The reasons for the stop

Strait Bridge, Court of Auditors: European environmental and procurement rules violated

These are the main reasons for the rejection of the Ponte sullo Stretto project made known by the Corte dei Conti (Court of Auditors), which on 29 October denied the legitimacy approval of the Cipess resolution. Salvini: working to overcome the findings

by Flavia Landolfi

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

In four points contained in the deliberation of the Central Section on the control of legitimacy on the acts of the government, the Court of Auditors lines up the critical points that on 29 October led to the refusal to register the Cipess resolution on which the procedure for the Ponte sullo Stretto bridge is based. A rejection that affects the act on several fronts: from the violation of the Habitats Directive to the European regulations on procurement, passing through the exclusion of the Transport Regulatory Authority and other aspects that are limping along in the procedure to reactivate the project.

Three rounds of clarification

The meeting of 29 October, with the observations filed on 27 November, brings to a close a path marked by three rounds of clarifications, a tight correspondence with Brussels and the sending, by the Dipe and the ministries, of documentation that the Court defines as incomplete in several points and lacking the necessary technical prerequisites. But thethe Ministry of Infrastructure "takes note of the Court of Auditors' motivations" and makes it known in a note that "technicians and jurists are already at work to overcome all the findings and finally give Italy a bridge that is unique in the world in terms of safety, sustainability, modernity and usefulness".

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Palazzo Chigi: ample room for clarification on the Bridge

Palazzo Chigi, for its part, said that the reasons "will be the subject of careful examination by the government, in particular by the administrations involved, which have been committed from the outset to verifying the aspects that are still in doubt". According to Palazzo Chigi, these are 'profiles with ample room for clarification before the Court itself, in a discussion that is intended to be constructive and aimed at guaranteeing Italy a strategic infrastructure that has been awaited for decades'.

The Iropi procedure

But let's return to the Court's observations that clarify where the procedure for restarting the work has jammed. The first critical front concerns the Iropi procedure, the 'imperative reasons of overriding public interest' that made it possible to overcome the negative assessment of the Via-Vas. For the judges, that procedure was conducted without the necessary investigative support. The Court contests that the 'assumptions relating to the various "reasons of public interest" are not validated by technical bodies' and are not supported by adequate documentation. The reasons of protection of public health and safety, which would have made it possible not to ask the European Commission for a formal opinion, are also described as 'lacking adequate and circumstantial assessments'.

Alternatives never examined

The national guidelines for the Vinca, the environmental impact assessment, require that, in the case of a negative opinion, a check must be made to see if there are no alternatives that could reduce the impacts on Natura 2000 sites. For the Court, this step is not performed. The College recalls that the assessment of alternatives is an essential prerequisite and that the substantive criteria imposed by the Habitats Directive "are not met". The European Commission, moreover, asked for clarification on impacts, alternatives and compensatory measures in its note of 15 September. Mase's reply, which arrived on 15 October, reproduced the Via 2024 and 2025 opinions 'without adding any further information'.

The breach of the procurement directive

The second block of findings is dedicated to the Procurement Directive 2014/24/EU, which prescribes the terms within which a project can be put back on track without recourse to tender. Cipess - the Court reconstructs - approves a business plan that includes updated fees for the general contractor, the project management consultant and the environmental monitor. Contracts dating back to 2006, which were cancelled in 2012 and revived by Decree 35/2023. The Court notes that the resolution "does not give any consideration to the procedure for updating the costs, with particular regard to the full compliance with the conditions" of Article 72 of the directive. The changes for the Court are substantial: the financing model has changed, from project financing in 2003 to full coverage with public resources; the updating of the fees is not accompanied by a detailed technical investigation; the documentation of Stretto di Messina contains mere statements of compliance "in the absence of financial reference data". For the Court, a transformation of this magnitude could have "attracted new operators" and required a competitive procedure.

The Art Knot

The third topic concerns the role of the advisory and regulatory bodies. It is here that the issue of the Transport Regulatory Authority, already highlighted in the requests for clarification forwarded by Viale Mazzini at the end of September, comes into play. The CIPESS, in approving the Pef, "expressly excludes the need to acquire the opinion of the Transport Regulatory Authority" on the tariff system and the classification of the network, claiming that Stretto di Messina "will manage under concession ex lege sections of the network classified as extra-urban roads of category B". A choice that the Court considers unsupported by preliminary investigations. The failure to obtain Art's opinion affects the soundness of the Pef, which was also constructed on the basis of a "study drawn up by a private company" identified by the concessionaire. And it is in addition to the failure to obtain Nars' opinion in advance, which had already been noted during the preliminary investigation.

The holes in the investigation

Finally, the Court shines the spotlight on the overall quality of the investigation, pointing the finger at the 'absence of certain acts subject to control' and the presence of several versions of the documents, 'consultable through a telematic link' provided by SdM. Checks were necessary to ascertain the 'integrity, reliability, readability' of the acts themselves. On the Mit-Mef decree of 1 August, an essential prerequisite for the resolution to take effect, the Court pointed out that 'as of the date of the meeting, the preventive control procedure had not yet been completed'. A step that will be clarified in mid-December, with the filing of the other observations, those on the concession between the ministry and Stretto di Messina, which was also rejected.

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