Suspend the procurement code? The no of Filca-Cisl and Finco after the interview with the Antitrust president Rustichelli- Corriere.it

«The labyrinth of norms» is transformed «into a barrier to entry and exit. What this country has no need for. If we want to start again, and the Recovery Fund represents the great opportunity, we must lighten the pathological effects of the bureaucracy ». This was stated by the president of the Competition and Market Authority, Roberto Rustichelli, who, interviewed by the Corriere della Sera, returns to the proposals to reactivate competition, starting with the suspension of the Procurement Code. «Since we live in an exceptional situation, we cannot apply normal rules in a period that is not normal. As Europe has suspended the legislation on state aid, we propose, pending the desired simplification, to temporarily suspend the procurement code and to use the European directives, which are directly applicable ”.

The position of Filca-Cisl

«Proposing the suspension of the Procurement Code to unblock the country is a bit like asking for the suspension of the Highway Code to eliminate traffic: a wrong and useless, indeed harmful, proposal. What is needed to open the construction sites and speed up the execution of the works is something else, as a union we have repeated it several times but unfortunately we remain unheard ». This was declared by the general secretary of Filca-Cisl, Franco Turri, commenting on the latest statements by the president of the Antitrust, Roberto Rustichelli. «In our opinion – explains Turri – there would be three interventions to be implemented: first of all to equip the contracting stations with qualified personnel, technicians capable of elaborating effective projects. The second intervention concerns the guarantee of continuity of work in the event of a dispute. Finally, we ask for a reduction in the time required for the approval and execution of the works: today, on average, it takes over 10 years to complete a work, and a third of this time is prior to the opening of the construction sites. It is therefore necessary to reduce the times, and this is done by improving the Procurement Code, certainly not by suspending its effectiveness. Simplifying without reducing safeguards is the first step to provide the country with a secure, modern, competitive infrastructure system ”, concludes the Filca general secretary.

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… and that of Finco

(…) we read, not without some apprehension, on the front page of the main national newspaper, your interview with the President of the Antitrust on the subject of Tenders. Let’s assume that the Antitrust Authority is an Authority whose considerations are generally very acceptable. But in this case no. The observations would be many but I try to narrow it down as much as possible, naturally remaining available for desired further information. As is well known, the AGCM addressed some proposals to the Prime Minister, among which there is one that would provide for the suspension of the Italian Procurement Code for the time necessary to complete the initiatives and works of the Recovery Fund. Beyond the fact that this proposal (see attached excerpt of specific interest) seems to have little to do with competition issues, FINCO considers it to be erroneous and worrying, in terms of method and substance. It is not with the hypothesis of shortcuts that the problem in question can be solved, not even for a predetermined period of time – defined as a “short period”, which would then end up being very extensive. Ours does not seem to be a “rearguard” position, but that of operators who are well aware of how procurement works. It is obvious that we are pro-simplification, but this simplification must be upstream and downstream of the tender NOT on the characteristics and qualification of the companies. But above all – if you want to make the realization of the works more rapid – the priority, which cannot be circumvented, to be faced with rapidity and unpopular decision – and that perhaps precisely for this last aspect we are forced to reiterate despite being known to all those involved in works – consists in the reduction and above all qualification of the Contracting Stations, characterized today by a serious, if not very serious, level of both bureaucratic and technical inadequacy. All made even more problematic – especially in the construction sector – by the exuberant, little programmed and completely controlled use of the smart working tool. We would be pleased if the Courier decided to report the position of the specialist and super-specialized companies that represent many of the excellences of our country, from restoration and archeology companies to those of plants, from road safety equipment, to deminers (which are back in topicality with the resumption of relations with Libya …), maintenance workers, exceptional transport, construction foundations, etc …

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