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The National Association Companies Harbour Enterprises suggests amendments Decreto Throws again in order to safeguard the harbour job
Evidenced also the necessity of regulating the self-handler of harbour operations
June 1, 2020
The National Association Companies Harbour Enterprises (ANCIP) has sent a letter to the ministra of Infrastructures and of the Transports, Paola De Micheli, demanding improvements of normative nature of article 199 of Decreto I throw again (n.34 of 2020) that it brings dispositions in matter of harbour job and marine transports, problematic that - it has specified the ANCIP - could be examined and the resolved ones in the course of the iter to the Chamber of Deputies
In particular, the association, evidencing that it does not involve burdens for the public finance, has advanced the demand to bring modifications to codicil 1, letter b) of article 199 replacing the word "employee" with the word "working" and to codicil 2 replacing word "two" with word "five". "The modification of the word "employee" with the word "working" - it has clarified the ANCIP in the letter to signature of president Luca Grilli - becomes necessary in order to avoid different interpretations of the norm as the attache's to the operations of which to art. the 17 (that is enterprises authorized to the supply of temporary harbour job, ndr) is carried out not only by dependent of the enterprise but also from working associates or interim. Therefore with the term "working" every interpretative discrimination is avoided".
"The scope of the second emendativa proposal of the contained norm - it has explained moreover the ANCIP - sight to guarantee the operating continuity of the subjects that, as saying, is to all purposes and effects managing the emergency in port and to avoid happening of situations of confrontation and interruptions of service in this delicate period, also in consideration of the fact that one of the first requirement for being able to participate to the European notices of contest for the authorization to operate according to art.17 codicil 2 is that of the balancing budgetary, than vieppiù in this period, is almost unattainable from the currently titular enterprises of former authorization art. 17 law n. 84/94".
The association has remembered that "such participation already is adopted for the ports of Genoa and Savona through the dispositions of which to the article 9ter, codicil 1 of 28 decree-law september 2018, n. 109 (I decree to Genoa) containing the measures on the emergency caused from collapse of the Morandi bridge and, therefore, it would serve also in order to return the autorizzative situations in the Italian ports in this equally emergenziale phase homogenous. It dictates delay, moreover - it has observed the ANCIP - would afford to reduce the administrative cargo of the Authorities of Harbour System, the marine Authorities and the displacement of people".
To De Micheli the ANCIP has restated also the necessity, as already evidenced to the ministra from the national secretariats of Filt-Cgil, Fit-Cisl and Uiltrasporti, to include an ulterior codicil to containing article 199 some modifications of the art.16 of law 84/94, face to regulating the so-called self-handler of harbour operations in order to avoid the resource, for cargo handling in the ports, to the promiscuous use of navigating staff and staff of authorized enterprises according to the law 84/94.
At last the National Association Companies Harbour Enterprises has invited to modify Decreto replacing, to codicil 1, letter b) of article 199, the words "in the year 2020" with the words "everyone of years 2020 and 2021". Specifying that the amendment would need of cover financial institution, the ANCIP has explained that the scope of this proposal "aimed to guarantee also for the annuity the 2021 efficiency and the operativity of the entire harbour system, restoring the economic and patrimonial balance of 17 subjects art. law n. 84/94 to the aim to allow with such enterprises of being able to continue to distribute in conditions of economic-patrimonial safety the essential performances for the harbour section. He is fundamental to emphasize - it has specified the association - as the esiziali economic losses of art. the 17 the legal subjects of which to law n. 84/94, due from the spread of the Covid-19, will temporarily succeed also the end of the sanitary crisis and therefore, for all evidence, they will continue also during 2021".
The ANCIP has concluded observing that "if how much with justice previewed from article 199, codicil 1, letters a) is wanted to be realized and b), the sums previewed "in the within of the resources available to enforced legislation and in the respect of the balances budgetary, to the scope also using own remainder of administration" in head to the AdSP, they are not sure sufficient for year 2020. Neither the sum of six million to assign to the AdSP that do not have availability. Therefore - it has found the ANCIP - it would be necessary to proceed to a fast verification with the aid of Assoporti also in order to avoid participations diversified between the single ports and with heavy consequences for same former enterprises art. 17".
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