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The harbour operators of the crotonese ask the institution for a regional harbour Agency
Sped up the abrogation of I decree that it has extended the administration and the management of the Harbour Authority of Gioia Tauro to the ports of Crotone and Corigliano
June 12, 2012
The harbour operators of the crotonese have written letter-name to all the representatives of the local and regional institutions, that we publish below, invoking the release of "a situation of stall that - they have denounced - are literally sinking the entire Jonian portualità" and asking, "as before and urgent measure, the immediate resolution, in order to throw again in the short period and the strategic perspective the calabrian economy, of administrative pacts and constraints that tie the ports calabrians of Crotone and - eventually - Corigliano Calabro, to the Harbour Authority of Gioia Tauro".
In particular, the crotonesi operators have asked "that the Municipality, the Province and the Chamber of Commerce deliberate - singularly or collectively - in order to demand the abrogation of decree ministerial 29 Decembers 2006 with which has been sanctioned the territorial extension, the administration and the management of the Harbour Authority of Gioia Tauro to the ports of Crotone and Corigliano and, meanwhile invite vice-president Stasi, the Pugliano city council member and all the regional councilmen of the crotonese to lavish itself so that the iter comes under way procedural in order to promulgate a regional law that constitutes the regional harbour Agency for an independent management of the ports of Crotone and Corigliano if the municipality of this last one he will consider opportune".
The operators of the port Pythagorean have evidenced that "considered the bankrupt experience of national the Harbour Authorities with jurisdiction also on the smaller ports, sight moreover the shortage of state financings that are not enough not even for the Authority mother (or stepmother), goes carefully examined and with collaborativo spirit the institution of the regional harbour Agency for the independent management and administration of the port of Crotone, having taken for example same the positive experience already started in other Italian regions".
The harbour operators of the crotonese have moreover sped up "initiatives and set in action sinergiche between institutions, agencies, operators of the field and exponents of the civil society in order to avoid that the harbour system ionic-calabrian remains isolated and cut outside from the offered new lease on life of development from the new European Corridor and, above all, so that it does not remain excluded from the resources for the modernization and the potenziamento of infrastructures".
Al President of the Calabria Region
Giuseppe SCOPELLITI
Alla V. Presidente of the Calabria Region
Antonella STASI
To the Regional City council member
Franco PUGLIANO
To Councilmen Regionali
Alfonso DATTOLO
Emilio DEMASI
Salvatore PACENZA
Francesco SULLA
Al President of the Province of Crotone
Stanislao ZURLO
Al Mayor of the Municipality of Crotone
WALLOON Peppino
Al President of the Chamber of Commerce
Vincenzo PEPPARELLI
Al Commander of the Harbour office of Crotone
Nicola FREDA
and for information
Alla Sen. Dorina BIANCHI
To the On. Nicodemo OLIVERIO
Al President of the Province of Cosenza
Mario OLIVERIO
Al Commissioner Prefettizio of the Municipality of Corigliano
Rosalba SCIALLA
Al President of the Chamber of Commerce of Cosenza
Giuseppe GAGLIOTI
Al Commander of the Harbour office of Corigliano
Antonio Of LOVE
Object: Abrogation I decree of the Ministry of Transportation of the 29.12.2006 -
With I decree ministerial on December 29, 2006 came sanctioned the territorial extension, and with it the administration and management of the harbour Authority of Gioia Tauro to the ports of Crotone and Corigliano Calabro; the experience of beyond five years of management of the port of Crotone in this new organization - today - has turned out little effective if penalizing and not quite restrictive for the development of local the productive system.
The governance has been and continuous to being managed at a distance from a structure mainly polarized to the specificity of a great port of transhipment [currently crisis object due to the abandonment of the Maersk company that has provoked to a consisting reduction of traffic and a reorganization of the force job] that for dimension, traffic and services it has, in fact, a formulation little relating to the specificity of the harbour traffics of Crotone.
Such various vocation of the port-guide has relegated to marginal role the peripheral ionic ports, sacrificing of the strong operating and economic peculiarities.
In fact not even the logic is not faced for which it was thought - and we were convinced - to create the harbour poles, that logic to make system and to create the harbour platform that could, in an only management and programming, to put in net the ports for sinergizzare services and programs, being profitable productive all the structures finalizing them to an only Network.
