Filt-Cgil, Fit Cisl and Uiltrasporti, the ddl on the portualità still incomplete and are not adapted to the requirements of the field



Yesterday the representatives of Filt-Cgil, Fit Cisl and Uiltrasporti are listened to in audition near the Eighth Commission of the Senate on the bill of reform of the 84/94 in harbour matter currently in argument to Palazzo Madama that - second the three unions - "has the virtue to reunite in a normative corpus the numerous contained provisions in decrees Salvaitalia, Crescitalia and Sviluppo, recependo some sollicitations of the union, stiff to increase to the competitiveness of system through ulterior instruments of management and planning of harbour infrastructures and through the improvement of the regulation of the market of the enterprises that they operate inside of the ports, reducing the fragmentation ofthe harbour cycle".

In the participation near the Commission Public works, communications of the Senate, that we publish below, Filt-Cgil, Fit Cisl and Uiltrasporti have specified that "the text, however, is still incomplete and adapted to the renewed requirements of the field and regarding the thematic ones of the job problematic ones do not find solutions some and lack specify instruments of regulation of with of the enterprises that interact in the entire system of the transports and for this - they have announced - we anticipate some amendments".

FILT CGIL	FIT-CISL	UILTRASPORTI
NATIONAL SECRETARIATS

Audition on the bills nn. 120 and 370 of reform of the legislation in harbour matter
Rome, 15 October 2013
Audition on the bills nn. 120 and 370 of reform of the legislation in harbour matter
Rome, 15 October 2013

We thank the President and the Members VIII the Commission of the Senate in order to have proceeded to this audition during which we will subject you of the observations that, to our warning, become necessary for throw again of the Italian portualità, considering that the ports represent fly for the development of the Country.

We on October 10, 2012 reconfirm the judgment expressed in the course of the audition to IX the Commission Transports, Posts and Telecommunications of the Chamber of Deputies on the text that reunites in an organic normative corpus numerous provisions in harbour matter contained in you decree Salvaitalia, Crescitalia and Sviluppo recepisce some "political sollicitations", although in insufficient way, movements from our stiff Organizations to increase the "competitiveness of system" of the Italian portualità through the introduction of ulterior instruments of management, planning and realization of harbour infrastructures and through the improvement of the regulation of the market of the enterprises that operate inside of the ports.

The d.d.l it adds in fact article 11 second (systems logistic - harbour) that it would have to return the process more effective than planning and realization of logistic and harbour infrastructures, crystallizes the first elements of autonomy financial institution of the contained Harbour Authorities in I decree Development, successively integrated in I decree Of Fare, and introduces the forecast of a bottom for the financing of the railway and street intermodal connections.

In the text some elements introduced from our Organizations have been moreover understood that, shaping in cleaner way the markets than reference of the harbour enterprises (are seen in purpose art. 16 c. 4 and art. 18 c. 13) contribute to reduce the fragmentation of the harbour cycle and notes consequences of social nature that achieve some confirming as the resource to contract forms must regard the single harbour services, that is the "specialized, complementary and accessory performances to the cycle of the harbour operations" and therefore not coinciding with they.

In so far as we appreciate the job carried out to the Senate with respect to the nautical services technical, and therefore art. the 14, than being services of general interest and extremely specialized the market" or the much worse one "for the market" cannot sure suffer of a wild competition "in.

However the d.d.l it appears above all to our still incomplete warning in a situation aggravated from the unfavorable economic and characterized conjuncture from the change of the economic balances geo and the scenes of the competition that today is played always more between open and articulated logistic systems and where the process of penetration of the companies of shipping in the terrestrial row of the transport, through the terminal purchase, has ingendered mechanisms of dangerous distortion of the market for the occupational estate.

This is confirmed by practical notes in case the companies of shipping, following logical own decide to divert traffics on other ports of call being produced shattering social effects.

Regarding thematic closely connected to the job some problems do not find therefore solution and remain unchanged the conditions that have generated discrezionalità and opening of litigations, and lack specify instruments of regulation of with of the enterprises that interact in the entire trasportistico system.

It goes in fact restated that the temporary performance of previewed job from article 17 (law 84/94), only subject that can make use of the administration of labor in the harbour operations and services, integral the activity of the terminalista enterprise. An essential passage is this because it carries for services with if two important implications that the port offers.

The first previews that the job temporary, for the best one and corrected operation of the port, can be supplied, as well as for single starters, also in way planned and organized for teams with duration contracts, that more flexible and reliable structured participations allow mainly. In fact this criterion already is introduced by the law 84/94 that, not to case, speaks about performance of temporary job and of labor, not establishing therefore, than the enterprise or agency, is not a recruiter of labor for the enterprise that in fact uses it, but a supplier of job on which it has a integral part of organizational power when the organization of the user.

Law 84/94 moreover does not place limits of temporaneità in the job supply. Even though, to our opinion, these elements already are contained in law 84/94, go better specified in a new legislative text, avoiding, in this way interpretative sophistries, exceptions and violations of the norms.

