European Semester – First Urgent Provisions for the Economy.

(11G0113)

Effective as of: 5-1-2016

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Art. 6

Further reduction and simplification of bureaucratic requirements

1. To reduce the burdens arising from current legislation and

Burdening small and medium-sized enterprises in particular are made

With the following measure, operational in a logic that will find

further development, the following modifications:

1. (a) in the correct application of European regulations the

communications related to the confidentiality of personal data are

limited to the protection of citizens, consequently do not find

Application in business-to-business relations;

1. b) ((LETTER REPEALED BY LEGISLATIVE DECREE NO. 33 OF MARCH 14, 2013)));
2. (c) reduction of requirements concerning the use of small

LPG tanks;

1. (d) the right to carry out “online” any transaction

ASL-business and citizen finance;

(da) reduction and simplification of communications, by

Of citizens and businesses, to social security institutions;

1. (e) for exceptional transport, the current authorization provided for

for each transport is replaced, for transport of the same

type repeated over time, by a periodic authorization from

Issue themselves in a simplified mode;

1. (f) reduction of administrative burdens by the

territorial administrations.

(fa) ensuring the protection of road safety and the

Regularity of the road haulage market on behalf of

third parties.

2. Accordingly, the existing regulations are made, among

the other, the following amendments:

1. (a) Legislative Decree No. 196 of June 30, 2003, shall be amended as follows.

the following amendments:

(1) In Article 5, the following paragraph is added at the end:

“3-bis. The processing of personal data relating to persons

legal entities, enterprises, bodies or associations carried out within the framework of

relationships exclusively between the same parties for the

Administrative-accounting purposes, as defined in Article 34,

paragraph 1-ter, is not subject to the application of this code.”

(2) In Article 13, the following paragraph is added at the end:

“5-bis. The disclosure referred to in paragraph 1 is not due in the case of

Of receiving resumes spontaneously submitted by interested parties

for the purpose of the eventual establishment of an employment relationship. At

At the time of the first contact following the submission of the resume, the

holder is required to provide the data subject, even orally, with a

brief information containing at least the elements mentioned in subsection 1,

(a), (d) and (f).”

(3) in Article 24, paragraph 1 (g), the words: ‘also in

Referring to the activities of banking groups and subsidiaries

or related” are deleted and after (i) the following are added

Following:

“(i-bis) concerns data contained in resumes, in cases of

referred to in Article 13, paragraph 5-bis;

(i-b) to the exclusion of dissemination and subject to the

provided for in Article 130 of this code, concerns the

Communication of data between companies, entities or associations with companies

parent companies, subsidiaries or affiliates within the meaning of Article 2359 of the

Civil Code or with companies under common control,

as well as between consortia, business networks and groupings and associations

temporary enterprises with their member entities, for the

administrative accounting purposes, as defined in Article 34,

paragraph 1-bis, and provided that these purposes are expressly provided for

By determination made known to interested parties at the

Of the information referred to in Article 13.”

(4) in Article 26, paragraph 3, after subparagraph (b), the following is added

following:

“(ba) of the data contained in resumes, in the cases referred to in

Article 13, paragraph 5-bis.”

(5) In Article 34, paragraph 1a is replaced by the following:

“1-bis. For entities that process only personal data not

sensitive and dealing as the only sensitive and judicial data

Those related to its employees and contractors, even if they

non-EU, including those relating to spouses and relatives, the

maintenance of an updated security policy document is

replaced by the requirement of self-certification, made by the owner of the

treatment in accordance with Article 47 of the Consolidated Text referred to in the

Decree of the President of the Republic December 28, 2000, No. 445, of

process only such data in compliance with the minimum measures of

security provided for in this code and the technical specifications

contained in Annex B). In relation to these treatments, as well as

to treatments however carried out for current purposes

administrative – accounting, particularly at small and medium-sized

enterprises, freelancers and artisans, the Guarantor, having heard the

Minister for Regulatory Simplification and the Minister for the

public administration and innovation, identifies by its own

measure, to be updated periodically, simplified modalities

Of application of the technical specification contained in the cited

Annex B) regarding the adoption of the minimum measures referred to in the

Paragraph 1.

