Air pollution and wastewater, EU ‘stings’ Italy

Brussels – Italy mentioned three times: once for an all-new case that does not make the country’s system shine in terms of guarantees to minors in criminal cases. And twice for well-known and archaic, virtually endless stories, air quality, and wastewater, already the subject of referrals and, increasingly, a source of fines expected to be very large. The monthly Commission infringement package hits Italy hard and puts the current government in a far from easy situation with elections approaching.

The first communication that Giorgia Meloni and the ruling coalition will not be pleased with is the referral to the Court for not complying with the wastewater directive; again. There are four different procedures open for the same reason. Italy was condemned in October 2021, and the last of the series of referrals dates back to June 2023. Today’s referral is just the latest piece of a structural problem that has never been solved. Altogether, the four different procedures challenge irregularities in 900 municipalities of at least two thousand inhabitants. It makes little difference whether it is lack of collection, missing or irregular treatment: dirty and polluted urban water is released into nature (fields, rivers). The Commission considers that “efforts by the Italian authorities have, to date, been insufficient” and has therefore decided to refer Italy to the Court of Justice of the European Union; with the consequent risk of fines.

Similar risk concerns the proceedings initiated for non-compliance with the Air Quality Directive. There are still too many exceedances of Pm10, the particulate matter represented by sulfur and nitrogen oxides, ammonia, and volatile organic compounds. The Court of Justice found Italy guilty in 2020, with a ruling that has never been complied with. It believes it has given the country sufficient time to come into compliance, with no convincing results. “Although Italy has taken some measures since the judgment, in 2022, 24 air quality zones still reported exceedances of daily limit values and one zone reported exceedances of annual limit values.” Too little. Now the government has two months to convince the Commission not to proceed further.

Italy has repeatedly exceeded the emission limits set by EU regulations. It has done so since 2008, and by June 2010, adequate and permanent corrective measures were being demanded. This has not happened. Such a prolonged state of violation of EU directives contributes to a hefty fine should the Luxembourg courts convict Italy.

The third infringement procedure for Italy: minors and criminal trials. The Commission opened a new file for failing to fully transpose into its national laws EU rules on procedural safeguards. For Italy,  “completeness issues were identified, for instance,  with regards to the right to information of the child and the right to a medical examination.” If this is not corrected, the dossier could move forward in two months.