Statement Of The Grounds Of The Campania Region To Ban Production Agribusiness, To Be Devoted Exclusively To Colturediverse Fitodepurative Capacity Into Account, Or Only Certain Agricultural Food Production, As Well As The Que ...

Original Language Title: Indicazione dei terreni della regione Campania da interdire allaproduzione agroalimentare, da destinare esclusivamente a colturediverse in considerazione delle capacita' fitodepurative, ovvero soloa determinate produzioni agroalimentari, nonche' di que...

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-03-09&atto.codiceRedazionale=15A01753&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The Minister of agricultural food and forestry policies in consultation with the Minister of the environment and protection of land and sea and HEALTH MINISTER Seen December 10, 2013, the Decree-Law n. 136, converted, with amendments, by law February 6, 2014, n. 6, hereinafter ' Decree-Law No 136 of 2013 ' and, in particular, articles 1 and 2; Considering that, pursuant to art. 1, paragraph 1, of Decree-Law No 136 of 2013, the Ministers of agriculture and forestry, environment, land and sea protection and health, hereinafter referred to as "Ministers," in agreement with the President of the Campania region, define, within 15 days from the date of entry into force of that decree-law, public addresses and the priorities for the development by the Council for research and experimentation in agriculture , of the Institute for the protection and environmental research, the higher Institute of health and the environmental protection agency, hereinafter referred to as "Institutions», of «technical surveys for mapping, including through remote sensing instruments, soils of the Campania region for agriculture, in order to ascertain whether there are indeed contaminants due to spills and disposal abusive even by burning '; Having regard to Council directive of Ministers of December 23, 2013 bearing ' signs for the conduct of technical investigations for mapping of soils of the Campania region for agriculture», hereinafter ' directive of December 23, 2013», and in particular articles 1, paragraph 1, which placed the data sharing available "through the use of the it structure of the Istituto zooprofilattico sperimentale dell'abruzzo e del Molise for collecting information , the procedures for classification and registration of plots under investigation», and 2, paragraph 1, which indicated the list of municipalities of priority for the purposes of conducting investigations, for a surface of 107,614 hectares, within which 1,562 emerged reports of suspicious areas, covering an area of 1,146.6 acres for farmland; Considering that, pursuant to art. 1, paragraph 5, of Decree-Law No 136 of 2013, present to the Ministers a report with the results of its investigations and methodologies used, which also contains a proposal on possible remediation, on time and on cost, relating to land and groundwater, indicated as priorities by that directive '; Having regard to the report submitted in March 10, 2014 date pursuant to art. 1, paragraph 5, first sentence, of Decree-Law n. 136 of 2013, hereinafter ' report of March 10, 2014 '; and, in particular, the Division of land surveyed in five risk classes; Having regard to the Decree of Ministers of March 11, 2014, published in Official Gazette No. 75 of March 31, 2014, hereinafter ' Decree of March 11, 2014» with which, on the basis of the aforementioned report of March 10, 2014, were placed direct surveys on the sites of the Campania region that fall into risk classes from 5 to 2, as identified in that report; Having regard to Directive of the "Ministers" of April 16, 2014, hereinafter ' directive of April 16, 2014», which have been defined in accordance with art. 1, paragraph 5, second sentence, of Decree-Law No 136 of 2014, additional territories to be subjected to investigation techniques for mapping of soils of the Campania region for agriculture under art. 1, paragraph 1, of the same Decree-Law; Having regard to Directive of the "Ministers" of June 16, 2014 by which changed the composition of the Working Group; Having regard to the report submitted by the Coordinator of the Working Group, established under the directive of December 23, 2013 and hereinafter referred to as "the Working Group", dated January 30, 2015, hereinafter ' report of January 30, 2015 ", as supplemented by letter dated February 12, 2015, the outcome of arranged direct surveys with reference to sites that fall into risk classes 4 and 5 referred to in Decree of March 11, 2014 , by which such sites were divided into four different classes of risk for the purposes of agricultural use, as well as the outcome of investigations into more territories of Campania region referred to by the directive of April 16, 2014; Considered that the report of January 30, 2015 will be published, together with the publication of this Decree, on institutional websites of the ministries of agriculture, food and forestry, the environment and protection of land and sea and health; Considering that, pursuant to art. 1, paragraph 6, first and fifth period, of Decree-Law No 136 December 10, 2013, within fifteen days after submission of the results of surveys with one or more decrees of Ministers are designated, even taking into account the principles set out in articles 14 and 15 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of January 28, 2002 land of the Campania region that cannot be grown for food but only to different crops in view of fitodepurative capacity, that is, the land to be allocated to certain agricultural food production; Considered it necessary to make such a discovery for the territories that fall into risk classes 4 and 5 referred to in Decree of March 11, 2014 on the basis of the results reported in the report of January 30, 2015; Considered it necessary to acquire, with reference to land covered by Directive of April 16, 2014, updated data with surveys in order to indicate the land that cannot be grown for food, but are intended only to different crops in view of fitodepurative capacity or to certain agricultural food production within the meaning of article. 1, paragraph 6, third sentence, of Decree-Law n. 136 of 2013, and that such surveys should be conducted according to the order of grading of risk of those lands defined by the report of March 10, 2014 and with the terms of the Decree of March 11, 2014; Having regard to Council Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the General principles and requirements of food law, establishing the European food safety authority and laying down procedures in matters of food safety, and in particular articles 7, 14 and 15; Having regard to the Legislative Decree of April 3, 2006, n. 152, as amended, laying down "environmental standards"; Was therefore considered necessary to carry out surveys in accordance with art. 1, paragraph 6, of Decree-Law 136 of 2013» with respect to classified sites to risk levels from 5 to 2; Finally, view the proposal of the Working Group, contained in the report of January 30, 2015, to change the order of priority in carrying out the surveys referred to in art. 1, paragraph 4, point d), of the Decree of March 11, 2014 with reference to subclasses 2a and 2b; Given the need to implement the provisions contained in art. 1, paragraph 6, of Decree-Law No 136 of 2013;
They give off this order: Art. Discovery 1, as a result of direct surveys, of farmland in the region of Campania in accordance with art. 1, paragraph 6, of Decree-Law No 136 of 2013. 1. In accordance with art. 1, paragraph 6, first and second sentence, of Decree-Law No 136 of 2013: a) the lands listed in annex "A" can be allocated to agricultural food production;
b) soils in annex "B" may be intended only to certain agricultural food production, according to the conditions set out in that annex;
c) soils in annex "C" cannot be grown for food, but only to different crops in view of fitodepurative capacity, in accordance with the conditions set out in that annex;
d) soils in annex'd ' may not be used for food production or silvopastorale according to the instructions contained in that annex. 2. The prohibition laid down in art. 1, paragraph 6, of the Decree of March 11, 2014, ceases from the date of publication in the official journal of this Decree for the land referred to in paragraph 1 (a)).