Confetra subjects to the government own proposals for the logistics and the transport goods



In sight of the imminent completion by the government of the measures previewed from the next one I decree Simplifications, the General Confederation Italiana of the Transports and of the Logistics it has sent to the Prime Minister, Giuseppe Conte, and to the ministra of Infrastructures and of the Transports, Paola De Micheli, a programmatico document, that we publish below, in which Confetra it illustrates some proposals for the field of the logistics and of the transports that wish they can be understood in the provision.

Draft - the president of Confetra has explained, Guido Nicolini - of "an important contribution also in sight of States general of the economy". "- Nicolini has asserted - the engagement of the MIT in order to return the performance of the Code well easyr Contracts and, therefore, for velocizzare the realization of programmed infrastructures. But - it has specified - it does not go forgotten the other face about the medal: it is necessary to return more fluid the operational cycle of the logistics, acting on the simplification of the administrative procedures and on the outsourcing of many services. Beyond 300 procedures of control on goods and carriers, more than 25 administrative offices publics involved, 30 billion insufferable bureaucratic burdens for the enterprises and the competitiveness of the System Country - it has specified the president of Confetra - on these topics we have worked beyond a year in within CNEL and put with great satisfaction yields on hand of this job of the government".

CONFETRA
General confederation Italiana of the Transports and the Logistics

TOWARDS THE DL SIMPLIFICATIONS
The proposals of Confetra for the logistics and the transport goods

5 june 2020

PREMISED

For operators of the logistic row of the goods the topic of the reduction of the administrative burdens is crucial.

It is calculated that the weight of the bureaucracy you weigh on the field for beyond 30 billion euros per year. In this phase of which wished resumption, in devastating full load impact on the economy of the Covid-19 emergency, becomes more procrastinabile not to undertake brave steps of simplification wide-ranging.

Prompt Confetra in the first place the start of the Unico Doganale Door and the Controls. It is instituted in 2016 in the within of the harbour reform (D.Lgvo n.169) and today, although all the implementing provisions turn out elaborated, are firm near the DAGL. The phase of clearance in Italy sees - according to the interested produced ones - the involvement of 18 various total Administrations for 68 prodromal and contextual procedures between. The operators are forced to duplicate the presentation of documents, with extravagance of time, money, human resources: the system Country cannot more afford it.

The risk is the marginalization of our Peninsula from the flows of arrival and departure of the goods, from the moment that only the more competitive ports of call at the level of European Union are able to intercept those traffics, above all in this phase of dramatic economic contraction and of the volumes.

Prompt Confetra also the application to all the modalities of transport of the "clearance on the trip". Today the Agency Customs Monopolies allows the "clearance in sea", but it is necessary to extend this procedure also to the imports that arrive via airplane and earth, with the implementation of a system "full hand digital" coherently with the principles of the Code Dogale Unionale. The "clearance on the trip" in tightened synergy with the SUDOCO would allow a better management of the customs moment side operating administration and side: more efficient procedures, quicker times, increase of the perception of reliability of the operators, increase quality services to the goods and the traffics. Above all for the aerial modality it would constitute an effective simplification for lacripresa of the field after the devastating impact of the Covid-19 emergency.

Confetra considers also that the Simplification passes for the cession to qualified subjects of procedures today carried out in exclusive right from the Agency Customs and Monopolies. We refer in particular to the activities preliminarys investigation for the release of authorizations and customs regimes that could be carried out from n.213/2000 according to the law equiparandole the Centers of Customs Assistance authorized to those carrying out from the Agency to the aim to reduce workloads in head to the civil employees publics being accelerated the tempistiche of the same procedures. This request already is shared by Cnel (v. point 1,5 Notebook CNEL "Proposed on the simplification and the competitiveness of the Italian logistics" of september 2019).

A normative gap, moreover, in the within of the integrated logistic services is given by the lack of a typed contract of logistics, recognized today only to jurisprudential level. This determines uncertainty in the contractual relationships, in particular with regard to the discipline of the contractual responsibility, and returns less fluid the same relationships with high risk of litigations.

The requirement to reach to a contract of logistics normato in the Civil code is a demand shared from all the present associations in Cnel (v. point 5,1 Notebook CNEL "Proposed on the simplification and the competitiveness of the Italian logistics" of september 2019).

In document anticipates is proposed collections of simplification that they do not have, in the majority, an impact financial borne by the State, and on the other hand they produce important economic benefits on the operators and the fluidity of the entire operational cycle of the goods.

The risk of a its excessive flattening is considered that the described proposals under, some of which approved of within the Shareholders' meeting of the CNEL and already incardinatae near the referring Parliamentary commissions from last January, can be received in emanating the provision, avoiding so also on the matter of the contracts publics. This last, however sure important one for operators of the logistic row for which the optimization of material and immaterial infrastructures remains a condition base of productivity and competitiveness. With this end in view Confetra confides that the modifications to the Code of the Contracts that will be introduced will allow tempistiche and sure procedures of realization of the works.

1. VAT TO THE IMPORT

NORMATIVE PROPOSAL

To article 70 of Decreto of the President of the Republic 26 October 1972,
n.633:
? to codicil 1 the words "and collected" are suppressed;
? codicil 5 is replaced by the following one:
"the tax assessed and liquidated in the customs declaration is acquitted by the importer in compliance with the dispositions of which to title II; to such fine the customs document must be annotated, with reference to the month of release of the same document, in the registries of which to artt.23 or the 24 let alone, to the effects of the deduction, in the registry of which to the art.25."

ILLUSTRATION

In Italy the Vat on the imported assets is collected near the customs offices.
The deposit happens generally by means of the institute of the payment periodic and deferred of the custom duties (custom offices and Vat) that it previews two expirations of deposit, the 8 and the 23 of every month with reference to the imports happened respective in the first and the second fortnight of the month precedence.
For example, if on 7 January pairs to 1.000 euros are imported assets with Vat, that amount will be poured in customs the 8 of February; if the same import happens on 24 January the deposit will happen on 23 February.
That same Vat comes capacity in deduction and therefore it is scomputata by the deposits periodicals Vat that are carried out with the F24 model. In the example already made the Vat poured in customs the 8 or on 23 February it is recovered with the periodic deposit on 16 February, therefore in a case with a refuse in favor of the State treasury and in the other with a refuse in favor of the operator.
After all therefore the deposit of the Vat in customs - than in 2018 year 2018 has quoted 14,2 million euros (, source Blue Book ADM) - does not produce no advantage financial for the State, but solo as an unwarrantable bureaucratic increase in weight is resolved.
The norm Vat is disciplined to communitarian level and for the Vat to the import it directly previews that the Member States can freely decide to collect it near the customs offices or inside (art.211 Directive n.112/2006). The true difference emerges when the operator who has anticipated the Vat in customs goes on credit (not having sufficient Vat inside to compensate). To that point sure the State that has embedded cash Vat in customs has an advantage, but draft of an unjust advantage from the moment that it would have to give back it immediately to the operator and not to withhold it for imponderable times as it happens in Italy.
Other States that do not embed the Vat in customs of it make reason of institutional marketing, inviting the logistic operators to clear near of they and cite Italy for example negative for the diffuseness of recovery of the Vat poured in customs (v. for all office ICE of Amsterdam).
To suppress the collection in customs of the Vat to the import would constitute a simplification of large capacity, worthy of a real action of throws again of our Country after the devastating impact on the which acted as economy the Covid-19.

