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Energy Update September 2021

30 September 2021

Our energy experts in Italy provide an analysis of key sector updates. 


New Lazio Regional Law no. 14/2021 – on August 11, 2021, Lazio Region published on the Official Regional Bulletin no. 79 the Regional Law no. 14/2021. The new legislation, amending the Regional Law no. 16/2011, provides at Article 75 the interruption of the authorization issuance process concerning wind farms and photovoltaics plants for eight months starting from the date of publication of the Law on the Official Regional Bulletin. Read more >

New Basilicata Regional Law no. 30/2021 – on July 26, 2021, Basilicata Region published on the Official Regional Bulletin no. 64 the Regional Law no. 30/2021. The new legislation, modifying the Regional Law no. 1/2010, introduces the power capacity limit of 3 MW for PV plants located in areas different from those already degraded by prior or ongoing human activities. The power capacity can be increased by 20% in case the projects include interventions in support of local development, in proportion to the size of the project and able to contribute to the objectives of the Territorial

Landscape and Environmental Plan (PIEAR). Read more >

New guidelines concerning the verification of the environmental conditions issued by Friuli Venezia Giulia Region – On September 3, 2021, in light of the amendments to Legislative Decree no. 152/2006 introduced by Law Decree no. 76/2020 and Law Decree no. 77/2021, Friuli Venezia Giulia Region updated the guidelines regarding the monitoring of the environmental conditions related to screening and EIA measures. – Dgr no. 1361/2021 Read more >

New regulation concerning the construction of photovoltaic plants issued by Emilia-Romagna Region – On September 20, 2021 Emilia-Romagna Region published the implementation guidelines of the regional council resolution deliberation (deliberazione dell'assemblea legislativa) no. 28/2010 to foster the construction of photovoltaic plants in dismissed quarry areas, providing also technical requirements and feasibility conditions for floating and agro-voltaics plants. – Dgr no. 1458/2021 Read more >

New Apulia Regional Law no. 33/2021 – On September 21, 2021, Apulia Region published on the Official Regional Bulletin no. 121 the Regional Law no. 33/2021. The new legislation, amending Regional Law no. 17/2007, attributes to the provinces the competence to the issuance of PAUR, "Provvedimento Autorizzatorio Unico Regionale". Read more >

Proposal for the revision of Directive (EU) 2018/2001 – On July 14, 2021, the European Commission proposed a revision of Directive (EU) 2018/2001, also known as RED II, to introduce new measures in order to ensure that all potentials for the development of renewable energy are exploited. Read more >

Case law

Declaration of relevant archeologic interest adverse regional authorization for photovoltaic plant – The Ministry of Cultural Heritage and Activities and Tourism (MIBACT) have inhibited the starting work for a photovoltaic plant duly authorized by the steering committee, invoking Article 150 of Legislative Decree no. 42/2004 and considering the involved area as a place of archaeological interest. The Council of State rejected the appeal promoted by the Ministry due to lack of appropriate motivation of the challenged act and preliminary investigation (debolezza della fase istuttoria), also considering the tacit consent of the Superintendence, that has not attended the steering committee – Council of State, VI, no. 6336 and no. 6337 dated September 17, 2021.

The Cultural Heritage Office tacit consent in the steering committee – The Council of State claims that in the event of the Cultural Heritage Office does not attend the steering committee, although it has been correctly invited, its absence corresponds to tacit consent. The final deed adopted by the aforesaid steering committee is a summary of the expressed position by each administrative authority on the base of the "prevailing position principle". – Council of State, VI, no. 6340 dated September 17, 2021.

Competence conflict between Province and Region concerning the issuance of the PAUR – Notwithstanding the statements of the Administrative Regional Court of Lecce with sentence no. 1264/2020, the Council of State states that Apulia Region is the competent authority to issue the PAUR, instead of the provinces. – Council of State, IV, no. 6195 dated September 2, 2021.

Clarifications by the Council of State regarding the authorization procedure of wind farms – With regard to EIA screening resolution, the Court concluded that (i) it is not subject to any final term of effectiveness, (ii) it cannot be declared expired due to the time passed or subject to refusals of extension and (iii) it must not be renewed due to non-substantial changes made during the procedure. – Council of State, IV, no. 5843 dated August 11, 2021.

The Court claimed that negative landscape assessments are illegitimate if issued in application of a regional territorial planning no longer in force and outdated. Council of State, IV, no. 5844 dated August 11, 12021.

Other news

PNIEC – PNRR technical commission – On September 15, 2021, the Ministery of Ecological Transition published a new call for application as member of the PNIEC – PNRR technical commission. The Ministry of Ecological Transition also published two decrees regulating the composition and the organization of such commission (Ministerial Decree September 2, 2021) and the remuneration of its members (Ministerial Decree September 3, 2021). Read more >

Energy Communities – The European Commission published a call to foster the spread of energy communities and the related collaboration with local authorities, co-financing the costs incurred for the implementation of such projects. The deadline for the application is due for January 12, 2022. Read more >

GSE incentives for biogas – On September 24, 2021, pursuant to the extension provided by Law Decree no. 183/2020 concerning the incentives introduced by Law no. 145/2018 for small biogas plants, GSE has opened the third call for registration in the Register for biogas plants having power capacity not exceeding 300 kW. The applications shall be filed within November 23, 2021. Read more >

Status of the approval procedure of the draft decree implementing the European directive on the use of energy from renewable sources – The draft of the decree implementing the directive (EU) 2018/2001 is currently under discussion with multiple rounds of hearings with commissions and associations. Overall, the positions of energy and environmental associations are divided and the most critical point concerns the individuation of areas for the installation of photovoltaic plants. It is acknowledged that the deadline for the expression of the position of the Environment and Productive Activities Committees of the Chamber of Deputies has been postponed. Read more >

The Italian government challenges the law of Basilicata Region 30/2021 – On September 23, 2021, the Council of Ministers decided to challenge the new Basilicata Regional Law no. 30/2021 (see par. Legislation), as certain provisions of such law conflict with the national and European legislative framework on renewable energy sources, specifically violating the principle regarding the attribution of competences between State and Regions, stated in the Italian Constitution. Read more >

Friuli Venezia Giulia Region sets up a technical group to identify suitable areas for renewable sources plants – The Friuli Venezia Giulia Region will form a technical group to start the in-depth studies necessary to detect the areas where it will be possible and where it will not be allowed to locate power generation plants from renewable sources. Read more >


If you have any queries about any of the areas covered in this update please contact a member of our team.


Further Reading