July 27, 2012
- The government appeals the law of the Friuli Venice Gulia on the regional portualità
- Filt Cgil, Fit Cisl and Uiltrasporti exhort the executive to safeguard the role of the Harbour Authorities
- This morning the Council of Ministers has deliberated the impugnativa dinanzi to the Constitutional Court of the law n. 12 of the Region Friuli Venice bringing Julia “Discipline of the portualità of regional competence”, that it is promulgated 31st May
of 24 May 2012). The decision is assumed - precise a note of Palazzo Chigi - as the regional law, that we publish below, “contains a norm that, previewing the possibility for the Region to stipulate conventions with private in exception to the state discipline in matter of use of the assets the publics”.
- While the unions Filt Cgil, Fit Cisl and Uiltrasporti have exhorted the government to safeguard the role of the Harbour Authorities, threatened - they have explained the three unions - as a result of the sentence of the Regional administrative court of the Latium that “modification the system and the contents of the law the 84/94 on the ports, considering Harbour Authorities like “inserted public administrations in the consolidated economic account of Public Administration””. According to the labor organizations of category, “this determines of the most serious consequences on the role of the same Harbour Authorities that will come subordinates to not necessary ties that in fact of it they reduce the function, the operativity and above all of it they modify the job relationship that for all the dependent of the Authorities from private becomes public”. “All this - they have found Filt, Fit and Uilt - unhinging the contractual system is national is premises that they give beyond ten years is enforced and that its validity in terms of protection of the workers and efficiency of the same Authorities in the more general interest of the ports has demonstrated in the facts all”.
- For Filt Cgil, Fit Cisl and Uiltrasporti, “are more and more urgent and not rinviabile, being given the resource to the Council of State against the sentence of the REGIONAL ADMINISTRATIVE COURT Latium, a legislative provision that clarifies the role of the Harbour Authorities. Without an participation of the government and the parliament in such sense - the unions consider - a damage to the workers would be determined, a hardening of the functions and the scopes of the fallen back Harbour Authorities with the consequent ones on the operativity of the port, without no economic benefit for the State, but more rather with a concrete risk that the ports are less efficient in the system of the transports of the goods of our Country”.
- Independent region
Friuli Venice Julia
- Regional law 31 May 2012, n. 12
- Discipline of the portualità of regional competence.
- HEAD I
- GENERALI PRINCIPLES
- Art. 1
- (Generali Principles and purpose)
- Law anticipates, according to article 117, third codicil, of the Constitution, let alone in performance of I decree legislative 1 April 2004, n. 111 (Norms of performance of the special charter of the concerning region Friuli-Venezia Giulia the transfer of functions in practicability matter and transports), and of I Prime Minister's decree of the 9 Ministers of February 2009, and in harmony with the strategic objectives of the European Community, it disciplines to the organization and the operation of the Port of Monfalcone and Porto Nogaro, based on the following principles:
- separation between activity of administration, regulation and activity of enterprise;
- transparency, impartiality and good course of Public Administration;
- freedom of enterprise and free circulation of the people, the goods and the services;
- protection of the efficiency of the harbour market and the user, the Generali services and the harbour operations;
- promotion of the marine and harbour services and the harbour development in general terms, in harmony with the system of infrastructures of transport and the logistics;
- simplification of the procedures and control of the tempistica in the release of the authorizations and concessions. 2.
- The Region exercises the regulation activity on the Ports of Monfalcone and Porto Nogaro in the optical primary to favor the realization of infrastructures and the development of the functional services to the organization of a regional logistic platform that considers the existing ports in the territory of the Region, the retroportuali and intermodal areas, also in relation to the transnational corridors of traffic promoted by the European Union. The Region recognizes the strategic interest of the Ports of Trieste, Monfalcone and Porto Nogaro, of it supports the development in the respect of the competences of the State by means of opportune forms of cooperation, also with own resources, taken into consideration the characteristics and of the necessities of everyone of the ports, let alone in consideration of their role for the access to the European corridors.
