Environmental management is becoming stricter and more circular

By 1 July 2030, the operator must have an environmental management system in place, verified by an audit carried out at least every three years and published online; ISO 14001:2015 and EMAS are recognised as equivalent. For energy, metals, mineral products, chemicals, paper, cardboard and wood-based panels, by 30 June 2030 the system must include a transition plan towards climate neutrality by 2050.

For each sector, the EU sets out the best available techniques (BAT) and the achievable emissions range (BAT-AEL): The Hague’s limits must fall within the most stringent part of this range. Limits are being introduced on water use and indicative targets on waste and resources. Exemptions are permitted only at the request of the company, justified in a public annex and reviewed at least every four years.

The Ministry of Health is permanently involved in the preliminary investigation; the health authority may request that an authorisation already granted be reviewed; and the new Article 33-bis provides for compensation for damage to health pursuant to Article 2043 of the Civil Code. Furthermore, in the event of persistent breaches or breaches occurring more than twice a year, suspension is triggered; false declarations regarding the restoration of compliance have no legal effect; and the frequency of monitoring for groundwater and soil is reduced from five to four years and from ten to nine, respectively.

Where necessary, the application must include the ‘end-of-waste’ declaration, certifying that a material is no longer waste and may be placed back on the market as a product; the authority carries out spot checks on this. The criteria for excluding gasification and pyrolysis plants from the regulations governing incineration (Article 237-quater) have changed, as have the monitoring requirements of emissions is extended to include start-up and shut-down phases, with estimates of dioxins, furans and dioxin-like PCBs (Article 237-quattuordecies).

Large combustion plants in small isolated electricity systems may defer compliance with the limits for sulphur dioxide, nitrogen oxides and particulate matter until 1 January 2030; those complying with the Hague limits are also in compliance with Article 273. With regard to landfill sites, Article 1(2) of Legislative Decree 36/2003 is repealed, and any extension of the operating period requires prior updating of the Hague Convention at the operator’s request.