VIII Commission of the Senate, opinion favorable to the outline of I decree legislative on I reorder of the Harbour Authorities



Yesterday the Eighth Commission Public works, communications of the Senate has concluded the examination of the outline of decrees legislative on the reorganization, rationalization and simplification of the concerning discipline the Harbour Authorities approving of an outline of seeming favorable with conditions and observations, proposed from the reporter Marco Filippi, that we publish below.

Illustrating the outline of I decree legislative and exposing to the main modifications brought regarding the precedence version, Philippi has been stopped on the modification to the condition n. 3), that it allows with the Authorities of Harbour System (AdSP) to only assume social participation of minority in initiatives finalized to the promotion of logistic and intermodal connections. With the new condition n. 4) - it has explained - it is answered instead to the requirement of protecting the prerogatives constitutionally recognized to the Regions with special statute. Moreover the conditions of which to the n. 5) they take part on the functions of the harbour territorial offices, leading back them under the control of the Committee of Management.

Philippi has specified that the possibility of the AdSP is previewed also to institute decentralized administrative offices in all the ports where is considered necessary. It has marked therefore the condition 6), that it eliminates the forecast of the general secretary of the AdSP as organ, and the conditions 7), that they take part on the procedure of nomination and the power of decree of the president of the AdSP. The condition 8) regards the operation of the Committee of Management, previewing the prevalence of the ballot of the president in case of parity of the express ballots and integrating the Committee with the representatives of the ports included in the AdSP and located in a common chief town of province not already center of Harbour Authority. Between the conditions sub 9), that which has been stopped on clarifies procedures of nomination and requirement of the general secretary.

Moreover it is evidenced as particularly important the condition n. 11), that it reformulates the norm of the relative outline to the national Table of coordination of the AdSP. In the first instance - it is specified - the table is called more correctly "Conference" and the presidency by the minister of Infrastructures and the Transports is previewed, being a center in which is assumed decisions of strategic importance. A technical secretariat is introduced moreover, coordinated from an expert named from the minister. With regard to, the requirement to preview also a clause of cover for the relative burdens has been marked, while it under gratuitous title remains the forecast of a collaboration to the development of the tasks of the Conference by the unitary structure of the AdSP.

The reporter Filippi has stopped herself also on the observation n. 8), than sight to favor the next amalgamation of the AdSP that makes reference to a same logistic platform, also between various regions, to the aim to upgrade the synergies of the system, and on the new observations inserted to the n. 6), relative to the legal regime and the staff of the AdSP: on one side an always greater autonomy is wished financial institution and treasurer of the AdSP, from the other wonders to maintain to the current privatistico organization of the staff, conciliating the nature of public body of the AdSP with the necessary elements of operating flexibility.

Philippi has illustrated therefore the observation n. 12) that it recommends that the confidence in concession of the state property areas and the docks comprised in the harbour area always happens with procedures of contest to public evidence, in compliance with the discipline of the European Union. The reporter has specified that, also be a matter itself of a issue that esula from the matters object of the provision under investigation, however is closely connected and strongly is sped up in the course of the debate in Commission.

To such purpose the president of the Eighth Commission, Altero Matteoli, has remembered that on the issue of the harbour concessions the government is about to emanate appropriate regulations that will not be object of examination by the Commission

"Thanks to the recommendations turned to the minister of Infrastructures and the Transports on I decree legislative that it previews the reorganization, rationalization and simplification of the relative norms to the Harbour Authorities - the approval of the favorable opinion has commented senator of the Party Democratico Marco Filippi announcing - we have thrown the foundations in order to improve a already good provision". Philippi has found among other things that the outline "contains also a series of observations, between which some of more assertive character, as relative to issues of particular relief. With the recommendations understood from the provision - it has clarified the senator - the ulterior strengthening of the customs only door is guaranteed, it obligation to entrust in concession the state property areas and the docks single with contests of public evidence; the necessity to simplify the procedures for the Town development plans of the ports, in way to demand that they are in tune with the plans of the municipalities and not integrated in the single communal town development plans".


TO SEEM APPROVED OF FROM THE COMMISSION
ON THE ACTION OF THE GOVERNMENT N. 303

8the Commission Public works, communications, examined the outline of I decree legislative bringing reorganization, rationalization and simplification of the concerning discipline the harbour authorities of which to the 28 law January 1994, n. 84 (n. 303),

premised that:

- the provision under investigation is managed on the base of the delegation in matter of reorganization of the administration of the contained State in article 8 of the law n. 124 of 2015 that, to codicil 1, letter f), between the directive principles and criteria have previewed also the "reorganization, rationalization and simplification of the concerning discipline the harbour Authorities of which to the 28 law January 1994, n. 84, with particular reference to the number, the location of Authority of system let alone to the governance, taking into consideration the role of the E regions the local authorities and to the simplification and unification of the customs and administrative procedures in matter of ports";

- the outline under investigation proceeds therefore to an update of the law n. 84 of 1994 that, in coherence with previewed how much in the national Plan of the portualità and the logistics approved of in the summer of 2015, redesigns the general order of the Italian harbour system in the attempt to exceed of the fragmentation and to transform it in the point of force of a modern and efficient national system of organization and government of the portualità and the logistics, passing from a dimension tendentially "monoport of call" to tendentially "pluriscalo";

- in particular, the amalgamation of the 24 existing harbour Authorities is previewed through the institution of 15 Authorities of harbour system (AdSP), that they will coordinate with of 54 ports and will have center in the central ports of the transeuropee nets of transport, defined Core from the European norm (Regulations (EU) n. 1315/2013);

- the Authorities of harbour system, characterized as only administrative centers, will have functions of coordination regarding all the public administrations having competence on the activities to realize in the harbour within and will absorb all the functions of promotion, planning, management and control today attributed to the harbour Authorities;

- in parallel with the concentration of the competences, with the provision under investigation they agree to introduce elements of simplification of the connected administrative implementations to the development of the harbour activities, through the implementation of the "customs only Door and the controls" for all relative the administrative implementations to the goods, the strengthening of the valence of the town development plan of harbour system, the simplification of the organizational and decisional structure of the Authorities of harbour system;

considered that:

- the general lines of the aforesaid reform are wide condivisibili and must therefore be proceeded promptly to their performance, also for finally giving to answer to the coming requests from the several subjects private publics and of the marine-harbour cluster, exceeding the situation of fragmentation, weakness and uncertainty that the field has up to now marked;

- to the aim to favor I throw again and the development of the ports, facilitating the realization of the indispensable investments of structural adaptation, is necessary to introduce elements of simplification and rationalization of the procedures for the approval of the harbour town development plans that, safeguarding I confront between the various levels of government, allow however to exceed the accumulated delays and inefficiencies in these years, being reaffirmed the specificity of the harbour town development plans regarding general the town-planning instruments;

- it appears necessary to favor the constitution in fast times of the new Authorities of harbour system and the nomination of the respective presidents, in order to place end to the commissariali managements that interest numerous national ports of call restoring so, in the short term, the conditions of full operating operation and, in mean-along term, placing the bases for I throw again total of the Italian harbour system, through the acquisition of new professionalities and competences on the home market and ancheeuropeo;

- at the same time, it is necessary to hold in the just consideration peculiar administrative and operating requirements of character that can be manifested in some ports, allowing, against motivated demanded of the Regions, a consistent term of delay for the start of the new system in the interested ports of call, holding however account of the opinion expressed in merit from the Council of State and of the necessities already recalled of performance of the reform;

found that:

- the Italian harbour truth, for geographic reasons, historical and economic, is anticipated much articulated and diversified; therefore, a reform that intends to throw again in adequate way the field of the national portualità must necessarily set as objective the creation of a “system of harbour systems”, to the aim of contemperare, on one side, the objective to guarantee a common normative and regolatoria frame and an only strategic address in matter and, from the other, the requirement not to suffocate but to exalt the vocations of the single ports of call and the territories in which they join, to the aim to return the really competitive system regarding the international competition, also through a progressive bestowal to the Authorities of harbour system of elements of fiscal autonomy and financial institution;

- he is the pertantoessenziale to finally facilitate integration between the harbour systems and total national logistic and trasportistica chain, consolidating and upgrading the intermodal connections between the ports, retroporti and interposing to you, in a stiff logic to value the potentialities and the synergies of the regional and local territories. Al fine to favor such processes, appears therefore useful to restate in more explicit way the requirement than connection and of synergy between the various levels of state and peripheral government, it is on the legal plan that application;

- from the legal point of view, to light also than previewed in the norm of the proxy law previously recalled, in the outline of I decree is necessary to take into consideration the role and of the attributions of the regions with ordinary statute and, in particular, of that with special statute, than in the current constitutional order they have in the harbour matters a concurrent competence with the State;

- from the application point of view, in defining the territorial withins of the new Authorities of harbour system, the outline of I decree does not seem to consider appropriately some important situations of local character. In the first instance, in administrative divisions of the new Authorities more some ports are not included that already were inserted in the precedence harbour Authorities: without such inclusion, these ports of call are but destined to an unavoidable decline, with serious prejudice for the local communities;

- in the second place, in new administrative divisions of the Authorities, some ports, characterized lack as nodes of the total transeuropea net (comprehensive) of transport TRY. Draft generally of regional ports, on which the State does not have competence: he would be but favorable that the State and the interested Regions promuovessero, according to the procedure previewed from article 6, codicil 16, of the law n. 84 of 1994, as modified from the outline under investigation, their insertion in the territory of the Authorities of harbour system;

- parimenti, for the located ports of national interest near chief towns of province but that they are not centers of harbour Authorities, an adapted representation in the Committee of management of an Authority of harbour system, neither the institution of a peripheral administrative office of the same Authority has not been previewed neither, with the risk to create serious problems of coordination between the various institutional subjects and of administrative operation for the ports of call;

- in more general terms, in all the ricompresi ports in administrative divisions of the Authorities of harbour system that are not center of harbour Authority, it turns out however essential to preview the possibility to assure the presence of the decentralized administrative garrison, also minimal, of the new Authorities, so that the harbour enterprises and workers have a direct interface for the processing of practical administrative the more urgent and the fast resolution of the operating problems that are produced in the daily activity of the ports;

- in such context, it is necessary to better specify the competences attributed to the harbour territorial offices, also on the base of the reliefs formulated in the opinion of the Council of State and strengthening the power of delegation and address of the Committee of management and the other organs of the Authority of harbour system;

- the forecast inserted in the outline appears in any case much opportune of decrees to article 6 under investigation, codicil 15, of the law n. 84, relatively to the possibility, passed three years from of effectiveness of the provision, to ulteriorly reduce the number of the Authorities of harbour system, estimated the interactions between the logistic platforms and the volumes of traffic. Some regions that, also having more than an Authority than harbour system on their territory, could in times verosimilmente breviums meet in an only logistic platform, so justifying the amalgamation of the Authorities, in a same region or also between various regions exist in fact;

- in the harbour within they operate a pluralità of subjects private publics and, bearers of requests and interests legitimize, but often variegated and opposed, that they have provoked often in Italy overlaps and conflicts, with a total loss of competitiveness of the system. Therefore the requirement to introduce forms more effective has been made pressing during the last few years than connection and strategic address, not only on a national level, but also inside of the single harbour contexts;

- the disposition of article 8 of the provision, under investigation stiff appears therefore appreciable to the strengthening of the powers of coordination of the harbour Authorities of system regarding the various operating administrative agencies in the ports and to the consequent centralization near of they of the functions of promotion, planning, management and control already attributed to the harbour Authorities. At the same time, it is necessary to guarantee, in an approach of loyal collaboration between the various institutions of the State, the safeguard of the role of the other public administrations to which the European and national legislation entrusts detailed lists competences in harbour field;

- in this context, it is necessary to in the first instance evidence the callback to the respect of the deliberations of the Authority of regulation of the transports inserted in article 8, codicil 3, letter n), of the law n. 84 of 1994, as reformulated from article 8 of the outline of I decree under investigation, in ossequio to the specific functions entrusted to the Authority from article 37 of the decree-law n. 201 of the 2011 (norm that would have to be recalled also in the premises of the outline), for how much it concerns to the guarantee of fair and not discriminatory access to railway infrastructures, harbour, under investigation airport and to the highway nets;

- the simplification operated from article 18 of the outline is moreover deserving of particular appreciation of decrees, that it institutes the customs only Door and of the controls under the aegis of the Agency of customs, to which they are attributed, besides the tasks already entrusted to the customs only Door, also to the relative competence and controls to all the implementations connected to the income and expenditure of the goods in or from the national territory, let alone the coordination on all the disposed procedures in such within from other administrations or organs of the State (except those having from the Judicial authority or carried out from the police or safety forces). Al fine to guarantee the correct exercise of such coordination and to avoid potential overlaps and application uncertainties, could however opportune being specify that the specific functions of coordination attributed by article 18 to the only Door (and therefore to the Agency of customs) remains excluded from the coordination entrusted to the Authority of harbour system from cited article 8 of the outline, stops remaining the requirement of a grip synergy between the two administrations, species to the aim to adopt the organizational solutions more profits to guarantee a efficient operation of the single harbour ports of call;

- with reference to the legal regime of the staff of the Authorities of harbour system, it is necessary to conciliate the nature of public body of the Authority, with the necessary elements of operating flexibility that has up to now marked the activity of such staff and that the experience has demonstrated to be indispensable for a correct development of the entrusted tasks. This also to the aim to remove those elements of “not solvable antinomy on the interpretative plan” evidenced from the Council of State in the opinion returned on the outline of I decree under investigation legislative;

- to such fine, it would have to be maintained not the applicabilità of the law n. 70 of 1975, while the callback to the applicabilità of I decree legislative n. 165 of 2001 inserted from the outline in article 6, codicil 5, of the law n. 84 of 1994 would have to be limited to the dispositions express recalled in the same law and to the principles and objectives of good course, impartiality, transparency and economization. In such a way, the antinomy found in the cited one would be resolved also to seem of the Council of State, being profitable new codicil 5 of compatible article 6 with codicil 6 of article 10 of the same law n. 84, that it asserts that the relationship of job of the staff of the Authorities by right private and is regulated by the civil code and the laws on the relationships of job subordinated in the enterprise;

- always with reference to the staff of the Authorities of harbour system, if of the amalgamation of two or more harbour Authority, it is necessary to preview a distance of convergence for the harmonization, in times breviums, of the dealings of II level of i employees from the accorpate Authorities, let alone for the fixation of the relative general criteria;

- for how much it concerns some specific functions attributed to the Authorities of harbour system (those of which to article 6, codicil 4, letters b) and c), of the law n. 84), it is necessary to restate that the exercise of the same ones can be entrusted exclusively by means of procedure to public evidence, according to the new Code of the contracts (I decree legislative n. 50 of 2016);

- in purpose, also not re-entering specifically between the dispositions from the provision under investigation, but be a matter themselves however of closely connected matter and taking into consideration the recent jurisprudence of the Council of State, it appears opportune that also the confidence in concession of the state property areas and the docks comprised in the harbour within, of which to article 18 of the law n. 84 of 1994, happen exclusively by means of procedures of contest to public evidence, in compliance with the discipline of the European Union;