1-ter. For the purpose of applying the provisions on

protection of personal data, the processing carried out for

administrative – accounting purposes are those related to the

performance of activities of an organizational, administrative nature,

financial and accounting, regardless of the nature of the data

treated. In particular, pursuing these purposes are the activities

internal organizational, those functional for the fulfillment of obligations

contractual and pre-contractual, to the management of the employment relationship

in all its phases, to bookkeeping and

To the application of regulations in tax, union,

social security – welfare, health, hygiene and safety on the

work.”

(6) In Article 130, paragraph 3-bis, after the words “by means of

the use of the telephone,” the following shall be inserted: “and mail

paper” and after the words, “the inscription of the numbering of the

which he is a holder,” the following shall be inserted: “and the other data

personal referred to in Article 129(1).”

(a-bis) in Article 67-sexiesii of the Consumer Code, of

referred to in Legislative Decree No. 206 of September 6, 2005, is added, in

end, the following subparagraph:

“3-bis. The discipline provided for in Article

130, paragraph 3-bis, of the data protection code

personal, as referred to in Legislative Decree No. 196 of June 30, 2003, and

subsequent amendments, for the processing of data included in the

lists of subscribers available to the public.”

1. b) ((LETTER REPEALED BY LEGISLATIVE DECREE NO. 33 OF MARCH 14, 2013)).
2. (c) to reduce the requirements associated with the use of small

liquefied petroleum gas tanks, Article 2, para.

16-septies, of Decree Law No. 225 of December 29, 2010, converted

as amended by Act Feb. 26, 2011, No. 10, is repealed.

This is without prejudice to the provisions of current safety regulations in

Concerning the installation, operation and maintenance of tanks of

liquefied petroleum gas referred to in the decree of the Minister

of the interior May 14, 2004, published in the Official Gazette no.

120 of May 24, 2004;

1. (d) To accelerate the process of administrative automation and

Improving services for citizens while reducing their associated costs:

1) the health companies of the National Health Service

Adopt, pursuant to Articles 5, 63 and 64 of the Legislative Decree

March 7, 2005 No. 82, as amended, without new or increased

burden on public finance, telematic procedures for

enable online payment for services provided, as well as the

delivery, via web, certified mail or other

digital modes, of medical reports. The health companies of the

National Health Service make available to users the

Online payment service and carry out delivery of reports

Physicians exclusively in digital form within the ninety-day period

from the entry into force of the decree mentioned in number 2). It remains in any case

case without prejudice to the right of the person concerned to obtain, also at

domicile, hard copy of the report prepared in electronic form,

Without any new or increased burden on public finance;

2) by decree of the President of the Council of Ministers, by

To be adopted within ninety days after the entry into force of the law of

conversion of this decree, upon the proposal of the Minister for the

Public Administration and Innovation and the Minister of Health,

In consultation with the Minister of Economy and Finance and the

Minister of Regulatory Simplification, subject to the opinion of the Supervisor

For personal data protection, in agreement with the Conference

Standing Committee for Relations between the State, the Regions and the Provinces.

autonomous regions of Trento and Bolzano, are adopted, in accordance with the

technical rules provided by the digital administration code, of

referred to in Legislative Decree No. 82 of March 7, 2005, the provisions

Necessary for the implementation of the provisions of No. 1;

2-bis) in the case of transfer of residence of persons

physical, municipalities, at the request of those concerned, shall give them

Notification to the local health authority in whose territory is

Including the new residence. The communication is made, within

One month from the date of registration of the master change,

Telematically or in hard copy in accordance with the procedures established

By decree of a non-regulatory nature of the Minister of Health, of

in consultation with the Minister for Public Administration and

Innovation, in agreement with the Permanent Conference for Relations

between the state, the regions and the autonomous provinces of Trent and

Bolzano. The local health authority shall update the

Health record book, transmitting to the new residence

of the holder the new booklet or a coupon of

update to be affixed to the existing one, according to the

established by the decree referred to in the second sentence. Le

administrations concerned shall provide for the implementation of this

available within the human, instrumental and

financial resources available under current legislation, without new or

Increased burden on public finance;

(da) to reduce and to simplify communications, by

Of citizens and businesses, to social security institutions:

(1) in Article 1, paragraph 248, of Act Dec. 23, 1996, no.

