European Parliament 2014-2019

Committee on Petitions

31.10.2017

NOTICE TO MEMBERS

Subject: Petition 0273/2010 by Mariagrazia Canuti (Italian), on the Malagrotta waste disposal site near

Petition 1173/2012 by Giorgio Libralato (Italian), on the discharge of solid urban waste in Montello (Latina-)

Petition 1177/2012 by Alberto La Cognata, Rudolfo Warcok, Alesandro Pacili (Italian), on the dell’Ortaccio waste disposal site (Rome)

Petition 2160/2013 by Gaetano Savoca (Italian) concerning the Cupinoro landfill site in the province of Rome

Petition 2167/2013 by Claudia Casetti (Italian) concerning the Cupinoro landfill site

Petition 2222/2013 by Angelo Alfani (Italian) concerning the Cupinoro landfill site in the municipality of (Lazio – )

Petition 2330/2013 2013 by Roberta Angelilli (Italian) and Alfredo Antoniozzi (Italian), on the situation concerning waste management in the Province of Rome and proposed use of the landfill site in Cupinoro

Petition 2478/2013 by Marco Tellaroli (Italian), on the Cupinoro landfill site

1. Summary of petition 0273/2010

The petitioner expresses concern at the disposal of waste in the Malagrotta area, the infringement of environmental provisions in this respect, and the steady accumulation of mounds of waste at the roadside and the resulting danger of landslips (one having already occurred necessitating the diversion of traffic) as well as air pollution by particles and the pollution of drinking water as a result of waste water seepage. Sand is periodically scattered over accumulated waste water both inside and outside the disposal sites, causing further

CM\1138404EN.docx PE452.727v10-00

EN United in diversityEN seepage, thereby endangering the entire ecosystem. Furthermore, according to the petitioner, the waste disposal site emits malodorous and toxic fumes when exposed to summer temperatures.

Summary of petition 1173/2012

The petitioner expresses concern at the disposal of solid urban waste at Borgo Montello without suitable mechanical-biological treatment.

He describes the Borgo Montello disposal site as an eco-Mafia hub following its infiltration by Camorra-run organised crime, indicating that that, since 1996, it has been used for the disposal of barrels containing toxic waste. Site improvement measures have been delayed for many years and even now little progress has been made.

Summary of petition 1177/2012

The petitioners are opposed to the siting of a new waste disposal site at Monti dell’Ortaccio close to the Malagrotta waste disposal site, which is to be closed down.

The Monte dell’Ortaccio waste disposal site will be situated in the ‘Valle Galeria’, a residential area already affected by high levels of pollution.

The project has already prompted strong protests from local residents and their representatives, particular concern being expressed regarding groundwater contamination.

Summary of petition 2160/2013

The petitioner expresses concern at waste management shortcomings in Lazio, particularly in the province of Rome. He also objects to the use by the Rome city authorities of a small landfill site in Cupinoro near the lake of Bracciano.

Summary of petition 2167/2013

The petitioner expresses concern at waste management shortcomings in Lazio, particularly in the province of Rome. He also objects to the use by the Rome city authorities of a small landfill site in Cupinoro near the lake of Bracciano.

Summary of petition 2222/2013

The petitioner expresses concern at the shortcomings of waste management in Lazio, particularly in the province of Rome, objecting to the use by the Rome city authorities of the small landfill site at Cupinoro situated near .

Summary of petition 2330/2013

The petitioners draw attention to the inefficiency of waste management in Lazio, and particularly in the Province of Rome. They are especially protesting against use by the city of

PE452.727v10-00 2/10 CM\1138404EN.docx EN Rome of the small landfill site in Cupinoro, which is close to Lake Bracciano.

Summary of petition 2478/2013

The petitioner draws attention to the inefficient management of waste in the Lazio region, and in particular in the province of Rome. In this regard, he protests at the use by part of the City of Rome of the small landfill site in Cupinoro, near Lake Bracciano.

