STP Brindisi - Useful news

: 19 January 2012

Document access policy

Hereunder is the Regulations to access to STP Brindisi administrative documents.

Article 1- Subject matter and scope
1. The right of access is exercises towards STP Brindisi spa in accordance with what is laid down by the following article and limited to the public interest activities it carries out.
2. The regulations discipline the detailed arrangements for the access right exercise to the administrative documents within the frame work of existing regulations contained in the chapter V of the Law 7th August 1990 no. 241, in the article 8 of the Presidential Decree 27th June 1992 no. 352 and in the Presidential Decree 12th April 2006 no. 184, in the Law no. 196/2003, and in connection with the company’s contractual activities in compliance with the provisions of article 13 of the legislative decree 12th April 2006 no. 163, and its subsequent amendments and integrations.

Article 2- Definitions
1. For the purposes of these regulations:
a) “Company” means STP Brindisi spa;
b) "right of access” means the right of the parties concerned to examine and/or take copies of all administrative documents;
c) “procedure of access” means the procedure starting with the request for access and ending with a granting measure or a tacit rejection of access;
d) “parties concerned” mean all those eligible as indicated by the following article 3;
e) “other parties” mean all those, identified or readily identifiable by the nature of the document requested, whose right to confidentiality may be compromised by the exercise of the access;
f) “accessible document” means every document identified by the article 4;
g) "activities in the public interest” mean every significant public activity concerning the supply of the public service, its organization and management;
h) “formal access” means the access as regulated by the article 8 of these regulations;
i) “informal access” means the access as regulated by the article 7 of these regulations.
j) “procedure officer” means the manager or the official in charge as regulated by the article 9.

Article 3- Persons entitled
1. All private parties, including those stakeholders having direct, concrete and current concern, corresponding to a legally protected situation and linked to the document whose access has been requested, are entitled to exercise the right of access.

Article 4- Accessible documents
1. Every graphical, photography, cinema, radio-controlled representation or any other kind of documents’ content, also internal and not relative to a specific procedure, and concerning public interest activities, regardless the public or private nature of its substantial regulation, is accessible.

Article 5- Exclusion of the access right
1. The right of access is denied:
a) for documents subject to the state secrets in accordance with the law 24th October 1977 no. 801, and subsequent amendments, and in case of official secret or ban of disclosure expressly provided for by law, by the government regulation referred to in article 24, paragraph 6 of the law 7th August 1990 no. 241;
b) towards the company’s activity aimed at the issue of planning and project acts, without prejudice to the specific rules that discipline their development;
c) recruitment processes, towards administrative documents containing information of aptitude nature relative to third parties.
2. The right of access is also denied in case of motions aimed at a general check on the company’s actions.
3. The right of access is also denied for:
• documents concerning the company’s security;
• documents concerning the company’s investment plans;
• documents whose knowability may be damaging for the purposes of the company’s industrial and competitive interests protection;
• documents concerning the personnel’s condition, disciplinary and pay aspects;
• legal opinions;
• documents and records whose access is denied in accordance with the article 13 of the legislative decree no. 163/2006;
• confidential report by the procurement agent; • records that may damage third parties’ privacy;
• any other documents whose access is specifically denied by law.

Article 6- Detailed arrangements for the exercise of the access right
1. The right of access is exercised through examination and/or copy of the administrative documents, in the manner and under the conditions laid down in these regulations. The documents’ examination and copy release is subject to the reimbursement of expenses’ payment in compliance with the following article 14 (without prejudice to existing provisions in regards to the stamp duty, where applicable).
2. The documents access request must be substantiated. It must be addressed to the General Affairs Office by using preferably the facsimile arranged by the office itself and available in the same office and on the website (www.stpbrindisi.it).
3. The rejection, deferral and limitation of the access are admitted within the cases and limits required by the article 24 of the law 7th August 1990 no. 241, by the article 13 of the legislative decree 12th April 2006 no. 163 and by these regulations and they must be reasoned.

Article 7- Informal access
1. In the event that, depending on the nature of the document requested, there are no other parties, the right of access can be exercised in an informal way through reasoned request, even oral, to submit to the General Affairs Office, in accordance with the previous article 6.
2. The request immediate acceptance in an informal way depends, first of all, on the actual availability of the act and, secondly, it is meant as receiptable if the applicant has indicated the document reference number or rather those elements allowing its identification. There must be no doubts on the applicant’s legal status, identity, requisite power , on the interest’s existence on the basis of the information and documents provided, on the document’s accessibility. The documents requested must not involve subjective positions of third parties.
3. The request, examined immediately and without formalities, is accepted through the announcement’s indication containing news, document’s displaying, copying or rather other suitable ways.
4. The informal access request acceptance is concretised by the availability of the document to the applicant or rather by the mere indication on how to get it.
5.The procedure officer draws up the report of the activity performed in compliance with the article 9 of these regulations.

