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21 November 2024 - Year XXVIII
Independent journal on economy and transport policy
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Italian Assoporti and the AdSP illustrate their resource near the Court of the EU on the taxation of the ports
The EU commission - the recurrent ones support - has curled a series of clamorous interpretative errors
April 1, 2021

The position of the EU commission with respect to the taxation of the organisms is clear for a long time that the ports of the EU govern, than - according to Brussels - whereby exercises activity of economic type must be subordinates to the European norms on the aids of State and, in the event that economic activities operate exactly, they must be subject to the income taxes of the societies.

It is clear from equally and still more time the opinion of Italy on the issue: the Italian Harbour Authorities, now become Authority of Harbour System (AdSP), operate for the State administering for its account the state property areas of the ports, included the activity of collection of the concession canons there, and are all fuorché of the enterprises whose lead EU must fall back under the norms on the state aids.

At the end last year the EU commission has asked Italy to cancel the exemption for the AdSP from the taxes on the societies, lacked subjugation that would represent an aid of incompatible State with the communitarian norms(on 4 December 2020). Order against which the Italian Authorities of Harbour System have been lined up compact that, with the coordination of the Association of the Italian Ports (Assoporti), have deposited near the Court of the European Union a resource asking the cancellation for the decision of the Commission. The motivations of the resource are explained today by the president of Assoporti, Daniele Rossi, with the presidents of the AdSP who specifically have dedicated themselves to the composition of the resource, Massimo Deiana and Ugo Patroni Griffi, assisted from a team of lawyers constituted by lawyers Francesco Munari, Stefano Zunarelli, Gian Michele Roberti and Isabella Perego whom the resource has introduced.

For the presidents of the AdSP, the resource does not represent a battle against the EU, but for a corrected application of the communitarian norms and more rather against the decision assumed from the EU commission that - it has emphasized Deiana - "has curled a series of clamorous interpretative errors", between which most obvious - it is explained in the resource - it is that "to ignore the pubblicistica nature of the chosen model of harbour organization from the Italian legislator".

In the resource one various evidences that the Member States of the European Union second have organized the harbour field systems of different governance a lot and that, from the other Member States (France, Belgium and Holland) to which the EU commission it has sent analogous decisions about the regime of taxation of the limited companies that in such States the ports commercially manage, arriving sometimes - it is emphasized - to carry out harbour operations and services, "Italy has classified friendly publishes, in coherent and systematic way, every aspect legacy to the harbour field: the property of the assets, pertaining to the Federal property out of stock of the State, the administration of same, the classified one in via exclusive right to the AdSP territorial competent, the collection by the AdSP of the state property canons by the concessionaires, that they are real taxes paid from the concessionaires directly to the State and solo collected from the AdSP".

According to the recurrent ones, the Commission would garble also "the role and the prerogatives of the AdSP that, in the Italian ordering, belong under the organic and functional profile to the State". It is observed in fact that, "as Public Administration, to the AdSP is recognized the same prerogatives that are up to the other infrabeen entities them, as the Regions or the Municipalities, to which the State confers the task to administer determined territorial areas". E regions other local authorities who "manage the assets publics with the same modalities applied from the AdSP. For example - it is found - the access to the private ones is afforded by means of concession - and not with a lease, as it supports the Commission - and against the contextual collection of a tax for the occupation of the public good, collected from such territorial agencies".

To warning of the recurrent ones, "he is therefore logical and coherent that AdSP, Regions, Municipalities and the other infrabeen entities tied them to the State from an organic and functional relationship are subject to the same regime under the profile of the tax of the societies. In fact, second the Italian fiscal discipline - it remembers - nobody of these subjects is subject to IRES".

A central node of the issue is that of the paid canons of concession from the harbour terminalisti for being able to have use of the areas on which they exercise their activities. The EU commission considers that who has the property of the areas, little imports if it is a private one, a public body or the State, which lessor must be subject to the income taxes of the societies. According to Assoporti, the AdSP Italian and the law firms that have assisted to them, instead, draft of a wrong interpretation that on behalf excludes the fiscal nature of the state property canons and the harbour taxes collected by the AdSP of the State. The recurrent ones emphasize that in the decision of Brussels, in fact, "it is not recognized that, in the Italian ordering, the state property canons (and, to greater reason, the harbour taxes) are not a fee of an economic activity (nonexistent), but the performance of a tax, whose amount is fixed directly from the second law fixed parameters legacies to the surface of the granted area that owner of the good is paid by the concessionaire to the State". The recurrent ones emphasize that the AdSP "are limited on behalf to collect such tax of the State and, therefore, not even of it does not negotiate the amount with the interested subjects".

