Italian Policy Framework for Water in Agriculture - Water and Agriculture: Sustainability, Markets and Policies - page 339

The institutions and agencies can have competencies in one or more of the three
described levels. In particular, the competencies are shared:
between state and regions (according to the new text of the Italian Constitution 18 and to the
laws of decentralisation that have been passed from 1990);

among the central administrations (ministries). In particular, the institutions involved are:
Ministry of Agricultural and Forestry Policies, Ministry of Environment Protection,
Ministry of the Economy and Ministry of Infrastructures and Transports.

The large part of the competencies has been assigned to the Ministry of Environment
Protection, while the Ministry of Agricultural and Forestry Policies is competent for the
greatest irrigation networks and for programming of national funds. Regions have the
remaining competencies.
At the end of this brief examination, we would like to underline that in 2000 the
Water Framework Directive (Directive 2000/60/CE) was passed at the European level.
The main aims of the directive are: widening water protection; managing resources on a
river basin scale independent from administrative units; proceeding through an arranged
approach that integrates chemical water quality and environmental quality; assigning the
right price to water use based on real economic costs (“full cost recovery” principle);
involving citizens in the adopted choices. Although the directive still has not been applied
in Italy 19 (a procedure of infraction of the European Commission is in course), under
many aspects the Italian decree has already applied its principles and aims, in particular
regarding the approach on a river basin scale and the integrated quali-quantitative
protection. But, obviously, its application will make other modifications and integrations
of the Italian water system necessary.

3. Main legislative instruments for planning and programming for the water system

As described, from a legal point of view the Italian water system is very complex and
characterised by a high level of fragmentation and competencies, and functions tend to
overlap. This situation creates the necessity of a strong coordination among different
competent local and national administrations in making decisions regarding planning
water use and choosing economic instruments.
The main legal instrument for the water use planning is the "River basin Plan"
(Law 183/89), defined by the competent river basin authority. The plan is constituted by
several sector extract plans, among which the more important are:

the Ambit Plan, for civil and industrial use and purification fields; the plan is defined
from the ambit authority;

the Water Protection Plan (Decree 152/99), that indicates the environmental objectives
and the prescriptions for all water uses in order to respect water quality. The Plan
comprises strategies to reduce negative impacts derived from anthropic activities,
included agriculture. Regarding quantitative protection, the Plan must include
measures driving to a more efficient water use in agriculture, through the regulation of
18.

Legge costituzionale 18 ottobre 2001 n. 3.

19. Actually, a proposal of decree has being discussing.