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19 April 2024 - Year XXVIII
Independent journal on economy and transport policy
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Italian Assoporti and the AdSP illustrate their resource near the Court of the EU on the taxation of the ports
The EU commission - the recurrent ones support - has curled a series of clamorous interpretative errors
April 1, 2021

The position of the EU commission with respect to the taxation of the organisms is clear for a long time that the ports of the EU govern, than - according to Brussels - whereby exercises activity of economic type must be subordinates to the European norms on the aids of State and, in the event that economic activities operate exactly, they must be subject to the income taxes of the societies.

It is clear from equally and still more time the opinion of Italy on the issue: the Italian Harbour Authorities, now become Authority of Harbour System (AdSP), operate for the State administering for its account the state property areas of the ports, included the activity of collection of the concession canons there, and are all fuorché of the enterprises whose lead EU must fall back under the norms on the state aids.

At the end last year the EU commission has asked Italy to cancel the exemption for the AdSP from the taxes on the societies, lacked subjugation that would represent an aid of incompatible State with the communitarian norms(on 4 December 2020). Order against which the Italian Authorities of Harbour System have been lined up compact that, with the coordination of the Association of the Italian Ports (Assoporti), have deposited near the Court of the European Union a resource asking the cancellation for the decision of the Commission. The motivations of the resource are explained today by the president of Assoporti, Daniele Rossi, with the presidents of the AdSP who specifically have dedicated themselves to the composition of the resource, Massimo Deiana and Ugo Patroni Griffi, assisted from a team of lawyers constituted by lawyers Francesco Munari, Stefano Zunarelli, Gian Michele Roberti and Isabella Perego whom the resource has introduced.

For the presidents of the AdSP, the resource does not represent a battle against the EU, but for a corrected application of the communitarian norms and more rather against the decision assumed from the EU commission that - it has emphasized Deiana - "has curled a series of clamorous interpretative errors", between which most obvious - it is explained in the resource - it is that "to ignore the pubblicistica nature of the chosen model of harbour organization from the Italian legislator".

In the resource one various evidences that the Member States of the European Union second have organized the harbour field systems of different governance a lot and that, from the other Member States (France, Belgium and Holland) to which the EU commission it has sent analogous decisions about the regime of taxation of the limited companies that in such States the ports commercially manage, arriving sometimes - it is emphasized - to carry out harbour operations and services, "Italy has classified friendly publishes, in coherent and systematic way, every aspect legacy to the harbour field: the property of the assets, pertaining to the Federal property out of stock of the State, the administration of same, the classified one in via exclusive right to the AdSP territorial competent, the collection by the AdSP of the state property canons by the concessionaires, that they are real taxes paid from the concessionaires directly to the State and solo collected from the AdSP".

According to the recurrent ones, the Commission would garble also "the role and the prerogatives of the AdSP that, in the Italian ordering, belong under the organic and functional profile to the State". It is observed in fact that, "as Public Administration, to the AdSP is recognized the same prerogatives that are up to the other infrabeen entities them, as the Regions or the Municipalities, to which the State confers the task to administer determined territorial areas". E regions other local authorities who "manage the assets publics with the same modalities applied from the AdSP. For example - it is found - the access to the private ones is afforded by means of concession - and not with a lease, as it supports the Commission - and against the contextual collection of a tax for the occupation of the public good, collected from such territorial agencies".

To warning of the recurrent ones, "he is therefore logical and coherent that AdSP, Regions, Municipalities and the other infrabeen entities tied them to the State from an organic and functional relationship are subject to the same regime under the profile of the tax of the societies. In fact, second the Italian fiscal discipline - it remembers - nobody of these subjects is subject to IRES".

A central node of the issue is that of the paid canons of concession from the harbour terminalisti for being able to have use of the areas on which they exercise their activities. The EU commission considers that who has the property of the areas, little imports if it is a private one, a public body or the State, which lessor must be subject to the income taxes of the societies. According to Assoporti, the AdSP Italian and the law firms that have assisted to them, instead, draft of a wrong interpretation that on behalf excludes the fiscal nature of the state property canons and the harbour taxes collected by the AdSP of the State. The recurrent ones emphasize that in the decision of Brussels, in fact, "it is not recognized that, in the Italian ordering, the state property canons (and, to greater reason, the harbour taxes) are not a fee of an economic activity (nonexistent), but the performance of a tax, whose amount is fixed directly from the second law fixed parameters legacies to the surface of the granted area that owner of the good is paid by the concessionaire to the State". The recurrent ones emphasize that the AdSP "are limited on behalf to collect such tax of the State and, therefore, not even of it does not negotiate the amount with the interested subjects".

