Guidelines For Environmental Impact Assessment

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GUIDELINES
EVALUATION OF
ENVIRONMENTAL IMPACT
by the Department of Environment and Territory
Basilicata Region
Bureau of Environmental Compatibility
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Basilicata Region
Department of Environment and Territory
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Guidelines for the evaluation of environmental impact
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Presentation
THE BASILICATA REGION FOR THE PRESENCE ON ITS TERRITORY
ELEMENTS OF HIGH SENSITIVITY, it WAS AMONG THE FIRST IN ITALY
ITSELF OF A REGIONAL LAW ON IMPACT ASSESSMENT
ENVIRONMENTAL. WHY THIS CONSIDERED THAT THE PROTECTION
UNDERSTANDING THE ENVIRONMENT STRONG AS A RESOURCE OF LAND,
WHETHER
IF NOT THE FIRST AT LEAST ONE OF THE MOST IMPORTANT FACTORS devel-
LUPPO ECONOMIC REGION. DESPITE STRONG PRE
Sioni ENVIRONMENTAL WELL THAT THE LAND HAS KNOWN LUCANO
IN RECENT YEARS, THANKS TO A SEVERE REGIONAL LAW
VIA, INSTITUTIONS, AND THE SAME WORKERS HAVE BEEN ABLE TO
OPERATIVE
RARE WITH AWARENESS AND PERSPECTIVE OF DEVELOPMENT SOSTE-
Nable. HOWEVER OFTEN THE ENVIRONMENTAL IMPACT ASSESSMENT
It IS ADVISED AS AN ELEMENT OF 'OBSTACLE BUREAUCRATIC "
SUBSTANCE AND HOW SLOW DEVELOPMENT OF SHARES
TERRITORY, THAT DOES NOT BEAR THE VALUE ADDED ALL'INVESTI-
CHIN. NOT SO IF YOU CONSIDER THE WAY WITH A DUAL FINA-
LITy: FOR INSTITUTIONS AS AN ELEMENT OF KNOWLEDGE
TERRITORY OF ITS RESOURCES AND ITS SENSITIVITY WITH
ENVIRONMENTAL
SUCH, AND APPLICANTS FOR INVESTMENT ONE TOOL plan-
Ning INTEGRATED ENVIRONMENTAL AND THE LAND THAT DOOR
SUBSTANTIAL ADDED VALUE TO THE PROJECT ITSELF. THE EXTRACTION
OIL IN VAL D'AGRI HAVE MADE A VALID BENCH
TEST FOR THE APPLICATION OF THE STREET IN AREAS HEAVILY SENSI-
BILI AND INITIATIVES high impact, YET RAGGIUN-
Gendo REMARKABLE RESULTS THAT THEY SEE ONE HAND safe-
GUARDATA The INTEGRITY OF ENVIRONMENTAL VALUES, NOT THE OTHER
IMPAIRED INITIATIVE INDUSTRY. NOT FROM underestimated
TARE THE STRONG SOCIAL VALUE AND CIVIL, ONE BEING THE WAY
instrument
CHIN TO INCREASE TRANSPARENCY MEASURES OF SELF
RIZZATIVI AND PARTICIPATION OF AFFECTED POPULATIONS
FROM PROJECTS IN ITS TERRITORY. FOR THIS WE
WANTED TO PUBLISH THIS VOLUME THAT WANTS TO BE ONE instrument
CHIN, WHO, INSTITUTIONS, DESIGNERS, APPLICANTS, City-
DINI, IS TO EVALUATE, write up, PROMOTE, TO KNOW
ONE OF ENVIRONMENTAL IMPACT STUDY.
Carlo Chiurazzi
COUNCILOR FOR ENVIRONMENT AND TERRITORY
BASILICATA REGION
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Summary
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THE REGULATORY FRAMEWORK
11 THE REGIONAL LAW 47/98
results and summary
Operational tools
Scoping Phase
Phase of SCREENING
Evaluation phase
the EIA procedure for works not subject to opinions,
authorizations or clearances on emissions
in the atmosphere, waste, quarries and scenic beauty
the EIA procedure for works subject to opinions,
authorizations or clearances on emissions
25 CAVE SUBJECT TO STREET PROCEDURE
Schemes of work proposed
28 LANDFILL OF "I" and "II" CATEGORY SUBJECT
THE IMPACT ASSESSMENT PROCEDURE
ENVIRONMENTAL
37 FIELD STREET, LEGISLATION ITALY
39 ANNEX STANDARDS
205 Collaborations
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Edited by:
- Region Basilicata
- Office of Environmental Compatibility
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1. The regulatory environment
The gradual worsening of environmental conditions and continuous eviden-
ziarsi of ecological damage caused by human pressure on the Natura resources
ral require the adoption of behavioral patterns, individual and collective,
more respectful and less destructive of the environment.
The protection, preservation and enhancement of the environment, introduced for the
first time in the US in 1970 with the enactment of a law become very
famous, the NEPA (National Environmental Policy Act), are goals that
you can not do without.
In Europe, the Environmental Impact Assessment (EIA), intro-
learned with EEC Directive 337/85 with the objective of evaluating the effects of a pro-
Jet environment to protect human health, contribute to the quality
of life, to ensure maintenance of the species and varieties retain
the ecosystem playback capabilities, revolutionizing the way we relate
Public Administration in respect of a work or significant initiative
impact on the area. Article. 3 of that fact, the Directive provides:
"The environmental impact assessment will identify, describe and assess in order
appropriate for each particular case, the direct and indirect effects of a pro-
Jet on the following factors.
man, fauna and flora;
soil, water, air, the climate and the landscape; material assets and the assets
cultural;
the interaction between the factors mentioned above. "
The directive contains a list of the types of works to be submitted to
procedure, structured in two annexes: annex 1, relating to projects that
must necessarily be subject to EIA by all Member
members and Annex 11, relating to projects to be subject to an EIA
if the Member States deem necessary.
Subsequently, the European Union adopted before the EC Directive 96/61
on the prevention and integrated pollution control (IPPC) and
then the EC Directive 97/11 which updates and complements that of 1985 on the basis of e
EXPERIENCE undertaken by Member States, and also formulating a draft DIRECTLY
tive on the assessment of the effects of certain plans and programs.
In Italian with Law No 8 July 1986. 349 , instituted the Ministry dell'Am-
environment, and subsequent regulations, primarily the Decrees of the President regarded
son of Ministers of 10/08/88 n. 377 and 27.12.88 and then the DPR 11/02/98
regarding the regulation of environmental compatibility and pronunciations
the emanations of the techniques and regulations of the EIA implementation,
It has carried out an initial and partial application of Directive EEC 337185 .
The 12.4.1996 was posted on DPR "guidance and coordination Act
concerning provisions on environmental impact assessment "
which delegates to the Regions the enactment of a law aimed at completing the transposition
Chin Directive EEC 85/337 in respect of works of Annex II.
At the state level, the Act is part of a broader regulatory framework that STA
bilisce in general the principles of coordination, simplification and snelli-
Chin administrative procedures.
The Act of address requires to standardize procedures and unify the Regions
licensure and preliminary views, introduces the testing procedure
(Screening) to determine whether a project must undergo an EIA and
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The scoping process to identify, for works subject to evaluation,
information must include the study of environmental impact. About the
works to be submitted to the EIA Act of address it divides them into two annexed
Annexes A and B, by placing a mandatory assessment procedure for pro-
jets of Annex A and Annex B for those if they fall, even partially,
in protected natural areas, while there is a screening procedure for
Projects listed in Annex B, not falling in protected natural areas.
The region of Basilicata, in accordance with EEC Directive 85/377, issued, anti-
cipando subsequent national law, the Regional Law 47/94 "governed
plina of the Environmental Impact Assessment and regulations for the protection of the environment ";
The same has been modified and updated later with the Law Regio-
nal 3/96 "Changes and additions to Regional Law 19.12.1994 n. 47 of Discipline
Environmental Impact Assessment and standards for environmental protection. "
With the entry into force of the LR 47/98 "of the Impact Assessment Regulations
Environmental regulations and standards for environment protection ", abrogating the LR 47/94 and
LR3 / 96, the Basilicata Region fulfills the formal and necessary transposing
European Directive 97/11 and implements the suggestions made in the DPR
12/04/1996 regulating the procedure for the environmental impact of projects pub-
blici and individuals regarding the realization of installations, works and interventions that POS
healthy to have significant effect on the environment.
It is like the law regional framework, because, in line with the
national and Community legislation, is meant to represent a tool stra-
tegic to pursue important goals, such as:
- the statement of environmental impact assessment as a method and
element informant strategic decisions and to ensure timely decisions
environment and health;
- the simplification of procedures;
- definition of a single decision-making process of evaluation and authorization;
- involvement of local self-government system;
- the active participation of citizens in decision-making;
- the transparency of procedures.
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DPCM 12/27/88
"Technical standards for the preparation of studies
environmental impact and the formulation of
environmental compatibility "
DIRECTIVE 85/337 EEC
"Concerning the evaluation of environmental impact
effects of certain public and private projects "
LAW NO 349 OF 07/08/86
"Establishment of the Ministry of Environment standards
concerning environmental damage (art. 6) "
LR 19.12.94 # 47
"Regulation on Assessment
Environmental Impact and standards and
for environmental protection "
LR 13/01/96 N. 3
"Changes and additions
LR 19.12.94 # 47, governed
plina on Evaluation
Environmental Impact and standards and
for environmental protection "
EC DIRECTIVE 96/61 of 09/24/96
"The prevention and reduction inte-
grates pollution "
EC DIRECTIVE 97/11 of 03/03/97
"Concerning the rating of
Environmental impact of certain
public and private projects "
DPR 12.04.96
"Act of address concerning provisions
tions in environmental impact "
LR 14.12.98 # 47
"Regulation of Assessment
Environmental Impact and standards for
environmental Protection"
Prime Ministerial Decree No. 377 08/10/88
"Regulation of pronunciations
DPR 02/11/98
"Supplementary Provisions to the decree
the Prime
08/10/98 Ministers # 377, on
pronunciations of the discipline
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2. The regional law 47/98
LR 47/98 through the formalities prescribed by it, pursues improve-
chin of the environment and of life, the relationship between the Public
Administration, citizens and proponents. So the law represented 47/98
It presents a more enlarged and interactive view of environmental policy based on:
Prior assessment consisting of the previous judgment to be expressed
on the works and interventions proposed in relation to the amendments and to
processes of transformation that could lead to their realization,
directly or indirectly, in the short or long term, temporarily
or permanently, positively or negatively, in the environment the Natura
ral and social and economic reality. The prior assessment therefore
as a precondition for every choice;
Advertising: the publication is made mandatory at Praetorian Register of
Municipalities concerned and, for the projects submitted to the evaluation stage, even
on a regional daily newspaper by circulation; of the deposit of
at the documentation Region.
Information: the interested public can view the document
tion produced by the Office of Environmental Compatibility Regio-
it, which makes available a copy;
Public participation: the associations and committees of class and
environmental protection, individual or associated citizens, a
competent regional Office, requests, comments and opinions. For works
particularly relevant participation is guaranteed through consultation
tions, hearings and public hearings;
Involvement of local institutions: municipalities and provinces territorially
mind interested they express an opinion on the work and take part in the consultation
tions, the hearings and public inquiries.
Coordination and simplification of administrative procedures for
projects subject to the assessment phase and simultaneously subjecting
tati with permits, opinions or authorization regarding atmospheric emissions
sphere, scenic beauty, waste treatments and quarrying is introduced
"Single window" and the region is expressed with only deliberative act.
certain times for the definition of the various procedures, setting a time maxi-
60 days simo for the scoping phase and sceening and 150 days for
the evaluation.
Monitoring and control: the law provides a specific monitoring activities
radius of authorized projects that comprise verification of the timely observed
observance of rules for the realization and management of the work and even-
tuali requirements. In case of violations of the provisions of the law, are pre-
views that sanctions may include the work or adaptation
mode of operation, namely the restoration of the condition of the premises.
2.1. Results and summary
The application of Law 47/98, in the long term, will produce grafted
gabili benefits in terms of better protection of the environment and contribute to the
the development and diffusion of a greater sensitivity than problem-
environmental cies.
In the immediate future for stakeholders from the Po procedures
tranno be recorded the following effects:
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The administration will work with more agile and transparent decision-making systems
will simplify and streamline procedures, as well as inter-
come in more direct and committed role in the evaluation of projects
cross the territory of competence;
The Proponents will have the opportunity to optimize time and resources through
a continuous comparison of a technical nature - Advisory authority with com-
competent, from the earliest stages of the design;
Citizens will benefit from a more careful protection and direct land
where they live, as well as the ability to contribute actively to assess
tation of projects.
2.2. Operational tools
The 47/98 law has effectively increased the categories of works subject to the pro-
procedure. In any case, the provision of two new phases, ie the two new instrument
Operating minds (during scoping and phase screening ) of the EU-Directive
97/11 and advance implemented into Italian law by Presidential Decree April 12
1996 enables the modularity of the procedures in function of the expected impacts
from individual projects.
In the following paragraphs, they are highlighted with different colors the arguments
minds or assets pertaining to the individual stakeholders. In particular:
Activities of the Regional Offices
local government activities
the proponent Activities
Citizens Activities
2.2.1. Scoping Phase
The phase of scoping is optional and can be introduced for projects submitted
the EIA procedure, in order to define the issues that need to be con-
siderati in the Environmental Impact Study. The instrument scoping is therefore
tended to identify, in consultation between competent authorities and proponent,
what information should be provided in the Environmental Impact Study,
and in particular the identification of the expected environmental impacts, alternatives
to consider measures to mitigate the impacts.
For the activation of the phase scoping , the applicant must submit all'Uf-
ficio Environmental Compatibility, a specific request accompanied by:
elaborate project sufficient to indicate the dimensional parameters and structural
tural work;
report that, based on their expected environmental impacts, defines the plane of
Working for the preparation of the environmental impact study.
The competent agency shall give its opinion within the term of 60 days
the date of submission of the application, after which, the proposer may
however start the evaluation phase apart from that opinion. The opinion
emitted during scoping does not prevent the competent office to request
details and additions during the evaluation phase.
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The documentation must contain:
1) elaborate project sufficient to indicate the size parameters
and structural work;
2) report, which on the basis of the expected environmental impacts, defines the
work plan for the preparation of the environmental impact study.
(Art. 12, para 2, a, b)
DOCUMENTATION
Relevant instance
0
30
Time in days
60
A copy of the documentation
The Regional Office Competent
give its opinion within the
period of sixty days from the
submission of the application, trans-
last that period, the proposer
may nevertheless submit the
Environmental Impact Study of pre-
splitting from that opinion.
SCOPING PHASE OF
THE MAKING
prepares the
OFFICE
ENVIRONMENTAL COMPATIBILITY
transmits
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2.2.2. Screening Phase
The phase of screening is introduced for non-phase works to oblige evaluation
tory (works listed in Annex B which do not fall, even partially, in areas
Natural protected and to alterations of existing works covered by
those listed in Annexes A and B, where the increases of the surfaces or
volumes are below the 30% measure) to check whether the project shall
or less be subjected to the EIA procedure;
the verification is carried out by the Environmental Compatibility, which evaluates the
project in accordance with the items listed in Annex D of the DPR
12.04.96. 1
The proposer to activate the phase of screening , must prepare a docu-
tion consists of:
elaborate project with the technical level of sufficient depth to
indicate the dimensional and structural parameters of the work, complete day cartographic
spelling of the site description of the issue and Surrounding;
report on the work relationships with existing environmental legislation,
plans and programs, as well as the list of acts of authorization required for
realization of the project and alternative solutions taken into consideration;
report on possible ambientati effects , arising from the realization of the
proposed project, to be drawn up on the basis of an analysis of components
potentially affected environment, and of those measures planned
to avoid, reduce and, if possible, offset the negative effects of pro-
jet environment.
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1 Annex D DPR 12/04/96
1. Features
The design features must be taken into account in particular in relation to
following elements:
Project size (surfaces, volumes, potential);
Utilization of natural resources;
Production of waste;
pollution and nuisances;
Risk of accidents;
Impact on natural and cultural heritage, taking into account the destination of the areas that POS
are be damaged (in particular tourist, agricultural or urban areas)
2. Location of the project
The environmental sensitivity of geographical areas likely to be harmed by the project,
It must be taken into consideration, taking into account in particular the following elements:
The quality and regenerative capacity of natural resources in the area;
The load capacity of the natural environment, with particular attention to the following areas:
a) coastal areas;
b) mountain and forest areas;
C) areas in which the environmental quality standards of Community legislation have already
exceeded;
d) areas of high population density;
e) important landscapes in terms of historical, cultural, archaeological;
f) state-owned areas of rivers, streams, lakes and public waters;
g) effects work in the neighboring protected areas.
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The aforementioned documents will be transmitted in triplicate together with
a judgment required 2 Office Environmental Compatibility. To the City or
Municipalities affected by the project, the applicant must file a copy of the
above documents along with the request 3 of albo publication
Hall of the municipality or municipalities concerned to an ad containing:
the place of the documents filed with the region;
indication of the work;
the location and a brief description of the project.
The verification phase envisages the involvement of municipal administrations
concerned that express its opinion within 30 days from filing, trans-
past which the opinion is intended by positively. The audience interested
person concerned may submit comments, requests and opinions within thirty days DAL-
the initiation of the procedure. The Office of Environmental Compatibility within 60 days DAL-
initiating proceedings to pronounce on the need to subject the project to
VIA At the expiration date, in the absence of the ruling by
Office, the project is considered submitted for evaluation. The exclusion
sion to the EIA may be subject to any requirements or fulfillment
minds to be taken by the proponent.
Below you are provided a list of documents to be submitted by the
proposer taken from a guide published by the European Commission in 1996:
Commissioned
Name, address and contact point for further inquiries, regarding the person
or organization proposing the project.
Project
Brief description of the nature and purpose of the project. Preliminary plans or drawings.
Size of the project for example in terms of size, surface,
size of the structures, streams, input and output, costs, duration. The program
implementation, including the construction, commissioning, operation, the dismantlement
lament, restore, recovery. Scale of construction activities.
Location
A map and a brief description of the site and surrounding area that indi-
bowed the physical, natural and anthropic such as topography,
ground cover and land use (including sensitive areas, such as
residential areas, schools, recreational areas); planning policies
physical and spatial or zoning; areas and the important elements from the point of
conservative views, scenic, historical, cultural or agricultural; data
hydrology including ground water and in flood risk areas, projects
future development.
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2 A model dell'apposita instance is reported among the attachments
3 A dell'apposita model instance is given in the Annexes
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Potential sources of impact
Brief description of waste and emissions that are expected to be generated
rati from the construction and operation, atmospheric emissions, discharges
water, groundwater and soil, solid waste, byproducts, thermal emission,
noise, radiation, and the methods proposed for the discharge and elimination. character-
tics of access and traffic. hazardous materials used, stored or pro-
ducts on the site. Application for raw materials and energy, and likely sources.
Mitigation
A brief description of all the measures that the developer proposes in order
reduce, avoid or mitigate significant adverse effects.
prescribed Permissions
Finding the necessary permissions for the project.
Other useful information
Relationship between the project and other existing or planned activities;
Other activities as may be necessary and may intervene
as a result of the project (eg. minings, new For-
nish water, production or transmission of energy, construction of
roads, housing, economic development;
Future projects planned on the site and in the vicinity;
Additional demand for services such as wastewater treatment or collection
and disposal of waste generated by the project;
Photos of the site and the surrounding region;
Alternatives in terms of location, mitigation processes or measures of
environmental impacts considered by the client.
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attested documents
separate occurred published
cation and storage
15
The documentation must contain:
1) the project documents;
2) the report of the work relations with the normativaambientale
force;
3) report on the possible environmental effects and possible works mitigated
tion
(Art. 13, comma 1, letters a, b and c)
The municipalities concerned shall issue the statement certifying that
Storage of the project and publication of the ad in
Albo Praetorian
Project Exclusion
the EIA process
with any requirements
Enter the project to
EIA procedure
After the lapse of 60
days into the pro-
hard, in the absence of pro-
nunciamento Office, the
project aims
DOCUMENTATION
Request pronunciation
0
30
Time in days
60
Three copies of the documentation
It expresses the opinion
Care the investigation
inspections has
The Office
The DISTRICTS
transmit
THE PUBLIC
INTERESTED
transmits
Observations,
instances, opinions
Your own opinion
within 30 days
Storage of documents
mentation
SCREENING PHASE
THE MAKING
prepares the
THE MAKING
transmits
Office of Environmental Compatibility
OFFICE
Request publication dell'Anzolo
nuncio in Praetorian Register
(Art. 14 para 1)
THE DISTRICTS
transmits
START PROCEDURE
END PROCEDURE
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2.2.3. Evaluation phase
The evaluation phase consists in the formulation of an overall judgment
to comment on the projects which could result in processes
transformation in the natural environment and the social and economic reality.
They are submitted to the evaluation phase:
works projects or actions listed in Annex A;
works projects or actions listed in Annex B if they fall, even
partially, in protected natural areas;
works projects or actions listed in Annex B in areas not falling
natural protected, subjected to evaluation as a result of the verification phase
(screening);
the extension works of existing works, conform with the com-
taken in Annexes A and B, to the surfaces of the upper volumes increases or
to the extent of 30%.
With regard to works subject to the assessment procedure should be noted
which in the LR 47/98:
the works subject to the procedure are divided into two appendices: Appendix A
(Mandatory) with 23 categories of works and Annex B (procedure
mandatory if in protected natural areas and the verification process in the remaining
areas) with 82 categories of works. Compared to the works listed in Annexes A
and B of the DPR April 12, 1996 in transposing new categories have been introduced
chin in the EC Directive 97/11 and modifications, in accordance with Legislative Decree 22/97
(Ronchi Decree for waste);
the thresholds (Annexes A and B) are all reduced by 50% for ricadenti works in
protected natural areas;
thresholds of falling in Schedule B works have been defined with reference
chin as indicated by the DPR of 12.04.96 with a decrease of 30%
equal to the maximum extent permitted by the decree;
in accordance with Legislative Decree n. 112/98 (Artt.32-35) are
submitted to regional evaluation procedure "" cultivation of hydro-
carbides on the mainland.
Anyone who intends to create a work between those mentioned above must
provide the following documentation :
Environmental Impact Study (EIS) divided according to reference pictures
chin in Annex C (programmatic reference framework, Framework of
reference Progettuale, Environmental Framework) 4 and in accordance
with the DPCM of 12.27.88;
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4 The programmatic Framework provides the cognitive elements on relations between the o-
Pear designed and acts of planning and territorial and sectoral planning.
The programmatic reference framework includes in particular:
a description of the objectives set out in planning tools, industry and territorial, in
which framed the project as well as any disharmony between them;
the description of consistency relations of the project with the objectives pursued by the instruments
planners;
description of the project in relation to the states for implementation of planning tools.
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Project Processed with in-depth technical level sufficient to
fully identify the work to be done and contain all the ele-
minds necessary for the issue of permits and approvals.
Non-technical summary is intended to provide a summary of the study framework
say environmental impact. Such work must still contain a cartographic
17
On the design Framework describes the project and the solutions adopted following
of the studies, as well as the classification in the territory, intended as a site and as an area
wide affected. The precise design of the opera features Framework
designed with particular reference to:
The nature of the goods and / or services;
coverage ratio them to demand and its levels of satisfaction in relation to the hypo-
thesis project examined;
The expected qualitative and quantitative evolution of the supply-demand ratio refers to
presumable technical and economic life of the intervention;
The articulation of the activities necessary for the realization of the work during the construction phase and
those that characterize the exercise;
The technical and physical characteristics of the project and the areas occupied during the construc-
tion and exercise;
The set of constraints and constraints of which had to be taken into account in the preparation of pro-
jet and in particular:
- The technical standards that regulate the construction work;
- The rules and regulations of planning instruments, paesistici and spatial plans, plans for set-
tore;
- The landscape protection, natural, architectural, archaeological, historical, cultural, dema-
Niali and hydrogeological, easement and other limitations to the property;
The constraints induced by nature and vocation of places and special needs
environmental protection.
The technical reasons of design choice and a brief description of the major
alternatives studied;
The settlement optimization measures in the territory and the environment;
Interventions aimed at balancing any imbalances caused on the environment;
The work interaction with the geological model of the ark with particular reference to:
- stratigraphic and geomorphological features;
- Features hydrogeological (aquifers, springs, etc.)
- geotechnical characteristics (slope stability, seabed characteristics etc.
For public works or public importance of the economic analysis results illustration
mica of costs and benefits with the indication of the entity and the retrieval mode of
resources necessary for the execution and the work operation.
The Environmental Framework is developed using analytical and descriptive criteria previ-
sional.
The Environmental Framework:
It defines the territorial scope and environmental systems affected by the project, either directly
mind that indirectly, within which it is to be presumed that they can rise to disturbance
significant on the quality of the same;
Describes the environmental systems involved;
Estimation qualitatively and quantitatively the impacts induced by the work on the system
as well as the environmental impacts of the interactions with the various components and environmental factors
these also in relation to existing relationships between them;
It describes the changes in operating conditions and the potential use of the territory
relation to the existing situation;
Illustrates the systems of intervention in cases of occurrence of particular emergencies.
The components and environmental factors to which we must refer is well understood:
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handwriting with the work location and will have to be prepared choirs manner that
allow easy understanding by the public and easy
playback.
Magnetic holder containing the non-technical summary and the coordinates in For-
niato UTM For works in linear development (water, oil roads,
etc.) coordinates, in UTM format must be expressed with inter-
valleys do not exceed 200 meters.
2.3.1. EIA procedure for works not subject to opinions, authorizations, or nothing
precludes, in terms of atmospheric emissions, waste, quarries and scenic beauty
The aforementioned documents will be transmitted by the proposer in triplicate
Office Environmental Compatibility together with the pronunciation request 5 and
a sworn statement by the editors of the study of environmental impact attested
because of the accuracy of the attachments.
A copy of the documentation must be submitted to the Provinces and
Municipalities territorially concerned by the project; the latter must be received
Also a request for publication in the albo Praetorian the municipality or municipalities
contenente6 interested in an ad:
the place of the documents filed with the region;
indication of the work;
The proposer must also provide for the publication of the above an-
nuncio on a regional daily newspaper.
The process will begin only after the applicant will have to provide the Office
Environmental Compatibility The documents attesting to the publication
tion at the Praetorian Register and the regional daily newspaper by circulation dell'Anzolo
nuncio above.
By the deadline of 60 days from the filing of the documentation, the
Municipalities and provinces concerned are required to transmit their views sul-
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Atmosphere: air quality and characterization meteoclimatic;
Water environment: groundwater and surface water (sweet, brackish and seawater), considered
rate as components, such as environment and resources;
Soil and subsoil: understood from a geological, geomorphological and pedological, under
the environment being tested, and also as non-renewable resources;
Vegetation, flora, fauna, plant communities and animal associations, most signifi- emergencies
cant, protected species and natural balance;
Ecosystems: complexes of components and physical factors, chemical and biological interacting with each other and
interdependent, forming a unitary and identifiable system (such as a lake, a forest, a
river, sea) to its structure, functioning and development over time;
Public health: as individuals and communities;
Noise and vibrations: considered in both the natural environment and human relationship;
ionizing and non-ionizing radiation: the natural environment is considered in relationship
human;
Landscape: morphological and cultural aspects of the landscape, identity of human communities inte-
ressate and their cultural heritage.
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the proposed work, the Office Environmental Compatibility. If no action
that period, the opinion is to positively expressed.
The public may submit comments, requests and opinions all'Uf-
ficio Environmental Compatibility within 45 days from the start of the procedure.
In cases of particular importance, the Regional Council may hold a public
hearing within sixty days from the start of the procedure.
The competent Office, during the investigation, may require the proponent
additions and / or clarifications to the submitted documentation; and clarifications
additions can be provided to the competent office of the pro-initiative
west. The investigation is terminated by the Office within 60 days Since the
the EIA process
In the following 60 days from the end of the investigation, the Technical Committee Regio-
nal for the Environment ( CTRA ) expresses its opinion on the work proposed.
It should be noted that the LR 47/98, in a way, innovative, has provided for the possibility
bility for the proponent of controdedurre the requirements of CTRA
The assessment phase ends with the judgment of environmental compatibility,
expressed by resolution of the Regional Committee, Having consulted the CTRA and
possible counter the proposer with the requirements.
The Regional Council, within thirty days from the expression of the opinion of the
CTRA, expresses the environmental compatibility definitive act.
The environmental compatibility is therefore expressed by the deadline
of 150 days from the start of the EIA procedure. Only in case of provvedi-
complex minds requiring special insights, the term of 150
days may be extended for no more than 60 days .
19
Page 20
20
Documentation proving
after publication
and storage
DOCUMENTATION
of ruling
environmental compatibility
A copy of
documentation
Three copies of the
documentation
Affidavit that
art. 5 paragraph 2
0
60
Time in days
150
The final measure
THE REGIONAL
issues
EVALUATION STAGE
for works not subject to opinions or authorization, to be expressed on emissions
THE MAKING
prepares the
THE MAKING
transmits
OFFICE
THE DISTRICTS
INTERESTED TO PROVINCES
transmits
It expresses opinion on the
environmental work
proposal
THE TECHNICAL COMMITTEE
REGIONAL ENVIRONMENT
It has on-site inspections
Care the investigation
within 60 days
the beginning of
EIA procedure
It expresses an opinion
Observations,
instances, opinions
within 45 days
since the start
procedure
The opinion within
60 days storage
Record
THE PUBLIC INTERESTED
transmits
MUNICIPALITIES AND PROVINCES
transmit
30
120
START PROCEDURE
END PROCEDURE
- Environmental impact study;
- Elements of the project;
- Synthesis non-technical;
- Magnetic holder;
(Art. 5 paragraph 1)
Request publication in Albo
Praetorian (art. 14 paragraph 1)
A copy of
documentation
The municipalities issuing the declaration of
the deposit of the project and
publication Praetorian Register
Page 21
2.3.2. EIA procedure for works subject to opinions, authorizations or clearances
in the field of emissions into the atmosphere, waste, quarries and scenic beauty
For projects subject to EIA procedure and simultaneously made subject
thrown to the opinions or authorizations or clearances, to be expressed with regard to emis-
sions in the atmosphere, quarries and scenic beauty waste the region is expressed
with a single deliberative act .
The applicant must transmit simultaneously:
a copy of the documentation required for the start of its proceedings
minds at the Regional Offices Competent;
three copies of the same documents at the Office Compatibility Am-
ronmental together with the ruling request 7 and a statement down-
Editors installment of the environmental impact study concerning the accuracy
attachments;
a copy of the above documents to the Provinces concerned;
a copy of the municipalities territorially concerned by the project; the latter
Also it must be sent for publication 8 In the issue of the Praetorian
Municipality or municipalities concerned to an ad containing: the place
the documents filed with the region; the indication of the work;
The proposer must also provide for the publication of the above an-
nuncio in a daily newspaper regional spread,
The EIA process will begin only after the proposer will have transmitted
Environmental Compatibility Office the documents attesting to the
publication at the Praetorian Register and on a regional daily newspaper by circulation
of the above.
By the deadline of 60 days from the filing of the documentation, the
Municipalities and provinces concerned are required to transmit their views sul-
the proposed work to the Office Environmental Compatibility. If no action
that period, the opinion is to positively expressed.
The public may submit comments, requests and opinions all'Uf-
ficio Environmental Compatibility within 45 days from the start of the procedure.
In cases of particular importance, the Regional Council may hold a public
hearing within sixty days from the start of the procedure.
The Offices concerned no later than 90 days after the proceeding complement
the investigation felt their technical bodies.
The Regional Technical Committee for the Environment will be convened no earlier than 90
days from the start of the proceedings and expresses its opinion within the following that
sivi 30 days . For such projects, the CTRA, also on the basis of investigation
Offices concerned, is expressed with a single opinion is regarding the compati-
environmental compatibility and in order to comply with the standards for atmospheric emissions
sphere, waste, quarries and scenic beauty.
21
7 see model
8 see model
Page 22
The Regional Council, within 30 days from the expression of the opinion of the CTRA,
It expresses the environmental compatibility definitive act.
The environmental compatibility is therefore expressed by the deadline
of 150 days from the start of the EIA procedure. Only in case of provvedi-
complex minds requiring special insights, the term of 150
days may be extended for no more than 60 days .
22
EVALUATION STAGE
for works simultaneously subject to opinions or authorizations or clearances, to be expressed in
terms of atmospheric emissions, waste, quarries and scenic beauty
DOCUMENTATION
of ruling
environmental compatibility
Three copies of the
documentation
Affidavit that
art. 5 paragraph 2
THE MAKING
prepares the
OFFICE
TO COMMON
INTERESTED TO PROVINCES
transmits
- Environmental impact study;
- Elements of the project;
- Synthesis non-technical;
- Magnetic holder;
(Art. 5 paragraph 1)
Request publication in Albo
Praetorian (art. 14 paragraph 1)
A copy of
documentation
The municipalities issuing the declaration of
Project filing occurred
and publishing in Praetorian Register
OFFICES
REGIONAL AUTHORITIES
A copy of the required documentation
for the start of the related proceedings
THE MAKING
transmits
Documentation proving
after publication
and storage
0
90
Time in days
150
The final measure
THE REGIONAL
issues
It is convened no earlier than 90 days from the start of proceedings
Chin and expresses its opinion within the next 30 days
It has on-site inspections
They take care of the investigation within 90 days after consulting the technical bodies
Observations,
instances, opinions
within 45 days
since the start
procedure
Your own opinion
Within 60 days
Storage of documents
mentation
THE PUBLIC INTERESTED
transmits
MUNICIPALITIES AND PROVINCES
transmit
45
120
START PROCEDURE
END PROCEDURE
Page 23
CAVE SUBJECT TO STREET PROCEDURE
The documentation accompanying the application for the delivery of compati-
environmental compatibility: guidelines
The Environmental Impact Assessment is a procedure by which it is possi-
bile assess in advance the effects of a given intervention in the environment.
The procedure based on some input information, juxtaposes
constant between the final decision makers, proponents and the affected population, consen-
I tend participatory decision.
It is evident that a very delicate point is constituted precisely by the input infor-
tive that constitute the basic elements among the stakeholders in the decision.
The experience gained over the last few years, he has highlighted a number of
issues related to the quality and quantity of the information contained
nute in the documents submitted by applicants for the same type-
nology works. The need for consistent and complete information
resulted, therefore, frequent requests for integration of documentation
tion that not infrequently have produced significant delays on the time needed
to express the opinion of environmental compatibility.
Such circumstances, associated with the risk of discretion sometimes connected to
environmental assessments, create difficult conditions for both pro-
components, both for the technicians in charge of an inquiry and both the interested public.
In order to overcome as far as possible, the difficulties reported above, attra-
towards this brochure Basilicata Region intended to suggest a plan of
work in preparing the documentation accompanying the application for
environmental compatibility. Ferme remaining the peculiarities of the individual
projects and the context in which they are inserted, the work plan is proposed
set itself the following objectives:
completeness and consistency of the information provided;
comprehensibility of the public concerned;
transparency in decision making;
optimization of the investigation to avoid repeated requests for integration work
tion to the documentation.
SCHEMES OFFERED JOB
a) Environmental impact study:
Programmatic Framework
1. Methodology
2. Territorial organization
3. Description of the intervention
4. Programming Tools and national planning
5. Programming Tools and regional planning
6. Programming Tools and municipal planning and comprensoriali
7. Verification of the project consistent with the programming tools and
planning
8. Identification of constraints and measures of protection in the area
23
Page 24
processed:
a) Chorography (scale not less than 1: 25,000 from which the exact location proves
the quarry and its insertion in the context of infrastructure and intended
nations of use of the adjacent territory, and any major constraints
town planning or required by applicable laws. Art. 3 LR 12179)
b) Extracts of territorial planning general and detailed
c) Map bearing any constraints
of design Framework
1. Introduction
2. Location, description of the intervention area and size of the reservoir
3. Accessibility to the quarry
4. Presence of other mining activities in the area
5. Cultivation Program and the investment required for realizza-
tion of the mining complex
6. Description machinery and eventual crushing plant
7. Time-mining investment and production staff usable
8. Volumes and quality of the extractable material
9. Evaluation of the type and quantity of the expected residues and emissions
emission of fumes, dust and noise)
10. Technical Reasons for the choice and design alternatives
processed:
a) Plan location and accessibility hollow area
b) Plan showing active quarries in the area in the studio
c) Scheme eventual crushing plant
Environmental Framework
1. Analysis of environmental quality
1.1. Atmosphere (precipitation, temperature, direction of prevailing winds, etc.)
1.2. Water environment (hydrology and hydrogeology)
1.3. Soil and subsoil (geological features, technical features of the terms
kidneys design of interest, the area of the quarry stability during the various phases
cultivation)
1.4. Flora and fauna
1.5. Features of human activities
1.6. Landscape Features
2. Effects of the project on the sensitive environmental components
3. Estimation of the anticipated impacts
4. Measures envisaged to prevent and / or mitigate adverse effects
5. Environmental Recovery Interventions
6. Conclusions
processed:
a) Geological map (scale not less than 1: 2,000 with claims implying
also about the different lithological members, the margin deposits, the attitude
of the layers, the structural discontinuity and the consistency of the reservoir)
24
Page 25
b) Paper hydrogeological (with at least an indication deiprincipali complex hydro-
geological, deipozzi, and well-springs around present in a significant
the quarry basin)
c) Geological sections
d) Charter geomorphological (with indications about hydrography DEL-
the area, aifenomeni of instability and those erosive)
e) Geognostic
fi stability checks (also carried out under dynamic conditions)
g) use of soil Paper
h) Charter of vegetation cover
i) Charter of the features of the landscape (natural landscapes, manmade and
landscaped areas of interest etc.
j) wildlife List
k) the visibility paper with identification of the observation points
1) Paper of noise during operation
m) Plan to relapse of the powders ground
n) Plan of photo-point shooting
o) Photographic documentation of the current situation
p) inserting graphical simulation of the quarry in the landscape
q) graphic of the quarry environmental recovery Simulation
r) planner and transverse and longitudinal sections with environmental recovery and
Details of the type interventions
b) project Processed:
a) Technical Report (proponent and availability of the area, inquadra-
chin territorial, morphological description of the context and landscape,
Site accessibility, legislative and planning restrictions, elaborate list)
b) technical-economic report (with some guidance as to the cultivation plan
tion, the average annual production, systems and the stages of cultivation, the
machinery and to facilities, work units, the use of the material
extract, the financial plan, the economic benefit, the duration of
cultivation of the factors about the technical-economic capacity
mica, etc.)
c) geological report (containing information about the characteristics
geological, geo-morphological and hydrogeological area and on the parameters
physical mechanics of the rocks affected by the cultivation work, specifying
cando in detail the existing agricultural and forestry as expected
art. 3 of 12/79)
d) geological Attachments (drafted by a) to letterafi framework of environmental
such)
e) Corografia (drafted letter a) of the policy framework)
f) Plan location and accessibility of the area affected by the works of
cultivation (drafted letter a) of the planning framework)
g) register planner
h) quoted state of affairs Plan
i) Plans topographical first excavation phases
j) Plan topographical last stage of excavation
k) Sections of longitudinal and transverse cultivation
25
Page 26
l) planner and transverse and longitudinal sections with environmental recovery and
details of interventions (drafted the letter r) of the environmental framework
such)
m) Calculation of volumes
n) Photographic documentation of the current situation (elaborate let-
tera o) of the environmental framework
c) Non-technical summary:
1) Introduction
2) Mining and quarrying
3) Relationship with plans and programs
4) Constraints
5) Regulation of the
6) The project
7) Analysis of the environmental quality
8) Effects on the environment
9) Estimate of expected impacts
10) The measures to avoid and / or mitigate the negative effects
11) Environmental recovery
12) Conclusion
processed:
a) Plan showing location and accessibility hollow area
b) Scheme and growing sections
c) graphic of the quarry environmental restoration Simulation
d) Magnetic support:
Synthesis non-technical
Coordinates in UTM format.
LANDFILL OF "I" and "II" CATEGORY SUBJECT TO THE PROCEDURE
ENVIRONMENTAL IMPACT ASSESSMENT
a) Environmental Impact Study
1. Methodology
3. Description of the intervention
4. Programming Tools and national planning
5. Programming Tools and regional planning
6. Programming Tools and municipal planning and comprensoriali
7. Check the consistency of the project with the objectives of the pro tools
programming and planning
8. Identification of constraints and measures of protection in the area
26
Page 27
processed:
a) Corografia
b) Extracts of the general and regional planning tools particolareg-
giati
of design Framework
1) Location, description of the intervention zone
2) accessibility to the landfill (with an indication on the road in a
around significant
3) The project (total capacity of the landfill, durability, evaluations
about the excavations and to carry-overs, cultivation planning, protection
groundwater, leachate collection and disposal systems,
characteristics of electrical installations, uptake and utilization of biogas, the
regimazione of internal and external surface waters, etc.)
4) The management of the landfill and the plant organization
5) fence, security systems and fire
6) rating on the type and amount of the expected residues and emissions
7) Procedures to be taken and the means of intervention envisaged in the case of emer-
gency (both during construction management)
8) Reasons techniques of design choice and workarounds
9) measures Measures and interventions provided for a better insertion DEL-
the work environment
processed:
a) Plan landfill location and the existing road network and project
b) Plan location with landfill and industrial zones (only for disca-
riche class II)
c) Plan topographical state of fact (also showing any plants
Technological air networks and / or underground electricity cables, conductor
methane and / or water etc.).
d) transverse and longitudinal sections was braids done
e) Plans of topographical stages of cultivation
f) planner topography of the landfill at the end of construction and the end of cultivation
tion
g) longitudinal and cross-sectional areas of cultivation phases (also bearing
the laying surface of the layer of clay and the banks, the waste laying surface,
the system for collecting the meteoric waters, together with the recipient's body
and the waterproofing system)
h) of the Charter of the atmosphere simulation component input
1. Analysis of environmental quality
1.1. Atmosphere (precipitation, temperature, wind
1.2. Water Environment (including information on the flooding, sections and Por-
tate of the waterways in the system at the level of groundwater and
data on groundwater withdrawals)
27
Page 28
1.3. Soil and subsoil (geological features, technical characteristics and Por-
importance of the design of interest land, seismic microzonation, stabi-
ity area
1.4. Flora and fauna
1.5. Features of human activity
2. Effects on the environment
3. Environmental impact assessment
4. Measures envisaged to prevent and / or reduce the negative effects during construc-
tion and management and post-closure
5.1. Monitoring systems
6. Environmental Recovery (timing and mode)
7. Conclusions
processed:
a) Paper direction of prevailing winds
b) geological-lithological Paper
c) Charter geomorphological (with indications on the main lines of
outflow)
d) Hydrogeological map (showing the general trend of the surface Pie-
zometrica and the main flow directions, the underground watershed,
any water wells, piezometers existing landfill and any
other element considered significant to illustrate the general characteristics
of the territory)
e) stratigraphic sections containing information about the geology of the area and the e-
ventuale aquifer
f) Results geological surveys
g) Tables for checks and stability calculations diportanza
h) land use map
i) Paper plant cover
j) Paper landscape features (natural landscapes, humanized, scopes
of natural interest)
k) wildlife List
l) Charter of environmental values through overlays of previous levels of information
m) visibility of the card with identification of the observation points
n) Charter visual access
o) Plan-lapse
p) Photos in the current situation
q) Photo insertion landfill
r) Plans of landscaped insertion scheme and environmental recovery
landfill
s) transverse and longitudinal sections with environmental recovery
t) Table anticipated effects of mitigation works
a) Technical Report
b) geological report (with elaborate already contained in the environmental context
the SIA: Paper geological-lithological, geomorphological Paper, hydro-
geological, stratigraphic sections, geotechnical investigation results)
28
Page 29
c) Corografia indicating landfill location and existing roads and
project (already contained in the elaborate design of the framework)
d) Plan including information on the uses both infase current that-
future of land next to the landfill
e) dimensioned plan was braids done (already contained in the papers of the picture
design
f) Project Plan (signposted on the control systems: wells, be drained
Naggi under towel etc.)
g) Plan completed facility cultivation
h) the quantity and detailed diagram of the system and sizing
i) A plant for the treatment of waste prior to disposal in landfills
j) Sections tub / sche
k) network planner drainage and leachate collection tank
1) Details mains drainage and collection tank
m) Plan white water disposal (to the end of construction and late cultivation
tion)
n) Charter on the uptake network, disposal or reuse of biogas
o) Plan and sections of road works
p) Sections forecourt services
q) Plan fences and general technology networks
r) Plants elevations and sections fabbricatoli or box facilities (offices, changing rooms etc.
s) Plants, elevations and sections for any vehicle washing installations
t) Pesa
u) Electrical connections
v) Organization yard services and related technological networks
w) Detailed list of machinery, equipment and their accessories
of measuring instruments, regulation and control and their accessories
x) Sections constructional details bearing (crowning, bottom and sides,
Final closing layer, detected embankment, waterproofing system,
leachate collection sump, perimeter fence, lighting, weighs,
tanks, septic tank etc.).
y) Monitoring System
For Public Entities:
a) List prices and analysis
b) Computation metric and estimate
c) Special tender specifications
1) Introduction
2) The activity of the landfill (waste conferrable, capacity, durability, etc.).
4) Constraints
8) Analysis of impacts (atmosphere, aquatic environment, soil, subsoil, flora,
wildlife, public health, noise, landscape, anthropic aspects)
29
Page 30
9) measures envisaged to prevent and / or reduce the adverse effects
10) Environmental recovery
11) Conclusions
processed:
a) Plan showing the landfill location and accessibility to this
b) Plan location with landfill and industrial zones (only for landfills
second class and already contained in the papers of the elevator is designed Framework
tuale)
c) Schemes and project sections
d) Inserting landscape and environmental recovery of the landfill
e) Diagram of the possible impacts
Coordinates in UTM format
CONSTRUCTION OF A ROAD SUBJECT TO THE PROCEDURE evaluation
TION OF REGIONAL ENVIRONMENTAL IMPACT
a) Environmental impact study:
2. Regional Development Plan
3. national transport plan
4. Regional Transport Plan
5. Environmental Protection Plan
6. Plans General regulators
processed:
a) Chorography intervention showing the local road network
b) Extracts of territorial planning general and detailed
of design Framework
1) Question of transport in the district served for the application
current and future
2) Technical standards that regulate the construction work
3) description of the choices and design constraints
4) technical and physical characteristics of the project
5) The nature, quantity and origin of the materials required for the construction
work.
6) Quantity and quality of materials to take to the landfill, and their location
restoration
7) Alternative solutions
30
Page 31
processed:
a) Track discretized
b) Section types
1. Environmental Framework at present
1.1. Atmosphere (precipitation, temperature, wind
1.2. Water environment (field survey, surface hydrology, hydrology sub-
Terranea)
1.3. Soil and subsoil (geological and structural features, characteristics tech-
niche and lift of the design of interest terrains, microzonation SIS-
mica, the stability, soil and land use
1.4. Vegetation, flora, fauna and ecosystem elements
1.5. Noise and vibrations
2. Environmental Framework: Impact Analysis
2.1. Atmosphere (identification of work - environment interactions; Model
forecast; Estimation of future emissions; Impact predictions
2.2. water Environment
2.3.Suolo and subsoil
2.4.Vegetazione, flora, fauna and elements ecositemici
2.5.Rumore and vibration (projected reference framework, operational procedure
tive for the prediction of impact, results)
2.6.Paesaggio
3. Environmental Framework: estimated impact
4. Mitigation measures of impacts
processed:
a) Paper direction of prevailing winds
b) geological-lithological Paper
c) Charter geomorphological (with indications on the main lines of
outflow)
d) Hydrogeological map
e) Sections stratigraphic
f) Results geological surveys
g) Tables for checks stability and bearing capacity calculations
h) Charter of ecosystems
i) Paper land use
j) Paper vegetation cover
k) Paper landscape features (natural landscapes, humanized, scopes
of natural interest)
1) Elencofauna
m) limit the Charter of visual access
n) Charter acoustic and atmospheric aspects
o) estimate of the impacts Chart
p) Plan-lapse
q) Photo in the current situation
r) Photo entry road
31
Page 32
s) Planimetria comparison between two paths
t) Plans of landscaped insertion scheme
u) transverse and longitudinal sections with environmental recovery
a) Technical Report
b) geological report (with geological annexes provided in the environmental framework)
c) General plan
d) tracking Plan
e) Performance elevation
f) longitudinal profile together
g) Cross-Sections
h) construction Sections
i) Sections of road type body and of the superstructure
j) Verification of the superstructure and geotechnical calculations
k) Plans, sections and elevations major works of art, minor art works,
fittings and fixtures
l) Construction drawings of the works of mitigation and eventual plan main-
tention needed to maintain its effectiveness
m) Check hydraulic
n) planner and profiles of the nodes
o) Plan, profiles and sections of all interference with other works and services
both public and private
p) planner horizontal and vertical signage
q) accessories Equipment
r) Computation earthworks
s) Expropriations (piano plot graph and descriptive)
t) Permissions
u) Attachments related to passive safety, risk analysis and movement
materials
v) Analysis of prices
w) detailed and summary estimate of the work
x) Specifications
y) Technical Annex to the restoration of the site areas
z) Maintenance Program
1) Introduction and object of the study
4) Constraints
8) Analysis of impacts (atmosphere, aquatic environment, soil, subsoil, flora,
wildlife, public health, noise, landscape, anthropic aspects)
9) The study results: variations and mitigations
10) Conclusion
32
Page 33
processed:
a) Schemes and project sections
b) Inserting landscaping and environmental recovery of the landfill
c) Schedule of possible impacts
Coordinates in UTM format with intervals not exceeding 200 meters.
ATTACHMENTS
ANNEX 1 LAW 47/98
33
Page 34
34
Page 35
35
Fax similar publication of regional newspaper
BASILICATA REGION
City of ____________
NOTICE OF EIA PROCEDURE
(Under LR 47/98 art. 11 "DISCIPLINE OF THE IMPACT ASSESSMENT
ENVIRONMENTAL REGULATIONS AND ENVIRONMENTAL PROTECTION ")
PROPOSING
(Company ... .. and See)
On _________________ it was filed with the region Basi-
licata Office of Environmental Compatibility of the Department of Environment and
Territory the environmental impact study for the project ________
________________ ______________________ it is falling in municipalities
Such intervention for its type is sottoposrto to evaluation procedure
tion of environmental impact in accordance with LR 47.98 as Rica-
tooth in Annex A of the above-mentioned law.
The project involves __________________ (short description of the project)
________________________________________________________________
Della on the application of EIA documentation can view
in the Basilicata Region, Office of Environmental Compatibility
Department of Environment and Territory - Via Anzio, 75 Power,
Interested parties may submit their comments within 45
days before the start of the EIA process, by sending a formal communication
tion to: Basilicata Region, Department of Environment and Territory. -
Bureau of Environmental Compatibility, Via Anzio 75-85100 Power
The Proponent
(attorney)
Place and date
For information: contact information and the proposer phones.
Page 36
36
Fax similar publication praetorian register the affected joint for screening
City of ___________________
NOTICE OF PHASE VERIFICATION PROCEDURE "SCREENING"
PROPOSING
On ________________ it was filed with the region basilicas
ed to the Office of Environmental Compatibility and Environment Department
Territory documentation pursuant to art. 13 of the LR 47/98 relating
tive to progetto________________________ falling in the municipalities of
__________________________________________________________
Such intervention for its type is sottoposrto to verification procedure
"Screening" under LR 47/98 as falling in Annex B
of that Act.
________________________________________________________________
Of the relevant documentation to the instance of the "screening process"
you can view at the Basilicata Region, Office gnetic
Environmental bility of the Department of Environment and Territory - Via Anzio,
75 Power,
days before the start of the screening procedure, by sending a formal communication
tion to: Basilicata Region, Department of Environment and Territory., Office
Environmental compatibility, Via Anzio, 75-85100 Power.
The Proponent
(attorney)
Place and date
Page 37
37
Fax similar publication on the municipal of the affected joint
City of ___________________
NOTICE OF EIA PROCEDURE
PROPOSING
On ____________________ it has been filed with the Region
Basilicata Office Department of Environmental Compatibility
Environment and Territorioi the study of environmental impact relating to the pro-
________________________ _________ jet falling in municipalities
__________________________________________________________
Such intervention for its type is sottoposrto to evaluation procedure
tion of environmental impact in accordance with LR 47.98 as Rica-
tooth in Annex A of the above-mentioned law.
________________________________________________________________
Della on the application of EIA documentation can view
in the Basilicata Region, Office of Environmental Compatibility
Department of Environment and Territory - Via Anzio, 75 Power,
days before the start of the EIA process, by sending a formal communication
tion to: Basilicata Region, Department of Environment and Territory -
Bureau of Environmental Compatibility, Via Anzio 75-85100 Power
The Proponent
(attorney)
Place and date
Page 38
38
Fax similar demand for environmental compatibility (VIA)
At BASILICATA
Via Anzio 75-85100 POWER
SUBJECT: Request for environmental compatibility under
LR 47/98 art. 5 "Regulation of environmental impact assessment
and that standards for environmental protection "- Draft _______________
in the City of ________________Ditta Proponent ________________
In accordance with LR 47/98 art. 5 the company _________________________
based ____________________________ legally represented
by Mr. ____________________________________________________,
REQUESTS
The environmental compatibility under the rules
force, relative to the project ____________________________ Rica-
dent in the City of _____________________________, which for its
characteristics and types falls under Annex A of the above-mentioned law.
