Postal Services, AGCM, AGCOM and ANAC: the legislation on subcontracting guarantees maximum market opening

Summary:

The document provides a joint interpretation of the regulation on subcontracts (subappalti) by the Italian Authority for Competition and Market (AGCM), the National Authority for Communications (AGCOM), and the National Agency for Anti-Corruption (ANAC). The main objective is to ensure the highest level of openness of the postal services market.

The authorities emphasize the importance of the principle of competition to allow the largest possible number of operators to participate in tender procedures. They highlight the unique nature of the postal services market, which requires flexible organizational structures and cooperation between operators.

The document states that the subcontracting regulation, as provided by the Italian Code of Public Procurement, should be applied to the postal services sector in a way that is coherent with its specific characteristics. The authorities also consider the need to introduce flexible contractual arrangements, such as continuous cooperation contracts, to allow for more effective participation in tender procedures.

The purpose of the interpretation is to prevent the adoption of measures that might limit the participation of operators in tender procedures, which could lead to a significant closure of the market, contradicting the liberalization process.