources left at the closing of special accounting the provisions of article 27, paragraph 5 apply.

Art. 27  Special accounting for the management of national scale emergencies and other provisions referred to administrative and procedural matters. (Articles 5 law 225/1992; Articles 107 and 108 leg. Decree 112/1998; Article 6, paragraph 1, leg. decree 263/2006, converted into law 290/2006)

1. With regard to the implementation of civil protection orders, pursuant to the provisions of article 44-ter, paragraph 8, of Law n.196 of December 31, 2009, special accounting may be authorized.
2. The resources allocated to the National Emergency Fund referred to in the resolution referred to in Article 24, paragraph 1, shall be transferred in full following the appointment of a delegated commissioner on special accounting opened pursuant to paragraph 1. The additional amounts envisaged by the resolution pursuant to article 24, paragraph 2, are paid in the amount of 50 percent following the issue of the same resolution, while the remaining 50 percent at the declaration of the state of implementation of the financed operations.
3. On the special accounts referred to in this article, the payment of any additional financial resources aimed at overcoming the specific emergency context, other than those allocated to the Fund for national emergencies referred to in Article 44, and made available by the Regions and by the local authorities involved, to be identified through specific civil protection provisions adopted in agreement with the Ministry of Economy and Finance. Financial resources coming from the European Union Solidarity Fund can also be transferred to the same accounts.
4. Pursuant to the provisions of Articles 60 and 61 of the Royal Decree of November 18, 1923, n. 2440, and article 333 of the Royal Decree of May 23, 1924, n. 827, and subsequent amendments, for the purposes of compliance with public finance constraints, the Delegate Commissioners holding special accounts report, within the fortieth day after the end of each year and from the end of the management or of their duties, all receipts and all the expenses related to the interventions implemented, indicating the origin of the funds, the beneficiaries and type of expenditure, according to a plan established by Decree of the Minister of Economy and Finance, after consulting the Civil Protection Department, which also includes the indication of receivables and payables and related deadlines, any interventions that may be entrusted to implementing entities identified for that purpose, the obligations regarding the transmission and communication of the accounts, also for the purposes of the provisions of article 42 of legislative decree n.33 decree of March 14, 2013, and subsequent modifications. For the omission or delay in reporting, article 337 of the Royal Decree n.827 of May 23, 1924. In order to guarantee transparency of the financial flows and of the reporting referred to in this paragraph, rundowns among the special accounts are forbidden.
5. For the continuation and completion of the interventions and activities envisaged by the ordinances adopted pursuant to article 25, if the national emergency state has not been fully completed, the duration of the special accounting may be prolonged to a further date, in any case not longer than 36 months from the expiration of the first term identified in accordance with article 24, paragraph 3. For further interventions and activities to be carried out according to ordinary spending procedures with the availability remaining at the closing of the special accounting, the resources lying therein may be transferred to the region or, where existing, to the regional agencies or competent implementing bodies responsible for carrying out the civil protection function. For the interventions and activities referred to in this paragraph under the jurisdiction of State Administrations, the related financial resources remaining are paid at the entry of the State budget for subsequent reassignment.
6. Resources deriving from the closure of the special accounts referred to in this article are bound to the execution of the operations envisaged in the implementation plans of the ordinances adopted pursuant to article 25. In order to favor the use of resources deriving from the closure of the special accounting referred to in this paragraph according to the ordinary procedures of expenditure, the provisions of article 1, paragraphs 787, 788, 789 and 790 of Law n.205 of December 27, 2017.
7. Without prejudice to the provisions of article 1 of the Decree-Law of May 25, 1994, n. 313, converted, with amendments, by the law of July 22, 1994, n. 460, until the cessation of the effects of the civil protection orders, any executive action remains suspended, including those referred to in articles 543 and following of the code of civil procedure and those referred to in articles 91 and following of Legislative decree n.104 of July 2, 2010, and the foreclosures notified are ineffective.
8. Paragraph 7 applies to resources directed to finance the special accounting established by civil protection orders; these resources cannot be subject to foreclosure or seizure until final closure of the relevant special accounts.
9. Disputes relating to the execution of actions and activities carried out on the basis of the ordinances referred to in Article 25 or included in programs for the reconstruction of territories affected by natural disasters cannot be devolved to arbitration boards.
10. In order to ensure expenditure savings, all compromises and compromise clauses provided in the contracts agreed for the implementation of operations and activities connected with emergency state declarations pursuant to Article 24, are null and void.
11. As per the execution of the jurisdictional measures issued as a result of disputes related to the execution of actions and activities deriving from this decree, the deadline set forth in article 14, paragraph 1, of Decree-law n. 669 of December 31, 1996, converted, with amendments, from law n. 30 of February 28, 1997, is fixed to 180/ one hundred and eighty days.
Notes to art. 27:
- The text of art. 44.ter, paragraph 8 of the law n.196 of 31 December 2009, containing the "Law of accounting and public finance": "Art. 44-ter (Progressive elimination of accounting management operating under special accounting or treasury current accounts) (Omissis) 8. The opening of new special accounts, whose funds are set up by the payment of amounts entered in allocations, is not permitted as expenditure of the state budget, subject to the exclusions provided for in letter p) of art. 40, paragraph 2. ».
- The text of articles 60 and 61 of the Royal Decree n.2440 of 18 November 1923, containing «New provisions on the administration of the assets and on the general accounting of the State.»:
«Art. 60. Each semester, or in other periods established by special regulations and, in any case, at the end of the financial year, the delegated officials must send the accounts of the sums paid, together with the supporting documents, to the competent administration as evidence deemed necessary.
These findings can also be entrusted to provincial and departmental control offices, by ministerial decree, to be issued jointly with the Minister of Finance, and in which the limits and modalities of the same findings are established.
The statements of expenses to be paid abroad and those for ships traveling outside the State are presented in the manner and terms established by the regulations.
Officials who do not comply with the deadlines for the submission of the accounts are liable, regardless of any disciplinary measures, to pecuniary sanctions to the extent and in the manner determined by the regulation, without prejudice to any judgment of the Court of Auditors to the terms of the subsequent art. 83.
61. The sums collected by the delegated officials on the openings of credit and that have not been disbursed at the end of the financial year can be withheld to make payments of expenses exclusively referable to the past year.
Justification of these payments is included in a supplementary statement to be presented no later than September 30th, without prejudice to the special provisions concerning the expenses for the execution of public works.
The amounts not disbursed at the close of the supplementary statement are paid into treasury. At the end of the financial year, credit openings made to individual officials are reduced to the sum actually collected ».
- The text of articles 333 and 337 of Royal Decree n.827 of May 23, 1924, containing "Regulations for the administration of the assets and for the general accounting of the State.":
Art. 333. 1. When drawing up the accounts of the sums disbursed, at the deadlines provided for in articles 60 and 61 of the law, the appointed officials in office at the time of the same expiry.
2. The reports are presented to the central administration or to the peripheral offices, that are responsible for exercising the reply, within the twenty-fifth day following the period to which each report refers. For the prefectures this term is set on the fortieth day.
3. The accounts must be distinguished for each chapter of the budget and must show the credit openings, the extinguished titles and the residual amount for residual and accruals and separately for sums levied directly by the official person in charge and become available for payment to third parties.
4. The amounts directly withdrawn must be justified by documents proving the sums disbursed.
5. The accounting documents must include:
a);
b) the entry receipts referred to in the following art. 495 and art. 61 of the law;
c) all the necessary documents proving the regularity of all disbursements.»
«Art. 337. When the reports are not presented under the terms established by articles 333, 334 and 335 and this does not depend on force majeure, those who are required to submit them can apply, regardless of any disciplinary measures and the judgment of the Court of Auditors under the terms of art. 83 of the law a pecuniary sanction no greater than 1,000,000 Lira. The penalty is imposed by decree issued by the Head of the central administration. The decree must be registered with the Court of Auditors and carried out by administrative bodies withholding on the competences of the officials. As per the decrees issued for such penalties the Central Administrations shall notify the General Direction of the Treasury.».
- Art. 42 of the legislative decree 14 March 2013, n. 33, states the following : "Reorganization of the discipline concerning the right of civic access and the obligations of publicity, transparency and dissemination of information by public administrations»:
«Art. 42 (Publication obligations concerning extraordinary and emergency interventions that involve exceptions to the current legislation) 1. Public administrations that adopt contingent and urgent measures and in general extraordinary measures in case of natural disasters or other emergencies, including the committees and extraordinary administrations constituted according to Law n.225 of February 24, 1992, or urgent legislative measures, states the following :
a) the measures taken, with express indication of any legal provisions that may be deviated and the reasons for the exemption, as well as the indication of any administrative or judicial acts that have occurred;
b) the time limits established for the exercise of the powers to adopt extraordinary measures;
c) the expected costs of the relief operations and the actual costs incurred by the administrations;
d)
1-bis. The Commissioners delegated as per art. 5, of Law n.225 of February 24, 1992, directly perform the functions for the prevention of corruption as per art.1, paragraph 7, of Law n.190 of November 6, 2012, and transparency pursuant to art. 43 of the present decree".
- The text of art. 1, paragraphs 787, 788, 789 and 790 of Law n. 205 of December 27, 2017, containing the «State Budget for the 2018 financial year and the multi-year budget for the three-year period 2018-2020.”
«Art. 1.
(Omissis)
787. Resources deriving from the closing of special accounts pursuant to art. 5, paragraphs 4-ter and 4-quater, of the law of 24 February 1992, n. 225, are bound to carry out the interventions provided for by the ordinances adopted pursuant to paragraphs 2 and 4-ter of art. 5 of the same law n. 225 of 1992.
788. In order to encourage the use of resources deriving from the closure of special accounts pursuant to paragraph 787 in conformity with ordinary spending procedures, starting from 2018 the local authorities are required to achieve a positive value in the year of transfer of resources of the balance referred to in art. 1, paragraph 466, of law n.232 of 11 December 2016, equal to the difference between the resources paid following the closure of civil protection special accounts, pursuant to art. 7, paragraph 4, of Legislative decree n. 90 of May 12, 2016, and related commitments incurred in the period of reference.
789. Within the limits of the positive balance referred to in paragraph 788, in the financial years following the repayment and, in any case, no later than the fifth year, financial institutions are assigned to the territorial bodies within the scope of the national agreements pursuant to art. 10, paragraph 4, of law n.243 of December 24, 2012, to an even extent, for each year, to the investments planned annually in the plans containing all interventions aimed at overcoming the emergency situation, to be achieved through use of the results achieved by the administration of previous years accumulated following the lack of use of such allocated resources by the closure of special accounts.
790. For the implementation of the provisions referred to in paragraphs 788 and 789, the local authorities shall communicate, within the peremptory deadline of 20 January of the year following that of the transfer of resources, to the Ministry of Economy and Finance - General Accounting Department of the State, through the web application http://pareggio-bilancio.mef.gov.it, the financial amount required for the planned investments referred to in paragraph 789. The sum of the programmed financial availability is equal to the positive balance achieved in the year of the transfer of resources ».
- The text of art. 1 of Decree-Law n.313 of May 25, 1994, reports on the "Discipline of foreclosures on the special accounts of the prefectures, the administrative directions of the Armed Forces and the Guardia di Finanza /Revenue Guard Corps", converted, with amendments, by Law n. 460 of 22 July 1994,: "Article 1 (Foreclosures on the special accounts of the prefectures, the administration departments of the Armed Forces and the Guardia di Finanza) 1. The special accounting funds available to the prefectures, the administration departments of the Armed Forces and Finance, as well as the openings of credit in favor of delegated officials from military bodies, offices or departments of the State Police, Prison Police and State Forestry Corps, the Department of the Central Inspectorate of quality protection and repression of frauds of foodstuffs/agricultural products and the commands of the National Firefighters Corps, or the Ministry of Interior's Cashier, in any case dedicated to civil protection services and purposes, national defense and public security as well as supervision, prevention and repression of fraud in the agricultural sector, food and forestry, the reimbursement of expenses anticipated by the municipalities for the organization electoral consultations, as well as the payment of emoluments and pensions of any kind to the staff administered, are not subject to forced execution, except for the cases provided for by Chapter V of Title VI of Book I of the Civil Code, as well as by the Consolidated Laws concerning the seizure, foreclosure and sale of salaries, payments and pensions of employees of public administrations, approved by Decree of the President of the Republic n. 180 of January 5, 1950.
2. Foreclosures and seizures concerning sums received in the special accounts of prefectures and administrative departments and in favor of the delegated officials referred to in paragraph 1, are carried out exclusively, under penalty of nullity detectable ex officio, according to the provisions of Book III - Title II - Chapter II of the code of civil procedure, with deed notified to the director of accounting responsible in the prefectures or to the director of administration or delegated official in whose constituency reside the private subjects concerned, with the effect of suspending each issue of payment orders with respect to the sums seized.
3 The prefecture official, or the director of administration or a delegated official who has been notified of foreclosure, is bound to limit the amount, provided that there are special funds on the special accounts whose destination is different from what declared in paragraph 1, for which we proceed with annotation in the newspaper; the notification remains ineffective with respect to payment orders that have already been issued.
3. No foreclosure documents pursuant to this article are permitted in the treasury sections of the State, under penalty of nullity also detectable ex officio. The acts of foreclosure or seizure possibly notified do not determine the obligation to set aside by the sections themselves or suspend the accreditation of sums in the special accounts held in the prefectures and the administrative directions and in those in favor of the delegated officials referred to in paragraph 1.
4. The notification of any other consequential act in the proceedings relating to the attachment or seizure acts shall be carried out according to the same procedures established in paragraph 2 ".
- The text of art. 543 of the code of civil procedure bearing:
"Art. 543. (Form of foreclosure). The attachment of a debtor's claims against third parties or the designation of a debtor’s assets to third parties shall be carried out by means of an act notified to the third party and to the debtor in accordance with Articles 137 and subsequent articles.
The deed must contain, in addition to the injunction to the debtor pursuant to art. 492:
1. the indication of the credit for which legal actions are taken, of the enforceable title and the precept;
2. the indication, at least generic, of the assets or sums owed and the notice to the third party not to dispose of them without a judicial order ;
3. the declaration of residence or the election of domicile in the municipality where the competent court is located and the indication of the creditor’s certified e-mail address ;
4. The summons of the debtor to appear before the competent court, with an invitation to the third party to communicate the declaration pursuant to art. 547 to the creditor proceeding within ten days by registered mail or certified e-mail; with the warning to the third party that in case of failure to communicate the declaration, the same must be given by the third party appearing in a special hearing and in case the third party does not appear or does not make the declaration, the attached credit or the possession of assets belonging to the debtor, in the amount or terms indicated by the creditor, will be considered as not contested for the purposes of the proceedings in progress and of the execution based on the allocation order. In indicating the hearing for appearance, the deadline is set forth in art. 501.
Once the last notification has been made, the judicial officer delivers the original of the summons without delay to the creditor. The creditor must file in the registry of the competent court the note of registration with the role, with certified copies of the summons, the enforceable title and precept, within thirty days of delivery. Conformity of these copies is certified by the creditor's lawyer for the sole purpose of this article. At the time of filing the registrar forms of the execution file. The foreclosure or seizure loses its effectiveness when the note of registration and the copies of the documents referred to in the second period are filed after the thirty days deadline upon delivery to the creditor.
When proceeding pursuant to art. 492-bis, the judicial officer delivers to the creditor without delay the minute/report, the enforceable title and precept, as stated in the provisions of the fourth paragraph are applied. After the deadline as per art. 501, the attaching creditor and each of the creditors intervening with an enforceable title may request the assignment or sale of the movable assets or the assignment of credits. On the application referred to in the previous period, the judge sets the hearing for the court judgement of the creditor and of the debtor pursuant to articles 552 or 553. The decree setting the hearing referred to in the previous period is notified to care of the creditor in progress and must contain the invitation and warning to the third party referred to in number 4) of the second paragraph.».
- The text of art. 91 of Legislative decree n.104 of July 2, 2010, containing "Implementation of art. 44 of Law n.69 of June 18,2009, delegates the government to reorganize the administrative process ":
"Art. 91. (Remedies) 1. The remedies of the judgments are the appeal, revocation, opposition of a third party and appeal in cassation for the sole reasons inherent to the jurisdiction in place "
- The text of art. 14, paragraph 1 of Decree-Law n. 669 of December 31, 1996, containing «Urgent provisions on tax, financial and accounting matters to complete public finance operation for the year 1997», converted, with amendments, by law n. 30 dated February 28, 1997:
«Art.14. (Forced enforcement against public administrations) 1. State administrations, non-economic public bodies and the Revenue agency – Recovery of funds complete the procedures for the execution of jurisdictional measures and arbitration awards having executive effect and involving the obligation to pay sums of money within the period of 120/ one hundred and twenty days from notification of the enforceable title. Before this term the creditor cannot proceed by forced execution or notification of a deed of obligation. ».

