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Certification of Execution of Works

CERTIFICATION OF WORK PERFORMED BY ITALIAN COMPANIES ABROAD (CEL)

INSTRUCTIONS FOR COMPANIES AND TRUSTED TECHNICIANS FOR THE IMPLEMENTATION OF ART. 84 OF D.P.R. 5 OCTOBER 2010, NO. 207

On 8 June 2011, the Decree of the President of the Republic of 5 October 2010, n. 207, whose art. 84, in particular, provides on the qualification of Italian companies for the recruitment of public works, with particular reference to the certification of works performed abroad.
The new legislative department innovates the way data is entered in the computerised database of public contracts, managed by the Authority for the Supervision of Public Contracts (AVCP) for which both the consular offices abroad and the central structure of the EAW are involved.

Procedural activities of consular offices abroad

1. The Consulate shall accredit one or more professionals for the issuance of certificates of work carried out abroad, and shall publish them on its website.
2. – The undertaking shall inform the consulate responsible for the territory of the need to certify a work carried out abroad. If the company 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 Office shall communicate to the company the list of accredited professionals. Where there are no trusted technicians in the consular district where the work was carried out, it is possible for the company to rely on trusted technicians accredited to consular districts or countries adjacent to the one where the work was carried out.
4. – The trusted technician – chosen independently by the company from the list provided by the Office, after verification of the incompatibility conditions – produces a certificate conforming to the simplified Model B. The certificate is delivered to the Office in electronic and paper format dated, stamped and signed by the professional and accompanied by self-certification about the absence of incompatibility conditions.
5. Where necessary, the certificate conforming to the simplified Model B shall be duly legalised and complete with a certified translation issued by the Consular Office or carried out 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 forwards the data to the central structure of the EAW.

Cost of the service provided by the Offices abroad
The applicant company is required to pay the fixed service, for the data entry only, in € 100,00 for a certificate consisting of a maximum of 8 pages, and € 10,00 for each extra page. This amount shall be reviewed every two years.
The amount is paid directly to the Office concerned by bank transfer, as a consideration of “service to companies for CEL”.
To receive information on how to make the transfer and on the data relating to the current account, please write to: ambasciata.baku@esteri.it

Procedural activities of the central structure of the EAW
With the validation of the data entered by the Foreign Office, the central structure of the Ministry provides for the inclusion of the certificate in the IT file referred to in Article 8 of DPR 207/2010.

The trusted technician

Regulatory reference
Pursuant to art. 84, paragraph 2, of d.p.r. n. 207/2010, “the certification is issued, at the request of the person concerned, by a trusted technician of the consulate or the Ministry of Foreign Affairs”.

Nature of the fiduciary relationship
“Trusted technician” means a professional who fulfils the necessary requirements to properly fulfill the mandate required by Italian law. The “trust” consists therefore in the verification that the professional requirements of the technician correspond to the indications expressed from the norm. The Consular Office shall inform the professionals concerned of the civil and criminal consequences of false claims.

Accreditation of technicians
To obtain accreditation the technician must:
a) have the legal requirements to issue the certification, requirements that are generally realized in the registration with the corresponding professional order (engineers, architects, Industrial Experts, Surveyors, Geologists limited to their field of competence);
b) for local professionals, have the technical-professional requirements that, according to the law of the State in which the work was carried out, are necessary to certify the same; for Italian professionals, the requirement a) (Registration to the order) includes requirement b) (technical capacity);
c) know Italian legislation. In particular, the Code of Contracts (Legislative Decree no. 163 of 12 April 2006) and its Implementing Regulation (Decree of the President of the Republic of 5 October 2010, n. 207).

As regards the accreditation of the trusted technician, it should be specified that:
– Requirement a) may be included in sub b) and fully absorbed;
– the requirement c) is self-certifiable by the interested party in the manner and prescriptions referred to in art. 3, d.p.r. 28/12/2000, n. 445;
– it is always possible to accredit Italian technicians, duly registered with the competent Professional Association, in which case the fulfilment of the above requirements is implicitly achieved.

The consular office shall keep the list of accredited professionals with the deposit of the stamp and signature for verification at the time of delivery of the certificate by the Company.

Compatibility and verification
The technician issuing the certificate may not be:
1) Employee in any capacity of any of the Italian and local companies mentioned in the certificate; any past relationships must have ceased at least three years from the date of issue of the certificate;
2) Holder in any capacity, personally or as company representative, of a contractual relationship with any of the Italian and local companies mentioned in the certificate, with the exception of the contracts for the issue of the certificates in question; any past relationship must have ceased at least three years after the date of issue of the certificate;
3) Holder of legal positions of any kind at subsidiaries or affiliates with any of the Italian and local companies mentioned in the certificate; any past relationships must have ceased at least three years from the date of issue of the certificate;
4) Joint until the third degree with any of the legal representatives of any of the Italian and local companies mentioned in the certificate.
The above circumstances shall be self-certified by the trader attached to each certificate.
Upon accreditation of the trusted technician, the Consular Office verifies with the competent local authorities (professional associations, University) the authenticity of the requirements produced according to the local standard (degree, qualification, registration to the order). If not, in addition to refusing accreditation, the competent judicial and professional authorities shall be notified.
Where the registered professional manifests a manifest lack of knowledge of the rule in question, or where it appears that he has issued false or incorrect certificates, or that he is affected by conditions of incompatibility, the same is immediately deleted from the list of accredited technicians; at the same time it is communicated to the competent Italian and local judicial and professional authorities.