- on the escort of the experience matured in these years, the choice of the outline appears completely condivisibile of decrees to restate, in rigorous terms, the prohibition for the Authorities of harbour system to assume participation in society for the development of harbour operations and activity to closely connected they. However, it is equally necessary to maintain the possibility for the Authorities, through social participation of minority, to concur to stiff initiatives to promote the realization of logistic and intermodal connections, for the benefit of the harbour system, according to article 46 of the decree-law n. 201 of 2011;

- the simplification proposed in the provision for the nominations of the President of the Authority of harbour system appears under investigation condivisibile, by means of the understanding of the Minister of infrastructures and the transports with the President or the Presidents of the interested regions, maintaining however the application, for how much he concerns the nomination procedures, of the previewed general discipline from the law n. 14 of 1978;

- in relation to the powers of decree attributed to the President of the Authority of harbour system, to the aim to face in sent way possible situations of emergency, it appears opportune not to subordinate the exercise of such powers to the pre-emptive consultation with the Committee of management, that it would have to be however informed to the first useful reunion;

- for how much it concerns the Committee of management, to the aim to avoid interpretative ambiguities, the forecast of the prevalence of the ballot of the President of the harbour Authority must operate in case of parity of the express ballots and not be reported to the number pairs of the members or voting;

- with reference to the figure of the General secretary, the new connotation as monocratic organ and not more single one as leader in charge of the technical-operating secretariat risks to inside create a imbalance of powers and competences of the Authority of harbour system, with potential overlaps with the figure of the President. It appears therefore opportune to maintain the current structure organizational of the general Secretariat, being given the role of apex leader of the administrative structure of the Authority attributed to the General secretary;

- it is indispensable that the Table (than, to light of the opinion of the Council of State, it must be more exactly called “Conference”) national of coordination of the Authorities of harbour system is presided directly by the Minister of infrastructures and the transports, be a matter itself of the center in which the choices of strategic address of the harbour system are determined, for example in matter of investments and allocations of resources, that they necessarily presuppose a power of coordination and an assumption of political responsibility to the maximum level. Moreover, to the aim to guarantee the continuity of operation of the Conference, ravvisa the opportunity to institute also a technical secretariat of support, to which an endowed subject of suitable competence would have to be preplace, let alone to preview the collaboration, under gratuitous title, of the unitary representation of the Authorities of harbour system with the Conference;

- for specular reasons, it is opportune to allow the participation with the Table of national coordination also of representative the datoriali and trade-union organizations of national level of the harbour marine cluster (with detail with regard to the representations of the effectively and directly operating categories in port). Al fine to value their contribution, the several organizations can be invited from time to time in relation to the competence on the arguments on the agenda;

- in order to value and to strengthen the propositivo and advisory role of the Table (than, to light of the opinion of the Council of State, it must be more exactly called “Organism”) of partnership of the resource sea, appears opportune to list in articulater and punctual way the members - considering also of the categories currently represented in the Comitali harbour of the harbour Authorities - and to preview express that, on all the actions subordinates to its consultation, are in ascending phase that descendant, the Table expresses himself by means of not binding opinions required but;

- the “dual system” of government of the ports designed from article 14, codicil 1, of the law n. 84 of 1994, based on the division of the competences (and on the collaboration) between harbour Authority and marine Authority have had great merits for the development of the Italian harbour system, but in its practical application also a series of limits and uncertainties has shown that would demand a clarification and a better specification of the mutual competences of the two Authorities. Draft but of a much complex issue, that it demands a wide reflection, to light also of the consolidated international praxis and in particular of the European norm and the jurisprudence;

- the outline under investigation, however, taking part on a within much specific one and very delimited, more does not constitute the adapted center for such appraisals. Consequently, it appears opportune not to take part in this phase on the enforced discipline of cited article 14, codicil 1, of the law n. 84 and to suppress therefore the modifications introduced with regard to from the outline under investigation;

taken into consideration the acquired informative elements in the course of the auditions carried out with the main subjects private publics and of the marine cluster and with the Minister of infrastructures and the transports;

it expresses to seem favorable, with the following conditions:

1) to article 1, codicil 1, paragraph Art. 1, codicil 1, are added in fine the following period: “In any case the competences of the Regions are made blank with special statute, according to the respective special statutos and the relative norms of performance. ”;

2) to article 4, codicil 1, letter h), after the words: “to codicil 8” the following ones are inserted: “The words give: “The dispositions” until: “statutos. “they are suppressed; ”;

3) to article 5, codicil 1, paragraph Art. 6, codicil 12, the words: “, comprised the assumption of participation in public initiatives there” are replaced by the following ones: “it can moreover assume participation, to social character of minority, in initiatives finalized to the promotion of logistic and intermodal, functional connections to the development of the harbour system, according to article 46 of the decree-law 6 Decembers 2011, n. 201, converted with modifications from the law 22 Decembers 2011, n. 214. ”;

4) to article 5, codicil 1, paragraph Art. 6, codicil 8 is suppressed;

5) to article 6, codicil 1, Art. paragraph 6-second:
- to codicil 1, letter c) is replaced by the following one: “c) functions delegated from the Committee of management, of coordination of the operations in port, of release of the concessions until duration four-year-old also determining the respective canons, let alone the relative tasks to the smaller works of ordinary maintenance in within of participations and harbour construction industry, on the base of the dispositions of law and the determination with regard to adopted by the competent organs of the AdSP; ”;
- after codicil 1, the following one is added in fine: “1-second) Near every port of the AdSP located near a common chief town of province not already center of harbour Authority, the AdSP can institute a decentralized administrative office, that it carries out the functions established from the Committee of management. To the office the General secretary or a its delegate, chosen is preplace between the staff tenured in service near the AdSP or the presses Authority, with qualification of picture or leader. The decentralized administrative office can also not be equiparato to the harbour territorial office of which to codicil 1 of article anticipates. On deliberation of the Committee of management, the AdSP can institute administrative offices decentralized also near other ports of its administrative division not already center of harbour Authority. ”;

6) to article 7, codicil 1, paragraph Art. 7, codicil 1, letter c) is suppressed;

7) to article 8, codicil 1, paragraph Art. 8:
- to codicil 1, first period, is added in fine the following words: “, it stops remaining the application of the general discipline of which to the law 24 January 1978, n. 14”;
- to codicil 3, letter q), the words: “felt the Committee of management” they are replaced by the following ones: “informing, in the first useful reunion, the Committee of management”;

8) to article 9, codicil 1, paragraph Art. 9:
- to codicil 1, the words give: “it prevails” until: “members” are replaced by the following ones: “he prevails in case of parity of the express ballots”;
- after codicil 1 the following one is inserted: “1-second. Alle sat of the Committee participates also a representative for every port included in the AdSP and located in a common chief town of province not already center of harbour Authority. The representative is designated by the mayor and has right limitedly of ballot to the matters of competence of the represented port. ”;

9) to article 10, codicil 1:
- the letters a) and b) are suppressed;
- letter c) is replaced by the following one: “c) codicil 2 is replaced by the following one: “2. The general secretary is named by the Committee of management, on proposal of the president of the AdSP, chosen between experts of proven managerial experience and professional qualification in the field disciplined from anticipates law let alone in the administrative-accounting matters. ”;
- literally e), the n. 1) it is suppressed and to the n. 2), the words: “authorities of harbour system and the harbour territorial offices” are replaced by the following ones: “authority of harbour system and supervises and coordinates the activities of the harbour territorial offices of which to the art 6-second of law anticipates”;

10) consequently, article 10, codicil 2, are suppressed;

