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The Bolkestein reform, explained: Italy's beach-concession tenders

Thousands of Italian beach establishments are moving from automatic extensions to public tenders. Here, clearly and accurately, is what the reform requires, the dates that matter, how a tender works (criteria, length, compensation) and how to arrive prepared — for operators already on the coast and for international investors entering the market.

Last updated: 3 October 2026 · This is a fast-moving area of law — always check the official tender notice of the municipality you are interested in.

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1. What the Bolkestein reform means for beaches

EU Directive 2006/123/EC — the Services Directive, known in Italy as the Bolkestein Directive after the Commissioner who proposed it — states that where a natural resource is limited, as beaches are, the related concessions cannot be renewed automatically. They must be awarded through an open, transparent and non-discriminatory selection procedure. In practice: Italy's maritime state-property concessions — the beach establishments (stabilimenti balneari) — must go to public tender.

For years Italy relied on rolling extensions, until the EU Court of Justice (the Promoimpresa ruling of 2016 and the ruling of 20 April 2023, case C-348/22 "Comune di Ginosa") and the Council of State (Italy's supreme administrative court) closed the loop: automatic extensions are incompatible with EU law. Hence the duty to hold tenders within fixed deadlines.

How many concessions are affected? It depends on the scope: roughly 7,000–7,500 beach establishments in the strict sense, rising above 27,000 if you count every tourism-and-leisure concession (serviced beaches, kiosks and the like).

2. The dates that matter

30 September 2027 — the latest end of the extensions (a technical slippage is possible, no later than 31 March 2028). It is not a guarantee: where a tender is concluded earlier, the new concessionaire takes over earlier.
30 June 2027 — on first application, the deadline by which municipalities must launch the tenders (in general: at least 6 months before the title expires).
No 2030 — the special extension for Calabria, Sicily and Sardinia was rejected by the Senate (April 2026, for lack of budget cover): the 2027 deadlines apply there too.
⚠️ Some municipalities, often prompted by regional administrative courts (TAR), are moving ahead of these deadlines; others are delaying. The binding date for any given beach is the one in that municipality's own tender notice. Check the radar →

3. The current legal framework

The core rule is Article 4 of Law 118/2022 (the annual competition law), later amended by Decree-Law 131/2024 (the "anti-infringement" decree, converted into Law 166/2024), which set the extension to 30 September 2027 and the guiding criteria for tenders. In 2026 came Decree-Law 32/2026 (published in the Official Gazette on 11 March 2026, converted into Law 71/2026), which called for the adoption of a national model tender notice to standardise procedures. ("Decree-Law", Decreto-Legge/DL, is emergency primary legislation that Parliament must convert into a "Law", Legge/L, within 60 days.)

4. The national model tender notice: where things stand

Beware a common misconception: by mid-2026 the national model tender notice is not yet in force. Decree-Law 32/2026 does not contain the model itself — it instructs the Ministry of Infrastructure to submit a draft to the Unified Conference (the standing forum of State, Regions and municipalities). For now there is only a draft model notice, never adopted and not yet submitted for the required opinion: the whole picture is in our page on the model tender.

What this means in practice: municipalities that proceed do so with their own notices, and criteria and weightings can vary from town to town. That is exactly why monitoring each tender, municipality by municipality, is decisive.

5. How a tender works: criteria and length

Concessions are awarded, in most cases, on the most economically advantageous tender (MEAT) — the same best-value logic used across EU public procurement. How much the project weighs against the uplift on the fee is decided by each municipality, and the spread is very wide. Across the 33 notices we have read that state the points split, the weight of the technical and qualitative part runs from 0% to 100% of the total score:

  • 11 of the 33 — technical offer at 100%: no uplift at all, the fee (canone) cannot be bid up and the competition is on the management plan alone;
  • 7 of the 33 — between 90% and 95% to the technical offer, with the remaining 5-10% on the uplift on the fee or on the compensation;
  • 11 of the 33 — between 55% and 80% to the technical offer;
  • 4 of the 33 — no technical offer at all: decided only on the uplift on the annual fee, where the highest bid wins and there is no project to assess.

No single number holds for everyone. The weight that matters to you is the one written in your own municipality's tender documents, and it is the first thing to look for inside them.

Within the technical offer the recurring criteria are: the upgrade and investment plan, service quality and inclusion (accessibility for people with disabilities, for families), sustainability and energy efficiency, and employment levels (including taking on the outgoing staff). The same rule applies here: how much prior experience weighs is decided by the notice. Across the 12 notices that give it an explicit score we have read it at anywhere from 2 points out of 100 up to 20 points out of 100, and in one case inside a package worth 50 points out of 100 together with gender balance, youth employment and social clauses. There is no national rule that plays it down — where the notices give a reason, it is so as not to favour the incumbent — and in several of them it is one of the heavier items, to be looked for among the social criteria too.

Length: new concessions run from 5 to 20 years, set according to the time needed to recover the investments in the business plan.

Want a sense of how you stack up against the criteria, and what a winning bid looks like in English? That is exactly what our consulting and investor Pro pages are for.