- Art. 2
- (Attributions of the Region)
- Made blank the functions maintained in head to the State, in relation to the requirements of unitarism, of which to article 11 of I decree legislative 111/2004, the Region it exercises the pianificatorie, programmatorie and administrative functions for the organization and the operation of the Port of Monfalcone and Porto Nogaro, second the modalities indicated to codicils 2 and 3. 2.
- Regional Alla Giunta is attributed the choices of harbour politics to assume with the wider participation of the institutions and the local authorities. The Regional committee, in particular:
- it promotes the development of the regional harbour system, in an optical of sinergica cooperation between ports, retroporti, logistics of the transports, by means of instruments of territorial planning of the ports, address for the management of the areas of harbour interest, programming of infrastructures and coordination of the resources financial institutions;
- program the investments with the scope to favor integration of the systems of transport and the development of the regional logistic platform in support of the harbour activities;
- it favors the development of the nets of communication of European interest and their interrelations with harbour, retroportuali infrastructures and the regional logistic platform;
- it promotes forms of cooperation between the ports of the Adriatic north for the potenziamento of the offer and best integration between ports and infrastructural and logistic nets;
- it supplies, in the respect of the agreed fundamental principles in the understanding of which to article 11, codicil 1, letter aa), of I decree legislative 111/2004, actions of address for the newsroom of the harbour Town development plan and the triennial Operations plan. 3.
- Competent central Alla Direzione in matter of regional portualità is up the administrative functions not attributed to the Regional committee. Such central Direction, in particular:
- the harbour Town development plan elaborates;
- it manages the triennial Operations plan of which to successive article 7;
- it supplies to the realization of new functional infrastructures to the harbour activity, let alone to the relative maintenance;
- it realizes, in substitution of the State, the works of great infrastructuring of the Port of Monfalcone, in case the Region participates to you financially, in all or partially;
- it entrusts the supply of the services of general interest to the indifferenziata user;
- it assures the navigability of the harbour within supplying to the maintenance of the backdrops;
- it authorizes the development of the business activities and industrial, the operations and the harbour services, let alone the temporary pause of goods and materials;
- it releases the concessions for I use it of the state property assets in the harbour within.
- Nelle matters of own competence to the regional Administration is attributed powers of vigilance, regulation and decree.
- Art. 3
- (Attributions of the Municipality)
- For the purposes of the Municipality anticipates law:
- it participates to the choices of harbour politics of which to article 2, codicil 1, by means of proposals and opinions to subject the Regional committee;
- it expresses the understanding on the plan of the harbour Town development plan and relative varying, as expected to article 6;
- it takes part to the intense activities of the advisory Committee of which to article 8.
- Art. 4
- (Understanding with the State)
- Ai fine of the formulation of the understanding previewed from article 11, codicil 1, letter aa), of I decree legislative 111/2004 for the planning, programming and planning of the participations in the Port of national importance of Monfalcone, the Region assures, in the within of own competences, the respect of the following addresses:
participation of the marine Authority and the technical organs of the State to the process of formation of the harbour Town development plan;
- sharing of the program of realization of the works of great infrastructuring, as defined to article 5, codicil 9, of the law 28 January 1994, n. 84 (I reorder of the legislation in harbour matter), and successive modifications; participation regional financial institution or integral assumption of the financial burdens for the realization of the works of great infrastructuring, in case of outage of resources of the State.
- HEAD II
- HARBOUR WITHIN AND INSTRUMENTS OF PLANNING
- Art. 5
- (Harbour Within)
- The harbour within is delimited by the harbour Town development plan, that it characterizes the functional destination of the areas and defines the total order of the port, there comprised the destined areas to the industrial production, the shipbuilding activity, street, railway infrastructures and of the logistics.
- They are considered aimed at harbour the watery mirrors, also external to the forward defenses, interested from the harbour traffic and the performance of the harbour services.
- Areas not pertaining to the marine Federal property, provided that functional can be enclosed in the harbour within also to the exercise of the harbour activities. The regulation of the use of the private areas, in the respect of the named point of destination from the Town development plan of the port, is defined priority by means of agreements with the subject owners of the areas and the not state property systems. In case of lacked agreement the Region establishes the discipline for I use it of the private areas with administrative provision.
