Municipalities and the new regulation: timeframe and methods of implementation

The regulation identifies timeframes and methods for municipalities to adapt to the new regulatory provisions. It also defines the role of the Chambers of Commerce and of the electronic web portal www.mpresainungiono.gov.it, according to the methods laid down in the Technical Annex to the Regulation itself.

Edited by ANCI

Article 4 of the Regulation identifies the timeframe and methods for the adaptation by the municipalities to the new regulatory provisions, as follows:

• the office responsible for the SUAP and the relative person in charge are identified according to the forms provided for by the internal regulations of the individual municipalities or by the agreements signed in the case of associations. Pending the identification of the person in charge, the role is taken by the municipal secretary (Article 4, paragraph 4).
• Municipalities may perform the functions relating to the SUAP individually or in association with each other, or in agreement with the Chambers of Commerce (Article 4, paragraph 5).
• unless otherwise provided for and without prejudice to the uniqueness of the electronic communication channel with businesses by the SUAP, the powers of the One-Stop Shop for productive construction businesses are attributed to the SUAP (Article 4 paragraph 6).
• applications, declarations, notifications, acts and related annexes are prepared in electronic format and transmitted in accordance with the provisions of the technical annex to the Regulation (art. 2 paragraph 2).
• within 120 days from the date of publication in the Official Journal of this Regulation the Municipalities certify, according to the methods provided for in art. 4 para. 2 of the Technical Annex to the Regulation referred to in Art. 12 paragraph 5, the compliance with the requirements by the relevant SUAPs referred to in art. 38, par. 3, lett. a (Suap as single point of access) and lett. a-bis (connection with the Business Register) of Decree-Law 112 and art. 2 paragraph 2 of the Regulation (electronic transmission of procedures), to the Ministry of Economic Development, which is responsible for publishing the list of SUAP on the Web Portal (Art. 4 paragraph 10). For details on these minimum technical requirements, see the SUAP accreditation section at impresainungiorno.gov.it.
• the list may subsequently be supplemented at the request of the municipalities whose SUAPs have met the requirements referred to in art. 38 paragraph 3(a) and (a-bis) of Decree-Law 112 and Art. 2 paragraph 2 of the Regulation (art. 4 paragraph 10).
• in the event that, 120 days after the entry into force of the Regulation, the Municipality has not established the SUAP or the SUAP does not meet the above-mentioned requirements, the exercise of the relative functions is delegated, without prejudice to the substantial competencies of the Municipality, even in the absence of measures to be taken, to the competent Chamber of Commerce (art. 4 paragraph 11) in the manner provided for in the technical annex to the Regulation, which, through the Web Portal, will provide for the electronic management of the procedures, including the phases of receipt of applications, disclosure of information, activation of compliance management, issuance of receipts to the interested party and payment of fees and taxes (art. 4 paragraph 12).