DIRECTOR’S DETERMINATIONS FOR EIA SCREENING UNDER STATE JURISDICTION

    Panel 1
    Update date
    Authors

    Anna Cacciuni, Caterina D'Anna

    Abstract
    Graph
    Abstract

    The indicator represents the number of director’s determinations for Environmental Impact Assessment (EIA) Screening issued annually by MASE under state jurisdiction, providing insight into the central public administration’s response regarding environmental assessment decision-making processes.
    From 2004 to 2023, there were 626 determinations of non-subjection to EIA and 148 determinations requiring EIA.
    The screening procedure concluded with a determination of non-subjection in 79% of cases.

    Description

    The indicator represents the number of director’s determinations for EIA Screening under state jurisdiction, issued annually by MASE.

    Purpose

    To provide the response of the central public administration regarding decision-making processes related to environmental assessments.

    Policy relevance and utility for users
    It is of national scope or applicable to environmental issues at the regional level but of national significance.
    It is able to describe the trend without necessarily providing an evaluation of it.
    It is simple and easy to interpret.
    It provides a representative overview of environmental conditions, environmental pressures, and societal responses.
    It provides a basis for international comparisons
    Analytical soundness
    Be theoretically well founded in technical and scientific terms
    Presents reliability and validity of measurement and data collection methods
    Temporal comparability
    Spatial comparability
    Measurability (data)
    Adequately documented and of known quality
    Updated at regular intervals in accordance with reliable procedures
    Readily available or made available at a reasonable cost/benefit ratio
    An “adequate” spatial coverage
    An “appropriate” temporal coverage
    Main regulatory references and objectives
    • Legislative Decree 152/2006 and subsequent amendments
    • Legislative Decree No. 104 of 2017
    • Decree Law 34/2020 converted into Law 77/2020
    • Decree Law 76/2020 converted into Law 120/2020
    • Decree Law 77/2021 (Simplification Decree), converted into Law No. 108 of 29 July 2021
    • Decree Law 92/2021 (Urgent measures to strengthen the Ministry for Ecological Transition and on sport)
    • Law No. 25 of 2022
    • Law No. 91 of 2022
    • Law No. 6 of 2023
    • Decree Law No. 13 of 2023
    DPSIR
    Response
    Indicator type
    Descriptive (A)
    Limitations

    -

    Further actions

    -

    Data source

    MASE – Ministry of Environment and Energy Security

    Data collection frequency
    Yearly
    Spatial coverage

    National

    Time coverage

    2004-2023

    Processing methodology

    Director’s determinations for EIA Screening under state jurisdiction, issued annually by MASE, were collected and analyzed. Starting from the determinations published on the MASE website, data were processed regarding the total number of non-subjection determinations, subjection determinations, and archived cases per year.

    Update frequency
    Year
    Data quality

    The data relating to the number of director’s determinations are regularly published and updated by MASE.
    The indicator is clear and easy to interpret and ensures comparability over time and space, as the information has always been collected using the same methodology.

    State
    Good
    Trend
    Positive
    State assessment/description

    In 2021, 2022, and 2023, a total of 207 determinations of non-subjection to EIA were issued, while 55 determinations required subjection to EIA (Table 1).
    An increase in the number of screening determinations for non-subjection to EIA has been observed over the last three years, indicating growing attention to sustainable and economic development in the country.

    Trend assessment/description

    From 2004 to 2023, a total of 793 EIA screening procedures were examined: 626 determinations concluded with non-subjection to EIA, while 148 were determinations of subjection to EIA (Table 1 and Figure 1).
    The types of projects subject to EIA screening under state jurisdiction have changed over time, in line with European directives and national legislation.
    However, from 2018 to 2023, there has been a noticeable increase in the number of director’s determinations, consistently above the average for the entire 19-year period (2004–2023).
    This growth confirms a greater awareness of environmental issues.

    Comments

    The information “number of determinations by project type” allows for identification of which and how many projects were subject to screening and resulted in a decision of non-subjection to EIA.
    From 2004 to 2023, 79% of screening procedures concluded with a determination of non-subjection to EIA.
    The classification adopted for project types (Table 2) refers to the categories listed in Annexes II and II-bis of Legislative Decree 152/2006 and subsequent amendments, in line with the classification used for “EIA Decisions”.

    The types of projects subject to screening have evolved over time in line with legislative adaptations to European directives.
    With the amendments introduced by Legislative Decree 104/2017, Annexes II, III, and IV were extensively revised, expanding the scope of state jurisdiction to include projects previously under regional responsibility (mainly energy plants and infrastructure), and identifying new projects under Annex II-bis subject to state-level screening (Article 7-bis).

    As of today:

    • Projects listed in Annex II are subject to national EIA
    • Projects in Annex II-bis are subject to national EIA screening
    • Projects in Annex III are subject to regional EIA
    • Projects in Annex IV are subject to regional EIA screening

    Waste-related plants have not been subject to EIA screening since the entry into force of Legislative Decree 4/2008, which amended Part II of Legislative Decree 152/2006.

    By project type, over the reference period, the following positive determinations (i.e. requiring EIA) for modification/expansion works were recorded:

    • 136 (22%) for thermoelectric power plants
    • 125 (20%) for port infrastructure
    • 85 (14%) for roads/motorways
    • 41 (7%) for refineries and gasification projects
    • 35 (6.3%) for offshore hydrocarbon exploration/production
    • 35 (6%) for power lines
    • 31 (5%) for gas pipelines
    • 138 (22%) for other types (including integrated chemical plants, railway segments, maritime terminals, airports, dams and reservoirs/water management, remediation of contaminated sites/nuclear facilities, waste, logistics hubs, underground gas storage, hydroelectric plants, port master plans, offshore wind farms, and mining permits) (Figure 3).

    Considering only the years 2020, 2021, 2022, and 2023:

    • 72 procedures involved port infrastructure
    • 57 involved thermoelectric plants
    • 34 involved modifications to roads/motorways
    • 18 involved gas pipelines (Table 2)
    Graph
    Data
    Headline

    Table 1: Total number of screening decisions for EIA at the national level (not subject to EIA, subject to EIA, and archived)

    Data source

    ISPRA processing based on MASE data

    Data legend

    1 Positive and partially positive screening decisions (not subject to EIA) are considered until 2017. Since the entry into force of Legislative Decree 104/2017, “partially positive” decisions no longer exist.

    Headline

    Table 2: Number of screening decisions for EIA (not subject to EIA) by project type

    Data source

    ISPRA processing based on MASE data

    Data legend

    a No longer subject to national procedure since the entry into force of Legislative Decree 4/2008

    Thumbnail
    Headline

    Figure 1: Screening decisions for EIA at the national level (Not subject to EIA, Subject to EIA, and Archived)

    Data source

    ISPRA processing based on MASE data

    Thumbnail
    Headline

    Figure 2: Distribution of screening decisions for EIA at the national level by outcome, 2004–2023

    Data source

    ISPRA processing based on MASE data

    Thumbnail
    Headline

    Figure 3: Distribution of screening decisions for EIA at the national level by project type, 2004–2023

    Data source

    ISPRA processing based on MASE data

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