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ENVIRONMENTAL FINAL GOVERNING STANDARDS ITALY

ENVIRONMENTAL FINAL GOVERNING STANDARDS ITALY

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<strong>ITALY</strong> - 1 Overview<br />

C1.7. PERMITS AND REPORTING<br />

C1.7.1. The Italian Base Commander (IBC) is the formal representative of the installation<br />

and serves as the liaison with host nation authorities. Any formal interaction or interaction of<br />

common (U.S. and Italian) interest with Italian authorities should be conducted with the<br />

cognizance of the IBC.<br />

C1.7.2. The DoD Components shall not directly obtain permits from Italian authorities. If a<br />

permit is required, DoD Components will assist the IBC by providing reports, records or<br />

otherwise helping him/her with their liaison duties.<br />

C1.7.3. If the IBC obtains a permit on behalf of the DoD Component and the permit requires<br />

a more protective criteria than prescribed in the FGS, the criteria in the permit shall be the<br />

compliance criteria. However, if a permit allows less protective criteria, then the FGS will be the<br />

compliance criteria unless a waiver is obtained.<br />

C1.7.4. If the installation at issue does not fall under the responsibility of an IBC, the DoD<br />

installation may request clarification from the EEA via the chain of command.<br />

C1.7.5. Contractors performing work for DoD must comply with all Italian laws and<br />

regulations including obtaining all necessary licenses and permits. Notwithstanding the use of<br />

contracts, DoD Components and agencies are required to comply with these FGS unless<br />

exempted under Section C1.3, Exemptions.<br />

C1.7.6. Certificates obtained from appropriate Italian authorities (e.g., tank tightness testing)<br />

do not fall within the definition of a permit for which the IBC has responsibility. Request for<br />

such services shall be forwarded directly to the appropriate organizations without involving the<br />

IBC.<br />

C1.8. ACCESS TO INSTALLATIONS & INFORMATION BY ITALIAN AUTHORITIES<br />

Inspections and non-routine requests for information by Italian authorities shall be coordinated<br />

with the IBC and reported to the EEA via the Component chain-of-command. To the maximum<br />

extent possible, U.S. military personnel shall lead the review of DoD Component activities by<br />

Italian authorities during inspections.<br />

C1.9. LEGAL PROTECTIONS FOR U.S. FORCES EMPLOYEES<br />

C1.9.1. Legal protections afforded DoD personnel investigated or charged by a host nation<br />

with alleged offenses arising out of any act or omission done in the performance of official duty<br />

vary depending upon the status of the individual under the NATO Status of Forces Agreement<br />

(SOFA) and other applicable international agreements. In general, there is a greater ability for<br />

the U.S. to assert a primary right to exercise criminal jurisdiction over a military service member<br />

of the force as opposed to a member of the civilian component. There is no such right with<br />

respect to local national employees. Accordingly, military service members should assume<br />

September 2012 Italy FGS 1-4<br />

Revision 0

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