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04 April 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
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GNV ships will call at Algerian ports for the first time
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Boluda Towage and Marsa Maroc to operate towage services in the new port of Nador West Med
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Guerrieri appointed extraordinary commissioner of the Northern Tyrrhenian Sea Port Authority
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APM Terminals buys the Panama Canal Railway Company
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Expression of interest for the reconversion and reindustrialization of the former coal power plant area
Kuehne+Nagel to handle spare parts logistics for Changan electric cars in the European market
Schindellegi
Agreement with the Chinese car manufacturer
A.P. Møller Holding submits offer to acquire entire share capital of towing company Svitzer
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Public interest declared for MSC, Neri and Lorenzini's project for a new container terminal in Livorno
Slight annual growth in freight traffic in Italian ports driven by containers
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In the container segment, the strong increase in transhipments offset the decline in imports and exports
Turkey's Desan Shipyard in talks to take over Mangalia shipyard
Bucharest
The Tuzla plant is much smaller than the Romanian one
Six international shipping associations present a guide to planning safe navigation
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TUI awards Fincantieri contract for two new cruise ships for Marella Cruises
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ESPO urges EU and Member States to allocate funds to decarbonise ships and ports
Brussels
Earmarking Innovation Fund proceeds to stimulate demand for clean marine fuels
China Antitrust Launches Investigation into Hutchison Ports' Panama Terminal Sale
Beijing/Hong Kong
Panama Ports Company operates the Balboa and Cristobal ports
PSA posts annual revenue growth, but profits fall
Singapore
Sharp increase in operating costs across the board
Temporary Port Labor Supply Company in Cagliari Extended for Another 18 Months
Cagliari
In 2024, cargo traffic in Chinese seaports grew by +3.5%
Beijing
Increase of +6.9% in traffic with foreign countries. In the first two months of 2025, 1.75 billion tons were moved (+1.6%)
Chinese container maker CIMC posts bumper 2024
Hong Kong
Almost 3.6 million containers sold (+372%). Record revenues
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In February, freight traffic in the port of Genoa fell by -4.4% and in Savona-Vado it increased by +24.5%
Genoa
Cruise and ferry passenger decline
ICS, Trump's proposed measures against Chinese ships risk having significant unwanted consequences, even for the US
Washington
Strong opposition to their introduction also expressed by the WSC
Intercargo, international measures for decarbonisation of shipping must be simple and clear
London
Gkonis: Must not compromise operational efficiency and smooth global transport of essential goods
Port of Barcelona invests 124 million to develop sustainable fuel traffic
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Construction of three new moorings at Moll de l'Energia
In 2024, freight traffic in the port of Catania began to grow again. A decline in Augusta
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Augusta
A total of 7.9 million and 23.0 million tons of cargo were handled
In 2024, the terminal operator HHLA recorded record revenues with a growth of +10.5%
Hamburg
Profit after taxes amounted to 56.4 million euros (+33.1%)
Launch of a public consultation for the updating of the PRPs of the ports of Genoa and Savona-Vado
Genoa
The involvement of territorial, economic and social communities is foreseen
ITU, ICAO and IMO highlight risks to maritime and air transport caused by attacks on satellite communications
Geneva/Montreal/London
London Government presents its strategy for decarbonising maritime transport
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The measures for ports will be defined after a public consultation that will take place in the coming months
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London
TUI in talks with shipyards for two new cruise ships for Marella
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ANESCO, with the Port Employment Centers, accidents have decreased in the three main Spanish ports
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67% reduction in lost work days per year
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Unions ask port authority to block proliferation of new economic entities
Last year Fincantieri recorded record revenues and new orders
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Trieste
Folgiero: the first fruits of our strategy and industrial vision have been harvested
COSCO Shipping Holdings revenue increased by +44.8% in the fourth quarter of 2024
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In the period, the container ships of the Chinese group's fleet transported 6.9 million TEUs (+13.1%). Containers on the Asia-Europe/Med routes fell
Porto Marghera, renewal of concession to Terminal Rinfuse Venezia
Venice
New 25-year contract. Investments of over 53 million euros expected
In the last quarter of 2024, container traffic alone increased in French ports
Paris
In the whole year, containers amounted to over 5.3 million TEU (+11.5%)
Carnival Sets New Low Season Quarter Records December-February
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CK Hutchison's Port Division revenues grew by 10.8% last year
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Port of Genoa, Ente Bacini requests new spaces and renewal of the concession
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Genoa
VARD to build offshore dive vessel for Dong Fang Offshore
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MSC Group Cruise Terminal Officially Inaugurated in the Port of Barcelona
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SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Over a million to the port companies of Livorno and Piombino to acquire green vehicles
Leghorn
The ranking for admission to the PNRR-Next Gen Eu contributions has been published
COSCO Shipping Development Co.'s container sales increased by +204.1% in 2024
Shanghai
The related turnover increased by +124.0%
The call for funding for the purchase of electric vehicles in the ports of Genoa and Savona-Vado has been published
Genoa
Yang Ming Buys Three New 8,000 TEU Containerships
Keelung
They will be delivered between 2028 and 2029
Construction of a cruise ship for Regent Seven Seas Cruises begins in Marghera
Trieste
Fincantieri will deliver the unit in 2026
Federlogistica establishes operational offices in Spain and Brazil
Genoa
The aim is to go beyond theoretical cooperative relationships
Over a Ton of Cocaine Seized in the Port of Gioia Tauro
Reggio Calabria
If placed on the market it would have generated over 187 million euros
In 2024, the economic results of Interporto Padova reached record values
Padua
Revenues up +17%
Three ceremonies at the Saint-Nazaire shipyard for three new MSC Cruises ships
Geneva
New flagship "MSC World America" delivered
German railway company DB Cargo reduced losses in 2024
Berlin
Revenues down again. -9.0% drop in freight volumes
NovaAlgoma orders second 38,000 dwt cement carrier in China
Lugano
It will be taken over in 2027
Customs agreement between Italy and Brazil to facilitate trade
Brasilia
Mission of the Customs and Monopolies Agency in the South American nation
A team from La Spezia Container Terminal in Rotterdam to test advanced technologies
The Spice
ECT Hutchinson Ports Training Center Visited
The assembly of Genoese freight forwarders on Monday
Genoa
It will be held at the Palazzo della Borsa in Genoa
Assarmatori, in Italy the ferry segment cannot bear the burden of the EU ETS in a very fragile market situation
Brussels
Messina: Protecting shipping from the ideological excesses of the Green Deal
The website of the Port Authority Corps - Coast Guard has been renewed
Rome
It has become a single digital access point to documents and services
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Wiesbaden
The volume, at 173.8 million tonnes, is the second lowest since 1990.
