The Italian government has launched a National Sea Plan,
approved last July by the Interministerial Committee for
Sea Policies, which is valid for three years. The Plan
includes maritime spatial plans, which - specifies the
Sea Plan - "find their legal basis in the
EU Directive no. 89 of 23 July 2014, which was later transposed into our
Legal system with Legislative Decree no. 201 of 17 October 2016' and 'have
The main purpose is to 'promote the
sustainable growth of maritime economies, development
sustainable use of marine areas and the sustainable use of resources
ensuring the protection of the marine and coastal environment
through the application of the ecosystem approach, taking into account the
land-sea interactions and enhanced cooperation
cross-border law, in accordance with the relevant provisions
of the United Nations Convention on the Law of the Sea
(UNCLOS)'".
A transposition of the Community directive into legal law
which, however, has not been carried out
correctly in the opinion of the European Commission, which announced
Italy's referral to the Court of Justice of the EU for the
failure to draw up and communicate its management plans
maritime space. Recalling that the Directive required the
Coastal Member States to draw up spatial management plans
no later than 31 March 2021 and to notify the
Commission and the other Member States concerned within three months
Since their publication, the European Commission has explained that
Italy, however, has not yet elaborated or submitted
the Commission its maritime spatial plans, and
whereas, therefore, following the submission of a letter of incorporation in
late payment in December 2021 and a reasoned opinion in April 2023,
It was decided to refer him to the Court of Justice.