Norms and regulations

Consortia to manage the waste coming from illicit trafficking

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Ok from the State Council: the judicial authorities will appoint a consortium to take in charge the waste load depending on its typology.

How to handle waste from illicit trade? A possible answer comes from the State Council, which after almost three years and a half approved the decree from the Ministry of the Environment about the appointment of potential curators to sell the waste impounded in port or airport areas. The Council’s solution consists in entrusting a consortium appointed by the judicial authority with the disposal of such waste, depending on each consortium’s competence and to the type of waste.

The above mentioned decree implements Art. 9, paragraphs 3-7 and 3-8 of the Law Decree dated March 2nd, 2012, no. 16, converted with amendments by Law 22nd April 2012, no. 44. Paragraph 3-7 reads: “The waste impounded in port and airport areas in compliance with Art. 259 or Art. 260 of Legislative Decree 3rd April 2006, no. 152, by order of the judicial authority, even before the conclusion of the criminal proceedings, is to be entrusted to one of the mandatory consortia competent in this field, depending on the characteristics of the different types of waste impounded. The judiciary authorities will order the acquisition of representative samples as evidence for the proceedings, in accordance with Art. 392, paragraph 1, letter f) of the Criminal Procedure Code.”

Paragraph 3-8 reads: “The mandatory consortia referred to in paragraph 3-7, in case the characteristics of the waste make it impossible to store it elsewhere at the owner’s expense, will proceed to the treating of the waste so that it can be put for sale, under the supervision of a curator appointed by the court, who must satisfy the requirements set by the Ministry of Environment and Protection of Land and Sea through a decree to be issued within sixty days from the date of entry into force of the law converting the present decree. The proceeds of the sale, less expenses incurred for treatment, the remuneration of the curator and related activities, will be placed at the disposal of the judicial authority, until the end of the proceedings. With the conviction judgement, the judge will also order the distribution of the proceeds of the sale of the waste, giving a 50% share to the Single Justice Fund of the Ministry of Justice, and the remaining 50% to the Ministry of the Environment and Protection of Land and Sea, for the financing of specific environmental rehabilitation programs of port and airport areas.”

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