APM Terminals Granted Port of New York - New Jersey Concession Renewal
New York
Contract for a period of 33 years. Investments of 500 million dollars are expected
Experimentation of crane automation has begun at the Interporto Padova terminal
Padua
The interport company awarded the "Industria Felix 2025 Award"
Container traffic in the port of Algeciras fell by -17.0% in February
Algeciras
Both import-export volumes and transhipment are decreasing
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Miami
The fleet, initially consisting of one ship from Regent Seven Seas Cruises, will grow to five units within the next five years
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Oslo
Traffic down on almost all global routes
Agreement between Assoporti and Assologistica and the Florida trade, transport and port authorities
Rome
It was signed today
In April a mission in Albania of The International Propeller Clubs - Italy
Genoa
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COSCO Shipping Ports revenues rose to a record $1.5 billion in 2024 (+3.3%)
Hong Kong
In the fourth quarter alone, a decrease of -3.0%
SO.RI.MA. (FHP group) granted a concession of an area of 125 thousand square meters in the port of Chioggia
Venice
Investments of 11.5 million euros expected over 25 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
The public meeting of the Italian Port Terminal Operators Association will be held in Rome on June 19th
Genoa
The annual conference "Programming, Operation and Management of Transport Networks" in Genoa
Genoa
It is dedicated to the transport and mobility sector
››› Meetings File
PRESS REVIEW
Damen Mangalia Unionists Protest Friday Against Possible Closure
(The Romania Journal)
Govt. to woo top ten shipping liners in world for Colombo port expansion
(Daily Mirror)
››› Press Review File
FORUM of Shipping
and Logistics
Relazione del presidente Nicola Zaccheo
Roma, 18 settembre 2024
››› File
Contship Italia’s intermodal network has been extended to the Gulf Terminal in La Spezia
Melzo
Connections with the inland terminals of Milan, Modena and Padua
Container traffic in the port of Valencia grew by +15.2% last month
Valencia
The overall volume of goods handled increased by +6.8%
The Northern Tyrrhenian Sea Port Authority obtains gender equality certification
Leghorn
It is the first Italian port authority to obtain this recognition
Container traffic growth weakens at ports of Los Angeles and Long Beach
Los Angeles/Long Beach
Last month, increases of +2.6% and +13.4% respectively were recorded
Assarmatori, the Italian government's position on the impact of the EU ETS on shipping and ports is good
Rome
Messina: fully understood the risks and distortions of European climate regulation
PSA Italy's Genoa port terminals awarded anti-corruption certification
Genoa
The UNI EN ISO 37001 standard defines the requirements for an effective anti-corruption management system
Assiterminal presents three projects for the sustainable transition of the Italian port sector
Rome
Work completed on docks 33 and 34 of the port of Civitavecchia
Civitavecchia
50,000 square meters of yards prepared
The completion and doubling of the Pontremolese is the dream-nightmare of the La Spezia port community
The Spice
Fontana: Money is not found when enormous resources are channeled into railway lines of dubious utility
Hanwha acquires 9.9% stake in shipbuilding company Austal
Sydney
Investment worth approximately 116 million US dollars
The European fleet is growing but competing fleets are growing at a faster rate
Brussels
Raptis (European Shipowners): investing ETS revenues in clean shipping technologies and fuels
Trasportounito has confirmed the national halt to the transport of goods
Rome
Proclaimed for the duration of five days from March 31st to April 4th
Container traffic in Hong Kong port increased by +9.1% in February
Hong Kong
However, for the second time in the last 25 years, cargo volume was below one million TEU.
Cargo traffic in Greek ports stable in Q3 2024
Piraeus
The increase in volumes transported on domestic routes has offset the decline in traffic with foreign countries
At the Vado Ligure container terminal a 21,000 teu container ship fully loaded
I go to Liguria
The 400-meter-long Cosco Shipping Nebula has landed
UIR proposes a permanent table for the development of intermodality
Verona
The main task is to build a project financing program.
Restructuring plan approved for Spanish company Armas Trasmediterránea
Las Palmas de Gran Canaria
Creditors' appeal rejected
The decline in cargo traffic at the port of Singapore worsened in February
Singapore
Containerized cargoes amounted to 27.4 million tons (-3.6%)
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