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the proposal to block the release or I renew of the concessions waiting for the new law on the ports provokes the protest of Assiterminal
Answering to the signalling of senator Maurozio Rossi, the undersecretary Of the Low Dear De it has specified that cargo to report will be made to the minister so that measures are adopted in order to prevent a not correct and inopportune allocation of concessions
August 5, 2015
Today from Liguria senator Maurizio Rossi (Civic Gm/Liguria), in occasion of the approval in Commission Public works, communications of the Senate of the outline of seeming on National the Strategic Plan of the Portualità and the Logistics elaborated from the government, has marked who in this moment in which there are commissioners and presidents of Harbour Authorities waiting for a normative new, does not have to be assisted to the race to renews of the concessions. In particular, Rossi has specified that some Harbour Authorities, as in the case of Genoa, are receiving numerous demands for the concession of the docks, very long periods also, and have evidenced that draft clearly of a movement with which some subjects would want to be preconstituted of the monopoly positions in order to avoid changes legacies to the imminent reform of the field, delineated in the Plan under investigation. Rossi, finding that in many cases these concessions could be assigned with not competitive and little transparent procedures, has asked that the government takes part in order to prevent the problem.
The reporter Marco Filippi (PD), also considering the issue important mail from senator Rossi and sharing of totally the worry, and the president of the Commission Altero Matteoli (FI-Pdl) have convene that the marked issue from senator Rossi cannot be recalled in the outline of seeming, that specifically regards national the strategic plan of the portualità and the logistics. In particular Philippi, finding that even if for the moment no Harbour Authority has still proceeded to still assign to new concessions being the advanced demands in a phase preliminary investigation or prepreliminary investigation, has expressed also he it necessity that the Ministry completely takes part on the presidents or the commissioners of the Harbour Authorities so that new abstain from entrusting concessions, being this inopportune in this phase of transition that precedes the reform of the field. From part its Matteoli has been said sure that the government will be activated as soon as possible with the Harbour Authorities interested in order to prevent the paventati risks.
The undersecretary of Infrastructures and the Transports, Dear Umberto Del Basso De, has said that for how much concerns the signalling of senator Rossi will make cargo to report to minister Graziano Delrio so that the measures apt are adopted all timely to prevent a not correct and inopportune allocation of concessions by Harbour Authorities, especially if in expiration or quite commissariate.
On the issue it mails from senator Harbour Rossi is taken part also the Italian Association Terminalisti (Assiterminal) remembering that "reviews of conditions and delays of the concessions are adopted, also recently, from various Italian Harbour Authorities against questions of terminalisti and/or other concessionaires". According to the association, "it would be discriminatory and heralding to generate conditions of incorrect competition in the market of the handling harbour now for stopping the examination of requests in such sense introduced by terminal operator (for example if of the port of Genoa).
Moreover - it has found Assiterminal - they are the many concurrent foreign ports, also whereby models of concessorio type are applied, where in the agreements come normally inserted clauses of renew, extension and rinegoziazione".
"The resolution of these cases - it has emphasized Assiterminal - answers to the requirement of adaptation of the concessorio action to which supervened events and to logic not to discourage the private operator in the realization of suitable investments to the conservation and the development of the traffics and for a profitable use of the state property compendium. This values the cooperation between Harbour and terminalista Authority for the employment of new resources, also in the interest of the entire port and for the maintenance of good continuity of service to the served customers".
"The possibilities to modify or to audit the contract of concession of areas and docks under validity, also through delay, without the need of procedure of contest but in the respect of the communitarian principles of transparency and publicity - it has observed moreover the association of the terminalisti - are riconducibile, to our warning, mainly (but not exaustively) to the following cases: new investments (regarding those initially programmed ones) of the terminal operator in systems, structures and/or harbour works generally, finalized to the development of traffics; a harbour enterprise that has very performato in concessorio contract constancy; to resorting of specific foundations to characterize itself in facts for example which supervened and of act of God that affect the economic balance financial of the concessionaire".
"To our warning - it has concluded Assiterminal - the enforced norms, article 18 reads 84/94, Code Navigation and Regulations to the Code Navigation, allow to resolve the indicated situations over. Moreover how much over is confirmed by the recent decisions of the EU commission, on some concessions to terminal operator in the port of Trieste, that they have considered with the communitarian norms contract delays legitimate and completely compatible of concession in being" ( on 24 April 2015).
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