Art. 28
Regulation of measures to implement against impediments to the recovery of ordinary living conditions in the areas struck by disaster (Article 5 law 225/1992; Article 23-sexies, paragraph 4, law-decree 6/1998, conv. law 61/1998; Articles 107 and 108 leg-decree112/1998)

1. In order to start the implementation of the first measures to cope with damage occurred to public, private and economic and productive assets, in implementation of letter e) of paragraph 2, article 25, regarding the recognition of needs completed by the delegated Commissioners and forwarded to the Civil Protection Department, with appropriate resolutions of the Council of Ministers, to be adopted in implementation of the provisions of letter f) of the aforementioned Article 25, the procedures for granting subsidies, contributions and forms of recovery in favor of public, private and economic and productive activities, damaged in compliance with the following criteria and within the limits of the resources available under current legislation:
a) definition of financial ceilings, on the basis of the effects determined by the type of disaster commensurate with the event’s intensity and extent;
b) definition of consistent methodologies for the entire national territory;
c) for damages suffered by private parties and by economic and productive activities, in whole or in part compensated by insurance companies, it is envisaged that the payment of any public contribution for temporary relocation to another location within national territory, for reconstruction, repair or restoration of damages occurs only provided that the contribution thus determined is supplemented with a further sum equal to the insurance premiums paid by the damaged parties in the five year period prior to the event;
d) the exclusion of use of illegal damaged or destroyed buildings from any provisions aimed at overcoming the state of emergency.
2. Subsequent civil protection ordinances adopted in agreement with the Minister of Economy and Finance regulate the procedures and terms for the submission of applications and related preliminary investigation.

Art. 29
Participation of the National Service for emergency interventions in the international field and the Union Civil Protection Mechanism(Articles 5 law 225/1992, Article 4, paragraph 2, Decree-Law 90/2005, Law 152/2005, Article 40, paragraph 2, letter p), law 96/2009; Article 10 law 125/2014; Article 27 law 115/2015)

1. Without prejudice to the responsibilities of the Ministry of Foreign Affairs and International Cooperation and of the Italian Agency for Development Cooperation, in accordance with the provisions of Article 10 of the Law n. 125 of August 11, 2014, the participation of the National Service in emergency relief operations and first aid abroad is governed by the provisions of articles 23, 24 and 25, to be adopted, to the extent of their competence, at the request of the same Ministry. In this case, the declaration referred to in Article 23 and resolution referred to in Article 24 respectively take the name of "declaration of the state of mobilization of the National Civil Protection Service and resolution of the state of emergency for intervention abroad ". In the Decree by the President of the Council containing the resolution of the state of mobilization of the National Service for intervention abroad, all financial resources are identified within the limits of the allocations of the Fund for national emergencies referred to in Article 44 and the resources allocated for in Article 10 of law n. 125 of August 11, 2014. In agreement with the Civil Protection Department and with the Ministry of Foreign Affairs and International Cooperation, the Regions and the Autonomous Provinces of Trento and Bolzano can provide assistance to foreign territorial bodies with which they have established, in compliance articles 46, 47 and 48 of Law n. 88 of July 7, 2009, a European grouping of territorial cooperation, even in the absence of the measures referred to in Articles 24 and 25.
2. Without prejudice to the provisions of article 8, paragraph 1, letter l), in reference to the participation of the national service to the "European Emergency Response Capacity (EERC)" set up, as part of the Union Civil Protection Mechanism, by article 11 of Decision no. 1313/2013 / EU of the European Parliament and of the Council of December 17, 2013, in compliance with paragraph 1, provides for the use of modules, means, equipment and qualified experts, specifically trained and registered in the Common Communication and Information System in case of emergency (CECIS).
3. If a request for assistance is received through the Emergency Response Coordination Center (ERCC) and there are no impediments as per Article 11 (7) of Decision no. 1313/2013 / EU, the Head of the Civil Protection Department, pending the resolution referred to in Article 24, activates and coordinates the resources referred to in paragraph 2 of this article, after informing the President of the Council of Ministers and giving notice to the competent parliamentary committees. The Head of the Civil Protection Department may withdraw such resources if there are serious reasons as set out in Article 11 (8) of Decision 1313/2013 / EU.
4. The Department of Civil Protection undertakes any initiative useful for the participation of the National Service in the EERC, including the conclusion of agreements and contracts with administrations and organizations, also making use of the financial resources provided for in Decision no. 1313/2013 / EU.

