ITALY Law and Practice Contributed by: David A Röttgen, Andrea Farì, Francesco Fonderico and Ermanno Fonderico, Ambientalex Studio Legale
forth in specific ministerial decrees that vary depend- ing on the type of waste (eg, packaging, electrical waste and electronic equipment recycling, batteries and accumulators, edible waste oils, mineral waste oils, ships, vehicles and end-of-life tyres). Further, the set of obligations also depends on the type of single- treatment operations (recovery or recycling, landfilling, etc). As for end-of-waste products and by-products, Italy has enacted very detailed legislation. Despite the existence of national legislation, however, Italy lacks a nationwide level playing field regarding waste. Italian environmental legislation provides for a wide variety of disclosing obligations related to environ- mental issues, particularly when contamination and/ or environmental damage occurs. The threat of envi- ronmental damage or a case of potential contami- nation is sufficient for the operator to be required to notify the local authorities and to take preventative measures. If the operator fails to immediately notify the authorities about the harmful event and to take the necessary preventative measures, financial penalties are established by law for the period of delay in taking measures. Furthermore, environmental permits often require annual reports to be submitted to the relevant public entities regarding the environmental status of the plant and compliance with the provisions included in the respective permit. Also in this case, financial penalties are provided for by law for failure to comply with the required data disclosure. 15.2 Retention of Environmental Liability Circumstances under which producers or consignors of waste may retain liability for waste even after it has been disposed of by a third party need to be carefully assessed. Article 188 of the Code governs this liability, as well as trans-boundary shipments, without always providing precise boundaries, especially in light of the respec- tive case law. Article 188 has been interpreted extensively by crimi- nal court decisions, sometimes far beyond the literal wording of the article.
In general, waste producers or holders are obliged to hand over such waste to duly authorised third parties, including municipal waste management operators. In some cases, however, these waste producers or hold- ers may be entitled to directly manage such waste. If waste is handed over to duly authorised third parties other than the municipal waste management opera- tors, liability only ends when the waste producer or holder receives the duly completed certificate (con- firming the receipt of such waste by the authorised third parties) within three months after such consign- ment. 15.3 Circular Economy Requirements Extended producer responsibility (EPR) is widely known and regulated under Italian national legislation, even for marketplaces. Although Italian EPR schemes differ considerably, common standards have been required under all of them since 2023 (according to Directive (EU) 851/2018). EPR includes the likes of packaging, electrical and electronic equipment, batteries, end-of-life vehicles, mineral waste oils, edible waste oils, tyres and poly- vinyl chloride (PVC). Further products are likely to fall under EPR regulations. EPR legislation entails not only take-back obligations, payment of environmental fees and reporting obliga- tions, but also obligations to collect, recover, recycle or dispose of the goods once they became waste. Generally, it also involves obligations to design for dis- assembly and reassembly, though the extent of this obligation varies according to the goods involved. Non-compliance with obligations may be sanctioned, depending on the EPR regulation specifically applica- ble to the respective consumer good. 15.4 Rights and Obligations Applicable to Waste Operators Waste operators are fully subject to brownfields (Part IV of the Code) and environmental damage legislation (Part VI of the Code). Waste management plants such as incineration and co-incineration plants (Article 237 ter, lit b) to c) of the Code) or IPPC plants are expressly subject to brownfields legislation upon definitive ces- sation of activities.
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