In the current context, the Regional Administrative Court (TAR) of Lazio has issued a definitive judgment on the circular concerning the use of lead ammunition, establishing that it is ineffective. This decision has significant repercussions on the regulation of lead ammunition and could trigger a confrontation between Italy and the European institutions.
The Lazio Regional Administrative Court based its decision on the incompatibility of the circular with the provisions of the community regulation, underlining that this circular cannot influence the specific provisions established at European level. In practice, this means that the restrictions on the use of lead ammunition in wetlands remain fully applicable, regardless of the circular.
This ruling represents a blow to the Meloni government, which had issued ordinance 5447/2023 to try to mitigate the impact of the restrictions. Environmental organizations, including Lac, WWF, Lipu and Lav, had lodged an appeal against this circular, arguing that it was insufficient to address the problem.
The Lazio Regional Administrative Court actually agreed with them, stating that the circular is not sufficient to guarantee compliance with community rules. In practice, this means that possession of lead ammunition within one hundred meters of any body of water, including temporary or potential bodies of water, is a criminal offence, resulting in criminal penalties.
This TAR decision raises an important question: is a law or decree really necessary to limit the use of lead ammunition? However, although this seems to be the ideal solution to address the issue comprehensively, the political situation could complicate the adoption of new measures before the official start of the hunting season.
Furthermore, it is important to underline that the European institutions have already expressed their concern regarding Italy and lead ammunition, threatening to launch an infringement procedure. This means that the Italian government could find itself in the near future facing a confrontation with the European Union over the whole issue of lead ammunition.
Ultimately, the Lazio Regional Administrative Court's decision has further strengthened the position of European regulations on lead ammunition, while the Italian government faces significant challenges in addressing this issue effectively.