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Certification for work execution performed abroad by Italian enterprises (CEL)

The Certification of Works Executed Abroad by Italian Companies (Certificazione Esecuzione Lavori – CEL) envisaged by Art. 84 of Italian Presidential Decree 207/2010, is a service for the business community, the purpose of which is to certify the capacities and qualifications of companies, enabling them to expand their sphere of operation and award public contracts.

 

Instructions for companies and trusted technicians

 

Procedural activities by the consular office of the Embassy of Italy

  1. The Consulate grants accreditation to one or more professionals for the issuance of certificates for works carried out abroad, and advertises this on its website.
  2. The company notifies the competent Consulate of its need to certify a work carried out abroad. If the company submits the request to a Consulate other than the one in whose district the work was performed, it will be redirected to the competent Consulate.
  3. The Consulate communicates the list of accredited professionals to the company. If there are no trusted technicians in the consular district where the work has been carried out, the company may rely on trusted technicians accredited in consular districts or countries neighbouring the one where the work has been carried out.
  4. The trusted technician – chosen independently by the company from among those indicated in the list provided by the Consulate, after verification of the conditions of incompatibility – shall produce a certificate in accordance with simplified Form B. The certificate is delivered to the Consulate in electronic and paper format dated, stamped and signed by the professional and accompanied by self-certification of the non-existence of the conditions of incompatibility.
  5. Where necessary, the certificate in conformity with simplified Form B is duly legalised and complete with a certified translation issued by the Consular Office, or made by an official translator.
  6. The Consular Office verifies that the stamp and signature on the certificate correspond to one of the accredited technicians, then transmits the data to the central structure of the Italian MoFA.

 

Service charges

The company applying for the service shall pay the service fee, which is set at €100.00 for a certificate consisting of a maximum of 8 pages, and €10.00 for each additional page. This amount is subject to review every two years.

The amount shall be paid directly to the office concerned by bank transfer, as payment for “Servizio alle imprese per CEL“, made out to the following bank account:

AMBASCIATA D’ITALIA ADDIS ABEBA
IBAN: IT33H0100503200000000098385
BNL – ROMA

 

Procedural activities by the Italian Ministry of Foreign Affairs

With the validation of the data entered by the foreign office, the central structure of the Italian MoFA provides for the entry of the certificate in the computerised register referred to in Article 8 of Italian Presidential Decree 207/2010.

 

The trusted technician

 

Regulatory references

Pursuant to Article 84(2) of Italian Presidential Decree No. 207/2010, “the certification is issued, at the request of the interested party, by a trusted technician of the Consulate or the Italian Ministry of Foreign Affairs”.

 

Character of the fiduciary relationship

A “trusted technician” is defined as a professional in possession of the requisites necessary to correctly fulfil the mandate required by Italian law. The “trust” therefore consists of verifying that the professional requirements of the technician correspond to the indications expressed by the regulations. The Consular Office informs the professionals concerned of the civil and criminal consequences for false attestations.

 

Accreditation of technicians

To obtain accreditation, the technician must:

  1. possess the legal requirements to issue the certification, requirements that generally take the form of registration with the corresponding professional order (engineers or architects);
  2. possess the technical-professional requisites that, according to the system of the State where the work is carried out, are necessary to certify the work;
  3. be familiar with the Italian regulations. In particular, the Contracts Code (Italian Legislative Decree no. 163 of 12 April 2006) and its Implementing Regulation (Italian Presidential Decree no. 207 of 5 October 2010)

With regard to the accreditation of the trusted technician, it should be specified that

  1. requirement sub a) may well include requirement sub b), absorbing it entirely;
  2. requirement sub c) is self-certifiable by the interested party in accordance with the procedures and prescriptions of Article 3, Italian Presidential Decree no. 445 of 28/12/2000;
  3. it is always possible to accredit Italian technicians who are duly registered with the competent Professional Order, in which case possession of the above-mentioned requirements is implicitly fulfilled.

The Consular Office shall keep the list of accredited professionals with the deposit of the stamp and signature for verification upon delivery of the certificate by the Company.

 

Compatibility and verifications

The technician issuing the certificate shall not be:

  1. Employee in any capacity whatsoever of any of the Italian and local companies mentioned in the certificate; any past relationship must have ceased at least three years before the date of issue of the certificate;
  2. the holder in any capacity, personally or as company representative, of a contractual relationship with any of the Italian and local companies mentioned in the certificate, with the exception of contracts for the issue of the certificates in question; any past relationship must have ceased at least three years before the date of issue of the certificate;
  3. Holder of legal offices of any nature in any subsidiary or associated company with any of the Italian and local companies mentioned in the certificate; any past relations must have ceased at least three years before the date of issue of the certificate;
  4. Joint to the third degree with any of the legal representatives of any of the Italian and local companies mentioned in the certificate.

The above circumstances are self-certified by the professional in an annex to each certificate.

When accrediting the professional, the consular office verifies with the competent local bodies (professional orders, universities) the authenticity of the requirements produced according to the local standard (degree, qualification, registration with the order). If this is not the case, in addition to refusing accreditation, the competent judicial and professional authorities are notified.
Should the registered professional manifest blatant disregard of the rule in question, or should he be found to have issued false or inaccurate certifications, or should he be found to be affected by conditions of incompatibility, he shall immediately be removed ex officio from the list of accredited technicians; at the same time the competent Italian and local judicial and professional authorities shall be notified.

