Today to Rome the PD has introduced own proposal of reform of the legislation in harbour matter



Today in own center to Rome the Party Democratic has introduced to the representatives of the marine cluster its proposal of reform of the legislation in harbour matter. Law 84 of 1994 - it has explained Debora Serracchiani, responsible Trasporti of the national secretariat of the PD and president of the Region Friuli Venice Julia - is "a law that has been important for the Italian system harbour", but - it has added - "after twenty years it is necessary a reform that it afford to Italy of being able to compete with the other international ports". "The requirement that agrees to satisfy, so in the proposal of law reform - it has specified - is the rationalization and better employment of the Harbour Authorities, updating of the functions through the possibility to integrate itself between they and with other operating subjects in the logistic row, besides the simplification of the relationships between the various operating administrations in the ports and long the logistic chain".

Left Democratic

Proposal of reform of law 84/94

The requirement that agrees to satisfy is the rationalization and better employment of the harbour authorities, updating of the functions through the possibility to integrate itself between they and with other operating subjects in the logistic row, besides the simplification of the relationships between the various operating administrations in the ports and long the logistic chain.
With regard to it is essential to hold account of constraints deriving from the mapping of the transeuropea Net of the transports IT TRY as previewed from Regolamento (EU) n. 1315/2013, from which therefore it cannot be prescinded.
Within such transeuropea net it will have to be adopted a plan national of the transports and the logistics, action of strategic address for the definition of the order of the harbour net and logistic.
Such normative participation must necessarily happen in coherence with the addresses in matter of control of the public expense, second how much previewed from the provisions introduced in our ordering in order to face the difficult situation economic-financial institution that our Country is crossing.

It appears therefore necessary to satisfy the improcrastinabile necessity to constitute in our Country an integrated net of the offer of transports, indispensable in order to reduce the costs of logistic inefficiency.

The reference picture must be the realization of comprehensive logistic systems about to principle more ports. In virtue and within such systems it will have: (a) to manage integrated logistic plans in which realizing infrastructural participations of connection or potenziamento between ports, interposing to you, retroportuali areas and infrastructures, road and railway nets; (b) to promote business activities and industrial essential things to the efficiency and the competitiveness of the logistic system; (c) to promote projects of multimodale integration for cargo handling and mobility of the people; (d) to realize systems of only doors for the discourse of the important administrative practical, also to fine customs, previewing that the clearance must be carried out from the same territorial articulation of the competent administration that exercises the service in the reference ports.
How much over will have to happen by virtue of understandings with the Region or the Regions comprised in the relative territories and the competent harbour authorities, of which they are previewed also amalgamation.
To the aims to contain the public expense and at the same time to stimulate the important infrastructural participations, the logistic systems will have to use all the forms of public-private partnership previewed from the ordering, adapting some the relative characteristics to the specificity of the field. Within such initiatives, they can therefore be involved the interested private subjects to the planning, realization and/or management of the foretold plans and the consequent infrastructural participations, let alone in the development of the ulterior activities as above. The relative coordination to the forms of partnership is up however to the harbour authorities that, time to time, provvederanno to involve the interested Regions or other public bodies. In particular, they could be used instruments which agreements of program, protocols of understanding or other conventions or come to an agreement.

In case the logistic systems comprise more ports alleviate than harbour authority, the same ones provvederanno to coordinate themselves or to integrate themselves between they.

They agree therefore to privilege aggregation forms bottom-up of the harbour authorities, stimulating them to the horizontal collaboration, that is to the fusion, that it can be demanded from the same ones to the Minister of infrastructures and the transports, which supplies with decrees within a fixed term from the law.
Left Democratic

Proposal of reform of law 84/94

The requirement that agrees to satisfy is the rationalization and better employment of the harbour authorities, updating of the functions through the possibility to integrate itself between they and with other operating subjects in the logistic row, besides the simplification of the relationships between the various operating administrations in the ports and long the logistic chain.
With regard to it is essential to hold account of constraints deriving from the mapping of the transeuropea Net of the transports IT TRY as previewed from Regolamento (EU) n. 1315/2013, from which therefore it cannot be prescinded.
Within such transeuropea net it will have to be adopted a plan national of the transports and the logistics, action of strategic address for the definition of the order of the harbour net and logistic.
Such normative participation must necessarily happen in coherence with the addresses in matter of control of the public expense, second how much previewed from the provisions introduced in our ordering in order to face the difficult situation economic-financial institution that our Country is crossing.

