Brussels, 22 May 2023
See question(s) : P-001150/2023
Answer given by Mr Breton on behalf of the European Commission
As recalled by the Honourable Members, the Commission stated in its reply to Written Question E-004388/2013 that the activity of aquaculture as such would not fall within the scope of Directive 2006/123/EC1 (‘the Services Directive’). However, the same reply also noted the need to take into consideration those activities ancillary to aquaculture, e.g. retailing or maintenance, to which the Services Directive may apply. Moreover, the Court of Justice of the European Union has recognised that certain rules governing the conditions of access to economic activities fall within the scope of the Services Directive, even when those activities are primarily related to goods.2
As regards the ex lege extensions operated by the Law of 30 December 2018 n. 1453 mentioned by the Honourable Members, it is important to recall that such measure is currently object of pending infringement proceedings.In the letter of formal notice sent on 3 December 2020,4 the Commission took the view that by maintaining indiscriminate and ex lege extensions of concessions related to State-owned coastal property, the Italian Republic had failed to fulfil its obligations under the Services Directive and the Treaty on the Functioning of the EU.5 In particular, the Commission observed that the Italian legislation merely replicated the provisions already considered to violate EU law in the Court judgment in joined cases C-458/14 and C-67/15.6
1 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32006L0123
2 Judgment of 30 January 2018, Joined cases C-360/15 and C-31/16 , College van Burgemeester en Wethouders van de gemeente Amersfoort v X BV and Visser Vastgoed Beleggingen BV v Raad van de gemeente Appingedam, EU:C:2018:44, paragraphs 84 to 97.
3 LEGGE 30 dicembre 2018, n. 145, Bilancio di previsione dello Stato per l’anno finanziario 2019 e bilancio pluriennale per il triennio 2019-2021 (18G00172) (GU Serie Generale n.302 del 31-12-2018 — Suppl. Ordinario n. 62), https://www.gazzettaufficiale.it/eli/id/2018/12/31/18G00172/sg
4 Case INFR(2020)4118, https://ec.europa.eu/commission/presscorner/detail/EN/INF_20_2142
5 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:12008E049
6 Judgment of 14 July 2016, Promoimpresa srl and Others v Consorzio dei comuni della Sponda Bresciana del Lago di Garda e del Lago di Idro and Others, EU:C:2016:558.