It transmits and settles for the investigation and for the public inspection in the tri-
ple copy of the following documents:
a) environmental impact study (EIS)
b) the project papers
c) non-technical summary
d) magnetic media containing the non-technical summary and coordinated
born in UTM format (for works in linear development (aqueducts,
roads, pipelines, etc.) coordinates in UTM format, will
It is expressed in intervals not exceeding 200m)
It is noted that the beginning of the Environmental Impact Assessment
It will be subject to the presentation at the office of the test Codest
the fact of publication of regional newspaper and broadcasting and
posting in the Albi magistrates of the municipalities concerned (Art. 11 LR 47/98)
The Proponent
(attorney)
Place and date
Page 39
39
Fax similar demand for environmental compatibility (SCREENING)
At BASILICATA
Via Anzio 75-85100 POWER
SUBJECT: Environmental Verification Request pronunciation "screening" to
under LR 47/98 art. 4 paragraph 2 "Regulation of assessment
and environmental impact standards for environmental protection "- Draft
_______________ in the Municipality of _______________________________
Company Proponent ____________________________________________
In accordance with LR 47/98 art. 4 paragraph 2 and Title III of art. 13-14 and 15 firm
________________________ _____________________ based legally
mind represented by. __________________________________,
REQUESTS
The environmental audit pronunciation "screening" under normalized
tive force, relative to the project _____________________________
falling in the City of _____________________________, which for
its characteristics and types falls under Annex B of the above-mentioned law.
It transmits and settles for the investigation and for the public inspection in the tri-
ple copy of the following documents:
a) Elaborate of project work
b) Report of the work relationship with environmental legislation
force, with plans and programs, as well as list of acts authorization
tive;
c) Environmental Report describing the effects of the work sull'am-
environment;
It is noted that the beginning of the verification procedure "screening" will be subor-
ordinated presentation at the office Codest proof avve-
Nuta publication at the Albi magistrates of the municipalities concerned (Art. 14
LR 47/98) and of the deposit of a copy of such documentation
in the municipalities where the project falls.
The Proponent
(attorney)
Place and date
Page 40
40
Page 41
Part I
LAWS, REGULATIONS AND ORDERS
OF THE REGION
Regional Law 14 December 1998 n. 47
DISCIPLINE OF ENVIRONMENTAL IMPACT ASSESSMENT
AND STANDARDS FOR ENVIRONMENTAL PROTECTION
THE REGIONAL COUNCIL
has approved
COMMISSIONER OF GOVERNMENT
He has been affixed
THE PRESIDENT OF THE REGION RECEIVED
promulgates
The following law:
TITLE I
P RINCIPLES G ENERAL E O PEARS S OGGETTE
THE D ISCIPLINA
ART. 1
General rules
1. The Region Basilicata, in order to protect and improve human health, forty
ity of life, flora and fauna, safeguarding the patri-
natural and cultural ammonium, the ecosystem playback capability,
of resources and the multiplicity of species, discipline with the present law,
in implementation of DPR12aprile 1996 and in accordance with EU Directives
85/377 and 97 / 11LA procedure for environmental impact assessment
public and private projects referred to in article 4, regarding work
building, plant, works, interventions which might have significant inci-
dence on the environment.
2. The environmental impact assessment is to estimate judgment
Total to be expressed on the works and interventions proposed in relating
tion to the modifications and the processes of transformation that their realiz-
41
Page 42
tion may result directly or indirectly, in the short or
long term, temporarily and permanently, positively or
negatively in the natural environment and the social and economic reality.
3. In the environmental impact assessment procedure are distinguished:
a) the assessment phase (EIA) aimed at analyzing the impact study
Environmental and the subsequent expression of the judgment of compatibility
environmental;
b) the verification phase (screening) aimed at determining whether the project
It should or should not be subjected to the next evaluation stage.
ART. 2
Essential Factors for evaluation
Environmental Impact
An environmental assessment is concerned, the following factors Essen-
tial and their interrelationships:
a) human beings, fauna, flora;
b) soil, water, air, climatic factors and the landscape;
c) material assets and cultural heritage;
d) the interaction between the factors referred to in letter a), b) and c).
ART. 3
Within the protected areas and territories under protection
paesistica, are only possible types permitted by the relevant plans, Regulation
minds and establishing laws.
ART. 4
Works subject to the procedure
environmental impact assessment
1. They are submitted to the evaluation phase:
a) works projects or actions listed in Annex A;
b) works projects or actions listed in Annex B if they fall,
even partially, in protected natural areas;
c) works projects or actions listed in Annex B in areas not falling
natural protected subjected to evaluation as a result of the verification phase;
d) on extension of existing works, conform with the com-
taken in Annexes A and B, to the surfaces of the upper volumes increases or
to the extent of thirty percent.
42
Page 43
2. They are subjected to the verification phase:
a) the projects listed in Annex B except falling in protected natural areas;
b) the extension of existing interventions works, falling into those com-
taken in Annexes A and B, for the surfaces and volumes increases, until the
measuring thirty percent.
3. For projects submitted to the verification phase, the Region decides whether to give effect
in the evaluation phase.
4. For works projects or works subject to the phase of the evaluation pro-
the west has the right to ask the Region making a pre-stage
liminal aimed at the definition of the contents of the impact study
environmental (SCOPING).
5. Excluded from the procedure VIAgli taking actions in emergency route
for protection against disaster people or following declaration
tions of a state of emergency under dell'art.5della L.24-2-92 225.
6. In the case of works falling in Annexes A and B whose realization is expected
more functionally connected phases, the proposer is required to submit
a report on the overall project, including all the elements of
under Article 13, paragraph 1 of this Act.
7. For the purposes of this Act protected areas those defi-
ned by Law 394 of 12/06/91 and the related regional requirements.
8. The environmental impact studies must be drawn up by professionals inhabitant
litati.
TITLE II
F ASE OF V EVALUATION AND G IUDIZIO
OF C OMPATIBILITY A E NVIRONMENTAL
ART. 5
Documentation
1. Anyone who intends to carry out a work submitted pursuant to this
reads the assessment phase as per 1 ART.4comma must
submitted to the Office of the Department Environmental Compatibility
the Regional Social Security and Environmental Policies hereinafter referred to as
born Competent Regional Office, appropriate application of com- ruling
environmental compatibility accompanied by the following documents in triplicate:
a) environmental impact study (EIS), organized according the paintings refer-
rimento listed in Annex C;
b) the project documents with in-depth technical level sufficient
to fully identify the work to be carried and contain all the
elements necessary for the release of the necessary authorizations and
approvals;
c) non-technical summary is intended to provide a summary of the framework
environmental impact study.
43
Page 44
Such work must still contain a cartography located
and the work must be written with such as to allow an easy mode
understanding by the public and easy playback;
d) magnetic media containing the non-technical summary and the coordinates
UTM format, for works in linear development (water supply, roads,
pipelines, etc.) coordinates, in UTM format, must be
expressed at intervals not exceeding 200 meters.
2. The accuracy of the attachments is attested by appropriate affidavit by
Editors of the study of environmental impact.
ART. 6
Ratings
1. For works subject to the assessment stage, to the compatibility
Environmental responsibility of the Regional Council which is expressed, since the opinion of the
Regional Technical Committee for the Environment (CTRA) referred to in
ART.16, definitive act that considers any proposals remarks
and allegations submitted pursuant to the following artt.8- 9 and 10 expressing
on them.
2. The decision referred to in the previous paragraph shall be delivered within 150giorni Since the
of the EIA procedure as indicated nell'art.11 paragraph 3 except for the extensions
referred to in paragraphs 5 fourth article 7, paragraph 5 of article. 9 and paragraph 7 of article 10.
3. The Regional Council positively assesses the environmental impact when sus-
sistono the following conditions:
a) the project proves globally consistent with the purposes of this
law, with particular regard to the needs of prevention and protection
health and hygiene, protection of the environment from pollution, to safeguard
guard of the areas which present a particular fragility from a geological side
and hydrogeological;
b) the realization of the project adheres to the pianifica- tools
tion and current programming.
ART. 7
Investigation - Final Ruling
Effectiveness
1. The investigation on the environmental impact study is conducted by Regio-
Competent nal within 60days beginning of the EIA procedure
2. Within 60days after the date referred to in the preceding paragraph expresses the CTRA
opinion on the environmental impact of the work proposed.
3. Within 30days from the expression of opinion by the council CTRA
Regional emits the final measure.
44
Page 45
4. In the case of complex measures relating to works that require parti-
appro-fondimenti Colari, inquiries or public hearings, the terms set out in
paragraphs 1 and 2 of this Article may be extended for no more than
60days by an act of the competent Office Manager.
5. The competent regional office may require additions to the proposer
the documentation submitted, indicating a reasonable time to
the risposta.Anche the proposer may, on its own initiative, provide integration
tions to presentata.Se documentation integrations are judged to
significant interest to the public, the Regional Office Competent can
require that knowledge is given according to the procedures referred to
all'art.11.Nel case where the applicant fails to comply, shall not occur all'ul-
teriore during the evaluation.
6. The time period of effectiveness of the positive judgment of compatibility
environment for any work or initiative is established by the Regional Council of
proposal of CTRA and can be, at the request of the applicant, extended
by special reasoned decision.
7. Authorization for the construction of each work or initiative subject to VIA
It is subject to the satisfactory of environmental compatibility.
ART. 8
Opinion bodies territorially interested
1. The applicant is required to deposit with the Provincial Administrations and
Municipal territorially interested in the execution of works sog-
ject VIA a copy of the documents referred to in art. 5 paragraph 1.
2. By the deadline of 60days and the Provincial Administrations
Municipal convey their views on the work proposed Office Regio-
Competent final. After that time the opinion is to express positions
tively.
ART. 9
Instance of the public concerned
and contradictory
1. The bodies, associations, committees, representatives of the category or interest
collective, environmental protection associations, citizens, individuals or
associates interested in the opera, can present the Regional Office
Competent observations, requests, opinions within 45giorni since the pro-
failure of VIA
2. A copy of the submitted work for an EIA has been deposited at the Of-
ficio Regional Competent available to the public.
45
Page 46
3. The Director General of the Department of Social Security and environmental policies
these, after hearing the Regional Office in charge, according to the importance dell'o-
pear, promotes consultations and hearings with cognitive subjects, institutions
and associations concerned or who have submitted observations in order to
inform, acquire elements of knowledge, indicate the mitigation measures
and control.
4. The proponent can ask the Regional Office Competent
convene a special with the parties that have submitted
tato opinions or verbal osservazioni.Il adversarial is acquired and evaluated
tato for the dispute in art. 6.
5. When the proponent intends to standardize the project, in whole or in
part, opinions or comments, or to issues uncovered during dell'audi-
tion public consultations, or adversarial, so requests
Competent Regional Office, indicating the time necessario.La
request interrupts the end of the procedure which takes its course with
the filing of the amended draft.
ART. 10
public Hearing
1. The public provided in article 9 can also be consulted on the initiative of
Regional Council which, for particularly important work, can hold within
60days since the public hearing process.
2. The hearing shall be held in the town or in one of the municipalities involved all'esecu-
tion work.
3. hearing will give notice by publication in a daily newspaper dif-
regional fusion and through public posters to put up in the municipality or
Municipalities interested in the opera.
4. The Regional Committee shall appoint the Chairman of the Inquiry
Public as well as an expert and a secretary assisting the Presi-
tooth.
5. Anyone can attend the public hearing and take action in order to
cognitive issues, technical and scientific directly atti-
nents opera or planned intervention and its effects on the environment.
6. Of Public Hearing is, by the Secretary, drafted process-ver-
bale that subscribed by the same and by the President, it is transmitted Man-
Regional ministration within ten days from the date of completion dell'au-
diction.
7. In the case proceed to a public hearing within the meaning of this Article
Article, the term referred to in paragraph 1dell'art.7 is extended to 30days.
46
Page 47
ART. 11
Publication of the study
and early procedure
1. At the expense of the subject of the work promoter is subject to EIA
the filing date news of the environmental impact study
In the album via insertion hall of the municipality or municipalities territorially
mind interested and on a regional daily newspaper by circulation of an ad
containing the indication of the work, its location and a summary
description of the project.
2. The proposer integrates the documents referred to in ART.5della documented
tion attesting to the publication referred to in paragraph 1, the place
deposit at the provincial and municipal administrations of documents
provided dall'art.8comma 1 and, for such works, that they have started the
procedures referred to in paragraph 2 ART.18.
3. The investigation procedure for works subject to EIA is deemed to be initiated
the date of the relevant Regional Office presentation dell'integra-
tion referred to in the previous paragraph.
ART. 12
Definition of Preliminary Phase
information ( "SCOPING")
1. For projects submitted to the evaluation stage, it is the faculty of the proposer
request, the Competent Regional Office, the start of a preliminary phase
to establish, as part of what is contained in Annex C and in relating
tion to the characteristics of the project and environmental components
be affected, the information should more
characterize the study of environmental impact and the degree of their-depth
Dimento.
2. For the initiation of phase referred to in paragraph 1, the proposer presents a special
application accompanied by:
a) elaborate project sufficient to indicate the dimensional parameters and
structural work;
b) report that, based on their expected environmental impacts, defines the plane
work for the preparation of the environmental impact study.
3. The Regional Office Competent deliver its opinion within
sixty days from submission of the application, after this period the
proposer may still present the study of environmental impact pre-
splitting from that opinion.
4. The opinion issued at this stage does not preclude further inquiries
during the evaluation phase.
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Page 48
TITLE III
F ASE OF V ERIFICATION ( "S CREENING ")
ART. 13
Documentation
1. Anyone intending to realize a work submitted pursuant to this
reads the phase of verification referred to ART. 4 paragraph 2 is obliged to pre-
submit to the appropriate regional office, a request pronunciation
accompanied by the following documents in triplicate:
a) elaborate project with the technical level of sufficient depth
to indicate the dimensional and structural parameters of the work, complete
thematic mapping of description of the site and surrounding area;
b) report on the work relationships with existing environmental legislation,
plans and programs, and the list of documents necessary authorization
for the realization of the project and alternative solutions taken into
consideration;
c) report on the possible environmental effects, arising from the realization
the proposed project, to be drawn up on the basis of an analysis of com-
potentially affected environmental components, and a description of
measures envisaged to prevent, reduce and, if possible, offset the
negative effects on the environment.
2. A copy of the documents referred to in the previous paragraph shall be filed
the Competent Office available to the public.
ART. 14
Authorities Participation
and the interested public
1. The proposer of a work subject to the verification step is required to deposition
tares among the municipalities territorially interested in
project execution copies of the documents referred to in article 13
and to give news of the filing in the region by Enter-
In the album tion hall of the municipality or municipalities concerned to an ad
containing the indication of the work, its location and a summary
description of the project.
2. The investigation start with the integration by the proposer of the document
mentation certifying the deposit at the Administrations
Municipal concerned and the successful publication Praetorian Register referred to
preceding paragraph.
3. The public may submit comments, requests, opinions within
30days after the proceeding.
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Page 49
4. The Municipal Administrations concerned express its opinion within
30days after deposit by which the opinion is intended by positively
mind.
ART. 15
Measures
1. The Regional Office Competent within 60days since the start procedure
pronounce on the need to subject the project to the stage of evaluation
zione.Trascorso the aforementioned term, in the absence of pronouncement by
competent office of, the project is considered subjected to phase
rating.
2. The Regional Office Competent may make the decision for exclusion
by the EIA indicate any requirements or obligations to be adopted by
the applicant.
3. At the regional administration has established a register, available for
public consultation, containing the list of projects submitted to
occurs together with the respective outcome.
4. The opinion referred to in paragraph 1 is expressed taking into consideration comments
received and the exclusion from the EIA procedure is evaluated positively
mind when the project conforms to the tools
planning and force programming and the main effects are com-
patible with the requirements of sanitary-protection and safeguarding dell'am-
environment.
5. The proposer of a work, submitted pursuant to this law to the phase
verification referred to in art. 4, paragraph 2, may, on its own initiative capacity, enable
vare directly to the evaluation phase.
TITLE IV
O RGANI T ECNICI E C OORDINATION P ROCEDURES
ART. 16
Regional Technical Committee
for the environment
1. There shall be the Department Social Security and Environmental Policies
Region of the Regional Technical Committee for the Environment expressing
opinion referred to Art. 6 paragraph 1 and ART. 18 paragraph 4.
2. The Committee referred to in the previous paragraph shall be convened and chaired by Dirigente
General People's Security Department Social and Environmental Policies or
his deputy and comprises:
49
Page 50
a) the General Manager of the Regional Department of Social Security and
Environmental Policies or his delegate;
b) by the Regional Office Manager Environmental Compatibility;
c) the Executive Office Regional Prevention and Environmental Safety;
d) by the Manager Regional Office Protection of Nature;
e) by the Regional Office Director Urban Planning and Environment;
f) from Cave of the Service Manager and Mines;
g) the Director General dell'ARPABo delegate.
The General Manager of the Regional Department of Social Security and Poly-
cies Environmental and General Director with his dell'ARPABpossono
delegation be replaced by other officer or official employed at the Of-
ficio same.
3. The secretariat functions are carried out by an employee on duty
at the Department Social Security and Environmental Policy appointed
by the General Manager.
4. At the Commission's sessions, where the Chairman deems appropriate,
participate, on an advisory basis experts and / or consultants appointed by
Regional Council or other officers or officials of the Region or other
Public Administration concerned.
5. Meetings of the Commission are carried out in the presence of the majority
ance absolute componenti.Le determinations are valid if adopted
by the affirmative vote of a majority of presenti.In case of equal pre-
worth the Presidente.Di vote each Commission meeting shall be established
The minutes showing at a glance the performance of the work, the name
of participants and conclusions and decisions adottate.Su proposal of the Presi-
tooth or of the Commission components, groups can be established
Work for the preliminary examination of the documents submitted to the Com-
mission itself. Of the constitution of such working groups shall be recorded in the pro-
verbal process.
6. The opinion of the CTRA must be motivated and may propose requirements
adoption of any variations to the project or to measures to be
observed during the execution of the work and operation of the proposed project.
7. The opinion by the requirements set out in the previous paragraph is communicated
within seven days to the proponent, who may express about
any comments, which should be sent to the Office Regional Com-
competent authority no later than seven days from receipt of the opinion of the CTRA
8. The Competent Regional Office Manager prepares a synthetic
report, which summarizes the opinion of the CTRA and observations even-
present time proposals under the previous paragraph with its assessments, and
submit it, together with such opinions and observations, the Regional Committee
that is expressed pursuant to Article 6 of this Act.
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Page 51
ART. 17
Technical and scientific support
Regional Agency for the Environment
1. The Regional Agency for Environmental Protection of Basilicata ensures,
under the LRn27 19maggio 1997 art. 3 paragraph 1 ETTER j, nell'am-
scope of the conduct of the investigation and of the activities referred to in this
It reads the necessary technical and scientific support on request Office
Regional Competent.
ART. 18
Coordination procedures
1. For projects subject to EIA procedure and simultaneously made subject
thrown to the opinions or authorizations or clearances, to be expressed with regard to emis-
sions in the atmosphere, waste and quarries and scenic beauty, the Region
It expresses with unique deliberative act at the conclusion of the evaluation phase nel-
the scope of the judgment referred to in paragraph 1 of the art. 6.
2. To this end, proponents simultaneously at the start of pro-
hard VIA, deposited at the Regional Offices Competent docu-
tion required for the initiation of the related proceedings.
3. The offices concerned within the following 90giorni complete the investigation SEN-
titi their technical bodies.
4. For projects referred to in paragraph 1, the CTRA is convened not
within 90 days from initiation and expressed its opinion
within the next 30days. For these projects the CTRA, also based DEL-
the investigation referred to in paragraph 3, is expressed with a single opinion
both in order to environmental compatibility is in order to comply with the
rules for the matters referred to in paragraph 1 above.
TITLE V
S ANCTIONS E V UPERVISION
ART. 19
Sanctions and supervision over construction
and operation of the works
1. The Regional Office in charge, also with the support of the Regional
Environmental Protection, supervises over compliance of the content
and requirements of the measures taken pursuant to this Act.
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Page 52
2. If during the construction and operation of works or initiatives are
found to have breached the provisions of this Act or the contents and
the requirements of the measures taken pursuant to that Act, the
President of the Regional Council, on a proposal Competent,
order the work adjustment or method of work exercise
same; has, also, where necessary, the suspension of work or the in-
interruption of the year.
3. In the cases referred to in the previous paragraph of the resumption of work or exercise is
subject to the favorable opinion of the CTRA; in case of a negative opinion on
President of the Regional Council ordered the restoration of the locations
or, alternatively, the adoption of the measures necessary for the removal of
negative consequences on the environment produced by such infringements.
TITLE VI
N FOOTSTEPS F INALI
ART. 20
Works subject to ruling
Ministry of Environment
The environmental compatibility of works subject to the opinion of
in article 6 of L.349 / 86viene expressed by the Regional Council heard
opinion of the CTRA
ART. 21
Repeal
With the entry into force of this Act are hereby repealed the law Regio-
nal 19 December 1994 and 47 of the Regional Law 16 January 1996 n. 3.
ART. 22
Publication
1. This regional law is declared urgent under the dell'art.127
Constitution and enters into force on the day following that of its pub-
publication in the Regional Official Bulletin.
2. It is obligatory for all to observe and enforce it as law
Basilicata Region.
Power, December 14, 1998.
DINARDO
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Page 53
53
ANNEX A
List of project types
Threshold areas
subjected to the evaluation phase
natural protected
1. Equipment for the production of raw metals
non-ferrous minerals, concentrates
or secondary raw materials through pro-
sagging metallurgical, chemical or electrolytic
tical;
2. Recovery of soils from the sea for a super-
ficie that exceed 200 has
3. Use of non-energy surface water
in cases where the derivation exceed 1,000
liters per minute and second of sotter- waters
ranee including mineral and thermal waters,
in cases where the derivation exceed 100 liters
per second
4. Installations for the intensive rearing of poultry
blades, rabbits or pigs with more than:
40,000 places for poultry
10,000 seats rabbit
2,000 places for production pigs or 750 places
sows
5. Industrial plants:
- the production of pulp for paper par-
tire from timber or other fibrous materials;
(All projects)
- the production of paper and board with
production capacity exceeding 20
t / day
6. Treatment of intermediate products and manu-
cation of chemical products, production of
pesticides, printing inks, for
a capacity exceeding 35,000 t / year
of raw materials processed
7. Production of pesticides, the pharmaceutical products
Tical, paints and varnishes, elastomers and peroxides,
for industrial sites to on- capacity
periore to 35,000 t / year of raw materials
you work
(All projects)
100 has
500 l / sec
50 l / sec
20,000 places for poultry
5,000 seats rabbit
1,000 pigs places
production or
350 places for sows
all projects
10 t / day
17,500 t / year
17,500 t / year
Page 54
54
8. Storage of dangerous chemicals, the
under Law 29 May 1974, n. 256 and
subsequent modifications, with com- capacity
Plessiva more than 40,000 tons
9. Equipment for the tanning of leather and pel-
blades if the capacity exceeds 12 metric
Product ended a day late
10. Marinas and pleasure when the spec-
mark of water is greater than 10 has or areas
external interested exceed 5 ha, op-
well as the piers are longer than
500 meters
11. disposal plants through OPERATIVE
rations pursuant to Annex. B (with the exception of
Points D13, D14 and D15) of the Legislative Decree 22/97
hazardous waste as defined in the All. D
of Legislative Decree 22/97 (all the projects)
12. Discharges of urban and assimilable waste
with a total capacity exceeding
100,000 cubic meters. (Activities planned for DL
22/97 App. B points D1 and D5)
13. Landfills for non-hazardous waste,
excluding landfills for inert, with
capacity of up to 100,000 cubic meters. (Activities planned
by Legislative Decree 22/97 App. B points D1 and D5)
14. Centers provisional storage of waste
Special power equal to
150.000 mc. (Operations pursuant to Annex. B
Legislative Decree 22/97, paragraph D15)
15. Works for the transfer of water resources
that between the watersheds intended to prevent
a possible shortage of water, for a
volume of water transferred exceeds 100
million cubic meters per year, subject
matters reserved for the competence of the state
with L. 36/94 ART. 17. Excluded are transferred
rimenti drinking water piped into
piping
Threshold areas
natural protected
20,000 t
6 t / day
5 has
2.5 ha
250 mt.
all projects
50,000 cubic meters.
50 million mc./anno
Page 55
55
16. In all other cases, works for the transfer
of water resources between river basins where a
medium multi-year disbursement of the basin
question exceeds 2,000 million meters
cubic and the amount of water trans-
sferite exceeding 5% of this flow.
This excludes transfers of drinking water
piped
17. Wastewater treatment plants with
power equal to 100,000 inhabitants
equivalent defined in the art. 2, point 6 DEL-
Directive 91/271 / EEC
18. Quarries and peat bogs with more than 500,000 cubic meters. of
extracted material or an affected area
greater than 20 has
19. Dams and other installations designed to tratte-
black, adjust or accumulate in the waters
durably, the non-energy purposes, the
height greater than 10 mo of capacity
more than 100,000 cubic meters.
20. Installations for melting substances mine-
rali, including those intended for the produc-
tion of mineral fibers having ability to
fusion greater than 20 t / day
21. Manufacture of ceramic products me-
diante firing, in particular roofing tiles, mat-
tones, refractory bricks, tiles, stoneware or
porcelain with a production capacity on-
periore to 75 t / day or with a den-
casting intensity exceeding 300 kg / mc.
22. butchery and establishments quartering
having a production capacity of car-
speakers above 50 t / day plant
for the disposal or recycling of animal carcasses
and animal waste with a capacity of
treatment of more than 10 t / day
23. Projects relating to the activities and to installations
for the earth hydrocarbons
stops (all the projects)
Threshold areas
natural protected
1,000 million mc./anno
2.5% of the transferred volume
50,000 population equivalent
10 has
5 mt.
10 t / day
37.5 t / day
150 Kg / mc.
25 t / day
5 tonnes / day
all projects
Page 56
56
5 has
10 has
5 has
1 has
1 has
14 q.li/ha
105 has
1,75 ha
0350 kg./mq.
17.5 l / sec.
70 has
17.5 MW
35.0 Kv
1.05 Km
3,500 cubic meters.
3,500 cubic meters.
List of project types subjected
ste to the verification phase or subjected to the phase
Evaluation if falling, even par-
partially in protected natural areas
1. Agriculture:
a) change of use of areas not culti-
vate, semi-natural or natural for their
Intensive land cultivation with a
surface area greater than 10 ha
b) initial afforestation has greater than 20,
and greater than 5 deforestation has to
purposes of conversion to another type of
exploitation of the soil.
c) recovery of land from the sea, rivers and lakes
with more than 2 surface has
d) systems of greenhouses with over 2 ha of super
ficie covered
e) intensive livestock units of ani-
evils with more than 28 live weight of q.li
cattle per hectare of agricultural land
f) water management projects
Agriculture, including projects of
irrigation and drainage of land for
an upper surface 210 has
g) the total area for pisciculture
exceeding 3.5 has or having a
of greater crowding density 0.700
kg./mq. of water surface or in
which is used a water flow
less than or equal to 35 l / sec.
h) of rural land projects inte-
Ressano an upper surface 140 has
2. Energy Industry:
a) thermal plants for the production of
steam and hot water with power BREAKOUT
overall ca exceeding 35 MW
b) industrial installations for the transport of gas,
steam and hot water: transport of ener-
already electricity by overhead lines exceed
riori at 70 Kv and 2.1 Km. in length
c) surface storage of natural gas
with a total capacity exceeding
7,000 cubic meters.
d) fuel gas storage tanks
underground with a total capacity on-
periore to 7,000 cubic meters.
ANNEX B
Threshold areas
natural protected
Page 57
57
3,500 cubic meters.
all projects
all projects
all projects
all projects
1,750 sqm.
0.9 t / hour
7 t / hour
17.5 kJ / hammer
7 MW
0.7 t / hour
7 t / day
all projects
e) surface storage of fuels
fossil with a total capacity exceed
riore to 7,000 cubic meters.
f) of coal industrial agglomeration
Fossil and lignite (all the projects)
g) production facilities of energy me-
diante the harnessing of wind (all
projects)
h) research and resource utilization
Geothermal (all the projects)
i) of hydrocarbons in the ground research
stops (all the projects)
3. Metal Fabrication
a) an ore roasting or sinterizzazio-
it metal ores exceeding
3,500 sqm. of engaged surface or
35,000 cubic meters. volume
b) plants producing pig iron or steel
(Primary or secondary fusion) com-
gripping the relative continuous casting of capa-
the towns exceeding 1.8 tons per hour
c) installations for the transformation of
ferrous metals:
- hot rolling with exceed capacity
riore to 14 tonnes of crude steel
then
- smitheries with hammers the energy of
impact greater than 35 KJ per hammer,
when the heating capacity is exceed
riore to 14 MW
- application of protective layers of me-
molten thallus with a capacity of treat-
Chin than 1.4 tonnes
crude steel per hour
d) Ferrous metal foundries with a capa-
production of the towns exceeding 14 metric
a day late
e) facilities for the production of metals grez-
zi nonferrous from ore, concen-
trati or secondary raw materials attra-
towards metallurgical, chemical processes
or electrolyte (all the projects)
Threshold areas
natural protected
Page 58
58
3.5 t. for Pb and Cd
17.5 for others
10.5 cu.
3,500 cubic meters.
0.7 has
1,750 sqm.
26.5 t / day
70 t / day
every year
175,000 hl / year
17.5 t / day
3.5 t / day
f) Melting plant and alloy metals not
ferrous metals, including recovered products
(Refining, foundry casting, etc.) with
a melting capacity greater than 7 metric
tons for lead and cacmio or 35 metric
tons for all other metals a day
g) equipment for the surface treatment of
metals and plastic materials using pro-
electrolytic or chemical processes where the
the treatment vats have
a volume greater than 21 cubic meters.
h) construction equipment and assembly of
cars and motorcycles, and construction of relating
tive engines; systems for the construction and
repair of aircraft; construction of
rail and rolling stock material that exceed
rino 7,000 square meters. of engaged surface or
i) the shipyards of total area
It has more than 1.4
j) cross drawing with explosives that
exceed 3,500 square meters. surface impe-
panied or 35,000 cubic meters. volume
4. Food industry:
a) installations for the treatment and the transformation
tion of animal raw materials (other than
from milk) with a production capacity
of finished product of more than 53 t / day
b) installations for the manufacture of products
dairy with capacity WORK-
tion greater than 140 tonnes per day
every year
c) installations for the production of beer or
with malt production capacity exceed
riore to 350,000 hl / year
d) installations for the production of confectionery and ski-
syrups that exceed 35,000 cubic meters. volume
e) slaughterhouses with a production capacity
over 35 tons carcasses
day and installations for the disposal or
recycling of animal carcasses and waste of ani-
ills with a treatment capacity of
over 7 tonnes per day
Threshold areas
natural protected
Page 59
59
17,500 t / day
1,750 sqm.
3,500 t / day
17,500 t / year
17.5 t / day
3.5 t / day
1.8 t / day
8,750 t / a
14 has
f) plants for the production of fish meal
or fish oil with capacity WORK-
tion of more than 35,000 q / year of pro-
duct work
g) milling of cereals, the pro-industry
starchy learned, Ali-products industry
mentary to livestock exceeding
3,500 sqm. of engaged surface or
h) sugar refineries, plants for the production of
yeasts with production capacity or refining
nation of more than 7,000 t / day
beets
5. Textile, leather, wood,
some paper
a) fabrication plants panels
fibers, particle board and plywood,
higher capacity to 35,000 t / year
of processed materials
b) installations for the production and processing
cellulose, manufacture of papers and car-
tones capacity greater than 35 tons
per day
c) installations for the pretreatment (operations
such as washing, bleaching,
mercerisation) or dyeing of fibers,
textiles, wool whose treat- capacity
Chin exceeds 7 tons per day
d) plants for the tanning of leather and pel-
blades if the capacity exceeds 3.6
tons of finished product per day
6. Rubber Industry and pla- materials
tics:
a) manufacturing and processing of products in
based elastomers with at least 17,500 metric
tons / year of raw materials processed
7. Infrastructure projects:
a) development projects of industrial zones
with an upper surface concerned
to 28 has
Threshold areas
natural protected
Page 60
60
14 has
3.5 ha
250 mt.
900 persons / hour
70 l / sec
17.5 l / sec
all projects
all projects
all projects
525 mt.
all projects
all projects
all projects excluded
urban networks of gas pipelines
all projects
7 km.
all projects
b) development projects in urban areas inte-
esting surfaces greater than 28 has: pro-
jets of urban development within
affecting existing urban areas
surfaces exceeding 7 has: in both
cases, including the construction of centers
commercial and parking
c) to slopes: Ski mechanical installations
excluding lifts and monocable in liaison
chin permanent having inclined length
born no more than 500 mt., with a capacity
hourly maximum of more than 1,800 people
d) derivation and works related to water
surface providing on- derivations
periori to 140 liters per minute or second
groundwater providing deriva-
tions exceeding 35 liters per minute according to
e) freight terminals (all the projects)
f) lake and river ports, via navigable (all
the projects)
g) secondary rural roads (all
projects)
h) construction of slip roads
urban area or upgrading of existing
four or more lanes with a length, in
urban area, more than 1,050 meters
i) rail lines to regional or
Local (all the projects)
j) in guided transport systems
(Tramways and metros), or funiculars
Similar lines of a similar nature, exclusively
mind or mainly for trans-
carriage of passengers (all the projects)
k) installation of oil and gas pipelines (all
projects excluding urban networks of gas pipelines)
l) extraction projects or artificially recharging
Journal of the groundwater, not included
in the all. A (all the projects)
m) with a length greater than aqueducts
to 14 km.
n) coastal work to combat ero-
sion and maritime works capable of altering the
coast, through the construction of dams, piers
and other sea defense works (all the projects)
Threshold areas
natural protected
Page 61
61
all projects
all projects
all projects
all projects
3.5 t / day
3,500
all projects
1,75 ha
105 pl
8,750 cubic meters.
7.0 has
o) inland waterways, works of regulations
tion of the course of rivers and streams,
channeling, remediation and
other similar destined to affect the
water regime, including those of
extraction of stone materials from demanio
River and lakeside (all the projects)
p) works for the transfer of water resources
that between the watersheds, excluding transfer
minds of drinking water piped into you-
bazioni
q) airports and airfields
r) marinas and pleasure with parameters
lower than those indicated in paragraph 10 DEL-
Annex A, and intervention projects
of existing ports (all the projects)
s) of non-hazardous waste disposal plants
losi through the transactions pursuant to Annex. B
Points D2, D3, D4 and D6 to D12
DLvo 22/97 with an overall capacity
greater than 7 t / day
t) storage centers of special waste with
maximum capacity greater than 21,000 cubic meters.
(Operations pursuant to Annex. B DLvo
22/97 point D15)
u) landfill of municipal and similar waste
with an overall capacity of less than
v) wastewater treatment plants with
potential higher than 7,000 inhabitants
equivalent, as defined in the art. 2,
Section 6 of Directive 91/271 / EEC
w) of sludge deposits (all the projects)
8. Other projects:
a) Holiday villages, Campground
and caravans upper surface
3,5 ha, hotel complexes and centers
residential tourism with over 210 seats
bed or volume built exceeding
17,500 cubic meters. or who are in a super-
the upper surface 14 has, other than those
falling within towns
Threshold areas
natural protected
Page 62
62
all projects
all projects
0,7 ha
175 sqm.
1,750 sqm.
all projects
350 t.
3.5 ha
175 t / day
17.5 t / day
17.5 t / day
all projects
3,500 t / year
3,500 t / year
b) permanent tracks for racing and test
cars, motorcycles and other vehicles
engine (all the projects)
c) theme parks (all the projects)
d) collection centers, storage and rottama-
tion of scrap iron, cars and
Similar with the upper surface to 0,7 ha
e) test benches for engines, turbines, reactive
bulls engaged when the area exceeds
350 sqm.
f) manufacture of artificial mineral fibers;
exceeding 3,500 square meters. surface
committed or 35,000 cubic meters. volume
g) installations for the recovery or distribution
Explosive substances (all the projects)
h) storage of hazardous chemicals,
under Law 29 May 1974, n.
256, and subsequent modifications, with
total capacity of more than 700 t.
i) recovery of land from the sea for a super-
ficie that exceed 7 has
j) plants intended for the production of
clinker (cement) in rotary kilns
production capacity exceeds 350 metric
late a day or lime in kilns
rotary whose production capacity
exceeds 35 tonnes per day or in other types
furnaces with a production capacity
more than 35 tonnes per day
k) also underground mining activities, CA-
ve and peat extraction (all the projects)
l) installations for the production of glass com-
I took those intended for the production of
glass fibers, with a melting capacity of
more than 7,000 tons per year
m) treatment of intermediate products and manu-
facture of chemicals, manufacturing
pesticides, the pharmaceutical products
Tical, elastomers and peroxides, of mastics,
paints and varnishes, inks from Strammersdorfer
pa, for a capacity exceeding 7,000
t / year of raw materials processed
Threshold areas
natural protected
Page 63
63
3,500 t / day
all projects
all projects
all projects
all projects
all projects
n) production of pesticides, pharmaceutical products
ceuticals, paints and varnishes, elastomers and
peroxides, for industrial sites of
capacity exceeding 7,000 t / day
raw materials processed
o) extraction of the ore by dras-
sea and river gaggio (all the projects)
p) in geothermal drilling depth
(All projects)
q) of surface installations industry
the extraction of coal and minerals
and oil shale (all the projects)
r) changes or extensions to projects that
Annex A or B already authorized
Zati, executed or under construction
which may have significant repercussions
negative environment (all the projects)
s) projects in Annex A, which serve
exclusively for the development and col-
laudo of new methods or products that do not
They are used for more than two years (all
projects)
Threshold areas
natural protected
Annex C
The environmental impact study
It is organized in the frameworks
programmatic, planning and environmental
The programmatic framework contains:
1. the description of the relationship between the work planned and the instruments pianifi-
cation and current programming with particular reference to relations
consistency and the status of implementation of those instruments;
2. the description of the existing various constraints in the chosen area and nell'in-
tera study area.
Page 64
64
of design Framework
The design framework contains:
1. The description of the physical characteristics of the whole project and
requirements of land use during the construction stages and operate
namento;
2. The description of the main characteristics of the production processes, with
an indication of the nature and quantity of the materials used;
3. the description of the chosen technique, with reference to the best techniques
available at no excessive costs, and other techniques to prevent planned
plant emissions or to reduce the use of natural resources, con-
paring the chosen techniques with the best available techniques;
4. monitoring the type and amount of the expected residues and emissions
(Such as water pollution, air and soil pollution, noise, vibration,
light, heat, radiation, etc.) resulting from the manufacturing and activities of the
proposed project;
5. description of the main alternatives, including the alter-
Native zero, indicating the main reasons for the choice made,
taking into account the impact on the environment.
The environmental framework contains:
1. the analysis of environmental quality with reference to components dell'am-
potentially subject to an environment significantly affected by the project pro-
place, with particular reference to the population, fauna and flora,
soil, subsoil, water, air, climatic factors, material assets,
including the architectural and archaeological heritage, landscape, all'inte-
interaction between these factors;
2. a description of the likely significant effects, positive and negative, of the project
proposed on the environment due to:
existence of the project;
utilization of natural resources;
emissions of pollutants, the creation of nuisances and the enamelled
timento of waste;
3. details of the forecasting methods used to assess the effects sul-
the environment;
4. a description of the measures envisaged to prevent, reduce and, if possible com-
think of any significant adverse effects on the environment.
Page 65
Sector VIA
ITALY Legislation
DPCM of 09.01.00
Status: current
Modifications and additions to the Decree of the President of the Council of Mini-
stri September 3, 1999, for the implementation of art. 40, first paragraph, of the law
February 22, 1994, n. 146, on environmental impact assessment.
DPR 03/09/99
Status: current
Act guidance and coordination amending and completing the earlier of
guidance and coordination for the implementation of Article 40, paragraph 1, of the
Law 22 February 1994 n. 146, ....
Presidential Decree no. 348 of 09/02/99
Status: current
Regulation on technical rules on environmental impact studies
that for certain categories of works.
DPR 12/04/96
Status: current
Act guidance and coordination for the application of Article 40 paragraph 1 of the
Law 146 of 22 February 1994 concerning provisions on evaluation
tion of environmental impact.
LN No. 640 of 03/11/94
Status: current
Ratification and implementation of the Convention on Environmental Impact Assessment
Environmental in a cross-border context, with annexes, done at Espoo 25
February 1991.
Presidential Decree no. 526 of 18/04/94
Status: current
Regulation containing rules governing the assessment
Environmental relating to prospecting, exploration and production of hydrocarbons
liquid and gaseous fuels.
DPR 27/04/92
Status: current
Regulation of the pronunciations of environmental compatibility and tech- standards
niche in the preparation of environmental impact studies [...] referred to article 6 of the
Law 8 July 1986. 349, for external overhead lines
Circ. Min. Of 3/30/90
Status: current
Being subject to the procedure of the environmental impact of projects riguar-
giving the ports of the second category, classes II, III and IV, and, in particular, the "Ports
tourism ";
65
Page 66
DPCM of 27.12.88
Status: current
Technical standards for the preparation of environmental impact studies and formulated
lation of the referred art.6 compatibility judgment, L. of 8 July 1986 n. 349,
adopted under article 3 of the Prime Ministerial Decree of 10 August 1988, n. 377.
Prime Minister's Decree n. 377 of 10/08/88
Status: current
Regulation of the pronunciations of environmental compatibility of which article 6
Law 8 July 1986, n. 349 on the introduction of the Ministry dell'am-
environment and rules on environmental damage.
LN No. 349 of 07/08/86
Status: current
Establishment of the Ministry of environment and rules on environmental damage
such.
66
Page 67
OFFICIAL GAZETTE No. O68 SERIES GENERAL PART OF THE 23.03.1998
DECREE OF THE PRESIDENT OF THE REPUBLIC
February 11, 1998, n. 53.
Regulations on procedures relating to authorization
the construction and operation of electricity production plants
using conventional sources, in accordance with Article 20, paragraph 8, of the
15 March 1997, n. 59.
THE PRESIDENT OF THE REPUBLIC
Having regard to Article 87, fifth paragraph of the Constitution;
Considering article 17, paragraph 2 of the Law of 23 August 1988, n. 400;
Considering article 20, paragraph 8, of the law 15 March 1997 n. 59, Annex 1,
Numbers 8 and 87;
Having regard to Articles 20 and 24 of Law 9 January 1991, n. 9;
Having regard to Law 14 November 1995, n. 481;
Given the preliminary resolution of the Council of Ministers adopted in riu-
Union of 5 August 1997;
Having heard the unified Conferanza established pursuant to Legislative Decree 28
August 1997, n. 281;
Having obtained the opinion of the relevant committees of the Senate
and the Chamber of Deputies;
Having heard the opinion of the State Council, expressed by the advisory section for
legislation in the meeting of September 22, 1997;
Given the decision of the Council of Ministers, adopted at the 30th meeting
January 1998;
On the proposal of the Prime Minister and the Minister for
Public Service and Regional Affairs, in consultation with the Ministers of Industry,
Trade and Crafts, Health and the Environment;
Emana
the following regulations:
Art. 1.
Subject to Regulation
1. This Regulation shall, subject to subsequent discipline all'emana-
tion of the legislative decrees prepared pursuant to Article 1, paragraph 4, letter
c) of the law 1 March 1997 n. 59, regulates the following procedures:
a) authorization for the production of electricity by companies
through existing facilities, modernization of existing or new plants
plants for own use or to sell to the licensee of the activities
reserved to the State in the electricity sector, in Article 14 of Decree-
Law of 11 July 1992, n. 333, converted, with modifications, from the law 8
August 1992 n. 359 and, in the case of companies constituted in form
company, also for use of the subsidiaries, the company controlled
Lante and subsidiaries of the same parent company,
admission of exchanges and transfers between them;
67
Page 68
b) authorization to produce electricity for uses
those referred to in point a), by construction of new plants or
modification of existing ones, by power companies under which
Article 4, n. 8 of the Law of 6 December 1962, n. 1643, and businesses
power of local authorities referred to in Article 21, paragraph 1 of Law 9
January 1991, n. 9;
c) consent to the installation and operation of power generators, to
except those mentioned in paragraph 3;
d) authorization for atmospheric emissions in accordance with Article 17 of
Presidential Decree of 24 May 1988, n. 203, for
systems referred to in this paragraph.
2. The procedures provided for in this Regulation for issuing dell'autoriz-
tion to atmospheric emissions in accordance with Article 17 of the Decree of the Pre-
dent of the Republic May 24, 1988, n. 203, also apply to
plants using renewable or similar sources, as well as to all other
electric power plants within the limits in which the said plants have emissions
subject to such authorization.
3. Without any case subject to Article 22, paragraph 11, of the
Legislative Decree 5 February 1997, n. 22, the fact remains that:
a) do not require authorization pursuant to paragraph 1, letter c), the installed
tion and operation of generators operating continuously with
nominal power of not more than 3 MW if fueled with methane or LPG and
thermal power not exceeding 1 MW if fueled with gasoline or diesel fuel,
as well as generators for the production of electrical energy that
using renewable sources and do not involve emissions into the atmosphere;
b) the installation and operation of generators running continuously,
if not significant determinants air pollution under
Article 2 of Decree of the President of the Republic 25 July 1991
as well as generators for the production of electricity unsuccessful
course, do not require authorization pursuant to paragraph 2;
c) the installation and operation of the generating sets in letters a)
b) of this paragraph, provided that they are carried out in compliance with the rules
Safety and environmental, may be taken prior communication to the Mini-
Ministry of Industry, Trade and Crafts, the technical office
competent finance to territory and dealer activities
reserved to the State in the electricity sector, in Article 14 of Decree-
Law of 11 July 1992, n. 333, converted, with modifications, from the law 8
August 1992 n. 359.
4. For the dealer of the activities reserved to the State in the electricity sector, the
Article 14 of Decree-Law of 11 July 1992, n. 333, converted, with
amendments by Law 8 August 1992, n. 359, also for the purposes of Article 17
Decree of the President of the Republic May 24, 1988, n. 203, applies
the procedure set out in Annex IV to the Decree of the President of the Council of
Ministers of 27 December 1988.
68
Page 69
Art. 2.
Applications for permits
1. An application for authorization shall be submitted to the Ministry of Industry,
Trade and Crafts who shall transmit copies to the dealer
activities reserved to the State in the electricity sector, in Article 14 of
Decree-Law of 11 July 1992, n. 333, converted, with modifications, from the law
August 8, 1992, n. 359, as well as technical knowledge of finance office
responsible for the area.
2. The application shall the plant project, accompanied by a report
tion in which are indicated: the production cycle, an indication of the
estimated term for putting up of the plant, energy use
electricity produced, the needs for which you want to proceed to the realization
plant, as well as the connection to the system characteristics
national power.
3. In the case of generators the demand for the installation and operation
It shows the need for which you want to proceed with the installation and data
about the fuel used, the characteristics of the prime mover and the power
electric expressed in kw.
4. For the purposes of Article 17 of the decree of the President
24 May 1988, n. 203, the request for authorization is integrated
specifying the technologies used to prevent atmospheric pollution
spherical and accompanied by a sworn expert attesting to the quality and quantity
of pollutant emissions into the atmosphere, the same is contextually
send a copy also to the ministries of environment and health, and to
territorially competent regional authority who shall inform the interested municipalities.
Art. 3.
The preparatory stage
1. Within sixty days of receipt of the copy of the application referred down in
Article 2, the concessionaire of the activities reserved to the State in the electricity sector,
referred to in Article 14 of Decree-Law of 11 July 1992, n. 333, converted, with
amendments by Law 8 August 1992, n. 359, sends its justified
observations indicate the conditions which, in his view, the permissions
They should be placed, in order for the coordination of activities elec-
triche. If no action that period, the Ministry of Industry, the com-
Trade and craft still carries out all necessary actions.
2. In the cases referred to in paragraph 4 of Article 2 of the ministries of environment and
health, as well as regions and municipalities, must express the opinion of
competence within ninety days. The aforementioned period shall be suspended, in case of
request for information or additional documentation. If no action
that period, the Ministry of Industry, Trade and Crafts con-
voca immediately dedicated conference services, under Article 14
the Law of 7 August 1990. 241 and following modifications and integrations, from
held within thirty days. At the conference services attended by the Ministries
competent, regions and municipalities and competent local representatives
many enterprise at their request. Where the plant is subject to evaluation
69
Page 70
tion of environmental impact, the Ministry of the environment or harm the region
immediately notify the Ministry proceeding for initiation and conclusion
sion of the procedure, together with the relevant determinations, for the purposes of trans-
transmission of opinion or any convening of conference services.
3. The Conference of the determinations concerning the application for authorization pre-
sented, prescriptions and other execution methods to impose the subject
the applicant must be taken by unanimity among the representatives of the
state and regional administrations, and the municipalities concerned. Should not
may reach the required unanimity, we proceed in accordance with Article 14 of the
7 August 1990, n. 241, as amended by Article 2 of Law 24
December 1993 n. 537, and Article 17 of the Law of 15 May 1997. 127.
Art. 4.
Authorization Measure
1. Within sixty days of receipt of the opinions or determinations
taken in the conference services according to the rules in Article 3,
the Minister for Industry, Commerce and Handicrafts shall, together with their
Decree, the measure by which grant or deny permission.
2. The Ministry of Industry, Trade and Crafts, within thirty
days from the date of entry into force of this Regulation provides for the
modification of the implementing regulations of Articles 2 and 4 of the Law of 7 August
1990, n. 241, stating the terms of this Regulation.
Art. 5.
Ownership of the plants and use the energy produced
1. For the purposes of authorization changes specified in Article 4, concerning
only the ownership of the plant itself or the use of the electricity produced,
do not apply the procedures referred to in articles 2, paragraph 4, and 3, paragraphs 2 and 3.
Art. 6.
Repeal of rules
1. From the date of entry into force of this Regulation shall cease to have
effectiveness, limited to procedural matters governed by the same:
a) Article 211, paragraph 2 of the Royal Decree of 11 December 1933, n. 1775;
b) Articles 17 and 18 of the Decree of the President of the Republic on March 18
1965, n. 342;
c) Article 10 of Decree-Law 17 March 1980 n. 68, converted, with MODIFIED
ficazioni, the law May 16, 1980, n. 178, as well as replaced dall'ar-
Article 20, paragraph 5, second paragraph, of the law 9 January 1991 n. 9;
d) The third paragraph of 6) of article 4 of Law December 6
1962 n. 1643, as amended by Article 20, paragraph 1, of the law
January 9, 1991, No. 9.
70
Page 71
Art. 7.
Entry into force
1. This Regulation shall enter into force on the sixtieth day after his
publication in the Official Gazette of the Italian Republic.
This decree, bearing the seal of the State, will be listed in the Compendium
Official for legal acts of the Italian Republic. It is mandatory for
all to observe and that it is observed.
Given in Rome, this day of February 11, 1998
SCALFARO
Prodi, President of the Council of Ministers
Bassanini, Minister for the Civil Service and Regional Affairs
Bersani, Minister of Industry, Trade and Crafts
Bindi, Minister of Health
Ronchi, Minister for the Environment
Seen, the Flick
Registered at the Court of Auditors March 13, 1998
Government Acts, log n. 112, sheet n. 24
NOTES
Warning:
The text of the notes published here have been prepared in accordance with art. 10, paragraph 3
of the consolidated law on the promulgation of laws, sull'emana-
tion of the decrees of the President of the Republic and official publications
the Italian Republic, approved by Presidential Decree 28 December 1985, n. 1092, to
only to facilitate the reading of the law which has operated the
referral. Remain unchanged the value and effectiveness of legislative acts here transcribed.
the preamble notes:
Following is the text. 87 of the Constitution:
"Art. 87. - The President of the Republic is the head of state and represents the u-
National nity.
- It can send messages to the Houses.
- the elections for the new houses and fixes their first meeting.
- authorizes the presentation to the Houses of bills initiated by the Government.
- promulgates laws and issues decrees having the force of law and regulations.
- popular referenda in the cases provided by the Constitution.
- Appointment in the cases provided by law, the officials of the state.
- accredit and receive diplomatic representatives, and ratify international treaties,
, where required, authorized by the Houses.
- it has the command of the armed forces, presides over the Supreme Defense Council
constituted according to the law, declares a state of war deliberated by
Rooms.
71
Page 72
- chairs the Higher Judicial Council.
- may grant pardons and commute sentences.
- confers the honors of the Republic. "
Following is the text. 17, paragraph 2 of Law no. 400/1988 (Discipline DEL-
the activities of government and order of the Prime Minister's Office):
"2. By decree of the President of the Republic, after consideration by the Con-
Council of Ministers, after consulting the State Council, the regulations are issued for
the discipline of materials, not covered by absolute reserve planned law
by the Constitution, for which the laws of the Republic, authorizing the exercised
financial year of the regulatory powers of the Government, shall determine the general rules
regulating these matters and include the repeal of the existing rules, with
from the entry into force of the regulations. "
Following is the text. 20, paragraph 8, of Law no. 59/1997 (Delegation to
Government to confer functions and tasks to the regions and local authorities for
the reform of public administration and to simplify administration
tive) as well as numbers 8 and 87 of Annex 1 to the same law:
"8. In the first-time implementation of this law and in respect of the principles,
criteria and procedures referred to in this article, such as general legislation governing,
are specific regulations issued pursuant to art. 17, paragraph
2 of the Law of 23 August 1988, n. 400, in order to regulate the procedures referred
Annex 1 to the present law, as well as the following subjects:
a) development and planning of the university system, including the Law of 7 August
1990, n. 245, and subsequent modifications, as well as evaluation of the same
system, of Law December 24, 1993, n. 537, and subsequent modifications;
b) the composition and functions of the national collegiate bodies and local representative
resentation and coordination of the university system, also providing for
the establishment of a National Student Council, elected by them,
with consultative and proposal;
c) actions for the right to study and tuition fees. Standards are
aimed at ensuring access to higher education for students capable and
deserving destitute, to reduce the rate of school drop-out, to deter-
undermine maximum percentages of the total amount of contribu-
tion payable by students in relation to the ongoing financing of the
State universities, graduating the same contribution, according to criteria
equity, solidarity and progressivity in relation to economic conditions
micas of the family, as well as to define parameters and methodologies Accession
priate for the assessment of the actual economic conditions of the aforesaid
nuclei. The rules referred to in this paragraph shall be revised biennial
nal, after hearing the competent parliamentary committees;
d) procedures for the award of the PhD title, according to art.
73 of the Decree of the President of the Republic July 11, 1980, n. 382, and pro-
failure to approve the acts of per researcher in derogation contests
art. 5, section 9 of the Law of 24 December 1993, n. 537;
72
Page 73
e) procedures for the acceptance by the universities of inheritance, donations
and related, without any prior authorization, ministerial or
prefectural ".