It is specified moreover that, with regard to, Law court of the EU and EU commission "have constantly considered that the presence of a directly fixed canon from the enterprise that manages an infrastructure is unavoidable condition to the aims of its qualification as enterprise: if the fee only is negotiates, in fact, it is in the presence of an economic activity". "This not verification if of species", they newly clarify the recurrent ones that emphasizes as "the fiscal nature of the state property canons and of the harbour taxes however confirmed from the fact that on the same ones is not due the VAT, based on the general principle for which taxes are not paid on the taxes". They observe moreover that, "on the other hand, in all the States other members to which the Commission it has contested the exemption from the taxation of the companies that manage the ports there, the same fees that the riscuotevano from the harbour user were, incoherently, subjects to VAT".

"The fixed measure of the canon for all the concessionary aspirants - the recurrent ones still emphasize - demonstrates that the AdSP cannot modify the price of the "assets" that, second the erroneous formulation of the Commission, they would offer on the "market" in order to stimulate subjects third party to use the port that falls back under their territorial competence". According to Italian Assoporti and the AdSP, "that confirmation ulterior a serious error store clerk from the appealled decision: the rules in matter of aids of State - they explain - are only applied in the fields opened to the competition that, in fact, must be prejudiced from the presumed aid, to pain of the inapplicabilità of the norms on the aids. Since Italy is instead classified in exclusive right is the property is the administration of the harbour state property assets, and therefore it has not opened to the competition the harbour field - moreover the recurrent ones find opening wide the doors to the most varied convictions are relatively to the meaning of "competition" are to that of "harbour field" - art. the 107 TFUE is not applicable to the AdSP, giacché with regard to their activities does not exist some "market" neither not even potential competition. And in fact the Commission has not characterized some concurrent enterprise of the AdSP, neither could. Not being to us a market, they cannot be effects you distorted you to us of the competition on the same one".

"At last - the recurrent ones conclude - equally that part of the appealled decision is roved in which the Commission it considers that the exemption of the AdSP from the income tax of the financial societies would determine a burden borne by the State. In fact, the entrances of the AdSP, included the taxes there that they collect on behalf of the State, are subject to destination tie and are finalized to afford the realization of the institutional mission of the AdSP, i.e the administration of a part of territory on behalf of the State. Hypothetical corresponded how much for a reason or purpose of income tax therefore would be compensated by the State with greater contributions to the operation of same the AdSP that cannot stop their administrative activity (to the pairs, once again, of E regions Municipalities)".

Introducing the motivations of their resource, Assoporti, the AdSP and the team of lawyers they have found that "in absence of a harmonization at the level of the Union”, “the Member States second have organized the harbour field systems of different governance a lot”. It would come to reply that the initiatives of the EU commission are own understandings to introduce that harmonization between the different model currently of governance harbour in vigor in the EU. A harmonization that - it could, to tell the truth, also be observed - would go searched through initiatives agreed from the legislative organ of the European Union rather than through “you decree governmental” emitted from the executive organ of the EU.

Harmonization that, being to the words of the team of lawyers that has assisted Assoporti and the AdSP, parrebbe to be arduous much to reach, at least by Italy. It has been spoken, in fact, of a real Copernican revolution necessary in order to evidently change to the current Italian model of management of the ports, intending in this case that of Copernico as a decline rather than an evolution.

Still more tranchant the opinion than Ugo Patroni Griffi: “the model neither meat neither fish - it has supported - does not work”.

He seems to understand that, or the European judges receive the theses of Italy, or collapse the world. Nevertheless he has not happened not even with Copernico.

We had already understood with the reactions to a our editorial on the “wall against wall” between Italy and EU commission on the taxation of the ports(on 7 December 2020). More than a issue than model of governance, draft of an ideological issue, where for ideology one refers to us to the convictions on the existence of God. From which: ideologies that are immutable.

