The news of the competition bill, more transparency on concessions

Transparency and mapping of concessions and new rules of transparency and return on investments in the procedures for awarding the gas distribution service to facilitate the conduct of tenders. These are some of the novelties of the competition bill approved by the Council of Ministers.

Transparency and mapping of concessions

The provision provides for a delegation to the Government to set up an information system for detecting the concessions of goods, in order to promote maximum publicity and transparency of the main data and information relating to all concessionary relationships. The following legislative decree must, among other things, define the objective scope of the survey including all the acts, contracts and conventions that entail the attribution to private or public subjects of the exclusive use of the public property; provide for the full knowledge of the duration, of the renewals in favor of the same concessionaire, of a company controlled by the concessionaire or of a direct family member, of the rent, of the beneficiaries, of the nature of the concession, of the owner body and, if different, of the managing body, as well as any other data useful for verifying the persistence in favor of the same subject of the concessions and the profitability of the economic use of the asset in a perspective of protection and enhancement of the asset itself in the public interest.

Concession of port services

The provision provides that the concessions for the management of the ports are assigned on the basis of public procedures guaranteeing conditions of effective competition. Concessions must be awarded, after determining the relative fees and publishing a public notice, on the basis of competitive procedures.

Natural gas distribution concession

The article introduces further rules of transparency and return on investments in the procedures for awarding the gas distribution service to facilitate the conduct of tenders. In particular, incentives are introduced in favor of the local authority in order to proceed in a timely manner with the tenders, especially with regard to the economic evaluation of the distribution networks and plants.

Hydroelectric concessions

The text establishes that the procedures for the assignment of concessions for large hydroelectric shunts are carried out according to competitive, fair and transparent parameters, on the basis of an adequate economic valorisation of the concession fees and an appropriate technical valorisation of the interventions to improve the safety of the infrastructures. existing. The process of assigning concessions for large hydroelectric derivations must be started by 31 December 2022: after this deadline, the Ministry of Infrastructure and Sustainable Mobility promotes the exercise of substitute powers.

Local public services and transport

The Bill aims to ensure greater quality and efficiency in the provision of local public services, providing for a series of rules aimed at defining a regulatory framework that is more consistent with the principles of European law. Particular attention is paid to local public transport, including non-scheduled ones.
In this perspective, rules are introduced aimed at:
redefine the regulation of local public services, in order to strengthen the quality and efficiency and rationalize the use by local authorities of the instrument of in-house companies, also through the provision of the obligation to demonstrate, by the same bodies, the reasons for the lack of recourse to the market, the benefits of the in-house form from a financial point of view and the quality of services and the results achieved in previous operations through this self-production system;
redefine the rules on non-scheduled public transport, also in order to adapt the regulatory framework to innovative forms of mobility;
encourage the award of local and regional public transport services through public tender procedures;
devolve the settlement of disputes between economic operators that manage transport networks, infrastructures and services and users or consumers to conciliatory procedures managed by the Transport Authority;
strengthen controls when setting up new in-house companies by public administrations.

Environmental sustainability

The bill gives an impetus to the construction of the network of electric power stations. In particular, the article in question defines criteria for the selection of operators who will be responsible for the installation of electric charging infrastructures by local authorities and motorway concessionaires so that the choice is made through transparent and non-discriminatory competitive procedures.

Waste management services

It is proposed to promote the introduction of greater competition in the waste management chain, in order to favor the pursuit of the objectives resulting from the diffusion of the circular economy. In particular, with regard to non-domestic users, the minimum duration of the agreements that non-domestic users must stipulate for the collection and recovery of their waste is reduced from five to two years in order to promote greater competitive dynamism in offer of such services. With regard to the integrated waste management service, the quality standards for the provision of disposal and recovery activities are strengthened, attributing specific regulatory responsibilities to the Arera.

Health protection

The bill also intervenes in the field of health in several points.
facilitates access to accreditation of private health facilities and introduces dynamic criteria for the periodic verification of affiliated private facilities;
overcomes the current obligation for the holder of the wholesale distribution authorization to hold at least 90% of the medicines in possession of an MA, reducing the constraint to an assortment suitable to meet local needs;
eliminates barriers to market entry for generics; it encourages pharmaceutical companies to define the redemption price (which is negotiated with AIFA), providing that in the event of inertia the alignment at the lowest price is applied. Eliminates the discretion to identify medical managers, providing that they are selected by a commission composed of the medical director of the company concerned and three directors, at least two from different regions, assigning the task to the candidate who has obtained the highest score. tall.

Electronic communications

The measure also intervenes on various points relating to digitization. For example, with regard to the construction of new generation infrastructures, the standard facilitates the work for the construction of physical infrastructures by allowing the passage to existing networks. The standard introduces coordination obligations between managers of physical infrastructures and network operators for the construction of high-speed communication networks. Furthermore, it introduces the obligation for the operators of telephony and electronic communications to acquire the express consent for all subscription services offered by third parties, including text messages and mms.

Removal of burdens for businesses

The provision delegates the Government to review the administrative regimes of private activities, to simplify and digitally re-engineer procedures.

Simplification of controls on economic activities

The Bill delegates the Government to make controls on economic activities more effective, efficient and coordinated.

Insurance

The obligation to adhere to the direct compensation procedure also extends to companies with registered offices in other Member States that operate on Italian territory.

Strengthening of antitrust enforcement powers

Various changes are made in order to strengthen the power to ascertain offenses due to violation of competition law by the Competition and Market Authority. Among other things, regulations are introduced aimed at: strengthening the powers of assessment of concentration operations restricting the freedom of competition, ensuring greater consistency of the national regulatory framework with that adopted by the Commission and the prevalence of European Union countries; strengthen the powers to combat the abuse of economic dependence.

By Editor

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