ITALY Law and Practice Contributed by: Francesco Fonderico, Elettra Monaci, Eugenio Fidelbo and Marco Pellizzola, Ambientalex Studio Legale
Carbon pricing is therefore primarily achieved through the EU ETS, as Italy does not operate a standalone national carbon tax. The EU Carbon Border Adjust - ment Mechanism (CBAM) also applies indirectly to Italian operators as part of the EU framework. Adaptation Italy’s adaptation framework is based on the National Strategy on Adaptation to Climate Change (2015) and the National Adaptation Plan (2023), which operation - alises and updates the Strategy into sector-specific measures. Adaptation policies are mainstreamed across key sec - tors. In agriculture, measures aim to increase resil - ience to climate impacts through improved resource management and support for climate-resilient farm - ing systems, also in the context of the Common Agri - cultural Policy Strategic Plan under Regulation (EU) 2021/2115. In water management, the National Adaptation Plan identifies a set of priority measures focused on effi - ciency, risk prevention and non-structural (“soft”) adaptation interventions. Biodiversity protection is addressed through Italy’s Biodiversity Strategy aligned with EU objectives for 2030, aimed at restor - ing ecosystems and enhancing ecological resilience. Flood risk and ecosystem protection are not regulated through a standalone adaptation framework but are addressed indirectly through water management plan - ning, civil protection systems and broader environ - mental planning instruments. Climate Considerations in Permitting Climate change considerations are integrated into environmental assessment and permitting proce - dures. Under Directive 2014/52/EU, as transposed into Part II of the ECA, Environmental Impact Assessments (EIAs) must consider both: • the impact of projects on climate (including green - house gas emissions); and • the vulnerability of projects to climate change.
Strategic Environmental Assessments (SEA) do not explicitly regulate climate change, but climatic factors are considered in practice through general environ - mental assessment requirements and national techni - cal guidance. In addition, the “Do No Significant Harm” (DNSH) prin - ciple under Regulation (EU) 2020/852 (EU Taxonomy) applies to relevant projects, including those financed under the NRRP, ensuring consistency with EU climate mitigation and adaptation objectives in permitting and authorisation procedures. Political Developments and Potential Backlash Italy generally remains aligned with EU climate policy objectives. However, recent legislative developments suggest increasing attention to the economic impact of decarbonisation measures on domestic industries. In particular, Decree-Law No 21/2026, converted into Law No 49/2026, introduced a compensation mech - anism related to the EU ETS. The measure may be subject to review by the European Commission under Article 108 TFEU as potential State aid, and appears aimed at mitigating the economic effects of carbon pricing on affected operators. 2.4 Key Policy/Regulatory Authorities The following are the key policy, administrative, gov - ernance and regulatory authorities in Italy. Ministry of Environment and Energy Security (MASE) The government body in charge of environmental policies is the Ministry of Environment and Energy Security ( Ministero dell ’ Ambiente e della Sicurezza Energetica – MASE). It is also responsible for issuing policy on climate change. The MASE is formed of different Directions, such as the General Direction on European and International Activity ( Direzione Generale attività europea e inter- nazionale – DG AEI). The third division of the AEI is dedicated to “international strategies for sustain - able development and the climate” and participates in all activities proposed by international authorities for combating climate change. It also supports the actions of the Special Envoy for Climate Change.
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