The deliberation of ART on the harbour concessions does not have legitimacy requirement



In recent days the Authority of Regulation of the Transports (ART) has communicated the start of relative a public consultation to the methodologies and the criteria in order to guarantee the fair and not discriminatory access to harbour infrastructures(of 8 January 2018). The initiative has provoked the contrarietà of the main organizations that represent the companies that carry out harbour and logistic activities, that they have motivated the their clean failure of the deliberation of ART in a note diffused from Ancip, Assiterminal, Assologistica, Confetra and Fise-Uniport.

Emphasizing to have noted down "with disappointment and fort worry than contained in the recent deliberation" with which - they have specified - the Authority "has substantially considered of being able to get to the point of the procedures of release of the concessions and authorizations and relative procedures, of which to article 16 and 18 of the law n. 84/94", Ancip, Assiterminal, Assologistica, Confetra and Fise-Uniport have specified to consider "that to this deliberation it does not have to be recognized some value of regulation, since - they have explained - it does not re-enter in the ART competences to circulate criteria and/or measures about over cited concessions and authorizations, matter that according to law falls back in the exclusive competence of the Ministry of Infrastructures and the Transports and the Authorities of Harbour System".

"On behalf of our associates - they have denounced the five entrepreneurial organizations - we cannot more tolerate actions than this type, that they constitute the exact contrary of the simplification and sburocratizzazione processes of competences in harbour matter as well as displayed how much disregarded by initiatives of that sort, since they determine ambiguity, irrationality and deep uncertainty for the activity, already adequately regulated, of the interested harbour operators, which are engaged to hold a trained foreign competition".

"In the field of the handling harbour - they have emphasized Ancip, Assiterminal, Assologistica, Confetra and Fise-Uniport - no Country does not exist in Europe that has a regulation much complex which she has become now that Italian, with the aggravating circumstance of the initiative now adopted from ART. This it generates an obvious damage, it is towards the consolidation of the Italian terminals operators, is for the performance and the development of investments by the same ones, in a field that is opened to the widest international competition and that it cannot be absolutely confused or assimilated to a service of public usefullness".

"Waves to avoid useless and expensive litigations - they have concluded the representations of the companies of the portualità and the logistics - are wished in an participation of the minister of Infrastructures, let alone in the taken one of position by the representative Association of the Authorities of harbour System; one confides therefore that ART is induced to set aside dictates deliberation, than, as saying, we consider does not have legitimacy requirement".