The 10 November 2010 the Lombardy Regional Council, by Act No. 9 / 761, has fired yet another (sixth) in the regional deliberations on the Strategic Environmental Assessment, which originated with reference to the " implementation of the provisions of the decree. June 29, 2010, No. 128, with amendments thereto dd.gr of December 27, 2008, No. 8 / 6420 and December 30, 2009, No. 8 / 10971 . "The resolution of the GRL has been published on the BURL n. 47, 2nd SS November 25, 2010.
He was followed on December 14, 2010 , the explanatory circular , which aims to clarify some methodological steps of the procedural and organizational models of the environmental assessment of plans and programs contained in the annex to the text of the Board, providing "answers concrete to the many questions put to the regional offices . Here, the Region has taken the opportunity to take a position, without mention it, the sentence no 1526 of May 17, 2010 , the second section of the TAR Lombardia, Milan, which established the mandatory nature of the principle of separation between the different authorities of VAS, and that the prosecuting authority.
In particular, paragraph n. 5 of the Circular, on the identification of those authorities, if the first part shows an apparent methodological adherence to the landing of the Regional Administrative Court, as required by placing the character of separation and autonomy, the second in the region takes into account cases in which such requirements are not raised. Ie:
- Municipalities with only one sector / functional area in which it is permitted the identification of the Authority in the same industry / functional area, with the simple requirement for the council to explain and dictate instructions to give effect to the autonomy function;
- municipalities with a population less than 5000 inhabitants, where it is permitted the identification of the competent authority within the responsibility of the holder of the executive offices and for the protection and enhancement of the environment;
- all municipalities, with prediction, in general, the possibility of identifying the competent authority by appointment on contract for highly specialized in the field of environmental protection and enhancement pursuant to art. 110 of Legislative Decree no. 267/2000.
The last part in this paragraph provides for " What if I need to rename the authorities " (Incomprehensible to those who were not aware of the events referred to the decision TAR 1526/2010), a kind normally closed to remedy any irregularities occurred in the identification of Authority "with respect to discipline regional legislation (and findings of the Lombardy Regional Administrative Court, we might add). It "suggests " To this end, to proceed with a new formal act of entrustment, and to accompany the first rulings of the Authority, once identified, with a determination of validation of previously carried out within the same SEA procedure. One would think if validation or ratifying it, but in any case must be taken note of the position of the region about recession.
The full text of the determination of the Executive and the Circular are available on the website of the Lombardy Region dedicated to the VAS to this address.
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