Whoever writes is convinced that the truth is changing and from europhile, stealing the words to the Zarathustra di Nietzsche, the homelands of the fathers and the grandfathers would invite rather to being outcast from all and to love the earth of the sons.

Bruno Bellio
›››News file
FROM THE HOME PAGE
Fincantieri has delivered the new cruise ship Queen Anne to Cunard
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Concordate with Princess Cruises the postponement of the delivery of the Star Princess
International shipping associations call for help at U.N. to protect shipping
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In February, shipping traffic in the Suez Canal declined by -42.8% percent.
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The Cairo
Net tonnage of the naviglio down -59.8% percent. Drastic reduction of -53% of the value of transit fees
The World Shipping Council points to the EU the way to support the economy and trade
In Norway, the construction of the world's two largest hydrogen-powered ferries
In Norway, the construction of the world's two largest hydrogen-powered ferries
Brønnøysund / Gursken
Order of Torghatten company at the shipyard Myklebust
The freight traffic in the port of Rotterdam in the first quarter was down by -1.4% percent.  Increase of containers
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Rotterdam
Strong increase (+ 29.0%) of feeder ships departing from the Dutch stopover to the Mediterranean ports
In the first three months of 2024, freight traffic in Russian ports fell by -3.3% percent.
St. Petersburg
Drastic reduction of passenger traffic in the Crimean port scans
In the first three months of 2024, freight traffic in Russian ports fell by -3.3% percent.
Tytgat (SEA Europe) : A European maritime industrial strategy is urgently needed
Brussels
Round table with representatives of the institutions of the European Union
Joe Kramek will be the next president and CEO of the World Shipping Council
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Washington / Brussels/London / Singapore
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In the first quarter of this year the traffic of goods in the port of Antwerp-Zeebrugge grew by 2.4%
In the first quarter of this year the traffic of goods in the port of Antwerp-Zeebrugge grew by 2.4%
Anverse
On the increase the containers. Decrease in other loads. Belgian, Dutch and German ports urge European governments to ensure that industries remain in Europe
Partnership of HD Hyundai Heavy Industries and Anduril Industries in the Field of Maritime Defense
Orange County / Seoul
Envisage the design, development and production of new types of autonomous naval systems
d' Friend International Shipping orders two new tankers LR1
Luxembourg
Commits to China's shipyard Jiangsu New Yangzi Shipbuilding Co.
Global Infrastructure Partners waives to acquire 49% percent of Malaysian MMC Port Holdings
New York
CMA CGM Air Cargo announces its first transpacific line
Marseille
Three aircraft will be taken over between summer and early next year.
In 2023 new annual historical record of maritime traffic in the Stories of Malacca and Singapore
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Port Klang
The previous maximum peak had been reached in 2018
HMM announces the nearly doubling of fleet capacity by 2030
Seoul
Expected 63% increments of the volumes transportable from container carriers and 95% in the bulk carrier sector
In the first quarter of 2024, the Port of Singapore handled ten million containers (+ 10.7%)
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Singapore
The overall traffic in goods increased by 7.6%
Iran has given way to the attack on Israel with the seizure of the container ship. MSC Aries
London / Manila
Le Aziende informano
ABB fornirà la sua soluzione per il Cold - Ironing nel Porto Internazionale di Portsmouth
The construction of the new Venetian container terminal in Porto Marghera is being carried out.
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Venice
It will be able to accommodate Panamax vessels and will have an annual traffic capacity of one million teu
The French Senate has approved a bill to limit the right to strike in transport
The French Senate has approved a bill to limit the right to strike in transport
Last year container traffic in Malta decreased by -11.4%
Last year container traffic in Malta decreased by -11.4%
The Valletta
Crucierists in growth of 59.1%
Approved by the Transport Commission of the Spanish Congress a proposal to improve the competitiveness of the REC Ship Register
Madrid
Applause from ANAVE. The number of national flag merchant ships has fallen to the all-time low
Pirate attacks on ships have been growing.
Pirate attacks on ships have been growing.