Article 8- Formal access
1. The formal access is performed upon request written by the person concerned, if the immediate acceptance of the informal request is not possible, or if doubts rise on the applicant’s entitlement, identity, requisite power, on the interest’s existence on the basis of the information and documents provided, on the document’s accessibility or on the existence of other parties.
2. The formal request must be drawn up in writing by using preferably the forms provided, annexed to these regulations and available at the General Affairs Office and on the website (www.stpbrindisi.it ). The request must contain clearly:
a) the reference number of the document object of the request to allow the identification where known or, if missing, certain reference points that could allow the identification;
b) the justification, that is the interest connected with the request’s object;
c) the identity or the requisite power.
3. Throughout the formal access procedure the request – upon Direction’s ordaining – is promptly forwarded by the receiving office to the Procedure Officer. The office in charge must issue a receipt of the access request, duly registered, to the applicant (according to the procedures ordinarily followed at STP Brindisi spa).
4. Where the request is irregular or incomplete, the office in charge, within 10 days, must give prompt notice to the applicant, through any means adequate to ascertain its receipt; a new procedure’s time limit will begin to run from the registration of the request improved. The person concerned is given notice about this deferral.
5. The access procedure must end within the 30-day deadline, in compliance with the article 25, paragraph 4, of the law 7th August no. 241, running from the request’s receipt by the company, with the adoption of a partial or utter granting, rejection or deferral measure expressed. Upon expiry of this period without any formal reply, the access has to be meant tacitly denied.
6. The granting act of the formal access request contains the indication about the office and the location where to address, as well as day and time to examine documents and get their copy. The same act will also indicate how to examine the documents, to be done in any case within office hours in the presence of the company’s personnel. In accordance with the provision by article 7, paragraph 1 of the Presidential Decree no. 184/2006, the time allowed for the documents’ access will be consistent, in any case not less than fifteen days.
7. The granting of a document access request involves also the discretion in accessing other documents referring to the original one and being part of the same procedure, without prejudice to the exceptions laid down by law and regulations.
8. The procedure officer draws up the report of the activity performed in compliance with the article 9 of these regulations.

Article 9- Procedure officer
1. The Manager of the STP Brindisi’s General Affairs Secretariat, as a procedure officer, is responsible for the implementation of these Regulations, and will take care of the legal provisions’ respect. The same person is also in charge for the adoption and signature of those documents related to the access procedure.
2. The person in charge, or a proxy, drafts adequate and reasoned report of the access occurred, both formal and informal, or of the rejection. The report must be signed by the applicant or a person appointed and the procedure officer.

Article 10- The acceptance of the request and how to access
1. The documents’ examination is carried out by the applicant at the office indicated, or rather by the person in charge, with the possible company of another person, whose personal details must be recorded into the access report. The person concerned can take notes and copy the documents examined in whole or in part .
2. Without prejudice, in any case, to the criminal law application, copying documents through any means, taking them away from the place where they are examined, making marks onto them or adulterate them in any way is strictly banned.
3. The document’s copy is issued against the payment of an amount as set out in art. 14 of these regulations.

Article 11- Access by electronic means
1. The company ensures, where possible, that the right of access can be exercised also by electronic means. The procedures for sending the requests and the related signatures are disciplined by the art. 38 of the Presidential Decree 28th December 2000 no. 445 and subsequent amendments, by the articles 4 and 5 of the Presidential Decree 11th February 2005 no. 68 and by the legislative decree 7th March 2005 no. 82 and subsequent amendments.

Article 12- Timeframes and deferral
1.The deferral of the access is arranged when necessary to ensure a temporary protection of the interests provided for in article 5 of these regulations, or to protect the company’s specific needs, especially during the preparatory phase of the measures, in connection with those documents whose knowability may compromise the smooth running of the administrative action.
2. The right of access is also differed in those cases referred to in article 13, paragraph 2, of the legislative decree 12th April 2006 no. 163.
3. The act ordering the access deferral indicates its duration.

Article 13- Notification to the other parties
1. Without prejudice to the provisions of article 13 of the Presidential Decree 12th April 2006 no. 184, the office in charge, if it identifies other parties referred to in article 2, paragraph 1, point e), of these regulations, must give them notice, through the shipping of the access request copy by registered mail, or by electronic means, where it has allowed this communication means. The third parties are identified also on the basis of the related documents’ content.
2. Within ten days following the communication receipt referred to in paragraph 1, the third parties can submit a reasoned opposition, also through electronic means, to the access request. Upon expiry of this period, STP Brindisi spa treats the request once the communication receipt has been verified, referred to in paragraph 1.

Article 14- Organisational measures
1. The following organizational measures are taken in compliance with the art. 22 of the Law 7th August 1990 no. 241 for the implementation of these Regulations:
a) pre-printed forms for the exercise of the access right are available in the General Affairs Office and on the website www.stpbrindisi.it;
b) the single piece tariff to pay for the issue of a copy for each sheet of the documents requested within the access procedure is set at € 1,00. The reproduction cost is increased by the higher costs shouldered by the company for the copy of administrative documents, plans or other documents whose dimensions fall outside the usual formats.
c) Also search costs and any charges incurred for the notification to other parties will be shouldered by the applicant.

Article 15- Transitional and final provisions
1. This regulations shall enter into force on the thirtieth day following that of its approval, resulting from the deliberation of the Directors Board/Competent Body and is meant as modified by legislative interventions following the date of approval.

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