Law 49 of 26 February 1987
(1)
New provisions governing Italian cooperation with
developing countries (2).
Notes ---------------------------------------------------------------(1) Published in Official Journal no. 49, S.O. of 28 February 1987
(2)See also Article 4 of Law 93 of 23 March 2001 and Article80, paragraph 16 of
Law 289 of 27 December 2002.In accordance with Article 60, paragraph 11 of
Legislative Decree 112 of 25 June 2008, the authorisation for expenditure
pursuant to this law, concerning public assistance to developing countries, shall
be reduced by 170 million euros per year with effect from 2009. See also Article
1, paragraph 1 of Law 108 of 3 August 2009 108 and paragraph 174 of Article 1
of Law 228 of 24 December 2012.
1.Purpose and scope.
1. Development cooperation is an integral part of Italy's foreign
policy and pursues the objectives of solidarity among peoples and
the full application of the fundamental human rights. It is inspired
by the principles sanctioned by the United Nations and by EEC-ACP
[African, Caribbean and Pacific Group of States]agreements.
2. Its aim is to satisfy primary needs and, first and foremost, to
safeguard human life, food self-sufficiency, the enhancement of
human resources, the conservation of the environmental heritage,
the implementation and consolidation of endogenous development
processes and the economic, social and cultural growth of
developing countries. Development cooperation shall also pursue
the goal of improving the status of women and children and
supporting the promotion of women.
3. It includes public and private initiatives, organised and
implemented in the manner envisaged by this law and included, as
a priority, in multi-sector programmes in specific intergovernmental meetings with beneficiary countries on a multi-annual
basis and according to criteria of geographical concentration.
4. Development cooperation includes extraordinary initiatives
designed to address calamities and situations of malnutrition and
shortcomings in health-sanitation provision that threaten the
survival of communities.
5. The funding allocated for development cooperation may not be
used, directly or indirectly, to finance military activities.
2.Cooperation activity.
1. Development cooperation activity shall be financed without
charge and/or through loans with particularly favourable terms. It
may be conducted on a bilateral, multilateral or multi-bilateral
basis.
2. The financial resources earmarked for this activity shall be
decided on a three-year basis through the Finance Law (Budget).
Each year, a forecasting and programming report shall be annexed
to the expenditure budget of the Ministry of Foreign Affairs. This
report shall contain, inter alia, the proposals and grounds for the
breakdown of financial resources, the choice of priorities with
respect to geographical areas and individual countries, and with
respect to the different sectors in which development cooperation
initiatives shall be implemented, and recommendations regarding
the instruments for intervention. Parliament shall discuss the
forecasting and programming budget along with the final report as
referred to at paragraph 6 (c) of Article 3.
3. Cooperation activities shall include:
a) the preparation and writing of studies; the planning, supply and
construction of plant; infrastructure, equipment and services; the
creation of integrated development projects; and the
implementation of initiatives, including financial, to enable the
purposes set forth in Article 1 to be achieved;
b) participation, including financial, in the activity or capital of
bodies, banks and international funds engaged in cooperation with
developing countries and in the European Economic Community's
development cooperation activity;
c) the use of skilled personnel for technical assistance,
administration and management, evaluation and monitoring tasks
related to development cooperation activity;
d) vocational training and the promotion of the social conditions of
the citizens of developing countries in situ, in other developing
countries and in Italy, including for the purposes of Law943 of 30
December 1986, and the training of Italian personnel who will be
working in development cooperation;
e) support for the implementation of projects and initiatives by
appropriate non-governmental organisations, including by sending
volunteers and organisations' own personnel to developing
countries;
f) the implementation of specific initiatives to improve the status of
women and children and to promote the cultural and social
development of women, with their direct participation;
g)the adoption of agricultural conversion programmes to obstruct
drug production in developing countries;
h)the promotion of educational programmes on development issues,
including in schools, and of initiatives to intensify cultural
exchanges between Italy and developing countries, especially by
young people;
i) the implementation of scientific and technological research
initiatives for the transfer of appropriate technology to developing
countries;
l) the adoption of instruments and initiatives, including those of a
financial nature, to foster exchanges between developing countries,
the stabilisation of regional and domestic markets and the reduction
of indebtedness, in keeping with the programmes and activities of
the European Union;
m) support for information and communication programmes that
encourage fuller participation by communities in the democracy and
development processes of beneficiary countries;
m-(bis)) support and assistance for the victims of anti-personnel
mines and cluster munitions, including psychological and physical
rehabilitation and social and economic inclusion, through
cooperation programmes with developing countries (3).
4. The activities described at letters a), c), d), e), f) and h) of
paragraph 3 may also be implemented, in keeping with the
provisions set forth in Article 5 below, through public structures in
the regions, autonomous provinces and local authorities.
5. Regions, autonomous provinces and local authorities may submit
proposals in this respect to the Directorate General for Development
Cooperation in accordance with Article 10. If it deems it
appropriate, the Steering Committee referred to in Article 9 shall
authorise the drafting of specific agreements with the abovementioned public structures.
Notes ----------------------------------------------------------------
(3) Letter added by Article 8 of Law 374 of 29 October 1997 and then replaced by
paragraph 1 of Article 6 of Law95 of 14 June 2011, with effect from 5 July 2011,
in accordance with the provisions of paragraph 1 of Article 9 of Law95/2011.
3.Chairmanship and functions of the Interministerial Committee for
Development Cooperation.
1. Development cooperation policy shall be the competence of the
Minister for Foreign Affairs.
2. To determine the general guidelines for development cooperation
and the resulting planning and coordination functions deriving from
these an Interministerial Committee for Development Cooperation
(CICS) shall be set up within the with Interministerial Committee
for Economic Planning (CIPE) (4).
3. The CICS shall be chaired by the Minister for Foreign Affairs,
under delegated authority from the Prime Minister, and its members
shall be the Ministers for the Budget and Economic Planning, the
Treasury and Foreign Trade. Through a decree issued by the Prime
Minister, at the proposal of the Minister for Foreign Affairs in
conjunction with the Minister for the Budget and Economic Planning,
no more than one month from the entry into force of this law
provisions to establish the composition and operation of the CICS
secretariat shall be issued.
4. At the request of its Chair, other ministers may, as and when
required, join the Committee where appropriate in view of the
topics on the agenda. The Under-Secretary for Foreign Affairs,
where delegated to do so under Article 9 and Article 14 of this law,
may also take part in meetings.
5. To exercise the functions relating to the implementation of this
law, the CICS shall meet at least four times per year.
6. The CICS shall:
a) establish, following the approval of the Finance Law and the
expenditure budget of the Ministry of Foreign Affairs,the
development cooperation programming guidelines and decide on
the priorities as regards geographical regions, sectors and
instruments for intervention. It shall also decide on the overall
break-down of financial resources available for multilateral and
bilateral cooperation and, within the scope of the latter, for the
extraordinary initiatives referred to in Article 11;
b)decide on development cooperation initiatives which, in view of
their complexity and financial scope, the Chair deems should be
submitted to it for scrutiny;
c) verify periodically the state of implementation and outcome of
cooperation activities and approve, on an annual basis, a report
drawn up by the Ministry of Foreign Affairs on cooperation policies
implemented during the previous financial year. The report must be
accompanied by analyses and evaluations concerning the type of
programmes; their state of implementation; the goals, cost and
outcomes of individual bilateral, multilateral, multi-bilateral,
ordinary and extraordinary projects; as well as the projects of nongovernmental organisations. With respect to individual countries,
these analyses and evaluations shall also be based on specific
documents drawn up by diplomatic missions. This report shall be
sent to the Parliament prior to the scrutiny of the Finance Law
(Budget)(5).
Notes ----------------------------------------------------------------
(4) With the Interministerial Committee for Economic Planning (CIPE) decision of
23 June 1995 (Official Journal no. 230 of 2 October 1995), the guidelines for a
new development cooperation policy and lines of action for the promotion of local
entrepreneurship in developing countries were approved.
(5)With CIPE decision 61/2002 of 2 August 2002, (Official Journal no. 242 of 15
October 2002), the guidelines for the granting of aid credits to less advanced
countries were established.
The Interministerial Committee for Development Cooperation was abolished after
Law 537/1993 (Article 1, paragraph 21) entered into force. Its general
development cooperation guidance functions, such as drawing up programming
guidelines and geographical priorities, are attributed to the CIPE while its other
functions are attributed to the Ministry of Foreign Affairs.
4.Competence of the Treasury Minister
1. The Treasury Minister, in compliance with the criteria established
by the CICS and in agreement with the Minister of Foreign Affairs
and the Minister for the Budget and Economic Planning, shall attend
to relations with multilateral development funds and banks. It shall
also ensure financial participation in the resources of the abovementioned bodies and the granting of obligatory contributions to
other multilateral bodies providing aid to developing countries (6).
