The Presidents of the Italian Port System Authorities
expressed their strong disappointment at the statements by
Nicola Zaccheo, President of the Regulatory Authority of
Transport, included in the presentation of the ART Annual Report
took place on Tuesday at the Chamber of Deputies. In
particular, the presidents of the AdSP have harshly criticized the
passage in which Zacchaeus dwells on the new assigned role
to the ART on the subject of port concessions: "I would like to point out -
specifies Zacchaeus in the report - the recent involvement
of the Authority in the definition of the plans schemes
economic and financial of port concessionaires, finalized, between
the other, the determination of an appropriate duration of the
concessions, as well as the definition of industry benchmarks.
The role of the Authority in this area is provided for by the
Guidelines adopted by decree of the Minister of Ministers of
Infrastructure and Transport no. 110 of 21 April 2023, "on
Detailed rules for the application of the Regulation governing the discipline of the
for the granting of concessions of areas and docks, approved with
Decree of the Minister of Infrastructure and Transport of
in agreement with the Ministry of Economy and Finance of the 28th
December 2022, n. 202". I emphasize that these guidelines
constitute a necessary requirement to achieve the
Milestone M3C2-2, enabling the disbursement of the third instalment of the PNRR.
In this context, I think it is important to highlight how the
assigned to the Authority in the context of
Granting of port concessions are confirmed in the
Powers and powers already consolidated by law
Institutional. The involvement of ART, therefore - continues Zacchaeus
with words that have strongly irritated the presidents of the Authorities
of Harbour System - will favor the introduction of criteria
transparent and certain for the granting of port concessions,
while ensuring more efficient operation of
to ensure the balance of interests of all parties
involved (public and private entities). These functions, pending the
independent nature of ART, they must be absolutely
preserved, also and above all in view of the announced reform
overall port system'.
The irritation evidently turned to anger.
reading the concluding passage of the report in which Zacchaeus
defines the role of the Transport Regulation Authority
«as a real "garrison of legality"
in the different contexts in which it operates: I think, for example - he specifies -
the functions of the Authority in the context of
tender, in the concession awards of state-owned areas, in the
assignments of local and regional public transport services,
and, more generally, the daily exercise of
own institutional tasks'. Adding then that "the
impartiality and technical skills gained in
years nominate the Authority to assume a role of relevance
in the supervisory actions on the economic sustainability of
These investments constitute, undoubtedly, one of the
elements of greater complexity for the political decision-maker".
On the basis of these statements, the Presidents of the
Port System Authorities believe that it is "of
All evidence is the presence of a - unacceptable - judgment of
value on the role and work of the AdSP, presented as
characterized by opaque and uncertain procedures, inefficient management,
procedures with evident and widespread profiles of illegality. The
presidents - reads a note from Assoporti, the association that
represents them - recall that the current text of Law 84/94
(in Article 6 paragraph 4 letter e) attributes to the Authorities of
Port system - therefore third by definition of the standard -
"the exclusive administration of the areas and assets of the
maritime property included in its own constituency",
without any provision for supervision or supervision by
third parties, not involved by any law in activities
administrative and management of the same. Not relevant appears,
also the reference to two other documents - the
Regulation 202 of 28 December 2022 governing the issue
of concessions of areas and docks and the Guidelines of the same
(approved by DM 110 of 21 April 2023) - which are not, according to the
general principles of our legal system, able to modify the
the provisions of Article 6(4)(e).'
'In rejecting those considerations decisively, made
publicly in a venue and on an institutional occasion -
continues the note - the presidents of the AdSP firmly reiterate
as the action of the Authorities themselves, whose tasks are
entrusted by current legislation, is always oriented to operate
according to the principles of transparency and impartiality, to guarantee
fair and non-discriminatory access to port infrastructure.
President Zacchaeus is therefore invited to rectify the
own statements. In the absence of such correction, it will be evaluated
to protect in all locations, the image, the correctness,
transparency and impartiality of the work of the Italian ADSPs».