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23 October 2019 The on-line newspaper devoted to the world of transports 19:48 GMT+2



March 27, 2019

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Original news
Filt Cgil restates the own absolute contrarietà to the self-handler in the ports

To grant the authorization to the self-handler - denunciation the union - violates the so-called "Dockers present Clause" in which signed international contracts from the ITF and world-wide the shipowning associations

Filt Cgil has restated the own absolute contrarietà to the effettuazione of operations in self-handler in the ports. In new expressed from the labor organization it does not reach after the Regional administrative court, with sentence for Sicily published monday, has rejected the resource introduced from Harbour Enterprise Srl, the company of the harbour workers of the port of Trapani, against the Authority of Harbour System of the Sea of Western Sicily and the Harbour office of Trapani face to appeal the actions with which the harbour agency it has disciplined the activity of rizzaggio, derizzaggio, fardaggio and implantation of cargos characterizing them as "harbour services" rather than as "harbour operations", activity - this last one - turns according to in the port of Trapani from Harbour Enterprise ofart. the 16 "harbour Operations and harbour services" of law 84/94. In the resource, in fact, Harbour Enterprise has specified that the AdSP of the Sea of Western Sicily, in approving of the new regulations for the release of the authorizations of which to art. the 16 of law 84/94, has included between the harbour services also the activities of "rizzaggio, derizzaggio, taccaggio" reported to the rubberized motor vehicles and means to embark or to disembark, excluded the fleeting motors vehicle to the continuation; let alone, the activities of "implantation or fardaggio of the goods".

The REGIONAL ADMINISTRATIVE COURT, receiving the exception of improcedibilità of the resource raised from the defense of the AdSP and the Harbour-office, has established that the resource has become improcedibile for supervened deficiency of interest as, with decree n. 7 on May 25, 2018, the ADSP had modified the regulations only for the port of Trapani, previewing a transitory phase for the rizzaggio activities and derizzaggio of rotabili and motors vehicle on ships ro-ro and, in particular, the terms of effectiveness of the same regulations, in the blackberries of the release of the authorizations in application of the new regulations. "In truth, as announced from the revenue defense - they have observed the magistrates in the judgment - the recurrent one she has been rizzaggio authorized person for services harbour, derizzaggio in the port of Trapani, failing, in such a way, the dictated transitory regime in the blackberries of the release of the new authorizations".

However, in the judgment, the REGIONAL ADMINISTRATIVE COURT has examined also that which defines "the central issue, around which is articulated the doglianze adverse the regulations, with specific with regard to the legal qualification of the activities of rizzaggio and derizzaggio". In the provision the court, finding that Harbour Enterprise supports that "such activities take part of the operations of ‘boarding, disembarkation, handling goods and motor vehicles’, evidencing of having always carried out such ricomprese activities as in the authorization to the exercise of the "harbour operations", he has established that "the resource, so as looked on to, is not founded".

Explaining because the college of the magistrates has estimated the infondatezza of the resource, in the judgment, doing again itself to the dispositions of law 84/94 let alone of you decree ministerial n. 132 on February 6, 2001 and n. 585 on March 31, 1995 and of I decree legislative n.272 on July 27, 1999, the Regional administrative court has specified that the college, from the examination of this norm, has observed that "it emerges that the activities of rizzaggio and derizzaggio are activity taken in consideration from the legislator, and disciplined also as functional to safety of navigation. Now, although art. the 16, Co. 1, ricomprenda in the within of the harbour operations "the cargo, the drainage, the transfer, the warehouse, the movement generally of the goods and every other material, carried out in the harbour within" - law in the judgment - to warning of the college the rizzaggio and the derizzaggio re-enter between the specialized activities - regarding the harbour operations of which to art. the 16, Co. 1, of the l. n. 84/1994, constituent a numerus clausus - not necessarily connected to the cycle of the harbour operations in relation to the movement of the goods. It must in particular be found - the sentence continues - than the rizzaggio cannot be led back that's it to the harbour operations, as such specialized activity is necessary activity, but to eventual character, since all the handling operations goods do not demand the rizzaggio activity: it is thought, for example, to the cargo of the goods helter-skelter, which is carried out without rizzaggio. Moreover, for how much already found also taking into consideration the specific norm, the rizzaggio and the derizzaggio - with the exception of mere cargo handling - are not only characterized for the economic aspect, but also for the profile of safety of navigation; sicché, such specialized activities cannot be considered on a level with free activities, as such implicitly ricomprese in the cargo and drainage and handling goods. It must also be observed that, to wanting to follow the thesis of recurrent part, such peculiar activities substantially would lose their autonomy regarding the harbour operations, by which they would not be differentiated, remaining lacking in a specific regulation; whereby, own the important profiles of the safety - which evincibili from the total brought back normative picture on - impose the release, by the Authority, of the authorization to each enterprise that it wants to carry out such activities; with consequent necessity, for all the operating enterprises in the harbour within, to indicate, in the requests of authorization, for which specific activities they ask for being qualified, in the consideration that the Authority must estimate the profiles of safety of navigation and the landing place".

