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Italy

State-business nexus

[page 21]

… Italy fully adheres to the principles of enforcement of socially responsible procurement and is engaged in ensuring that the respect for human rights is taken into consideration in all procurement stages. The Italian Anti-Corruption Authority (A.N.AC.) supervises and regulates the entire public procurement market in order to ensure compliance with: i) the principles of legitimacy and transparency; ii) the effective performance of contracts; iii) anti-corruption rules. In this regard A.N.AC. and the Italian Competition Authority signed a MoU in December 2014 to establish new criteria for the assignment of the legality rating to companies. In its procurement guidelines, A.N.AC. advises the contracting authorities to include the legality rating among the criteria used to select the most economically advantageous offer.

Italy has adopted the Legislative decree 19 April 2016, n.50, implementing the EU Directives, introducing a framework of a “socially responsible public procurement policy” and reputational requirements in public procurement awarding. With regard to companies directly or indirectly owned by the State, and following a joint effort with the Minister of Economy and Finance, in 2015 A.N.AC. issued guidelines on: i) public disclosure of corporate decision-making processes on the rotation of managers and executives; ii) establishment of new conflict of interest rules; iii) definition of risk areas and protection of whistle-blowers; iv) respect of the rights of workers involved …

Planned measures

[page 22]

  • Strengthen the implementation of socially responsible public procurement rules by adopting a comprehensive framework of reference for bidders coordinated by A.N.AC and covering: anticorruption, non-financial disclosure, supply chain, environment, labour, equal opportunities and non-discrimination.

Italy’s Updated NAP

B. OPERATIONAL PRINCIPLES

(page 21-22)

[continues from the previous NAP text]

In this regard, the definition of social criteria in all the stages of the procurement stations is made according the “Minimum Environmental Criteria” (CAMs), which have been adopted with Decree of the Ministry pf Environment within the frame of the “Public Consumption Sustainability Action Plan (PAN GPP)” approved with Decree of the Ministry of Environment in cooperation with the Ministers of the Economy, Finance and Economic Development in line with article 1, comma 1126 of Law no. 296/2006 and where CAMs involve products from categories which may be at risk of human rights violation.

The partial revision of the aforementioned Plan was aimed at strengthen the task of pursuing social protection and ethic goals with particular focus to human rights protection and the right to decent work in the supply chain.

The traceability of the supply chain established following the investigation on products according to the Minimum Environmental Criteria which procurement stations are obliged to include in the all project documentation in line with article 34 of the new Public Procurement Code (Legislative Decree n. 50/2016), may be used also to verify the respect of specific rights related to workers, their wages and other aspects on safety and working conditions also in the supply chain.

Besides the “Guida per l’integrazione degli aspetti sociali negli appalti pubblici” (adopted with Ministerial Decree of 6 June 2012) which gives indications to include social criteria in the contractual activities of public administrations by referring to minimum human rights standard and working conditions (ILO Conventions) in the supply chain of public procurement, specific indications on human rights due diligence have been integrated within the Minimum Environmental Criteria such as those defined with regard to textile products and adopted with Ministerial Decree of 11 January 2017.

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