11) to article 12, codicil 1, the Art. paragraph 11-ter is replaced by the following one:
“Art. 11-ter (national Conference of coordination of AdSP) - 1. Near the Ministry of infrastructures and the transports the national Conference of coordination of the AdSP is instituted, with the task to coordinate and to harmonize, on a national level, the strategic choices that the great infrastructural investments, the choices of town-planning planning in harbour within concern, the strategies of performance of the concessorie policies of the marine Federal property let alone the marketing plans and promotion on the international markets of national the harbour system, operating also the verification of the development plans harbour, through specific relations managed from single the AdSP. The Conference is presided by the Minister and is composed from the Presidents of the AdSP and two representatives of the Unified Conference. The Minister can make use, also, of a technical secretariat, coordinated from an expert named with decrees of the Minister of infrastructures and the transports, having proven professional experience and qualification in the fields of the economy of the transports and harbour. The emolument of the expert of which to the period precedence, determined with I decree of the Minister of infrastructures and the transports, in the respect of the discipline on the retributive limits of which to the article 23-ter of the decree-law n. 201 of 2011, converted, with modifications, from the law n. 214 of 2011, are at the expense of the state of forecast of the Ministry of infrastructures and the transports, in the within of the resources of which to the authorization of expense of which to article 1, codicil 238, of the law 30 Decembers 2004, n. 311 relative to the technical structure of mission. The structure of the unitary representation of the AdSP collaborates with the Conference in the development of the entrusted tasks to it, without new or puts up burdens for the public finance.
2. Alle reunions of the Conference is invited the representatives of the datoriali and trade-union associations of the operating categories in the marine-harbour field comparativily more representative domestically, second characterized the specific competence in order to the matters from time to time on the agenda. ”;

12) to article 14, codicil 1, letter a), the words give: “and at last they are added” until the end of the letter are suppressed;

and with the following observations:

1) relatively to article 3 of the law n. 84 of 1994, estimate the Government the opportunity to reformulate the disposition, to the aim to bring up-to-date there contained the normative references and concerning the functions of the general Command of the Body of the harbour offices - Coastgard to the modifications taken part in these years, espungendo the dismissal to normative sources by now repealed by which supervened laws;

2) with reference to article 4 of the outline under investigation, than modification article 5 of the law n. 84 of 1994, in relation to the new procedures previewed for the approval of the harbour town development plans, the Government is exhorted with force to adopt all the measures necessary to simplify the iter administrative, limiting the number of the subjects involved in the decisional procedure and fixing sure and defined times for the conclusion of the iter same. To such fine, he estimates the Government the possibility to assume as criterion to the varying aims of the approval of the aforesaid harbour town development plans and relative the absence of contrast with the general town development plans;

3) with reference to the Attached one To of the outline under investigation, recalled from article 5, codicil 2, paragraph Art. 6, codicil 2, it is recommended to integrate the directory with administrative divisions of the Authorities of harbour system, inserting to the n. “3) AUTHORITY OF HARBOUR SYSTEM OF the TYRRHENIAN SEA NORTHERN” also the ports of Capraia and Cable and to the n. “7) AUTHORITY OF HARBOUR SYSTEM DEL MARE OF SARDINIA” also the port of Foxi-Sarroch, as already ricompresi ports of call in harbour Authorities pre-existing;

4) with reference to the same directory of which to the attached one To and the procedure of review and amalgamation of the previewed Authorities of harbour system from article 6, codicil 15, of the law n. 84 of 1994, as modified from the outline under investigation, estimate the Government the possibility, of understanding with the Regions interested and on the base of the appraisal of the commercial and logistic data, to proceed, within three years from the effectiveness of the provision under investigation, to the amalgamation, in an only agency for each Region or also between more Regions, of the Authorities of harbour system that, by virtue of the grips already existing logistic interactions, can benefit from mutual such integration. Between the aforesaid Authorities in particular those of the Apulia and the Sicily are signaled;

5) always in relation to the directory of which to the attached one To and the possibility to under investigation modify the territorial limits of the introduced Authorities of harbour system from the provision in article 6, codicil 16, of the law n. 84, the opportunity is signaled to the Government to promote, of understanding with the Regions interested, the insertion in the new Authorities also of the following ports of call, classified as you carry of the total transeuropea net (comprehensive) of transport IT TRY (Regulations (EU) n. 1315/2013): Carloforte, Freezes, La Maddalena, Monfalcone, Palau, Port Raises and Syracuse;

6) with reference to the reformulation of article 6, codicil 5, of the law n. 84 of the 1994, relative one to the legal regime of the Authorities of harbour system:
- to the aim to better develop ulteriorly to the autonomy of the Authorities and their ability in pursuing the defined strategic objectives from the Table (or from the Conference) national of coordination, the performance of a progressive process of bestowal to the same Authorities of harbour system of elements of fiscal autonomy and financial institution is wished;
- it is recommended to maintain, as expected from the enforced text of the law n. 84 of 1994, not the applicabilità to the Authorities of harbour system of the law n. 70 of 1975 and to limit the applicabilità of I decree legislative n. 165 of 2001 to the sun dispositions express recalled in the same law n. 84, and to the principles and objectives of good course, impartiality, transparency and economization. Consequently, to article 5, codicil 1, paragraph Art. 6, according to period of codicil 5 would have to be replaced from the following one: “To it they do not apply to the dispositions of the law 20 March 1975, n. 70, and next modifications. I decree legislative 30 March 2001, n. 165, and next modifications, are applied limitedly to the dispositions express recalled in anticipate law, and to the principles and objectives of good course, impartiality, transparency and economization. ”;
- to the aims of a more effective performance of the purposes of which to codicil 4, letter f), of same article 6 of the law n. 84, in matter of integration between the harbour ports of call and the retroporti, interposing to you, the intermodal and logistic, functional platforms to the development of the portualità, are recommended to preview the possibility for the AdSP to characterize, within a year from their takeover, the areas that, also external to the regional territories in which the ricompresi ports in the same Authority are placed, are considered functional to the development of the harbour activities. On such areas, advance understanding with the competent Regions, the same dispositions would have to be applied of which to article 5 in matter of harbour town development plans;

7) with reference to the modifications brought to codicil 6 of same article 6 of the law n. 84, appear opportune to restate that the managing and not managing staff of the new Authorities of harbour system must be assumed by means of selective procedures, according to principles of adapted publicity, impartiality, objectivity and transparency;

8) for how much it concerns the modifications inserted in codicil 11 of same article 6 of the law n. 84, recommend the Government to specify that the exercise of the functions attributed to the Authorities of harbour system of which to the precedence codicil 4, letters b) and c), it must be entrusted exclusively by means of procedure to public evidence, according to I decree legislative 18 April 2016, n. 50;

9) in relation to article 6 of the outline, that it institutes the territorial harbour offices, in restating the requirement that the Authorities of harbour system can institute decentralized administrative offices eventually (, but not necessarily, of level equiparato to the territorial harbour offices) in all the making ports part of the territorial within of competence, to the aim to assure an administrative garrison and a contact directed with the harbour operators, recommends a particular attention to the specific situation of the port of call of Porto Torres that, in reason of its remarkable commercial importance and the elevated volume of traffics, demands the indispensable presence of a peripheral structure of the harbour Authority of system, in order to manage appropriately all the administrative and operating aspects and to so avoid losses of efficiency and competitiveness of the port of call;

10) the requirement of respect of the deliberations of the Authority of regulation of the transports is signaled of which to article 8, codicil 3, letter n), of the law n. 84 of 1994, as reformulated from article 8 of the outline of I decree under investigation, remembering the functions entrusted to the Authority from article 37 of the decree-law n. 201 of the 2011 (norm that would have to be recalled also in the premises of the outline), for how much it concerns to the guarantee of fair and not discriminatory access to railway infrastructures, harbour, under investigation airport and to the highway nets;

