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01 July 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
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Multipurpose terminals privatized in eight Saudi ports
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Public debate launched on the project for Pier VIII in the port of Trieste
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Israel-Iran conflict prompts Maersk to suspend calls at Haifa port
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Northern European Nations Commitment to Counter Russian Shadow Fleet
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Freight traffic in French ports stable in the first quarter of 2025
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Cognolato (Assiterminal): Today more than ever we need a coherent port policy
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Alessandro Pitto confirmed as president of Fedespedi
Milan
The Board of Directors, the Board of Arbiters and the Board of Auditors have been renewed
A protest action by Greek seafarers is heated, with the PENEN and PNO unions launching very serious accusations, including mutual ones
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The strike, declared illegal by the courts, blocks some ships of the Attica group in the port of Patras
Saipem awarded contract for a phosphate mining project in Algeria that includes the upgrading of the port of Annaba
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Suez Canal celebrates return of large-capacity containership transits
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Ismailia
Today it was crossed by the vessel "CMA CGM Osiris" which can carry 15,536 teu
IMO, ILO, ICS and ITF urge protection of seafarers' rights against unjust criminalisation
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The "Guidelines on the Fair Treatment of Seafarers Detained in Relation to Alleged Offences" were adopted in April
Trump's new tariffs also hit container traffic at the Port of Long Beach
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Transfer of the port of Carrara from the Ligurian to the Tuscan AdSP not without a discussion with the operators
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Dario Perioli, FHP, Grendi and Tarros ask for it
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Port of Los Angeles Feels Impact of New Tariffs on Container Traffic
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Assagenti proposes a task force to solve port, logistics and industrial problems
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Bruno Pisano appointed extraordinary commissioner of the AdSP of the Eastern Ligurian Sea
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Ancona
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Fincantieri has delivered the new cruise ship Viking Vesta to the American Viking
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The Genoa Coast Guard has placed the container ship PL Germany under administrative detention
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SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
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"Sorry, We Subcontracted You" Report Presented
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"Grendi Star", with a load capacity of 2,800 linear meters, will connect Marina di Carrara and Cagliari
FREMM frigates operational support contract signed between Orizzonte Sistemi Navali and OCCAR
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The agreement has a total value of approximately 764 million euros
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Seven proposals presented
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Reggio Calabria
Two dockers arrested
Port of Livorno, new observatory to find solutions to the problem of port congestion
Leghorn
Marilli: We will seek solutions to reach the possible revocation of the port fee
Lockton PL Ferrari closed the last fiscal year with gross revenues of 34 million dollars
Genoa
Insurance premium volume rose to 350 million
Polish Trans Polonia Group acquires Dutch Nijman/Zeetank Holding
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d'Amico Tankers Sells Two 2011-Built Tankers for $36.2 Million
Luxembourg
They will be delivered to buyers by the end of July and on December 21st.
The Italian Merchant Marine Academy plans 13 new free courses
Genoa
Over 300 positions available
A delegation of Wista Italy visits the ports of Catania and Augusta
Catania/August
The association is made up of women who hold positions of responsibility in the maritime, logistics and trade sectors.
In the first five months of 2025, the port of Algeciras handled 1.9 million containers (-6.3%)
Algeciras
Empty containers decreased by -5.5% and full ones by -6.4%
Reway Group enters the port railway infrastructure maintenance sector
Licciana Nardi
Two contracts awarded by the AdSP of the Eastern Ligurian Sea
Delcomar and Ensamar take over maritime services with the smaller Sardinian islands
Cagliari
The tender for the six-year concession of the connections has been awarded
Port of Trieste, the newly appointed Gurrieri torpedoes the newly appointed Torbianelli
Trieste
Russo (Pd): it's a squalid power game
Singapore's SeaLead expands its maritime shipping offering to connect Turkey and Italy
Singapore
Route connected to services transiting the Suez Canal
The US Container Security Initiative program has been extended to Morocco
Rabat
Amrani: Let's consolidate Tanger Med's role as a safe and world-class maritime hub
Very positive first quarter for Greek Euroseas
Athens
Pittas: the positive momentum continued in the second quarter
Assonat and SACE present a plan for Italian tourist ports
Rome
Kuehne+Nagel has opened a new branch in Naples
Milan
The aim is to support the operational growth of the group in Southern Italy
RINA has acquired the entire capital of Finnish Foreship
Helsinki
The Helsinki-based company specializes in consulting in the field of marine and mechanical engineering.
Container traffic down at Barcelona and Valencia ports in May
Barcelona/Valencia
Resumption of containers in transit at the Catalan port
Annual cargo traffic in Greek ports stable in 2024
Piraeus
Domestic volumes are growing, while foreign trade is decreasing
Perplexity of freight forwarders, customs agents and maritime agents of La Spezia at the transfer of the port of Carrara to the Tuscan AdSP
The Spice
Timidly, they "hope for consideration for the progress made so far"
Francesco Mastro appointed extraordinary commissioner of the Southern Adriatic Sea Port Authority
Rome
He will take up office on June 30th.