2. CONTRACTUAL FREEDOM IN THE LIBERALIZED FIELDS

NORMATIVE PROPOSAL

To the aims of the release of authorizations, of concessions, licences or however of certifications of suitability to operate in railway, harbour, airport or postal within, the purpose to harmonize the economic and normative treatments of the dependent of the enterprises in order to avoid distortions of the competition is satisfied with the application by the same contract enterprises national collectives stipulated from trade associations and labor organizations of the comparativily more representative workers on a national level.

ILLUSTRATION

It is opportune to insert in our ordering a norm to guarantee of the effettivity of the principle of trade-union freedom of which to article 39 of the Constitution.
That principle in fact many times over is questioned - in particular in the postal, railway field - by normative participations faces to assert legitimacy of “only contracts of reference” (art.1, codicil 14 of the D.LGVO n.58/2011 and art.8, codicil 3 second of the law n.148/2011 the successively suppressed) and, in the airport field, from restrictive interpretations times to impose application CCNL Assaeroporti (Enac regulations of the 23.3.2011 on the “Certification of the lenders of airport services of assistance to earth”, let alone same D.L n.34/2020 currently during conversion to article 203).
Against the illiberality of only contracts they have repeatedly taken position is the Authority Antitrust (audition to the Chamber of the 26.10.2011 and signallings nn.869 of the 14.9.2011, 441 of 15.1.2008 and 424 of the 26.10.2007) that the administrative magistracy (sentences REGIONAL ADMINISTRATIVE COURT Lazio nn.1295 of 9.2.2012 and 982 of the 30.1.2012, sentence REGIONAL ADMINISTRATIVE COURT Lombardy n.1329 of the 7.5.2008 and sentences of the Council of State nn.3450, 3302, 3821 and 3301 of 2006).

3. ABOLITION OF THE SERVICE OF REPLY OF THE CUSTOMS CORPS

NORMATIVE PROPOSAL

Article 21 of the 23 DPR January 1973, n.43, is suppressed.

ILLUSTRATION

Our ordering previews the anachronistic “service of reply” of the Customs corps, consisting in the control by the financiers to all it crosses harbour and airport of all means of transport. The control happens on documents which released from the customs offices. Therefore the “reply” is the control of who it has already controlled, a unicum of our Country, a useless bureaucratic increase in weight (would be interesting with this end in view a statistics on the reliefs and on which it would be the advantage for the State treasury of those eventual reliefs).
The Customs corps have very others important tasks to carry out that I am of real interest for the State that not to carry out the reply on the acts of the customs offices.
The current phase in which our Country it needs to leave again after the devastating economic impact of the Covid-19 is sure the suitable occasion in order to suppress this anachronistic control.

4. HARMONIZATION OF THE BUSINESS HOURS OF THE P.A. PARTICIPANTS TO THE PHASE OF CLEARANCE

Bill in parliament of Cnel initiative introduced in Parliament

NORMATIVE PROPOSAL

To article 1 of I decree legislative 8 November 1990, n. 374, are assistant, in fine, the following codicil:
“9-second. The dispositions of codicils 1, 2, 4, 5 and 8 of anticipate article are applied also to the staff been dependent on the public administrations of which to article 1, codicil 2, of I decree legislative 30 March 2001, n. 165, that they take part in the procedures of assessment and control in the norm and law enforcement of the European Union in matter of breaking in of the goods in the territory of the European Union and of export of the goods from the territory of the European Union. To the aims of which to codicil anticipates, the implementations that codicil 2 places at the expense of the Director of the Agency of customs and the monopolies intend places at the expense of the Minister that is of the summit of the administration whose offices are involved in the aforesaid procedures”.

ILLUSTRATION

The phase of clearance needs of the maximum coordination of the Administrations that carry out the various procedures. It stops remaining the necessity of the start of the Unico Doganale Door and of the Controls, he is also indispensable that the timetable of the offices of the several P.A is coordinated. In particular it is necessary to harmonize the dispositions on the opening and closing of the services based on the discipline on the activity of the Agency Customs and Monopolies previewed from the D.Lgvo n.374/90. Draft of a simplification of great importance, which considered that currently the lack of harmonization of the timetables is one of the root causes of the delays in the phase of clearance.

5. DELEGATION FOR I REORDER OF THE ACTIVITY OF REGULATION IN THE FIELD YOU TRANSPORT AND LOGISTICS

Bill in parliament of Cnel initiative introduced in Parliament

NORMATIVE PROPOSAL

1. The Government is delegated to adopt, within twelve months from the date of effectiveness of anticipates law, decrees legislative for reorders and the simplification of the afferent discipline to the system of the logistics of the goods, in the respect of the following principles and directive criteria:
a) definition of the withins of competence of the placed activities of regulation in being from the Ministry of infrastructures and the transports, from the national Agency for safety of the railroads and street and highway infrastructures, from the Manager of the railway infrastructure national railway Net Italian Spa and from the Authorities of harbour system and, with reference to the within of the services of public usefullness, from the Authority of regulation of the transports, in the matter of the logistics of the goods;
b) simplification and rationalization, also to the aim to avoid duplications of participations regolators, the concessori procedures, authorized to you and of control whose phases are remittances to the competence of distinguished public administrations contemperando the requirements of effectiveness of the safety procedures in the circulation of the goods with the efficiency and the speditezza of the procedures, the certainty of the regulation, the clarity and not duplication of the implementations.
2. I decree legislative of which to codicil 1 it is adopted on proposal of the Minister of infrastructures and the transports, advance acquisition of the opinion of the unified Conference of which to 28 article 8 of I decree legislative August 1997, n. 281, of the Council of State and the national Council of the economy and the job, that they are profitable in the term of forty-five days from the date of transmission of the outline of I decree legislative, passed which the Government can however proceed. The outline of I decree legislative successively is transmitted to the Chambers for the expression of the opinions of the competent Parliamentary commissions for matter and the financial profiles and of the Parliamentary commission for the simplification, than they are pronounced in the term of sixty days from the date of transmission, passed which I decree legislative can be however adopted. If the term previewed for the opinion falls in the thirty days that successively precede the expiration of the term previewed from codicil 1 or, the same expiration is postponed of ninety days. The Government, in case does not intend to comply to the opinions parliamentarians, newly transmits the text to the Chambers with its observations and eventual modifications, equipped with the necessary integrating elements of information and motivation. The competent Parliamentary commissions for matter can be expressed on the observations of the Government within the term of ten days from the date of the new transmission.
Passed such term, I decree legislative can however be adopted.
3. Within twelve months from the date of effectiveness of I decree legislative of which to codicil 1, the Government can adopt, in the respect of the principles and directive criteria and of the procedure of which to article anticipates, or more you decree legislative bringing integrating and corrective dispositions.

ILLUSTRATION

Currently for the field of the logistics there are numerous agencies you premail to the regulation, agencies that have joined in the time without us it has been a location of the tasks and the withins of co-ordinate competence. The proposal of proxy law for I reorder servants see again all the matter of the regulation with an entirety vision that has as main criteria the simplification and the certainty of the rules for the users.

6. UPDATE OF THE CONCERNING DISPOSITIONS OF THE CIVIL CODE THE SHIPMENT ACTIVITY GOODS

Bill in parliament approved of from the Cnel Assembly to January 2020

NORMATIVE PROPOSAL

Al Regio I decree 16 March 1942, n.262, Book IV, Title III, Head IX, Section III are brought the following modifications.

Article 1737 so is replaced:
Art.1737 (Notion)
The shipment contract is a mandate with which the shipper assumes the obligation to conclude on behalf in proper noun and of sending or, if equipped of representation powers, in name and on behalf of sending, or more contracts than transport, with or more carriers and than to complete the accessory operations.

