29 August 2017 was the deadline to communicate compliance with the requirements of Article 177 of the Italian Code of Public Contracts.
Through the communiqué of May 17, published on the Authority’s website on 31 May, the Italian National Anti-corruption Authority (ANAC) decided that within 90 days from its publication (and thus by 29 August) all holders of public works or services concessions obtained without a tender or project finance, and already in force before 19 April 2016, had to fill in a form prepared by the Authority and submit it to the latter, together with the granting entities. Such form allows the census and the “photograph” of the entities required to comply with Article 177 of the Code of Public Contracts (Legislative Decree 50/2016). The Article provides that the above mentioned public or private concessionaires are obliged to award an eighty per cent share of works, service and supply contracts relating to concessions amounting to or over 150.000 Euros by means of publicly disclosed procedures, introducing social clauses and clauses for the stability of the employees and for the protection of professionalism.
While performing its supervising and monitoring tasks under Article 177, ANAC established the procedure due to the approaching end of the transitional two year period, on 19 April 2018, within which such concessionaires must comply with the provisions of the above mentioned article.
Inaccuracy, delay or failure to submit the form may be subject to fines of up to 50,000 Euros by ANAC.
Among the examples of parties written in the form who are compelled to submit it, there are the holders of maritime concessions for construction and management, of concessions for motorways, or sport facilities, gas distribution, non-essential public local services and many others.
(Bologna Office – Andrea Giardini – 0039 (0)51 2750020)
