91997E3713

WRITTEN QUESTION P-3713/97 by Franco Malerba (UPE) to the Commission (12 November 1997)

Subject: Genoa's port policy

Articles have appeared in the press on the Commission's decision concerning unlawful practices by the Genoa port services - rates of pilot services and provision of temporary manpower.

Following the reforms adopted in Italian legislation and the change in the status and management of the port of Genoa in recent years, does the Commission think it is still formally lawful to retain such practices which the Commission considers detrimental to competition and the development of activities at the port of Genoa?

Does the Commission have evidence that the situation at the port of Genoa is common to other Italian or European ports (and has it taken its decision accordingly)?

Does the Commission have statistics on the liberalization of European ports, and has the move towards open competition increased or decreased traffic and employment?

What will the Commission do in the immediate future and with what instruments to commit the Italian Government and the port of Genoa to liberalization?

Answer given by Mr Van Miert on behalf of the Commission (9 December 1997)

The Honourable Member is referring to Decisions 97/744/EC and 97/745/EC, which were adopted by the Commission on 21 October 1997 and deal respectively with the provisions of Italian ports legislation relating to employment ((OJ L 301, 5.11.1997. )) and the system of reductions on tariffs for piloting in the Port of Genoa.

In the first of these, the Commission calls on Italy to amend the provisions of port reform Laws Nos 84/94 and 647/96 which, while partly liberalising the market, still reserve for the old dockers' companies the substantial privilege of providing temporary labour. This confers on them undue competitive advantages. In the second Decision, the Commission requests Italy to terminate the system of reductions, which discriminates between ferry operators. It is for Italy to adopt the appropriate measures implementing the Commission Decision, at the latest two months after it was notified.

The Commission has not received any other complaints concerning similar infringements in Europe, nor does it have specific statistical studies concerning the economic effects of liberalisation in this sector. Nevertheless, it would point out that employment in Italian ports has continued to decline (by more than 15 000 units) while the monopoly of the old dockers' companies has been in place. It is also clear that, following the initial measures liberalising the sector taken by Italy after the Port of Genoa judgment ((Case C-179/90 Merci Convenzionali Porto di Genova [1991] ECR I-5889. )), the port has experienced considerable growth in its activities.