Brussels, 28/07/2005 (Agence Europe) - The European Commission has decided to pursue infringement proceedings against Italy in 17 cases involving breaches of EU environment law. On the positive side, three previously publicised infringement cases have been closed since Italy has taken the necessary measures
A) Problems with waste management rules: five separate cases in the sector. Two first 'follow-up' warnings were sent to Italy asking the authorities to comply with rulings by the European Court of Justice from 2004. In the first case the Court found that Italian law fails to determine the maximum quantities of waste which can be treated by waste installations under the so-called “simplified permit procedures”. In the EU, all waste installations must fulfil certain criteria and have a permit to operate. As a consequence of the failure in Italian law, Italian waste installations have been subject to the simplified procedure - which is only meant to apply to small installations - instead of the normal, stricter authorisation procedure. The second case concerns three illegal landfills of hazardous waste located at a former industrial site in Rodano (Milan). Dangerous waste has been abandoned on these three sites leading to air, soil and water pollution. Italy has not yet adopted measures to remove this waste and start decontaminating the sites. The Commission further decided to refer Italy to the European Court of Justice over its legislation on 'end of life vehicles'. The Commission believes that Italy does not go far enough on a number of issues such as the definition of waste, the rules on free take-back and producer responsibility, the collection and deregistration of end of life vehicles, the provisions on recycling and recovery of end of life vehicles. A final warning has been sent to Italy due to its failure to provide waste management plans for some of its regions and provinces. Although this obligation has existed in EU law since 1975, hazardous waste management plans for the Friuli Venezia Giulia and Puglia regions and for the autonomous province of Bolzano, have not yet been adopted and sent to the Commission. Non-hazardous waste plans are missing for the provinces of the Lazio region, as well as for the provinces of Gorizia, Modena and Rimini. Italy has also been sent a final warning for failing to notify the Commission of its national implementing legislation for EU laws on waste electrical and electronic equipment and on hazardous materials contained in such equipment.
B) Nature protection: four cases over problems in this area. Italy is to be referred to the European Court of Justice because the Italian authorities failed to comply with EU's Birds Directive and did not properly assess what damage a development of an industrial zone in the area of Manfredonia (Foggia, Puglia) could have on the “Valloni e steppe Pedegarganiche” natural site. The habitats have been upset and the species living in this protected site disturbed. Final warnings were sent to Italy in three cases:
In the first, Italy is blamed for authorising water extraction for irrigation purposes from the Trasimeno Lake (Umbria). The lake is situated in a Special Protection Area (SPA) classified under the Wild Birds directive. The second case concerns changes to a planned development of about 100 industrial locations, most of which would be located within the Murgia (Puglia) Alta Special Protection Areas. The municipality approved changes to the plan without carrying out the assessment procedure provided by the EU's Habitats Directive. In the third case, Italy was criticised for authorising on a regular basis motor rally events in the Province of Pordenone within the Magredi del Cellina site, an area protected under the EU Habitats Directive.
C) Environmental impact assessment (EIA): two separate decisions in relation to the way Italy has implemented the EIA. In the first case, the Commission sent a final warning asking Italy to amend its legislation both at national and regional level, as it does not comply with the EIA Directive. Despite a first warning from the Commission in 2003, the Italian authorities promised to change, but so far the changes have not been made. In a second case, the Commission sent Italy an additional final warning for failing to submit an open cast mine project in the “Monte Bruzeta" area (Alessandria, Piemonte) to an EIA and which would obviously have an impact on the environment.
D) Air Quality: an additional final written warning asking Italy to measure air pollution by particulate matter (PM10) and inform the public about the pollution levels in the municipality of Civitavecchia (Rome). A final warning was sent in July 2004. In a separate case, the Commission also sent a final written warning for Italy's failure to measure the content of PM10 and lead in the air in the town of Brindisi (Puglia).
Italy has been sent final warnings for failing to notify to the Commission its national implementing legislation of EU laws on noise, assessment of the effects of certain plans and programmes on the environment) and on public access to environmental information. On the consumption of fuel and CO2 emissions addressed to consumers when cars, particularly new cars, are marketed (similar measures were also taken against several other Member States). Finally, the Commission sent a reasoned opinion to Italy for breach of Article 10 of the Treaty, which stipulates that Member States must cooperate with the Commission when proceedings are opened. Since 2003, Italy has not once answered the Commission's requests for information concerning a proposal for dredging work at Marano Lagunare (Udine, Frioul-Venetia Julienne), where no environmental impact assessment was made.
The Commission has, on the other hand, closed three procedures further to the transmission of new information by the Italian authorities. These concern failure to respect Court rulings on the establishment of plans necessary for the management of dangerous substances, the use of sewage sludge and the non-application of the “Zoo” directive.