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21 November 2024 - Year XXVIII
Independent journal on economy and transport policy
12:58 GMT+1
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Original news
The Antitrust invites the government to make more on the liberalizations and to return the Authority of the transports immediately operating
For the ports it is necessary "to reach to the total separation of the harbour role of enterprise from that of regolator and controller of the port"
October 2, 2012

The analysis and the proposals of the Guarantor Authority of the Competition and the Market for the harbour system

What is made and current degree of opening of the markets

The analysis of the problematic ones of competitive development of the harbour field can be led back to the conditions of offer of harbour services (harbour operations and commercial other asset technical-nautical and services), with specific reference to the enforced dispositions in matter and the role of the harbour Authorities against that of costituenda the Authority of regulation of the transports.


What remains to make

1) Clear division between the Authorities of regulation and control
With the institution of the new Authority of the transports, the harbour Authorities will be held to carry out own functions (characterized to article 6 of the law 28 January 1994, n. 84) having account of the competences attributed to the new organism. If the classified functions and competences to the marine Authorities according to article 14 of the law ex lege are considered also n. 84/94, appear obvious the necessity to characterize mainly suitable a normative solution to guarantee clearly share of competences between the several subjects of regulation and control, more clearly inspired to competitive principles.

2) Modality of management of the harbour services
The commistione between regulation and harbour operations management constitutes, still today, in spite of the modification of the operated normative picture from the law n. 84/94, one of the main problems in a position to originating not only conflicts of interest, but also and above all obstacles to the competition, whereby new enterprises intend to enter on the market of the harbour services. Permanere of the double role (regolator/enterprise) by the harbour, favorite Authority from the possibility for the same one to constitute or to participate to society shopkeepers accessory or instrumental activities regarding the institutional tasks entrust them, has stopped the development of the competition. It appears, therefore, necessary to reach to the total separation of the harbour role of enterprise from that of regolator and controller of the port, limiting exclusively to this last function operating of the harbour Authorities.
In the optical to in competition widen the number of subjects in the supply of harbour services, it moreover appears opportune to modify codicil 7 of article 16 of the law n. 84/94 previewing the introduction of an advisory mechanism of the Authority of the Transports in relation to the maximum number of authorizations to release for the exercise of such services taken into consideration the requirements of functionality of the port and the traffic.

3) Modality and duration of the concessions of the areas and docks in harbour within
Al fine to obtain a effective opening to the competition of the management of the areas and docks in harbour within is necessary to record on how of confidence of the concessions of the same ones with the modification of article 18 of the law n. 84/94, previewing in particular the resource to procedures of selection of the operators with public evidence and, at the same time, the abrogation of every eventual incompatible disposition.
Online more general, moreover, the duration of the concessions of the areas and docks in harbour within would have to be rigorously defined in economic-financial way to pursue the balance of the investments of the concessionaire, without but to send back for excessive long times I confront competitive.

4) Modality of management of the technical-nautical services
In order to the technical-nautical services, being given the competences of the marine Authorities and the Ministry of Infrastructures and the Transports in relation to the obligatory nature previewed in some harbour withins, appear opportune to signal that the inherent motivations to guarantee safety of the development of the harbour operations would not have to constitute excuse in order to maintain situation rents in favor of subjects that they lend such services in withins of legal reserve.
In this perspective, it appears necessary to modify article 14 of the law n. 84/94, delimiting the withins of legal reserve to the specific cases in which it turns out absolutely indispensable and leaving that in all the others operate the competition. Once carried out this examination, for the situations that involve the necessity to manage the service in legal regime of reserve, appears opportune that, not being able itself to inside carry out the competition of the market, is entrusted to us however to the competition for the market. The confidence of the classified activities would have to happen with public procedure, time to maximize the efficiency and to diminish the rates, data necessary requirement of safety. Only whereby the two cited modalities, competition in the market and competition for the market, are not realizable, will have to take part a regulation of detail of the level of the rates.
In this context it appears, moreover, favorable that the mechanism of determination of the rates is characterized, instead of the system based on the historical costs of the active enterprises in the market (installments of return), in the so-called price CAP, mainly suitable system to induce the enterprises monopolists to increase own productivity gain and, consequently, to transfer them to advantage of the final users.


