ITALY Law and Practice Contributed by: David A Röttgen, Andrea Farì, Francesco Fonderico and Ermanno Fonderico, Ambientalex Studio Legale
Further, to incentive schemes for energy efficiency, a multitude of mechanisms provide incentives for the installation of plants for the production of renewable energy. These incentive mechanisms depend, among other things, on the type of renewable energy source, the size of the plant, the date of construction, etc. Details of such incentive schemes are often set forth by ministerial decrees as well as by guidelines issued by Gestore del Mercato Elettrico (GSE), the publicly owned company promoting and supporting renewable energy sources. Last but not least, Italian legislation also considers the reduction of CO₂ levels when operating motor cars, buses or trucks for the transportation of people and goods. 13.2 Targets to Reduce Greenhouse Gas Emissions The ETS, set out in Directive (EU) 2018/410 (trans- posed by Legislative Decree No 47/2020), introduces important changes relative to the previous Directive 2003/87/EC and accelerates the withdrawal of emis- sion allowances available on the market. EU Directives 2023/958 and 2023/959 were trans- posed by Legislative Decree No 147 of 10 Septem- ber 2024, which made numerous amendments and additions to Legislative Decree No 47/2020. Among the main innovations introduced are the inclusion of maritime transport in the EU ETS, a new and separate ETS system (known as ETS 2) and changes relating to the competent national authority. 14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs The key provisions relating to asbestos are set forth by: • Law No 257/1992; • Ministerial Decree dated 6 September 1994; • Legislative Decree No 81/2008, integrated by regional laws and plans dealing with orientation and monitoring; and
• municipal regulations. In principle, the obligations set forth by asbestos leg- islation depend on the qualification of the legal entities involved (owner, lessee, employer) and on the state of conservation, which is assessed by applying a so- called Degradation Index to the asbestos-containing materials. The key provisions relating to polychlorinated biphe- nyls (PCBs) are set forth by Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 (on persistent organic pollutants), which is merely a recast of the previous Regulation (EC) No 850/2004. This recast was deemed appropriate for the sake of clarity, as the previous Regulation had been substantially amended on several occasions. The pre- vious Regulation entered into force on 20 May 2004 and was repealed with effect from 14 July 2019 by the aforementioned Regulation (EU) 2019/1021. Furthermore, national key provisions relating to PCBs are set forth by Legislative Decree No 209/1999 trans- posing Directive 96/59/EC, and Ministerial Decree 11 October 2011, integrated by regional legislation. Such legislation: • regulates the maximum time for decontamination and disposal of fluids and equipment containing PCBs; • lays down bans; • defines the labelling to be affixed to equipment containing PCBs; • establishes an inventory and sanctions; and • obliges the regions to draw up decontamination and disposal programmes. PCBs are, however, also addressed by sectoral leg- islation (eg, regeneration of waste oils, incineration, water and waste legislation, etc). 15. Waste 15.1 Key Laws and Regulatory Controls Italy has enacted a large amount of waste legislation. The Code entails the central regulations (Articles 179– 238 (Part IV)). Most of the details are, however, set
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