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SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRÉTARIAT DU COMITÉ DES MINISTRES

Contact: John Darcy Tel: 03 88 41 31 56

Date: 05/04/2019 DH-DD(2019)380

Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

Meeting: 1348th meeting (June 2019) (DH)

Item reference: Action plan (04/04/2019)

Communication from Italy concerning the case of DI SARNO AND OTHERS v. Italy (Application No. 30765/08) (appendices in Italian are available at the Secretariat upon request)

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Les documents distribués à la demande d’un/e Représentant/e le sont sous la seule responsabilité dudit/de ladite Représentant/e, sans préjuger de la position juridique ou politique du Comité des Ministres.

Réunion : 1348e réunion (juin 2019) (DH)

Référence du point : Plan d’action

Communication de l’Italie concernant l’affaire DI SARNO ET AUTRES c. Italie (Requête n° 30765/08) (des annexes en italien sont disponibles auprès du Secrétariat sur demande) (anglais uniquement)

DH-DD(2019)380: Communication from Italy. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. DGI 05 AVR. 2019

SERVICE DE L’EXECUTION DES ARRETS DE LA CEDH

Rappresentanza permanente d'Italia presso il Consiglio d'Europa

Application no. 30765/08 Di Sarno and others v. Italy Judgment 10 January 2012 - final 10 April 2012 ACTION PLAN

The case is related to the waste management crisis that affected the Campania Region, and in particular the Municipality of Somma Vesuviana between 2007 and 2009. The Court declared the violation of article 8 ECHR (right to private life) because "the applicants were forced to live in an environment polluted by refuse left in the streets at least from the end of 2007 until May 2008" as a consequence of the "failure of the authorities to take adequate steps to ensure the proper functioning of the waste collection, treatment and disposai service in the municipality of Somma Vesuviana". However, the Court didn't conclude that the applicants' lives or health were threatened. Moreover, the Court considered that that the Italian authorities discharged their duty to inform the people concemed, including the applicants, of the potential risks to which they exposed themselves by continuing to live in Campania. It therefore concluded that there had been no violation of Article 8 of the Convention in this regard. The waste management situation in Campania Region presents different aspects; the execution should remain focused on the object of the judgement. In particular, the methods of waste disposai and, above ail, the type and location of the plants where the waste is treated (in the Region or outside the Region, in waste-to-energy plants or in landfills) - a subject that is at the very heart ofthejudgment of the Court of Justice of the European Union in case C-297/08 -- mentioned in the judgement of the Court of Justice in case C-653/13 - are issues that are unrelated to the execution of the ECHR Judgment.

In response to the decision of the Committee of Ministers adopted at the 1259th meeting (OH) of June 2016, the Governrnent wish to submit the following information.

A) LEGISLATIVE FRAMEWORK Decree-Law No 195 of 2009, converted into Law No 26 of 2010. With the aforementioned legislative act, the Government first, and then the Parliament, intended to dictate rules aimed at overcoming and finally ending, with effect from January l, 2010, the so-called waste DH-DD(2019)380: Communication from Italy. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