Operating proposals

It is proposed to modify law 28 January 1994, n. 84, in the sense of:

  1. to modify article 6 and 14 so as to guarantee clearly I share of competences between the marine Authorities and the harbour Authorities, more clearly inspired to competitive principles;
  1. to modify codicil 6 of article 6 being introduced a prohibition for the Authorities harbour to carry out, directly or through society participated, besides the harbour operations, also every industrial and commercial other asset in the ports;
  1. to modify article 16 previewing an advisory mechanism of the Authority of the Transports in relation to the maximum number of authorizations for the exercise of the harbour services;
  1. with regard to the concessoria activity of areas and docks in harbour within, to modify article 18 introducing an express norm that previews the resource to procedures of selection of the operators (awardees of the areas pertaining to the harbour within) to public evidence, with the contextual abrogation of every incompatible disposition;
  1. to modify article 18 being limited the duration of the concessions, than would not have to exceed that coherent one with the entity of the previewed investments;
  1. to modify the codicil 1-second of article 14 being previewed for-competitive modalities of management of the technical-nautical services, limiting the resource to the management in legal reserve only to the hypotheses in which it turns out absolutely indispensable; in such circumstances, to preview mechanisms of competition for the market to the aims of the location of the manager that is, in the final analysis mechanisms of determination of the rates of the based ones on the principle of the ‘price CAP’.
The Guarantor Authority of the Competition and Market (AGCM), in the signalling sent to the parliament and the government upon request of the same executive in sight of the anticipated predisposition of the bill anniversary for the market and the competition, evidences that the process of liberalization of the markets has shown, during the government Monti, fast accelerations, but a lot still remains to make.

For the Authority Antitrust, from the transports to energetic infrastructures, from the postal services to the assurances, from the services local publics to those professional ones until the health, there are still you space for ulterior openings of the markets and proconcorrenziali measures. Some principles - the AGCM specifies - are cross-sectional. Whereby the services are carried out in concession, the duration of the same concessions go reduced, proportioning it to the times of re-enter of the investment: once expired they go riaffidate with transparent and competitive procedures of contest. The rates must be oriented to the efficiency recovery, rather than to the inflation, based on price-CAP mechanisms.

For all the fields of the transport and, in particular, for that of the rail shipment, the prompt Authority Antitrust the immediate start of the operativity of the Authority of regulation of the transports, "as - the AGCM explains - the development of the tasks to it attributed by a subject third independent one turns out essential in order to reach to a full opening of the field of the transports and that railway one. In absence of such timely start the node of the separation remains, moreover, unsolved owner between manager of the infrastructure and erogatrice enterprise of the services of rail shipment”. According to the AGCM, “it is necessary to conjugate the requirement of the economic balance of the manager of the public service with the income of other operators, being instituted a royalty at the expense of these last ones: it would come so guaranteed the income of the competitors in the fallen back more profitable fields without negative on the accounts of the public manager. Such contribution would go poured to the agency that subsidizes the activity of universal service”.

In the highway field, the Authority considers necessary to introduce “dispositions that procedures of competitive selection privilege mechanisms of attribution of the concessions second, to place in being timely regarding the ordinary expirations and avoiding to resort to delays; it also appears necessary - specific the AGCM - to guarantee that, until the constitution of the Authority of regulation of the transports, the carried out activity directly from the competent ministry of Infrastructures and of the Transports, it is addressed to without delay stimulate the competition and the efficiency in the field, putting into effect the review of the mechanism of tariff definition of the services basing it on a formulation of type “price CAP””.

