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24 February 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
ICS satisfied with ISWG-GHG's progress towards decarbonisation of shipping, even if not definitive
London
Platten: Much work still needs to be done urgently by MEPC meeting in April
In the second half of 2024, freight traffic in the port of Venice grew by +15.3%
Venice
In the whole year, cruise passengers were 548 thousand (+7.8%)
In the last quarter of 2024, freight traffic in the port of Rotterdam decreased by -2%
Rotterdam
A decrease of -0.7% was recorded for the whole year.
HMM in talks to acquire compatriot SK Shipping
Seoul
The transaction would be valued at close to $1.4 billion
Clean Maritime Fuels Platform suggests actions needed to make clean fuels available for shipping
Brussels
The AdSP will become the sole manager of railway shunting in the port of Ravenna
Ravenna
Extraordinary maintenance and investments in new infrastructure will remain the responsibility of RFI
Cargill and Hafnia joint venture in marine fuel supply
Singapore
Seascale Energy formed
Coast Guard authorizes use of batteries on board Italian flagged ships
Rome
Adopted a risk assessment approach using EMSA guidelines
Joint venture between Marsa Maroc and TIL (MSC group) for the management of the eastern container terminal of the port of Nador West Med
Casablanca
50% of the capital plus one share will be held by the African company
Shipping, lack of services and costs for goods checks give a bad reputation to the port of Genoa
Genoa
Botta: wasting time and money on various checks, not having certainty on the times of exit of the goods from the ports makes the situation unsustainable
In 2024, freight traffic in the port of Barcelona grew by +8.7%
Barcelona
Sharp increase (+12.4%) in containerized cargo. In the last quarter alone, total traffic increased by +1.2%
In the second quarter of 2024, freight traffic in European ports began to grow again
Luxembourg
The main types of cargo are increasing with the exception of solid bulk. Sharp increase in volumes in Italian ports
Positive annual economic results for the HHLA terminal group
Hamburg
Last year, container traffic handled by port terminals grew by +0.9%
788 kg of cocaine seized in the port of Gioia Tauro
Reggio Calabria/Gioia Tauro
The AdSP protests against the downgrading of the local Customs office implemented at the same time as a significant increase in its functions
GNV to take delivery of last two of four ro-pax vessels ordered 11 months early
Palermo
Catani: modernization of port infrastructures, adoption of cold ironing and development of a LNG distribution network are necessary
Le Aziende informanoSponsored Article
ABB Ability™ Marine Remote Diagnostic System
Always on board with you
Maersk and Cochin Shipyard Partner Under Indian Government's Shipping Incentive Program
Mumbai
The first repair of a Danish group ship at the Indian plant during 2025
Federagenti, speed up dredging by using waste material in port facilities
Rome
Pessina: the case of La Spezia and Genoa can provide an immediate and effective solution
Contract awarded to Maestral (Fincantieri - EDGE) for the management of the fleet of the United Arab Emirates Navy
Abu Dhabi/Trieste
The order is worth 500 million euros
T&E, remove deforestation-related biofuels from shipping decarbonization strategy and limit those produced from food crops
Brussels
Dijkstra: IMO should consider climate impact of ‘bad’ biofuels
ICS confident about outcome of next week's IMO meeting on decarbonisation of shipping
In 2024, freight traffic in the port of Genoa fell by -1% while in Savona-Vado it grew by +7%
Genoa
Cruise passengers down by -11%
Last year traffic in the port of Koper increased by +3.0%
Ljubljana
Containerized goods were over 9.4 million tons (+5.6%)
Assarmatori, the ok to the recruitment of crew members by the ship's commander is good
Rome
Messina: We ask that the measure becomes structural
In 2024, the port terminals of the Moroccan Marsa Maroc handled a record volume of goods
Casablanca
Historic peak of containers with 2,898,779 teu (+13)
ECSA, A4E and T&E urge EU Commission to promote clean fuels for maritime and aviation
Brussels
Raptis: We need huge investments, certainties and simplification of access to public and private funding
Kalmar's annual business and economic results decline
Helsinki
Sharp increase in new orders in the last quarter of 2024
In the fourth quarter of 2024, ship traffic in the Suez Canal decreased by -53.5%
Cairo
Tankers fell by -42.9% and other types of vessels by -58.1%.
Evergreen Invests Nearly $3 Billion in 11 New 24,000-TEU Containerships
Taipei/Keelung
Taiwan's three major container shipping companies continue to grow in revenue
Confitarma, the current regulatory framework for port towing services is more than fine
Rome
Ministerial circular of 19 March 2019 fully suitable for managing tenders
Last year, cargo traffic in Croatian ports decreased by -10.1%.
