Commission requests Italy to comply with EU rules on public service
contracts for regional ferry services
The Commission has called on Italy to comply with EU rules on public service
contracts once they have expired thereby respecting the principle of
non-discrimination among European ship owners.
Italy has failed to launch competitive procedures for the award of three
public service contracts operated by regional shipping companies, in Campania,
Latium and Sardinia.
The contracts have expired at the end of 2008, they have been automatically
extended afterwards and no competitive procedure has been launched yet for the
award of new ones.
If Italy fails to inform the Commission within two months of the measures
taken to ensure full compliance with EU law, the Commission could refer the case
to the EU Court of Justice.
The EU rules
Under the regulation which has liberalised maritime cabotage, Member States
may conclude public service contracts in order to provide their islands with
adequate shipping services, but if they do so, they have to respect the
principle of non-discrimination among European ship owners.
The principle is respected if public service contacts are awarded further to
a competitive procedure.
The reason for lodging a formal complaint
The current contracts for regional ferry services in three regions, which
technically have expired at the end of 2008, have been extended by means of
several legislative provisions. So far, they have not been subject to any kind
of competitive procedure yet by the Italian authorities.
The services are operated by the shipping company 'Caremar' within the
Campania region, by 'Laziomar' within the Latium region, and by 'Saremar' within
the Sardinian region - all of which used to belong to the former Italian
'Tirrenia Group'.
The Italian authorities have decided to combine the tenders for the public
service contracts with the privatisation of the companies belonging to the
former Tirrenia Group.
The practical effect of non-implementation
To let the existing public contracts run prevents other European shipping
companies from having a chance to provide public service and users from
benefiting of public service improvements.
A competitive procedure for public service is especially crucial in the Gulf
of Naples, where several operators compete with the incumbent 'Caremar'.
Next steps
The Commission's request takes the form of a reasoned opinion under EU
infringement procedures.
If Italy fails to inform the Commission within two months of the measures
taken to ensure full compliance with EU law, the Commission could refer the case
to the EU Court of Justice.
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