SlideshowAttivita

Energy

FOCUS: PHOTOVOLTAIC AND WIND POWER PLANTS – “RES 1” DECREE APPROVED

This article is an update of the newsletter published on 18 June 2019 on the previous Draft of the RES1 Decree, and takes into account the changes made to the Draft Decree between the version approved in the European Commission and the signed version. *** The RES1 Decree is aimed at promoting the deployment of clean energy power plants in Italy from 2019 through to 2021. The RES1 Decree is part of the European Clean Energy Package 2020-2030. A. REGULATORY CONTEXT On January 23rd, 2019, the Ministry of Economic Development, in consultation with the Ministry of Environment, notified the… Continue reading

INCENTIVES MECHANISM FOR RENEWABLE ENERGY POWER PLANTS: “RES 1” DRAFT DECREE GOING FOR APPROVAL

The RES1 Decree is aimed at promoting the deployment of clean energy power plants in Italy from 2019 through to 2021. The RES1 Decree is part of the European Clean Energy Package 2020-2030. Regulatory context On 23 January 2019, the Ministry of Economic Development, in consultation with the Ministry of Environment, notified the draft of the Inter-Ministerial Decree on the incentive regime for renewable energy power plants (“RES 1”) to the European Commission. The previous Decree (Ministerial Decree of 23 June 2016) had provided financial incentives for large energy plants (except for Photovoltaic systems) only until 2015 (annual capacity quotas… Continue reading

Maintenance and technological modernization of photovoltaic plants in operation: procedures under D.M. June 23, 2016 (Short version)

On February 21, 2017, the Italian Energy Services Operator – GSE S.p.A., published on its website the Procedures for the management of maintenance and technological modernization of photovoltaic plants in operation to which feed in tariffs have been granted (the “Procedures”). General principles. The Procedures provide different rules for maintenance and technological modernization so-called “Material” and maintenance and technological modernization so-called “Not material”. In case of “Material” interventions, or interventions which involve changes to the relevant characteristic data or the plant configuration, the Responsible Persons (Soggetti Responsabili) are required to submit to GSE appropriate communication of the… Continue reading

Constitutional Court declares groundless the question of constitutional legitimacy of the Spalmaincentivi

With a press release issued on December 7, 2016 (downloadable here cc_cs_20161207144241), the Constitutional Court declared groundless the question of constitutional legitimacy of art. 26, paragraphs 2 and 3 of the Decree 24 June 2014, n. 91 (ratified with amendments by Law 11 August 2014, n. 116), so-called “Spalmaincentivi”, with reference to renewable energy produced by PV systems. Further details will follow once the sentence will be made public. For more information, please contact the author.

Maintenance and modernization of photovoltaic plants subsidized in Energy Bill: the GSE publishes the first guidelines

Looking forward to the upcoming publication of the procedures provided by art. 30 of DM 23 June 2016, on 9 August 2016, GSE has published on its website a note providing the reference framework for the management of maintenance and technological modernization of photovoltaic plants in Energy Bill. Below is a brief review of main principles that, as of today, are the reference in the assessment of the communications submitted to GSE even before 30 June 2016. Eligibility limits in case of work in incentive in Energy Bill. In general, it is allowed to perform maintenance and modernization of photovoltaic… Continue reading

On shore wind farm – Eventually published the Decree providing for incentives in favor of renewables other than photovoltaic

On 29th June 2016, the Decree 23rd June 2016 providing for incentives in favor of renewables other than photovoltaic was eventually published in the Official Gazette of the Italian Republic (GU Serie Generale n.150 del 29-6-2016). The Decree is in force starting from the 30th of June 2016. It is possible to download the text of the Decree at the following URL. Below you could find a brief summary on the Decree, with focus on wind farms with a nominal capacity greater than 5 MW. *** Access to incentives. Pursuant to the Decree, access to incentives varies… Continue reading

Renewables: news on the denial of landscape construction permit

In a recent judgment, the Italian Council of State (i.e. Consiglio di Stato) has specified that refusal of landscape construction permit (even partial) must be based on reasonable and rigorous grounds, especially when it is issued in relation to construction of plants producing energy from renewable sources. That means that it is not sufficient to ground a refusal of landscape construction permit on a generic decrease of the aesthetic dimension of landscape (Council of State, Sec. VI, 23 March 2016, n. 1201). The Council of State has affirmed this principle of law on the assumption that, pursuant to Legislative Decree… Continue reading

The LAZIO TAR admits the injunction order as relief for the recovery of feed-in-tariffs

For the first time the Administrative Tribunal has accepted the use of the injunction relief for recovery of feed-in-tariffs paid on the basis of the production of energy from renewable sources. At the present date, there are two cases where such instrument has been adopted in two disputes in which GSE S.p.A. was party. In a first case, concerning the breach by the GSE of the payment of Feed-in-tariffs due to a photovoltaic operator, the TAR Lazio, with the sentence no. 149/2016 of 5 February 2016, admitted the request for payment of the company and consequently ordered GSE payment of… Continue reading

Renewable sources: TSAP declares the nullity of the clauses that recognize royalties to the municipalities

The Italian Superior Court of public waters – known as “Tribunale Superiore delle acque pubbliche (TSAP)” – finally declared the nullity of the clauses and of all the conventions that grant royalties in favor of municipalities, because they are detrimental to the freedom of enterprise, without contractual cause and, moreover, in contrast with the European Union legislation. That common and unjustified practice consisted, in fact, in the negotiation of agreements with the municipalities, which had as its main purpose the diversion in their favor of a part of incentives that the Italian Government recognized for the production of clean energy,… Continue reading

New criteria have been issued to calculate the cadastral rent: the photovoltaic panels which are not integrated on the roofs and/or walls of buildings are excluded

The Law of 28 December 2015, n. 208, better known as “Legge di Stabilità”, has newly determined the criteria to be used in order to calculate the cadastral rent of the real estate property with a special usage, i.e. registered in the so-called groups D and group E categories. Recently The Revenue Agency (“Agenzia delle Entrate”) – Land Registry, Cartography and real estate advertising Management, with the Circular Letter n. 2/E,  published on 1 February 2016, has definitively clarified the extent of the new regulation contained in the “Legge di Stabilità”, providing also relevant indications concerning the cadastral estimation… Continue reading