2. Admissibility

Petition 0273/2010 declared admissible on 17 June 2010. Petition 1173/2012 declared admissible on 11 January 2013 Petition 1177/2012 declared admissible on 14 January 2013. Petition 2160/2013 declared admissible on 5 September 2014. Petition 2167/2013 declared admissible on 5 September 2014 Petition 2222/2013 declared admissible on 17 September 2014 Petition 2330/2013 declared admissible on 22 September 2014 Petition 2478/2013 declared admissible on 23 October 2014

Information requested from Commission under Rule 216(6).

3. Commission reply to petition 0273/2010, received on 10 November 2010.

The petitioner's claims are related to the management of the Malagrotta site. It is relevant to point out that the Commission has already opened an investigation on the Malagrotta site. Further to a first exchange of information with the Italian authorities, an additional request for clarifications was issued in June 2010 and the reply by the Italian authorities is currently awaited. Once the reply is received, it will be assessed by the Commission in order to ascertain if there is a violation of EU legislation.

At present, it is not possible to anticipate the outcome of the ongoing investigation. The Commission will report on the outcome of the investigation and possible actions in due course.

4. Commission reply (REV) to petition 0273/2010, received on 10 June 2011 .

Following a meeting which took place in January 2011, the Italian Authorities sent the Commission a note providing further clarifications for the purposes of the investigation concerning the Malagrotta landfill on 3rd March 2011.

On the basis of the assessment of this reply, the Commission will decide on the next steps that should be taken.

5. Commission reply (REV. II) to petition 0273/2010, received on 6 Septembre 2011 .

The assessment of the note sent to the Commission by the Italian authorities on 3rd March 2011 indicated that in the Malagrotta landfill (Rome), and possibly in other landfills of Lazio, a certain amount of waste is landfilled without having been treated prior to landfilling. According to the Commission, this constitutes a breach of Article 6 (a) of Council Directive

CM\1138404EN.docx 3/10 PE452.727v10-00 EN 1999/31/EC of 26 April 1999 on the landfill of waste1, which foresees that Member States shall take measures in order that only waste that has been subject to treatment is landfilled.

Therefore, the Commission launched an infringement procedure and, on 16th June 2011, sent a letter of formal notice to the Italian Republic.

6. Commission reply, received on 27 March 2013

Petition 1173/2012

The Commission is closely monitoring the waste situation in Lazio in the framework of three files: infringement procedure 2011/4021, concerning the treatment of the waste disposed of in the Malagrotta landfill and other Lazio landfills; investigation 3075/12/ENVI, concerning the measures planned in Lazio to ensure a proper management of waste once the Malagrotta landfill is closed; investigation 3585/12/ENVI, aimed at ensuring that any new landfill in Lazio complies with the relevant EU legislation, and in particular with Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (SEA Directive)2 and with Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (EIA Directive)3.

As concerns the disposal of municipal waste at the Borgo Montello landfill without suitable mechanical-biological treatment, this issue is covered by the abovementioned infringement procedure 2011/4021.

As regards the illegal disposal of hazardous waste mixed with municipal waste in Italy, the Commission has received several allegations on this issue and is addressing it. This issue was one of the topics discussed at a recent seminar on management of municipal waste in Central and Southern Italy. Should the Commission receive evidence of breaches of EU law, appropriate action will be taken. As regards in particular the alleged illegal disposal of toxic waste in Borgo Montello, the Commission further observes that according to the petitioners this issue is the object of ongoing investigations launched by the Italian judicial authorities.

Conclusion

The Commission will continue to monitor closely the situation relating to the management of waste in Lazio in the framework of the abovementioned ongoing activities.

Petition 1177/2012

The Commission is closely monitoring the waste situation in Lazio in the framework of three files: infringement procedure 2011/4021, concerning the treatment of the waste disposed of in the Malagrotta landfill and other Lazio landfills; investigation 3075/12/ENVI, concerning the measures planned in Lazio to ensure a proper management of waste once the Malagrotta landfill is closed; investigation 3585/12/ENVI, aimed at ensuring that any new landfill in Lazio complies with the relevant EU legislation, and in particular with Directive 2001/42/EC on the assessment

1 OJ L 182, 16.7.1999, p. 1-19. 2 Official Journal L 197 of 21/07/2001, pages 30-37. 3 Official Journal L 026 of 28/01/2012, pages 1-21.

