Summary
Details
- Italy
Binding for all companies operating in Italy, particularly those with environmental risk exposure.
They must:
Adopt and effectively implement a compliance model to mitigate liability.
Monitor environmental risks and compliance with permits and laws.
Take corrective action when weaknesses are identified.
Exceptions:
Micro-enterprises may apply simplified models but are not exempt from liability.
Liability applies only if an offence is committed in the company’s interest or advantage.
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What’s Required
Legislative Decree 231/2001 introduces administrative liability of legal entities for crimes committed in their interest, including a wide range of environmental offences.
Companies must:
Prevent environmental crimes through adequate organisational and management models (Model 231).
Implement risk assessments covering environmental activities.
Establish internal controls, procedures and training.
Appoint an independent supervisory body.
Important Deadlines
No fixed deadline; obligations apply continuously once environmental crimes fall within the company's risk exposure.
Models must be updated following legal changes or incidents.
Current Status
Fully in force and increasingly relevant as environmental crimes are actively prosecuted. Adoption of Model 231 is considered best practice and a key ESG governance tool.
Penalties for Non-Compliance
Heavy administrative fines.
Disqualification measures (e.g. suspension of activities, exclusion from public contracts).
Confiscation of profits linked to offences.
Examples of Known Violations
Illegal waste management.
Operating installations without permits.
Pollution incidents leading to criminal convictions and corporate sanctions.
Resources
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