Italy’s Environmental Law & Policies: Still a Long Road Ahead

In this guest blog, Giulia Paniccia from Istituto Analisi Relazioni Internationali ‘IARI’ considers the different levels of environmental laws and their implementation in Italy, and draws some conclusions of wider application to the effective enforcement of laws generally.

A technical subject that is of real importance to the way in which any conclusions at COP26 can be made to work in different countries.

Italy’s laws and policies on climate and environment are articulated on three levels: national, regional, (conforming to the European Union standards), and international, complying with the commitments under the Paris Agreement. Achieving complete coherence among all levels is not an easy task, especially with the ongoing succession of governments that the country has been facing in the last decade, each one with a different view on the issues at stake. This blog will analyse the current state of environmental and climate policies in Italy, how they are integrated with European and international targets, and will take a look at the near future.

National level: Environmental Regulations

Domestically, environmental protection is covered by the Environmental Regulations, enacted in Italian Law by Legislative Decree No 152 of 3 April 2006. The primary objective of these regulations is the promotion of the quality of human life, to be achieved through the preservation and improvement of the conditions of the environment and the prudent and rational use of natural resources (Part I, art. 2). The regulations are grouped in a single text, commonly referred as Testo Unico Ambientale.

The issues covered by the decree are strategic environmental assessment, environmental impact assessment and integrated environmental authorisation (Part II), water and soil protection (Part III), waste and remediation (Part IV), emissions to the atmosphere (Part V) and, finally, environmental damage (Part VI). The aim of these parts is to be achieved through the general principles adopted in implementation of the Italian Constitution as well as in compliance with international obligations and community law: the precautionary principle, the principle of preventive action, the principle of priority of correction at the source, and the polluter pays principle. The precautionary principle (defined in part VI, art. 301) is definitely one of the basic criteria for the interpretation and application of the whole national environmental legislation, following European standards. However, it must be noted that this principle should be applied according to the proportionality rule, meaning that the imposition of stricter environmental provisions is possible only when the provisions are proportionate to the predicted risk.

Sustainable development is, at least theoretically, another of the core points of the Italian environmental laws. Added in 2008, art. 3.4 specifies, that “public administration should ensure the best possible implementation of the principle of sustainable development”. Among the several amendments apported to the Testo Unico, the majority (especially the articles added by the Law n. 120/2020) involved the circular economy and new sources of renewable energy, confirming the country’s will to contribute to sustainable development.

On liability, for more serious crimes, such environmental disasters, pollution, waste, and IPPC permits, criminal liability may apply, while in all other cases administrative or civil liabilities are more frequent. According to the liability, different remedies may be sought before the respective authorities: criminal or civil, administrative/judicial.

What emerges from this brief analysis is that the continuous modifications of the legal text, paired with the complexity and variety of issues to regulate, have prevented the formation of a stable code and easily knowable rules. Consequently, even in 2021, it is quite difficult to speak of well established environmental law in Italy.

Regional level: compliance with EU norms and Green Deal

Italy has been adapting its environmental law to comply with its commitments under European Union law. Therefore, the country’s policies on protection of the environment are articulated in five dimensions: decarbonization, energy efficiency, energy security, integration of the internal market, and research, innovation and competitiveness.

The 2020 Climate and Energy Package was the first integrated approach at the EU level between energy policies and the fight against climate change, approved by the European Council of March 2007 and reconfirmed with the name New 2030 Framework for Climate and Energy in 2014. According to the Governance Regulation ((EU) 2018/1999), each member state was required to submit an Integrated National Energy and Climate Plan (INECP) for the period 2021-2030 to the European Commission. With its plan, presented in 2019, Italy committed to:

• 33% GHG emissions reductions for all sectors not covered by the EU ETS (compared to 2005)

• 43% reduction in energy consumption

• 30% of the energy used in final consumption from renewable sources

• 22% of energy used in transport from renewable sources.

Considering the vagueness and the confusion of the environmental policies at the domestic level, these goals appear rather ambitious. It must be said, nonetheless, that the INECP was well designed and supported by several documents aimed at securing its correct implementation. The Minister of Economic Development and the Minister of the Environment and Land and Sea Protection collaborated in drafting documents such as the new National Energy Strategy (2017), the ‘Towards a circular economy model in Italy – Framework and strategic positioning’ (2017) and the National strategy on adaptation to climate change (2015).  Last but not least, the Italian Government has launched a series of initiatives in support of the European Green Deal, aimed at reaching climate neutrality by 2050. By launching its own Green New Deal, Italy introduced in its Budget Law 2020 (L. 160/2019) multiple incentives to be allocated to urban regeneration, energy conversion and the promotion of the use of renewable energy. In particular, a Fund was established in order to grant 470 million euro for the year 2020, 930 million euro for the year 2021, and 1,420 million euro in 2022 and 2023: of these, at least 150 million are supposed to be used for greenhouse gas reduction.

International level: Paris Agreement and Sustainable Development Goals

Italy ratified all the major international treaties on climate and environment: the UN Framework Convention on Climate Change, the Kyoto Protocol, its Doha Amendment and, of course, the Paris Agreement in 2016.

As an EU Member State, Italy’s Intended Nationally Determined Contribution Plan coincides with the one presented by the Union to the UNFCC. The latest plan, submitted in December 2020, contains the commitment of reducing greenhouse gas emissions by at least 55% by 2030 in respect to 1990 levels: definitely an updated and more ambitious commitment compared to the initial 40%. In addition, Italy can rely on its Integrated National Energy and Climate Plan (INECP) to further implement its duties at the international level.

Taking account of the primary regulations and policies adopted by Italy on the protection of the environment and the climate, some simple conclusions may be drawn. The provisions included in the mentioned documents – at national, regional and international level- are mainly aimed at creating a general framework that will help the country achieve the commitments undertaken as part of the European Union and, more generally, of the United Nations.

First, it highlights the fact that Italy does not have a coherent and independent domestic strategy to face the urgent environmental issues, but its objectives change according to European directives.

Second, while this definitely represents a good start, it cannot be regarded as concrete action, since these plans, no matter how well organized, for now remain just plans.  

Third, to this, one must add the current health emergency, which unfortunately – but understandably -  changed the Government’s priorities as well as the direction to which allocate the available funds.

Italy’s Recovery Plan: what’s next?

In February, Dr. Roberto Cingolani was appointed Minister of Ecological Transition by new Prime Minister Mario Draghi, with the aim of ensuring a swift and efficient green revolution in the country. The major challenge for the new Government and, in particular, for Minister Cingolani, will be the correct and functional use of the Next Generation EU funds, of which Italy is one of the primary beneficiaries. In order to recover from the economic crisis caused by the pandemic, the Italian Government will receive a total of 221.5 billion,euros; 191.5 billion from the Recovery fund and 30 billion from the additional fund. The Italian Parliament has been working on the National Recovery and Resilience Plan, which was presented to the European Commission on April 30th. If approved, Italy’s plan includes the allocation of 57 billion to green revolution and ecological transition, and the investment of 25.3 billion in sustainable mobility infrastructure.

Italy’s intentions are good: its Recovery Plan, the hosting of the G20 Summit and the partnership with UK for COP26 seem to have laid solid foundations for the country’s leadership - at least at European level - in the fight against climate change and the environmental crisis. Nevertheless, as we have seen, its international ambitions are undermined by its slow and backward bureaucracy and the continuous changes in government, which make the country less capable of concrete action in protection of the environment.