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24 January 2025 - Year XXIX
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
Container traffic at the Port of Los Angeles grew by 19.3% last year
Los Angeles
In the fourth quarter alone the increase was +21.5%
HMM signs agreement with JNPA to collaborate on development of new Indian port at Vadhvan
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The port will have a container traffic capacity of 23.2 million TEUs
EU customs reform must make trade and business easier
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23 organizations underline this in a joint statement
Launch in Ancona of the luxury cruise ship Four Seasons I
Trieste
Fincantieri to deliver the unit to Four Seasons Yachts at the end of 2025
Launch event in Brussels of the European Maritime Skills Forum
Brussels
In 2024, the port of Tanger Med handled a record traffic of 10.2 million containers
Anjara
New peaks also in other business segments
South Korea's KSOE wins order to build 12 18,000 TEU containerships
Seoul
HD Hyundai Heavy Industries' turnover increased by +21.1% in 2024
Fire breaks out on the Rospo Mare B oil platform off the coast of Vasto
Rome
There were no injuries or traces of pollution in the sea
Galaxy Leader Sailors Freed
London
Today the 25 crew members left Yemen on board a plane
Contract with Russian company that managed Syrian port of Tartous terminated
Damascus
The agreement included investments of 500 million dollars
Brussels OKs DP World-Arcese Automotive Joint Venture
Brussels
Initially, the activity will be carried out in France and Poland
Royal Caribbean orders sixth Edge-class cruise ship at Chantiers de l'Atlantique
Miami/Saint Nazaire
It will be taken over in 2028
Louis E. Sola is the new chairman of the Federal Maritime Commission
In 2024, ship transits through the Suez Canal decreased by -50%
Ismailia
The total was about 13,200 units compared to over 26,400 in 2023
Uiltrasporti urges to restore measures to support rail freight transport
Rome
Definitive cancellation of the 65 million fund from the Budget Law
The Trump unknown also weighs on the Panama Canal
Washington
While the tycoon dreams of taking it over with weapons in hand, a bill proposes to start negotiations with the Panamanian government
FSG bankruptcy trustees announce interest from multiple investors in shipbuilding group
Rendsburg/Flensburg
These are German companies operating in the same sector
Port of Long Beach closes 2024 with new annual, half-year and quarterly container traffic records
Long Beach
Total freight traffic also reached a new historical peak during the year.
The Biden administration's latest move is to accuse China of seeking dominance in the maritime, logistics and shipbuilding sectors
Washington/Beijing
Harsh reaction from Beijing's Ministry of Commerce and the China Shipyards Association
The AdSP of the Central Tyrrhenian Sea confirms the commitments made towards its employees
Naples
The organization hopes "that a climate of relaxation can be restored"
Uniport, exemption from compulsory insurance for vehicles used in port terminals is a good thing
Rome
Hanoi government authorizes initial investment for new port planned by MSC and VMC
Hanoi
Vietnam Port Development Plan to 2030 Approved
Filt, Fit and Uilt announce a resumption of the strike of the workers of the AdSP of the Central Tyrrhenian Sea
Naples
New protest action scheduled to start on February 3rd
Annual container traffic at PSA port terminals exceeds 100 million TEU for the first time
Singapore
Record in both Singapore and overseas terminals
Confitarma calls for the urgent reinstatement of the rule on simplified recruitment of seafarers
Rome
Sisto: Simplification has proven to be an important step forward for the sector
Sharp drop of -17.1% in freight traffic in the port of Taranto in 2024
Taranto
In the last quarter alone the decline was -3.0%
Container traffic in Hong Kong port decreased by -4.9% in 2024
Hong Kong
In the fourth quarter alone, 3.5 million TEUs were handled (-2.7%)
New NATO mission to strengthen protection of undersea infrastructure in the Baltic Sea
Mons
The use of a small fleet of naval drones is also planned
In 2024, the port terminals of China's CMPort handled a record container traffic
Hong Kong
The total was 146.3 million TEU (+6.4%)
Yang Ming also renews service between Western Mediterranean and US East Coast
Keelung
In Italy stopovers in Salerno, La Spezia, Genoa and Vado Ligure
Twelve associations call for agreeing on measures to improve rail capacity management in the EU
Brussels
Genoa Port Terminal, green light for provisional concession until next June 30
Genoa
The Management Committee of the Western Ligurian Sea Port Authority has unanimously decided this
In 2024, passenger traffic managed in Genoa by Stazioni Marittime decreased by -4.4%
Genoa
Ferries stable and cruises down -9.8%. Cruise activity expected to increase in 2025
CMA CGM to remove Livorno calls from Amerigo service, replacing them with calls at Salerno
Marseille
New configuration in line with that of the Ocean Alliance partners
From April, Ocean Alliance ships will call at seven Italian ports, four of which will be visited only by COSCO/OOCL
Shanghai/Hong Kong/Taipei/Marseille
Salerno will enter and Livorno will exit the new configuration of the containerized maritime services network
Leonidsport (Louis-Dreyfus family) submits offer to acquire 21% of Thessaloniki Port Authority
Athens
The expected investment is up to approximately 57 million euros
MSC presents a new request for the management of cruise traffic in Ancona which includes the construction of a maritime station
Ancona
The duration of the proposed concession is 35 years.