2. Italy's participation in international multilateral financial bodies is
intended to further the implementation of the commitments
undertaken in the United Nations system in matters concerning
development cooperation(7).
2-(bis). The Minister of the Treasury, Budget and Economic
Planning, in concert with the Minister of Foreign Affairs, shall draw
up an annual report on Italy's participation in international
multilateral financial bodies. The report shall account for the policies
and strategies adopted, the criteria followed in delivering credits,
and the projects financed by the banks, development funds and
other multilateral bodies referred to at paragraph 1. It shall
highlight the positions taken in this regard by the Italian
representatives. With reference to individual bodies, the report shall
illustrate Italy's financial contribution, as well as the number of
Italian officials involved and their expertise. The report shall be sent
to Parliament as an annex to the report referred to at paragraph 6
of Article 3 (8).
Notes ----------------------------------------------------------------
(6)For the assignment to the Ministry of the Treasury, Budget and Economic
Planning of the functions referred to in this paragraph, see Article2 of the CIPE
decision of 6 August 1999.
(7) Article 6 of Law160 of 18 May 1998 replaced paragraph 2 with this version
and added paragraph 2-(bis).
(8) Article6 of Law 160 of 18 May 1998 replaced paragraph 2 with this version
and added paragraph 2-(bis).
5.Coordination functions of the Minister for Foreign Affairs.
1. On the basis of the guidelines drawn up in accordance with the
above-mentioned articles, the Minister for Foreign Affairs, in
agreement with the Ministerfor the Treasury, Budget and Economic
Planning, shall promote and coordinate, within the public sector and
between the public and private sector, operational programmes and
any other development cooperation initiatives.
2. In the absence of an agreement with beneficiary countries and of
standardised cooperation and coordination guidelines established by
the Ministry of Foreign Affairs, development cooperation initiatives
shall not be eligible for the benefits envisaged by this Law.
3. On an exceptional basis, initiatives proposed by nongovernmental organisations may be eligible for the benefits
envisaged by this law, even in the absence of any request by the
developing countries concerned – as long as they are adequately
documented and justified by humanitarian needs.
6.Revolving fund with Mediocredito Centrale.
1. The Treasury Minister, subject to deliberation by the CICS and at
the proposal of the Minister for Foreign Affairs, shall authorise
Mediocredito Centrale, including acting as a consortium with foreign
banks or bodies, states, central banks or public bodies in developing
countries,to grant loans on favourable terms from the Revolving
Fund set up within Mediocredito Centrale itself.
2. As an extension to the provisions of Article 13, paragraph 2, of
Decree Law 476 of 6 June 1956, confirmed, with amendments, as
Law 786 of 25 July 1956 as supplemented and amended, the
Minister for Foreign Trade shall give Mediocredito Centrale
delegated authority for the competences referred to in Article 13.1
(d) for operations financed through aid credits or mixed credits (9).
3. Such aid credits, including when associated with other financial
instruments (donations, export credits on favourable conditions,
credits at market conditions) may be granted only for development
projects and programmes that respond to the purposes of this law.
The funding allocations already made under Law 227 of 24 May
1977, Law 38 of 9 February 1979 and Law 7 of 3 January 1981 shall
be paid into the above-mentioned revolving fund.
4. Where so required by the nature of the development
programmes and projects, aid credits may also be allocated,
especially in low-income countries, to finance part of the local costs
of those same projects and programmes, for any purchases of
goods related to the approved projects and to foster increased
cooperation between developing countries.
Notes ---------------------------------------------------------------(9) Paragraph revoked, with effect from 1 January 1989, by Article 42 of
Presidential Decree 148 of 31 March 1988.
7.Joint Ventures in developing countries
1. Loans on favourable terms may also be granted to Italian
enterprises from the Revolving Fund referred to at Article 6,
following the same procedures, to finance the risk capital, including
in advance, toset up joint ventures. Such loans may also be granted
to public or private investors or international organisations, as long
as they are to be used to finance joint ventures to be set up in
developing countries or grant other forms of facilitation identified by
the CIPE and which promote the development of beneficiary
countries. A part of the Revolving Fund may be used to create a
Guarantee Fund for loans granted by credit institutes to Italian
enterprises or to make it easier for Italian enterprises to introduce
capital to joint ventures (10).
2. The CICS shall establish:
a) the proportion of the Revolving Fund that may be used each year
for this purpose (11);
b) the selection criteria for these initiatives, which must also take
into account – in addition to Italian Development Cooperation’s
general geographical or sectorial priorities –the guarantees offered
by beneficiary countries to protect foreign investments. These
criteria shall be designed to favour the creation of jobs and added
value at the local level(12);
c) the conditions under which the loans may be granted
(13)
.
3. The proportion of the Revolving Fund referred to at paragraph 1
shall be transferred to Mediocredito Centrale. The
evaluation,payment and management of the loans referred to in
this article shall also be entrusted to Mediocredito Centrale (14).
Notes ----------------------------------------------------------------
(10) Paragraph replaced in this version by paragraph 1 of Article 7 of Legislative
Decree 69 of 21 June 2013 as amended by confirming law 98 of 9 August 2013.
(11) For the assignment to the Ministry of Foreign Affairs, inconcert with the
Ministry of the Treasury, Budget and Economic Planning, of the functions referred
to at this letter, see Article10 of the CIPE decision of 6 August 1999.
(12) For the assignment to the Ministry of Foreign Affairs, in concert with the
Ministry of the Treasury, Budget and Economic Planning and the Ministry for
Foreign Trade, of the functions referred to at this letter, see Article10 of the CIPE
decision of 6 August 1999.
(13) For the assignment to the Ministry of Foreign Affairs, in concert with the
Ministry of the Treasury, Budget and Economic Planningand the Ministry for
Foreign Trade, of the functions referred to at this letter, see Article10 of the CIPE
decision of 6 August 1999.
(14) See also Decision no. 92/2009 of 6 November 2009
8.(Consultative Committee for Development Cooperation). The
Consultative Committee for Development Cooperation referred to at
paragraph 1 of this article was abolished – under the provisions of
Article1, paragraph 28 of Law 537/1993 – by Presidential Decree
608 of 9 May 1994. Presidential Decree 608/1994 also abolished the
Commission for Non-Governmental Organisations envisaged by
paragraph 10 of this article.
9.Steering Committee.
1. A Steering Committee for Development Cooperation shall be
established at the Ministry of Foreign Affairs.
2. The Steering Committee shall be chaired by the Minister for
Foreign Affairs or by the Under-Secretary for Foreign Affairs in
accordance with Article 3.4 and shall be composed of:
a) the Directors General of the Ministry of Foreign Affairs;
b) The Secretary General for Economic Planning of the Ministry for
the Budget, the Director General of the Treasury, the Director
General for Currency of the Ministry for Foreign Trade and the
Director General of Mediocredito Centrale.
3. The members of the Steering Committee may designate a
replacement to represent them.
4. The Steering Committee for Development Cooperation shall:
a) define the regulations for the implementation of the guidelines
referred to at Article 3 and decide on the annual programme of
initiatives to be implemented under the terms of this law;
b) approve cooperation initiatives whose value exceeds 2 billion lire;
c) approve the creation of technical units in accordance with Article
10 and the arrangements for setting them up;
d) decide, on a case-by-case basis, whether the conditions are in
place to activate the initiatives referred to in Article 11, with the
exception of those arising from disaster situations;
e) approve the names of the experts to send to developing
countries for periods exceeding four months;
f) express an opinion on initiatives eligible for funding through aid
credits;
g)establish the procedures for obtaining technical opinions in
accordance with Article 12;
h) decide on each question that the Chair deems should be
submitted to it for approval.
5. The decisions of the Steering Committee shall be published and
publicised through a specific bulletin.
6. For the implementation of the tasks envisaged by this article, the
Steering Committee shall have at its disposal a secretariat
composed of three officials from the Ministry of Foreign Affairs and
a technical evaluation unit composed of five experts selected from
the personnel referred to at Article 12.
7. The Committee shall issue a decision on and appoint the
members of the secretariat and technical evaluation unit and define
their organisational criteria and tasks.
10.Directorate General for Development Cooperation.
1. To carry out the cooperation activities referred to at Article 2 of
this law, a Directorate General for Development Cooperation shall
be established in the Ministry of Foreign Affairs, as its central body
pursuant to Article 3 of Presidential Decree no. 18 of 5 January
1967.The Directorate General shall be governed by the abovementioned decree, subject to the provisions of this law. A research
office for the promotion of the role of women in developing
countries, in the framework of cooperation policy, shall be set up in
the Directorate General. This office shall also have the task of
proposing initiatives in this respect.
