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10 December 2018 The on-line newspaper devoted to the world of transports 07:04 GMT+1

October 4, 2017

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the harbour reform has left opened still many thematic ones between which those in matter of social security and
evidences It Nctm Law firm emphasizing also a possible disallinemento between the European and Italian norms

Although is passed almost a year from the effectiveness of the harbour reform, today they remain opened still many thematic ones between which those in matter of social security and safety in harbour within. It evidences Nctm Law firm making the point on the Italian norms in prevention matter and harbour safety after the effectiveness of I decree legislative n. 169 of 4 August 2016 that has reformed the system of governance of the Italian portualità having instituted 15 Authorities of Harbour System that the Harbour Authorities in the management of the main national ports are succeeded to.

the law firm in the first place finds a possible disallinemento between the European directive and the Italian norm. "The topic, in fact - specific Nctm - is in association with the appearing dissonance between the environmental norm of Brussels and that portualistica. It would seem in fact that, to light of the last updates, the first does not prescribe more the duty for the harbour administrations to manage the relationship on relative safety to the harbour areas, while the second one arranges the contrary exactly".

Relatively to the Italian legislation, the law firm remembers that "I decree legislative n. 105/2015, in performance of the Directive Seveso III, have repealed decree ministerial 16 May of 2001, n. 293, that the obligation imposed to the Harbour Authorities (today Authority of Harbour System) to write up and, successively, to update to the Integrated Relationship of Harbour Safety inherent to the risk of industrial accident with reference to all the considered activities risky inside of the Italian ports. Therefore, with the introduction of the new discipline of which to I decree legislative above-mentioned, being failed for the Authorities of Harbour System the obligation to manage the relationship on safety - Nctm emphasizes - according to many experts an empty normative would have been shaped, with consequent glares negatives in the management of eventual incidents that they could be necessary inside of the harbour areas, in case is involved or more plants said "Seveso", or however regarding dangerous substances presents inside of the port".

"the reason of such possible "empty normative" - Nctm observes - drift from the fact that how much having from the new discipline in identification matter of the risk, species in harbour matter, parrebbe not to have inside found correspondence of the Italian harbour law, not even as a result of the reform of 2016. In fact, according to article 5, codicil 5, of law 84/94, today, is still previewed that "Al harbour town development plan of the ports of which to codicils 1 and 1-second a relationship is attached on safety of the harbour within on the risks of connected important incidents with determined industrial activities"".

"In short - the law firm still finds - parrebbe to permanere for the so-called ports of "international interest" the obligation to manage the RAPTUS in Harbour Within that, once approved of from the Committee of management of the AdSP, will have to be attached to the relative Portuale Town development plan, without more the necessity than to adopt, like instead previewed previously, neither the Plan of Harbour Emergency, neither tantomeno the External Plan of Emergency to the harbour area".

precise Nctm that "to light of the numerous critics whom moved from the experts and the harbour operators approximately a general worsening of the norm under investigation in matter of management of the risk in case of important incident, they are elaborated some studies of field you turn to try to place remedy to happening of the potential cited normative gap over. The main one of these - specific the law firm - parrebbe to be that elaborated from the ARPA (Regional Agency for the Protection of the Atmosphere) together with the National Body of the Firemen, which proposes a series of guidelines times to the approval of a Harbour Plan of Emergency that, considering also of the other instruments of present planning in harbour within, can be considered valid and effective to less inside prescind from the presence or of the several Italian harbour truths of so-called "Seveso Plants" and being, therefore, ricompreso inside of the RAPTUS to enclose successively to the Portuale Town development plan (called as a result of reform "Town development plan of Harbour System")".

Nctm emphasizes therefore that "although it is by now passed almost a year from the effectiveness of the harbour reform, today remains opened still many thematic ones, between which those over cited in safety and social security matter of. The current one I decree legislative n. 105/2015 parrebbe to have modified in pejus the normative precedence, limiting, in fact, are the instruments in order to prevent the incidents are those faces to the programming of the emergency situations. Consequently, to light of the considerations over times cited and the technical proposals to exceed such situation of normative stall - the law firm concludes - do not remain other that to attend a concrete answer from the competent Authorities of Harbour System that, for the moment, seems to be late to arrive".

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