In 2024, the growth of general cargo in the port of La Spezia more than offset the decline in bulk cargo
The Spice
In the port of Marina di Carrara the annual traffic decreased by -0.4%
Proposal by 47 governments, the EU Commission and ICS for the creation of an IMO fund for the decarbonisation of shipping
London
It could come into force in early 2027
Rolls-Royce wins record contract for Royal Navy submarine fleet
London
Eight-year, £9bn contract
Transported, the DURC in road transport is used to avoid paying for services
Rome
The rules - the association denounces - are openly violated by the clients
Kombiverkehr restores rail link between Lübeck port and Verona
Frankfurt am Main
Schedule two departures per week in both directions
AD Ports signs deal to build logistics park at Alexandria Port
Cairo
The business will be developed with the Holding Company for Maritime and Land Transport
The Panama Canal is and will continue to be Panamanian
Davos
This was underlined by the president of the Central American nation, José Raúl Mulino
Autamarocchi acquires control of Dissegna Logistics
Trieste
The Rossano Veneto company operates in the intermodal transport sector
Rubboli (Assologistica): Italian ports need more efficient and coordinated governance
Milan
Port of Ravenna, incentives for the purchase of "green" port vehicles
Ravenna
Maximum ceiling of 300,000 euros for each beneficiary
20% of Omani Asyad Shipping Company's capital up for sale
Muscat
Listing on Muscat Stock Exchange expected
Order to Circle for the management of data relating to rail and intermodal traffic of a port
Milan
ANSFISA adopts guidelines for the assessment and risk management of the rail transport of dangerous goods
Rome
Over 217 kilos of cocaine seized in the port of Livorno
Leghorn
They were hidden in a container containing wood from South America
Merlo leaves the presidency of Federlogistica to Davide Falteri
Rome
Logistics - he underlined - is one of the drivers of the national economic system
Germany is studying a network of floating terminals for the import of clean hydrogen
Berlin
Memorandum of understanding signed by SEFE and Höegh Evi
The executive design service for the reclamation of the Molo Italia seabed in La Spezia has been awarded
The Spice
Fratelli Cosulich orders fourth methanol-ready unit
Genoa
It will be built by Taizhou Maple Leaf Shipbuilding
In Spain, a logistics network for rail transport of biofuel to ports is being studied
Madrid
Agreement between Adif and the Exolum Group
MSC Interested in Starting Shipbuilding and Repair Business in India
Gurgaon
Comparison with the naval engineering company Swan Defence And Heavy Industries
Luka Koper has ordered four new rubber-tyred gantry cranes from Konecranes
Coper
They will be the first vehicles powered exclusively by electricity at the Slovenian airport
LNG and bio-LNG bunkering vessel arriving at the port of Genoa
Genoa
It will be able to provide both "ship-to-ship" and "ship-to-truck" services
Last year, cargo traffic in Russian ports decreased by -2.3%
St. Petersburg
The largest volume of cargo, exports, fell by -1.9%
Höegh Autoliners secures two multi-year contracts for car transport
Oslo
Agreements with two car manufacturers with which it has been collaborating for years
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Malta sees record cruise traffic in 2024
Florian
357 ships docked for a total of over 940 thousand passengers
Cavotec to provide electrification systems and technologies for Italian ports
Lugano
Three orders worth a total of seven million euros acquired
Pirate attacks on ships decreased by -3% last year
London
In the last quarter, an increase of +76% was recorded
COSCO Shipping Ports Sets New Annual and Quarterly Container Traffic Records
Hong Kong
In the whole of 2024, 111.9 million TEUs were handled (+5.7%)
Alberto Maestrini (VARD) elected President of SEA Europe
Brussels
The association represents the European shipbuilding industry
Molo Brin areas in Olbia handed over to Quay Royal
Construction of a marina for mega yachts is planned
Port of Singapore Sets New Container and Non-Oil Bulk Records in 2024
Singapore
The Asian port handled a total of 622.7 million tonnes of goods (+5.2%)
The Italian Maritime Academy Technologies has acquired a new technical headquarters
Castel Volturno
Includes a 37-meter, 100-ton command bridge with 1:1 scale operating environments
A huge load of 110 kilograms of cocaine seized in the port of Gioia Tauro
Reggio Calabria
If placed on the market, it could have earned criminal organizations 20 million euros
Unifeeder triples its market share of intra-Mediterranean container services
Dubai
Fincantieri Completes Acquisition of Leonardo's Underwater UAS Business
Trieste
The 287 million euro fixed component of the purchase price was paid today
Wallenius Wilhelmsen to operate ro-ro terminal at Port of Gothenburg
Oslo/Gothenburg
12-year concession contract
The Bulgarian Shipowners' Association has joined the European Community Shipowners' Associations
Brussels
BSA is the twenty-second member of the European Shipowners' Association
Strike by Central Tyrrhenian Sea Port Authority staff suspended
Naples
The meeting between the unions and the general secretary of the port authority was a success
Mercitalia Rail begins rail transport from Reggio Calabria of trains for the Milan Metro
Reggio Calabria
They are approximately 106 metres long and weigh over 180 tonnes.
