After eight hours of debates, the Council of Ministers approved the decree law on liberalisations. The goal is open the market in different sectors: from the tariffs of the professions to energy, from fuels to insurance, from highways to railways, passing through the now famous lawsuits on pharmacies and taxi. The text inaugurates the so-called "phase two" of the Technical Executive, the one that should allow Italy to rekindle the engine of growth.
The measures on administrative simplification have been postponed until next week. The text approved today by the CDM also includes the provisions on infrastructure and project financing. Among the various interventions also the beauty contest block Berlusconi on the auction of TV frequencies.
Let us now see what the main points of the decree are. The President of the Republic Giorgio Napolitano has defined them as "substantial and incisive" measures, however there are some significant steps backwards compared to the versions that had been reported in recent days.
PROFESSIONAL RATES
It provides for the repeal of "all professional rates, both minimum and maximum" and the introduction of the mandatory estimate. The Government provides that the table with which the number and residence of notaries is determined be immediately increased by 500 seats. Furthermore, on 30 June of each year between 2012 and 2014 "a public competition for the appointment" of 500 notaries will be announced.
ENOUGH CONSTRAINTS FOR STARTING ENTERPRISES
"The rules that provide for numerical limits, authorisations, licenses, clearances or preventive deeds of assent from the Public Administration for the start-up of an economic activity" are abolished.
The Premier explained that "the establishment of a type of company called simplified limited liability companies for young people up to 35 years of age with capital of 1 euro and simplified procedures is also being favoured, so as not to discourage entrepreneurial activity".
LOCAL PUBLIC SERVICES: INDIVIDUALS ENTER
Public service companies controlled by local authorities will be able to enter private individuals and their shares will increase over time. The Minister for Development, Corrado Passera, claims that this "will favor the aggregation of companies in order to make them more competitive" and offer a better service to citizens.
BANKS: BASIC CURRENT ACCOUNT AND CAP ON BACOMAT WITHDRAWAL FEES
Cap on bank commissions on ATM withdrawals. The basic current account is coming, with an ATM and less costs. To know more, click here.
PETROL AND FUEL
No abolition of exclusivity in the contract that binds managers and companies. Only managers who are owners of the plant at the same time (a clear minority, just 500 in all of Italy) will be able to purchase the brand of fuel they prefer, but in a quantity not exceeding 50% of the total supplied. The Unione Petrolifera was satisfied. The possibility of opening new self-service facilities survives, but only outside inhabited centres. Petrol stations will also be able to sell other products, such as newspapers and tobacconists.
SEPARATION OF SNAM SPA DA ENI
All of Snam Spa (which in addition to Snam rete gas also includes Stogit, Italgas and Gnl Italia). The transaction must be completed within six months of the entry into force of the decree.
"PROJECT BOND" FOR THE DEVELOPMENT OF INFRASTRUCTURE
Companies created to build or manage a single infrastructure or a new public utility service will be able to issue bonds, provided they are intended for subscription by "qualified investors".
THE TRANSPORT AUTHORITY IS BORN
It will have to define the rules for the new motorway concessions and will evaluate the possible demerger of Rfi from Fs.
TAXI: NEW LICENSES, POWER TO THE AUTHORITY
The possible increase in licenses in the various municipalities will be established by the new Transport Authority, which will assess the need for taxis city by city after listening to the mayors. In the event of an increase in taxis, there are “tangible compensations for taxi drivers who are already licensed. The possibility for the same person to have more than one license is excluded.
The undersecretary to the Prime Minister, Antonio Catricalà, explained that the decree also provides for “mobility from one city to another. It will be the Authority that dictates the rules, with the agreement of the mayors, which will allow the mobility of taxis from one city to another and the same taxi driver may hold a part-time license which allows him to make another taxi driver work in the moment in which he does not use his own vehicle”.
PHARMACIES ON THE RISE, BUT NO RANGE C DRUGS IN PARAPHARMACIES
The aim is to open 5 new pharmacies with a single extraordinary competition, to reach one for every 3 inhabitants. Shifts and opening hours are liberalised. The pharmacist will have to indicate to the customer "the lowest priced medicines". Nothing to do instead for the sale of class C drugs in parapharmacies.
Regions that don't who will not approve within 120 days of the entry into force of the law converting the decree the organic plan necessary for the opening of new pharmacies and will not announce the extraordinary competitions for the coverage of the new offices in the following 30 days, they will be commissioned.
DEALERS: THE OFF-SEASON SALES ARE HERE
The possibility for merchants to apply discounts freely disappears from the decree. Simply granted some sales outside the canonical seasons.
AUTO TPL INSURANCE: DISCOUNTS FOR BLACK BOXES AND NO PAPER MARKS
Discounts on third party liability for those who agree to install a black box on their vehicle, the installation of which is the responsibility of the companies. As far as insurance agents are concerned, before taking out any policy they will have to inform customers about the contractual conditions practiced by other companies.
Furthermore, to combat the phenomenon of forgery, the total abolition of paper marks for motor liability insurance is envisaged within six months, which will be replaced by electronic or telematic systems.
INSURANCE: AT LEAST TWO QUOTES FOR POLICIES LINKED TO MORTGAGES
If they make the disbursement of the loan conditional on the signing of a life insurance contract, the banks will have to submit to the customer at least two estimates from different insurance groups.
LAW: THE “COMPANY COURT” IS BORN
The new sections – born from the conversion of other sections already present in some courts – will deal with disputes on industrial property, unfair competition, copyright, class action and lawsuits between partners.
RAILWAYS: NO SEPARATION OF FS FROM RFI, WORD TO THE AUTHORITY
On this front, at least two fundamental measures have disappeared from the decree. The FS holding retains ownership of the RFI railway network. Goodbye also to the obligation to tender for the concession of regional transport by the Regions. The new Transport Authority will decide on the separation, which "after a suitable period of observation of the dynamics of the liberalization processes, will analyze the efficiency of the different degrees of separation between the company that manages the infrastructure and the railway company, also in relation to the experiences of the other Member States of the European Union. As a result of the analysis, the Authority will prepare a report to the Government and Parliament"
HIGHWAYS: MAXIMUM TOLL ONLY FOR NEW CONTRACTS
The current managers of the Italian motorways are saved. The cap on the toll to be imposed will be fixed only for the new management contracts.
NEWS FOR NEWSSTANDS
The minimum surface area limit for the sale of daily and periodical press has been abolished. The decree also provides for the possibility for newsagents to "apply discounts on the goods sold". Furthermore, they will be able to "refuse supplies of complementary products supplied by publishers and distributors and can also sell any other product at their headquarters".
MEDICAL
The obligation to specify the equivalent generic drug in the prescription is also on the way.
LAWYERS: INTERNSHIP OF MAXIMUM 18 MONTHS, OF WHICH 6 AT UNIVERSITY
To enter the world of work, young people will be able to carry out an internship of a maximum of 18 months, of which the first six can be completed within universities.
COPYRIGHT: MORE MARKET, BUT SIAE REMAINS MONOPOLY
"In order to encourage the creation of new businesses in the sector of the protection of the rights of interpreters and performers - reads article 43 - through the development of competitive pluralism, allowing effective participation and control by the owners, the administration and intermediation of rights related to copyright, in any form implemented, is free”. Without prejudice, the decree says, to the functions assigned to SIAE in this matter.
Attachments: LIBERALIZATIONS DECREE.pdf
