The long-running dispute between the European Commission and Italy over beach privileges may soon end up in court and lead to a hefty fine for our country. Brussels decided to take a step forward in the violation procedure launched in 2020 by sending a reasoned opinion to Rome. As if to downplay the political significance of the letter sent to the government of Giorgia Meloni, the EU announced that this action did not harm the ongoing negotiations. Minister Matteo Salvini responded by saying that the Italian administration was ready to “immediately respond to the European Commission on the issue of seaside resorts”, adding that Brussels had “been working for months in the direction it desires”. However, looking at the 31-page reasoned opinion that EuropaToday was able to view, the Commission’s tone does not seem very diplomatic, on the contrary. And they suggest that rags may start flying on the Brussels-Rome axis.
The commission primarily objects to the government’s handling of the negotiations. Law 14/2023, which “aims to preserve the validity of existing ‘beach concessions’ until at least 31 December 2024, and potentially for an unlimited or indefinite period beyond that date,” was not adopted in Brussels. The Commission recalls that Italy’s previous extension measures were already “considered contrary to Union law” by a decision of the Court of Justice of the EU in 2016, and the consequences of this decision were subsequently confirmed by two decisions of the Italian justice in 2021. the system itself (more precisely, the Council of State). “Therefore, it can be concluded that in 2020, when the infringement procedure was opened, the Italian authorities did not respond to the objections put forward and the sentences of the Italian and European judges.” In fact, they re-proposed the same measures that had already been deemed illegal by EU justice because they contravened the now-famous Bolkestein directive.
“It is also noted – Brussels adds – that law 14/2023 was adopted despite parallel discussions with the Commission aimed at implementing the principles of transparency, non-discrimination and proportionality envisaged by the directive. Essentially, although the Italian government in Brussels had given the impression that it wanted to cooperate, Rome This attitude could have jeopardized the dialogue. The Commission also highlights how President Sergio Mattarella, when issuing the law, expressed “specific and relevant doubts” about the extension of concessions.
The contested provision dates back to February. Why did Brussels decide to intervene only now by sending a reasoned opinion? When asked about this, the Commission spokesman said these were normal bureaucratic times. However, suspicions are that the EU administration wants to prevent Rome’s new attempt to gain time, even by exceeding the deadline of December 31, 2024, from the very beginning. The government majority is, in fact, considering submitting a proposal to Brussels to solve the problem. These concessions are based on the mapping of the Palazzo Chigi technical chart carried out off the Italian coast and announced in early October. “The advisory desk established at the Presidency of the Council stated that, based on the available data after an in-depth analysis of the MİT, we cannot talk about resource poverty since only 33% of the resource (i.e. the Italian coast, ed.) is occupied by Salvini.”
As we will see, the definition of “scarce resource” is of central importance. In fact, according to the information that has emerged so far, the measure that the government wants to take will open calls for tenders, but only for currently unprivileged coastal areas and free beaches, without affecting those that have already been allocated. In this way, the number of companies operating in Italy will increase, the situation called “resource scarcity”, which is one of Bolkestein’s application criteria, will be eliminated and current concessions will be prevented. At least that’s the view of those working on the proposal. However, in its reasoned opinion, the Commission appears to be leading such a compromise astray.
In fact, Brussels refers precisely to the work of the October technical table and explains that resource scarcity should be calculated not only on a national scale, but also on a local basis, more precisely at the municipal level. Considering that it is the Municipalities that will grant the concessions. This is where the scarcity is clearly visible: in regions such as Liguria, Emilia-Romagna and Campania, for example, “almost 70% of beaches are occupied by bathing facilities”, according to Legambiente’s analysis. There are many municipalities, including popular seaside resorts, where facility occupancy exceeds 90% of available beaches.
“It is appropriate to reiterate the Commission’s position shown in the official notification letter, in the sense that it is clear that there is an element of scarcity, at least where ‘Swimming concessions’ are granted for a portion of state-owned sea, lake and river property available for recreational and tourist activities – writes Brussels – However, the Italian legislation in question provides for an automatic extension generally applicable to all ‘beach privileges’ in Italy”. In other words, the Commission warns that “even if it can be shown that there is no scarcity of natural resources in some specific cases, such provisions cannot take into account specific situations at the local level, being of a general and absolute nature.”
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Source: Today IT
Roy Brown is a renowned economist and author at The Nation View. He has a deep understanding of the global economy and its intricacies. He writes about a wide range of economic topics, including monetary policy, fiscal policy, international trade, and labor markets.