It appears therefore necessary to satisfy the improcrastinabile necessity to constitute in our Country an integrated net of the offer of transports, indispensable in order to reduce the costs of logistic inefficiency.

The reference picture must be the realization of comprehensive logistic systems about to principle more ports. In virtue and within such systems it will have: (a) to manage integrated logistic plans in which realizing infrastructural participations of connection or potenziamento between ports, interposing to you, retroportuali areas and infrastructures, road and railway nets; (b) to promote business activities and industrial essential things to the efficiency and the competitiveness of the logistic system; (c) to promote projects of multimodale integration for cargo handling and mobility of the people; (d) to realize systems of only doors for the discourse of the important administrative practical, also to fine customs, previewing that the clearance must be carried out from the same territorial articulation of the competent administration that exercises the service in the reference ports.
How much over will have to happen by virtue of understandings with the Region or the Regions comprised in the relative territories and the competent harbour authorities, of which they are previewed also amalgamation.
To the aims to contain the public expense and at the same time to stimulate the important infrastructural participations, the logistic systems will have to use all the forms of public-private partnership previewed from the ordering, adapting some the relative characteristics to the specificity of the field. Within such initiatives, they can therefore be involved the interested private subjects to the planning, realization and/or management of the foretold plans and the consequent infrastructural participations, let alone in the development of the ulterior activities as above. The relative coordination to the forms of partnership is up however to the harbour authorities that, time to time, provvederanno to involve the interested Regions or other public bodies. In particular, they could be used instruments which agreements of program, protocols of understanding or other conventions or come to an agreement.

In case the logistic systems comprise more ports alleviate than harbour authority, the same ones provvederanno to coordinate themselves or to integrate themselves between they.

They agree therefore to privilege aggregation forms bottom-up of the harbour authorities, stimulating them to the horizontal collaboration, that is to the fusion, that it can be demanded from the same ones to the Minister of infrastructures and the transports, which supplies with decrees within a fixed term from the law.

The integrated logistic plans are subordinates to strategic environmental appraisal (VAS) with the modalities previewed from the important dispositions of the code of the atmosphere, by the interested harbour authority. The law must moreover preview thin procedures of adoption of the aforesaid plans (conferences of the services, deliberating to majority). The projects elaborated on the base of the plans constitute in all respects varying regarding the harbour town development plans and to the town-planning plans of competence of the local governments interested from the same plan. The projects of constituent works of great infrastructuring adaptations or technical-functional improvements of approved of harbour town development plans, are not subjected to the procedure for the appraisal of environmental impact.

The discipline of the Net TRIES, than as already indicated it constitutes ineludible point of reference for the reform, it must be therefore mail to the base of the classification of the ports and the determination of the number of the harbour authorities, [… that blank ulterior possible integrations/fusions second how much previously indicated, must substantially coincide with the ports of the central net ("Core").]
Because of their importance to the aims of the European logistic order, the ports center or already center of harbour authorities however is attracted to the competence of the State, so as civil servant is the competence in safety topic.

