State concessions, Draghi still gives hope for Perrella – Il Golfo 24

The Senate approved the competition bill in recent days. As is known, the legislative procedure in progress is in the spotlight because among the various rules it also includes an article according to which the bathing concessions will be reassigned through public tenders within two years, with various particular provisions aimed at rewarding the managers who currently hold these concessions .

Article 3 of the bill states that the maritime, lake and river state concessions for the exercise of tourist-recreational and sporting activities continue to be effective until 31 December 2023, and “those for the construction and management of dedicated structures at the pleasure boatingincluding i mooring points

The matter is one that burns, and not just metaphorically: the bathing establishments have already announced legal actions because those who had been granted the maxi-extension until 2033 will have to be content with a very reduced extension, until 2024, when the concessions will have to be put up for tender.

But if this scenario represents a misfortune for the entrepreneurs who currently manage state-owned concessions, in some particular case there might even be some concessionaire celebrating. For example, Perrella and its now expired concession on the tourist port of Lacco Ameno. The hypothesis seems risky, but let’s try to explain ourselves better: Article 3 of the bill in question dictates the “provisions on the effectiveness of state-owned concessions and management relationships for tourist-recreational and sports purposes”, and in the first paragraph provides that “they continue to be effective until 31 December 2023 [..]: a) maritime, lake and river state-owned concessions for the exercise of tourist-recreational and sporting activities, [..]”And – mind you -” those for the construction and management of structures dedicated to pleasure boatingincluding i mooring points“, And, in point b),” relations concerning the management of tourist-recreational and sports facilities in areas falling within the maritime state property as a result of measures subsequent to the start of use “.

According to some qualified insiders, the legislative provision would also apply to the project financing launched on the Lacchese port, with the result that the Marina del Capitello company would maintain control of the structure even after 30 June, the day of the expiry of the

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Keeping these words in mind, according to the interpretation of some insiders, this provision would also apply to the marina of Lacco Ameno, with the result that the infrastructure, instead of returning to 1 July in the hands of the Municipality after the expiry of the yet another extension-covid (after the concession had already expired on 9 June a year ago), it could instead remain available to the company Marina di Capitello for at least another year and a half.

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In fact, the second paragraph of article 3 reads that “the concessions and relationships referred to in paragraph 1, letters a) and b), which by deed of the granting body are identified as granted or renewed through a selective procedure with adequate guarantees of impartiality and of transparency and, in particular, with adequate publicity of the initiation of the procedure and its development and completion, continue to be effective until the deadline set by the relevant title and in any case until December 31, 2023 if the deadline is prior to that date ” .

Therefore, even if the extension in favor of the concessionaire will expire on 30 June, according to this interpretation he could maintain control of the landing place until the end of next year. The legislative definition seems in fact to adapt to the assignment that was launched over six years ago with the project financing formula proposed by the company Marina di Capitello.

That’s not all: it is known that the bathing establishments themselves consider it unrealistic to be able to organize the competitions by the beginning of 2024, and in fact the third paragraph of the article in question provides that “in the presence of objective reasons that prevent the conclusion of the procedure selective by 31 December 2023, connected, by way of example, to the pending dispute or objective difficulties related to the completion of the procedure itself, the competent authority, with a reasoned deed, may postpone the deadline of the existing concessions for the time strictly necessary for the conclusion of the procedure and, in any case, no later than 31 December 2024. Until that date, the occupation of the state property area by the outgoing concessionaire is still legitimate also in relation to article 1161 of the navigation code “.

Naturally, the hypothesis of a new extension – yet another – in favor of the Marina di Capitello company illustrated so far, is based on interpretative bases of the text just approved in the Senate, which will soon be brought to the attention of the Chamber of Deputies for definitive approval. before August, and which will be followed by an implementing decree which will define in detail the criteria with which to launch the public tenders and determine the compensation for the outgoing concessionaires. Perrella still at the helm of the port even after 1st July.

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About David Martin

David Martin is the lead editor for Spark Chronicles. David has been working as a freelance journalist.

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