Article 1738 so is replaced:
Art. 1738 (Revokes)
It stops remaining the observance of the disposed one of article 1725, until the shipper has not concluded the contract of transport with the carrier, sending can revoke the shipment order object of the mandate, reimbursing the shipper of the supported expenses and corresponding a fair compensation to it for the lend activity.

Article 1739 so is replaced:
Art. 1739 (Obligation of the shipper)
In the execution of the mandate the shipper is held to observe the instructions of sending.
The shipper does not have the obligation to supply to the assurance of the things sent, except expressed demanded of sending.

Article 1740 so is replaced:
Art. 1740 (Straight of the shipper)
The fee which had to the shipper is determined by the free dealing of the parts that stipulate the contract.
Sending is always responsible towards the shipper of the payment of the hire and the other expenses supported from the shipper for the execution of the mandate, also with regard to the costs deriving from the fact of parts third, independently from the existing pacts between said parts third and sending.
Being given how much arranged from article 1710, codicil 1 and 1739 codicil 1, the shipper is not responsible towards sending of the nonperformance of the carriers and of other subjects with which it has contracted or that however they take part in the execution of the transport.

Article 1741 so is replaced:
Art. 1741 (Shipper carrier: notion and responsibility)
The shipper who with means other people's own or express assumes the execution of the transport - in all or partially - is defined shipper carrier and has the obligations and the rights of the carrier.
In case the Shipper carrier is held to the compensation of the derivative damages to has right it, for loss or damage of the sent things been necessary during the phases of transport and technical lying, the due compensation could not be advanced to indicated how much from art. 1696.

Article 1696 so is replaced:
Art. 1696 (Limits to the compensation for loss or damage of the transported things) the damage deriving from loss or damage are estimated according to the going rate of the things transported in the place and in the time of it gives back.
The compensation which had from the carrier cannot be advanced to an euro for every kilogram of gross weight of the goods lost or damaged in transport national earthlings and to the amount of which to article 23, codicil 3, of the Convention for the street transport of goods, ratified with law 6 Decembers 1960, n. 1621, and next modifications, in transport international earthlings, that is to the limits previewed from the international conventions or the applicable national laws for transport airplane, marine, fluvial and railway, there always that they rerun the previewed foundations for rising of the responsibility of the carrier.
If the transport is carried out for through more vectorial means than various nature, and it is not possible to distinguish in which phase of the transport the damage has happened, the compensation which had from the carrier could not in any case be advanced to an euro for every kilogram of in transport national gross weight of the goods lost or damaged and to three euros for every kilogram of in transport international gross weight of the goods lost or damaged.
The forecast of which to the codicils precedence he is not derogabile in favor of the carrier if not in the cases and with the modalities previewed from the special laws and the applicable international conventions.
The carrier cannot make use of the limitation of the responsibility previewed to its favor from anticipates article where is supplied the test that the loss or the damage of the goods is determined by fraud or serious guilt of the carrier or employee its and preplaces, that is of every other subject of which it has made use for the execution of the transport, when such subjects have churn in the exercise of their functions.

Article 2761 so is replaced:
Art. 2761 (Credits of the carrier, the shipper, the mandatory, the depositary and the sequestratario)
The credits employee from the contract of transport and shipment and those for expenses of tax anticipated by the carrier or the shipper have privilege on the transported things or sent until these remain near of he. Such privilege can be practised also on assets object of a various transport or of a shipment from those for which the credit is risen provided that sayings you transport or shipments constitute execution of an only contract for periodic or ongoing performances.
The credits deriving from the execution of the mandate have privilege on the things of sending that the mandatory stops for the execution of the mandate.
The credits deriving from the warehouse or the conventional seizure in favor of the depositary and of the sequestratario have parimenti privilege on the things that these stop for effect of the warehouse or the seizure.
The dispositions of the second and the third codicil of art. the 2756 are applied to these privileges.
In case the mandatory has supplied to on behalf pay the custom duties of sending, its credit has the privilege of which to art. the 2752.

ILLUSTRATION

The activity of the shipment enterprises is regulated by some norms of the Civil code that never are not modified from when it has taken effect.
The normative proposal intends to svecchiare those dispositions adapting them to the modern praxes of an activity that work at this point to level world, to the aim to simplify the relationships between the several users.

7. ENDORSEMENTS IN CUSTOMS

NORMATIVE PROPOSAL

To article 303 of the 23 DPR January 1973, n.43

? the first period of codicil 3 so is replaced:
3. If the rights of border altogether which had second the assessment on the value are greater of those calculating based on the declaration and the difference of the rights exceeds the five percent, the administrative endorsement, in case the fact does not constitute more serious crime, is applied as follows: ”

? the following codicil is added:
“4. However, if such difference depends on errors of calculation, conversion of the foreign currency or transcription store clerks in good faith in the compilation of the declaration that is due to inexact indication of the value sempreché declaring has supplied all the necessary elements for the assessment of the same value, it is applied, tenth the administrative endorsement not smaller of and the greater one of the entire one not to pile of the difference.”

ILLUSTRATION

The sanzionatorio regime for the violations in customs matter is disciplined by article 303 of the TULD and is very rigid and penalizing.
The incidence of the endorsement on the amount of the violation arrives until 750% and the same European Law court has placed highlight as our customs sanzionatorio system is in contrast with the communitarian principles in matter (v. Sentence n.1377/2013).
In fact based on the Customs Code Unionale the endorsements must be proportional, besides dissuasive effective and.
The simplification of the customs sanzionatorio regime would have therefore the twofold scope to bring back fairness in the application of the endorsements and not to more penalize the national operators regarding the competitors European.
In particular it is considered to introduce esimente when the errors store clerks are evidently of formal nature, let alone to preview express that the endorsements are applicable when differences on the value of the produced ones which cleared that they affect the amount of the which had custom duties, and not also on the differences of quality and amount of the same produced ones are found.

8. PAPER OF THE SERVICES FIELD GOODS

NORMATIVE PROPOSAL

Within 120 days from the effectiveness of it anticipates article, the ENAC, together with the main associations of the aerial transport goods, updates to the paper of the services of the airport managers field goods to the aim to return it mainly suitable to the measurement of the supplied services and the quality of the same ones.
The paper will have to preview corrective actions if of lacked attainment the fixed objectives.

ILLUSTRATION

In the within of the services transport publics, the Paper of Mobility (DPCM 30.12.1998) previews that the suppliers of the services write up a Paper of the Services that guarantees determined levels of quality.
On the base of that norm the Enac has written up the outline of the Paper of the Services of the airport managers as instrument of progressive improvement of the quality of the supplied services and of transparent information in confronts of the user on the levels of quality and the verification of the respect of the same ones.
That Paper is adopted to volontaristico level; in particular today for services of the field goods only the port of call of Malpensa is supplied some.
As a result of the devastating impact that the Covid-19 emergency has caused on the aerial field, is necessary that the ripartenza is characterized by services that maintain high levels of quality, to the aim to allow with the operators of having the best ones chanches in order to compete to international level.
The normative proposal is finalized to a fast update of the Paper of the Services for the field goods, elaborated from Enac in 2014 (Circ Gen - 06 of the 31.10.2014), so that the measurement of the level of the services becomes effective and actions for an improvement of the same ones are introduced.

9. CREDITED LABORATORIES OF ANALYSIS

NORMATIVE PROPOSAL

To the aims of the clearance, the controls on the champions of goods prescribed from the competent sanitary authority can be carried out also from private laboratories credited in compliance with European norms EN ISO/IEC 17025 and EN ISO/CEI 17011.