11) to article 10 of the outline, it appears opportune to preview, between the modifications brought to article 10 of the law n. 84 of 1994, on one side a distance of convergence that you carry in fast topics to the harmonization of the forecasts and of the contents of the dealings of II level of i employees of the Authority of harbour system that succeeds to two or more harbour Authority, from the other the definition of the general criteria of reference of the same dealing of II level and for the selection and the professional advance of the employee staff, through the understanding between the representative association of the AdSP and the labor organizations of the interested workers, to subject to the approval of the Minister of infrastructures and the transports;

12) to article 12, codicil 1, in the new article 11-second of the law n. 84 that it institutes the Table of partnership of the resource sea (than, as already said, must be ridenominato “Organism of partnership of the resource sea”), emphasizes the opportunity to characterize with precision (considering also of the categories currently represented in the Comitali harbour of the harbour Authorities), the directory of the members of the Table, whose modalities of designation and operation must be established with an appropriate one I decree of the Minister of infrastructures and the transports.
The Table must have functions of confronts ascending partenariale and descendant, let alone advisory functions of social economic partnership, that it exercises by means of not binding opinions. The opinions would have to regard: the adoption of the town development plan of harbour system; the adoption of the triennial operations plan; the determination of the levels of the services the relative one to the organization of the job returned in the within of the thematic harbour system let alone in port; in such case the composition of the table must be integrated from the represented ones of the workers of the AdSP; the pre-emptive and consuntivo project budgetary; the composition of relative the contractual agreements to the staff of the Authority (article 9, codicil 5, letter l), of the outline).
At last, whereby in an only AdSP they are met or they meet more central ports (Core) of the nets IT TRY, already alleviate of harbour Authorities, near everyone of they would have to be instituted an analogous Table of the marine cluster, on the base of regulations established from the AdSP, together with the Table of partnership of the resource sea;

13) in relation to the concession of the state property areas and the docks comprised in the harbour within, of which to article 18 of the law n. 84 of 1994, are recommended that the relative confidence happens always and exclusively by means of procedures of contest to public evidence, in compliance with the discipline previewed in matter from the European Union.
TO SEEM APPROVED OF FROM THE COMMISSION
ON THE ACTION OF THE GOVERNMENT N. 303

8the Commission Public works, communications, examined the outline of I decree legislative bringing reorganization, rationalization and simplification of the concerning discipline the harbour authorities of which to the 28 law January 1994, n. 84 (n. 303),

premised that:

- the provision under investigation is managed on the base of the delegation in matter of reorganization of the administration of the contained State in article 8 of the law n. 124 of 2015 that, to codicil 1, letter f), between the directive principles and criteria have previewed also the "reorganization, rationalization and simplification of the concerning discipline the harbour Authorities of which to the 28 law January 1994, n. 84, with particular reference to the number, the location of Authority of system let alone to the governance, taking into consideration the role of the E regions the local authorities and to the simplification and unification of the customs and administrative procedures in matter of ports";

- the outline under investigation proceeds therefore to an update of the law n. 84 of 1994 that, in coherence with previewed how much in the national Plan of the portualità and the logistics approved of in the summer of 2015, redesigns the general order of the Italian harbour system in the attempt to exceed of the fragmentation and to transform it in the point of force of a modern and efficient national system of organization and government of the portualità and the logistics, passing from a dimension tendentially "monoport of call" to tendentially "pluriscalo";

- in particular, the amalgamation of the 24 existing harbour Authorities is previewed through the institution of 15 Authorities of harbour system (AdSP), that they will coordinate with of 54 ports and will have center in the central ports of the transeuropee nets of transport, defined Core from the European norm (Regulations (EU) n. 1315/2013);

- the Authorities of harbour system, characterized as only administrative centers, will have functions of coordination regarding all the public administrations having competence on the activities to realize in the harbour within and will absorb all the functions of promotion, planning, management and control today attributed to the harbour Authorities;

- in parallel with the concentration of the competences, with the provision under investigation they agree to introduce elements of simplification of the connected administrative implementations to the development of the harbour activities, through the implementation of the "customs only Door and the controls" for all relative the administrative implementations to the goods, the strengthening of the valence of the town development plan of harbour system, the simplification of the organizational and decisional structure of the Authorities of harbour system;

considered that:

- the general lines of the aforesaid reform are wide condivisibili and must therefore be proceeded promptly to their performance, also for finally giving to answer to the coming requests from the several subjects private publics and of the marine-harbour cluster, exceeding the situation of fragmentation, weakness and uncertainty that the field has up to now marked;

- to the aim to favor I throw again and the development of the ports, facilitating the realization of the indispensable investments of structural adaptation, is necessary to introduce elements of simplification and rationalization of the procedures for the approval of the harbour town development plans that, safeguarding I confront between the various levels of government, allow however to exceed the accumulated delays and inefficiencies in these years, being reaffirmed the specificity of the harbour town development plans regarding general the town-planning instruments;

- it appears necessary to favor the constitution in fast times of the new Authorities of harbour system and the nomination of the respective presidents, in order to place end to the commissariali managements that interest numerous national ports of call restoring so, in the short term, the conditions of full operating operation and, in mean-along term, placing the bases for I throw again total of the Italian harbour system, through the acquisition of new professionalities and competences on the home market and ancheeuropeo;

- at the same time, it is necessary to hold in the just consideration peculiar administrative and operating requirements of character that can be manifested in some ports, allowing, against motivated demanded of the Regions, a consistent term of delay for the start of the new system in the interested ports of call, holding however account of the opinion expressed in merit from the Council of State and of the necessities already recalled of performance of the reform;

found that:

- the Italian harbour truth, for geographic reasons, historical and economic, is anticipated much articulated and diversified; therefore, a reform that intends to throw again in adequate way the field of the national portualità must necessarily set as objective the creation of a “system of harbour systems”, to the aim of contemperare, on one side, the objective to guarantee a common normative and regolatoria frame and an only strategic address in matter and, from the other, the requirement not to suffocate but to exalt the vocations of the single ports of call and the territories in which they join, to the aim to return the really competitive system regarding the international competition, also through a progressive bestowal to the Authorities of harbour system of elements of fiscal autonomy and financial institution;

- he is the pertantoessenziale to finally facilitate integration between the harbour systems and total national logistic and trasportistica chain, consolidating and upgrading the intermodal connections between the ports, retroporti and interposing to you, in a stiff logic to value the potentialities and the synergies of the regional and local territories. Al fine to favor such processes, appears therefore useful to restate in more explicit way the requirement than connection and of synergy between the various levels of state and peripheral government, it is on the legal plan that application;

- from the legal point of view, to light also than previewed in the norm of the proxy law previously recalled, in the outline of I decree is necessary to take into consideration the role and of the attributions of the regions with ordinary statute and, in particular, of that with special statute, than in the current constitutional order they have in the harbour matters a concurrent competence with the State;

- from the application point of view, in defining the territorial withins of the new Authorities of harbour system, the outline of I decree does not seem to consider appropriately some important situations of local character. In the first instance, in administrative divisions of the new Authorities more some ports are not included that already were inserted in the precedence harbour Authorities: without such inclusion, these ports of call are but destined to an unavoidable decline, with serious prejudice for the local communities;

- in the second place, in new administrative divisions of the Authorities, some ports, characterized lack as nodes of the total transeuropea net (comprehensive) of transport TRY. Draft generally of regional ports, on which the State does not have competence: he would be but favorable that the State and the interested Regions promuovessero, according to the procedure previewed from article 6, codicil 16, of the law n. 84 of 1994, as modified from the outline under investigation, their insertion in the territory of the Authorities of harbour system;

- parimenti, for the located ports of national interest near chief towns of province but that they are not centers of harbour Authorities, an adapted representation in the Committee of management of an Authority of harbour system, neither the institution of a peripheral administrative office of the same Authority has not been previewed neither, with the risk to create serious problems of coordination between the various institutional subjects and of administrative operation for the ports of call;

