Assoporti evidences the necessity of an immediate simplification of the norms for the ports



The Association of the Italian Ports (Assoporti) has manifested own support to the bill in parliament introduced 30th November by Raffaella Paita, president of the Commission Trasporti to the Chamber, and Luciano Nobili, both of the group Alive parliamentarian of Italy, for the simplification of the procedures in the ports, proposal that it exhorts to modify articles of the law of I reorder of the harbour matter that they regard the Portuale Town development plan, the dredging and the procedures of contract.

"It is time - the president of Assoporti has explained, Daniele Rossi - to change broken. The member of parliament Paita has with justice evidenced a problem that we face every day. From years it is spoken about simplification but every time competences join to new on the harbour within, or procedures that are overlapped to those already existing. Now it is necessary to accompany the deep ones of Next Generation EU with the simplification".

The association has remembered to have many times over sped up the simplification and sburocratizzazione of the administrative procedures for the portualità, as too much often who manages the harbour areas are found literally ingessato between procedures and demands for authorizations by other structures, agencies or Public Administration. Assoporti has denounced that there are numerous duplications and overlaps pearl necessary infrastructure realization, but also for the release of authorizations and state property concessions, increases in weight that unavoidably slow down the competitiveness of the ports.

The text of the bill in parliament "Modifications to the law 28 January 1994, n. 84, and other dispositions for the simplification in the harbour field" of initiative of the deputies Paita and Nobili Art. 1. (Simplification of the procedures of planning of the harbour field) 1. To article 5 of the law 28 January 1994, n. 84, are brought the following modifications: to the codicil 1-second: 1) to the alinea, after the words: "strategic planning of system," is inserted the following ones: "bringing the systemic contents of address of the choices of planning adopted in the town development plans of the single ports,"; 2) literally a), the words: "the systemic contents of" are replaced by the following ones: "the systemic contents of address of"; the codicil 1-ter is replaced by the following one: "1-ter. The planning of the areas with interaction function port-city let alone of the back-harbour areas of the infrastructural connections of last mile of road and railway type with the single ports of the system and the crosswalks of the urbanized area, defined from the document of strategic planning of system and falling back outside of the perimeter of harbour administrative division, is established by the municipalities in own instruments of planning, against to seem of the competent Authority of harbour system"; the codicil 1-quater is replaced by the following ones: "1-quater. The document of strategic planning of system is adopted by the Committee of management, against to seem of the interested municipalities, and is approved of in next the ninety days from the Ministry of infrastructures and the transports, advance understanding with the interested regions. The document of strategic planning of system is not subjected to the procedure of VAS. 1-quater.1. Varying to the document of strategic planning of system is approved of with the procedure previewed for the adoption of the same document according to the codicil 1-quater"; the codicil 1-quinquies is replaced by the following one: "1-quinquies. To the aims of the obtaining of the understanding of which to the codicil 1-quater in the term there established, the Ministry of infrastructures and the transports can convene a conference of services. In case of dissent between the administrations participants to the conference of services, they apply to the dispositions of the article 14-quinquies of the law 7 August 1990, n. 241"; to the codicil 1-sexies: 1) to the first period, after the words: "road and railway connection" is inserted the following ones: "pertaining to administrative division of the port"; 2) he is assistant, in fine, the following period: "The disposition of article 142, codicil 1, letter a), of the code of arts and the landscape, of which to I decree legislative 22 January 2004, n. 42, are not applied to the areas comprised in the perimeter of the harbour town development plan"; the codicils 2-second and 2-ter are repealed; to the codicil 2-quater, letter b), after the words: "reception of the action" is added the following ones: ", passed which the opinion agrees been profitable favorably"; to the codicil 2-sexies he is assistant, in fine, the following period: "The harbour town development plan is a territorial plan of state importance and represents the only instrument of planning and government of the territory in own perimeter of competence"; codicil 4 is replaced by the following one: "4. The President of the Authority of harbour system, also in the blackberries of the approval of the document of strategic planning of system, can promote and propose the Committee of management, for the next adoption, varying to the harbour town development plan of the single ports of call"; to the codicil 4-second, the word: "vary-I write off" is replaced by the following one: "varying"; the codicil 4-ter is repealed. 2. To article 8, codicil 3, letter and-second), of the law 28 January 1994, n. 84, the word: "vary-I write off" is replaced by the following one: "varying". Art. 2. (Simplification of the procedures of contract of the Authorities of harbour system) 1. After codicil 12 of article 6 of the law 28 January 1994, n. 84, are inserted the following one: "12-second. For how much it concerns the Authorities of harbour system, the institution of technical the advisory college of which to article 6 of the decree-law 16 July 2020, n. 76, converted, with modifications, from the law September 11 2020, n. 120, have optional character". Art. 3. (Simplification in matter of dredgings) 1. Near the Ministry of infrastructures and the transports a technical table is instituted, composed from representatives of the same Ministry of infrastructures and the transports and the Ministry of the atmosphere and the protection of the territory and the sea, with the task to strengthen the competitiveness of national the harbour system, being given the full respect of the requirements of environmental protection. Within fifteen days from the date of effectiveness of law anticipates, the cited Ministries designates the participants to the foretold technical table, choosing them in the within of the specialized organisms in the fields object of study by the same table. 2. The technical table of which to codicil 1, within six months from the date of effectiveness of law anticipates, proceeds to the review of the lines guides relative to the characterization of sediments propedeutica to the dredging operations, necessary in order to define the their consequent destination, that is to the operations of sversamento to sea, bestowal in cases of overwhelmed and similar, with particular reference to the echo-toxicological tests, the aim to exceed the criticalities emerged on the base of the applied methodology. 3. In the six next months upon maturity of the term of which to codicil 2, on the base of the lines it guides according to audited from the technical table of same codicil 2, the Ministry of infrastructures and of the transports it proceeds in the field to the experimentation of the new methodology for the effettuazione of the echo-toxicological tests, to the aim to estimate its adequacy regarding the requirements of environmental protection and to the sustainability of its impact on the dredging operations. To the favorable outcome of the experimentation, assessed from the technical table, it is proceeded to return the application of the lines definitive guides. To pass from the date of definitive application of the cited lines it guides, the dispositions in matter previewed from the regulations stop to have effectiveness of which to I decree of the Minister of the atmosphere and the protection of the territory and the 15 sea July 2016, n. 173. 4. In the blackberries of the definitive application of the lines it guides according to codicil 3, for the characterization of sediments necessary in order to define the their consequent destination, that is their sversamento to sea, their bestowal in cases of overwhelmed and similar, the previewed echo-toxicological tests are suspended by the regulations of which to I decree of the Minister of the atmosphere and the protection of the territory and the 15 sea July 2016, n. 173. The characterization of sediments is based alone on the tests chemistries, with reference to the national levels of survey 1,1 and 1,2, in a position to taking into consideration the greater vulnerability of the marine ecosystem regarding that earthling. In case of possibility of bestowal to sea of sediments it is, also, abolished it obligation of control in advanced layers to 5 centimeters. Art. 4. (Start of the customs only door and the controls) 1. I Prime Minister's decree of the ministers of which to article 20, codicil 2, of I decree legislative 4 August 2016, n. 169, are emanated within sixty days from the date of effectiveness of anticipate law. 2. In case of lacked emanation I decree in the term of which to codicil 1, the Government reports with respect to the competent Parliamentary commissions, indicating the reasons of the delay and the date within which I decree will be emanated.
The text of the bill in parliament "Modifications to the law 28 January 1994, n. 84, and other dispositions for the simplification in the harbour field" of initiative of the deputies Paita and Nobili
Art. 1. (Simplification of the procedures of planning of the harbour field)
Art. 1.
(Simplification of the procedures of planning of the harbour field)

