Introduction
Decree-Law No. 19 of 19 February 2026, titled “Further urgent provisions for the implementation of the National Recovery and Resilience Plan (PNRR) and on cohesion policies”, was published in the Official Gazette on 19 February 2026, introducing a number of provisions across various sectors.
Pending its conversion into law and any amendments that may be introduced, this article will highlight the most significant changes relating to Article 242-ter of Legislative Decree 152/06 (concerning permitted activities at sites undergoing remediation), as well as those relating to unhealthy industries.
1. Permitted interventions at sites undergoing remediation
Legislative Decree 152/06 sets out a series of restrictions and procedures aimed at managing sites undergoing remediation, with the dual objective of protecting public health and the environment, as well as ensuring that any external works do not compromise the remediation process.
These restrictions mean that anyone intending to carry out works or projects on sites subject to remediation procedures must follow specific procedures (including, in particular, the procedure governed by Article 242-ter of Legislative Decree 152/2006) in order to prevent works that could worsen environmental conditions or interfere with remediation activities.
The key principle is that sites undergoing remediation must remain untouched. Nevertheless, the legislator has progressively broadened the scope for intervention on such sites, in particular through the introduction of Article 242-ter.
This provision introduces an exhaustive list of eligible types of works and interventions, subject to compliance with two fundamental conditions: firstly, that the methods and techniques employed do not compromise or interfere with the execution and completion of the remediation; and secondly, that no risks are posed to the health of workers and other users of the area, in accordance with the provisions of Legislative Decree 81/2008.
Verification of compliance with such conditions is the responsibility, pursuant to paragraph 2 of the same Article, to the competent authority pursuant to Title V, Part IV, of Legislative Decree 152/2006, within the framework of procedures for the approval and authorisation of projects or, where applicable, within the Environmental Impact Assessment procedure.
Paragraph 3 of Article 242-ter assigns to MASE (with regard to areas falling within Sites of National Interest) and to the Regions (for the remaining areas) the task of identifying the categories of interventions exempt from prior assessment by the competent authority, as well as, where such assessment is required, of defining the relevant criteria, procedures and monitoring arrangements. In implementation of such provision, Ministerial Decree 45/2023 establishes a classification of the various types of interventions and works based on their impact – even if only potential – on environmental matrices and the specific characteristics of the site, thereby adapting the procedural regime applicable to the assessment of interference.
Paragraph 1 of Article 14 of Decree-Law 19/26 thus amends Article 242-ter of Legislative Decree 152/06 by providing in particular that, pending the adoption by the Regions of the implementing provisions, the categories of intervention, the assessment criteria and procedures, and the monitoring arrangements defined by the MASE also apply to areas within sites falling under regional jurisdiction.
This is a provision of great significance, which may enable companies to carry out works at sites undergoing remediation more efficiently.
2. Exclusion of certain authorised companies from the regulations governing unhealthy industries
As is known, certain industrial activities are classified as “unhealthy industries” pursuant to Article 216 of Royal Decree No. 1265 of 27 July 1934 (Consolidated Law on Health, hereinafter “TULS”) and Ministerial Decree of 5 September 1994 (hereinafter “MD 1994”).
Such activities are classified by Article 216 of the TULS into two distinct categories:
(i) “First Class”, comprising activities whose significant polluting potential requires them to be located outside inhabited areas (including, by way of example, chemical plants);
(ii) “Second Class”, comprising activities that, while generally permitted near residential areas, nevertheless require the adoption of specific precautionary measures aimed at reducing their impact on public health.
The 1994 Ministerial Decree implements the above provision by listing the activities classified as unhealthy. Within this framework, the general rule prohibits the establishment of First Class activities within built-up areas; however, paragraph 5 of Article 216 of the TULS expressly provides for a derogation, subject to the operator demonstrating the adoption of new production methods or other measures eliminating health risks arising from the operation of the facility.
The amendment introduced by Article 14(3) of Decree-Law 19/26 provides that undertakings holding an Integrated Environmental Authorisation (“AIA”), a Single Environmental Authorisation (“AUA”), or authorisations relating to air emissions and water discharges issued pursuant to Legislative Decree 152/06, are no longer classified under Article 216 of the TULS.
This provision therefore eliminates the duplication between the environmental authorisation regime and the parallel procedure governing classification as an unhealthy industry, thereby significantly reducing administrative burdens.