ILLUSTRATION

In phase of clearance, the sanitary norm previews that they can be carried out controls on champions of goods. This happens above all for producing destined to the feeding.
For this type of producing, very often highly perishable, are necessary that the controls happen with tempistiche breviums.
Vice versa in Italy the times are longest because the net of laboratories that carry out sanitary controls is devoid: the champions travel from a Region to the other for being able to be analyzed, with time increases not only, but also of financial burdens for operators and to I discredit of the system Country in terms of efficiency and effectiveness of Public Administration.
The laboratories authorized to the analyses are only those regional publics. Draft of a choice that is not dictated by some communitarian tie. In fact Communitarian Regolamento 882/2004 to article 12 establishes that the Competent authorities designate the laboratories that “operate, are estimated and credited in compliance with European norms EN ISO/IEC 17025, EN 45002, EN 45003”, independently from the public or private nature. Same Legge n.283/1962 moreover previews to article 1 that the analyses can be completed, besides from the provincial laboratories of hygiene and outlined, “from other laboratories in case of necessity authorized”.
This being, wonders to widen the net of the authorized laboratories inserting those private having requirement of which to cited Regulations 882/2004, so as to guarantee the presence of the laboratories working in every Region. Present holds who the controls in question, for example the analyses on the aflatossine, normally are carried out to costs contained from any credited private laboratory.

10. INFRASTRUCTURAL PARTICIPATIONS

NORMATIVE PROPOSAL

To the realization, with resources own for concession of the Authorities of Harbour System by private subjects, of relating works the marine and harbour activities let alone those of realization of destined systems to operations of boarding and disembarkation answering to the functions own of the port of call, are excluded da/l' application of the disposed ones of which to D.Lgvo 18.4.2016, n.50, in the respect of the principles of economization, effectiveness, transparency, ambient protection de/l' and energy efficiency.

ILLUSTRATION

Based on the current dispositions on contracts publics, the infrastructural participations that the Authorities of Harbour System undertake are subject to the general norm of the Code of the Appalt i (D.Lgvo n.50/2016).
One considers that when the works are carried out by the concessionaires with own resources, would have to be explicitly excluded the application of the aforesaid norm that all involves often unsurmountable a bureaucratic constraints series, often preventing the completion in the reasonable times of the infrastructure.

11. DEL GIUDICE COMPETENCE OF PEACE IN CONTROVERSIES SUL CDS OF THE ROAD HAULAGE ENTERPRISES

Bill in parliament of Cnel initiative introduced in Parliament

NORMATIVE PROPOSAL

2. After codicil 2 of article 7 of I decree legislative 1 september 2011, n. 150, are inserted the following one:
“2-second. In the cases in which the violation it is contested to leading of commercial of properties or stopped vehicles in leasing from subjects enrolled in White the national one of the haulers, the opposition of which to codicil 2 it is proposed in front of Justice of the Peace of the place in which the society has registered office”.

ILLUSTRATION

Today for the enterprises of road haulage the opposition to the minutes of assessment of violations to the Highway code in front of Justice of the Peace is compromised by the fact that must often happen based on the place in which the violation has been store clerk, in very far regions from the place in which the enterprise it resides.
Coherently with the principle of simplification of the civil procedures of cognition, the normative proposal establishes therefore that, in the cases of which is, competent Justice of the Peace is that of the place in which the enterprise has the residence.

12. SIMPLIFICATIONS FOR THE ENTERPRISES OF MINOR ROAD HAULAGE DIMENSION

NORMATIVE PROPOSAL

The enterprises of transport of goods on the road that they intend fully loaded to exercise the single profession with vehicles of total mass until 3,5 tons, in order to approach at the market of the transport of goods on behalf of third party, must be in possession of requirement for the access to the White profession and which joined the national one of the legal natural people and that on behalf exercise the road haulage of things of third party, and are held to demonstrate to have acquired, for cession of company, other enterprise of road haulage, or the entire park carrier language, provided that composed of vehicles of not inferior category to Euro 5, from other enterprise that on behalf stops the activity of road haulage of things of third party, or to have acquired and at least registered a vehicle used after the transport of things of not inferior category to Euro 5.

ILLUSTRATION

To communitarian level rules do not exist that at the market discipline the access of the enterprises of road haulage of goods on account of third party. An enterprise of a Member States of the European Union for being able to exercise freely own activity must only respect the rules of the access to the profession so as previewed from Regolamenti Communitarian n. 1071 and 1072 of 2009 and so as understood in the single States.
Various in Italy an enterprise of road haulage of goods on account of third party besides having to observe the rules for the access to the profession must at the market respect also those on the access.
Therefore the proposed normative modifications are stiff to try to diminish the competitive difference with the other States, in the optical at the market to simplify the rules on the access in the field of the road haulage.
The competition with the other States, above all those new communitarian ones, a more and more total economic scene, dragging on of the not favorable economic situation for the enterprises of the field induce to adopt such modifications with urgency character

13. RATIONALIZATION OF THE WARNINGS SHIP THAT THE COMMANDERS MUST SEND ALLE SEVERAL P.A. OF PORTO

Bill in parliament of Cnel initiative introduced in Parliament

NORMATIVE PROPOSAL

1. To article 179 of the navigation code they are assistants, in fine, the following codicils:
“The note of information of which to the first codicil, comprising data of the forms listed there, it is acquired in via data transmission from the competent marine authority, on system PMIS (Port Management Information System), and from this contextually made available, in via data transmission, to all the public administrations of which to article 1, codicil 2, of I decree legislative 30 March 2001, n. 165, that they take part in the procedures of assessment and control inherent to the operations of arrival and departure of the ships of which to anticipates article.
It is made prohibition the public administrations of which to the eighth codicil asking the commander of the ship or the marine raccomandatario or another
representative of the shipowner or person authorized from the commander, the shipment of the data of which to the note of already acquired information from the competent marine authority”.

ILLUSTRATION

It is opportune to rationalize the communications that the commander of the ship must send to the arrival in port. Draft of a pluralità of warnings, envoys with various systems, duplication of information. In the respect of the effectiveness and efficiency of the public function, let alone of the rules of the Code of the Digital Administration, it is necessary to rationalize and to innovate the administrative procedures of this matter to the aim to return them less onerous and quicker.

14. PERIODIC PAYMENT SANITARY BURDENS

NORMATIVE PROPOSAL

1. The operators in possession of the status AEO of which to Regolamento (EU) of the 9.10.2013, n.952, can carry out the cumulative payment of the relative burdens to the release of the Sanitary Authorization with regularity salary. To such fine for every interested operator an account is instituted to climb guaranteed from appropriate bail.
2. The modalities of performance of the codicil precedence are established by the Minister of the felt Health the Minister of the Economy and Finances, within 90 days from the effectiveness of anticipate article.

ILLUSTRATION

Currently the payment for the release of necessary the Sanitary Authorization for the clearance of determined produced is rather complex.
Al fine to return the procedure thinner and to reduce the administrative burden at the expense of the operators, must be mutuare the institute that vige for the payment of the custom duties, allowing a payment periodic and deferred and an account to climb guaranteed.
Naturally the possibility of the periodic and deferred payment would have to be only recognized the reliable operators, in particular to those having the status of AEO, Economic Operator Authorized person, previewed from the Customs Code Unionale.

15. ACCESSORY OPERATIONS ALLE INTERNATIONAL SHIPMENTS

NORMATIVE PROPOSAL

The voices detailed in invoice reported to the same international shipment according to constitute accessory performances of article 12 of the DPR n.633/72.