The second one regards the possibility of uses it of means and auxiliary equipments to the harbour job that is not prevented by law 84/94, but goes better defined: the harbour job is not exclusively a unskilled labor but, for its nature, it demands the aid of machinery being profitable, therefore, more and more necessary the rationalization of the average presents in a port and more and more decisive for the entire harbour system functional rules, in reality, to the same enterprises.

It does not have, then, to be neglected the compositions of the organic ones. In fact, in order to guarantee the due necessary flexibility to the corrected operation of the ports, the total force job must have an just functional balance to the safeguard of the existing total occupational levels.

The enterprises or agencies art. 17 (law 84/94) do not only answer to same himself, this not only for the constraints (tariff, organizational, social, of market etc) to which they are subordinates, but as they are at the same time enterprise and supplier of a general service, an element of balance to guarantee of all the operators and dynamics of the traffics. Own for this reason constitutes an essential element and of qualification for the ports especially in the current phase of contraction of the traffics and control of the rates but that it has determined a consisting reduction of the demand for job by i

Operators terminal to the supplier enterprise of temporary job, generating a imbalance that undermines to the bases the same existence of such subject.

In reason of this in spite of the strutturalizzazione of the IMA happened through L. 92/12 through the extension to former enterprises art. 17 of the obligation contributive of which to article 9 of L. 407/90 it is interest common to assure their presence also through provisions you turn to defiscalizzare the business costs of the enterprises that make use in conspicuous way of the temporary job and/or through the institution, by the Harbour Authorities, of a sovrattassa on the cargo and disembarked time to support you specify processes of reorganization of former enterprises art. 17 and the formation and redefinition of the organic ones.

There is moreover an ulterior one and serious issue in head to the art. the 21 enterprises transform yourself according to Co. b of L. 84/94 that concerns to the sphere of the responsibilities connected to the exposure to the asbestos of the workers. Considered that the transformation has happened for law obligation it is necessary to take part so that the current articles. 17 therefore are not forced to answer then to the responsibilities in head to the articles. 21 b, what that would cause they strong financial repercussions of character.

Rimarchiamo moreover that, in spite of the pluriennali observations, up to the present the law text does not preview the presence in harbour committee of the representative of the authorized enterprises according to former art. the 17.

Regarding, then, the specific authorizations for the exercise of harbour operations to be carried out to the departure or the arrival of the ships, that is the so-called self-handler, this must be authorized single in the ports where it is not possible to make use of the harbour workers, as already restated in international employment contracts of the marine field, and however it can be authorized exclusively when the ships are equipped of adapted means to the operations to carry out, with exclusively dedicated to the exercise of such operations, not fungible, task with seaman's book and added staff in armament table.

In topic of fallen back in occupational and economic terms it is always necessary to exceed the controversial and unjustified application to the dependent of AP, whose relationship of job it is of private nature so as clearly sanctioned in law 84/94, of the norms of afferent control of the public expense to the Civil Service which the D.L. 78/2010 that the d.d.l it tries to clarify, sanctioning not the applicabilità of the dispositions of which to the Laws n. 70/75 and n. 165/01 to To. P., without to our warning succeeding in dirimere this “aeterna quaestio”.

Regarding the total assimilation of the Harbour Authorities to the not economic Public bodies, besides to reduce rights and protections of the workers from the contractual point of view, based on which we express more the total contrarietà, it makes useless every opportunity to guarantee the specificities of these Agencies. It is absolutely necessary to give a definitive solution to this hoary problem in the direction from we many times over indicated.

It appears altogether however strengthened the role of the A.P., in a field which that harbour one, of strategic importance for national the productive and distributive system, that it must be able to characterize above all in order to address and to accompany positively the changes that characterize the field of the shipping and of the transports.

In the text permangono however criticalities tied to the limitation of the tasks and the functions attributed to the Harbour committee. To give to more powers to the presidents for the sburocratizzazione of some actions and procedures is a positive thing. Velocizzare the times of performance of many practical avoiding of ingolfare the work of the Harbour Committee servants to giving more fluidity to the job of the A.P. Although this, to belittle the competences of the harbour committees, attributing to the presidents tasks today of the harbour committee, does not help the portualità and we refer to the deliberation of release of the marine state property concessions and of to the exercise of harbour enterprises for an inferior duration to the four years. We consider opportune that for the authorizations and concessions relating to the harbour job and therefore to art.16 and the 18, the committee comes preventively felt as expected from the current law.

To leave the decision to the single President without to have at least felt the committee on specific matters, that they can often interest fallen back occupational and with repercussions of social character, we do not believe that it can favor a process of modernization of the ports. Moreover we consider indispensable in the management of the Harbour Authorities, than requirement minimums in order to carry out a role so qualified importance, remain those previewed from the current law, without some modification.

Moreover the modification brought to art. the 9 of law 84/94, we do not share it. We consider unfair to limit mandates of the representatives of the workers.

Between the others important criticalities are the not easy interpretation of the new dispositions inherent to the harbour Town development plan and not the clarity about the distinguished attributions to the Marine Authority and A.P of functions of control and technical regulation to the aims of safety of the harbour activities.

