Assiterminal rejects spurned the invitation of the Authority of regulation of the transports to pour the contribution



To the Italian Association Port & Terminal Operators (Assiterminal) ART is not own which went down the communication of monday of the Authority of regulation of the transports () on the contribution for own operation, warning in which ART observes that if, "in Italy, the SARS-Covid-19 emergency produces to effects also on the free circulation of people and goods", "however, just in transport, before in other fields, signs of resumption in reason of the essential function of service in favor of enterprises, users and passengers are attended". In the light of that the Authority of regulation of the transports considers to be evidently a comforting and likely perspective, ART has announced that "being arranged for law provisions that defer or suspend the demand for deposit of the contribution anniversary, does not give warning that in the section "Contribution for the operation" year 2020 of the website is published the information for the declaration and the deposit of the relative contribution to the current year which had from the economic operators of the field of the transport, with first on 30 April next next expiration".

Assiterminal, restating that the harbour terminalisti exercise an economic activity that however neither is not regulated neither subject to the competences of ART, has manifested surprised for this communication and has stigmatized the assertions of ART "relatively to the pretension subsistence of "signs of resumption" of the field of the transports "before in other fields", let alone to relative "the absence of governmental provisions" that they affect the payment of the contributions". "This - it has denounced the association of the harbour terminalisti - evidences the negligence about the legal regulations that we will go to recall, but is to all evidence refuted from the fact that own the field of the transport and, for how much it concerns to our associates, of the portualità, than also, also in the emergenziale phase, is placing in being every effort in order to guarantee the maintenance of the essential nets of the services to the Country, has been and not only will be hit in dramatic way from the lockdown".

Assiterminal has remembered that, "in the harbour section, all the terminals that operate for the fields cruises and ferries the activities almost has annulled (without forecasts of resumption in the medium term) and in other terminals that distribute services to the goods traffics are reduced with ulterior forecasts of consisting reductions in the next few months, aggravated from the diffused crisis of liquidity".

"It is then necessary to emphasize - moreover Assiterminal has emphasized - the inadvisability of the demand received in reason for the fact that article 37 of decree-law 23/2020 has previewed the delay of the terms of all the procedures from on April 15, 2020 on May 15, 2020. We wish therefore, online with the cited norm - it has exhorted the association - than that Authority adopts all the measures necessary in order to give performance at least to the aforesaid suspension of the terms, as moreover already authoritatively place in being from the Guarantor Authority of the Competition and the Market and the CONSOB, which, with argued reasonings, have ready adopted deliberations apt to suspend the demands for payment of the respective contributions of operation".

"It surprises moreover, - the note of Assiterminal to signature of president Luca Becce continues sent to ART and the Ministry of Infrastructures and the Transports and to the Prime Minister's Office - than in a delicate moment as what due to the Covid-19 is being crossed in reason of the crisis, that administration of the State considers the requirements of collection of contributions prevailing, whose debenza is moreover sub-iudice (being, as famous, in course litigations in front of REGIONAL ADMINISTRATIVE COURT and/or Council of State), removing time and ulterior resources to the enterprises that are engaged to guarantee the continuity of the services and the greater ones possible cautions for the workers for the users and the customers, putting up with consequent ulterior burdens. This administrative praxis seems, moreover, to be seriously contrary to the right of the European Union whereby, also by virtue of the Temporary Framework, adopted from the EU commission, in application of the right to the health that must contemperare the free circulation of the services and the norms in competition matter, it has previewed the suspension of all the procedures in matter of concentrations and aids of State (made blank those necessary ones for the Covid-19 emergency). In reason of this - Assiterminal has remembered - even the parameters are suspended of which to the Pact of Stability".

Assiterminal, reserving itself to resort so much to the competent jurisdictional authority as for the EU commission, therefore has invited the Authority of regulation of the transports "to adopt the measures necessary in order at least to adapt themselves to decree-law 23/2020" and to suspend the announced procedures from the ART.