Notes to art. 29:
-The text of art. 10 of law n.125 of 11 August 2014, entitled "General Discipline on International Development Cooperation":
"Art.10. (International humanitarian emergency interventions) 1. International humanitarian emergency interventions included in the PSC are aimed at the relief and assistance of the populations and the rapid re-establishment of the conditions necessary for the resumption of development processes and are deliberated by the Minister of Foreign Affairs and International Cooperation and implemented by the Agency pursuant to art. 17, also making use of the subjects referred to in Chapter VI, having specific and proven experience in the matter, making use, where possible, of the subjects operating on site for those most urgent first emergency operations.
2 On proposal of the Minister for Foreign Affairs and International Cooperation, the Council of Ministers may entrust relief operations in international humanitarian emergency interventions as per paragraph 1 to other administrations, including the Department of Civil Protection under the Presidency of the Council of Ministers, which, to this end, act according to their own operating and spending procedures and organize the first-aid interventions entrusted, defining the type and duration of the agreement with the Ministry of Foreign Affairs and International Cooperation and with the Agency referred to in art. 17. Current regulations concerning first emergency measures abroad by the Department of Civil Protection under the Presidency of the Council of Ministers, pursuant to art. 4 of the Decree-Law n. 90 of 31 May 2005, converted, with amendments, by law n. 152 of July 26, 2005».
- The text of articles 46, 47 and 48 of law n.88 of 7 July 2009, containing «Provisions for the fulfillment of obligations deriving from Italy's membership of the European Communities - Community law 2008»:
«Art. 46. (Constitution and legislation of the GECTs)
1. The European Groups for Territorial Cooperation (GECT) established pursuant to EC regulation n. 1082/2006 of the European Parliament and Council, on July 5, 2006, having their registered office in the national territory, pursue the objective of facilitating and promoting cross-border, transnational or interregional cooperation for the exclusive purpose of strengthening economic and social cohesion and in any case non-profit making.
2. The EGTC based in Italy have legal personality under public law. The EGTC has acquired legal authority through its registration in the Register of the European Groups of Territorial Cooperation, hereinafter referred to as the "Registry", established at the Presidency of the Council of Ministers - General Secretariat, pursuant to art. 47.
3. The subjects referred to in art. 3 (1) of the aforementioned Regulation (EC) 1082/2006 can be registered members. For the purpose of setting up or participating in an EGTC, for "regional authorities" and "local authorities" as per art. 3, paragraph 1, of the aforementioned regulation, means respectively the regions and the autonomous provinces of Trento and Bolzano and the local authorities referred to in art. 2, paragraph 1, of the Consolidated Law on the organization of local authorities, pursuant to Legislative Decree n.267 of August 18, 2000.
4.The convention and statute of an EGTC, provided for by articles 8 and 9 of the aforementioned regulation (EC) no. 1082/2006, are approved unanimously by its members and are drafted in public form pursuant to Articles 2699 following the Civil Code, under penalty of nullity. The bodies of an EGTC established in Italy, as well as the operating procedures, the respective powers and the number of member representatives in these bodies, are established in the by-laws. The specific aims of the EGTC and related tasks are defined by the EGTC members in the founding convention. Without prejudice to the provisions of art. 7, paragraphs 1, 2, 4 and 5 of the aforementioned regulation (EC) no. 1082/2006, members can in particular entrust the EGTC with:
a) the role of Managing Authority, the exercise of the tasks of the Joint Technical Secretariat, the promotion and implementation of operations under the programs co-financed by the Community Structural Funds and linked to the European territorial cooperation objective, as well as the promotion and implementation of interregional cooperation actions included in the other operational programs co-financed by the Community Structural Funds;
b) the promotion and implementation of operations included in the programs and projects financed by the Fund for under-utilized areas pursuant to art. 61 of law n.289 of 27 December 2002, implementing the 2007-2013 national strategic framework, provided that these operations are consistent with the priorities listed in art. 6 of the aforementioned EC regulation no. 1080/2006 and contribute, through joint interventions with other European regions, to more effectively achieve the objectives set for such programs or projects, with benefits for the national territories.
5. In addition to the tasks referred to in paragraph 4, the EGTC may also be entrusted with the implementation of other specific actions of territorial cooperation, provided they are consistent with the aim of strengthening economic and social cohesion, as well as in compliance with the State’s international commitments.
Art. 47. Authorization to set up a ECTC (GECT)
1. The potential members of an EGTC submit a request to the Presidency of the Council of Ministers - General Secretariat, that can also be a joint request, of authorization to participate in the constitution of an EGTC, accompanied by a copy of the proposed convention and statute. Following such request, the Presidency of the Council of Ministers - General Secretariat shall provide within ninety days of its receipt, upon acquisition of the opinions of the Ministry of Foreign Affairs in relation to correspondence with the national foreign policy guidelines, the Ministry of Interior as regards correspondence with the public order and public security, the Ministry of Economy and Finance as regards correspondence with financial and accounting rules, the Ministry of Economic Development as regards correspondence with the Cohesion policies, the Presidency of the Council of Ministers - Department for Community Policies with regard to the profiles concerning Community compatibility, the Department for Regional Affairs regarding compatibility to participate in the EGTC of the regions, autonomous provinces and local bodies , and of other central administrations which may be competent for the sectors in which the EGTC intends to carry out its activities.
2. Within the maximum term of six months from communication of the authorization, after which it becomes ineffective, each member of the EGTC, or related management body, if already operating, submits the request of registration of the EGTC in the Register established at the Presidency of the Council of Ministers - General Secretariat, attaching to the request a true copy of the Convention and Statute.
- The General Secretariat, verified in the thirty days following the timeliness of the application for registration, as well as the conformity of the convention and the statute approved with respect to those proposed, enters the EGTC in the Register and provides that the statute and the convention are published, at the expense of the EGTC, in the Official Gazette of the Italian Republic. The registration is notified to the administrations that participate in the procedure.
3. The amendments to the convention and to the articles referring to the EGTC are also entered in the Register, according to the procedures and within the same terms set forth in paragraphs 1 and 2. They must also be communicated by publication, by abstract, in the Official Gazette of the Italian Republic and in the Official Journal of the European Union. Full or partial copy of each deed for which the registration is required, pursuant to paragraphs 1 and 2, is issued to anyone who requests it, even by correspondence; the cost of this copy must not exceed administrative costs.
4. The authorization is revoked in the cases provided for by art. 13 of Regulation (CE) n. 1082/2006 of the European Parliament and of the Council of 5 July 2006.
5. Without prejudice to the current regulations on controls/inspection activities, where the tasks of an EGTC related to actions co-financed by the European Union, as set out in art. 6 of the aforementioned Regulation (EC) no. 1082/2006, control over the management and proper use of public funds is carried out, within the scope of their respective powers, by the Ministry of Economy and Finance, the Court of Auditors and the Finance-Tax Revenue Police/Guardia di Finanza.
6. The provisions of the present article apply to the participation of an Italian subject in a previously established EGTC and to the modifications of the convention, as well as to the modifications of the by-laws involving, directly or indirectly, a modification of the agreement.
Art. 48. (Rules on accounting and financial statements of the EGTC) 1. The EGTC draws up the annual and long-term budget estimate, the balance sheet, the income statement, the financial statement and the explanatory notes and submits them to the members, who approve them after hearing the supervisory authorities, as per art. 47, paragraph 5.
2. In order to give a uniform structure to the items of the multi-annual and annual financial statements, as well as to the annual accounts and to make the values included in these items consistent, so as to enable the supervisory administrations of the State where the EGTC has its headquarters; States of membership of other members of the EGTC, as well as the competent bodies of the European Union, to compare the management of the EGTCs, the Minister of Economy and Finance and the Minister of Economic Development, prior agreement with the Permanent Conference for Relations between the State, the regions and the autonomous provinces of Trento and Bolzano, adopt, by inter-ministerial decree, the rules for economic, financial and equity management, in accordance with international accounting standards of the public sector. The subjects that make up an EGTC incorporate the aforementioned rules into the convention and the bylaws.
3. The implementation of this article and articles 46 and 47 must not result in new or greater burdens on public finance. The relevant public administrations shall ensure the implementation of this Article and of Articles 46 and 47 with the human, financial and instrumental resources available under existing legislation.
- The text of art.11 of the Decision of the European Parliament and of the Council on a Union Civil Protection Mechanism dated 17 December 2013, n. 1313/2013 / EU :
«Art. 11. (European emergency response capacity)
The European Emergency Response Capacity (EERC) is established. It consists of a voluntary pool of pre-committed response resources from the Member States and includes modules, other means of response and experts.
2. The Commission defines, on the basis of the risks identified, the types and quantity of the main response resources required for EERC ("device targets").
3. The Commission shall determine the quality requirements of the response resources that Member States undertake within the EERC. Quality requirements are based on recognized international criteria, where such criteria already exist. Member States are responsible for the quality of their response.
4. The Commission defines and manages the process of certification and registration of the response means made available by the Member States provided by EERC.
5. Member States shall identify and register, on a voluntary basis, the response media they undertake within the EERC. Multinational modules created by two or more Member States are jointly registered by all the Member States concerned.
6. Response means made available by the Member States within EERC are always available at national level.
7. The resources made available to the EERC by the Member States for response operations under the Union Mechanism upon request for assistance submitted via the ERCC. The final decision on their mobilization is taken by the Member States that have registered the response means/resources concerned. Where national emergencies, force majeure or, in exceptional cases, other serious reasons prevent a Member State from making available such resources to face a specific disaster, that Member State shall inform the Commission as soon as possible with reference to this Article.
8. Where response means of the Member States may be mobilized , they continue to be under their command and control and can be withdrawn in case of national emergency, or force majeure, and in extraordinary cases, other severe reasons may prevent a Member State from keeping his response means available, provided the offering Member State has consulted with the Commission. As per articles 15 and 16 , when necessary the Commission facilitates coordination between different response means through ERCC.
9. The Member States and the Commission guarantee adequate public knowledge as per all operations participated by ERCC.».

Art. 30  Other provisions relating to the use of distinctive signs of the Civil Protection Department (Article 15, paragraphs 2 and 3, Decree-Law 39/2009, Law 77/2009, Article 10-bis Decree-Law 93/2013, conv. law 123/2013 )

1. The use of logos, emblems, titles or denominations and any other distinctive sign of the image, referred to the Presidency of the Council of Ministers - Department of Civil Protection, is exclusively reserved for operators belonging to it.
2. Without prejudice to the faculty of the Head of Department to authorize temporary use of titles, emblems and identifying names/signs as per paragraph 1, and in derogation of the same, also in the framework of cultural and editorial initiatives consistently with institutional and image promoting purposes by the same Department, anyone who makes undue use will be punished with a fine ranging from 1,000 euros to 5,000 euros, unless the fact constitutes a more serious offense.
3. In order to ensure that the staff in service under the Civil Protection Department can be promptly identified in the performance of civil protection activities referred to in Article 2, paragraph 6, by Decree of the President of the Council of Ministers as per dispositions provided regarding the discipline of uniforms and their use.
4. The decree referred to in paragraph 3 also provides for the regulatory measures with regard to the institutional flag of the Civil Protection Department , including related methods of use and custody.

 

Chapter V
Participation of citizens and organized civil protection volunteer service

Section I
Active citizenship and participation

Art. 31 Participation of citizens in civil protection activities (Article 18 law 225/1992; Article 4, paragraph 2, legislative decree 117/2017)

1. The National Service promotes initiatives aimed at increasing the resilience of communities, encouraging the citizens participation , individually and in associate form, by professional training, civil protection planning as provided in art. 18, including the dissemination of knowledge and civil protection culture.
2. The members of the National Service, within their respective assignments, provide citizens with information on risk scenarios and on the organization of civil protection services in their territory, also in order to enable them to adopt self-protection measures in emergency situations. in Article 7, paragraph 1, letters a), b) and c), during which they have the duty to comply with instructions given by the civil protection authorities in accordance with the provisions of the planning instruments.
3. Citizens may participate in civil protection activities as well as acquire the necessary knowledge to operate in an effective, integrated and aware manner, by participating in organized voluntary work in the sector, in conformity with the provisions of Article 32 and Section II of this Chapter, or on a temporary basis, where possible, in case of emergency situations, acting in a personal and responsible way for the implementation of immediate interventions directly referred to the person, family or proximity, jointly and coordinated with the activities of the aforementioned organizations.
4. The Regions and autonomous provinces can regulate other forms of participation by citizens besides emergency relief activities which are not directly referred to personal, family or neighborhood contexts.

Art. 32  Integration of volunteering organized in the National Civil Protection Service (Article 18 of Law 225/1992, Article 8, paragraph 1, Decree-Law 90/2005, Law 152/2005, Article 4, paragraph 2, 5, paragraph 1, letter y), 17, 32, paragraph 4, and 41, paragraph 6, legislative decree 117/2017)

1. A civil protection volunteer is a person who chooses, by free will to carry out voluntary work for the community and the common good, as part of the civil protection activities referred to in Article 2, making available his/her own time and ability to acquire, within the organizations or other forms of organized voluntary service referred to in this Chapter, the training and preparedness necessary to contribute to the promotion of effective responses to the needs of citizens and communities benefiting from his/her action in a personal, spontaneous and free, non-profit, even indirect way and exclusively for purposes of solidarity participating, with devotion and commitment to a free and organized force that helps to improve the lives of all.
2. The National Civil Protection Service promotes the broadest participation of organized voluntary organizations in civil protection activities as provided in Article 2, recognizing their value and social function for the purpose of fulfilling the mandatory duties of solidarity referred to in the same article, second paragraph of the Constitution and, as an expression of the principles of free participation, solidarity and pluralism, recognizes and stimulates initiatives and ensures adequate coordination.
3. Participation of the voluntary service in the National Service is carried out through Third sector bodies, including Municipal groups, that perform those civil protection activities referred to in Article 5, paragraph 1, letter y) of Legislative decree n. 117 of July 3, 2017, as well as other forms of voluntary organized purpose-built activities, for non-profit pursuit of civic, solidarity and social utility purposes competing to perform the civil protection function referred to in Article 1.
4. In compliance with the provisions of articles 3, 4, paragraph 2.32, paragraph 4, and 41, paragraph 6, of Legislative decree n.117 of July 3, 2017, the provisions of the aforementioned legislative decree apply to the voluntary service referred to in paragraph 2 as compatible with the provisions contained in this Chapter.
5. The ways and forms of voluntary participation in civil protection activities are defined by the provisions contained in Section II of this Chapter, which are principles of state legislation on the subject and regulate, in particular, tools and procedures for the purpose of:
a) ensuring the integration of voluntary work in the organization of the National Service, including at the local level, regulating its preparation, activation and use in a coordinated manner;
b) participation of volunteers in the activity of preparation and implementation of civil protection plans and activities of forecasting, prevention, management and overcoming of emergency situations referred to in Article 7, paragraph 1, letters a), b) and c ), providing for the reimbursement of expenses incurred, the maintenance of the job and related economic retribution and social security in the periods of employment recognized under point a), and the guarantee of insurance coverage of the interested parties;
c) the awarding of grants for the upgrading of operational capacity, the improvement of technical preparation of volunteers and development of community resilience.
6. With directives to be adopted pursuant to Article 15, after obtaining the opinion of the Committee referred to in Article 42, guidelines are given to ensure, in compliance with the peculiarities of specific territories, the unitary and effective implementation of the provisions of Section II of the present Chapter.