emergency, in implementation of the provisions of Article 19 of Decree-Law No. 90 of 2008, converted into Law No. 123 of 2008, which declared, as ofDecember 31, 2009, the end of the state of emergency in the waste sector and the restart of the process of normalizing of the management, on the basis of the current framework of the sector (inter alia, the Regional Law n. 4 of 2007), by attributing, inter alia, to the Department of Civil Protection of the Presidency of the Council of Ministers on the coordination of the complex waste management action in the Campania region. Law no. 95 of 2012 identified, pursuant to article 117, paragraph 2, letter p, of the Constitution, the fundamental functions of the municipalities, in addition to those exercised by them pursuant to article 118 of the Constitution. The organization and management of the services of collection, start-up and disposa! and recovery of urban waste, and the collection of the relative taxes, also fall within the category of the aforesaid list (see article 19, paragraph lA, letter f). The related provision determines the allocation of generalized responsibility to administrations municipal waste management with regard to the integrated waste cycle Decree Law No. 136 of 2013, converted into Law No. 6 of 2014, contains a series of provisions aimed at addressing the serious environmental emergency situation in the area between the provinces of Naples and Caserta, affected by the phenomenon of toxic waste burning called "Terra deifuochi" Regional Law 6 March 2015, n. 5 "Regional interventions for the conversion of food surpluses" implemented the Law n. 95/2012. On the basis of this regional law, the integrated management service emissions from waste will have to take place in seven optimal territorial areas (hereinafter referred to as ATOs): four corresponding to the territories of the provinces of Avellino, Benevento, Caserta and Salerno and three, in order to "allow economies of scale and differentiation to maximize service efficiency, based on criteria of territorial and socio economic differentiation and principles of proportionality, adequacy and efficiency in relation to the characteristics of the service", insisting on the terri tory of the province of Naples ( certainly the greater than Campania with reference to the parameters of the extension and demographic size). The governing body of the ATO is represented by the conference composed of the mayors of the municipalities falling under the respective ATO or their delegates, and that is called to carry out its activities on the basis of the guidelines dictated by the region for coordination purposes, as well as in compliance with the provisions of regional law. Regional Law No. 5 of 2014 was superseded with the entry into force of Regional Law No. 14 of 26 May 2016 "Rules for the implementation of European and national regulations on waste", which, leaving unchanged the powers of municipalities under Regional Law No. 5 of 2014, organizes the A Tüs in a different way. Currently, while waiting for the optimal territorial areas to become fully operational, the provincial companies remain fundamental bodies in the management of the waste cycle. An analysis of the activity of the provincial companies can be found in the Report of March 2018 of the Report of the Parliamentary Committee of Inquiry on illegal activities related to the waste cycle and environmental ojfences related to them. Law No. 68 of 22 May 2015 ("Provisions on the subject of crimes against the environment") implemented the recognition, within the Criminal Code, of the environment as a protected good, on the assumption of its constitutional importance, redesigning the overall system of protection.

2 DH-DD(2019)380: Communication from Italy. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

Law No 221 of 28 December 2015, "Environmental provisions to promote green economy measures and to contain the excessive use of natural resources". Decree-Law no. 185 of 25 November 2015, converted, with amendments, by Law no. 9 of 22 January 2016, which provided for an extraordinary removal plan of the eco-balls. The Regional Law No. 14 of 26/05/2016 ("Rules for the implementation of European and national legislation on waste") - whose adoption was ongoing at the time of the last information provided - was approved. It regulates the cun-ent waste management cycle in Campania. With the Ministerial Decree no. 266 of 29 December 2016, the Ministry of the Environment issued the regulation containing the operating criteria and simplified authorization procedures for the composting of organic waste communities Ministerial Decree No 142 of 3 July 2017 of the Ministry of the Environment - Regulation on the testing of a system for the retum of specific types of packaging for food use, pursuant to Article 219-bis of Legislative Decree No 152 of 3 April 2006 (OJ 2006 L 224 of 25 September 201 7)

B) THE REGIONAL PLANS FOR THE MANAGEMENT OF URBAN WASTE A "Regional Plan for the Management of Urban Waste in Campania" was adopted by the rd Regional Council on the 123 of January 2012, in the aim of giving execution to the judgment of the EUCJ in case C-297/08. In implementing that plan, the Region was able to achieve important objectives: the reduction of waste produced a significant improvement in the performance of separate collection, better use of existing plants (waste to energy plants and landfills). In the report on the state of waste management in Campania of November 2014, President Caldoro reported that: "waste transfers outside the regional ten-itory are consistent and respectful of national and EU regulations and are carried out with public entrustments through European calls for tenders. Since 2011 the management system has achieved a constant balance and in the Campania region there have been no more significant critical issues for the management of waste disposai and, above all, accumulation of waste in the streets have not been registered anymore. ". The situation described in the document has been the subject of specific assessments and in-depth investigations in the context of the activities of the Parliamentary Committee of Inquiry on illegal activities related to the waste cycle and environmental offences related to them (established by Law no. 1 of 7 January 2014), which has dedicated pai1 of its activities to the situation of the Campania Region (the specific Report has been adopted by the Committee at its meeting of 28 February 2018 e communicated to the 1 Presidencies of the two branches of the Parliament on 1 March 2018 ) . In November 2014 the main problem is the disposai of the so called "eco-balls". 200,000 tons of eco-balls, the content of which had been found to be mineralized urban waste, had been regularly disposed of at the AceITa plant. The difficult was the above-ground packaged waste that could not be sent to the Acen-a plant in order not to impede its functionality in the management of the ordinary waste cycle.

