CONAI opened the process for the selection of the monitoring trustee, provided by the Commitments pursuant to the deliberation made by AGCM, the Italian Antitrust Authority, on September 3, 2015.
A. SELECTION OF THE MONITORING TRUSTEE
Art. 221, paragraph 5, Legislative Decree April 3, 2006, No. 152 gives CONAI the task to provide the Ministry for the environment and protection of land and sea (MATTM) with the “evaluation criteria” related to independent systems for managing packaging waste as pursuant to Art. 221, paragraph 3, letter a) and c), of the same Decree in administrative proceedings within the jurisdiction of MATTM aimed at their possible recognition.
By virtue of the Commitments undertaken with AGCM, CONAI intends to select a monitoring trustee, subject to approval by AGCM, and entrust it with a three-year assignment related to the following activities in the field of packaging as well as secondary and tertiary plastic packaging waste:
- designate any evaluation criteria pursuant to art. 221, section 5, Legislative Decree No. 152/2006 that are requested by MATTM, or according to guidelines provided in Commitment 1 (Guidelines_Comm_1) in case of non-specific request from the Ministry;
- quantify the contribution, if required by MATTM, that the independent system is required to pay to CONAI for its own packaging related to separate waste collection in accordance with the procedure referred to in Commitment 2 (Guidelines_Comm_2), if CONAI and the stand-alone approved system have not reached an appropriate agreement, with regard to this point;
- check the current achievements, by P.A.R.I. system, about recovery and recycling targets under art. 220 of Legislative Decree No. 152/2006, if CONAI and Aliplast S.p.A. have entered into a settlement agreement.
B. WHO CAN PARTICIPATE IN THE SELECTION PROCEDURE
The selection procedure is open to persons in possession of the following requirements, which have to be appropriately documented:
- high professional qualification requirements:
- research institutions (public or private) including universities;
- consulting and auditing companies entered in the appropriate registry pursuant to art. 6 of Legislative Decree January 27, 2010, No. 39;
- certification bodies accredited by the Italian Authority for accreditation or equivalent foreign bodies;
- other individuals with outstanding professional qualification, experience in this domain, independence and lack of conflicts of interest;
- have a working group, included in its organizational structure, devoted to the assignment, this group consisting of a minimum number of three persons, and among them at least one person with the highest level of expertise and at least two persons with an intermediate level of expertise;
- experience requirements in the sector:
be in charge, in the last five years, for the supply of, at least, one advices supply task or other professional or research activities in the environmental sector;
- independence requirements and lack of conflicts of interests:
in the past three years: i) not having provided expertise or other professional or research services in the interests of CONAI or Corepla or other stand-alone Systems operating in the plastics industry; ii) not having entertained with these aforementioned entities other direct or indirect relations including, but not limited to, finance, business, or work, by which a third party who is informed, objective and reasonable, would conclude that the monitoring trustee’s independence is compromised.
C. CONTENT AND PRESENTATION OF THE APPLICATION FORM FOR THE PARTICIPATION IN THE SELECTION PROCEDURE
The participation form for the selection process of the monitoring trustee, which can also be directly required by CONAI, without this implying any constraints in the assessment, must be received by day October 31, 2015:
- in a sealed envelope by registered letter with acknowledgement of receipt to the following address: CONAI, “Area Affari Legali e Generali”, via Pompeo Litta, No. 5, 20122 Milan. The envelope must bear information on the outside about the sender and the words “Procedura di selezione del monitoring trustee” (“Monitoring trustee selection procedure”);
- or via PEC (Italian certified e-mail) at the following address firstname.lastname@example.org with “Procedura di selezione del monitoring trustee” in the heading of the e-mail.
The application form must contain:
- the Declaration by which the participant attests:
- that no judgment which has become res judicata has been pronounced against him/her, that no unappealable penal order has been issued against him/her and that no judgment imposing the penalty requested by the parties concerning offences committed with criminal intent has been pronounced against him/her;
- to meet the professional qualification requirements for the selection of the monitoring trustee;
- having performed in the past five years at least one advisory assignment or other professional or research tasks related to the environmental sector, indicating in respect of each year, the object, the amount and the client for the assignment;
- to meet the requirements of independence and lack of conflict of interests required for the selection of the monitoring trustee.
For a participant other than a natural person, part of the Declaration referred to in point (i) is related to the members of its governing body, as well as to stakeholders or to the members of the governing body of any parent entity;
- the documentation certifying possession of the requirements in the declaration;
- a technical report describing the organizational structure and the staff that would be used to perform the task;
- the financial bid containing the total remuneration offered for the task.
The application form, the declarations and the aforementioned financial bid must be signed by the parties in the original copy, or by the legal representatives of the parties other than natural persons or their attorney.
The documentation must be accompanied by a photocopy of a valid identity card belonging to the declaring party, indicating the position in the case of legal representative. With endorsement by legal representatives, documentation has to include a copy of the power of attorney.
The documentation must be written in Italian or, if written in a foreign language, must be accompanied by a translation into Italian.
D. FINANCIAL BID
The overall financial bid, corresponding to the value of the consideration for the assignment, VAT, social security charges and any other costs and expenses related to the execution thereof, should be divided into two parts:
- a fixed fee for the commitment to carry out the activities mentioned in point A;
- a variable fee, payable only in the case of carrying out a specific task entrusted during the reference period with respect to each independent System.
E. FINALIZATION OF ENTRUSTING ASSIGNMENT CONTRACT
Each Party participating in the procedure is bound by his/her offer until December 31, 2015 and within that day, subject to approval by AGCM, the contract with the monitoring trustee selected by CONAI shall be in force.
Finalization of the contract shall be subject to prior assessment, by CONAI, on actual possession, by the participating Party, of the requirements for the selection process.
The contract provides, in any case:
- a clause producing automatic expiration of the monitoring trustee’s position without charges for CONAI when the participant no longer fulfils the requirements included in chapter B or if it is proved that during the performing of a specific entrusted task related to each independent system, the monitoring trustee has performed tasks in the interests of the concerned system or of a person who controls this system or a person associated with it, which may prejudice his/her independence or lack of conflicts of interests pursuant to chapter B, No. 3, above.
- a clause that establishes: i) an obligation to review the mandate, even in economic terms, if the event of changes to legislation regarding recognition of independent systems that are relevant for the implementation of the commitments referred to in resolution AGCM of September 3, 2015; ii) in the absence of agreement about the review, the termination of the mandate without any charges for CONAI.
Personal data and information, even commercial one, collected as part of the selection procedure are treated in accordance with Legislative Decree June 30, 2003, No. 196.