PE452.727v10-00 4/10 CM\1138404EN.docx EN of the effects of certain plans and programmes on the environment (SEA Directive)1 and with Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (EIA Directive)2.

Decisions about the location and construction of waste management installations – such as the proposed landfill at Monti dell'Ortaccio – are to be taken by the competent national authorities. The Commission cannot interfere with such decisions, provided that they are taken in compliance with the relevant EU law, particularly the SEA and EIA Directives as well as Directive 2008/98/EC on waste (Waste Framework Directive)3. So far, the Commission has no evidence that EU law has been breached in relation to any of the new landfills proposed in Lazio. Should the Commission receive evidence of breaches of EU law, appropriate action will be taken.

Conclusion

The Commission will continue to monitor closely the situation relating to the management of waste in Lazio in the framework of the above mentioned ongoing activities.

7. Commission reply (REV. III) to petition 0273/2010, received on 30 April 2013.

The Italian authorities replied to the reasoned opinion by letters of 3 and 6 August 2012. Assessment of these replies showed the following: • In Lazio there is an insufficient mechanical-biological treatment (MBT) capacity and this MBT deficit will probably exist until 2015. Therefore, some of the Lazio waste is landfilled in Malagrotta, as well as in other Lazio landfills, without having undergone a treatment including proper sorting of the different fractions and some kind of stabilization of the organic fraction contained in the waste. This is in breach of Article 6 (a) of Directive 1999/31. • The MBT deficit in Lazio shows that Italy has failed to establish in Lazio an adequate network of installations for waste management taking into account best available techniques. This is in breach of Article 16(1) of Directive 2008/98.

Based on the above assessment, on 21 March 2013 the Commission decided to submit the case to the EU Court of Justice under Article 258 TFEU.

8. Commission reply (REV) to petitions 1173/2012 and 1177/2012 , received on 31 January 2014

In the framework of infringement procedure 2011/4021, concerning the treatment of the waste disposed of in the Malagrotta landfill and other Lazio landfills, the Commission applied to the EU Court in June 2013. This case is aimed at ensuring that Lazio is equipped with the necessary mechanic-biological treatment (MBT) capacity, so that the waste landfilled in all the Lazio landfills is adequately treated. The case is still pending before the EU Court. As concerns the disposal of municipal waste at the Borgo Montello landfill without suitable MBT, this issue is covered by the case pending before the Court.

1 Official Journal L 197 of 21/07/2001, p. 30. 2 Official Journal L 026 of 28/01/2012, p. 1. 3 Official Journal L 312 of 22/11/2008, p. 3.

CM\1138404EN.docx 5/10 PE452.727v10-00 EN As concerns the Commission's investigations (ref. 3075/12/ENVI and 3585/12/ENVI), these files have been closed in January 2014 because no evidence has been found of breaches of EU environmental law and the questions raised by the Commission have been clarified by Italian authorities. Conclusion The Commission will continue to monitor the situation relating to waste management in Lazio in the framework of the abovementioned infringement procedure.

9. Commission reply (REV. IV), received on 30 January 2015.

Petitions 273/2010, 1173/2012 and 1177/2012 On 15/10/2014, the Court of Justice of the EU issued its judgment in the case initiated by the Commission within the infringement procedure (Case C-323/13). In this judgment, the Court found that Italy has failed to comply with the Landfill and Waste Directives in the Lazio region because some of the municipal waste landfilled in Lazio was not subjected, prior to landfilling, to a mechanical-biological treatment (MBT) that would ensure sorting of the different waste fractions and stabilisation of the organic fraction contained in the waste. The Court also found that, as a consequence of the insufficient MBT capacity in Lazio, Italy has failed to ensure that the region has an integrated and adequate network of waste disposal installations for mixed municipal waste taking into account best available techniques. Conclusion Following the above judgment, the Commission will check that the Italian authorities take the necessary measures to execute it. The Commission would like to point out that the above judgment concerns several Lazio landfills, including Borgo Montello (petition 1173/2012) and Malagrotta (petition 273/2010). However, Monti dell'Ortaccio (petition 1177/2012) is not covered by the above judgment. In fact, as confirmed by the information provided by the petitioner, Monti dell'Ortaccio is a landfill which has never started operations and whose permit has been officially annulled by the Italian authorities. Therefore, the Commission could not identify any breach of EU environmental law.

