under examination possible incompatibility – Corriere.it

The conversion of the Milleproroghe decree, which among the measures also includes the extension at least until 31 December 2024 of the current beach concessions in Italy, been promulgated by the President of the Italian Republic with reservations, in particular in relation to “profiles of incompatibility with European law” and in the European Commission we learned it from the press, said a spokesman for the EU executive. We will now carefully evaluate the content and effects of the provision, which has not yet been notified, to evaluate the appropriate response, he revealed.

The EU calls for transparency and fair competition

The spokesman took the opportunity to recall the EU law on services, according to which national rules are required to ensure equal treatment of operators – he said -, without any direct or indirect advantage for any specific operator, promote innovation and fair competition, they expect a fair return on the investments made and protect against the risk of monopoly of public resources for the benefit of consumers and businesses. It was also recalled that on the same subject of beach concessions, recent decisions were taken with regard to Portugal (reasoned opinion of January) and Spain. The European Commission believes that the national laws of all Member States should promote the modernization of the sector, he added.

Transparency and fair competition – adds the EU executive – would give legal certainty and stimulate investment and innovation both for existing concessionaires and for new operators in the key sector of seaside tourism.

The appeal of Confindustria Nautica

After the reservation of the President of the Republic and the recall of the EU, Confindustria Nautica has appealed to the Prime Minister, Giorgia Meloni, to issue a law decree reorganizing the legislation, reads a note. The association also request to intervene on the navigation code by enhancing the rules that for decades have regulated according to principles of public evidence and transparency the concessions of the tourist port and to remedy the inconsistencies of the 2022 competition law whose rules, writes Confindustria Nautica, are in part inapplicable and others, paradoxically, diverge from Community law. With specific regard to pleasure boating infrastructures, it is hardly necessary to recall that the law wanted by President Draghi has improperly included them in the regulatory framework of the beaches, completely inapplicable to them, up to the paradox of providing for the obligation free bathing inside the ports – concludes Confindustria nautica -. The aforementioned provisions comply with a sentence of the Council of State which cannot be considered final as it is the subject of an appeal to the United Sections of the Cassation.