In the airport field, the Authority considers “the effective implementation of the model to management total opportune, from the moment that - it remembers - in the majority of the cases the share capital of the concessionaire almost regularly turns out left again between a pluralità of riconducibili subjects to local the public dimension; to the aim to obtain a effective opening of the management of the airports to competitive private subjects it is necessary, therefore - second the Antitrust - to affect the management of national the airport system, journeying a greater number of ports of call to managements totals assigned competitively”. Online more general, moreover, the Authority evidences the necessity “to reduce the duration of the concessions, to define itself rigorously for the period closely necessary to pursue the balance economic-financial of the investments of the concessionaire; let alone to avoid illegitimate exceptions to the immediate performance of the new communitarian discipline of which to directive 2009/12/CE, concerning definition of the airport fees on the base of I confront between airport managers and users”.

For the harbour, second field the Antitrust “is necessary: to characterize a normative solution mainly inspired to competitive principles and suitable to guarantee clearly I share of competences between the several subjects of regulation and control (new Authority of the transports, Harbour Authorities and marine Authorities); to reach to the total separation of the harbour role of enterprise from that of regolator and controller of the port, limiting exclusively to this last function operating of the Harbour Authorities; to in competition widen the number of subjects in the supply of harbour services, previewing the introduction of an advisory mechanism of the Authority of the Transports in relation to the maximum number of authorizations to release for the exercise of such services taken into consideration the requirements of functionality of the port and the traffic; to the aim to obtain a effective opening to the competition of the management of the areas and docks in harbour within - the AGCM emphasizes - to preview the resource to procedures of selection of the operators with public evidence and, at the same time, the abrogation of every eventual incompatible disposition”. “Also in this field - for the Authority Antitrust - the duration of the concessions of the areas and docks in harbour within must rigorously defined in economic-financial way to pursue the balance of the investments of the concessionaire, without but to send back for excessive long times I confront competitive”.
›››News file
FROM THE HOME PAGE
New historical record of monthly container traffic in the port of Long Beach
Long Beach / Los Angeles
In October, strong growth in Los Angeles climbing activity.
ZIM records excellent quarterly economic performance driven by noli uptick and activity with Latin America
ZIM records excellent quarterly economic performance driven by noli uptick and activity with Latin America
Haifa
The fleet transported a record number of containers
In the third quarter, the Viking cruise group's revenues grew by 11.4% percent.
Los Angeles
Increase of 14.3% of turnover generated by ocean cruises
Signed the final agreement on the contract of port workers
Rome
Italian Antitrust initiates an investigation into SAS (MSC group), Moby and Large Navi Fast
Rome
According to the AGCM, competition restrictions may have occurred as a result of the 49% acquisition of Moby's capital by SAS.
T&E highlights the need to also count the well-to-tank emissions for LNG used by ships
T&E highlights the need to also count the well-to-tank emissions for LNG used by ships
Brussels
Total greenhouse gases produced would be more than 30% higher than those considered by the FuelEU Maritime Regulation
DFDS and Ekol are rethinking and agreeing on the sale of the Turkish company's international network to the Danish group
Copenhagen / Istanbul
Revised the terms of the deal expired on the first November
Slight downturn in freight traffic in the port of Hamburg in the third quarter
Hamburg
Stable container traffic
The Companies inform
Accelleron initiates partnership with Geislinger to expand service business in the Mediterranean region
Cargotec agrees to the sale of MacGregor to funds managed by Triton
Helsinki
Sale of the value of 480 million that is expected to be completed by the first half of 2025
In the July-September quarter freight traffic in the port of Koper increased by 8.3%
