ROME. There is an extension of the concessions until September 2027 and also compensation, but minimal (not on the value of the start-up of the business) in the event that a new entity takes over. On the reform of the beach concessions, after a long tug-of-war with Brussels, an agreement was reached for which the text should arrive today out of the bag on the table of the Council of Ministers, at least for an initial collective evaluation after the Minister for European Affairs Fitto obtained the OK from the majority parties.
Nothing to be done instead for the decree to save infringements which is made up of over 20 articles and for which there are still coverage problems, in particular on the 500 euro teacher card that the EU is asking to be extended to temporary teachers.
Fitto’s Christian Democrat Climb
The new deadlines
In essence, according to the draft closed yesterday evening, 4 pages in total, it provides – as mentioned – the extension of the effectiveness of existing concessions until September 30, 2027 (instead of December 31, 2024) without prejudice to any new tenders called in the meantime and the related new assignments.
It is also foreseen that in the presence of objective reasons that prevent the conclusion of the selection procedures, the deadline may be postponed “for the time strictly necessary for the conclusion of the procedure” and in any case no later than 31 March 2028.
By 31 July 2027, the Ministry of Infrastructure must transmit to the Chambers a status of the procedures updated to 30 June 2027, while by 30 June 2028 it must present the final report.
How to do the races
The text then details the methods and characteristics that the new tenders must have, specifying that the duration of the new concessions must last at least 5 years (and not exceed 20) in order to “guarantee the amortization and fair remuneration of the investments foreseen in the economic-financial plan of the successful tenderer”.
The issue of compensation
As for compensation, in the event of the concession being granted to a new concessionaire, “the outgoing concessionaire will be entitled to compensation from the incoming concessionaire equal to the value of the investments made and not yet amortized at the end of the concession, including investments made as a result of calamitous events duly declared by the competent authorities or as a result of subsequent legal obligations, net of any public aid or subsidy measures received and not reimbursed, as well as equal to what is necessary to guarantee the outgoing concessionaire a fair remuneration on the investments made in the last five years”.
The criteria, and also the amount of the new fees, will be established by a decree of the Minister of Infrastructure and Transport, in agreement with the Minister of Economy and Finance, which must be adopted by 31 March 2025. In the absence of this decree, the fees will automatically increase by 110%.
“The value of the investments made and not amortized and of what is necessary to guarantee a fair remuneration – specifies the law – is determined with an appraisal acquired by the granting body before the publication of the tender notice, issued in certified form and with an explicit declaration of responsibility by a professional appointed by the same granting body from five names indicated by the President of the National Council of Chartered Accountants and Accounting Experts”. The costs of the appraisal will be borne by the outgoing concessionaire.
In the event of the concession being issued to a new concessionaire, the completion of the new concession relationship is subject to the payment of compensation by the incoming concessionaire in an amount of not less than twenty percent. In the event of non-payment, the concession lapses without however determining “the continuation, in any form or manner however named, of the previous concession relationship”.
Requirements for new tenders
As regards the tenders, in addition to evaluating the amount offered in relation to the minimum set, among the various elements it will be necessary to take into account the quality and conditions of the service offered to users, also in relation to the program of interventions indicated by the bidder, with particular reference to those aimed at improving the accessibility and usability of the state-owned area, also by people with disabilities, as well as the offer of specific tourist services even in periods outside the high season; the quality of the facilities, artefacts and any other asset to be used for the concession, also in terms of architectural value and correspondence with local traditions; the offer of integrated services that enhance the cultural, folkloristic and food and wine specificities of the territory; the increase and diversification of the tourist-recreational offer; the objectives of social policy, health and safety of workers, protection of the environment and safeguarding of cultural heritage. Furthermore, it is not only essential to commit to employing, in a prevalent or total manner, personnel under the age of thirty-six, but also the number of workers of the outgoing concessionaire, who receive from this activity the prevalent source of income for themselves and their family unit, that each bidder commits to employ in the event of being awarded the concession.
No pre-emption
There is no right of pre-emption for outgoing concessionaires, but it is expected that in the evaluation of the offers both the technical and professional experience of the bidder in relation to comparable tourist-recreational activities, even those carried out under a concession regime, and the fact that the bidder, in the previous five years, has used a concession as the main source of income for himself and his family unit, will be taken into account.
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