ANCIP and CULMV denounce that the governmental measures do not preview some support to the harbour workers and the marine ones



The National Association Companies Harbour Enterprises (ANCIP) has sent to the government, to Assoporti and the unions Filt Cgil, Fit Cisl and Uiltrasporti a letter, whose contained Port of Genoa (CULMV is agreed with the Company Unica Lavoratori Merci Varie Paride Batini -), in which delays by the national executive and of the AdSP in the debit are complained performance to the previewed measures of refreshment. Moreover in an ulterior document, that we publish below with the letter, ANCIP and CULMV denounce the attempt to favor a revenge on the topic of the self-handler in confront of the art. the 199 parliament that has approved of second.(on 6 July 2020).

Rome, 21 November 2020 Al Minister of infrastructures and the transports On. Paola De Micheli Al Minister of the economy and finances Dr. Roberto Gualtieri and p. c. Al Prime Minister of the Ministers Dr. Giuseppe Conte Al President of ASSOPORTI Dr. Daniele Rossi To the National Secretaries of the Labor organizations FILT CGIL, FIT CISL, UILTRASPORTI

Object: Vibrated protest for governmental nonperformances on you decree implementing legislation COVID 19 and reads budgetary (AC 2790) art. 120. Demand for the most urgent encounter.

Dear Ministers, as a result of the most serious pandemic that has hit our Country, with the most serious repercussions also in the harbour marine section and of the logistics, the Government is taken part with next containing bills measures in support of the field, of the workers and the enterprises. During the iter of conversion of the foretold ones you decree, are brought important improvements of the norms, own in order to answer in positive way to the advanced and supported demands from the labor organizations of the workers and the writing employers and Association that the great part of the job and the harbour enterprises represents. All thanks to the engagement of the Government and the On. them Deputies and Senators who have shown attention and sensibility towards the field.

Unfortunately, at a distance of six months from DL 34 2020, writing must take note, with alive disappointment, than it has not been still emanated NOBODY of Decreti Ministerial and Interdepartmental, previewed from the laws, in order to assign the resources allocated and in order to emanate norms of coordination and performance and distribution of the resources. Up to the present no providence in concrete terms is distributed and it proceeds in not uniform way by single the AdSP, provoking inequalities that they would not have to still sussistere in normal periods and more in a period, as is the current one, of emergency.

The bill 19 May 2020, n. 34, enacted 17 July 2020, n. 77, art. in particular the 199 and s. m. and integrations, send back to the emanation of Decree Ministerial and Interdepartmental, the performance of the benefits:

the codicil 1. letter a) that arranges the reduction of the concession canons cannot be put into effect and it is assisted for example to different interpretations of the Presidents of AdSP on the corresponsione of the benefits to the enterprises that have found a decrease of the advanced turnover pairs or to 20%. Some have granted to accounts, others have calculated the benefit in total way (if a reduction of 50%, reimburses 50%), others with justice have calculated the surplus between 20% and 50% and recognized 30% of benefits.

The codicil 1 letter b) that it arranges the benefits for the Companies and harbour Enterprises widely is inattuato and also in this case every AdSP proceeds independently. There are cases in which accounts are granted to the enterprises, others are resorted to loans near the Region, as you deprive of resources own and waiting for those previewed from the law, other anchor have not granted some refreshment. Moreover some AdSP calculates in day's works of 2019 (as it is previewed by art. the 199 purposely modified from the Parliament during conversion) also day's works carried out from the interim workers and others not.

Not there is trace of the DM of the MIT for the performance of codicils 6, 7 and 8.

Not there is trace of You interministerial decree MIT and MEF for the performance of the codicils 10-second, 10-ter and 10 quater.

At last still it has not been date performance to art.199-second of the foretold law 77/2020 (topic on which we enclose a specific note).

Draft, to warning of writing, of a consuntivo indeed desolating for the entire harbour field that would have instead to be dealt, at least with the attention that deserves regarding the completed efforts, and still to complete, for the resumption of our Country.

