Measures

Cdm OKs infrastructure and Campi Flegrei decrees. Musumeci: "Region and municipalities severely responsible. From 400 to 900 euro a month to those who leave their homes".

In the infrastructure measure, measures on motorway concessions, extraordinary commissioners and some regulations on the Strait of Messina company. Italy's Minister for Civil Protection and Sea Policy: 'No money from the government for illegal houses'. Pnrr, Italy will apply for 8.5 billion of the sixth instalment

by Fabio Carducci and Andrea Carli

Campi Flegrei, Curcio: "Non dobbiamo attendere emergenza per adeguare infrastrutture"

7' min read

7' min read

The Council of Ministers has approved a decree law for the prevention of seismic risk related to the bradyseismic phenomenon in the Flegrei Fields area and for civil protection interventions. The green light was also given to the Infrastructure Decree ("Urgent provisions for infrastructures and investments of strategic interest, for the criminal trial and in matters of sport"). The latter measure, it has been learnt, also concerns motorway concessions, extraordinary commissioners and some regulations on the company for the Strait of Messina.

On the rich menu of solutions that came to the table at the executive meeting on Monday 24 June, a bill with measures concerning frontier workers. Finally, in implementation of the cryptocurrency restriction decided by the EU, the Council of Ministers gave the go-ahead, in preliminary examination, to a legislative decree that, explains a note published by Palazzo Chigi, "identifies the Bank of Italy and the National Commission for Companies and the Stock Exchange (Comsob) as the competent authorities to exercise the powers of authorisation (for the purposes of issuing, offering to the public and requesting admission to trading of tokens, as well as service providers for crypto-assets), supervision, investigation and sanctioning, provided for by the regulation. In addition, with this measure, the executive provides for dictating the minimum harmonisation discipline applicable to all crypto-activity operators, the special disciplines applicable to individual categories of operators; the sanction regime and coordination provisions."

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Il Governo decide su autostrade, criptovalute e Campi Flegre: la conferenza stampa

Italy will apply for EUR 8.5 billion of the sixth instalment Pnrr

At the end of the executive meeting, a press conference was held. In attendance were the Minister for European Affairs, Cohesion Policies, the South and the Pnrr, Raffaele Fitto, and the Minister for Civil Protection and Maritime Policies of Italy, Nello Musumeci. It was also an opportunity to take stock of the meeting of the Regibility Committee on the Pnrr, which took place before the Council of Ministers.

As a result of the verifications carried out during the meeting, Italy will "formally submit to the European Commission the request for payment of the sixth instalment, amounting to 8.5 billion euro, which will be added to the resources of the fifth instalment, currently in the final verification and reporting phase". This is what is stated in the communiqué issued after the steering committee meeting during which the achievement of the 37 objectives related to the sixth instalment of the new Recovery and Resilience Plan was verified. "Today's control room," stressed Prime Minister Giorgia Meloni during the meeting, "is called upon to initiate the procedure for requesting the European Commission to pay the sixth instalment of the EUR 8.5 billion NRP. This is a very important moment, because this allows us to achieve a double first, and to be the first nation in Europe to request the payment of the sixth instalment, after having also been the first to request the fifth. We arrive at this appointment after complex and very demanding work, especially in the last few days'.

Campi Flegrei, Musumeci: Region and municipalities have serious responsibilities

Regarding the measure on the Campi Flegrei, Musumeci recalled at the press conference that 'the government is giving more than it has a duty to give', since it is 'one of the most dangerous and complex volcanoes in the world. Very serious responsibilities, remote and less remote, omissive and commissive, are emerging, involving all bodies, starting with the Region and the municipalities concerned, Naples, Pozzuoli and Bacoli,' he added. 'Unreasonable, chaotic and disorderly urban development has been authorised, and the impending dangers in that area have never been taken into account. Those who were supposed to supervise did not do so'. The management of the interventions for the Phlegraean Fields, he continued, 'cannot be entrusted to the Region, the municipalities, or the Department, but will be entrusted to an extraordinary commissioner who will be appointed by decree, on my proposal, within 15 days'.

Musumeci clarified that 'people forced to leave their homes in the Campi Flegrei area benefit froma contribution of 400 to 900 euro per person per month, which can be supplemented. The government,' he emphasised, 'does not intend to raise a single penny for illegal or second homes. I reiterate this to avoid fuelling easy expectations'. With the decree, he added, 'the ban on building new homes for civilians, excluding factories, factories, and workplaces is triggered.

The note from Palazzo Chigi, in particular, speaks of the recognition of 'an independent accommodation contribution in favour of family units whose main home has been evacuated due to uninhabitable conditions in execution of measures adopted, by the date of entry into force of the decree-law, by the competent authorities as a result of the seismic event of 20 May 2024. The contribution," the document goes on to say, "is disbursed starting from the date indicated in the eviction order and until the conditions for returning to the home are met, or the housing needs are met in a stable manner. In any case, the contributions cannot be paid out after 31 December 2025 and, in any case, they are not due if the housing need has been temporarily met free of charge by a public administration'.

