With decision no. 6195 of section IV published on September 2, 2021, the Council of State stated that it is the Apulia Region – and not the Provinces – the competent authority for the issuance of the sole regional permit (provvedimento autorizzativo unico regionale – “PAUR”) pursuant to art. 27-bis of Legislative Decree no. 152/2006 (so-called “Environmental Code”).

The Council – overturning the orientation of the judges of first instance – held indeed that the delegation of functions in favor of the Provinces in the field of Environmental Impact Assessment (c.d. “VIA”) carried out with the Regional Law n. 17/2007 is not appropriate to establish a competence of the Provinces also for the release of the PAUR, since this is a new and different measure from those already existing.

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Lexia remains available for any clarification.