INSTRUCTIONS FOR COMPANIES AND TRUSTED TECHNICIANS FOR THE IMPLEMENTATION OF ART. 84 OF PRESIDENTIAL DECREE NO. 207 OF OCTOBER 5, 2010
On June 8, 2011, Presidential Decree No. 207 of Oct. 5, 2010, came into force, Article 84 of which, in particular, provides on the qualification of Italian companies for the undertaking of public works, with particular reference to the certification of works performed abroad. The new regulatory disposition innovates the way data is entered into the computerized database of public contracts, managed by the Authority for the Supervision of Public Contracts (AVCP) for which both Consular Offices abroad and the central structure of the MFA are involved.
Procedural activities of consular offices abroad
1. The Consulate accredits to the issuance of certificates of works performed abroad one or more professionals, and gives adequate publicity on its website.
2. The enterprise shall notify the competent Consulate of the need to certify a work performed abroad. In case the enterprise submits the request to a Consulate other than the one in whose district the work was carried out, it will be redirected to the competent Consulate.
3. The Head Office shall notify the enterprise of the list of accredited professionals. Where there are no trusted technicians in the consular district in which the work was carried out, it is possible for the enterprise to rely on trusted technicians accredited in consular districts or countries neighboring the one in which the work was carried out.
4. The trusted technician – chosen independently by the enterprise from among those indicated in the list provided by the Headquarters, after verification of the conditions of incompatibility – shall produce a certificate in accordance with the simplified Model B. The certificate is delivered to the Headquarters in electronic and paper format dated, stamped and signed by the professional and accompanied by self-certification about the non-existence of incompatibility conditions.
5. Where necessary, the certificate conforming to the simplified Form B shall be duly legalized and complete with a certified translation issued by the Consular Office, or executed by an official translator.
6. The Consular Office verifies that the stamp and signature on the certificate correspond to one of the accredited technicians, then transmits the data to the central structure of the MFA.
Cost of the service rendered by the Offices abroad
The requesting firm is required to pay for the service, set for data entry only at €100.00 for a certificate consisting of up to 8 pages, and €10.00 for each additional page. This amount is subject to biennial review.
The amount shall be paid directly to the relevant Office by bank transfer, as consideration for “business service for CEL”. The payment can be discharged to the bank account, the details of which are provided below:
RBL BANK LTD
A/C NO – 409002188714
ACCOUNT NAME – ITALIAN CONSULATE ANTICIPI DELLE PERCEZIONI CONSOLARI E VISTI
SWIFT CODE – RATNINBBXXX
BRANCH – NARIMAN POINT BRANCH
IFSC code – RATN0000155
Procedural activity of the central structure of the MFA.
With the validation of the data entered by the foreign Head Office, the central structure of the Ministry provides for the entry of the certificate in the computerized register referred to in Article 8 of Presidential Decree 207/2010.
The trusted technician
Normative reference
According to Article 84(2) of Presidential Decree No. 207/2010, “the certification shall be issued, at the request of the interested party, by a trusted technician of the consulate or the Ministry of Foreign Affairs.”
Nature of the fiduciary relationship
“Trusted technician” means a professional who possesses the necessary qualifications to properly fulfill the mandate required by Italian law. “Trust” therefore consists of verifying that the professional requirements of the technician correspond to the indications expressed in the regulations. The Consular Office shall inform the professionals concerned about the civil and criminal consequences for false attestations.
Accreditation of technicians
To obtain accreditation, the technician must:
(a) possess the legal requirements to issue the certification, requirements that are generally embodied in registration with the corresponding professional body (engineers or architects);
b) possess the technical-professional requirements that, according to the system of the state in which the work was carried out, are necessary to certify it;
(c) be familiar with the Italian regulations. In particular, the Code of Contracts (Legislative Decree No. 163 of April 12, 2006) and its Implementing Regulations (Presidential Decree No. 207 of October 5, 2010) On the subject of accreditation of the trusted technician, it should be noted that:
- requirement sub a) may well include requirement sub b), absorbing it entirely;
- the requirement sub c) is self-certifiable by the interested party in the manner and with the requirements of Article 3, Presidential Decree No. 445 of 28/12/2000;
- it is always possible to accredit Italian technicians, who are duly registered with the competent Professional Order, in which case the possession of the above-mentioned requirements is realized implicitly.
