ANCIP, the sentence of the REGIONAL ADMINISTRATIVE COURT confirmation that the self-handler in the ports is and remains subordinated to the release of the necessary authorization



If, as already restated in the past from the union with the other national acronyms Fit Cisl and Uiltrasporti with not substantially "without if and but" to the practical ones of self-handler in the ports unless in these - as a result of expressed authorization of the harbour authority or the marine authority - it is not possible to resort at work of the harbour workers(of the 7 and 13 March 2019), Wednesday Filt Cgil has newly confirmed this contrarietà with reference to the sentence of the Regional administrative court for Sicily that it has rejected to the resource introduced on this issue from the company of the harbour workers of the port of Trapani against the Authority of Harbour System of the Sea of Western Sicily and the Harbour office of Trapani(on 27 March March 2019), apparently more vanished the interpretation of the provision of the magistrates of the REGIONAL ADMINISTRATIVE COURT proposed from the National Association appears Companies Harbour Enterprises (ANCIP).

The pronunciamento of the judges has decidedly alarmed the unions, with the national secretary of the Fit Cisl, Maurizio Diamante, that it has emphasized as the sentence can "be interpreted as a green light to the self-handler", self-handler that - it has evidenced - "it means not to make to make the harbour work for which only they are characterized", self-handler - it has added - that "for the shipowners it means to save, and this could put to risk safety".

From part its ANCIP, association to which is under responsibility the Trapani Harbour Enterprise Srl that has introduced the resource, has emphasized the necessity of "a careful and objective reading of the recent sentence of the Regional Administrative Court Sicily (Palermo) in topic of classification of the harbour activities of rizzaggio/derizzaggio", reading that - second the association - "imposes of the technical precisazioni, above all as a result of some interpretations of the decision, appeared on prints, not online with how much effectively written in the provision".

According to the ANCIP, "the sentence, in fact, second has sanctioned the principle which the activities of rizzaggio/derizzaggio of the semitowings and the rubberizing motor vehicles generally on board ferries ro/ro must be enclosed between the specialized, complementary services and accessories to the cycle of the previewed harbour operations from the art.16, codicil 1 second part, law n.84/1994 (and from the d.m n.132/2001). The provision - it has observed the association - has confirmed a tendency, already experimented in some ports, not to include such activities in the within of the former harbour operations art.16, codicil 1 first part (loaded, drainage, transfer and handling generally of the goods in harbour within) but to consider them as accessory to the harbour operational cycle, so putting again every power of qualification to the single Authorities of Harbour System which, as found from the judgment, are held independently to characterize the harbour services on the base of the operating requirements of the port let alone of the specific necessities turning out from the organization of the job (art.2, ult. codicil, d.m n.132/2001)".

"From such reliefs - it has observed the association of the Italian harbour companies - it gushes unavoidably that, as express recognized also from the REGIONAL ADMINISTRATIVE COURT Palermo, the accomplishment of these activities, also by the marine carriers, it is (and it always remains) subordinated to the pre-emptive release of the authorization by the competent AdSP, advance verification of requirement previewed from the art.16 cited, from art. d.m n.132 /2001 let alone from the local regulations adopted from the harbour agencies; it remains intended, therefore, than the harbour agencies they will have to carefully sift the possession of the foundations demanded for the release of such authorizations to the aim to guarantee (also) the execution of the activities of rizzaggio/derizzaggio in conditions top security and the respect of the basic rules of the harbour job, supervising also on the concrete development of the services. The inclusion of the activities of rizzaggio/derizzaggio in the within of the harbour job sure involves that they could be carried out also from the workers of the former qualified enterprises art.17 law n.84/1994 to the supply of temporary harbour job, which could be under way in favour of the harbour enterprises former authorized persons art.16 law n.84/1994 to carry out the foretold activities (is they characterized as operations or harbour services) in order to integrate of the operating organization".

"At last - it has found the ANCIP - it goes specified that the callback to safety of navigation and the pubblicistica nature of the rizzaggio/derizzaggio activities does not constitute more a sufficient element for being able to include the same ones between the ancillary technical-nautical services to navigation; in such sense, the sentence has confirmed a by now pacific guideline that, also to light of the recent norm of the European Union (regulations n.2017/352), frame the rizzaggio/derizzaggio in the context of cargo handling, the harbour job and the necessary autorizzativo regime of the harbour agencies".

The ANCIP has concluded evidencing that the association, "also on the base of the recent sentence of the REGIONAL ADMINISTRATIVE COURT Palermo, will continue to support the cited principles in all the centers, to defense of the harbour job, the rules of the market of the operations/harbour services let alone of the rights of the harbour workers and the associate enterprises".