Shipping and Transport Bulletin – October-November 2016
In this issue:
This just-ended summer has seen Italian case law introducing new rules for the performance of port operations in Italian ports. In particular, the Public Prosecutor (Procura della Repubblica) of Massa stated that a “non-concessionaire” stevedoring company, upon completion of work, has to remove any operational equipment from public ports. Otherwise, Article 1161 of the Italian Navigation Code (Occupancy without title) shall apply, with the consequence that a Public Prosecutor may even order immediate seizure of equipment.
It is not rare that a concessionaire applies for an authorisation to have the scope of its activities extended, or that a Port or Maritime Authority issues an order requiring a concessionaire to carry out different activities in the interest of the port. Let us consider the risks that may arise and how to handle them.
In two recent notes, the Italian Ministry of Infrastructure and Transport took position on the still outstanding issue of the procedure for publication of port concession applications under Article 18 of Italian Port Law (Law 84/94), stating that publication of applications in the Municipal notice board (“albo pretorio”) of the city in which a port is located is sufficient to comply with applicable statutory disclosure requirements. We take the opportunity to examine this issue.
The Regional Administrative Court of Naples recognised the right for a terminal operator to be indemnified by the Port Authority of Naples due to delay in the execution of dredging works in the port. The case is based on substantially equating a concession with a contract. This may pave the way for further rulings of the same kind.
Let us continue to deal with technical-nautical services rates: must review be biennial or are exceptions allowed (and desirable)?
Is 1.5% m/m sulphur limit on marine fuels applicable to cruise ships? The debate is still going on. The European Commission writes to France in order to have such limit applied.
Let us examine a recent ANAC (Italian National Anti-Corruption Authority) resolution setting out that airport concessions not only cover aviation or airside infrastructures, but also non-aviation or landside areas and premises, whose activities are therefore deemed to fall within the scope of concessions.
On 23 July 2016, the so-called “Legge Europea” came into force, amending certain provisions of Italian law to bring them into line with Community law. Let us see the amendments regarding labour-law aspects and the maritime sector.
Our colleagues at Nctm Brussels’s office provide us with their contributions highlighting the most significant actions taken by EU institutions in the international shipping and trade sector.
You will also find a list of our events taking place at our Milan and Rome offices, in addition to the usual update on our firm’s activities over the past two months.