July 31, 2018
- FISE Uniport denunciation the creation of a new monopoly in the port of Civitavecchia
- The AdSP of the Centro Settentrionale Tyrrhenian Sea has tax to the "ships in line service" to use an only terminal containers authorized in the port of call
- Federico Barbera, president of Uniport (National Unione Harbour Enterprises), the association that inside of the Federation Enterprises of Services (FISE) represents the harbour enterprises that carry out operations of boarding and disembarkation, displacement of the goods, accessory activities to navigation, harbour terminals operator and services, has written to the Direction Marine Transport of the Ministry of Infrastructures of the Transports having asked to take part timely in relation to how much he is happening near the ports of competence of the Authorities of Harbour System of the Tyrrhenian Sea of Nord and Centro Settentrionale.
- Barb it has explained that with the decree 13th July, that we publish below, the Authority has in fact tax to the so-called "ships in line service" to use an only terminal containers authorized in the port of Civitavecchia and has evidenced that in this way she transported in hold or with containers has prevented itself to an operating historian of the field on ships specialized in the fruit transport (is refrigerator) to decide freely as carrying out the activities object of own industrial plan, favoring directing competitor.
- "Draft - Federico Barbera has denounced - of a decision liberticida that a new monopoly gives the go-ahead free and that risks to having occupational repercussions, as well as to penalize operating that in the past they have invested on infrastructures of the port of Civitavecchia; decision that goes exactly in opposite sense to recorded how much, opportunely on analogous argument, to work of then the Harbour Authority of Livorno. In the same moment in which the offices of the MIT deservedly they have been activated in order to above all bring back order and legitimacy in the field of the "Harbour Job" in the field of the so-called "self-handlers", analogous replies are not had, whereby, as to Livorno all this are aggravated by a situation of commistione of roles authorize to you, managerial and of control that does not have replies in other truths and where, quite, the entire inspecting system of the U.L.P are dismantled. We have asked the Ministry of Transportation - it has specified Barb - to acquire details on how much it is happening and to take part in order to favor homogeneity of rules on a national level, flood competition, investments and development of new traffics".
- Authority of Harbour System of the Centro Settentrionale Tyrrhenian Sea
- DECREE N. 28/2018
- SEEN Legge n. 84 on January 28, 1994 bringing I reorder of the legislation in harbour matter and the next modifications and integrations;
- VISA, in particular, the next D.Lgs. 169 on August 04, 2016 bringing "Reorganization, rationalization and simplification of the concerning discipline the Harbour Authorities of which to the Law on January 28, 1994, n.84, in performance of art. the 8, codicil], letter f), of the Law on August 07, 2015, n. 124, with which the "Authorities Harbour" and instituted the "Authorities of Harbour System" are suppressed and, in particular, to the Attached one To, are characterized the Authority of Harbour System of the Tyrrhenian Sea center - northern as constituted by the Ports of Civitavecchia, Fiumicino and Gaeta (below also ADSP);
- SEEN the D.Lgs. 13 Decembers 2017, n. 232 bringing "4 integrating and corrective Dispositions to I decree legislative August 2016, n. 169, concerning the harbour Authorities";
- VISA in particular the art.6, codicil 4, letter a) of L.84 1994 and s.m.i that it arranges: "the Authority of Harbour System in the perseguimento of the objectives and the purposes of which to art. the 1 it carries out the following ones compiles: a) address, programming, coordination, regulation, promotion and control, also by means of the harbour territorial offices second previewed how much to the art.6 second, codicil 1, letter c), of the operations and the harbour services, the autorizzatorie and concessorie activities of which to article 16, 17 and 18 and of exercised commercial and industrial other asset in the ports and territorial administrative divisions. To the Authority of harbour system they are, also, conferred decree powers, also in reference to safety regarding the risks of incidents connected to the activities and the conditions of hygiene on the job according to the art.24";
- SEEN article 16, 18 and 24, codicil 2 second of L.84/94 and ss.mm and ii.;
- SEEN Decreto of the Ministry of Infrastructures and the Transports n. 392 on November 24, 2016 of nomination of the President of the Authority of Harbour System of the Tyrrhenian Sea northern center;
- SEEN the Navigation code -.Regal I decree 30.03.1942, n. 327;
- SEEN Regolamento of execution of the Navigation code - I decree of President of the Republic 15 February 1952, n.328;
- SEEN the Deliberation of the Harbour Committee n. 116 on 28 November Implementing Detailed 2006-Plan (P.P.A.) Commercial Functional area of the Port of Civitavecchia;
- SEEN the Deliberation of Regional committee n.121 on March 23, 2012 - Approval of varying to the Portuale Town development plan of Civitavecchia;
- SEEN Decreto of Commissioner Straordinario n. 87/2016de1 02.05.2016;
- SEEN Decreto of Commissioner Straordinario n. 88/2016de1 02.05.2016;
