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According to the declaration in the Italian Official Gazette, the government has changed the conditions for the export of critical raw materials. Scrap, including non-Italian scrap, falls into the category of ‘critical raw materials’ and its exports must be declared.
If the scrap tonnage exceeds 250 tonnes or the total monthly scrap exports exceed 500 tonnes, the limit is considered exceeded.
All exporters wishing to export directly or indirectly from Italy to outside the European Union must notify the competent ministries 60 days in advance of all information relating to the transactions, as opposed to the 20 days previously notified (from the start of the transactions). Furthermore, the expiry date of the above measures has been extended by three years, from 31 December 2023 to 31 December 2026.
The full text of the Official Gazette can be found here:
((Art. 6b
Modification of deadlines concerning the
supply of critical raw materials
1. In Article 30 of Decree-Law No. 21 of March 2022, n. 21,
converted, with amendments, by Law No. 51 of 20 May 2022,
the following amendments shall be made
(a) in paragraph 2, the words: ‘twenty days prior to the commencement
of the operation” are replaced by the following: “sixty days
before the date of exportation’;
b) in paragraph 4, the words: “31 December 2023” are replaced by
by the following: ’31 December 2026′).
Regulatory references
– The following is the text of Article 30 of
Decree-Law No 21 of 21 March 2022 (Urgent measures to
counteract the economic and humanitarian effects of the crisis
Ukrainian crisis), converted, with amendments, by Law 20
May 2022, No. 51, as amended by this Law:
“Art. 30 (Provisions on the procurement of
critical raw materials). – 1. By decree of the President
of the Council of Ministers, upon proposal of the Ministry of
economic development and the Ministry of Foreign Affairs and
of International Cooperation, on the basis of the
relevance for the national interest and the prejudice that
would derive from the operation, also in relation to the
need to supply strategic production chains
strategic, critical raw materials are identified,
for which export transactions outside the European
European Union are subject to the notification procedure
notification procedure referred to in paragraph 2. Ferrous scrap, even if not
originating in Italy, constitute critical raw materials
and their export is subject to the notification requirement
referred to in subparagraph 2, if the quantity of ferrous scrap
exceeds 250 tonnes, or where the sum of
of the quantity of ferrous scrap covered by the transactions
in each calendar month exceeds a 500 tonnes. With the single operation that in the course of
each calendar month exceeds 500 tonnes, to be notified
within the time limits set out in paragraph 2, notice shall be given of the
exceeding of the limit as a result of previous
exports.
2. Persons intending to export from the territory
national territory, directly or indirectly, out of the
European Union the critical raw materials identified pursuant to
paragraph 1 or the ferrous scrap referred to in the same paragraph 1
are obliged to notify, at least sixty days before
of the export date, to the Ministry of Economic Development
Economic Development and to the Ministry of Foreign Affairs and
international cooperation a complete information
of the transaction.
3. Unless the act constitutes a criminal offence, anyone who fails to
complies with the obligation set forth in paragraph 2 shall be subject to an
administrative pecuniary sanction equal to 30 per cent of the
value of the transaction and in any case not less than Euro
30,000 for each individual transaction.
4. The measures referred to in this Article shall apply
until 31 December 2026.
5. The implementation of this Article shall not give rise to
result in new or increased burdens for the public finance
public finance. The administrations shall provide for the
control activities envisaged by this Article using the
available human, financial and instrumental resources
resources available under the legislation in force.
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