1 The report can be read at the following link htt p://parlamento 17 .cumern. it/ 197 hl'lo:!/documenri .cumcra. iti dutiilcl! 17 /la vori/documcnt i parlamen tari/f nd ice ET est i/023/052/1NTE RO. pd 1· Doc XXIII n. 52

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On the 16th of July 2015 the Comi of Justice of the European Union condemn ltaly (C- 653/13) for not having taken ail the measures necessary to comply with its judgment C-297/08, EU:C:2010:115, in which it found that, by failing to adopt, for the Region of Campania, ail the measures necessary to ensure that waste is recovered or disposed of without endangering human health and without harming the environrnent and, in particular, by failing to establish an adequate and integrated network of disposai installations, the ltalian Republic has failed to fulfil its obligations under Articles 4 and 5 of Directive 2006/ 12. Following the Judgment, the regional and national authorities evaluated the opportunity of changing the Regional Plan, based on the expansion and augmentation of plants, while financial problem on one side and a relevant increasing of gathering of sorted wasted on the other side, combined with the social conflict that would arise from the creation of a new waste-to-energy plant, clearly indicated this is was not the correct solution for the time being (see the 2018 Parliamentary Committee's Report mentioned above, page 49 onwards). On 16 December 2016, the update of the "Regional Plan for the Management of Urban Waste in Campania - PRGRU" was also approved by the Regional Council (ibidem, page 51) - in the context of the execution ofthejudgment of the EUCJ 16 July 2015 (C-653/13) and of the EU Commission decision 22 September 2015 - aligning itself with the European guidelines on the circular economy2. The PRGRU update outlined the urban waste management scenario on the basis of current trends in waste production and a more correct assessment of the product composition of the waste. On the basis of these data and with reference to the expected evolution of the levels of differentiated waste collection, it was possible to define the plant requirements at regional level, as well as by optimal territorial area. The Plan envisages the achievement by 2020 of the following objectives: • 65% of sorted waste • waste incineration requirements (residual waste from separate collection): about 700,000 t/year when fully operational, already guaranteed by the Ace1rn plant with a capacity of 750,000 t/year; • use of biological treatment plants for the organic fraction from separate collection for the recovery of material; • revamping and upgrading of the seven waste crushing and packaging plants (STIR), in order to improve the mechanical sorting yields of residual waste from separate collection, promoting material recovery as well as optimising the characteristics of this waste for thermal treatment; • landfill requirements: minimum requirement of 50,000-1000,000 t/year when fully operational • treatment requirements organic fraction of 745,000 t/year when full y operational • mechanical biological treatment (TMB) of all undifferentiated waste, a portion of which is sent for recovery, in the Campania plants. Estimation of plant requirements referred to the plan scenario shows the possibility of reaching conditions in which only the Acerra waste to energy plant can manage the waste, and

2 httos://eur-le.\.europa .eu!le2:ul-contel1l! IT!'l"XT/'.'uri =CELI::X%3A5 20 l 5DC06 ! 4 ; see also Parliamentary Commette Report, pages 54-55