- Taken into consideration the fact that this AdSP is held to write up, according to the taken part normative modifications to law 84/94, a Town development plan of fine Harbour System and that to such one has become necessary to assess the correct interpretation to give in particular regarding to the functional destinations the commercial area of the Port of Civitavecchia that is subdivided in three subzones, mainly the Cl (having to object relative the harbour operations to handling and storage of containers; whose area with the relative dock n.25 has been date from 2006 in concession, according to art. the 18 of law 84 94, to society RTC); the C2 (having to object relative the harbour operations to handling and conventional storage of goods, the whose two docks n.23 and n.24 are still public) and the C3 (having to object relative the harbour operations to handling and storage solid bulk, whose dock, the n.26, is also public);
- CONSIDERED that the propedeutiche necessities to the elaboration of the Town development plan of Harbour System are anticipated in terms of requirement of this Administration to above all assure the development of a recent traffic of producing agricultural and food- (bananas) that, for effect of the fast evolution of the transport modalities that have interested the cited merceologica category, they travel in containers cooled rather than in pallets generally through naval units c.d. "full hand container";
- Taken into consideration the fact that for the boarding operations disembarkation of such type of traffic is used by an operator (in recent months and with a trend in increase) in prevailing way the dock n.24 instead of dock 25, these last electively destined from the turning out Portuale Town development plan to the suitable function of terminal containers and (which essential infrastructure) to the development of such operations as well as underused regarding own total abilities;
- CONSIDERED that they do not turn out obstacles of operating nature technical that prevent the transport of the container from the dock 25, that is zone US, to the warehouse of the fruit situated in the C2 zone, in compliance with previewed how much from the Portuale Town development plan which, in the total distribution of the functions, characterizes among other things, an ulterior positioning of the activities of handling of the containers in the areas called Energetic Dock Great Masses;
- CONSIDERED also that had with regard to the operations of refuel/defuel of the containers it is not recorded, as it happens in other in increase equally present merceologici fields in the port of Civitavecchia, the impossibility of location of positionings alternatives for which they must be able to be used (on the base of a flexible approach, to which, in these cases, the Administration can appeal to the aim of the promotion of the traffics and the competitiveness of the port) areas not consented in concession from which manutentivi burdens also of extraordinary ordinary nature derive for the Administration as well as;
- CONSIDERED that, according to already cited art 6, codicil 4, lett. a) of the L.84, 94, is prerogative of the regular AdSP the activities that are shaped as harbour operations and to supervise on the correct execution of the same ones are from the subjective point of view of the qualifications of the enterprise that regarding the positioning of the activities, in conformity in particular of the PRP;
- Considered that it is interest of this administration let alone of the harbour community to favor the development of this traffic of producing ortofrutticoli that it generates important fallen back economic let alone occupational for the entire territory and constitutes (as specified in the Triennial Operations plan a 2018-2020 of this AdSP) important sinergico field with the market of the cruises (in which the Port of Civitavecchia he is leader to European level) regarding supplyings of edge and marine marine storage more in general terms;
- CONSIDERED that, in the light of how much over and from the ascertainment of a trend in cooled increase of disembarks/embarks of container on dock 24 let alone of connected demanded of authorizations to the temporary pause of container on such dock (with all the consequences, is restated, than this involves in terms of greater manutentivi burdens for the Administration), is risen the urgency, by this Administration, to assess if the identification of a specific zone, which that Cl, for container handling. the sopracitato imprinted approach does not allow (although with the flexibility of the functional destinations) that the same activity is carried out in areas falling back in other subzones more generically identified, as in particular the dock n.24;
- SEEN the note prot. 6362 of the 24.05.2017 with which this AdSP therefore has considered opportune to advance a demand for seeming to the Higher council of the public works to the aim in particular to decline the contents of the contained dispositions in the relative PRP to the various previewed functional destinations in the Commercial Area of the Port of Civitavecchia;
- SEEN the opinion of the Higher council of the Public works (below also only CSLLPP) n.44 2017 returned from the 23.03.2018 Assembly of and acquired to the actions of this Authority in date 04.05.2018, prot. 6477 in response to over demand for this AdSP;
- SEEN the Decree n.21 of the 14.05.2018, with which this AdSP has given full spread of the contents of the recalled one to seem n.44 2017 been profitable from the CSLLPP;
