Rules on the prevention of corruption and transparency they must also be applied to the Italian Ports Association (Assoporti). This was specified by the National Anti-Corruption Authority (ANAC) in the act of the president, Giuseppe Busia, of 7 December last approved following the request received from the secretary general of Assoporti. ANAC recalls that the legislative decree Legislative Decree 33/2013 extends the anti-corruption and transparency regime applicable in the public administration to other subjects of private nature or associations, foundations and institutions governed by private law, even without legal personality, which have the following requirements: budget exceeding five hundred thousand euro; activity financed for the most part of at least two consecutive financial years in the last three years from public administrations; all holders or members of the administrative or steering body designated by Public administrations.

In its decision of 7 December, ANAC observes that 'in the case of That seems to be met. With reference to the Requirement relating to the "budget exceeding five hundred thousand euro" - reads the document - notes that from the budget for the year ended 31/12/2021, published on the website institutional of the association, the balance sheet is active of € 1,842,108 and, therefore, well in excess of five hundred thousand euros to which the rule relates'.

'With regard to the requirement of "financing majority by public administrations for at least two consecutive years in the last three years" - continues the document - it appears that the activity of Assoporti is even financed entirely by the members (by payment of the membership fee) and the members are the Authorities of Harbour System, which, certainly for the purposes of the legislation on the prevention of corruption and transparency are to be consider themselves as many public bodies and public administrations (Please note that paragraph 1 of art. 2-bis of Legislative Decree 33/2013, includes expressly the AdSP among the "public administrations"). Nor can we share the thesis supported by Assoporti for which the membership fees paid by the members (AdSP) can not be considered as sources of public funding, since they are rather "of own internal resources deriving from the constraint that unites the associates in an organized community". First, it should be emphasized that the AdSP are associated on a voluntary: as a result of this choice they are called to available its economic resources for the achievement of the associative purposes (art. 2 of the Statute), which they share in reason for their instrumentality compared to the best exercise of the institutional functions assigned. That thesis, then, does not seem to be in line with the regulatory dictates nor with the very broad interpretation of the concept of "financing" public" already provided by ANAC in resolution 1134/2017 which included "both transfers and contributions of current and capital nature, and the consideration for supply of goods and services to the P.A. and for the supply of public services. Moreover, admitting that the associative contribution is not comparable to the concept of public funding would remain outside the scope of the rule - lett. c) co. 2, art. 2) - all those associations of public bodies that are financed through the social dues paid by the associated bodies. For better say, only those would be included in the scope of the rule Associations that receive "additional" public funding compared to membership fees. You understand that it is difficult approach such an interpretation, considering, moreover, that, as a rule, associations do not carry out activities commercial and live and substantiate often, exclusively, of membership fees or contributions'.

"Lastly - concludes the act of ANAC - with reference to the requirement of "appointment of all members of the administrative or steering bodies by of the public administration" it is useful to remember what has already been observed by ANAC in the resolution 1134/2017 (see § 2.2): "for governing bodies must to be understood, the bodies with powers of general orientation with reference to the organisation and activity of the institution to which are in charge, which define the objectives and programs to be implement. For example, in recognized associations it is organ address the shareholders' meeting, which is responsible for the main decisions on the life of the association and its dissolution. For Administrative body must be understood as the deputy to the administration of the institution, competent to adopt the main management acts. For example, in recognized associations the administrative body shall be composed of the directors; in those not recognized is constituted by the subjects who have the presidency or the direction, according to the agreements of the associates".'