2. At the time of initial application of this law the Minister of Foreign
Affairs shall issue a decree to determine the organisational structure
of the Directorate.
3. The Directorate shall operate in compliance with the directives
and decisions of the Steering Committee and shall attend to the
study and preparation of bilateral and multilateral questions
concerning development cooperation policy. It shall also attend to
the performance, directly or indirectly, of the activities necessary
for the implementation of bilateral programmes and initiatives
financed through the resources destined for development
cooperation in accordance with Article 1 and Article 2 of this law.
4. The Directorate General shall establish, subject to a decision of
the Steering Committee as referred to at Article 9, development
cooperation technical units in developing countries receiving Italian
development assistance.
5. The Directorate General shall draw on the resources of the
Istituto Agronomico per l'Oltremare di Firenze, a technical-scientific
body of the Ministry of Foreign Affairs, not only for consultancy
services and assistance in the agricultural field, but also for the
implementation and management of development initiatives in the
agricultural-zootechnical, forestry and agri-industrial sectors.
11.Extraordinary initiatives
1. The extraordinary initiatives referred to at Article 1.4 shall
consist of:
a) sending emergency assistance missions; transferring goods,
equipment and food supplies purchased, preferably, in situ or in the
region; granting funding at the bilateral level (16);
b) launching initiatives revolving primarily around health and
installing basic infrastructure, especially in the agricultural and
health and sanitation fields, which is vital to the immediate
satisfaction of basic human needs in areas hit by disasters, hunger
or famine and characterised by high mortality rates;
c) the creation, in situ, of systems to collect, store, transport and
distribute goods, equipment and food supplies;
d) the use, in agreement with all the Ministries concerned and of
local authorities and public bodies, of the resources and personnel
required for the timely achievement of the objectives referred to at
letters a), b) and c);
e) the use of non-governmental organisations recognised as eligible
in accordance with this law, both directly and through by financing
programmes drawn up by such organisations and agreed with the
Directorate General for Development Cooperation.
2. Interventions arising from disasters or exceptional events may be
implemented in agreement with the Minister for the Coordination of
Civil Protection, who, with the powers referred to at paragraph 2 of
Article 1 of Decree Law 829 of 12 November 1982, confirmed, with
amendments, in Law 938 of 23 December 1982, shall make
specialised personnel and the appropriate resources available to
address such events. The costs of such intervention shall be
charged to the Directorate General for Development Cooperation
(17)
.
3. The initiatives promoted in accordance with this article shall be
decided by the Minister for Foreign Affairs or by the UnderSecretary referred to in Article 3, paragraph 4, if the cost envisaged
exceeds 2 billion lire, or by the Director General, for sums lower
than 2 billion lire. They shall not be subject to the prior opinion of
the Steering Committee or to the prior judgement of the accounts
office referred to in Article 15 paragraph 2. The relevant
documentation shall be forwarded to the Steering Committee, the
Consultative Committee and the Accounts Office at the same time
as the decision (18).
4. The activities referred to in this article shall be entrusted,
through the decree referred to in Article 10, paragraph 2, to the
appropriate operational unit of the Directorate General (19).
Notes ---------------------------------------------------------------(16) Letter amended by paragraph 1 of Article 2 of Law 149 of 13 August 2010.
(17) Paragraph amended by Article 4 of Law 559 of 23 December 1993. See also
the last paragraph of the above-mentioned Article 4 and Article 4 of Legislative
Decree 90 of 31 May 2005.
(18) Paragraph amended by Article 4 of Law 559 of 23 December 1993. See also
the last paragraph of the above-mentioned Article 4.
(19) See also Article 1, paragraph 15-(sexies) of Legislative Decree 35 of 14
March 2005, in the text supplemented by the relative confirming law.
12.Central Technical Unit.
1. To support the work of the Directorate General for Development
Cooperation, and with sole regard to the performance of technical
tasks concerning the identification, preparation, formulation,
evaluation, management and monitoring of cooperation initiatives
and activities as referred to at Article 1 and Article 2, as well as for
study and research activities in the development cooperation field, a
Development Cooperation Central Technical Unit shall be
established (20).
2. In the Decree referred to at paragraph 2 of Article 10, the
functional structure of the Central Technical Unit shall be
determined in the Directorate General in such a way as to reflect as
fully as possible the functional structure of the Directorate itself.
3. The staff of the Central Technical Unit shall be composed of a
contingent of up to 120 experts drawn from the category referred to
at Article 16, paragraph 1, letter e), employed under a temporary
private law contract, and of technical-administrative support and
auxiliary staff from the Ministry of Foreign Affairs. An official from
the diplomatic service shall be assigned to the Central Technical
Unit (21).
4. The characteristics of the temporary private law contractual
relationship – including remuneration – shall be established through
a decree issued by the Minister for Foreign Affairs in conjunction
with the Treasury Minister and the Minister for the Public Sector,
subject to the opinion of the Steering Committee referred to in
Article 9. Account shall be taken of the criteria and parameters
observed in this regard by the European Development Fund of the
European Economic Community, and of the professional experience
of the personnel concerned at the time the contract is drawn up.
The contract shall be of four years' duration and may be renewed in
keeping with the needs arising from the implementation of the
technical tasks involved in development cooperation. The decree
referred to in this paragraph shall also envisage the competitive
procedures for the appointment of the experts referred to in
paragraph 3 to the Central Technical Unit.
5. The experts referred to in paragraphs 3 and 4 shall also be
employed in technical cooperation units in developing countries as
referred to in Article 13.
6. At the time of initial application of this law, for a maximum of
fifty per cent (50%) of the contingent referred to at paragraph 3 for
appointment to the Central Technical Unit through the competitive
procedures referred to in paragraph 4, precedence shall be given
to:
a) experts and technical personnel who, in any capacity, with costs
paid by the State, have been employed in the central offices of the
Department for Cooperation as referred to in Law 38 of 9 February
1979, and/or in the headquarters of the Special Service referred to
in Article 3 of Law 73 of 8 March 1985, for at least twelve (12)
months at the date of the entry into force of this law;
b) officials of Italian citizenship who have been serving for at least
two (2) years with international and Community organisations in
the sector of cooperation with developing countries, at the date of
the entry into force of this law.
7. This precedence may be exercised by the persons concerned
through an application which should be submitted no more than
thirty (30) days from the entry into force of this law.
8. The Steering Committee shall verify whether the requirements
referred to in the previous paragraphs are satisfied and issue a
decision to that effect, subject to the opinion of the Board of
Directors of the Ministry of Foreign Affairs.
9. In relation to the support requirements arising from the
establishment of the Central Technical Unit, the staffof the Ministry
of Foreign Affairs shall be increased by 25 posts at grade V and 35
at grade IV. The break-down of these additional positions by
occupational profile shall be established by a decree issued by the
Minister for Foreign Affairs acting in concert with the Minister for the
Public Sector. Under the same procedure, the break-down of the
above-mentioned additional posts between different grades may be
changed, if the relevant job profiles are changed. The personnel
serving full-time and in any capacity in the Department for
Development Cooperation or in the Special Service established in
accordance with Law 73 of 8 March 1985 for at least a year at the
date of the entry into force of this law and performing
administrative support tasks, may apply to be admitted, within six
months, to sit a selection test to be included in the additional
contingent of staff referred to in this paragraph, in the grades and
occupational roles corresponding to the tasks and duties performed.
The procedures and arrangements for the selection texts shall be
established through a decree issued by the Minister for Foreign
Affairs subject to the opinion of the Board of Directors.
10. The cost of applying paragraph 9, evaluated at one billion 200
million lire per year, shall be met through a corresponding reduction
in the sum entered, for the purposes of the three-yearly budget for
1987-1989, under chapter 6856 of the Treasury Ministry's
expenditure budget for the 1987 financial year, and in part by using
for this purpose the sum earmarkedfor the “Reorganisation of the
Ministry of Foreign Affairs”.
11. The Treasury Minister shall be authorised to issue decrees to
make the necessary changes to the budget.
Notes ----------------------------------------------------------------
(20) For the official interpretation of this paragraph, see Article 3 of Legislative
Decree 543 of 28 December 1993,
(21) Paragraph amended by letter a) of paragraph 7-(bis) of Article 3 of
Legislative Decree 228 of 29 December 2010, in the text supplemented by the
relative confirming law.
13.Technical Cooperation Units in developing countries.
