Assologistica has introduced seven amendments to the bills of reform of the harbour norm



Yesterday Assologistica, in the course of an informal audition near the Commission Public works, communications of the Senate, has introduced seven amendments to the bills n. 120 and 370 of reform of the harbour legislation. The association, to which logistics enterprises are under responsibility, harbour, interportuali and airport terminalisti, has manifested appreciation for the introduction of the logistic-harbour systems in the normative systems, but it has emphasized the intransgressible urgency to make of the choices that they hold account of possible integrations between ports, to interpose you (also private) and airports and of their basins of traffic and look to the territory as integrator between productive enterprises, fields and society.

Andrea Gentile, president of the grouping of the harbour terminalisti of Assologistica, therefore has evidenced the necessity to pass from the concept of industrial district to that of logistic district, as enunciated in the plan of the Logistics of 2006. After to have appreciated the introduction in the witnesses of the bills of first elements of norm on the expansions and the extensions of duration of the concessions of the harbour terminalisti, he has at last expressed the positive opinion of Assologistica on the introduced simplifications, as the modification of the procedures of approval of the harbour town development plan in sure times and a coherent involvement of the institutions interested with an emphasized regolatrice function and of coordination of the Harbour Authorities.

However the association has evidenced the inefficiency of these as of other norms in logistic harbour matter and if it will continue to lack a developed general programmatico picture in an optical system of the national portualità. Every port - it has found Assologistica - has an own function on an area of infuence and on specific merceologici segments or types of carrier and the programmatoria function of the State - coherent with relevant appraisals on the contendibili markets as that carried out in communitarian center - it would have to indicate to the Harbour Authorities the fine ones to pursue and to put end to the anarchy of the localist ambitions.

According to Assologistica, it is at last necessary to align itself more to Europe, corresponding in the legislative philosophy and in the normative definitions to the programmatico design regarding transoceanico traffic, transhipment and connections with the nets TRY, defining the system ports to make to coincide with "Core characterized Network" from the European Union.

"We have noticed with it like - Andrea Gentile has commented - a strong interest by the senators of the Commission, with a level of argument on the amendments from introduced we that we pick, very positively, as a new attention towards our category".

The amendments introduced from Assologistica to the harbour bills of reform (S 120 and S 370)

1° Amendment
Introduction of the definition of the category of the ports of transhipment, based on the threshold of beyond 75% of containers (TEU) which reshipped from a ship to the other. This normative identification facilitates in perspective the definition of participations aimed in these ports that compete in a Mediterranean market whose rules (of job safety, administrative) are very various from those national ones.

2° Amendment
In customs matter, the introduction in the logistic-harbour systems of an adaptation to the communitarian opinions is demanded that under certain conditions, allow the possibility to deposit the customs declaration in a various office from that in which the goods they are introduced. On such point in the precedence legislature the Agency of Customs has been expressed also.

3° Amendment
Sul service of harbor tug is proposed that it is clarified inequivocabilmente that the rate of operating alacrity of the service can be introduced in order to not only re-balance the accounts of the concessionary company of the service, but also and independently when the universal service of safety harbour exercised by the towing companies is to all purposes and effects at the expense of a commista minority of users because to the rate of commercial service.

4° Amendment
Introduction of the price CAP. In recepimento of the recommendation of the guarantor Authority of the competition and the market of the 14.12.2012 with which the competent authorities were invited to fix mechanisms of determination of the rates on the base of a system "price CAP "that in fact it turns out a system that it mainly stimulates the efficiency regarding the mechanism today in use of the "installments of return "and that, always second the Antitrust, it does not appear in contrast with the requirements of safety of the services and can guarantee greater competitive ability to the national ports.

5° Amendment
Temporary job. The amendment is finalized to redefine if and when it is possible to conclude the contract of supply of temporary job in the within of the negotiations for I renew of the CCNL.

6° Amendment
Contracts of harbour operations. The amendment is face to eliminate an unwarrantable limitation introduced from the Senate to the contracts of harbour operations. The contract of a phase or a segment of an industrial cycle is disciplined in the common right from the art.1655 c.c and from the art.29 of Legislative Decreto 276/2003 and it is distinguished from the administration of labor "for the organization of necessary means by the contractor, that it can also turn out, in relation to the requirements of the deducted work or of the service in contract, from the exercise of the organizational and directive power in it confronts of the workers used in the contract, let alone for the assumption of the enterprise risk". In harbour within such entrepreneurial option is limited in the following way from the art.18, co.7 of the enforced text of law 84/94: "on motivated demanded of the concessionary enterprise, the conceding authority can authorize the confidence to other harbour enterprises, authorized according to the art.16, of the exercise of some activities comprised in the operational cycle". The text approved of from the Senate shrinks the space of entrepreneurial autonomy ulteriorly, arranging that such activities are "not preponderant" and that the same ones must moreover not be inserted in that part of operational cycle that coincides the operations of disembarkation or boarding.

7° Amendment
Infrastructural investments of the concessionaire. The amendment is finalized to return the text of the norm more coherent that, referring to carried out infrastructural investments from the concessionaire, already previews that the concession can be consented "for a proportional period to the relationship between the ulterior investments and those indicated in the program". The norm moreover would be returned more coherent with the recent provisions (Legge 134/2012) theses to stimulate private investments in harbour infrastructures.