- Art. 6
- (Harbour Town development plan)
- The formation of the harbour Town development plan and its varying happens in compliance with the directive 2001/42/CE of the European Parliament and the Council, of the 27 june 2001, concerning the appraisal of the effects of determined plans and programs on the atmosphere, and to the successive internal norms of recepimento. 2.
- The plan of harbour Town development plan is managed on the base of the addresses supplied from the Regional committee according to article 2.
- The harbour Town development plan is constituted gives:
- an illustrative relation that describes to the objectives and the operated choices and the criteria followed in the planning of the harbour areas;
- graphical representations in opportune number and scale, to the aim to describe the regional planning, let alone in order to assure a clear and univocal interpretation of the contents, the norms and the procedures; for the representations they can be used computer science technologies;
- the definition of the times of performance, with the highly summarized description of the works and previewed equipments and the relative elements of cost;
- the norms of performance of the Plan.
- The harbour Town development plan is managed of understanding with the Municipality in whose territory develops the harbour within, and, for the aims of safety of navigation and the nautical services technical, with the Marine Authority, felt the advisory Committee of which to article 8, and it is approved of in via preliminary matter from the Regional committee. After the preliminary approval, copy of the Plan is deposited near the offices of the competent central Direction and the warehouse warning contextually is published on the Gazette of the Region Friuli Venice Julia and to white the praetorian one of the territorial competent Municipality in order to allow with anyone of it has interest the presentation of oppositions and observations within the twenty successive days to the publication of the warning.
- The harbour Town development plan, eventually modified in acceptation of the oppositions and the reached observations, is approved of in definitive way from the President of the Region, on consistent deliberation of the Regional committee.
- The harbour Town development plan of Monfalcone, like approved of in via preliminary matter, is subordinate also to the opinion of the characterized state technical organ in the understanding of which to article 11, codicil 1, letter aa), of I decree legislative 111/2004, that it is expressed within forty-five days from the demand. Passed unfruitfully such term, the opinion is returned by the competent regional structure in harbour infrastructure matter. 7.
- The forecasts of the harbour Town development plan are harmonized with the dispositions of the communal town-planning instruments and they cannot with these contrast. In case contrast is found the Region promotes the harmonization indicating the opportune modifications. The harmonization of the harbour Town development plan priority is promoted within appropriate conference of planning indetta from the Region, by means of understanding between all the titular agencies of pianificatoria power in the within territorial interested, that is by means of agreement of program, according to the regional norm.
- The harbour Town development plan is put into effect on the base of a triennial program updated annually. The programming of the works of great infrastructuring in the Port of Monfalcone is subordinate to the opinion of the characterized state technical organ from the understanding of which to article 11, codicil 1, letter aa), of I decree legislative 111/2004, that it is expressed within forty-five days from the demand. Passed unfruitfully such term, the opinion is returned by the competent regional structure in harbour infrastructure matter. 9.
- The procedure of which to article anticipates applies also to varying to the harbour Town development plan.
- Alla planning and programming of which to the codicils precedence the ricomprese areas in the harbour within are subjected all, included those private ones.
- Art. 7
- (Operations plan triennial)
- The Operations plan triennial, subject to review anniversary, defines the strategies of development of the harbour activities and the participations you turn to guarantee the attainment of the fixed objectives, comprised the Generali criteria there for the release of the authorizations and the state property concessions.
- The triennial Operations plan is written up on the base of the addresses supplied from the Regional committee according to article 2 and felt the advisory Committee of which to article 8, and it is approved of by the President of the Region.
- HEAD III
- ADVISORY FUNCTIONS AND OF SUPPORT TO THE REGION
- Art. 8
- (Advisory Committee)
- An advisory Committee is instituted for every port, composed from the competent regional City council member for matter that presides it with delegation faculty, from the central Director of the competent regional structure in matter, from a designated representative, respective, from the Province, the Municipality, the harbour operators, the industrial enterprises, the lenders of services of general interest, from the workers of the operating enterprises in the port according to article 11 and from the labor organizations, let alone, for the port of Monfalcone, from the special Company for the Port of Monfalcone and from the Consortium for the industrial development ofthe Municipality of Monfalcone and, for Porto Nogaro, from the Consortium for the industrial development of the Aussa-Horn zone. To the intense activities of the Committee the Marine Authority is invited that participates with right to vote.
