EU warns Italy over port reform: “Comply with the Court’s rulings”

Brussels – A warning to policymakers: on ports, deliver reforms that comply with EU rules and European Court of Justice rulings. The proposal to reorganise the national port system currently being considered by the Meloni government has prompted warnings from the European Commission, which “is in contact with the Italian authorities on the matter”, according to the Executive Vice-President responsible for Competition, Teresa Ribera. This means that Rome and Brussels are working together to ensure that the reorganisation of Italy’s ports proceeds not only smoothly but also in a way that secures the EU’s approval once the legislative process has been completed.

The national reform has sparked a backlash from the opposition at the European level, where the PD MEP, Brando Benifei, raises doubts regarding Porti d’Italia S.p.A., the new centralised body responsible for managing the Italian port system, to which, according to the draft proposal, a share of the revenue currently collected by the Port System Authorities would be transferred, including revenue from mooring fees, cargo levies, and concession fees. 

It is here that Ribera makes clear the extent of the European Commission’s contact with the Meloni government, specifying that the new port authority, Porti d’Italia S.p.A., must act in accordance with the rules and case law.  “The Court of Justice judgment of 2023, where the Court confirmed the Commission’s
requirement that Italy align the port authorities’ tax treatment to that of other companies
performing economic activities, is relevant in this context,” she said.

Whatever the final form of the reform of Italian ports may take, the Meloni government will have to meet this requirement. However, the executive vice-president points out that the judges in Luxembourg have also ruled that “granting access to port infrastructures and concessions for the use of land and port
infrastructures against remuneration qualifies as economic activities”. This criterion cannot be ignored, or future infringement proceedings will follow. The government has been warned.