Decree-Law 95 of 4 July 2015: Request penned by our Firm in open letter of 15 May 2015 to Minister of the Environment Galletti finds welcoming response
AIA: New decree law welcomes request penned by B&P in open letter. Businesses no longer required to shut down for public administration delays.
Companies that requested an Integrated Environmental Authorization within the legally allowed timeframe are enabled to operate beyond 7 July 2015 even if the Public Administration has not yet formally processed their requests and issued the requested authorization in due time.
What seems to be an obvious scenario was not so obvious prior the adoption of the Decree of 4 July 2015.
As we pointed out in our open letter submitted to Minister Galletti on 15 May 2015, the Italian Law transposing the IED Directive (Decree-Law n. 46/2014) contravened EU Law by introducing an obligation – not included in the Directive – for businesses to shut down in case the Public Administration delays the examination of their AIA requests beyond 7 July 2015.
Now, with a last-minute move, the Government has finally acknowledged the gravity of the situation and adopted a measure that provides a concrete solution to the critical points that we highlighted in our open letter.
Decree Law 95 of 4 July 2015 has, in fact, reformulated the transitional provision concerning the activities requiring AIA, so as to guarantee its compliance with EU Directive 75/2010: businesses that operate in full respect of the requirements indicated in the Directive are now enabled to continue operating beyond 7 July 2015 pending the conclusion of the authorizing procedure by regional authorities.
In addition, businesses that pledged to make improvements in their AIA requests will have to implement them until the examination procedure has been concluded.
Decree-Law 95/2015 also contains further provisions regarding the environment, including newly-codified definitions of “temporary storage” and “waste producer”.
Finally, the new Decree allows plants of strategic national interest subject to judicial seizures for occupational safety reasons to continue production, provided that they draw up and submit a plan for improving the production conditions.
The text of the Decree can be found at the following link: http://www.governo.it/backoffice/allegati/78915-10211.pdf