- in more general terms, in all the ricompresi ports in administrative divisions of the Authorities of harbour system that are not center of harbour Authority, it turns out however essential to preview the possibility to assure the presence of the decentralized administrative garrison, also minimal, of the new Authorities, so that the harbour enterprises and workers have a direct interface for the processing of practical administrative the more urgent and the fast resolution of the operating problems that are produced in the daily activity of the ports;

- in such context, it is necessary to better specify the competences attributed to the harbour territorial offices, also on the base of the reliefs formulated in the opinion of the Council of State and strengthening the power of delegation and address of the Committee of management and the other organs of the Authority of harbour system;

- the forecast inserted in the outline appears in any case much opportune of decrees to article 6 under investigation, codicil 15, of the law n. 84, relatively to the possibility, passed three years from of effectiveness of the provision, to ulteriorly reduce the number of the Authorities of harbour system, estimated the interactions between the logistic platforms and the volumes of traffic. Some regions that, also having more than an Authority than harbour system on their territory, could in times verosimilmente breviums meet in an only logistic platform, so justifying the amalgamation of the Authorities, in a same region or also between various regions exist in fact;

- in the harbour within they operate a pluralità of subjects private publics and, bearers of requests and interests legitimize, but often variegated and opposed, that they have provoked often in Italy overlaps and conflicts, with a total loss of competitiveness of the system. Therefore the requirement to introduce forms more effective has been made pressing during the last few years than connection and strategic address, not only on a national level, but also inside of the single harbour contexts;

- the disposition of article 8 of the provision, under investigation stiff appears therefore appreciable to the strengthening of the powers of coordination of the harbour Authorities of system regarding the various operating administrative agencies in the ports and to the consequent centralization near of they of the functions of promotion, planning, management and control already attributed to the harbour Authorities. At the same time, it is necessary to guarantee, in an approach of loyal collaboration between the various institutions of the State, the safeguard of the role of the other public administrations to which the European and national legislation entrusts detailed lists competences in harbour field;

- in this context, it is necessary to in the first instance evidence the callback to the respect of the deliberations of the Authority of regulation of the transports inserted in article 8, codicil 3, letter n), of the law n. 84 of 1994, as reformulated from article 8 of the outline of I decree under investigation, in ossequio to the specific functions entrusted to the Authority from article 37 of the decree-law n. 201 of the 2011 (norm that would have to be recalled also in the premises of the outline), for how much it concerns to the guarantee of fair and not discriminatory access to railway infrastructures, harbour, under investigation airport and to the highway nets;

- the simplification operated from article 18 of the outline is moreover deserving of particular appreciation of decrees, that it institutes the customs only Door and of the controls under the aegis of the Agency of customs, to which they are attributed, besides the tasks already entrusted to the customs only Door, also to the relative competence and controls to all the implementations connected to the income and expenditure of the goods in or from the national territory, let alone the coordination on all the disposed procedures in such within from other administrations or organs of the State (except those having from the Judicial authority or carried out from the police or safety forces). Al fine to guarantee the correct exercise of such coordination and to avoid potential overlaps and application uncertainties, could however opportune being specify that the specific functions of coordination attributed by article 18 to the only Door (and therefore to the Agency of customs) remains excluded from the coordination entrusted to the Authority of harbour system from cited article 8 of the outline, stops remaining the requirement of a grip synergy between the two administrations, species to the aim to adopt the organizational solutions more profits to guarantee a efficient operation of the single harbour ports of call;

- with reference to the legal regime of the staff of the Authorities of harbour system, it is necessary to conciliate the nature of public body of the Authority, with the necessary elements of operating flexibility that has up to now marked the activity of such staff and that the experience has demonstrated to be indispensable for a correct development of the entrusted tasks. This also to the aim to remove those elements of “not solvable antinomy on the interpretative plan” evidenced from the Council of State in the opinion returned on the outline of I decree under investigation legislative;

- to such fine, it would have to be maintained not the applicabilità of the law n. 70 of 1975, while the callback to the applicabilità of I decree legislative n. 165 of 2001 inserted from the outline in article 6, codicil 5, of the law n. 84 of 1994 would have to be limited to the dispositions express recalled in the same law and to the principles and objectives of good course, impartiality, transparency and economization. In such a way, the antinomy found in the cited one would be resolved also to seem of the Council of State, being profitable new codicil 5 of compatible article 6 with codicil 6 of article 10 of the same law n. 84, that it asserts that the relationship of job of the staff of the Authorities by right private and is regulated by the civil code and the laws on the relationships of job subordinated in the enterprise;

- always with reference to the staff of the Authorities of harbour system, if of the amalgamation of two or more harbour Authority, it is necessary to preview a distance of convergence for the harmonization, in times breviums, of the dealings of II level of i employees from the accorpate Authorities, let alone for the fixation of the relative general criteria;

- for how much it concerns some specific functions attributed to the Authorities of harbour system (those of which to article 6, codicil 4, letters b) and c), of the law n. 84), it is necessary to restate that the exercise of the same ones can be entrusted exclusively by means of procedure to public evidence, according to the new Code of the contracts (I decree legislative n. 50 of 2016);

- in purpose, also not re-entering specifically between the dispositions from the provision under investigation, but be a matter themselves however of closely connected matter and taking into consideration the recent jurisprudence of the Council of State, it appears opportune that also the confidence in concession of the state property areas and the docks comprised in the harbour within, of which to article 18 of the law n. 84 of 1994, happen exclusively by means of procedures of contest to public evidence, in compliance with the discipline of the European Union;

- on the escort of the experience matured in these years, the choice of the outline appears completely condivisibile of decrees to restate, in rigorous terms, the prohibition for the Authorities of harbour system to assume participation in society for the development of harbour operations and activity to closely connected they. However, it is equally necessary to maintain the possibility for the Authorities, through social participation of minority, to concur to stiff initiatives to promote the realization of logistic and intermodal connections, for the benefit of the harbour system, according to article 46 of the decree-law n. 201 of 2011;

- the simplification proposed in the provision for the nominations of the President of the Authority of harbour system appears under investigation condivisibile, by means of the understanding of the Minister of infrastructures and the transports with the President or the Presidents of the interested regions, maintaining however the application, for how much he concerns the nomination procedures, of the previewed general discipline from the law n. 14 of 1978;

- in relation to the powers of decree attributed to the President of the Authority of harbour system, to the aim to face in sent way possible situations of emergency, it appears opportune not to subordinate the exercise of such powers to the pre-emptive consultation with the Committee of management, that it would have to be however informed to the first useful reunion;

- for how much it concerns the Committee of management, to the aim to avoid interpretative ambiguities, the forecast of the prevalence of the ballot of the President of the harbour Authority must operate in case of parity of the express ballots and not be reported to the number pairs of the members or voting;

- with reference to the figure of the General secretary, the new connotation as monocratic organ and not more single one as leader in charge of the technical-operating secretariat risks to inside create a imbalance of powers and competences of the Authority of harbour system, with potential overlaps with the figure of the President. It appears therefore opportune to maintain the current structure organizational of the general Secretariat, being given the role of apex leader of the administrative structure of the Authority attributed to the General secretary;

- it is indispensable that the Table (than, to light of the opinion of the Council of State, it must be more exactly called “Conference”) national of coordination of the Authorities of harbour system is presided directly by the Minister of infrastructures and the transports, be a matter itself of the center in which the choices of strategic address of the harbour system are determined, for example in matter of investments and allocations of resources, that they necessarily presuppose a power of coordination and an assumption of political responsibility to the maximum level. Moreover, to the aim to guarantee the continuity of operation of the Conference, ravvisa the opportunity to institute also a technical secretariat of support, to which an endowed subject of suitable competence would have to be preplace, let alone to preview the collaboration, under gratuitous title, of the unitary representation of the Authorities of harbour system with the Conference;