"Attachment 1
(Art. 20, para 8)
(Omitted).
8. Authorization procedure for companies to self:
Law 9 January 1991, n. 9, and subsequent modifications.
(Omitted).
87. Authorization procedure for the construction and operation of plants
of production of electrical energy using conventional sources (groups
gen):
Law 9 January 1991, n. 9.
(Omitted) ".
It contains the text of Articles 20 and 24 of Law no. 9/1991 (Standards for the at-
implementation of the new National Energy Plan: institutional aspects, center
hydroelectric and power lines, hydrocarbons and geothermal energy, self-production and
tax provisions):
"Art. 20 (Rules governing self-producers of conventional energy sources). - 1.
It replaces three paragraphs with the third paragraph of n. 6 of art. 4, Law 6
December 1962, n. 1643.
2. It shall also allowed exchanges and transfers between local authorities and their enterprises, as well
as defined by art. 22 of the Law of 8 June 1990, n. 142 and between companies
with participation of local authorities and / or their above-mentioned companies.
3. authorizations issued before the date of entry remain valid
into force of this Act.
4. The supply of electricity provided for in Article. 6, DPR 21 August 1963, n.
1165, for quantities and prices referred to in Articles 7 and 8 of the same decree
extended until 31 December 2001. At that date, these supplies will
reduced in progressively decreasing extent, in accordance with
art. 4, dated 7 August 1982, n. 529, in the next six years.
5. Replaces Article. 10, DL 17 March 1980, n. 68.
6. It is repealed Art. 13, DPR February 4, 1963, n. 36, as amended by art.
21, Presidential Decree 18 March 1965, n. 342.
7. The limits of the 70 percent referred to n. 6), art. 4, Law 6 December 1962, n.
1643, do not apply from the date of entry into force of this Act.
8. In cases of waiver by Enel pursuant to art. 2, paragraph 2, of the
Law of 7 August 1982, n. 529, the extension of the duration of the concessions
Hydroelectric power is willing, at the request of the concessionaire by decree of the Mini-
stro public works in concert with the Minister of Industry, Trade
and handicrafts, felt Enel, provided no greater conflict with the interests of
public interest and for a period within the limits set by the conventions
73
Page 74
tion referred to in Article. 3 of the above law. This maximum applies
even for extended concessions for enterprises of local authorities to
Article. 8, paragraph 4, of the Law of 2 May 1990 n. 102 ".
"Art. 24 (Right of first refusal on hydroelectric concessions). - 1. Undertakings
not subject to Enel transfers, pursuant to art. 4, numerals 6) and 8),
the Law of 6 December 1962 n. 1643, may exercise the right of first refusal
on concessions for which Enel has expressed the wish not to avail
lersi of subingresso option referred to in conjunction with the third subparagraph
art. 25 of the consolidated text of the law on water and on
electrical systems, approved by Royal Decree 11 December 1933, n. 1775, and the fifth
paragraph of art. 9 of Presidential Decree 18 March 1965, n. 342, provided they have
performed the changes referred to in the second paragraph of art. 49 of the Consolidated
of the law on water and electrical systems, approved by RD
December 11, 1933, n. 1775.
2. This does not affect the powers of the autonomous provinces of Trento and Bol-
Zano under the single text of the constitutional laws concerning the charter
Special for Trentino-Alto Adige, approved by Presidential Decree 31 August 1972, n.
670, and its implementing regulations.
3. repealed Art. 17 of Law 29 May 1982, n. 308.
4. In cases of waiver by Enel, pursuant to art. 2, paragraphs,
second and third, dated 7 August 1982, n. 529, to claim the right
art. 1, first paragraph, of the Act, and the consequent prolongation
Chin concessions, the works of the collection, control and derivation,
principal and accessory, the adductor channel water, penstocks and
drain remain in ownership of electricity companies and local authorities
autoproduttrici businesses of electricity holders of its concessions
hydroelectric derivations until the new term that will be assigned to users.
5. The second paragraph of art. 2 of the Law of 7 August 1982, n. 529, applies,
in addition to those mentioned in the first paragraph of that article, even at
autoproduttrici companies.
6. In the event of waiver of Enel pursuant to art. 8, paragraph 4, of Law 2
May 1990 n. 102, the extension of the duration of the concession is
prepared by the Minister of Industry, Trade and dell'artigia-
Born in consultation with the Minister for Public Works, heard Enel, for a
maximum period of sixty years. In cases of waiver by Enel to
Under Article. 2, second paragraph, of the Law of 7 August 1982, n. 529, the pro-
lengthening of the duration of the hydroelectric concessions is arranged with
Decree of the Minister of Industry, Trade and Crafts of con-
certainly with the Minister of Public Works, heard Enel, provided it does not conflict
overriding reasons of public interest and for a maximum limits in CLIPPING
sati by the Convention in art. 3 of the above law.
7. The companies not subject to Enel transfers, pursuant to art. 4, n. 8),
the Law of 6 December 1962 n. 1643, amended by art. 18 of Law 29
May 1982 n. 308, may exercise the right of first refusal on granting
sions of small water diversions for hydropower plants referred to in the Consolidated
the legal provisions on water and electrical systems approved
RD 11 December 1933, n. 1775, and subsequent amendments thereto. "
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Page 75
The law n. 481/1995 brings "Rules for competition and the regulation of ser-
vices in the public interest. Establishment of service Adjustment Authority
public utility. "
Notes to art. 1:
Following is the text. 1 of Law no. 59/1997 cited in the notes to pream-
bolus:
"Art. 1. - The government is delegated, by March 31, 1998, one or more
legislative decrees aimed at giving regions and local authorities, in accordance with
Articles 5, 118 and 128 of the Constitution, functions and administrative tasks in
compliance with the principles and guiding criteria contained in this Act. For the purposes
of this law, the term "transfer" means the transfer, delegation or
allocation of functions and tasks and "local authorities" shall mean the provinces,
municipalities, mountain communities and other local authorities.
2. the principle are conferred to the regions and local authorities, in compliance with
subsidiarity in art. 4, paragraph 3, letter a) of this law, even
pursuant to art. 3 of the Law of 8 June 1990, n. 142, all functions and com-
administrative tasks related to the care of the interests and promote the devel-
opment of their communities, as well as all functions and administrative tasks
tive localizable in their respective territories currently performed by
organ or state administration, central or peripheral, or through entities
or other public bodies.
3. Are excluded from the application of paragraphs 1 and 2 of the functions and tasks recon-
fully explained by the following subjects:
a) Foreign Affairs and Foreign Trade, as well as international cooperation and
promotional activities abroad of national importance;
b) defense, armed forces, weapons and ammunition, explosives and strategic materials;
c) relations between the State and religious denominations;
d) the protection of cultural heritage and historical and artistic heritage;
e) supervision on civil and sull'anagrafe state;
f) citizenship, immigration, refugees and political asylum, estradazione;
g) elections, to vote and stand for election propaganda,
excluding regional referendums;
h) currency, currency system and equal distribution of financial resources;
i) customs, protection of national borders and international prophylaxis;
l) public order and public safety;
m) administration of justice;
n) Postal and Telecommunications;
o) social security, temporary and structural redundancies;
p) scientific research;
q) university education, school system, school programs, orga-
general organization of school education and legal status of staff;
r) oversight of work and cooperation.
4. Applicants shall be excluded from the application of paragraphs 1 and 2:
a) the adjustment and control tasks already assigned by state law to appo-
site independent authorities;
b) tasks strictly preordered the planning, design,
execution and maintenance of major infrastructure networks declared the inte-
national interest with state law;
75
Page 76
c) the tasks of the national civil protection system relevant for the defense
soil, to protect the environment and health, for addresses, the func-
tions and programs in the entertainment industry, for research, produc-
tion, the transport and distribution of energy; the decrees schemes regu-
slativi, for the purpose of identifying the tasks of national importance, they are pre-
arranged upon agreement with the Permanent Conference for relations between the
State, regions and autonomous provinces of Trento and Bolzano; lacking
of the agreement, the Council of Ministers resolution justifiably definitively
proposed by the President of the Council of Ministers;
d) tasks exercised locally in functional autonomy from the regime
chambers of commerce, industry, handicrafts and agriculture and universities
studies;
e) the coordination of relations with the European Union and foreordained tasks
to ensure implementation at national level of the obligations arising from
Treaty on European Union and international agreements.
5. It is still the law regarding the national statistical system, even
the purpose of compliance with obligations under the Treaty on European Union and
international agreements.
6. The promotion of economic development, enhancement of productive systems
duttivi and the promotion of applied research are primary public interests
that the state, regions, provinces, municipalities and other local authorities provide
each within its jurisdiction, in accordance with the requirements of
health, public safety and environmental protection ".
Following is the text. 14 of Legislative Decree. 333/1992 converted, with modifications,
by Law no. 359/1992 (Urgent measures for financial recovery pub-
Republic):
"Art. 14. - 1. With reference to the bodies referred to in this Chapter and the companies from
they control, all assets and mineral rights, allocated or reserved
by law or administrative rulings of different administrations from those institutional
competent rata, to public bodies, or to a holding company
State, are attributed to the concession title to the same parties that
They are currently holding.
2. The concessions referred to in paragraph 1 shall be governed by administrations
competent in accordance with current regulations. If the matter is not regular
lata from existing laws, discipline will be established in the Licensing
accordance with the general principles on the subject.
3. The concessions referred to in paragraph 1 will have the maximum duration from
regulations, but not less than twenty years from the date
of entry into force of this decree.
4. The activities of concessions in favor of the persons referred to in paragraph 1, which are
already in force, are extended for the same period provided for in paragraph 3. The
competent authorities will, if necessary, change them or integrate them.
4-bis. Pending adoption of a new discipline, corporations are caused
vate the transformation set out in Articles 15 and 18 shall, in the same
limits and with the same effects, the powers in the field of pub- statement
lic utility and necessity and urgency, already paid to the original agencies ".
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Page 77
Following is the text. 4 of Law n. 1643/1962 (Ente Institution
National for electricity and transfer to it the exercised businesses
centi electrical industries):
"Art. 4. - The rules in art. 2 on transfers ordered by the fourth paragraph
art. 1 must abide by the following principles and criteria:
1) by enterprises subject to transfer, that activity is wholly or
Main activities in the first paragraph of art. 1, the National Authority deems the
complex of goods organized for the exercise of their activities and the related
legal relationships. The arrangements will be made for the execution of the transfer
chin, as well as those for the separation and return, to those entitled,
of assets not held. The Authority will have to decide about the goods to be returned within one hundred
and eighty days from the execution of the transfer. Each firm made subject
thrown to the transfer will be administered, with all the powers of management, from a
interim administrator appointed from the National and until
the National Board itself provides otherwise;
2) for companies that do not exercise exclusive or main activities
in the first paragraph of art. 1, how to transfer will be established
the National Agency of the complex of goods organized for the exercise of atti-
same activity and related legal relationships;
3) the classification of the undertakings referred to in points 1) and 2) will be operated with rife-
rimento to the organization and to the consistency of these companies at the date
31 December 1961;
4) undertakings managed by public entities will apply the rules laid down
numbers 1), 2) and 3); public bodies that manage, exclusively activities
indicated in the first paragraph of art. 1 will be dissolved; it also will provide for
reorganization of public bodies who do not exercise exclusive activities
sopradette and to the necessary amendments to the existing rules applicable to them,
adapting them to the tasks that are assigned to the same by criteria
administrative simplification.
It will involve the appointment of the administrators to manage
Government: the appointment will be made by the Minister for Industry and Trade in time
particular, feel the National Authority and the competent ministers may
according to the provisions concerning the organization of individual institutions. They will set out the
fashion-
ity for the transfer Ente National With regard to the activities referred
the first paragraph of art. 1, exercised directly by the administration of
FF.SS and the entities in which the administration has FF.SS participation;
They will also set out the modalities for the supply of energy to the same
administration with reference to the incidence of the current charges;
5) local governments that exercise, by the undertakings referred to only text 15
October 1925 n. 2578, the activities mentioned in the first paragraph of art. 1, the self-Ente
nome Flumendosa and the independent body for the Volturno will get
National Board, subject to approval of the Minister for Industry and com-
commerce, granting the exercise of the activities mentioned in the first paragraph
art. 1, provided that they make a request within two years from the date of entry into
force of this Act. They will be certain procedures for the release
concessions and approval of the relevant specifications, in order to
assure the users the maximum benefits compatible with the purposes of general utility
National Entity assigned by the present law. The companies for which it is
77
Page 78
requested by the organizations mentioned above Ente transfer National and businesses
for which you have not been requested, or not the grant has been obtained pre-
It said, are subject to transfer in accordance with the provisions contained in
numbers 1), 2) and 3) of this article, as applicable. The provisions
referred to in this n. 5) apply to bodies set up by statute regions spe-
cial and Ente Sicilian electricity, established by Legislative Decree Cape
Provisional State 2 January 1947 n. 2; demand concessions will
made by the respective regional governments and granting concessions
It will be granted after hearing the regional governments themselves. There will be the
rules for the National Board subingresso in all legal relationships of con-
consortia between municipalities and provinces, made before 1 January 1962 in order to
hydroelectric concessions or promiscuous;
6) are not subject to transfer:
a) companies that produce electricity destined to meet fabbi-
esplicati dreams related to other production processes by companies themselves or
by companies that are consortium or subsidiaries as of December 31
1961, provided that the requirements exceed 70 percent of the energy produced
on average in the period 1959-1961;
b) autoproduttrici companies that have already built at the time of entry into
force of this Act, new power plants to meet the
requirements of productive activities programmed before 31
December 1961 on the basis of documents with certain date, if within three years
from the date of January 1, 1963 is received by the utilization of more than 70
percent of the total energy produced.
The letters a) companies, and b) have transferred WHERE 'requirements do not
exceeded for three consecutive years 70 percent of the energy produced.
Is permitted to enterprises, with the modalities referred to in the following two paragraphs, the
produce electricity for their own use or for sale to Enel, and
If companies established in corporate form, to be used by companies controlled
late, the parent companies and subsidiaries of the same
parent company, with admission of exchanges and transfers between them.
The Minister of Industry, Trade and Crafts authorizes autopro-
duction of electricity from the entities referred to in paragraph previous
tooth, for the purposes set forth therein, through existing plants, enhancement of
existing plants or new plants, taking into account the compatibility with the
objectives of general interest in their public service and the corresponding
dence to economicoproduttiva nature needs of the connection between the
companies referred to in the preceding paragraph, including in relation to non-requirements
related to new production plans. All the production of electrical energy that
exceeds any quota consumed by the same manufacturer must be
Enel sold. To this end, the parties referred to in the third paragraph may enter
with Enel agreements for the sale, exchange, production for
third and the conveyance of electricity, according to the conditions indicated
in special binding directives issued by the Minister of Industry, the com-
mercio and craft in relation to the technical feasibility of the above
operations and to public service requirements carried out by Enel. Prices
relating to the sale, the production on behalf of Enel, to infrastructure and
the parameters relating to the exchange are defined within one hundred eighty days from
date of entry into force of this Act and updated at intervals
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Page 79
at least two years by the Interministerial Prices Committee (CIP) according to cri-
terio of the avoided costs. They are excluded from the exemption activities in the first
paragraph of art. 1 exerted by the company to Terni actions: in the Quan- limits
tity of electricity consumed for the activities carried out by the company Terni
to 1961 or in progress at the date of entry into force of this
law shall be established the method of delivery, including the price of e
nergy same, subject to the conditions applied to such activities
on average in the three-year period 1959-1961. They will also be integrally transferred
the National Agency the company's activities for Larderello actions;
7) the 70 percent limit does not apply to power plants meet recovery
to technical requirements and are authorized by the Committee of Ministers;
8) they are not subject to transfer Ente companies that have not pro-
duct or product and averagely distributed in more than two years 1959-1960
15 million kilowatt hours per year. The same companies will be subject to
Transfer the National Agency when the energy produced, or produced and
distributed, has for two consecutive years over 15 million kilowatt hours
per year. This limit is increased to 20 million kwh for companies that operate
in small islands. For other companies the threshold elevation to 40 million
kwh per year is allowed when the excess electricity 15 million kwh
coming from source other than hydrocarbons. Authorization is granted by the Mini-
stro of Industry, Commerce and Handicrafts within three months of pre-
submission of the application, provided that the companies producing exhibit
the Ministry of Industry, Trade and Crafts a trans- plan
transformation of the plants whose realization can not, however, continued
more than two years of its approval. It is understood that, with the exception
of companies operating in the small islands, the rate adjustment to
smaller electricity companies can be recognized pro rata on the basis of
measures in force no later than the 15 million kwh per year;
9) in the transfer provisions of the fourth paragraph of Art. 1, are included, with
all obligations and rights, concessions and administrative authorizations
tive in place pertaining to the production, transportation, processing and distribution
tion of electricity, as well as the mining concessions used for
production of electrical energy. The concessions for power outlets
transferred to the National Agency and the ones it has been granted after its establishment in
according to Royal Decree of 11 December 1933, number 1775, do not expire
and therefore do not apply to them the terms of duration provided for in Articles 22,
23, 24, of the aforementioned decree: are repealed on the third and the fourth paragraph of
Article. 26 of the Royal Decree of 11 December 1933, n. 1775;
10) transfers referred to in this article are implemented with decrees having
of ordinary law, with which the goods may also be identified
and relations transferred the National Agency; such decrees will be issued within a
year from the date of entry into force of this Act or with the observance of
guiding principles and criteria indicated above. The transfer of businesses decrees
referred to in point b) of no. 6) that come not to the utilization of more than 70
percent of the total energy produced will be issued by June 30,
1966. The transfer of undertakings referred to in letters a) and b) of no. 6) which does not
They have exceeded for three consecutive years 70 percent of the energy produced
It will be declared by the Minister for Trade and Industry;
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Page 80
11) transfers referred to in this article have effect from the date
It will be indicated in the decrees referred to in Article. 2, however not before 1 Jan-
uary 1963 ".
Following is the text. 21 of Law no. 9/1991, cited in the notes to pream-
bolus:
"Art. 21 (trading companies and power companies of local authorities). - 1. Under
Electricity undertakings of local authorities which have requested within the time
mine art. 4, n. 5) of the Law of 6 December 1962, n. 1643, Enel RE-
Following the granting of exercise of the production, transmission, transforming
mation, distribution and sale of electricity on the basis of conventions
tions to be drawn up with reference to a convenzionequadro between Enel and or-
Organization category of the undertakings concerned.
2. The convenzionequadro and agreements with individual companies are sog-
ject to the approval of the Minister of Industry, Trade and dell'artigia-
born. The Minister of Industry, Trade and Crafts, SEN-
tite parties, issues, by decree, the convenzionequadro if it
It has not been concluded within a period of one year from the date of entry into force
of this Act.
3. In convenzionequadro the rights and obligations must be provided for the
parts, the procedures relating to the exercise of the powers of coordination referred to
Decree of the President of the Republic March 18, 1965, n. 342, as well as
forfeiture of concessions causes. The convenzionequadro must also defi-
define the criteria for regulating, in the Convention with the individual companies,
disposals, exchanges and wheeling among the concessionaires, of e
nergia electricity produced by them.
4. In the absence of agreement between Enel and individual companies within two years from
date of entry into force of this Act, the Minister of Industry,
Trade and Crafts, feel the Enel and the municipal utilities,
has by decree the agreement referred to in this Article
Enel and the municipal utilities that have presented the terms pre-
its written request.
5. In the case of not obtaining the concession for manifests and proven
inability of the company to provide the service, which will be assessed by the Minister
Industry, Commerce and Handicrafts, feel Enel and organization
tion of the category of undertakings concerned and in cases of revocation or
renunciation, assets and legal relationships regarding the company are transferred to Enel
the date of issue of the ministerial decree of transfer, with
manner and with the compensation provided for by the decree of the President of the Repub-
Republic February 25, 1963, n. 138), however, meaning the values refer to the resulting
tanze latest approved budget before the enactment of the aforementioned
Ministerial Decree.
6. For businesses indemnifiable to estimate, under no. 4) Art. 5 of Law
December 6, 1962, n. 1643, the provisions of art. of 3
Law of 1 July 1966, no. 509, when the compensation does not exceed the amount of a
billion lire; In this case, the payment of compensation and carried out in two
each examination.
7. With the release of the concession electricity undertakings of local authorities con-
They run with Enel, as part of the electricity public sector, to
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Page 81
accomplishment of the purposes of general utility in art. 1 of Law December 6
1962 n. 1643, as amended.
8. The operating concessions of electric activities already granted by Enel to
date of entry into force of this Act will be replaced by new con-
disposals to be issued according to what stated in this article.
9. Among the Enel and local governments or their enterprises may be joint ventures constituted,
as well as a limited company, for the purposes and in compliance with the conditions
and methods, as applicable, according to art. 34.
Article 10 shall be repealed. 1, no. 5), and Article. 2, n. 3) of Presidential Decree
Republic December 15, 1962, n. 1670, art. 4, n. 5) of the Law of December 6
1962 n. 1643 and art. 10 of the Decree of the President of the Republic on February 4
1963 n. 36.
11. The companies, businesses and organizations that have as their object even distribution
tion of electricity must be made subject to independent auditors their
financial statements prepared in accordance with the type specimen drawn up by decree of the Mini-
stro of Industry, Commerce and Handicrafts, replacing the large-
delli annexes to the Law of 4 March 1958 n. 191, and they must transmit within thirty
days of approval to the regions in the territory of which also deal with distributed networks
bution that send them, within the next ninety days accompanied by a pro-
ere the report, the Minister of Industry, Trade and Crafts to
the application of Articles 3, 4 and 5 of the Law of 4 March 1958 n. 191.
12. For the financial statements relating to financial years prior to the date of entry into force of
decree referred to in paragraph 11, the companies, organizations and institutions referred to in that
paragraph 11 and the Ministry of Industry, Trade and Crafts, where
they have not already done so, they are no longer required with the formalities required
by law March 4, 1958, n. 191 ".
Following is the text. 17 of Presidential Decree no. 203/1988 (Implementation of directives
EEC, 80/779 numbers, 82/884 and 85/203 concerning standards of quality
air, with respect to specific pollutants, and pollution pro-
learned from industrial plants, pursuant to art. 15 of the Law of 16 April 1987
n. 183 - OJ No. I know 140 of 16 June 1988):
"Art. 17. - 1. Article. 6 does not apply to thermal power plants and refineries
mineral oils.
2. The authorization process of the Minister of Industry, Trade
and craft, provided for by current regulations for the construction and e-
the exercise of the systems referred to in paragraph 1 shall be issued favorable opinion
vole Ministers of Environment and Health, heard the region concerned.
After the approval of the national energy plan, for new plants
installation will be applied, notwithstanding any provisions of this
decree, the procedures defined within the same plane.
3. The opinion referred to in paragraph 2 shall be communicated to the region and the mayor of
affected joint.
4. The measures provided for by art. 8, paragraph 3, second sentence, and Article. 10 are
adopted, following a report of the region, the Minister of Industry,
Trade and Industry, in accordance with the proposal of the Minister dell'am-
environment, in consultation with the Minister of Health.
5. The procedure provided for in paragraph 4 shall be adopted measures pre-
seen art. 13, paragraphs 1, 2 and 4 ".
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Page 82
Following is the text. 22, paragraph 11 of Legislative Decree. N. 22/1997 (Implementation of
Directives 91/156 / EEC on waste, 91/689 / EEC on hazardous waste and 94/62 / EC on
packaging and packaging waste - OJ No. 38 I know of 15 February 1997):
"Art. 22 (regional plans). - 1. On the basis of specific program agreements estimated
pulati with the Minister, in consultation with the Minister for Industry,
Commerce and Crafts, in agreement with the region, can be
authorized, under Articles 31 and 33, the construction and operation within
existing industrial settlements of installations for the recovery of municipal waste
not foreseen in the regional plan if the following conditions are met:
a) they are recycled and recovered as raw material waste from collection
differentiated, both product composed of combustible waste or is used
stibile from waste;
b) they comply with the technical standards set out in Articles 31 and 33;
c) they are the best environmental protection technologies;
d) must be allowed a decrease in harmful emissions. "
Following is the text. 2 of Presidential Decree 25 July 1991 (Amendments Act of indi-
Guideline and coordination on issues of little significance and activities
reduced air pollution, issued by Prime Minister's Decree dated July 21, 1989):
"Art. 2. - 1. Annex 1 activities, pursuant to art.
2, paragraph 1 of the Decree of the President of the Republic May 24, 1988, n.
203, as minor air pollution and their activities exercised
financial year does not require permission.
2. The regions may provide that the holders of the activities listed in Annex 1
communicating to the competent authorities that the conditions of little
air pollution produced significance. ".
It contains the text of Annex IV of the Prime Ministerial Decree of 27 December 1988 (tech- Standards
niche in the preparation of environmental impact studies and the formulation of
Compatibility judgment of art. 6, Law 8 July 1986. 349, adopted
pursuant to art. 3 of the Prime Ministerial Decree of 10 August 1988, n. 377):
"Annex IV Procedures for thermal power plants and gas turbine projects. Art. 1.
- 1. The location and the authorization to construct and operate
new power and gas turbine power plants, to be installed on land or
territorial waters, as well as the authorization of the central changes
thermoelectric existing, to be made by ENEL, they are regulated by the
following regulations issued pursuant to the second sentence of paragraph 2 and
Article. 17 of Presidential Decree of 24 May 1988, n. 203.
Art. 2. - 1. In applying the provisions of this Annex apply
definitions that follow:
a) of thermoelectric power plant section: coordinated system to convert, attra-
towards the production of steam, the thermal energy of fuels into energy
electricity; it consists essentially of steam generator, turbine, cycle
regenerative, alternator, transformer, cooling circuit, system
logistics for the supply of fuels and other components;
b) thermal power plant: complex of one or more thermoelectric sections;
c) expansion of thermal power: one or more thermal units
to be realized in the area contiguous to the existing plant;
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Page 83
d) the central section of the gas turbine: coordinated system for converting, through
an air cycle, the thermal energy of fuel into electrical energy; it
It consists essentially of a gas turbine, alternator, and transformer;
e) turbogas: complex of one or more gas turbine sections;
f) changes the maximum authorized project with the decree in art. 11
or of the existing thermoelectric power plant: substantial variation in Increases
minds of the electric power of the existing sections, even with gas turbine in
combination or less with the thermoelectric power plant, and / or variation that
involves entering new foreign substances in the environment and / or variations
tion involving employment of external areas to those pertaining to the
central.
Art. 3. - 1. Enel multiannual programs are approved on the proposal of
Minister of Industry, Commerce and Handicrafts, by CIPE.
2. In these programs will be in particular mentioned:
a) the geographical areas in which it is appropriate to implement the new central Ter-
moelettriche and / or expansion of existing ones, as well as other power plants
production of electricity, taking into account the energy requirement of
such areas, including in relation to the needs of a balanced economic development
mico of the country, as well as the location of domestic energy sources;
b) fuels for thermoelectric plants, taking into account the neces-
saria diversification of energy sources.
Art. 4 - 1. The Enel, based on the multiannual programs approved by the CIPE,
taking account of the essential technical requirements connected with the central Ter-
moelettriche to be carried out, carries out studies relating to each site that intends
proposed for the preparation of the documentation referred to in paragraph 4.
2. The Enel informs the start of the aforementioned studies, the Ministry of Environment, the Mini-
Ministry of Defense, the region, the province and the municipality territorially interesting
sati, as well, with regard to power plants in territorial waters, the Ministry
the merchant navy, to allow the same to formulate any
Preliminary observations.
3. Where it is necessary intruding on private property to retrieve items
necessary for the preparation of the environmental impact study, apply the
Articles 7 and 8 of the Law of 25 June 1865 n. 2359. The required notice to pro-
ers will be given directly by Enel.
4. Enel, to the release of provisions in art. 11, proposes to Mini-
Ministry of Industry, Trade and Crafts for each Central Ter-
moelettrica the site deemed suitable, presenting the preliminary design of
plant itself or its expansion, the maximum of the works project
connected and port infrastructure, river, road and rail considered
necessary, the environmental impact study prepared according to the scheme
by the Minister pursuant to art. 5 and the synthesis ratio of the mede-
Study mum.
5. Identical documentation is sent by ENEL to the Ministry of the Environment, the
region, the province and the municipality territorially interested.
6. Enel itself gives news of the power plant project presentation on
most popular local newspaper and on a national, while the region, province and
common provide the documentation submitted by Enel.
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Page 84
Art. 5. - 1. The Minister of Environment defines the format under which must
be prepared the environmental impact studies in art. 4, and the criteria
to formulate the final judgment of environmental compatibility in art. 8.
Art. 6 - 1. The Minister for the Environment, on the basis of the documentation received
Enel and art. 4, promoting and implementing the impact assessment AM-
ronmental the thermoelectric plant, or its extension, performing
the technical investigation and conducting the public inquiry.
2. The Ministry of Environment also provides technique to the investigation by requesting
the opinions of the Ministry for Cultural and Environmental Heritage, the Ministry of
Health, the Ministry of Public Works, the region, the province and the
common territorially concerned and possibly the Ministry of
Merchant Marine and the Ministry of Transport, which should be provided
within a period of ninety days.
3. To fulfill the tasks and institutional functions related to the i-
Technical RELIMINARY, the Ministry of the Environment relies on the Committee on
environmental impact assessments, supplemented by experts selected from dell'I-
INSTITUTE higher health care, ISPESL, ENEA ENEA-DISP, CNR,
the fire department and three experts appointed by the regions concerned.
4. In the case of unfavorable opinions, discordant, or missing within the above Ter-
mines, the President of the Council of Ministers, at the request of the Minister dell'am-
environment, it shall convene a Conference of services consisting of the representatives of
institutions with which it was requested the opinion referred to in paragraph 2, the Ministry dell'am-
Environment and the Ministry of Industry, Trade and Crafts and export
Site of the Conference itself, shall make decisions about the unfa- opinions
vourable, those discordant, as well as on missing acts, however within the time
mines in art. 8, paragraph 1.
5. The meetings of the Committee on environmental impact assessments and
the Conference of services participates in a consultative capacity, the Enel.
Art. 7 - 1. The public inquiry takes place simultaneously to the investigation
technical, in the municipality in which the proposed location of the plant, or, if
they are interested more common in the provincial capital, under the chairmanship of
a judge of the administrative jurisdiction with the grade of president
section of the State Council. The same is appointed by the Minister
Environment, in agreement with the Minister of Industry of Trade and
crafts, heard the president of the region concerned, immediately after the
presentation by ENEL of the acts referred to in paragraphs 4 and 5 of art. 4.
2. The chairman of the public inquiry is assisted by three experts appointed by the
Ministry of the Environment and three experts, with proven expertise in the set-
tore, designated respectively by the region, from the province and from the common
concerned, in whose appointment is provided with the same measure of which
in paragraph 1.
3. Anyone who has an interest can provide, within forty-five
days, under penalty of forfeiture, the publication of art. 4, paragraph 6, con-
Evaluation taxes on the scientific and technical level through the presentation
of closely related written submissions installation of plant on site
proposed and its environmental consequences.
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Page 85
4. The chairman of the public inquiry decides, based on the topics,
eligibility of memories and may conduct hearings with bodies and primary
vati who submitted memories admitted.
5. The Enel may submit comments to the submitted memories.
6. Within three months of the publication in newspapers by Enel,
President closes the public inquiry and submit to the Ministry dell'am-
environment the papers presented and Enel's observations, with a report
summary of the activities.
Art. 8. - 1. The Minister of Environment defines the technical investigation in art. 6
within one hundred twenty days from the presentation of the project referred to in paragraph 4 DEL-
Article. 4.
2. The same Minister, within fifteen days to Ter-
Technical investigation mines referred to in paragraph 1, send the request for an opinion
region concerned, which must make it within the next thirty days,
heard the common territorial jurisdiction also concerning
urban planning aspects.
3. The Minister for the Environment within sixty days of completion of the investigation
technique based on the same, the findings of the public inquiry and the
opinion of the region, shall deliver the final judgment of environmental compatibility, pre-
thereof and give any instructions for running the power plant project and
related infrastructure.
4. The final judgment of environmental compatibility is communicated to the Ministries
Industry, Trade and Crafts, for cultural heritage and environmental
those of education, health, public works, the merchant marine, transport, the
region, the province, the municipality and Enel.
5. Upon expiry of the said period of sixty days referred to in paragraph 3 without
Environment Minister acted, the Minister for Industry, the com-
Trade and crafts can continue the licensing procedure of the hundred
tral proposal pursuant to paragraph 3 of art. 11.
Art. 9. - 1. Enel, together with the procedure laid down in Articles 6, 7 and
8, carries out the investigation on the socioeconomic interventions associated with the construc-
tion and operation of the plant proposal and defines their agreements with the
region, the province and the common for the charges to be taken to load ENEL
and other contracting parties.
2. The Enel with these agreements, in addition to regulating the payment of the contribution
in art. 15 of the Law of 2 August 1975, no. 393, can assume charges for
interventions of infrastructural and economic and environmental balance
associated with the construction and operation of the plant proposal.
3. Enel within one hundred eighty days from the submission of the dossier
art.
4, shall send the Ministry of Industry, Trade and Crafts, the
investigation results and agreements that have been defined on interventions
Socioeconomic with the region, the province and the commune.
4. The lack of definition of socio-economic agreements does not prevent
the continuation of the authorization procedure.
5. The effectiveness of defined agreements remains subject to dell'autoriz- release
tion in art. 11.
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Page 86
Art. 10. - 1. The Ministry of Industry, Commerce and Handicrafts, receipt
vuta the documentation submitted by Enel in art. 4, she asks the opinions of the
Ministry of Defense and the Interior Ministry, which should be provided
within a period of ninety days.
2. Failing a response within ninety days, the opinions are considered favorable
flights.
Art. 11. - 1. The Minister of Industry, Trade and Crafts, within the
fifteen days following the last of the obligations referred to in Articles 6, 7,
8, 9 and 10, locates and authorizes the construction and operation of the central Ter-
moelettrica, or its expansion, according to the preliminary project proposed
and the final judgment of environmental compatibility, indicating the respective prescri-
tions, also for socio-economic commitments for non Enel
yet defined with the region, the province and the commune.
2. Among the aforementioned socio-economic nature commitments may be indicated
the same decree those for which Enel must anticipate funding
on behalf of the State and / or the appropriate government agencies.
3. If the opinion of the region referred to in paragraph 2 of art. 8 has been negative or
still it has not been delivered within thirty days of a request, or
in the cases provided for in paragraph 5 of article. 8, can provide themselves on the location,
town planning and environmental point of view, the central proposal after deli-
bera of the Council of Ministers by the President of the Council of Mini-
stri, proposed by the Minister of Industry, Trade and Crafts.
4. Following the decree of the President of the Council of Ministers referred to
paragraph 3, the Minister for Industry, Commerce and Handicrafts, authorizes
the construction and operation of the central proposal, including necessary
requirements for environmental aspects where it has proceeded in the absence
the final judgment of environmental compatibility and related requirements
referred to in paragraph 3 of article. 8.
Art. 12. - 1. The measure of localization, in art. 11, issued by
Minister of Industry, Trade and Crafts or the President of the
Council of Ministers, takes value of declaration of public utility,
indifferibilit of urgency and also works and, in the presence of any constraints
typically on the territory involved setting up, it has effect
variant of the municipal zoning and port controller floor and DEL-
the industrial development area and replaces the granting municipal construction,
and the measures envisaged by the following legislation:
- art. 9, Law of 10 May 1976 n. 319 (water discharge);
- art. 14, Law 24 December 1979, n. 650 (water discharge);
- art. 48, Decree of the President of the Republic March 19, 1956, n. 303 (hygiene
labor);
- art. 17 of Law 24 December 1976, n. 898 (military servants);
- art. 714 Royal Decree of 30 March 1942 n. 327 (Obstruction on the fly);
- art. 7, Law of 29 June 1939, n. 1497, and art. 82, ninth paragraph, of the Decree Pre-
dent of the Republic July 24, 1977, n. 616, as introduced by Law 8
August 1985 n. 431 (construction of particular interest in landscape areas);
- art. 6, Law 8 July 1986. 349 (opinion of environmental compliance);
- art. 55, the Royal Decree of 30 March 1942, n. 327 (construction in the buffer zone);
86
Page 87
- art. 221 Royal Decree of 27 July 1934, n. 1265 (license municipal viability);
- art. 216 Royal Decree of 27 July 1934, n. 1265 (activation indus- plant
fibrillation).
Art. 13. - 1. Amendments to the maximum authorized by the decree project
art. 11 should be permitted, for the purposes of construction and dell'eser-
financial year, the Ministry of Industry, Trade and Crafts on application
ENEL, in compliance with the following paragraphs.
2. A special committee at the Ministry of Industry, Trade
and crafts, composed of representatives of the ministries of the environment, for
the cultural heritage and environment, health and public works, evaluates MODIFIED
fiche requests and possibly indicates the Ministries, including those affected by
procedure referred to in Article 6, paragraph 2, and 10, which must release the
opinion to support the authorization of the Ministry of Industry, Trade and
crafts.
3. In the case of unfavorable opinions, discordant or missing, within a period of
ninety days from the instance of Enel, paragraph 4 of art. 6.
4. Amendments to the authorized maximum project involving employ-
tions of outside areas to those of the central relevance are authorized,
implementing the procedure referred to in paragraphs 2 and 3, by the Minister dell'in-
industry, trade, handicraft, after consultation with the interested region
sata, which will make it heard the common territorial jurisdiction.
5. If the opinion of the region is negative or at least is not expressed by
ninety days from receipt of the request by the region of the Mini-
Ministry of Industry, Commerce and Handicrafts, paragraphs 3 and apply
4 of Art. 11.
6. Authorization to changes obtained under this Article has the
purposes of Art. 12.
Art. 14. - 1. It applies the art. 13 also the construction and operation of:
a) changes of the gas turbine power plants;
b) modifications of existing thermoelectric power plants;
c) changes of thermal power stations under construction at the date of entry into
force of these provisions.
2. For modifications involving electric power increments and in the construction
tion of gas turbine power plants are regulated by Art. 15 of the Law of 2 August 1975, no. 393.
3. Changes that do not fall within the definition of art. 2 does not require
gift for their execution ne 'permissions referred to in these provisions
tions, it 'the municipal building permit, nor' other authorizations required
by regional legislation.
Art. 15. - 1. Governments should adopt the agreement acts,
authorizations, approvals, clearances and the opinions of their respective competence,
not granted under these provisions, within ninety days
From the date of the request.
2. Once fruitlessly the term referred to in paragraph 1 or in the presence of acts
unfavorable, apply paragraphs 4 and 5 of art. 6.
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Page 88
Art. 16. - 1. The views expressed in accordance with these provisions shall be construed
Replacement of those provided by the special permits required for
following works or activities from the side of each law stated:
a) fuel oil storage and pipeline (Law 8 February 1934, n. 367;
Royal Decree of 20 July 1934, n. 1303);
b) works of intake and discharge of cooling water (Royal Decree of 30 March 1942
n. 327; Decree of the President of the Republic February 15, 1952, n. 328; royal
Decree of 11 December 1933, n. 1775; Royal Decree of 14 August 1920, n. 1285);
c) port work (Royal Decree of 30 March 1942, n. 327; Decree of the President
Republic of February 15, 1952, n. 328).
Art. 17. - 1. For the commissioning of thermal power stations, the hundred
tral gas turbine and related changes involving entry of new
foreign substances in the environment, as well as for the control activities, is applied
cano Articles 8, 9, 10 and 11 of the Decree of the President of the Republic 24
May 1988 n. 203, as amended by art. 17 of the same decree.
2. With reference to art. 9 of the Decree of the President of the Republic 24
May 1988 n. 203, the competent authority for the control is the province.
Art. 18. - 1. For thermal power stations to be installed in the territorial waters
These provisions shall apply with the following modifications:
a) the territorially competent authorities for the purpose of Articles 4, 6, 7, 8 and 9 are identical
tificano in the region facing the territorial waters of the zone concerned
sata and the thermal power plant in the municipality in whose territory insist
ancillary works and provisional to the project;
b) other items of these provisions shall be modified conse-
quently.
Art. 19. - 1. They are without prejudice to the powers of the regions with special status and pro-
wins of Trento and Bolzano.
Art. 20. - 1. These provisions do not apply, with the exception of thereof
coli 12 to 16, the thermoelectric power plants and gas turbines authorized, the date of
entry into force of such provisions, by decree in art. of 5
law 18 December 1973 n. 880 ".
Notes to art. 2:
- For the text. 14 of Legislative Decree. 333/1992, converted, with modifications,
by Law no. 359/1992, see notes on Article. 1.
- For the text. 17 of Presidential Decree no. 203/1988, see notes on Article. 1.
Notes to art. 3:
- For the text. 14 of Legislative Decree. 333/1992, converted, with modifications,
by Law no. 359/1992, see notes on Article. 1.
Following is the text. 14 of Law no. 241/1990 (New rules
administrative procedure and right of access to administrative documents):
"Art. 14. - 1. Where it is appropriate to carry out a contextual examination of various
public interests involved in an administrative proceeding, the administrative
88
Page 89
tion proceeding normally launches a conference services.
2. The conference itself may be made even when the administration
proceeding should acquire arrangements, concerts, permission or consents anyway
referred to other government departments. In this case, the determinations
the conference agreed to replace all the effects the concerts, understandings,
the permission and consents required.
2-bis. In the first meeting of the conference service administrations that
participating specify the period within which it is possible to arrive at a decision
sion. If the time limit expires without the administration indicente pro-
yields under 3-bis paragraphs and 4.
2-ter. The provisions referred to in paragraphs 2 and 2-bis shall also apply when the at-
tivity of the private both subject to acts of consent, however denominated, of
competence of several public authorities. In this case, making-
ence is convened, also at the request of the administration
responsible for the prevailing public interest.
3. It is considered acquired the administration's approval which, regularly
mind convened, he did not participate in the conference or have participated
through representatives without competence to give permanently
will, except that it does not communicate the administration proceeding the pro-
prio motivated dissent within twenty days of the conference itself or by
date of receipt of notice of the adopted decisions, forty
lora latter having contained substantially different from those originating
nally provided.
3-bis. If an administration has expressed, even during
of the conference, its reasoned dissent, the administration proceeding
It may take the determination of a positive conclusion of the proceedings
notifying the Chairman of the Council of Ministers, where the adminis-
administration proceeding or that dissenting opinion is a state administration;
in other cases the communication is given to the president of the region and the syn-
Dacian. The Prime Minister, after deliberation by the Council
the same, or the president of the region or mayors, after deliberation by the regarded
Regional son or municipal councils, after receipt of within thirty days
communication, may provide for the suspension of the determination
sent; after this period, in the absence of suspension, the determination is
executive.
4. Where the reasoned dissent to the conclusion of the procedure is
expressed by an administration responsible for environmental protection, paesaggi-
sticoterritoriale, the storicoartistico heritage or health protection
citizens, the prosecuting authority may ask, as long as there has been no
a prior evaluation of the negative environmental impact according to the rules
techniques of the Decree of the President of the Council of Ministers on December 27
1988 published in the Official Gazette no. 4 of 5 January 1989, a determined
End nation of the proceeding to the President of the Council of Mini-
stri, after consideration by the Council of Ministers.
4-bis. The conference service can also be called to examine disputed
stuale of interest involved in more administrative proceedings,
on the same activities or results. In this case, the conference is convened
from the administration or, after informal understanding, as one of the administrations
that treat the overriding public interest or by the com-
89
Page 90
competent to conclude the procedure which must precede chronologically
others connected. The launching of the conference can be requested by qual-
Siasi other administration involved ".
Note to art. 4:
It contains the text of Articles 2 and 4 of Law n. 241/1990 cited in the notes
art. 3:
"Art. 2. - 1. Where the procedure achieves compulsorily to one instance,
or must be initiated ex officio, the public administration has a
duty to conclude it through the adoption of an explicit measure.
2. The public administrations determine for each type of proceedings
chin, as it is not already directly provided by law or regulations for
chin, the period within which it must be completed. The period shall begin dall'i-
Nizio of procedure or office receiving the application if the pro-
Dimento is in partisan initiative.
3. Where public authorities do not do so, pursuant to paragraph 2,
the term is thirty days.
4. The decisions adopted pursuant to paragraph 2 shall be made public
as provided by the individual systems. "
"Art. 4. - 1. If it is not directly established by law or regulation
public administrations are required to determine for each type of
proceeding with regard to acts of their competence organizational units respon-
Sabile of the investigation and any other procedural compliance, as well as
adoption of the final measure.
2. The provisions adopted pursuant to paragraph 1 are made public in
with the individual systems. "
Notes to art. 6:
Following is the text. 211, paragraph 2 of the RD no. 1175/1933 (Consolidated
the law on water and electrical systems):
"Art. 211. - They are subject to government authorization new plants Ter-
cats for the production of electricity intended for distribution, as well as
the extension of existing thermal plants intended for the same purpose. The au-
authorization, for plants whose power is greater than 5000 kW is given by
Minister for Industry and Trade for the concert with the Minister for jobs
public; in other cases it is given by the prefect, heard the chief engineer of the
civil engineering".
It contains the text of Articles 17 and 18 of Presidential Decree no. 342/1965 (Additional regulations
the Law of 6 December 1962 n. 1643 and rules relating to coordination and
the exercise of the electrical activities undertaken by different organizations and companies DAL-
the National Authority for Electricity):
"Art. 17. - The undertakings art. 4, n. 8 of the Law of 6 December 1962, n. 1643, to
build new production facilities, transport, processing and distribution, and
modify existing systems, they must make a reasoned request the National Agency
for electricity, accompanied by necessary tecnicoeconomici elements and
financial plan. If the National Authority for Electricity, within a period of
sixty days does not issue a reasoned refusal, the request shall be deemed accepted. "
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Page 91
"Art. 18. - Applications from different agencies and national companies Ente
nal for electricity for concessions for hydroelectric derivations
and permit applications for the construction of new plants produc-
tion, transport, transformation and distribution of electricity comun-
que produced, as well as remote transmission to the service of the plants themselves,
They have communicated a copy of the National Agency for Electricity from adminis-
competent administrations in awarding licenses and authorizations.
Within thirty days of the National Authority for Electricity notify the south-
those authorities for its comments, indicating the conditions to which, in his
Alert, concessions and authorizations should be placed, with
the coordination of the electrical activity. "
Following is the text. 10 of Law Decree no. 68/1980, converted, with modifications,
by Law no. 178/1980 mentioned in the notes to the Preamble:
"Art. 10. - 1. The installation and operation of generators for the production
rescue electricity, farms, commercial, artisanal
tional, industrial as well as in hospitals and nursing homes, are not subject
the authorization provided for by Law 6 December 1962, n. 1643, and subsequent
modifications and additions, provided that they are carried out in compliance with the rules of
Safety and environmental.
2. also are not subject to the authorization provided for by the law referred to in
paragraph 1, as subsequently amended and supplemented, the installation and operation
of generators operating continuously, with a nominal power not exceed
riore to 500 kW, provided they are carried out in compliance with safety standards and
environmental.
3. Persons wishing to provide for the installation of the systems referred to in
paragraphs 1 and 2 shall inform the Ministry of Industry, the com-
mercio and craft, ENEL and the technical office of manufacture taxes
cation responsible for the area. "
- For the text of n. 6) art. 4 of Law n. See notes on Article 1643/1962. 1.
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Page 92
DECREE OF THE PRESIDENT OF THE COUNCIL OF MINISTERS 01/09/00
Official Gazette no. 238 of 10.11.2000
Modifications and additions to the Decree of the President of the Council of Mini-
stri September 3, 1999, for the implementation of art. 40, first paragraph, of the law 22
February 1994 n. 146, on environmental impact assessment.
THE PRESIDENT OF THE COUNCIL OF MINISTERS
In view of art. 8 of the law 15 March 1997 n. 59;
Having regard to Law 8 August 1990, n. 241;
Having regard to paragraph 1 of article. 40 of Law 22 February 1994 n. 146, embodying
provisions for the fulfillment of obligations deriving from dell'I-
talia to the European Communities;
The Order of the President of the Republic on 12 April 1996 on
nent act of guidance and coordination for the implementation of the aforementioned article. 40,
paragraph 1, on environmental impact assessment, published in
Official Gazette no. 210 of 7 September 1996;
In view of art. 6 of the Law of 8 July 1986 n. 349;
The Order of the President of the Republic April 18, 1994, n. 526;
Given the statutes of the Regions with special statute and the autonomous provinces of
Trento and Bolzano;
The Order of the President of the Council of Ministers on 10 August 1988
n. 377, and subsequent modifications and additions;
Having regard to Articles 34 and 35 of Legislative Decree 31 March 1998, n. 112, which delegate
gano the Regions powers in the field of environmental impact assessment
that with regard to exploration permits and production concessions
solid minerals and hydrocarbons and the geothermal resources on the mainland;
The Order of the President of the Council of Ministers on September 3
1999 concerning provisions on environmental impact assessment
this, published in the Official Gazette no. 302 of 27 December 1999, with
which was carried out a reconnaissance of the works have already been transferred to the competent
Tenza regional on environmental impact assessment by the aforementioned
Articles 34 and 35 and taking into account that in that survey have not been com-
He took the research of hydrocarbons in the mainland;
Given the opportunity to complete the survey carried out by pre-
that order and then to amend and supplement some project categories
listed in Annex B of the Decree of the President of the Republic on 12
April 1996;
Feel the provinces of Trento and Bolzano in accordance with art. 3 of the legislative decree
tive March 16, 1992, n. 266;
Acquired the agreement of the Standing Conference for relations between the State,
regions and autonomous provinces of Trento and Bolzano, in its meeting of July 20
2000;
Given the decision of the Council of Ministers, adopted at the fourth meeting
August 2000;
On the proposal of the Minister for the Environment;
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Page 93
decrees:
Art. 1.
In Annex B of the Decree of the President of the Republic on 12 April
1996 act of guidance and coordination for the implementation of art. 40,
paragraph 1, of the law 22 February 1994 n.146, as subsequently
amended and supplemented by decree of the President of the Council of Ministers
On 3 September 1999, point 2 "Energy Industry and Mining" is
the following point:
"G) Research activities of oil and gas on land."
Art. 2.
The regulation referred to in this Decree shall enter into force from the date of its pub-
publication in the Official Journal.
Rome, September 1, 2000
The President of the Council of Ministers Amato
The Minister Bordon
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Page 94
DECREE OF THE PRESIDENT OF THE COUNCIL OF MINISTERS September 3, 1999
Official Journal of 27 December 1999 n. 302
Act guidance and coordination amending and completing the earlier of
guidance and coordination for the implementation of Article 40, paragraph 1, of the
Law 22 February 1994 n. 146, concerning the provisions on evaluation
ronmental impact
note: see also DPCM 01/09/00
The President of the Council of Ministers
Having regard to Article 8 of the law 15 March 1997 n. 59;
Having regard to Law 8 August 1990, n. 241;
Having regard to Section 1 of Article 40 of Law 22 February 1994 n. 146, embodying
provisions for the fulfillment of obligations deriving from dell'I-
talia to the European Communities;
Given the Presidential Decree dated 12 April 1996 - Act of address and coordination for the at-
implementation of Article 40, paragraph 1, of the law 22 February 1994 n. 146, con-
cernente provisions on environmental impact assessment, pub-
lished in the Official Journal. 210 of 7 September 1996;
Having regard to Article 6 of the Law of 8 July 1986 n. 349;
Given the statutes of the special statute regions and autonomous provinces of
Trento and Bolzano;
The Order of the President of the Council of Ministers on 10 August 1988
n. 377, and subsequent amendments and supplements published in the Official Journal
cial n. 204 of 31 August 1988;
The Order of the President of the Council of Ministers on 27 December
1988 published in the Official Journal. 4 of 5 January 1989
technical standards for the preparation of environmental impact studies and formulated
tion of the environmental compatibility of Article 6 of the Law
July 8, 1986, n. 349;
Given the need to give urgent and full implementation of the Directive
Council 85/337 / EEC, also in consideration of the reasoned opinion com-
tary of 29 September 1998 whereby the Commission of Community
European invited the Italian Republic to take the necessary measures to
the submission to the environmental impact assessment of certain projects
Annex II to that Directive when these have an impact
major environmental;
Having regard to Articles 34 and 35 of Legislative Decree 31 March 1998, n. 112, entitled: "Contribution
of administrative functions and tasks of the State to Regions and Local Authorities,
in implementation of Chapter I of the law 15 March 1997 n. 59 ", accompanied by the relating
tive notes, which delegates to the regions the skills on evaluation DEL-
the environmental impact with regard to exploration licenses and concessions
cultivation of solid minerals and hydrocarbons and geothermal resources
on the mainland;
Considering that the definition of some of it seems appropriate to change
design categories in the field of waste listed in Annexes A and B of Dpr in
94
Page 95
On 12 April 1996 concerning on valuation provisions of
the environmental impact, according to the classifications of the Decree of 5 February 1997 n.
22, stating:
"Implementation of Directives 91/156 / EEC on waste, 91/689 / EEC on hazardous waste
losi and 94/62 / EC on packaging and packaging waste ", and subsequent inte-
Grazioni and modifications;
Acknowledged that a subsequent, act of guidance and coordination pursuant
Article 71 of the Decree of March 31, l998, no. 112, the categories are identified by
works, interventions and activities to be subject to environmental impact assessment
state jurisdiction to be transferred to regional jurisdiction;
Feel the autonomous provinces of Trento and Bolzano in accordance with Article 3 of
Decree 16 March 1992 n. 266;
Union of 21 May 1999;
Acquired the agreement of the Standing Conference for relations between the State,
Regions and Autonomous Provinces of Trento and Bolzano;
Given the decision of the Council of Ministers adopted at the 29th meeting
July 1999;
decrees:
It approved the forthcoming guidelines and coordination amending and
whole the earlier policy and coordination for the implementation dell'ar-
Article 40, paragraph 1, of the law 22 February 1994 n. 146 on provisions
tions on environmental impact assessment.
Article 1
1. The regions and autonomous provinces of Trento and Bolzano within ninety days
the date of publication in the Official Journal of the Italian Republic
of this Decree, shall update their current rules
with those contained in this document.