4 DH-DD(2019)380: Communication from Italy. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

residual product, suitably pre-treated, without recourse to the construction of new plants and drastically reducing the use of the landfill, at values below 50,000 tonnes/year by the end of the year 2020. It is clear that this residual amount of pretreated waste, for which the disposal in landfill is needed, can be completely canceled, where separate collection reached values of more than 65 per cent The new plan also contains a specific extraordinary plan of measures for the management of eco-balls",. In order to accomplish these objectives, relevant financial investments have been made, aimed in particular at implementing the following points of the plan: • waste reduction at the source (55 million euros have been spent to strengthen the sorted waste collection system, allowing the financing and construction of 90 municipal waste collection facilities and 69 collection centers) - see also Parliamentary Committee Report, page 53; • targeted interventions, based on extraordinary financial allocation and personnel training, have been adopted with regards to 24 municipalities of the region in which the percentage of sorted waste remains below 45% (article 45 of Regional Law 14/2016). • reuse of products once their main fonction is exhausted; • plants for the treatment of the organic fraction for the total estimated amount of 56,789,434.74 euros from the Campania budget resources for 2014-2020 (deliberation of the Regional Gouvernment 494 of 2016 and 325 of2017) • material recycling; • energy recovery; • landfill disposai as a last resort measure. As we can read in the 2018 Report of the Parliamentary Committee, " Campania ... , over the last few years, while on the one hand it has shown serious delays in plant construction, on the other hand it has shown great capacity to promote systems of separate collection over much of the regional terri tory. The detailed territorial analysis for A TO ("ambito territoriale ottimale") shows, in fact, that the distribution of waste production varies significantly between the 7 A TOs. For example, in the territorial areas of Avellino and Benevento 7 5 % of the waste produced is concentrated in municipalities with less than 20,000 inhabitants, while in areas including the city of Naples, 77 % of the waste produced is attributable to such city , which alone produces 20 % of the total production of waste Campania and 30 % of mixed waste. It is therefore necessary to address problems of concentration and/or dispersion of waste production. The plan identifies a series of actions aimed at both reducing the production of emissions of municipal waste and to increase the level of separate collection as well as the quality of the same." Several actions have been implemented for the implementation of waste prevention measures: - Proximity composting - Water Kiosks - Punctual pricing and waste assimilation. Eurven, cash for trash project in collaboration with app 2Pay - Recovery of food surpluses. - Dematerialization of paper for public offices. Digital Administration code, obligation from December 2016 to abandon paper.

5 DH-DD(2019)380: Communication from Italy. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

- Returnable glass. Var, a returnable vacuum project for the beer market in Campania - Promotion of green procurement

C) MANAGEMENT OF THE EXTRAORDINARY W ASTE CYCLE (the so-called "eco-balls) The Parliamentary Committee devoted part of its 2018 report to the extraordinary management of the waste cycle in Campania, meaning the phases connected with the state of emergency relating to the ordinary disposai of solid urban waste in the region from 1994 to 2009, with particular regard to the storage (and disposai) of so-called eco-balls and the operation of temporary landfills in the last emergency phase (page 123 and onwards). The report summarizes the events that led to the so-called eco-balls and temporary landfills and, comparing the data available from the report produced in the previous legislature and those acquired during the course of the investigation, it records the sites where the eco-balls were originally stored, starting in 2002, with an indication, for each of them, of the quantity deposited there (page 126). The accumulation of eco-balls produced a crisis in waste management. The efforts made by the government authorities of the time, result in Decree Law No 9045 of 23 May 2008, a measure aimed at activating an extraordinary cycle of waste disposai through the setting up of landfills and the start of separate collection, under which 5 landfills are built, located in the municipalities of San Tammaro (CE), Sant'Arcangelo Trimonte and Paduli (BN), Naples, Terzigno (NA) and Savignano Irpino (A V). Initially, a leading role was entrusted to the armed forces, which, in the most acute phase of the emergency, supported the municipal administrations in the extraordinary collection of waste in Naples and in several municipalities of Campania, as well as to supervise the places and sites related to waste management and also to ensure the control of waste at the entrance of landfills. In this context, Decree Law No. 195 of 30 December 2009 established two new structures at the Civil Protection Department of the Presidency of the Council of Ministers, under the coordination of the commander of the Southern Logistics Command: the "removal unit" and the "operating unit", with the task of facilitating the transfer of deliveries and ensuring the return to normal management. In particular, the removal unit had the purpose of defining the credit and debit situations of the management of the emergency by the commissariat structures and the structure of the undersecretary for the waste emergency, while the operational unit has instead the administrative responsibilities related to the plants. The removal and operational units ceased their activities on 31 January 2011: part of the tasks entrusted to them has been transferred to the technical-administrative unit within the Presidency of the Council of Ministers. The 2018 Report of the Parliamentary Committee analyze changes in the quantities of eco balls that occmTed during the period from the original storage facility until the end of 2015 (page 130). At that time, the Ministry of the Environment created a working group made up of experts from ISPRA, ENEA and CNR to evaluate the best available techniques for managing eco-balls stored in the region Campania. The results can be found in a document available on the website of the Ministery3. The group proposed, as best solution on environmental and

