Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 25 March 2024 – Società Eredi Raimondo Bufarini Srl – Servizi Ambientali v Ministero dell’Interno, Ministero della Transizione Ecologica, Comitato tecnico regionale delle Marche, Coordinamento per l’uniforme applicazione sul territorio nazionale di cui all’art. 11 del D.Lgs. 105/2015
(Case C-224/24, Società Eredi Raimondo Bufarini – II)
Language of the case: Italian
Referring court
Consiglio di Stato
Parties to the main proceedings
Appellant: Società Eredi Raimondo Bufarini Srl – Servizi Ambientali
Respondents: Ministero dell’Interno, Ministero della Transizione Ecologica, Comitato tecnico regionale delle Marche, Coordinamento per l’uniforme applicazione sul territorio nazionale di cui all’art. 11 del D.Lgs. 105/2015
Questions referred
Does the definition of ‘presence of dangerous substances’ in Article 3(12) of Directive 2012/18/EU 1 preclude a practice whereby the determination of the quantities of dangerous substances present in a waste treatment installation is conducted through an operational procedure implemented by the operator (and possibly authorised by the permit provided for in Article 23 of Directive 2008/98/EC 2 or Article 4 of Directive 2010/75/EU 3 ) which classifies waste as ‘mixtures’ within the meaning of Article 3(11) of Directive 2012/18/EU and provides for constant monitoring of the quantity of dangerous substances present in the installation and ensures that the lower and upper thresholds laid down in column 2 and column 3 of Annex I to Directive 2012/18/EU are not exceeded?
Does Article 7 of Directive 2012/18/EU, which provides that the operator is required to send ‘a notification to the competent authority’ containing the information listed in Article 7(1) of that directive, interpreted in accordance with the principles of competition and freedom of establishment, preclude a provision such as Article 13(1), (2) and (5) of decreto legislativo n. 105/2015 (Legislative Decree No 105/2015), which provides that the information must be communicated exclusively by means of ‘a notification drawn up in accordance with the form set out in Annex 5’ (paragraph 1), ‘signed in the form of self-certification in accordance with the regulations in force’ (paragraph 2), ‘sent by the operator to the recipients referred to in paragraph 1 in electronic form using the telematics services and tools made available via the inventory of establishments likely to cause major accidents referred to in Article 5(3)’ or ‘exclusively by digitally signed certified electronic mail’ (paragraph 5), thus ruling out a method of communication using ‘an operational procedure implemented by the operator’, providing for constant monitoring of the quantity of dangerous substances present in the installation and ensuring that the lower and upper thresholds laid down in column 2 and column 3 of Annex I to Directive 2012/18/EU are not exceeded?
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1 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ 2012 L 197, p. 1).
1 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ 2008 L 312, p. 3).
1 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (OJ 2010 L 334, p. 17).