Environmental Assessments and Authorizations: SEA - EIA - IPPC Permit

EU Pilot system is the instrument through which the European Commission requests information from the Member States, to quickly resolve potential breaches of EU law and to prevent the opening of possible infringement proceedings.

European Commission uses this instrument when knowledge about a factual or legal specific issue is not sufficient to have a clear understanding of the compliance with EU law and in all those cases where a prompt resolution can be found, without recourse to the launch of an infringement procedure.

From 2012 to date, a total of 45 EU Pilot cases on EIA and SEA (Directives 85/337/EEC, 2011/92/EU, 2014/52/EU, Directive 2001/42/EC) have been opened, often regarding also other environmental issues (water, waste, habitats, industrial emissions), which have been carried out by the Directorate-General for Environmental Assessments and Authorizations (DG EAA), together with other competent Directorates-General. In particular, during the dialogue with the competent services of the European Commmission:  

• 5 EU Pilot cases have been consolidated in environmental issues other than EIA and SEA and were therefore mainly carried out by other competent Directorates-General,
• 1 EU Pilot case became infringement proceeding, filed to date (infringement proceeding n. 2013/2170, ex EU Pilot 5060/13/ENVI “Lavori per la disostruzione dell'alveo del fiume Piave - Direttiva VIA”),
• 39 EU Pilot cases have been consolidated in EIA and SEA and where therefore mainly carried out by DG EAA.

Out of the 39 EU Pilot cases on EIA and SEA, 38 cases have been closed, while the dialogue with the European Commission is still ongoing on the case still open for which, based on the work already done, an upcoming closing is hoped. The graphs below show the EU Pilot cases opened, closed and ongoing (updated on 10 May 2017).

The above graphs clearly show that while a considerable number of Cases opened by the European Commission in the period 2012-2014 (37 cases), from 2015 to date there is a significant reduction in new cases (2 cases) and the substantial “zeroing” of the ongoing EU Pilot cases, both due to the closing and to the significant reduction of opening of new cases by the European Commission.

The data is also confirmed by the European Commission's half-year statistics on EU Pilot cases and infringement proceedings in the Member States.

The achievement of these positive results is due to a number of factors essentially resulting from the constant commitment and effective participation between all competent authorities involved (national, regional and local) and between them and the European Commission, as well as to the constant dialogue carried out in a mutual spirit of loyal and sincere institutional cooperation.

The "teamwork" that led to the resolution of the EU Pilot cases and to avoid the opening of infringement proceedings or of new EU Pilot cases, has also triggered virtuous processes which contribute to ensuring compliance with EU law and a positive climate of trust and credibility towards Italy on these issues.