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the Harbour Authority of Genoa will publish for 60 days the requests of delay of the harbour state property concessions
It is established after I confront with the ministerial structures to the aim of the maximum publicity and transparency
September 2, 2015
In its "Communication on European politics of the ports" on October 18, 2007 the EU commission, recalling itself to its "interpretative Communication of the Commission on the concessions in the communitarian right" of 2000, had determined that when a harbour concession reaches expiration, "its renews is assimilable to a new concession" and, therefore, it is subject to the norms and the principles of the Treaty. The Commission, recalling itself to the jurisprudence of the Law court, had evidenced that consequently "the public authorities are bound from a transparency obligation that involves an adequate publicity of their initiative, a fair and not discriminatory procedure, with the possibility of resource. Such obligation of transparency - it had specified the Commission - consists in guaranteeing, in the interest of every potential offerer, a degree of sufficient publicity such to afford that the concession is open to the competition and that it is possible to control the impartiality of the award procedures". The dispositions of Brussels, in reality, are not observed in the overwhelming majority of the procedures of renew of the harbour state property concessions that are ollowed in the various nations of the European Union.
The issue of I renew of the concessions is raised in these days from the Harbour Authority of Genoa as a result of the requests of delay according to the advanced Navigation code from some terminalisti that operate on harbour areas that are between most strategic of the entire Italian portualità ( on 26 August 2015). Article 37 of the Navigation code establishes that "if more questions than concession, the petitioner is favorite whom she offers put up guarantees of profitable use of the concession and she is proposed to make use of this for a use that, to judgment of the administration, answers to a more important public interest". If in other nations EU analogous procedures they come running adopted in case of I renew of the harbour concessions, the Italian jurisprudence instead has been expressed many times over in favor of the prohibition of renews without accomplishment of a contest procedure.
For having elucidations on the topic of the delays to the harbour state property concessions president Luigi Merlo has addressed to the Ministry of Infrastructures and the Transports. Today the Harbour Authority of Genoa has announced that such clarification has taken place: the general secretary of the agency, Giambattista D' Aste, has had in fact to Rome confronts with the ministerial structures that - he has explained the harbour authority - he has I allow to define that the Harbour Authority, to the aims of the maximum publicity and transparency, will publish for a period of 60 days the single reached requests of delay.
"In such a way - it has emphasized the president of the Harbour Authority of Genoa - it will be proceeded until from the next days in linear and clear way. With this procedure - he has found Luigi Merlo - my successor will have all the elements correct and necessary in order to estimate the preliminarys investigation and to subject to the Harbour Committee the final appraisals". Moreover the genoese harbour agency has specified that meantime the Ministry will clarify if intends to assume provisions in matter, not being never is emanated the appropriate regulations.
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In its "Communication on European politics of the ports" on October 18, 2007 the EU commission, recalling itself to its "interpretative Communication of the Commission on the concessions in the communitarian right" of 2000, had determined that when a harbour concession reaches expiration, "its renews is assimilable to a new concession" and, therefore, it is subject to the norms and the principles of the Treaty. The Commission, recalling itself to the jurisprudence of the Law court, had evidenced that consequently "the public authorities are bound from a transparency obligation that involves an adequate publicity of their initiative, a fair and not discriminatory procedure, with the possibility of resource. Such obligation of transparency - it had specified the Commission - consists in guaranteeing, in the interest of every potential offerer, a degree of sufficient publicity such to afford that the concession is open to the competition and that it is possible to control the impartiality of the award procedures". The dispositions of Brussels, in reality, are not observed in the overwhelming majority of the procedures of renew of the harbour state property concessions that are ollowed in the various nations of the European Union.
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