The competence is regional for the ports of regional or interregional economic importance, while the other ports comprised in the total net ("comprehensive") can or less being attracted to the regional competence, according to the respective detailed list economic importance.
Firm remaining the state competences according to article 117 and 118 of the Constitution, the ports of regional competence the legislative and prescribed function is exercised by the Regions in the respect of fundamental principles already directly fixed from the reform law, which:

exercise exclusively by private subjects of the commercial activities of enterprise and;
safeguard of the health on the job place;
protection of the competition;
respect of the dispositions of the European Union;
respect of the state title in matter of dominicale regime of the marine Federal property, with reference to article 31, 32, 33, 34 and 35 of the navigation code and the determination of the canons, compatibly with previewed how much from I decree legislative 28 May 2010, n. 85;
obligation of acquisition of the opinion of the marine authority to the aims of the release of the authorization to the exercise of the services and the harbour operations, in relation to the profiles of harbour safety, of marine navigation and the marine transport;
respect of the state title in matter of safety of marine navigation, safety of the marine transport and harbour safety;
obligation of marking out of the within and the total order of the port, comprised the destined areas to the industrial production, the shipbuilding activity and street and railway infrastructures there, through the harbour town development plan, that it also characterizes the characteristics and the functional destination of the interested areas. The obligation not work with regard to the exclusively having ports tourist function and from diporto;
obligation of acquisition of the opinion of the marine authority for the adoption of the harbour town development plan, to the aims of the verification of the compatibility of the plan with the requirements of harbour safety, safety of marine navigation and safety of the marine traffic;
respect of the state title in matter of discipline of the technical-nautical services and relative rate making, also according to guarantee of uniform protection of the requirements of safety of navigation and harbour waters;
respect of the fixed principles for the exercise of the operations and the harbour services, the development of the harbour job, the release of the state property concessions;
faculty to institute harbour systems, also on interregional base.

In the blackberries of the effectiveness of the regional dispositions, the administration of the regional ports is carried out by the marine authority. The Regions, against assent of the Ministry of infrastructures and the transports, can however make use of the marine authority disciplining the regime of avvalimento also by means of appropriate convention that is can make use, in regime of convention, of an instituted harbour authority in the Region.
Specific norms then are placed in order to characterize the areas finalized to the military defense and safety of the State, the control of the marine traffic and to the requirements of the Body of the harbour offices, the Police and the Firemen.

Regarding the harbour authorities, confirmation their public nature also to the aim to attribute to they a part of the jettison at sea of pays generated from the ports, avoiding the possible criticalities that with regard to they can otherwise derive from the European discipline in topic of competition and aids of State. How much over, in particular, relatively to the investments in which they could be involved also in the within of the collaborations inside of the logistic systems, and by virtue of the several forms of public-private partnership as above.

Which not economic public body of national importance to special ordering remains therefore stops the nature of the harbour authority, equipped of administrative and organizational autonomy, budgetary and financial institution in the limits previewed from the law.

To it the dispositions are not applied of which to the law 20 March 1975, n. 70, let alone the 30 dispositions of I decree legislative March 2001, n. 165.

The possibility of cited ulterior integrations always saves/fusions on request of the same harbour authorities, the existing harbour authorities to the date of effectiveness of the reform, than they do not turn out coherent with the enunciated criteria over they are melted to more late with the expiration of the organs in charge to the date of effectiveness of the reform and are made to meet in one of the residual harbour authorities.

The harbour authorities to suppress that they are commissariate to the date of effectiveness of anticipate law, supply to meet in other harbour authority not beyond six months from the same date. To the aims that precede, it is up to the commissioner of the harbour authorities interested to formulate appropriate request to the Minister of infrastructures and the transports, advance incorporating understanding with the harbour authority. The Minister provvederà within 30 days with decrees. In the same one I decree also will be characterized the modalities with which it is provided to the issolution of the interested harbour authority and to its incorporating incorporation in the harbour authority, there included eventual integrations in the composition of the harbour committee of this last one. In case to the last date previewed for the issolution of the harbour authorities as above the same ones they have not supplied to send the issolution request and incorporation, supplies the Minister directly.

In the cases in which the jurisdiction of the harbour authority it comprises more ports of call, in the exercise of the functions of management in the decentralized ports the harbour authority can make use of the local marine authority on the base of an understanding protocol.
The enforced dispositions for the free points remain at last blank.