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 →

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.

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 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 →

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 →