1.

Do Articles 4 and 13 of Directive 2008/98/EC, ( 1 ) in conjunction with recitals 6, 8, 28 and 31 thereof, preclude national primary legislation and the related secondary implementing legislation — such as Article 35(1) of Decree-Law No 133/2014, as converted into law by Law No 164/2014, and the Decree of the President of the Council of Ministers of 10 August 2016, published in the Official Journal of the Italian Republic, No 233 of 5 October 2016 — in so far as only incineration facilities covered by that legislation, in accordance with the indications set out in the annexes and tables of that decree, are classified as strategic infrastructure and installations of major national importance which establish an integrated, modern system for the management of municipal and similar waste and which ensure self-sufficiency, in the interests of national safety, given that the national legislature did not classify installations for the treatment of waste for recycling and re-use purposes in the same way, even though they are two of the leading methods in the waste hierarchy set out in the directive?

In the alternative, if that is not the case, do Articles 4 and 13 of Directive 2008/98/EC preclude national primary legislation and the related secondary implementing legislation — such as Article 35(1) of Decree-Law No 133/2014, as converted into law by Law No 164/2014, and the Decree of the President of the Council of Ministers of 10 August 2016, published in the Official Journal of the Italian Republic, No 233 of 5 October 2016 — in so far as municipal waste incineration facilities are classified as strategic infrastructure and installations of major national importance in order to deal effectively with and avert further infringement proceedings for failure to implement the rules of EU law governing the waste sector, as well as for the purpose of limiting the amount of waste being deposited in landfill?

2.

Do Articles 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 of Directive 2001/42/EC, ( 2 ) also read together, preclude the application of national primary legislation and the related secondary implementing legislation — such as Article 35(1) of Decree-Law No 133/2014, as converted into law by Law No 164/2014, and the Decree of the President of the Council of Ministers of 10 August 2016, published in the Official Journal of the Italian Republic, No 233 of 5 October 2016 — which provides that the President of the Council of Ministers may, by decree, revise upwards the capacity of existing incineration facilities and also determine the number, capacity and regional location of incineration installations with the capacity to recover energy from municipal and similar waste to be constructed to meet the revised residual demand, for the purpose of gradually restoring the socio-economic balance between the various parts of the national territory, in compliance with separate collection and recycling objectives, without that national legislation providing that, at the preparation stage of that plan as described in the Decree of the President of the Council of Ministers, the rules on strategic environmental assessment laid down in Directive 2001/42/EC are to apply?