Delrio, on the topic of the harbour job the government does not have the intention of exit from the philosophy of law 84/94



The reform of the Italian norm in realized harbour matter with I decree legislative number 169 on August 4, 2016 almost it is completed and it needs only of corrective. That the reform will be limited therefore to the single modification of the governance of the national ports, with the allocation of the management of the main ports of call to 15 Authorities of Harbour System that have taken to the place of the precedence 24 Harbour Authorities, and it will not take part instead modifying substantially others aspects of the administrative activities and operating of the ports regulated from the law number 84 of 1994 of "I reorder of the legislation in harbour matter" is confirmed by the participation this morning of the minister of Infrastructures and the Transports, Graziano Delrio, near the Commission Public works, communications of the Senate in order to illustrate the actions of the government in topic of harbour authorities, of review of the code of the nautical one from diporto and of regulations for the performance of the central computerized system of the nautical one from diporto.

Emphasizing that the reform in launched harbour matter from the executive constitutes a point of force of the reforms of the government and that "is much accepted continuation and from the harbour operators", the minister has specified that however corrective one is need some and is necessary to fine tune some instruments. "Some arguments purposely were not faced in the first version of the reform - Delrio has explained - and knew already that we would have had to put hand to us".

The minister has listed proposed to the considered contents more meaningful of the reform and the corrective ones, beginning from the classification of the ports, from the attribution to the harbour town development plan of the task to define the functions of every port, from the introduction of the reference to the plan of organic of the port ("this topic of the matter of the job - he has specified - was one of the elements that we have purposely omitted in the first version of the reform"), to the insertion of dispositions that - it has specified - are more dispositions than clarification in matter of inconferibilità and incompatibility for the named members of the Committee of management.

"Regarding the classification - Delrio has emphasized - the regime currently in vigor has been exceeded that ago reference to criteria and dimensional, tipologiche, functional characteristics of the ports for the classification, because we have thought that these modalities of classification are too much complex and does not answer fully to the changed constitutional picture that is between State and local authorities. The modification that is proposed holds account of shares of competences, exactly, between State and Regions, previewing a clean distinction between national ports and regional ports and creating therefore a clean simplification".

"For how much it concerns instead the review of the competences of governance, online with the principles dictated from the delegating norms - it has continued the minister - has previewed in head to the president of the Authority of Harbour System - in an optical to place detail attention to the harbour job - the adoption of the plan of organic of the port of the workers of the enterprises advance the deliberation of the Committee of management, felt the advisory commission, on the base of the plans of the enterprise, of the organic ones, of the working requirements, that they are communicated by the enterprises of which to article 16 and 18 and of the organic one of the article 17 subject which. The plan is updated every three years, it has a strategic document value of recognition and analysis of the working requirements and does not produce constraints for the enterprises of which to article 16 and 18, except the proposals of investment carried out of the enterprise that intends to obtain a harbour concession with precise engagements on the volumes of traffic and the level of assumptions. Therefore the president of the Authority of Harbour System, felt the Ministry, can adopt these operations plans of participation for the harbour job that are finalized to professional training, the qualification of the workers, the requalification and the reconversion of the interested staff. It is in short an instrument that creed can help to give more flexibility and also more safety and more guarantees to the workers of the harbour system".

"An ulterior innovative aspect - it has still added Delrio - is on the members of the Committees of management: the application is previewed in fact of decrees legislative 8 April 2013, n. 39 "Norms in matter of inconferibilità and incompatibility of assignments near Public Administration and the private companies in public control" and this norm are applied to the members of the Committee of management".

"Instead, on the topic of the planning instruments, it is previewed to varying article 15 "localized", that it is an instrument that can be adopted in transitory phase, for a limited time, to the aim to return the programming possible and the planning of infrastructural participations that became necessary and indifferibili in the blackberries of the approval of the enforced and not veicolabili harbour town development plans of system as the functional adaptations technical".

In topic of harbour job, answering to the observations of members of the senatorial Commission, Delrio I have always confirmed that the attempt of I decree legislative of 2016 and of the corrective ones proposed is not that to distort law 84 of 1994, "I believe that - has clarified - we are applying indeed codicil 5 of article 17 that in a some way previewed this type of organization". The minister refers to the article that he disciplines the supply of temporary the harbour job and to the codicil that introduces the possibility that such performances come "distributed from agencies promoted from the Harbour Authorities or, whereby not instituted, from the Authorities Marine and subject to the control of the same ones and whose management is entrusted to a directive organ composed by representatives of the enterprises of which to art. the 16, 18 and 21, codicil 1, letter a)".

In such within at the end last year the government, with the bill on December 29, 2016 relative number 243 to "urgent Participations for the social and territorial cohesion, with particular reference to critical situations in some areas of Southern Italy", he has introduced to article 4 the possibility to institute, "and exceptionally temporary, for the maximum period not advanced to thirty-six months", Agencies for the administration of the job in port and for the professional requalification (transhipment) with the scope to occupy harbour workers in esubero of the terminaliste enterprises in the ports "in which at least 80% of handling of goods containerized he happens or he has happened in last the five years in modality transhipment and persist from at least five years it are of business crisis or cessations of the terminalistiche activities".

"Then it is true - Delrio in its participation has asserted - than in dynamics of construction of the Agencies or so via they can from time to time be introduced of the cases that risk to become an usually general species then. But the fact of wanting to order in this way with the plan the issue of the harbour job is own the attempt to avoid to exit from the philosophy of the 84/94".