Notes to art. 32:
- The text of articles 3, 4, paragraph 2, 5, paragraph 1, letter y), 32, paragraph 4 and 41, paragraph 6 of Legislative decree n.117 of July 3, 2017, on the «Third sector code, pursuant to art. 1, comma 2, letter b), of Law n.106 of June 6, 2016:
"Art. 3. (Applicable standards) 1. The provisions of the present Code when compatible apply also to the categories of Third sector bodies that have a particular discipline.
2. For matters not provided for in this Code, the provisions of the Civil Code and related implementing provisions shall apply to Third sector bodies, insofar as they are compatible.
3. Except as provided for in Chapter II of Title VIII, the provisions of this Code do not apply to the bodies referred to in Legislative Decree n. 153 of May 17, 1999.«Art. 4. (Third sector bodies)
1. (Omissis)
2. The public administrations referred to in art. 1, paragraph 2, of the legislative decree 30 March 2001, n.165, the political formations and associations, the trade unions, the professional associations and the representation of economic categories, the employer associations, as well as the bodies subject to direction and coordination or controlled by the aforementioned bodies, excluding the subjects operating in the civil protection sector whose discipline is provided in accordance with art. 32, paragraph 4. The Fire brigade voluntary bodies from the Autonomous Provinces of Trento and Bolzano and the Autonomous Region of Valle d'Aosta are excluded from the scope of this paragraph.
Art. 5. (Activities of general interest) 1. Third sector entities, other than social enterprises including social cooperatives, exercise in an exclusive or principal way one or more activities of general interest for the non-profit pursuit of civic, solidarity and social utility purposes. The following are considered to be of general interest, if carried out in compliance with the particular regulations governing the exercise of the same, with regard to:
y) civil protection pursuant to law n.225 of February 24, 1992, and subsequent modifications;»
«Art. 32. (Volunteer organizations)
4. The provisions of this chapter shall be applied to the volunteer organizations that carry out the activity referred to in art. 5, paragraph 1, letter y) in compliance with the provisions on civil protection and the related regulations provided in the framework of the provisions of art. 1, paragraph 1, letter d), of law n.30 of March 16, 2017.»
«Art. 41.(associative networks)
6. The provisions regarding associative networks operating in the sector as per art 5, paragraph 1, letter y) are applied in conformity with civil protection provisions and with regard to this matter art.1, paragraph 1, letter d) of March 16, 2017, n.30 apply.».
Section II
Regulation of participation in civil protection activities of the organized voluntary service
Art. 33
Regulation of volunteer organizations and associative networks operating in the civil protection sector as per art. 4, par. 2, 32, par. 4, and 41, par. 6, of legislative decree n.117 of July 3 2017, (Article 5, par. 1, letter a), 4, par.1,m letter m) and 7, par. 1, law 106/2016; Article 4, par. 2, 32, par. 4, 41, par. 6, and 53, legislative decree 117/2017; Article 1, decree issued by the President of the Republic 194/2001)
1. To operate in the civil protection sector, in order to safeguard its specificity, volunteer organizations, associative networks and other Third sector entities registered in the Single Register referred to in Article 46 of Legislative Decree n.117 of July 3, 2017, that deem the civil protection sector to be promoter of activities of general interest in which volunteers operate as per Article 5 of the aforementioned Legislative decree, as well as other forms of organized civil protection voluntary work, are subject to the obligation to register in the National List of the civil protection voluntary service referred to in article 34. With the provision to be adopted pursuant to Article 53 of Legislative Decree n. 117 of July 3, 2017, after consulting the Civil Protection Department, providing for the necessary coordination of the discipline upon enrollment in the Single Register referred to in Article 46 of the aforementioned decree and registration in the National List referred to in Article 34.
2. The Civil Protection Department and the civil protection structures of the Regions and Autonomous Provinces of Trento and Bolzano exercise functions related to the drafting, updating, conservation and periodic review of the National List referred to in Article 34.
3. Pursuant to the provisions of article 41, paragraph 6, of Legislative decree n. 117 of July 3, 2017:
a) national associative networks are referred to in paragraph 1 of the aforementioned Article 41, that operate in the civil protection sector, and associate no less than 20 organizations belonging to Third sector bodies, whose legal or operational offices are present in at least two Regions or autonomous Provinces and are registered in the national List referred to in Article 34;
b) national associative networks are those referred to in paragraph 2 of the aforementioned Article 41, only for the purposes of the provisions of article 96 of the aforementioned legislative decree, including those that associate no less than 100 organizations belonging to Third sector bodies and operating in the civil protection sector, holding legal or operational offices in at least three autonomous regions or provinces and which are registered in the National List referred to in Article 34.
4. The supervising, monitoring and public control operations of Third sector bodies operating in the specific sector of civil protection and their activities, aimed at ensuring consistency and correct compliance with the legislative, statutory and regulatory provisions applicable to them, are implemented, pursuant to articles 92 and following Legislative decree n.117 of July 3, 2017, in collaboration with the Civil Protection Department and with the civil protection structures of the Regions and Autonomous Provinces of Trento and Bolzano. The relative regulations are provided by specific provisions within the decree referred to in Article 96 of the aforementioned Legislative decree n. 117 of 2017, on the basis of technical proposals formulated jointly by the Civil Protection Department and by the civil protection structures of the Regions and Autonomous Provinces of Trento and Bolzano.