662, the words, “by March 31 of each year,” shall be replaced

by the following, “annually.”

(2) in Article 1 of Law No. 662 of December 23, 1996, and

as amended, the following is inserted after paragraph 248:

“248-bis. The deadline for the submission of the declaration

of liability referred to in subsection 248 is established by

determination of the president of INPS.”

(3) in Article 2 (3) of Law No. 11 October 1990, no.

289, the following sentence is added at the end: “If the aforementioned

allowance is provided for attendance at schools, public or

Private, throughout the duration of compulsory schooling, is

mandatory to transmit only the communication of any

termination from participation in such school courses.”

(4) the following shall be added to Act No. 889 of October 29, 1971.

following amendments:

(4.1) The fourth paragraph of Article 10 is replaced by the following.

following:

“By June 30 of the same year, companies must

transmit by electronic means to the National Institute of

Social Security the list of ancillary items, referred to in the

(d) of the first paragraph of Article 5, which were

paid to employees, only if newly established or

changed from those already brought to the attention of the institute

same.”

4.2) Article 18 is repealed;

1. (e) to simplify licensing procedures

relating to exceptional road transport, Article 10 of the

Highway Code, as set forth in Legislative Decree April 30, 1992, no.

285, as amended, after paragraph 9, the following shall be inserted

following:

“9-bis. Within sixty days of the effective date

of this provision, the Government, by regulation adopted under the

Pursuant to Article 17, paragraph 1, of Law August 23, 1988, no. 400,

as amended, amends the implementing regulations and

Implementation of the new highway code, referred to in the decree of the

President of the Republic December 16, 1992, No. 495, providing that.

for exceptional transport by road is sufficient to provide for the

transmission, electronically, of the prescribed request for

authorization, accompanied by the necessary documentation, to the body

owner or concessionaire for highways, state highways and

military, and to the regions for the remaining road network, at least

15 days before the date set for the trip.”

1. (f) In Article 25 of Decree Law No. 112 of June 25, 2008,

converted, with amendments, by Law No. 133 of August 6, 2008, are

made the following amendments:

1) in paragraph 3:

1.1) in the first sentence, after the words “reduction plan

Of administrative burdens,” the following shall be inserted: “relating to the

matters entrusted to the jurisdiction of each minister.”

1.2) the following sentence is added at the end: “The regions,

Provinces and municipalities adopt, within the scope of their

competence, based on the measurement activities, programs of

regulatory, administrative and organizational interventions

aimed at the gradual reduction of administrative burdens. For the

Coordination of the methodologies of measurement and reduction

of the charges, is established at the Unified Conference referred to in

Article 8 of Legislative Decree No. 281 of August 28, 1997, and

subsequent amendments, without new or increased burdens on the

public finance, a six-member joint committee

designated, respectively, two by the minister of public

administration and innovation, two by the Minister for the

Regulatory simplification, two by the minister for relations with the

regions and for territorial cohesion, and by six members appointed

by the aforementioned Unified Conference, respectively, three of the

Representatives of the regions, one among the representatives of the provinces

And two from among the municipalities. For committee membership

parity, there is no compensation or reimbursement of expenses. I

results of the measurement referred to in paragraph 15 shall be reported to the

Chambers and to the ministers of public administration and innovation

and regulatory simplification.”

(2) in subsection (5), after the words, “administrative burdens on

On enterprises,” the following shall be inserted:” and citizens.”

(f-bis) After paragraph 3 of Article 38 of Decree-Law 25.

June 2008, No. 112, converted, with amendments, by Law 6

August 2008, No. 133, as amended, the following shall be inserted.

Following:

“3-bis. For municipalities that, by the date of September 30, 2011

provided for in Article 12, paragraph 7, of the regulations set forth in the decree

Of the President of the Republic September 7, 2010, No. 160, have not

Provided for the accreditation of the one-stop shop for activities

productive or to provide the chamber of commerce, industry,

Crafts and agriculture competent territory the elements

necessary for the purpose of its reliance on the same, pursuant to

Of Article 4, paragraphs 11 and 12, of the same regulation referred to in the

Decree of the President of the Republic No. 160 of 2010, the prefect

Sends a warning within 30 days and, after hearing the region

competent, appoints a commissioner ad acta, chosen in relation to the

specific situations, among officials of municipalities, regions or

Of the chambers of commerce, industry, handicrafts and agriculture

competent in the area, in order to adopt the necessary acts to

Ensuring that the operation of one-stop shops is fully implemented.