It is specified moreover that, with regard to, Law court of the EU and EU commission "have constantly considered that the presence of a directly fixed canon from the enterprise that manages an infrastructure is unavoidable condition to the aims of its qualification as enterprise: if the fee only is negotiates, in fact, it is in the presence of an economic activity". "This not verification if of species", they newly clarify the recurrent ones that emphasizes as "the fiscal nature of the state property canons and of the harbour taxes however confirmed from the fact that on the same ones is not due the VAT, based on the general principle for which taxes are not paid on the taxes". They observe moreover that, "on the other hand, in all the States other members to which the Commission it has contested the exemption from the taxation of the companies that manage the ports there, the same fees that the riscuotevano from the harbour user were, incoherently, subjects to VAT".

"The fixed measure of the canon for all the concessionary aspirants - the recurrent ones still emphasize - demonstrates that the AdSP cannot modify the price of the "assets" that, second the erroneous formulation of the Commission, they would offer on the "market" in order to stimulate subjects third party to use the port that falls back under their territorial competence". According to Italian Assoporti and the AdSP, "that confirmation ulterior a serious error store clerk from the appealled decision: the rules in matter of aids of State - they explain - are only applied in the fields opened to the competition that, in fact, must be prejudiced from the presumed aid, to pain of the inapplicabilità of the norms on the aids. Since Italy is instead classified in exclusive right is the property is the administration of the harbour state property assets, and therefore it has not opened to the competition the harbour field - moreover the recurrent ones find opening wide the doors to the most varied convictions are relatively to the meaning of "competition" are to that of "harbour field" - art. the 107 TFUE is not applicable to the AdSP, giacché with regard to their activities does not exist some "market" neither not even potential competition. And in fact the Commission has not characterized some concurrent enterprise of the AdSP, neither could. Not being to us a market, they cannot be effects you distorted you to us of the competition on the same one".

"At last - the recurrent ones conclude - equally that part of the appealled decision is roved in which the Commission it considers that the exemption of the AdSP from the income tax of the financial societies would determine a burden borne by the State. In fact, the entrances of the AdSP, included the taxes there that they collect on behalf of the State, are subject to destination tie and are finalized to afford the realization of the institutional mission of the AdSP, i.e the administration of a part of territory on behalf of the State. Hypothetical corresponded how much for a reason or purpose of income tax therefore would be compensated by the State with greater contributions to the operation of same the AdSP that cannot stop their administrative activity (to the pairs, once again, of E regions Municipalities)".

Introducing the motivations of their resource, Assoporti, the AdSP and the team of lawyers they have found that "in absence of a harmonization at the level of the Union”, “the Member States second have organized the harbour field systems of different governance a lot”. It would come to reply that the initiatives of the EU commission are own understandings to introduce that harmonization between the different model currently of governance harbour in vigor in the EU. A harmonization that - it could, to tell the truth, also be observed - would go searched through initiatives agreed from the legislative organ of the European Union rather than through “you decree governmental” emitted from the executive organ of the EU.

Harmonization that, being to the words of the team of lawyers that has assisted Assoporti and the AdSP, parrebbe to be arduous much to reach, at least by Italy. It has been spoken, in fact, of a real Copernican revolution necessary in order to evidently change to the current Italian model of management of the ports, intending in this case that of Copernico as a decline rather than an evolution.

Still more tranchant the opinion than Ugo Patroni Griffi: “the model neither meat neither fish - it has supported - does not work”.

He seems to understand that, or the European judges receive the theses of Italy, or collapse the world. Nevertheless he has not happened not even with Copernico.

We had already understood with the reactions to a our editorial on the “wall against wall” between Italy and EU commission on the taxation of the ports(on 7 December 2020). More than a issue than model of governance, draft of an ideological issue, where for ideology one refers to us to the convictions on the existence of God. From which: ideologies that are immutable.

Whoever writes is convinced that the truth is changing and from europhile, stealing the words to the Zarathustra di Nietzsche, the homelands of the fathers and the grandfathers would invite rather to being outcast from all and to love the earth of the sons.

