Green light of the Council of Ministers, unanimously, to the amendment to the bill on competition that intervenes on bathing concessions, providing for the tender from 1 January 2024.
After the first 20 minutes of the table, the suspension of the Council of Ministers for 45 minutes , then resumed after the conversation – in a smaller circle – between the political forces of the majority, to then close the agreement on the text.
Among the measures envisaged in the draft – filtered before the meeting of Palazzo Chigi – a delicate balance between occupational protection, ownership (and therefore investments) of concessions, and opening up to the sector market for new companies. In addition to free access to the gates on the beaches and the protection of the ecosystem. However, the government’s line on stopping “state-owned maritime, lake and river concessions until 31 December 2023” seems to be confirmed, but with an exception of those “already in order”, ie valid beyond 2023 because “issued following the selective procedures – “the public notice of public evidence” – in compliance with EU rules. All the measures of the draft – the “social clauses”
Among the criteria for the calls for tenders, indicated in the draft, it is indicated to “include social clauses aimed at promoting the employment stability of the staff employed in the activity of the outgoing concessionaire”. A sort of continuity of employment that would be maintained even with a different holder of the concession. Legislative decrees within 6 months
The government – once the rules within the competition law have been approved – will have “six months to adopt the delegated decrees with the new rules for competitions”. Decrees that will make the application of the new legislation effective (after publication in the Official Gazette). The spirit of the measures under discussion
The main layout envisaged by the draft on the table at Palazzo Chigi and dialign with European legislation and “in order to ensure a more rational and sustainable use of the maritime domain, favor its public use”. And then, to promote “greater competitive dynamism in the sector of services and economic activities connected with the exploitation of concessions for tourist-recreational purposes”. “Guaranteeing free gates for access to beaches”
Among what circulates on the draft under discussion in the Council of Ministers in progress, “always free gates to access the beach, with the forecast – in case of obstacles by the holder of the concession to free and free access and transit to the shoreline – of the consequences of the relative violations. The government also undertakes to establish “homogeneous criteria for the identification of areas susceptible to assignment under concession, ensuring an adequate balance between the state-owned areas under concession and the free or free equipped areas”. Encourage the participation of enterprises
Another cardinal principle of the measures, that of favoring the maximum participation of enterprises: “Definition of the conditions for the possible splitting into small lots of the state-owned areas to be entrusted under concession – as in the draft in the council of ministers – in order to to encourage the maximum participation of micro and small enterprises “.
“The definition of a uniform discipline of the selective procedures for awarding concessions on the basis of the following criteria:admission requirements that favor the maximum participation of companies, even small ones, and third sector entities . Provision of deadlines for the receipt of requests to participate not less than thirty days; adequate consideration, for the purpose of choosing the concessionaire, of the quality and conditions of the service offered to users, in light of the program of interventions indicated by the bidder to improve the accessibility and usability of the state property, also by subjects with disability, and the suitability of such interventions to ensure the minimum impact on the landscape, the environment and the ecosystem, with preference for the program of interventions that includes non-fixed and completely removable equipment “.
In order to probably safeguard those who have already invested in bathing establishments and the professionalism that is achieved by ownership over time on the facilities, the draft envisages “taking into account the technical and professional experience already acquired in relation to the activity subject to the concession – or to similar activities of management of public assets – according to criteria of proportionality and adequacyin such a way as not to preclude new operators from entering the sector. And the position of the subjects who, in the five years prior to the start of the selection procedure, used the concession as the main source of income for themselves and their family, within the limits defined also taking into account the ownership, at the start date of the selective procedure, directly or indirectly, of other concessions or other business or professional activities “. ” No temporal duration to concessions “
The duration of the bathing concessions, once put up for tender, “must cover a period not exceeding what is necessary, to guarantee the concessionaire the amortization and fair remuneration of the investments authorized by the granting body when assigning the concession, and in any case to be determined on the basis of the size and economic significance of the works to be carried out with an express prohibition of extensions and renewals, including automatic ones “. An “indemnity” for those who leave the factory
Furthermore, a sort of compensation is foreseen for the concessionaire who leaves the ownership of the company: “compensation to be paid to the outgoing concessionaire, charged to the incoming concessionaire, due to the non-amortization of the investments made during the concession relationship, and authorized by the granting body and the loss of goodwill connected to commercial or tourist activities “. Consideration of the “value of the coasts”
The criteria – the draft continues – will be identified in a uniform way, also taking into account the “natural value and the effective profitability of the state-owned areas to be granted in concession”, therefore not all coasts will be considered in the same way from the point of view of value, in the decree under discussion also the consideration of the vocation to cover a value function linked to local traditions: “as well as the use of these areas for sporting, recreational and local traditions activities: carried out individually or associated with no profit or for purposes of public interest “. A share of the fee to improve the coasts
. Not only that. It is up to the government to proceed with the “definition of a portion of the annual concession fee to be reserved forcoastal defense interventions and improvement of the usability of free state-owned areas . ” All ministries involved
“The Government – within 6 months from the date of entry into force of this law – is delegated to adopt, on the proposal of the Minister of Sustainable Infrastructure and Mobility and the Minister of Tourism, in agreement with the Minister of Ecological Transition, the Minister of ‘economy and finance, the Minister of Economic Development and the Minister for Regional Affairs and Autonomies, subject to agreement in the Unified Conference, one or more legislative decrees aimed at reorganizing and simplifying the rules on state-owned maritime and lake concessions and river, for tourist-recreational purposes, as well as the regulation of concessions for the construction and management of structures dedicated to pleasure boating, including mooring points “.

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