ILLUSTRATION

The international shipment enterprises for consolidated praxis debit the shipping costs detailing the several costs. The invoice turns out therefore composed from several voices, between which DEM (of Execution of identification Emission Straight Sent), Straight fixed, prints, labels for goods, custom duties, etc
Those expenses are reported to accessory operations to the shipment as they would not happen in case the same shipment did not come true and is correlated to the same operation.
Al fine to ask for the risk of different interpretations in phase of verification is opportune to specify that the administrative expenses debited for international shipments have nature of accessory operation. Consequently such operations follow the regime Vat of the main operation.
The semplificatoria nature of the norm proposal under investigation is in contributing to the certainty of the taxation law, facilitating is the action of the appointed organs to the control that it obligation of the contributors.
CONFETRA
General confederation Italiana of the Transports and the Logistics
TOWARDS THE DL SIMPLIFICATIONS
The proposals of Confetra for the logistics and the transport goods
TOWARDS THE DL SIMPLIFICATIONS
The proposals of Confetra for the logistics and the transport goods

5 june 2020

PREMISED

For operators of the logistic row of the goods the topic of the reduction of the administrative burdens is crucial.

It is calculated that the weight of the bureaucracy you weigh on the field for beyond 30 billion euros per year. In this phase of which wished resumption, in devastating full load impact on the economy of the Covid-19 emergency, becomes more procrastinabile not to undertake brave steps of simplification wide-ranging.

Prompt Confetra in the first place the start of the Unico Doganale Door and the Controls. It is instituted in 2016 in the within of the harbour reform (D.Lgvo n.169) and today, although all the implementing provisions turn out elaborated, are firm near the DAGL. The phase of clearance in Italy sees - according to the interested produced ones - the involvement of 18 various total Administrations for 68 prodromal and contextual procedures between. The operators are forced to duplicate the presentation of documents, with extravagance of time, money, human resources: the system Country cannot more afford it.

The risk is the marginalization of our Peninsula from the flows of arrival and departure of the goods, from the moment that only the more competitive ports of call at the level of European Union are able to intercept those traffics, above all in this phase of dramatic economic contraction and of the volumes.

Prompt Confetra also the application to all the modalities of transport of the "clearance on the trip". Today the Agency Customs Monopolies allows the "clearance in sea", but it is necessary to extend this procedure also to the imports that arrive via airplane and earth, with the implementation of a system "full hand digital" coherently with the principles of the Code Dogale Unionale. The "clearance on the trip" in tightened synergy with the SUDOCO would allow a better management of the customs moment side operating administration and side: more efficient procedures, quicker times, increase of the perception of reliability of the operators, increase quality services to the goods and the traffics. Above all for the aerial modality it would constitute an effective simplification for lacripresa of the field after the devastating impact of the Covid-19 emergency.

Confetra considers also that the Simplification passes for the cession to qualified subjects of procedures today carried out in exclusive right from the Agency Customs and Monopolies. We refer in particular to the activities preliminarys investigation for the release of authorizations and customs regimes that could be carried out from n.213/2000 according to the law equiparandole the Centers of Customs Assistance authorized to those carrying out from the Agency to the aim to reduce workloads in head to the civil employees publics being accelerated the tempistiche of the same procedures. This request already is shared by Cnel (v. point 1,5 Notebook CNEL "Proposed on the simplification and the competitiveness of the Italian logistics" of september 2019).

A normative gap, moreover, in the within of the integrated logistic services is given by the lack of a typed contract of logistics, recognized today only to jurisprudential level. This determines uncertainty in the contractual relationships, in particular with regard to the discipline of the contractual responsibility, and returns less fluid the same relationships with high risk of litigations.

The requirement to reach to a contract of logistics normato in the Civil code is a demand shared from all the present associations in Cnel (v. point 5,1 Notebook CNEL "Proposed on the simplification and the competitiveness of the Italian logistics" of september 2019).

In document anticipates is proposed collections of simplification that they do not have, in the majority, an impact financial borne by the State, and on the other hand they produce important economic benefits on the operators and the fluidity of the entire operational cycle of the goods.

The risk of a its excessive flattening is considered that the described proposals under, some of which approved of within the Shareholders' meeting of the CNEL and already incardinatae near the referring Parliamentary commissions from last January, can be received in emanating the provision, avoiding so also on the matter of the contracts publics. This last, however sure important one for operators of the logistic row for which the optimization of material and immaterial infrastructures remains a condition base of productivity and competitiveness. With this end in view Confetra confides that the modifications to the Code of the Contracts that will be introduced will allow tempistiche and sure procedures of realization of the works.


1. VAT TO THE IMPORT

NORMATIVE PROPOSAL

To article 70 of Decreto of the President of the Republic 26 October 1972,
n.633:
? to codicil 1 the words "and collected" are suppressed;
? codicil 5 is replaced by the following one:
"the tax assessed and liquidated in the customs declaration is acquitted by the importer in compliance with the dispositions of which to title II; to such fine the customs document must be annotated, with reference to the month of release of the same document, in the registries of which to artt.23 or the 24 let alone, to the effects of the deduction, in the registry of which to the art.25."

ILLUSTRATION

In Italy the Vat on the imported assets is collected near the customs offices.
The deposit happens generally by means of the institute of the payment periodic and deferred of the custom duties (custom offices and Vat) that it previews two expirations of deposit, the 8 and the 23 of every month with reference to the imports happened respective in the first and the second fortnight of the month precedence.
For example, if on 7 January pairs to 1.000 euros are imported assets with Vat, that amount will be poured in customs the 8 of February; if the same import happens on 24 January the deposit will happen on 23 February.
That same Vat comes capacity in deduction and therefore it is scomputata by the deposits periodicals Vat that are carried out with the F24 model. In the example already made the Vat poured in customs the 8 or on 23 February it is recovered with the periodic deposit on 16 February, therefore in a case with a refuse in favor of the State treasury and in the other with a refuse in favor of the operator.
After all therefore the deposit of the Vat in customs - than in 2018 year 2018 has quoted 14,2 million euros (, source Blue Book ADM) - does not produce no advantage financial for the State, but solo as an unwarrantable bureaucratic increase in weight is resolved.
The norm Vat is disciplined to communitarian level and for the Vat to the import it directly previews that the Member States can freely decide to collect it near the customs offices or inside (art.211 Directive n.112/2006). The true difference emerges when the operator who has anticipated the Vat in customs goes on credit (not having sufficient Vat inside to compensate). To that point sure the State that has embedded cash Vat in customs has an advantage, but draft of an unjust advantage from the moment that it would have to give back it immediately to the operator and not to withhold it for imponderable times as it happens in Italy.
Other States that do not embed the Vat in customs of it make reason of institutional marketing, inviting the logistic operators to clear near of they and cite Italy for example negative for the diffuseness of recovery of the Vat poured in customs (v. for all office ICE of Amsterdam).
To suppress the collection in customs of the Vat to the import would constitute a simplification of large capacity, worthy of a real action of throws again of our Country after the devastating impact on the which acted as economy the Covid-19.


2. CONTRACTUAL FREEDOM IN THE LIBERALIZED FIELDS

NORMATIVE PROPOSAL

To the aims of the release of authorizations, of concessions, licences or however of certifications of suitability to operate in railway, harbour, airport or postal within, the purpose to harmonize the economic and normative treatments of the dependent of the enterprises in order to avoid distortions of the competition is satisfied with the application by the same contract enterprises national collectives stipulated from trade associations and labor organizations of the comparativily more representative workers on a national level.

