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BackEx Ilva, definitive green light for the decree: it is law
Ex Ilva, definitive green light for the decree: it is law
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Il Sole 24 Ore1 hour agoLaw1 min readItalyView original

Ex Ilva, definitive green light for the decree: it is law

The Chamber definitively approves the provision which regulates the financial guarantees for waste treatment activities and internal landfills of plants under extraordinary administration.

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The Chamber converted into law decree 154/2024 relating to financial guarantees for waste management in plants under extraordinary administration, while the Cassation examines the appeals on the Taranto hot area.

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Why It Matters

Decree 154/2024 regulates financial guarantees for waste treatment activities in plants under extraordinary administration.

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On the day in which the United Civil Sections of the Cassation examine the appeals of Ilva and Acciaierie d'Italia against the stop of the Taranto hot area, the process of decree 154/2026, passed in the Council of Ministers at the end of August, on the plant's waste treatment activities, ends in Parliament.

The Chamber definitively approved it in the same text approved by the Senate on 7 October, after rejecting all the amendments presented in the chamber, on which the government and the rapporteur expressed a contrary opinion.

The newly converted decree, as mentioned, intervenes on another aspect of plant management: financial guarantees for waste treatment activities and internal landfills. The only operational article, in fact, intervenes on the Environmental Code.

For companies in extraordinary administration, guarantees, including those for the management of landfills even in the phase following closure, can be provided on an annual basis, with a minimum duration of one year, for the entire period of the procedure and until the transfer of the company complex to third parties, even when the authorization for the plant has a longer duration.

The annual guarantee is considered to comply with the legal requirements for the period of effectiveness, "without the need for further contractual provisions" referring to subsequent years or the methods of enforcement. The basic constraint remains: no landfill activity can be carried out without the guarantee.

Open Questions

  • What will be the outcome of the Court of Cassation on the Taranto hot area?

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This article was originally published by Il Sole 24 Ore.

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