By decree of the Minister of Economic Development and the Minister for

regulatory simplification, after consultation with the minister of public

administration and innovation, any measures are identified.

That are essential to implement, in the national territory,

the one-stop shop and to ensure, while waiting for its implementation,

The continuity of the administrative function, including through

Partial and limited exceptions to the relevant discipline.

3-ter. In any case, in order to ensure the conduct of the

functions entrusted to the one-stop shops for productive activities, the

municipalities shall take such organizational and technical measures as are found to be

necessary.”

(f-b) in order to simplify and streamline the

Procedure for applying the sanctions referred to in paragraph 14

Of Article 83-bis of Decree Law June 25, 2008, no. 112,

converted, with amendments, by Law No. 133 of August 6, 2008, and

As amended, in paragraph 15 of the same Article 83-bis.

Of Decree Law No. 112 of 2008, converted, with amendments,

By Law No. 133 of 2008, as amended, the words:

“by the competent authority, identified by decree of the minister

Of infrastructure and transport” shall be replaced by the following:

“by the Minister of Infrastructure and Transport, according to the

modalities identified by decree of the same minister.”

(f-quater) Article 2215-bis of the Civil Code shall be amended as follows.

the following amendments:

(1) the third and fourth paragraphs are replaced by the following:

“The progressive numbering and endorsement requirements.

provided for in the provisions of the law or regulations for holding

of books, directories and records are discharged, in case of keeping with

Computer tools, by affixing, at least once

per year, time stamping and digital signature

Of the entrepreneur or other person delegated by the entrepreneur.

Where no records have been made for one year,

digital signature and time stamp must be affixed

upon re-registration, and from such affixation shall commence the

annual period referred to in the third paragraph.”

(2) the following subparagraph is added at the end:

“For books and records the keeping of which is mandatory.

By provision of law or regulation of a fiscal nature, the

term referred to in the third paragraph shall operate in accordance with the rules on

digital preservation contained in the same provisions.”

(f-fifth) to the single text of the Decree of the President

Of the Republic of December 28, 2000, No. 445, after Article 43 is.

inserted the following:

“Article 43-bis (Enterprise certification and documentation). – 1.

The one-stop shop for productive activities:

1. (a) transmit to the other government departments involved

In the proceedings, communications and documents evidencing acts,

facts, qualities, subjective states, as well as the acts of

authorization, license, concession, permit or clearance however

denominated issued by the same one-stop shop for activities

productive or acquired from other administrations or communicated

By the enterprise or enterprise agencies, including the

Quality or environmental certifications;

1. (b) send to the chamber of commerce, industry, handicrafts and

Agriculture territorially competent, for the purpose of their inclusion

in the Directory of Economic and Administrative News (REA) and to the

purpose of collection and storage in a computer file for

each enterprise, the computer duplicate of the documents referred to in the

(a).

2. Communications between the one-stop shop for activities

productive, government departments, and chambers of commerce,

industry, crafts and agriculture, enterprises and agencies for the

enterprises take place exclusively in telematic mode according to the

current provisions.

3. Administrations may not require subjects to

concerned the production of documents to be acquired under the

Paragraph 1(a).

4. In the implementation of this article, the administrations

concerned shall provide within the human, instrumental and

di sponibili financial resources under current legislation and, in any case, without

New or increased burdens on public finance.”

(f-sexies) in Decree-Law No. 7 of January 31, 2007, converted,

with amendments, by Law No. 40 of April 2, 2007, after Article

9 the following is inserted:

“Article 9-bis (Registration in the provincial register of enterprises.

artisans by single communication to the business register). –

1. For the purpose of starting business activities in accordance with the

craft qualification requirements, regulated under the

provisions in force, the person concerned shall submit a declaration

certifying that these requirements have been met through the communication

unique for the establishment of the enterprise, referred to in Article 9, according to the

technical rules identified by the decree of the President of the Council

of Ministers May 6, 2009, published in the Official Gazette no.