Compiti del tecnico di fiducia
Il tecnico di fiducia deve compilare il modello B semplificato predisposto dall’AVCP compilato in tutti i suoi campi, ove esistenti, sulla base delle informazioni desunte dall’ispezione dell’opera eseguita e dall’esame dei documenti contrattuali e contabili dei lavori. In particolare, al tecnico di fiducia compete l’individuazione, per l’opera da certificare, delle categorie e classi di lavori con riferimento al DPR 207/2010 art. 61 e Allegato A; il modulo così compilato deve essere consegnato all’impresa richiedente e all’Ufficio consolare in formato elettronico e cartaceo datato, firmato e timbrato con gli estremi dell’iscrizione all’ordine professionale di appartenenza con allegata l’autocertificazione di insussistenza delle condizioni di incompatibilità.
Si sottolinea che la certificazione in parola non costituisce, sotto alcun profilo tecnico o giuridico, documento sostitutivo del Certificato di collaudo statico né tecnico amministrativo. Se esiste un certificato di collaudo è acquisito agli atti del certificatore.

Onorario del tecnico di fiducia
L’onorario del tecnico di fiducia della Sede è concordato direttamente tra il professionista e l’impresa richiedente.

Il tecnico di fiducia del Ministero degli esteri
L’elenco dei tecnici di fiducia del Ministero degli esteri è comunicato a tutte le Sedi consolari, che provvedono ad aggiungerli al proprio elenco di soggetti abilitati all’emissione delle certificazioni. Il reclutamento dei tecnici di fiducia del Ministero degli esteri da parte delle Imprese per l’emissione dei certificati avviene con le stesse modalità dei tecnici di fiducia delle Sedi, essendo unico l’elenco dei soggetti abilitati per ciascuna Sede. Nel caso in cui il modello B semplificato sia compilato da un tecnico di fiducia del Ministero, il medesimo provvederà altresì direttamente all’inserimento del certificato nel casellario informatico di cui all’articolo 8 del DPR 207/2010.
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Regulatory appendix

D.P.R. 5 October 2010, n. 207 – Regulation to the Code of public contracts
Art. 84 – Criteria for assessment and evaluation of work carried out abroad (Art. 23, d.p.r. n. 34/2000)

1. For work carried out abroad by companies with registered office in Italy, the applicant shall produce to SOA the certificate of execution of the work, accompanied by a copy of the contract, any document proving the work performed and, where issued, the certificate of acceptance.
2. The certification shall be issued, at the request of the person concerned, by a trusted technician of the consulate or the Ministry of Foreign Affairs, at the expense of the person concerned, who shall record the work carried out in accordance with the various categories, their amount, the time taken to complete them, useful information on the incidence of subcontracting in each category and a statement that the work has been carried out regularly and successfully. The relevant amounts shall be entered in the certificate with the particulars necessary for the complete identification of the subcontracting undertaking, the period of execution and the category of works performed. The certification is issued according to simplified models, identified by the Authority, after consulting the Ministry of Foreign Affairs for the aspects of competence and is subject, where necessary, to legalization by the Italian consular authorities abroad.

3. For works subcontracted to Italian companies only, the subcontractors may, for the purposes of obtaining the qualification, use the certificate issued to the Italian executor pursuant to paragraph 2 and, if not requested by the executor, the certificate may be requested directly by the subcontractor in accordance with the above paragraph.
4. The certification shall be produced in Italian or, if in a language other than Italian, be accompanied by a certified translation in Italian issued by the diplomatic mission or consular post or a translation into Italian by an official translator. The Italian consulate abroad, once it has obtained the certification, shall transmit it to the competent central structure of the Ministry of Foreign Affairs, which shall insert it in the electronic records referred to in Article 8, in accordance with the rules laid down by the Authority in accordance with the simplified models mentioned above.
5. If the person concerned has completed the work and no longer has his or her own representation in the executing country or if the representation is unable to perform its duties in full due to obvious difficulties in the same country, may refer to the relevant structure of the Ministry of Foreign Affairs.

Art. 3, d.p.r. n. 445/2000
1. The provisions of this single text apply to Italian and European Union citizens, legal persons, partnerships, public administrations and entities, associations and committees having their registered office in Italy or in one of the countries of the European Union.
2. Nationals of States outside the Union who are legally resident in Italy may use the replacement declarations provided for in Articles 46 and 47 only in respect of States, personal qualities and facts certifiable or certifiable by Italian public entities, without prejudice to the special provisions contained in the laws and regulations concerning the regulation of immigration and the status of the foreigner.
3. Except in the cases referred to in paragraph 2, nationals of States not belonging to the Union authorised to reside in the territory of the State may use the replacement declarations provided for in Articles 46 and 47 in cases where their production takes place in application of international conventions between theItaly and the declarant’s country of origin.
4. Apart from the cases referred to in paragraphs 2 and 3, the states, personal qualities and facts shall be documented by certificates or attestations issued by the competent authority of the foreign State, accompanied by an Italian translation authenticated by the Italian consular authority certifying that it is in conformity with the original, after warning the person concerned of the criminal consequences of the production of untruthful documents or documents.