From super bonuses to subcontracts, from the green pass to Pnrr governance rules. The simplifications decree 2021 obtains the go-ahead from the Council of Ministers. Government sources assure that the meeting “went super smooth”. The provision, according to what emerges from a draft viewed by Adnkronos, is made up of 68 articles.
Subcontracting
No extension, but the threshold for subcontracting rises from 40 to 50% according to the draft of the Simplifications and Governance Decree. “Subcontracting cannot exceed 50% of the total amount of the contract for works, services or supplies”. The provision on the threshold of subcontracting up to 50% is foreseen “until 31 October 2021”.
Same quality standards, no lower remuneration and application of the same national employment contracts provided for in the contract. “The subcontractor, for the services entrusted to subcontracting, must guarantee the same quality and performance standards provided for in the contract and grant – the text reads – workers an economic and regulatory treatment not lower than that which the main contractor would have guaranteed, including the application of the same national collective bargaining agreements, if the activities subject to subcontracting coincide with those characterizing the subject of the contract or concern the work relating to the prevailing categories and are included in the corporate purpose of the main contractor “.
“To guarantee a more intense protection of working conditions and the health and safety of workers or to prevent the risk of criminal infiltration”. “Under penalty of nullity,” the contract “cannot be transferred, it cannot be entrusted to third parties. ” full execution of the services or works covered by the contract, as well as the prevalent execution of the works relating to all the prevailing categories and labor-intensive contracts. Subcontracting is permitted according to the provisions of this article “.
Obligation to hire women and young people
In the calls for tenders and public Pnrr contracts, the draft reads, “it is a necessary requirement of the offer that theobligation to insure a share of at least 30 per cent, of the assumptions necessary for the execution of the contract or for the realization of related or instrumental activities, to youth and female employment“.
Removed Superbonus hotels, yes for hospitals
The super bonus at 110%, reads the draft viewed by Adnkronos, skip for “the properties falling within the cadastral category D / 2”, ie for the category in which the hotels and pensions fall (for profit), while it is extended to nursing homes and hospitals, outpatient clinics, nursing homes and hospitals, boarding schools and boarding schools, or for owners of properties falling within the cadastral categories B / 1, B / 2 and D / 4 . The possibility of extending the superbonus for hotels was foreseen in the previous draft concerning the simplification measures in the field of incentives for energy efficiency.
Simplified access to take advantage of the tax benefit of the Superbonus 110%, or through the sworn communication of commencement of work (Cila). The relative interventions, with the exception of those involving the demolition and reconstruction of buildings, constitute extraordinary maintenance and can be carried out by means of a sworn notice of commencement of works (Cila). “In the Cila – we read – the details of the qualifying title that provided for the construction of the property subject to intervention or the provision that allowed its legitimacy are attested or it is certified that the construction was completed on a date prior to the 1st September 1967 “.
Green Pass and health card
“The national-Dgc (Digital Green Certificate) platform for the issue, issue and verification of interoperable Covid-19 certifications at national and European level is created through the infrastructure of the Health Card System and managed by the same on behalf of Ministry of Health, owner of the processing of data generated by the platform itself “.
No to incentives for photovoltaics in agricultural areas
Photovoltaic systems with modules placed on the ground and installed on areas with agricultural use will not be able to access state incentives. Instead, “agrovoltaic plants that adopt integrative solutions with vertical assembly of the modules will be able to access the incentives, so as not to compromise the continuity of agricultural cultivation activities, to be implemented at the same time as monitoring systems that make it possible to verify the impact on crops”.
Pnrr governance hires are skipping
The hiring of 350 technicians for the implementation of the provisions on governance of the NRP is skipped. In the final draft of the Simplification and Governance Decree, there is no rule, envisaged in the previous draft, in relation to the hiring of three hundred and fifty non-executive staff on a fixed-term basis for a period of more than thirty-six months, but not exceeding the duration of completion of the NRR and in any case no later than 31 December 2026.
It was, in fact, foreseen the recruitment by the Department of the Public Function with a public competition based on qualifications and oral exam, of a total contingent of three hundred and fifty units, “within thirty days from the entry into force” of the provision.
No to stamps for digital personal certificates
No stamps or secretary rights for digital personal certificates, we read in the draft of the legislative decree. Digital documents bearing a qualified electronic seal issued by the National Resident Population Register will be “exempt from stamp duty and secretarial fees and, in any case, without charges for the applicant”.
Commission Via
“For carrying out the environmental assessment procedures under the responsibility of the state of the projects included in the National Recovery and Resilience Plan (Pnrr), those financed from the complementary fund as well as the implementation projects of the Pniec”, reads the draft of the Simplification Decree, “The Technical Commission Pnrr-Pniec is established, placed under the functional dependence of the ministry of ecological transition, and formed by a maximum number of forty units, in possession of a bachelor’s degree or master’s degree with at least five years of professional experience and with adequate skills the technical, environmental and landscape evaluation of the aforementioned projects “. These experts, the provision reads, “are identified among the permanent staff of the state and regional administrations, of the CNR, of the national network system for environmental protection, of Enea and of the ISS”. The members nominated in the Technical Commission Pnrr-Pniec “carry out this activity full time”.
In the appointment of members, “respect for gender balance is guaranteed”, underlines the text. The members of the Pnrr-Pniec Technical Commission are appointed by decree of the Minister of Ecological Transition within sixty days from the date of entry into force of this provision, they remain in office for five years and are renewable for one time only. “A representative of the Ministry of Culture also participates in the meetings of the commission, with the right to vote” and “for carrying out the technical investigations, the Commission makes use, through specific memoranda of understanding, of the National Network System for the protection of environment “and” other public research bodies “.
For proceedings for which a competing regional interest is recognized by specific provisions or agreements, an expert designated by the Regions and Autonomous Provinces concerned participates in the investigation with the right to vote, identified among the subjects in possession of adequate professionalism and experience in area of environmental impact assessment and environmental law.