Article 2
1. In Annex A to Presidential Decree dated April 12, 1996 - guidance and coordination Act
chin to the implementation of Article 40, paragraph 1, of the Law of 22 February 1994
n. 146, concerning the provisions on impact assessment
environment, the following points are added:
"S) of solid mineral cultivation activities.
t) cultivation activities of hydrocarbons and the geothermal resources on Ter-
raferma.
u) external aircraft power lines for the transport of electrical energy with voltage
exceeding 100 kV with nominal path of length greater than 10 km.
v) Installations for the disposal of waste by means of injection operations in profound
fingers, surface impoundment, discharge of solid waste into the aquatic environment, including the persons
buried
95
Page 96
pellimento under the seabed, permanent storage (operations referred
Annex B, D3, D4 letters, D6, D7 and D12 of the Legislative Decree n. 22/1997).
z) of combustible gases in underground storage tanks with a capacity com-
Plessiva more than 80,000 cubic meters. "
2. In Annex B to Presidential Decree dated 12 April 1996 to step 2. Industry energe-
tica are added the words: "and extraction"; 2 at the same point at the end of
letter a) point is replaced by a semicolon and the following are added
letters:
"B) research of solid minerals and geothermal resources including relating
tive mining activities;
c) non-thermal industrial plants for the production of energy, steam and
hot water;
d) industrial installations for the transport of gas, steam and hot water
feed pipelines with a total length exceeding 20 km;
e) industrial plants for the production of energy through the exploitation
of the wind;
f) installation of oil and gas pipelines with the total length of the upper
to 20 km ".
3. In Annex B to Presidential Decree of 12 April 1996, to the point 7. Projects infra-
ture is added to the following point;
z) external overhead electrical power lines for the transport of electrical energy with voltage
Nominal exceeding 100 kV and with track longer than 3 km.
4. In Annex B to the Presidential Decree dated 12 April 1996, in step 8, the end of the letter
o) the point is replaced by a semicolon and the following point is added:
"P) projects listed in Annex A which exclusively or mainly
for the development and testing of new methods or products and not used
for more than two years. ".
Article 3
1. In Annex A to Presidential Decree dated 12 April 1996 the letters i), l), m), n) o) shall
replaced by the following:
"I) Installations for the disposal and recovery of hazardous waste through the operations
Annex B and Annex C, letters R1 to R9 of Legislative Decree February 5
1997. 22, excluding recovery installations subject to the procedures
simplified set out in Articles 31 and 33 of that Decree n. 22/1997.
l) Installations for the disposal and recovery of non-hazardous waste with a capacity
greater than 100 t / day, by means of increment operations or treatment
Annex B points D2 and D8 to D11, and Annex C, points R1 to
R9, of Legislative Decree February 5, 1997, n. 22, to the exclusion of recovery facilities
subject to the simplified procedures referred to in Articles 31 and 33 of the same
Decree n. 22/1997.
m) non-hazardous waste disposal installations for the operations of
grouping or preliminary reconditioning and preliminary deposit
capacity exceeding 200 t / day (operations listed in Annex B of Decree No. 5
February 1997 n. 22, points D13, D14).
n) Dumps of non-hazardous municipal waste with a total capacity exceeding
100,000 cubic meters (the operations in Annex B, D1 and D5 letters of Legislative Decree no. 22/1997);
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landfills for non-hazardous waste (the operations in Annex B, let-
tere D1 and D5 of the Legislative Decree n. 22/1997), with the exception of landfills for inert with
total capacity up to 100,000 cubic meters.
o) for the disposal of non-hazardous waste facilities by means of operations of
preliminary deposit with greater than 150,000 cubic meters capacity or with capa-
the towns of more than 200 t / day (operations listed in Annex B, D15 letter of
Decree of 5 February 1997, n. 22) ".
2. In Annex B to the Presidential Decree dated 12 April 1996, in section 7. infrastructure projects
structures, the letters r), s), t) and u) are replaced by the following:
"R) plants for disposal of non-hazardous municipal waste by operations
incineration or treatment with more than 10 total capacity
t / day (the operations in Annex B points D2, D8, D9, D10 and D11 of the Decree
February 5, 1997, n. 22); plants for disposal of non-hazardous waste
by grouping operations or preliminary reconditioning
with a total maximum capacity of more than 20 t / day (operations referred
Annex B, D13 and D14 of the letters cited Decree n. 22/1997);
s) disposal facilities for non-hazardous waste, with capacity com-
Plessiva greater than 10 t / day, by means of incineration operations or
treatment (operations listed in Annex B points D2 and D8 to D11 of the Decree
n.22 / 1997);
t) plants for disposal of non-hazardous waste by means of operations
preliminary storage with a maximum capacity of more than 30,000 cubic meters or
with a capacity exceeding 40 t / day (the operations in Annex B, point
D15 Decree of 5 February 1997, n. 22);
u) of non-hazardous municipal waste landfills with lower overall capacity
100,000 m (cubic) (the operations in Annex B, D1 and D5 of the decree letters
n. 22/1997, no. 22); ".
Article 4
1. Annex B to the Presidential Decree dated 12 April 1996, paragraph 7: "of infrastructure projects
structures ", letter a), the words:" Work on the rigging of indus- areas
striali "are replaced by the following:" Development projects of industrial zones
or productive "; the letter d), the words: "derivation and of works connected
surface water "are replaced by the following:" derivation of waters
superficial and works connected "; the letter i), the words "similar in nature lines
similar "are replaced by the following:" similar lines of a particular type. "
2. In Annex A to Presidential Decree dated 12 April 1996, "the letter f) is replaced by
following:
"F) Storage of oil, oil products, petrochemicals and chemicals hazardous
losi, in accordance with Law 29 May 1974, n. 256, and subsequent modifications,
with a total capacity of more than 40,000 cubic meters. ".
3. In Annex B to the Presidential Decree dated 12 April 1996, in step 8: "Other projects", the
g) is replaced by the following:
"G) oil storage, oil products, petrochemicals and chemicals hazardous
losi, in accordance with Law 29 May 1974, n. 256, and subsequent modifications,
with a total capacity exceeding 1,000 cubic meters; ".
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Article 5
1. The principle of governing the changes or extensions of projects already authorized
Zati, executed or under construction or operation, which may have appreciably
flights adversely affect the environment, for which the EIA procedure is sub-
toposta their competence.
Article 6
1. The regulations referred to in this Regulation shall enter into force from the date of
its publication in the Official Journal.
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DECREE OF THE PRESIDENT OF THE REPUBLIC September 2, 1999, # 348
Official Journal of 12 October 1999 n. 240
Regulation on technical rules on environmental impact studies
that for certain categories of works
The president of the Republic
Having regard to Article 87 of the Constitution;
Having regard to Council Directive of the European Communities No. 85/337 / EEC of Con-
Council of 27 June 1985 on the environmental impact assessment
effects of certain public and private projects;
Having regard to Law 8 July 1986, n. 349;
The Order of the President of the Council of Ministers of August 10, 1988, n.
377, and subsequent modifications and additions;
The Order of the President of the Council of Ministers of 27 December 1988
published in the Official Journal. 4 of 5 January 1989;
The Order of the President of the Republic February 11, 1998, published
in the Official Journal. 72 of 27 March 1998 laying down detailed provisions integration
tive to the decree of President of the Council of Ministers August 10, 1988, n. 377;
Considering article 17, paragraph 1 of Law August 23, 1988, n. 400;
Having regard to Article 1, paragraph 1, point ii), the Law of 12 January 1991, n. 13;
Union of 9 April 1999;
Having heard the Permanent Conference for relations between the state, the regions and the Pro-
wins autonomous of Trento and Bolzano on 6 May 1999;
Having heard the opinion of the State Council, expressed by the advisory section for
legislation in the meeting of June 7, 1999;
July 1999;
It gives off the following regulations:
article1
1. The technical standards relating to the preparation of environmental impact studies
for each category of works mentioned in Article 1, paragraph 1, letters n) to u)
the Cabinet Decree of 10 August 1988, n. 377, as amended by Decree of the pre-
dent of the Republic February 11, 1998, published in the Official Journal
of 27 March 1998, n. 72, are defined in Annex I, which is an integral part of the
This regulation amends and supplements Annex III of the Cabinet Decree of 27
December 1988 published in the Official Gazette no. 4 of 5 January 1989.
Official for legal acts of the Italian Republic. It is mandatory for
all to observe and that it is observed.
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Annex I
According to categories of works mentioned in Article 1, paragraph 1, points
n) to u) of the Cabinet Decree of 10 August 1988, n. 377, the provisions of Articles
3, 4 and 5 of Cabinet Decree of 27 December 1988 are as specified and integrated:
1. Pipelines length of more than 40 km and a diameter greater than or
equal to 800 mm, excluding those covered by the decree of the President
Republic April 18, 1994, n. 526.
As regards the policy framework, the description of the
project must indicate it relations with the following acts of program-
tion and sector planning and area, for matters related to:
framework of the Community market in natural gas;
framework of the internal electricity market;
issues relating to the situation of the global climate;
transboundary air pollution long distance;
National and regional energy plans;
any other programming tools and national funding or
International;
regional industrial development plans;
regional plans for transportation;
Regional plans for the preservation and environmental remediation, territo- plans
riali and landscape or urbanisticoterritonali plans, watershed plans under
Law n 183/1989;
local planning instruments;
any plans for development of technological networks;
national and regional protected natural areas; site of community importance;
any restrictions under the laws n. 1089/1939, no. 1497/1939, no.
431/1985.
As regards the design framework will be described:
mode and technological choices for the respect of the rules and provisions,
also local in nature, relating to the preservation and protection of the environment and
the health of the population, that apply to the technology used
in the construction phase and in that of the activity exercise, with reference
chin in particular the protection of air quality, water conservancy,
use and transport of flammable, explosive or toxic, the
safety of the installations in question, the disposal of waste;
Environmental insertion plane;
criteria used in the track choices, comparing and explaining the solution
tion with those of the chosen alternative, with particular reference
the occupation of land and resource use, to the best technologies
available, the product handling technology; and the best
practices for environmental design, in relation to:
- residential and residential settlements;
- industrial sites;
- intersection of roads, railways, waterways and other infrastructure trans-
filed;
- geological, geomorphological, hydrological;
- agriculture and forestry;
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Page 101
- landscaping sets concerned; elements of particular importance paesaggi-
stico and natural, in accordance with the regulations in force; areas affected by
archaeological presences, architectural and historical;
- design criteria with respect to seismic risk,
Long-term geological risk and settling processes
ground;
- description of the relevant structural elements of the duct of THE COMPRESSOR
recchiature handling of the products and any systems
service
- Overview on the overall picture of the industrial equipment and
existing civil infrastructure, relevant to the project under consideration, in territories
thorium concerned (tracked, features, technical conditions and uti-
LIZZO) in order to evaluate the possible rationalization of the system
infrastructure
- description of civil infrastructure and industrial functionally con-
nesse of transport of the products and service (storage, port terminals and
rail
and
power lines), with indication of the flow rates and chemical characteristics
physical properties of the substances handled under normal operating conditions;
of any auxiliary additive systems provided with an indication
the quantity and physico-chemical properties of the auxiliary substances or
additivanti used;
- description of the operating conditions of the systems intended for the prevention
tion of the various forms of pollution (containment, abatement
of air pollutant emissions, purification of liquid effluents,
treatment and disposal of solid waste, reduction of noise, vibration,
odors, etc.) and monitoring systems;
- indication of the quantities of products handled annually and
consumption or use of raw materials, energy and natural resources;
- any other specific information relating to particular technologies hands-
polazione handled or use of products of the materials used in the
specific installation;
- characteristics and amount of emission of methane and other substances in
atmosphere and liquid effluents from the work in the project and those functionally
connected mind;
- analysis of possible malfunctions of systems and accidents with POS
hissing environmental repercussions (uncontrolled release of substances
pollutants and harmful, toxic and / or flammable into the atmosphere or into water bodies,
explosions and fires, business interruption, etc.) with identification
in quantitative terms (quantity, flow rates of release, duration, etc.) of
possible causes of disturbance to environmental components
defined; description of preventive and protective systems (active interventions and / or
passive); predispositions for emergency situations;
- predictable type and duration of any dismantling work, with
indication of any residual gaseous, liquid or solid products; descriptions
tion of any possibility of the plant reuse for other purposes;
transformation of existing installations;
- reclamation plans, with reference to rehabilitation and recovery phase
installation and dismantling;
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- availability of consolidation efforts of the natural functions;
- any willingness to adopt voluntary management tools
environmental, under Community rules.
With regard to the environmental framework will have to describe
and estimate the effects on the environment, due to the construction, operation and even-
tuale dismantling work or intervention, with reference to the elements EVI
denziati within the framework of the programmatic and projectable reference, as well as to
components and factors referred to in Annexes I and II of the Cabinet Decree 27 December 1988.
In particular they should be explored, quantified, where possible median-
you use templates, and described with specific thematic maps, the following aspects:
Potential pollution of surface and / or groundwater caused by
accidental breakage of the works significant fragmentation of the environment
crossed, with potential injury of the ecosystem and fruition structures;
alterations of surface or underground water flows;
induction potential of hydro-geological risks related to the alteration buoyancy
soil;
consumption of habitat for plant species or protected animals, affected by
potential environmental effects of the project;
contributions to air pollution local and regional level;
impacts related to significant new dimensions in the physical and cultural landscape;
various types of impacts related to new infrastructure and technology networks
finalized or functional to the realization and operation, and the interaction
with other projects or existing works;
correct insertion measures in the landscape and the ecosystem, through
the preferential use of ecosystems-filter and bioengineering techniques;
mitigation measures of possible impacts related to emissions of
pollutants, in relation to the expected severity of the consequences
in terms of environmental risk and human health effects;
Compensation measures and restoration of the sites;
monitoring measures and planned control procedures;
survey on the vulnerability of aquifers to pollution.
2. Storage of chemical and petrochemical products with total capacity
more than 80,000 cubic meters;
Surface storage of natural gas with a higher total capacity
80,000 cubic meters;
storage of liquefied petroleum gas products with total capacity
more than 40,000 cubic meters;
storage of liquid petroleum products of total capacity greater than
production of compounds that damage the stratospheric ozone layer;
National plans of the sector concerned;
International;
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Page 103
regional and provincial transport plans;
riali and landscape or urban and spatial plans, watershed plans under
Law n 183/1989;
regional area plans for areas of high concentration of indus- activities
striali at risk of major accident; regional plans for the development of indus-
atrial;
431/1985.
the health of the population, that apply to the technology used
in the construction phase and in that of the activity exercise, with reference
chin in particular the protection of air quality, water conservancy,
use and transport of flammable, explosive or toxic, the
safety of storage facilities, disposal of waste, the pre-
prevention of major accident hazards and the preparation of its
countervailing measures;
the criteria choices, even locational type, comparing and explaining the
chosen solution with those of alternatives, with particular reference
the occupation of land and resource use, to the best technologies Dispo-
nibili and best practices for environmental design,
about the technology of the products of storage systems, fuels and
some waste; of the release of containment systems; of abatement systems
of pollutant emissions into the atmosphere and liquid effluent treatment plant;
Design criteria in relation to the seismic risk and the risk
hydrogeological;
description of the storage system with an indication of quantity and character-
teristics chemical-physical characteristics of the stored products; loading systems and
exhaust system with an indication of the quantity and physico-chemical characteristics of the
substances handled under normal operating conditions; of systems
Safety envisaged to minimize accidental spills and for the
treatment in the safety of the same; of any additiva- systems
tion with an indication of the quantity and physico-chemical characteristics of the
additivanti substances used;
description of the operating conditions intended for the prevention systems
the various forms of pollution (containment of releases, felling
of air pollutant emissions, purification of liquid effluents,
treatment and disposal of solid waste, reduction of noise, vibration,
smells, etc.) and monitoring systems;
description of the civilian infrastructure and functionally related industrial
transportation products and service (port terminals, rail and road,
oil pipelines, gas pipelines and power lines);
indication of the quantities of products handled annually and
consumption or use of raw materials, energy and natural resources;
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any other specific information relating to particular technologies manipulated
tion of the products stored or use of the materials used in the specific
facility;
characteristics and quantity of atmospheric emissions and liquid effluents;
analysis of possible malfunctions of systems and / or processes with possible
impacts of environmental and man (uncontrolled releases
pollutants and harmful substances, toxic and / or flammable atmosphere or
water bodies, radioactive releases, explosions and fires, business interruption,
etc.) and accidents during the handling of hazardous substances, with
detection in quantitative terms (quantity, flow rates of release, time
reaction, durability, impact areas, accident scenarios, etc.) of the possible
perturbation causes to environmental components and anthropogenic
piche defined;
description of preventive and protective systems (active and / or passive interventions);
predispositions for emergency situations;
predictable type and duration of any dismantling work with indi-
cation of any acriformi residues, liquid or solid products; description of
any possibility of re-use of the system for other purposes; transformation
tion of existing installations;
reclamation plans, rehabilitation and recovery with reference to the commissioning phase
in work and dismantling;
availability of consolidation efforts of the natural functions;
eventual willingness to adopt voluntary environmental management tools
that under Community law.
In particular they should be explored, quantified, where possible, by means of
use templates, and described with specific thematic maps, the following aspects:
contributions to air pollution through local and regional
evaporative processes;
potential pollution of surface and / or groundwater caused DAL-
the inappropriate disposal of runoff waters or by Rot-
ture accidental impacts of the containment structures related to traffic
induced (air pollution to soil, noise, risk factors);
soil;
finalized or functional to the realization, the exercise and the interaction with
other projects or existing works;
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mitigation measures of possible impacts related to emissions of
impacts related to the possible need to establish specific constraints nell'am-
scope of the use planning instruments of the surrounding territory in-
down by location;
3. Thermal power plants with total electric power exceeding 50
MW and less than 300 MW thermal power, with exclusion of those with
thermal power up to 300 MW referred to program agreements provided DAL-
Article 22, paragraph 11 of Legislative Decree 5 February 1997, n. 22.
tion and sector planning and area, such as:
Directive on electrical and subsequent internal energy market
determinations at the national level, the EU Directive on the market
Community natural gas, the Framework Convention on climatic changes
tical and consequent national emission reduction plans, the con-
Geneva Convention on Long-Range Transboundary Air
away and its implementing protocols;
National Energy Plan;
transportation plans and road conditions in the area concerned;
regional and provincial plans for waste management;
Regional plans for the protection and remediation;
spatial plans and landscape or urban and spatial plans, watershed plans to
accordance with law no. 183/1989, development plans for industrial activities;
any other programming tools and financing;
any restrictions under the laws n. 1089/1939, no. 1497/1939, no. 431/1985.
the health of the population, that apply to the technology used in
production processes and construction, with particular reference to the protection
air quality, the protection of waters, to ionizing radiation, all'u-
s ing and transportation of flammable, explosive or toxic, the sicu-
rity of the plants, waste disposal;
criteria and reasons for the choices, localization, comparing and explaining the
the chosen solution with those alternatives, about the technology
thermal cycle, of the containment systems and abatement of pollutants in
emissions to air and in liquid effluents, methods and allocation of
solid waste and by-products and their recovery or recycling, with reference
the rules and regulations mentioned above and any industry technical standards,
and the assessment of the best available technologies; criteria and procedures
for the minimization of emissions into the atmosphere (dust, and micropollutants
odors) due to the management of fuels and combustion processes;
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criteria and procedures for the storage and management of fuels;
criteria and motivations of the choices in the case of co-firing;
percentage breakdown, characterization of fuels, conditions and procedures
operational;
description of the production systems and process, with particular reference
to the steam generation system and / or heat, to the cooling system
Central, to systems for the prevention of various forms of pol-
friendly way (abatement of air pollutant emissions, purification
of liquid effluents, treatment and disposal of solid waste, reduction
noise and vibration, etc.) and monitoring systems;
describing the use of raw materials and natural resources, with particular
regarding the description of the criteria for the minimization of the subtraction
of surface water or groundwater, by means of comparison of design choices
alternatives, with specific identification of possible ways to maximize the
recirculation within the process;
description of the electrical infrastructure and power lines, associated with
the proposed intervention, civil infrastructure and transport infrastructure and
storage of fuels and other process or service materials (Ter-
port nals, bunkers, tanks, pipelines, gas pipelines or other linear systems
transport of materials) with an indication of functional relationships of
technological networks with its operation and the substantial changes
tial of the system compared to the current state and with particular regard to
areas affected by significant changes in the electromagnetic field;
changes and / or additions to the technological networks all'eser- functional system
financial year of the plant;
documents in which, based on engineering judgments, are ripor-
tati: a) the calculations for thermal and electrical efficiency, partial and total, con-
congruent with the values guaranteed by the suppliers of process equipment for
each type of fuel used; b) material balance and the global energy
for each type of fuel, at a minimum and the design load; c) budgets
matter and of specific energy for the fumes abatement units and treat-
chin of waste (liquid and solid);
emissions of greenhouse gases and substances that deplete the layer ozonostra-
tosferico;
characteristics and amount of emissions into the atmosphere and liquid effluents;
pollutants and harmful substances in the soil, flammable atmosphere or bodies
water, explosion and fire, business interruption, etc.), as well as the possi-
bility of accidents during dangerous transport, identifying in terms
quantitative (amount of leakage rates, reaction time, duration, etc.) of
Estimated potential causes of disruption against components
defined environmental; description of preventive and protective systems (interventions
active and / or passive); predispositions for emergency situations;
type and anticipated duration of the eventual dismantling work, with the in-
indication of atmospheric residues, liquid or solid products; description of
tion of existing installations; plans of reclamation and remediation; recovery purposes
nature;
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Page 107
denziati within the framework of the programmatic and projectable reference, as well as to com-
ponents and factors listed in Annexes I and II to Dpcm December 27 1988. In particular
lare must be deepened, quantified, where possible through the use of
models, and described with specific thematic maps, the following aspects:
the inappropriate disposal of used water;
the inappropriate disposal of runoff waters;
impacts associated with the disposal of waste of various types;
impacts related to the production of noise by the planned activities on the site;
soil;
the preferential use of ecosystems-filter and a naturali- engineering techniques
stica;
the possible impacts of containment measures related to the emissions of
monitoring measures and planned procedures of control.
4. Plants for the production of hydroelectric energy with granting power
sion exceeding 30 MW including dams and reservoirs directly interlocked.
tion and sector planning and area:
basin plans;
national agricultural plan;
general plan of the aqueducts;
transport plans;
sectoral regional programs;
accordance with law no. 183/1989, plans for industrial activities;
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431/1985.
A) Hydroelectric plant:
health of the population, that apply to the technology used in the pro-
production process and construction, with particular reference to the protection
water, riverbeds and their fauna, flora and vegetation;
description of the electricity generation system;
describing the use of raw materials and natural resources, with regard
particular the removal of surface water or groundwater and eventual
different destination, the downstream system, compared to the current situation;
description of the electrical infrastructure, electric power lines and infra-
civil ture with documentation demonstrating compliance with local regulations;
any other specific information relating to the production system, in relating
tion with the existing environmental conditions in the proposed site for the settle-
chin; it should be noted, in particular, the issue of water quality
discharged in the river bed;
analysis of possible malfunctions of the system with possible repercussions
environmental and human nature (uncontrolled release of water); descriptions
tion of preventive and protective systems (active and / or passive interventions);
predispositions for emergency situations;
predictable type and duration of any dismantling work, with clearly
cation of the liquid and solid residues products; Description of any possi-
ity of the plant re-use for other purposes; conversion of plants
existing; recovery lines naturalistic purposes;
There must also be identified quality and, where possible, the amount of materials to be
bring the landfill, both during construction that in the eventual phase
dismantling, locating the maximum the same and providing the modalities
techniques that will follow the contractor for the accommodation of the same;
availability of consolidation efforts of the natural functions.
B) derived works and water supply the hydroelectric plant:
also local in nature, relating to the preservation and protection of the environment,
that apply to technologies used in the construction process;
the project description of the route choices will be justified Raf-
paring and motivating the chosen solution with those of the alternatives,
highlighting the reasons of such choice on the basis of parameters of
technical, economic and environmental, with reference in particular to:
- track and profiles;
- typological solutions (tunnel excavation, satin) and their relative interrelations;
bring the landfill, locating the maximum the same and providing the fashion-
Technical ity to which it must respect the contractor for the accommodation of the same;
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Page 109
analysis of possible malfunctions of the works with possible repercussions
of an environmental nature (uncontrolled release of water, breakage or failure
the penstock); description of preventive and protective systems (inter-
twenty active and / or passive); predispositions for emergency situations;
type and anticipated duration of the eventual dismantling work, with the in-
indication of product residues; Description of any possibility of riuti-
LIZZO works for other purposes; lines of remediation plans and risana-
Chin, restoration project sites;
availability of consolidation efforts of the natural functions
C) Dams and reservoirs directly subservient:
health of the population, which are applied in the construction phase and during
operation of the plant, with particular reference to the protection of waters,
to plant safety, disposal of bottom sediments;
the project description will be justified the choices of the type of landings
Ramento and related works, highlighting the reasons for the choice
above on the basis of technical parameters, economic and environmental,
with reference in particular to:
- track and profiles;
- typological solutions (tunnel excavation, satin) and their relative interrelations;
comparison with the possible suitable alternatives to the objectives
based project;
location of the dam and the reservoir in relation to the character-
tics geological, geotechnical and seismotectonic Site;
typological solution of the dam and associated works and relating them
tive interrelationships;
according to the geomorphology, climatic, agricultural and anthropogenic
the area of the afferent basin will be indicated a solid intake estimate nel-
the reservoir and its physicochemical characteristics, together with the prediction
the possible actions to be taken during the operation of the plant for
maintain their efficiency, and in relation to the quality of derived waters and unloading
cate; It will be indicated the estimated exercise regime of the reservoir in relation
to the users to meet and predictable magnitude of the flare and invaded cycles and
the consequences on the usability and stability of the banks;
we will present the results obtained with the study hypothesis of collapse
the weir;
will be given directions about the quarries available under the law
valid and usable with regard to their geological characterization
and potential; in the case of exclusively open quarries and used in func-
tion of the work in question, techniques, procedures will be specified that
He must follow the contractor for the rehabilitation of quarries after the same
their use;
availability of consolidation efforts of the natural functions.
Concerning the construction phase, the elements acts will be provided to
identify the main expected impacts, including an indication of the requirements to be
included in projects and in the contract documents for the containment of these
impacts and for environmental remediation.
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true and estimate the effects on the environment, due to the construction, operation and
eventual dismantling work or intervention, with reference to the ele-
minds highlighted within the framework of the programmatic and projectable reference,
as well as to the components and factors referred to in Annexes I and II of the Decree of the Presi-
tooth Council of Ministers December 27, 1988.
In particular should be explored, quantified, where possible
through the use of models, and described with specific thematic maps, the following
aspects:
alterations of surface water flows and their consequences on outflows
vital minimum;
alteration of groundwater flows, both upstream and downstream of the reservoir;
alteration in the uses of water resources;
hydrological report containing the reconstruction of the hydrological regime to
intake section (medium flow and maximum with full allotted time of
return, either as liquid flow rate as a solid flow, motion conditions
of the current - riverbed with river flow conditions or torrential - and
effects of erosion and deposit in the river bed), with a focus on data PLU-
viometrici and the calculation of the runoff coefficient and parameters character-
stici the feeding basin, used in input to the processing;
potential risks of inductions on the slopes affected by the hydrogeological
works and the new reservoir;
possible inductions of erosive processes on riverbanks downstream or on the coasts
marine sediment transport caused by reduction of the watercourse in
object;
significant fragmentation of the environment crossed, with potential
prejudice to ecosystem structure and fruition;
better integration measures in the landscape and the ecosystem, through
the preferential use of ecosystems-filter and a naturali- engineering techniques
stica;
monitoring measures and planned procedures of control.
5. A solid fuel product storage with a total capacity exceed
riore to 150,000 t.
framework of the Community market in natural gas;
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National plans of the sector concerned;
International;
Law no. 183/1989;
regional area plans for areas of high concentration of industrial activities
at risk of major accident; regional plans for industrial development;
construction processes, with particular reference to the protection of forty
Air ity, the protection of waters, the use and transport of products com-
solid fuels, the security of the storage facility, disposal
of waste, the prevention of the risks of major accidents and the predisposition
tion of the relevant compensatory measures;
choices criteria, comparing and explaining the chosen solution with
those of alternatives, with particular reference to the employment of soils
and the use of resources, best available technologies and best prac-
cies for environmental design, about the technology
storage systems of solid fuels and wastes; of abbat- systems
timento polluting emissions into the atmosphere and treatment of SCA
richi water; of water treatment systems, conditioning and disposal of
solid waste; of recovery and recycling of waste hypothesis;
Design criteria in relation to the seismic risk and the risk
hydrogeological;
description of the storage system with an indication of quantity and character-
teristics chemical-physical characteristics of the stored products; loading systems and
exhaust system with an indication of the quantity and physico-chemical characteristics of the
substances handled under normal operating conditions; of systems
Safety envisaged to minimize accidental spills and for the
treatment in the safety of the same; description of any systems
auxiliary foreseen, with an indication of the amount and chemical characteristics
Physical auxiliary substances used;
description of the operating conditions intended for the prevention systems
the various forms of pollution (containment of releases, felling
of air pollutant emissions, purification interventions of SCA
richi water, treatment and disposal of solid waste, reduction of noises,
vibration, odor, etc.) and monitoring systems;
description of civilian infrastructure and functionally related industrial
Transportation of solid fuels and service (port terminals, rail and
Road, transport pipelines and power lines);
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Page 112
indication of the lively solid quantitative and con-
consumption or use of raw materials, energy and natural resources; any other
specific information relating to particular process technologies or the use
of the materials used in the specific plant;
water bodies, explosions and fire, business interruption, etc.) and
accidents during the handling of hazardous substances, with individua-
tion in quantitative terms (quantity, flow rates of release, reaction times,
duration, impact areas, accident scenarios, etc.) of the possible causes of
disruption to environmental components and man-defi-
nite; description of preventive and protective systems (active interventions and / or Pas-
sivi); any arrangements for emergency situations;
cation of any residual gaseous, liquid or solid products; description of
any possibility of re-use of the system for other purposes;
transformation of existing installations; plans of reclamation and remediation,
restoration project sites;
reclamation plans, rehabilitation and recovery with reference to the commissioning phase
in work and dismantling;
tuale dismantling work or intervention, with reference to the elements
highlighted in the framework of the programmatic and projectable reference, as well as to
In particular should be explored, quantified, wherever possible by means
contributions to air pollution through local and regional
Evaporative and diffusive processes (dust, ...);
the inappropriate disposal of runoff waters or by Rot-
ture accidental impacts of the containment structures related to traffic
induced (air pollution to soil, noise, risk factors);
soil;
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Page 113
down by location;
6. gasification and liquefaction.
tion and sector planning and area, such as: the directives
relating to the internal electricity market and subsequent determinations
Nationally, the EU directive on the EU gas market
natural, the Montreal Protocol for the progressive elimination of the produc-
tion of compounds that damage the stratospheric ozone layer, the conventions
tion framework on climate change and consequent national plans contained
nimento emissions, the Geneva Convention on atmospheric
spherical cross-border long-distance and its implementing protocols;
regional and provincial levels of waste;
General transport plans referred to Cabinet Decree of 10 April 1986;
regional area plans for areas of high concentration of indus- activities
striali at risk of major accident;
spatial plans and landscape or urban and spatial plans; basin plans to
accordance with law no. 183/1989, plans for industrial activities;
manufacturing processes or construction, with reference in particular to the protection
air quality, the protection of waters, the use and transport of
flammable, explosive or toxic to plant safety
industrial, waste disposal and the prevention of risks of accidents
and relevant to the preparation of the relevant compensatory measures;
criteria and reasons for the choices, comparing and explaining the solution pre-
choice with those alternatives, on the technology of the productive systems
process and storage of fuels, raw materials, products and by-products
and waste; of abatement of pollutant emissions into the atmosphere and
treatment of liquid effluents, mode and destination of solid waste and
of by-products; of alternatives and choices recovery and recycling sub-
products and / or waste in order to reduce to the maximum possible disposal;
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Page 114
description of the production systems and process with indication of Quan-
identity and physico-chemical characteristics of the raw materials used and the pro-
intermediate and final products;
criteria and for the storage mode and the fuel management (abbatti-
chin powders and micropollutants);
descriptions of the operating conditions of the relevant process steps of
systems for the prevention of various forms of pollution (abbat-
timento of air pollutant emissions, sewage effluent
liquid, treatment and disposal of solid waste, reduction of noises,
vibration, odor, etc.) and monitoring systems;
analytical description of the works necessary for the realization of the terminals
(Eg. Dredging the seabed, disposal of the relative resulting materials,
etc);
Description of civilian infrastructure and the transport and storage of materials
process or service (port terminals, road and rail, deposits,
oil pipelines, gas pipelines and power lines, including the terminals);
description of the consumption or use of raw materials and natural resources
particular regard to the description of the criteria for the minimization of
subtraction of surface water or groundwater, by means of comparison between choices
design alternatives with specific identifying the possibilities of maxi-
simizzare recirculation within the process;
documents in which, based on engineering judgments, are ripor-
tati: a) the calculations for thermal efficiency, consistent with the guaranteed values
by suppliers of process equipment for each type of combustible
bile of departure; b) material balance and global energy, at minimum load and
project; c) material balance and specific energy for the treat- units
chin gas and waste treatment (liquids and solids);
water bodies, radioactive releases, explosions and fires, breaks atti-
activity, etc.), accidents during the handling of hazardous, with indivi-
duazione in quantitative terms (amount, leakage rates, response times,
duration, impact areas, accident scenarios, etc.) of the possible causes of
disruption to environmental components and man-defi-
nite; description of preventive and protective systems (active interventions and / or
passive); any arrangements for emergency situations;
cation of any atmospheric residue liquid or solid products; Description
tion of existing installations; plans of reclamation and remediation; recovery purposes
nature;
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Page 115
impacts related to the spread of dangerous substances in different matrices
environmental (air, water, soil, biosphere);
impacts related to the production of noise by the planned activities on the site;
soil;
down by location.
7. Equipment for the treatment of irradiated nuclear fuel, to pro-
duction or enrichment of nuclear fuels, the processing of combustible
stibile irradiated nuclear or highly radioactive wastes.
With regard to the programmatic framework of the description
tion and planning:
transport plans;
riali and landscape or urban-territonali plans, watershed plans under
Law no. 183/1989, plans for industrial activities;
reclamation plans and land recovery dismantling Valley DEL-
the facility;
431/1985.
mode and technology choices for compliance with the rules and regulations
115
Page 116
Local also related to the preservation and protection of the environment and
the health of the population that apply to the technology used in
processes used, with particular reference to the protection of the quality of provision
the air, the protection of waters, ionizing radiation, the use of
flammable, explosive or toxic to plant safety,
waste disposal;
the process systems with indications of the amount and chemical characteristics
physical and radiological fuel or waste treated;
description of the plant, with particular reference to containment systems
chin of radioactivity and of dangerous substances, to treat- systems
chin of liquid and gaseous effluents;
reference standard in the design and construction of the plant;
estimation of waste produced in the plant (quantity, character-
tics) their management (cataloging second assurance procedures of forty
ity, storage, treatment, etc. ) And destination;
duration of the construction phase and the operation phase;
Fuel transport mode and waste;
description of the construction phase (excavation, construction, transport of the aggregates and
of the resulting materials, use of surface water, etc.);
estimates and characteristics of the liquid and gaseous releases under normal conditions
exercise and their apporzionamento with the expected exhaust formulas authorized
Zate advance;
service infrastructure;
handling systems;
any other specific information relating to particular technologies employed;
energy consumption provided in the construction phase and the operation phase;
description of the consumption and use of raw materials or natural resources in the
stage of construction;
analysis of the area accidents (explosions, fires, excursions critical, exception
tera), accidents during transport, external events (earthquake, trumpet
air, flood, fall of the plane) and possible malfunctions
systems with possible repercussions on the environment and on humans (uncontrolled releases
sides of pollutants, harmful, toxic, radioactive both soil nel-
the atmosphere or in water bodies), detection in quantitative terms (quantity,
Escape rates, durations, etc.) of the possible causes of disturbance and
consequences in relation to defined environmental components; Description
prevention systems and active and / or passive intervention;
activation procedures, etc. intervention. and interventions of governments to
various capacities responsible in case of emergency (plan coordinated intervention or
emergency plan);
soil monitoring systems, and conventional air and water
radiometric;
organization and training of personnel for the management, control and in-
intervention in exceptional situations;
Plant decommissioning strategy at year end (duration, type
of works, liquid effluents and gaseous, inert resulting material, quantity and
destination, radioactive waste products, characteristics, classification,
quantity, cataloging and destination, radiation protection criteria, thresholds
activities and final checks for the release of the site);
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Page 117
aspects of public health and protection from ionizing radiation, evaluation
the release of radioactive substances and other toxic under normal conditions and
incident, identification of critical pathways and critical groups, evaluation
the doses on the population;
radio-ecological impact;
alteration of water quality, with respect to the physical and chemical aspects of bio-
logical, in respect of discharges and water withdrawals;
noise and vibration impacts during construction and decommissioning;
potential inductions of hydrogeological risks buoyancy alteration of soils;
8. facilities for the storage (planned for more than ten years) of combustible
stibile irradiated nuclear or radioactive waste and / or collection and treatment
radioactive waste in a different site than the production site.
As regards the programmatic framework of the description
tion and planning:
sector planning;
transport plans;
Law no. 183/1989, plans for industrial activities;
environmental remediation plans (for deactivation);
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Page 118
mode and technology choices for compliance with the rules and regulations
Local also related to the preservation and protection of the environment and
the health of the population that apply in the construction phase, nel-
operation and decommissioning as well as in the transportation com-
irradiated fuel or radioactive waste;
quality assurance procedures used in characterization and
registration of radioactive waste and spent fuel;
description of the characteristics of irradiated fuel and waste
radioactive, and that will be stored on the recording mode and cata-
type-approval;
description of the radioactive waste to be treated;
annual and total amount of irradiated fuel and radioactive waste that
will be stored;
annual and total amount of radioactive waste to be treated;
duration of the construction phase and the operation phase;
Selection criteria for the storage technology used for combustible
stibile and for waste;
selection criteria and description of waste treatment processes;
Fuel transport mode and waste;
reference standard in the design and construction IMPORTER
cry;
description of the construction phase (excavation, construction, transport of the aggregates and
of resulting materials, use of surface water, etc.);
the system description with particular reference to security systems,
of radioactivity and abatement of control, containment
pollutants in the exhaust gases and liquids period of time, beyond the period
the useful life of the system, taken as a safety margin in designing
tation of the containment barriers and in the identification of events
exceptional reference;
estimates and characteristics of the liquid and gaseous releases under normal conditions
exercise and their apporzionamento with the expected exhaust formulas authorized
Zate advance;
estimation of waste produced in the deposit, their management and destination
tion;
handling systems;
any other specific information relating to particular technologies employed;
energy consumption provided in the construction phase and the operation phase;
description of the consumption and use of raw materials or natural resources in the
stage of construction;
analysis of the area accidents (explosions, fires, criticality excursions,
etc.), accidents during transport, external events (earthquake,
tornado, flood, etc.) and possible malfunctions of
systems with possible repercussions on the environment and on humans (incon- releases
trolled pollutants, harmful, toxic, radioactive both soil
in the atmosphere or in water bodies), detection in quantitative terms
(Quantity, leakage rates, durations, etc.) of the possible causes of disturbance
tion and consequences against defi- environmental components
nite; description of systems for preventing and active and / or passive intervention;
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Page 119
activation procedures, etc. intervention. and interventions of governments to
various capacities responsible in case of emergency (plan coordinated intervention or
emergency plan);
soil monitoring systems, and conventional air and water
radiometric;
organization and training of personnel for the management, control and in-
intervention in exceptional situations;
Plant decommissioning strategy at year end (duration, type
of works, liquid effluents and gaseous, inert resulting material, quantity and
destination, radioactive waste products, characteristics, classification,
quantity, cataloging and destination, radiation protection criteria, thresholds
activities and final checks for the release of the site;
In particular they should be explored, quantified, where possible me-
diante use templates, and described with specific thematic maps, the following
aspects:
aspects of public health and protection from ionizing radiation, evaluation
the release of radioactive substances and other toxic under normal conditions and
incident, identification of critical pathways and critical groups, evaluation
the doses to the population;
radio-ecological impact;
alteration of the air quality in relation to emissions in the phase of
construction, operation and decommissioning;
noise and vibration impacts during construction and decommissioning;
soil;
Containment measures of possible impacts related to emissions of SO-
pollutants rooms, in relation to the expected severity of the consequences
terms of environmental risk and human health effects;
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Page 120
9. Mining for research, cultivation and processing minerallur-
game of minerals mine in accordance with Article 2 of Royal
Decree n. 1443 of July 29, 1927, as amended including per-
tinenziali residue landfills resulting from those activities and related
processing, whose jobs directly affect the overall surface areas
exceeding 20 hectares.
tion and sector planning and area:
national sector plans;
any other programming tools and funding;
regional and provincial plans for the protection and remediation;
accordance with law no. 183/1989;
plans for industrial activities;
the physical characteristics of the whole project and the needs of BE USED
tion of the soil, during the phases of site preparation and operation;
the main characteristics of the production processes, with an indication of
physico-chemical characteristics and quantity of the materials for which it is pre-
provisions of the plant;
choices criteria, comparing and explaining the chosen solution with
those of alternatives with reference to the applicable standards and regulations and
any industry technical standards, with regard to: a) technologies used for
research, cultivation and minerallurgico treatment; b) systems con-
tenimento and abatement of pollutants in atmospheric emissions and
in liquid tributaries; c) treatment, conditioning and disposal
chin of solid waste and by-products and their recovery or recycling;
consumption or use of raw materials and natural resources;
assessment of the type and amount of the expected residues and emissions
(Pollution of water, air and soil pollution, noise, vibration, light,
heat, radiation etc.) resulting from the research, cultivation and treat-
minerallurgico chin;
transport infrastructure;
pollutants and harmful substances in the soil, flammable atmosphere or bodies
water, explosion and fire, business interruption, etc.), description of
preventive systems, any predispositions for emergency situations;
type and duration of any dismantling work with a description of
reusability of plants for other purposes and reclamation plans and
remediation, restoration project sites;
identification of the quality and, where possible, quantities of materials to be enamelled
tire in landfills, locating the maximum the same and providing the modalities
techniques which it must respect the contractor for their accommodation;
description of the measures to minimize the risk of pollution in the
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Water and body in the atmospheric environment, resulting from the decanting basins
tion and the sterile storage areas or sedimentation;
denziati within the framework of the programmatic and projectable reference as well as the com-
ponents and factors listed in Annexes I and II to Dpcm December 27 1988. In particular
lare must be deepened, quantified, where possible through the use of
models, and described with specific thematic maps, the following aspects:
impacts related to the spread of dangerous substances in different matrices
environmental (air, water, soil, biosphere);
impacts related to the production of noise and vibration from the activities
(Use of explosives, etc.) provided on the site as well as on infrastructure and
inhabited centers present in the surrounding area;
significant fragmentation of the environment crossed, with potential
injury of ecosystem structure, fruition;
impacts associated with the induced traffic (air pollution to soil, noise,
risk factors);
potential inductions of hydrogeological risks buoyancy alteration of soils;
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Page 122
DECREE OF THE PRESIDENT OF THE REPUBLIC OF 04/12/1996
Italian Official Journal n. 210 of September 7, 1996
Act guidance and coordination for the application of Article 40 paragraph 1 of the
Law 146 of 22 February 1994 concerning provisions on evaluation
tion of environmental impact.
TEXT
The President of the Republic saw the article 1 of the Law of 12 January 1991, n. 13;
since Article 9 of the law March 9, 1989, n. 86;
view of the law 8 August 1990, n. 241;
view of the law 22 February 1994 n. 146, and in particular the art.40, paragraph 1, the
which provides that the government, by an act of guidance and coordination, define
the conditions, criteria and technical standards for the application of the procedure
environmental impact of the projects included in Annex II to Directive 85/337 / CEE,
the Council of 27 June 1985 on the assessment of impact AM-
effects of certain public and private projects;
saw the article 6 of the law July 8, 1986, n. 349;
having regard to the statutes of the Regions with special statute and the autonomous provinces of
Trento and Bolzano;
considering the Decree of the President of the Council of Ministers August 10, 1988, n. 377;
considering the Decree of the President of the Council of Ministers December 27, 1988, pub-
lished in the Official Gazette no. 4 of 5 January 1989 laying down technical rules
for the preparation of environmental impact studies and the formulation of the down-
dizio compatibility stated in article 6 of the law July 8, 1986, n. 349;
given the need to give urgent and full implementation of the Directive
85/337 / CEE, in consideration of the opinion of the Committee of
European Communities on 7 July 1993 by which the Italian Republic is
It was requested to take the necessary measures for submission to the pro-
tough environmental impact assessment of projects under the Annex to
the directive when they have a significant environmental impact;
after hearing the autonomous provinces of Trento and Bolzano in accordance with article 3 of the
Legislative Decree 16 March 1992 n. 266;
consultation with the Permanent Conference for relations between the state, the regions and the pro-
He wins autonomous of Trento and Bolzano in the sessions of 8 February 1996 and
March 14, 1996;
view of the decision of the Council of Ministers, adopted at the first meeting
April 1996; of Ministers on the proposal of the budget and planning
economic responsibility for the coordination of European Union policies
and public works and the environment, together with the ministers of the Treasury, the
Foreign Affairs, Industry, Trade and Crafts, transport and
navigation, the civil service and regional affairs and resources
agricultural, food and forestry;
decrees:
It has approved the forthcoming guidelines and coordination relating to conditions
tions, criteria and technical standards for the application of the Impact Procedure
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Page 123
to environmental projects included in Annex II to the Council Directive
85/337 / CEE on the assessment of certain environmental impact
public and private projects.
art.1
Scope
1. The regions and autonomous provinces of Trento and Bolzano shall ensure that at-the
implementation of the environmental impact assessment procedure for projects
and b indicated in the attachments take place in compliance with the regulations laid down in
tive 85/337 / CEE in accordance with the guidelines contained in this Act. regions to
special statute and the autonomous provinces of Trento and Bolzano shall
implementation of the objectives of this Act in compliance with the provisions
by the respective statutes and its implementing regulations.
2. Within nine months from the date of publication in the Official Gazette
Italian republic of this Act guidance and coordination, regions and
the autonomous provinces of Trento and Bolzano shall provide for the con-
nuti and assessment procedures of environmental impact, or to harmonize
Zare the existing provisions with those contained in this Act.
3. the pro- are subject to an environmental impact assessment procedure
jets in the Annex to.
4. the pro- are subject to an environmental impact assessment procedure
jets in Annex b that fall, even partially, within areas
Natural protected as defined by the law 6 December 1991, n. 394.
5. For works projects or systems that fall within the natural areas pro-
tits, the size thresholds are reduced by 50%.
6. For projects listed in Annex B, which does not fall into natural areas pro-
tits, the competent authority shall, in the manner of article 10 and
on the basis of the elements listed in Annex d, if the characteristics of pro-
Jet require the conduct of the impact assessment process
environmental.
7. The regions and autonomous provinces of Trento and Bolzano can be defined,
for certain design and / or predetermined areas typologies, on the basis
of the elements listed in Annex d, an increase or decrease of the
thresholds listed in Annex b to the maximum extent of 30%.
8. Excluded from the provisions the operations disposed on an urgent basis, in accordance with
the current rules, both for the safety of the people by a
imminent danger, both as a result of disasters for which it has been declared
state of emergency under article 5 of the law 24 February 1992 n. 225.
9. The competent authority shall ensure the maintenance of a register which shows the e-
lenco of projects for which has been requested the audit referred to in paragraph 6.
10. Not covered by the regulations pursuant to this Act the works and / or
systems referred to in b attachments subjected to the procedure for assessing
environmental impact within the competence of the Ministry of Environment.
11. No object of the regulations pursuant to this Act the works and / or
facilities referred to in a and b attachments that make editing projects already sub-
toposti to the environmental impact assessment procedure under
jurisdiction of the environment ministry.
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Page 124
art.2
Purposes
1. The environmental impact assessment procedure must ensure that:
a) in the decision-making processes relating to the realization of
projects identified in the annexes to this document are considered to be the
aims to protect human health and improve quality of life
human, in order to contribute to a better environment to the quality of
life, to ensure maintenance of the variety of species and to maintain
the ecosystem as a basic resource playback capability
of life, to ensure multiple use of resources and sustainable development;
b) for each project the direct and indirect effects are assessed sul-
the man, fauna, flora, soil, on water surface and sub-
Torrance, on air, on the climate, the landscape and the interaction between said fac-
bulls, material assets and the cultural and environmental heritage;
c) in each stage of the procedure are guaranteed the exchange of information and
consultation between the proponent and the competent authority;
d) that the information and participation of citizens in the pro-
Dimento;
e) are achieved simplification, the rationalization and the coordination
Chin assessments and authorizations in environmental matters.
Art.3
Subjects of the proceedings
1. They are called developer and proponent authorities, depending on their
nature, respectively, private or public, the taxpayers who prepare the ini-
tives to be submitted to the procedure for assessing environmental impact.
2. the competent authority shall be the authority or organ that Interministerial Price Committee
see the environmental impact assessment.
Art.4
Tasks of the regions and autonomous provinces of Trento and Bolzano
1. In regulating the content and the environmental impact assessment procedure
the regions and autonomous provinces of Trento and Bolzano shall ensure that
They are identified:
a) the competent authority in matters of environmental impact assessment;
b) the competent technical body to the conduct of the investigation;
c) any powers to local authorities for specific project types;
d) any mode, in addition to those specified in this
act, for the information and consultation of the public;
e) the methods of implementation or adaptation of the maps, the instrument
Geographic Information minds and support of a study archive
environmental impact consultation by the public;
f) the criteria by which defines the provinces and municipalities affected by
project.
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2. the regions and autonomous provinces of Trento and Bolzano inform each
twelve months, the minister of environment of the action taken and the pro-
dimenti of environmental impact assessment in progress, and the definition was
of maps and information tools.
Art.5
Procedure for environmental impact assessment
1. The application containing the work project and study of environmental impact
such is transmitted to the client or by the proposer authority com-
competent.
2. When transmitting referred to in paragraph 1 the client or the in-
Authority proponent forward the complete application copy of the project and the
environmental impact study to the province and the municipalities concerned, and in the case
of natural areas protected under article 1, paragraph 4, also to the relevant bodies
management, which must give its opinion within sixty days
date of transmission. after this date, the competent authority makes the down-
dizio environmental compatibility in the next ninety days, even in
the absence of the aforementioned opinions. In respect of public works the judgment of compatible
Environmental bility must be made within the time allowed by art. 7, paragraph 5,
the law 11 February 1994 n. 109, as amended by Article 1,
paragraph 59 of the Law of 28 December 1995, n. 549.
3. Any additions to the study transmitted or the accompanying documentation
They may be required, stating a reasonable deadline for a reply,
or presented by the client or by the proponent, for once.
the competent authority shall make the environmental compatibility within ninety
days of receipt of additional documentation. In the event that the proposed
nent failing, do not proceed to the further course of the evaluation. It is faculties
the client, or of the proponent, submit a new application.
4. The regions and autonomous provinces of Trento and Bolzano may,
in cases of particular importance, the extension of the deadline for the conclusion of
procedure, up to a maximum of sixty days.
5. The regions and autonomous provinces of Trento and Bolzano define for
matters relating to environmental impact assessment, as well as aspects
planning, the procedures for the harmonization of procedures in cases where the
the project provides specific opinions, clearances, permissions and
assents, however denominated, not by different state governments.
6. The competent authorities may call, in accordance with Article 14, paragraph 2, of the
7 August 1990, n. 241, one or more service conferences. the conference
attended by representatives entitled to express definitely
Will their administrations. determinations agreed
in conference services, described in the final minutes of the conference
itself, take the place of the acts of their respective competence.
7. In matters within their competence, regions and autonomous provinces
Trento and Bolzano shall ensure that the environmental compatibility
exempts the client or the authority proponent from any other authorization
Preliminary for matters related to the same evaluation procedure
environmental impact.
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Page 126
Art.6
Environmental impact study
1. The environmental impact study was prepared at the expense of the commit-
authority or of the proponent, as shown in Annex c.
2. For projects that undergo an environmental impact assessment,
Faculty of the client or of the offeror to request the authority com-
competent initiating a preliminary stage to the definition of the infor-
tions, included in Annex C, to be provided. regions and pro-
wins autonomous Trento and Bolzano identify times and svolgi- mode
chin of the preliminary phase, ensuring that occurs in contradictory
with the client or the proposing authorities.
3. The information required shall be consistent with the can-depth
chin design necessary and closely related to the characteristics spe-
cations of a given type of project and of the components of the environment
to be affected, even in relation to location,
because of the knowledge and methods of assessment.
4. The environmental impact study must contain at least the following infor-
mation:
a) description of the project, indicating the locational parameters,
dimensional and structural, and the purposes of the same;
b) a description of the potential effects on the environment, also with reference
parameters and standards required by environmental legislation, as well as
land-use plans;
c) the review of the relationship between the proposed work and the rules
environmental matters, as well as plans for land use;
d) a description of the measures provided to eliminate or reduce the effects unfa-
vourable environment.
5. In preparing the study, the public-private entity interested
sato to the realization of the works and / or installations has the right of access to
information and data available at the offices of government.
art.7
environmental compatibility Findings
1. The environmental impact assessment procedure must end with a
reasoned judgment before the possible release of the administrative decision
tive that allows definitively the project and in any case
before work.
2. The competent authority to work final authorization, or
which provides to its realization, it acquires the judgment of compatibility
environment including any requirements for the mitigation of
impacts and monitoring of the works and / or installations. in the case of initiatives
promoted by public authorities the final decision authorizing the
realization must adequately highlight the conformity of the choices carried
cuted the outcome of the environmental impact assessment procedure. in others
cases, projects must be adapted to the results of the judgment of compatibility
environmental before authorization is given to the realization.
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Page 127
3. The results of the environmental impact assessment procedure should be
communicated to the parties to the proceedings, to all the other administrations pub-
competent bliche, including those relating to environmental controls, and must be
properly advertised.
