Heard yesterday, during an informal hearing, by the Joint Environment and Transport Committees of the Chamber of Deputies as part of the conversion of the Infrastructure Decree-Law, the Italian General Confederation of Transport and Logistics (Confetra) expressed perplexity about the measure presented by the Government starting from the recognition of a fee to the hauliers for waiting times for loading and unloading the with a modification proposed by the Government which, according to the Confederation, "appears ineffective and burdensome because the regulatory framework currently in force on waiting times at the loading and unloading (Article 6-bis of Legislative Decree No. 286/05) is already sufficient and exhaustive and would be more it is appropriate to intervene preventively to reduce inefficiencies".

With regard to the payment times for transport services, premising "that there is no need to modify the current regulatory system", Confetra expressed "perplexity about the involvement of the Authority competition and market authority (AGCM) to which I am sanctioning and warning powers in the presence of certain violations on non-compliance with the terms of payment. It is believed, in fact, that the current rule that identifies in the Revenue Agency and in the Guardia di Finanza the subjects responsible for checking compliance with payment deadlines - has explained the Confederation - is already suitable and therefore cannot be sees the need to add additional subjects. In addition the amendment would also be doubly ineffective from the point of view of substantial because in practice it would leave unchanged the sanctioning system in force (paragraphs 12 to 15 of art. 83 bis of Decree-Law 112/2008) adding, however, a provision that aims to strengthen compliance with the payment times of the road haulage services that are equal to 60 days from the issue of the invoice from the carrier. It is expected that in the event of a violations of the rule on payment times, the carrier (creditor), or the Central Committee for the Register of hauliers, may request the intervention of the AGCM, which may also act ex officio. These powers of the AGCM - he recalled Confetra - are provided for by Article 15 of Law No. 287 of the 1990, and may be exercised in the event that violations of the paragraphs 12, 13 and 13-bis of the aforementioned Article 83-bis also include the conditions governed by Article 9, paragraph 3-bis, second of Law No. 192 of 1998, i.e. presence of abuse of economic dependence. In this case the Authority shall warn the contracting authority and may apply the sanction provided for by art. 15 of Law 287/1990 which can up to 10% of the turnover of the client company. Yes considers - underlined Confetra - that this sanction is disproportionate and in any case art. 83 bis already provides for a administrative fine of 10% of the amount of the invoice for the transport service and in any case not less than € 1,000 which appears congruous with the purpose of the rule. Foresee the AGCM's intervention seems inappropriate considering that, from a on the other hand, it will certainly create an increase in costs and, on the other hand, will further burden the already subject to stringent regulatory and administrative regulation by other authorities such as the ART (Supervisory Authority regulation of transport) and AGCOM (Authority for the guarantees in communications). To this end, it is considered desirable the establishment of a discussion table to evaluate a revision overall contribution system to the authorities and to also reconsider the perimeter of their competences".

In addition, Confetra has expressed "strong concerns" with regard to the provisions on port regulations and, in particular, "on the rule contained in the provision in question exam with which the methods of updating are intervened of state fees by modifying the price index to be applied. While there is a consensus on the need to intervene on a controversial provision that risks causing litigation against the administration - observed the Confederation - on the other hand, it is believed that this is not the correct setting to be given to the arrangement being modified. In fact Article 04, paragraph 1, of Decree-Law no. 400 of 4 October 1993 (converted by Law No. 494 of 5 December 1993) currently provides for for the updating of the fees relating to state concessions the calculation of the average of the indices determined by ISTAT for consumer prices for blue-collar and white-collar households (FOI) and for the corresponding values for the wholesale market. However since ISTAT has not released the index for some time wholesale market, it is considered that the reference to this index should be deleted and not replaced, as is the case intends to make the rule in question, with the price index at the production of industrial products which concerns a completely different phase of the economic process and is subject to sudden changes in year after year that they would cause, as already happened in 2023, an exaggerated increase in state rents. Therefore, with a view to regulatory simplification, it is considered the relevant adjustment mechanisms need to be reviewed with the amendment of Decree-Law 400/1993 by providing for the use of the FOI index only for the updating of the fees".

Finally, the Confederation focused on the governance of Italian ports, stressing the urgency of unblocking "the the process of appointing the presidents of the port authorities and implement the announced port reform on which Confetra has already expressed itself for some time their position".