follow appropriate principles and minimum requirements to protect and sustain the biodiversity and ecosystems, and to contribute to their conservation.”42 Annex IV to Delegated Regulation at stake makes provision for technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to the protection and restoration of biodiversity and ecosystems and for determining whether that economic activity causes no significant harm to any of the other environmental objectives. Point 2 concerns “Accommodation activities”.43 As for the enforcement, the EU Member States are responsible for ensuring that the DNSH is applied correctly in the context of their own tourism sectors and investments. IV. THE DNSH IN THE RECOVERY AND RESILIENCE FACILITY The disruptive reach of the DNSH may explain the precautions by the EU institutions in relation to it and the approach/trend of those institutions aiming at limiting its relevance, scope, and implementation.44 Moreover, the DNSH currently lacks a clear and comprehensive definition under EU law.45 However, the importance of this principle has grown in its importance due to the role it plays within the Next Generation EU and the relative national recovery plans, especially in relation to the main tool for its implementation: the Recovery and Resilience Facility (RRF).46 Article 5, paragraph 2, of the Regulation establishing the RRF47 lays down 42 Recital 25. 43 Point 2.1 describes the accommodation activities (hotels, holiday, camping grounds and similar accommodation) and corresponding Technical screening criteria, while pint 2.2 refers to “Action plan for contributing to nature conservation.” 44 F. de Leonardis, Lo Stato ecologico, cit., p. 262. 45 R. Famà, cit., p. 62. 46 I. Costanzo, cit., par. 2.2. 47 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility. This Regulation has been amended in 2023 to tackle the energy crisis suffered by the EU after the Russian aggression on Ukraine, given the high dependence on imports of Russian gas. The EU adopted a REPowerEU Regulation that amends the Facility to improve EU energy self-sufficiency: Regulation (EU) 2023/435 of the European Parliament and of the Council of 27 February 2023 amending Regulation (EU) 2021/241 as regards REPowerEU chapters in recovery and resilience plans and amending Regulations (EU) No 1303/2013, (EU) 2021/1060 and (EU) 2021/1755, and Directive 2003/87/EC. To maximise complementarity, consistency and coherence of policies and actions taken by the Union and Member States to foster independence, security and sustainability of the Union’s energy supply, those energy-related reforms and investments should be established through a dedicated ‘REPowerEU chapter’ of the recovery and resilience plans. According to Article 21c of Regulation (EU) 2021/241, as amended, recovery and resilience plans submitted to the Commission after 1 March 2023 that 118 FRANCESCO GASPARI
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