Notes to art. 33:
- The text of articles 5, 41, 46, 53, 92 and 96 of legislative decree n.117 dated July 3, 2017, bearing «Third sector code, pursuant to art. 1, comma 2, letter b), of law n. 106 of June 6, 2016»:
«Art. 5. (Activities of general interest) 1. Third sector bodies, other than social enterprises, including social cooperatives, services, one or more activities of general interest for a non-profit pursuit of civic, solidarity and social utility purposes. We consider the activities of interest to be of general interest, if carried out in compliance with the particular regulations governing the exercise of the same:
a) social interventions and services pursuant to art. 1, paragraphs 1 and 2, of Law n.328 of November 8, 2000, and successive modifications, and interventions and services provided in Law n. 104 of February 5, 1992, and to Law n.112 of June 22, 2016, and subsequent modifications;
b) interventions and health services;
c) social and health benefits as per Decree of the President of the Council of Ministers of February 14, 2001, published in Official Journal no. 129 of June 6, 2001, as amended;
d) education, instruction and professional training, according to Law n.53 of March 28, 2003, as amended, including cultural activities of social interest with educational purposes;
e) interventions and services aimed at safeguarding and improving the conditions of the environment and rational use of natural resources, with the exclusion of activities that are carried out ordinarily such as collection and recycling of urban, special and hazardous waste;
f) interventions for the protection and enhancement of cultural heritage and landscape, pursuant to Legislative Decree n.42 of January 24, 2004, and subsequent modifications;
g) University and post-graduate education;
h) scientific research of particular social interest;
i) organization and management of cultural, artistic or recreational activities of social interest, including activities, editorial initiatives, for the promotion and dissemination of the culture and practice of volunteering and activities of general interest as set out in this article.
j) sound broadcasting of a Community nature, pursuant to art. 16, paragraph 5, of law n. 223 of August 6, 1990, and subsequent modifications;
k) organization and management of tourist activities of social, cultural or religious interest;
l) extra-scholastic training, aimed at preventing school dropout rates to increase and promote educational success, preventing bullying and combating educational poverty; m) services instrumental to Third sector entities rendered by bodies composed not less than seventy percent by Third sector bodies;
n) development cooperation, pursuant to Law n. 125 of August 11, 2014, and subsequent modifications;
o) commercial, productive, education and information activities, promotion, representation, licensing of trademarks and logos, carried out within or in favor of fair trade chains, to be understood as a business relationship with manufacturers operating in disadvantaged economic areas, normally located in a developing country, on the basis of a long-term agreement aimed at promoting producer access to the market and providing for the payment of a fair price, development measures in favor of the producer and the obligation of the producer to guarantee safe working conditions, in compliance with national and international regulations, so as to allow workers to lead a free and dignified existence, and to respect trade union rights, as well as to engage against child labor abuse;
p) services aimed at the inclusion or reintegration in the labor market of workers and persons referred to in art. 2, paragraph 4, of the legislative decree revising the regulation on social enterprise, as per art. 1, paragraph 2, letter c), of law n. 106 of June 6, 2016;
q) social housing, pursuant to the Ministry of Infrastructure Decree of April 22, 2008, as amended, as well as any other temporary residential activity aimed at satisfying social, health, cultural, training or work needs;
r) humanitarian reception and social integration of migrants;
s) social agriculture, pursuant to art. 2 of law n. 141 of August 18, 2015, and subsequent amendments;
t) organization and management of amateur sports activities;
u) charity, distance support, free supply of food or products as per Law n.166 of August 19, 2016, and subsequent modifications, or disbursement of money, goods or services to support disadvantaged persons or activities of general interest pursuant to this article;
v) promotion of the culture of legality, peace among peoples, nonviolence and unarmed defense;
(w) activities regarding promotion and protection of human, civil, social and political rights, as well as the rights of consumers and general users referred to in this Article, promotion of equal opportunities and mutual aid initiatives, including time banks pursuant to art. 27 of law n. 53 of March 8, 2000, and solidarity groups pursuant to art. 1, paragraph 266, of law n. 244 of December 24, 2007;
x) care of procedures for international adoption pursuant to law n. 184 of May 4, 1983;
y) civil protection according to law n.225 of February 24, 1992, and subsequent amendments;
z) requalification of unused public goods or assets confiscated from organized crime.
2. Taking into account the civic, solidarity and social purpose finalities of art. 1, paragraph 1, of law n. 106 of June 5, 2016, as well as the purposes and principles set out in articles 1 and 2 of this Code, the list of activities of general interest referred to in paragraph 1 may be updated by Decree of the President of the Council of Ministers to be adopted pursuant to art. 17, paragraph 3, of law n. 400 of August 23, 1988, on the proposal of the Minister of Labor and Social Policies jointly with the Minister of Economy and Finance, upon agreement with the Unified Conference, and approval by the competent parliamentary committees, which are expressed within (30) thirty days from the date of transmission of the decree, after which the latter may in any case be adopted.»
«Art. 41. ( associative networks ) 1. Associative networks are Third sector bodies established in associative form, identified or not, which:
a) constitute associations, also indirectly through partner bodies, provided these are not less than 100 bodies belonging to the Third sector, or alternately constituting 20 Third sector foundations, whose legal offices or operational quarters are present in at least five regions and autonomous regions;
b) perform, also through the use of information tools suitable to ensure knowledge and transparency in favor of the public and its members, activities of coordination, protection, representation, promotion or support of their Third sector bodies and their activities of general interest, also with the aim of promoting and increasing its representativeness among institutional subjects.
2. National associative networks referred to in paragraph 1 are those networks that join up , even indirectly through the organizations belonging to them, not less than 500 bodies of the Third sector or, alternately, at least 100 Foundations of the Third Sector, whose registered offices or operational quarters are present in at least ten regions or autonomous provinces. The associations of the Third sector formed by at least 100 thousand associated physical persons with offices in at least 10 regions or autonomous provinces are treated as national associative networks for the purposes of art. 59, paragraph 1, letter b).
3. National associative networks can exercise, besides ordinary statutory activities, also the following activities:
a) monitoring of tasks and activities of the bodies associated to such networks, also with regard to their social impact and drafting of an annual report to submit to the Third Sector National Council;
b) promotion and development of monitoring operations, including self-checking and provision of technical assistance to the associated bodies.
4. associative networks can promote partnerships and memoranda of understanding with the public administrations referred to in art. 1, paragraph 2, of Legislative decree n.165 of 30 March 2001, and with private subjects.
5. Registration of associative networks in the single national register of the Third sector can occur only under the condition that the legal representatives and administrators have not been sentenced to criminal convictions, for offenses that entail exclusion from public office.
Registration, as well as the establishment and operative exercise for at least one year, are necessary conditions to access the resources of the Fund as per art. 72 which, in any case, cannot be allocated, directly or indirectly, to bodies other than voluntary organizations, social promotion associations and Third sector foundations.
6. The provisions of this article apply to the associative networks referred to in art.5, paragraph 1, letter y) in compliance with the provisions on civil protection, and related regulations shall be provided in accordance with the provisions of art. 1, paragraph 1, letter d), of law n.30 of March 16, 2017.
7. The constitutional acts or the statutes regulate the internal legal system, the governance structure, composition and operability of the social bodies of associative networks in compliance with the principles of democracy, equal opportunities, equality of all members and eligibility of social officials.
8. The constitutional acts or statutes of associative networks can regulate the right to vote of members in the assembly even in derogation as provided in art. 24, paragraph 2.
9. The constitutional acts or the statutes of associative networks may regulate modalities and limits of the voting proxies in the meeting, also in derogation of the provisions of art. 24, paragraph 3.
10. The constitutional acts or the statutes of the associative networks can regulate competences of the assembly of associates also in derogation to what established by the art. 25, paragraph 1.
«Art. 46. (Register Content) 1. The single national Register of the Third sector consists of the following sections:
a) Volunteer Organizations;
b) Social development associations;
c) Philanthropic associations/Charities;
d) Social enterprises, including social cooperatives;
e) Associative networks;
f) Mutual aid companies;
g) Other Third sector bodies.
2. With the exception of associative networks, nobody can be registered in two or more sections at the same time.
3. The Minister of Labor and Social Policies may, by decree of an unregulated nature, hear the Unified Conference, establish sub-sections or new sections or modify the existing sections.
Art. 53 ( Register Operation)
1. Within a year from the date of entry into force of this decree, the Minister of Labor and Social Policies, subject to agreement in the State-Regions Conference, defines, by decree, the procedure for registration in the National Register of the Third sector, identifying the documents to be submitted for the purpose of registration and procedures for filing the deeds pursuant to art. 48, as well as the rules for preparation, filing, conservation and management of the single national register of the Third sector aimed at ensuring consistency and dissemination throughout national territory of the information contained in the register itself and the modalities by which data communication is guaranteed between the Business Register and the single national register of the Third sector with reference to social enterprises and other Third sector bodies registered in the Business Register.
2. The regions and autonomous provinces make the register operational within 180/one hundred and eighty days from the date of entry into force of the decree referred to in paragraph 1 governing the procedures related to the issuing of registration and cancellation regulations for Third Sector entities; within six months from the preparation of the IT structure.
3. The resources needed to allow the establishment and management of the National Single Register of the Third Sector are set at 25 million euros for the year 2018, at 20 million euros for the years 2019 and 2020, at 14.7 million euro for the year 2021 and 20 million euros from the year 2022, to be used for IT infrastructure as well as for the performance of the activities referred to in this title and pursuant to art. 93, paragraph 3, also through agreements pursuant to art. 15 of law n.241 of 7 August 1990, with the Regions and the Autonomous Provinces, subject to agreement in the State-Regions Conference.
«Art. 92. (Monitoring, supervision and control activities) 1. In order to guarantee a consistent application of the legislative, statutory and regulatory provisions applicable to Third sector bodies and the exercise of related controls, the Ministry of Labor and Social Policies:
a) oversees the registration system of Third sector entities in compliance with the requirements of this code and monitors the performance of the activities of the Registry Offices of the Third sector operating at regional level;
b) promotes the self-control of Third sector bodies by authorizing the exercise by the national association networks registered in the special section of the national single register and the accredited service centers for voluntary service pursuant to art. 61;
c) is responsible for the drafting and transmission to the Chambers by June 30th on a yearly basis by means of a report on the activities of supervision, monitoring and control carried out on Third sector bodies also on the basis of data acquired through the reports pursuant to art. 95, paragraphs 2 and 3, as well as on the status of the registration system referred to in point b).
2. The powers of competent public administrations pertaining to verification audits, checks and supervision aimed at ascertaining the conformity of activities pursuant to art. 5 to the special rules governing the exercise thereof.»
«Art. 96. (Implementing provisions) 1. Pursuant to art.7, paragraph 4, of the law 6 June 2016, n. 106, with Decree by the Minister of Labor and Social Policies, after hearing the Minister of Interior and upon agreement with the Permanent Conference for relations between the State, the Regions and Autonomous Provinces of Trento and Bolzano, the plan is defined, the contents, terms and methods for the exercise of supervisory, control and monitoring functions, the methods of linking up with the other Administrations concerned and the annual report deadlines. The same decree also identifies the criteria, requirements and procedures for authorizing the exercise of control activities by the national associative networks and service centers for volunteering, the monitoring methods by the Ministry of Labor and Social Policies on authorized subjects, as well as the criteria, which also take into account the scale of the bodies to be monitored and the activities to be carried out, for the assignment to the parties authorized to carry out the checks on the relative financial resources, up to a maximum of 5 million euros per year, starting from the year 2019, pursuant to art. 93».

Art. 34  National List of civil protection volunteers
(Article 18 of Law 225/1992, Article 5, paragraph 1, letter a), 4, paragraph 1, letter m), and 7, paragraph 1, law 106/2016; Article 4, paragraph 2, 5, paragraph 1, letter y), 32, paragraph 4 and 41, paragraph 6, legislative decree 117/2017; Article 1, Decree of the President of the Republic 194/2001)

1. National List of civil protection volunteers
The list represents the operational instrument by which the participation of organized volunteers is provided as per article 2, ensuring consistent guidelines and coordination according to the specificities of each territory, thanks to ad hoc registration modalities.
2. The subjects referred to in Article 32, paragraph 2, who intend to participate in the activities referred to in Article 2, on national territory or abroad, as well as receiving training and carrying out training activities such as exercises/drills in the same subjects, must be registered on the national list of civil protection volunteering.
3. The National List of Civil Protection Volunteering is constituted by:
a) the local lists of civil protection volunteers, established in the Regions and autonomous provinces of Trento and Bolzano;
b) the central list of civil protection volunteers established at the Department of Civil Protection.
4. With a specific directive, to be adopted pursuant to Article 32, paragraph 6, the requirements and procedures for registration in the National List of Civil Protection Volunteering are governed, without prejudice to the local territorial peculiarities, with particular reference to the identification of specific structural requirements and characteristics of technical and operational capacity and related checks and compliance, with regard to associative networks, as provided in the provisions of paragraph 4 of article 33, as well as concerning suspension or cancellation from the same list. The autonomous provinces of Trento and Bolzano shall regulate the requirements and methods for requesting registration of their local lists.
5. Until entry into force of the directive referred to in paragraph 4, the subjects registered in the National List as stated in Article 1 of Presidential Decree n.194 of February 8, 2001, and paragraph 1 of the Directive of the President of the Council of Ministers of November 9, 2012 on the "Operative guidelines to ensure the consistent participation of voluntary organizations in civil protection activities" published in the Official Journal n. 27 of February 1, 2013, continue to benefit from the rights deriving from the respective qualification.
6. The directive referred to in paragraph 4 also provides guidelines on the emblems and logos of the subjects included in the List referred to in paragraph 3, aimed at facilitating the identification of civil protection volunteers by citizens throughout the national territory.
Notes to art. 34:
- The text of art. 1 of the Decree of the President of the Republic n. 194 of February 8, 2001, on the "Provision regulating the participation of voluntary organizations in civil protection activities »:
«Art.1. (Registration of voluntary organizations in the list of the Civil Protection Agency)
1. For the purposes of the application of this regulation, a voluntary civil protection organization is considered to be a freely constituted non-profit organization, including municipal civil protection groups, that performs its tasks mainly availing itself of the personal, voluntary and free services of its own members, forecasting, prevention and rescue activities in view of or during emergency events referred to in art. 2, paragraph 1, letter c), of law 225 of February 24, 1992, of the state jurisdiction pursuant to art. 107 of legislative decree n.112 of March 31, 1998, as well as training and exercise activities, in the same subject.
2. For a broader participation in civil protection activities, voluntary organizations, can become registered in the regional lists provided for by art. 6 of law n. 266 of August 11, 1991, as well as in lists or civil protection registers specifically provided at regional level, and request through the autonomous region or province where they are registered, the inclusion in the national list of the Civil Protection Department, hereinafter referred to as the «Agency», which, in agreement with the authorities themselves, checks the technical and operational suitability in relation to their adaptability to the disastrous events indicated in the paragraph.
3. With regard to the above organizations, the regions and autonomous provinces will periodically send data updates and any other useful information to the Agency aimed at a more rational and effective use of the volunteer service.
4. The voluntary organizations referred to in paragraph 2, pursuant to art. 13 of law n.266 of August 11, 1991, having no regional articulation, are not registered in the regional registers provided for by art. 6 of the same law, may request registration in the national list referred to in paragraph 3 directly to the Agency that will approve such request, after appropriate investigation aimed at assessing the organization’s operational capacity in relation to the events referred to in the paragraph.
2. The regions and autonomous provinces will periodically send all data updates preferably on IT basis to the Agency concerning the above organizations and relative information promoting the most effective and consistent volunteering guidelines.
5. The Agency shall inform the applicant organizations, the regions, the autonomous provinces and the territorially competent prefects on the registration procedure in the national list.
6. To promote uniformity of criteria, procedures and regulations for the purposes of registration, training and use of voluntary organizations throughout the country, the Agency promotes regular meetings with representatives of the regions and autonomous provinces.
7. Through a motivated provision, the Agency may order the cancellation from the national list of voluntary organizations for serious and proven reasons, established by the competent authorities pursuant to Law n. 225 of 992 in accordance with the functions transferred pursuant to art. 108 of Legislative decree n. 112 of 1998.
8. The Agency is responsible for the specialized skills of the organizations as per paragraph 2, in reference to civil protection activities and identification and regulation of the needs linked with the specific type of intervention required including the form and modalities of collaboration.».

Art. 35  Municipal civil protection groups (Article 18 law 225/1992; Article 5, paragraph 1, letter a), 4, paragraph 1,m letter m) and 7, paragraph 1, law 106/2016; Article 4, paragraph 2 legislative decree 117/2017; Article 1, decree by the President of the Republic 194/2001)

1. Municipalities can promote the constitution, with reference to their territory, of a municipal group of civil protection composed exclusively of citizens who choose to join voluntarily, as a Third sector body, specifically established in accordance with the provisions of Article 4, paragraph 2, of Legislative decree n.117 of July 3, 2017. The establishment of the Municipal Civil Protection Volunteering Group is decided by the City Council, on the basis of a standard modality approved with a specific directive to be adopted pursuant to Article 15, having heard the Ministry of Labor and Social Policies and upon approval of the Committee referred to in Article 42 which provides for:
a) the business management by the Municipality through its offices of the Municipal Group for which it is responsible;
b) within the Municipal Group the identification, according to the principles of democracy, of a volunteers coordinator, in conformity with the volunteering activities of reference, including the establishment of the duration and modalities for the revocation of the coordinator.
2. For a better integration in the National Service, the Municipal groups must be registered in the territorial lists managed by the Regions and the autonomous Provinces.
3. Inter-municipal or provincial groups can also be established, in accordance with the provisions of this article.

