financial statements at 31 december - Ferrovie dello Stato Italiane

Law no. 56 of 11 May 2012, “Conversion into law of Decree law no. 21 of 15 March 2012, bearing rules on special
powers on corporate structures in the defence and national security sectors, as well as for activities of strategic
importance in the sectors of energy, transport and communications.”
Decree law no. 57 of 12 May 2012, bearing “Urgent measures for the protection of health and safety at work in the
transport sector”, as converted by Law no. 101 of 12 July 2012.
June
Decree law no. 83 of 22 June 2012, bearing “Urgent measures for Italian growth”, as amended and converted by law
n. 134 of 7 August 2012, specifically provides, among provisions having an impact on the railway regulatory
framework:
- formalities relating to fire prevention inspections for road and railway tunnels (longer than 2,000 metres);
- the establishment of a fund for financing the adaptation of ports (including rail links), within the limit of Euro 70
million per year, to be replenished on an annual basis to an extent of 1% of collection of VAT and excise duties
relating to operations in ports and freight terminals falling under the local jurisdictions of port authorities;
- the authorisation of expenditure of Euro 4,500,000 for 2012 for the continuation of the intermodal service of the
Alpine Railway Highway through the Frejus tunnel,
- as regards regional railway transport in the Campania region, a specific procedure of assessment of deficits and
a consequent procedure for the definition of recovery plans, with a maximum term of 60 months, which are
necessary to reorganize and redevelop the regional rail mobility system of the Campania region;
- some amendments to the regulations on local public services (decree law 138/2011) aimed at speeding up the
provision of local public services to the market.
Law no. 92 of 28 June 2012, bearing “Provisions on labour market reform from a growth perspective”, specified that
the railway companies’ obligation to comply with the provisions relating to the regulation of employment measures
also concerns the collective bargaining negotiations held at a decentralised level.
July
Decree law no. 95 of 6 July 2012, bearing “Urgent measures for public spending review with no changes in services to
citizens, as well as measures to strengthen the capital of undertakings in the banking sector”, as amended and
converted by article 1, paragraph 1, of law no. 135 of 7 August 2012, which provides, inter alia, for:
- measures about the composition of board of directors of public companies;
- the lawfulness of direct in-house lending only for services of less than Euro 200 thousand per year starting from
January 2014;
- prohibition on arbitration in service contracts between wholly state-owned companies (either directly or
indirectly) and state and regional administrations.
By judgment no. 199 of 20 July 2012, the Constitutional Court ruled the constitutional illegality of article 4 of decree
law no. 138/2011 (“Amendments to the regulations governing local public services in the light of a public referendum
and European Union legislation”), both in the original version of this article and with its subsequent amendments and
additions. As a result of this judgment, some provisions regarding local public railway transport were removed from
Italian law, including the obligation to put services out to tender and the cancellation of the renewal (for 6 additional
years) of the service contracts in place.
2012 Report on Operations 15