- for specular reasons, it is opportune to allow the participation with the Table of national coordination also of representative the datoriali and trade-union organizations of national level of the harbour marine cluster (with detail with regard to the representations of the effectively and directly operating categories in port). Al fine to value their contribution, the several organizations can be invited from time to time in relation to the competence on the arguments on the agenda;

- in order to value and to strengthen the propositivo and advisory role of the Table (than, to light of the opinion of the Council of State, it must be more exactly called “Organism”) of partnership of the resource sea, appears opportune to list in articulater and punctual way the members - considering also of the categories currently represented in the Comitali harbour of the harbour Authorities - and to preview express that, on all the actions subordinates to its consultation, are in ascending phase that descendant, the Table expresses himself by means of not binding opinions required but;

- the “dual system” of government of the ports designed from article 14, codicil 1, of the law n. 84 of 1994, based on the division of the competences (and on the collaboration) between harbour Authority and marine Authority have had great merits for the development of the Italian harbour system, but in its practical application also a series of limits and uncertainties has shown that would demand a clarification and a better specification of the mutual competences of the two Authorities. Draft but of a much complex issue, that it demands a wide reflection, to light also of the consolidated international praxis and in particular of the European norm and the jurisprudence;

- the outline under investigation, however, taking part on a within much specific one and very delimited, more does not constitute the adapted center for such appraisals. Consequently, it appears opportune not to take part in this phase on the enforced discipline of cited article 14, codicil 1, of the law n. 84 and to suppress therefore the modifications introduced with regard to from the outline under investigation;

taken into consideration the acquired informative elements in the course of the auditions carried out with the main subjects private publics and of the marine cluster and with the Minister of infrastructures and the transports;

it expresses to seem favorable, with the following conditions:

1) to article 1, codicil 1, paragraph Art. 1, codicil 1, are added in fine the following period: “In any case the competences of the Regions are made blank with special statute, according to the respective special statutos and the relative norms of performance. ”;

2) to article 4, codicil 1, letter h), after the words: “to codicil 8” the following ones are inserted: “The words give: “The dispositions” until: “statutos. “they are suppressed; ”;

3) to article 5, codicil 1, paragraph Art. 6, codicil 12, the words: “, comprised the assumption of participation in public initiatives there” are replaced by the following ones: “it can moreover assume participation, to social character of minority, in initiatives finalized to the promotion of logistic and intermodal, functional connections to the development of the harbour system, according to article 46 of the decree-law 6 Decembers 2011, n. 201, converted with modifications from the law 22 Decembers 2011, n. 214. ”;

4) to article 5, codicil 1, paragraph Art. 6, codicil 8 is suppressed;

5) to article 6, codicil 1, Art. paragraph 6-second:
- to codicil 1, letter c) is replaced by the following one: “c) functions delegated from the Committee of management, of coordination of the operations in port, of release of the concessions until duration four-year-old also determining the respective canons, let alone the relative tasks to the smaller works of ordinary maintenance in within of participations and harbour construction industry, on the base of the dispositions of law and the determination with regard to adopted by the competent organs of the AdSP; ”;
- after codicil 1, the following one is added in fine: “1-second) Near every port of the AdSP located near a common chief town of province not already center of harbour Authority, the AdSP can institute a decentralized administrative office, that it carries out the functions established from the Committee of management. To the office the General secretary or a its delegate, chosen is preplace between the staff tenured in service near the AdSP or the presses Authority, with qualification of picture or leader. The decentralized administrative office can also not be equiparato to the harbour territorial office of which to codicil 1 of article anticipates. On deliberation of the Committee of management, the AdSP can institute administrative offices decentralized also near other ports of its administrative division not already center of harbour Authority. ”;

6) to article 7, codicil 1, paragraph Art. 7, codicil 1, letter c) is suppressed;

7) to article 8, codicil 1, paragraph Art. 8:
- to codicil 1, first period, is added in fine the following words: “, it stops remaining the application of the general discipline of which to the law 24 January 1978, n. 14”;
- to codicil 3, letter q), the words: “felt the Committee of management” they are replaced by the following ones: “informing, in the first useful reunion, the Committee of management”;

8) to article 9, codicil 1, paragraph Art. 9:
- to codicil 1, the words give: “it prevails” until: “members” are replaced by the following ones: “he prevails in case of parity of the express ballots”;
- after codicil 1 the following one is inserted: “1-second. Alle sat of the Committee participates also a representative for every port included in the AdSP and located in a common chief town of province not already center of harbour Authority. The representative is designated by the mayor and has right limitedly of ballot to the matters of competence of the represented port. ”;

9) to article 10, codicil 1:
- the letters a) and b) are suppressed;
- letter c) is replaced by the following one: “c) codicil 2 is replaced by the following one: “2. The general secretary is named by the Committee of management, on proposal of the president of the AdSP, chosen between experts of proven managerial experience and professional qualification in the field disciplined from anticipates law let alone in the administrative-accounting matters. ”;
- literally e), the n. 1) it is suppressed and to the n. 2), the words: “authorities of harbour system and the harbour territorial offices” are replaced by the following ones: “authority of harbour system and supervises and coordinates the activities of the harbour territorial offices of which to the art 6-second of law anticipates”;

10) consequently, article 10, codicil 2, are suppressed;

11) to article 12, codicil 1, the Art. paragraph 11-ter is replaced by the following one:
“Art. 11-ter (national Conference of coordination of AdSP) - 1. Near the Ministry of infrastructures and the transports the national Conference of coordination of the AdSP is instituted, with the task to coordinate and to harmonize, on a national level, the strategic choices that the great infrastructural investments, the choices of town-planning planning in harbour within concern, the strategies of performance of the concessorie policies of the marine Federal property let alone the marketing plans and promotion on the international markets of national the harbour system, operating also the verification of the development plans harbour, through specific relations managed from single the AdSP. The Conference is presided by the Minister and is composed from the Presidents of the AdSP and two representatives of the Unified Conference. The Minister can make use, also, of a technical secretariat, coordinated from an expert named with decrees of the Minister of infrastructures and the transports, having proven professional experience and qualification in the fields of the economy of the transports and harbour. The emolument of the expert of which to the period precedence, determined with I decree of the Minister of infrastructures and the transports, in the respect of the discipline on the retributive limits of which to the article 23-ter of the decree-law n. 201 of 2011, converted, with modifications, from the law n. 214 of 2011, are at the expense of the state of forecast of the Ministry of infrastructures and the transports, in the within of the resources of which to the authorization of expense of which to article 1, codicil 238, of the law 30 Decembers 2004, n. 311 relative to the technical structure of mission. The structure of the unitary representation of the AdSP collaborates with the Conference in the development of the entrusted tasks to it, without new or puts up burdens for the public finance.
2. Alle reunions of the Conference is invited the representatives of the datoriali and trade-union associations of the operating categories in the marine-harbour field comparativily more representative domestically, second characterized the specific competence in order to the matters from time to time on the agenda. ”;

12) to article 14, codicil 1, letter a), the words give: “and at last they are added” until the end of the letter are suppressed;

and with the following observations:

1) relatively to article 3 of the law n. 84 of 1994, estimate the Government the opportunity to reformulate the disposition, to the aim to bring up-to-date there contained the normative references and concerning the functions of the general Command of the Body of the harbour offices - Coastgard to the modifications taken part in these years, espungendo the dismissal to normative sources by now repealed by which supervened laws;