We have stated that the mechanism of participation and representation of the local organisms to the decisional processes of the harbour Authority of Gioia Tauro strongly turns out penalizing is for the participation and is still more for rappresentatività of the interested categories, moreover the same specificity of the social, economic withins and geographic various and strongly heterogenous they difficultly return the advantages deriving from the presence of an only subject realizable manager in charge of the programmatorie activities and administrative, when the rules of operation of the subject in which it meets, does not guarantee to the met parts pairs dignity, parity of powers and participation to the managerial phases.
The process of centralization of the control and government functions has generated ulterior constraints, delays and conditionings such to relegate the port of Crotone to a minority, residuale and peripheral role; peripheral to such point that even though with a center to Crotone - located in a communal piece of real estate - which work on a level with office non decision-makers, the harbour operators - to tuttoggi - is found in the condition must be reported near the located headquarters to about 200 km of distance with sure not easy street distances, that is - as already happened - to be urgently summoned to participate to reunions to hold to Gioia Tauro when the object of the odg regards the port of Crotone exclusively.
The undersigneds, to the aim to realize the own legitimate expectations, feel the duty to participate, to invite and to entrust the institutional representatives addressed to the resolution of tempore Protocollo of understanding illo the stipulated, let alone formal demand to the competent Organs in order to obtain the abrogation of Decreto of the Ministry of Transportation of the 29.12.2006. by means of which territorial administrative division of the harbour Authority of Gioia Tauro is extended to the port of Crotone, to the aim to exceed the current form of dependency from the harbour Authority of Gioia Tauro, being started the procedures of managerial autonomy that the norms offer.
Al fine to continue the activity of management with autonomy operating financial institution and, exceeding the current phase of managerial and administrative dependency colonialist strongly imprinted from the harbour Authority of Gioia Tauro, invites the SS.LL addressed to consider in concrete terms the institution of regional harbour Agency (A.Po.R) and to take part regarding the Calabria Region so that you set off iter procedural that you carry to the institution of the regional harbour Agency, which will manage the port of Crotone independently entirety - if that Municipality considers it opportune, to the Jonian port of Corigliano Calabro.
The reform of Titolo V° of the Constitution confers new values and meanings in matter of government of the territory and in this context some regions (Tuscany and Abruzzi) has already estimated a greater role in the government of the ports instituting the regional harbour Agency, which disciplines the administrative functions for the ports of regional interest to pre-eminent commercial function.
Of the Jonian ports calabrians with commercial function - to the current state - those which could be interested to a regime of managerial autonomy are Crotone and Corigliano; the institution of a regional harbour Agency that administers and manages the two ports becomes the corrected interpretation of the national law and, at the same time, it guarantees a governance to the smaller ports with determined the proportions traffic that they do not have the designated characteristics in order to institute a harbour Authority so as interpreted from law 84/1994 but, however need oculata local management and above all of promotion and programming it is infrastructural that of development.
Considered the bankrupt experience of national the harbour Authorities with jurisdiction also on the smaller ports, sight moreover the shortage of state financings that are not enough not even for the Authority mother [or stepmother] we examine carefully and with collaborativo spirit the institution of the regional harbour Agency for the independent management and administration of the port of Crotone, taking for example same the positive experience already started in other Italian regions.
Please find enclosed an exhausting files valutativa with the invitation to transmit to the operatoriportuali.kr@tiscali.it mail every eventual communication to the aim to receive elucidations in merit and to start the organization of a consultation table in order to expose the problematic one and to proceed consequently.
Crotone them,
Signed original gives:
Marcello Casaburi for Ormeggiatori Group of the ports Crotone and Corigliano
Piero Castelliti for Ausimare Srl - Marine and Harbour Environmental Services - Crotone
Marco Vrenna for Vremar Srl - off-shore Assistance platforms - Crotone
Flavio Matarazzo for Corporation Pilots of the Port - Crotone
Maria Rita Merigliano for Coop. Fishermen Hera Lacinia Scrl - Crotone
THE GOVERNANCE OF THE PORTS CALABRIANS
INSTITUTION OF THE REGIONAL HARBOUR AGENCY
PRELIMINARY APPRAISALS
Premised
The reform of Titolo V° of the Constitution confers new values and meanings in matter of government of the territory; in this context the Italian Regions are, for a long time, claiming a greater role in the government of the ports.
The objective of this iter normative will be that of the ports of third generation, inserted smaller harbour ports of call in the territory of which they take part, on which the Region - with the Municipalities - takes part proposing innovative policies of development. On this distance the Regions Tuscany and Abruzzi have started the political appraisals in order to reach to independent organism of governace harbour.