Lubiana
In the first nine months of 2024, the increase was 3.2% percent.
Ok of Ukraine's antitrust enforcement at the entrance of MSC in the capital of HHLA terminalist company
Kiev
The company operates the CTO terminal of the port of Odessa
Inaugurated the new Peruvian port of Chancay operated by China's COSCO Shipping Ports
Lima
Has 1,500 linear metres of docks
More than doubling the value of new orders acquired by Fincantieri in the first nine months of 2024
Trieste
The sunshine committed for shipbuilding grew by +154,3 percent.
Established the Ship Recycling Alliance to speed up the recycling of safe and environmentally friendly ships
Copenhagen
The initiative in view of the entry into force on June 26 of the Hong Kong International Convention
Kuehne + Nagel will acquire 51% percent of the capital of American IMC Logistics
Schindellegi / Collierville
US company mainly operates drayage services
In the third quarter of this year, Hapag-Lloyd's revenues grew by 28.2%
In the third quarter of this year, Hapag-Lloyd's revenues grew by 28.2%
Hamburg
Increase of 3.8% of containers carried by the fleet. Average value of nils up 22.9%
In the third quarter freight traffic in the port of Genoa decreased by -4.9% percent while in Savona-I went up by 15.7% percent.
Genoa
Decided increase in transshipment containers determined by the Red Sea crisis. Down the cruises
In the third quarter, HMM revenues increased by 67% thanks to the 83% growth in the container segment
In the third quarter, HMM revenues increased by 67% thanks to the 83% growth in the container segment
Seoul
+116% increase in the value of the average nole per container transported
Evergreen's quarterly financial performance hike
Evergreen's quarterly financial performance hike
Taipei
Taiwanese company invests 186.8 million to buy new shipping containers
In the third quarter, container traffic at the Eurokai port terminals grew by 9.9% percent.
In the third quarter, container traffic at the Eurokai port terminals grew by 9.9% percent.
Hamburg
In Germany (Eurogate) the increase was 13.6% percent. In Italy (Contship Italy) of 6.8%). Slowing growth at Tanger Med. Damietta terminal will become operational in April
Danaos reports a new drop in quarterly revenue generated by fleet of container carriers
Athens
Coustas : With the Trump administration, which has promised new duties, a future reduction in container traffic is possible
In the first ten months of 2024, the traffic of goods in Russian ports decreased by -3.2%
St. Petersburg
The dry goods amounted to 370.8 million tonnes (-3.5%), those liquids at 372.2 million tonnes (-2.9%)
Mr vard will build five support ships in the offshore industry.
Trieste
Designed to accommodate up to 190 people, they will be carried out in Vietnam
Alpe Adria activates new rail service between the port of Trieste and the Malpensa Intermodal terminal in Sacconago
Trieste
Euroseas order in China the construction of two 4,300-teu feeder container
Athens
Quarterly revenue from rentals inj growth of 5.8%
The Analysis of the Fedespea Studies Centre on economic and operational performance of Italian container terminals
Milan
GNV strengthens its business department with two nominees
Genoa
New business manager and new general manager of the company in Spain
On the former Carbonyl of the Port of Genoa, the yards of the foranea dam and the subport tunnel
Genoa
The AdSP Management Committee deliberated it yesterday.
In Genoa, the Graduation Day of the Italian Academy of Mercantile
Genoa
Delivered 50 diplomas at the end of the biennial and three-year formative course
On November 27 in Rome, the public assembly of UNIPORT will be held
Rome
Meeting on the theme "Italian Ports, a network of businesses in the service of the country and of Europe"
Roberto Nappi, founder and director for 40 years of "Corriere Marittimo", has died.
Genoa
His career had begun at the writing of the Telegraph in 1958
New EU sanctions to prohibit the use of ships and ports for the transportation of drones and missiles produced by Iran
Brussels
Masucci confirmed president of Italian Propeller Clubs
Genoa
New mandate for the three years 2024-2027
The seamen of the Galaxy Leader have been hostage for a year
London / Hong Kong
Platten (ICS) : It is unacceptable ; humanity prevails and they are immediately released
MSC will implement a markup of noli for maritime transport from the Far East to the Mediterranean
Geneva