1. The Technical Cooperation Units referred to in Article 9 and
Article 10 shall be set up in developing countries declared by the
CICS as priorities. They shall be directly accredited to the
governments concerned in the framework of the relevant
cooperation agreements.
2. The Technical Cooperation Units shall be composed of experts as
referred to in Article 16, paragraph 1 letters c) and e), of technicaladministrative experts assigned by the Directorate General for
Development Cooperation, and of personnel who may be recruited
in situ on temporary contracts (22).
3. The tasks of the Central Technical Unit shall consist of:
a) drawing up and sending to the Directorate General for
Development Cooperation reports, data and any information of use
for the identification, preparation and evaluation of cooperation
initiatives eligible for funding;
b) drawing up and sending to the Directorate General for
Development Cooperation reports, data and information on the
development plans and programmes of their Country of
Accreditation and on the development cooperation promoted and
implemented there, including by other countries and international
bodies;
c) supervising and monitoring, from a technical perspective, any
existing cooperation initiatives;
d) handling the customs clearance, storage and delivery of
equipment and goods sent by the Directorate General for
Development Cooperation
e)carrying out any other task to ensure the satisfactory
performance of cooperation initiatives in the country concerned.
4. Each technical unit shall be managed by an expert as referred to
in Article 16, paragraph 1, letters c) and e), who shall answer to the
head of the diplomatic mission with responsibility for the region
concerned (23).
5. The Directorate General for Development Cooperation shall
provide the Central Technical Units with the necessary funds and
equipment to perform the tasks entrusted to them.
Notes ---------------------------------------------------------------(22) Paragraph amended by numbers 1) and 2) of letter b) of paragraph 7-(bis)
of Article 3 of Legislative Decree 228 of 29 December 2010, in the text
supplemented by the relative confirming law.
(23) Paragraph amended initially by paragraph 1 of Article 3 of Law 149 of 13
August 2010 and then by letter b) of paragraph 7-(bis) of Article 3 of Legislative
Decree 228 of 29 December 2010, in the text supplemented by the relative
confirming law.
14.Financial resources.
1. The financial resources earmarked for the implementation of this
law, with the exception of those deriving from specific legislative
provisions, aid credits and the funds earmarked for Italy's
participation in the capital of international banks and funds and for
the cooperation initiatives conducted by the European Community,
shall be composed of:
a) the allocations entered under the specific heading in the budget
projection of the Ministry of Foreign Affairs and determined each
year under the arrangements referred to in Article 11, paragraph 3,
letter d) of Law 468 of 5 August 1978,as replaced by Article 5 of
Law 362 of 23 August 1988;
b)any amounts introduced, in any currency, by developing countries
themselves and/or by other countries or international development
cooperation bodies and organisations;
c) funds collected through initiatives promoted and coordinated by
local authorities;
d) donations, bequests, legacies and other forms of gift, duly
accepted;
e)any other income deriving from the activity of the Directorate
General, including any Community reimbursements.
2. The sums referred to at letters b), c), d) and e) of paragraph 1
shall be entered into the state budget to be re-allocated, through
decrees issued by the Treasury Minister, to the relevant budget
headings.
3. The operations performed with respect to government
departments and non-governmental organisations recognised under
this law which provide, under the arrangements established through
the decrees issued by the Finance Minister, for the transportation
and dispatch of goods abroad for humanitarian purposes, including
those intended to implement development cooperation
programmes, shall not be subject to Value Added Tax. A similar
benefit is envisaged for imports of goods intended for the same
purposes (24) (25).
Notes ---------------------------------------------------------------(24) As replaced by Article 4 of Law 559 of 23 December 1993. See also the last
paragraph of the above-mentioned Article 4 and Article 3 of Legislative Decree
323 of 20 June 1996.
(25) For the implementing regulations, see Ministerial Decree 379 of 10 March
1988.
14-(bis).Partnerships
(26)
.
1. For the implementation of programmes, projects or initiatives
included within the scope of this law in partnership with other
parties, special programme agreements shall be drawn up with
public or private supra-national bodies or organisations in
accordance with Law 241 of 7 August 1990.
2. The bodies implementing the initiatives shall account for the
revenue and expenses incurred for each initiative under the
ordinary rules. They shall indicate the source of the funds, the
beneficiaries and the type of expenditure, following a model to be
established through a non-regulatory decree issue issued by the
Minister for Foreign Affairs in agreement with the Minister for the
Economy and Finance. The provisions of Article 11, paragraph 1,
letter c), of Legislative Decree 123 of 30 June 2011 shall apply.
3. Any public money not used for the initiative shall be entered into
the state budget. Any non-public money not used for the initiative
shall be paid to the supra-national or private bodies or
organisations that signed the programme agreement.
Notes ----------------------------------------------------------------
(26) Article added by paragraph 1 of Article 8 of Legislative Decree 69 of 21 June
2013.
15.Financial autonomy of the Directorate General for Development
Cooperation.
1. Initiatives designed to achieve the purposes of this law shall be
managed in derogation of the provisions governing the
management of the assets and the general accounts of the State,
within the limits of this law (27).
2. An accounting office, answering to the Treasury Ministry for the
exercise of the functions pertaining to central accounting offices,
shall be set up in the Directorate General(28).
3. The Court of Accounts shall subsequently check the provisions
and documents of the Directorate General for Development
Cooperation, which is required to send them as they are compiled.
4. To this end, an office of the Court of Accounts shall be set up in
the Directorate General for Development Cooperation. This office
shall check and verify the documents in question within sixty (60)
days of the date of receipt of the documents submitted by the
Directorate General. Before the end of this period, the office shall
notify the Directorate General of its approval of or of any
observations concerning said documents(29).
5. For the implementation of the cooperation initiatives envisaged
by this law, the Directorate General for Development Cooperation
may draw up, subject to a decision by the Steering Committee,
agreements and contracts with parties external to the state
administration.
6. [For individual initiatives based on documented needs of
beneficiary countries, this may in exceptional cases also occur in
direct form and through direct agreement, subject to prior
authorisation by the Steering Committee. The reasons for these
exceptional circumstances shall be set out in the Foreign Minister's
report to Parliament as referred to in Article 3, paragraph 6, letter
c)] (30).
7. In any case, the Steering Committee’s decisions and opinions on
individual cooperation initiatives shall be accompanied by a specific
evaluation by the Central Technical Unit as referred to in Article 12.
In the event of direct agreements, the contract and relative
technical evaluations must be published in the bulletin referred to at
Article 9, paragraph 5.
8. The Directorate General for Development Cooperation may, at
the request of the Minister for Foreign Affairs or the Steering
Committee, arrange to conduct special checks, referring to
individual projects and temporary in nature, by independent thirdparty bodies, on the studies, projects and initiatives implemented
under this law.
9. Any sums not committed in the financial year in question may be
used in the following financial year. The Treasury Minister, at the
proposal of the Minister for Foreign Affairs, may introduce
compensatory variations between spending items, in terms of cash
and financial movements, entered under the relative heading of the
expenditure budget of the Ministry of Foreign Affairs as referred to
in Article 14, paragraph 1, letter a), in which the financial resources
earmarked for the Special Fund for Development Cooperation are
entered.
10. [For the accounting and payment activities connected with
cooperation initiatives, the Directorate General for Development
Cooperation shall be authorised by the Steering Committee to draw
up agreements with one or more savings banks and credit
institutions operating under public law and to set up, to this end,
specific accounts into which withdrawals from the special funds set
up in the central treasury are paid. The institutes concerned shall
report to the Courts of Accounts in accordance with the relevant
legal provisions] (32).
Notes ----------------------------------------------------------------
(27) Paragraph replaced by Article 4 of Law 559 of 23 December 1993. See also
the last paragraph of the above-mentioned Article 4.
(28) Paragraph amended by Article 4 of Law 559 of 23 December 1993. See also
the last paragraph of the above-mentioned Article 4.
(29) Paragraph amended by Article 4 of Law 559 of 23 December 1993. See also
the last paragraph of the above-mentioned Article 4.
(30) paragraph revoked by Article 3 of Law 412 of 30 December 1991.
(31) Paragraph replaced by Article 4 of Law 559 of 23 December 1993. See also
the last paragraph of the above-mentioned Article 4 and paragraph 8 of Article 7
of Legislative Decree 227 of 28 December 2012.
(32) Paragraph revoked by Article 4 of Law 559 of 23 December 1993. See also
the last paragraph of the above-mentioned Article 4.
16.Personnel of the Directorate General for Development
Cooperation.
