We are running out, but the surprises continue until the last minute. The never ending story of the decree on liberalizations - which tomorrow he will land in the Senate Chamber – never ceases to give twists. The latest in chronological order is the one concerning the Antiturst. In the last few hours, the Palazzo Madama Industry Commission has approved an amendment to establish one mini-tax on large companies: the new heavy tax, in force since 2013, will be used precisely to finance the Competition and Market Authority.
But alongside the unexpected new entry, great classics still hold the table, which has been discussed for weeks now. After much effort an agreement was reached on the new ones pharmacies and in these hours we are trying to do the same with regard to i Taxi. Among the most important changes are also the definitive go-ahead for the spin-off of Eni and Snam in certain times and the agreement on railway contracts.
Now let's see in detail what are the main changes to the liberalization decree:
PHARMACIES, AGREEMENT ON THE "QUORUM": ONE FOR EVERY 3.300 INHABITANTS
According to what was reported by the rapporteur for the liberalization decree, Simona Vicari (PDL), an agreement was reached to open new pharmacies so that the new proportions reach one establishment for 3.300 inhabitants. In this way, Vicari assured, the government's objective of opening about 4.800 new pharmacies is maintained, where, moreover, from next year it will be possible to buy single-serving packs. Instead, it arrives in the competitions for the opening of new pharmacies with "reserved quotas" in favor of those who manage a parapharmacy.
TAXI: POWER TO THE AUDITORS WITH AN AUTHORITY OPINION
Competence over taxi licenses is back in the hands of the Municipalities, which however will have to ask the Transport Authority for a prior opinion, which will also be able to appeal to the TAR regarding the mayors' decisions. On taxi licenses "Municipalities and Provinces, within the sphere of their competences - reads the text -, provide, after obtaining a prior opinion from the Authority" for Transport, to "adapt the taxi service".
The decision will have to be taken in compliance with a series of criteria: the monitoring that will be carried out by the Authority itself, an investigation into the "cost benefits, including environmental ones and in relation to proven and objective mobility needs and demographic and territorial characteristics". In the previous version, the Authority's opinion was "mandatory and not binding", while this clarification is omitted in the new text.
TAX TO COMPANIES TO FINANCE THE ANTITRUST
Starting from 2013, a contribution from large companies (those with revenues exceeding 50 million euros) equal to 0,08 per thousand of turnover was established for the functioning of the Competition Authority. “Any changes” to the amount and methods of contribution “may be adopted by the Authority itself with its own resolution, within the maximum limit of 0,5 per thousand of the turnover resulting from the financial statements approved prior to the adoption of the resolution”. However, the maximum contribution threshold remains unchanged, which cannot exceed one hundred times the minimum amount.
SNAM-ENI SEPARATION FROM SEPTEMBER 2013
Certain times for the spin-off of Eni from Snam: by May 2012 there will be the decree of the presidency of the council which will have to indicate "the criteria, conditions and methods" of the separation, while by September 2013 the "ownership separation" model will have to be adopted ”.
PROFESSIONALS: STOP OBLIGATORY QUOTES, BUT GOODBYE RATES
Confirmed the government's step back on the obligation of professionals to make a quote "in written form" to the customer if the latter requests it. Green light also to the flat-rate and "agreed" "reimbursement of expenses" only after the first six months for trainees. The repeal of tariffs in regulated professions also remains.
CORPORATE COURTS RISE TO 20
The company courts established with the cresci-Italia increase from 12 to 20. The new sections – born from the conversion of others already present in some courts – will deal with disputes on industrial property, unfair competition, copyright, class action and lawsuits between partners. Lombardy will be the only region to have two: in Milan and Brescia. Turin and Venice will be responsible for Valle D'Aosta and Trentino Alto Adige respectively.
SRL FOR UNDER 35, THE NOTARY IS FREE
Young people under 35 will be able to start limited liability companies by paying a symbolic price of one euro, to which not even notary fees will be added. The public deed will remain mandatory, but in these cases the notaries will be forced to work for free.
OK CORPORATE CONTRACTS FOR RAILWAY COMPANIES
For railway companies and international associations of railway companies, the obligation to comply with the national collective agreements of the sector remains suspended, but the working conditions of the personnel must be defined by the "collective bargaining carried out by the most representative organizations at national level". Basically, working conditions can be negotiated between the most representative trade unions at national level and the company itself.
STOP AT BANKS-FOUNDATIONS CROSSES
Anyone who carries out guidance, management and control functions in foundations cannot sit on the management and control bodies of banking companies that compete with the transferee bank at the same time.
