ITALY Law and Practice Contributed by: Francesco Fonderico, Elettra Monaci, Eugenio Fidelbo and Marco Pellizzola, Ambientalex Studio Legale
national legal order the Renewable Energy Directive (EU) 2018/2001 (RED II). In 2024, Renewable Energy Decree II provisions on permitting were extensively amended by Legislative Decree No 190/2024, which now encompasses the renewable energy plants per - mitting legal framework. Renewable Energy Regulation Regulation for the renewable energy sector is struc - tured into two types of instruments. Permitting procedures mainly encompassed by Legislative Decree No 190/2024 The related competence is assigned to regional author - ities. Such procedures were already regulated within Legislative Decree No 387/2003 and Renewable Energy Decree I, both amended by Renewable Energy Decree II. The administrative procedures for granting renew - able energy plant permits aim at ensuring proportional - ity, transparency and simplification. Pursuant to Article 11-quaterof the Legislative Decree No. 190/2024, pro - cedures for the installation of plants in suitable areas are provided with further simplification tools. Moreover, specific provisions are devoted to the procedure for the installation of biofuel production plants. Furthermore, Legislative Decree No 190/2024 has rationalised the permitting legal framework. It lays down three legal schemes, each of them applied to different kind of interventions: open activities scheme, without prior notification nor written authorisation; simplified authorisation scheme, where the applicant may initiate the activity 30 days after having submitted a commu - nication to the competent authority; single authorisa - tion scheme, for interventions that need a prior writ - ten authorisation issued by the competent authority. Under the simplified authorisation scheme, competent authority is the municipality; under the single authorisa - tion scheme competent authority may be the regional authority or MASE, depending on the intervention. A regulatory framework is provided for the financial incentivisation of the production of renewable energy In this context, Ministerial Decree of 30 December 2024 (so-called “FER X”) has introduced a new sup - port scheme for renewable energy technologies based on competitive auction procedures, with differentiated incentive levels depending on the technology and pro -
ject characteristics. Alongside this new mechanism, the existing incentive framework has been rationalised by Renewable Energy Decree II. The most important incentive instruments are the following. • “Green certificates” – companies producing or importing electricity from non-renewable sources must feed into the grid an amount of energy produced by plants fuelled by renewable sources. Green certificates were introduced by Legisla - tive Decree No 79/1999 Article 11, but are now replaced by a new form of incentive provided for by Ministerial Decree of 6 July 2012. • “All-inclusive tariff” (introduced by Law No 244/2007 and amended by Law No 99/2009) – unlike certificates allocated on the basis of energy produced, the tariff is recognised only for the amount of energy actually fed into the grid, exclud - ing the portion possibly intended for self-consump - tion. • “Energy account” – specifically dedicated to photovoltaic energy and introduced by Legislative Decree No 387/2003, it is based on the granting of an incentive for the amount of energy produced (therefore also self-consumption, like the green certificates, but unlike the all-inclusive tariff). 6.2 Other Support The Italian jurisdiction provides other regulatory instruments and support for the uptake of other forms of climate-friendly investment. In particular, national policy makers are paying attention to mobility issues and photovoltaic energy. At a policy level, the Italian mobility strategy hinges, in line with the European Green Deal, on the develop - ment and enhancement of sustainable forms of trans - port, both private and public, as well as of sustainable freight logistics, in order to reduce pollutant and CO₂ emissions. Recently, the so-called PNRR Decree 3 (Decree-Law No 13/2023) establishes an easier permitting regime for photovoltaics, identifies areas suitable for the installation of plants powered by renewable energy sources more widely and establishes a new perim - eter for free building interventions and interventions without Environmental Impact Assessment (EIA) until 2024.
48 CHAMBERS.COM
Powered by FlippingBook