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Environmental Safety: Italian and European Regulations
Since the 1990s, Italian and European legislation have increasingly focused on environmental protection. The complexity and significance of the issue have led to the development of an equally comprehensive and intricate regulatory framework, guided by a few fundamental principles.
Both Italian policy, particularly through Legislative Decree 152/06 (Consolidated Environmental Act – TUA), and European policy, with various directives including Directive 2004/35/EC, are based on the principles of precaution, prevention, correction of pollution at its source, and the “polluter pays” principle.
European Environmental Protection Regulations
European environmental legislation is extensive and has become highly detailed over the years. It is generally rooted in Articles 11 and 191-3 of the Treaty on the Functioning of the European Union (TFEU), which prioritize environmental protection as a primary goal in the fight against climate change and the pursuit of sustainable development.
Numerous specific laws have been enacted to achieve these objectives, including:
- Directive 2010/75/EU on the reduction of industrial pollution;
- Regulation 850/2004/EC on the transportation of pollutants;
- Regulation 1272/2008/EC on pollutant emissions into the air and soil;
- The aforementioned Directive 2004/35/EC, which codifies the “polluter pays” principle.
The EU’s policies on environment, health, and safety are generally guided by the Environmental Action Programme (EAP), issued periodically by the European Commission. The first EAP dates back to 1973, and the initiative is now in its seventh edition.
The seventh EAP sets goals to be achieved by 2020, including improved implementation of existing environmental laws, harmonization of environmental regulations with policy decisions, and increased collaboration and involvement of businesses and citizens, especially young people, in operational environmental protection efforts.
The program encompasses all aspects of environmental concerns: pollution prevention (air, water, soil, and noise), sustainable resource use, waste recycling, soil protection, environmental hygiene, and urban planning.
Several guiding principles underpin the EAP and resulting regulations, including:
- Precautionary Principle: Calls for precautionary measures in the face of unknown or unforeseen environmental hazards, proportionate to the risk and available evidence.
- Prevention Principle: Mandates preventive actions to avoid known environmental damage, from fire codes to forest management.
- Correction of Pollution at its Source: Stresses addressing the root causes of pollution to prevent its occurrence rather than merely mitigating its effects.
- Subsidiarity: Requires entities to handle environmental issues proportionally to their proximity to the problem, providing assistance as necessary.
- Polluter Pays Principle: Holds the individual or entity responsible for environmental damage accountable for its remediation. However, implementing this principle across the EU has been challenging, particularly in member-state relations.
Italian Environmental Protection Regulations
In response to years of uncontrolled urbanization and severe hydrogeological challenges, Italy has undertaken significant commitments to environmental safety in recent years. Key legislation includes:
- Legislative Decree 152/2006, known as the Consolidated Environmental Act (TUA), alongside updates like Decrees 208/2006 and 128/2010;
- Ministerial Decree of February 5, 1998, which outlines procedures for recovering hazardous waste such as asbestos;
- Legislative Decree 59/2005 on integrated environmental authorizations (AIA);
- Ministerial Decree of September 27, 2010, which governs waste and gas emissions.
The Consolidated Environmental Act (TUA) provides the foundation for Italy’s environmental protection framework, further specified by Decree 208/2008, known as “Extraordinary Measures for Water Resources and Environmental Protection.” Despite some shortcomings, these laws have significantly contributed to safeguarding the Italian environment.
Decree 208/2008 strengthened the role of the Italian Institute for Environmental Protection and Research (ISPRA), which conducts research and monitoring. ISPRA also provides public consultation and documentation through its support office.
The TUA regulates most aspects of environmental protection, granting the Ministry of the Environment greater authority for risk assessment, legal compliance monitoring, evaluation system oversight, and sanction enforcement.
Environmental Impact Assessments (EIA) and Strategic Environmental Assessments (SEA)
The TUA also regulates obligations related to Environmental Impact Assessments (EIA) and Strategic Environmental Assessments (SEA):
- The EIA analyzes the potential environmental impact of projects, such as construction or infrastructure expansion, and is required during the planning phase. Introduced by Directive 85/337/EEC, it was incorporated into Italian law via Law 349 of 1986.
- The SEA evaluates the environmental implications of broader plans, such as urban planning or policy programs, and is required during the project’s development. It was introduced by Directive 2001/42/EC and is integrated into Italian law alongside the EIA in the TUA.
Although their objectives are similar, the SEA focuses on broader plans, while the EIA analyzes individual projects. Together, they ensure the protection of health, natural resources, biodiversity, and worker safety while preventing environmental harm.
Both tools play a crucial role in environmental conservation and regulatory compliance, promoting sustainable development and protecting public health and natural ecosystems.