The letter

A dialogue between Aiscat and Art for the protection of investments on motorways

The motorway sector has always been the driving force behind the economy and development of territories and the country and is in need of investment

by Aiscat

4' min read

4' min read

Dear Director Fabio Tamburini,

As Aiscat, we appreciate your decision to shine a spotlight on the contents of Resolution 75 of the Transport Regulation Authority, which concerns us motorway concessionaires. We believe in the value of confrontation, an element that has always distinguished our relations with Art, in the sign of a constructive approach to protect the strategic importance of the motorway network for the country. A dialogue that we want to continue today, first and foremost by emphasising the indispensability of investment in the infrastructure.

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The motorway sector has always been the driving force behind the economy and development of territories and the country, a crucial asset that moves 90% of passengers and 87% of goods travelling by road. The Italian motorway infrastructure is the oldest in Europe, the busiest and the most complex: suffice it to say that the more than 500 km of tunnels are equal to half of the European total. At the same time, the increase in traffic volumes calls for measures to ensure smooth traffic flow, traffic safety and efficient logistics.

Without dwelling on the positive effects on national GDP, employment and induced activities deriving from the realisation of infrastructure works, it is worth remembering that the investments of the concessionaires translate each year into a fundamental contribution to the State budget through the payment of indirect and direct taxes, fees and surcharges. The total amount of these payments translates into transfers to the State equal to about 50% of net toll revenues.

Despite the highlighted strategic nature of the sector, the regulatory framework of the sector is fragmented: although it was introduced by Art in 2019, it is only applied to 5 out of 26 concessionaires. In the meantime, the tariff freeze between 2019 and 2023, combined with rising inflation and the increase in raw material costs, has aggravated the economic imbalance, particularly affecting the largest and most complex networks, which need more investment. Similarly, smaller networks, engaged in growth investments and operating in a less established market, are also affected. Add to this the introduction of new regulations that require further investments, including technological ones, in the network to safeguard the safety of users. The sector thus finds itself in an exceptional and unsustainable situation: urgent financial solutions are needed, capable of sustaining investments without burdening users, taking into account that, unlike other regulatory sectors, motorways have neither incentive instruments nor flexibility or tariff adjustment mechanisms consistent with the evolution and increase in costs.

Access to private capital to build, maintain and operate infrastructure requires the guarantee of clear rules for investors. This is all the more valid in a sector as capital-intensive and with very long payback periods (30/40 years on average) as motorway concessions, where it is fundamental for attracting capital to guarantee stable, clear tariff and contractual rules that cannot be unilaterally modified for the duration of the concession, except to the extent strictly necessary to remedy any imbalances that may arise during the course of the relationship and, in any case, in compliance with national and Community legal principles. The reason is simple: the main characteristic of project financing operations lies in isolating the initiative and its risks, from a legal, economic and technical point of view, from the business activities of the individual promoters. In the absence of certainty of this kind, investors will be discouraged from making their capital available to our sector, turning towards sectors with more stable rules.

The course embarked upon with Resolution 75/2025 risks continuing a trend of regulatory uncertainty. It is not just a matter, therefore, of highlighting a cut in the profitability of the concessionaires: the framework proposed by Art makes it difficult to determine the level of expected returns, with the consequent impossibility of planning any intervention for the modernisation and safety of the network. In other words, a unilateral modification of the original contractual conditions is to be implemented, jeopardising the works planned for the strengthening of the infrastructures and the interventions for the safety and modernisation of the network in favour of the users. A situation that, in the future, could even open the way to possible evaluations on the advisability of the concessionaires' maintaining the legal relationship. The issue is, moreover, particularly sensitive in our context, in which numerous concessions see the participation of leading institutional investors, including international ones, who have chosen to allocate capital in Italy on the basis of a clear regulatory framework.

In essence, with the Art resolution, an imbalance is created between the urgency of investments and the concessionaire's financial equilibrium. Today, the concessionaires are waiting for the institutional go-ahead on their Economic Financial Plans. The risk is that of generating a further slowdown in the complex activity of updating the EFPs, which has finally been effectively started by the Ministry of Infrastructure and Transport as the grantor. This situation could result in endless litigation, to the detriment of users and the country's economy.

We hope, therefore, that the dialogue that has always characterised relations between Aiscat, the Authority and the Granting Body will continue, in order to jointly examine the complex picture just illustrated and find solutions together to make sustainable those investments that are indispensable for the country's growth.

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