Former Ilva, green light for the decree on the continuity of the plants

The Council of Ministers approved the rule that protects theex Ilva from the warning of Ministry of the Environment on the management of industrial waste and on the use of landfills of the steel industry. There was a stop in this regard. The financial guarantees that the company has provided in recent months and that the Province of Tarantocompetent in environmental matters, considered them inadequate and rejected them, now they become adequate because they are valid for one year and no longer for a longer period as it was initially.

What does the measure provide for the former Ilva

In essence, article 14 of the legislative decree of 13 January 2003, n. is modified. 36 (Public Contracts Code) and after paragraph 1, with a paragraph 1 bis, a new provision is inserted. And it establishes that “for companies admitted to the procedure extraordinary administration who operate at least one declared facility national strategic interest” – and the former Ilva falls into this case – “the financial guarantee can be provided for a duration of no less than one year, even if the authorized period lasts longer.

The guarantee thus provided is considered to comply with the legal requirements for the relevant period of effectiveness, without the need for further contractual provisions relating to subsequent periods”.

Explanatory report of the measure

In the explanatory report of the measure we read that “the law contains urgent provisions regarding Ilva under extraordinary administration in order to correspond to the indifferent and urgent needs of preserving the functionality of the steel plants in the blackberries

Financial guarantees and suspension of activities

In particular, the rule “intervenes on the issue of periodicity of financial guarantees provided by AdI in AS to monitor the management activities of waste and of internal landfills to the establishment, subject to decisions of the Province of Taranto and ministerial warnings”. These, however, in the Government’s opinion, do not take into account “the peculiar situation in which extraordinary administrations find themselves and the objective difficulties they encounter in finding long-term guarantees on the banking or financial market”.

This then brought the Masebased on current regulations, to order the former Ilva, with a warning issued in recent weeks, “to suspend, starting from 20 August 2026, waste management activities and, consequently, related production activities”. Now, however, the provision just approved urgently provides “that when companies that manage at least one plant declared to be of national strategic interest are under extraordinary administration, the time horizon of the guarantee can be limited to one year. The provision does not determine new or greater burdens on public finances”.

The case of the warning

The case came to light in recent weeks when Gianluigi Knockhead of the general management of Environmental assessments of the Masesuspended “the activity of waste management object of financial guarantees in the period from 08/20/2026 to 08/31/2026. This timing was defined in order to take into account the need to implement activities aimed at guaranteeing the possible safe shutdown of the plants.

In case of failure to adapt the financial guarantees by 31 August 2026, the suspension – says the ministry – is automatically extended until the manager provides evidence of the adaptation of the financial guarantees subject to the warning, as required by the Province of Tarantoensuring that non-compliances are overcome”. In the provision, the Mase also summarizes the story. Following the decree of 25 July 2025, relating to the review of theIntegrated environmental authorisation with renewal value, the ministry sent a first one last December 15th beware ad AdI under extraordinary administration on waste management.

An end to landfills and waste

A second one beware it then arrived on March 2, followed by the other landfills e waste. The stop was issued on the basis of article 29-decies, paragraph 9, of legislative decree 152 of 2006, which provides that, in the event of failure to comply with the provisions of theIntegrated environmental authorisationthe competent authority proceeds with the warning and simultaneous suspension of the activity for a fixed period.

When the suspension is triggered

This measure is triggered when situations of danger to the environment or health arise, or if violations occur more than twice in a year. It applies in the presence of serious or repeated violations, or such as to entail concrete and relevant risks for the legal good of the environment and public health.

Reply on financial guarantees

Failure to accept the financial guarantees on the part of Province of Tarantoin February the ex Ilva responded by saying that “all the elements for the assentability of the guarantee deeds as transmitted” exist. But the Province, in the same month, through five managerial decisions, confirmed the “non-acceptance” of the guarantees.