- The Committee has advisory functions in order to the formation of the harbour Town development plan and the triennial Operations plan, let alone in order to the criteria for the release of the authorizations and the concessions and in order to the organization of the job in the port. The Committee moreover is felt in merit to other issues of general interest.
- Give it participation and from the operation of the advisory Committee they do not derive burdens at the expense of the budget of the Region.
- The Committee adopts regulations for disciplining the development of its activities, that it disciplines, among other things, the modalities of convocation, the validity of the sitting and the deliberations and the form of the verbalizzazione.
- Art. 9
- (Institutional Collaborations)
- Al fine to assure the highest degree than effectiveness in the development of own tasks the regional Administration is authorized to: a) to stipulate with the subjects operating publics in the harbour withins agreements that they preview the employment of the field professionalities you anticipate there, let alone the accomplishment of performances of service to support of the Region;
- to delegate to the special Company for the Port of Monfalcone, to the Consortium for the industrial development of the Municipality of Monfalcone and to the Consortium for the industrial development of the Aussa-Horn zone coherent tasks with the institutional scopes of the same subjects.
- HEAD IV
- HARBOUR ACTIVITIES
- Art. 10
- (Activity of enterprise)
- The regional Administration authorizes the development of the business activities and industrial, the operations and the harbour services, let alone the temporary pause of goods and materials and entrusts the supply of the services of general interest.
- Art. 11
- (Authorizations for harbour operations and services)
- The cargo, the drainage, the transfer, the warehouse, the movement generally of the goods and every are harbour operations other material, carried out in the harbour within. Those reported to specialized, complementary and accessory performances are harbour services to the cycle of the harbour operations, characterized with provision of the competent central Director, felt the advisory Committee.
- The regional Service competent discipline and supervises on the accomplishment of the harbour operations and the harbour services, let alone on the application of the rates indicated from each enterprise.
- The exercise of the activities of which to codicil 1, carried out on behalf own or of third party, is subject to authorization, released advance verification of the correspondence of the activities of enterprise to the triennial Operations plan, let alone of the possession from the petitioner of requirement of which to codicil 4. The authorized enterprises are enrolled in appropriate registries and are subject to the payment of a annual canon and to the performance of a bail.
- The release of the authorizations of which to codicil 3 it is disposed in the respect of the provision of which to codicil 1 that determines:
requirement of personal and technical-organizational character, ability financial institution, professionality of the operators and the enterprises petitioners, adapted to the activities to carry out, between which the presentation of an operating program, assisted from suitable fideiussorie guarantees also, face to the increment of the traffics and the productivity of the port, let alone the comprising determination of organic of workers to the directed dependencies also managing pictures;
- the criteria, the modalities and the terms in order to the release, the suspension, the forfeiture and the revocation of the autorizzativo action, let alone to the relative controls;
- the parameters in order to define the limits minimums and maximums of the annual canons and the bail in relation to the duration and the specificity of the authorization, held you anticipate the volume of the investments and the activities to carry out;
- the inherent criteria the release of specific authorizations for the exercise of harbour operations, to be carried out to the arrival or the departure of endowed ships of own mechanical means and own staff adapted to the operations to carry out, let alone for the determination of a fee and a suitable bail; such authorizations do not re-enter in the maximum number of which to codicil 7.
- The rates of the harbour operations of which to codicil 1 they are profitable public. The authorized enterprises according to codicil 3 must communicate the rates that intend to practice in confront of the customers, let alone every successive variation.
- The authorization has lasted rapportata to the proposed operating program from the enterprise. The regional Administration verification with cadence at least anniversary the respect of the conditions previewed in the operating program.
- The regional Administration determines the maximum number of authorizations that can be released according to codicil 3 in relation to the requirements of functionality of the port and the traffic, assuring, however, the maximum of the competition in the field.
- Art. 12
- The regional Administration, made saves the necessity to reserve in the harbour within spaces operating for the development of the harbour operations from not concessionary enterprises, can grant to the subjects authorized to the development of activity of enterprise or to the supply of having services of general interest economic importance the occupation and the use, also exclusive, of state property areas and docks by means of procedures to public evidence, in the respect of the principles of transparency, impartiality and competition.