1. Object of the objective and bill in parliament that agrees to pursue.
The bill in parliament disciplines to the administrative functions in the matter of the regional ports pre-eminent commercial function and institutes the Regional Harbour Agency.
With the bill in parliament one agrees to discipline in more effective and efficient way the exercise of the four fundamental functions of the regional ports:
a) the function of planning of the harbour areas;
b) the function of programming of the public works;
c) the functions of planning and execution of the programmed work, today regulated from D.Lgs 163/2006 (Code of contracts relative publics to work);
d) the concerning release and the management of the state property concessions the harbour areas, conferred to the Region from the D.Lgs.31 March 1998, n. 112.
The regional harbour Agency will carry out the following functions:
1. planning in the harbour areas, supplying to the technical elaboration of the harbour town development plan;
2. programming of the works to realize;
3. management of the state property concessions for the harbour areas and of the services;
4. planning and realization of the harbour works.
The Regional Harbour Agency will be structured on the base of an organizational model that previews the interaction of several organs, which is expression of a political member and a technical member.
The political member will be represented by the Harbour Committee, organ of address, so constituted:
- from the President of the Regional committee and the regional city council member in matter of harbour activities and transports or named delegated they between the competent leaders in the reference matters;
- from the President of the province or its substitute;
- from the mayor and another member of the council or delegated they;
- from the President of the territorial competent Chamber of Commerce or its delegate;
- they will take part of the Harbour Committee the Commander of the Harbour office and the Leader of the Agency of Customs - territorial competent - let alone the representatives of the operators and harbour users.
The President of the Regional committee [that is the marine Director of the Calabria Region that is the President of the Chamber of Commerce] with functions assumes the functions of President of the Committee to convene and to preside the Committee; the deliberations of the Committee are taken to majority and in case of parity the ballot of the President prevails.
The technical member will be constituted gives:
- a leader of the Agency, having the necessary technical-administrative competences called “Director of the harbour Agency” (*) - that he will be the referring one of the activities for the Harbour Committee; he is named by the President of the Regional committee, in agreement with il/i Common interested.
- a reviser of the accounts, named between the regional Leaders of the area Budget - Patrimony-Pay that is a communal or provincial Leader of pairs competence.
- an administrative office that will make use of detached and/or commanded regional staff and of staff of the interested Local authorities and a technical department - also it composed by commanded staff - than will make use of the technical contribution of the Regional Office Marine structures of Reggio Calabria.
(*) the Director of the Regional, chosen Agency Harbour between people of proven professional qualification in the fields of the harbour economy and the transports, will be the only figure to being paid by means of the entrances of the Agency, will be assumed with by right private contract and could be removed from the assignment anytime with deliberation of Regional committee.
The social requirement that the proposal stretches to satisfy will be that to group in an only organism the competences of commercial the regional ports with determined the proportions traffic that to the current state more Agencies are delegated, being intended to answer to the requirement to plan more all effectively the participations concerning the harbour areas, characterizing the better strategies for the programming of the harbour works and the quickest realization of the same ones.
Considered the iter under Marina of Crotone PLC, tending to obtain the concession of some areas and state property watery mirrors to use after diportistico scope, it is right to specify that the regional harbour Agency will not constitute duplications and/or hampers as, this last one will exclusively take care of the classified areas and landings place to commercial the marine traffic.
2. Discipline and legislative sources of the bill in parliament.
As a result of Legge 18.10.2001, n°3 (Reform of Titolo V of the Constitution) is up to the Region concurrent the legislative power c.d on the matter of the ports and the airports.
The law has been placed in the picture of national legislation that already had attributed to the regions all the administrative functions inherent the field of the marine portualità in its double valence of infrastructure and activity to commercial and tourist character.
In particular, article 105 of I decree legislative 31,03. 1998, n.112, as modified
from article 9 of law 16,03. 2001, n.88 (New dispositions in matter of investments in
marine enterprises) next to the normative going back of which to law 28,01. 1994, n.84
(I reorder of the legislation in harbour matter) still enforced establishes:
“1. They are conferred to the E regions to the local authorities all the functions not express indicated in articles of anticipate head and not attributed to the harbour authorities from the 28 law January 1994, n. 84, and next modifications integrations.
2. Between the functions of which to codicil 1 they are, in particular, conferred to the regions the relative functions:
a) to the release of the authorization to the use in service of line of the destined buses to the service of
leading chartering with, relatively to the bus companies of own competence;
b) to the water refueling of the islands;
c) to I estimate it naval;
d) to the discipline of the inland navigation;
e) to the programming, planning, planning and execution of the participations of construction, reclamation and maintenance of the ports of regional and interregional relief of the construction works to service of the harbour activity”.
