With final approval in Senatewhich took place on November 6, the so-called “infringements decree” (DL 131/2024) – containing urgent provisions for the implementation of obligations deriving from acts of theEuropean Union and for the management of infringement procedures And pre-infringement pending against Italy – has become law.
The final text of the decree, whose conversion into law had to be completed by November 15th, introduces significant changes regarding maritime state concessionsregulated byarticle 1.
This issue turned out to be the central and most complex issue to address. For years, in fact, maritime state concessions have been the subject of intense debates both at the Government that among trade associationsas well as at the center of negotiations with the European Commissiongiven the urgent need to conform Italian legislation to Directive 2006/123/EC (Directive Bolkestein). This directive requires, for the awarding of expired or expiring beach concessions, the use of public evidence proceduresensuring transparency and competitiveness in the sector.
The decree was promulgated in response to infringement procedures started by European Commission against Italy for the failure to apply the Bolkestein Directive in the services sector. The provisions relating to maritime state concessions represent a particularly delicate aspect, considering the strategic role of sector tourist-seaside resort in the Italian economy and the potential repercussions for operators currently active.
A. has been introduced in the text of the law extension from the maritime, lake and river state concessions in existence on the date of entry into force of the decree, extending its validity until September 30, 2027. To the Municipalities the obligation to ban is imposed public tenders for the assignment of new concessions, to be concluded by June 30, 2027with the possibility for i Mayors to anticipate tender notices subject to adequate justification. There is also an option to extend up to March 2028if objective difficulties were encountered in carrying out the procedures or if disputes were pending.
The new ones concession titles they will have a variable duration, ranging between 5 And the 20 years. The law gives Municipalities the discretion not to divide concessions into lots (decision which must be duly motivated) and to introduce any constraints additional to the awarding of concessions. THE assignment criteria foreseen for the new concessions aim to promote the following objectives:
- The protection of microenterprises and of local realities.
- The valorization of traditions and of territorial specificitiesthrough the correspondence of the systems to local traditions and the offer of services that enhance the peculiarities of the territory.
- The consideration ofexperience technique and previous professional experience in similar activities.
- The recognition of ownership of a concession such as principal source of personal income in the previous five years.
- The evaluation of the number of workers which the offeror undertakes to assume from outgoing dealer.
- There penalty of the concentration of concessions held by a single entity, taking into account the number of concessions already held by the bidder in the territory of reference.
Furthermore, the right of the outgoing dealer to receive a compensation paid by the incoming concessionaire. However, the proposals to recognize the outgoing concessionaire’s responsibility were not accepted right of pre-emptionnor that of increasing the value of the allowances. Furthermore, the proposal to eliminate the time limit of the last five years in the calculation of the compensation was not passed, nor the proposal to include in the calculation the corporate value (taking into account thestart-up and of tangible and intangible fixed assets). These proposals were judged incompatible with the law of the European Unionespecially with i competition principles And equal treatment.
On the other hand, an amendment was accepted which excludes from the scope of application of the Directive Bolkestein – and therefore from the obligation to call public tenders – all maritime, lake and river state concessions if they are used by amateur sports clubs and associations registered in the National Register of sporting activities, which pursue social and recreational purposes and carry out sporting activities on a permanent and principal basis, provided that the state property is not exploited for any purpose cheap.
Finally, the text, which received the approval of Senatehas also undergone changes in relation to artifacts prefabricated. Outgoing dealers are allowed to keep the structures removable – such as warehouses, work environments, caravans, campers and boats – until the new concession is awarded, including seasonal suspension periods, unless demolition measures already arranged before the entry into force of the decree.
Despite the intense phase of concertation and the long legislative process, however, the bill does not seem to have definitively resolved the issue. This dissatisfaction led over fifty jurists And academics to launch an appeal to President of the Republic so that it does not proceed with the promulgation of the conversion law. They note that the decree limits itself to perpetuating a management of public resource based on repeated extensions and renewals, generating further uncertainty among the administrations and proposing, once again, a structure that does not comply with the law ofUnion European. In particular, they report the possible violation of principles of competition, non-discrimination and transparencyfearing the risk of further ones infringement procedures by the European Commission.