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17 January 2022 The on-line newspaper devoted to the world of transports 09:06 GMT+1



December 15, 2021

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Original news
Fedespedi rejoices for the modernization of the Civil Code on the shipping contract

Finally - underlined the federation - logistics Italian comes out of provincialism and crushing on a single mode (road) that have distinguished it until today from a regulatory point of view

Fedespedi expressed satisfaction with yesterday's approval by the House Budget Committee of the proposal of the federation of Italian shipping houses volta the modernisation and updating of the rules on shipping contract contained in the Civil Code, with its inclusion in the process of conversion into law of the decree-law 152/2021 of implementation of the National Recovery and Resilience Plan. Fedespedi stressed that this is an important result for the federation, the result of study and multi-year commitment of fedespedi's Legal Advisory Body, led by President Ciro Spinelli and the joint work with Confetra at institutional level which had already led to the approval of the proposal at the CNEL, within the framework of the three bills for the simplification of the regulations of the Italian logistics system presented by Confetra itself.

Fedespedi noted that "with the updating of the discipline of the shipping contract finally logistics Italian comes out of provincialism and crushing on a single mode (road) that have distinguished it until today from a normative point of view. In particular - explained the federation - the strategic value of the part is recognized logistics supply chain software, of which freight forwarders they are a fundamental node. This innovation - highlighted Fedespedi - will be a boost of competitiveness for the logistics and shipping companies and goes in the direction traced by the MIMS, which on the occasion of the Agora Confetra announced that want to launch in the spring a framework measure that addresses and try to untie the many intangible and regulatory knots, the logistics software, which undermines the competitiveness of the Italian logistics».

"In general - specified Ciro Spinelli - it is a question of a modernisation of the rules, aimed at better clarifying and simplify the application of the "new basic rules" that will govern the relations between the companies they transport, import and export their goods in the world and the companies of shipments to which the shipping mandate is entrusted, with the hope of helping to minimise both the risk of multiple interpretation of civil devices and the conflict between the parties involved. A positive aspect, not to be overlooked, in a moment like the current one, complicated for the global supply chain resilience, under pressure from pandemic and the rebound of the world economy, with the results negatives that we all know with respect to cost and reliability transport, supply difficulties and breakdowns of stock'.

'The return of the shipping contract to the institution of the mandate - continued Spinelli - clarifies unequivocally the fiduciary component of the business-freight forwarder relationship: finally clarified the figure of the shipping company as "international business advisor". The reference to applicable international conventions and in the various ways of execution of the transport and descending responsibility of the operator, finally gives to the activity of the shipping company the global breath that is to it precisely in modern times, also from a regulatory point of view».

Fedespedi specified that the reform "is fundamental also from another point of view, no less important: the adaptation of the discipline of the contract of dispatch to modern practice, both by repealing references to practices obsolete or obsolete, both by accepting all those current aspects already recognized by jurisprudential practice. So the Code civil finally reflects what today is the activity of international shipping'.

"It is - commented the president of the federation, Silvia Moretto - a great victory for Fedespedi, for Confetra, for all Italian logistics. Finally it is recognized and incorporated into our system the value of the development had by the international shipping industry in the last 70, 80 years. Phenomena such as the advent of the container in the 50s and the globalization of trade until now were not reflected in the old discipline of the shipping contract. The data extremely positive, I think for the country, lies in the fact that the Draghi government, Minister Giovannini, Parliament and, in the specifically, the Budget Committee of the Chamber have recognized without prejudice the technical goodness and the value of a proposal from below, from our confederal system, which aims to simplify, clarify, modernize the discipline of the contract of Shipments. This is the result of the culture of dialogue, of which politics has reappropriated in this new season of renewal, and this is the value that the associative representations can give to growth and development of the country".

PSA Genova Pra



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