SECRETARIAT / SECRÉTARIAT 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) * * * * * * * * * * * 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 Regional Council on the 123 rd 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.