London
Recrudescence of Somali piracy
Assshipowners, well the decree that delegates security checks to recognized bodies
Rome
Messina : a concrete step forward in the optics of an ever greater competitiveness of the Italian flag
Le Aziende informano
Protocollo d'intesa tra l'Autorità di Sistema Portuale del Mare di Sicilia Occidentale e l'Escola Europea di Intermodal Transport
Maritime traffic in the Panama Canal is expected to gradually normalize from here to 2025
Balboa
The start of the rainy season, expected at the end of the month, is expected to lift the number of ships transits from 27 to 36.
Last year on world cruise ships the record number of 31.7 million passengers (+ 55.4%) was embarked on.
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Miami
Past the historic peak of the pre-pandemic year of 2019
Updating the rules governing the berth service
Rome
Ok the government to decree establishing public company to manage state-owned toll roads
Agreement between Mercitalia Logistics and Logtainer for the development of intermodal services that integrate transport on iron, rubber and sea
DFDS buys the entire network of self-transport services between Turkey and the Europe of Ekol Logistics
Copenhagen
Transaction of the value of 260 million euros
13.8 million crucierists are expected in Italian ports this year.
Miami
Cemar expects a new traffic record that will be broken as early as 2025 with 13.9 million passengers
Africa Morocco Link has changed ownership
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51% percent of the capital went from Bank of Africa to CTM and 49% percent from Attica to Stena Line
NCL orders Fincantieri four new cruise ships with letter of intent for four more units
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The Spezia and Carrara try to break down the bell towers and solicit cooperation at the ports of Genoa and Savona
The Spezia
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Taranto
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The outer Levant dock of the Arbatax port has returned fully operational
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In August 2020 he had been shouted by the ferry "Bithia"
The Port of Los Angeles closed the first quarter with a 29.6% percent growth in container traffic
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Zurich
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The crisis of the Cooperative Sole Workers of Porto Flavio Gioia officialized at institutions and trade unions
Salerno
USB Mare and Porti, what's going on in the port of Salerno is the result of pressure from shipowners
Euronav sells its own ship management company to Anglo-Eastern
Antwerp / Hong Kong
Manages the fleet of tanker ships of the Antwerp company
Genoa Shipbuilding Industries has acquired a submersible barge of the cargo capacity of 14,000 tonnes
Genoa
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Venice Cold Stores & Logistics obtains the qualification of tax warehouse for wines and sparkling
Venice
Extension of the services offered to companies in the wine sector
Gasparate urges to exempt property of interports from payment of the Imu
Nola
President of the Union Interports Reunited warned that with the PNRR construction sites the railway intermodality is at risk
SAILING LIST
Visual Sailing List
Departure ports
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- country
- geographical areas
Hapag-Lloyd plans future investments to expand business in the terminal and intermode sectors
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Set up a consortium to decarbonize transport on the northern Pacific route
Vancouver
It is formed by nine companies and entities and is open to other partners
In the first quarter of this year, container traffic in the port of Long Beach increased by 16.4%
Long Beach
In March, the increase was 8.3% percent.
Delivery of the work of consolidation of the foranea dam of the port of Catania
Catania
Procurement of the value of 75 million euros
Plan to improve in Genoa and Savona the rail links with cruise terminals and airport
Genoa
It was presented today in the Ligurian capital
From 10 to May 12 at Spezia will be held "DePortibus-The festival of ports that connect the world"
The Spezia
The programme provides for technical events and cultural proposals
Three new STS cranes have arrived in the Kenyan port of Lamu.
Mombasa
They will be able to work on container ships of the capacity of over 18mila teu
One hundred new IVECO trucks powered by HVO in the Smet fleet
Turin
They will be taken over in the course of this year
In the first three months of this year, goods transported by rail between China and Europe increased by 10% percent.
Beijing
Operated 4,541 trains (+ 9%)
