'The report of the Guarantor Authority of the
Competition and the Market of 21 June 2023 leaves us dismayed».
This is highlighted by Lorenzo Basso and Valentina Ghio, parliamentarians of the
Democratic Party, referring to the report of the AGCM sent
the President of the Council of Ministers and the Presidents of the Chamber and
Senate in which, with regard to port operations, it is noted that
Article 199 bis of Decree-Law 34/2020 would limit "seriously
the right to self-handling of operations and services
ports, making it a merely residual option for carriers
seafarers". "The norm is born - underline Basso and Ghio
- to protect Italian companies operating in ports, subject to
taxation and ordinary contributions like all companies
Italian. The AGCM insists instead to allow maritime carriers
to carry out port operations with personnel embarked on the
ship. The Authority does not seem to know that the shipowning companies
have tax and social security benefits of advantage compared to the
general national undertakings, on the basis of the rules on
International register and tonnage tax. Yet the AGCM insists
to favor these companies to the detriment of all Italian companies
operating in ports. It is even more striking than in a phase of
very strong concentration of terminal ownership
ports and accentuated vertical integration of the supply chain
logistics, the AGCM continues to put under the magnifying glass
A rule that represents a negligible value compared to the items in
play of national interests'.
Very critical of this finding of the AGCM also
Uiltrasporti, according to which 'the intervention requested
from the Antitrust to the government about the limitations to the activity
of self-handling in port operations - denounce the
Secretary General and National Secretary of the Organization
trade union, Claudio Tarlazzi and Marco Odone - is "of a
extreme gravity'. "In general," they note.
Tarlazzi and Odone - chaos reigns in our country that does not help to
develop appropriate economic and social conditions so that there are
We constantly find ourselves in the condition in which Parliament
legislates, then the administrative courts are asked to confirm or
minus these laws and to this are added the authorities that
bypass the skills of both reversing even with doubts
purposes such as in this case the reporting of the Antitrust
for ports'. "The Antitrust - observe the representatives
of Uiltrasporti - should protect healthy competition in the country,
while instead we see it intervene in a way that feeds doubts
with respect to the genuineness of the considerations made'.
'As regards the request to limit
self-production - continue the secretaries of the UILT - in addition to
there is a rule of law recently confirmed by the TAR of the
Liguria in line with the principles of Community law, which
provides that carriers are excluded from self-handling, but at the
contrary are authorised if they meet certain requirements,
the same requirements for granting authorisations
undertakings for the loading and unloading of goods referred to in Article 16
(
of June
2023, ed). It is a rule that clarifies, protects
work in ports and seafarers, who would risk
be hyper exploited in the phases of ground operations after those
navigation. It should be remembered that if you take away work from the
Port workers there is also a mark-up on taxation
general because those workers must be paid
compensation for non-start-up.'
"The Antitrust also - conclude Tarlazzi and Odone -
calls for action to make possible the fungibility of
workers from one enterprise to another in the presence of more than one
concessions in the same port and for the same merchandise. The law
Regulation (EEC) No 84/94 had prohibited a dealer from having more
concessions for the same commodity, and this responded to the
logic of keeping the port market open but regulated and not
discriminatory, to avoid situations of monopolies or oligopolies. The
A rule derogating from this principle is therefore already in place.
countertrend, but above all, if the government were to implement
what the Antitrust asks, would determine an employment problem
and health and safety in the port area. We therefore ask that
these requests are not implemented so as not to distort and preclude
an economic and social development of the Italian port system'.