- The regional Administration proceeds, of norm, by means of warning to be published for extracted on the Gazette of the Region Friuli Venice White Julia and on the praetorian one of the Municipality, with which it informs of the understanding to entrust in concession a marine state property area inviting the candidates to introduce within advanced a not inferior term to twenty days neither to ninety days own best one offered, in the respect of the strategies indicated in the triennial Operations plan.
- The question of participation to the public selection, besides necessary requirement for the release of the authorization of which to article 11, it must also document:
a program of coherent activity with the which put on purposes and spaces;
- the technical-professional suitability, satisfied from the presence of the professionalities demanded for the accomplishment of the activities correlated to the concession, attested from the directory of activities previously carried out, relevant to that object of the concession;
- the organizational suitability, satisfied from the adequacy of the organic one and/or technical, material and instrumental equipments;
- the suitability economic-financial institution, satisfied from suitable bank statements, and/or balances or extracted of budgets, and/or total turnover or relative turnover to the similar activities to those of the concession.
- If more questions, are preferred, with motivated provision, the petitioner who offers better guarantees approximately the correspondence of the programs of activity of the enterprise to the characteristics and the programs of established development of the port from the triennial Operations plan.
- The concession action, among other things:
- it determines the duration, the powers of vigilance and control, the modalities of eventual cession of the systems to new concessionaire;
- it indicates the modalities of calculation, revaluation and deposit of the relative canon;
- it can preview the realization of harbour works, also of great infrastructuring, at the expense of the fixed concessionaire and the relative guarantees.
- The regional Administration carries out assessments with cadence anniversary to the aim to verify permanere of requirement in possession at the moment of the release of the concession and the performance of the investments previewed in the activity program.
- Nell'ipotesi in which independent request of concession reaches, this is published for extracted on the Gazette of the Region Friuli Venice White Julia and on the praetorian one of the Municipality, with the invitation to who of it has interest to introduce within advanced a not inferior term to twenty days neither to ninety days observations and oppositions or eventual concurrent requests. The not compatible requests with ties of town-planning, landscaped and environmental character are irricevibili enforced.
- With the provision of which to article 11, codicil 4, they are determined also, also in consideration of influential the national and international policies tariff on the traffic of Alto Adriatico, the parameters in order to define the limits minimums and maximums of the annual canons and the bail in relation to the duration and the specificity of the marine state property concession, held you anticipate the volume of the investments and the activities to carry out; in particular, if, according to the codicil 5, letter c), it is to exclusive cargo of the concessionaire the realization of harbour works, also of great infrastructuring, that is structures of difficult removal, the minimal limit, limitedly to the zone interested from the works, it is reduced, respective, of the 50 percent and the 25 percent. In case the hypotheses rerun both, the total reduction of the canon cannot however exceed the 50 percent.
- It is made saves the free use of the state property pieces of real estate from public administrations for the development of functions relating to marine and harbour activities.
- It is made, also, it saves the free use of the state property areas from subjects publics, in case the occupation of the same ones becomes necessary in order to realize intense activities or participations of public interest.
- Art. 13
- (Partnership public/private - finance of plan)
- The regional Administration can stipulate conventions that, using the instrument of the marine state property concession of which to following articles 36 and of the navigation code, they put into effect models of private public partnership/or of finance of plan to the aim to allow the realization of works and/or infrastructures not otherwise attainable. Such conventions, according to article 17 of the regional law 20 March 2000, n. 7 (Consolidated act of the norms in matter of administrative procedure and by right of access), and of article 11 of 7 the law August 1990, n. 241 (New norms in matter of administrative procedure and by right of access to administrative documents), characterize the modalities of exercise of the concession, also in exception to the discipline in matter of use of the assets publics. 2.
- The procedure of selection of the enterprises that ask to realize and to manage economically harbour infrastructures with the contribution of private capital happens in the respect of the following principles:
- compatibility with the principles and the dispositions of the European Union;
- technical approval of the plan, also to the aims than previewed to codicil 3;
- adoption of the procedures in matter of contracts for the execution of public works;
- acquisition of the work realized to the marine Federal property upon maturity of the concession without some indemnification for the concessionaire.