1. The personnel of the Directorate General for Development
Cooperation shall consist of:
a) personnel of the Ministry of Foreign Affairs;
b) a maximum of seven (7) ordinary or administrative magistrates
or state lawyers, seconded or appointed under the arrangements
envisaged by the regulations of their institutions;
c) experts and technical personnel hired under private law contracts
as referred to in Article 12 (33);
d) personnel seconded, including in derogation of the time limits
envisaged by the legislative or contractual provisions in force, from
the public administration, local authorities and not-for-profit public
bodies (34);
e) a maximum of thirty (30) expert officials of Italian citizenship
from international bodies, hired by the Directorate General for
Development Cooperation on the basis of similar criteria to those
envisaged by letter c) (35).
2. [Up to five (5) diplomatic service officials may be made available
for special positions in the Directorate General for Development
Cooperation and abroad, in addition to the number established by
Article 111 of Presidential Decree 18 of 5 January1967] (36) (37)(38).
Notes ----------------------------------------------------------------
(33) For the extension of experts’ contracts in accordance with this letter see
paragraph 12 of Article 3 of Legislative Decree 102 of 6 July 2010. For the rules
governing experts’ contracts under this letter see Ministerial Decree 223 of 29
November 2011.
(34) Letter amended by paragraph 7 of Article 7 of Legislative Decree 227 of 28
December 2012.
(35) For the extension of the period of secondment of public sector personnel,
including teaching staff from schools and the personnel of public bodies, including
at the local level, serving in the Directorate General for Development Cooperation
of the Ministry of Foreign Affairs, see Article 5 of Legislative Decree 543 of 28
December 1993, Article5 of Law 295 of 13 July 1995, Article4 of Legislative
Decree 347 of 1 July 1996, and Article 6 of Law 147of 26 May 2000.For the
extension of experts’ contracts in accordance with this letter see paragraph 12 of
Article 3 of Legislative Decree 102 of 6 July 2010. For the rules governing
experts’ contracts in accordance with this letter see Ministerial Decree 223 of 29
November 2011.
(36) Paragraph revoked by Article 18, paragraph 2, of Legislative Decree 85 of 24
March 2000.
(37) See also paragraph 5 of Article 01 of Legislative Decree 209 of 30 December
2008 as supplemented by the relative confirming law.
(38) For the missions allowance paid to the personnel referred to in this article
see Article 1, paragraph 3 of Law 108 of 3 August 2009; paragraph 3 of Article 3
of Legislative Decree 102 of 6 July 2010;paragraph 3 of Article 3 of Legislative
Decree 228 of 29 December 2010;paragraph 3 of Article 3 of Legislative Decree
107 of 12 July 2011;paragraph 3 of Article 9 of Legislative Decree 215 of 29
December 2011; and paragraph 2 of Article 7 of Legislative Decree 227 of 28
December 2012.
17.Sending personnel on missions.
1. Personnel sent on mission abroad for periods of over four (4)
months in relation to development cooperation projects shall be
drawn from the following categories:
a) personnel on permanent contracts from the public
administration, local authorities and not-for-profit public bodies or
other personnel on permanent contracts seconded to the
Directorate General for Development Cooperation;
b) contract workers as referred to in Article 12 and as envisaged by
Article 16, paragraph 1, letter e);
c) personnel hired by the Ministry of Foreign Affairs on set term
private law contracts on the basis of criteria set by the Steering
Committee.
18.Duties of personnel sent abroad.
1. Personnel sent abroad for development cooperation duties shall
be required to perform the tasks entrusted to them in compliance
with the scope and purposes of this law and with the contractual
obligations undertaken. The personnel in question may in no case
be used in police or military operations.
2. The head of the Italian diplomatic mission responsible for the
region shall oversee and ensure that the activities of the personnel
in question are conducted in the proper manner, including for
administrative and disciplinary purposes, subject to the state
provisions pertaining to each employee. These shall continue to be
governed by the regulations of the administrations to which they
belong.
19.Ban on additional remuneration.
1. The personnel referred to in Article 17 may not receive in the
country of employment any supplement to the remuneration paid
by the Italian administration.
20.Final certification.
1. At the end of the period of service the Ministry of Foreign Affairs,
at the request of the persons concerned, shall issue to personnel
who have been engaged in development cooperation in accordance
with Article 17 and Article 31, a certificate stating the correctness,
duration and nature of the service provided.
2. This certificate shall have the status of preferential evaluation
certificate, equating to service with the public sector:
a) in drawing up the lists for public competitions for entry to public
sector employment;
b) in entrance to private employment, in keeping with the general
provisions governing placement.
3. The period of service shall be taken into account toincrease the
maximum eligibility age for participation in public sector
competitions.
4. Unless more favourable legislative provisions are in place, service
in a developing country by the personnel referred to in paragraph 1
shall be recognised to all legal effects as wholly equivalent to similar
professional activities by permanent public sector employees at the
national level [in Italy]. This applies in particular to seniority, career
advancement, severance and retirement and social security
provisions, and for the awarding of periodic pay increases.
21.Use of public sector employees, university lecturers and
magistrates.
1. Personnel of the state and public bodes as referred to in Article
17, letter a), may be used within the numerical limits specified by a
decree issued by the Minister for Foreign Affairs, subject to the
opinion of the Treasury Minister and the Minister for the Public
Sector.
2. Within these numerical limits, the personnel referred to above
shall be made available to the Directorate General for Development
Cooperation:
a) through a decree issued by the Minister for Foreign Affairs, for
personnel employed by that Ministry;
b) through a decree issued by the competent Minister, in concert
with the Minister of Foreign Affairs, for employees of other state
administrations;
c) through a decree issued by the Minister for Foreign Affairs, in
agreement with the public body concerned, for employees of public
bodies.
3. Ordinary magistrates may be made available by the Higher
Council of the Judiciary, at the request of the Justice Minister,
subject to agreement with the Minister for Foreign Affairs.
4. While they have “available” status, the personnel in question
shall continue to receive any set and continuous payment to which
they are entitled in full, paid by the administration or body to which
they belong. The following exceptions shall apply: allowances for
dependants, special supplementary allowances, allowances for
specific functions and positions or connected to certain
environmental conditions, and any remuneration linked to the
actual service performed by them in Italy.
5. The duration of each appointment may not be less than four (4)
months or more than four (4) years and must be mentioned in the
decrees establishing that the personnel in question is available.
Only in cases of proven need on the part of the cooperation
programme in which the personnel is engaged may an extension of
the above-mentioned four-year duration be granted by the Steering
Committee. Once that period has ended, no new appointment may
be given to the same person under this article, unless for a different
programme from the one previously engaged in.
6. The Ministry of Education may authorise teaching staff and
researchers from Italian universities to take paid leave for the
duration of the appointment as referred to in the previous
paragraphs of this article to engage in development cooperation
activities.
22.Employees of public bodies.
1. Public bodies, including National Health Service structures,
scientific treatment and care institutions and experimental zooprophylactic institutes, may place personnel authorised by them to
engage in cooperation activities with developing countries on leave
of absence for a period not exceeding that of the appointment. This
shall be in agreement with the Ministry of Foreign Affairs and
subject to a declaration of no impediment from the supervising
administration.
2. Personnel on leave of absence shall be entitled to receive the
allowances referred to at Article 21, to be paid by the administration
to which they belong. Only for the personnel of the health
institutions referred to in paragraph 1 shall the full cost of such
allowances – including training and risk allowances, with the
exclusion of all other allowances that are considered as being
absorbed by the foreign service allowance – be paid by the
Directorate General for Development Cooperation.
3. This personnel shall also retain the right to social assistance and
social insurance allowances, the contributions for which shall be
reimbursed by the Directorate General for Development
Cooperation to the administration employing them.
23.Equating service abroad to regular service.
1. Subject to any diverse provisions in this law, service in
developing countries by the personnel referred to at letter a) of
Article 17 shall be equated, to all legal effects, including those
concerning career advancement and retirement benefits, to regular
service in the administration to which they belong.
2. The provision set forth at Article 144, paragraph 2, of Presidential
Decree 18 of 5 January 1967 concerning the calculation of service in
postings of hardship or particular hardship for the purposes of
retirement terms and conditions shall also apply to the personnel
referred to at letter a) of Article 17. The above-mentioned residence
conditions shall be determined in accordance with the decree
referred to in the first paragraph of the above-mentioned Article
144, supplemented, for countries that are not taken into
consideration in the decree itself since no Italian representation is
based there, by subsequent decrees issued in the same form. For
the purposes of periodic salary increases, every full three-month
period of service abroad shall be evaluated as an additional one
third.
3. The provisions of this article shall also apply to teachers and
teaching staff employed on a permanent basis at all grades and
categories, who are assigned to serve in schools operating in the
above-mentioned countries or which depend on such countries or
on international bodies or organisations.