Art.8
Advertising of
1. The regions and autonomous provinces of Trento and Bolzano provide the indivi-
duazione of facilities at which a permanent basis or for specific cases
deposited documents and all acts involved proceedings concluded, for the purposes
of public consultation.
2. Upon submission of an application under article 5, the com-
the sender or the proposing authority shall bear to the pub- measures
blicit minimum to be established by the regions and provinces of the self
name of Trento and Bolzano in accordance with the following guidelines:
a) deposit in the offices, identified pursuant to paragraph 1 of the project
work, the environmental impact study and the non-technical summary
and, in the case of the request for verification referred to article 10, a copy of what
notified the competent authority;
b) release of an announcement of a provincial or regional newspaper SE-
condo as it provided for by the circular of the Ministry of the Environment 11
August 1989 published in the Official Gazette of the Italian Republic
of 28 August 1987, n. 201, and subsequent additions.
3. The regions and autonomous provinces of Trento and Bolzano can be singled
tify more appropriate forms of advertising.
4. For small projects or limited-life made by artisans
or small businesses, as well as for the verification requirements of article 10, the
regions and autonomous provinces of Trento and Bolzano promote mode
simplified.
Art.9
Participation in the procedure
1. Whoever, taking into account the characteristics of the project and its localized
organization, intends to provide cognitive and evaluative elements concerning the possible
the same effects of the intervention may submit, in writing, authority
relevant observations on the work subject to the assessment procedure
Environmental impact in the forty-five days of the publication
tion of which article 8, paragraph 2. the environmental compatibility regarded
dera contextually, individually or for groups the views provided by the pub-
General government and public comments.
2. The competent authority in the environmental impact assessment can it disposes
King conducting a public inquiry to examine the study presented
by the client or by the proposer, the advice provided by public
administrations and comments from the public.
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Page 128
3. The investigation referred to in paragraph 2 concludes with a report on the work carried out
and a judgment on the survey results, which are acquired and evaluated for the purpose of down-
dizio under article 7.
4. The client, or the proposing authorities where the investigation does not take place
referred to in paragraph 2, may, at its own request, to be called before
completion of the procedure, to a synthetic contradictory with sog-
jets which submitted opinions or observations. the minutes of the adversarial
It is acquired and evaluated for the assessment under Article 7.
5. When the client or the proposing authorities intended to bring consistency, in whole or
in part, the project to the opinions or comments, or to issues uncovered during
investigation public or adversarial, requesting it to the authorities com-
competent authority, indicating the time required. the request interrupts the end of
procedure that takes its course with the filing of the amended project.
Art.10
Verification procedure
1. For projects under article 1, paragraph 6, the contractor, or the authority proposed
nent, requires verification referred to in the same paragraph. the information the
customer or the proposing authority must provide to the aforementioned verification
relate to a project description and the data required to identify and
assess the main effects which the project may have on the environment.
2. The competent authority shall take a decision within the next sixty days on the
the basis of the elements set out in Annex d, identifying any requirements
for the mitigation of impacts and monitoring of works and / or installations.
spent that period, in respect of failure of the competent authority, the
project is understood to be excluded from the procedure. regions and autonomous provinces
Trento and Bolzano shall ensure that for the list which have been
requested verification and the results thereof are made public.
3. The projects referred to in paragraph 1, the regions and the autonomous provinces of Trento and
SOUTH can determine, for specific project categories and / or
particular environmental and territorial situations, on the basis of the elements of which
Annex d, criteria and / or exclusion of the proceedings.
4. If the competent authority considers that the project should be sub-
toposto to environmental impact assessment, Articles 5 and
following hereof.
Art.11
Procedures for projects with interregional environmental impact
1. The regions and autonomous provinces of Trento and Bolzano ensure defi-
definition of the modalities of participation in the procedure of evaluation Im-
environmental impact neighboring regions in the case of projects that can
also have significant impacts on their territory or to projects located
territory of more regions.
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Page 129
Art.12
Procedures for projects with transboundary environmental impacts
1. For projects likely to have significant impacts on the environment in
other state regions and autonomous provinces of Trento and Bolzano inform
Environment Minister for the fulfillment of obligations under conventions
tion on Environmental Impact Assessment in a cross-border context
-border, done at espoo February 25, 1991, ratified by the law November 3
1994, no. 640.
This Decree shall be published in the Official Gazette
Italian.
ANNEX A
LIST OF THE TYPES OF PROJECT IN ART. 1, PARAGRAPH
a) Recovery of soils from the sea for an area that exceeds 200 ha.
b) Use of non-energy surface water in cases where the derivation
exceed 1,000 liters per minute and second of groundwater including
mineral and thermal waters, in cases where the derivation exceed 100 liters per
second.
c) Manufacture of pulp from timber or other fibrous materials
with a production capacity exceeding 100 tonnes per day.
d) Treatment of intermediate products and manufacture of chemicals, for
a capacity exceeding 35,000 t / year of raw materials processed.
e) Production of pesticides, pharmaceuticals paints and varnishes, elastomers and
peroxides, for capacity production facilities exceeding 35,000 t / year
of raw materials processed.
f) Storage of petroleum, petroleum products, petrochemicals and hazardous chemicals,
in accordance with Law 29 May 1974, n. 256, and subsequent modifications, with
overall capacity of more than 40,000 cubic meters (1).
g) Installations for the tanning of leather and hide if the capacity exceeds
12 tons of finished product per day.
h) Marinas and pleasure when the body of water is over 10 or has
the external interested areas exceeding 5 ha, or the piers are of length
more than 500 meters.
i) Installations for the disposal and recovery of hazardous waste through the operations
Annex B and Annex C, letters R1 to R9 of the legislative decree
February 5, 1997, n. 22, to the exclusion of recovery installations subject to
simplified procedures provided for in Articles 31 and 33 of that decree regu-
slativo n. 22 of 1997 (1).
l) Installations for the disposal and recovery of non-hazardous waste with a capacity
greater than 100 t / day, by means of increment operations or treatment
Annex B points D2 and D8 to D11, and Annex C, points R1 to
R9, of Legislative Decree February 5, 1997, n. 22, to the exclusion of the installations
Recovery subject to the simplified procedures provided for in Articles 31 and 33 of
that legislative decree. 22 of 1997 (1).
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Page 130
m) non-hazardous waste disposal installations for the operations of
grouping or preliminary reconditioning and preliminary deposit
capacity exceeding 200 t / day (the operations in Annex B of the Decree
Legislative February 5, 1997, n. 22, points D13, D14) (1).
n) Dumps of non-hazardous municipal waste with a total capacity exceed
riore to 100,000 cubic meters (the operations in Annex B, D1 and D5 of the decree letters
Legislative n. 22 of 1997); landfills for non-hazardous waste (opera-
tions listed in Annex B, D1 and D5 letters of Legislative Decree n. 22
1997), excluding landfills for inert with overall capacity until
to 100,000 cubic meters (1).
o) for the disposal of non-hazardous waste facilities by means of operations of
preliminary deposit with greater than 150,000 cubic meters capacity or with capa-
the towns of more than 200 t / day (operations listed in Annex B, letter D15, the
Legislative Decree 5 February 1997, n. 22) (1).
p) water purification plants with power equal to 100,000
population equivalent.
q) Cave and bog with more than 500,000 cubic meters / a of the extracted material or area
It has affected more than 20.
r) Dams and other installations designed to hold, adjust or accumulate the waters
in a durable manner, for the purposes of non-energy, of a height greater than 10 m and / or
capacity exceeding 100,000 m 3.
s) of solid mineral cultivation activities (2).
t) cultivation activities of hydrocarbons and the geothermal resources on Ter-
raferma (2).
u) external aircraft power lines for the transport of electrical energy with voltage
exceeding 100 kV with nominal path of length greater than 10 km (2).
v) Installations for the disposal of waste by means of injection operations in profound
fingers, surface impoundment, discharge of solid waste into the aquatic environment, including the seppel-
limento under the seabed, permanent storage (operations referred all'alle-
Annex B, D3, D4 letters, D6, D7 and D12, of Legislative Decree n. 22 of 1997) (2).
z) of combustible gases in underground storage tanks with a capacity com-
Plessiva more than 80,000 cubic meters (2).
ANNEX B
LIST OF THE TYPES OF PROJECT IN ART. 1, PARAGRAPH 4
1. Agriculture:
a) change of use of non-cultivated areas, semi-natural or natural for the
their agrarian intensive cultivation with an upper surface 10 has;
b) initial forestation with an upper surface 20 has; deforestation
tion for the purpose of conversion of other uses of the soil of a surface exceed
riore 5 ha;
c) installations for the intensive rearing of poultry or pigs with more than:
40,000 places for poultry, 2,000 places for production pigs (over 30 kg)
750, sows places;
d) irrigation projects for an area exceeding 300 ha;
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Page 131
e) total surface pisciculture over 5 ha;
f) land consolidation projects covering an area exceed
riore to 200 ha.
2. Energy and Mining Industry (1):
in thermal plants for the production of steam and hot water with power
greater than 50 MW overall thermal;
b) research of solid minerals and geothermal resources including
related mining activities (2);
c) non-thermal industrial plants for the production of energy, steam and
hot water (2);
d) industrial installations for the transport of gas, steam and hot water
feed pipelines with a total length exceeding 20 km
(2);
e) industrial plants for the production of energy through the exploitation
chin of the wind (2);
f) installation of oil and gas pipelines with the total length exceed
riore 20 km (2).
g) Research activities of oil and gas on land (3).
3. Metal Fabrication
a) ore roasting or sintering metallic minerals
exceed 5,000 m (Tall to Square) of 50,000 or engaged surface
m (Tall to Cube) divolume;
b) plants producing pig iron or steel (primary or secondary fusion)
including continuous casting, with a capacity exceeding 2.5 tons
then;
c) installations for the processing of ferrous metals:-rolled
Hot nation with a capacity exceeding 20 tonnes of crude steel
then; Forged with hammers the impact energy exceeds 50 KJ for
hammer, where the heating capacity is greater than 20 MW; application
of molten metal protective layers with a treatment capacity exceed
riore 2 tonnes of crude steel per hour;
d) ferrous metal foundries with a production capacity exceeding 20
tonnes per day;
e) facilities for the production of non-ferrous crude metals from ore,
concentrates or secondary raw materials through procedures
metallurgical, chemical or electrolytic processes;
f) Melting and plants alloy of non-ferrous metals, including the products
recovery (refining, foundry casting, etc.) with a melting capacity
over 10 tonnes for lead and cadmium or 50 tons per
all other metals per day;
g) installations for the surface treatment of metals and plastics
using an electrolytic or chemical process where the tanks intended for
treatment have a volume of more than 30 m (Tall to Cube);
h) construction equipment and assembly of cars and vehicles and construction
the corresponding motor; systems for the construction and repair of aeromo-
bili; Construction of railway equipment and rolling stock in excess of 10,000
m (Tall to Square) of the surface engaged or 50,000 m (Tall to
Cube) of volume;
i) the shipyards of total surface area greater than 2 ha;
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Page 132
l) Cross drawing with explosives that exceed 5,000 m (High to forty
hydrochloride) of engaged surface or 50,000 m (Tall to Cube) volume.
4. Food industry:
a) installations for the treatment and processing of raw materials animals
(Other than milk) with a production capacity of finished products by more than
75 tons per day;
b) installations for the treatment and processing of vegetable raw materials
with a production of finished products of more than 300 tonnes per day of
a quarterly basis;
c) installations for the manufacture of dairy products with a capacity of
processing more than 200 tons per day on an annual basis;
d) installations for the production of beer or malt with a production capacity
more than 500,000 hl / year;
e) facilities for the manufacture of confectionery products and syrups that exceed 50,000
m (Tall to Cube) of volume;
f) slaughterhouses with a carcass production capacity greater than 50 metric
tons per day, and installations for the disposal or recycling of animal carcasses and
animal waste with a treatment capacity exceeding 10 tons
per day;
g) facilities for the production of fish meal or fish oil with capa-
processing the towns exceeding 50,000 q / year of processed product;
h) milling of cereals, starch products industry, the industry pro-
foodstuffs for livestock exceeding 5,000 m (squared)
of engaged surface or 50,000 m (Tall to Cube) of volume;
i) sugar refineries, plants for the production of yeast with the ability produc-
tion or refining of more than 10,000 t / d of beets.
5. Textile, leather, wood paper.
a) manufacturing installations of fiber board, particle board and com-
designed, higher capacity to 50,000 t / year of processed materials;
b) equipment for the production and processing of cellulose, manufacture of
paper and cardboard capacity exceeding 50 tonnes per day;
c) installations for the pretreatment (operations such as washing, imbianchi-
chin, mercerization) or dyeing of fibers, textile, wool whose
treatment capacity exceeds 10 tonnes per day;
d) installations for the tanning of leather and hide if the capacity exceeds
5 tonnes of finished product per day.
6. Manufacture of rubber and plastics.
a) the manufacture and treatment of elastomer-based products with at least
25,000 tons / year of raw materials processed.
7. Infrastructure projects.
a) industrial or productive zones with an area of development projects
has affected more than 40 (4);
b) of urban development projects, new or increasing, interesting
areas larger than 40 ha; urban development projects within
existing urban areas that affect the upper surfaces 10 has;
c) mechanical ski lifts, ski lifts and excluding the monocable in liaison
chin permanent having inclined length not exceeding 500 meters,
with a maximum hourly capacity of more than 1,800 people;
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Page 133
d) derivation of surface waters and related works are caused that foresee
vations more than 200 liters per second or groundwater that
derivations provide greater than 50 liters per minute according to (4);
e) interports;
f) lake and river ports, waterways;
g) secondary rural roads;
h) construction of alternative roads in urban areas or reinforcement of
existing in four or more lanes with a length, in the urban area, upper
to 1,500 meters and i) railway lines at regional or local;
l) in guided transport systems (tramways and subways), funico-
lari or similar lines of a similar nature, solely or principally ADI-
bite the transport of passengers;
m) aqueducts with a length greater than 20 km;
n) coastal work to combat erosion and maritime works capable of
altering the coast through the construction of dams, piers and other works
of sea defense;
o) adjustment works of the course of rivers and streams, and channeling
remediation and other similar destined to affect the regime of
waters, including those of extraction of stone materials by the state Fluvial
boulevard and lacuale;
p) airports;
q) marinas and pleasure with parameters lower than those indicated in the let-
tera h) of Annex A and progettid'intervento of existing ports;
r) plants for disposal of non-hazardous municipal waste by opera-
tions incineration or treatment with a total capacity exceed
riore to 10 t / day (the operations in Annex B points D2, D8, D9, D10
and D11, of Legislative Decree February 5, 1997, n. 22); waste disposal plants
chin of non-hazardous waste by grouping operations or
preliminary reconditioning with maximum capacity overall
more than 20 t / day (the operations in Annex B, letters and D13
D14 of Decree n. 22 of 1997) (5);
s) disposal facilities for non-hazardous waste with a capacity
overall more than 10 t / day, by means of incineration operations
chin or treatment (operations listed in Annex B, points D2 and
D8 to D11 of the Legislative Decree n. 22 of 1997) (5);
t) plants for disposal of non-hazardous waste by opera-
tions preliminary storage with a maximum capacity above 30,000
mc or with a capacity exceeding 40 t / day (operations referred all'al-
Annex B, point D15 of the Legislative Decree of 5 February 1997 n. 22) (5);
u) landfills of non-hazardous municipal waste with a total capacity infe-
riore to 100,000 cubic meters (the operations in Annex B, D1 and D5 letters, the
Decree n. 22, 1997, n. 22) (5);
v) wastewater treatment plants with a capacity exceeding 10,000
equivalent inhabitants;
z) external overhead electrical power lines for the transport of electrical energy with voltage
Nominal exceeding 100 kV and with track longer than 3 km (6).
8. Other projects.
a) campsites and holiday villages in area of more than 5 ha, tourist centers
residential and hotel exercises with over 300 berths or volume Edificio
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Page 134
cate greater than 25,000 m (Tall to Cube), or that occupy a surface
more than 20 ha, other than those falling within towns;
b) permanent tracks for racing and car tests, motorcycles and other
motor vehicles;
c) collection centers, storage and disposal of scrap metal, autovei-
coli and the like with the upper surface 1 ha; d) Test benches for engines,
turbines, reactors engaged when the area exceeds 500 m (Tall to forty
hydrochloride);
e) manufacture of artificial mineral fibers which exceed 5,000 m (Tall to
Square) of the surface engaged or 50,000 m (Tall to Cube) of
volume;
f) manufacture, packing, loading or placing in cartridges of explosives
with at least 25,000 tons / year of processed raw materials;
g) storage of oil, oil products, petrochemicals and chemicals hazardous
losi, in accordance with Law 29 May 1974, n. 256, and subsequent amendments
tions, with a total capacity exceeding 1,000 cubic meters (7);
h) recovery of soils from the sea to a surface that exceed 10 ha;
i) plants for the production of clinker (cement) in rotary kilns
production capacity exceeding 500 tonnes per day or lime
in rotary kilns with a production capacity exceeding 50 tonnes per day,
or in other types of furnaces with a production capacity of over 50 tons
per day;
l) quarries and peat bogs;
m) installations for the manufacture of glass including those intended for the produc-
tion of glass fibers, with a melting capacity of over 10,000 tons
year;
n) treatment of intermediate products and manufacture of chemicals, for
a capacity exceeding 10,000 t / year of processed raw materials;
o) production of pesticides, pharmaceuticals, paints and coatings, elastomeric
meri and peroxides, for production plants of capacity exceeding
10,000 t / year of raw materials processed.
p) projects listed in Annex A which serve exclusively or essentially
mind for the development and testing of new methods or products and not
are used for more than two years (8).
ANNEX C
INFORMATION REFERRED TO IN ART. 6, PARAGRAPH 2
1. Description of the project including in particular:
a description of the physical characteristics of the whole project and
requirements of land use during the phases of construction and functioning
chin; a description of the main characteristics of the production processes,
with an indication of the nature and quantity of the materials used;
the description of the chosen technique, with reference to the best techniques
available at no excessive costs, and other techniques for preventing planned
emissions from plants and to reduce the use of natural resources, comparing
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Page 135
Tando the chosen techniques with the best available techniques; an evaluation
tion of the type and quantity of waste and the applicable emission (pollution
Chin water, air and soil pollution, noise, vibration, light, heat, radiation
tions, etc.) resulting from the charge of the project; relations between the pro-
jet and the programming tools and force planning.
2. Illustration of the main possible alternative solutions, with an indication
of the main reasons of the choice made by the client taking into account DEL-
the impact on the environment.
3. Analysis of environmental quality with reference to components dell'am-
potentially subject to an environment significantly affected by the project pro-
place, with particular reference to the population, fauna and flora,
soil, water, air, climatic factors, material assets, including the patri-
monio architectural and archaeological heritage, landscape and the interaction between these
factors.
4. Description of the likely significant effects, positive and negative, of the project
proposed on the environment: the existence of the project; due all'utilizza-
tion of natural resources; the emission of pollutants, the creation of
harmful substances and waste disposal; and the description by the com-
Sender of the forecasting methods used to assess the environmental effects
5. A description of the measures envisaged to prevent, reduce and, if possible
remedy significant adverse effects on the environment.
6. A non-technical summary of the information provided under the points
previous.
7. An indication of any difficulties (technical deficiencies or lack of cono-
how) encountered by the developer in compiling the required information.
ANNEX D
VERIFICATION OF ELEMENTS OF ART. 1, PARAGRAPHS 6 AND 7
1. Features.
The design features must be taken into account in par-
particular in relation to the following factors: size of the project (surfaces,
volumes, potential) (1);
utilization of natural resources;
production of waste;
pollution and nuisances;
risk of accidents;
impact on natural and historical heritage, taking account of the intended
of the areas that can be damaged (in particular tourist areas,
urban or agricultural).
2. Location of the project.
The environmental sensitivity of geographical areas that may be damaged
taged by the project, it should be considered, taking into account in par-
ticular of the following elements: the quality and regenerative capacity of
natural resources of the area; the load capacity of the natural environment, with
particular attention to the following areas:
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Page 136
a) coastal areas;
b) mountain and forest areas;
c) areas in which the environmental quality standards of the com- legislation
nitaria have already exceeded;
d) areas of high population density;
e) important landscapes from a historical point of view, cultural and archaeological heritage;
f) state-owned areas of rivers, streams, lakes and public waters;
g) effects work on nearby protected areas.
136
(1) Paragraph replaced by art. Prime Ministerial Decree of 4 September 3, 1999.
(2) addition Letter art. 2 of the Prime Ministerial Decree of September 3, 1999
(1) as amended by art point. 2 of the Prime Ministerial Decree of 3 September 1999.
(2) addition Letter art. 2 of the Prime Ministerial Decree of 3 September 1999.
(3) addition Letter art. 1, Prime Ministerial Decree of 1 September 2000, which came into force from the date of its
publication in the Official Gazette, in accordance with art. 2 thereof.
(4) Paragraph amended by art. Prime Ministerial Decree of 4 September 3, 1999.
(5) Paragraph replaced by art. 3 of the Prime Ministerial Decree of 3 September 1999.
(6) addition Letter art. 2 of the Prime Ministerial Decree of 3 September 1999.
(7) Paragraph amended by art. Prime Ministerial Decree of 4 September 3, 1999.
(8) adding Letter art. 2 of the Prime Ministerial Decree of 3 September 1999.
Page 137
ORDINARY LAW OF THE PARLIAMENT OF N 640 11/03/1994
Official Gazette SO N 273 of 22/11/1994
Ratification and implementation of the Convention on Environmental Impact Assessment
Environmental in a cross-border context, with annexes, done at Espoo 25
February 1991.
TEXT
art.1
1. The President of the Republic is authorized to ratify the Convention on
Environmental Impact Assessment in a Transboundary Context, with
annexes, signed in Espoo February 25, 1991.
art.2
1. Full and complete execution is given to the agreement referred to in Article 1 to
Upon its entry into force in accordance with the requirements down in
Article 18 of the Convention.
Art.3
1. This Act shall enter into force on the day following that of its pub-
UNOFFICIAL TRANSLATION
CONVENTION ON ENVIRONMENTAL IMPACT ASSESSMENT IN A CON-
CROSS-BORDER TEXT
Member States to this Convention.
Aware of the mutual impacts of economic activities and their
consequences on the environment.
Reiterating the need to ensure a rational development from the standpoint of
Ecological and durable.
Determined to strengthen international cooperation in the field assessed
environmental impact tation especially in a, cross-border context,
Conscious of the need and the importance of developing a policy of
anticipatory nature and to prevent, mitigate and control any -
significant adverse impact on the environment in general, especially in
a cross-border context;
Recalling the relevant provisions of the Charter of the United Nations,
Statement by the United Nations Conference on the environment (Conference
Stockholm), the Final Act of the Conference on Security and Cooperation
in Europe (CSCE) and the closure documents of the Madrid and Vienna Meetings
the delegates of the States that participated in the CSCE,
Noting with satisfaction the measures that States are adopting
so that the environmental impact assessment is practiced in implementation
their laws and administrative regulations and their national policy
Aware of the need to specifically consider the environmental factors
which are the basis of the decision-making process proceeding to an assessment
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Page 138
environmental impact to all necessary administrative levels, both as instrument
Chin necessary to improve the quality of the data provided to the responsible con-
feeling them thereby to make rational decisions from the point of view DEL-
the environment and limiting as far as possible have a significant detrimental impact impor-
many of the activities, 'especially - in a Transboundary Context,
Bearing in mind the efforts made by international organizations to
promote the practice of environmental impact assessment at both
nationally and internationally, taking into account work done in this pro-
posito under the auspices of the Economic Commission of the United Nations
Europe, in particular the results of the seminar on the evaluation IMPORTER
environmental impact (September 1987, Warsaw (Poland) et taking note of
Purposes and Principles of the environmental impact assessment adopted by the Council
of Directors of the United Nations Environment Program, and
Ministerial Declaration on sustainable development (May 1990 Bergen,
Norway),
They have agreed as follows:
First Article.
DEFINITIONS.
For the purposes of the present Convention:
i) "Parties" means, unless otherwise stated, the Parties
Parties to this Convention,
ii) "Party of origin" means the Party (or Parties) Contracting (i)
to this Convention under whose jurisdiction should take place
the planned activity,
iii) the term "affected Party" means the Party or - Contracting Parties
of this Convention in which (or in which) the planned activity
It could have an impact across borders;
iv) the "interested parties" means the Party of origin and Part col-
pita that proceed to an environmental impact assessment
implementation of this Convention;
v) the "planned activities" means each activity or project
aimed at significantly change activity and for the execution of which is
request a decision of the competent authority according to each pro-
tough applicable national;
vi) The "environmental impact assessment" means a procedure
tough national aimed at assessing the likely impact on the environment
of a proposed activity;
vii) The "impact" shall mean any environmental impact of an activity
planned, - in particular on health and safety, flora, fauna,
soil, air, water, climate, landscape and historical monuments or
other constructions, or the interaction among these factors; also it indicates'
effects on cultural heritage or socio-economic conditions
that result from changes to these factors;
viii) The expression "transboundary impact" means any impact, not
only an impact of global nature, within the limits
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Page 139
an area under the jurisdiction of a Party, by an atti-
planned activity the physical origin of which is situated wholly or partly in the area
dependent on the jurisdiction of another Party;
ix) The expression "competent authority" means the authority (or authorities
national) designated (e) by a Party to carry out the functions referred
herein and / or- the authority (or authorities) enabled (s)
by a Party to exercise decision-making powers concerning activity
expected;
x) the "public" means one or more natural or legal persons.
Article 2
GENERAL PROVISIONS.
1. The Parties shall individually or jointly, all appropriate and effi-
cient to prevent, abate and combat transboundary impacts prejudice
zievole important - the environment that could result from the planned activities:
Each Party shall take appropriate legal, administrative or other, neces-
sari to implement the provisions of this Convention, including, for
Regarding the planned activities which appear on the list contained nell'Appen-
I said that may have an adverse impact on cross-border import
many the establishment of an environmental impact assessment procedure
for participation of the public and the opening of files of assessed
environmental impact tation set out in Appendix II.
3. The Party of origin shall ensure that in accordance with the provisions of the pre-
present Convention shall give rise to an environmental impact assessment
before taking the decision to authorize or undertake an activity pre-
view appearing on the list in Appendix I that is likely to have a
important cross-border detrimental impact.
4. The Party of origin shall, in accordance with the provisions of this
Convention to each proposed activity appearing on the list contained
Appendix I, which may have a cross-border impact prejudicial
vole important is communicated to the affected parties.
5. The Parties concerned at the initiative of any of them, they start a debate
to see if one or more of the proposed activities not listed in the list con-
held at 'Appendix I can have a detrimental impact cross-
-border important and should be treated as if they were recorded on
that list. If the Parties the opportunity to proceed in this way,
the activity or activities wrath matter will be dealt with in this way. Appendix III
It contains general guidelines concerning the applicable criteria for determining whether
a proposed activity may have a significant adverse impact.
6. In accordance with the provisions of this Convention, the nal Part
gine offers the public of the areas likely to be affected can
participate in relevant procedures of environmental impact assessment
the proposed activities, and ensure that the possibilities offered to the public of
the affected Party are equivalent to those offered to its audience.
7. They are carried out, at least during the design phase of the planned activity, the assessed
tations environmental impact imposed by this Convention. In
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Page 140
extent required, the Parties shall endeavor to apply the principles of the assessment DEL-
the environmental impact in the plans policies and programs.
8. The provisions of this Convention shall not affect the right of
Parties to apply national laws, regulations, provisions
administrative or allowed legal practice aimed at protecting the information the
disclosure of which could be detrimental to the trade secrets and com-
mercial or national security.
9. The provisions of this Convention shall not affect the right to CIA-
Scuna Party to apply, in accordance with a bilateral or multilateral agreement, if
case, more stringent measures than those foreseen in the present Convention.
10. The provisions of this Convention shall not affect the obligations
which may fall to the Parties under international law as
concerns activities that have or are likely to have an impact cross-
-border.
Article 3
NOTIFICATION.
1. If a proposed activity registered on the list set out in Appendix I is suscet-
ible to have a significant adverse transboundary impact, the Party
of origin with a view to carry out sufficient consultations and effective as pre-
seen by Article 5, shall notify any Party which could in his view
It is affected as soon as possible and at the latest when that Party gives
public notice of such activities.
2. The notification shall include in particular:
a) information on the proposed activity including any information avail-
bile on its possible transboundary impact;
b) information on the nature of the decision which may be taken;
c) an indication of a reasonable deadline for the provision of a
response under paragraph 3 of this Article, considering
the nature of the proposed activity. This may include the infor-
tions referred to in paragraph 5 of this Article.
3. The affected Party shall respond to the Party of origin within the time specified in
notification to acknowledge receipt of it and whether it intends to partici-
pate in the environmental impact assessment procedure.
4. If the affected Party does know that is not going to participate in the pro-
environmental impact assessment procedure, or if you do not respond within the
period specified in the notification, the provisions of paragraphs 5, 6, 7 and 8 of the pre-
hears Article and those of Articles 4 to 7 will not apply. In this case, not
It affects the right of the Party of origin to determine whether it must pro-
yielding to an environmental impact assessment according to its legislation
and its national practice.
5. Upon receipt of the response of the affected Party indicating its intent to partici-
pate in the environmental impact assessment procedure, the Party of origin
It shall notify the affected Party, if it has not already done so:
a) relevant information regarding the impact assessment procedure
environment with a schedule for the transmittal of comments;
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Page 141
b) relevant information on the proposed activity and on transboundary
detrimental important that might have.
6. The affected Party shall notify the Party of origin, at its request,
Such information as may reasonably be obtained on
the environment subject to its jurisdiction and capable of being affected, forty
lora this information is necessary to make up the dossier evaluation
ronmental impact.
The information is communicated quickly and, if appropriate, by a
joint body where one exists.
7. If a Party considers that a proposed activity set out in the list contained
Appendix I would s that Party transboundary impacts prejudicial
vole important and where they have not been given notification on implementation of
provisions of paragraph 1 of this Article, the Parties concerned scam-
bian at the request of the affected Party, sufficient information in order to begin
a debate on the question whether a cross-border detrimental impact
important is likely. If those Parties agree in recognizing that a
significant adverse transboundary impact is likely, apply
the provisions of this Convention. If these parts can not be achieved
reach an agreement on the question whether transboundary impacts preliminary
important dizievole is likely, they may, one or the other, subjecting the
matter to a Commission of Inquiry in accordance with the provisions
of 'Appendix IV to enable it pronounce an opinion on the possibility
a significant adverse transboundary impact, unless
Company mutually agree to appeal to another method to solve the
question.
8. The Parties concerned shall ensure that the population of the affected Party, in
areas likely to be affected, is informed of the proposed activity and has
the opportunity to make comments or objections were received and that these
observations - or objections to be transmitted to the competent authority of the Party
of origin, either directly. or, where appropriate, through the Party of origin.
Article 4
1. The documentation on environmental impact assessment to be submitted
the competent authority of the Party of origin must contain at least the infor-
mation set out in Appendix II.
2. The Party of origin shall notify the affected Party through, as appropriate, a
Joint body where one exists, documentation on the evaluation IMPORTER
environmental impact. The Parties concerned shall arrange for
documentation is distributed to the authorities and the public of the affected Party
in the areas likely to be affected and that the observations made
They are transmitted to the competent authority of the Party of origin, either directly
mind, it is, if appropriate, through the Party of origin, within a reasonable period
vole before a final decision is taken with regard to 'pro-activity
mail.
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Article 5
CONSULTATIONS BASED ON THE DOCUMENTATION
ENVIRONMENTAL IMPACT ASSESSMENT
After gathering the documentation on the environmental impact assessment
such, the Party of origin starts without undue delay enter into consultation with the
Party affected, especially concerning cross-border impact
the planned activity could have and measures enabling to reduce
This impact or eliminate it. The consultations may bring:
a) possible alternatives to the replacement including a "zero option"
and on measures that could be taken to mitigate any
significant adverse transboundary impact and procedure
that could be followed to monitor the effects of such
measures at the expense of the Party of origin;
b) other forms of mutual assistance that may be taken into con-
sideration to mitigate any adverse transboundary impact
important activity than expected;
c) any other relevant matter relating to the proposed activity.
The Parties shall establish by mutual agreement, at the beginning of the consultations a
reasonable period of time to carry out consultations, which
They may be carried out within the framework of a common organ appropriate forty
lora exists.
Article 6
FINAL DECISION
1. The Parties shall ensure that when making a final decision sull'at-
tivity expected, are duly taken into account the results of the evaluated
tation of the environmental impact, including documentation on evaluation
ronmental impact and the comments received on in accordance
Mita with paragraph 8 of Article 3 and paragraph 2 of Article 4, as
well as the outcome of the consultations referred to in Article 5.
2. The Party of origin shall notify the affected Party the final decision adopted
nanny about the proposed activity along with the reasons and considerations on which
it is based.
3. If additional information on transboundary impacts important
many activities planned that were not known in the comment when a decision
sion has been taken on this activity and that might have affected considerably
mind about this decision, should come to the knowledge of an Interested Party
before commencement of the works related to this work the Party concerned do
immediately inform the other party (or other parties) interested (e). If
one of the Parties so requests, consultations shall be held to deter-
undermining whether the decision should be reviewed.
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Article 7
POST-PROJECT ANALYSIS
1. The parties concerned will determine at the request of any one of them if
It must be carried out post-project analysis, and if affirmative
tive, which should be the scope, given the impact cross-
detrimental-border important that the activity that was the subject of a
environmental impact assessment in accordance with this Conven-
tion may have. Each subsequent analysis of the project shall include, in par-
colar way the monitoring of the activity and the determination of each impact
cross-border injurious These functions can be carried out in view of
achieve the objectives listed in Appendix V.
2. If, for the subsequent analysis results to the project, the Party of origin or
affected Party has reasonable grounds to believe that the planned activity has a
significant adverse transboundary impact or if the outcome of that analysis
has revealed elements that could give rise to such effects, it shall inform
immediately the other Party. The Parties concerned undertake in this case
consultations on measures to lessen that impact or Elisabetta and
undermine it.
Article 8
MULTILATERAL AND BILATERAL COOPERATION.
The Parties may continue to apply - bilateral or multilateral agreements or
other arrangements in force or to conclude other to fulfill their obligations
obligations under this Convention. These agreements or other arrangements
They can be based on the core elements set out in 'Appendix VI.
Article 9
RESEARCH PROGRAMS.
The Parties shall in particular manner the creation or intensification of
specific research programs aimed at:
a) improve methods - qualitative and quantitative assessment of the impacts
of the planned activities;
b) allow a better understanding of cause and effect relationships and
their role in integrated environmental management;
c) Analyzing and monitoring the proper implementation of the decisions adopted
on proposed activities with the intention of minimizing or preventing impacts;
d) Developing methods to stimulate creative approaches in the search for alternatives
substitution and patterns of production and consumption by a rational
an ecological point of view;
e) Developing methodologies for the implementation of accounting principles DEL-
the environmental impact at the macro-economic level.
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The results of the programs listed above will be subject to an exchange between
parts.
Article 10
STATUTE OF APPENDICES
The Appendices attached to this Convention are an integral part of
Convention.
Article 11
MEETING OF THE PARTIES
1. The Parties shall meet as much as possible during the annual sessions
Counselors of the ECE Governments to environmental problems and DEL-
the acqua.- The first meeting of the Parties shall be convened no later than one year after the
date of entry into force of this Convention.
Then they shall meet At all other times as may
feel it necessary in one of their meetings or if one of them will face
demand in writing, subject to such application is supported by
at least one third of the Parties within six months from its communication to these parts
by the Secretariat.
2. The parties constantly follow the implementation of this Convention, and,
having this goal in mind:
a) review their policies and their initiatives in methodological
the environmental impact assessment with a view to further improving
mind the environmental impact assessment procedures in a context
cross-border;
b) communicate to each other the information obtained from the conclusion
and implementation of bilateral and multilateral agreements or other arrangements relating
tive environmental impact assessment in a cross-border context
-border, of which one or more of them are parts;
c) call where appropriate, the services of the scientific committees and agencies
International competent with regard to methodological and technical issues
relevant to achieving the objectives of this Convention;
d) at their first meeting, consider and by consensus adopt regulations
Chin interior of their meetings;
e) review and where relevant adopt proposed amendments to the pre-
feels Convention;
f) Take into consideration and undertake any other action that
It may be required for the ended of this Convention.
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Page 145
Article 12
RIGHT TO VOTE
1. The Parties to this Convention shall have one vote.
2. Except as provided in paragraph 1 of this Article the organization
tions of regional economic integration in areas of their competence,
They have to exercise their right to vote with a number of votes equal to the
number of their member States that are Parties to this Convention.
These organizations shall not exercise their right to vote if their Member
States exercise theirs and vice versa.
Article 13
SECRETARIAT
The Executive Secretary of the Economic Commission for Europe shall carry out
following secretariat functions:
a) convene and prepare meetings of the Parties;
b) transmit to the Parties reports and other information received in implementation
the provisions of this Convention;
c) to perform such other functions as may be provided in the present Con-
vention or that the parties may assign.
Article 14
AMENDMENTS TO THE CONVENTION.
1. Any Party may propose amendments to this Convention.
2. Proposed amendments shall be submitted in writing to the Secretariat
that communicates to all .the Parties. They are reviewed by the Parties at the meeting
later provided the Secretariat have been circulated to the Parties with a
advance at least ninety days.
3. The Parties shall make every effort to reach an agreement to con-
sense with regard to any proposal - an amendment to this Conven-
tion. If all efforts at consensus have proved fruitless and it is not derived any
agreement, the amendment was adopted in the end with a vote May-
ance of three fourths of the Parties present and voting at the meeting.
4. Amendments to this Convention adopted in accordance with the
paragraph 3 of this Article shall be submitted by the Depositary to all
Parties for ratification, approval or acceptance. They shall enter into force
for the Parties which have ratified approved or accepted the novante-
mum day after receipt by the Depositary of notification of their ratification,
approval or acceptance by at least three fourths of these Parties. In
Later they will come into force for any other Party on novante-
mum day after the deposit of that Party of its instrument of ratification,
approval or acceptance of the amendments.
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5. For the purposes of this Article, the expression. "Parties present and voting" means
Parties present at the meeting who expressed an affirmative or negative vote.
6. Do not be deemed that the voting procedure outlined in paragraph 3 of this
Item set a precedent for agreements to be negotiated avve-
ne as part of the Economic Commission for Europe.
Article 15
SETTLEMENT OF DISPUTES.
1. If a dispute arises between two or more Parties regarding the intepre-
interpretation or application of this Convention, they shall seek
a solution by negotiation or by any other method of counter- solution
versie which they consider acceptable.
2. When signing, ratifying, accepting, approving the present Convention or Accession
rirvi, or at any time thereafter, a Party may provide written notice
to the Depositary that for a dispute not resolved in accordance with the
the paragraph of this Article, it agrees to consider as obligatory
tory one of the following methods of solution, or both, in its relations
by any Party accepting the same obligation:
a) submission of the dispute to the International Court of Justice;
b) arbitration in accordance with the procedure specified in Appendix VII.
3. If the parties to the dispute have accepted both means of regulations
chin of disputes referred to in paragraph 2 of this Article, the counter-
Versia may be submitted to the International Court of Justice unless
the Parties agree otherwise.
Article 16
SIGNATURE.
This Convention is open for signature by States members of the Commission
sion Economic Commission for Europe as well as States having consultative status
Economic Commission for Europe, pursuant to paragraph 8 of
Resolution 36 (IV) of the Economic and Social Council of 28 March 1947, and
regional economic integration organizations constituted by States
rulers of the Economic Commission for Europe who delegate
gato their competence for matters covered by this Convention
including the competence to conclude treaties on these matters, in Espoo (Fin-
landia) from 25 February to 1 March 1991, and subsequently at the seat of
the organization of the United Nations in New York until 2 September 1991.
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Page 147
Article 17
RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION.
1. The present Convention is subject to ratification, acceptance or all'ap-
approval by signatory States and economic integration organizations
Mica signatory regional.
2. This Convention shall be open for accession by the States and Organi-
set out in Article 16 with effect from 3 September 1991.
3. The instruments of ratification, acceptance, approval or accession have
deposited. the Secretary-General of the League of Nations
United which carries out depositary functions.
4. Any organization referred to in Article 16 which becomes a Party to this
Convention without any of its member States being a Party, is subject
all the obligations deriving from this Convention. If one or more Member
Members of this organization are Parties to this Convention,
Organization and its Member States decide on their respective responsi-
bility with regard to the fulfillment of the obligations entered into under the
this Convention.
In such cases, the organization and the Member States are not entitled to exercise
simultaneously the rights under this Convention.
5. In their instruments of ratification, acceptance, approval or accession,
regional economic integration organizations referred to in Article 16 indi-
cano the scope of their competence over matters covered by this
Convention. Moreover, these organizations inform the depositary of any
relevant modification in the extent of their competence.
Article 18
EFFECTIVE DATE.
1. This Convention shall enter into force on the ninetieth day
the date of deposit of the sixteenth of acceptance instrument of ratification,
approval or accession.
2. For purposes of paragraph 1 of this Article, any instrument deposited by a
Organization regional economic integration will not be considered
as additional to those deposited by Member States of this Organization.
3. For each State or organization of which the Article 16, which rati-
pussy accepts or approves the present Convention or accedes thereto after the deposit
the sixteenth instrument of ratification, acceptance, approval or Accession
sion, this Convention shall enter into force on the ninetieth day following
following its filing date, by said state or said organization, the
its instrument of ratification, acceptance, approval or accession.
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Page 148
Article 19
WITHDRAWAL.
At any time following the expiration of a period of four years commencing with effect
Network from the date on which the Convention enters into force with respect
to a part, this part may withdraw from this Convention by
written notification to the Depositary. The withdrawal shall take effect on the ninetieth
day following the date of its receipt by the Depositary. this
withdrawal has no impact on the application of Articles 3 to 6
this Convention to a proposed activity which was the subject of a noti-
pussy in accordance with paragraph 1 of Article 3 or of an application for
investigation under paragraph 7 of Article 3 before the entry into
force of the withdrawal.
Article 20
AUTHENTIC TEXTS.
The original of this Convention, of which the English, French and
Russian texts are equally authentic, it shall be deposited with the Secretary-General of
the organization of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto have signed the
this Convention.
APPENDIX I
LIST OF ACTIVITIES.
1. Crude oil refineries (excluding companies that manufacture solely
lubricants mind from crude oil) and installations for the gasification and
liquefaction of 500 tons of coal or bituminous shale to
day.
2. Thermal power stations and other combustion installations with a heat output is
equal to or greater than 300 megawatts and central .nucleari and other reactors
Nuclear (except research installations for the production and conversion
Board of fissile and fertile materials whose maximum power does not exceed
a kilowatt continuous thermal load.
3. Installations solely for the production or enrichment of combustible
nuclear stibili, the processing of irradiated nuclear fuels or the Stock-
caggio, the elimination and treatment of radioactive waste.
4. Major installations for the primary processing of iron and steel and for
production of non-ferrous metals.
5. Installations for the extraction of asbestos and for the treatment and the transformation
of asbestos and products containing asbestos: for asbestos-products
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cement plants producing more than 20,000 tons of finished products
year, for friction materials, plants that produce more than 50 tons of
finished products per year, and for other uses of asbestos, systems which use
Zano over 200 tons of asbestos per year.
6. Integrated chemical installations.
7. Construction of motorways, express roads * / and railway lines for the
long distance railway traffic and of airports having a track
main with a length equal to or greater than 2,100 meters.
8. Oil and gas pipelines with large cross section.
9. Trading ports and inland waterways and river ports that allow
the passage of more than 1350 tons ships.
10. elimination of waste installations: incineration or chemical treatment
discharge of toxic and hazardous waste.
11. Large dams and reservoirs.
12. channeling works groundwater if the annual volume of
water channel reaches or exceeds 10 million cubic meters.
13. Equipment for the manufacture of paper and paper pulp industries that produce
air dried at least 200 tons per day.
14. mining exploitation on a large scale, on-site extraction and treatment of
metal ores or coal.
15. Production of hydrocarbons at sea:
16. Major storage facilities for petroleum, petrochemical and chemical.
17. Deforestation of large surfaces.
_______
* / For the purposes of this Convention:
- "Motorway" means a road specially designed and built
for motor traffic, and where access to neighboring properties
It is not allowed and that:
a) except in special points or temporarily, consists, for the two
directions of traffic, from separate carriageways separated from each other by a
dividing strip not intended for traffic, or exceptionally by other
means;
b) Does not cross at level with any road or railway line or tramway, or path
pedestrian;
c) is specifically designated as a motorway.
- The "express road (highway)" means a private road
for motor traffic accessible only through interchanges
or regulated intersections and on which it is forbidden in particular stationary stop and
nare on the roadway.
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Page 150
APPENDIX II
CONTENT OF THE DOCUMENTATION
ENVIRONMENTAL IMPACT ASSESSMENT.
The information to be contained in the documentation concerning
the environmental impact assessment must include at a minimum, in accordance
Mita with Article 4:
a) a description of the planned activity and its end;
b) a description, where appropriate, of reasonable alternatives (for example,
With regard to the installation site or technology) to replace
of planned activities, including an option "zero";
c) a description of the environment on which the planned activity and its alternatives
substitution could have a major significant impact,
d) a description of the potential environmental impact that may be caused DAL-
the proposed activity and its alternatives of replacement, and evaluation of its
importance,
e) a description of the corrective measures to keep the
minimum the adverse environmental impacts,
f) a specific indication of predictive methods and underlying assumptions
selected as well as the relevant environmental data used,
g) an identification of gaps in knowledge and uncertainties
observed in compiling the required data
h) where appropriate, an outline for monitoring and management programs,
as well as any plans for later analysis of the project;
i) a non-technical summary accompanied, if appropriate, by a presentation
visual tion (maps, graphs, etc.).
APPENDIX III
GENERAL RULES INTENDED TO FACILITATE THE DETERMINATION
ENVIRONMENTAL IMPACT CAUSED BY ACTIVITIES THAT
DO NOT APPEAR IN THE LIST IN APPENDIX I.
1. In considering planned activities which paragraph 5 applies
Article 2, the Parties concerned may try to determine if the activity
provided it is likely to have a detrimental impact cross-border
important and based in particular on one or more of the following criteria:
a) Amplitude: activities which, given their nature, have a large amplitude;
b) Site: activities provided for the implementation of which should take place in an area
or in proximity of a particularly sensitive or important area from
ecological point of view (dome wetlands referred to in the Convention -
Ramsar, national parks, the nature reserves, sites that have a
special scientific interest or important sites from the perspective
archaeological, cultural or historical) and activities whose implementation is pre-
view sites where the characteristics of the proposed project could
have significant effects on the population;
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c) Effects: proposed activities whose effects are particularly complex and
potentially harmful, including activities that have serious
effects on humans or on the species or organisms considered as having a
particular value; activities that put at risk the continuation dell'u-
tilizzazione or potential use of an affected area and activities
impose an extra load that the environment does not have the capacity
support.
2. The Parties concerned will examine from this point of view the activities pre-
views located close to an international frontier as well as activities
which provided more distant site and which could true cross-border effects
important at a great distance from the project site.
APPENDIX IV
PROCEDURE OF INQUIRY.
1. The applicant party (or requesting Parties) notification (notify) to the Secretariat
it submits (submit) to an inquiry commission established
in accordance with the provisions of this Appendix, the issue of
whether a proposed activity which appears on the list in Appendix I is suscetti-
bile to have a significant adverse transboundary impact. The object
investigation, it is stated in the notification shall notify the Secretariat immediately
this question of inquiry to all Parties to this Convention.
2. The Commission of Inquiry is composed of three members. Both the part require
tooth that the other party to the inquiry procedure shall appoint an expert sci-
Tifico or technical and the two experts so 'appointed shall agree on the
third expert as chairman of the inquiry commission.
The latter (a) shall not be a national of one of the parties to the procedure
of inquiry nor have his habitual residence in the territory of one of these
parts, nor be in the service of one of them or have already dealt with the case in question
any other securities.
3. If, within two months of the appointment of the second expert, the President of
Commission of Inquiry has not yet been designated, the Executive Secretary
Economic Commission for Europe shall, at 'the request of either DEL-
the other party, designate the president within a further period of two months.
4. If within one month of receipt of the notification by the Secretariat,
one of the parties to the inquiry procedure does not appoint an expert, the other Party
may inform the Executive Secretary of the Economic Commission for Eu-
ropa, which he will appoint the president of the inquiry commission within a suc-
lowing period of two months. On his appointment the President of the com-
finding mission shall request the party which has not appointed an expert Interministerial Price Committee
See designate him within a month. If this deadline Presi-
tooth shall inform the Executive Secretary of the Economic Commission for Eu-
ropa who will make this appointment within a further period of two months.
5. The inquiry commission shall adopt its rules of procedure.
6. The inquiry commission may take all necessary measures to
end performance of his duties.
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Page 152
7. The parties to the inquiry procedure shall facilitate the Commission's task
of inquiry and in particular, by any means at their disposal:
a) provide all relevant documents, facilities and information;
b) enable it when necessary, to call witnesses or experts and
to have their testimony.
8. The parties and the experts shall protect the confidentiality of any information that they
receive in confidence during the work of the inquiry commission.
9. If one of the parties to the inquiry procedure does not appear before the
Commission of Inquiry or not present his case, the other party may request
the inquiry commission to continue the proceedings and to complete its
works. The fact that a party does not appear before the Commission or not
expose his case does not hinder the continuation and completion of the
work of the Commission of Inquiry.
10. Unless the inquiry commission determines otherwise because
the particular circumstances of the case, the expenses of the inquiry commission,
including the remuneration of its members are supported in equal parts by the
parties to the inquiry procedure. The Commission of Inquiry retains a
Record all expenses and shall furnish a final statement to the parties.
11. Any party who has an interest of a material in order -vis
the object of the inquiry procedure, which can be affected by an opinion
made by the inquiry commission may intervene in the proceedings with the consent
sense of the Commission of Inquiry.
12. The decisions of the Commission of Inquiry on procedure
They shall be adopted by majority vote of its members. the final opinion of the
Commission of Inquiry reflect the opinion of the majority of its
members and is accompanied, where appropriate, of any dissenting opinion.
13. The Commission of Inquiry shall present its final opinion within two months
the date on which it was established unless it finds it necessary prolun-
races this period for a period which should not exceed two months.
14. The final opinion of the inquiry commission is based on principles
Scientific accepted. The inquiry commission shall make its definition
tive to the parties to the inquiry procedure and to the secretariat.
APPENDIX V
ANALYSIS POST-PROJECT.
This analysis has as its purpose in particular:
a) to check whether the conditions established in the texts authorizing or
approval are met and whether the corrective measures attenuation
tion are effective;
b) to examine any impact to the finished good management and to meet
the uncertainties
c) to verify the accuracy of past predictions in - order to use
the experience to future activities of the same type.
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Page 153
APPENDIX VI
ELEMENTS OF BILATERAL COOPERATION AND MULTILATERAL.
1 The parties concerned may, if appropriate institutional arrangements or
expand the scope of existing institutional arrangements within the framework of agreements
bilateral and multilateral in order to give full effect to this Convention.
Bilateral or multilateral agreements or other arrangements may include:
a) any additional criteria for the implementation of this Convention,
consideration of the specific situation of the sub region concerned;
b) institutional arrangements, administrative and other nature to be concluded on a
the basis of reciprocity and equivalence;
c) the harmonization of policies and measures for environmental protection
so that standards and methods related to the application of the assessment
environmental impact are as uniform as possible;
d) the development of methods for determining, measuring, forecasting and
evaluation of the impact and the subsequent analysis methods to the project,
and the improvement and / or harmonization of these methods;
e) the development of methods and programs for the collection, analysis, Stock-
caggio and dissemination in time of comparable data on quality
environment in order to provide data on the environmental impact assessment
such and / or improvement of these methods and programs;
f) the establishment of threshold levels and more specified criteria for defining the importance
the transboundary impacts as a function of the site, the nature or dell'am-
amplitude of the planned activities that should be subject to an assessment
tion of the environmental impact in accordance with the provisions of this
Convention and the establishment of critical loads of cross-border pollution
-border, g) the joint execution if appropriate, the evaluation IMPORTER
environmental impact, the development of joint monitoring programs
Comparative plowing of monitoring devices and harmonization
of the methods with a view to ensure the compatibility of data and infor-
tions obtained.
APPENDIX VII
ARTBITRATO.
1. The Contracting Party (or Parties) shall notify the secretariat that the
Parties have agreed to submit the dispute to arbitration - by virtue of
paragraph 2 of Article 15 of this Convention. The notification shall state
the arbitration object and indicates in particular the Articles of this Con-
Convention whose interpretation or application is concerned. The Secretariat trans-
It stops the information received to all Parties to this Convention.
2. The arbitral tribunal shall consist of three members. The Contracting Party (or
Parties) and the other Party (or other parts) to the dispute shall appoint an
arbitrator and the two arbitrators so appointed shall designate by common agreement the
third arbitrator, who is the President of the Court. arbitration.
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Page 154
The latter should not be a national of one of the parties to the dispute or
have his habitual residence in the territory of one of these parties, nor be
at the service of one of them, or have dealt with the case for any other
title.
3. If, within two months of the appointment of the second arbitrator, the President of the Tribu-
nal arbitration has not been appointed, the Executive Secretary of the Commission
Economic Commission for Europe shall, at the request of one of the parties to the counter-
Versia, designate him within a further two months.
4. If within two months from receipt of a question of
parties to the dispute does not appoint an arbitrator, the other party may
inform the Executive Secretary of the Economic Commission for Europe
designating the President of the arbitral tribunal within a further two
months. Upon his appointment, the President of the Arbitral Tribunal
He requests the party which has not appointed an - arbitrator to do so within two
months. At the expiration of this term, the President shall notify the Secretary ese-
cutivo the Economic Commission for Europe, who shall make this appointment
within a further period of two months.
5. The Court shall render its judgment in accordance with international law
nal and the provisions of this Convention.
6. Any arbitral tribunal constituted in application of these provisions
determine its own procedure.
7. The decisions of the arbitral tribunal, both on procedure and that
As for the substance, they shall be taken by a majority of its members.