Instead in the law budgetary 2020 (text AC 2790) art. 120 in the several codicils (on purpose it is signaled that to codicil 6, probably for a misprint, the concessions are cited of which to art. 6 and 18 of law 84/94. Perhaps one agrees "16" and 18 and however it comes newly forgotten art. the 17), NOT FIGURE NO NORM THAT CARES the SUPPORT TO the HARBOUR AND MARINE WORKERS!

Decision that we consider unacceptable and to correct with all urgency by the Government.

Therefore the writing Association, in agreement with the C.U.L.M.V of Paride Batini of Genoa, asks an immediate encounter with the Minister for infrastructures and the transports in order to discuss on the following topics:

Law budgetary proposed in support of the workers;
You decree ministerial implementing of art. the 199 of law 77/2000;
I decree implementing of art.199-second and the controls of the Competent authorities;
Urgency of the nominations of the Presidents of the AdSP in expiration.
Necessity of coordination of the AdSP by the supervising Ministry.

To the encounter they would have to participate, to warning of writing, also the representatives of the labor organizations of the workers, than they read to us in copy.

In all wait the occasion is picked in order to send to all the units that they read to us faithfully yours.

President ANCIP
Luca Grilli

Document ANCIP - C.U.L.M.V. GENOA

on art. 199-second July 2020 reads 17, n.77
"SELF-HANDLER"

The harbour job represents a point of encounter between privatistiche and pubblicistiche disciplines, that it can be better comprised to light of the interests involved in the operation of the same ports.

The port, which government property equipped and functional to the commercial operations of marine transport, has an own market regulated from the 28 special law January 1994, n. 84, instrumental to satisfy interests publics, that is interests of a pluralità of subjects between which Public Administration, declined in Authority of Harbour System and Marine Authority, the harbour workers, the harbour enterprises authorized to the boarding and disembarkation of goods and the marine passengers, carriers, the industrial shippers, enterprises, the societies of economic interest general and, in any case, considered the strategic importance economic that social it is covered by the ports, the entire national collectivity.

The specialty of the ordering of the harbour job resides therefore in the necessity to constantly guarantee a efficient and qualified offer of job against a question not always constant and difficultly expectable.

The pubblicistico interest in regulating and maintaining in associate-economic balance the harbour labor market must be guaranteed from the State by means of the Authorities of Harbour System and, whereby not existing, the Marine Authority.

The "regulated market" of the job in the ports comes substantially put into effect through three members, that is "sottomercati": i) the member of the terminalisti operators (former art. 18 l. n.84/94); ii) the member of the authorized enterprises to carry out operations and servants harbour services (former art. 16 l.n..84/94); iii) the member of the starter (temporary, that is through legal institutes negotiates), of harbour labor (former art. 17 l. n.84/94).

The combination between the aforesaid ones "sottomercati" has found a various declination from port to port by virtue of its history, but also of the conveniences dictated from balances of power between the several subjects of local the harbour clusters.

The best organizational models of the harbour job are based essentially, as photographed and analyzed from the Plans Organic Port (according to the norm of which to the art.8, codicil 3, lett. s-second it reads 28 January 1994, n.84) on a efficient management of the job by the enterprises articles. 16 and 18 and above all of the Pool of former labor art. 17. A relationship between harbour operators, art 16, 18 and art 17, than over the years has consolidated, going to create a model of highly performing the harbour job it is in terms of efficient yield that in terms of safety, but above all flexible and to the vanguard in the times.

The Pool of former labor art. 17 l. n. 84/94, directed emanation and modern redefinition of the Harbour Companies former articles. 110 and 111 cod. nav. presses in 1994, represent the spine of the Italian ports and the unavoidable element of connection in the intermodal chain of the logistics, since thanks to the own high specialization and formation it affords to the harbour system to offer of the optimal services in terms of safety, efficiency, flexibility and returned maximum.

Over the years, with the authorized enterprises according to artt.16 and the 18 of the l. n. 84/94 an only working system in the Italian, agile and really flexible panorama has been created, that it has avoided to the same enterprises to proceed to excessive assumptions, regarding own requirements, risking lay-offs periodicals. Thanks to own functional and organizational specificities, art. the 17 have prevented in the years the uncontrolled precarizzazione of the harbour job.

