the Mite responds to a request from an association

Clarifications on the validity of the collection and management plans prior to the entry into force of Legislative Decree 197/2021 and on the fact that the exemption certificate may continue to be issued by the maritime authority of the port in which it is requested. bid.

Shipwrecks: In response to a question from the “Amici della Terra” association, Il Mite provided clarification on the issue of permits.

In particular, the questions relate to:

  • whether the collection and management plans prior to the entry into force of Legislative Decree 197/2021 remain in force until their adaptation;
  • if the exemption certificate can continue to be issued by the maritime authority of the port in which it is requested.

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Below are the texts of the interpellation and the response of the Ministry of Ecological Transition.

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Interpellation of the association “Amici della Terra” Onlus

Subject: Environmental resolution in accordance with Art. 3 septies of Legislative Decree 152/2006 (Legislative Decree 77/2021, converted with Law 108/2021). Article 5 Legislative Decree November 8, 2021 n. 197 – Ship waste.

This question is posed in relation to the issue relating to the interpretation of the provisions of Legislative Decree 8 November 2021 n. 197 relating to port reception facilities for the delivery of ship’s waste and in particular, in the absence of transitional provisions in this regard, on the correct application of art. 8 pending the elaboration, approval and operation of the waste collection and management plan in accordance with the provisions of the same decree and the criteria indicated in its annex 1, as established in art. 5 c. 1.

Premise

The controls carried out in numerous ports revealed a difference in the assessment by the competent administrations with regard to the issue of exemptions / exemptions and the consequent tariff system. These measures, in relation to the Single Port, involve the AdSP (Port System Authorities) or the Maritime Authorities.

Specifically, the clarification refers to:
The validity and, therefore, the validity or not, until its adequacy, of the plans of collection and management of waste of the Port and of the consequent acts adopted until the moment, including the so-called tariff ordinances dictated by virtue of the previous legislation.

With regard to the request for clarification, it should be noted that the competent authorities have a period of twelve months from the entry into force of Legislative Decree 197/2021 to draw up, approve and execute the collection plan and waste management in compliance with the provisions of this decree. and the criteria set out in Annex 1.

It is assumed, therefore, that the Legislature wanted to grant a period of twelve months to avoid a regulatory gap arising from the repeal of Legislative Decree 182/2003 and subsequent application of Legislative Decree 197/2021.

In this sense, it is shown that there can be no temporary gap in the planning, and as an example, the inferable principle of art. 199 c. 8 of Legislative Decree 152/2006, which provides that the current one shall remain in force until the regional waste management plan is adjusted. This is a principle that has a strong ratio that is reinforced by the close link between the Port’s Waste Collection and Management Plan and the Autonomous Waste Management Plan established by section 2 of art. 5 «For the purposes of approving the Plan referred to in section 1 and integrating, for the aspects related to management, with the Territorial Waste Management Plan referred to in article 199 of Legislative Decree no. . 152 of 2006, the Plan is communicated promptly to the competent region, which assesses its coherence with the Autonomous Waste Management Plan, expressing itself within sixty days from the date of receipt of the communication ” and section 4 which states that “In ports where the competent authority is the maritime authority, which in accordance with the competent region issues its own ordinance which constitutes a waste collection plan. The same constitutes an integration, for the relative aspects to the management, to the autonomic Plan of management of waste to that refers article 199 of the legislative decree of 3 April 2006, n. 152. “

Interpellation

In relation to the premises, the obvious interpretative criticalities present in the legislative Decree 197/2021, we ask:

1) If the Port’s waste collection and management plans in force before the entry into force of Legislative Decree 197/2021, until their adaptation, remain in force and with them also all the consequent administrative acts adopted so far by the competent authorities, including the so-called tariff ordinances, and the existing and possibly extended lines of credit related, in order to avoid interruptions in the public service;
2) if, for the purpose of granting the exemption in accordance with art. 9 and pending further clarification, the exemption certificate may continue to be issued by the Port Authority of the Port in which it is requested, the competent authority also for the purposes of the corresponding controls.

***

Response of the Ministry of Ecological Transition May 26, n. 65963

Subject: Response to sentence in accordance with Art. 3-septies of Legislative Decree April 3, 2006, n. 152 – Article 5 of Legislative Decree no. 197/2021 – Ship waste.