Bruno Bellio
›››News file
FROM THE HOME PAGE
New historical record of monthly container traffic in the port of Long Beach
Long Beach / Los Angeles
In October, strong growth in Los Angeles climbing activity.
ZIM records excellent quarterly economic performance driven by noli uptick and activity with Latin America
ZIM records excellent quarterly economic performance driven by noli uptick and activity with Latin America
Haifa
The fleet transported a record number of containers
In the third quarter, the Viking cruise group's revenues grew by 11.4% percent.
Los Angeles
Increase of 14.3% of turnover generated by ocean cruises
Signed the final agreement on the contract of port workers
Rome
Italian Antitrust initiates an investigation into SAS (MSC group), Moby and Large Navi Fast
Rome
According to the AGCM, competition restrictions may have occurred as a result of the 49% acquisition of Moby's capital by SAS.
T&E highlights the need to also count the well-to-tank emissions for LNG used by ships
T&E highlights the need to also count the well-to-tank emissions for LNG used by ships
Brussels
Total greenhouse gases produced would be more than 30% higher than those considered by the FuelEU Maritime Regulation
DFDS and Ekol are rethinking and agreeing on the sale of the Turkish company's international network to the Danish group
Copenhagen / Istanbul
Revised the terms of the deal expired on the first November
Slight downturn in freight traffic in the port of Hamburg in the third quarter
Hamburg
Stable container traffic
The Companies inform
Accelleron initiates partnership with Geislinger to expand service business in the Mediterranean region
Cargotec agrees to the sale of MacGregor to funds managed by Triton
Helsinki
Sale of the value of 480 million that is expected to be completed by the first half of 2025
In the July-September quarter freight traffic in the port of Koper increased by 8.3%
Lubiana
In the first nine months of 2024, the increase was 3.2% percent.
Ok of Ukraine's antitrust enforcement at the entrance of MSC in the capital of HHLA terminalist company
Kiev
The company operates the CTO terminal of the port of Odessa
Inaugurated the new Peruvian port of Chancay operated by China's COSCO Shipping Ports
Lima
Has 1,500 linear metres of docks
More than doubling the value of new orders acquired by Fincantieri in the first nine months of 2024
Trieste
The sunshine committed for shipbuilding grew by +154,3 percent.
Established the Ship Recycling Alliance to speed up the recycling of safe and environmentally friendly ships
Copenhagen
The initiative in view of the entry into force on June 26 of the Hong Kong International Convention
Kuehne + Nagel will acquire 51% percent of the capital of American IMC Logistics
Schindellegi / Collierville
US company mainly operates drayage services
In the third quarter of this year, Hapag-Lloyd's revenues grew by 28.2%
In the third quarter of this year, Hapag-Lloyd's revenues grew by 28.2%
Hamburg
Increase of 3.8% of containers carried by the fleet. Average value of nils up 22.9%
In the third quarter freight traffic in the port of Genoa decreased by -4.9% percent while in Savona-I went up by 15.7% percent.
Genoa
Decided increase in transshipment containers determined by the Red Sea crisis. Down the cruises
In the third quarter, HMM revenues increased by 67% thanks to the 83% growth in the container segment
In the third quarter, HMM revenues increased by 67% thanks to the 83% growth in the container segment
Seoul
+116% increase in the value of the average nole per container transported
Evergreen's quarterly financial performance hike
Evergreen's quarterly financial performance hike
Taipei
Taiwanese company invests 186.8 million to buy new shipping containers
In the third quarter, container traffic at the Eurokai port terminals grew by 9.9% percent.
In the third quarter, container traffic at the Eurokai port terminals grew by 9.9% percent.
Hamburg
In Germany (Eurogate) the increase was 13.6% percent. In Italy (Contship Italy) of 6.8%). Slowing growth at Tanger Med. Damietta terminal will become operational in April
Danaos reports a new drop in quarterly revenue generated by fleet of container carriers
Athens
Coustas : With the Trump administration, which has promised new duties, a future reduction in container traffic is possible
In the first ten months of 2024, the traffic of goods in Russian ports decreased by -3.2%
St. Petersburg
The dry goods amounted to 370.8 million tonnes (-3.5%), those liquids at 372.2 million tonnes (-2.9%)
Alpe Adria activates new rail service between the port of Trieste and the Malpensa Intermodal terminal in Sacconago
Trieste
Euroseas order in China the construction of two 4,300-teu feeder container
Athens
Quarterly revenue from rentals inj growth of 5.8%
The Analysis of the Fedespea Studies Centre on economic and operational performance of Italian container terminals
Milan
GNV strengthens its business department with two nominees
Genoa
New business manager and new general manager of the company in Spain
On the former Carbonyl of the Port of Genoa, the yards of the foranea dam and the subport tunnel
Genoa
The AdSP Management Committee deliberated it yesterday.
In Genoa, the Graduation Day of the Italian Academy of Mercantile
Genoa
Delivered 50 diplomas at the end of the biennial and three-year formative course
On November 27 in Rome, the public assembly of UNIPORT will be held
Rome
Meeting on the theme "Italian Ports, a network of businesses in the service of the country and of Europe"