Zagreb
Record number of line passengers and cruise passengers
MSC Reorganizes Two Transatlantic Services Between Mediterranean and US East Coast
Geneva
Nine-day transit time between the port of Genoa and that of New York
Danaos Corporation revenues surpass $1 billion for the first time in 2024
Athens
Annual net profit decreased by -8.0%
Ro-ro traffic and regional routes increasingly important for the development of the port of Ancona
Ancona
Research presented on the potential of the Marche port
HMM revenues grew by +39% in 2024
Seoul
In the fourth quarter alone the increase was +53%
AP Moller Capital - Bergé y Compañía Agreement to Invest in the Port Sector in Spain and Latin America
Kongens Lyngby/Madrid
Investments through a separately managed fund supported by the Danish company
HHLA signs collective bargaining agreement with ver.di
Hamburg
The union had opposed the transfer of shares of the company's capital to MSC
The Northern Tyrrhenian Sea Port Authority suspends Istat variations on concession fees
Leghorn
Maestripieri (CISL Liguria): the ports of Genoa and Savona-Vado need a president
Genoa
The airports - he denounced - are forced to operate in an absolute emergency regime
Nova Marine Carriers, Aug. Bolten and Ership Acquire Maja Stuwadoors Groep
Lugano
The Dutch company operates a bulk terminal in the port of Amsterdam
In 2024, container traffic in the port of Algeciras decreased by -0.5%
Algeciras/Valencia
The negative trend continued last month
Confitarma, maintenance of the simplified procedure for the enlistment of seafarers is a good thing
Rome
Neapolitan journalist Bianca D'Antonio dies at 83
Naples
Point of reference for courtesy and professionalism also for the shipping sector
The AdSP of the Eastern Ligurian Sea has joined the National Observatory for the Protection of the Sea
Rome
The organization promotes the valorization of the sea resource
Tomorrow in Naples a conference of studies on the fight against illicit trafficking by sea
Naples
It will be held at the University of "Parthenope"
Port of Los Angeles Hits New Container Traffic Peak for January
Los Angeles
Port of Livorno, in 2024 rail traffic grew by +10.4%
Leghorn
Rail share of freight volumes moved rose to 19%
Contract for the immersion in the Ancona reclamation basin of the dredging sediments of the ports of Fano and Numana
Ancona
Federlogistica, the closure of the Busalla motorway toll booth could put logistics in crisis in the North West
Genoa
Last year, cargo traffic in Montenegrin ports increased by +2.2%
Podgorica
Passengers increased by +16.1%
Investments of 1.4 billion euros for the development of the Logistics Hub of the FS Italiane group
Rome
Investments for new physical and digital assets are foreseen in the 2025-2029 Strategic Plan
Grimaldi Group extends its maritime network to India
Naples
On February 20th the first call at the port of Mumbai with the PCTC "Grande California"
One million euros for the reduction of the amount of anchorage fees in the port of Gioia Tauro
Joy Taurus
Ok to the expansion of the Automar car terminal
The AdSP of Eastern Liguria agrees on the need for buffer areas for the ports of La Spezia and Marina di Carrara
The Spice
Areas identified by the body near the port and hinterland of Santo Stefano di Magra
Conference "Iron-Rubber-Water: Intermodality and the Port of Genoa"
Genoa
It will be held on Friday at the Maritime Station of Genoa
Fratelli Cosulich has acquired a controlling stake of 62% of the capital of Femo Bunker
Genoa
It has an annual turnover of over 70 million euros
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Nola Interport, in 2024 intermodal traffic grew by +18%
Nola
Road freight traffic stable
MSC Cruises' new cruise terminal in the port of Barcelona has become operational
Barcelona
It will be officially inaugurated in the next few months
In January, the port of Singapore handled 3.5 million containers (+5.8%)
Singapore/HongKong
Container traffic in the port of Hong Kong decreased by -10.5%
The "mole" for the Bisagno torrent spillway tunnel has arrived in the port of Genoa
Genoa
It is composed of three main pieces of 196 tons
Port of Long Beach Continues to See Exceptional Container Traffic Growth
Long Beach
In January, 953 thousand were moved (+41.4%)
Mercitalia Intermodal reaches agreement with PJM for the digitalization of 600 intermodal wagons
Rome
Between 2025 and 2027 they will be equipped with the Austrian company's WaggonTracker digital system
Tomorrow CMA CGM will activate a new service between Italy, Spain and Egypt
Marseille
Reorganization of the Bora Med Service line with the inclusion of stopovers in Syria
Assoporti at the Fruit Logistica fair in support of the Italian fruit and vegetable sector
Rome
Record export value of 6.1 billion euros in 2024
