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Extension of bathing concessions only until December 2023 “in order to avoid the significant socio-economic impact that would derive from an immediate and generalized forfeiture of all existing concessions”. This was established by the Council of State. The decision taken by the plenary meeting of the Council of State follows the hearings on 20 October.
“From the following day, however, there will be no possibility of further extension, not even by way of legislation, and the sector will still be open to competition rules”, states the Council of State.
With judgments nos. 17 and 18 published today, the Plenary Meeting of the Council of State, underlining “the exceptional attractiveness of the national coastal heritage”, stated that the persistent absence (despite the repeated announcements of a legislative reform intervention, however never implemented) of an organic national regulation of state-owned maritime concessions generates a situation of serious conflict with the rules to protect competition imposed by EU law, because it allows automatic and generalized extensions of the current concessions (the last, moreover, of an abnormal duration, until 31 December 2033), thus preventing anyone who wants to enter the sector from doing so.
According to the Council of State – a press release reads – the competition, in addition to being imposed by EU law, “is extremely valuable for guaranteeing citizens a management of the coastal national heritage and a related offer of more efficient and better public services quality and safety, being able to contribute significantly to economic growth and, above all, to the recovery of the investments that the country needs “.
The current dealers will still be able to participate in the tenders that will have to be announced. To allow the PA to “undertake as of now the operations functional to the call for tender procedures”, to “allow the Government and Parliament to dutifully approve legislation that can finally […] to regulate the issue of state-owned concessions in accordance with EU law “, as well as to avoid the social and economic impact of the decision, the current concessions may continue until 31 December 2023.
From the following day, however, there will be no possibility of further extension, not even through legislation, and the sector will in any case be open to competition rules. After this deadline, therefore, “all state-owned concessions must be considered ineffective, regardless of whether or not there is – or is not – a successor in the concession”.