Case law does not affirm any right of companies to
self-handling with on-board staff and there is no
no liberalisation of port activities for the
lashing and unlashing operations. The minister said this today
of Infrastructure and Transport, Matteo Salvini, responding
in the Chamber of Deputies to a question by Luca Pastorino of the
Mixed Group-+Europe which, in posing the question, recalled that 'the
judgments pronounced by the Council of State on 19 July 2024 on the
two appeals by the shipping company Grandi Navi Veloci against the
verdicts of the Regional Administrative Court of Genoa relating to
to the denials opposed by the Port System Authority of the
Ligurian capital to the repeated requests for authorization to
entrust the lashing and unlashing operations of the
charge, confirmed the judgments of the Court of First Instance
Regional Administrative. In the first case - Pastorino recalled -
the judges validated all six grounds opposed by the Authority
of the Port System to Large Fast Ships. The sentence reiterates
the exclusivity of the staff to be assigned to the aforementioned
operations, as well as the need to ensure the
compliance with the special regulations relating to safety and
health of workers assigned to these functions; In addition, the judges
of the Council of State rejected the request for structuring
advanced by Grandi Navi Veloci, since the eventual
authorization for self-production must instead have a
occasional agreement, it is confirmed that, on the basis of the collective agreement
maritime labour operations, and
vehicle halyards must be carried out by ground personnel
and not by seafarers, by virtue of the
reserve in favour of ground staff'. "The second
sentence - the deputy recalled again - recognized the
right to self-handling by a company already authorized to
operate, but within the limits provided for by this authorization which does not
contemplates the possibility of using cabin crew who
is not exclusively dedicated to these tasks".
Finally, recalling that the issue has been rekindled by
some statements by Grandi Navi Veloci on the possibility
to carry out the lashing of the "ro-ro" in
self-handling, Pastorino asked the minister "what
initiatives of competence intends to put in place so that it is
the current structure has been guaranteed, in line with the
above, protecting the quality of the work and
the employment of port workers".
In reply, Salvini recalled that "the discipline of
sector, contained in the 1994 framework law, was
amended in 2020 to deal with emergencies arising from the
Covid. In particular, he specified, it was envisaged that
self-handling was allowed only if it was not possible
meet the demand for port operations by
authorised companies or through the provision of labour
temporary port service: these are the workers -
underlined Salvini - whose protection is as close to her heart as I am.
All the requirements that the applicant ship
must have in order for it to be authorized to carry out
in self-production of port services. Recent rulings
underline the regulatory constraints for carrying out
self-production of lashing and unlashing operations by the
maritime carrier, reiterating that the same is required to
highlight additional staff to those indicated in the
ship's armament table and that the same must be dedicated
exclusively for the performance of port operations. In addition
The national collective agreement for the sector may establish
a reserve in favour of ground staff in carrying out the
operations referred to above".
"The case law referred to, therefore," continued the
Minister - does not affirm any right of shipping companies
self-handling with on-board personnel, confirming that it must
be used ground personnel within the limits provided for by the
authorisations issued under the 1994 Act. We, as
Ministry, we are therefore faced with a clear picture and there is no
no liberalisation of port activities for the
lashing and unlashing operations, nor is such
could be considered possible today, taking into account
of the regulatory constraints that I have mentioned".
"As far as I am concerned," Salvini concluded, "I
I limit myself to reiterating that the Minister and the Ministry of Foreign Affairs
Infrastructure and Transport, in collaboration with the Authorities
of the Port System - obviously - will continue to monitor the
correct application of the rules on port operations,
because the common effort to protect
employment prospects of port work, as well as the
quality and safety of the related services".