Waste management in Italy is regulated by the Environmental Code (Legislative Decree no. 152/2006).
Waste management is one of the most important and at the same time complex aspects concerning the correct management of any production cycle.
The objective of the regulations is to be found in the growing need for traceability of waste, especially hazardous and industrial waste as well as waste linked to office activities.
In particular, the activity of waste brokerage is one of the most widespread and is a particularly complex figure, especially in terms of identifying responsibilities which, although it operates in a sector of significant environmental importance, is not yet regulated in such a way as to identify functions, references and responsibilities.
The definition of a waste broker under EC Regulation 1013-2006
According to EU Regulation 1013-2006, a broker is “anyone who arranges the recovery or disposal of waste on behalf of others, including brokers who do not take physical possession of the waste, as defined in Article 12 of Directive 2006-12-EC“.
However, this definition opens the way to several considerations: first of all, the identification of the figure of the intermediary that for the specific regulatory reference is identifiable only in establishments or enterprises, with the consequence that the intermediary is configured primarily at least as an enterprise.
The second consideration concerns the qualification of the activity of the intermediary: in particular, it is established as an activity exclusively related to third parties activities identified in the figures of the waste producers who need the work of intermediation for the recovery or disposal of their waste, and this through a company operating in its own name and on behalf of third parties.
Another consideration can be made on the use of the verb dispose used by the Community legislator, which identifies the availability of the waste.
The availability takes place when the intermediary is given the mandate to arrange for the disposal or recovery of the waste, even if this activity is not carried out through the physical possession of the waste.
Assuming, therefore, that the broker can be neither the producer nor the executor of the recovery or disposal, his activity could well be defined as organising the transfer of the waste from the place of production to the place of recovery or disposal.
The figure of the intermediary without holding the waste
The main role of a non-detention broker is to act as a link between the main actors in a waste management cycle, i.e. the producer/holder, the transporter and the final consignee.
More specifically, the waste broker without possession of the waste works to ensure that the producer has the best location for the load of waste, also from an economic point of view, to be sent for disposal or recovery.
In this context, the intermediary’s activity (acting in his own name on behalf of third parties) has the peculiar aspect of being an “organiser of the delivery (transport) of waste for recovery or disposal”.
This is due to the fact that the intermediary is entrusted not only with the identification of the recovery or disposal facility but also with the organisation of the transport aimed at carrying out the task with adequate specific professionalism that includes the knowledge of the different types of waste, the appropriate transport methods (packaging, labelling, types of vehicles, methods, route, documentation, etc.) as well as the appropriate methods of recovery or disposal of the waste entrusted to him.
Being a waste broker in Italy
In Italy, in order to carry out the activity of waste intermediation, registration in the Register of Environmental Managers is required.
The Register of Environmental Managers is the national register of companies that carry out waste management and was established by the Ministry of the Environment and Protection of Land and Sea and is regulated by Legislative Decree 152/20016.
Its structure is divided into a National Committee based at the Ministry and into both regional and provincial sections, whose headquarters are located at the Chambers of Commerce of the regional capitals.
The register is divided into different categories, but the one we are interested in is Category 8 – “Intermediation and trade in waste without possession”.
However, it is necessary to meet certain general requirements, regardless of the category, before applying for registration; the company must
- be registered in the Company Register, REA or, if based abroad, in the professional register of the State of residence;
- not be in a state of bankruptcy or liquidation or be subject to a bankruptcy procedure or any other equivalent situation under foreign law;
- be in compliance with the obligations relating to the payment of social security and welfare contributions in favour of workers, according to Italian legislation or that of the State of residence.
With reference to Category 8, on the other hand, during registration companies will have to certify the minimum number of staff required to carry out their activities and their financial capacity.
In fact, registration or renewal in Category 8 is subject to the presentation of a bank guarantee or insurance surety policy, the amount of which varies depending on the quantity t/a of waste treated.
In addition, in order to register in this category, it will be necessary to appoint a technical manager who will be responsible for ensuring the correct organisation of the company’s waste management in an effective and continuous manner: the task may be carried out by the legal representative/owner of the company, by an employee or even by a person from outside the organisation.
The technical manager:
- in a state of disqualification or incapacitation, or of temporary disqualification from the management offices of legal persons and companies;
- must not have been convicted in a court of law;
- must not have made false statements in supplying information or falsified information required for the appointment.