- SEEN the Orders of Service n° 19 of the 16.05.2018 and n° 22 of the 05.06.2018 with which a working group with the task is instituted to decline the contents of the opinion n.44.17 of the CSLLPP;
- SEEN Presidential Decreto n° 138 of the 23.05.2018 with which the explicitness of the concept of “occasionalità” expressed the cited one is constituted a Interistituzionale Commission with the task to write up an advisory opinion having to object to seem of the CSLLPP, respect “to the boarding/disembarkation of goods containerized in sottozot2a relative to handling and a conventional storage of goods”, considered also of the effects that this last activity can eventually determine in it confronts of the financial concessionaires who have elaborated an economic plan and for the development ‘consolidation of own specialized terminalistiche activities in the field of the containers;
- SEEN the final relation of the working group of the AdSP of which under orders of Service of 19 2018 and 22 2018;
- SEEN the note of the Secretary Generale of the 11 July 2018 with which the opinion is returned final that concludes the procedure of which to the recalled Orders of Service n° 19/2018 and 22/2018 and it encloses the contained considerations in the enclosed opinions of the members of the interistituzionale Commission of which to Decreto 138 2018;
- CONSIDERED THAT with over cited To seem n.44 the 2017 CSLLPP it has specified that “within a generic attributed “commercial” function from the PRP to a harbour area, the subdivision in subzones characterized from specific “types categories of harbour operations, has lynxes incidence on the declination (internal) of the destination of use of the foretold area”. Various it could not be, pain an excessive genericità of the destination of “commercial” use, that it appears in contrast with the currents you address methodological in harbour topic of planning”;
- Considered also that in the Opinion n. 44/2017 the CSLLPP has emphasized that “the finzionale distribution of the destinations of use inside a port inside constitutes the frame of which the private concessionaires coherently elaborate the economic-financial plans for the development/consolidation of own specialized terminalistiche activities” and that “this was where not respected, in the name of unexpected “a deregulation” regarding the original previewed destinations of use from the PRP, of it would derive a picture of aleatorietà and uncertainty for the private investor, to damage of the total efficiency of the harbour system”.
- CONSIDERED that to light of the foretold one To seem n. 44/2017 and from the reading that has been some date from the Interistituzionale Commission, not sussistono, therefore, elements that “handling and conventional storage of goods” can justify an extensive interpretation of the destination (C2 Subzone) in reason of the specific type of the container reefer (that is container cooled) that they disembark embark on the dock n. 24 let alone in reason of the specific harbour operations that are carried out in reference to this type of traffic which after its disembarkation acquires, in fact, a marginal role regarding the entire cycle of the harbour operations carried out there, various from that instead it happens for the harbour operations carried out in the terminal containers in which instead it is the same container that constitutes the main element of the same cycle;
- Considered that, as specified in the opinion n. 44/17 of the Higher council of the Public works, the occasional boarding/disembarkation of goods containerized in a relative subzone to “handlings and conventional storages of goods” cannot be prevented, in principle, on condition that it does not modify in some way the function attributed from the enforced not dumb Portuale Town development plan and the functional organization to earth of the terminal, that it must remain that of a terminal for goods conventional;
- CONSIDERED that according to the Higher council of the Public works the disembarkation boarding of container (comprised the reefer there) could therefore happen, if of the case, also on the dock n.24 provided that it maintains the occasionalità character;
- CONSIDERED that, under the profile of the public interest and based on the principle of good administration of which to art. the 97 of the Constitution, the management of the government property must be imprinted to guarantee of the most profitable use (as specified from art. the 37 of the navigation code in relation the competition more questions than concession);
- SEEN the explicitness that it has been date from the Interistituzionale Commission, as a result of demanded how much from the President of the AdSP with I decree n. 138/2018, of the concept of “occasionalità” regarding the boarding disembarkation of goods containerized in a relative subzone to handling and conventional storage of goods, held also account of the effects that such activity can eventually determine regarding financial concessionaires that they have elaborated an economic plan and for the development/consolidation of own specialized terminalistiche activities in the field of the container;