2) with reference to article 4 of the outline under investigation, than modification article 5 of the law n. 84 of 1994, in relation to the new procedures previewed for the approval of the harbour town development plans, the Government is exhorted with force to adopt all the measures necessary to simplify the iter administrative, limiting the number of the subjects involved in the decisional procedure and fixing sure and defined times for the conclusion of the iter same. To such fine, he estimates the Government the possibility to assume as criterion to the varying aims of the approval of the aforesaid harbour town development plans and relative the absence of contrast with the general town development plans;

3) with reference to the Attached one To of the outline under investigation, recalled from article 5, codicil 2, paragraph Art. 6, codicil 2, it is recommended to integrate the directory with administrative divisions of the Authorities of harbour system, inserting to the n. “3) AUTHORITY OF HARBOUR SYSTEM OF the TYRRHENIAN SEA NORTHERN” also the ports of Capraia and Cable and to the n. “7) AUTHORITY OF HARBOUR SYSTEM DEL MARE OF SARDINIA” also the port of Foxi-Sarroch, as already ricompresi ports of call in harbour Authorities pre-existing;

4) with reference to the same directory of which to the attached one To and the procedure of review and amalgamation of the previewed Authorities of harbour system from article 6, codicil 15, of the law n. 84 of 1994, as modified from the outline under investigation, estimate the Government the possibility, of understanding with the Regions interested and on the base of the appraisal of the commercial and logistic data, to proceed, within three years from the effectiveness of the provision under investigation, to the amalgamation, in an only agency for each Region or also between more Regions, of the Authorities of harbour system that, by virtue of the grips already existing logistic interactions, can benefit from mutual such integration. Between the aforesaid Authorities in particular those of the Apulia and the Sicily are signaled;

5) always in relation to the directory of which to the attached one To and the possibility to under investigation modify the territorial limits of the introduced Authorities of harbour system from the provision in article 6, codicil 16, of the law n. 84, the opportunity is signaled to the Government to promote, of understanding with the Regions interested, the insertion in the new Authorities also of the following ports of call, classified as you carry of the total transeuropea net (comprehensive) of transport IT TRY (Regulations (EU) n. 1315/2013): Carloforte, Freezes, La Maddalena, Monfalcone, Palau, Port Raises and Syracuse;

6) with reference to the reformulation of article 6, codicil 5, of the law n. 84 of the 1994, relative one to the legal regime of the Authorities of harbour system:
- to the aim to better develop ulteriorly to the autonomy of the Authorities and their ability in pursuing the defined strategic objectives from the Table (or from the Conference) national of coordination, the performance of a progressive process of bestowal to the same Authorities of harbour system of elements of fiscal autonomy and financial institution is wished;
- it is recommended to maintain, as expected from the enforced text of the law n. 84 of 1994, not the applicabilità to the Authorities of harbour system of the law n. 70 of 1975 and to limit the applicabilità of I decree legislative n. 165 of 2001 to the sun dispositions express recalled in the same law n. 84, and to the principles and objectives of good course, impartiality, transparency and economization. Consequently, to article 5, codicil 1, paragraph Art. 6, according to period of codicil 5 would have to be replaced from the following one: “To it they do not apply to the dispositions of the law 20 March 1975, n. 70, and next modifications. I decree legislative 30 March 2001, n. 165, and next modifications, are applied limitedly to the dispositions express recalled in anticipate law, and to the principles and objectives of good course, impartiality, transparency and economization. ”;
- to the aims of a more effective performance of the purposes of which to codicil 4, letter f), of same article 6 of the law n. 84, in matter of integration between the harbour ports of call and the retroporti, interposing to you, the intermodal and logistic, functional platforms to the development of the portualità, are recommended to preview the possibility for the AdSP to characterize, within a year from their takeover, the areas that, also external to the regional territories in which the ricompresi ports in the same Authority are placed, are considered functional to the development of the harbour activities. On such areas, advance understanding with the competent Regions, the same dispositions would have to be applied of which to article 5 in matter of harbour town development plans;

7) with reference to the modifications brought to codicil 6 of same article 6 of the law n. 84, appear opportune to restate that the managing and not managing staff of the new Authorities of harbour system must be assumed by means of selective procedures, according to principles of adapted publicity, impartiality, objectivity and transparency;

8) for how much it concerns the modifications inserted in codicil 11 of same article 6 of the law n. 84, recommend the Government to specify that the exercise of the functions attributed to the Authorities of harbour system of which to the precedence codicil 4, letters b) and c), it must be entrusted exclusively by means of procedure to public evidence, according to I decree legislative 18 April 2016, n. 50;

9) in relation to article 6 of the outline, that it institutes the territorial harbour offices, in restating the requirement that the Authorities of harbour system can institute decentralized administrative offices eventually (, but not necessarily, of level equiparato to the territorial harbour offices) in all the making ports part of the territorial within of competence, to the aim to assure an administrative garrison and a contact directed with the harbour operators, recommends a particular attention to the specific situation of the port of call of Porto Torres that, in reason of its remarkable commercial importance and the elevated volume of traffics, demands the indispensable presence of a peripheral structure of the harbour Authority of system, in order to manage appropriately all the administrative and operating aspects and to so avoid losses of efficiency and competitiveness of the port of call;

10) the requirement of respect of the deliberations of the Authority of regulation of the transports is signaled of which to article 8, codicil 3, letter n), of the law n. 84 of 1994, as reformulated from article 8 of the outline of I decree under investigation, remembering the functions entrusted to the Authority from article 37 of the decree-law n. 201 of the 2011 (norm that would have to be recalled also in the premises of the outline), for how much it concerns to the guarantee of fair and not discriminatory access to railway infrastructures, harbour, under investigation airport and to the highway nets;

11) to article 10 of the outline, it appears opportune to preview, between the modifications brought to article 10 of the law n. 84 of 1994, on one side a distance of convergence that you carry in fast topics to the harmonization of the forecasts and of the contents of the dealings of II level of i employees of the Authority of harbour system that succeeds to two or more harbour Authority, from the other the definition of the general criteria of reference of the same dealing of II level and for the selection and the professional advance of the employee staff, through the understanding between the representative association of the AdSP and the labor organizations of the interested workers, to subject to the approval of the Minister of infrastructures and the transports;

12) to article 12, codicil 1, in the new article 11-second of the law n. 84 that it institutes the Table of partnership of the resource sea (than, as already said, must be ridenominato “Organism of partnership of the resource sea”), emphasizes the opportunity to characterize with precision (considering also of the categories currently represented in the Comitali harbour of the harbour Authorities), the directory of the members of the Table, whose modalities of designation and operation must be established with an appropriate one I decree of the Minister of infrastructures and the transports.
The Table must have functions of confronts ascending partenariale and descendant, let alone advisory functions of social economic partnership, that it exercises by means of not binding opinions. The opinions would have to regard: the adoption of the town development plan of harbour system; the adoption of the triennial operations plan; the determination of the levels of the services the relative one to the organization of the job returned in the within of the thematic harbour system let alone in port; in such case the composition of the table must be integrated from the represented ones of the workers of the AdSP; the pre-emptive and consuntivo project budgetary; the composition of relative the contractual agreements to the staff of the Authority (article 9, codicil 5, letter l), of the outline).
At last, whereby in an only AdSP they are met or they meet more central ports (Core) of the nets IT TRY, already alleviate of harbour Authorities, near everyone of they would have to be instituted an analogous Table of the marine cluster, on the base of regulations established from the AdSP, together with the Table of partnership of the resource sea;

13) in relation to the concession of the state property areas and the docks comprised in the harbour within, of which to article 18 of the law n. 84 of 1994, are recommended that the relative confidence happens always and exclusively by means of procedures of contest to public evidence, in compliance with the discipline previewed in matter from the European Union.