8. The tribunal may take all necessary measures in order to establish
facts.
9. The parties to the dispute shall facilitate the work of the arbitral tribunal and
especially with all the means at their disposal, they:
a) provide to the Court all the documents, facilities and informa-
tions relevant;
b) put it in a position, where necessary, to call witnesses or experts and
accept their testimony.
10. The parties and the arbitrators shall protect the confidentiality of any information that they receipt
Vono in confidence during the arbitration proceedings.
11. The arbitration tribunal may, at the request of one of the parties, recommend
ad.interim precautionary measures.
12. If one of the parties to the dispute does not appear before the Court
arbitration or does not present his defense, the other party may request the Tri-
General Court to continue the proceedings and make the final judgment.
The fact that a part is not present or does not assert its means of defense
It does not prevent. or conduct of the proceedings. Before rendering 'the SEN-
Tenza ultimately the arbitral tribunal must satisfy itself that the application is well founded
in fact and law.
13. The arbitral tribunal may hear and determine counter-claims directly
related to the subject of the dispute.
14. Unless the arbitral tribunal decides otherwise into account
tion of the particular circumstances of the case, the costs of the tribunal, including
emoluments of its members, are supported in equal parts by the parties to the con-
troversia. The Tribunal shall keep a record of all its expenses and provides a
final statement thereof to the Parties.
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15. Any Party to this Convention which has, towards the object
the dispute an interest of a legal nature which may be affected
by a decision in this case, it may intervene in the proceedings
with the consent of the Court.
16. The arbitral tribunal shall render its award within five months after the date
to which it was established, unless it is not considered necessary to prolong
this term for a period not exceeding five months.
17. The award of the arbitral tribunal is accompanied by a statement of
reasons. It shall be final and binding upon all parties to the dispute
the arbitral tribunal shall communicate it to the parties to the dispute and to the secretariat.
It will forward the information received to all Parties to this
Convention.
18. Any dispute between the Parties concerning the interpretation or execution
the dispute may be submitted by either Party to the Court arbitrary
tral which has pronounced the judgment, or, if consensus can not
be seized thereof, to another court established for this purpose in the same way
of the first.
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DECREE OF THE PRESIDENT OF THE REPUBLIC OF 18/04/1994 N 526
Italian Official Journal n 207 of 05/09/1994
Regulation containing rules governing the assessment
Environmental relating to prospecting, exploration and production of hydrocarbons
liquid and gaseous fuels.
TEXT
THE PRESIDENT OF THE REPUBLIC
Given the Art.87 of the Constitution;
Having regard to Law 8 July 1986, n. 349 concerning the establishment of the Ministry DEL-
the environment and rules on environmental damage and in particular article 6
on the detection, by decree of the Prime Minister
of Ministers, the categories of works one can produce important modifiers
AMA tions subject to environmental impact assessment;
Given the decrees of the President of the Council of Ministers August 10, 1988, n. 377,
and on 27 December 1988 published in the Official Gazette no. 4 of 5 Jan-
ary 1989 concerning, respectively, regulation of pronunciations
environmental compatibility stated in article 6 of the law July 8, 1986, n. 349,
concerning establishment of the Ministry of Environment and rules of harm
environmental and technical standards for the preparation of environmental impact studies
and that the judgment formulation comparibilit stated in article 6 of the law 8
July 1986. 349, adopted pursuant to article 3 of the Decree of the President of the
Council of Ministers August 10, 1988, n. 377
In view of art. 2, paragraph 3 of the Law of 9 January 1991, n. 9, which provides that the
prospecting, research and liquid and gaseous hydrocarbons are
subject to environmental impact assessment and to restore land
within the limits and with the procedures stipulated by law;
Having regard to Articles 3-14 of the law 9 January 1991 n. 9, which make
changes to the law January 6, 1957, # 6 and the law 21 January 1967 n. 613, the
which organize and prospecting, exploration and production of hydrocarbons;
Given the two decrees of the Minister of Industry, Trade and Crafts
On August 6, 1991, published in the Official Gazette no. 223 of 23 set-
tember 1991, which in article 13 of the implementing provisions of that
Law 9 January 1991, n. 9, respectively within transitional rules
ensure operational continuity in the oil sector and approval of
new specification type for prospection licenses, research and for granting
cultivation sions of liquid and gaseous hydrocarbons;
Having regard to article 1, paragraph 3, of the law 28 February 1992 n. 220;
Heard the Scientific Committee referred to in article 11 of the law 86 July 1986 n. 349;
Since article 17 of the law of 23 August 1988 n. 400;
Having heard the opinion of the State Council, expressed the general meeting of 25
February 1993;
View the note no. 234 / EIA / AO13.M. On June 2, 1993, by which the Governing
tore the general environmental impact assessment services, information to the citi-
tadini and for the report on the state of the Ministry of the Environment
He said that he shared almost all the observations of the State Council, spe-
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cificando the same time the reasons why certain observations can not
be accepted;
Considered having to share as stated in that note;
Since article 1, paragraphs 10 and 11 of the Law of 24 December 1993, n. 537, bearing inter-
Twenty corrective public finance that involve transferring to Mini-
Ministry of the environment of the functions of the Ministry of Merchant Marine in
the protection and defense of the marine and Central Inspectorate
the defense of the sea of the same Ministry;
Given the decision of the Council of Ministers in its meeting of 23
March 1994;
On the proposal of the Minister for the Environment, in consultation with the Minister for Heritage
cultural and environmental rights;
ISSUES
the following regulations:
art.1
Prospecting Permits
1. The granting of prospecting issued under article 3 of the law of 9 Jan-
uary 1991, n. 9, is subject to the environmental compatibility of which
article 6 of the law July 8, 1986, n. 349. The environmental impact study to be
enclose with the environmental compatibility must be
prepared according to the scheme referred to in Annexes II / A and II / B to this Regulation
Chin, who are an integral part of the regulation.
2. The environmental compatibility is not necessary:
a) if the applicant in the application for permission is expressly commitments
samente not to carry out prospecting activities within the areas of
Annex I hereto, which is an integral part of the
Regulation;
b) for instances of prospecting permits whose work programs include
only take geological surveys in the country, gravime- measures
triche, magnetometrihe, paleomagnetic and passive seismometric, pro-
NSPECTIONS geochemical, surveys conducted with aircraft or satellites.
3. For the purpose of verification of the existence of the exclusion conditions referred to
paragraph 2, the applicant for a prospecting permit shall transmit to the Mini-
Ministry of the environment - Environmental impact assessment service program
of work and adequate cartography, as well as other information necessary for
the carrying out of the same occurs. This verification is carried out by the Commission
sion for the environmental impact assessment referred to art.18, paragraph 5,
of the law 11 March 1988 n. 67.
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art.2
Research Permits
1. Before the exploration license provision set out in Articles 5 and 6 of
Law 9 January 1991, n. 9, the applicant must forward to the Ministry of
the environment - environmental impact assessment service the following documentation
tion in triplicate:
a) the work program;
b) environmental report prepared in accordance with Annexes III / III A and / B to this
Regulation, which form an integral part of the regulation.
2. In the case of falling research permits on land trans- applicant
stops the documentation referred to in paragraph 1 also to the Ministry of goods cul-
tural and environmental - Central Office for environmental goods, architettornici,
archaeological, artistic and historical, and the region or autonomous province competent
authority for the area.
3. Within thirty days of receipt of the documents referred to in paragraph 2,
the Ministry for Cultural and Environmental Heritage and the region or autonomous province
interested, if they consider that the work under the program, even given the
recovery operations envisaged, will be able to produce relevant modifiers
tions environment, indicate the Ministry of the Environment - Assessment Service
environmental activities and specific areas of the search that they
notice require specific environmental impact study.
4. Within the next forty-five days in the event that The administrator's Ministry
environment, taking into account any information referred to in paragraph 3, considers that
the works in the program are able to produce significant modifications Man-
environment, will inform the applicant and for information to the Ministry dell'indu-
industry, commerce and crafts - Directorate General of Mines, the
need to activate the procedure provided for in article 6 of the law July 8, 1986, n.
349, specifying the types of activities envisaged in the work program and areas DEL-
the search area for which will have to be prepared an impact assessment
environmental as indicated in Annexes III / III and C / D to the present
Regulation, which form an integral part of the regulation.
Art.3
cultivation Concessions
1. The supply of liquid hydrocarbons concession and gas-
sosi in the mainland, in the territorial sea or the continental shelf of which
article 9 of the law 9 January 1991 n. 9, is subject to the ruling of com-
Environmental bility stated in article 6 of the law July 8, 1986, n. 349. The study of
environmental impact to be attached to the question of compatibility pronunciation
environment must be prepared in accordance with schemes referred to in Annexes IV / A and IV /
B hereto, which form an integral part of regolamnto same.
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Art.4
Extensions of validity of licenses and changes to work programs
1. art.2 provisions also apply to instances of validity extension
the securities and the requests for modification of the work programs concerning per-
put research, only if such instances are for permits
Research released after the entry into force of this
Regulation if they result in not considered activities and works nel-
the scope of the environmental compatibility ruling referred to the next art.8.
2. The provisions of article 3 shall also apply to requests for modification
significant work programs, regarding mining leases,
only in the case in which these instances are submitted after the date
of entry into force of this Regulation and involve the construction of
New fixed installations or new fixed structures.
3. The Directorate-General of Mining - Mining National Office for hydro-
carbides and geothermal energy of the Ministry of Industry, Trade and dell'arti-
craftmenship, heard the Technical Committee for Hydrocarbons and Geothermal of which
all'art.41 the Law of 11 January 1957 No. 6, as amended, shall transmit to the
Ministry of Environment - copy of the Environmental Impact Assessment Service
instances referred to in paragraph 1 and 2, accompanied by a technical report, for the purposes of
Verification of the applicability of Articles 2 and 3 of this Regulation. The Mini-
Ministry of the environment - Environmental impact assessment service, after consulting the com-
mission for the environmental impact assessment, inform the applicant
the procedure and all'UNMIG instances for which will have to be implemented
environmental compatibility.
Art.5
Presentation of compatibility ruling
environmental and related documentation
1. An application for environmental compatibility stated in article 6, paragraph
4 of the Law of July 8, 1986, n. 349, it presented by the applicant to the Ministry
environment - environmental impact assessment service with attached SE-
guente documents in triplicate:
a) the work program;
b) environmental impact study items in accordance indicated in
Annexes II / A and II / B, III / III and C / D, IV / A and IV / B hereto,
respectively for the prospection, exploration and production;
c) technical description of the means, structures and systems which are expected to Reac-
tion and / use;
d) non-technical summary with graphic attachments smoother playback;
e) one or more affidavits, referred to in paragraph 3 of this Article;
f) the documents attesting to the publication as
provisions of article. 6.
2. The documentation referred to in paragraph 1 shall be submitted in duplicate also
the Ministry for Cultural and Environmental Heritage - Central Office for the goods
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Page 160
environmental, architectural, archaeological, artistic and historical, and the region or pro-
vince autonomous territorially concerned if the preliminary ruling
It relates an instance for the issuance of mining rights falling into the mainland.
3. The accuracy and veracity of the data and information in the document
mentation referred to in paragraph 1, are attested by appropriate declaration down-
installment made by professionals enrolled in professional registers, where they exist, or
from experts who signed the environmental impact study.
Art.6
Advertising
1. The applicant for the environmental compatibility pronunciation, must deposit
at least one copy she documentation referred to article 5 at the competent
Office of region or autonomous province whose territory is concerned
the activities foreseen in the work program or at the competent
harbor master when such activities affect the territorial sea or
the continental shelf.
2. The applicant must also ensure the publication of that
article 6, paragraph 3 of the Law of July 8, 1986, n. 349, the largest daily
region or autonomous province whose territory is affected by
activities foreseen in the work program as well as in a daily newspaper diffusion
National sion.
3. As far as not otherwise provided by the following paragraphs, it must be
reference for the ad mode as provided in the circular of
Ministry of the Environment on August 11, 1989 "Publication of documents riguar-
giving the environmental compatibility of the ruling request under article 6 of the
Law 8 July 1986. 349; mode of newspapers ", published
in the Official Journal. 201 of 29 August 1989 and subsequent circulars inte-
grative or grinding.
4. The announcement shall always contain: an indication of the nature of the title
mining (prospecting permit, exploration license, granting col-
tivazione of liquid and gaseous hydrocarbons) in relation to which has been requested
the environmental compatibility pronunciation; a brief description of the pro-
program of work; an indication of the regional offices or the captaincies
the port with which the public can consult the documentation presented
nanny for environmental impact assessment.
5. Excluded from advertising in the preceding paragraph of the data and the infor-
tions to which the current rules apply with regard to the secrecy
industrial, as well as those which are confidential under
Articles 39 and 71 of the Law of 21 July 1967, p. 613.
6. The data and information referred to in paragraph 5 must be sent by registered
separate administrations whose article 5.
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art.7
Investigation technique for environmental compatibility
1. For the purposes of technical investigation for the judgment of environmental compatibility,
Committee referred to in Article 18, paragraph 5, of the law 11 March 1988 n. 67,
where necessary, request opinions from institutions, public administrations and bodies
technical and scientific research of the state. Each request, in relation to
state of progress of the investigation, indicating the deadline for trans-
sion of the opinion, a term which may not exceed sixty days.
2. Where it is verified the incompleteness of the documentation presented, the Mini-
stro environment shall ask, if possible in a single payment, the
necessary additions.
3. The technical investigation ends with a reasoned opinion of the Committee
taking into account the studies carried out by the applicant and after evaluation of
effects, even induced, from the prospecting, exploring for and producing, on the
environmental system, comparing the existing situation with the situation
that could occur as a result of mining activities pro-
grammed. The committee also identifies, if necessary, the requirements
aimed at environmental compatibility of planned mining activities.
Art.8
Compatibility Findings
1. The procedures laid down in Articles 1, 2 and 3 of this Regulation, the down-
dizio compatibility is made pursuant to art. 6, paragraph 4, of Law 8 July
1986. 349, by a definitive act that simultaneously considers the observations
tions, proposals and allegations submitted under paragraph 9 of mede-
simo art.6, expressing on the same individually or by groups.
2. Where such procedures relate to prospecting, research and cultivation
tion of liquid and gaseous hydrocarbons in the territorial sea or in the platform
Continental, implementing article 1, paragraph 3, of the Law of 28 February 1992
n. 220, and article 1, paragraphs 8, 9, 10 d 11, of the Law of 24 December 1993, n. 537, the
Minister for the Environment shall issue a decree.
Art.9
procedural agreement
1. In order to accelerate procedures for the acquisition of concerts, designed,
opinions, clearances required by current regulations under securities conferring
mining and subsequent measures, also according to the provisions of
7 August 1990, n. 241, the competent authorities under the laws
January 11, 1957, n. 6, July 21, 1967, n. 613, July 8, 1986, n. 349, and 9 January
1991, n. 9, they may sign a procedural agreement.
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2. To speed up the procedures related to the expression of judgment
environmental compatibility of which article 8 in connection with the re- procedures
Watching the granting of mining rights Environment Minister, the Minister of
Industry, Commerce and Handicrafts and the Ministry for Cultural Heritage and
environmental within three months from the date of entry into force of this Regulation
chin subscribe to a special procedural agreement.
3. The prospecting, exploration and production of hydrocarbons in the areas
Natural protected under article 2 of the Law of 6 December 1991 n. 394, and
natural areas subject to safeguard measures in accordance with art. 6 of me-
DESIMA law, if permitted by the relevant regulations and safeguards,
They may be the subject of special agreements to be concluded with the adminis-
administrations or institutions responsible for management of natural areas the same. These
agreements must include ensuring compliance with the requirements possibly
Mind set out in the judgment of which article 8 compatibility.
Art.10
exclusively Nearby ENI
1. The ENI, within one hundred eighty days from the date of entry into force of this
Regulation, must submit to the Ministry of the Environment - assessed Service
tation environmental impact and the Ministry of Industry of Trade and
crafts - Directorate General of Mines, UNMIG, with at least no-
It boasts days in advance, a program every two years, for activities
prospecting and research taking place in the areas of art. 2 of Law 10
February 1953, n. 136. In this program, the provisions referred to apply
Articles 1 and 2 of this Regulation, in relation to the planned activities.
2. From the date of entry into force of this Regulation, the beginning
the development and cultivation in areas under article 2 of the Law of 10
February 1953, n. 136, is subject to the environmental compatibility ruling
that under article 3 of this Regulation.
Art.11
and Provisional Rules
1. The provisions of Articles 1, 2 and 3 shall apply to the requests for permission to
prospecting, exploration license and mining lease, presented
after the date of entry into force of the law 9 January 1991 n. 9, and whose instructive
istory has not ended with opinion of the Technical Committee on Hydrocarbons and
geothermal the date of entry into force of this Regulation.
Official for legal acts of the Italian Republic. It is mandatory for chiun-
que respect it and see that it is observed.
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ANNEX I
1. Natural protected areas under article 2 of the Law of 6 December 1991 n. 394, instituted
Tuite perimeter or otherwise under the same law.
2. perimeter naturalistic importance Areas and subjected to safeguard measures
guard pursuant to Article 6 of Law no. 394/1991 or implementing acts and con-
international conventions.
3. marine and land areas subject to archaeological restrictions under the Act 1
June 1939, n. 1089; and areas subject to landscape protection under punctual
of the Law of 29 June 1939, n. 1497.
4. restocking areas and biological protection under the law art.15 14
July 1965, n. 963.
ANNEX II / A
OUTLINE OF THE CONTENTS OF ENVIRONMENTAL IMPACT STUDY
FOR EXPLORATION PERMIT IN MAINLAND OF ART. 1.
1. Programmatic Framework (not applicable).
2. Framework design:
2.1 aims and objectives of the program;
2.2 description of the geophysical survey systems with particular regard to:
2.2.1 type of elastic waves source;
2.2.2 typology of stendimenti and location;
2.2.3 possible types of burst wells;
2.2.4 means used;
Recovery techniques 2.2.5 of any outbreak wells;
Recovery techniques 2.2.6 of the steps of the means of transport;
2.2.7 execution times;
2.2.8 legislation and standards.
3. Environmental Framework:
3.1 areas affected by the detection;
3.2 identification of any protected areas and administrative acts corre-
sponding;
3.3 hydrogeological situation and characters of any surface fluids
hydrothermal origin, or in any case under pressure (in the case of any
burst wells);
3.4 vegetation, flora, fauna and ecosystems;
3.5 bibliography.
4. qualitative and quantitative estimation of the impacts on the different components
environmental:
4.1 to explosive sources;
4.2 vibrating mass sources;
4.3 swing mass sources;
4.4 stendimenti and any wells;
4.5 Transportation and means used;
4.6 territorial losses;
4.7 overall program;
4.8 Alternate between the various usable techniques.
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5. Choosing between alternatives.
6. engineering study for the environmental safety (in the case is expected to in-
stalling of offshore structures)
ANNEX II / B
PERMISSION FOR EXPLORATION IN THE SEA OF ART. 1.
1. Programmatic Framework (not applicable).
2.2 description of the geophysical survey systems with particular regard to:
2.2.1 type of the ships used;
2.2.2 type of detection equipment;
3.1 areas affected by the detection;
3.2 identification of any protected areas and administrative acts corre-
sponding;
3.3 bathymetry prospecting area;
3.4 vegetation, flora, fauna and ecosystems;
3.5 bibliography.
environmental:
4.1 springs to elastic waves;
4.2 of vessels traffic;
4.3 overall program;
4.4 Alternate between the various usable techniques.
6. engineering study for the environmental safety (in the case is expected to in-
stalling of offshore structures).
ANNEX III / A
SCHEME FOR ENVIRONMENTAL REPORT CONTENTS RESEARCH PERMIT
IN MAINLAND OF ART. 2.
1. Purpose and objectives of the research program.
2. Description of search technologies:
2.1 description of geophysical detection systems with particular
about:
2.1.2 typology of stendimenti and locations;
2.1.3 possible types of burst wells;
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2.1.4 means used;
Recovery techniques 2.1.5 any outbreak wells;
Recovery techniques 2.1.6 of the steps of the means of transport;
2.1.8 legislation and standar reference;
2.2 description of drilling operations, with particular regard to:
2.2.1 of the workstation preparation techniques;
2.2.2 techniques of drilling and circulation of drilling fluids;
2.2.3 pipe-laying techniques and protection of aquifers;
2.2.4 environmental risk prevention techniques
2.2.5 mitigation measures of impact and possible monitoring;
2.2.6 estimation of waste production, emission of pollutants chemi-
cats in the atmosphere and the production of noise and vibration
tions; treatment techniques 2.2.7 and landfill of waste (including
taken drill cuttings);
2.2.8 mining closure or possible completion, with pro-
program of any territorial recovery;
of the workstation realization times 2.2.9, of drilling,
any production tests, the recovery;
3. Environmental situation:
3.1 landscape plan Regional;
3.2 delimitation of areas affected by operations, on scale paper
not less than 1: 100,000;
3.3 Territorial scope definition and description of environmental systems
in the program, thematic maps on a scale not less than
1: 50.000 with reference to:
3.3.1 use of soil, vincolistico regime, protected natural areas, areas
subjected to royal safeguard;
3.3.2 aquatic environment: characterization of surface water;
3.3.3 soil and subsoil:
geomorphological characterization;
hydrogeological characterization with an indication of aquifers;
3.3.4 vegetation, flora, fauna and ecosystems;
3.3.5 landscape;
3.4 bibliography.
ANNEX III / B
SCHEME FOR THE CONTENT OF THE ENVIRONMENTAL REPORT
PERMISSION FOR RESEARCH IN SEA OF ART. 2
1. Purpose and objectives of the research program.
2. Description of search technologies:
2.1 description of geophysical detection systems with particular
about:
2.1.1 type of the ships used;
2.1.2 type of detection equipment;
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2.1.5 legislation and standards of reference;
2.2.2 Environmental risk prevention techniques;
2.2.4 estimate of the production of waste, emissions of pollutants chemi-
cats in the atmosphere, the production of noise and vibration;
2.2.5 Technical treatment and wastewater discharge (including debris
drilling);
gramma removal of the structures;
2.2.7 embodiment of the commissioning workstation times, the perforations
tion, any production tests, the removal of
structures, abandonment station;
3. Environmental situation:
3.1 delimitation of areas affected by operations, on river basin paper
Pussy appropriate scale;
3.2 other uses of the area, with particular regard to vincolistico regime:
3.2.1 marine areas of biological protection (Law no. 963/65);
3.2.2 marine restocking areas (Law n. 4182);
3.2.3 marine park areas (article 31 of Law no. 979/82);
3.2.4 coastal areas which are part of natural areas protected or subject to
safeguard measures in accordance with law no. 394/91;
3.2.5 marine archaeological areas (Law no. 1089/39);
3.3 description of the environmental systems in the program, on paper
hydrographic in appropriate scale with reference to:
3.3.1 features bathymetric and geomorphological from the seabed;
3.3.2 weather-oceanographic characteristics;
3.3.3 physico-chemical characteristics and biological characteristics of
vegetation, flora, fauna and ecosystems, particularly with regard
to the benthos;
3.3.4 any characterization of the scenic coastal areas, in
If significantly permits interesting marine areas
within three miles of the coast;
3.4 bibliography.
ANNEX III / C
PERMISSION FOR RESEARCH IN MAINLAND OF ART. 2.
1. Programmatic Framework:
1.1 national energy plan;
1.2 any other programming tools and funding (eg. Deli-
drink CIPI);
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1.3 Regional Landscape Plan.
2.2 Geophysical survey: see paragraph 2.2 of Annex II / A;
2.3.1 the workstation preparation techniques;
2.3.2 drilling techniques and circulation of - pa fluids. 12 - perforation
ration;
2.3.3 pipe-laying techniques and protection of surface layers;
2.3.4 environmental risk prevention techniques;
2.3.6 estimation of waste production, emission of polluting chemi-
techniques 2.3.7 treatment and landfilling of waste;
program of any territorial recovery;
of the workstation 2.3.9 realization times, the drilling,
any production tests, the recovery;
2.4 risk analysis and contingency plan.
3.1 delimitation of areas affected by operations, on scale paper
not less than 1: 100,000;
in the program, thematic maps on a scale not less than
1: 25,000, with reference to:
3.2.1 land use, vincolistico regime, protected natural areas or sub-
toposte to safeguard measures in accordance with law no. 394/1991;
3.2.2 aquatic environment: characterization of surface water;
3.2.3 soil and subsoil: geomorphological characterization; characterized
geolithological organization and geotechnical; hydrogeological characterization
gica with details of aquifers; geological risks: seismic,
flooding, landslides, volcanic activity, deep hydrothermalism;
3.2.4 vegetation, flora, fauna and ecosystems: paper of vegetation
significant; the list of the fauna, if significant;
3.2.5 landscape;
3.2.6 Public Health;
3.2.7 Noise and vibration.
3.3 bibliography.
environmental:
4.1 Geophysical survey: please refer to par. 4 Annex II / A;
4.2 drilling operations:
4.2.1 Stations;
4.2.2 drilling;
4.2.3 territorial recovery;
4.2.4 Overall program;
4.2.5 Alternate between the various usable techniques.
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ANNEX III / D
OUTLINE OF THE CONTENTS OF THE STUDY OF ENVIRONMENTAL IMPACT FOR
PATHWAYS
RESEARCH PUT IN SEA OF ART. 2.
1.2 any other programming tools and funding (eg .: deli-
drink CIPI).
2.2 Geophysical survey: see paragraph 2.2 of Annex II / B;
2.3.4 estimate of the production of waste, the emission of pollutants chemi-
2.3.5 Technical treatment and wastewater discharge (including debris
drilling);
gramma removal of the structures;
2.3.7 embodiment of the commissioning workstation times, the perforations
tion, any production tests, the removal of
structures, abandonment station;
2.4 risk analysis and contingency plan.
3.1 delimitation of areas affected by operations, on river basin paper
Pussy appropriate scale;
3.2 other uses of the area, particularly with regard to the regime vincoli-
stico:
3.2.2 marine restocking areas (Law n. 41/82);
3.2.4 coastal areas which are part of natural areas protected or subject to
safeguard measures in accordance with law no. 394/91;
3.2.5 marine archaeological areas (Law no. 989/39).
3.3 description of the environmental systems in the program, on paper
hydrographic in an appropriate scale, with reference to:
3.3.1 bathymetric and geomorphological characteristics of the seabed;
3.3.2 MEEO-oceanographic characteristics;
3.3.3 physico-chemical and biological characteristics, vegetation, flora,
fauna and ecosystems in particular with regard to the benthos;
3.3.4 eventual geomorfoogica characterization and landscape of
coastal areas, in the case of significantly interesting permits
Mind marine areas within three miles of the coast.
3.4 bibliography.
environmental:
4.1 geophysical surveys: refer to point 4 of Annex II / B;
4.2 drilling operations:
4.2.1 commissioning of the station platform;
4.2.2 drilling;
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4.2.3 emissions and discharges;
4.2.4 mining closure or possible completion or removal
of the structures;
4.2.5 Overall program;
4.2.6 Alternate between the various usable techniques.
ANNEX IV / A
OUTLINE OF THE CONTENTS OF ENVIRONMENTAL IMPACT STUDY FOR
COLTIVAZIOE OF GRANT IN MAINLAND OF ART. 3.
drink CIPI);
1.3 territorial planning instruments and plans.
2.2 Geophysical survey: see paragraph 2.2 of Annex II / A;
2.3 of well drilling operations: see paragraph 2.3 of Annex
III / C;
2.4 description of the production wells with particular regard to:
2.4.1 Completion of production and risk prevention measures
environmental;
2.4.2 wellhead monitoring;
2.4.3 station with any impact attenuation and restores par-
tial;
2.4.4 Territorial recovery program;
realization times 2.4.5;
2.5 description of transport systems:
2.5.1 pipeline or trucking;
2.5.2 implementation and compliance area;
2.6 description of the central gas or oil center, with particular regard to:
2.6.1 separation plant;
2.6.2 treatment plant;
2.6.3 estimate of the production of waste, waste water, the emis-
sion of pollutants in the atmosphere, the production of noise and
vibration;
2.6.4 timing of realization of the construction and work life;
2.6.5 territorial recovery program;
2.7 risk analysis and contingency planning.
3. Environmental Framework (for the individual works):
3.1 delimitation of areas affected by the works;
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covered by the program on scale thematic maps least
1: 25.000 with riferimentoa:
3.2.1 land use, vincolistico regime, protected natural areas or sub-
toposte to safeguard measures in accordance with law no. 394/1991;
3.2.2 atmosphere meteoologica characterization; the degree evaluation
of existing pollution; characterization of waterways
surface next to the locations of wells and installations;
3.2.4 soil and subsoil: geomorphological characterization; characterized
pedological organization of the area of each location and
plant; geolithological and geotechnical characterization; characterized
hydrogeological organization with indication of aquifers; risks
geological: seismicity (including microseismic and seismic activity
induced any of pumping tests), flooding, frano-
sity, volcanism, deep hydrothermalism;
3.2.5 vegetation, flora, fauna and ecosystems: paper of vegetation
significant; the list of the fauna, if significant;
3.2.6 landscape;
3.2.7 Public Health;
3.2.8 Noise and vibration;
3.3 bibliography.
environmental:
4.1 Geophysical survey: see point 4 of Annex II / A;
4.2 wells being drilled: see paragraph 4.2 of Annex III C;
4.3 wells in the production phase;
4.4 transport system;
4.5 Central gas or oil center;
4.6 territorial recovery;
4.7 overall project;
4.8 design alternatives and location.
ANNEX IV / B
GRANT FOR GROWING IN SEA OF ART. 3.
drink CIPI);
2.2 Geophysical survey: see paragraph 2.2 of Annex II / B;
2.3 of well drilling operations: see paragraph 2.3 of Annex III / D;
2.4 description of the production operations with particular attention to:
2.4.1 characteristics of the platform;
2.4.2 installation of the platform;
2.4.3 completion of production wells and prevention measures
environmental risks;
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2.4.4 monitoring wells;
2.4.5 estimate of water discharges, waste production, dell'emis-
sion of chemical pollutants in the atmosphere, the production of
noise and vibration;
2.4.6 treatment plants;
2.4.7 mining closure and removal of the structures;
2.4.8 realization times of operations;
2.5 description of transport systems:
2.5.1 storage system or subsea pipelines;
2.5.2 implementation and compliance area;
2.6 description of the main gas or oil of any center in the mainland:
please refer to section 2.6 of Annex IV / A;
2.7 risk analysis and contingency planning.
3. Environmental Framework (for the individual works):
3.1 delimitation of areas affected by works on paper with directions
hydrographic in appropriate scale;
3.2 other uses of the area, with reference to vincolistico regime:
3.2.2 marine restocking areas (Law n. 41/82);
3.2.4 coastal areas that are part of protected natural areas or subjected
to safeguard measures in accordance with law no. 394/91;
3.2.5 marine archaeological areas (Law no. 1089/39);
3.3 description of the environmental systems involved on hydrographic card
appropriate scale, with reference to:
3.3.1 bathymetric and geomorphological characteristics of the seabed;
3.3.2 weather-oceanographic characteristics;
3.3.3 environmental recognition programs of the area surrounding the
platform in a radius of 500 m;
3.3.4 vegetation, flora, fauna, ecosystems and cartographic representation
graphic of benthic biological communities;
3.3.5 any characterization of the scenic coastal areas, in
If iteressanti concessions significantly marine areas
within three miles of the coast;
3.4 bibliography.
environmental:
4.1 geophysical surveys: refer to point 4 of Annex II / B;
4.2 wells during drilling operations: refer to section 4.2 of Annex III / D;
4.3 wells in the production phase;
4.4 transport system;
4.5 Central gas in the mainland;
4.6 Recovery;
4.7 overall project;
4.8 design alternatives and location.
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DECREE OF THE PRESIDENT OF THE REPUBLIC OF 04/27/1992
Italian Official Journal n. 197 of 22 Agosto1992
Regulation of the pronunciations of environmental compatibility and tech- standards
niche in the preparation of environmental impact studies and the formulation of
compatibility judgment in article 6 of the law July 8, 1986, n. 349, for
external overhead lines.
NOTES
Art.2 - 4: The text of the articles is omitted, because the changes are shown
in the documents cited in the items themselves.
TEXT
THE PRESIDENT OF THE REPUBLIC.
Having regard to Law 8 July 1986, n. 349 concerning the establishment of the Ministry DEL-
the environment and standards of environmental damage;
Given the decrees of the President of the Council of Ministers August 10, 1988, n. 377,
and 27 December 1988 published in the Official Journal of 5 January 1989, n.
4, concerning respectively "Regulation of compatible pronunciations
bility of the environment in article 6 of the law July 8, 1986, n. 349 laying estab-
dl institution Ministry of Environment and rules on environmental damage "and
"Technical standards for the preparation of environmental impact studies and For-
formulation of the judgment of compatibility stated in article 6 of the law of 8 July 1986
n. 349, adopted pursuant to article 3 of the Decree of the Decree of the President of the
Council of Ministers August 10, 1988, n. 377 ";
Since paragraph 2 of article 6 of the law July 8, 1986, n. 349, concerning the indivi-
duazione, by decree of the President of the Council of Ministers, the
categories of work can produce significant changes to the environment and
for evaluation of environmental impact;
Given article 2, paragraph 3 of the Law of 9 January 1991, n. 9, which provides that the
high voltage power lines are to be "subject to impact assessment
environmental and territorial recovery within the limits and with the procedures provided
by law ";
Heard the Scientific Committee referred to in article 11 of the Law of 8 July 1986. 349;
Having regard to article 1, paragraph 1, point ii), the Law of 12 January 1991, n. 13, which
It provides that the President of the Republic gives off all the acts for which it is
the Republic exudes all the acts for which intervened deliberation
Council of Ministers;
Given the decision of the Council of Ministers at its 17th meeting
April 1992;
decrees:
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Page 173
art.1
1. Subject to the provisions explicitly replacement or exceptions, the rules
of this decree are supplemental to the general rules laid down by
Decree of the President of the Council of Ministers August 10, 1988, n. 377, and
Decree of the President of the Council of Ministers of December 27, 1988.
Art. 2
1. Article 1, subsection 1, of the Decree of the President of the Council of Ministers 10
August 1988 n. 377, it is the following point:
[...].
Art. 3
1. article 2, paragraph 1 of the Decree of the President of the Council of Ministers 10
August 1988 n. 377, it is the following point:
[...].
Art. 4
1. In Annex III to the decree of President of the Council of Ministers 27
December 1988 concerning the specification of the environmental impact studies
by type of works, the following number is added:
[...].
Art. 5
1. The regulations referred to in this decree shall apply to installations for which the
date of entry into force of this Decree, the procedure has been completed
all'art.81 of which the decree of the President of the Republic July 24, 1977, n.
616, although pending the final consent decree by the
Minister of Public Works.
2. This Decree shall enter into force on the day following that of its
publication in the Official Gazette of the Italian Republic.
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Page 174
CIRCULAR March 30, 1990
OJ 13 April 1990, n. 87
Being subject to the procedure of the environmental impact of projects riguar-
giving the ports of the second category, classes II, III and IV, and, in particular, the "Ports
tourism "; art. 6, second paragraph, of the Law of 8 July 1986. 349 and Decree
the President of the Council of Ministers August 10, 1988, n. 377 (1)
1. The Ministry of the Environment has asked to know the opinion of the Council of
State all'assoggettabilit order to the impact assessment process
environmental art. 6, second and following paragraphs, the law July 8
1986. 349, the projects involving ports of second-class II, III and
IV and, in particular, the "Marinas". In the request for an opinion, formulated with
note 11 August 1989 n. 3324, it was found that clarification on the issue in
the subject was necessary because Article. 1, letter h) of the Decree of Pre-
dent of the Council of Ministers August 10, 1988, n. 377, included between the pro-
works jets subjected to the environmental impact assessment procedure
that those of the "trading ports", reproducing the definition used
the EEC Directive of 27 June 1985 n. 337, but is punctual
reflected in the classifications used by the internal regulations.
2. The Council of State, the second section, the opinion no. 851/89, made in
meeting of 27 September, it noted, agreeing with the formulation
of the question asked, that the name of "commercial port" is not derived
by positive law previously applicable to the 1985 directive, but it is tradi-
tionally used to connote the ports used for keeping and landing ships
cargo carriers, involved in maritime traffic of goods and / or people. Of
Conversely, the current administrative system of national ports, which dates from
Consolidated April 2, 1885, n. 3095, divides the ports into two categories (Art. 2):
- the first includes the ports that affect the general navigation or
Defense (military) and the security of the state. In the first case, these ports
They are commercial, as can be seen from the following art. 6, according to
paragraph, which states that if necessary for them "interesting work the com-
commerce, competence in expenses will adjust as the ports, which will
that slipway to be assimilated ";
- The second category includes the ports that serve primarily to
trade, divided into four classes:
1) the ports whose commercial movement has an intensity such as to interested
sare international shipping and an extended state;
2) the ports whose commercial interests moving one or more provinces;
3) the ports that are of interest of a substantial part of a single province;
4) the ports (and also the sinuses, the gulfs and beaches) that are not assignable
(As to territorial extent of their usefulness and quantity of goods
busy) to the three previous classes. Therefore, he concludes on the point
opinion of the State Council, both ports of the first category (if and to the
part they are not intended for military defense and the security of
State) and those of the four classes of the second category are
consider trading ports, thus falling in the proce-
hard environmental impact assessment.
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Page 175
In the same context also enter the most recent technical-operational innovations
tive in the field of ports, which are realized as a result of the con-
tinua evolution of the technique and of maritime traffic (so-called "terminals" of
Materials Energy coal, petroleum, gas, or various goods transported in "con-
tainers ", and the so-called industrial ports, which have arisen in the service and for the needs of
import and export of heavy industry factories MOST OF
all steel or other massive extractive industries and potash, soda,
pumice, cement etc. or chemical).
It follows, therefore, that the projects of port works in question must
require environmental impact assessment procedure, in
Under Article. 1, first paragraph, letter h) of the Decree of the President of the Con-
Council of Ministers August 10, 1988, n. 377 and Art. 6 of Law no. 349/1986,
of course stops the application of the transitional provisions in art. 1
second paragraph, he quoted. They are also subject to the zoning procedure
port, since there is no provision, in accordance with the regulations in force, the phase
the concept design, and should there have content such as to
be subjected to the judgment of environmental compatibility with reference to
the provisions of the decrees of the President of the Council of Ministers no. 377/88
and 27 December 1988.
3. It is not relevant, in the opinion of the State Council, which functions
administrative provisions relating to the ports of second-class II, class III and IV are
You were transferred to the regions with the art. 2, second paragraph, letter g) of the Decree
the President of the Republic n. 8/72 (v. Also Art. 88 of the Decree of the Presi-
Republic of tooth n. 616/77.) In fact, Article. 2, first paragraph, letter h) of
Decree of the President of the Council of Ministers August 10, 1988, n. 377,
It provides that the projects of trading ports should be forwarded
for the completion of the environmental impact assessment procedure before
the grant by the relevant ministers and the art. 8
fifth paragraph, of the Decree of President of the Council of Ministers 27
December 1988 also provides that the communication of the study of impact
environment for the works of art. 1, first paragraph, letter h) of Decree
the President of the Council of Ministers August 10, 1988, n. 377, both yield
Administration competent consultation with the Ministry of Merchant Marine.
Several considerations are, however, carried out for so-called "marinas".
This fact, according to the interpretation adopted by the advisory body, is dif-
ferenziano than commercial, destined to shelter and haven for ships
merchant, since they are intended at least primarily, because a
25% of the space for berth is a rule intended to shelter even
different ships to stop and hospitalization (often times superior to those
of navigation) of the pleasure craft, as well as ancillary activities to
navigation of such units. Appropriately then, according to the Council of
state, the EEC Directive of 27 June 1985 n. 337, he has regulated differently
the "trading ports" and "marinas" by introducing the first nel-
Annex 1 (ie between projects which must form the evaluation object), and
the second in Annex 2 (ie between projects shall be evaluated
"When they consider that their characteristics so require").
Therefore, since the decree of the President of the Council of Ministers August 10
1988 n. 377, which made subject to environmental impact assessment all
recalled projects listed in Annex 1, while, with regard to the annexed
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Page 176
Annex 2, has mentioned only the dams (and, of these, only in so far as a height
greater than 10 meters and / or a capacity exceeding 100,000 metri3), the tourism-ports
stici can not be considered included in the state, among the works whose projects
They must be submitted to the evaluation procedure in art. 6 of Law no.
349/86. As regards the general port facility identification definitive
bile as a marina, will be referred to a series of indicators, to
same way as the provisions of Article. 2, letter h) of the Decree of the President
of 15 January 1972, n. 8, such as membership system
same to special plans prepared and activated by the regions, the resulting
definitions in the regional laws where they exist, the destination of a
share of 75% to pleasure craft, the specific content of the projects
and other possibly deemed relevant. It should be noted that all operations
diportistica to your destination to be realized within commercial ports pree-
sistenti, even through the expansion of the water mirror or realizza-
tion of new additional structures, as far as their substantial changes
tial to existing plants pursuant to art. 1, second paragraph, of the Decree of
President of the Council of Ministers n. 377/88, will be submit to the
environmental impact assessment procedure.
(1) Issued by the Minister for the Environment.
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DECREE OF THE PRESIDENT OF THE COUNCIL OF MINISTERS OF 27/12/1988
Italian Official Journal n 4 of 05/01/1989
Technical standards for the preparation of environmental impact studies and formulated
lation of the referred art.6 compatibility judgment, L. of 8 July 1986 n. 349,
adopted under article 3 of the Prime Ministerial Decree of 10 August 1988, n. 377.
Since the article 6 of the law July 8, 1986, n. 349;
Since article 3 of the Decree of the President of the Council of Ministers August 10
1988 n. 377;
Having regard to Council Directive of the European Communities 85/337 of 27 June
1985 on the assessment of certain pro-
public and private jets;
Heard the Scientific Committee referred to in article 11 of the Law of 8 July 1986. 349;
Given the decision of the Council of Ministers in its meeting of 21
December 1988;
On the proposal of the Minister for the Environment, who has gained concert
Ministers responsible;
decrees:
art.1
Purpose.
1. For all categories of works under article 1 of the Decree of the President of the
Council of Ministers August 10, 1988, n. 377, have adopted the following standards
integrative techniques that define:
a) the contents of environmental impact studies and their articulation, the
documentation, the preliminary investigation and the formulation of criteria
the judgment of compatibility;
b) the components and environmental factors (Annex I);
c) characterization of components and environmental factors and the relationships between
these existing in the analysis and evaluation of the environmental system (Annex II);
d) the specific criteria to be applied in the preparation of studies in relation to
specific type of each category of works (Annex III);
e) the procedures to be applied for the thermal power plant projects and tur-
bogas (Annex IV).
2. The environmental impact assessment is made, taking into account the studies carried
tuati by the customer, after evaluation of the effects of the work on the system
environment with regard to components, factors, relationships existing between them,
state of the area affected quality.
3. The study of the environmental impact of been prepared in accordance with
regulations relating to programmatic frameworks, planning and
environmental and depending on the subsequent investigation of public activities
administration.
4. These technical rules supplement the requirements of article 2, paragraph 3, and
Article 6 of the Decree of the President of the Council of Ministers August 10, 1988, n. 377.
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art.2
Documentation of impact studies.
1. The buyer is obliged to attach to the ruling on the com-
Environmental bility, in three copies to the Ministry of the Environment and two respectively
mind to the Ministry for Cultural and Environmental Heritage and the region concerned,
the following acts:
a) the study of environmental impact structured according to the frameworks
set forth in articles, including the characterization and analysis;
b) the design documents;
c) a non-technical summary is intended to information to the public, with annexed
gati smooth playback of graphics;
d) the documents attesting to the publication pursuant
article 1, paragraph 1 of the Decree of the President of the Council of Ministers no.
377/1988.
2. The impact study has also been included:
a) scale cartographic documents adequate and in particular geographical maps
general and special chip, thematic maps, technical papers; aerial photographs;
tables; graphics and any excerpts of documents; reference sources;
b) any other documents deemed useful by the client or required by
Assessment Committee provided for in art.18 of the law 11 March 1988 n.
67, for special projects;
c) an indication of current legislation and regulation of the set-
tore concerning the construction and operation of the work, of the acts Interministerial Price Committee
vedimentali and advisory necessary for the implementation of the intervention, pre-
thereof and give those already acquired and those to be acquired;
d) synthetic exposure of any difficulties, technical deficiencies or to keep
absence of knowledge, encountered by the developer in data collection
required.
3. The accuracy of the allegations is attested by appropriate affidavit
made by professionals enrolled in professional registers, where they exist, or by
experts endorsing the study of environmental impact.
4. The data and information to which you apply the current rules for the protection of
trade secrets are excluded from advertising that article 5 of the decree of
Chairman of the Council of Ministers August 10, 1988, n. 377, and they can
be sent under separate cover.
Art.3
Programmatic Framework.
1. The policy framework for the study of environmental impact
It provides the elements of knowledge on the relationship between the work designed and acts
planning and territorial and sectoral planning. Such cost-elements
constitute benchmarks for the construction of the judgment compati-
environmental compatibility in art. 6. However, it is possible that the judgment of compatible
environmental bility has as its object the contents of said acts of pianifica-
tion and programming as well as the work according to the same.
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Page 179
2. The programmatic framework includes in particular:
a) description of the project in relation to the state of implementation of the instrument
minds planners, industry and territorial, in which it is framed the pro-
casting itself; for public works are set out any priorities
therein predetermined;
b) a description of the relationships of consistency of the project with the objectives per-
followed by the planning tools, highlighting, with regard to the
interested:
1) any subsequent changes with regard to the hypothesis devel-
ment assumed based schedules;
2) an indication of the interventions related, complementary or service
than we proposed, with possible thunderstorms forecasts
realization;
c) an indication of the times of intervention implementation and any
in service infrastructure and complementary.
3. The framework also describes:
a) the relevance of the project and the reasons for any changes appor-
tate after its original conception;
b) any inharmonies of provisions contained in separate instruments pro-
programmers.
Art.4
of design reference framework.
1. The planning framework describes the project and the solutions adopted
as a result of the studies, as well as the classification in the territory, intended
as a site and as a large area affected. It consists of two distinct parts, the first
of which, which includes the elements referred to in paragraphs 2 and 3, the explicit motivation
tions undertaken by the proponent in the definition of the project; the second, which
regards the elements referred to in paragraph 4, contributes to the assessment of compatibility
environmental and describes the technical reasons for the design choices and
measures, measures and interventions, even if not strictly related to the project,
that the proposer considers appropriate to adopt for the purposes of better insertion DEL-
the work environment, it being understood that the judgment of environmental compatibility
It does not relate to the work's compliance with planning tools, the VIN
coli, the easement and the technical regulations which regulates the realization.
2. The precise design of the framework pro- work characteristics
thrown, with particular reference to:
a) the nature of the goods and / or services;
b) the extent to which demand is met and its levels of satisfaction in
function of the different examined design hypotheses, this also with reference
chin hypothesis of absence of the intervention;
c) the expected qualitative and quantitative evolution of the relationship question-
offer referring to the estimated technical and economic life of the intervention;
d) the articulation of the activities necessary for the realization of the work in
construction phase and those that characterize the exercise;
e) the criteria that guided the designer's choices in relation to the forecasts
sions of the territorial transformations short and long-term conse-
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Page 180
lowing the intervention location, service infrastructure and
the possible induced.
3. For public works or public importance discusses the results dell'ana-
economic analysis of costs and benefits, where already required under existing regulations, and
highlighting in particular the following elements considered, the unit values
taken from the analysis, the investment internal rate of return.
4. In a planning framework are also described:
a) the technical and physical characteristics of the project and the areas occupied
during the phase of construction and operation;
b) the set of constraints and constraints of which is due to take into account
in the drafting of the project and in particular:
1) the technical rules that regulate the realization of the work;
2) the standards and requirements of urban planning tools, plans and territorial paesistici
-sectoral and sector plans;
3) the landscape, natural constraints, tectonic, archaeological arches, his-
rico-cultural, state-owned and hydrogeological, easements and other restrictions
the property;
4) the constraints induced by nature and vocation of the places and par-
ticolari requirements of environmental protection;
c) the technical reasons for the choice and design of the main alternatives
tive taken into consideration, suitably described, with particular reference
chin:
1) the process choices for industrial installations, for the production of
electric energy and for the disposal of waste;
2) the conditions of use of natural resources and raw materials
directly and indirectly used or concerned in the different
phases of the project and the work year;
3) the quantities and characteristics of the waste water, waste, emissions
atmosphere, with reference to the various stages of implementation of the project and
Operating the work;
4) the project needs executive level and tax management needs
or believed to be necessary as a result of the environmental analysis;
d) any measures not strictly related to the project or provvedi-
of managerial minds that should be taken in for con-
keep the impacts both during the construction phase, that of exercise;
e) the integration of optimization measures in the area and nell'am-
environment;
f) interventions aimed to rebalance any imbalances induced sull'am-
environment.
5. For industrial facilities subjected to the procedure contained in the Decree of the Pre-
dent of the Republic May 17, 1988, n. 175, the elements required to
preceding paragraphs which are included in the safety report referred to article 5
the aforementioned decree may be replaced by the copy of the presentation
same ratio.
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Page 181
Art.5
Environmental Framework.
1. For the environmental framework the impact study is developed
second descriptive criteria, analytical and forward.
2. With reference to the components and environmental factors involved in the pro-
jet, as indicated in Annex III supplemented, where necessary and in-
tense with the administration proposing the purposes of the overall assessment of
impact, from the components and factors described in Annexes I and II, the refer- framework
Environmental rimento:
a) defines the territorial scope - as a site and wide area - and systems
Environmental affected by the project, either directly or indirectly,
within which it is to be presumed that they can manifest significant effects
the quality thereof;
b) describes the environmental systems that are affected, highlighting the even-
tuale criticality of existing balances;
c) identify areas, components and environmental factors and the relationships between
they exist, which show a possible critical character, in order
to highlight the depth of investigation necessary in a given case
FIG;
d) documents the multiple intended uses of resources, priority in the use of
same and further potential uses affected by the implementation of
project;
e) documents the levels of pre-existing quality intervention for each
affected environmental component and any degradation
the resources in place.
3. In relation to the peculiarities of the environment so interested as defined in
Following the analysis referred to in the preceding paragraphs, as well as to the levels of-depth
Dimento necessary for the type of intervention proposed as specified nel-
Annex III, the environmental framework:
a) qualitatively and quantitatively estimate the impacts induced opera
on the environmental system, as well as the impacts of interactions with different
components and environmental factors, including in relation to ESI reports
hardship between them;
b) describes the modification of the conditions of use and enjoyment of the poten-
tial of the area in relation to the previous situation;
c) describes the outlook, following the intervention, the com-
ponents and environmental factors, their interactions and system
overall environmental;
d) describes and estimates the change, both in the short and in the long run, of
pre-existing levels of quality, in relation to the depth referred to
this Article;
e) defines the management tools and monitoring and, where necessary, networks
Spikes environmental monitoring, documenting the location of
measurement and parameters deemed appropriate;
f) illustrates the systems of intervention in the event of occurrence of emergencies
details.
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Page 182
Art.6
Investigation on the environmental compatibility.
1. The Board of art. 18, paragraph 5, of the law 11 March 1988 n. 67,
verify the project, including through ex officio assessment in relation to
specifications, descriptions and plans required by art. 2, paragraph 3, of the Decree of
Chairman of the Council of Ministers August 10, 1988, n. 377, and to the pre-
saw art. 6 of the Decree of the President of the Council of Ministers.
2. The investigation concludes with the reasoned opinion, taking into account the studies carried
tuati by the proposer and after evaluation of the effects, also induced, dell'o-
pear on the environmental system, comparing the situation at the time
communication with the prediction of the next. The Commission
also it identifies, if necessary, any requirements aimed at com-
environmental compatibility of the project.
3. The Commission may request the views of organizations and administrations
public and the scientific and technical advice of the State organs as it deems
should acquire under investigation.
4. Where it is verified the incompleteness of the documentation presented, the Mini-
Ministry of the environment shall ask, if possible in a single solution
tion, the necessary additions.
This request has the effect of negative interim pronunciation.
5. Remain still subject to the technical requirements relating to performance
works and installations and their safety under the provisions
current.
6. The purchaser of the works has the right to communicate to the Ministry dell'am-
environment - Committee on environmental impact assessments laid down
article 18, paragraph 5, of the law 11 March 1988 n. 67, the start of the studies
environmental impact and the consequent technical operations. President
the commission has the right to appoint observers who attend to sopral-
places, testing, experimental verification of models and other technical operations,
not easily repeatable, that they are functional to the study.
7. The committee also verifies the existence of the conditions
Exclusion of projects relating to the actions referred to in paragraph 3 of article 1
Decree of the President of the Council of Ministers August 10, 1988, n. 377.
art.7
of procedure transparency requirements and subsequent acts.
1. The Ministry of Environment ensures the consultation of non-technical summary
under article 2, paragraph 1, letter c), also through agreements with institutions
scientific or cultural public.
2. The compatibility judgment is made pursuant to Article 6, paragraph 4, of Law 8
July 1986. 349, by a definitive act that simultaneously considers the observed
vations, proposals and allegations submitted under paragraph 9 of mede-
simo art. 6, expressing on the same individually or by groups.
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Page 183
Art.8
Implementing provisions of Presidential Decree
Council of Ministers August 10, 1988, n. 377.
[1. For integrated chemical installations under article 1, paragraph 1, letter f) of Decree
the President of the Council of Ministers August 10, 1988, n. 377, refers to the in-
gether of two or more production units that perform processes of transformation
or synthesized, which combine to determine chemicals merceologica-
defined mind, if you can affect in particular the location and dimension
sions, the quantities of effluents, according to the following parameters individually
understood and reduced by thirty percent if the plant is located within
an area declared a high risk of environmental crisis under Article 7
Law 8 July 1986, n. 349:
a) Input materials at or above 200,000 tonnes / year;
b) water consumption greater than or equal to 2 cubic meters / second;
c) thermal power committed equal to or greater than 300 MW of thermal power;
d) engaged surfaces, including deposits, movements and other spaces
operating, amounting to 50,000 square meters or higher .;
e) the number of employees at or above 300.]
