On 23 March 2021, DECREE-LAW no. 41 of 22 March 2021 (Urgent measures to support businesses and economic operators, employment, health and territorial services, related to the COVID-19 emergency), the so-called “Support Decree”, came into force.
The measure, in addition to economic support measures, also provides for important provisions relating to the deadline within which the choice of non-domestic users who produce urban waste must be made to make use of the public service or the use of the market.
In this regard, we remind you of what was published in our. News of 5 October 2020, i.e. that non-domestic users who produce municipal waste referred to in Article 183 of Legislative Decree 152/2006, paragraph 1, letter b-ter) point 2, i.e. the waste in Annex L-quarter produced by the activities in Annex L-quinquies, have the possibility of delivering such waste outside the public service and, for this reason, are excluded from the payment of the tariff component in relation to the quantity of waste delivered.
The full version of art. 238, paragraph 10, of Legislative Decree 152/2006, as amended by Legislative Decree 116/2020:
’10. Non-domestic users who produce municipal waste referred to in Article 183, paragraph 1, letter b-ter) point 2, who deliver it outside the public service and demonstrate that they have sent it for recovery by means of a certificate issued by the entity carrying out the waste recovery activity, are excluded from the payment of the tariff component in relation to the quantity of waste delivered; those users shall choose to use the public service operator or the use of the market for a period of not less than five years, without prejudice to the possibility for the public service operator, at the request of non-domestic users, to resume the provision of the service even before the five-year period.’.
Article 30 of DECREE-LAW 41/2021 (Further urgent measures and extension provisions), in paragraph 5, establishes that the choice of non-domestic users must be communicated to the municipality, or to the waste service operator in the case of a corresponding tariff, by 31 May of each year.
Here is the full text of paragraph 5 of art. 30 of DECREE-LAW 41/2021:
‘5. For the year 2021 only, by way of derogation from Article 1, paragraph 169, of Law No. 296 of 27 December 2006 and Article 53, paragraph 16, of Law No. 388 of 23 December 2000, the municipalities shall approve the tariffs and regulations of the TARI and the corresponding tariff, on the basis of the economic and financial plan of the waste management service, by 30 June 2021. The provisions referred to in the previous sentence shall also apply in the event of the need to amend measures already deliberated. In the event of approval of the measures relating to the TARI or the corresponding tariff on a date subsequent to the approval of its budget, the municipality shall make the consequent changes to the budget on the occasion of the first useful variation. The choice of non-domestic users referred to in Article 3, paragraph 12, of Legislative Decree no. 116 of 3 September 2020 must be communicated to the municipality, or to the waste service operator in the case of a corresponding tariff, by 31 May of each year.».