A strategic importance for all the “System Country”, yield still more obvious from the current situation of serious economic, social and sanitary emergency ingendered from the spread of virus SARS-COV-2, whereby the Pool succeeds to guarantee, without not to put up with of the costs from the social economic point of view, the operating estate of the Italian ports.

The staff of the enterprises art.16 and 18 and above all that highly performing of the art.17 guarantees, inter alia, an elevated standard of safety about the accomplishment of the harbour operations, what that marine the boarded ones cannot make.

Contrarily to allegated how much from some datoriali associations of representation of the shipowning societies, the norm of which to article 199 second of the Bill 19 May 2020, n. 34 do not prohibit the self-handler of the harbour operations to carry out on the ships, but the necessity of rules and clear criteria restates in order to make to stop the exploitation of the marine ones called to operate, as well as in the phase of navigation, also in that of cargo and drainage of the goods. Practical that has been a cause of many accidents, some mortals, since really does not come prepared professional training besides the respect of standard of safety minimums.

These rules are necessary also in order to make to stop the problems of regulation of the market, rebelled for interpretations and various applications of the norm by the Authorities of harbour system, generating meaningful differences between a port and another.

A norm, that which orders the self-handler, therefore, than protects the workers, is marine that harbour, and the entire national harbour system, avoiding that forms of treacherous competition regarding the authorized enterprises are diffused articles. 16 and 17 law n. 84/1994, that is practical ones of social and wage dumping goods in foreign market, circumstances that could determine the failure of the regulated harbour market from many times over cited 28 special Law January 1994, n.84.

In other words, the possibility for the marine carrier, previewed and not prohibited from the enforced law, to operate in self-handler regime cannot, and it does not have, to represent a form of damage of the quality of the operations and the harbour services. A various approach would determine not only dangerous dysfunctions under the operating profile, but also an unjust and inadmissible violation of the principles in competition matter, in damage of the local enterprises, comprised that qualified one to the supply of temporary harbour job.

To this end it appears amazing the taken one of position, even though not binding, of the Guarantor Authority of the Competition and Market that critical the recent discipline of the activities of self-handler in the ports that safety of the workers, the safeguard of the passengers is assuring and productive and occupational continuity of the enterprises of the field. Amazing above all because ago with a signalling that recepisce, that's it and without conflicting, the requests of the associations of the shipowners.

Besides all this, it is being assisted to Hush, how much emblematic that worrisome, and to a do-nothing policy not justified of the Ministry of Infrastructures and Transports about the slavish application of that the Parliament of our Republic democratic has, sovereign, legiferato.

It cannot be more assisted unarmed and silenti in front of these soprusi and to these unjustified ones, how much unwarrantable, interferences. The Agencies and the prelocated Agencies, therefore, would have to go to search the distortions of the competition where really they exist. So making they will discover the hundreds of million euro, that is billions of money publics who, over the years, are allocated “elsewhere” and not sure towards the enterprises articles. 16, 17 and 18 of the law n. 84/94. They would also discover whereby have created the true ones “place dominant”, not certainly in the harbour workers who operate on the base of public and equal rates for all the users.

As premised, the specialty of the ordering of the harbour job resides in the necessity to constantly guarantee a efficient and qualified offer of job against a question not always constant and difficultly expectable, all with highest standards of safety.

In this center it is right to restate with force that, in a so dramatic moment as what we are living, the workers of the Italian ports in fact have guaranteed until now supplying of the entire nation, avoiding of the socioeconomic financial ruin.

In order to maintain to these high standards of managerial efficiency and operating flexibility, the Legislator has adopted, in the recent past, some normative actions in order to safeguard the economic estate of the former authorized enterprises art.17 law 84/94 and, consequently, to maintain national the harbour System efficient and competitive.

Therefore it goes immediately put into effect the disposed one of law 77/2020, art. 199-second.