The Ministry for the Environment, Land and Sea has recently responded to a question put by the Italian Federation of Producers of Renewable Energy (FIPER) Classification of prunings arising from the maintenance of the green.
The Federation, complained about the uneven application of the law throughout the country, and asked the Ministry clarification about.
The Ministry has prepared a comprehensive response which shows that Article. 185, paragraph 1, letter f) of Leg. 152/2006 states that does not apply to Part IV of the decree to "straw, mowing and pruning, as well as other material agricultural and forestry natural and non-hazardous used in farming, forestry or for the production of energy from such biomass through processes or methods that do not harm the environment or endanger human health. "
This means that the Environmental Code does not consider the waste cuttings and prunings produced in an agricultural activity, when used in agriculture or energy production, provided that the use involves no risk or harm to the environment and to health.
It follows that Article 185 paragraph 1 letter f can not be applied in the case of residues, pruning and other materials from agricultural activity. In this case it is not automatically facing a waste because you can rely on Article 184a, which regulates by products. This rule states that "it is a by-product and not as waste, pursuant to art. 183, paragraph 1, letter a), any substance or object that satisfies all of the following conditions:
- the substance or object is originated from a production process, of which it constitutes an integral part, and whose primary purpose is not the production of that substance or object
- it is certain that the substance or object will be used, in the same or a subsequent process of production or use, by the producer or third parties,
- the substance or object can be used directly without any further processing other than normal industrial practice,
- further use is lawful, ie the substance or object fulfills, for the specific use, all relevant requirements relating to the products and the protection of health and the environment and will not lead overall adverse environmental and health human "
In conclusion, those who come to hold cuttings and prunings, can not classify as waste if the conditions of Article 185 of the Environmental Code, or, in the absence (for example if this activity is not agricultural origin or destination is in agriculture or in the production of energy) to manage them as by-products, provided it can meet all the requirements of Article 184A of the Code.