4. Teaching service in a developing country shall be considered, in
relation to the documented degree of teaching provided, as a
criterion for assessment for all the effects of the law and for the
purposes of recruitment competitions for teaching posts in
institutions and schools of the same category in Italy, if the
personnel concerned meets the requirements of the Italian
legislation for the teaching in question.
24.Remuneration abroad
1. During their service abroad, the personnel referred to at Article
17, letters a) and b), shall receive, in addition to the salary and
fixed and continuing allowances envisaged while on home service,
a foreign service allowance established through a decree issued by
the Minister for Foreign Affairs acting in concert with the Treasury
Minister. This decree shall also determine all other payments and
allowances.
2. In determining the total remuneration for the personnel referred
to in Article 17, the Minister for Foreign Affairs shall refer, where
possible, to the remuneration parameters adopted in this regard by
the European Development Fund of the European Economic
Community for the corresponding personnel engaged in
development programmes (39).
Notes ----------------------------------------------------------------
(39) For the remuneration due to personnel sent on mission abroad, see
Ministerial Decree 863 of 18 February 1988.
25.Leave and travel expenses.
1. The personnel referred to at Article 17, letters a) and b), shall be
entitled to the amount of ordinary leave envisaged by their
regulations, and in any case no less than thirty-six (36) days per
year.
2. During ordinary leave, the above-mentioned personnel shall be
paid the service allowance referred to in Article 24.
3. The personnel in question shall be entitled to the reimbursement
of travel expenses and expenses for the transportation of their own
belongings and, if their service is of more than eight (8) months’
duration, the belongings of dependent family members. The amount
of the reimbursement and arrangements for paying it shall be
established through a decree issued by the Minister for Foreign
Affairs.
26. Remuneration and insurance.
1. With regard to the personnel referred to at Article 17, letter c),
hired under private law temporary contracts, the maximum number
of persons employable shall be established periodically through a
decree issued by the Minister for Foreign Affairs in concert with the
Treasury Minister.
2. The general contractual conditions and the remuneration due for
the various qualifications or grades of the above-mentioned
personnel shall be determined in the same way.
3. This remuneration must be equated where possible to that of
personnel of a corresponding technical qualification or grade sent in
accordance with Article 17, letter a).
4. The personnel referred to at paragraph 1 shall be registered, at
the expense of the recruiting body or administration, in employee
insurance schemes for disability, old age and survivors, and with
health insurance schemes, with sole respect to medical assistance.
5. The insurance referred to at paragraph 4 shall be regulated by a
special agreement with the insurance institutes entered into by the
recruiting body or administration.
6. The insurance contributions shall be commensurate with specific
agreed pay levels, to be established through a decree issued by the
Minister of Labour and Social Security in concert with the Minister of
Foreign Affairs.
7. Through a specific convention to be drawn up with the National
Insurance Institute, the recruiting body or administration shall also
provide insurance for the payment of reasonable compensation for
physical harm caused by accidents or by illnesses contracted during
or as a cause of service. It shall also provide for compensation in
the event of death during or as a cause of service, to be paid to
those entitled to receive it or, in the absence of such persons, to the
person named by the employee under contract.
27.Missions of less than four months’ duration
1. The personnel referred to at letter a) of Article 17, as well as
experts and qualified technical personnel appointed for the purpose
by the Directorate General for Development Cooperation, may be
sent abroad for brief missions of less than four (4) months’ duration
and for the purposes envisaged in Article 1. This shall be done
through a provision adopted by their administration or body of
employment in agreement with the Ministry of Foreign Affairs or
through a decree issued by the Directorate General for
Development Cooperation. This decree shall determine the
qualification or grade of the expert for the purpose of the payment
of the relative remuneration.
2. The amount of the remuneration shall be determined through a
decree issued by the Minister of Foreign Affairs in concert with the
Treasury Minister, taking into account the remuneration envisaged
for the missions referred to at Article 17.
28.Recognition of eligibility of non-governmental organisations.
1. Non-governmental organisations operating in the field of
cooperation with developing countries may have their eligibility
recognised for the purposes referred to at Article 29 through a
decree issued by the Minister of Foreign Affairs, subject to the
opinion of the Commission for Non-Governmental Organisations as
referred to at Article 9, paragraph 10. This Commission expresses
obligatory opinions, including on the withdrawal of eligibility, on
professional or occupational qualifications and on the selection and
technical-occupational training procedures of volunteers and other
cooperation workers employed by non-governmental organisations.
2. Non-governmental organisations may apply for recognition of
eligibility for the implementation of short- and medium-term
programmes in developing countries; for the selection, training and
use of volunteers in civil service; and for the training in situ of
citizens of the developing countries. Organisations eligible for one of
these activities may also apply for eligibility for information and
development education initiatives.
3. The above is without prejudice to the eligibility status formally
granted by the Minister for Foreign Affairs before this law entered
into force.
4. Recognition of eligibility status may be granted to nongovernmental organisations for one or more of the sectors of
intervention referred to above, on condition that the organisations
in question:
a)are established in accordance with the national legislation of a
European Union member state or another state party to the
Agreement on the European Economic Space (40);
b)have as their institutional purpose the performance of
development cooperation activities on behalf of third world
communities;
c)operate on a not-for-profit basis and envisage an obligation to
allocate all income, including income from additional commercial
activities or from other forms of self-funding, for the abovementioned institutional purposes;
d)are not dependent on for-profit bodies, or linked in any way to
the interests of public or private, Italian or foreign, for-profit
bodies;
e)provide adequate guarantees concerning the implementation of
the envisaged activities, and have at their disposal the necessary
structures and skilled personnel;
f)can provide documentary evidence of at least three (3) years’
operational experience and organisational capacity in relation to
developing countries, in the sector or sectors for which eligibility
has been applied for;
g)agree to periodic checks established to this effect by the
Directorate General for Development Cooperation, including for the
purposes of maintaining their recognised status;
h)submit management accounts for the last three years and provide
documentary evidence of their accounting procedures;
i) undertake to submit an annual report on the state of progress of
the programmes being implemented.
Notes ----------------------------------------------------------------
(40) Letter replaced by Article 19 ofLaw306 of 31 October 2003– Community Law
for 2003.
29.Effects of eligibility
1. The Steering Committee shall verify – for the purpose of
establishing eligibility to the benefits of this law – that the
programmes and initiatives prepared by non-governmental
organisations recognised as eligible comply with the criteria
established by the law itself, subject to the opinion of the
Commission for Non-Governmental Organisations referred to at
Article 8, paragraph 10.
2. The above-mentioned organisations may be granted
contributions to conduct their development cooperation activities.
These may not exceed 70% of the amount envisaged for the
planned initiatives, the remainder of which must be provided
through direct or indirect forms of autonomous financing, without
prejudice to the provisions of Article 31, paragraph 2-(bis), and
Article 32, paragraph 2-(ter). The organisations in question may
also be given the task of implementing specific development
cooperation initiatives whose costs will be funded by the Directorate
General for Development Cooperation (41).
3. The arrangements for granting contributions and funding and the
determination of the amounts in question shall be established
through a deliberation by the Steering Committee, subject to the
opinion of the Commission for Non-Governmental Organisations.
4. The development cooperation activities carried out by eligible
non-governmental organisations shall be considered, for tax
purposes, as non-commercial activities.
Notes ----------------------------------------------------------------
(41) Paragraph amended initially by Article 1 of Law 228 of 29 August 1991
(Official Journal no. 209 of 6 September 1991). This paragraph was also modified
by paragraph 15 of Article 3 of Legislative Decree 107 of 12 July 2011,
subsequently cancelled by the relative confirming law. Article 5 of Law288/1991
also envisaged the following:
“Art. 5. 1.
Until the date of the entry into force of this law, all the effects of the procedures
followed in matters concerning social insurance contributions for volunteers and
cooperation workers shall remain unchanged.
2. Within six months of the entry into force of this law, the Ministry
of Foreign Affairs shall issue, following the procedures referred to at
Article 17 of Law 400 of 23 August 1988, the necessary provisions
for the implementation of this law and for the up-dating and
coordination of the implementing regulations of Law 49 of 26
February 1987, approved through Presidential Decree177 of 12 April
1988.”
30.Deductible contributions
[1. Contributions, donations and offerings made by natural persons
and corporations to non-governmental organisations established as
eligible in accordance with Article 28 shall be deductible from net
taxable income for the purposes of the income tax established by
Article 3 of Presidential Decree 597 of 29 September 1973, for
natural persons, and by Article 3 of Presidential Decree 598 of 29
September 1973, for corporate persons. The maximum deduction
shall be two per cent (2%) of the income concerned](42).
