Milan, 25 November 2024 – 1.37pm
Waste (Jurisprudence)
(Francesco Petrucci)
Keywords: Waste | Local public services | Collection / Transport / Adr | Recovery / Recycling / End of waste / Mps | Permissions | Organic waste and composting
A business that carries out organic waste collection activities through trust by the public administration, it can also carry out recovery activities of the same under the regime free market.
A principle recalled by the Council of State in sentence 18 November 2024, n. 9221. The Judges underline how the legislation “He brings it back among the activities entrusted for the management and provision of the service of integrated urban waste management “the start of disposal and recovery‘”. It does not fall within the scope, however, say the Judges, the completion of these activities which take on a primarily entrepreneurial character and are therefore entrusted to free competition (article 25, paragraph 4 of the legislative decree of 24 January 2012, no. 1).
The story concerned the management of the organic fraction of urban waste (so-called “Forsu”). The company was accused of the fact that carrying out the activity collection of such waste under private law (i.e. exclusively as a result of an assignment by the Public Administration) should deliver the collected waste to other companies under competition. The company instead uses its own aerobic digestion plant also carried out recovery activities for the waste collected by it.
A legitimate business not in conflict with the national provisions cited. The ruling of the Council of State has confirmed what has already been decided on the case by the sentence TAR Emilia-Romagna 2 September 2020, n. 156.
reference documents Council of State ruling 18 November 2024, n. 9221
Waste – Municipal waste subject to separate collection intended for recycling and recovery – Free circulation on the national territory – Article 181, paragraph 5, Legislative Decree 152/2006 – Possibility – Susistence – Construction of a plant for the treatment of the organic fraction of solid urban waste ( Forsu) – Respect for the principles of self-sufficiency and proximity – Article 182-bis, Legislative Decree 152/2006 – Exclusion – Construction and management of systems for the recovery of waste deriving from separate collection – Activities falling within the integrated waste management service to be assigned by tender – Exclusion – Subsistence – Assignment by tender exclusively of the start-up and disposal and recovery activities pursuant to Article 25, paragraph 4, Legislative Decree 1/2012 – Subsistence – Possibility for a company entrusted with the OFMSW collection service under private law to carry out the subsequent waste recovery – Subsistence – Authorization of the plant for the treatment of OFMSW – Single regional authorization procedure (Paur) – Article 27-bis, Legislative Decree 152/2006 – Services conference – Widespread stakeholders – Mandatory participation – Article 14-ter , law 241/1990 – Exclusion
TAR Emilia Romagna ruling 2 September 2020, n. 156
Waste – Municipal waste subject to separate collection intended for recycling and recovery – Free circulation on the national territory – Article 181, paragraph 5, Legislative Decree 152/2006 – Possibility – Susistence – Construction of a plant for the treatment of the organic fraction of solid urban waste ( Forsu) – Respect for the principles of self-sufficiency and proximity – Article 182-bis, Legislative Decree 152/2006 – Exclusion – Construction and management of systems for the recovery of waste deriving from separate collection – Activities falling within the integrated waste management service to be assigned by tender – Exclusion – Subsistence – Assignment by tender exclusively of the start-up and disposal and recovery activities pursuant to Article 25, paragraph 4, Legislative Decree 1/2012 – Subsistence – Authorization of the plant for the treatment of OFMSW – Single regional authorization procedure (Paur) – Article 27-bis, Legislative Decree 152/2006 – Services conference – Widespread stakeholders – Mandatory participation – Article 14-ter, law 241/1990 – Exclusion
Legislative Decree 24 January 2012, n. 1
So-called “Liberalization Decree” – Excerpt – Measures regarding procurement, waste, energy, packaging, local services
In light of the Council of State’s decision, how can we ensure a balance between promoting competition in the organic waste recovery market while preventing potential conflicts of interest for companies involved in both collection and processing?
## Waste Management in a Free Market: Separating Collection from Recovery
**Welcome to World Today News! Today we’re discussing a recent ruling by the Italian Council of State regarding the management of organic waste. To delve deeper into this complex issue, we’ve invited two experts:**
* **[Guest 1 Name], a legal expert specializing in environmental law and public procurement,**
* **[Guest 2 Name], CEO of a waste management company actively involved in both collection and recovery of organic waste.**
**Thank you both for joining us today.**
**Section 1: Legality and Interpretation**
* **[Guest 1, to start us off]:** Can you explain the Council of State’s decision in simpler terms? What does it mean when it states that companies entrusted with waste collection can also carry out recovery activities, while acknowledging competition in this sector?
* **[Guest 2]:** From a waste management company’s perspective, how does this ruling impact your business model? Does it create more opportunities or potential challenges?
* **[Guest 1]:** The ruling refers to a previous decision by the TAR Emilia-Romagna. Do these cases represent a broader trend in how Italian courts are interpreting the roles of public and private sector in waste management?
**Section 2: Practical Implications**
* **[Guest 2]:** Can you elaborate on your company’s specific situation and how you comply with the regulations surrounding public entrustment and free market competition in organic waste treatment?
* **[Guest 1]:** What are some of the potential benefits and drawbacks of allowing companies like [Guest 2’s Company] to manage both collection and recovery? Could it lead to greater efficiency or potential conflicts of interest?
* **[Guest 2]:** What are some of the key considerations when building a recovery facility for organic waste, particularly in regards to sustainability, local needs, and adherence to regulations like the single regional authorization procedure (Paur)?
**Section 3: Broader Discussions and Future Implications**
* **[Guest 1]:** This ruling focuses on Italian legislation, but do you see similar debates around waste management and the role of private enterprise happening in other countries?
* **[Guest 2]:** Looking ahead, what kind of innovations or strategies do you see emerging in the field of organic waste management? How can technology and circular economy principles be further integrated into the current system?
* **[Guest 1]:** What implications does this ruling have for the concept of public service and its relationship with free market competition in areas beyond waste management?
**Closing Remarks:**
* **[To both Guests]: ** Thank you both for sharing your valuable insights and shedding light on this important issue.
* **[To audience]:** This discussion highlights the ongoing complexities and evolving landscape of waste management. We encourage our readers to stay informed and engage in these crucial conversations.
** ***Note:***
Please tailor these questions further to reflect the specific backgrounds and expertise of your chosen guests.