Notes to art. 35:
- The text of art. 4, paragraph 2 of legislative decree n.117 dated July 3, 2017, reports, on the «Third sector code, pursuant to art. 1, comma 2, letter b), of law n.106 of June 6, 2016,:
"Art. 4. ( Third Sector bodies )
2. The following are not Third Sector bodies: public administrations pursuant to art.1, paragraph 2, of legislative decree n.165 of March 30, 2001, political groups and associations, trade unions, professional associations and business categories, employment associations, including the bodies subject to direction or controlled by the above bodies, except subjects operating within the civil protection sector as per art.32.
4. The voluntary bodies of the Fire brigades of the Autonomous Provinces of Trento and Bolzano and the Autonomous Region of Valle d'Aosta.».

Art. 36 Other forms of organized voluntary civil protection (Article 18 of Law 225/1992, Article 5, paragraph 1, letter a), 4, paragraph 1, m letter m) and 7, paragraph 1, law 106/2016; Article 4, paragraph 2 of Legislative Decree 117/2017; Article 1, Decree of the President of the Republic 194/2001)

 

1. Other volunteer organizations operating in the sector of civil protection with operational quarters across the Italian territory can register in the national List of volunteers as per article 34, including in the course of implementation of international agreements with the Italian Republic in the field of assistance in case of major emergency states caused by either natural or man-made disasters.
2. The subjects referred to in paragraph 1 may be recognized, in compliance with the provisions of Legislative Decree n. 117 of July 3, 2017, as Third sector bodies constituted in a specific form, pursuant to the provisions of article 4, paragraph 2, of the same legislative decree, according to the procedures envisaged in the provision to be adopted pursuant to article 53.
Notes to art. 36:
- The text of articles 4, paragraph 2 and 53 of Legislative decree n.117, of July 3, 2017, on the «Third sector code, pursuant to art. 1, comma 2, letter b), of law n.106 of June 6, 2016:
"Art. 4. (Bodies of the Third Sector )
(Omissis)
2.The public administrations referred to in art.1, paragraph 2, of Legislative decree n. 165 of March 30, 2001, the political groups and associations, the trade unions, the professional associations and the representation of economic categories, the employers' associations, as well as the bodies subject to direction and coordination or controlled by the aforesaid entities, excluding those operating in the sector of the civil protection whose discipline is provided for in art. 32, paragraph 4. The voluntary bodies of the Fire brigades of the Autonomous Provinces of Trento and Bolzano and the Autonomous Region of Valle d'Aosta are excluded from the scope of this paragraph.”
«Art. 53. (how the Register works ) 1. Within a year from the date of entry into force of this decree, the Minister of Labor and Social Policies, subject to agreement in the State-Regions Conference, defines, by decree, the procedures for registration in the National Register of the Third sector, identifying the documents to be presented for the purpose of registration and procedures for filing the deeds pursuant to art. 48, as well as the rules for preparation, conservation and management of the single national register of the Third sector aimed at ensuring a consistent and complete dissemination of knowledge throughout national territory of the information elements of the register itself and the modalities with which data communication between the Business Register and the single national register of the Third sector is guaranteed with reference to social enterprises and other Third sector entities listed in the business register.
2. The regions and autonomous provinces within 180 /one hundred and eighty days from the date of entry into force of the decree referred to in paragraph 1 governing the procedures for the issuing of the provisions for registration and cancellation of entities in the Third Sector; within six months from the preparation of the IT structure, are responsible for making the Registry operational.
3. The resources necessary to allow the establishment and management of the National Single Register of the Third Sector are set at 25 million euros for the year 2018, at 20 million euros for the years 2019 and 2020, at 14.7 million euros for the year 2021 and 20 million euros from the year 2022, to be used for IT infrastructure as well as for the performance of the activities referred to in this title and pursuant to art. 93, paragraph 3, also through agreements (pursuant to art. 15 of law n. 241 of August 7, 1990) with the Regions and the Autonomous Provinces, subject to agreement in the State-Regions Conference .».

Art. 37  Contributions aimed at strengthening operational capacity, improving technical skills and developing community resilience (Article 18 of Law 225/1992, Article 5, paragraph 1, letter a), 4, paragraph 1, m letter m) and 7 , paragraph 1, law 106/2016; Article 4, paragraph 2, 5, paragraph 1, letter y), 32, paragraph 4, and 41, paragraph 6, legislative decree 117/2017; Articles 2, 3, 4, 5, 6 and 7, Decree by the President of the Republic 194/2001)

 

1. In order to promote the qualitative growth of civil protection volunteering, with a view to intervention at national level, the Civil Protection Department may grant organized voluntary work as referred to in Article 32, within the limits of the funds allocated for this purpose, financial contributions of projects for the strengthening of operational capacity, the improvement of technical preparation and for the development of community resilience:
a) for the enhancement of operational capacity, the integration of equipment and other means aimed at achieving a higher level of instrumental equipment than that available, either by interventions on the equipment already acquired, or by acquisition of new means and equipment;
b) for the improvement of technical skills, the development of training practices and any other activity, including training, aimed at achieving quality improvement and greater effectiveness of the activities carried out; c) for the development of community resilience, any activity aimed at spreading the knowledge and culture of civil protection in order to encourage the adoption of conscious behavior and self-protection measures by citizens, useful for reducing risks derived from the events stated in Article7, and to mitigate the consequences, within the information campaigns promoted by the components of the National Service.
2. The modalities for submission of projects, their evaluation and granting of relative contributions are established, on the basis of criteria, with a three-year validity, defined by the Department of Civil Protection upon agreement with the Unified Conference referred to in Legislative Decree n. 281 of 28 August 1997, and upon approval by the Committee referred to in Article 42, by Decree of the Head of the Civil Protection Department, to be adopted by May 31 of each year of validity of the cited criteria. The projects must consequently be submitted by December 31st of each year and the preliminary investigation, granting and issuing of grants is carried out the following year, within the available financial resources parameters.
3. The decree, particularly paragraph 2 provides for the following :
a) obligations by the beneficiaries of the contributions;
b) terms for the implementation of projects eligible to contributions ;
c) necessary verification checks on the proper implementation of the projects eligible to contribution, also including involvement of other eligible subjects belonging to the National Service;
d) procedures for the grant’s withdrawal and consequent measures to adopt toward the beneficiaries.
Notes to art.37:
Legislative Decree n.281 of August 28, 1997, bearing the following «Definition and extension of the permanent Conference attributions regarding relations between the State, the Regions and the Autonomous Provinces of Trento and Bolzano and unification, with regard to subject matter and tasks of common interest of the regions, provinces and municipalities, with the State-city Conference and local autonomous communities” published in the Official Journal n.202 of August 30, 1997.

Art. 38  Participation in organized voluntary work provided in civil protection planning (Article 18 of Law 225/1992; Article 5, paragraph 1, letter a), 4, paragraph 1, m letter m) and 7, paragraph 1, law 106/2016; Article 4, paragraph 2, 5, paragraph 1, letter y), 32, paragraph 4 and 41, paragraph 6, Legislative Decree 117/2017; Article 8, Decree of the President of the Republic 194/2001)
1. The organized voluntary service referred to in Article 32 takes part in the activities for the preparation and implementation of civil protection plans, according to forms and modalities agreed with the competent authority, and may request a copy of the studies and research elaborated by the civil protection, with the observance of the modalities and within the limits established by law n. 241 of August 7, 1990, and by legislative decree n. 33 of March 14, 2013, and subsequent amendments.
2.The Civil Protection Department provides, in agreement with the regions and the autonomous provinces concerned, also through specific training courses, initiatives aimed at encouraging the participation of organized voluntary work as referred to in Article 32 to the activities provided in Article 2.
3. As part of the activities for the preparation and updating of civil protection plans referred to in Article 18, the competent authorities may avail themselves of organized volunteer work as stated in Article 32, providing for the activities and relevant volunteers, which if expressly authorized, the benefits referred to in Articles 39 and 40 apply.

Notes to art. 38:
Law n.241 of August 7, 1990, bearing "New rules on administrative procedure and right of access to administrative documents." is published in the Official Journal n.192 of August 18, 1990.
Legislative decree n.33 of March 14, 2013, on the "Reorganization of the discipline concerning the right of civic access and obligations of publicity, transparency and dissemination of information by public administrations" is published in the Official Journal n.80 dated 5 April 2013».

Art. 39 The instruments allowing for the effective participation of volunteers in civil protection activities (Article 18 of Law 225/1992, Article 5, paragraph 1, letter a), 4, paragraph 1, m letter m) and 7, paragraph 1, law 106 / 2016; Article 4, paragraph 2, 5, paragraph 1, letter y), 32, paragraph 4, and 41, paragraph 6, legislative decree 117/2017; Articles 9 and 15, Decree of the President of the Republic 194/2001).

1. Volunteers registered in the National List referred to in Article 34, employed in rescue and assistance activities in sight or during emergency events referred to in Article 7, also at the request of the mayor or other administrative civil protection authorities are guaranteed, through the authorization provided through appropriate notice of activation by the Civil Protection Department, for the subjects registered in the central list, or the Regions and Autonomous Provinces of Trento and Bolzano, for the subjects registered in their local lists, relative to the period of effective employment allowed by the employer, for a period not exceeding (30) thirty continuous days and up to (90) ninety days in the year:
a) maintaining a public or private job; b) the maintenance of salary inclusive of social security contributions by the public or private employer;
c) insurance coverage according to the procedures set out in Article 18 of Legislative Decree n. 117 of 3 July 2017, also through the stipulation of additional supplementary policies by the Department of Civil Protection or by the Regions and Autonomous Provinces of Trento and Bolzano, within the limits of available financial resources, to be activated on the occasion of the participation of organized volunteers in emergencies of national importance of particular duration or interventions abroad. On the occasion of emergency situations of national importance and for the entire duration of the same, with the authorization of the Civil Protection Department, and for the cases of particular needs identified, the maximum limits foreseen for the use of volunteers during relief and assistance activities can be raised up to (60)sixty continuous days and to (180) one hundred and eighty days in a year.
3. Volunteers registered in the National List referred to in Article 34 engaged in planning, training and theoretical-practical training and dissemination of the culture and knowledge of civil protection, previously promoted or authorized, with appropriate communication of activation, made by the Department of Civil Protection, for the subjects registered in the central list, or by the Regions and Autonomous Provinces of Trento and Bolzano, for the subjects registered in their local lists, the benefits referred to in paragraph 1, letters a) and b), apply for a total period that must not exceed ten continuous days up to a maximum of thirty days in a year. Limited to the organizers of the aforementioned initiatives, the benefits referred to in paragraph 1 also apply to the preparatory phases and in any case related to the implementation of the same initiatives.
4. As per the public or private employers of volunteers provided in par.1, 2 and 3, the equivalent of the salary paid to the worker legitimately engaged as a volunteer is reimbursed, within the available financial resources limit; according to the procedures indicated in article 40. The reimbursements referred to in this paragraph may be alternatively approved under the terms pursuant to article 38 of Decree Law n.189 of October 17, 2016.
5. Self-employed volunteers registered in the National List referred to in Article 34, employed in the activities envisaged in this article are reimbursed for the loss of daily income calculated on the basis of the declared income submitted the year before, that is when the voluntary work was performed, within the limit of € 103.30 per day.
6. The provisions of this article, as well as of article 40, also apply in case of initiatives and activities carried out abroad, provided they have been previously authorized by the Department of Civil Protection.