Notes ---------------------------------------------------------------(42) Article revoked by Article 2, Legislative Decree330 of 31 May 1994.
31.Volunteers in civilian service
1. For the effects of this law the following persons shall be
considered as volunteers in civilian service: Italian citizens of
majority age who posses the necessary technical knowledge and
personal qualities to meet the needs of the countries concerned, as
well as sufficient training and the appropriate psycho-physical
qualities and who, disregarding profit and aspiring first and
foremost to the values of solidarity and international cooperation,
have entered into a development cooperation contract of at least
two years’ duration and registered in accordance with paragraph 5,
with which they have undertaken to engage in cooperation activities
in developing countries on a self-employed basis in the framework
of the programmes envisaged by Article 29 (43).
2. The cooperation contract must provide for the cooperation
programme in which the voluntary work is included and the
remuneration. The content of this contract shall be defined by the
Steering Committee, subject to the opinion of the Commission for
Non-Governmental Organisations. Volunteers working on a civilian
service basis with cooperation contracts registered with the
Directorate General for Development Cooperation, excluding those
on unpaid leave under the terms of Article 33, paragraph 1, letter
a), shall be registered, under their own responsibility, with
employee insurance schemes for disability, old age and survivors,
and with health insurance schemes, with sole respect to medical
assistance. This is without prejudice to the self-employment nature
of the contractual relationship and the absence of direct
contributory obligations on the volunteers. The terms and conditions
of the payment of contributions shall be defined by the
implementing regulations of this law, including in derogation of the
provisions concerning the above-mentioned forms of insurance (44).
2-(bis). The social insurance and assistance contributions referred
to at paragraph 2, the amounts of which shall be commensurate
with the agreed remuneration determined through the specific
interministerial decree, shall be entirely at the expense of the
Directorate General for Development Cooperation, which shall
provide directly for the contributions to be paid into the employee
pension fund. Volunteers and their dependant family members shall
also be insured again the risk of accidents, death and illness, with
policies made out on their behalf. The Directorate General for
Development Cooperation shall provide for the payment of the
premiums for the maximum sums insured as established by a
decision of the Steering Committee at the proposal of the
Commission for Non-Governmental Organisations. For volunteers on
unpaid leave under the terms of Article 33, paragraph 1, letter a),
the administration employing them shall continue to be responsible
for the payment of that part of their social insurance and assistance
payments payable by the administration in question. The part
payable by the workers shall be reimbursed by the Directorate
General for Development Cooperation to the administrations
concerned(45).
3. The Steering Committee, subject to the opinion of the
Commission for Non-Governmental Organisations, shall establish
and up-date each year the eligibility criteria for the remuneration
referred to at paragraph 2, taking into account the case of
volunteers with previous experience who are called to perform
functions of significant responsibility.
4. A training period of no longer than three (3) months at the
beginning of service shall be an integral part of the cooperation
contract.
5. The status of volunteer in civilian service shall be assigned
through registration of the contract referred to at paragraph 1 with
the Directorate General for Development Cooperation. To this end,
the Directorate General must verify that the contract complies with
the provisions of paragraphs 2 and 3, and that the requirements
referred to at paragraph 1 are satisfied.
6. A copy of the registered contract shall be sent by the Directorate
General for Development Cooperation to the Italian mission with
jurisdiction over the region for the purposes envisaged by Article 34
(46) (47)
.
Notes ---------------------------------------------------------------(43) Paragraphs 1, 2 e 2-(bis)replace the original paragraphs 1 and 2by effect of
Article 2 of Law 288 of 29 August 1991 (Official Journal no. 209 of 6 September
1991).
(44) Paragraphs 1, 2 e 2-(bis)replace the original paragraphs 1 and 2by effect of
Article 2 of Law 288 of 29 August 1991 (Official Journalno. 209 of 6 September
1991).
(45) Paragraphs 1, 2 e 2-(bis)replace the original paragraphs 1 and 2by effectof
Article 2 of Law 288 of 29 August 1991 (Official Journal no. 209 of 6 September
1991.
(46) see alsoArticle 9 of Legislative Decree 347 of 1 July 1996.
(47) This article was replaced by paragraph 14 of Article 3 of Legislative Decree
107 of 12 July 2011, cancelled by the relative confirming law.
32.Cooperation workers employed by non-governmental
organisations
1. In the context of recognised programmes that comply with the
purposes of this law and where envisaged by the programmes
themselves, eligible non-governmental organisations may also
employ Italian citizens of majority age possessing the necessary
technical knowledge, professional experience and personal qualities
and who have undertaken to engage in self-employment activities
in developing countries, with a cooperation contract of less than two
years in duration to perform tasks of significant technical,
management and organisation responsibility. The relative costs
shall be chargeable to the pertinent items under the heading
referred to at Article 14, paragraph 1, letter a). The contract in
question must comply with the provisions to be defined by the
Steering Committee, subject to the opinion of the Commission
referred to at Article 8, paragraph 10 (48).
2. The Directorate General for Development Cooperation, having
verified that the contract is compliant with the provisions of this law
and suitable for the cooperation programme in question, shall
register the contract, thus conferring the status of cooperation
worker under the terms of this law. Cooperation workers employed
by the state or by public bodies shall have the right to unpaid leave
for the duration of the cooperation contract (49).
2-(bis). Cooperation workers serving under cooperation contracts
registered with the Directorate General for Development
Cooperation may, at their own responsibility, register with the
employee insurance schemes for disability, old age and survivors,
and with health insurance schemes, with sole respect to medical
assistance. This shall be without prejudice to the self-employment
nature of the contractual relationship and the absence of direct
contributory obligations on the cooperation workers. The terms and
arrangements for the payment of contributions shall be defined by
the implementing regulations of this law, including in derogation of
the provisions concerning the above-mentioned insurance. The
insurance contributions shall be commensurate with the agreed
remuneration, to be established through an interministerial decree
(50)
.
2-(ter). The social insurance and assistance contributions for
cooperation workers enrolled in the insurance schemes referred to
at paragraph 2-(bis) shall be at the expense of the Directorate
General for Development. Cooperation workers and their dependant
family members shall also be insured again the risk of accidents,
death and illness, with policies made out on their behalf. The
Directorate General for Development Cooperation shall provide for
the payment of the premiums for the maximum sums insured
established by a decision of the Steering Committee at the proposal
of the Commission for Non-Governmental Organisations(51).
2-(quater). Cooperation workers shall have the right to have their
service in developing countries recognised in accordance with Article
20 (52).
3. A copy of the registered contract shall be sent by the Directorate
General for Development Cooperation to the Italian mission with
jurisdiction over the region for the purposes envisaged by Article 34
(53) (54)
.
Notes ---------------------------------------------------------------(48) Paragraph amended by Article 3 of Law 288 of 29 August 1991 (Official
Journal no. 209 of 6 September 1991). Paragraph 1was also amended by Article
4 of Law 559 of 23 December 1993. See also the last paragraph of the abovementioned Article 4.
(49) Paragraph amended by Article 3 of Law288 of 29 August 1991 (Official
Journal no. 209 of 6 September 1991). Paragraph 1was also amended by Article
4 of Law 559 of 23 December 1993. See also the last paragraph of the abovementioned Article 4.
(50) Paragraph added by Article 3 of Law288 of 29 August 1991 (Official
Journalno. 209 of 6 September 1991). The remuneration of volunteers and
cooperation workers of non-governmental organisations was determined by the
Ministerial Decree of 17 September 2002 (Official Journal no. 239 of 11 October
2002).
(51) Paragraph added by Article 3 of Law288 of 29 August 1991, (Official
Journalno. 209 of 6 September 1991).
(52) Paragraph added byArticle 3 of Law 288 of 29 August 1991, (Official Journal
no. 209 of 6 September 1991).
(53) See alsoArticle 9 of Legislative Decree 347 of 1 July 1996, 347.
(54) This article was revoked byparagraph 15 of Article 3 of Legislative Decree
107 of 12 July 2011, cancelled by the relative confirming law.
33.Volunteers’ rights
1. Persons recognised and registered as holding volunteer status
shall have the right to:
a) unpaid leave, if permanent or non-permanent employees of state
administrations or public bodies, within the numerical limits
established periodically through a decree issued by the Prime
Minister in concert with the Minsters for Foreign Affairs and the
Treasury. The period of time spend on unpaid leave shall be
calculated in full for the purposes of career advancement, the
allocation of periodic pay rises and retirement and social security
conditions and payments. The right to unpaid leave shall also apply
to employees whose spouses are serving as volunteers in
cooperation activities;
b) recognition of their service in developing countries;
c) the right to retain their employment position, in accordance with
the provisions of Legislative Decree 303 of the Provisional Head of
State of 13 September 1946 and subsequent supplementary
provisions, with respect to workers called up for military service, if
they take advantage of the postponement of military service under
this law.
