Assiterminal calls for the adoption of a single regulation on port concessions

Referring to the Ddl and remembering that it was indicated the May as the deadline for its conversion into law, the director of Assiterminal, Alessandro Ferrari, denounced that "without clear ideas and uniformity, little progress is made: the time to create a single regulation on concessions ports - he underlined - there would still be " and he specified that an impulse in this direction should come from the Ministry of Sustainable Infrastructure and Mobility, dicastery - noted Ferrari - which should regain possession of «that role of regulator and director that over the years seems having dispersed but that we all ask him to recover in the facts'.

"Repeatedly - complained the director of Assiterminal - we are witnessing different interpretations by some Authorities of Port System on the application of the rules on the subject, for example reduction of the concessionary fees or on the extensions of the concessions, or we read about leaps forward on regulations for the renewal or redistribution of tailor state concessions Made. We cannot understand persistence, among other aspects, the difficulties of accepting and putting into practice, principles of the economic and financial rebalancing of concessions of facing, among other things, the challenges of digitalization and sustainability they place both the private concessionaire and the Grantor State.'

"Each - Ferrari noted - has its own models, from Trieste to Genoa, passing through Ravenna and Palermo: it is true that kingmakers are now constantly changing but - highlighted the director of Assiterminal - the prerequisites for creating a system effective port logistics there could still be, through a model in which the puzzles are held without dispersing the pieces».


Draft Law No. 2469 Art. 3. (Concession of port state areas)
Draft Law No. 2469
Art. 3. (Concession of port state areas)
Art. 3. (Concession of port state areas)

1. Article 18 of Law No 84 of 28 January 1994 is replaced by the following:

'Art. 18. - (Concession of areas and docks) - 1. The Port System Authority and, where not established, the maritime authority shall grant concessions to the state-owned areas and docks included in the port area to the undertakings of which Article 16, paragraph 3, for the completion of operations port, without prejudice to the use of the buildings by public administrations for the performance of relevant functions maritime and port activities. They are also licensed by the System Authority port, and where not established, by the maritime authority, the realization and management of works related to the activities maritime and port placed at sea in the context of mirrors waters external to the forane defenses also to be considered as such end of port area, provided they are affected by traffic port and the provision of port services also for the construction of facilities for embarkation operations and disembarkation fulfilling the functions of the maritime port. The concessions are entrusted, after determining the relative fees, whether or not commensurate with the size of port traffic carried out there, on the basis of public procedures, initiated also at the request of a party, with publication of a notice, in the respect for the principles of transparency, impartiality and proportionality, ensuring conditions of competition Actual. Alerts define in a clear, transparent way, proportionate to the subject-matter of the concession and not discriminatory subjective requirements for participation and criteria selection of applications, as well as the maximum duration of Concessions. The warnings also indicate the elements concerning the end-of-concession treatment, also in relation to any compensation to be paid to the outgoing dealer. The minimum time limit for receipt of requests to participate is thirty days from the date of publication of the notice.

2. Until the expiry of the concessionary licence, this is without prejudice to: the fees established by the Port System Authorities relating to concessions already granted on the date of entry into force of this Law.

3. The reserve of functional operating spaces for the development port operations by other non-owner undertakings of the concession takes place in compliance with the principles of transparency, fairness and equal treatment.

4. Concessions for the establishment and operation of deposits, and establishments referred to in Article 52 of the Navigation Code, and the works necessary for the supply of the same, declared strategic pursuant to Law no. 239 of 23 August 2004, have a duration of at least ten years.

5. Concessions may also include the realisation of infrastructural works.

6. For the purposes of granting the concession referred to in paragraph 1, required that the participants in the award procedure: submit, at the time of application, a programme of activities, assisted by appropriate guarantees, including surety, face the increase in traffic and productivity of the port; possess adequate technical and organizational equipment, suitable also from the point of view of safety to meet the needs of a continuous and integrated production and operational cycle on its own behalf and on behalf of third parties; provide for a workforce in relation to the activities referred to in point (a).
7. In each port the concessionaire of an area state property must directly exercise the activity for the which one has obtained the concession and cannot be at the time same concessionaire of another state-owned area in the same port, in less than the task for which it requires a new concession is different from that referred to in the concessions already existing in the same state-owned area, and can not carry out port activities in spaces other than those that are were awarded under concession. The prohibition of cumulation referred to in the first period does not apply in ports of economic importance international and national, identified in accordance with Article 4, and in this case, the exchange of labour between the different state-owned areas given in concession to the same company or to subjects, however, attributable to the same. On a reasoned request of the concessionaire undertaking, the granting authority may authorise the assignment to other port undertakings, authorised to pursuant to Article 16, the pursuit of certain activities included in the operating cycle.

8. The Port System Authority or, where not established, the Maritime Authority shall carry out investigations with annual frequency in order to verify the permanence of the requirements owned by the dealer at the time of issue of the granting and implementation of the investments provided for in the programme of activities referred to in paragraph 6, letter a).

9. In case of non-compliance with the obligations assumed by the part of the concessionaire, as well as failure to reach the objectives set out in the programme of activities referred to in the subparagraph 6(a), without justified reason, the port system or, where not established, the authority maritime declare the forfeiture of the concessionary relationship.

10. The provisions of this Article shall also apply to deposits and establishments of petroleum and chemical products in the state liquid, as well as other related products, sites in the field port '.