- Al fine to allow the recovery of the carried out investments, the concessionaire, by authority received of the regional Administration, can lease, with by right private contract according to article 1571 of the civil code, the realized work to enterprises in possession of the authorization of which to article 11, towards fee of a not inferior canon to that established for analogous fattispecie. 4.
- The regional Administration disciplines to the relationships with the subjects publics or private owners of areas and systems, of which to article 5, codicil 3, assuring:
the distribution of the services of general interest to the indifferenziata user;
- the application of coherent rates with the tariff regime applied in the harbour within;
- the participation of the precited ones subject to Generali the managerial burdens of the port.
- Art. 14
- (Approval of the plans)
- The plans are subject to the regional discipline in matter of public works of competence of the Region.
- For the works of great infrastructuring to come true in the harbour within of the port of Monfalcone, the plan he is subordinate to the opinion of the characterized state technical organ in the understanding of which to article 11, codicil 1, letter aa), of I decree legislative 111/2004, that it is expressed within forty-five days from the demand; passed such term uselessly, the opinion is returned by the competent regional structure in harbour infrastructure matter. 3.
- The approval of the plans constitutes, where necessary, varying to the harbour Town development plan, subordinately, in case of contrast with the town-planning forecasts of the communal general town development plan, to the favorable accomplishment of the procedures of which to article 6, codicil 7.
- Art. 15
- (Resources for the development of the portualità)
- The entrances are destined to the development of the regional portualità for a reason or purpose of:
- canons of concession of assets of the marine Federal property and the territorial sea comprised in the harbour within;
- canons for the authorizations for harbour operations and services;
- proceeds deriving from the supply of the services of general interest;
- financings finalized from Been about to the activity carried out in the harbour field and of infrastructures;
- financings of the European Union, let alone of other national and international organisms and public institutions for the realization of specific plans in the within of the competence matters;
- contributions and subsidies of the Region, public bodies, associations and private;
- every other jettison at sea previewed from laws or agreements;
- bequests and donations.
- The entrances deriving from the canons and the proceeds of which to codicil 1, letters a), b) and c), are destined to support the expenses for the management of the Port of Monfalcone and Porto Nogaro.
- HEAD V
- FINAL NORMS
- Art. 16
- (Transitory and final Norms)
- The authorizations and the concessions which released to the date of effectiveness of anticipate law, remain enforced until the expiration previewed from the title and the relative canons, being given the adaptation anniversary based on the Istat indices, are introitati by the regional Administration, according to article 9, codicil 5, of decree legislative 111/2004. 2.
- Nelle blackberries of the definition of the understanding with the State of which to article 4, to the aims of the acquisition of the opinion of the state technical organ, the Region, in the respect of the principle of loyal collaboration, assures the participation to the procedure from the competent Head office of the Ministry of Infrastructures and the Transports, let alone of the Interregional Provveditorato for the Public works for Veneto, Trentino Alto Adige and Friuli Venice Julia.
- Within the ports of Monfalcone and Porto Nogaro the dispositions of law 84/1994, and successive modifications, not incompatible are applied hereby law. 4.
- The procedures for the release of the authorizations and the concessions according to, respective, of article 16 and the article 18 of law 84/1994, and successive modifications, hanging to the date of effectiveness of anticipate law are defined in the respect of the national dispositions.
- Art. 17
- (Norms financial institutions)
- The entrances deriving from the canons and the proceeds of which to article 15, codicil 1, letters a), b) and c), are assessed and collected on unit budgetary 3.1.104 and chapter 1865 of new institution for memory in the state of forecast of the entrance of the pluriennale budget for years 2012-2014 and of the budget for year 2012, with the denomination <<Proventi deriving from the canons of concession of assets of the marine Federal property and the territorial sea comprised in the harbour within, let alone by the authorizations for harbour operations and services and by the proceeds deriving from the supply of the services of interest generale>> and they are enrolled in the successive exercise in the state of forecast of the expense of the regional budget for the purposes previewed from same article 15, codicil 2.