“Save Open Fiber” rules and limits to Poste’s governance on PagoPA. This is what is foreseen by two government amendments to the Pnrr decree presented to the measure, now being converted in the Chamber.
The amendment on Open Fiber
Presented by the government to address delays in some parts of the Italy Giga plan, the amendment allows the operators awarded the tenders to replace a series of house numbers, which turned out to be non-existent due to incorrect initial mapping, with other adjacent addresses. However, there is a condition to be respected: the new numbers must be identified within 30 days of signing the additional documents to the agreement initially signed with Infratel. If the deadline is not respected, the control room on the Pnrr of Palazzo Chigi will be able to exercise replacement powers. In practice, the lots for which Open Fiber would still be in default of the time schedule would be revoked.
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PagoPA, stakes on the powers of the Post Office
The government corrects its approach to PagoPA. The government amendment to the Pnrr decree prohibits Poste Italiane from entering into shareholder agreements that would lead it to have a dominant influence on PagoPA. At the same time it provides that the CEO of the public payments company must be the representative of the majority shareholder (Poligrafico dello Stato which would have 51% after the sale) as well as the majority of the directors.
The delegated body – we read in the text – will be reserved for “the resolution proposals regarding services provided via a technological platform for interconnection and interoperability between public administrations and authorized payment service providers and the digital platform for notifications, as well as the appointment and dismissal of managers with strategic responsibilities”.
PagoPA must then guarantee equal treatment to all those who operate on the platform and must adopt management measures to avoid the exploitation of commercially sensitive information.
The objective, as explained in the technical report, is to guarantee “equal treatment between payment service providers participating in the payment platform” and to adopt “consequently the management and organizational safeguards that are also functional to avoid the exploitation of commercially sensitive information relating to all services provided by the company”.
Furthermore, the amendment presented by the government recognizes the preventive control of the Antitrust on this type of concentrations.
Intermonte’s comment
The guidelines for the divestment of PagoPA included in the Pnnr Decree therefore establish precise limits to what Poste could implement in terms of governance and changes to the competitive conditions in its favour. “In light of these amendments – explain the Intermonte analysts – we believe that the alternative hypotheses to the sale of 51% to Poligrafico dello Stato and 49% to Poste Italiane are to be excluded, with the Decree paving the way for the sale of 49% of PagoPA to Poste Italiane”.
The CEO of Poste, Matteo Del Fante, on the sidelines of the presentation of the new strategic plan last March 20, declared that, although Poste is ready to buy 49% of PagoPA, the numbers underlying the transaction would have a limited impact on the target of the Poste Group.
Digital procurement platforms
There is also news on the front of digital procurement platforms. Another government amendment allows Agid “until 31 December 2025” to “issue the certification of DIGITAL procurement platforms on the basis of the declaration presented by the managers of the platforms”. This is a transitional simplification measure which – explains the technical report – by virtue of the obligation (provided for by the Public Contracts Code) for all contracting authorities to use these certified platforms for public contracts and considering the “implementation difficulties encountered for the timely certification of the same platforms”, allows Agid to “attest the conformity of the platforms through self-certification of the managers of compliance with their requirements”.
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