Newsletter | Shipping & Transport Bulletin January – March 2021
In this issue:
Article 199, paragraph 3, letter b) of the “Relaunch Decree” has provided for the extension of concessions pursuant to Article 18 of the Italian port law, but has set no provisions with respect to the time limits of business and investment plans underlying such concessions. So, can the time limits of the concessionaires’ business plans and, above all, investment plans be considered extended as well?
The NRRP is the document in which the Italian Government shall collect the projects that it intends to finance using the resources allocated to Italy through the “Recovery Fund”. We have noted in the latest draft of the NRRP the lack of support – within the funds earmarked for energy transition – for the renewal of the Italian ferry fleet (a renewal for which significant resources had previously been envisaged). As far as we understand it, the cancellation of these resources was also a consequence of the fear that any direct funding for the renewal of the fleet could be censured at EU level for an alleged conflict with the applicable State aid rules. Let’s analyze this matter.
We are once again returning to a subject that has been on everyone’s lips for years now: the taxation of Italian ports. The Italian Port System Authorities do not give up and consider challenging the well-known European Commission’s decision.
Discharge of sewage into port waters: application practices and regulatory uncertainties. Let’s analyze this issue.
Pursuant to Article 16 of the Regulation (EU) 2017/352, “Each Member State shall ensure that an effective procedure is in place to handle complaints arising from the application of this Regulation for its maritime ports covered by this Regulation”. To date, however, the authority in charge of handling such complaints does not seem to have been identified in our legislation. Let’s see the possible consequences that may derive from this “gap” in the proper implementation of Regulation (EU) 2017/352.
We want to thank our colleagues at Nctm Brussels’s office for their contributions highlighting the most significant actions taken by EU institutions in the international shipping and trade sector.
You will also find the usual update on our firm’s activities over the past two months.