152 of July 3, 2009.

2. The declaration referred to in paragraph 1 determines the registration

to the provincial register of craft enterprises, where applicable, and

governed by regional legislation, with the effective date therein

provided, and the entry in the special section of the register of

enterprises. This is without prejudice to other existing provisions containing obligations

Of registration in the commercial register.

3. The regions shall regulate the procedures for assessments and

controls and for possible action in case of deficiencies in the

requirements declared, in accordance with paragraph 1, as well as the way to

The reporting of cancellations and changes to the subjects

concerned, assigning reasonable deadlines for the submission of

own deductions or to comply with legal requirements, as well as the

For the purpose of filing appeals under the provisions

vigorous.

4. Where, as a result of inspection or audit,

emerge the elements for inclusion in the management of which

To Article 3 of Act No. 463 of July 4, 1959, and Article 31

Of Act No. 88 of March 9, 1989, the determining agency shall notify

To the business registry office the elements for registration

to the provincial register of craft enterprises. The communication, where

provided for and regulated by regional legislation, determines

registration in the provincial register of craft enterprises with

effective immediately, subject to the provisions of paragraph 3 of the

this article. Variation or cancellation orders

Adopted, in accordance with the aforementioned paragraph 3, for lack of requirements

technical-professional do not affect the contribution obligation for the

period of actual operation of the business.

5. In the implementation of this article, the administrations

concerned shall provide within the human, instrumental and

financial resources available under current legislation and, in any case, without

New or increased burdens on public finance.”

(f-septies) to simplify the way of recognizing the

producer organizations and encourage access for enterprises

agricultural to markets, agricultural consortia regulated by Article 9

of Law No. 99 of July 23, 2009, may establish internally,

Subject to adjustment of the statutes, for each sector or product

Agricultural, one or more activity sections, joined by

exclusively agricultural entrepreneurs registered in the register of

enterprises referred to in Article 8 of Law No. 580 of December 29, 1993, and

subsequent amendments. The said sections, with separate managements,

can obtain recognition as producer organizations

Pursuant to Legislative Decree No. 27 of May 2005, no. 102. In such

assumptions, constraints and related controls refer to.

exclusively to the section and its member entrepreneurs;

(f-g) in order to ensure that an adequate period

Transitional allows the gradual entry into operation of the

Waste traceability control system, for subjects

referred to in Article 1, paragraph 5, of the Decree of the Minister

Of the environment and the protection of land and sea May 26

2011, published in Official Gazette No. 124 of May 30, 2011,

the relevant deadline, to be identified within sixty days from the date

of entry into force of the law converting this decree,

In the manner specified in Article 28, paragraph 2, of the regulations referred to in the

Decree of the Minister of Environment and Land Protection and

Of the sea Feb. 18, 2011, No. 52, cannot be earlier than 30

June 2012.

2-bis. For the purpose of simplifying the requirements set forth in the

Legislative Decree No. 162 of August 10, 2007, in Article 19, paragraph 6,

the following sentence is added at the end: “For acts concerning

the appointment of the investigators in charge is not exercised control

preventive referred to in Article 3, paragraph 1 (f-ter) of the

Law No. 20 of January 14, 1994.”

2-ter. In Article 5, paragraph 2, of Law No. 68 of March 12, 1999, and

as amended, the following sentence is added at the end:

“Notwithstanding the obligation to pay the contribution referred to in the

Paragraph 3 to the Regional Fund for the Employment of the Disabled, for the

Companies that employ workers engaged in work that involves

The payment of a premium rate for INAIL purposes equal to or greater than the

60 percent, the exemption procedure provided for in this article

Is replaced by a self-certification from the employer that

attests to the exclusion of the affected workers from the base of

tally.”

3. In pursuit of the goal of burden reduction

administrative defined in the European Union, with the resources

available under current legislation, the administrative authorities

independent supervisory and guarantee bodies carry out, as part of the

their own systems, the measurement of administrative burdens to

burden on businesses with the aim of reducing these burdens by the

December 31, 2012, proposing the legislative and regulatory measures

deemed appropriate to achieve this reduction.