According to the outline delineated from the legislator of the 2001 they have remained to the State only the administrative functions in the ports finalized to the military defense and to safety of the State, in the ports of national and international economic importance let alone in the areas of pre-eminent national interest characterized with the update of I Prime Minister's decree of ministers 21,12. 1995, according to than previewed from article 4 of law 84/1994.
The emanation of the law 16.03.2001 n.88 (New dispositions in matter of investments in the marine enterprises), the effectiveness of new Title V of the Constitution, let alone the lacked location by the State the ports of regional interest (second how much would have had to make according to article 4 of the l.84/1994) has carried to a period of uncertainty in shares of the competences between State E regions local authorities in the matter of which draft.
The recent ones pronunce of Constitutional Court 10,03. 2006, n. 89 and 90, and 10,10. 2007, n. 344 have facilitated the task to clarify the regional competences with reference to the ports of regional importance, since the Constitutional Court has acclarato that the state competence only considers in the ports center of harbour Authority operating.
With reference to the concrete management of the ports that are of regional relief second how much statuito by the Constitutional Court, from long time demanded a normative participation to regional level, in the within of which, opportunely, functions were recut also to the specific local authorities.
The programming of the works that will have to be realized from costituenda the Authority will be carried out through the triennial and anniversary of the public works, attached program to the budget of forecast of the Harbour and approved of Authority from the Regional committee; the planning and execution of the harbour works will be carried out by the Authority through Regional Office OO.MM., against to seem binding of the competent Harbour Committees.
3. Financial and operating effects of the new subject on the regional budget.
The bill in parliament will not produce financial effects of expense on the regional budget. The regional harbour Agency will make use of personal competent detached by the Calabria Region and of staff of the interested territorial agencies, detached or commanded, let alone of staff of the Harbour offices.
For the institution of the Harbour Authority, some expenses will have moreover character an one-off for the preparation of the center and the offices that will be accommodated near patrimonial real estate structures.
All the members of the harbour Committee will not perceive some chip of presence but, exclusively reimbursements of expenses for institute tasks.
The bill in parliament could produce financial effects on the entrances on the regional budget with reference to the activity of management of relative the state property concessions to the harbour areas and
collection of the relative canons.
Sul point, is mentioned that art. the 9 of relative Decreto to the CD. “state property federalism” D.Lgs.85/2010 (Attribution to municipalities, metropolitan provinces, cities and regions of an own patrimony, in art. the 19 performance to Legge 5.05.2009, n° 42) previews, at the moment of the devoluzione of the competence, a cut of the state transfers today carried out in measure pairs to the reduction of the revenue entrances collected relatively to that good; operatively, therefore, the Region, once discounted the above-mentioned measure, would have the full power on the state property canons.
For the operativity of constituting subject, an organizational chart composed from a chosen general manager between people of sure and documented field experience and from a equipment of the technical and administrative staff also for implementation of the Office OO.MM is previewed., to which it will be tackled without additional burdens with staff detached from the E region detached or commanded by the interested local authorities.
The bill in parliament, naturally, will have impact under the organizational and procedural profile and previews the involvement more institutional subjects for its performance.
As a result of the approval of it anticipates bill in parliament will be modified the competences and the functions of the Municipalities center of regional ports and of the regional Office marine structures.
The Regional Harbour Agency could be instituted in all the ports of regional and interregional interest with preminante commercial function, with tasks of address, programming and coordination of the regarding participations the same ports, let alone of promotion and development of the regional marine traffics and of all those activities that esplicano in the within of the ports. It could coordinate, also, all the transferred, delegated functions and administrative tasks or attributed to the Region for the cure of the marine interests and harbour localizzabili in the regional territory, also in order to adapt them to the Regional Plan of the Transports and in order to define same the implementing instruments of the Plan in relation to the requirements of the single ports.
For the attainment of the foretold purposes, the Regional Harbour Agency could propose variations and updates of the harbour town development plans and the marine structures, let alone of the same general town-planning instruments.
One would be a matter of tasks and functions which foreordained to the management of the port and the adjacent areas to it, in harmony with the regional programming so as to coordinate, above all, the harbour system with the regional program of development.
Between the entrusted tasks to it, a pre-eminent role would assume the editing of the town development plans of the single ports, with the formulation of proposals for actions, initiatives and participations necessary in order to adapt to the harbour town development plans and the modalities of use of the harbour areas and, therefore, the regional harbour system, to the actions of regional and local programming.
