(Telestock) – “The theme of the Bathing Establishments which, as expected, has been highlighted throughout the summer, perhaps reaches a turning point, through the decree law approved last September 4th”. He explains Claudio VinciLawyer at the Supreme Court, stressing that the provision with the rules on bathing establishments is part, more precisely, of the decree law that introduces urgent provisions for the resolution of pending infringement and pre-infringement procedures against the Italian State, approved by the Council of Ministers on 4 September 2024. The decree law will facilitate the closure of 16 infringement cases and one EU Pilot case. In at least 6 cases, the rules introduced are able to lead to immediate archiving, in compliance with the technical times of the European Commission; in another 11 cases, the rules adopted by the Government constitute an essential premise for reaching archiving quickly. Overall, therefore, the approval of the provision of 4 September will allow Italy to significantly reduce the number of pending infringement procedures, which will allow it to reach the historical minimum number of pending procedures and align itself with the European average. And it is believed that this is good news for the citizens’ pockets, considering that the infringement procedures then turn into very onerous sanctions for the Italian State.
Among the procedures affected by the decree – Vinci explains – State concessions at sea, lakes and rivers for tourist-recreational and sporting purposes are of particular importance (n. 2020/4118), the subject of this study. With particular reference to the infringement procedure on beach concessions, the subject of which is known to all, the collaboration between Rome and Brussels has made it possible to find a balance between the need to open the concessions market and the opportunity to protect the legitimate expectations of current concessionaires, allowing a long-standing and complex issue of particular importance for Italy to be concluded. The main points of the reform of beach concessions are first and foremost the extension of the validity of current concessions until September 2027, and the simultaneous obligation to start tenders by June 2027. Possible derogations to the new expiry date of beach concessions of 30 September 2027 are foreseen in the presence of “objective reasons” but “no later than 31 March 2028”. This is certainly an important result achieved by Italy with Brussels, considering that the current expired concessions were supposed to be put out to tender by the end of 2024. Furthermore, the duration of the new concessions is established from a minimum of 5 to a maximum of 20 years, in order to ensure that the concessionaire can amortize the investments made. Among the obligations of the incoming concessionaire and new winner, the hiring of workers employed in the previous concession is established, who received from this activity the main source of income for themselves and their families. A particularly relevant issue is also that of compensation for the outgoing concessionaire.
The compensation for the outgoing concessionaire and paid by the incoming concessionaire “is established in the amount of the value of the depreciable and not yet depreciated assets and the fair remuneration of the investments made in the last five years. There is already discontent on this criterion from the category, which would like the compensation to be rather parameterized to the value of the beach establishment at the time of the tender. Furthermore, the time horizon of 5 years seems too short, considering that between the Covid emergency and the uncertainties linked to the continuous extensions, all or almost all operators have stopped investing in their beach establishments in the last five years. Furthermore, among the criteria for evaluating the offers, at the tender stage, having been the holder, in the previous five years, of a beach concession as the main source of income for oneself and one’s family unit will also be considered. It should be noted that this criterion is not seen favorably by Brussels because it would end up favoring the outgoing operators, to the detriment of the principle of competition and equal opportunities. In conclusion, the initiative of the Italian Government should be evaluated positively. However, there is no lack of possible criticism, which has already emerged, moreover, from trade associations on the subject of compensation”.
On the subject of compensation, “it would be desirable, when converting the law, establish more balanced criteria that give greater value to the investments that have been made over the years by the outgoing concessionaires.Another important consideration is that the three-year moratorium for new tenders could have negative effects on the use of beach services by citizens from now on and until 2027. In fact, it is feared that in view of the tenders, the current managers of the establishments will refrain from making new investments and even maintenance of the structures, with possible negative repercussions on tourism. It will also be necessary to intervene on this aspect by recognizing the outgoing managers of the entire amount of investments on the compensation to be paid”, concludes Vinci.