(Comma suppressed by art. 1 of the Presidential Decree on 11 February 1998.)
2. For projects of the plants referred to in paragraph 1 shall be construed in accordance
article 2 of the Decree of the President of the Council of Ministers August 10, 1988, n.
377, the highest executive projects accompanied by particulars of the pro-
industrial processes and which must be forwarded before the pre-authorizations
by current provisions views.
3. For projects of integrated steelworks initial smelting of cast iron and DEL-
steel means the maximum projects accompanied by the indications imple-
tive related to the industrial process and which must be submitted before
authorizations required by current regulations.
4. With regard to airports, the procedure provided for in article 6 of the law 8
July 1986. 349, applies to the airport system as a whole, as well as
to the maximum of the works projects should involve substantial change
of the system itself and its appurtenances in relation to environmental profiles:
a) in the case of new airports or existing airports for which pre-
He sees the realization of a length exceeding 2,100 meters or slopes to the
prolongation of existing ones over 2,100 meters;
b) in the case of existing airports with long runways of at least
2,100 meters, when it is expected substantial changes to regulations plan
Airport regularly connected to the increase in air traffic and com-
bring essential spatial variations and dell'infra- territorial implications
structure itself.
5. The communication of the environmental impact study for the works which
art.1, paragraph 1, letter h) of the Decree of the President of the Council of Mini-
stri August 10, 1988, n. 377, will be made by the competent administration, SEN-
tito the Ministry of Merchant Marine.
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Page 184
Art.9
Entry into force.
1. This Decree shall enter into force on the day following that of its
ANNEX I
COMPONENTS AND ENVIRONMENTAL FACTORS
1. The study of the environmental impact of a work in relation to the framework
environment must consider the natural and human components inte-
ressate, the integrations between these and the environmental system taken as a glo-
Balita.
2. The components and environmental factors are well understood:
a) atmosphere: air quality and characterization meteoclimatic;
b) aquatic environment: groundwater and surface water (sweet, salty
and marine), considered as components, such as environment and resources;
c) soil and subsoil: construed under the geological profile, geomorphology and
pedological, in the context of the environment in question, as well as resources
non-renewable;
d) vegetation, flora, fauna, plant communities and animal associations,
the most significant buildings, protected species and natural balance;
e) ecosystems: complexes of components and physical factors, chemical and biological between
their interacting and interdependent, forming a unitary system and
identifiable (such as a lake, a forest, a river, the sea) for their
structure, operation and temporal evolution;
f) public health: as individuals and communities;
g) noise and vibrations considered in both the natural environment relationship
human;
h) ionizing and non-ionizing radiation considered in relation all'ambien-
You both natural and human;
i) landscape: morphological and cultural aspects of the landscape, identity of
human communities concerned and their cultural heritage.
ANNEX II
CHARACTERIZATION AND ANALYSIS OF COMPONENTS
AND ENVIRONMENTAL FACTORS
1. The analysis, referring to representative situations and articulated according to the criteria
described art.5, are carried out in relation to the level of detail neces-
sary for the given type of intervention and the peculiarities of the environment inte-
the person concerned, by following, for each of the components or environmental factors,
criteria. Whenever the analysis indicated are not carried out will be Bremer
vemente clarified its technical nature of motivation.
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2. The results of the surveys and estimates will be expressed from the point of view
methodological, by means of defined parameters (explicit for each of them the
detection method and processing) that allow to carry out con-
significant fronts between the current situation and the situation referred to.
3. The analysis referred to in this Annex, where the state of non-detections
allows a rigorous knowledge of data for the state characterization
environmental quality, will be carried out through appropriate detections and / or
the use of appropriate forecasting models.
4. In relation to paragraphs 1 and 2 may also be used experiences
detection carried out at the stage of similar works already in operation control.
5. The characterization and analysis of the environmental components and the relationships between
they exist are:
A. Atmosphere. The objective of the characterization of the state of air quality and
of meteorological conditions it is to establish the environmental compatibility
both possible emissions, even from mobile sources, with the regulations in force, both
of possible causes for meteorological disturbance to the natural conditions.
The analyzes relating to the atmosphere are therefore carried out through:
a) conventional meteorological data (temperature, rainfall, humidity
relative wind), related to a significant period of time as well
Any additional data (solar radiation, etc.) and concentration data
tion of gaseous species and particulate material;
b) the characterization of the physical state of the atmosphere through the definitive
tion of parameters such as: anemometer regime, rainfall regime,
air humidity conditions, budgetary terms radiative and energy;
c) the prior characterization of the state of air quality (gas and
particulate material);
d) detection and characterization of pollution sources;
e) the prediction of the effects of transport (horizontal and vertical) of
effluents by means of atmospheric diffusion models;
f) forecasts of the effects of physical and chemical transformations of the effluents
through atmospheric models of transformation processes (fotochi-
mica or in the liquid phase) and removal (wet and dry), applied to the par-
ticolari characteristics of the territory.
B. Water Environment. The objective of the characterization of the river basin conditions
fiche, hydrological and hydraulic, quality status and uses of water bodies:
1) establish the environmental compatibility, according to the regulations in force, the
quantitative variations (withdrawals, discharges) induced by the intervention pro-
place;
2) to establish the compatibility of the physical modifications, chemical and bio-
cal, induced by the proposed intervention, with the current uses, and provided
potential, and with maintaining the internal balance in each body
Water, also in relation to other environmental components. The analysis con-
cernenti water bodies include:
a) the qualitative and quantitative characterization of the water body in
its different matrices;
b) the determination of the movements of the water masses, with particular
about the river regimes, to wavy phenomena and oceans and
related to any modifications caused by the intervention. For courses
water it will have to evaluate, in particular, the possible effect of alteration
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tion of the hydraulic regime and currents. For lakes and seas will
determine the possible effect on the waves and currents;
c) the characterization of the natural sediment transport, with and without inter-
wind, even with regard to the erosion of the coastline and the interri-
minds;
d) estimating the pollutant load, with and without intervention, and localizza-
tion and characterization of the sources;
e) the definition of existing uses, including natural vocation;
expected.
C. Soil and subsoil. Objectives of the characterization of the soil and of the sub-
soil are: the identification of changes that the proposed intervention can
cause the evolution of exogenous and endogenous geodynamic processes and
determination of the project actions compatible with the balanced
utilization of natural resources. The analyzes of soil and sub-
soil are therefore carried out, in spatial and temporal areas adapted to
type of intervention and the state of the environment concerned, through:
a) geolithological and geo-structural characterization of the territory, the definition
tion of the seismicity of the area and the resolution of any vulnerabili- phenomena description
canici;
b) the hydrogeological characterization of the area directly involved and
indirect intervention, particularly with regard to the infiltration
tion and circulation of waters in the subsoil, the presence of flaps
groundwater and water related emergencies (springs, wells), the vulnerabi-
ity of aquifers;
c) the geo-morphological characterization and identification of the processes of
modeling in place, particularly with regard to the phenomena of ero-
sion and sedimentation and for mass movements (slow movements
in the regolith, landslides), as well as the development trends of the slopes, the
flat alluvial and coastlines may be affected;
d) the determination of the geotechnical characteristics of soils and
rocks, with reference to the problems of instability of the slopes;
e) the soil area concerned characterization opera pro-
mail, with particular reference to the physico-chemical composition of the
soil, to its biotic component and their interactions, as well as to
genesis, the evolution and the operating capacity of the soil;
f) the geochemical characterization of the solid phases (minerals, substances orga-
niche) and fluid (water, gas) present in the soil and in the subsoil, with par-
ticular reference to the elements and natural compounds of nutritional interest
tional and toxicology.
Every feature and every geological phenomenon, geomorphological and geopedolo-
game will be examined as an effect of endogenous and exogenous dynamics,
as well as human activities and therefore as a product of a series of transformation
tions, the result of which is detectable at the observation time and is predictable
for the future, both in the absence and presence of the work planned.
This framework will be defined, for the large area where you insert the opera,
geological risks (in a broad sense) connected to variously predictable events
(Seismic, volcanic, landslides, meteorological, marine, etc.) And characterized by dif-
wounding entities in relation to human activity at the site selected.
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D. vegetation, flora and fauna. The characterization of the quality levels of
vegetation, flora and fauna present in the interesting environmental system
sato from the work is accomplished through the study of the present situation and
foreseeable impact on them of the project actions, bearing in mind the
constraints imposed by law and the respect of the natural balance. Analyzes
They are carried out through:
a) vegetation and flora:
card of the present vegetation, expressed as dominant essences
based on aerial photography and physiognomic analysis surveys
direct;
significant potential flora (rare and protected species and populations, the
the basis of existing and weather formations);
paper of forest units and pastoral purposes;
lists of plant species on the site directly concerned
opera;
when the case requires it, phytosociological surveys in the inter-
wind;
b) fauna:
list of presumed vertebrates (mammals, birds, reptiles, amphibians
and fish) on the basis of the areas, the habitats present and the documentation
tion available;
List of significant potential invertebrate fauna (endemic species
or otherwise biogeographic interest) on the basis of the documentation
tion available;
when the case requires it, direct measurements of real-vertebrate fauna
This mind map of important wildlife areas (of reproduced sites
duction, of refuge, wintering, feeding, of transit corridors
website etc.) also on the basis of specific surveys;
when the case requires it, direct surveys of invertebrate fauna
in the site directly affected by the work and ecosystems
Water interested.
E. Ecosystems. The objective of the operation and characterization of forty
ity of an environmental system is to establish the significant effects determined
born from the work on the ecosystem and ecosystem formations within it
internal. The analyzes relating to ecosystems are made through:
a) the identification of natural ecosystem mapping unit and anthropogenic
magpies in the area affected by the intervention;
b) the at least qualitative characterization of the structure of ecosystems
themselves through the description of the respective components and abiotic
biotic and dynamics of them, with particular reference to both the role
played by food on the conveyor chains, the possible accumulation and
on transfer to other species and man of contaminants, which at
capable of self-purification of them;
c) when the case requires it, direct measurements of the degree of maturity
ecosystems and on the state of quality of them;
d) the estimation of biological diversity between the current situation and the potential
this habitat in question, referred to the most significant species (fauna
vertebrate, aquatic macroinvertebrates and vascular plants). In particular
It will confront the ecological diversity present with the optimum hypothesized
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bile in similar situations with high naturalness; the criticality will also hexa-
undermined by analyzing the high vulnerability situations encountered in connection
to existing pressure factors and at the present state of degradation.
F. Public Health. The quality of the state characterization Objective DEL-
the environment, in relation to the welfare and human health, is to verify
loved the compatibility of the direct and indirect consequences of the works and
their exercise with the standards and criteria for risk prevention riguar-
giving the human health in the short, medium and long term. Analyzes are carried
cuted through:
a) by the characterization of human health point of view, the environment
and potentially affected communities, in the situation where you pre-
feel before the implementation of the project;
b) the identification and classification of the significant causes of risk
to human health from pathogenic microorganisms, chemicals and
biological components, power quality, noise, vibration,
ionizing and non-ionizing radiation, connected with the work;
c) the identification of eco-toxicological risks (acute and chronic in nature
reversible and irreversible) with reference to the national regulations, com-
munity and international, and the definition of the relevant emission factors;
d) description of the fate of the pollutant, identified attra-
towards the study of the environmental system in question, the dispersion processes
sion, diffusion, transformation and degradation and food chains;
e) the identification of the possible conditions of community exposure
and related areas involved;
f) the integration of the data obtained in the context of other sectoral and analysis
the verification of the compatibility with the current legislation of the levels of exposed
sition provided;
g) the consideration of any groups of individuals particularly SEN-
wheezing and the possible combined exposure to multiple risk factors.
As regards transport infrastructure, the survey should cover
the definition of standards of quality and safety of working conditions,
Also with reference to what is specified above.
G. Noise and vibrations. The characterization of the quality of the environment in
relation to noise should allow to define the changes introduced dall'o-
pear, verify the compatibility with the existing standards, with the balance
natural and public health and to safeguard the performance of atti-
anthropogenic activity in the affected areas, through:
a) the definition of the noise map in accordance with the specified mode
in International Standards ISO 1996/1 and 1996/2 and estimate of modifiers
tions as a result of realization of the work;
b) definition of the sources of vibration acceleration with appropriate reliefs
in three basic directions and with characterization in terms of ana-
sectoral lysis and temporal occurrence in the manner prescribed
in International Standard ISO 2631.
H. ionizing and non-ionizing radiation. The characterization of the quality
environment in relation to ionizing and non-ionizing radiation must con-
feel the definition of the changes induced by the work, check the com-
bility with the existing standards and the prevention criteria Man- damages
environment and to humans through:
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a) a description of average and maximum levels of radiation present nell'am-
ment concerned, of natural causes and human activities, before dell'inter-
wind;
b) the definition and characterization of sources and emission levels of
predictable radiation as a result of the intervention;
c) the definition of the issued amounts per unit of time and fate of
material (taking into account its site characteristics) if
the implementation of intervention may cause the release into the environment of
radioactive material;
d) the definition of the expected levels in the environment, as a result dell'inter-
wind on the basis of the foregoing for the different types of radiation;
e) definition of the consequent exposure scenarios and their interpretation
tion in the light of the relevant reference parameters (standard, criteria
acceptability, etc.).
I. Landscape. The objective of the characterization of the quality of the landscape with
reference both to historical witnesses and cultural aspects, both aspects
related to visual perception, it is to define the actions exerted disorder
by the project and the changes made in relation to environmental quality. There
quality of the landscape is therefore determined through the analysis concerted
nents:
a) the landscape in its spontaneous dynamics, through the examination of the com-
natural components as defined in the preceding components;
b) agricultural, residential, manufacturing, tourism, recreational, the
infrastructural presences, their layers and the relative incidence on
degree of naturalness present in the system;
c) the natural and human conditions that caused the evolution of land-
essay;
d) the strictly visual or cultural-semiotic study of the relationship between
subject and environment, as well as the processing and creation roots
tion of the landscape by man;
e) paesistici and territorial plans;
f) environmental, archaeological, architectural, artistic and historical.
ANNEX III.
According to categories of works listed in art. 1 of the Decree of Pre-
dent of the Council of Ministers no. 377/88, the provisions of Articles 3,
4 and 5 of the decree are thus specified and integrated:
1. Industrial equipment (crude oil refineries, gasification plants
and liquefaction of coal or bituminous shale, integrated steel mills first
melting of cast iron and steel, integrated chemical plants, for the e-
asbestos administration, for the treatment and processing).
As for the programmatic framework in art. 3, will be held
account of the following acts of planning and sectoral planning and area:
national plans of the sector concerned;
national energy plan;
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regional plans and large area for the preservation and environmental remediation,
territorial and landscape plans, plans for industrial activities;
local planning instruments.
As it regards the design framework to integrate and
specification of the provisions of Art. 4, paragraph 4, you will have to provide for
following requirements:
list of rules and regulations, including local, related to the welded
tection and environmental protection and the protection of the population, which
apply to technologies used in production processes or construction,
with reference in particular to the protection of air quality, the protection of
water, use and transportation of flammable, explosive or toxic,
the safety of industrial plants, waste disposal;
criteria choices about the technology of process systems and Stock-
caggio of fuels, raw materials, products and by-products and waste; of
abatement systems of pollutant emissions into the atmosphere and treat-
chin of liquid effluents, the treatment systems, air conditioning and
disposal of solid waste and by-products; of recovery assumptions and
recycling of by-products and / or waste;
description of the production systems and process with indication of the quantity and
physico-chemical characteristics of the materials used and the final ones and intermediates;
description of the operational conditions of the relevant process steps of
systems for the prevention of various forms of pollution (abbatti-
chin of air pollutant emissions, sewage effluent
liquid, treatment and disposal of solid waste, reduction of noises, vibrations
tions, odors, etc.), monitoring and civil infrastructure systems;
description of the transport infrastructure and storage of materials pro-
process or service (port terminals, depots, oil pipelines, gas pipelines and electro-
ducts, including the terminals);
description of the consumption or use of raw materials and natural resources;
any other specific information relating to particular process technologies or
use of the materials used in the specific plant;
analysis of malfunctions of systems and / or processes with possible ripercus-
environmental sions (uncontrolled releases of pollutants and
harmful, toxic and / or flammable into the atmosphere or into water bodies, the radio releases
activities, explosions and fires, interruption of activity, etc.), accidents during
Dangerous transport, identifying in quantitative terms (amounts, rates
escape, reaction time, duration, etc.) of the possible causes of disturbance
against defined environmental components; description of the systems
preventive and protective (active and / or passive interventions); any predispositions
for emergency situations;
type and anticipated duration of the eventual dismantling work, with indication
tion of any atmospheric residue liquid or solid products; description of
tion of existing installations; plans of reclamation and remediation.
According to art. 5, paragraph 3, you will have to describe and estimated
Sea the effects on the environment with reference to the above, as well as to
design choices and the identified mitigating measures.
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2. Thermal power stations and plants for the production of electrical energy (plants
combustion, nuclear power plants and other nuclear reactors).
transport plans;
specification of the provisions of Art. 4, paragraph 4, you will have to provide for
list of rules and regulations, including local, related to the safe-
guard and protection of the environment and protection of the population, which is applied
cano to the technologies used in production processes and construction, with rife-
rimento in particular the protection of air quality, water conservancy,
to ionizing radiation, use and transport of inflammable substances,
explosive or toxic to plant safety, waste disposal;
choices on the criteria of the thermal cycle technology, the systems con-
tenimento and abatement of pollutants in atmospheric emissions and in
liquid effluents, the treatment systems, conditioning and disposal of
solid waste and by-products and their recovery or recycling, with reference
the rules and provisions set out above and any technical standards of the sector;
description of the production systems and process, with particular reference to
steam generation system and / or heat, to the cooling system
Central, to systems for the prevention of various forms of pol-
friendly way (abatement of air pollutant emissions, purification
of liquid effluents, treatment and disposal of solid waste, reduction of
noise and vibration, etc.) and monitoring systems;
description of the electrical infrastructure and power lines, the infra-
civil ture and transport infrastructure and storage of fuels and other
process materials or service (port terminals, bunkers, tanks, oil-
ducts, pipelines or other transport materials of linear systems);
describing the use of raw materials and natural resources, with regard
particular the removal of surface water or groundwater;
any other specific information relating to particular process technologies or
employed in the use of specific plant materials, in relation to the condi-
existing environmental conditions in the proposed site for the settlement;
analysis of malfunctions of systems and / or processes with possible ripercus-
environmental sions (uncontrolled releases of pollutants and noxious substances
ve on the soil, flammable into the atmosphere or into water bodies, explosions and fires,
business interruption, etc.), as well as the possibility of accidents during trans-
sporti dangerous, with detection in quantitative terms (amount, rate of
escape, reaction times, duration, etc.) of the possible causes of disturbance estimated
tion against defined environmental components; description of systemic
I preventive and protective (active and / or passive interventions); any predisposition
tions for emergency situations;
type and anticipated duration of the eventual dismantling work, with the indi-
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cation of atmospheric residues, liquid or solid products; description of even-
tuali possibility of the plant re-use for other purposes; transformation de-
existing plants; plans of reclamation and remediation;
natural recovery purposes.
As provided for by Article 5, paragraph 3, you will have to describe and estimated
3. Linear Transport infrastructure (motorways and express roads,
lines for long-distance traffic).
account of the following acts of programming and planning of the field area:
ANAS year plan, related implementation excerpts, ANAS extraordinary plans;
General transport plan;
other programming tools and financing;
regional plans and large area for the preservation and environmental sanitation
such, territorial and landscape plans;
In indicating the timing of the intervention implementation, attention DO-
VRA also be placed on the eventual opening exercise of infra-
ture for logs, highlighting the consequences on the network.
specification of the provisions of Art. 4, paragraph 4, it will be necessary to
in the project description of the route choices will be justified Raf-
paring the chosen solution with those alternatives, highlighting the
motivations of such choice on the basis of technical parameters, eco-
nomic and environmental, with reference in particular to:
track and profiles;
typological solutions (viaduct, tunnel excavation, detected, satin) and their relative
interrelationships;
They will be indicated to the nature, quality and origin of the materials necessary
for the construction work, as well as provided information about the avail- quarries
bili in accordance with current legislation and usable for as regards their
geological characterization and potential; in the case of exclusively hollow
open and used as a function of the work in question, will the specified
technical procedures that must follow the contractor for the rehabilitation of
same quarries after their use;
bring the landfill, locating the maximum the same and providing the fashion-
Technical ity to which it must respect the contractor for the accommodation of the same.
Concerning the construction phase, the elements acts will be provided to
identify the main expected impacts, including an indication of the requirements to be
included in projects and in the contract documents for the containment of these
impacts and for environmental remediation.
With reference art.5, you have to describe and estimate the related effects:
the possible variation of the surface water regime and, if interception
tate, deep water;
the concentrations of the atmospheric pollution due to the springs in
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movement, in relation to particular weather-climatic conditions and orogra-
fiche and in reference to the different sensitivity of the receptors;
to noise pollution levels and vibrations, in relation to
protection of inhabited areas and areas of recognized importance or criticality
environmental;
the amendments to the geo-morphological characteristics of the soil and subsoil
induced as a result of realization of the infrastructure;
the consequences of removal of land use and limitation and / or areas of
territorial continuity of recognized environmental importance or criticality;
landscaped to effects related to the realization, also understood in
terms historical and cultural witness;
the containment measures of the possible impacts connected to the spill
accidental of pollutants, in relation to the expected severity of
environmental risk consequences, with particular attention where the track
water interests destined to drinking or otherwise whose pollution
can affect human health.
4. Airports.
General transport plan;
National Airports Plan;
territorial and landscape plans;
indicate the nature, the quantity and origin of the material needed to
construction work, as well as provide information about the available slots
According to current legislation and usable for as regards their char-
authorization and geological potential; in the case of exclusively open quarries and
used depending on the work in question, being given the tech- mode
niche in which it must respect the contractor for the rehabilitation of quarries themselves
after their use. There must also be identified quality and, where possi-
bile, quantities of materials to bring the landfill, locating rough
the same and providing the technical procedures which must follow the contractor
for the accommodation of the same;
describe the phenomena related to pollution from noise (preparation of
special thematic maps according to the circular of the generated Direction
rale 45/3030 Civil Aviation, n. 327);
describe the system for the disposal of rainwater;
describe the waste disposal system (with indications of quality and volumes);
describe the transport infrastructure and storage of fuels and car-
buranti, as well as goods that can be relevant from the point of view
environmental;
the methods of the constraints in the area deriving dall'appli-
cation of the law February 4, 1963, n. 58;
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compare the consistency with the provisions of ICAO - Annex 14.
As for the environmental framework which article 5, paragraph
3, considering that during operation the possible degradation of the environmental quality
such induced airport infrastructure is due to pollution
product from moving sources and physical encumbrance of the work on the ter-
Thorium, as well as the management of services connected to the exercise of OPERATIVE
SPAN, the impact study will investigate the cognitive analysis and forecasting in
order to those components that are most directly connected.
5. Ports and waterways.
As regards the programmatic reference framework referred to article 3, is
will consider the following acts of programming and planning of industry and
area:
General transport plan, with respect to port systems;
code of navigation and the regulation of the concessions business in
territorial waters and adjacent areas under national jurisdiction;
Plans Sectoral Planning: yachting;
fishing, commercial port facilities;
floor of the coasts;
sectoral regional programs of action in the planning
National: yachting; fishing;
commercial ports;
regional plans and large area for the preservation and environmental sanitation
such, territorial and landscape plans, the coastal and marine environment protection;
local planning instruments and port master plan.
describe the prediction of traffic flows by sea and by land; for these
last relations between quantity and quality of the goods will be highlighted and
transport modes in order to optimize the infrastructure of the liaison network
chin with the territory and alleviate any related environmental interactions;
in the case of extensions, to clarify references to the possible port system
local;
illustrate, even through the forecasting models used, the interactions between the
harbor works and the current and future structure of the coastline;
describe the configuration of the water surfaces protected by the dock
in relation to the interchange with the external marine environment, with reference
the protection needs of the basin by the waves;
indicate the nature, the quantity and origin of the material needed to
construction work, as well as provide information about the available slots
According to current legislation and usable for as regards their char-
authorization and geological potential; in the case of exclusively open quarries and
used depending on the work in question, being given the tech- mode
niche in which it must respect the contractor for the rehabilitation of quarries themselves
after their use;
describe the measures to minimize the risk of pollution of the body
water (runoff from yards and docks, sewage and emissions
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by vessels, ballast water, etc.), also in relation to quality dell'am-
surrounding marine environment;
identify the nature and quantity of the materials coming from the dredging, indi-
cando of the highest point of land or sea landfill and providing the down-
environmental stificazione the choice made.
6. technological installations (plants intended solely for the storage defi-
nal or the disposal of radioactive waste, disposal facilities
toxic or harmful waste by incineration, chemical treatment or Stock-
caggio).
As for the programmatic framework in art. 3, you
will consider the following acts of programming and planning:
national and regional sector plans;
Also list of Local rules and regulations relating to the safe-
guard and protection of the environment and the protection of the population, which
apply to technologies used in production of construction processes,
transport, treatment and storage of materials;
rough indication of the quantity and physico-chemical characteristics of the
materials for which the facility is designed;
description of the infrastructure and arrangements for the transport and confer
rimento of waste;
criteria in decisions about the technology of treatment and conditional loop
of supply, of the containment systems and abatement of pollutants in
emissions to air and in liquid effluents, by-products and of any
their use with reference to the current standards;
indication of the maximum of the volumes and quantities produced per unit of time, in relating
tion emissions into the atmosphere and in liquid effluents, to substances and flows
energy eventually produced and issued and the fate of the final slag;
infrastructure handling, treatment and storage of waste and
any other specific information relating to particular technologies or the use of
materials used;
description of the consumption or use of raw materials and natural resources;
analysis of systems malfunctions and / or processes with possible repercussions
environmental (uncontrolled releases of pollutants, harmful, tos-
siche on the ground, in the atmosphere or in water bodies, explosions and fires, etc.), with
detection in quantitative terms (amount, leakage rates, durations, etc.) of
possible causes of disruption against defi- environmental components
nite; description of preventive systems and active and / or passive interventions;
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Conventional monitoring systems and, where necessary, radiometric.
7. water control systems (dams and other installations designed to UNTREATED
hold, adjust or store water in a sustainable way).
As regards the programmatic reference framework referred to article 3, is
will consider the following acts of programming and planning:
general plane of the aqueducts;
national agricultural plan;
basin plans;
sectoral regional programs;
will be indicated the nature, the quantity and origin of the materials needed for
the construction of the work;
They will be given directions about the quarries available under the law
valid and usable with regard to their geological characterization and
potential; in the case of open quarries and used exclusively as a function of
works in question, techniques, procedures will be specified in which it must respect
the contractor for the restoration of the same quarries after their utilization.
With reference to paragraph 3 of art. 5, the study will describe and predict
the possible effects on the environment of the reservoir and associated works, is
during construction and for the following year, with regard to:
the effects on the climate and on the resulting micro-climate to invaded not less than 20
million cubic meters of water and / or 100 hectares of maximum liquid surface, unless signifi-
ficativa influence of temperature and humidity in cases of documented relevance
environmental;
the modifications induced to the surface and underground water system, both during
Construction of that exercise, and related effects, including those resulting
on the quality of the water concerned;
the effects on the morphology of the area, with particular reference to the oscillation
ies of the free surface of the reservoir;
any of pedological changes to the affected area;
the effects on vegetation, flora, fauna and habitats;
the landscaped effects related to work realization, also understood in
historical and cultural terms;
the effects produced by the physical removal of flooded areas and / or flood;
the effects of sediment transport subtraction, both along the river channel is about
coasts;
water quality and the state of the places surrounding the reservoir in order to veri-
ifying potential additional uses of these (tourism, fishing, etc.) in addition to the
expected;
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the effects of human activity and their environmental consequences due to realiz-
tion of access roads, whether for public use.
8. external power lines aircraft for the transport and distribution of energy elec-
trica with a nominal voltage higher operating at 150 kV and with track
length of 15 km.
As for the programmatic framework in art. 3
Decree of the President of the Council of Ministers of 27 December 1988, will be considered
the following acts of programming and sector planning and area:
National and regional energy plan;
any programming tools and financing;
regional industrial development plans;
any plans for network development.
As regards the design framework to integrate and spe-
fication of the provisions of Article. 4, paragraph 4 of the Decree of the President
Council of Ministers of December 27, 1988 it must provide the following
fulfillments:
illustrate the path chosen by comparing the chosen solution with the alter-
native, highlighting the reasons for the proposal in relation to:
housing and residential settlements;
industrial settlements;
intersection with roads, railways, waterways and other infrastructure trans-
filed;
landscape and monumental sets interested emergencies, landscape and
nature;
describe the project, highlighting in particular the operating voltage and
currents in maximum load conditions;
highlight constructive elements, with particular reference to:
geometry and spacing of the support pylons;
number and type of conductors;
disposition and mutual distance of the conductors;
present theoretical analysis of the distribution of the electric and magnetic fields
as a function of distance from the axis of the line, up to distances of at least
twice the limit of the area subjected to easement of power line;
analyze the noise levels produced, even in the worst environmental conditions
such, from micro electric discharges (corona effect).
With regard to the environmental reference framework referred to article 5,
paragraph 3 of the Decree of the President of the Council of Ministers on December 27
1988, they will have to describe and estimate the effects on the environment with reference
in the preceding paragraphs, as well as to design choices and measures of attenuation
tion adopted.
Having gathered the following definitions:
electric field intensity: the root mean square value of the three components
mutually perpendicular in which you can think decomposed the vector field
Electric at the point considered, measured in volts per meter (V / m);
intensity of magnetic induction: the root mean square value of the three compo-
nents mutually perpendicular in which you can think decomposed vector
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magnetic field at the point considered, measured in tesla (T), as far as
It concerns the limits for exposure of the population to electric and magnetic fields
due to the presence of power lines, they must not be exceeded, up to
enactment of the specific measure under article 2, paragraph 14, of the
Law 8 July 1986. 349, the following values, suggested by the international Committee
nal for non-ionizing radiation and the International Association for
radiological protection ( "Interim Guidelines on Limits of Exposure to 50/60
Hz Electric and Magnetic Field ".January 1990):
5 KV / m and 0.1 MT, respectively, for the intensity of the electric field and indus-
Magnetic tion, are areas in which it could reasonably be expected
that individuals of the population spend a significant part of the BUSINESS DAYS
born;
10 KV / m and 1 MT, respectively, for the intensity of the electric field and indus-
tion magnetic in the case where the exposure is reasonably limited to
a few hours a day.
The electric field values are referred to the unperturbed electric field intention
dendosi for such a measurable electric field at a point in the absence of per-
sone, animals and things not fixed.
Regarding the height of the conductors on the ground and the relative distances
from buildings will be referred - until the enactment of Decree of the Presi-
tooth of the Republic under article 2, paragraph 14 of the Law of July 8, 1986, n.
349 - the Ministerial Decree of 16 January 1991 by the Ministry of Public Works
"Updating the technical standards for the regulation of construction and DEL-
the exercise of external overhead lines ", published in the Official Journal
cial n. 40 of 16 February 1991.
ANNEX IV
PROCEDURES FOR THE CENTRAL PROJECTS
PLANTS AND TURBOGAS.
art.1
1. The location and authorize the construction and operation of new
thermal and gas turbine power plants, to be installed on land or in the water
territorial, and authorizing changes of thermoelectric power plants
triche existing, to be made by ENEL, are governed by the following
regulations issued pursuant to the second sentence of paragraph 2 of Article
17 of Presidential Decree of 24 May 1988, n. 203.
art.2
1. For the application of the provisions of this Annex apply the definitions
tions that follow:
a) of thermoelectric power plant section: coordinated system to convert,
through the production of steam, the thermal energy of fuels
electric energy; it consists essentially of steam generator,
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turbine, regenerative cycle, alternator, transformer, cooled circuit
damento, logistics system for the supply of fuels
and other components;
b) thermal power plant: complex of one or more thermoelectric sections;
c) expansion of thermal power: one or more thermoelectric sections
triche to be realized in the area contiguous to the existing plant;
d) the central section of the gas turbine: coordinated system for converting, through
an air cycle, the thermal energy of fuel into electrical energy; it
It consists essentially of a gas turbine, alternator, and transformer;
e) turbogas: complex of one or more gas turbine sections;
f) changes the maximum authorized project with the decree mentioned
or article 11 of the existing thermoelectric power plant: major variation
in the electric power increments of existing sections, even with
gas turbine in combination or not with the thermoelectric power plant, and / or
variation that involves entering new foreign substances nell'am-
environment and / or variation involving employment of external areas to those
of central relevance.
Art.3
ENEL 1. The multiannual programs are approved on the proposal of Minister
Industry, Trade and Handicraft, from CIPE.
2. In these programs will be in particular mentioned:
a) the geographical areas in which it is appropriate to implement the new power plants
Thermal and / or expansion of existing ones, as well as other
central electricity production, taking into account the requirements
energy of these areas, including in relation to the needs of a balanced
economic development of the country, as well as the location of the sources ener-
national Getian;
b) fuels for thermoelectric plants, taking into account the neces-
saria diversification of energy sources.
Art. 4
1. The ENEL, on the basis of multi-annual programs approved by CIPE, taking
account of the essential technical requirements associated with thermoelectric plants
triche to be carried out, carries out studies relating to each site that intends to pro-
ask for the preparation of the documentation referred to in paragraph 4.
2. The ENEL informs the start of the aforementioned studies, the Ministry of the environment,
Ministry of Defense, the region, the province and the municipality territorially
concerned and, with regard to power plants in territorial waters, the Mini-
stero the merchant navy, to allow the same to formulate even-
tuali preliminary observations.
3. Where it is necessary intruding on private property to retrieve items
necessary for the preparation of the environmental impact study, apply the
Articles 7 and 8 of the Law of 25 June 1865 n. 2359. The required notice to pro-
ers will be given directly by ENEL.
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4. ENEL, to the release of provisions in art. 11, proposes to
Ministry of Industry, Trade and Crafts for each hundred
tral thermoelectric the site deemed suitable, presenting the general project
the plant itself or its expansion, the general project of
works connected and port infrastructure, waterways, roads and railways
deemed necessary, the environmental impact study in accordance with the scheme predi-
She moves by the Minister pursuant to art. 5 and the synthesis ratio
the same study.
5. Identical documentation is sent by ENEL to the Ministry of the Environment, the
region, the province and the municipality territorially interested.
6. ENEL itself gives news of the power plant project presentation on
most popular local newspaper and on a national, while the region, province and
Common make available to the public the documents submitted
ENEL.
Art.5
1. The Minister of Environment defines the format under which must
be prepared the environmental impact studies in art. 4 as well as cri-
teri to formulate the final judgment of environmental compatibility in art. 8.
Art.6
1. The Minister for the Environment, on the basis of the documentation received DAL-
ENEL and art. 4, promoting and implementing the environmental impact assessment
that of the thermoelectric plant, or its extension, by carrying out the
technical investigation and conducting the public inquiry.
2. The Ministry of Environment also provides technique to the investigation by requesting
the opinions of the Ministry for Cultural and Environmental Heritage, the Ministry of
Health, the Ministry of Public Works, the region, the province and the
common territorially concerned and possibly the Ministry of
Merchant Marine and the Ministry of Transport, which should be provided
within 90 days.
3. To fulfill the tasks and institutional functions related to the i-
Technical RELIMINARY, the Ministry of the Environment relies on the Committee on
environmental impact assessments, supplemented by experts selected from dell'I-
INSTITUTE of higher health, ISPESL, ENEA ENEA-DISP, CNR,
the fire department and three experts appointed by the regions concerned.
4. In the case of unfavorable opinions, discordant, or missing within the above Ter-
mines, the President of the Council of Ministers, at the request of the Minister dell'am-
environment, it shall convene a Conference of services consisting of the representatives of
institutions with which it was requested the opinion referred to in paragraph 2, the Ministry dell'am-
Environment and the Ministry of Industry, Trade and Crafts and export
Site of the Conference itself, shall make decisions about the unfa- opinions
vourable, those discordant, as well as on missing acts, however within the time
mines in article 8, paragraph 1.
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5. The meetings of the Committee on environmental impact assessments and
the Conference of services participates in an advisory capacity, ENEL.
art.7
1. The public inquiry takes place, simultaneously technique to the investigation,
in the municipality in which the proposed location of the plant, or, if they are inte-
ressati most common in the provincial capital, under the chairmanship of a magi-
layer of administrative jurisdiction with the President of the Chamber qualifying
of the State Council. The same is appointed by the Minister dell'am-
environment, in consultation with the Minister of Industry, Trade and dell'artigia-
born, I heard the president of the region concerned, immediately after the presentation
tion by ENEL of the acts referred to in paragraphs 4 and 5 article 4.
2. The chairman of the public inquiry is assisted by three experts appointed by the
Ministry of Environment and 3 experts, with proven expertise in the sector,
respectively designated by the region, the province and the municipality concerned
sati, in whose appointment is provided with the same measure referred to
paragraph 1.
3. Anyone who has an interest can give within 45 days, failing which
decadence, from the publication referred to in article 4, paragraph 6, of evaluation contributions
tion on the scientific and technical level through the presentation of memories
written strictly related to the installation of the plant on the proposed site and
its environmental consequences.
4. The chairman of the public inquiry decides, based on the topics,
eligibility of memories and may conduct hearings with bodies and primary
vati who submitted memories admitted.
5. The ENEL may submit comments to the submitted memories.
6. Within three months of the publication in newspapers from DEL-
ENEL, the president closes the public inquiry and submit to the Ministry of
the environment presented the memories and observations of ENEL, with a report
tion of summary of the activities.
Art.8
1. The Minister of Environment defines the technical investigation of which within the art.6
120 days after the presentation of the project referred to in article 4 paragraph 4.
2. The same Minister, within 15 days at end of
the technical examination referred to in paragraph 1, send request for an opinion to the region inte-
ressata, which will make it within the next 30 days, heard the common
territorial jurisdiction, also concerning the nature aspects urba-
planning.
3. The Minister for the Environment within 60 days from the end technical investigation,
on the basis of the same, the findings of the public inquiry and the opinion
of the region, shall deliver the final judgment of environmental compatibility, preci-
sando any requirements for running the power plant project and
related infrastructure.
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4. The final judgment of environmental compatibility is communicated to the Ministries
Industry, Trade and Crafts, for cultural heritage and environmental
those of education, health, public works, the merchant marine, transport, the
region, the province, the municipality and ENEL.
5. Upon expiry of the 60 day period referred to in paragraph 3, without the Mini-
stro environment acted, the Minister of Industry, Trade
and craft can continue the licensing procedure of the central pro-
post within the meaning of paragraph 3 of article 11.
Art.9
1. The ENEL, simultaneously with the procedure referred to in Articles 6, 7 and 8,
He carries out the investigation on socio-economic interventions associated with the construc-
tion and operation of the plant proposal and defines their agreements with the
region, the province and the common for the charges to be taken to load ENEL
and other contracting parties.
2. The ENEL with these agreements, in addition to regulating the payment of the contribution
of which art.15 of the Law of 2 August 1975, no. 393, can assume charges for
interventions of infrastructural and economic and environmental balance
associated with the construction and operation of the plant proposal.
3. The ENEL within 180 days of submission of the documentation required
article 4, shall send the Ministry of Industry, Trade and dell'artigia-
born, the investigation findings and the agreements that have been defined on
socio-economic measures with the region, the province and the commune.
4. The lack of definition of the socio-economic agreements does not prevent
the continuation of the authorization procedure.
5. The effectiveness of defined agreements remains subject to dell'autoriz- release
tion in art. 11.
Art.10
1. The Ministry of Industry, Commerce and Handicrafts, received the document
mentation presented by ENEL in art. 4, she seeks the views of the Ministry
Defense and the Interior Ministry, which should be provided within the time
mine for 90 days.
2. If no response within 90 days, the opinions are considered favorable.
Art.11
1. The Minister of Industry, Trade and Crafts, within fifteen
days after the last of the obligations referred to in Articles 6, 7, 8, 9 and 10,
locates and authorizes the construction and operation of the thermoelectric plant,
or its expansion, according to the preliminary design proposed and judgment
final environmental compatibility, indicating the respective requirements, even for
the socio-economic commitments for ENEL not yet defined
with the region, the province and the commune.
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2. Among the aforementioned socio-economic commitments may be indicated
the same decree those for which ENEL must anticipate funding
on behalf of the State and / or the appropriate government agencies.
3. If the opinion of the region referred to in paragraph 2 of Article 8 has been negative or
still it has not been delivered within 30 days of a request, or
cases provided for in paragraph 5 of Article 8, the location can provide himself under
the urban and environmental profile, the central proposal, after deliberation
the Council of Ministers by the President of the Council of Ministers,
proposed by the Minister of Industry, Trade and Crafts.
4. Following the decree of the President of the Council of Ministers referred to
paragraph 3, the Minister for Industry, Commerce and Handicrafts, authorizes
the construction and operation of the central proposal, including necessary
requirements for environmental aspects where it has proceeded in the absence
the final judgment of environmental compatibility and related requirements
referred to in paragraph 3 of Article 8.
Art.12
1. The measure of localization, in article 11, issued by the Minister of
Industry, Trade and Crafts or the President of the Council of
Ministers, takes the value of public utility statement, urgency and indiffe-
ribilit of the works and, even with constraints of any kind riguar-
giving the territory involved in setting up, effect of the plan variant
Municipal regulator and the regulator port plan and development of the indus-
atrial and replaces the municipal building permit, as well as measures
provided by the following legislation:
article 9, Law of 10 May 1976 n. 319 (water discharge);
article 14, Law 24 December 1979, n. 650 (water discharge);
Art.48, Decree of the President of the Republic March 19, 1956, n. 303 (hygiene
labor);
article 17, Law 24 December 1976, n. 898 (military servants);
art.714, the Royal Decree of 30 March 1942, n. 327 (Obstruction on the fly);
Article 7, Law of 29 June 1939, n. 1497, and art.82, ninth paragraph, the decree of the Presi-
Tooth Republic July 24, 1977, n. 616, as introduced by Law 8
August 1985 n. 431 (construction of particular interest in landscape areas);
article 6, Law 8 July 1986. 349 (opinion of environmental compliance);
art.55, the Royal Decree of 30 March 1942, n. 327 (construction in the buffer zone);
Art.221, the Royal Decree of 27 July 1934, n. 1265 (license municipal viability);
Art.216, the Royal Decree of 27 July 1934, n. 1265 (activation indus- plant
fibrillation).
Art.13
1. Amendments to the maximum authorized project with the decree in art.
11 must be authorized for the purpose of construction and operation, from
Ministry of Industry, Trade and Crafts of ENEL instance,
in compliance with the following paragraphs.
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2. A special committee at the Ministry of Industry, Trade
and crafts, composed of representatives of the ministries of the environment, for
the cultural heritage and environment, health and public works, evaluates MODIFIED
fiche requests and possibly indicates the Ministries, including those affected by
procedure referred to in Article 6, paragraph 2, and 10, which must release the
opinion to support the authorization of the Ministry of Industry, Trade and
crafts.
3. In the case of unfavorable opinions, discordant or missing, within a period of 90
ENEL days by the instance, applies the paragraph 4 of article 6.
4. Amendments to the authorized maximum project involving employ-
tions of outside areas to those of the central relevance are authorized,
implementing the procedure referred to in paragraphs 2 and 3, by the Minister dell'in-
industry, trade, handicraft, after consultation with the interested region
sata, which will make it heard the common territorial jurisdiction.
5. If the opinion of the region is negative or otherwise not delivered within 90
days of receipt by the Commission of the Ministry request the region DEL-
Industry, Commerce and Handicrafts, paragraphs 3 and 4 shall apply DEL-
the article 11.
6. Authorization to changes obtained under this Article has the
effects of art.12.
Art.14
1. The article 13 also the construction and operation Applies to:
a) changes of the gas turbine power plants;
b) modifications of existing thermoelectric power plants;
c) changes of thermal power stations under construction at the date of
entry into force of these provisions.
2. For modifications involving electric power increments and in the construction
tion of gas turbine power plants are regulated by Art. 15 of the Law of 2 August 1975, no. 393.
3. Changes that do not fall in the definition in article 2 does not require
gift for their enforcement nor the authorizations referred to in these provisions
tions, nor the municipal building permit or other authorization required
by regional legislation.
Art.15
1. Governments should adopt them in agreement, the authorized
tions, approvals, clearances and the opinions of their respective competence, not
under these provisions, within 90 days after
the date of the request.
2. Once fruitlessly the term referred to in paragraph 1 or in the presence of acts
unfavorable, apply paragraphs 4 and 5 article 6.
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Art.16
1. The views expressed in accordance with these provisions are intended as replacements for
those provided by the special permits required for the following works or
activities from the side of each law stated:
a) deposit fuel oils and oil pipeline (Law February 8, 1934, n. 367;
Royal Decree of 20 July 1934, n. 1303);
b) works of intake and exhaust of cooling water (Royal Decree 30
March 1942, n. 327; Decree of the President of the Republic on February 15
1952, n. 328; Royal Decree of 11 December 1933, n. 1775; Royal Decree 14
August 1920, n. 1285);
c) port work (Royal Decree of 30 March 1942, n. 327; Decree of the Presi-
Tooth Republic February 15, 1952, n. 328).
Art.17
1. For the putting into operation of thermal power stations, the central tur-
bogas and account changes involving entry of new
foreign substances in the environment, as well as for the control activities, is applied
cano Articles 8, 9, 10 and 11 of the Decree of the President of the Republic 24
May 1988 n. 203, as amended by Article 17 of the same decree.
2. With reference to article 9 of the Decree of the President of the Republic 24
May 1988 n. 203, the competent authority for the control is the province.
art.18
1. For thermal power plants to be installed in the territorial waters of the present
provisions shall apply with the following modifications:
a) the territorially competent authorities for the purpose of Articles 4, 6, 7, 8 and 9
identifying in the region facing the area of territorial waters
affected by the power plant and in the municipality in whose territory
insist ancillary works and provisional to the project;
b) other items of these provisions shall be modified conse-
quently.
Art.19
1. They are without prejudice to the powers of the regions with special status and the provinces of
Trento and Bolzano.
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Page 206
Art.20
1. These provisions do not apply, with the exception of Articles 12
16, the thermoelectric power plants and gas turbines authorized, the date of entry into
force of such provisions, by decree of which article 5 of Law 18
December 1973 n. 880.
NOTES
Preamble, paragraph 3: The paragraph has been so amended by a notice published
in Gazz.Uff. January 20, 1989, n. 16.
Annex III, n. 8: The number was added by article 4, DPR27 April 1992
It entered into force on the day following that of its publication.
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Decree of the President of the Council of Ministers No. 377 of 10.08.1988
Italian Official Journal n 204 of 31.08.1988
Regulation of the pronunciations of environmental compatibility of which article 6
Law 8 July 1986, n. 349 on the introduction of the Ministry dell'am-
environment and rules on environmental damage
Since the article 6 of the law July 8, 1986, n. 349;
Having regard to Council Directive of the European Communities No. 85/337 of 27 June
1985 on the assessment of certain pro-
public and private jets;
August 1988;
On the proposal of the Minister, after consulting the scientific committee, referred
article 11 of the Law of 8 July 1986. 349;
decrees:
art.1
Categories of work.
1. They are submitted to the evaluation procedure in art. 6 of Act 8
July 1986. 349, projects of the works in the following categories:
a) Crude oil refineries (excluding undertakings manufacturing only
lubricants from crude oil), as well as installations for gasification and
liquefaction of at least 500 tons per day of coal or bituminous shale;
b) thermal power plants and other combustion plants with a thermal output of
at least 300 MW, as well as nuclear power plants and other nuclear reactors (except
research installations for the production and processing of materials CLIPPING
silos and fertile, whose maximum power does not exceed 1 kW of permanent duration
nent thermal);
c) plant intended exclusively for the permanent storage or all'elimina-
the final identification of radioactive waste;
d) integrated steel mills for the initial smelting of iron and steel;
e) installations for the extraction of asbestos, as well as for the treatment and the transformation
tion of asbestos and products containing asbestos: for the products
asbestos-cement, an annual production of more than 20,000 tonnes of finished products;
for friction material, with an annual production of over 50 tonnes of products
finished and, for other uses of asbestos, utilization of more than 200 t;
f) integrated chemical installations, ie those installations for the production on an indus- scale
atrial, using chemical conversion processes of substances, in which
are various production units flanked functionally connected between
them: for the manufacture of basic organic chemicals; for the manu-
facture of basic inorganic chemicals; for the manufacture of
fertilizers based on phosphorus, nitrogen, potassium (simple or fertilizers
compounds); for the manufacture of basic plant health products and bio
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Page 208
cidi; for the manufacture of basic pharmaceutical products using a pro-
chemical or biological failure; for the manufacture of explosives (1);
g) railway lines for long-distance railway traffic and of airports with
runways over 1,500 m in length; highways and roads
reserved for motor traffic or portions of them, which are accessible only
through interchanges or controlled junctions and on which are prohibited between
alia, the stopping and parking of cars; rural roads or stretches of
They have four or more lanes, or realignment and / or widening of roads
existing two-lane to the maximum so as to provide four or more lanes (1);
h) trading ports and also inland waterways and ports for naviga-
tion accessible internal passage of vessels of over 1350 tonnes;
i) elimination of plants of toxic and dangerous waste by incineration
chin, chemical treatment or storage to the ground;
l) installations designed to hold, adjust or accumulate the waters in such a way
durable, more than 15 mo height that determine a volume in-
jar superior to 1,000,000 cubic meters, as well as installations designed to hold,
regular or accumulate the waters for energy purposes in a durable manner, of
height greater than 10 mo that determine a volume exceed invaded
riore to 100,000 cubic meters (1);
m) external overhead electrical power lines for the transport of electrical energy with voltage
Nominal higher operating at 150 kV and with length of track
exceeding 15 km (2);
n) oil and gas pipelines longer than 40 km and a diameter greater than
or equal to 800 mm, excluding those covered by the decree of the President
of 18 April 1994, n. 526 (1);
o) storage of chemicals, petrochemicals with overall capacity
more than 80,000 cubic meters; Surface storage of natural gas with a
overall capacity of more than 80,000 cubic meters; storage of products of
liquefied petroleum gas with a total capacity exceeding 40,000
mc storage of liquid petroleum products of total capacity exceed
riore to 80,000 cubic meters (1);
p) thermoelectric plants with total electric power exceeding 50
MW with exclusion of those with a heat output of up to 300 MW, of which
the program agreements under Art. 22, paragraph 11, of the Decree
Legislative February 5, 1997, n. 22 (1);
q) installations for the production of hydroelectric energy with a power of con-
the sale of more than 30 MW, including dams and reservoirs directly
subservient (1);
r) storage of solid fuel products with total capacity
greater than 150,000 t;
s) for gasification and liquefaction plants (1);
t) a facility: the reprocessing of irradiated nuclear fuel; a
production or enrichment of nuclear fuel; the treatment of
irradiated nuclear fuel or highly radioactive waste; exclusively
tively the storage (planned for more than ten years) of fuel
irradiated nuclear or radioactive waste in a different site than the pro-
duction or enrichment of irradiated nuclear fuel, to collect
and the treatment of radioactive waste (1);
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Page 209
u) mining for research, cultivation and processing Mineral-
lurgico of minerals mine in accordance with art. 2, paragraph 2,
Royal Decree of 29 July 1927, n. 1443, and subsequent modifications, ivi com-
He took the appurtenant residue landfills arising from the same atti-
activity and the related processing, whose jobs directly affect areas
of total surface area exceeding 20 hectares.
2. The same procedure shall apply also to operations of works already ESI-
hardship, not falling within the categories of paragraph 1, where from these interventions
resulting work that falls in the same categories; It shall also apply to inter-
Twenty of existing works fall within the categories of paragraph 1 should be
such interventions resulting work with substantially different characteristics from
earlier, with the exception, however, restores and third lanes self
Additional road that are required by safety requirements
traffic or maintenance of the level of exercise.
3. Paragraph 2 shall not apply to any environmental remediation
existing thermal power plants, also accompanied by interventions ripo-
tenziamento, from which derives an improvement of the state of quality dell'am-
environment connected to the reduction of emissions.
4. To facilitate the application of paragraphs 2 and 3 the Minister of con-
voca special coordination meetings with the Ministry for Cultural Heritage and
execution of environmental works and the relevant government departments of
under this article, in order to determine in advance, on the basis of
programs involved, in the cases of exclusion from the pro-
It takes pursuant to those paragraphs.
5. The provisions of this Article shall not apply to works intended
national defense.
5-bis. With a subsequent measure are identified characteristics tech-
niche of works and installations referred to in paragraph 1, which does not apply the pro-
hard under Article. 6 of the Law of 8 July 1986 n. 349, as they have excluded
sively or essentially the aim of developing and testing of new methods or
products, unless they are expected to use it for more than a year (3).
art.2
Technical standards on project communication.
1. Are for the works projects under article 1 of the greatest projects
of the works themselves, before the same they are forwarded to the opinions, self
authorizations, permits and for the other acts of the current legislation, and co-
in any event, before the award of the work.
In particular:
a) thermal power plant projects, are those necessary
for the measure in article 5, first paragraph, of the law 18
December 1973 n. 880, as governed by Article 17 of the Decree of
President of the Republic May 24, 1988, n. 203, the same must
be submitted prior to the decision of the Minister of Industry,
Trade and Crafts;
b) for projects of crude oil refineries, plants of gassifi-
cation and liquefaction, integrated steelworks initial smelting of
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Page 210
iron and steel and the integrated chemical plants, are those
submitted to the Ministry of Industry, Trade and Crafts
for the concession decree in accordance with Royal Decree-
Law November 2, 1933, n. 1741, converted into Law February 8, 1934,
n. 367, and subsequent modifications and additions; they must
be forwarded before the grant by the Minister dell'indu-
industry, commerce and crafts;
c) for plant projects for the extraction of asbestos are those
submitted to the Ministry of Industry, Trade and Crafts;
they must be submitted prior to the permit being issued by the
the Minister of Industry, Trade and Crafts;
d) for projects of disposal facilities toxic and hazardous waste
They are those that are forwarded to the Region for approval.