PSA Venice - Vecon achieves gender equality certification
Genoa
It is the first Italian container terminal to obtain the certification
Maria Teresa Di Matteo, head of the Department for Transport and Navigation, has passed away
Rome/Gioia Tauro
Mattioli: it was an important point of reference for the entire Italian maritime cluster
Green logistics, the Northern Tyrrhenian Sea Port Authority extends the deadline for the tender
Leghorn
It awards non-repayable grants up to a maximum amount of 300,000 euros
Medcenter Container Terminal orders 20 new hybrid struddle carriers from Kalmar
Helsinki
They will be delivered within the first quarter of 2026
The intermodal service connecting the Italian terminal of Melzo with the Dutch one of Moerdijk has started
Melzo
Three weekly circulations operated, which will increase to four from April
COSCO expects to close 2024 with +95% growth in net profit
Shanghai
EBIT expected at 69.9 billion yuan (+90.7%)
Catania-based F.lli Di Martino has acquired 160 new loading units produced by Piedmont-based SICOM
Cherasco
This year the Cherasco company celebrates 50 years since its foundation
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
The annual assembly of Federlogistica will be held in Rome on January 21st
Rome
The theme is: "Intelligent Logistics. If Artificial Intelligence Breaks Into the World of Logistics"
A conference on the implications of geopolitical crises for ports and maritime transport in Venice on Thursday
Venice
It is organized by Ca' Foscari University and the AdSP of the Northern Adriatic
››› Meetings File
PRESS REVIEW
Kuwait approves Chinese company for port operations
(AGBI - Arabian Gulf Business Insight)
Iran signs over $1.8b investment contracts with private sector for ports development
(Tehran Times)
››› Press Review File
FORUM of Shipping
and Logistics
Relazione del presidente Nicola Zaccheo
Roma, 18 settembre 2024
››› File
Uiltrasporti Campania accuses the heads of the AdSP of the Central Tyrrhenian Sea of having assumed a provocative and totally closed attitude
Naples
Attempt - the union denounces - to downplay the real reasons for the strike
Medlog signs partnership agreement to build dry port and logistics area in Egypt
Cairo
The affected area is approximately 102 hectares
In the last quarter of 2024, OOCL revenues grew by +55.0%
Hong Kong
Containers transported by the fleet increased by +6.1%
Filt Cgil urges to throw away the Antitrust Authority's proposal on port work
Rome
D'Alessio: the AGCM has not at all analyzed the real dangers for the integrity of the principle of competition
Strong annual revenue growth for Evergreen, Yang Ming and WHL companies
Taipei/Keelung
Revenue growth also accentuated in the fourth quarter of 2024 alone
Industrial reconversion works to begin soon at the "ex Yard Belleli" site in the port of Taranto
Taranto
The intervention has a value of 135.3 million euros
The Northern Tyrrhenian Sea is the first AdSP to equip itself with the Anti-Violence Strategic Plan
Leghorn
The aim is to prevent discriminatory and violent phenomena within the institution.
Greek Navarino Acquires Dutch Castor Marine
London
Both companies develop information technology and communication solutions for the maritime sector
The annual assembly of Federlogistica will be held in Rome on January 21st
Rome
The theme is: "Intelligent Logistics. If Artificial Intelligence Breaks Into the World of Logistics"
Trade mission in Vietnam by Spediporto, AdSP and Municipality of Genoa
Genoa
Meetings scheduled in Ho Chi Minh City and Danang
In 2024 Interporto Padova recorded a record intermodal traffic of almost 412 thousand TEU (+6.5%)
Padua
Tender for the development of cruise activities in the Greek ports of Katakolon, Patras and Kavala
Athens
The issuing of concessions with a minimum duration of 30 years is foreseen
Commander Emanuele Bergamini is the new president of USCLAC
Genoa
Gianni Badino was elected president of the USCLAC-UNCDiM-SMACD unitary union
The electrification of four moorings in the ports of Bari and Brindisi has begun
Bari
Contract worth over 28 million euros
Circle has been awarded the tender for the digitalisation services of the Eastern Adriatic Port Authority
Milan
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