In the first quarter of 2024, container traffic in the port of Hong Kong fell by -2.3%
Hong Kong
In March, the decline was -10.6% percent.
The regasification terminal FSRU Toscana left Livorno direct to Genoa
Livorno
In the Ligurian scalp and then in Marseille maintenance interventions will be carried out
Confirmed to Tugchiers Meeting Port of Genoa the granting of trailer services in the port of Genoa
Genoa
Planned investment of 35 million euros to renovate fleet
In the first quarter of 2024, OOIL revenues decreased by -9.0%
Hong Kong
Containers carried by the OOCL fleet increased by 3.4%
Mattioli (Federation of the Sea) relaunches the propulsive role of maritime clusters
Rome
Today, the National Sea Day and the marinara culture are celebrated
In the first quarter of 2024, the revenues of Yang Ming and WHL grew by 18.5% and 8.1%
Keelung / Taipei
In March the increments were equal to 20.3% and 8.6%
In 2023 the freight traffic handled by the State Railways Group fell by -2.0%
Rome
The Logistics Pole posted a net loss of -80 million euros, up 63 million euros.
Port of Genoa, inaugurated new rooms of Stella Maris at Maritime stations
Genoa
They are intended for the welfare and socialization of seafarers in transit in the Superba
PORTS
Italian Ports:
Ancona Genoa Ravenna
Augusta Gioia Tauro Salerno
Bari La Spezia Savona
Brindisi Leghorn Taranto
Cagliari Naples Trapani
Carrara Palermo Trieste
Civitavecchia Piombino Venice
Italian Interports: list World Ports: map
DATABASE
ShipownersShipbuilding and Shiprepairing Yards
ForwardersShip Suppliers
Shipping AgentsTruckers
MEETINGS
On April 11, the sixth edition of the "Italian Port Days" will begin.
Rome
Also this year the project has been divided into two sessions : the first in the spring and the second from September 20 to October 20
On April 16 in Nola, the national conference of the Union Interports Reunited
Nola
Event " Interports to the center. A strategic network for Italy "
››› Meetings File
PRESS REVIEW
Iran says MSC Aries vessel seized for 'violating maritime laws'
(Reuters)
Le transport maritime national navigue à vue
(Aujourd'hui Le Maroc)
››› Press Review File
FORUM of Shipping
and Logistics
Relazione del presidente Mario Mattioli
Roma, 27 ottobre 2023
››› File
Germany's Dachser has acquired the compatriate Brummer Logistik
Kempten
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Taipei
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Cooperation pact between the associations of the ports and ferry companies of Greece
The Piraeus
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Cyvitavecchia
Passenger of line services growing by 10.0%
RINA will collaborate on the sustainable development of ports and shipping of Indonesia
Genoa
Contract with the World Bank
In Udine the Officine Rotable Maintenance of FVG Rail has been equipped with a lawn back in fossa
Procedure
Interporto Padova's assembly to merge for incorporation of the Zip Consortium
Padova
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Izmir
On the way an investment of 240 million
Deutsche Bahn would have solicited a group of potential bidders to submit proposals to acquire DB Schenker
New York
The invitation addressed, among others, to DSV, Maersk and MSC
Interferry calls on governments to use carbon tax revenues to equip the harbour quays of cold ironing
Victoria
Corrigan : 'imperative that the extensive installation of OPS facilities is undertaken with urgency'
Training courses for GNV crews to avoid collisions with cetaceans and sea turtles
Genoa
Made together with the research body Foundation CIMA, they also promote the protection of biodiversity
DP World and Rumo will carry out a new grain and fertilizer terminal in the port of Santos
Curitiba / Dubai
Expected an investment of nearly 500 million
Singaporean ONE will restructure the feeder service between the Adriatic and Egypt
Singapore
You will include scals in Trieste and Piraeus
Over 700mila crucierists approved in 2023 at Spezia spent a total of 71.2 million euros.
The Spezia
68.3% of this sum for the purchase of organized tours
New rail services of Rail Cargo Group between Austria, Germany and Italy
Vienna
Increase in the frequency of departures on the Duisburg-Villach-Lubiana line
Five more ULCV banchina cranes for the Malaysian port of Tanjung Pelepas
Gelang Patah
They have been ordered to Chinese ZPMC
On April 11, the sixth edition of the "Italian Port Days" will begin.
Rome
Also this year the project has been divided into two sessions : the first in the spring and the second from September 20 to October 20
Autonomous driving systems ensure benefits to self-driving companies and drivers, ensure from China
Shanghai
Deshun Logistics tests the technologies of Inceptio Technology in commercial travel
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