1. To article 5 of the law 28 January 1994, n. 84, are brought the following modifications:
to the codicil 1-second: 1) to the alinea, after the words: "strategic planning of system," is inserted the following ones: "bringing the systemic contents of address of the choices of planning adopted in the town development plans of the single ports,"; 2) literally a), the words: "the systemic contents of" are replaced by the following ones: "the systemic contents of address of"; the codicil 1-ter is replaced by the following one: "1-ter. The planning of the areas with interaction function port-city let alone of the back-harbour areas of the infrastructural connections of last mile of road and railway type with the single ports of the system and the crosswalks of the urbanized area, defined from the document of strategic planning of system and falling back outside of the perimeter of harbour administrative division, is established by the municipalities in own instruments of planning, against to seem of the competent Authority of harbour system"; the codicil 1-quater is replaced by the following ones: "1-quater. The document of strategic planning of system is adopted by the Committee of management, against to seem of the interested municipalities, and is approved of in next the ninety days from the Ministry of infrastructures and the transports, advance understanding with the interested regions. The document of strategic planning of system is not subjected to the procedure of VAS. 1-quater.1. Varying to the document of strategic planning of system is approved of with the procedure previewed for the adoption of the same document according to the codicil 1-quater"; the codicil 1-quinquies is replaced by the following one: "1-quinquies. To the aims of the obtaining of the understanding of which to the codicil 1-quater in the term there established, the Ministry of infrastructures and the transports can convene a conference of services. In case of dissent between the administrations participants to the conference of services, they apply to the dispositions of the article 14-quinquies of the law 7 August 1990, n. 241"; to the codicil 1-sexies: 1) to the first period, after the words: "road and railway connection" is inserted the following ones: "pertaining to administrative division of the port"; 2) he is assistant, in fine, the following period: "The disposition of article 142, codicil 1, letter a), of the code of arts and the landscape, of which to I decree legislative 22 January 2004, n. 42, are not applied to the areas comprised in the perimeter of the harbour town development plan"; the codicils 2-second and 2-ter are repealed; to the codicil 2-quater, letter b), after the words: "reception of the action" is added the following ones: ", passed which the opinion agrees been profitable favorably"; to the codicil 2-sexies he is assistant, in fine, the following period: "The harbour town development plan is a territorial plan of state importance and represents the only instrument of planning and government of the territory in own perimeter of competence"; codicil 4 is replaced by the following one: "4. The President of the Authority of harbour system, also in the blackberries of the approval of the document of strategic planning of system, can promote and propose the Committee of management, for the next adoption, varying to the harbour town development plan of the single ports of call"; to the codicil 4-second, the word: "vary-I write off" is replaced by the following one: "varying"; the codicil 4-ter is repealed.
2. To article 8, codicil 3, letter and-second), of the law 28 January 1994, n. 84, the word: "vary-I write off" is replaced by the following one: "varying".