The Consular office shall keep the list of accredited professionals with the deposit of the stamp and signature for verification when the certificate is delivered by the Company.
Compatibility and verification
The technician issuing the certificate cannot be:
1) An employee in any capacity of any of the Italian and local firms mentioned in the certificate; any past relationship must have ceased at least three years ago on the date the certificate is issued;
2) Holder in any capacity, personally or as a representative of a company, of a contractual relationship with any of the Italian and local enterprises mentioned in the certificate, with the exception of contracts for the issuance of the certifications in question; any past relationship must have ceased at least three years before the date of issuance of the certificate
3) Holder of legal positions of any kind in any subsidiary or associated enterprises with any of the Italian and local enterprises mentioned in the certificate; any past relationships must have ceased at least three years before the date of issuance of the certificate;
4) Joint to the third degree with any of the legal representatives of any of the Italian and local enterprises mentioned in the certificate. The above circumstances shall be self-certified by the professional in an annex to each certificate.
Upon accreditation of the trusted technician, the Consular Office verifies with the relevant local bodies (professional orders, universities) the authenticity of the requirements produced according to the local standard (degree, qualification, registration with the order). If not, in addition to refusing accreditation, the relevant judicial and professional authorities are notified. Where the registered professional manifests blatant disregard for the rule in question, or is found to have issued false or inaccurate certifications, or is found to be affected by conditions of incompatibility, he or she shall be immediately removed ex officio from the list of accredited technicians; at the same time, notice shall be given to the competent Italian and local judicial and professional authorities.
Tasks of the trusted technician
The trusted technician must fill in the simplified Form B prepared by the AVCP filled in all its fields, if any, based on the information deduced from the inspection of the work performed and the examination of the contractual and accounting documents of the works. In particular, the trusted technician is responsible for identifying, for the work to be certified, the categories and classes of work with reference to Presidential Decree 207/2010 Article 61 and Annex A; the form thus completed must be delivered to the requesting company and the Consular Office in electronic and hard copy format dated, signed and stamped with the details of registration with the professional association to which it belongs with attached self-certification of non-existence of conditions of incompatibility. It is emphasized that this certification does not, in any technical or legal respect, constitute a substitute document for the Certificate of Static or Technical Administrative Inspection. If a test certificate exists, it is acquired in the records of the certifier.
Fee of the trusted technician
The fee of the trusted technician of the Headquarters is agreed directly between the professional and the applicant company.
The trusted technician of the Ministry of Foreign Affairs
The list of the trusted technician of the Ministry of Foreign Affairs is communicated to all Consular Posts, which shall add them to their list of individuals qualified to issue certifications. The recruitment of trusted technicians of the Ministry of Foreign Affairs by the Enterprises for the issuance of certificates is carried out in the same manner as for the trusted technicians of the Seats, the list of authorized persons for each Seat being unique. In the event that the simplified Form B is filled out by a trusted technician of the Ministry, the same will also directly provide for the inclusion of the certificate in the computerized register referred to in Article 8 of Presidential Decree 207/2010.
Attachments for trusted technicians
Notice of establishment of list of trusted technicians of the Headquarters (downloadable at this link – Annex 1)
Application form for inclusion in the list of trusted technicians of the Headquarters and declaration about the conditions of incompatibility (downloadable at this link – Annex 2A)
Form of request for removal from the list of trusted technicians of the Headquarters (downloadable at this link – Annex 2B)
Model CEL transmission note (downloadable at this link – Annex 4B)
Statement about conditions of incompatibility to be attached to each certificate (downloadable at this link – Annex 4C)
Simplified Model B (downloadable at this link)
Attachments for companies
Model request for sending professional list (downloadable at this link – Annex 4A)