ILLUSTRATION

It is opportune to insert in our ordering a norm to guarantee of the effettivity of the principle of trade-union freedom of which to article 39 of the Constitution.
That principle in fact many times over is questioned - in particular in the postal, railway field - by normative participations faces to assert legitimacy of “only contracts of reference” (art.1, codicil 14 of the D.LGVO n.58/2011 and art.8, codicil 3 second of the law n.148/2011 the successively suppressed) and, in the airport field, from restrictive interpretations times to impose application CCNL Assaeroporti (Enac regulations of the 23.3.2011 on the “Certification of the lenders of airport services of assistance to earth”, let alone same D.L n.34/2020 currently during conversion to article 203).
Against the illiberality of only contracts they have repeatedly taken position is the Authority Antitrust (audition to the Chamber of the 26.10.2011 and signallings nn.869 of the 14.9.2011, 441 of 15.1.2008 and 424 of the 26.10.2007) that the administrative magistracy (sentences REGIONAL ADMINISTRATIVE COURT Lazio nn.1295 of 9.2.2012 and 982 of the 30.1.2012, sentence REGIONAL ADMINISTRATIVE COURT Lombardy n.1329 of the 7.5.2008 and sentences of the Council of State nn.3450, 3302, 3821 and 3301 of 2006).


3. ABOLITION OF THE SERVICE OF REPLY OF THE CUSTOMS CORPS

NORMATIVE PROPOSAL

Article 21 of the 23 DPR January 1973, n.43, is suppressed.

ILLUSTRATION

Our ordering previews the anachronistic “service of reply” of the Customs corps, consisting in the control by the financiers to all it crosses harbour and airport of all means of transport. The control happens on documents which released from the customs offices. Therefore the “reply” is the control of who it has already controlled, a unicum of our Country, a useless bureaucratic increase in weight (would be interesting with this end in view a statistics on the reliefs and on which it would be the advantage for the State treasury of those eventual reliefs).
The Customs corps have very others important tasks to carry out that I am of real interest for the State that not to carry out the reply on the acts of the customs offices.
The current phase in which our Country it needs to leave again after the devastating economic impact of the Covid-19 is sure the suitable occasion in order to suppress this anachronistic control.


4. HARMONIZATION OF THE BUSINESS HOURS OF THE P.A. PARTICIPANTS TO THE PHASE OF CLEARANCE

Bill in parliament of Cnel initiative introduced in Parliament

NORMATIVE PROPOSAL

To article 1 of I decree legislative 8 November 1990, n. 374, are assistant, in fine, the following codicil:
“9-second. The dispositions of codicils 1, 2, 4, 5 and 8 of anticipate article are applied also to the staff been dependent on the public administrations of which to article 1, codicil 2, of I decree legislative 30 March 2001, n. 165, that they take part in the procedures of assessment and control in the norm and law enforcement of the European Union in matter of breaking in of the goods in the territory of the European Union and of export of the goods from the territory of the European Union. To the aims of which to codicil anticipates, the implementations that codicil 2 places at the expense of the Director of the Agency of customs and the monopolies intend places at the expense of the Minister that is of the summit of the administration whose offices are involved in the aforesaid procedures”.

ILLUSTRATION

The phase of clearance needs of the maximum coordination of the Administrations that carry out the various procedures. It stops remaining the necessity of the start of the Unico Doganale Door and of the Controls, he is also indispensable that the timetable of the offices of the several P.A is coordinated. In particular it is necessary to harmonize the dispositions on the opening and closing of the services based on the discipline on the activity of the Agency Customs and Monopolies previewed from the D.Lgvo n.374/90. Draft of a simplification of great importance, which considered that currently the lack of harmonization of the timetables is one of the root causes of the delays in the phase of clearance.


5. DELEGATION FOR I REORDER OF THE ACTIVITY OF REGULATION IN THE FIELD YOU TRANSPORT AND LOGISTICS

Bill in parliament of Cnel initiative introduced in Parliament

NORMATIVE PROPOSAL

1. The Government is delegated to adopt, within twelve months from the date of effectiveness of anticipates law, decrees legislative for reorders and the simplification of the afferent discipline to the system of the logistics of the goods, in the respect of the following principles and directive criteria:
a) definition of the withins of competence of the placed activities of regulation in being from the Ministry of infrastructures and the transports, from the national Agency for safety of the railroads and street and highway infrastructures, from the Manager of the railway infrastructure national railway Net Italian Spa and from the Authorities of harbour system and, with reference to the within of the services of public usefullness, from the Authority of regulation of the transports, in the matter of the logistics of the goods;
b) simplification and rationalization, also to the aim to avoid duplications of participations regolators, the concessori procedures, authorized to you and of control whose phases are remittances to the competence of distinguished public administrations contemperando the requirements of effectiveness of the safety procedures in the circulation of the goods with the efficiency and the speditezza of the procedures, the certainty of the regulation, the clarity and not duplication of the implementations.
2. I decree legislative of which to codicil 1 it is adopted on proposal of the Minister of infrastructures and the transports, advance acquisition of the opinion of the unified Conference of which to 28 article 8 of I decree legislative August 1997, n. 281, of the Council of State and the national Council of the economy and the job, that they are profitable in the term of forty-five days from the date of transmission of the outline of I decree legislative, passed which the Government can however proceed. The outline of I decree legislative successively is transmitted to the Chambers for the expression of the opinions of the competent Parliamentary commissions for matter and the financial profiles and of the Parliamentary commission for the simplification, than they are pronounced in the term of sixty days from the date of transmission, passed which I decree legislative can be however adopted. If the term previewed for the opinion falls in the thirty days that successively precede the expiration of the term previewed from codicil 1 or, the same expiration is postponed of ninety days. The Government, in case does not intend to comply to the opinions parliamentarians, newly transmits the text to the Chambers with its observations and eventual modifications, equipped with the necessary integrating elements of information and motivation. The competent Parliamentary commissions for matter can be expressed on the observations of the Government within the term of ten days from the date of the new transmission.
Passed such term, I decree legislative can however be adopted.
3. Within twelve months from the date of effectiveness of I decree legislative of which to codicil 1, the Government can adopt, in the respect of the principles and directive criteria and of the procedure of which to article anticipates, or more you decree legislative bringing integrating and corrective dispositions.

ILLUSTRATION

Currently for the field of the logistics there are numerous agencies you premail to the regulation, agencies that have joined in the time without us it has been a location of the tasks and the withins of co-ordinate competence. The proposal of proxy law for I reorder servants see again all the matter of the regulation with an entirety vision that has as main criteria the simplification and the certainty of the rules for the users.


6. UPDATE OF THE CONCERNING DISPOSITIONS OF THE CIVIL CODE THE SHIPMENT ACTIVITY GOODS

Bill in parliament approved of from the Cnel Assembly to January 2020

NORMATIVE PROPOSAL

Al Regio I decree 16 March 1942, n.262, Book IV, Title III, Head IX, Section III are brought the following modifications.

Article 1737 so is replaced:
Art.1737 (Notion)
The shipment contract is a mandate with which the shipper assumes the obligation to conclude on behalf in proper noun and of sending or, if equipped of representation powers, in name and on behalf of sending, or more contracts than transport, with or more carriers and than to complete the accessory operations.

Article 1738 so is replaced:
Art. 1738 (Revokes)
It stops remaining the observance of the disposed one of article 1725, until the shipper has not concluded the contract of transport with the carrier, sending can revoke the shipment order object of the mandate, reimbursing the shipper of the supported expenses and corresponding a fair compensation to it for the lend activity.

Article 1739 so is replaced:
Art. 1739 (Obligation of the shipper)
In the execution of the mandate the shipper is held to observe the instructions of sending.
The shipper does not have the obligation to supply to the assurance of the things sent, except expressed demanded of sending.