 

Duties of the trusted technician

The trusted technician must fill in the simplified form B prepared by the AVCP filled in all its fields, if any, on the basis of the information deduced from the inspection of the work carried out and from the examination of the contractual and accounting documents of the works. In particular, the trustworthy technician is responsible for identifying, for the work to be certified, the categories and classes of works with reference to Presidential Decree no. 207/2010 art. 61 and Annex A; the form thus completed must be delivered to the requesting company and to the Consular Office in electronic and hard copy format dated, signed and stamped with the details of the registration with the professional association to which it belongs with the attached self-certification of the non-existence of conditions of incompatibility.
Please note that the certification in question does not constitute, from a technical or legal point of view, a substitute document for the static or technical-administrative inspection certificate. If a test certificate exists, it is acquired in the records of the certifier.

 

Fees of the trusted technician

The fee for the trusted technician of the Consulate is agreed directly between the professional and the applicant company.

 

The trusted technicians of the Italian Ministry of Foreign Affairs and International Cooperation

The list of trusted technicians of the Italian Ministry of Foreign Affairs and International Cooperation is communicated to all Consular Offices, which add them to their own list of subjects authorised to issue certificates. The recruitment of trusted technicians of the Ministry of Foreign Affairs by companies for the issuance of certificates is carried out in the same way as for the trusted technicians of the Consular Offices, since the list of authorised parties for each Consular Office is unique. In the event that the simplified Form B is filled in by a trusted technician of the Italian MoFA, the same will also directly provide for the inclusion of the certificate in the digital register pursuant to Article 8 of Italian Presidential Decree 207/2010.

 

Annexes (only available in Italian)

 

Forms for trusted technicians

  • Notice of the establishment of the list of trusted technicians of the Consular Office
  • Annex 2A – Application Form for Inclusion in the List of trusted technitians of the Consular Office and Declaration of Incompatibility Conditions
  • Annex 2B – Application form for removal from the list of trusted technitians of the Consular Office
  • Annex 4B – Sample of the Certificate of Execution of Works (CEL) Transmission Note
  • Annex 4C – Declaration of non-existence of incompatibility conditions to be attached to each certificate
  • Annex B – Simplified model of certificate of execution of works carried out abroad by Italian companies (.doc format)

 

Forms for companies

  • Annex 4 – Request form to receive the list of trusted technicians

 

Regulatory Annex

 

Italian Presidential Decree No 207 of 5 October 2010 – Regulations to the Public Contracts Code
Art. 84 – Criteria for the assessment and evaluation of works performed abroad (art. 23, Italian D.P.R. no. 34/2000)

  1. In the case of works carried out abroad by companies established in Italy, the applicant must submit to the SOA the certificate of execution of the works, accompanied by a copy of the contract, any document proving the execution of the works and, if issued, the certificate of acceptance.
  2. The certificate will be issued, at the request of the interested party, by a trusted technician of the Consulate or of the Ministry of Foreign Affairs, at the expense of the interested party, and will show the works carried out according to the different categories, their amount, the time of execution, useful indications regarding the incidence of subcontracting for each category, as well as a declaration that the works have been carried out regularly and successfully. The relative amounts are included in the certificate with the necessary information for full identification of the subcontractor, the period of execution and the category of works performed. The certificate will be issued in accordance with simplified models to be determined by the Authority, after consultation with the Ministry of Foreign Affairs on matters of competence, and will be subject to legalization by the Italian consular authorities abroad, if necessary.
  3. In the case of works subcontracted exclusively to Italian companies, the subcontractors may use the certificate issued to the Italian executor in accordance with the provisions of paragraph 2 for the purpose of obtaining the qualification and, if the executor does not request it, the certificate may be requested directly by the subcontractor in accordance with the provisions of the aforementioned paragraph.
  4. The certificate must be drawn up in the Italian language or, if it is in a language other than Italian, it must be accompanied by a certified translation into the Italian language issued by the diplomatic or consular representation or by a translation into the Italian language made by an official translator. Once the authentication has been obtained, the Italian consulate abroad shall forward it to the competent central structure of the Ministry of Foreign Affairs, which shall enter it in the computerized register referred to in article 8, in the manner established by the Authority, in accordance with the simplified models referred to above.
  5. If the person concerned has completed the work and no longer has his own representation in the country of execution, or if the representation is unable to fully perform its functions because of obvious difficulties in the same country, he may apply to the competent structure of the Italian Ministry of Foreign Affairs.

Art. 3, Italian d.P.R. n. 445/2000

  1. The provisions of this consolidated law apply to Italian and European Union citizens, legal persons, partnerships, public administrations and bodies, associations and committees having their registered office in Italy or in one of the countries of the European Union.
  2. Citizens of non-EU countries who reside in Italy on a regular basis may use the substitute declarations referred to in articles 46 and 47, limited to states, personal qualities and facts that can be certified or attested by Italian public bodies, without prejudice to the specific provisions contained in the laws and regulations on immigration discipline and the condition of foreigners.
  3. Apart from the cases provided for in paragraph 2, citizens of non-EU countries authorized to reside in the territory of the State may use the substitute declarations referred to in Articles 46 and 47 in cases where they are presented in application of international agreements between Italy and the declarant’s country of origin.
  4. Except in the cases provided for in paragraphs 2 and 3, states, personal characteristics and facts shall be documented by means of certificates or declarations issued by the competent authority of the foreign state, accompanied by an Italian translation certified by the Italian consular authority and attesting to its conformity with the original, after the person concerned has been warned of the criminal consequences of producing untrue acts or documents.