di Alessandro Mazzei e Paolo Peruzzi
pubblicato in: ANEA – Note Tecniche sulla regolazione, numero 2008/04, gennaio/2008
Pursuing legislation enacted in 1994 (Law 36/94), so called “Galli” Law, the water sector in Italy is going through a profound reorganisation aimed at transforming a sector characterised so far by extreme fragmentation into an industrialised and integrated one. An accurate assessment of the legal framework designed by the Reform brings to light the presence of a Regulation by Contract. Quite clearly we are facing a regulation by contract, the assignment contract being the basic document regulating the relationship between the AATO and the Operator. Drawing up the contract, AATO and Operator have to assess main risks in the management of IWS in order to identify the specific subject bearing each risk. Hence, it is essential to identify main risks and their allocation to enable subject to efficiently manage it. Referring to a risk’s classification of the World Bank we rank the risk in the management of the IWS and we suggest how to improve contract’s effectiveness through their better allocation.