Article 1740 so is replaced:
Art. 1740 (Straight of the shipper)
The fee which had to the shipper is determined by the free dealing of the parts that stipulate the contract.
Sending is always responsible towards the shipper of the payment of the hire and the other expenses supported from the shipper for the execution of the mandate, also with regard to the costs deriving from the fact of parts third, independently from the existing pacts between said parts third and sending.
Being given how much arranged from article 1710, codicil 1 and 1739 codicil 1, the shipper is not responsible towards sending of the nonperformance of the carriers and of other subjects with which it has contracted or that however they take part in the execution of the transport.

Article 1741 so is replaced:
Art. 1741 (Shipper carrier: notion and responsibility)
The shipper who with means other people's own or express assumes the execution of the transport - in all or partially - is defined shipper carrier and has the obligations and the rights of the carrier.
In case the Shipper carrier is held to the compensation of the derivative damages to has right it, for loss or damage of the sent things been necessary during the phases of transport and technical lying, the due compensation could not be advanced to indicated how much from art. 1696.

Article 1696 so is replaced:
Art. 1696 (Limits to the compensation for loss or damage of the transported things) the damage deriving from loss or damage are estimated according to the going rate of the things transported in the place and in the time of it gives back.
The compensation which had from the carrier cannot be advanced to an euro for every kilogram of gross weight of the goods lost or damaged in transport national earthlings and to the amount of which to article 23, codicil 3, of the Convention for the street transport of goods, ratified with law 6 Decembers 1960, n. 1621, and next modifications, in transport international earthlings, that is to the limits previewed from the international conventions or the applicable national laws for transport airplane, marine, fluvial and railway, there always that they rerun the previewed foundations for rising of the responsibility of the carrier.
If the transport is carried out for through more vectorial means than various nature, and it is not possible to distinguish in which phase of the transport the damage has happened, the compensation which had from the carrier could not in any case be advanced to an euro for every kilogram of in transport national gross weight of the goods lost or damaged and to three euros for every kilogram of in transport international gross weight of the goods lost or damaged.
The forecast of which to the codicils precedence he is not derogabile in favor of the carrier if not in the cases and with the modalities previewed from the special laws and the applicable international conventions.
The carrier cannot make use of the limitation of the responsibility previewed to its favor from anticipates article where is supplied the test that the loss or the damage of the goods is determined by fraud or serious guilt of the carrier or employee its and preplaces, that is of every other subject of which it has made use for the execution of the transport, when such subjects have churn in the exercise of their functions.

Article 2761 so is replaced:
Art. 2761 (Credits of the carrier, the shipper, the mandatory, the depositary and the sequestratario)
The credits employee from the contract of transport and shipment and those for expenses of tax anticipated by the carrier or the shipper have privilege on the transported things or sent until these remain near of he. Such privilege can be practised also on assets object of a various transport or of a shipment from those for which the credit is risen provided that sayings you transport or shipments constitute execution of an only contract for periodic or ongoing performances.
The credits deriving from the execution of the mandate have privilege on the things of sending that the mandatory stops for the execution of the mandate.
The credits deriving from the warehouse or the conventional seizure in favor of the depositary and of the sequestratario have parimenti privilege on the things that these stop for effect of the warehouse or the seizure.
The dispositions of the second and the third codicil of art. the 2756 are applied to these privileges.
In case the mandatory has supplied to on behalf pay the custom duties of sending, its credit has the privilege of which to art. the 2752.

ILLUSTRATION

The activity of the shipment enterprises is regulated by some norms of the Civil code that never are not modified from when it has taken effect.
The normative proposal intends to svecchiare those dispositions adapting them to the modern praxes of an activity that work at this point to level world, to the aim to simplify the relationships between the several users.


7. ENDORSEMENTS IN CUSTOMS

NORMATIVE PROPOSAL

To article 303 of the 23 DPR January 1973, n.43

? the first period of codicil 3 so is replaced:
3. If the rights of border altogether which had second the assessment on the value are greater of those calculating based on the declaration and the difference of the rights exceeds the five percent, the administrative endorsement, in case the fact does not constitute more serious crime, is applied as follows: ”

? the following codicil is added:
“4. However, if such difference depends on errors of calculation, conversion of the foreign currency or transcription store clerks in good faith in the compilation of the declaration that is due to inexact indication of the value sempreché declaring has supplied all the necessary elements for the assessment of the same value, it is applied, tenth the administrative endorsement not smaller of and the greater one of the entire one not to pile of the difference.”

ILLUSTRATION

The sanzionatorio regime for the violations in customs matter is disciplined by article 303 of the TULD and is very rigid and penalizing.
The incidence of the endorsement on the amount of the violation arrives until 750% and the same European Law court has placed highlight as our customs sanzionatorio system is in contrast with the communitarian principles in matter (v. Sentence n.1377/2013).
In fact based on the Customs Code Unionale the endorsements must be proportional, besides dissuasive effective and.
The simplification of the customs sanzionatorio regime would have therefore the twofold scope to bring back fairness in the application of the endorsements and not to more penalize the national operators regarding the competitors European.
In particular it is considered to introduce esimente when the errors store clerks are evidently of formal nature, let alone to preview express that the endorsements are applicable when differences on the value of the produced ones which cleared that they affect the amount of the which had custom duties, and not also on the differences of quality and amount of the same produced ones are found.


8. PAPER OF THE SERVICES FIELD GOODS

NORMATIVE PROPOSAL

Within 120 days from the effectiveness of it anticipates article, the ENAC, together with the main associations of the aerial transport goods, updates to the paper of the services of the airport managers field goods to the aim to return it mainly suitable to the measurement of the supplied services and the quality of the same ones.
The paper will have to preview corrective actions if of lacked attainment the fixed objectives.

ILLUSTRATION

In the within of the services transport publics, the Paper of Mobility (DPCM 30.12.1998) previews that the suppliers of the services write up a Paper of the Services that guarantees determined levels of quality.
On the base of that norm the Enac has written up the outline of the Paper of the Services of the airport managers as instrument of progressive improvement of the quality of the supplied services and of transparent information in confronts of the user on the levels of quality and the verification of the respect of the same ones.
That Paper is adopted to volontaristico level; in particular today for services of the field goods only the port of call of Malpensa is supplied some.
As a result of the devastating impact that the Covid-19 emergency has caused on the aerial field, is necessary that the ripartenza is characterized by services that maintain high levels of quality, to the aim to allow with the operators of having the best ones chanches in order to compete to international level.
The normative proposal is finalized to a fast update of the Paper of the Services for the field goods, elaborated from Enac in 2014 (Circ Gen - 06 of the 31.10.2014), so that the measurement of the level of the services becomes effective and actions for an improvement of the same ones are introduced.


9. CREDITED LABORATORIES OF ANALYSIS

NORMATIVE PROPOSAL

To the aims of the clearance, the controls on the champions of goods prescribed from the competent sanitary authority can be carried out also from private laboratories credited in compliance with European norms EN ISO/IEC 17025 and EN ISO/CEI 17011.

ILLUSTRATION

In phase of clearance, the sanitary norm previews that they can be carried out controls on champions of goods. This happens above all for producing destined to the feeding.
For this type of producing, very often highly perishable, are necessary that the controls happen with tempistiche breviums.
Vice versa in Italy the times are longest because the net of laboratories that carry out sanitary controls is devoid: the champions travel from a Region to the other for being able to be analyzed, with time increases not only, but also of financial burdens for operators and to I discredit of the system Country in terms of efficiency and effectiveness of Public Administration.
The laboratories authorized to the analyses are only those regional publics. Draft of a choice that is not dictated by some communitarian tie. In fact Communitarian Regolamento 882/2004 to article 12 establishes that the Competent authorities designate the laboratories that “operate, are estimated and credited in compliance with European norms EN ISO/IEC 17025, EN 45002, EN 45003”, independently from the public or private nature. Same Legge n.283/1962 moreover previews to article 1 that the analyses can be completed, besides from the provincial laboratories of hygiene and outlined, “from other laboratories in case of necessity authorized”.
This being, wonders to widen the net of the authorized laboratories inserting those private having requirement of which to cited Regulations 882/2004, so as to guarantee the presence of the laboratories working in every Region. Present holds who the controls in question, for example the analyses on the aflatossine, normally are carried out to costs contained from any credited private laboratory.