Art. 2. (Simplification of the procedures of contract of the Authorities of harbour system)
Art. 2.
(Simplification of the procedures of contract of the Authorities of harbour system)

1. After codicil 12 of article 6 of the law 28 January 1994, n. 84, are inserted the following one:
"12-second. For how much it concerns the Authorities of harbour system, the institution of technical the advisory college of which to article 6 of the decree-law 16 July 2020, n. 76, converted, with modifications, from the law September 11 2020, n. 120, have optional character".

Art. 3. (Simplification in matter of dredgings)
Art. 3.
(Simplification in matter of dredgings)

1. Near the Ministry of infrastructures and the transports a technical table is instituted, composed from representatives of the same Ministry of infrastructures and the transports and the Ministry of the atmosphere and the protection of the territory and the sea, with the task to strengthen the competitiveness of national the harbour system, being given the full respect of the requirements of environmental protection. Within fifteen days from the date of effectiveness of law anticipates, the cited Ministries designates the participants to the foretold technical table, choosing them in the within of the specialized organisms in the fields object of study by the same table.

2. The technical table of which to codicil 1, within six months from the date of effectiveness of law anticipates, proceeds to the review of the lines guides relative to the characterization of sediments propedeutica to the dredging operations, necessary in order to define the their consequent destination, that is to the operations of sversamento to sea, bestowal in cases of overwhelmed and similar, with particular reference to the echo-toxicological tests, the aim to exceed the criticalities emerged on the base of the applied methodology.

3. In the six next months upon maturity of the term of which to codicil 2, on the base of the lines it guides according to audited from the technical table of same codicil 2, the Ministry of infrastructures and of the transports it proceeds in the field to the experimentation of the new methodology for the effettuazione of the echo-toxicological tests, to the aim to estimate its adequacy regarding the requirements of environmental protection and to the sustainability of its impact on the dredging operations. To the favorable outcome of the experimentation, assessed from the technical table, it is proceeded to return the application of the lines definitive guides. To pass from the date of definitive application of the cited lines it guides, the dispositions in matter previewed from the regulations stop to have effectiveness of which to I decree of the Minister of the atmosphere and the protection of the territory and the 15 sea July 2016, n. 173.

4. In the blackberries of the definitive application of the lines it guides according to codicil 3, for the characterization of sediments necessary in order to define the their consequent destination, that is their sversamento to sea, their bestowal in cases of overwhelmed and similar, the previewed echo-toxicological tests are suspended by the regulations of which to I decree of the Minister of the atmosphere and the protection of the territory and the 15 sea July 2016, n. 173. The characterization of sediments is based alone on the tests chemistries, with reference to the national levels of survey 1,1 and 1,2, in a position to taking into consideration the greater vulnerability of the marine ecosystem regarding that earthling. In case of possibility of bestowal to sea of sediments it is, also, abolished it obligation of control in advanced layers to 5 centimeters.
Art. 4. (Start of the customs only door and the controls)
Art. 4.
(Start of the customs only door and the controls)

1. I Prime Minister's decree of the ministers of which to article 20, codicil 2, of I decree legislative 4 August 2016, n. 169, are emanated within sixty days from the date of effectiveness of anticipate law.

2. In case of lacked emanation I decree in the term of which to codicil 1, the Government reports with respect to the competent Parliamentary commissions, indicating the reasons of the delay and the date within which I decree will be emanated.