Article 1
The following provisions of Italian Law No 84/94, as last amended by Law No 647/96 (hereinafter 'Law No 84/94`), are incompatible with Article 90 (1) in conjunction with Article 86: (a) the provision stating that the Port Authorities are to promote the setting-up of a voluntary consortium open to all undertakings licensed to operate in the ports for the sole purpose of dealing more efficiently with unforeseeable fluctuations in the demand for labour and, to that end, are to license one or more members of the consortium, insofar as they have the appropriate workforce and own resources with the specific vocational skills to carry out port operations, as well as the surplus workforce resulting from rationalisation and restructuring under Law No 84/94, to provide other consortium members with manpower services (Article 17 (1) (a)); (b) the provision stating that, until the consortium or agency is set up to provide temporary labour in each Italian port, the undertakings provided for in Article 21 (b) of Law No 84/94, namely the former port companies are to have the monopoly for the supply of temporary labour to other port undertakings (Article 17 (2)); (c) the provision giving the monopoly to the former port companies for the supply of subcontracted services, including those with a high labour content, to other port undertakings (Article 17 (3)).