Confetra asks the government contractual freedom in utilities and operating customs h24



Confetra, the General Confederation Italiana of the Transports and the Logistics, with a letter addressed to the Prime Minister Berlusconi, that we publish below, has asked the government to favor the income of the private operators in utilities (the railroads, mail, ports and airports) liberalizing the counterfeit of field, and to guarantee the operativity h24/seven days on seven, of customs, also resorting to territorial conventions with the relative burdens at the expense of the productive categories.

"The proposals subordinates to the government - the president of Confetra has explained, Fausto Forti - are coherent with the objectives of removal of constraints to the competition and modernization of Public Administration and are to cost zero for the state treasury". Both the proposals - it has specified Strong - concern to the world of the logistics, a field to upgrade as engine of development for all the economic system, so as they teach the experiences of the more industrialized Countries: "the resistances to these two series initiatives - it has found - come just from those rear fields or assisted that they hinder the modernization of the Country and in it confronts of which the government is called, today more than ever, to assume a precise position".


CONFETRA
The President
CONFETRA
The President

Most illustrious
on.dr.cav.lav. Silvio Berlusconi
Prime Minister of the Ministers
ROME



Rome, 4 November 2011

Egregio and Caro Presidente,

in the effort immane that Its Government and all the Country are called to complete for the development of the economy without to carve the measures of stabilization financial institution already decided, I afford of sottoporLe two coherent proposals to cost zero with the objectives of removal of constraints to the competition and of modernization of Public Administration.
Both the proposals concern to the world of the logistics, to traguardare which powerful engine of development for all the economic system, as they teach the experiences of the more industrialized countries.
The first proposal intends to favor the income of private operators in the fields liberalized (railroads, mail, ports and airports) making clarity on the applicable counterfeit that cannot be obligatorily that of the former enterprises monopolists, but must be free provided that it does not prejudice the protections of the workers. A various formulation risks to kill in the crib the newborns entrepreneurial initiatives, species in the utilities.
The second proposal is finalized to guarantee seven days on seven, 23 hours a day, as happens in the concurrent countries, the computerized operation of our customs, with the relative burdens at the expense of the users.
The resistances to these two series initiatives come just from those rear fields that hinder the modernization of the Country and in it confronts of which the Government is called today to assume a precise position.
Depending on Its sensibility, remainder to Its disposition for any deepening.
I thank for the attention and porgo the my better salutes

Fausto Forti




CONTRACTUAL FREEDOM IN THE LIBERALIZED FIELDS

To the aims of the release of authorizations, of concessions, licences or however of certifications of suitability to operate in railway, harbour, airport or postal within, the purpose to harmonize the economic and normative treatments of the dependent of the enterprises in order to avoid distortions of the competition is satisfied with the application by the same contract enterprises national collectives stipulated from trade associations and labor organizations of the comparativily more representative workers on a national level.


The norm is proposed to guarantee the effettivity of the principle of trade-union freedom of which to article 39 of the Constitution. Recently that principle and which questioned state, in the postal and railway field, from normative participations faces to assert legitimacy of only contracts of reference (art. 1, codicil 14 de D.LGVO n 58/2011 and art. 8, codicil 3 second of law n 148/2011) and, in the airport field, from restrictive interpretations times to impose application CCNL Assaeroporti (Enac regulations of the 23.3.2011 on the "Certification of the lenders of airport services of assistance to earth").
Against the illiberality of only contracts they have many times over taken position is the Authority Antitrust (audition to the Chamber of the 26.10.2001 and signallings nn. 869 de 14.9.2011, of 15.1.2008 and 424 of the 26.10.2007) that the administrative magistracy (sentence REGIONAL ADMINISTRATIVE COURT Lombardy n. 1329 of the 7.5.2008 and sentences of the Council of State nn. 3450, 3302, 3821 and 3301 of 2006).




TIMETABLE CUSTOMS OFFICES

The customs Offices every day guarantee from hours 01,00 to 24,00 hours the acceptance of the declarations in ordinary procedure and simplified procedure introduced in via data transmission, let alone the computerized reply to the operators of the relative outcomes gushed automatically from the system.
In particular immediately the outcome of interchange of the goods, that is demand for ulterior documentation, that is visit of the goods is communicated to the operator. To the computerized presentation by the operator of the ulterior demanded documentation, the Office of it gives reply in the short possible time communicating the relative outcome to the operator.
In order to guarantee the effective availability of the Computerized Customs Service in the terms indicated in the codicils precedence, the territorial competent Directions of the Agency of Customs are authorized to stipulate conventions with trade associations interested for being able themselves to make use, with the relative burdens at the expense of the aforesaid associations, of which joined doganalisti the professional registers of which to the law 22 December 1960, n. 1612, and of credited auxiliary they in customs.


The modern commercial traffics need of customs services H24, seven days on seven. In spite of the telematizzazione, in order to guarantee on the 24 hours the reception and the treatment of the declarations in import and export and of other necessary documents for the interchange of the goods it would be necessary to reinforce main Italian customs (harbour, airport and of the inside) being rationalized the distribution on the territory of beyond 9.000 dependent of customs. This process meets obstacles of normative and trade-union type moreover, not easy overcoming.
This circumstance, joined to the infrastructural deficiencies and the bureaucratic dysfunctions of the Italian logistic system, is progressively provoking to distortions d traffic towards customs of more efficient European countries.
Only in terms of custom duties, to clearly of the resources own delI'UE, and without to count the trasportistico induced one and of the logistic workings, this diversion provokes to a direct and immediate damage for internal the estimable State treasury to 1 billion of euro the year.
The norm that is proposed, inspired to the discipline of the auxiliary ones of the traffic of which to law 127/1997, it is finalized to borne by the State resolve in times breviums and without burdens the deficiency of customs staff resorting to the certifyd professional ability to the "customs brokers" (of which to article 40 and ff. of the Consolidated act of the Customs Laws and to professional law 1612/1960), let alone to the availability to finance the initiative by Trade associations interested. Those Associations (of the manufacturers, the traders, the operators of the shipment, the transport and the logistics of the goods) candidate themselves in fact to convenzionare with the competent Regional Direction of Customs in order to load the burden to pay salary to the customs brokers who will be employed by Customs in order to guarantee some services essential to carry out themselves exclusively in via data transmission on the 23 hours.