Notes to art. 39:
- The text of art. 18 of Legislative decree n.117 of 3 July 2017, on the «Third sector code, pursuant to art.1, paragraph 2, letter b), of Law n. 106 of 6 June 2016,” is hereby reported :
“Art.18. (Mandatory insurance coverage)
1. Third sector organizations that use volunteers must insure them against injuries and illnesses related to the performance of volunteer activities, as well as for civil liability towards third parties.
2. By decree of the Minister of Economic Development, to be issued jointly with the Minister of Labor and Social Policies within six months from the date of entry into force of this Code, simplified insurance mechanisms are identified, with policies that are also numerical, and related regulations.
3. Insurance coverage is an essential element of the agreements between Third sector bodies and public administrations, and the related charges are borne by the public administration with which the agreement is stipulated”.
- The text of art. 38 of Decree-Law n. 189 of 17 October 2016, entitled "Urgent interventions in favor of the populations affected by the 2016 earthquakes", converted, with amendments, by Law n.229 of December 15, 2016 :
«Art. 38. (Urgent provisions for the deployment of civil protection volunteers )
1. In order to speed up procedures related to the use of civil protection volunteering, in consideration of the exceptional mobilization arranged as a consequence of the seismic events referred to in art. 1, and starting from the entry into force of this decree, the reimbursements pursuant to art. 9, paragraph 5, of the Decree of the President of the Republic n.194 of February 8, 2001, with regard to the amounts due to be determined as a result of the technical investigation by the Civil Protection Department under the Presidency of the Council of Ministers, alternatively authorized, on specific request by the employer, through tax credit.
2. The tax credit can only be used for compensation pursuant to art. 17 of Legislative decree n. 241 of July 9, 1997, and subsequent amendments, or is transferable, in compliance with the provisions of Articles 1260 and following of the Civil Code, after adequate demonstration of the effectiveness of the right to credit, bank, financial or insurance intermediaries. These transfers may be borne from the credit assigned exclusively as reimbursement of tax or contributory debts, pursuant to the aforementioned legislative decree n. 241 of 1997, and upon communication of the assignment to the Civil Protection Department, according to procedures established by the same Department. To use the offset credit, the F24 must be submitted exclusively through IT services made available by the Revenue Agency, otherwise the payment transaction will not be accepted.
3. By decree of the President of the Council of Ministers, in agreement with the Minister of Economy and Finance, the terms and conditions for the application of the provisions of this article are established, as well as the modalities for the periodic payment, by the Department of Civil Protection, of the sums corresponding to the tax credits to be used pursuant to paragraph 1, based on financial resources aimed at the implementation of art. 9 of Decree of the President of the Republic n. 194 of February 8, 2001, within the limits of ordinary budget appropriation ».

Art. 40. Reimbursement to organized civil protection volunteering of authorized expenses for planning, emergency, training and theoretical-practical training and dissemination of culture and knowledge of civil protection.
(Article 18 of Law 225/1992, Article 5, paragraph 1, letter a), 4, paragraph 1, m letter m) and 7, paragraph 1, law 106/2016; Article 4, paragraph 2, 5, paragraph 1, letter y), 32, paragraph 4 and 41, paragraph 6, legislative decree 117/2017; Articles 10.13 and 15 decree of the President of the Republic 194/2001)

1. Requests for reimbursement, by the employers of the volunteers, for all expenditures borne during the activities and authorized interventions related to the emoluments paid to their employees as well as, by the organized voluntary service referred to in Article 32, for expenses incurred during activities and authorized interventions, as listed in paragraph 2, must be submitted to the person who issued the activation notice, and after the necessary preliminary checks, will provide the refunds within the limits of the available budget. When participating in emergencies of particular national relevance or in interventions abroad. Refunds may also be anticipated by the authority that authorized the activity itself.
2. Reimbursements, even partial, can be made on the basis of duly submitted supporting documentation reporting the types of expenses incurred during activities and authorized interventions identified in the directive referred to in paragraph 5.
3. Reimbursement requests by voluntary organizations and employers must be received within two years of the end of the intervention or activity.
4. The benefits provided for by articles 39 and by this article may also be extended by the Civil Protection Department to other Third sector bodies that do not operate in the field of civil protection, in case of emergencies of national scale and provided that the intervention of these subjects are considered essential for the best outcome of the civil protection activities in progress or planned and limited, over time, to the most urgent needs.
5.The directive to be adopted pursuant to Article 15, after obtaining the opinion of the Committee referred to in Article 42, defines the procedures for submitting reimbursement requests, for the relative preliminary investigation and the consequent payment of the due reimbursements. Until entry into force of the directive referred to in this paragraph, the procedures established by the Department of Civil Protection and, as far as they are concerned, the Regions and Autonomous Provinces of Trento and Bolzano remain in force, pursuant to the provisions of articles 9 and 10 of Decree n.194 issued by the President of the Republic on February 8, 2001, from paragraph 2 of the Directive of the President of the Council of Ministers of November 9, 2012 on the "Operative guidelines to ensure a uniform participation of voluntary organizations in civil protection activities" published in the Official Journal no. 27 of February 1, 2013.

Notes to art. 40:
- The text of articles 9 and 10 of Decree n.194 issued by the President of the Republic on February 8, 2001, on the "Dispositions regulating the participation of voluntary organizations in civil protection activities".
"Art.9. (Discipline concerning the use of voluntary organizations in planning, relief, simulation, emergency and theoretical-practical training)
1. All volunteers belonging to voluntary organizations included in the List referred to in art. 1, paragraph 3, employed in rescue and assistance activities in sight or during the events referred to in paragraph 2 of art. 1, also at the request of the mayor or other competent civil protection authorities pursuant to Law no. 225 of 1992, in accordance with the functions transferred pursuant to art. 108 of Legislative decree n. 112 of 1998, as well as authorized by the Agency, are guaranteed, within the limits of the existing budget available, for the period of actual employment that the employer is required to allow, for a period not exceeding (30) thirty continuous days and up to (90) ninety days yearly:
a) maintaining employment status either public or private;
b) maintaining the same salary and pension (social security) benefits by private or public employer;
c) insurance coverage according to the modalities provided in art. 4 of Law n.266, dated August 11, 1991 and subsequent ministerial decrees for implementation.
2. On the occasion of events for which the state of national emergency is declared, and for the duration of the same, with the Agency's authorization, and for the cases of individual needs specifically identified , the maximum limit set for the use of volunteers in Rescue and assistance activities can be extended to (60) sixty continuous days and up to (180) one hundred and eighty days yearly.
3. The benefits referred to in paragraphs 1 and 2 are extended to individual volunteers registered in the "ruins" of the Prefectures, provided for by art. 23 of the Decree of the President of the Republic February 6, 1981, n. 66, if expressly used by the Prefect during events referred to in art. 2, paragraph 1, letter c), of the law n. 225 of 1992.
4. To the members of voluntary organizations referred to in art. 1, paragraph 2, engaged in planning activities, emergency simulation, and theoretical-practical training, including that aimed at citizens, and authorized in advance by the Agency, on the basis of reporting by the competent civil protection authority pursuant to law n. 225 of 1992, in accordance with the functions transferred pursuant to art. 108 of Legislative decree n. 112 of 1998, the benefits referred to in paragraph 1 apply for a total period not exceeding ten continuous days and up to a maximum of thirty days in the year. Limited to the organizers of the aforementioned initiatives, the benefits referred to in paragraph 1 also apply to the preparatory phases and in any case related to their implementation.
5. The equivalent of the retribution/salary paid to the worker legitimately engaged in volunteer work (procedures indicated in art.10 (3) is reimbursed to the public or private employers of the volunteer as provided in paragraphs 1, 2, 3 and 4.
6. Emergency simulation activities, such as rescue tests and civil protection exercises, are scheduled:
a) by the Agency for national Exercises which it organizes;
b) from other institutional civil protection operational structures. The scenarios of these activities and the agendas or calendars of the relative operations, with the indication of the number of participating volunteers and the estimate of refundable expenses pursuant to art. 10, as well as those referred to in paragraph 1, must reach the Agency, for each year, by January 10th , for the exercises scheduled on the first semester, and by June 10th for those scheduled on the second semester. The Agency reserves the relative approval and authorization up to two months before the same tests are carried out, within the limits of the allocation on relative expenditure chapters.
7. The request to the employer for the exemption from the service of the dependent volunteers, to be used in training or emergency simulation activities, must be advanced at least fifteen days before the test, by the interested parties or the organizations to which they belong.
8. After the simulation or training activities have been carried out or during the emergency, the organizations involved send a final report to the competent civil protection authority on the activities carried out, on the methods for using the volunteers indicated by name and on the expenses incurred, accompanied by supporting documentation.
9. For the purposes of reimbursement of the equivalent amount of the salaries paid to its employees who have participated in the activities referred to in paragraphs 1, 2, 3 and 4, the employer submits an application to the civil protection authority of reference. The request must clearly indicate the professional qualification of the employee including his/her hourly or daily wage, the days of absence from work and the event to which the reimbursement refers, as well as the methods of accreditation of the requested reimbursement.
10. To self-employed volunteers belonging to voluntary organizations indicated in art. 1, paragraph 2, legitimately employed in civil protection activities, reimbursement for the loss of income per day is calculated on the basis of the declaration of income presented the preceding year prior to the performance of voluntary work , within the limit of the daily gross amount of 200,000 Lira (approx. 100 Euro).
11. The possible participation of voluntary organizations, included in the list referred to in art. 1, paragraph 3, to the activities of research, recovery and rescue in the water as well as the related exercise activities, takes into account the legislation on navigation and takes place within the national organization of search and rescue at sea headed by the Ministry of transport and navigation.
12. The provisions of this article, as well as art. 10, also apply in the case of initiatives and activities carried out abroad, provided they have been previously authorized by the Agency.
Art.10. (Reimbursement to voluntary organizations of expenses incurred in rescue, simulation, emergency and theoretical-practical training).
1. Also through the Regions or other competent bodies, previously authorized, the Agency, within the budget availability limits, provides for reimbursement to employers, as well as to voluntary organizations as per art. 1, paragraph 2, for expenses incurred during activities and actions previously authorized and related to travel by rail and by ferry/ship, at the lowest fare rates and fuel consumption related to used vehicles, based on the mileage actually traveled and on presentation of suitable documentation. Refunds may also be anticipated by the authority that approved the activity.
2. To obtain a refund of the sums advanced, the institutions referred to in paragraph 1 must prepare a specific request to the Agency.
3. They may be reimbursed, even partially, on the basis of suitable supporting documentation (invoices, complaints to public security authorities, public certifications, etc.), the charges deriving from:
a) replenishment of equipment and vehicles lost or damaged in carrying out authorized activities, with the exception of cases of willful misconduct or gross negligence;
b) other needs that may arise, in any case connected to the authorized activities and interventions.
4. Requests for reimbursement by voluntary organizations and employers must be received within two years of the end of the intervention, exercise or training activities.».