QUESTION

With a request for resolution, the following clarification was requested:

– If the Port’s waste collection and management plans in force before the entry into force of Legislative Decree 197/2021, until their adaptation, remain in force and with them also all the consequent administrative acts adopted so far by the competent authorities, including so-called tariff ordinances, and existing and possibly related lines of credit, in order to avoid disruptions to the public service;
– if, for the purposes of granting the exemption in accordance with art. 9 of Legislative Decree 197/2021, the exemption certificate may continue to be issued by the Port Authority in which it is requested, a competent authority also for the purposes of the corresponding controls.

REGULATORY REQUIREMENTS

With reference to the proposed question, the following is reported:
– Legislative Decree November 8, 2021, n. 197 – Transposition of Directive (EU) 2019/883 of the European Parliament and of the Council of 17 April 2019 on port reception facilities for the shipment of waste from ships amending the Directive 2010/65 / EU and repealing Directive 2000. / 59 / EC;
– Legislative Decree April 3, 2006, n. 152, “Environmental regulations”, amended by the legislative decree of September 3, 2020, n.116;
– Law 28 January 1994, n. 84 and subsequent amendments – Reorganization of port legislation.

CONSIDERATIONS OF THE MINISTRY OF ECOLOGICAL TRANSITION

The following considerations are made in compliance with the conditions and terms referred to in Article 3- septies of Legislative Decree 152/2006.

First of all, it is necessary to present a brief summary of the regulatory provisions relating to the issues raised.

The Port System Authorities and the Maritime Authorities (if not the first ones) draw up ship waste management plans, in accordance with the principles of Legislative Decree no. 197/2021, in order to protect the marine and terrestrial environment from port waste and, in particular, Article 5 (1), entitled “Waste collection and management plan”, establishes that the said Authorities shall draw up, approve and the collection of waste from the ship. and operational management plans – within twelve months from the date of entry into force of the same decree.

In ports where the Competent Authority is the Maritime Authority, the latter, in agreement with the competent Region, shall issue its own ordinance constituting a waste collection plan, in accordance with Article 5 (4) of the Legislative Decree no. Lgs. 197/2021. The same constitutes an integration, for the relative aspects to the management, to the autonomic Plan of management of waste to that refers the article 199 of the legislative decree of 3 of April of 2006, n. 152.

The competent Region shall, within a period of sixty days from the date of receipt of the communication, assess the consistency of the port waste management plan, drawn up by the authority responsible for the linked ports, with the regional management plan. waste, referred to in article 199 of Legislative Decree no. 152/2006, with notice for compliance in case of non-compliance with the plan (in the terms provided for in section 1 of article 5, Legislative Decree no. 197/2021) and with the possible subsequent appointment of an ad act. commissioner for default.

Tariffs to cover the costs of port facilities for the collection and treatment of ship waste shall be determined by the competent authority, whether the Port System Authority or the Maritime Authority, in accordance with the provisions of the Article 8 and Annex 4 of the Act. Decree No. 197/2021, and included in the port waste collection and management plans.

That said, in relation to the first issue, in order to ensure the continuity of services, it is specified that the cessation of the temporary effectiveness of the ship’s waste management plans – pre-existing – is subject to approval and entry into operation of the new plans. Accordingly, it should be considered that, pending further elaboration and approval, the plans in question and the corresponding “consequential” acts issued by the competent authorities shall continue to be in force and take effect.

It should also be noted that the tariffs relating to the costs of the port waste management service are previously regulated by the competent authorities and are indicated in the plans, or in the ordinances if the competent authority is the maritime authority, as establishes the Legislature. Decree 197/2021.

In relation to the second question, it is specified that the exemptions relating to the obligations provided for in Articles 6, 7 paragraph 1, and 8 are subject to the conditions strictly indicated in paragraph 1, Art. 9 Legislative Decree no. 197/2021, which faithfully informs the provisions of Article 9 of Directive 2019/883. The exemption certificate is issued by the competent authority, as defined in decree no. 197, in which the port designated for this purpose is located, in compliance with art. 9 section 1, same decree, while the assessment of the conditions of exemption and its consequent application to ships arriving at the port is the responsibility of the maritime authorities.

The above considerations must be considered relevant and valid in relation to the question raised, to the exclusion of any reference to specific procedures or procedures in progress, for which all relevant elements in the specific case must be taken into account. . , in the State, unknown and not belonging to the scope of the powers of this Administration.

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