AP of Livorno will appeal the deliberation ANAC that it prohibits to Provincial managing the Port of Livorno 2000 temporary



The National Authority Anticorruzione (ANAC) has established that sussiste a situation of incompatibility between the assignment of general secretary of the Harbour Authority of Livorno and that of managing director of the Port of Livorno 2000, society participated from the same the harbour for 78% of share capital and at the same time titular agency of three concessions through which it manages the traffic of the passengers in the Leighorn port. To Massimo Provinciali, number two of the Harbour Authority, in fact was conferred in temporary way also the assignment of president and managing director of the Port of Livorno 2000. The deliberation of the ANAC, deposited 30th September, evidences that the Harbour Authority exercises powers of regulation and control on the fleeting company that manages the traffic.

The subsistence of incompatibility situations/inconferibilità to according to art. the 9, codicil 1, of I decree legislative n. 39/2913 had been marked to the ANAC to half last year from the Municipality of Livorno. Authority Anticorruzione has remembered that step of such I decree establishes that "assignments administrative of summit and assignments managing, however called, in Public Administration, that they involve powers of vigilance or control on the activities carried out from the agencies by right private regulated or financed from the administration that confers the assignment, are incompatible with the assumption and the maintenance, in the course of the assignment, of assignments and charges in agencies by right private regulated or financed from the administration or public body that confers the assignment".

A year Provincial legitimacy of the nomination of to the summit of the Port of Livorno 2000 let alone of some assignments assigned in the within of the board of directors of the ALP - Agency for the Job makes the Harbour Authority had sent to the ANAC some considerations in support of in Port, object they also of signalling by the Municipality. The harbour agency had evidenced that draft of extraordinary, temporary assignments and under gratuitous title that they are framed within politics, wide advertized and finalized to I throw again of the two societies, own by means of the purchase of the control by the Harbour Authority, that it will only continue until the reorganization and to the next privatization.

The Harbour Authority also had emphasized that such operations were guaranteed by the Ministry of Infrastructures and the Transports. Moreover the agency had specified that for the Port of Livorno 2000 it was already proceeded to start the contest for the cession of the quotas the harbour agency and that, therefore, the assignment attributed to Provincial which managing director of the society would have to stop within the end of 2016. The harbour authority had specified also that the general secretary, also curing the preliminary investigation of the actions of competence of the president and of the Harbour Committee, she is not holder of the function of vigilance and control, that instead it is recognized the president of the Harbour Authority.

In the deliberation the ANAC has explained that "the arguments supported from the Harbour Authority do not seem condivisibili. In fact - it has clarified the Authority - second art. 1 codicil 2 lett. d), for agencies by right private regulated or financed the societies and the other agencies agree "by right private, also you deprive of legal personality, in it confronts of which the administration that confers the assignment "carries out functions of regulation of the main activity that involves, also through the release of authorizations or concessions, the ongoing exercise of certification or control, vigilance powers". As concessionary of marine Federal property and person in charge of the management of the marine station and the services of the passengers, to the aims of I decree legislative n. the 39/2013 - it has found the National Authority Anticorruzione - societies Port of Livorno 2000 s.r.l re-enter totally in already recalled definition of agency regulated and financed (from the Harbour Authority of Livorno). Moreover, according to art. 1 codicil 2 lett. e) for assignments and charges in agencies by right private regulated or financed, the charges of president with directed managerial delegations, managing director, the leader positions, the stable development of advisory activity in favor of the agency agree """.

"At last - it has continued the ANAC - it has been found that according to the l. n. 8 on January 28, 1994 bringing "I reorder of the legislation in harbour matter" and ss.mm., the general secretary of the Harbour Authority covers a role of summit - as well as of the administrative structure also of that technical-operating one, having the task to cure the preliminary investigation of the actions of competence of the president and the committee of management (art. 10 codicil 4). Therefore, also not being to title of an independent one to be able decisive, the same one it is, however, compartecipe of the action of vigilance and control, as which charged to carry out all the prodromal preliminarys investigation to the adoption of the provisions of the president and the Committee, included those concerning the society of which he is managing director".

The ANAC has observed among other things that "draft of a situation of obvious conflict of interest, that it could be ripercuotere on the impartiality of the exercise of said activity by the Harbour Authority, in particular when is called to estimate just the acts of the concessionary Port of Livorno 2000".

The deliberation the ANAC concludes specifying that "In charge of the Prevention of the Corruption of the Harbour Authority of Livorno, which took note of the found situation of incompatibility, it distrusts, without delay, the interested one to opt between the two charges incompatible within the 15 next days to its communication; where the option is not carried out within the fixed term of fifteen days, according to art. the 19 of decrees legislative n. 39/2013, the RPC declares the forfeiture from the assignment of managing director of the Port of Livorno the 2000 s.r.l and resolution of the relative contract; the RPC must, moreover, proceed to the verification of the existence of the declarations of which to art. the 20 of I decree legislative n. 39 of 2013 that is to the assessment of the mendacity of the same one, to the aims of the application of the endorsements previewed from the same article; of giving communication of it anticipates to the RPC of the Harbour Authority of Livorno, to the Ministry of Infrastructures and the Transports and to the interested one".

Taking note of the deliberation, the Harbour Authority of Livorno it has remembered that the agency, also becoming account that online theoretical the two charges have of the problematic points, has tried to explain to ANAC that draft of "a temporary assignment (until fine contest), extraordinary (finalized "to sterilize" the management with institutional charges; in the BOARD OF DIRECTORS - it has specified the harbour authority - it is present also the general secretary of the other associate, Chamber of Commerce); free; attributed to light of the sun and in total transparency, having involved Harbour Committee, College of the revisers and Ministry of Infrastructures and the Transports; having as expiration the first assembly of the associates next to the cession of the public quotas".

"In short - it has continued the Harbour Authority - we invited ANAC not to apply the 8 principles of I decree legislative April 2013, n.39, in slavish and automatic way, but taking into consideration the concrete situation. Concrete situation that has not involved some illicit consequence (not us has been crazy nominations, assumptions advisings, expenses, etc), but that, vice versa, with the competition of all the staff of the Port of Livorno the 2000 and support of the Chamber of Commerce and the Region, it has brought back in the port of Livorno important numbers as for passengers and to ships, let alone the arrival or the return of primary companies of navigation, beginning from the MSC and Royal Caribbean or Grimaldi, not to mention the attention of operators of world-wide level on the contest for the cession of part of the public quotas the society".

The Harbour Authority has announced that, "also giving course to the caveat, it will appeal the determination of the ANAC not just for the sake of to defend an individual position, destined however to at the end leave the step of the contest in course, how much in order to establish the principle that to apply the norms as if they were mathematical formulas door to disown the substance of rule of law in which on the concrete fattispecie cannot never lose sight of". "To the impugnation - it has specified the agency - verosimilmente other Harbour Authorities in which sussistono analogous situations will join, calmly managed and supervised because evidently situated in territories in which there is greater sensibility towards the common good".