Moreover in the judgment it is emphasized that, "as found also from the appeal judge, ‘… It achieves from how much over that, in harbour matter, the performances can be qualified as specialized, if pilotage, towing, battellaggio, mooring) or for the type of the performances returned from the supplier concessionaire for same safety of the workings characterized from a particular technical competence for they nautical nature ((when they also join in an only productive cycle integrated of the transport service), while the complementarity and the accessorietà consist in the fact that the harbour services, being activities distinguished from those making part of the cycle of the harbour operations but in role serving to these, they must be functional to the profitable development of the same cycle contributing to improve of the quality in terms of productivity, celerity and slimness, or must be necessary in order usually to eliminate residual or undesired consequences of the harbour operations (, of general interest which cranes of dock, rizzaggi, handling of the container and they spuntature, weighing and control of seals, bunkeraggio, supplyings for the ship, collection of the refusals, accomplishment of customs implementations, in the genre consisting in turned activities according to cover the entire cycle of the services demanded from a ship the best accomplishment of the harbour operations)….‘"

"Therefore - the sentence of the REGIONAL ADMINISTRATIVE COURT continues for Sicily - in the knowledge of the characteristic detailed lists of the activities in interest - anyway, in the past assimilated to the nautical services technical - the rizzaggio and the derizzaggio can be led back according to the discipline of the harbour services, as closely connected (where necessary the type of operation) to the cycle of the operations that are carried out in the port, and having, besides on important profiles of safety found involgenti pubblicistiche purposes, also an economic aspect and, therefore, necessarily subordinate clauses to the autorizzativo power of the Harbour Authority. It appears, therefore, coherent with the normative picture of reference that the burdened regulations adopted from the AdSP have disciplined to the rizzaggio and derizzaggio of motor vehicles and rubberizing means including them between the specialized harbour services, coming in relief a complex of activity finalized to safety of navigation and the landing place in relation to the cargo, drainage and cargo handling (and rotabili). It re-enters, consequently, in the discrezionalità of the Harbour Authority the task to characterize, in consideration of the situation of the port, the riconducibili activities to the harbour services".

Of different warning the Filt Cgil, second which such sentence "is not in favor of the shipowners, does not move of a comma the current regolatorio system, neither - it has specified the union - our position and neither tantomeno our force of useless practical contrast to and a harmful one for the entire harbour community". "The practical one of the self-handler - it has observed the Federation of the Transports of Cgil - confligge with the general and negatively impatta interest on the respect of safety and the rights of the harbour and marine workers. However it is famous that the law it orders in the harbour operations and we, in such cases, we are in favor of the respect of the criteria that of it discipline the necessary and obligatory authorization. The presidents of the Authorities of Harbour System in coordination with the Harbour offices have, therefore, the duty to monitor, to verify, to control and, in the violation cases, to endorse the trasgressori”.

“Instead a problem that deserves a more punctual reflection - it has concluded the Filt Cgil - is the insufficient will, the inability or the little authority of the AdSP regarding the navigation companies that use the oblique weapon of the blackmail of the transfer of the traffics from a port to another if not favoured. To grant the authorization to the self-handler violates the so-called “Dockers present Clause” in which signed international contracts from the International Federation of the Transports and from world-wide the shipowning associations”.




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