Milan, 4 June 2024 – 2.45pm
Waste (Current Regulations)
(Francesco Petrucci)
Keyword: Waste |
Organic waste |
By-products |
Agriculture / Livestock
The region Lombardy on 4 June 2024 gave some indications to companies on how to manage the residues from green maintenance public and private within the reference regulatory framework
The indications contained in the Dgr 28 May 2024, n. XII/2415, they arrive due to the fact that the official interpretations regarding the management of “public green waste” are not univocal for the Authority and cause uncertainty in the sector (both for operators and for the Control Authority).
The region – aligned with the national regulatory framework which considers Part IV (waste and reclamation) of the Environmental Code applicable – gives some clarifications also in relation to the regime of “by-products” pursuant to article 184-bis, Legislative Decree 152/2006, remembering that in any case it is up to the manufacturer there demonstration of having respected all the requirements to enjoy the favorable regime which considers residues as “not waste”.
In this case, the European Commission in a response dated April 26, 2024 to the Ministry of the Environment he had stated that the residues from the maintenance of public and private green areas could not be classified as “by-products” because the activity that produces them cannot “be considered a “production process” as its objective is not the manufacturing of a product.” Therefore one of the conditions for enjoying the “by-products” regime is not met.
The summary of the regulation of mowing and pruning between “waste” and “non-waste”, as regulated by Legislative Decree 152/2006 and updated to the latest clarifications from the European Commission regarding the management of 26 April 2024
Response to a question from the Ministry of the Environment of the Italian Republic – Residues from the maintenance of public and private green areas (so-called “mowings and prunings”) – Qualification as waste pursuant to Directive 2008/98/EC – Subsistence – Possible qualification as by-products pursuant to article 5 of Directive 2008/98/EC (article 184-bis, Legislative Decree 152/2006) – Exclusion – Reasons – Maintenance activity of public and private green areas not classifiable as a “production process”