Increases of 25% and 18% for containers from 20 'and 40' direct in the western Mediterranean and Adriatic
Completed the dual-fuel retrofit of a large container ship in Maersk
Copenhagen
He will be able to navigate methanol. Increased the hold capacity
Environmental authorization of the Region to dredging the quays from 19 to 26 of the port of Ancona
Ancona
The intervention will cost a total of 16.5 million euros.
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Conference of the CNEL on the Sustainability of Maritime Transport
Rome
It will be held on November 27 in Rome
Intermodal shipments between the port of Trieste and Slovakia are growing
Trieste
In the third quarter the container traffic handled by HHLA dropped by -2%
Hamburg
In Trieste the volumes processed by PLT Italy in the first nine months of 2024 have decreased
In October container traffic in the port of Hong Kong grew by 0.7%
Hong Kong
In the first ten months of 2024, a decline of -5.2%
In the July-September quarter freight traffic in the port of Civitavecchia fell by -11.8%
Cyvitavecchia
The Cruserists increased by 2.7%
Last month the port of Singapore handled 3.5 million containers (+ 8.1%)
Singapore
In the first ten months of 2024, growth was 6.2% percent.
MSC has completed the acquisition of the majority of logistics company MVN
Geneva / Milan
The Milanese business plans to close 2024 percent with a turnover of 100 million euros.
Conference of Assiterminal entitled "Ports in Connection-ESG, IA, CSRD"
Genoa
It will be held on December 5 in Rome
In the summer quarter passenger traffic in the cruise terminals of Global Ports Holding grew by 27.5%
Istanbul
Revenue up 23%
SDC freight forwarder introduced artificial intelligence in the management of customs practices
Venice
Annually the practices followed exceed 15mila units
The sale of the shipping company Santandrea from the Pacorini to Aprile
Trieste
The company was founded in 1989 in Trieste
Port of Gioia Tauro, the memorandum of understanding for security in working environments and port operations
Joy Tauro
Will have a duration of three years
PORTS
Italian Ports:
Ancona Genoa Ravenna
Augusta Gioia Tauro Salerno
Bari La Spezia Savona
Brindisi Leghorn Taranto
Cagliari Naples Trapani
Carrara Palermo Trieste
Civitavecchia Piombino Venice
Italian Interports: list World Ports: map
DATABASE
ShipownersShipbuilding and Shiprepairing Yards
ForwardersShip Suppliers
Shipping AgentsTruckers
MEETINGS
Conference of the CNEL on the Sustainability of Maritime Transport
Rome
It will be held on November 27 in Rome
Conference of Assiterminal entitled "Ports in Connection-ESG, IA, CSRD"
Genoa
It will be held on December 5 in Rome
››› Meetings File
PRESS REVIEW
Sudan govt scraps $6bn Red Sea port deal with UAE
(The North Africa Post)
Argentina enfrenta tarifas portuarias hasta 500% más altas que otros países de la región
(Pescare)
››› Press Review File
FORUM of Shipping
and Logistics
Relazione del presidente Nicola Zaccheo
Roma, 18 settembre 2024
››› File
Paola Piraccini appointed as Legal Technical Collaborator of Spininvest
Genoa
Joined in magistrate in 1981, he is a retired cassation adviser
The meeting in Rome between the representatives of Italian ports and ports in Florida
Rome
Expect a comparison to find common themes on which to set up a benchmarking task
This year the Cruserists in the port of Ancona have grown by 18.9%
Ancona
25.1% increase in transits and drop by -5.1% of landings and embarkation
Changed Risso constitutes a joint venture in Cagliari
Cagliari / Genoa
Partnership at 50% with Fausto Saba and Riccardo Vargiu
Ok to the 2025 forecast budget of the AdSP of the Tyrrhenian Sea Centre North
Cyvitavecchia
It presents a surplus of more than 2.5 million euros
In Palermo, the first sheet of the new ferry for the Sicilian region was cut off.
Trieste / Palermo
The delivery of the ship is scheduled for 2026
Global Ship Lease's quarterly revenue records show the first decrease since the end of 2018
Athens
The company believes that its container fleet has very good future prospects of employment
DP World signs an agreement to buy Australian Silk Logistics
Dubai / Melbourne
The expected value of the transaction is approximately 115 million
A worker has passed away in the port of Crotone
Joy Tauro
He would suddenly go down to the ground while talking to some colleagues
Torbianelli : well the ok of CIPESS in financing the future Molo VIII of the port of Trieste
Trieste
Of the estimated 315 million euros, 206.9 are expected by the state
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