3 www.minambiente.it/sites/defau It/fi les/arch i violai legati/trasparenza_valu tazione _ merito/Relazione%20 fi nale%20Ecoballe%20Campania%20del%20GDL.pdf

6 DH-DD(2019)380: Communication from Italy. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

financial point of view, "The thermal treatment of eco-balls in a dedicated incineration plant with energy recovery and, in particular, in a grid furnace with electricity production". Article 2 of the Decree-Law of 25 November 2015, no 185, provided, in order to comply with the judgments of the Court of Justice of the European Union of 4 March 2010 (Case C- 297/2008) and 16 July 2015 (Case C-653/13), extraordinary interventions for the Campania Region for the disposai of waste accumulated during the emergency period. In particular, the measure, in allocating the necessary funds to the purpose, refers the preparation of a plan to the President of the Region of extraordinary interventions, with relative timing, for the removal of the eco-balls and the subsequent clean-up of the storage sites. In accordance with the provisions of the law, the Campania region, by deliberation of the Regional Gouvernrnent ("Giunta Regionale") No. 828 of 23 December 2015, approved, within the period of 30 days prescribed by the mentioned Decree-Law, the extraordinary plan of action; in particular, for as regards the management of baled waste, it has planned to: - allocate the rates stored at sites with smaller quantities for recovery energy in heat treatment plants on the national territory, or Community law, in compliance with existing legislation; - upgrading the facilities at Tufino and Giugliano in order to ensure the disposai of about 400,000 tons? of the material through the recovery of materials tons/year of the rate stored at the Giugliano plant, ensuring, at the same time, the treatment of the residual fraction of waste produced as part of the ordinary cycle and intended for the plant of Giugliano, at the Tufino plant; - upgrading the STIR plant at Caivano to be used for the joint treatment of the waste currently in its wake and of approximately 400,000 tons/year of baies stored at the Caivano and Villa Literno sites for the production of CSS, by means of independent lines; - identify areas to be morphologically rehabilitated in order to create disposai sites for any residual fraction not destined for recovery of matter or energy efficiency from the processes of bale processing at the Giugliano and Caivano plants. A special technical mission structure has been created, called "Mission structure for the disposai of RSB", with the primary objective of removing ail waste stored in baies in the territory of the Campania region and the remediation of the same sites once freed from waste. At page 145 of the Report of the Parliamentary Committee a table shows the quantities and storage sites of the residual eco-balls as of 15 February 2018. For the disposai of the remaining quantities of eco-balls, estimated at 4.3 million tons, the Campania region has announced an extraordinary plan of measures for the management of the eco-balls: - two new plants for the treatment with recovery of material of an aliquot of the waste stored in bales of about 1.7 million tons; - two other new plants dedicated to the treatment of RSB for the production of Secondary Solid Fuel (CSS)63, for an expected quantity of 2 million tons; - a landfill to dispose of the waste from the manufacturing processes of the eco-balls

D) A WARENESS RAISING CAMPAIGNS Information and awareness raising campaigns for the reduction and separation of waste have been launched among which, in 2017, a campaign addressed to students and aimed at divulgating the importance of a virtuous circle in the field of sorting waste. (Deliberation of

