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Environmental Crime Legal Framework in San Marino

Article 10 of San Marino’s constitution features provisions for environmental protection. It reads: “The rights of ownership and of private enterprise shall be guaranteed. The law may impose restrictions on these rights in the public interest. Expropriation of private property shall be permitted in the forms prescribed by law for reasons of public interest and on payment of appropriate compensation. The Republic shall safeguard the historical and artistic heritage and the natural environment”

Featured Legislation

1996: Decree No. 46 (laying down health conditions applicable to trade in cattle and swines between the Republic of San Marino and the European Community Member States). The present Decree establishes health rules governing trade in bovines and swines for breeding, production or slaughter between the Republic of San Marino and European Community Member States. Each State shall ensure that only bovine animals and swines fulfilling these conditions are sent from its territory to that of another State (art. 3).

2000: Decree No. 40 (concerning the protection of nests of birds of prey in rupestrian areas of the territory of the Republic of San Marino) was promulgated. Pursuant to the principles laid down in Act No. 126 of 1995, the present Decree establishes protective measures with respect to birds of prey, which are considered to be rare species of a particular value as to the ecosystems of the territory of San Marino. Excursions shall be prohibited in rupestrian areas, as prescribed by article 2. The fines mentioned in article 4 shall be applied in case of contravention.

2004: Decree No. 76 (amending article 2 of Decree No. 40 concerning the protection of nests of birds of prey in rupestrian areas of the territory of the Republic of San Marino) was established. This Decree amends article 2 of Decree No. 40 of 2000, concerning the protection of nests of birds of prey in rupestrian areas within the Republic of San Marino. That provision prohibits excursions in rupestrian areas

2007: Act No. 108 (prohibiting animal experimentation in the Republic of San Marino) was introduced. This Act prohibits the use of any kind of animal for purposes of experimentation and scientific research. The breeding of animals for experimentation is prohibited too. Article 3 sets out penalties.

2008: Law No 72 was approved. The legislation covers energy efficiency in the housing sector and of renewable energy in the public and industrial sectors. The law was amended and modified by 1) the Delegated Decree no 89 of June 25th, 2009, dealing with the technical and economic details of the connection to the grid of renewable energy supply, and 2) the Delegated Decree no 158 of September 21st, 2010, adding incentives for the exploitation of biomass and for the production of renewable energy in the agricultural sector. The law no 48 of April 3rd, 2014, is a deeper reform of the 2008 law. The 2014 law was also amended by 1) the Delegated Decree no 99 of June 27th, 2014, on solar energy incentives, including tax rebates, and 2) the Delegated Decree no 5 of January 26th, 2015, in the matter of incentives for the energy performance interventions and installations in existing buildings, and for the installation of renewable energy or cogeneration production.

2009: Delegated Decree No. 23 (on waste management) was presented. This Decree sets out the regulatory framework governing the classification of waste generated within the territory of San Marino as well as the management and transportation of waste.

2012: The Environmental Code was passed. It is a broad text setting San Marin’s legal framework to combat all forms of pollution, including atmospheric pollution, and protect the human and natural wellbeing in the country. Chapter five of the Code stipulates that the government must reduce carbon dioxide emissions, strengthen environmental protection and support the biomaterials market by reducing the marketing and distribution of non-biodegradable bags.

2013: Law No 71 (on support to economic development) was signed. The Law on support to economic development aims at attracting business in the Republic of San Marino by granting investors the access to a simplified regime (art. 16).Art. 27 of the Law charges the Public Utilities Autonomous State Corporation to prepare a feasibility study regarding the possibility to develop a number of projects delivering mitigation co-benefits: 1) creating specific infrastructures for the supply of electricity and natural gas for road transport means, 2) providing the territory with facilities for the refueling of natural gas vehicles 3) using electric, hybrid, or natural gas vehicles for public transportation, 4) creating a cogeneration plant that guarantees the energy supply for the winter air-conditioning of the State Hospital, 5) creating strategic energy reserves, including in a contractual form, 6) using new technologies for energy production through resources present in the territory to meet the requirements of public consumption, and 7) developing pilot projects in the public sector in the field of renewable energies with high technological value.

Featured Case Studies: Transnational Environmental Crime, Human Security, and Biosecurity

  • Landlocked inside the Adriatic side of central Italy, San Marino is a small country attractive to organized criminal organizations. San Marino’s INTERPOL National Central Bureau (NCB) has recorded an uptick in transnational environmental crimes – many of which undermine national and regional security. NCB San Marino acts as national central authority, located at the Headquarters of the Gendarmeria, one of San Marino’s three law enforcement agencies. Drawing intersections between environmental and transnational crime, the Ministry of Foreign and Political Affairs and Ministry of the Interior is spearheading an anti-counterfeiting office and asset recovery office. Tackling financial and environmental crime, The NCB will build capacity among law enforcement personnel, cooperating with INTERPOL’s global law enforcement community. In an effort to curb the crimes, San Marino will provide three principal agencies:

Gendarmeria

A military police force which is part of the Ministry for Foreign and Political Affairs.  It is responsible for investigations, public order and safety, drugs, terrorism, cybercrime and the protection ofminors.  It is also responsible for the state prison.

Guardia di Rocca (Fortress Guard)

A front-line military unit in charge of day-to-day law enforcement duties and also part of the Ministry for Foreign and Political Affairs.  It is responsible for border security, customs and trade exchange.

Polizia Civile

Part of the Home Office, this agency is responsible for road-traffic, taxation, fraud, environmental protection and fire brigade services.

References and Further Reading

Contacts

Minister of Territory and Environment, Agriculture and Civil Protection: info@territorio.gov.sm