“These disjointed views on the now inevitable solution to the issuance of beach concessions in Italy, in the light of EU legislation and, in particular, due to the transposition of EC Directive no. 2006/123 of 12 December 2006 (the so-called “Bolkestein” Directive) does not intend to solve a complex and thorny issue in a simple and straightforward manner, which highlights widespread system deficiencies that have persisted for years. An organic and structural law that can give clarity to the field appears to be inevitable and cannot be postponed. It is essentially necessary to review the entire sector for the interests and rights of all. And so that everyone does his work”. that’s what matters Massimo Fragola, Professor of European Union Law and President of the Permanent Seminary of International Studies (SSIP) In the study “Bath concessions in light of EU law (and the “Bolkestein” directive”) excerpts from which are reported by Il Sole 24 Ore.
One issue, that of beach concessions, represents one of the hot files being probed by the government and has been the subject of bitter clashes with the opposition. If the government does not approve legislation by the end of 2023 that guarantees the free movement of services in the EU and free competition in the European market, there is a risk of actually tightening the European infringement procedure.
The “final act” of the Bolkestein Directive is also essential for the development of the single European market, writes Fragola. “obligation liberalizing state subsidies – the study says – this should not be regarded as an unduly imposed step on the EU, as some affirm. Furthermore, we have appreciated free competition in many areas of our daily lives, such as, for example, in telephony, audiovisual services, I would say in Community trade as a whole”.
measures requested by the EU
In order not to disregard EU requests, the law would have to start “producing retrospective effect” from 2024 and cannot be retroactive. In addition, – explains Il Sole 24 Ore – “it will have to distinguish concessions for maritime state-owned properties from those for seaside properties because these are different matters. And it will have to consider the structures that are carried out by the concessionaires.” have been the subject of investments that remain the property of the latter: for real estate, the state will have to accept the refund insulted by art. 49 of the Navigation Code”.
Italian beach in the hands of foreigners?
for strawberries The risk is that Italian beaches will end up with the best foreign biddersIn the hands of large international conglomerates capable of projecting much higher figures than small local managers, do not exist. “I do not believe much in this hypothesis – comments the author of the study – I remember, for example, the invasion of our country by Polish plumbers. Which did not happen then. And even now, Italy of large elite groups from other member states A massive inflow into the U.S. cannot be ruled out, but I do not think it will happen. In this regard, it is necessary to introduce forms of protection for concessionaires investing in state-owned space, which are already in place. only permitted by law.
As this has already happened in various EU states including Croatia, France and Spain, the study highlights the potential of large European groups that have won public tenders. Subcontract the management of the concession to local third parties, as required by the Navigation Code (Articles 45-46). Therefore, suggests Fragola, “concessions already formed on state-owned sites, association of moorers, charterers or bathing specialistsThus increased a wealth of knowledge about the site and its dynamics that an outsider cannot discern”.
Criteria for executing tenders
“Leave the most convenient proposition to the public body, but Support the best projects and professionalism earned in the field, The same indications are coming out from the study done to conduct the competitions. “This is no longer the time to gain a concession on the payment of a few Euros, rather – concludes Fragola – it is an opportunity to grow and improve in the face of a competitive market. of which we are an integral part.
the answer is “association”
Outlining the future scenario, the study highlights Small local entrepreneurs need to form a consortium Because only “a more substantial and better structured and more professional entity” can be competitive in a regime of systematic liberalisation.