In estimating positively that after ten years of debate finally the opportunity is caught a glimpse to reach to a reform of the legislation in harbour matter, it is considered however that the long “gestation” of the iter legislative could have produced a more current text mainly, that gave to greater organicity and competitiveness to the system, and therefore answering to the requirements of the portualità.

In order to answer to the requirements manifested from the harbour field, pain the definitive marginalization in the European panorama, are necessary to our warning chosen precise of infrastructural politics on a national level (framed in the widest scene than development to European level) to which coherent instruments and models of management of the ports correspond.

The total dimension of the markets and the operators is profitable more and more complex for the subject public to govern the choices of harbour politics, is in phase of “selection” of the future concessionaires, is in the development of the enterprise activities that are extended in a temporal horizon of long period.

The enforced mechanisms of revocation or lapsing of concessionaire's right, in fact, seem inadequate in a situation in which the subject public it does not have “objective” elements in order to so estimate the responsibility of the concessionaire (except cases ends) as of instruments in order so much more interpreting strategic acting of the terminalista enterprise, when it joins in a total Network of which it represents only one of the possible centers of profit.

The competitiveness in fact is played between “open and articulated logistic systems” for which the resources to activate and the subjects to involve the local borders extend towards the macros economic regions of reference. The “system port” must be able to represent a determining element for being able to address the processes. In the past few years, also for effect of the crisis that has induced a remarkable decrease of traffics along the East-West director, the competition instead has often been played following the perverse mechanisms of the contraction of the costs of labor to the detriment of the social protections and of safety of the harbour job.

The most recent ones called that they have invested of transhipment of the south Italy quite undoubtedly represent an example of as the infrastructural choices in matter of transports on a national level and the inadequacy of the instruments (also normative) of government of the ports, receipt with a “deep market” in and fast evolution where the competition on the costs of labor and the system of the “rules” quickly wrongfoots entire segments of our portualità.

These “external” factors, destined to heavy condition the competitiveness of the traffics of transhipment, are arranged with the strategies of the great international operators who, if on one side they can determine the development of a port, from the other of it induce an immediate “crisis” when the productive conveniences are moved from an area to the other. The provisions until to hour assumed from the Government are not resolutive of the problem, open ulterior contradictions in a field already hardly tried from the crisis. He is instead obvious the necessity to introduce a specific norm of fiscal character for the traffics of transhipment against specific guarantees, by the enterprises, in terms of maintenance of the volumes and the occupation in the Italian ports.

Today, seen the evolution that it has interested the text managed from the Commission of the Senate, and recalled the most recent ones made that they have interested the national portualità, it is important to synthetize some points that they must be considered indispensable in order to start a real one I confront and an open debate on the reform of the field.

The first important topic is that of the instruments in order to manage in possible the more effective way the process of planning and realization of harbour infrastructures.

The role of coordination of Harbour Authority goes in fact also appreciated regarding the ability to represent an element of velocizzazione of the infrastructural participations.

A change, that content in the d.d.l., that it favors the performance of the works, public and private, to realize in harbour within and that it goes accompanied with a effective possibility, for the Harbour Authorities, to represent an element of impulse and stimulus for the instruments of concertazione between the various subjects involved in the performance of the participations previewed from the Harbour Town development plans, for which serve sure times of approval.

To this end, the topic is that of the “government” of the public-private relationship that becomes particularly delicate when draft of investments of wide breath and important strategic valence as those in new street, railway, harbour or logistic infrastructures.

Better it would be a “Authority of System”, participated from more institutional subjects that on one side are able to activate the resources necessary financial institutions for the development and, not less important, to increase to the weight of the choices of infrastructural politics in way such to extend the local dimensions. A kind of seed-federalism with centralization of the decisions and the choices at the level of macro economic regions. In this picture we wish that the review of Titolo V of the Constitution checks to exclusive the legislative competences of the State the harbour discipline.

Perhaps this model could partially resolve the problem of the fragmentation of the decisions and to favor the necessary concentrations on projects of international importance. In this model the subject backers and the enterprises interested could sure enter but in a logic of “concertazione”.

In synthesis it is necessary to rethink new instruments in order to plan and to realize the harbour infrastructures and the relative logistic system and of the transport, without which a port cannot be more considered competitive.

The other argument to face is certainly that relative one to the qualification of the public presence in harbour within; not only under the profile of the Governance of the Harbour Authority but also with regard to the Governance of the entire “system port”.

The reflections that until today have been developed not in fact have dedicated to the due attention to the public context “of the ports” in which the Harbour Authority work.

In other words, he is not proponibile I rearrange of the system that do not look also to the role carried out from the Marine Authority, from the same Agency of Customs and from the various Institutes that, to various title, concur to define the total order of the harbour production process. From this point of view an effective coordination of the various public administrations presents in harbour within can assure a greater ability to the system to answer to the requirements of efficientamento and organization and safety of the cycle of the transport.