LEGISLATION ON HARBOUR SERVICES (Advisory opinion)
PRESS RELEASE
The Italian Competition Authority submitted to the Speakers of the Senate and the Chamber of Deputies, the Prime Minister and the Minister of Transport and Navigation an advisory opinion, on the new legislation on harbour services, which derives from Law no. 647/1996. More specifically, the Authority highlighted the amendments of Subsection 3 of Article 17 of Law no. 84/94 introduced by the Parliament.
Following the last amendments, the provisions in Law no. 84/94 establishe that the contracts for the supply of harbour services, included the labour-intensive activities if supplied only by harbour operators who were transformed to companies, are exempted from the prohibition of labour intermediation.
Indeed, given this provision, harbour companies enjoy an exclusive right in the market of harbour operation supply. Such an amendment is substantially different from the law decree submitted by the Government, which did not provide for any exclusivity, by limiting to set forth that Article 1 of Law 1369/60 did not enforce on the contracts for the supply of labour-intensive services from all the authorized harbour companies.
The Authority underlined that the provision introduced by Subsection 3 of Article 17 violated the rules contained in the EEC Treaty, which prohibit the maintenance of both a legal monopoly regime to carry out harbour handling services and the exclusive right to supply staff. The provision of exclusive rights further violated Law no. 84/94, which reformed the national harbour legislation and liberalized harbour activities.
The Authority therefore pointed out that the permanence of this rule would enhance the contrast with the competition principles set out by both the Community and national legislations.
In its advisory opinion, the Authority also examined the enforcement of Subsections 1 and 2 of Article 17, which regulate the creation of a pool of labour allowing the harbour companies to face the unforeseeable variations of demand, either through a voluntary consortium of harbour companies, or by promoting an agency for the supply of services.
In particular, if and when a voluntary consortium would be set up, the Authority underlined the need to avoid that only the harbour companies are authorized to supply services, in such a way as to restore a monopoly regime surreptitiously.
The Authority expressed the hope that the deadline of March 31st, 1997, for the exclusive rights enjoyed by the harbour companies to supply temporary labour, is not extended, so as to encourage the transition to the new regime.
Finally, the Authority highlighted that economic growth and employment development in the harbour sector can be achieved only by fostering competition and removing unjustified exclusive rights and law protections to the advantage of particular operators.