Cargo traffic in Russian ports fell by -1.6% in January
St. Petersburg
Only import loads are growing
First Newbuild Container Ship Owned by ONE Christened
Singapore
It has a capacity of approximately 13,800 TEUs
Call for proposals for the enhancement of the Tuscan Port Community System
Leghorn
Paroli: the TPCS is used profitably not only by our AdSP, but also by those of Naples, Venice and Cagliari
D'Angelo (ANSI): Necessary steps forward also in cybersecurity for the port sector
Rome
Threats can paralyze a highly strategic component for the Country System
UBV Group buys International Services and Logistics Nardi
Milan
The Milanese company has been operating in the shipping and integrated logistics sector since 1949
New logistics area in the Milanese hinterland
London/Milan
Joint venture between SFO Capital Partners, Edmond de Rothschild REIM and GARBE
In 2024, container traffic in the port of Valencia increased by +14.1%
Valencia
Strong growth in transhipment (+18.8%)
Dutch Raben Group has acquired fellow Dutch DGO Express
Milan
The company provides road groupage transport and logistics services
Musso (Grendi group): escaping from Genoa? For us it was a stroke of luck
Genoa
Among the initiatives planned for 2025, the relaunch of the container port of Cagliari
This year the association of Genoese maritime agents celebrates its eightieth anniversary
Genoa
A series of celebratory events are planned
MPC Capital Acquires 50% Stake in Fellow City BestShip
Hamburg
The Hamburg company currently offers services to around 450 vessels
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
Tomorrow in Naples a conference of studies on the fight against illicit trafficking by sea
Naples
It will be held at the University of "Parthenope"
In Ancona the conference "The port as a strategic development hub for the territory"
Ancona
It is scheduled for February 11th
››› Meetings File
PRESS REVIEW
Türkiye's largest shipping company moves to Greece, while tourism giant exits
(Türkiye Today)
Billions lost at sea: over-reliance on foreign shipping drains economy
(The News International, Pakistan)
››› Press Review File
FORUM of Shipping
and Logistics
Relazione del presidente Nicola Zaccheo
Roma, 18 settembre 2024
››› File
Port of Chioggia, the call for tenders for the assignment of temporary port work service has been published
Venice
The optimal operational staff of the authorized company is set at 20 units
Hyundai Mipo Orders Four LNG Bunker Vessels
Ulsan/Tokyo/Oslo
Yara to lease new ammonia carrier from NYK
In Ancona the conference "The port as a strategic development hub for the territory"
Ancona
It is scheduled for February 11th
Improvement in the final part of the year is not enough for Eimskip to close 2024 positively
Reykjavik
Container traffic at HPH Trust terminals grew by +4.8% last year
Singapore
Revenues up +8.8%
Konecranes posts record annual and quarterly revenues
Helsinki
In 2024, the value of new orders fell by -3.9%
AD Ports - CMA Terminals Agreement to Manage New Multipurpose Terminal at the Port of Pointe-Noire
The Sustainable Intermodality Logistics Association renews its technical commissions
Rome
Francesca Fiorini confirmed as general secretary. 30 new members welcomed
Tarros activates a new rail link between the port of La Spezia and the Interporto of Padua
The Spice
The frequency is weekly
CMA CGM to continue operating container terminal at Syrian port of Latakia
Beirut
New contract with the General Authority for Land and Sea Ports
Costamare posts record annual and quarterly revenues
Monk
Last year, turnover increased by +37.9%
Fatal accident in the ship repair area of the port of Genoa
Genoa
Immediate strike by workers in the sector
The work on electrifying the docks of La Spezia is proceeding rapidly
The Spice
Federlogistica calls for temporary suspension of measure on new classification criteria for customs offices
Wärtsilä closes 2024 with record financial and commercial results
Helsinki
The value of new orders acquired in the year grew by +14%
DSV Group revenues increased in 2024, but not profits
Hedehouse
Air and sea shipments handled by the Danish company increased by +7.1% and +6.6%
Approved for the concession for the automotive terminal of Vezzani in Porto Marghera
Venice
25-year contract
Port of Ravenna, estimated growth of +12.9% of traffic in January
Ravenna
Over 1.9 million tons of goods moved
Container traffic in the port of Gioia Tauro increased by +12.5% in January
Joy Taurus
347,917 TEUs were handled
The Interporto of Jesi is part of the Unione Interporti Riuniti
Rome
The terminals of Melzo and Rubiera are new aggregate partners of the association
Cisl FP Liguria, the downgrading of the Customs offices of Genoa, La Spezia and Savona is absolutely unjustified
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