The beach operators’ response: “The ‘No to Bolkestein’ slogans are pointless. Let Meloni call us in,” says Capacchione

“The ‘No Bolkestein’ slogans are pointless. Enough with the ideology: the Bolkestein Directive must be applied correctly.” Antonio Capacchione, national president of the Italian Beach Resort Union – Fipe Confcommercio, speaks to Il Foglio with the attitude of someone who, unable to rid himself of a nuisance, is trying to get round it and make the most of it. He denies having resigned himself to the much-hated European competition directive – under which concessions and public services may only be awarded to private operators through public tenders open to all operators across Europe – but after twenty years of controversy, he has chosen to adopt a pragmatic approach: “The chaos caused by the Bolkestein Directive is worse.” A document circulated in the last few hours, originating from the Ministry of Infrastructure, seeks to provide a framework for the situation: it is the draft of the national model tender designed to “promote uniform conditions for the award of state-owned concessions”, a standard framework that local authorities will have to follow when managing the tenders. Brussels has, however, made it clear that “our infringement proceedings against Italy regarding beach concessions are still ongoing. “We are in constant dialogue with the relevant authorities,” said a spokesperson for the European Commission. “A decree-law has been adopted, based on the assumption that these beach concessions will expire by 30 September next year. Naturally, we are closely monitoring the implementation of that law. This does not prevent local authorities from proceeding now and organising their own procedures for each concession,” she added.

Capacchione, however, likes the document: “It’s a step in the right direction; it’s extremely useful. But the final version must be published as soon as possible.” The draft states that new beach concessions may last from 5 to 20 years, that tendering procedures must be launched by publishing a call for tenders at least six months before the expiry of the existing concessions and, in any case, by 30 June 2027, and also that the continuity of services must be guaranteed during the tendering process. Furthermore, the model tender document sets out compensation arrangements for outgoing concessionaires, alongside limits on the concentration of licences. “These are all the issues we’ve been fighting for,” exults the head of the beach resort association, who can count on a government well disposed to accommodate the sector’s demands. It is therefore a “good starting point”, but there is still a great deal of work to be done to ensure its members accept it. “It is still incomplete. For example, certain types of concessions are missing. There is considerable discretion regarding the scoring system; greater clarity is needed on compensation to define the calculation of commercial value, but also on the eligibility criteria.” These issues, says Capacchione, stem largely from the current legislation (Article 1 of Law No. 166/2024 amending Articles 3 and 4 of Law No. 118/2022). Consequently, “the model tender notice is set within a legislative framework that remains unclear and fails to ensure either the orderly exercise of administrative functions or the correct application of the Bolkestein Directive, particularly in light of recent case law, which has highlighted the need for prior verification of the premise of resource scarcity, the validity of certain extensions to 2033, and also the possible ‘overriding reasons of general interest’ to protect companies currently operating”.

Hence the desire to be involved in drafting the final call for tenders. “I asked Giorgia Meloni to invite me to Palazzo Chigi to highlight these issues, but she has not yet replied.” Capacchione also sent a letter to the Prime Minister dated 27 September – World Tourism Day – emphasising that “the absence of a clear regulatory framework, which is leading to the current chaotic management of administrative functions in this area, poses a mortal risk to the future of Italian tourism”. A few days later, here is the draft tender designed, within the limits of his capabilities, precisely for this purpose. “There is a timing issue. The standard tender must be issued as soon as possible and be binding, just as is the case for other public administration contracts; otherwise, local authorities will continue to act in a disorganised manner with extremely broad discretion. The chaos is worse than the Bolkestein Directive. “Our battle,” says Capacchione, “is to demand the correct application of the Bolkestein Directive whilst seeking to safeguard those companies that have, up to now, always operated in compliance with the rules. The problem is not the tenders themselves, but when and whether to hold them. “The directive must be applied in accordance with the ruling of the European Court of Justice.” The Court, the president states, “has intervened on several occasions, stating that the obligation to hold a tender applies where there is a scarcity of resources. So we want to set out, on the basis of European case law, what the criteria are for determining when there is a scarcity of resources,” he says, addressing the Italian legislature. “Either the legislator takes action or we will end up in court, and the problem will be resolved in two, three or four years’ time. By which time we’ll all be dead, as Keynes used to say.” 

Years of fierce protests, clashes (both verbal and physical) and strikes now seem to have reached a point of no return. “The Bolkestein Directive exists; it must be implemented; we need to take a pragmatic approach. Let’s avoid ideological battles – they serve no purpose.” After all, he observes, “over the past twenty years, various governments of all political persuasions have done nothing but postpone the problem, without resolving it. And this government has done the same. The slogans ‘no to Bolkestein’ or ‘pro-Bolkestein’ solve nothing; they are simply propaganda. It is time for a definitive solution in everyone’s interest,” he concludes. “And the call for proposals is a step in the right direction, although there is still a great deal of work to be done.”