10. INFRASTRUCTURAL PARTICIPATIONS

NORMATIVE PROPOSAL

To the realization, with resources own for concession of the Authorities of Harbour System by private subjects, of relating works the marine and harbour activities let alone those of realization of destined systems to operations of boarding and disembarkation answering to the functions own of the port of call, are excluded da/l' application of the disposed ones of which to D.Lgvo 18.4.2016, n.50, in the respect of the principles of economization, effectiveness, transparency, ambient protection de/l' and energy efficiency.

ILLUSTRATION

Based on the current dispositions on contracts publics, the infrastructural participations that the Authorities of Harbour System undertake are subject to the general norm of the Code of the Appalt i (D.Lgvo n.50/2016).
One considers that when the works are carried out by the concessionaires with own resources, would have to be explicitly excluded the application of the aforesaid norm that all involves often unsurmountable a bureaucratic constraints series, often preventing the completion in the reasonable times of the infrastructure.


11. DEL GIUDICE COMPETENCE OF PEACE IN CONTROVERSIES SUL CDS OF THE ROAD HAULAGE ENTERPRISES

Bill in parliament of Cnel initiative introduced in Parliament

NORMATIVE PROPOSAL

2. After codicil 2 of article 7 of I decree legislative 1 september 2011, n. 150, are inserted the following one:
“2-second. In the cases in which the violation it is contested to leading of commercial of properties or stopped vehicles in leasing from subjects enrolled in White the national one of the haulers, the opposition of which to codicil 2 it is proposed in front of Justice of the Peace of the place in which the society has registered office”.

ILLUSTRATION

Today for the enterprises of road haulage the opposition to the minutes of assessment of violations to the Highway code in front of Justice of the Peace is compromised by the fact that must often happen based on the place in which the violation has been store clerk, in very far regions from the place in which the enterprise it resides.
Coherently with the principle of simplification of the civil procedures of cognition, the normative proposal establishes therefore that, in the cases of which is, competent Justice of the Peace is that of the place in which the enterprise has the residence.


12. SIMPLIFICATIONS FOR THE ENTERPRISES OF MINOR ROAD HAULAGE DIMENSION

NORMATIVE PROPOSAL

The enterprises of transport of goods on the road that they intend fully loaded to exercise the single profession with vehicles of total mass until 3,5 tons, in order to approach at the market of the transport of goods on behalf of third party, must be in possession of requirement for the access to the White profession and which joined the national one of the legal natural people and that on behalf exercise the road haulage of things of third party, and are held to demonstrate to have acquired, for cession of company, other enterprise of road haulage, or the entire park carrier language, provided that composed of vehicles of not inferior category to Euro 5, from other enterprise that on behalf stops the activity of road haulage of things of third party, or to have acquired and at least registered a vehicle used after the transport of things of not inferior category to Euro 5.

ILLUSTRATION

To communitarian level rules do not exist that at the market discipline the access of the enterprises of road haulage of goods on account of third party. An enterprise of a Member States of the European Union for being able to exercise freely own activity must only respect the rules of the access to the profession so as previewed from Regolamenti Communitarian n. 1071 and 1072 of 2009 and so as understood in the single States.
Various in Italy an enterprise of road haulage of goods on account of third party besides having to observe the rules for the access to the profession must at the market respect also those on the access.
Therefore the proposed normative modifications are stiff to try to diminish the competitive difference with the other States, in the optical at the market to simplify the rules on the access in the field of the road haulage.
The competition with the other States, above all those new communitarian ones, a more and more total economic scene, dragging on of the not favorable economic situation for the enterprises of the field induce to adopt such modifications with urgency character


13. RATIONALIZATION OF THE WARNINGS SHIP THAT THE COMMANDERS MUST SEND ALLE SEVERAL P.A. OF PORTO

Bill in parliament of Cnel initiative introduced in Parliament

NORMATIVE PROPOSAL

1. To article 179 of the navigation code they are assistants, in fine, the following codicils:
“The note of information of which to the first codicil, comprising data of the forms listed there, it is acquired in via data transmission from the competent marine authority, on system PMIS (Port Management Information System), and from this contextually made available, in via data transmission, to all the public administrations of which to article 1, codicil 2, of I decree legislative 30 March 2001, n. 165, that they take part in the procedures of assessment and control inherent to the operations of arrival and departure of the ships of which to anticipates article.
It is made prohibition the public administrations of which to the eighth codicil asking the commander of the ship or the marine raccomandatario or another
representative of the shipowner or person authorized from the commander, the shipment of the data of which to the note of already acquired information from the competent marine authority”.

ILLUSTRATION

It is opportune to rationalize the communications that the commander of the ship must send to the arrival in port. Draft of a pluralità of warnings, envoys with various systems, duplication of information. In the respect of the effectiveness and efficiency of the public function, let alone of the rules of the Code of the Digital Administration, it is necessary to rationalize and to innovate the administrative procedures of this matter to the aim to return them less onerous and quicker.


14. PERIODIC PAYMENT SANITARY BURDENS

NORMATIVE PROPOSAL

1. The operators in possession of the status AEO of which to Regolamento (EU) of the 9.10.2013, n.952, can carry out the cumulative payment of the relative burdens to the release of the Sanitary Authorization with regularity salary. To such fine for every interested operator an account is instituted to climb guaranteed from appropriate bail.
2. The modalities of performance of the codicil precedence are established by the Minister of the felt Health the Minister of the Economy and Finances, within 90 days from the effectiveness of anticipate article.

ILLUSTRATION

Currently the payment for the release of necessary the Sanitary Authorization for the clearance of determined produced is rather complex.
Al fine to return the procedure thinner and to reduce the administrative burden at the expense of the operators, must be mutuare the institute that vige for the payment of the custom duties, allowing a payment periodic and deferred and an account to climb guaranteed.
Naturally the possibility of the periodic and deferred payment would have to be only recognized the reliable operators, in particular to those having the status of AEO, Economic Operator Authorized person, previewed from the Customs Code Unionale.


15. ACCESSORY OPERATIONS ALLE INTERNATIONAL SHIPMENTS

NORMATIVE PROPOSAL

The voices detailed in invoice reported to the same international shipment according to constitute accessory performances of article 12 of the DPR n.633/72.

ILLUSTRATION

The international shipment enterprises for consolidated praxis debit the shipping costs detailing the several costs. The invoice turns out therefore composed from several voices, between which DEM (of Execution of identification Emission Straight Sent), Straight fixed, prints, labels for goods, custom duties, etc
Those expenses are reported to accessory operations to the shipment as they would not happen in case the same shipment did not come true and is correlated to the same operation.
Al fine to ask for the risk of different interpretations in phase of verification is opportune to specify that the administrative expenses debited for international shipments have nature of accessory operation. Consequently such operations follow the regime Vat of the main operation.
The semplificatoria nature of the norm proposal under investigation is in contributing to the certainty of the taxation law, facilitating is the action of the appointed organs to the control that it obligation of the contributors.