The Ministry of Infrastructure and Transport (MIT) has Published the guidelines on how to apply the Regulation laying down a framework for the granting of concessions of areas and docks approved by decree of the MIT in agreement with the Minister of Economy and Finance of 28 December 2022, no. 202. Announcing the publication of the decree, which we report to this links, The dicastery specified that the comparison of the vice-president of the Council and Minister Matteo Salvini with Minister Raffaele Fitto "It has allowed us to share and close the theme of the lines Guide for port concessions that allows the goal of a important milestone related to the third instalment of the PNRR'.

Among the critical points of the Italian legislation in subject of ports, the European Commission, for approval of the National Recovery and Resilience Plan, had in fact reported the need to adopt clear, non-discriminatory criteria and transparent for the award of port concessions by implemented by the amendment announced by the Italian Government of Regulation on port concessions. In particular, the The Commission had proposed limiting the maximum duration. To this In this regard, the ministerial decree provides that the duration of the concession is commensurate with the investments envisaged by the Plan Economic-Financial (PEF) prepared by the concessionaire on the basis of formats developed by the Regulatory Authority of Transport (ART) and that before the initiation of the procedure to public evidence for the granting of the concession the Authority of Harbour System send the PEF to ART, ART that the guidelines specify that it can "issue opinions on the procedures award and concession granting procedures, also at the request of the AdSP, and propose the possible adoption of the measures suspending, forfeiting or revoking acts of concession". Indications that clearly assign to the Transport Regulation Authority a faculty of direct intervention on the work of the dealers bypassing the Port System Authority.

As regards the overall duration of the concession, the decree provides that this is proposed by a candidate to obtain the concession and must be such as to allow the return on invested capital and in any case not exceeding depreciation period of the works carried out.

As regards the possible extension of the duration of the concession, it is specified that only for concessions of more than ten years. Also in this case the ART is called to play a primary role in when - specifies the Decree - in the event of an application for extension of a concession or awarded for a period of more than ten years, the Authority of Regulation of Transport, subject to mandatory notification by of the granting authority, shall express itself within thirty days from the date of notification with binding opinion about the consistency of the application with the PEF linked to the grant, or to entrustment. Furthermore - specifies the ministerial decree - "in the where the request for extension concerns a concession of duration over forty years of age or this threshold is exceeded for effect of any extension, the AdSP asks MIT for an opinion estimate about the consistency of the instance with the tools of strategic planning of the sector. The Ministry pronounces within twenty days from receipt of the request accompanied by all the information necessary for the issue of the opinion".