The decree-law 28 August 2026, n. 154, published in the Official Gazette and entered into force the following day, introduces new rules on financial guarantees required for national strategic plants. The measure modifies article 208 of the 2006 environmental code. The text alters the guarantee obligations for companies under extraordinary administration managing at least one national strategic plant. This shift reflects the situation of the former Ilva plant and the need to ensure operational continuity during special administrative periods.
Annual guarantees for strategic facilities
The law changes letter g) of article 208, paragraph 11. The general rule still requires guarantees at the start of an installation. For landfills, the rules of law 36/2003 apply. The new text allows companies under extraordinary administration to provide annual guarantees for at least one year. This applies during the administration and until the business is sold.
The decree states that this annual guarantee meets legal requirements for its validity period. No clauses are needed for subsequent years or execution modes. The law maintains environmental oversight. It specifies that no landfill activity can occur without the financial guarantee. This shifts the rule from an exemption that did not exist to a temporary restructuring of coverage.
Companies managing multiple facilities face specific constraints. The measure explicitly targets those under extraordinary administration pursuant to decree-law 347/2003 who oversee at least one strategic installation. The text permits these entities to structure their financial backing on an annual basis, provided the total duration meets or exceeds one year. This structure allows organizations to handle complex administrative transitions without facing immediate, prohibitive financial hurdles.
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Context and legal challenges
The text does not directly mention Acciaierie d’Italia, but the context focuses on the Taranto steelworks. The preamble references measures for industrial plants. The government cites the need for production and employment continuity as the reason for urgent decrees. The rule is formally general but targets a very specific audience.
This balance makes the decree interesting from a constitutional perspective. The Constitutional Court has previously ruled on strategic plants. In judgment 105 of 2024, the Court stated that industrial activities can be justified by production and employment needs. However, it noted that this cannot justify an indefinite lowering of health and environmental protection. The Court cited articles 9, 32, and 41 of the Constitution, emphasizing proportional, temporary measures aimed at returning to normal protection.
The decree’s validity is immediate, yet its legal future remains contingent. Although effective as of 29 August 2026, the government must convert it into a regular law within sixty days. The parliamentary conversion process will determine whether the special guarantee regime remains strictly limited to the circumstances of the former Ilva or if additional conditions will be attached to ensure broader regulatory compliance.
