Demanial Concessions are governed by Section II of Regional Regulation 9/2015.
In particular, Article 17 – “Granting of Demanial Property Concessions”, paragraph 1 provides that the demanial or port authority, subject to the needs of public use of the demanial property and, in particular, the primary requirements for regulating lake basins and watercourses for hydraulic safety purposes and the establishment of water reserves, may grant the occupation and use, including exclusive use, of demanial property.
The duration of the concession, as defined in Article 18, paragraph 1, provides that concessions have a minimum duration of four years and a maximum duration of up to forty years. Paragraph 1 also specifies that concessions with tourism-recreational purposes, as well as those intended for tourist ports, tourist docks, and mooring points, have a minimum duration of six years.
Paragraph 2 further provides that, in determining the duration of the concession, the demanial or port authority takes into account the concessionaire's investment program aimed at enhancing the quality of services provided to users or ensuring, at the concessionaire's exclusive expense, the construction of infrastructures, their amortization times, as well as the fair remuneration of the invested capital.
In this regard, the subsequent Article 19, paragraph 2, letter d) provides that, for concessions with a duration of no less than sixteen years and up to forty years, the application for the granting of the concession must be accompanied by an amortization plan certified by a qualified professional (such as a chartered accountant) or by a credit institution, or a service company formed by the credit institution itself and listed in the register of financial intermediaries under Article 106 of the Consolidated Banking and Credit Laws, or by a auditing firm under Article 1 of Law No. 1966 of November 23, 1939.
It is worth noting that concessions may have a duration shorter than the minimum specified, upon a reasoned request from the applicant.
The application for the concession must be submitted to the Basin Authority using the forms provided, along with all the required documents.
The concession application is publicized by the publication of an exploratory notice of expression of interest on the Basin Authority's website for a period of fifteen days.
Any observations on the concession application or any expressions of interest must be submitted to the demanial or port authority within fifteen days from the end of the publication period on the Basin Authority's website.
If no expressions of interest are received and the application does not involve the occupation or use of demanial property for the construction or management of a public work, the Basin Authority proceeds with the review of the concession application, in accordance with Article 22 of Regional Regulation 9/2015.
If expressions of interest have been received or if the application involves the occupation or use of demanial property for the construction or commercial management of a public work, the demanial or port authority proceeds according to the procedures set out in Article 23 of Regional Regulation 9/2015.
The concession agreement is finalized with the issuance of the administrative act of concession and the signing of the related agreement.