7 DH-DD(2019)380: Communication from Italy. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

Regional Government no 307 of 31 may 2017, Extraordinary programme referred to in Article 45(1 )(a) of Regional Law No 14 of 2016 for equipment and awareness-raising campaigns for selective collection)

E) MONITORING MECHANISMS Several legislative interventions between 2013 and 2018 have established different mechanisms to monitor the waste management cycle and to prevent the illicit disposai of waste. In particular, in order to verify and monitor the results and forecasts of the plan adopted on the 16th of December 2016 and with the purpose of verifying compliance with the judgment of the EU Court of Justice condemning Italy, the President of the Region and the Minister of the Environrnent have signed an agreement that refers to the definition of a protocol, between the patiies, dedicated to the determination of the ways in which to carry out the plan. The monitoring protocol was signed by the director of the Campania Region responsible for the matter and by the director general responsible of the Ministry of the Environrnent on 20 July 2017. In this context the following measures can be mentioned: o video surveillance systems of sites at risk of illegal waste disposai (7 million euro invested); o voluntary associations operating in the territory and advanced solutions for mapping and patrolling the territory (6 million euro invested); o intense environrnental clean-up activities ( 150 million euro invested). By Deliberation of the Regional Government ("Giunta Regionale") no. 677 of 07111/2017 the Campania Region introduced the WEB service application called O.R.So. (Osservatorio Rifiuti Sovraregionale) as a single computerized system for the transmission of the data referred to in paragraph 3-quater of Article 205 of Legislative Decree No 152 of 3 April 2006, as amended by Article 32 of Law No 22 of 28 December 2015. Subsequently, the Technical Regulations were approved by D.D. No. 5 of 12/01/2018, identifying the obligated parties, the procedures for communication, data transmission, computer systems and forms to be used, the deadlines to be respected in the individual procedures, the methods of access, management and publicity of data relating to the production and management of waste. Specifically, we have two main recipients: a) the municipalities, as regards data on the production and management of urban waste, the organization of the service of separate collection, and the operators of treatment plants located in the Region, which are, however, required to communicate to the "Osservatorio" the quantities of waste withdrawn and managed and other related information, such as, for example, the quantities of material, products and energy recovered. Municipalities are required to indicate, for each waste collected, the methods and frequency of collection, the total quantities, the carrier(s) and treatment plant(s), the costs, the presence of infrastructure for separate collection (collection centers), the spread of domestic composting, green purchasing practices, etc .. b) the operators of the treatment plants, which must send to the"Osservatorio", for each waste managed, the data relating to the incoming quantity, the quantity treated (and the relative treatment operations) and the outgoing quantity. Depending on the type of plant, they

8 DH-DD(2019)380: Communication from Italy. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

must then provide an annual summary of the quantities of secondary raw materials (MPS) or "End of Waste" produced, compost produced, electrical or thermal energy recovered from waste to energy plants, etc .. When the forms are complete and the deadlines are set (30 April and 31 August), the Observatory, in collaboration with the regional Arpa Campania Waste Catalogue ("Catasto Rifiuti ARPA Campania"), monitors and processes the uploaded data. Where there are critical issues on the quality / accuracy of data, the Observatory will ask the appropriate clarifications to the municipal representatives and, only after having finalized all control and correction operations, the Observatory will validate the entered data With a special decree, the level of Separate Waste Collection ("Raccolta diflerenziata") relating to each municipality and each Optimal Territorial Area is certified annually, for the purposes of applying the tax referred to in Article 3, paragraph 24, of Law No. 549 of 28 4 December 1995 . On N ovember 19, 2018 a Memorandum of U nderstanding was signed between the Presidency of the Council of Ministers, the Campania Region and several Ministries to ensure cooperation for the prevention, monitoring, control and environmental sanitation of the territory. The action plan provides for various measures, including • creation of a networked database of waste 1T platforms • implementation of the regional registry for tumors and epidemiological analyses • strengthening of air quality monitoring systems • environmental remediation of sites of national interest and monitoring • removal of abandoned waste and combustible waste • monitoring and control of the territory of waste storage sites and prevention of tires • use of law enforcement agencies for monitoring, contrai and surveillance services through the use of drones and other remotely piloted vehicles • setting up of the safety network and video surveillance • updating of the PRO METEO portal and strengthening of territorial structures

F) IMPACT OF THE MEASURES ADOPTED With regard to the impact of the measures adopted.,_ the following information can be provided on the progress achieved in terms of waste collection and treatment since the last examination of the Committee of Ministers.

