DECRETO LEGISLATIVO 31 marzo 2023, n. 36 Codice dei contratti pubblici in attuazione dell’articolo 1 della legge 21 giugno 2022, n. 78, recante delega al Governo in materia di contratti pubblici (Legislative decree No. 36 of 31 March 2023 Public Contracts Code in implementation of Article 1 of Law No. 78 of 21 June 2022, delegating the Government in the field of public contracts)

The legislative document provides comprehensive guidelines and regulations concerning public contracts and their impact on cultural heritage. The primary purpose is to ensure that public procurement processes are transparent, efficient, and protective of Italy’s rich cultural heritage. The legislation outlines specific requirements for the planning, execution, and monitoring of public works, with a strong emphasis on preserving and enhancing cultural assets.
A key theme of the document is the integration of heritage preservation into the public contracting process. This includes the preliminary maintenance plans for works, geotechnical and structural monitoring, and environmental monitoring plans. The legislation stipulates that all projects subject to Environmental Impact Assessments (EIA) must have detailed monitoring and maintenance strategies to safeguard heritage sites.
The legislation emphasises the importance of a thorough preliminary design phase. This phase includes a general report detailing the justification for the intervention, performance levels to be achieved, and specific technical requirements. The report also covers a descriptive and graphic summary of alternative project solutions, ensuring that the chosen project aligns with the cultural and environmental goals outlined by the commissioning entity.
One significant finding is the requirement for a descriptive and performance-oriented specification, which must outline functional needs, specific project performance requirements, and financial constraints. This specification ensures that all projects meet the cultural and heritage preservation criteria set forth by the relevant authorities.
Additionally, the legislation mandates the creation of a safety and coordination plan within the technical and economic feasibility project. This plan addresses health and safety measures, risk assessments, and preventive actions to protect workers and the environment, including heritage sites potentially affected by construction activities.
In conclusion, this legislation underscores the vital role of heritage preservation in public contracting. By integrating detailed planning, rigorous monitoring, and comprehensive safety measures, the document ensures that public works contribute to the protection and enhancement of Italy’s cultural heritage. This approach not only safeguards historical assets but also promotes sustainable development practices in public procurement.

Category
Heritage Preservation
Source
NORMATTIVA il portale della legge vigente
Author(s)
Language
Italian
Geography
Italy
Keywords
Public contracts, Transparency, Integration, Public Procurement, Monitoring, Environmental Impact Assessment, Protection of Monuments, Cultural Heritage Preservation
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