Again: 'For seismic upgrading and the restoration of uninhabitable residential buildings, a contribution is recognised for restoration work in favour of households whose main, habitual and continuous dwelling has been damaged and evacuated due to uninhabitable conditions in execution of measures adopted after the earthquake of 20 May 2024. The grant is also available to households whose main, habitual and continuous dwelling has been damaged and evacuated due to uninhabitable conditions.

Updated plans for expiring motorway concessions

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As for the Infrastructures decree, the draft that has reached the executive's examination envisages that by 31 July 2024 the concessionary companies for which the five-year regulatory period expires this year must submit 'proposals for the updating of their economic-financial plans', an update that must be 'perfected' by the end of the year. According to some interpretations, this would be a further preparatory step to the republicisation of motorway concessions being studied by the government.

The pruning of the extraordinary commissioners

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The Infrastructure Decree also provides for the reduction of extraordinary commissioners and the establishment of an observatory to monitor them. Postponing to a Dpcm to be adopted within 90 days the "plan for the rationalisation of the tasks and functions attributed to the extraordinary commissioners appointed for the implementation of priority infrastructure interventions" (pursuant to Decree 32 of 2019 "Urgent provisions for the relaunch of the public contracts sector, for the acceleration of infrastructure interventions, urban regeneration and reconstruction following seismic events". Which provides for commissioners for 'infrastructural interventions characterised by a high degree of design complexity'). The rationalisation also concerns the 12 extraordinary commissioners specifically listed in the decree, including: the one for earthquake safety interventions on motorways A24 (Rome-Teramo) and A25 (Torano-Pescara) motorways; for the Port of Piombino; the Mose dams in Venice; the hydrogeological risk of the Gran Sasso; the rehabilitation of the A19 Palermo-Catania motorway; line 2 of the Turin underground railway; the Milan-Cortina 2026 Winter Olympics; the Third Giovi Pass and Genoa railway junction; the reconstruction of the Morandi Bridge in Genoa; the Trieste-Ferera di Servola complex industrial crisis area.

Penal Process

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A rule should also be included in the Infrastructure Decree to stabilise the rules of the cartular criminal trial in the Court of Cassation, i.e., the trial that takes place without the presence of the parties but with proceedings through written documents.

Cryptocurrencies, criminal penalties and fines of up to EUR 5 million

News also on the subject of crypto-assets. In an ad hoc legislative decree, the government adopts the EU rules (EU regulation 1114 of 2023 on crypto-assets markets) on the issuance, supervision, and sanctions of electronic money tokens. Administrative fines are introduced against companies that start at EUR 30,000 and can go up to EUR 5 million, or, if the amount is higher, a sum ranging from 3 to 12.5 per cent of total annual turnover, depending on the rule violated. Administrative sanctions against natural persons, including legal representatives and company staff, are also introduced: in this case, the fine under the current wording of the decree can range from EUR 5,000 to EUR 75,000. As far as criminal sanctions are concerned, the draft decree introduces imprisonment from six months to four years and a fine ranging from EUR 2,066 to EUR 10,329 for anyone who 'offers tokens linked to assets to the public or requests and obtains their admission to trading' in violation of the provisions of EU rules. These penalties are also triggered for those who 'provide services for crypto-assets in violation of Article 59' of the European regulation that establishes capital and interoperability requirements for issuers of tokens defined as 'significant': this category includes all virtual currencies with technical characteristics that can reach 'a large customer base, a high level of market capitalisation, or a large number of transactions'. Also in the crosshairs of the new rules are those who issue 'electronic money tokens in violation of the reservation in Article 48' (offer to the public or request admission to trading of an advanced electronic money token by a person other than the issuer, ed.), or 'offer to the public electronic money tokens or request and obtain their admission to trading in the absence of the issuer's prior written consent'.

Insider Trading and Market Manipulation

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Offences based on the abuse and unlawful communication of inside information and those aimed at market manipulation are also under the spotlight. Anyone who violates the prohibition against insider trading or the prohibitions against unlawful disclosure of inside information or market manipulation laid down in EU Regulation 2023/1114 is punished (administrative fine ranging from EUR 5,000 to EUR 5 million). Failure to cooperate or take action in judicial investigations is also sanctioned.

Who watches over cryptocurrencies

Administrative sanctions can be applied by the Bank of Italy and Consob, except for those on the 'issuance, public offer and request for admission to trading of e-money tokens', on which the Bank of Italy alone supervises and intervenes. The implementing decree comes on the eve of 30 June 2024, the date of application of the European provisions on asset-referenced tokens and e-money tokens.

Frontier workers

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Lastly, the bill introducing measures for frontier workers. With reference to the Italian-Swiss international agreement of 23 December 2020 on the taxation of the employment income of frontier workers, the text, Palazzo Chigi further explains, 'recognises the status of frontier worker also to those who perform, to the maximum extent of 25 per cent, their work in telework mode in the State of residence; recognises to the frontier municipalities listed in the annex to the measure the state contribution as financial compensation (restitution) for the lower IRPEF tax revenue not payable by frontier workers; introduces an optional tax regime for the so-called 'old frontier workers' residing in a specific list of municipalities'.

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