PESCARA – The Council of State confirms the expiry of state concessions for beaches on 31 December last year, thus obliging the administrations to disapply any exceptions on 31 December 2024, and refers “to the principles of the EU Court of Justice” to give “immediately launched the tender procedure to assign the concession in a truly competitive context”.
The sentence underlines that the beach resource “is scarce”, sensationally denying what was claimed by the government in the mapping sent to Brussels and brought due to the failure to apply the Bolkenstein directive, a mapping also contested by the EU, because it also includes cliffs and stretches of coast not suitable to host bathing establishments.
The sentence published today and decided by the VII section on March 12, concerns a 2023 appeal by an owner of a bathing establishment in Rapallo. The judges refer to the “principles of the EU Court of Justice, 20 April 2023, and to all previous European jurisprudence to immediately start the tender procedure to assign the concession in a truly competitive context”.
Consequently, they underline the obligation for municipalities to disapply the exemptions by confirming the expiry of the concessions on 31 December last year. Furthermore, the sentence contests the fact that the beach resource is not scarce, a thesis instead supported by the government in the mapping carried out by the government and sent to Brussels and brought due to the failure to apply the Bolkenstein directive.
The PD deputy comments on the news, which is a cold shower for bathers, Luciano D’Alfonsofor which “the tender procedures must be activated without delay, defining the optimal functional areas at the level closest to the territory, valorising the factual and legal situations, in particular those deriving from administrative jurisprudence”.
The senator Gian Marco Centinaioknown for its connection with the seaside sector, has harshly criticized the decision: it claims that there is a state law that extends the concessions until 31 December 2024 and that Parliament, holder of legislative power, should see its laws respected by judiciary
The deputy of Avs Angelo Bonelli he rejoices: “The sentence disproves the mapping of the beaches of the Meloni government, which had extended the Italian beaches by 3 thousand km, bringing them from 8 thousand to 11 thousand, only to demonstrate that the beaches are a disposable asset and therefore not to put the current state concessions out to tender . A fraudulent game revealed by the judges”, urges Bonelli, announcing “a bill for free seas, to counter the government’s action that wants to defend privileges and privatize the sea”.
Concern and dismay on the part of beachgoers, for a “chaos that the country cannot afford once the season has started”, states the president of Federbalneari, Marco Maurelli. Even for the presidents of Assobalneari, the ruling could have “devastating effects on the sector which employs up to 300 thousand workers, as well as putting at risk the offer of seaside services, in which families and tourists risk no longer finding the establishments”. The request to the government is to urgently adopt a legislative measure to protect over 30 thousand companies and correct this incorrect interpretation of the administrative judges”.
Then there is the issue of negligible annual fees: according to a report by the Court of Auditors, the State collects just 92 million euros every year from over 12 thousand concessions. An average of around 7,600 euros per establishment, compared to average turnovers estimated at 260 thousand euros.
D’ALFONSO’S NOTE
The ruling of the Council of State regarding state beach concessions issued on 30 April leads me to reiterate some considerations.
The category of beachgoers is fundamental for the tourist position of the Abruzzo economy, has a significant social and employment burden and contributes to the identity of this region. The ruling from the Council of State dated 2021, signed by Filippo Patroni Grifficontains the solution within itself.
On page 47 it is said that the tender can provide ad hoc procedures that take into account the specifics of current realities, with all their experiences, peculiarities and local management characteristics.
In fact, we read: “also taking into account the interaction capacity of the project to be evaluated with the overall tourist accommodation system of the local area. Further elements of evaluation of the tender offer may concern the quality standards of the services and the social and environmental sustainability of the investment plan in relation to the type of concession to be managed. In the tender documents, the auction price must be based on the value at the time of the tender of the investments already made by the concessionaire”.
In the context of an expected reform of state property – which we would need, even if it is not currently a task on the government’s agenda – it is useful to clarify first of all that the tender for concessions must be carried out, selecting the type of tender to be carried out and the size of the contracting authority (municipal, provincial, regional or national), also because they may correspond to optimal territorial levels to be shaped,
Mapping is the measurement of the consistency of the value on the basis of which the tender is made; without mapping it is not possible to hold tenders or activate any project financing plans, which could provide for effective and sustainable collaborations between local authorities, entrepreneurs and authorities competent for the protection of the property and the principles of competition.
There are two European directives, 2014-89-EU and 2008-56-EU, which also entrust economic operators with the responsibility for maritime space protection quotas; it is difficult to imagine that those coming from outside – unfamiliar with the complex knowledge of the places – would be interested in taking on project profiles of this type,
The tender must be very clear about the scores to be established and assigned, what should be valued more and what less, due to the culture of sustainability; the alternative is that some mega-brand bringing extraneousness arrives and turns everything upside down;
Sustainability can be planned and can enhance everyone’s responsibility, without betting on forcing and deceptive initiatives with no future.
In summary, the tender procedures must be activated without delay, defining the optimal functional areas at the level closest to the territory, valorising the factual and legal situations, in particular those deriving from the very significant existing administrative jurisprudence and the significant social and employment realities , planning and contractual agreements dating back, since the European directives – in particular 2014-89-EU – also encourage shared and participatory protection of the maritime space corresponding to the mainland of our beaches in this direction.
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