After the interview with the Italian Foreign Minister Frattini (for comments on it see article “NO SE POL”) it appears that the Italian authorities are persisting in NOT understanding that in the Free Port of Trieste (FPT) the Italian law DOES NOT apply. This is quite worrying because the International Commission for the FPT offers assistance to anyone willing to find a legally valid, disciplined solution, but it must also be listened to.
Below some comments on the article published by “Il Piccolo” on 25 June.
Note: The comments are made by the President of the International Committee for the FPT and are highlighted in blue
Source: Il Piccolo
25 June 2011
Art exhibition “Biennale diffusa”: Free Zone suspended
The Free Zone in the Porto Vecchio (Old Port) has been suspended to allow the art exhibition “Biennale diffusa” to take place. The Commissioner of the Government Alessando Giacchetti signed the act to that effect.
Note: The so called “Free Zone in the Porto Vecchio” belongs to the territory of the Free Port of Trieste, in which the provisions of Annex VIII, that is the “Instrument for the FPT”, to the Peace Treaty with Italy apply, which was signed and ratified by the UN and Italy in 1947, because Italy had lost the war.
The Porto Vecchio of Trieste is an extraterritorial (international) territory and therefore also a duty-free area in which ONLY the provisions of Annex VIII apply. In article 5 of the Memorandum of Understanding signed in London on 5 October 1954 by the ambassadors of Italy, Yugoslavia, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, Italy pledges itself as follows: “5. The Italian Government undertakes to maintain the Free Port at Trieste in general accordance with the provisions of Articles 1-20 of Annex VIII of the Italian Peace Treaty”.
The provisions of said article are contained also in the LAW on the Italian Ports (No. 84/1994), in art. 6(12), which states that: “The current regulations on the free zones within the area of the Free Port of Trieste remain unaffected. The Ministry of Transport and Navigation, upon hearing the Port Authority of Trieste, will issue a decree to define the administrative organization for the management of the said free zones”. This means that LAW No. 84/94 applies to all Italian ports except for the free zones, i.e. the Free Port, where the provisions of Annex VIII and (only for Italy) articles 1 to 20 apply. For all other countries, including the Free Territory, all 26 articles apply.
Thus, the second sentence of the Italian law No. 84/94 is overruled by its first sentence, since neither the “Ministry of Transport and Navigation” nor the “Port Authority of Trieste” are entitled to adopt laws or define the “administrative organization for the management of said free zones”, quite the contrary: they have to manage the Free Port according to the “Instrument for the Free Port”, that is Annex VIII to the Peace Treaty with Italy. Since the 1954 Memorandum of Understanding was signed because of the Cold War, since it’s commonly accepted that the Cold War ended after the fall of the Berlin Wall in 1989, and therefore the provisional Italian administration of the FPT and also of the FTT has no longer reason to exist, the “act” to suspend the current provisions, that is Annex VIII, is illicit and implies de facto the appropriation of an international territory.
In 1954 the Security Forces under the control of the UN SECURITY COUNCIL SUSPENDED the protection of the Free Territory and Free Port of Trieste
in 2011 the ITALIAN Security Forces SUSPENDED the international sovereignty in the territory of the ORGANIZATION OF THE UNITED NATIONS.
Both SUSPENSIONS were ILLECIT AND MUST BE TERMINATED because the Free Territory including the Free Port of Trieste is a strategic sea port city with the purpose of guaranteeing the availability of the transit ways of Trieste to all international trade as well as to Slovenia and Croatia (former Yugoslavia), Italy and the States of Central Europe on equal terms, as provided for by Article 1 of the Instrument for the Administration of the Free Port of Trieste.