With the Legislative Decree n. 205/2010 was introduced, for foreign companies who want to import or export waste to/from Italy, the obligation:
- to register in the National Register of Environmental Operators (ANGA);
- to open a secondary office in Italy.
To simplify as much as possible this last procedure, the ANGA’s register issued a circular that made equivalent to the opening of a secondary office the so-called domiciliation, with the ability to send and receive postal correspondance to and from that place.
This means that the company does not have to open a secondary office in Italy, with all the rental and management costs that involves a secondary office, but may simply elect a domiciliary, where they can receive all correspondence, and handle all the practices.
Warning: please note that major changes are underway in this area.
Update: please note that in the field of cross-border transport of waste in July 2016 the ANGA’s register with a new resolution has established new operational criteria for foreign companies that transport waste in/from Italy.
The new discipline:
- provides that companies that wishing to enroll in the category 6 (“companies that perform exclusively cross-border transport of waste) must submit an application, exclusively via computer, at the regional or provincial territorial jurisdiction Section, in the event that they have secondary or elect domicile headquarters in Italy, or in the case elect domicile by e-mail address certified (Pec) to a regional or provincial section at the choice;
- establishes the minimum provision of vehicles and personnel for the registration to category 6, which is identified on the basis of the overall payload of the vehicle in relation to the volume of waste as required by the registration classes;
- introduces the requirement of financial standing before did not operational;
- reiterates that - pending the decisions on the criteria for the evaluation of the professional requirements, the conditions for the engagement of technical manager and the necessary recognition of qualifications from another EU state - the post of technical director is hired by the legal representative;
- sets a transitional provisions. In particular, companies that are already in possession of the registration receipt must submit the new application (in order to comply with the new provisions) by February 12, 2017, or within 120 days from the date of entry into force of the resolution, under penalty of removal from the register.
Update: the new rules will come into force the May 15th, 2017 (Circular no. 148 of February 2nd, 2017 contains transitional provisions on inclusion in the category 6 of ANGA's register)
Natura Giuridica, company provides environmental consulting to foreign companies that do import and export of waste into / from Italy full support for:
- the all'A.N.G.A subscription service;
- the legal, administrative and technical consulting
in order to enable the enterprise foreign to be in compliance with Italian regulations (with the tranquility of not incurring the penalties for illegal transport of waste provided for in DLg 152/2006) and containing costs to the maximum.
In fact, it is considerably cheaper:
- establish a periodic fee for the domiciliation and management of correspondence, than opening a real secondary registered office!
- rely on specialists in this field, in order to avoid any irregularities.
To request this service simply contact Andrea Quaranta, owner of Natura Giuridica and request a quote.
Do not let your cross-border transport of waste is left to chance: please contact us and we'll follow you and will work alongside you step by step in your business.