Concessions for the management of the gas distribution service

10.7.2013

Question for written answer E-008315-13
to the Commission
Rule 117
Giuseppe Gargani (PPE) , Paolo Bartolozzi (PPE) , Antonio Cancian (PPE) , Carlo Casini (PPE) , Lara Comi (PPE) , Giovanni La Via (PPE) , Clemente Mastella (PPE) , Alfredo Pallone (PPE) , Aldo Patriciello (PPE) , Gino Trematerra (PPE) , Potito Salatto (PPE)

In Italy concessions for gas services are regulated by Article 46a of Legislative Decree 159/2007, which stipulates that tender procedures must be completed for minimum territorial areas, and by its implementing provisions, in particular Ministerial Decree 74/2011, which identifies 177 minimum territorial areas, Ministerial Decree 252/2011, which lists the municipalities belonging to each minimum territorial area, Legislative Decree 93/2011, which stipulates that tender procedures for awarding concessions must be completed ‘only for minimum territorial areas’, and Ministerial Decree 226/2011, which lays down the criteria for managing tender procedures and evaluating bids. The latter Ministerial Decree contains vague rules and places excessive bureaucratic burdens on municipalities, which are deprived of their decision-making autonomy since they are obliged to delegate the management of tender procedures and the evaluation of bids to a third party. In particular, Article 4 of Legislative Decree 69/2013 stipulates that if municipalities do not adhere to the time limits laid down by Ministerial Decree 226/2011, the Region must appoint an adjudicator to complete the tender procedure. In practice, therefore, the muddled procedures discourage municipalities from issuing new invitations to tender that, due to the high costs involved, allow only a few operators to participate, with a consequent loss of income.

The time limits laid down would also mean that tender procedures have to be carried out at the same time in numerous areas, effectively limiting any potential competition. To date, not a single area tender procedure has been completed, and the existing operators continue to manage the gas distribution service on the basis of legal exceptions. As far back as 2007, the Commission noted, in its sector inquiry into the gas and electricity markets, that competition was being seriously distorted by barriers to market entry.

Does the Commission consider it appropriate to launch a new inquiry to assess whether free competition and the freedom of establishment are being infringed or whether the market is being distorted in contravention of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) on competition? If necessary, will it take any corrective action and apply any penalties?

OJ C 65 E, 05/03/2014