Transboundary waste shipment

SURETIES
Guarantees Similar to Contracts

CROSS-BORDER WASTE SHIPMENT

REGULATIONS

EEC Regulation No. 259/93 of the Council, February 1, 1993, regarding the supervision and control of waste shipments within the European Community, as well as into and out of its territory.
Ministerial Decree of the Ministry of Environment, September 3, 1998, No. 370, "Regulation containing rules concerning the methods of providing financial guarantees for the cross-border transport of waste."

Article 194 of Legislative Decree 152/2006

CONTENT AND LIMITATIONS OF THE GUARANTEE
The surety bond guaranteeing obligations arising from cross-border waste shipment is issued in favor of the Ministry of Environment (for an amount determined based on the quantities and costs of transporting/disposal of the waste, as well as the costs of remediating polluted sites) and covers any expenses incurred for the transportation, disposal, or recovery of the waste, as well as the costs for the remediation of polluted sites related to these operations.
Each transport, which must be pre-authorized, is preceded by a shipment notification to the competent authority in the destination country and is accompanied by a transport manifest issued by the competent shipping authority (region or autonomous province from which the shipment originates) that verifies the conformity of the guarantee with contractual schemes and established amounts, also carrying out relevant supervisory activities.
In the case where the surety bond covers multiple transports, the maximum coverage applies to each individual shipment.
The policy is released four months after the competent shipping authority receives the certificate of proper disposal or recovery for the last shipment covered by the guarantee, provided no claim for the enforcement of the guarantee has been notified to the surety or contracting company within this period—this could also be initiated by the Ministry of Environment.
The guarantor is required to fulfill the claim within thirty days of receiving a justified request, without the right to demand prior enforcement of the contracting party and without the ability to raise objections.
Article 194 of the Environmental Code provides that a decree from the Minister of Environment (yet to be issued) will define the criteria for calculating the minimum amounts of financial guarantees. These guarantees are reduced by 50% for companies registered under Regulation (EC) No. 761/2001 (EMAS) and by 40% for companies holding environmental certification under UNI EN ISO 14001.

Type
Contract Guarantees

Category
Similar to those for public works contracts

Claim Payment

Compensation is made within 30 days from the notification of the justified request by the Ministry, without the guarantor being able to raise objections.
For the extended policy duration for registry enrollment, the period is set at four months from the receipt by the regions of waste disposal or recovery documents.
Legal References

Ministry of Environment - Decree of September 3, 1998, No. 370
Regulation concerning the rules on providing financial guarantees for cross-border waste transport
Common Applicant
Companies engaged in waste transport

Common Beneficiary
Ministry of Environment

Usual Initial Duration

Six months with possible extensions. The Ministry of Environment has delegated competent regions or autonomous provinces to carry out the checks and release the guarantees.
The guarantee is released upon receipt by the aforementioned authorities of certificates of proper waste disposal or recovery.
In case of multiple shipments, the release occurs upon receipt of certificates for the last transport.

Extensions
They are foreseen.

Commonly Requested Special Clauses
Specific text required

Specific Documentation to Obtain
Transport manifests for the waste covered by the guarantee
Certificate of proper waste disposal