6. The compensation to the outgoing operator

An outgoing operator who can prove unamortised investment is entitled to a compensation (indennizzo) — but, importantly, it is paid by the incoming concessionaire, not by the municipality. The incomer must pay at least 20% of it before starting operations.

The compensation covers two items: the value of investments made and not yet depreciated (net of depreciation and public grants) and a fair return on the investments of the last 5 years. The amount is set by a sworn appraisal obtained by the municipality before the notice is published.

⚠️ The implementing decree that was meant to fix the precise calculation method was rejected by the Council of State (opinion no. 750/2025): the statutory principles stand, but the operational detail is still being finalised.

7. The documents to take part

The paperwork varies by municipality, but you will generally need:

  • The application (on stamped paper) and the legal representative's ID;
  • The ESPD / self-declarations that no grounds for exclusion apply (Articles 94–98 of Legislative Decree 36/2023, Italy's Public Contracts Code), including sector declarations (no unlawful occupation of state property, no arrears on concession fees);
  • A company registry extract, a social-security clearance (DURC), bank references;
  • A technical report and management-and-upgrade plan;
  • A sworn business plan (PEF), consistent with the length requested;
  • Documentation on investments, sustainability, accessibility and employment;
  • A provisional guarantee / deposit and any anti-corruption authority (ANAC) fee;
  • The financial offer (uplift on the fee and/or the compensation), in a separate sealed envelope.

Is the tender for your beach already open?

BeachStake tracks the notices municipality by municipality: status, deadlines and criteria of every tender we follow.

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8. What to do now

  • Check the status of your tender — municipality by municipality, in the regions overview.
  • Be ready on the project — across the 33 notices we have read that state the split the technical offer is worth anywhere from 0% to 100% of the score, and 4 of them are decided on the uplift on the fee alone: each municipality sets the exact weights, so check them in your notice. Start building the technical report and business plan early.
  • Watch the deadlines — many tenders have short windows; every brief carries the exact deadline and a countdown.
  • Weigh the compensation — whether you are leaving or coming in, it shapes the economics of the deal.

Compete on equal footing, in English

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9. Frequently asked questions

What is the Bolkestein Directive and why does it affect beaches?

EU Directive 2006/123/EC bars the automatic renewal of concessions when the resource is scarce: Italy's maritime state-property concessions (the beach establishments) must therefore be awarded through an open, transparent tender rather than rolled over automatically to the incumbent operator.

By when must beach concessions go to tender?

Existing concessions are extended by law until 30 September 2027 (a technical slippage is possible, no later than 31 March 2028). Municipalities must launch tenders at least 6 months before a title expires and, on first application, by 30 June 2027. The proposed extension to 2030 for Calabria, Sicily and Sardinia was rejected by the Senate (April 2026): the 2027 deadlines apply there too.

Is there a national model tender notice?

Not yet in force. Decree-Law 32/2026 instructed the Ministry of Infrastructure to submit a draft model tender notice to the Unified Conference, but by mid-2026 no binding model had been adopted: municipalities proceed with their own notices, and criteria can vary.

Can the current operator bid? Does experience count?

Yes, the incumbent can bid like anyone else, but has no right of first refusal. How much prior experience weighs is decided by each municipality's notice: there is no national rule that excludes it or rewards it. Across the 12 notices that give it an explicit score we have read it at from 2 to 20 points out of 100, and in one case inside a package worth 50 points out of 100 together with gender balance, youth employment and social clauses.

How is a tender won, and on what criteria?

On the most economically advantageous tender (MEAT), but the criteria and the weight of each are set by each municipality's own notice and vary from town to town: there is no adopted model notice to refer to. Across the 33 notices we have read that state the points split, the technical offer is worth from 0% to 100% of the total: 11 are entirely technical (no uplift), 7 sit between 90% and 95%, 11 between 55% and 80%, and 4 are decided on the uplift on the fee alone, with no technical offer. No single number holds for everyone: the split has to be read in your own municipality's tender documents. The recurring criteria are the management and investment plan, service quality and accessibility, environmental sustainability and employment.

How long does the new concession last?

From 5 to 20 years: the term is set to match the time needed to recover the investments in the business plan, within the statutory cap.

Who pays the compensation to the outgoing operator, and how much?

The incoming concessionaire pays it (not the municipality), at no less than 20% before starting operations. It covers investments not yet depreciated plus a fair return on those of the last 5 years, based on a sworn appraisal. The detailed decree on the calculation method is still being finalised.

What is needed to take part in a tender?

An application, self-declarations that no grounds for exclusion apply (the ESPD), a company registry extract, a social-security clearance (DURC), bank references, a technical report and management plan, a sworn business plan, a provisional guarantee and the financial offer. The exact templates are in each municipality's notice.

Main sources: Law 118/2022 and Decree-Law 131/2024 (converted by Law 166/2024); Decree-Law 32/2026 (converted by Law 71/2026); EU Court of Justice cases C-348/22 and C-598/22; Council of State opinion 750/2025; municipal tender notices and trade press. Informational content — it does not replace the official tender notice or legal advice.

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