Guidelines For Environmental Impact Assessment Assoggettabilita ' Verification Of Projects Under The Responsibility Of The Autonomous Regions Eprovince, Provided For In Article 15 Of Decree Law June 24, 2014, # 91, Converted, With Amendments, By Legg ...

Original Language Title: Linee guida per la verifica di assoggettabilita' a valutazione diimpatto ambientale dei progetti di competenza delle regioni eprovince autonome, previsto dall'articolo 15 del decreto-legge 24giugno 2014, n. 91, convertito, con modificazioni, dalla legg...

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The Minister of environment, land and sea protection having regard to law No 349 July 8, 1986, concerning the "institution of the Ministry of environment and rules on environmental damage '; Having regard to act August 7, 1990, n. 241, relating to administrative procedure; Having regard to the Legislative Decree of January 22, 2004, n. 42, which approved the code of cultural heritage and landscape "; Having regard to the Legislative Decree of August 13, 2010, n. 155, establishing a "implementation of Directive 2008/50/EC on ambient air quality and cleaner air in Europe '; Having regard to the Legislative Decree of August 17, 1999, n. "implementation of Directive 96/334, containing 82/EC on the control of major-accident hazards involving dangerous substances»; Having regard to the Legislative Decree May 18, 2001, n. 227 "orientation and modernization of the forestry sector, laying down, in accordance with art. 7 March 5, 2001, law No. 57 '; Having regard to the Legislative Decree of April 3, 2006, # 152, establishing "environmental standards", which in part two regulates procedures for strategic environmental assessment (sea), environmental impact assessment (EIA) and the integrated environmental authorisation (IPPC); See in particular the provisions of articles 5, 6, 19 and 20 of part II of the Legislative Decree of April 3, 2006, n. 152, by which it is governed the scope, powers and methods of carrying out the verification procedure assoggettabilita ' the environmental impact assessment; Visto l'art. 5, paragraph 1, letter m), which defines the purpose of the verification procedure assoggettabilita ' in the terms in which it is "activated in order to assess, where applicable, whether the projects are likely to have a significant impact on the environment and '; Having regard to the Decree of the President of the Republic May 14, 2007, # 9, bearing the "Regulation for the reorganization of the bodies working at the Ministry of environment and protection of land and sea, in accordance with art. July 4, 2006, 29 of Decree-Law n. 223, converted, with amendments, by law No 248 August 4, 2006»; Having regard to the Decree of the President of the Council of Ministers, July 10, 2014 # 142, bearing the «organisational regulations of the Ministry of environment and protection of land and sea, of the independent performance assessment and direct collaboration offices»; Having regard to Council Directive 92/2011/EU on the assessment of the effects of certain public and private projects on the environment (EIA Directive), which provides in art. 4, paragraphs 2 and 3, that Member States should determine whether or not to submit VIA certain categories of projects listed in annex II of the directive or conducting a case-by-case or thresholds and/or criteria and that when establishing those thresholds and/or criteria, Member States are obliged to take account of the relevant selection criteria identified in annex III to the directive; Having regard to annex IV to part 2 of Legislative Decree No 152 April 3, 2006, listing "projects submitted to verify assoggettabilita is within the competence of the regions and autonomous provinces of Trento and Bolzano»; Having regard to annex V to part two of the Legislative Decree of April 3, 2006, no. 152, which defines the "criteria for the verification of assoggettabilita ' in art. 20 ", as set out in annex III of the EIA directive; Considered that the definition of guidelines and criteria for conducting the verification procedure assoggettabilita ' of projects listed in annex IV to part 2 of Legislative Decree No. 152/2006, guarantees a uniform and correct application throughout the national territory of the provisions set out in the EIA directive concerning verification of assoggettabilita ', based on the combined provisions of art. 4 and annexes II and III to the directive; Having regard to the decree-law June 24, 2014, # 91 "urgent provisions for agriculture, environmental protection and energy efficiency of school and University buildings, the revival and development of enterprises, the containment of costs imposed on electricity tariffs, as well as for the definition of requirements stemming from the European legislation passed into law, with amendments, by law No 116 August 11, 2014; See, in particular, article. 15, paragraph 1, point c), of the aforementioned Decree-Law No. 91/2014, as converted into law, which provides for the adoption of a decree of the Minister for the environment and protection of land and sea, in consultation with the Ministry of infrastructure and transport for profiles related to the strategically important infrastructure projects, by agreement within the Standing Conference for the relations between the State, the regions and the autonomous provinces of Trento and Bolzano and after obtaining the opinion of the parliamentary committees responsible for matters for the definition of criteria and thresholds to be applied for the application of the projects set out in annex IV to part II of the Legislative Decree n. 152/2006 to the verification procedure assoggettabilita ' VIA, as well as the modalities for the adaptation, by regions, of those criteria and thresholds to specific environmental and territorial situations, with the express obligation of conformity with the criteria of annex V to part II of the Legislative Decree 152/2006; See, also, article. 15, paragraph 1, point d) of the above mentioned Decree-Law No 91/2014, as signed into law, which provides for the protection of the provisions in annex IV to part II of the Legislative Decree n. 152/2006, at the same time establishing explicitly that the thresholds laid down in that annex should be supplemented by provisions contained in the ministerial decree implementing the previous arrangement, from the date of entry into force of that Decree; Does the opportunity to approve the document «guidelines for verification of assoggettabilita ' in environmental impact assessment of the projects to the regions and autonomous provinces (annex IV to part 2 of Legislative Decree No. 152/2006)» for the purpose of providing to the regions and the autonomous provinces of Trento and Bolzano, and operators a certain and clear framework of reference and guidance for conducting such procedures in conformity with the provisions of the EIA directive; Acquired, for profiles related to the strategically important infrastructure projects, on October 28, 2014, on agreement with the Ministry of infrastructure and transport; Gained the understanding within the Standing Conference for the relations between the State, the regions and the autonomous provinces of Trento and Bolzano in its session of December 18, 2014; Acquired the opinion of the competent parliamentary committees on the proposal of the Minister of the environment and protection of land and sea, in consultation with the Ministry of infrastructure and transport;
Decrees: Art. 1 1. Within the meaning and for the purposes of art. 15, paragraph 1, letters c) and d) of Decree-Law No 91/2014 converted, with amendments, by law No 116/2014, are issued the attached «guidelines for verification of assoggettabilita ' in environmental impact assessment of the projects to the regions and autonomous provinces (annex IV to part 2 of Legislative Decree No. 152/2006)», forming an integral part of this Decree.