10. Commission reply, received on 30 January 2015.

Petitions 2160/2013, 2167/2013, 2222/2013, 2330/2013 and 2478/2013 As concerns the situation of waste management in Lazio, on 15/10/2014 the EU Court issued its judgment in the case initiated by the Commission within the infringement procedure (Case C-323/13). In this judgment the Court found that Italy has failed to comply with Directive 1999/31/EC (Landfill Directive)1 and Directive 2008/98/EC (Waste Directive)2 in the Lazio region

1 Directive 1999/31/EC on the landfill of waste (Official Journal L 182, 16.7.1999, p. 1).

PE452.727v10-00 6/10 CM\1138404EN.docx EN because some of the municipal waste landfilled in Lazio was not subjected, prior to landfilling, to a mechanical-biological treatment (MBT) that would ensure sorting of the different waste fractions and stabilisation of the organic fraction contained in the waste. The Court also found that, as a consequence of the insufficient MBT capacity in Lazio, Italy has failed to ensure that the region has an integrated and adequate network of waste disposal installations for mixed municipal waste taking into account best available techniques. As regards the Cupinoro landfill mentioned by the petitioners, this landfill is covered by the above judgment because it is one of the Lazio landfills where some municipal waste has been disposed of without the necessary MBT. On the other hand, as concerns the Italian authorities' intention to build a new landfill in Falcognana, the information available to the Commission, including the information submitted by the petitioners, does not allow to identify a breach of EU environmental law. In particular, the Commission has no evidence that the project has been finally authorised in breach of Directive 2011/92/EU (EIA Directive)1 or in breach of other relevant EU provisions, including in particular the Landfill and Waste Directives. Conclusion Following the above judgment, the Commission will check that the Italian authorities are taking the necessary measures to ensure that the Lazio landfills, including the Cupinoro site, do not receive waste which has not undergone the necessary MBT. On the other hand, as concerns the Italian authorities' intention to build a new landfill in Falcognana, since at this stage there is no evidence of a potential breach of EU environmental law, the Commission will not investigate further into the matter.

11. Commission reply (REV V), received on 29 September 2015.

Petitions 273/2010, 1173/2012, 1177/2012, 2160/2013, 2167/2013, 2222/2013, 2330/2013 and 2478/2013 At the meeting of March 2015 mentioned in the previous communication to the European Parliament, the Italian Authorities engaged to transmit an update on the ongoing procedures aimed at reviewing the permits of the Lazio landfills, as well as reports on the inspections carried out in the landfills. The above update was received by the Commission in August 2015 and is under assessment. Depending on the results of the ongoing assessment, the Commission will decide on the next step in the procedure aimed at ensuring the correct execution of the EU Court's judgment of 15 October 2014 (case C-323/13).

12. Commission reply (REV VI), received on 29 June 2016.

Petitions 273/2010, 1173/2012, 1177/2012, 2160/2013, 2167/2013, 2222/2013, 2330/2013 and

2 Directive 2008/98/EC on waste (Official Journal L 312, 22.11.2008, p. 3). 1 Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (Official Journal L 026, 28.1.2012, p. 1).

CM\1138404EN.docx 7/10 PE452.727v10-00 EN 2478/2013 Following a preliminary assessment of the latest update received by the Commission on 26/5/2016 it seems that that the revision of permits of the Lazio landfills covered by the Court judgement is now completed. These landfills are no longer authorised to receive waste which has not been adequately treated. The Lazio Region should also provide the reports on the inspections carried out in the landfills, in order to guarantee that adequate controls are carried out on the sites.

The critical point remains the creation of an integrated and adequate network of disposal installations.

