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*End of Waste – An empty regulation

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  • *End of Waste – An empty regulation

*End of Waste – An empty regulation

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While throughout Europe materials that cease to be waste products and become goods are being sold on the market, in Italy a situation of deadlock persists due to an empty regulation that risks crippling companies such as Ecoplasteam.

Dispositions on authorizations granted to recycling plants – more than once announced by Minister for the Environment Sergio Costa – were removed from the Simplification Decree approved in December 2018. To be precise, the dispositions dealing with “End-of-waste”, the European standard through which a waste product, if it follows certain criteria, can lose its status as “waste” and become a “product” when reused in a new production cycle.

Today, Italy has specific regulations for only a very few products, such as, for example, used tires. Everything else that is recycled remains forever “waste”, and the regulations governing waste remain restrictive. The “End-of-waste” regulation devised by the Ministry was removed from the Simplification Decree because, as drafted, it would not have simplified anything.

At present, the Regions, although not in agreement with the Council of State, do not issue or renew authorizations on a case by case basis for activities related to the recovery and recycling of waste materials.

The text of the Amendment:
Signed by Senators Moronese, Nugnes, La Mura, L’Abbate, Mantero, Ortolani, Quarto, Gallicchio.
AS 981
Amendment to Article 1
After Paragraph 431, add the following:
«431-bis. “To Article 184-ter of Legislative Decree No. 152 of 3 April 2006, after Paragraph 5 add the following paragraphs:
“5-bis. For each type of waste, until the decree referred to in Paragraph 2 enters into force, and in compliance with the general criteria laid down by the decree referred to in Paragraph 5-ter, the specific criteria referred to in Paragraph 1 may be established on a case by case basis, in respect of the conditions indicated in Paragraph 1, through the issuing of authorizations in accordance with Articles 208, 209 and 211 and the provisions contained in Section III-bis of the second section of this decree.
5-ter. With the decree adopted in accordance with Article 17, Paragraph 3, of Legislative Decree No. 400 of 23 August 1988, within nine months of the present law entering into force, subject to the opinion of the Standing Conference for Relations with the State, Regions and Autonomous Provinces of Trento and Bolzano, the Minister for the Environment and the Protection of Land and Sea identifies the general criteria concerning a list of waste products with relevant indications to their EER codes for the purpose of issuing the authorizations referred to in Paragraph 5-bis, with specific reference to checks carried out on waste products entering into factories in which such operations are carried out, as well as checks carried out on the resulting substances and materials.
431-ter. Until Article 184-ter, Paragraph 5-ter, of Legislative Decree No. 152 of 3 April 2006 enters into force, the Authorities responsible for the issuing of the authorizations referred to in Articles 208, 209 and 211 and those pursuant to Title III-bis of the second section of Legislative Decree No. 152 of 3 April 2006, will verify, on the basis of the results of checks and controls carried out by the National Network for Environmental Protection in accordance with Law No. 132 of 28 June 2016, the compliance of the authorizations already issued, at the date of entry into force of this present law, pursuant to the conditions of Article 184-ter, Paragraph 1 of the aforementioned legislative decree. For these purposes, authorizations will be considered non-conformity if they contrast with the characteristics of the raw materials or products obtained, as per the general technical standards for the recovery of non-hazardous waste materials pursuant to Annex 1, Sub-Annex 1, of the Ministerial Decree from the Minister for the Environment and the Protection of Land and Sea of 5 February 1998, and the standards relative to the recovery of hazardous waste materials pursuant to Annex 1, Sub-Annex 1, of Ministerial Decree No. 161 from the Minister for the Environment and the Protection of Land and Sea of 12 June 2002, as well as the provisions of Ministerial Decree No. 286 from the Minister for the Environment and the Protection of Land and Sea of 17 November 2005. If the authorizations issued pursuant to Articles 208, 209 and 211 and Title III bis of the second section of Legislative Decree No. 152 of 3 April 2006, concern recovery activities not taken into consideration by the aforementioned decrees, or the characteristics of the substances or products obtained do not conform to those taken into consideration by the aforementioned decrees, conformity controls and checks in respect of the guidelines issued by the Minister for the Environment and the Protection of Land and Sea, to be adopted subject to the opinion of the Standing Conference for Relations with the State, Regions and Autonomous Provinces of Trento and Bolzano, must be carried out within three months of entry into force of this present Law. In the cases of ascertained discrepancies, the competent Authorities will request that the holder of the authorization carry out modifications, integrations or in any case the required adjustments within a 60-day period. In the case that the discrepancy is such not to permit the required adjustments, or in the case of failure to enact the required adjustments within the aforementioned period of time, the competent Authorities shall revoke the authorization. The re-examination process does not constitute a valid reason for the suspension of the validity of the authorization.
431-quater. In order to make the authorizations referred to in Paragraph 431-ter compliant with the decree referred to in Article 184-ter, Paragraph 5-ter, of Legislative Decree No. 152 of 2006, authorization holders must present a request for the updating of authorizations to the competent Authorities within six months of this decree entering into force.
431-quinquies. In order to make the authorizations referred to in Paragraph 431-ter compliant with the decree referred to in Article 184-ter, Paragraph 2, of Legislative Decree No. 152 of 2006, in relation to individual types of waste, authorization holders must present a request for the updating of authorizations to the competent Authorities within 120 days of this decree entering into force.
431-sexies. In order to ensure the enactment of preliminary activities concerning the adoption of the decree referred to in Paragraph 431-ter and the decrees referred to in Paragraphs 2 and 5–ter of Article 184-ter of Legislative Decree No. 152 of 3 April 2006, the Minister for the Environment and the Protection of Land and Sea is authorized to appoint personnel, also to be placed inside the legislative office, with the required technical, scientific and/or legal competences and professional experience to carry out the identified activities in accordance with Article 17, Paragraph 14, of Law No. 127 of 15 May 1997. Selected personnel will remain charge of the Administration of origin. In the absence of suitable skilled professionals, the Minister for the Environment and the Protection of Land and Sea is authorized to offer freelance contracts, also within the legislative office, through a selection process of qualifications and interviews, to find suitable personnel, also from outside Public Bodies, with the professional skills and experiences required. For the purposes referred to in this paragraph, the annual sum of 200,000 euro is authorized for the years 2019 – 2023. As a consequence, the following modifications have been made to Tabella A of the Minister for the Environment and the Protection of Land and Sea:
2019: – 200,000
2020: – 200,000
2021: – 200,000

Updated text of 19 December, 4:30 pm – Clash of amendments.
Signed by Senators Briziarelli, Arrigoni, Zuliani, Cantù, Rivolta, Ferrero, Solinas.
The text:
After Paragraph 431, add the following:
431-bis. “To Article 184-ter of Legislative Decree No. 152 of 3 April 2006, after Paragraph 5, the following paragraph is added:
5-bis “Until the entry into force of the decree referred to in Paragraph 2 establishing the criteria for the termination of the status of waste relevant to their EER codes, the specific criteria referred to in Paragraph 1 are established on a case by case basis by way of authorizations issued in accordance to Articles 208, 209 and 211, as well as pursuant to the provisions contained in Title III-bis of the second section of this present decree”.

SOURCE: https://www.ilsole24ore.com/art/impresa-e-territori/2018-12-17/rifiuti-rispunta-norma-azzoppa-riciclo-rischio-ricupero-182439.shtml?uuid=AEOkaN1G

 

In reference to the above, and while we await a comprehensive regulation, the terms waste and end of waste as used by Ecoplasteam are to be considered explanatory as to the origins of the materials used by Ecoplasteam for the production of Ecoallene, and as such synonyms of  materials.