financial statements at 31 december - Ferrovie dello Stato Italiane

criteria for allocating the Fund for the financing of the local public transport. This provision was subsequently
repealed.
March
Decree law no. 16 of 2 March 2012, bearing “Urgent measures for tax simplification, efficiency improvement and
strengthening of assessment procedures”, as amended and converted by law no. 44 of 26 April 2012, provided, inter
alia, that:
- in order to ensure the necessary local public railway transport services in Ordinary Regions (Regioni a Statuto
Ordinario) could be provided by Trenitalia SpA, the resources of Euro 425 million for 2011 had to be allocated for
railway service contracts existing in 2011, according to the criteria and percentages set out by the Conference of
regions and autonomous provinces in the meeting held on 22 September 2011 and paid out to Trenitalia Spa for
the portion not yet disbursed. The related payment will be provided for in a decree of the Ministry of Economy
and Finance;
- the ordinary regions had to be allocated an amount of Euro 148 million, intended for the reimbursement of the
expense incurred by the same for the payment of the VAT relating to local public railway transport service
contracts.
April
Law no. 35 of 4 April 2012, “Amendments to, and conversion into law of, decree law no. 5 of 9 February 2012,
bearing urgent measures for simplification and development”.
The following provisions are of interest to us:
- amendments to the Italian Code of Public Contracts: (a) a national contracts database is to be set up at the
Supervisory Authority for public contracts of works, services and supplies; contracting authorities and awarding
bodies will verify that general, technical/organisational and economic/financial requirements are satisfied by
means of this database; (b) the rule that undertakings which submitted false declarations or documents were to
be excluded from tender procedures is mitigated, in that exclusion may be reduced to a period of up to one
year. Simplified regulations are also introduced for the procedures involved in searching for sponsorships for the
restoration of cultural heritage;
- the customer is jointly and severally liable with the contractor and with any sub-contractors for employee
obligations within at most two years from the termination of the contract; the customer may raise objections
concerning the benefit of discussion (beneficio della preventiva escussione), exhausting the contractor’s assets
and in this case enforcement proceedings may only be initiated against the customer if recourse against the
contractor’s assets is unsuccessful. If the contractor has not been summoned before the court, the objection
may still be raised, but in this case the customer must specify the assets of the contractor from which the worker
may satisfy his/her claim. This will apply without prejudice to the provisions that allow a customer that has made
its payments to claim the amount concerned from the contractor’s assets;
- an authentic interpretation is provided of the provision inserted by decree law 78/2010, which establishes the
honorary nature of participation in the collective governing bodies and of positions held in bodies of entities that
receive grants from public funds in any form, excluding boards of independent or statutory auditors;
- the obligation for all the enterprises being an incorporated entity to notify a certified email address to the
register of companies.
2012 Report on Operations 13