CAT/OP/ITA/1/Add.1
requests for international protection; identification of potential candidates for relocation
procedure.
15.
By Legislative Decree No. 142/2015 (published in the Official Bulletin, on
09.15.2015), Italy has implemented Directive 2013/33/EU, on standards for the reception of
applicants for international protection ("recasting" Directive 2003/9/EC), and Directive
2013/32/EU on common procedures for granting and withdrawing international protection
status ("recasting" Directive 2005/85/EC) - thus completing the transposition of the main
provisions of the common European system of Asylum.
16.
Legislative Decree No. 142/2015 contains in: Chapter I (Arts. 1-24), the new rules
on reception (it repeals Legislative Decree No. 140/2005, except for financial coverage
provided for by Article 13 of the latter); Chapter II (Arts. 25 and 26) introduces changes to
Legislative Decree No. 25/2008, which thus remains in force, though partially modified;
Article 27 introduces changes to Article 19 of Legislative Decree No.150/2011
(http://europa.eu/rapid/press-release_IP-15-5596_it.htm).
17.
Within this framework, mention has to be made of the Agreement (Intesa) at the
State-Regions Conference, dated 10 July 2014, which establishes and has made operational
a relevant integrated strategy between different levels of the national and local Government,
besides approving the first National Plan to deal with the extraordinary flow of Non-EU
citizens, adults, families and unaccompanied minors. This Agreement (Intesa), to be
considered as a policy reference document, has been expressly confirmed in the Legislative
Decree No. 142/2015.
18.
Article 8 of Legislative Decree No. 142/15 stipulates that the Italian reception
System for international protection applicants is based on cooperation between the various
levels of Government concerned, in accordance with national and regional coordination
forms referred to under the following Article 16, which establishes and defines the powers
and functioning of both relevant national and regional working groups.
19.
Article 16 provides for the national and regional coordination working modalities.
The national working group (also known as the National Coordination Committee) is set up
within the Ministry of the Interior (See Article 29 of Legislative Decree No. 251/2007, as
amended), with the aim, among other things, to improving the reception system of
international protection. This WG is tasked with drafting the National Plan for the reception
and identification of the reception capacity/availability at the regional level and the relating
distribution - to be later determined in consultation with the above Conference (Conferenza
Unificata).
20.
In terms of governance, at the territorial level, there are regional WGs established at
the main local Prefectures, with the task of implementing the plans elaborated by the above
national WG.
- The National Plan identifies the need for places to be allocated for reception
purposes, based on the estimated arrivals in a given period of time.
- The regional WG identifies the criteria for the distribution of migrants within a
given Region, besides identifying the facilities of first reception, as well as extraordinary
ones.
- The composition and working modalities of both the national and regional WGs
are determined by decree of the Minister of Interior.
21.
To sum up, Article 8, para.2 indicates the facilities for rescue and first assistance.
Article 9 defines the measures for the first reception; Article 14 confirms the role of the
SPRAR system (standing for, the System of protection of asylum-seekers and refugees) as
the only system for the so-called second level of reception. Article 11 identifies the
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