As far as the percentage of sorted waste is concemed, it emerges from the summary statistical repo1is (annexes 1 to 8) on the data relating to separate waste collection, that from 2009 to 2017 the percentage of separate waste collection in Campania has grown from 29% to 53%, ranking second in Italy among the regions with the greatest number of inhabitants, with situations of real excellence (ATO Benevento: 70,4%; ATO Salemo: 61,54%).

4 At this time, the tax due in relation to the waste produced is not applied in Campania because it requires the adoption of a specific regional law

9 DH-DD(2019)380: Communication from Italy. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

Concerning the production of waste, m the period 2011-2017 it remained stable around 5 2 600 000 tons .

G) REMEDIES Gl) CRIMES AND EFFECTIVES INVESTIGATIONS The Law 22 may 2015 no 68 has introduces new environmental crimes in the Criminal Code: crime of environmental pollution, death or injury as an unintended consequence of the crime of environmental pollution, environmental disaster, traffic and abandonment of high radioactivity materials; they are in addition to numerous criminal offences ("contravvenzioni") that repress water, soil and air pollution. The implementation of the Law 22 may 2015 no 68 (crimes against the environment) has been deeply monitored by the Parliamentary Committee, who dedicated a specific Report to the 6 issue (Doc XXIII n. 26 ). The Report analyze the specific environmental crimes ( of particular interest the Report of 29 May 2015 of the "Ufficio del Massimario" of the Supreme Court of Cassation dedicated to the crimes introduced by the Law no 68/2015) and the most relevant experiences of applications by Prosecutions Offices and Tribunals.

Information on the outcome of criminal proceedings in progress at the time of the alleged violations is being collected and will be communicated to the Committee of Ministers as soon as it becomes available.

G2) ACTIONS FOR COMPENSATION

In this context, the authorities wish to underline that according to the current legislative framework, the jurisdiction to examine applications for compensation related to the malfunctioning of the waste management cycle belong to the competence of the administrative judge. More specifically, article 133 of the LEGISLATIVE DECREE No 104 of 2 July 2010, ("Implementation of article 44 of law no. 69 of 18 June 2009, delegating to the government for the reorganization of the administrative process"), pro vides: " 1. They are devol ved to the exclusive jurisdiction of the administrative judge, without prejudice to further provisions of the law: ( ... ) p) disputes concerning ordinances and commissariat measures adopted in all emergency situations declared pursuant to article 5, paragraph 1, of law no. 225 of 24 February 1992, as

5 Further information can be found: - The Municipal Waste Report 2018 ( rapporto rifiuti urbani 2018 ), which provides data on the generation and separate collection of municipal waste and its subsequent management, as well as on the management of packaging and packaging waste and the tariff system; - the special waste report 2018 (rapporto rifiuti speciali 2018 ), which provides data on the generation and management of such waste. 6 http://l)arlamento 17 .camera. it/ 197 ; see also the report by Legambiente, "Eco-justice is done", published on 22 March 2016, which took stock of the first eight months of the application of law no. 68 of 2015, reporting numerical data acquired through the police forces, and cites the investigations deemed to have been more significant, pointing out further initiatives considered useful to an even more incisive action of prevention and contrast of the phenomena of environmental illegality h!"tps:!/,nvw . leeambiente. ili .. .!dossier le2:arnbiente su apol icazione ...