- CONSIDERED therefore that it cannot be defined, than according to express in the cited one To seem of the Interistituzionale Commission, “occasional” an activity that are characterized for its habitualness, sistematicità, ripetitività, regularity and stability such from being able to be riconducibile to the definition of which to the shipping prot. n. 000724/XI in date 10.01.1992 of then the Inspector general's office of the Harbour offices, recalled in the circular letter prot. n° RAM/3919-2/2009 of the Ministry of the Atmosphere and the Protection of the Territory and the Sea, second which shapes “ship in line service” that which it carries out ports of call in more ports with frequency and which predetermined routes;
- Considered that, according to the art.8, par. 3 lett. g) of the L.84/94, the President supplies “to the coordination and the control of the activities subject to authorization and concession”;
- CONSIDERED the urgency to establish, in the light of how many had from the Higher council of the Public works in the cited one To seem n.44•17 let alone than are emerged by the interistituzionale Commission of which to the cited one I decree 138 2018, a transitory regime that, in the blackberries of the application of the determination that emerge in the cited opinions, can order, establishing quotas them, the eventual containerized operations of boarding disembarkation of goods near docks 23 and 24 with the objective of contemperare, on one side, the observance of the corrected functional destination of the commercial area of the port of Civitavecchia, so as characterized from the recalled Portuale Town development plan and specified in the Opinion n.44/17 as well as the most profitable use of the government property also whereby same I am not concession object and, givethe other, to avoid that producing can fail important traffics of ortofrutticoli. that they at this point happen generally through container to damage, held) account of their positive ones fallen back for the delivery is in economic terms that occupational;
- Considered also of the organizational necessities and commercial times to allow I use it optimal of the infrastructure harbour for handling and storage of the container reefer through an effective and economic connection between the destined area US to the “relative harbour operations to handlings and storage containers” that the dock comprises n.25 and the “terminal fruit” given in concession to the CFFT, equipped for the storage and the treatment of the ortofrutticoli produced ones;
- Considered that in the course of such transitory regime the AdSP, in the within of the assigned tasks to it in particular from the art.6, par.4, lett. a) of the L.84 94, let alone in the light of indicated how much in point 3,1 of the conclusions of the cognitive Investigation in the field of the Harbour services carried out from the Guarantor Authority for competition and the Market of 1997, it intends to create and to promote the conditions for the definition of agreements or understandings between private harbour operators based on the respect of the principle of loyal competition and this to the aim to optimize I use it of the entire harbour infrastructure it take part of the commercial area for the benefit of a correct and harmonious development of the business activities in the port of Civitavecchia;
- IT ORDERS
- With expiration 15 september the 2018 and until when the area is not realized dí which to the Energetic Dock Great Masses, boarding disembarkation of containers by naval unit used after the container transport that they carry out services of line will have to only happen near the dock n. 25 of the Port of Civitavecchia.
- The containers will be transported by the dock n. 25, that is from the subzone US, through the areas overleaf of Dock 25 and or with modality of connection that the Administration is engaged to realize and/or to order in the term of which to precedence art. 1.
- ART. 2
- Until the date on September 15, 2018 the eventual demands for authorizations to the temporary pause of container near it arch commercial of the Port of Civitavecchia in the specific subzones docks 23 and 24, could be received provided that they do not exceed the number of which released authorizations 2018 for the container in June.
- Successively to the date on September 15, 2018 the disembarkation container boarding (included those refeer) on docks 23 and 24 there will be allowed only if such activities cover occasionalità character, in compliance with the explicitness given in the opinion n. 44/2017 of the Higher council of the Public works and that which released from the Interistituzionale Commission of which to Presidential Decreto n° 138/2018, that is when such activities are not characterized by the habitualness, sistematicità, ripetitività, regularity and stability and they are not therefore riconducibili to the definition of which to the shipping prot. n. 000724/XI in date 10.01.1992 of then the Inspector general's office of the Harbour offices, recalled in the circular letter prot. n° RAM 3919/2/2009 of the Ministry of the Atmosphere and the Protection of the Territory and the Sea, second which shapes “ship in line service” that which it carries out ports of call in more ports with frequency and which predetermined routes.
- ART. 3
- It is given sent to the technical Secretariat - operating of giving adequate spread of it anticipates provision.
- It is also given sent to the operating technical Secretariat to start the turned procedure on the verification of eventual necessities of review of Regolamento n. 87 on May 2, 2016 bringing “Discipline for the development of the harbour operations in the ports of Civitavecchia and Gaeta”.
- Civitavecchia, them 13/07/2018
- THE PRESIDENT
Avv. Francesco Maria di Majo