
The Regional Administrative Court for Lazio has accepted the
appeal proposed by committees and associations (Committee Tables of the
Port, Lipu ODV, Saifo, Unione Inquilini Fiumicino) and from 18
citizens residing in Fiumicino/Isola Sacra for the cancellation of the
EIA decree with which the Ministry of the Environment, in agreement with the
Ministry of Culture, had given a positive opinion of
Environmental compatibility of the port project
tourist-cruise of Fiumicino - Isola Sacra, proposed by the
Municipality of Fiumicino as the concessionaire and
be carried out within the framework of a ninety-year concession
by Fiumicino Waterfront, a subsidiary of Cruise
Terminals International Limited (CTI) in turn 90% owned
by funds assisted by iCON Infrastructure and 10% by the group
U.S. cruise ship Royal Caribbean
(
of
24
February 2022).
The Regional Administrative Court for Lazio upheld the first ground of appeal
of the measure as the project has been qualified
as a "tourist port" pursuant to Presidential Decree 509/1997, which
allowed the Municipality of Fiumicino to present itself as a subject
proponent of the EIA, while this qualification is considered
incorrect as the Presidential Decree requires that the infrastructure serves
"solely or primarily" pleasure boating,
while the project, while talking about a recreational function
"prevailing" actually provides for a
cruise line being provided - specifies the
sentence - an ad hoc pier for the landing of cruise ships, which
will stop permanently in the airport (in home-port mode)
for about 200 days a year, and which will contribute significantly to the
decisive factor in the potential passage in the port area of about 1.3
million tourists. The cruise function - explains the sentence -
must be legally traced back to the "passenger service" to the
pursuant to Article 4, paragraph 3, letter c) of Law no. 84 of
1994 and must be kept clearly distinct from the "tourist and
pleasure boating" referred to in letter e) below). The judgment notes
that, since it is therefore not a tourist port but a port
multifunctional with a significant cruise component, the Municipality of
Fiumicino was not entitled to act as proponent of the EIA,
competence that belongs to other entities within the framework of the law
84/1994.
For the national and regional Filt Cgil of Rome and Lazio, whose
intervention ad adiuvandum together with that of ANCIP was
admitted by the Regional Administrative Court, that of the court constitutes "a
a decision that represents an important reminder of the need
to guarantee transparency, administrative correctness and full
compliance with the rules governing the port sector, in the
protection of the public interest and of workers
involved". Expressing "satisfaction with the motivations
of the judgment", the trade union organization noted that
"Particularly significant is the fact that the TAR
has recognized the full legitimacy of our intervention,
noting the concrete interest of our trade union organization
with respect to the correct classification of the airport and the
consequent repercussions on port work and on the structure of the system
of ports. The reasons for the sentence therefore incorporate a
our reading, sustained with determination throughout the
procedure and which was also shared by the others
intervened in support of the appeal, confirming the
need to address the issue of the development of the port of
Fiumicino in compliance with the rules, institutional competences and
of the correct port planning".
"We will continue - added the Transport Federation
of the CGIL - to carefully follow the developments of the affair,
so that future choices relating to the port of Fiumicino
are taken in compliance with the law, the
planning of the national port system and the needs
employment in the sector".