John Denholm to be new president of the International Chamber of Shipping
Athens
He will take over from Emanuele Grimaldi in a year
Extraordinary commissioners of the two Ligurian Port System Authorities have been installed
Genoa/La Spezia
Matteo Paroli and Bruno Pisano at the helm of the institutions
Container traffic at Hong Kong port drops sharply in May
Hong Kong
1.05 million TEUs were handled (-12.7%)
Assogasliquidi-Federchimica shows the way to accelerate the decarbonization of road and maritime transport
Rome
Amadei: Our sector is ready and the time has come for courageous industrial choices
Eagle S tanker command blamed for cutting submarine cables in Gulf of Finland
Advantages
The accident was caused by the ship's anchor
Online platform to report critical issues that put transport workers at risk
Genoa
It was prepared by Fit Cisl Liguria
GNV to create a direct summer connection between Civitavecchia and Tunis
Genoa
It will run alongside the historic route via Palermo
The unification of Grimaldi's concessions in the port of Barcelona has been completed
Madrid/Barcelona
The contract expires on September 20, 2035.
In the first five months of 2025, cargo traffic in Russian ports fell by -4.9%
St. Petersburg
A decrease of approximately -12% was recorded in May
Raben Logistics Group Creates Subsidiary in Türkiye
Milan
It will have 20 employees and a 2,000 square meter cross-dock warehouse
Alberto Dellepiane confirmed as president of Assorimorchiatori
Rome
The composition of the entire association leadership remains unchanged
Agreement between Fincantieri and Indonesian PMM to develop solutions to face new unconventional underwater challenges
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 Assarmatori assembly will be held in Rome on July 1st
Rome
"Mediterranean against the current" the theme of the meeting
The public meeting of the International Containers Studies Center will be held in Genoa on July 2nd
Genoa
››› Meetings File
PRESS REVIEW
US has its eye on Greek ports
(Kathimerini)
Proposed 30% increase for port tariffs to be in phases, says Loke
(Free Malaysia Today)
››› Press Review File
FORUM of Shipping
and Logistics
Intervento del presidente Tomaso Cognolato
Roma, 19 giugno 2025
››› File
Structural adaptation works on dock 23 of the port of Ancona awarded
Ancona
Intervention worth over 11.8 million euros
Conference on the role of LNG and bioLNG for the decarbonisation of transport and industry
Rome
The Federchimica-Assogasliquidi event will take place on Monday in Rome
Dutch Bolidt increases presence in cruise ship sector with acquisition of American Boteka
Hendrik Ido Ambacht
Contship Italia has acquired the Genoese customs services company STS
Melzo
The Ligurian company was founded in 1985
Francesco Benevolo has been appointed extraordinary commissioner of the AdSP of the Central-Northern Adriatic Sea
Rome
He is the operations director of RAM - Logistics, Infrastructure and Transport
Montaresi resigns as commissioner of the Eastern Ligurian Port Authority
The Spice
In the eight months of administration - he underlines - we have not lost even a second
Gurrieri has been appointed extraordinary commissioner of the AdSP of the Eastern Adriatic Sea
Trieste
Pending the completion of the formal process for the designation of the president
The commissioners of the AdSP of Western Liguria have handed over their mandate to Minister Salvini
Genoa
The decision is part of the process of designation and nomination of the new leaders
Confetra criticizes the provisions of the decree-law Infrastructure for road transport
Rome
The Confederation urges the blocking of the process of appointing the presidents of the port authorities
Taiwanese Evergreen, Yang Ming and WHL saw revenue decline in May
Keelung/Taipei
The decline is accentuated for the two main companies
South Korea's KSOE wins order to build eight 15,900 TEU containerships
Seongnam
The unit value of each vessel is approximately $221 million.
First port terminal for car traffic of Greek Neptune Lines
Piraeus
It will be inaugurated next year in the French port of Port-La Nouvelle
The assembly of the association of Genoese maritime agents and brokers will be held on June 16th
Genoa
Round Table on Genoa, the hub of the North West and the Mediterranean
BN di Navigazione Board of Directors Renewed
Genoa
BluNavy aims to reach one million passengers by 2025
Viking Line designs world's largest all-electric ro-pax vessel
Viking Line designs world's largest all-electric ro-pax vessel
Åland
Record Monthly Container Traffic at Turkish Ports
Ankara
In May, almost 1.4 million TEUs were handled (+17.6%)
Sergio Landolfi has been elected president of the Customs Association of the Port of La Spezia
The Spice
The board of directors has been renewed
The ferry industry elite will attend the Interferry conference in Salerno in October
Victoria
Event titled "Connections"
Uniport launches an initiative to support ALS research
Rome
Fundraising for the NeMO Clinical Center Serena Foundation Onlus
The Propeller Club of Genoa has analyzed risks and opportunities of using AI in the maritime and insurance sectors
Genoa
The importance of training in the use of technology was highlighted
Chantiers de l'Atlantique delivers luxury cruising yacht Luminara to The Ritz-Carlton Yacht Collection
Saint Nazaire
The ship will debut in Alaska
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