They are also subject to the procedure for authorization requests inol-
trate to the Region for the elimination of toxic and dangerous waste in the plants
whose projects were previously approved for the disposal of
municipal wastes and / or special waste;
e) for projects of highways and express roads, you
are those, referring to the entire route, provided by the "Instruction
the preparation of road projects "published in the Official Bulletin -
Technical standards - CNR - Year XIV n. 77, May 5, 1980, concerted
nents the general project, or, in cases where such documentation
It is not available for objective reasons, related to functional logs
refer to the reference procedures, provided that they are nonetheless defi-
nite the assumptions of maximum concerning the entire path in the study of
environmental impact. The same must be submitted before the relevant
measure approved by the Minister of Public Works;
f) for the railway sections projects for long-distance traffic, shall mean
gift those related to the construction of railway installations and works con-
nesse prepared by the State Railways and transmitted to the regions inte-
ressate and local authorities in whose territory they are expected to speak at the
dell'art.25 senses of the law 17 May 1985, n. 210; they must be
submitted prior to the relevant decision of approval or compliance;
g) for airport projects, will mean new plans or regulators
variants of existing plans, as well as the maximum of the works projects; the
they must be submitted prior to approval by the
Committee provided for by Article 5 of the law 22 August 1985 n. 449;
h) for the trading ports projects, the projects themselves have to be
submitted prior to the grant by the relevant Ministers;
i) for projects of dams and other installations designed to hold, adjust or
accumulate the water, means the maximum attached to the application projects
granting water derivation as provided art.9 the regio
Decree of 14 August 1920, n. 1285, the Royal Decree of 11 December 1933, n. 1775
and art.1 of the Decree of the President of the Republic 1 & deg; November 1959
n. 1363; the same should be forwarded prior to the grant to the deriva-
tion, even temporarily, by the Minister of Public Works;
l) to project outside overhead power line, refers to the attached draft
the request for authorization submitted to the Ministry of Public Works to
under Title III of the RD of 11 December 1933 n. 1775.
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2. In the case of contract competition or credit concession governed by
Law of 24 June 1929, n. 1137, as amended by Law 15 January 1951,
n. 34, as well as by the law 8 August 1977, n. 584, and the law 17 February 1987, n.
80, the competent authority shall inform the Minister of the Environment and
Minister for Cultural and Environmental Heritage the final design of the forty works
lora contain important changes compared to the preliminary design already
the subject of environmental compatibility pronunciation. The Minister may
establish, within twenty days of notification that the final design is sub-
toposto in turn to the procedure laid down in article 6 of the law July 8, 1986, n. 349.
3. The communication referred to in paragraph 3 of article 6 of the law July 8, 1986, n.
349, in addition to the project as identified in paragraph 1, includes a study of
environmental impact containing:
a) an indication of the location refers to the spatial and territorial incidence
intervention, in the light of the main alternatives studied, the inci-
dence on natural resources, the correspondence to the urban plans, countries-
stici, territorial and industry, to potential landscape constraints, archaeologically
gici, demaniali and hydrogeological, supported by appropriate cartography;
b) the specification of water discharges and of the measures provided for the observed
observance of current legislation, as well as any subsequent alteration
tions of the quality of the final receiving body;
c) the specification of solid waste and its disposal mode
compared with the requirements of current legislation;
d) a list of emissions from pollutants,
compared to the current regulations, as well as the consequent alterations
air quality also in the light of the best available technologies;
e) the specification of the produced noise emissions and measures and
of reductive techniques of noise provided;
f) the description of the devices and elimination damages
environment with reference to the design choices, the best technical
available and the technical-economic aspects;
g) the plans for prevention of damage to the environment with reference to the steps of
construction and management;
h) environmental monitoring plans in accordance with the specifications arising from
law or by specific requirements in relation to each work;
i) a non-technical summary of the provisions of the above headings.
l) to project outside overhead power line, refers to the attached draft
the request for authorization submitted to the Ministry of Public Works to
under Title III of the RD of 11 December 1933 n. 1775 paragraph 1, lett. d): the let-
tera has been so replaced by Article 1 of Presidential Decree October 5, 1991, n. 460. subsection
2, lett. l): a letter has been added by article 3 of Presidential Decree April 27, 1992.
Art.3
supplementary technical regulations.
1. The accompanying technical standards of discipline under article 2 of this
Decree concerning the preparation of environmental impact studies and For-
formulation of the judgments of compatibility in article 6, paragraph 4, of Law 8
July 1986. 349, in relation to each category of works are issued
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Page 212
by decree of President of the Council of Ministers, upon resolution of
Council of Ministers, on proposal of the Minister for the Environment, in consultation with
the Ministers responsible for the matter and consulted the Scientific Committee under art.
11 of Law 8 July 1986, n. 349, within ninety days from the date of publication
cation in the Official Journal of the present decree.
supplementary technical standards referred to in this article, have been enacted
through Decree 27 December 1988.
Art.4
Vigilance.
1. The Minister for the Environment supervises pursuant to Article 6, paragraph 6, of Law 8
July 1986. 349, on observance of any requirements contained
in environmental compatibility.
2. The authorities concerned shall make known, in the contract notice or in
to treat that project approval is subject to compliance
any requirements contained in the environmental compatibility.
Art.5
Advertising.
1. Together with the notification referred to in paragraph 3 art.2, the commit-
tente of works of art. 1 shall publish, on more everyday
widespread in the region or autonomous province territorially interested and
a national newspaper, an announcement indicating
It works, its location and a brief description of the project.
2. The client also provides for the deposit of one or more copies of the project and
the elaborate communication, as defined in article 2, at the com-
competent office of the Region or Autonomous Province, for the purpose of
consultation by the public.
3. The regions, within thirty days from the date of entry into force of this
decree, identify the offices referred to in paragraph 2 including supporting pub-
publication in the Official Bulletin of the region and adequate informa-
tion to the public.
Art.6
Preliminary investigation.
1. The investigation on the projects under article 1 has the following purposes:
a) determine the completeness of the documentation;
b) verifying the correspondence of the description of the places and their character-
environmental teristics to those documented by the proposer;
c) to verify that the project data, with regard to liquid waste, and
solids and polluting emissions, correspond to the pre-
scriptions dictated by industry regulations;
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d) ensuring the consistency of the project, with regard to the techniques of
and realization of the planned production processes, with the utilization data
raw materials and natural resources;
e) ensure the correct use of the analysis and prediction methodologies,
as well as the suitability of detection and prediction techniques employed by
proposer in relation to environmental effects;
f) identify and describe the overall impact of the project sull'am-
environment including in relation to the final quality levels, comparing the situation
tion existing at the time of communication with the provision of
the next.
2. The ruling on the environmental compatibility of the project intervenes in the Ter-
mines referred to in paragraph 4 of article 6 of the law July 8, 1986, n. 349, once the
which the procedure resumes its course.
the provisions of this Article shall be supplemented by technical standards
enacted through Decree 27 December 1988.
art.7
Transitional rule.
1. The regulations referred to in this decree does not apply to works projects
for which it has already intervened approval in accordance with applicable regulations.
2. The regulation referred to in this Decree also does not apply to works for
such as the Minister for the Environment and the Minister for Cultural and Environmental Heritage have
received, the date of publication of this decree, those of bodies estab-
Tuiti for the consideration of environmental interest profiles of these works.
Art.8
Entry into force.
1. This Decree shall enter into force on the day following that of its publication
cation in the Official Journal of the Prime Minister's decree of
Ministers envisaged by article 3.
NOTES
See Circ. October 7, 1996, n. GAB9615208, and Circ. October 8, 1996, n.
GAB9615326.
See Dir.Min. August 4, 1999.
It entered into force on 6 January 1989, ie one day after (v. Article 8) the pub-
cation in the Official Journal of the Prime Ministerial Decree of 27 December 1988.
213
(1) Paragraph replaced by art. 1 of Presidential Decree February 11, 1998.
(2) addition Letter art. 2 of Presidential Decree 27 April 1992 (OJ August 22, 1992, n. 197), which came into
force on the day following that of its publication.
See also art. 5 of the same decree.
(3) The technical provisions governing the preparation of environmental impact studies for each
category of works referred to in this article have been defined in Annex I of the DPR 2 set-
tember 1999. 348.
Page 214
ORDINARY LAW OF THE PARLIAMENT OF N 349 08/07/1986
published in the Official Journal SO # 162 of July 15, 1986
Establishment of the Ministry of environment and rules on environmental damage.
NOTES
Art.1 last paragraph: see. the art.29 of Law May 18, 1989, n. 183. Relations
state of the environment, referred to in this paragraph have been submitted nel-
April of 1989 and March of 1992.
Art.2, paragraph 1, lett. c) The letter has been so replaced article 10, L. March 3
1987 n. 59.
Art.2, paragraph 4, suppressed by art. 2 of the law 8 November 1986, n. 752.
Art.6, para 2: See. the Prime Ministerial Decree of 10 August 1988, n. 377, DPCM December 27
1988. DPR July 3, 1998, D February 11, 1998.
Art. 7: the article was replaced by Article 6 of Law 28 August 1989, n. 305. With
Prime Ministerial Decree of 29 July 1988, n. 363 (OJ August 25, 1988, n. 199, SO) was
approved the five-year plan for cleaning up the catchment area of
rivers Lambro, Olona and Seveso. See. Finally, article 1, lett. g), DPR, 27 March 1992
n. 309.
Art.9: see. DPCM 21 lulgio 1989 art. 74, from paragraph 2 to paragraph 6, of Legislative Decree.
March 31, 1998, n. 112.
Art.10. paragraph 1, lett. e): the letter was added by article 3, L. 3 March 1987
n. 59.
Art.11: see. DPR May 9, 1994, n. 608.
Art.13: supplemented by Article 17, Law 93 of March 23, 2001
Art.15, paragraph 6: cfr.pure article 1, L. 3 March 1987, n. 59. See also L. 30
November 1989, n. 387.
Art.15 last paragraph: see. L. 30 November 1989 n. 387.
Table A: See. well as article 2, L. 3 March 1987, n. 59. An updated overview of
organic plants may be seen in the tables attached article 3 of the DPCM 15
January 1987. See. Moreover, the article 11, L. August 7, 1990, n. 253.
Art.18: Article integrated art. Law 144 of 2000, n. 388 laying down provisions
tions in the field of clean-up, remediation and environmental restoration.
See. Art. 17, paragraph 46, of the 05/15/97 law no. 127.
TEXT
art.1
1. it sets up the Ministry of Environment.
2. It is the responsibility of the Ministry to ensure, within a systematic framework, promotion,
conservation and recovery of the environment corresponding to the inte-
fundamental ests of the community and the quality of life and the con-
preservation and enhancement of the natural heritage and national defense
of natural resources from pollution.
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Page 215
3. The Ministry makes and promotes studies, surveys and interesting findings
the environment; shall, with the information means, appropriate initiatives to sensi-
stabilize the public to the needs and problems of the environment, even
through school, in consultation with the Minister of Education.
4. The Ministry shall establish and develop, coordinate with the Ministry of
Foreign Affairs and other ministries concerned, cooperative relations with
international organizations and the European Community.
5. The Ministry promotes and the fulfillment of international conventions,
of Community directives and regulations concerning the environment and the patri-
Natural ammonium.
6. The Ministry shall report to Parliament every two years a report on
environment.
art.2
1. The Ministry exercises:
a) functions conferred to the Interministerial Committee planned down in
Article 3 of Law 10 May 1976, n. 319, and those attributed by the same
Law and subsequent amendments and additions to the Ministry of works
public;
b) the functions conferred to the Interministerial Committee planned down in
Article 5 of the Decree of the President of the Republic September 10, 1982, n.
915;
c) the functions already assigned to the State in the field of atmospheric pollution
rico and acoustic, except those provided dall'art.102, numbers 1), 3), 4), 5) and
10) DPR24 July 1977 n. 616, which are exercised in concert
with the Minister of Health; as well as those referred to in n. 7) Article
cited that are exercised in consultation with the Minister of Transport and
with the Minister of Health;
d) the responsibility of the State functions in the matters referred to in Article 82
Decree of the President of the Republic July 24, 1977, n. 616, in
regarding quarries and peat bogs, to be exercised in consultation with the Minister of
Industry, Trade and Crafts.
2. With the President of the Council of Ministers decrees, on a proposal from the Mini-
stro environment, in consultation with the Minister for Health and the Minister heard
Industry, Commerce and Handicrafts, are determined for the entire Ter-
ritory national and for particular areas of the same the characteristics merceo-
logics, having relief to atmospheric pollution, fuels and
fuel, as well as the technological characteristics of combustible plants
ment.
3. The provisions of Articles 12 and 13 of the Law of 13 July 1966 n. 615, and suc-
quent amendments thereto, shall remain in force until the dates that
They will be indicated in the decrees referred to in paragraph 2 above.
4. [....]
5. The Minister intervenes, for the concert, in the preparation
of industry plans a national character that are relevant impact
environmental.
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6. The Minister shall, in agreement with the Minister of Public Works,
the necessary steps to ensure coordination at all levels of plan-
ning, of environmental protection functions referred to in this law with
interventions for the defense of the soil and water conservation and utilization.
7. In particular, until the Administration Reform of Public Works,
are exercised jointly functions with the Minister referred to
letter a) of the first paragraph of Article 81 of the Decree of the President
Republic July 24, 1977, n. 616, concerning the basic lines DEL-
the structure of the national territory and soil conservation, as well as the functions of
Articles 90 and 91 of the decree regarding the program-
tion of the national allocation of water resources.
8. measures are taken after consultation with the Minister of
Ministerial authority related to the general plan of the sea defense and
seacoasts in Article 1 of the law 31 December 1982 n. 979.
9. establishing measures, inclusive of the bond plans, reserves
marine, under Articles 26, first paragraph, and 27 of the Law of 31 December 1982
n. 979 are adopted by decree of the Minister for the Environment in consultation with the
Minister of Merchant Marine.
10. In Article 28 of the law 31 December 1982 n. 979, in the third paragraph, after
letter h), the following is added:
"I) a representative of the Ministry of the Environment."
11. In Article 28 of the law 31 December 1982 n. 979, the fourth paragraph is
"With a special agreement to be signed by the Minister for the Environment, the con-
certainly with the Minister of Merchant Marine, the management of the reserve can be
granted to government agencies, scientific institutions, recognized associations. "
12. In Article 28 of the law 31 December 1982 n. 979, the last paragraph is
"The Regulation approved by Decree of the Ministry of Environment, the con-
certainly with the Minister of the Merchant Navy, after consultation with the Council for the Defense
sea from pollution. "
13. Article 29 of the law 31 December 1982 n. 979, is deleted.
14. The Minister for the Environment, in consultation with the Minister of Health, proposes
the President of the Council of Ministers the establishment of maximum limits of acceptance
bility of concentrations and the maximum exposure limits relating to pollute
namenti of chemical, physical and biological and noise emissions relatively
external environment and the mind living under Article 4 of Law December 23
1978, n. 833. The establishment of such limits, if such inputs are related to
the workplace, it is proposed to the President of the Council of Ministers by the Mini-
stro Health, in consultation with the Minister and the Minister of
Work and Social Security.
15. The acts of address and coordination provided by L. of 23 December 1978 n.
833, related to functions transferred to the regions, and the exercise of powers
related to functions delegated to the regions themselves shall be adopted in consultation with the
Minister for the Environment when referring to the chemical pollution, physical,
biological or noise.
16. There shall be determined by the Minister of Health, in consultation with the Minister dell'am-
environment, the ministerial responsibility measures related to the implementation of
DPR8 June 1982, n. 470.
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Page 217
17. The Minister of Health, in consultation with the Minister of Public Works and
Environment Minister, adopts the ministerial competence measures
the implementation of DPR3 July 1982, n. 515.
18. The Minister for the Environment, appreciated the circumstances, promotes initiatives
necessary for the adoption of the acts for which is scheduled concert.
19. The Minister for the Environment participates in the concert for the preparation of
national plan for civil protection.
20. The Minister for the Environment, in consultation with the Minister for the Coordination
initiatives for scientific and technological research and with interesting Ministers
sati, prepares national research plans on the environment and coordinates
Italian participation in environmental research programs defined by the Com-
European nity.
Art.3
1. The Minister for the Environment and the Minister for Cultural and Environmental Heritage assu-
mono of understanding the necessary steps to ensure the coordinated exercise
the attributions of their respective competence.
Art.4
1. Article 11 of Law 10 May 1976, n. 319, as amended by art.
14 of the law 24 December 1979 n. 650, and subsequently Article 18
of the law 31 December 1982 n. 979, the fourth paragraph is replaced by the
following:
"The authorization of discharges in the previous paragraph shall be issued by the Mini-
stro environment on a proposal from the head of the maritime district in which
area of expertise is the port from which the ship with cargo of Mate-
riali to download, which is the nearest port to the dump, if the work of
"Aircraft.
2. Article 11 of Law 10 May 1976, n. 319, as amended dall'ar-
Article 14 of the law 24 December 1979 n. 650, and subsequently Article
18 of the law 31 December 1982 n. 979, the sixth paragraph is replaced by
following:
"The Minister shall carry out the required notifications to the com-
competent international bodies. "
Art.5
1. The territories in which to set up nature reserves and nature parks interregional
nal are located, in accordance with Article 83, paragraph four of the DPR24
July 1977 n. 616, proposed by the Minister for the Environment.
2. exercised skills are transferred to the Ministry of the Environment, pursuant to
current legislation, the Ministry of Agriculture and Forests concerning parks
national and identification of national ecological importance and areas
International fostering in them the establishment of parks and nature reserves.
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Page 218
3. The Minister for the Environment gives the autonomous bodies and other bodies
of the national parks and state natural reserves management guidelines
necessary to achieve the scientific, educational and protective
tion naturalistic, monitoring of compliance. It also proposed to the Council
the general guidelines and coordinating ministers standards for the management of
Protected areas of regional and local character.
Art.6
1. Within six months after entry into force of this Act, the Government has
Parliament the bill on the implementation of Community directives
-Community on environmental impact.
2. Pending the implementation of EU legislative directives on
environmental impact, technical standards and categories of works can pro-
produce significant changes to the environment and to which the rules established
sions referred to in paragraphs 3, 4 and 5, are identified by decree of Pre-
dent of the Council of Ministers, after consideration by the Council of mini-
stri adopted at the proposal of the Minister, after consulting the Committee sci-
Tifico referred to in Article 11 in accordance with the directive regarded
son of the European Communities No. 85/337 of 27 June 1985.
3. Projects of the works referred to in paragraph 2 shall be communicated, before
their approval, the Minister for the Environment, the Minister for cul- goods
rali and environmental and to the region concerned, for the purposes of evaluation
tion the impact on the environment. The notification shall present the
localization of the intervention, the specification of the liquid and solid waste,
emissions and air pollutant inputs and emissions
Sheet produced by the work, the description of deleting devices or
recovery of damages to the environment and prevention plans Man- damages
environment and environmental monitoring.
The announcement of the communication must be published by the
the buyer, the largest daily newspaper in the region territorially interesting
sata, as well as on a national newspaper.
4. The Minister for the Environment, heard the region concerned, in consultation with the
Minister for Cultural and Environmental Heritage, it determines the compatibility
environment in the next ninety days, after which the approved procedure
vation project resumed its course, unless extended by deliberate regarded
son of Ministers in cases of particular importance. For incidents works on areas
subject to constraint of protecting cultural or scenic Minister dell'am-
environment provides in concert with the Minister for Cultural and Environmental Heritage.
5. Where the competent minister to the realization does not consider that
conform to the assessment of the Ministry of Environment, the question is
remittance to the Council of Ministers.
6. If, in the execution of the works referred to in paragraph 3, the Minister dell'am-
ment deems behavior contrasting with the opinion on the compatibility
Environmental expressed pursuant to paragraph 4, or such as to compromise
basic needs of ecological and environmental balance, order the suspension
sion of the works and shall refer the matter to the Council of Ministers.
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Page 219
7. Remain subject to the powers of the Minister for Cultural and Environmental Heritage
in matters within its competence.
8. The Ministry of Cultural and Environmental Heritage in the case provided for in Article 1-
bis, paragraph 2 of the Decree-Law of 27 June 1985, n. 312, converted, with MODIFIED
ficazioni, the Law of 8 August 1985, n. 431, shall exercise the powers referred to in Articles 4
and 82 of the Decree of the President of the Republic July 24, 1977, n. 616, the con-
certainly with the Minister.
9. Any citizen, in accordance with applicable laws, may, in
writing, to the Ministry of Environment, the Ministry for Cultural Heritage and
environmental issues and the affected region, observations or opinions on the work
subject to environmental impact assessment, in thirty days DAL-
the announcement of the project communication.
art.7
Note: Article repealed by art. 74, paragraph 1, of Legislative Decree no. 31 March 1998, n. 112.
1. The geographical areas and any maritime overlooking characterized by traits
severe changes of the environmental balance in water bodies, in the atmosphere or in
soil, and that involve risk to the environment and the population, they are declared
areas with high risk of environmental crisis, upon advice of the parliamentary committees
mentary competent by Council of Ministers resolution on the proposal of
Minister for the Environment, in consultation with the regions concerned. The aforementioned opinion of
the
parliamentary committees is expressed within thirty days of being awarded,
elapsed unnecessarily which the government proceeds to the decision of its competent
Tenza. The statement is based on a preliminary report predi-
moves from the Minister for the Environment, aimed at identifying risk factors, the reasoned
vations of the opportunity, and the urgency of the declaration.
2. The declaration area at high risk of environmental crisis is valid for
a maximum of five years. The Minister for the Environment reports annually
mind the relevant parliamentary committees on the implementation
interventions, the effect on the situation of the environment in
detected and, at the expiry of that period, it transmits a report generated
ral, containing, in particular, a description of the activities carried out, of pro-
jets and works undertaken and implemented, as well as the state of the environment.
3. If you need to renew the high-risk area Statement
environmental crisis, we proceed in accordance with paragraph 1.
4. The resolution referred to in paragraph 1 the goals are identified for
consolidation efforts, the term and guidelines for the formation of a plan
aimed at identifying priority urgent measures to remove the situation
tions of risk and environmental restoration.
5. The plan, drawn up in consultation with the regions concerned, the Minister dell'am-
environment, approved by the President of the Council of Ministers, on deli-
berazione of the Council of Ministers. 6. The plan, based on the recognition of the
environmental and pollution sources imbalances, has the measures:
a) to reduce or eliminate environmental imbalance phenomena and pollution
chin and to the realization and use, also facilitated, of installations and
equipment to eliminate or reduce pollution;
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Page 220
b) the supervision of types and modes of production and use of Dispo-
sitivi elimination or reduction of pollution and of the phenomena of
imbalance;
c) to ensure the supervision and control on the state and sull'at-
implementation of interventions.
7. The plan defines the methods, the criteria and the expenditure coordination measures
ordinary state, regions and local authorities available for realiz-
tion of the planned actions. The three-year program indicates and distributes
State resources available for each area and high risk.
8. Approval of the plan affects public utility statement,
indifferibilit urgency and the works therein.
9. For the development and implementation of the plan, the Minister dell'am-
environment, in cases of proven non-compliance by the regions of obligations
expressly provided, heard the region concerned, assigns a reasonable
term to provide, after which provides in its stead, on deli-
berazione of the Council of Ministers.
10. In cases of proven failure by the competent local authorities
to the realization of the operations covered by the plan, the region assigns a con-
gruo term to provide, unnecessarily course which provides in via
replacement.
11. Assuming the exercise of the powers of substitution referred to in this article,
charges arising from the realization and management of the installations burdening
financial resources, as defined by the plan.
Art.8
1. In exercising the functions provided by this Act the Minister of
the environment makes use of the technical services of the state subject to agreement with the Ministers
competent, and those local health units after reaching agreement with the region,
as well as the collaboration of higher education institutions, the advisory bodies
technical and scientific state, the specialized public institutions operating in
national level and of institutions and university departments with which it can
sign special agreements.
2. The Minister may order technical checks on the status of polluted
atmosphere of supply, water and soil and on the condition
of natural environments. For access to the places of those responsible applies
Article 7, first paragraph, of the law 25 June 1865, n. 2359.
3. In case of non-implementation or failure on the part of the regions,
provinces or municipalities, the statutory provisions on the protection dell'am-
environment and if it can result in a serious ecological damage, the Minister of
the environment, after notice to comply within a reasonable period to be specified
in the same formal notice, adopts a protective order the necessary measures
provisional safeguard, even in inhibitory works, work or
human activities, giving prior notice to the authorities
competent. If the lack of implementation or non-compliance referred to in this
paragraph is attributable to a branch office of the State, the Minister dell'am-
environment without delay inform the competent minister from which the office belongs, the
which takes the necessary measures to ensure the fulfillment. If persists
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Page 221
the need for precautionary action to avoid serious ecological damage,
the ordinance referred to in this paragraph shall be adopted by the competent minister
consultation with the Minister for the Environment.
4. For the monitoring, prevention and repression of violations committed in
expense of the environment, the Minister makes use of the operative group
ecological of the Carabinieri, which is placed at the functional dependence
nal of the Minister for the Environment and the State Forestry Corps, with
particularly concerning protection of the national natural heritage, the
special department of the Financial Police and the police, after reaching agreement
with the competent ministers, and port authorities, after consultation with the Mini-
stro the merchant navy.
Art.9
1. Without prejudice to the powers of the special status regions and provinces
independent of Trento and Bolzano in matters within their exclusive competence, and
in accordance with the statutes and the implementing regulations, the address and function
coordination of administrative activities of regions, pre materials
views from this law, relates to the unitary character needs, even in
reference to the economic planning objectives and the national
commitments by international obligations and Community. This function is
exerted, except in cases in which is carried out by law or by an act having the force of
Law, by resolutions of the Board of Ministers, on a proposal from the Mini-
stro environment.
2. The Minister shall issue directives for the delegated activities
by regions, subject to the relevant powers exercised within the meaning of
Article 82 of the Decree of the President of the Republic July 24, 1977, n. 616, from
Minister for Cultural and Environmental Heritage.
3. The Minister for the Environment, in case of persistent inaction of the regional organs
nal in the exercise of the delegated functions, heard the region concerned,
assigns an appropriate period, after which provides for the adoption of measures
in its Regional replacement.
4. The Ministry of Environment and the regional administrations are required to For-
nirsi each other all kinds of information to carry out their functions.
Art.10
1. For the purpose of the exercise of powers provided by the present law are estab-
Tuiti the following services of the Ministry of the Environment:
a) prevention service of pollution and environmental remediation;
b) service nature conservation;
c) environmental impact assessment services, information to the public and
for the report on the state of the environment;
d) general affairs departments and staff;
e) collaboration service to the functioning of the organs referred to in Articles
11:12 and for the organization and coordination of their auxiliary offices.
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Page 222
2. The powers of the services and their organic plants are defined in regular
lament of the Ministry organization.
The regulation shall be issued by decree of the President of the Republic, after
resolution of the Council of Ministers, on proposal of the Minister for the Environment.
3. For the services are in charge of the general managers of state-level C.
Art.11
1. Technical and Scientific Organ of the Ministry of the Environment is the Scientific Committee.
2. The Scientific Committee is chaired by the Minister and is composed as follows:
a) ten experts appointed by the Interior Ministers respectively dell'in-
industry, commerce and crafts, Public Works, dell'agricol-
ture and Forestry, the merchant marine, health, goods for cul-
ral and environmental, Education, Regional Affairs and the
coordination of efforts for scientific and technological research;
b) as a component, respectively, of the top of the work Council
public, the Board of Health, the Higher Institute of sa-
nity, the High Council of the merchant navy, the Council for
sea protection from pollution, the higher Council for Agri-
culture and Forestry, the National Council for Cultural Heritage and AM-
ronmental, the National Research Council and the High Council
Education;
c) eight university professors of the theme-related disciplines
environmental cies;
d) five experts of ecology problems, chosen from among persons of recognized
nized scientific experience, in consultation with the National Academy of Lincei.
3. The Committee members are appointed by decree of the Minister dell'am-
environment and remain in office for four years.
4. The rules for the organization and functioning of the Scientific Committee
They are established by decree of the Minister for the Environment.
5. The Scientific Committee expresses opinions in areas referred to in this
Law, at the request of the Minister for the Environment.
6. The Committee shall act in plenary or in chambers formed by the Mini-
stro in relation to the areas of competence of the Ministry.
7. The Minister may, by decree, after consulting the
opinion of the National Council referred to in Article 12 technical committees
with scientific expertise in specific areas of intervention of the Ministry
environment and on the field of protected areas.
Art.12
1. The National Council is hereby established for the environment with the following composition:
a) a designated representative from each region; for Trentino-Alto Adige,
one appointed by the Autonomous Province of Trento and one from the province
independent of Bolzano;
b) six representatives appointed by the Italian national common
and three by the Union of Italian Provinces;
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Page 223
c) fifteen representatives appointed by the Minister of fears pre-
sentate by national associations or present in at least
five regions, referred to in Article 13;
d) a representative of the CNR, ENEA one and one ENEL.
2. The Minister for the Environment, when it thinks fit in relation to
subjects included on the Council agenda, may invite representatives
many of the company and the work of professional bodies.
3. The National Council for the Environment is chaired by the Minister dell'am-
environment and is renewed every three years. It elects among its members the Vice President and STA
bilisce the rules for its operation. It makes use of a special office
Secretarial established at the Ministry of Environment.
4. The Council gives opinions and makes proposals in areas referred to by the pre-
He feels the law in the cases and in the manner established by appropriate regulations
approved by ministerial decree.
5. The Council may propose initiatives to the Minister for raggiun-
gimento of the purposes mentioned in Article 1, paragraph 3.
6. The Council expresses its opinion on the report referred to in Article 1,
paragraph 6, which is attached to the same relationship for the purpose of its transmission to the
Parliament.
7. The National Council for the Environment is appointed by the President
the Republic, on proposal of the Minister within sixty days
the entry into force of this Act.
Art.13
1. environmental protection national associations and those pre-
felt in at least five areas are identified by the Minister DEL-
the environment on the basis of policy objectives and the organization
internal democratic prescribed by the statutes, as well as the continuity of action
and its external relevance, after consultation with the National Council for the environ-
ment to be expressed within ninety days from this deadline richiesta.Decorso
without that the opinion has been expressed, the Minister decides.
2. The Minister for the sole purpose of obtaining, for the first composition of the Board
National Environment, backhoe loaders referred to in art. 12, paragraph 1, lett. c)
shall, within thirty days after the entry into force of this Act, a
prior identification of national associations and those pre-
feel in at least five regions, according to the criteria referred to in paragraph 1 above,
and inform the Parliament.
Art.14
1. The Minister of the environment ensures the widest dissemination of infor-
tions on the status of the environment.
2. Acts adopted by the National Council for the environment must be reasoned
vati and when their knowledge of the general interests of citizens and
respond to information needs of a diffuse character, are published for
extracted in the Official Gazette of the Italian Republic under Article
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Page 224
3 of Law 11 December 1984, n. 839, with the mention of the number Bollet-
Official vat of the Ministry of the Environment, which contains the full text by
acts themselves and the minutes of the sitting.
3. Any citizen has the right to access to information on the state of
the available environment, in accordance with the applicable law, at the offices of
public administration, and may obtain copies upon reimbursement of expenses
reproduction and the actual office expenses the amount of which is established by an act
the administration concerned.
Art.15
1. Roles and related staffing of the Ministry of the Environment are STA
biliti in accordance with Tables A and B attached to the present law.
2. The Board of Directors and the Ministry of discipline commissions
established according to the current standards, and perform the functions for which they provide.
3. The Ministry has set up a central Accounting dependent Mini-
Ministry of the Treasury.
4. In relation to the establishment of the plant referred to in the previous Ragioneria
paragraph 3, the staffing of the central roles of the Treasury -
General Accounting Office - is increased by a total of 35 units,
distributed as follows: three of the former auxiliary career, including two with the grade of com-
put (second functional level) and a committed leader with qualifying
(Functional third level); eleven former executive administrative careers,
including ten with higher qualifying coadjutor (functional level five);
three former technical executive career meccanografi with the qualification of opera-
technical regularly (fourth functional level); Eight former career concept, of which
seven with an accountant or secretary qualification (sixth functional level) and
with the grade of chief accountant or chief secretary (seventh functional level);
ten of the former managerial career, including seven with advisor qualification (seventh
functional level) and three with the position of added division (eighth
functional level).
5. The profiles of the official and ecological assistant will be determined
born under the Law of 29 March 1983 n. 93.
6. In the first application of this law, the coverage of the posts
organic Minister environment may by framing
in question:
a) the permanent staff already in positions of leadership and what role off
at the Presidency of the Council of Ministers and the service of the Of-
ficio Minister for ecology at the date of entry into force of the pre-
He feels the law;
b) the role of in-service personnel in other government departments
or public entities which, at the date of entry into force of this Act,
exercises functions relating to the powers of the Ministry dell'am-
environment;
c) the permanent staff in leadership positions at the Office of the Mini-
stro for ecology in accordance with Article 12 of the Law of 22 December 1984
n. 887, and subsequent amendments and additions.
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Page 225
7. The grading, with the conservation of qualification and seniority matu-
installment is prepared by decree of the Minister for the Environment, in consultation with the Mini-
stri treasure and for the civil service, felt, for the staff referred to pre-
transferor paragraph 6, letter b), the Minister responsible for the administration of pro-
venienza and, for that referred to in that paragraph 6, letter c), the head holders within the
Membership administered.
8. To make up for the first organizational and functional requirements of the Ministry
the environment, the Minister may use, the maximum
35 units of staff engaged under fixed-term contracts lasting
not exceeding two years chosen from among elements of adequate tech- qualification
nico-professional and whose remuneration will be determined by decree of the Mini-
stro Environment, in agreement with the Minister of the Treasury.
Art.16
1. In the first application of this law, the 30 percent of the seats
first manager under the attached Table A, is conferred by competition
Special Examination, the staff already belonging to the former career Directive
service at the Office of the Minister for Ecology the date of entry into force
of this Act, in possession of a university degree, he framed in the set-
tima in the eighth and functional status, with at least nine years of service carried
tive in the qualification itself.
Art.17
1. Pending the aggregation of all scientific and technical services with competent
Tenze on the environment and territory, including the formation of any
institutions and a data center, the Geological Survey of the Ministry of Industry,
Trade and Crafts is transferred to the Ministry of the Environment.
2. By decree of the President of the Council of Ministers, to be adopted within three
months from the date of entry into force of this Act, is regulated Pas-
essay of functions, assets and personnel, and the consequent change in
organic tables attached to this law.
art.18
1. Any malicious or negligent in violation of the law or of
Measures taken according to the law which adversely affects the environment, it
causing damage, by altering, spoiling or destroying in whole or in
part, obliges the perpetrator to pay compensation to the State.
2. For matters referred to in paragraph 1 belongs to the jurisdiction
ordinary courts, without the Court of Auditors, provided for in Article 22 of
Decree of the President of the Republic January 10, 1957, n. 3.
3. The action for compensation for environmental damage, even if exercised when
Criminal, is promoted by the State and by local authorities over which affect
The object of the harmful act goods.
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Page 226
4. The associations referred to in Article 13 and citizens, in order to solleci-
tare bringing an action on the part of persons entitled, may denun-
t from the damaging facts of environmental goods of which they have knowledge.
5. The associations identified in accordance with Article 13 of this Law POS
They are intervening in judgments for environmental damage and use case-when
administrative diction for the annulment of illegal acts.
6. The judge, that preclude an accurate quantification of the damage, it
It determines the amount on an equitable basis, taking into account, however, of the free of
activity of individual fault, the cost required for recovery and profit
achieved by the offender as a result of its behavior prejudicing the
environmental goods.
7. In cases of competition at the same event of damage, each responsible to
limits of their individual responsibility.
8. The judge, in the judgment of conviction, shall, where practicable, the restoration
the condition of the premises at the expense of the person responsible.
9. For the recovery of claims in favor of the state resulting from the judgments of
condemns the rules set out in the consolidated text of the law
concerning the collection of property revenues of the State, approved by
Royal Decree of 14 April 1910, n. 639.
9 bis. The amounts resulting from the recovery of claims in favor of the State for
damages referred to in paragraph 1, including those deriving from
the calling of guarantees in favor of the state, assumed to guarantee the risarci-
Chin same, shall be paid into the state budget, to be
reassigned, by the Minister of the Treasury, Budget and programming
Economic mazione, a rotation fund to be established under appo-
sita basic forecast unit of the state of the Ministry dell'am- prediction
environment, in order to finance, even in the process of anticipation:
a) perimeter of urgent interventions, characterization and commissioning for reliable
rity of contaminated sites, with priority given to areas for which took place
compensation for environmental damage;
b) interventions of remediation, reclamation and environmental recovery of the areas
for which took place on compensation for environmental damage;
c) clean-up and environmental restoration in the program
national remediation and environmental restoration of polluted sites that down in
Article 1, paragraph 3 of the Law of 9 December 1998, n. 426.
9-ter. By decree of the Minister for the Environment, adopted in consultation with the Mini-
stro of the Treasury, Budget and Economic Planning, are governed
nate the mode of operation and access to the aforesaid rotation the bottom,
including procedures for the recovery of the sums granted by way of
anticipation".
2. The decree referred to in paragraph 9 of Article 18-ter of Law 8 July 1986.
349, introduced by paragraph 1 of this Article, shall be issued within one hundred twenty
days from the date of entry into force of this Act.
3. The provision for charges in respect of remediation under
Article 9 of the Decree of the Minister for the Environment October 25, 1999, n. 471,
It constitutes a long-term burden to be amortized, for the sole purpose statutory, in a
period not exceeding ten years. the realization of the times remain unchanged
reclamation planned in the approved project and the criteria for the deductibility of
costs incurred, although not recognized as income.
226
Page 227
4. In order to ensure the optimal environmental restoration and to increase the level
Safety Accident through restructuring and structural change
tural of working environments in quarries in localized deposits of limestone
metamorphism with development at altitudes of over 300 meters, which for their meantime systems
turing and for the high gradient present dangerous situations of poten-
tial of particular relevance to the safety of workers, are granted
capital funding earmarked for particular programs valence
quality for recovering and for the purposes of prevention, approved by the municipality in
accordance with the opinion of the local health authority, within the limits of availability
ITL 8 billion for 2001, 15 billion for 2002 and 15 billion for 2003.
5. In Article 27 of the Decree of the President of the Republic April 9, 1959, n.
128, as amended, in the first paragraph, after the words' graduate
engineering "the following are inserted:" or in geology "and the second
paragraph, after the words: "Engineering Environment - Resources" by inserting
following: "or in geology."
6. Within sixty days from the date of entry into force of this Act, the
Minister of Industry, Commerce and Handicrafts, in consultation with the
Minister of Labor and Social Security, by decree, shall
define the procedures and access to the benefit of paragraph 4 criteria.
7. Anyone who has adopted or adopting the procedures set out in Article 17 of
Legislative Decree 5 February 1997, n. 22, and successive modifications, and of which
Decree of the Minister for the Environment October 25, 1999, n. 471, or has estimated
pulato or enters into framework agreements awarded through the same normal
lations, can not be punished for crimes directly related to pollution of the mind
site in place prior to the date of entry into force of that
Legislative Decree n. 22 of 1997, which are established as a result of
held, upon request of notification, under Article 17 of that
Legislative Decree n. 22 of 1997, as amended, if the Reac-
tion and the completion of the environmental interventions will be realized in
according to the above procedures or the these program agreements and the
local regulations.
8. The arrangement referred to in paragraph 7 is not applicable when the facts of pollution
They were committed by way of fraud or otherwise involving criminal activities
sometimes organized to make illegal gains in violation of environmental standards.
9. To bearable costs referred to in paragraph 6 of Article 17 of Legislative Decree 5
February 1997 n. 22, and in letters f) and i) of paragraph 1 of Article 2 of
Decree of the Minister for the Environment October 25, 1999, n. 471, refers, with rife-
rimento to plants in operation, those arising from a remediation that does not involve
a prolonged stoppage of production activities or that otherwise are not disproportionate
portioned than the annual revenue produced by the plant in question.
10. In order to preserve and enhance even for social and productive purposes, sites
and assets of mining with significant historical, cultural and environmental
such, it is assigned a funding lire 3 billion for 2001 and ITL 6
billion from the year 2002 to geo-mining Park of Sardinia, estab-
Tuito within sixty days from the date of entry into force of this Act,
by decree of the Minister for the Environment, in consultation with the Minister dell'indu-
industry, commerce and crafts, and the Minister for Universities and
scientific and technological research and in agreement with the Sardinia region and managed by
a consortium assimilated to the institutions mentioned in the law of 9 May 1989, no. 168, cost-
227
Page 228
Tuito from the Ministries of Environment, Industry, Commerce and dell'artigia-
born and universities and scientific and technological research, the sardines region
worthy, by the municipalities concerned and, if necessary, by other stakeholders.
In order to ensure the protection, knowledge and enhancement, even for purposes
social and employment, parks and museums inundated with significant value
environmental, historical, archaeological and cultural, it has awarded a grant to
lire 2 billion from the year 2001 for the parks located in the submerged
Bay waters in the Gulf of Pozzuoli and Gaiola in the Gulf of Naples, established by
Decree of the Minister for the Environment, in consultation with the Ministers for goods and atti-
cultural activity, transport and navigation and of Agriculture and Forestry
stali and in agreement with the Campania region, and managed by a consortium consisting of the
Ministry of Environment, the Ministry of National Heritage and Culture and the
Campania region, with the representation of environmental groups. THE
founding decrees referred to previous periods also lay down the incomplete activities
compatible with the purposes set out in this paragraph, the violation of which is applied
cano the penalties provided for in Article 30 of the Law of 6 December 1991 n. 394.
11. It is established by decree of the Ministry of the Environment, in agreement with the Ministry
Heritage and cultural activities, with the Ministry of Agriculture and Forestry
stali, with the regions of Abruzzo, Basilicata, Campania, Lazio, Molise and Puglia,
as well as with the national park authorities concerned, the national coordination
sheep tracks of transhumance and civilizations, within the action program
for sustainable development of the Apennines, called "Apennine Park
of Europe. " In such an arrangement they have been identified:
a) sites, itineraries human activities and assets that have relevance the Natura
ral, environmental, historical, cultural, archaeological, economic, social and
associated with the civilization of transhumance;
b) the objectives for the recovery, protection and enhancement of the sites and assets
referred to in subparagraph a) also to provide sustainable integrated development of
areas of the coordination referred to in this paragraph.
12. The national coordination referred to in paragraph 11 is operated by a consortium For-
mato, by the ministries, the regions and park authorities referred to in that paragraph 11,
and the provinces, municipalities and the mountain communities involved. at
promotion and development planning coordination of the par-
tecipano public and private entities, such as universities, environmental associations
tics and cultural, economic and voluntary organizations, social organizations.
13. The establishment and functioning of the coordination referred to in paragraphs 11:12
are funded within the maximum limits of expenditure of Lire 1,000 million in 2001, ITL
1,000 million in 2002 and Lire 1,000 million in 2003.
14. In order to preserve and enhance, also for social and productive purposes,
sites and assets of mining with significant historical, cultural and
environment, it is assigned a funding one billion lire for each of the
2001, 2002 and 2003 to technological and Archaeological Park of the hills
metalliferous of Grosseto and the museum Park dell'Amiata mines, set up
Decree of the Minister for the Environment, in agreement with the Minister for Heritage and activities
cultural and Tuscany region and managed by a consortium consisting of the Mini-
Ministry of the environment, the Ministry of National Heritage and Culture, by region
Tuscany and the local authorities. In order to allow the realization of works of RECOND
pear tree and the river Sile ufficiosit the restoration is authorized the expenditure of ITL 2
billion for the year 2001 in favor of Ente natural park of the river Sile.
228
Page 229
15. In order to preserve and enhance the ancient excavation sites and assets of
relevant historical evidence, cultural and environmental-related activities
mining, is assigned a 500 million pounds funding for each of the
years 2001, 2002 and 2003 the Archaeological Park of the Apuan Alps, established by
Decree of the Minister for the Environment, in agreement with the Minister for Heritage and atti-
cultural activity and with the Tuscany region and managed by a consortium consisting of the
Ministry of Environment, the Ministry of Heritage and Culture, the
Tuscany region, local authorities and Ente park of the Apuan Alps. Nell'in-
tense after consulting the municipalities concerned are identified:
a) the sites and the goods that have substantial value as historical evidence, cul-
tural and environmental associated with the mining activity;
b) the objectives for the recovery, conservation and enhancement of sites and
the goods referred to in subparagraph a).
16. The sites and the goods referred to in subparagraph a) of paragraph 15 included in the area
Regional Park of the Apuan Alps and the objectives referred to in point b) of
that paragraph 15 related to them are identified by the Ministry dell'am-
environment, in agreement with the Ministry of Heritage and Culture and the Body
park of the Apuan Alps.
17. By decree of the Minister for the Environment, issued jointly with the Minister
the Treasury, Budget and Economic Planning, has approved, within
sixty days from the date of entry into force of this Act, after hearing the
the competent parliamentary committees, the completion of the plan boni-
Pussy and environmental recovery of Bagnoli industrial area. The plan it and preach
He moves, within thirty days from the date of entry into force of this Act,
by the executive body provided for in Article 1, paragraph 1 of the Decree-Law 20
September 1996 n. 486, converted with amendments by Law 18 November
1996, n. 582, on the basis and in accordance with existing planning instruments
the area concerned and includes the completion of the actions already provided for in
cited article 1, paragraph 1 of the Decree-Law no. 486 of 1996, converted with
amendments by Law no. 582 of 1996, as well as the conservation of ele-
minds of industrial architecture provided by the last two periods of the predicted
Article 1, paragraph 1, introduced by Article 31, paragraph 43 of Law 23
December 1998, n. 448. On the floor, setting a deadline for the conclusion of
works financed are attached a technical-economic report on the state of
intervention already carried out and a time schedule relating to the execution of
future work, as well as a reasoned opinion of the municipality of Naples. For this purpose,
authorized the expenditure of Lire 50 billion for each of the years 2001 to 2003.
18. paragraphs 1, 3 are repealed to 13 and 15 of the article 1 of the aforementioned decree-
Law no. 486 of 1996, converted with amendments to Law no. 582 of 1996.
19. The high supervisory coordination Committee and the Committee con-
control and monitoring referred to in Article 1, paragraph 4 of Decree-Law
n. 486 of 1996, converted with amendments by Law no. 582 of the 1996 CES
healthy out their duties to the date of entry into force of the Decree of the Minister DEL-
the environment referred to in paragraph 17, with the presentation of a conclusion document
that of its summary of the work performed and costs incurred. The function of
supervision and control over the correct and timely implementation of the plan RECOND
pero Bagnoli is attributed to the Ministry of the Environment, which, in case of inos-
observance of the requirements and time limits established in the same plane, may, after
formal notice to comply within a reasonable term forecasts, have the affida-
229
Page 230
Chin to third parties for the execution of works to the detriment, in accordance with Article 17,
paragraphs 2, 9, 10 and 11 of Legislative Decree 5 February 1997, n. 22, and subsequent
modifications. The Minister shall report annually to Parliament
a report on the progress of the activities referred to in Article 1,
paragraph 1 of Decree-Law no. 486 of 1996, converted, with modifiers
tions, by Law no. 582 of 1996. In view of the public interest in
reclamation, to the recovery and enhancement of the area of Bagnoli, is attributed
faculties to the municipality of Naples, by 31 December 2001 to acquire ownership
of the areas of remediation through a partnership
urban transformation. In this case they can participate in the share capital,
until the full acquisition of the zone properties to the heritage of
same company, only the municipality of Naples, the province of Naples
and the Campania region. The town of Naples, following the transfer of pro-
ownership, takes over remediation activities currently managed by the company
Bagnoli spa transfer contracts, financing of spe-
cific attaching to them and those not yet used, including funding
for the completion of remediation, the work assignments will take place
according to current regulations for public administration with regard to
Law 11 February 1994, n. 109, and subsequent modifications, and also according
methods and procedures that ensure the maintenance of employment of
Employees of Bagnoli spa company in the reclamation activities. For the purposes
the acquisition by the municipality of Naples property areas
the subject of remediation projects, the fee is calculated by the technical
revenue based on the actual value of the land and buildings which, according to
the approved project completion, should remain in the area under
sale; It is deducted from the amount so determined, in order to obtain
of the transfer amount, 30 percent of state intervention used until
time of the sale in the clean-up activities. In the case of express waiver
by the municipality of Naples to the purchase of the areas subject to interventions
remediation, IRI or another owner, within nine months from the date of entry into
force of this Act, provides for alienation by public auction,
whose base price is determined by the technician according to the criteria of erariale
in the previous period, without deduction. Since the price for the award
tion is deducted for the State the value of the improvements made in their areas
concerned until the time of sale.
20. The decree referred to in paragraph 17 should indicate a list of industrial areas
priority, including those of former mineral extraction, falling in a plane
extraordinary for the cleanup and environmental restoration, and then how to
the drafting of the relevant recovery plans. For the realization of the floor straor-
nary for reclamation and environmental recovery has authorized the expenditure of Lire
10 billion for each of the years 2001, 2002 and 2003.
21. Except as provided by paragraphs 17 and 19 of this article, with Regulation
Chin to be issued pursuant to Article 17, paragraph 2 of the Law of 23 August
1998. 400, within the same period referred to in paragraph 17, after consulting
the competent parliamentary committees, is dictated discipline to the purchaser
sition of the subject to environmental reclamation areas by municipalities
in the areas involved in the extraordinary plan for the remediation and recovery
environment, with the aim of giving the municipality the right to acquire, within
a term defined, the properties of the object areas of remediation
230
Page 231
and, in case of explicit renunciation by the municipality itself, to dispose of the areas
same by public auction to be employed by the new owner
the completion of the clean-up costs.
22. In order to improve, enhance and adapt to European standards,
best available techniques and best environmental practices the progetta-
tion in the field of waste and reclamation and protection of inland waters, as well as
program initiatives to support actions in these areas of administra-
Public tions to increase the efficiency of its operations, including its
profile of the capacity utilization of resources resulting from co-financing
European Union, have set up in the Waste Management Service
and for land reclamation and service for the protection of inland waters Ministry
environment specific technical machines, each consisting of no more than
twelve experts highly qualified appointed by the Minister DEL-
the Environment, in consultation with the Minister of the Treasury, Budget and programming
mazione economic, with which it is established operation. For the cost-
institution and operation of the aforementioned machines spending is authorized
1,800 million lire per year for the years 2001 and 2002.
23. In paragraph 6 of Article 23-bis of the Legislative Decree of 11 May 1999, n.
152, introduced by Article 7 of Legislative Decree 18 August 2000, n. 258, the
words: "31 December 2000" are replaced by the following: "30 June 2001".
24. Subject to the provisions of Decree-Law of 20 September 1996
n. 486, converted with amendments by Law 18 November 1996, n. 582,
Article 1, paragraph 4, of Law December 9, 1998, n. 426, have been added at
Finally, the following points:
"P-bis) Sesto San Giovanni (industrial areas and relative landfills); p-ter) Napoli
Bagnoli-Coroglio (industrial areas) ".
25. In Article 1, paragraph 4, of Law December 9, 1998, n. 426 is added, in
Finally, the following letter:
"P-quater) Pioltello and Rhone".
26. In Article 29 of the Royal Decree of 13 February 1933, n. 215 is added, in
Finally, the following paragraph:
"The transfer of ownership and other real rights on assets acquired under
Assignment has constitutive nature and extinguish all other property rights
accident on the goods themselves. It remains subject to the possibility provided for in the penultimate
paragraph of Article 28 for those who demonstrate in court the ownership, on
assigned goods, real rights other than those contemplated by the plan riordi-
namento to see such entitlements established by the court. ".
27. In order to complete the remediation and the implementation of the Nature Park
Molentargius-Saline, established by the law of 26 February Sardinia region
1999, n. 5, the real estate included in Cagliari salt already in use all'Ammi-
self-tration of State Monopolies, upon agreement with the self region
noma of Sardinia, are transferred free of charge to regional governments.
28. In Article 43, paragraph 1, of the law 17 May 1999 n. 144, after
words: "Malpensa 2000", the following is inserted: "as well as the realization
environmental monitoring and outsourcing operations or fina-
lizzati to compensation and environmental mitigation of the effects of
the activities of Malpensa 2000 ".
231
Page 232
Art.19
1. The cost resulting from the application of this law is provided
through the use of the appropriations entered under Subsection 38 (Office of the Mini-
stro for ecology) of the Presidency of the Council estimate of
Ministers for the financial year 1986 and multi-year budget from 1986 to 1988, twenty-that
Gono for integrated goal of 10 billion lire for the year 1986 of 15 billion lire
for 1987 and ITL 20 billion for the year 1988. At greater than 10 pounds burden
billion in the year 1986, ITL 15 billion for 1987 and ITL 20 billion
for the year 1988 for by a corresponding reduction in the speci-
Fig provision in writing, for the three-year budget 1986-1988, the capi-
tolo 6856 of the Ministry of the Treasury estimate for the financial year
lation 1986.
2. The Ministry of the Treasury is authorized to issue, by decree, the occor-
ferent budgetary changes.
232
Page 233
233
Realized by:
- Dr. Mariano Tramutoli
- dott.sa Maria Pia Vaccaro
- Alfa dott.sa Carola
- arch. Michele Baldassarre
Collaborations
- Dr. Francesco Pesce
(Executive Office of Environmental Compatibility)
- ing. Nicola Grippa
- arch. Enzo Petruzzi
In the same series:
No. 1 - CODE OF REGIONAL ENVIRONMENT
No. 2 - MONITORING THE ENVIRONMENT IN Melfese
No. 3 - ORGANIZATIONAL STRUCTURE AND REGULATION OF THE AGENCY
FOR THE ENVIRONMENT
No. 4 - ANALYSIS OF THE INTEGRATED SYSTEM OF EMISSIONS
IN THE REGION OF BASILICATA
No. 5 - TECHNICAL MANUAL OF ENGINEERING NATURAL
Page 234
234
FINISHED IN PRINT
IN THE MONTH OF September 2001
EDITORIAL IN PLANT STES Ltd.
of ZAFARONE & BEAUTIFUL
BY ELECTRONICS, 6 - POWER
TEL. and fax 0971 / 471700-471441
www.stes.it

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