Roberto Nappi, founder and director for 40 years of "Corriere Marittimo", has died.
Genoa
His career had begun at the writing of the Telegraph in 1958
New EU sanctions to prohibit the use of ships and ports for the transportation of drones and missiles produced by Iran
Brussels
Masucci confirmed president of Italian Propeller Clubs
Genoa
New mandate for the three years 2024-2027
The seamen of the Galaxy Leader have been hostage for a year
London / Hong Kong
Platten (ICS) : It is unacceptable ; humanity prevails and they are immediately released
MSC will implement a markup of noli for maritime transport from the Far East to the Mediterranean
Geneva
Increases of 25% and 18% for containers from 20 'and 40' direct in the western Mediterranean and Adriatic
Completed the dual-fuel retrofit of a large container ship in Maersk
Copenhagen
He will be able to navigate methanol. Increased the hold capacity
Environmental authorization of the Region to dredging the quays from 19 to 26 of the port of Ancona
Ancona
The intervention will cost a total of 16.5 million euros.
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Conference of the CNEL on the Sustainability of Maritime Transport
Rome
It will be held on November 27 in Rome
Intermodal shipments between the port of Trieste and Slovakia are growing
Trieste
In the third quarter the container traffic handled by HHLA dropped by -2%
Hamburg
In Trieste the volumes processed by PLT Italy in the first nine months of 2024 have decreased
In October container traffic in the port of Hong Kong grew by 0.7%
Hong Kong
In the first ten months of 2024, a decline of -5.2%
In the July-September quarter freight traffic in the port of Civitavecchia fell by -11.8%
Cyvitavecchia
The Cruserists increased by 2.7%
Last month the port of Singapore handled 3.5 million containers (+ 8.1%)
Singapore
In the first ten months of 2024, growth was 6.2% percent.
MSC has completed the acquisition of the majority of logistics company MVN
Geneva / Milan
The Milanese business plans to close 2024 percent with a turnover of 100 million euros.
Conference of Assiterminal entitled "Ports in Connection-ESG, IA, CSRD"
Genoa
It will be held on December 5 in Rome
In the summer quarter passenger traffic in the cruise terminals of Global Ports Holding grew by 27.5%
Istanbul
Revenue up 23%
SDC freight forwarder introduced artificial intelligence in the management of customs practices
Venice
Annually the practices followed exceed 15mila units
The sale of the shipping company Santandrea from the Pacorini to Aprile
Trieste
The company was founded in 1989 in Trieste
Port of Gioia Tauro, the memorandum of understanding for security in working environments and port operations
Joy Tauro
Will have a duration of three years
PORTS
Italian Ports:
Ancona Genoa Ravenna
Augusta Gioia Tauro Salerno
Bari La Spezia Savona
Brindisi Leghorn Taranto
Cagliari Naples Trapani
Carrara Palermo Trieste
Civitavecchia Piombino Venice
Italian Interports: list World Ports: map
DATABASE
ShipownersShipbuilding and Shiprepairing Yards
ForwardersShip Suppliers
Shipping AgentsTruckers
MEETINGS
Conference of the CNEL on the Sustainability of Maritime Transport
Rome
It will be held on November 27 in Rome
Conference of Assiterminal entitled "Ports in Connection-ESG, IA, CSRD"
Genoa
It will be held on December 5 in Rome
››› Meetings File
PRESS REVIEW
Sudan govt scraps $6bn Red Sea port deal with UAE
(The North Africa Post)
Argentina enfrenta tarifas portuarias hasta 500% más altas que otros países de la región
(Pescare)
››› Press Review File
FORUM of Shipping
and Logistics
Relazione del presidente Nicola Zaccheo
Roma, 18 settembre 2024
››› File
Paola Piraccini appointed as Legal Technical Collaborator of Spininvest
Genoa
Joined in magistrate in 1981, he is a retired cassation adviser
The meeting in Rome between the representatives of Italian ports and ports in Florida
Rome
Expect a comparison to find common themes on which to set up a benchmarking task
This year the Cruserists in the port of Ancona have grown by 18.9%
Ancona
25.1% increase in transits and drop by -5.1% of landings and embarkation
Changed Risso constitutes a joint venture in Cagliari
Cagliari / Genoa
Partnership at 50% with Fausto Saba and Riccardo Vargiu
Ok to the 2025 forecast budget of the AdSP of the Tyrrhenian Sea Centre North
Cyvitavecchia
It presents a surplus of more than 2.5 million euros
In Palermo, the first sheet of the new ferry for the Sicilian region was cut off.
Trieste / Palermo
The delivery of the ship is scheduled for 2026
Global Ship Lease's quarterly revenue records show the first decrease since the end of 2018
Athens
The company believes that its container fleet has very good future prospects of employment
DP World signs an agreement to buy Australian Silk Logistics
Dubai / Melbourne
The expected value of the transaction is approximately 115 million
A worker has passed away in the port of Crotone
Joy Tauro
He would suddenly go down to the ground while talking to some colleagues
Torbianelli : well the ok of CIPESS in financing the future Molo VIII of the port of Trieste
Trieste
Of the estimated 315 million euros, 206.9 are expected by the state
The French state has acquired 80% percent of the capital of Alcatel Submarine Networks
Calais
The company has a fleet of seven posacavi vessels
Eurizon Capital (Intesa Sanpaolo Group) has acquired a majority stake in Germany-based
Milan
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