Art. 41  Methods of intervention of volunteering organized during civil protection emergency situations or in their imminence.
(Article 18 of Law 225/1992, Article 5, paragraph 1, letter a), 4, paragraph 1, m letter m) and 7, paragraph 1, law 106/2016; Article 4, paragraph 2, 5, paragraph 1, letter y), 32, paragraph 4, and 41, paragraph 6, legislative decree 117/2017; Article 11, Decree of the President of the Republic 194/2001.
1. The organized voluntary service referred to in Article 32 shall perform civil protection tasks in case of emergency breakout, or in the imminence of an emergency event, as provided by civil protection planning referred to in Article 18 and at the request of the competent civil protection administrative authority. Coordination of interventions of the subjects registered in the territorial lists referred to in Article 34, paragraph 3, letter a) in the event of an emergency is ensured by the civil protection structure of the autonomous Region or Province to which they belong. Coordination of intervention of the subjects registered in the central list referred to in Article 34, paragraph 3, letter b), is ensured by the Department of Civil Protection.
2. Where civil protection volunteers, in case of an event, as referred to in paragraph 1, are on the site and in the absolute impossibility of notifying the competent public authorities, they can provide the first most urgent interventions, without prejudice to the obligation to immediately notify the civil protection authorities responsible for the emergency management.
Art. 42
The National Committee for Civil Protection Volunteering (Article 18 of Law 225/1992, Article 5, paragraph 1, letter a), 4, paragraph 1, m letter m) and 7, paragraph 1, law 106/2016; Article 4, paragraph 2, 5, paragraph 1, letter y), 32, paragraph 4 and 41, paragraph 6, legislative decree 117/2017; Article 12, Decree of the President of the Republic 194/2001)
1. Participation of organized civil protection volunteer work at the National Service is also carried out through consultation within the National Civil Protection Volunteering Committee, established by Decree of the President of the Council of Ministers adopted after agreement in the Unified Conference referred to in Legislative decree n.281 of August 28, 1997.
2. The Committee, holding office for 3 years, carries out its activity free of charge, and is composed of two Commissions:
a) the National Commission, composed of a voluntary representative for each of the subjects on the central list referred to in Article 34, paragraph 3, letter b), is designated by the respective legal representative;
b) the Territorial Commission, composed of a voluntary representative of the subjects registered in each territorial list referred to in Article 34, paragraph 3, letter a), is designated for each Autonomous Region and Province according to the forms of representation and consultation respectively regulated.
3. The Committee convenes in plenary form through meetings of the representatives of the two Commissions, appointed in equal measure by them, and the two Commissions shall adopt their respective operating regulations, identifying, in particular, within each Commission, a restricted management body composed of no more than 10 members with the task of stimulating and promoting their activities.
4. Until the establishment of the Committee referred to in paragraph 1, the National Council of Civil Protection Voluntary Organizations, established by Decree of the President of the Council of Ministers on January 25, 2008, published in the Official Journal no. 61 of March 12, 2008, in the composition defined by decree of October 21, 2014.
Notes to art. 42:
Legislative decree n.281 of August 28, 1997, on the "Definition and extension of the powers of the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano and unification, regarding matters and tasks of common interest for the regions, provinces and municipalities, with the Conference State-City and local autonomies "published in the Official Journal n. 202 of August 30, 1997”.
Chapter VI
Measures, organization and financial instruments for the implementation of civil protection activities
Art. 43 National civil protection Fund for forecasting and prevention activities (Article 19, Law 225/1992; Article 6-bis, legislative decree 343/2001, conv. in Law 401/2001)
1. The resources for activities of forecasting and prevention of risks provided by the Department of Civil Protection registered in the budget of the Presidency of the Council of Ministers from the estimates of the Ministry of the Economy and Finance, constitute the "National Civil Protection Fund" allocated for forecasting and prevention activities ".
2. The sums that the Civil Protection Department transfers to other State administrations for the realization of specific plans, programs and projects are paid to the entry of the state budget to be reassigned in the same year by decree of the Minister of the Economy and Finance to the relevant voting units of the relevant estimates.
Art. 44 National Fund for national emergencies (Article 5, law 225/1992)
1. As per relief operations resulting from the events referred to in Article 7, paragraph 1, letter c), in relation to which the Council of Ministers resolves to issue the declaration of a state of emergency of national scale, the use of resources provided by the Fund for national emergencies is granted as established by the Presidency of the Council of Ministers - Department of Civil Protection.
2. On the financial account of the Presidency of the Council of Ministers, at the end of each year, the implementation of financial resources originating from the "National Emergency Fund" must be reported in a specific Annex.
Art. 45
Regional civil protection fund (Article 138, paragraphs 16 and 17, law 388/2000; Article 19-sexies, paragraph 1, Leg. Decree 266/2004, n. 266, conv. law 306/2004)
1. The "Regional Civil Protection Fund", entered in the autonomous budget of the Presidency of the Council of Ministers, contributes to the strengthening of the civil protection system of the Regions and Local Authorities, and contributes to interventions aimed at addressing urgent needs resulting from the emergencies referred to in Article 7, paragraph 1, letter b).
2. The criteria for allocation and methods for transferring the resources allocated to each Region, as well as the related monitoring activities are regulated by special Decree by the President of the Council of Ministers in agreement with the Unified Conference.
Art. 46 Organizational instruments for the implementation of civil protection activities (Article 3-bis, law 225/1992)
1. The components and operational structures of the National Service promote the specialized professional growth of personnel and operators of the Service itself, with particular regard to the functional supervision of the operating rooms and network of monitoring centers.
Chapter VII
Transitional, coordination and final provisions

Art. 47 Coordination of regulatory references

1. All references to the law of February 24, 1992, n. 225 and related articles, contained in other provisions, refer to the present decree and corresponding articles. In particular:
a) Article 11 of Law n. 225 of 1992, cited in article 4, paragraph 2, of legislative decree n.97 of May 29, 2017, must refer to article 13 of this legislative decree;
b) Articles 2 and 5 of Law n. 225 of 1992, cited in paragraphs 6 and 8 of article 163 of the legislative decree n.50 of April 18, 2016, must be understood respectively as provided in articles 7 and 24 of the present decree.
The article 3-bis of law n. 225 of 1992, cited in article 39, paragraph 1, of decree-law n. 189 of October,17 2016, converted, with modifications, from law n. 229 of December 15, 2016, must refer to article 17 of this decree;
d) Article 15 of law n. 225 of 1992, cited in article 1, paragraph 112, law n.56 of April 7, 2014, must refer to article 12 of this decree;
e) Articles 2 and 14 of law n. 225 of 1992, cited in article 10, paragraph 1, of legislative decree n.61 of April 18, 2012, must be understood as provided in articles 7 and 9 of the present decree;
f) Article 2 of the law n. 225 of 1992, cited in article 47, paragraph 1, of the law of 24 December 2012, n. 234, must refer to article 7 of this decree;
g) Article 5 of law n. 225 of 1992, cited in articles 11, paragraph 1, and article 13, paragraph 2, of legislative decree n.123 of June 30 , 2011, must refer to article 27 of the present decree;
h) Article 11 of law n. 225 of 1992, cited in article 92, paragraph 1, and in article 137, paragraph 1, of legislative decree n.66 of March 15, 2010 must refer to article 13 of this decree;
i) Article 5 of law n. 225 of 1992, cited in articles 119, paragraph 1, 133, paragraph 1, and in article 135, paragraph 1, of legislative decree n.104 of July 2, 2010, must be understood as referring to articles 24, 25 and 26 of the present decree;
l) Article 5 of law n. 225 of 1992, cited in Article 8-bis, paragraph 1, of the Decree-Law n.245 of November 30, 2005, converted, with amendments, by law n.21 of January 27, 2006, must refer to article 25 of this decree;
m) Article 5 of law n. 225 of 1992, cited in article 67, paragraphs 2 and 3, and in article 191, paragraph 1, of legislative decree n.152 of April 3, 2006, must be understood as referring to articles 24 and 25 of this decree;
n) article 3, paragraph 6, law n. 225 of 1992 cited in Article 158-bis of Legislative Decree n. 152, of April 3, 2006 must refer to article 18, paragraph 3, of this decree;
o) articles 10 and 11 of law n. 225 of 1992, cited in Article 1, paragraph 2, Article 3, paragraph 1, and Article 24, paragraph 2, of Legislative Decree n.139 of March 8, 2006, must be understood as referring respectively to articles 14 and 13 of the present decree;
p) Article 5 of law n. 225 of 1992, cited in article 15, paragraph 1, of law n.306 of October 31, 2003, must refer to article 25 of this decree;
q) Article 5 of law n. 225 of 1992, cited in article 22, paragraph 2, of legislative decree n.139 of May 19, 2000, must be understood as referring to articles 25 and 26 of the present decree;
r) Article 5 of law n. 225 of 1992, cited in article 1, paragraph 1, and article 2, paragraph 2, of decree-law n. 279 of October 12, 2000, converted, with modifications, from law n. 365 of December 11, 2000, must be understood as referring to articles 24, 25 and 26 of the present decree;
s) articles 6 and 17 of law n. 225 of 1992, cited in article 2, paragraphs 1 and 2, of legislative decree n. 381 of September 29, 1999, must be understood as referred to articles 4, 13 and 19 of this decree;
t) Article 2 of law n. 225 of 1992, cited in article 54, paragraph 2-bis, of legislative decree n. 300 of July 30, 1999, must refer to article 7 of this decree;
u) Article 11 of law n. 225 of 1992, cited in article 1, paragraph 6, letter a), number 2) of law n.249 of July 31, 1997, must refer to article 13 of this decree;
v) Article 10 of law n. 225 of 1992, cited in article 123, paragraph 2, of legislative decree n.230 of 17 March 17, 1995, must refer to article 14 of this decree;
z) Article 5 of law n. 225 of 1992, cited in Article 12, paragraph 7, of Law n.353 of November 21, 2000, must be understood as referring to articles 25 and 26 of the present decree.

Art. 48  Repeals

1. From the date of entry into force of this decree the following provisions are repealed:
a) Law n.225 of February 24, 1992;
b) Article 23-sexies, paragraph 4, of Decree-Law n.6 of January 30, 1998, converted, with amendments, by law n. 61 of March 30, 1998;
c) Article 107, paragraph 1, letters a), b), c), d), f) numbers 1), 2) and 4), g) and h) and paragraph 2 as well as article 108 of legislative decree n.112 of March 31, 1998;
d) Decree by the President of the Republic n. 194 of February 8, 2001;
e) Article 5 of the Decree-Law of 7 September 2001, n. 343, converted, with modifications, by law 9 November 2001, n. 401;
f) Article 3 of the Decree-Law of 4 November 2002, n. 245, converted, with amendments, by law December 27, 2002, n. 286;
g) Articles 4 and 8 of the Decree-Law n.90 of May 31, 2005, n. 90, converted, with amendments, by law July 26, 2005, n. 152; h) Article 6, paragraph 1, of the Decree-Law of 9 October 2006, n. 263, converted, with modifications, from the law 6 December 2006, n. 290;
i) Article 14 of the Decree-Law of 23 May 2008, n. 90, converted, with amendments, by law July 14, 2008, n. 123; l) Article 4, paragraph 9-bis, and Article 15, paragraphs 2 and 3, of the Decree-Law of 28 April 2009, n. 39, converted, with amendments, by law 24 June 2009, n. 77;
m) Article 1, paragraphs 1 and 3 and Article 1-bis of the Decree-Law of 15 May 2012, n. 59, converted, with amendments, by law 12 July 2012, n. 100;
n) Article 1, paragraph 422, of the law of December 27, 2013, n. 147;
o) Article 27 of the Law of 29 July 2015, n. 115.

Art. 49  Financial invariance clause (Article 1, paragraph 2, letter l), law 30/2017)
1. The competent Administrations shall ensure the implementation of this decree in the context of human, instrumental and financial resources available under current legislation and, in any case, without new or greater charges to public finance.

Art. 50 Transitional and final Regulations (Article 1, paragraph 3, letter b), law 30/2017)

1. Until the adoption of the implementing measures provided for in this decree, the previous provisions continue to apply.
2. The provisions of this decree apply to the activities, resolutions, deeds and measures implemented or issued after the date of its entry into force.
The present decree, bearing the seal of the State, will be included in the Official Collection of normative acts of the Italian Republic. It is mandatory for anyone to abide by this decree and ensure that it is respected.
signed in Rome, on January 2 , 2018

MATTARELLA
Gentiloni Silveri, President of the Council of Ministers
Minniti, Minister of Interior
Pinotti, Minister of Defense
Alfano, Minister of Foreign Affairs and International Cooperation
Poletti, Minister of Labor and Social Policies
Galletti, Minister of the Environment and the protection of Land and Sea
Padoan, Minister of Economy and Finance
Franceschini, Minister of Cultural Activities and Tourism

Delrio, Minister of Infrastructures and Transportation

Endorsed by Minister for Justice: Orlando

DISCLAIMER: The English version is a translation of the original document in Italian for information purposes only. In case of any discrepancy, the Italian original will prevail