2. Private firms who grant unpaid leave to volunteers and
cooperation workers in their employment shall be given the
possibility of recruiting replacement personnel on temporary
contracts (55) (56) (57).
Notes ---------------------------------------------------------------(55) See also Article 9 of Legislative Decree 347 of 1 July 1996.
(56) The number of public sector employees with the status of civilian service
volunteers to be placed on unpaid leave was determined through the Prime
Minister’s Decree of 1July 1987 (Official Journal176 of 30 July 1987).
(57) This article was revoked byparagraph 15 of Article 3 of Legislative Decree
107 of 12 July 2011, cancelled by the relative confirming law.
34.Duties of volunteers and cooperation workers
1. Volunteers in civilian service and cooperation workers with shortterm contracts for periods of service in developing countries shall be
subject to supervision by the Head of the Italian mission with
jurisdiction over the region in question. The Head of mission shall
be notified of the beginning and end of their cooperation activity.
2. They shall carry out their duties diligently and in keeping with the
dignity of task. In no case may they be employed in police or
military operations.
3. Volunteers and cooperation workers may not enter into
employment relations with non-governmental organisations for any
task whatsoever. Any employment contract entered into by a
volunteer or cooperation worker, including tacitly, with nongovernmental organisations shall be considered as null under the
terms of Article 1343 of the Civil Code. In the event of noncompliance with the provisions of paragraph 1 or with the ban
referred to in this paragraph, or of serious failure – duly ascertained
– to perform the duties referred to in paragraph 2, the cooperation
contract referred to in Article 31 or Article 32 shall be cancelled with
immediate effect and the volunteers or cooperation workers shall no
longer be entitled to the rights envisaged by this law (58).
4. The Minister for Foreign Affairs may also provide for the
repatriation of volunteers and cooperation workers:
a) when the administrations, institutes, bodies or organisations for
which they provide their services in a given country cease their
activity, or reduce it to a degree where they are no longer able to
call on their services;
b) when the conditions of the country in which they offer their
services change in such a way as to prevent them from continuing
their work or to perform it in a regular manner.
5. Eligible non-governmental organisations may terminate
cooperation contracts in advance and arrange for the repatriation of
the volunteers or cooperation workers concerned in the event of
serious failure to perform the tasks undertaken, subject to
notification of the reasons for this action to the Directorate General
for Development Cooperation and authorisation by the same (59) (60).
Notes ---------------------------------------------------------------(58) Paragraph replaced by Article 4 of Law288 of 29 August 1991 (Official
Journal no. 209 of 6 September 1991).
(59) Paragraph amended by Article 4 of Law 288 of 29 August 1991 (Official
Journal no. 209 of 6 September 1991).
(60) This article was revoked by paragraph 15 of Article 3 of Legislative Decree
107 of 12 July 2011, cancelled by the relative confirming law.
35.Military service: postponement and exemption
[1. Volunteers in civilian service who provide their services in
developing countries under Article 31 and who have not yet served
their obligatory military service may, in peacetime, apply to the
Ministry of Defence to have that service postponed. The Ministry of
Defence is authorised to grant the postponement for the duration of
the service abroad, on condition that the applicant undergoes a
medial examination and is enlisted.
2. At the end of a two-year period of actual and continuous service
in the above-mentioned countries, volunteers who have had their
military service postponed shall have the right, in peacetime, to
obtain definitive exemption from the Ministry of Defence.
3. The eligibility conditions for postponement and definitive
exemption shall be established by a decree issued by the Minister of
Defence, in concert with the Minister for Foreign Affairs.
4. In cases where a volunteer has promptly begun the service
abroad as undertaken but does not complete two years of service,
he shall no longer be eligible for exemption. However, if service is
interrupted for the reasons referred to in paragraph 4 of Article 34
or for suitably documented reasons of health or force majeure, the
time spent in the destination country shall be calculated
proportionately for the purposes of the obligatory term of military
service] (61).
Notes ----------------------------------------------------------------
(61) Article revoked by Article 2268, paragraph 1, n. 841), of Legislative Decree
66 of 15 March 2010, with the entry into effect envisaged by Article 2272,
paragraph 1 of the same Legislative Decree 66/2010.
36.Information database.
1. A database containing all the contracts, initiatives and
programmes connected with the cooperation activity governed by
this law, and the relative documentation, shall be set up in the
Directorate General for Development Cooperation
2. Access to the database shall be public, subject to any limits
envisaged by the regulations.
3. The arrangements for access shall be governed by the
regulations referred to at Article 38.
4. Until the database begins operating, the Directorate General for
Development Cooperation shall be required to provide access to the
information referred to in paragraph 1.
37. Funding allocations.
1. The Finance Law (Budget Law) shall determine each year the
total amount of funds allocated for the following three years to
bilateral and multilateral “Development Cooperation”.
2. The funding allocations entered in the state budget for public
development aid in all its forms must be calculated taking into
account the state’s international commitments.
3. [Allocations for cooperation activities shall by supplemented by
law by any sums allocated and not disbursed at the date of the
entry into force of this law, on the basis of existing provisions
concerning cooperation with developing countries and extraordinary
initiatives against hunger in the world] (62).
4. With the allocations provided for under the relevant heading
referred to at Article 14, paragraph 1, letter a), the Directorate
General for Development Cooperation shall be authorised to provide
for: expenditure for additional personnel as referred to in Article 12
and Article 16; the organisation, logistics and operation of the
Directorate General itself and of the CICS secretariat, the
Consultative Committee and the Steering Committee, meeting their
requirements by means such as the purchase of external technical
and operative services, directly and without the formalities
envisaged by Article 24 of Royal Decree 1058 of 20 June 1929 as
amended; allowances for overtime and for missions of ordinary,
seconded and additional personnel; missions, abroad or in Italy,
provided for by the Directorate General for monitoring,
management and evaluation tasks as referred to in Article 10 and
Article 12, and for the financing of visits to Italy of suitably qualified
personalities from developing countries and from bilateral and
multilateral donor bodies, invited to discuss or negotiate, with the
Directorate General, problems concerning Development Cooperation
in application of this law. The CICS shall determine, on the basis of
annual and long-term planning needs, the maximum proportion of
the fund that shall be allocated to the expenditure referred to in this
paragraph, taking into account that in no case may this proportion
exceed the average operational expenditure recorded in the
previous three-year period (63).
Notes ----------------------------------------------------------------
(62) Paragraph cancelled by Article 4 of Law 559 of 23 December 1993. See also
the last paragraph of the above-mentioned Article 4.
(63) Paragraph amended initially by Article 4 of Law 559 of 23 December 1993
and then by Article 7 of Legislative Decree 543 of 28 December 1993.See also the
last paragraph of Article 4 of the above-mentioned Law 559/1993.
38.Final and transitional provisions
1. Within two months of the entry into force of this law, by decree
of the President of the Republic and at the proposal of the Minister
for Foreign Affairs, subject to the opinion of the Treasury Minister
and the other state administrations concerned, the regulations
containing the implementing provisions shall be issued. From the
date of the entry into force of this law and until the implementing
decrees are issued by the Minister for Foreign Affairs, the Steering
Committee, including in the format referred to at Article 9, shall
issue directives to ensure that it its provisions become operational
with immediate effect and shall provide for the continuity of those
initiatives being implemented at 28 February 1987 on the basis of
Law 38 of 9 February 1979 and Law 73 of 8 March 1985. To this
end, the Steering Committee shall issue a decision adopting the
necessary provisions, including an extension of all the contracts
involved, including employment contracts (64).
2. Within thirty (30) days of the entry into force of this law, the
Steering Committee shall examine the individual initiatives referred
to in paragraph 1, verify the stage of implementation, adapt, where
necessary, the appropriate provisions, and decide which must be
assigned to be managed by the operational units referred to at
paragraph 4 of Article 11. Until that time the existing offices shall
be responsible for the operational management of the initiatives.
3. The administration, monitoring and consultative bodies envisaged
by this law shall be established within thirty (30) days of its entry
into force.
4. The documentation, including accounting documentation, of the
previous management structures established on the basis of Law 38
of 9 February 1979 and Law 73 of 8 March 1985 shall be transferred
to the Steering Committee on the date of the entry into force of this
law.
5. Law 38 of 9 February 1979 and Law 73 of 8 March 1985 shall be
repealed.
6. This law shall enter into force the day following its publication in
the Official Journal of the Italian Republic.
Notes ---------------------------------------------------------------(64) For the regulations, see Presidential Decree 177 of 12 April 1988.