In particular, the concessori actions reported to the use of the harbour areas would have to be coherent with the Development plan of the regional portualità and with the town development plans of the single ports.
Moreover, the Agency would carry out every action and participation because the actions and the instruments of regional and local programming hold account of the regional harbour system and the management of the single ports, let alone of the perspectives of development of the same ones, in relation to the expectable requirements of the marine traffics, nautical tourism and the peach.
The Authority would assist, also, the competent regional Offices and the Regional committee in the cooperation between E region State and E region Local authorities for the coordination of the state and regional norms that however can interest or refer to the marine state property assets, with detail with regard to the town-planning instruments and to the landscape plans, for the best protection of the environmental and natural assets.
It would be put into effect, so, a organizzatoria, thin agile structure, scevra from participations that can penalize the economic choices operated in matter of use of harbour areas and docks, let alone of marine and harbour services, having as only point of reference the economic development of the port in the context of the requirements of the relative one hinterland.
In the exercise of the administrative functions by the Region, concerning relative the marine structures to the ports pertaining to categories II, classes II and III, of which to codicil 7, art. 5, of law 28.1.1994, n° 84, the Regional Harbour Agency would coordinate, also, the management of the same works and the functions to relating they, to the aim to assure to the system of the regional harbour works a unitary and efficient management.
The Agency would coordinate, also, the participations and the activities of the subjects relative private publics and to the use of the realized works, the installed equipments and the there existing systems, proposing the necessary initiatives for the maintenance of the ports, land, points of landing place and mooring points in conditions of full feasibility and functionality, let alone for the adaptation of the structures and the systems to the increasing requirements of the system of the transports regional and national.
In order to tackle to the expenses deriving from the management of the Authority and to the salary and wage of the General manager, to the same one the competence in matter of canons of concession for the use of the harbour areas will be attributed, in connection with the duration of the concession, to the previewed investments, the value of the areas and the usable systems, to the entity of the harbour traffics carried out there and to the profits that can some achieve.
For how much it concerns, instead, the technical-nautical services [pilotage, towing, mooring and battellaggio] will maintain to the competence of the competent Ministry, being the requirement of uniformity of the parameters that interest the generality of the national ports.
On the other hand, the functions of harbour Police and safety previewed from the articles. 62 and ss. Cod. nav. and 61 ss. Regulations Marine Navigation, would remain in the flood and exclusive right title of the marine Authority.
4. Conclusive notes.
The purpose of the institution of the Regional Harbour Agency intimately is correlated to the possibility of a easyr performance of the localizzabili economic-social interests in the territory, with a more organic and coherent connection to the other instruments by means of which the regional programming is put into effect in practice, so realizing an integrated management of the port and the destined areas to the complex of the productive initiatives.
The operativity of a structure that is set as only decision and point of reference for the order of the port and the adjacent areas and for economic-productive the relative choices to the takeover, in a wider regional context and that it are able to estimate the entire capacity of the planning instruments and of performance of the regional plan of the transports, represents the synthesis of all the organs and Agencies that, to miscellaneous title, they have competences in the administration and the management of the harbour areas.
It is from emphasizing that in so far as will be realized a horizontal cooperation between all the subjects interested publics, in loyal and corrected way, the Regional Agency will be able more easily to achieve those objectives of economizations and productivity that are to the base of the harbour management.
The proposal of a regional law for the institution of such Agency stretches to show one of the percorribili hypotheses in a context of evolution of our ordering, stiff to estimate always better the performance than suitable instruments that allow the best attainment of the localizzabili interests in a determined territory.
Is this ratio and, meanwhile, limit, of operativity of said Agency, that it could assume a role propeller of all the initiatives of marine character and the activity who can esplicare themselves in the within of the port and the adjacent areas, with certain positive glares for the economic-social development of the entire interested territory.
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Editor in chief: Bruno Bellio No part may be reproduced without the express permission of the publisher
The harbour operators of the crotonese have written letter-name to all the representatives of the local and regional institutions, that we publish below, invoking the release of "a situation of stall that - they have denounced - are literally sinking the entire Jonian portualità" and asking, "as before and urgent measure, the immediate resolution, in order to throw again in the short period and the strategic perspective the calabrian economy, of administrative pacts and constraints that tie the ports calabrians of Crotone and - eventually - Corigliano Calabro, to the Harbour Authority of Gioia Tauro".
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