Conclusion

Upon finalisation of the detailed assessment of the latest information mentioned above, the Commission will decide on the next step in the procedure aimed at ensuring the correct execution of the EU Court's judgment of 15 October 2014 (case C-323/13).

13. Commission reply (REV VII), received on 31 August 2016.

Petitions 273/2010, 1173/2012, 1177/2012, 2160/2013, 2167/2013, 2222/2013, 2330/2013 and 2478/2013

The judgment issued by the EU Court of Justice on 15 October 2014 declared that Italy has failed to comply with Directive 1999/31/CE1and Directive 2008/98/EC2, because it does not guarantee that only waste adequately treated is landfilled in the Lazio Region. Waste is considered to be adequately treated when it is submitted to a mechanical-biological treatment (MBT) that allows to sort and eventually recycle its different fractions and to stabilize the organic fraction which is the most problematic in terms of production of leachate.

In addition, the Court stated that Italy had not fulfilled its obligation to ensure that the Lazio Region had an integrated and adequate network of waste disposal installations.

The Cupinoro landfill which is the subject of this petition was closed in 2014 and the competent entities should be completing the aftercare procedures. The length of the aftercare period varies from site to site. However, Article 13 of Directive 1999/31/EC disposes that the operator of the landfill is responsible for the maintenance, monitoring and control in the aftercare phase. In this specific case, the competent authorities are aware of the difficulties that the operator is experiencing in fulfilling this duty and should take appropriate measures to overcome the situation.

The Commission is currently monitoring the implementation of the above mentioned judgment and, in particular, it is controlling that the permits of the landfills covered by the judgment are revised in order to ensure that only waste adequately treated is landfilled and that reports of inspections carried out on the sites are made available to certify that exclusively treated waste is landfilled.

1 Directive 1999/31/EC on the landfill of waste (Official Journal L 182,16.7.1999, p. 1). 2 Directive 2008/98/EC on waste (Official Journal L 312, 22.11.2008, p. 3).

PE452.727v10-00 8/10 CM\1138404EN.docx EN In this framework, the Commission intends to follow the situation in the Region in respect of the whole waste management system.

14. Commission reply (REV VIII), received on 30 June 2017.

Petitions 0273/2010, 1173/2012, 1177/2012, 2160/2013, 2167/2013, 2222/2013, 2330/2013 and 2478/2013

On the basis of the last update received from the Italian authorities, the Commission has decided to close the infringement procedure concerning the violation of the obligation to pre- treat waste before landfilling it.

The revision of permits of the Lazio landfills covered by the Court judgment has been completed and the reports on the inspections carried out at the landfills have proved that all waste controlled had undergone an adequate treatment before being landfilled. In addition, the Commission services are looking into the way the after-care obligations set out by the landfill directive have been complied with in the case of the Malagrotta landfill which was closed a few years ago.

However, it seems that some critical issues still exist with regard to waste management in Lazio. As reported by some recent complaints, the recently created integrated and adequate network of disposal installations does not appear to function as smoothly and effectively as it should.

Conclusion

While no specific breach of EU law has been established in this respect, the Commission continues to monitor the situation in Lazio as regards the entire waste management system in this region.

15. Commission reply (REV IV), received on 31 October 2017

Petitions 0273/2010, 1173/2012, 1177/2012, 2160/2013, 2167/2013, 2222/2013, 2330/2013 and 2478/2013

The Commission's observations

The landfill of Cupinoro has been put in compliance with the EU waste legislation and, most notably, with the obligation to pre-treat waste before landfilling it. The permit has been revised to verify that the landfill is not authorised to receive untreated waste. Therefore, the Commission decided to close the infringement procedure opened against Italy in respect to the violation of the obligation to pre-treat waste before landfilling it.

Conclusion

No specific breach of EU environmental legislation could be identified in relation to this landfill. Some general issues concerning the overall efficiency of the waste management system in Lazio remain which, however, do not amount to identifying an infringement of the

CM\1138404EN.docx 9/10 PE452.727v10-00 EN relevant EU rules.

PE452.727v10-00 10/10 CM\1138404EN.docx EN