10 DH-DD(2019)380: Communication from Italy. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

well as acts, measures and ordinances issued pursuant to article 5, paragraphs 2 and 4, of the same law no. 2. 225 of 1992 and disputes in any case relating to the overall action of managing the waste cycle, even if implemented with conduct of the public administration attributable to the exercise of public power, even if related to constitutionally protected rights; ( ... )". This attribution of jurisdiction to the administrative judge has been confirmed by the consolidated jurisprudence of the Court of Cassation which has stated that : - "Disputes concerning the organization of the public service for the collection and disposai of municipal waste - including those for compensation for damages resulting from failure to take the necessary measures to prevent or prevent waste from being dumped on the roads or to remove its effects - belonged to the jurisdiction of the administrative judge already in the period prior to the entry into force of A1iicle 4, paragraph 1, of Legislative Decree no . 90 of 23 May 2008, converted, with amendments, into Law no. 123 of 14 July 2008, a rule which - although repealed by Article 4, Annex 4, of Legislative Decree no. 104 of 2 July 2010 - was reproduced by Article 13 3, paragraph 1, letter p) of the same Legislati ve Decree, nothing having been innovated by both these provisions with regard to the distribution of jurisdiction in that matter, given that the collection and disposai of municipal waste constitute a public service that the law obligatorily reserves to municipalities, in accordance with what was already provided for - before its repeal by art. 4, Annex 20, of the aforementioned Legislative Decree no. 104 of 2008 - by art. 33, paragraph 2, letter e), of Legislative Decree no. 80 of 31 March 1998, in the text amended by aii. 7 of Law no . 205 of 21 July 2000 (see C.C. cost. sentence no. 35 of2010 and Ordinance no. 167 of 2011)" (iudgment n. 16304/2013). - "Disputes concerning the organization of the public service for the collection and disposai of urban waste, having as their object the compensation for damages resulting from the failure to adopt the measures necessary to prevent or prevent the abandonment of waste on the roads, or to remove the effects, belong to the jurisdiction of the administrative judge pursuant to art. 133, paragraph 1, letter p ), of Legislative Decree no. 104 of 2010 and, previously, pursuant to art. 33, paragraph 2, letter e), of Legislative Decree no. 80 of 1998, in the text amended by art. 7 of the Law n. 205 of 2000, whenever the claim for compensation is related to damage (in this case, caused by a fire in a garbage can) immediately and directly resulting from the organization of the public service of collection and disposai of municipal waste, including the case in which it is disputed the mismanagement or failure to manage the buildings necessary for the cycle of such collection (also from the point of view of their location, supervision or custody), resorting to a case of exclusive jurisdiction which is also attributable to the general obligations incumbent on the p.a. under Article 2051 of the Civil Code." (Judgment 21/09/2017 n. 22009). It is uncontestable that a remedy exists and that it already existed at the time of the contested violation.

A collection of rulings by the administrative judge and the ordinary judge is in progress, the results of which will be communicated to the Committee of Ministers as soon as they become available.

Strasbourg, V4 /o C,, / ~ I CJ

11 DH-DD(2019)380: Communication from Italy. Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

DGI 04 AVR. 2019

SERVICE DE L’EXECUTION DES ARRETS DE LA CEDH

ANNEXES

(legenda of the voices of the following statistics: SOURCES - PROVINCIAL ISTA T CODE - COMMON - KG OF DIFFERENTIA TED W ASTES RDI - KG OF DOMESTIC COMPOSTING - KG OF NON DIFFERENTIATED W ASTES RUind - TOTAL KG OF W ASTE RDI + COMP + RUind - PRODUCTION OF W ASTE YEARL Y PROCAPED IN KG - % DIFFERENTIA TED COLLECTION - % RECYCLING RA TE)

1. Statistic on sorted waste A TO Benevento2017 2. Statistic on sorted waste A TO Caserta 2017 - -- 3. Statistic on sorted waste ATO _Napoli_l __ 2017 4. Statistic on s01ied waste ATO _Napoli_2 __ 2017 5. Statistic on sorted waste ATO_Napoli_3 __ 2017 6. Statistic on sorted waste A TO --Salerno 2017 7. Statistic on sorted waste Regione _ Campania _ 2017 8. Statistic on sorted waste A TO- Avellino - 2017