Brussels, 05/04/2001 (Agence Europe) - The European Commission decided to send, on Wednesday, two motivated opinions to Italy for failure to comply of its regulations with the Community Framework Directive relating to waste. The first decision covers national legislation dispensing companies and establishments, which recover waste from requesting an operational licence. The second decision concerns the incorrect implementation by certain Italian regions of the Community provisions relating to food waste aimed at animal feed. Italy has two months to conform with the motivated opinions, for lack of this the Commission could decide to refer it to the Court of Justice.
The framework Directive relating to waste (75/422/EEC), which covers a wide range of wastes, subordinates the carrying out of elimination activities and recovery to the gaining of an authorisation. Some exemptions to this principal are foreseen, but subject to conditions. Italy has not adopted general rules setting the quantities of waste below which a type of activity can be dispensed from an authorisation. However, the exemption system foreseen by the Directive cannot be applied if this condition is not fulfilled beforehand.
Moreover, the position of several Italian regions (Veneto, Piemonts, Marche, Saregna and Emilia Romagna) concerning food waste from the food industries, canteens and restaurants does not satisfy the Commission. During the implementation of the Italian legislation on these wastes, these regions adopted rules that narrow this scope of application: when these food wastes aimed at being processed into animal feed are submitted to hygiene rules, they are excluded from the scope of application of the legislation on waste. The Italian authorities claim that the hygiene rules are sufficient to cover food waste, but the Commission feels that they do not include the requirements in terms of waste management set by the Directive, notably the requirements concerning storage and recovery.