The Council of Ministers, during the meeting on 25 November 2024, approved the Unified Renewable Energy Code, a legislative measure aimed at revolutionizing the regulatory framework for renewable energy in Italy. This decree aims to simplify administrative procedures and promote the broader and more effective adoption of sustainable energy sources, aligning with European goals for energy transition and decarbonization.
Objectives and Guidelines
The Unified Code addresses the regulatory fragmentation that has often hindered the development of renewable energy in Italy. Its main goals include:
- Reducing bureaucratic complexity;
- Ensuring greater operational certainty for investors and industry stakeholders;
- Supporting clearer and harmonized territorial planning;
- Promoting efficient land use through innovative tools such as "acceleration zones."
Key Innovations of the Measure
1. Three Differentiated Administrative Regimes
To streamline authorization processes, the decree establishes three administrative regimes:
- Free Activity: Applies to minor interventions that do not interfere with protected properties or public works. Compliance with basic technical and environmental conditions is sufficient. For interventions on non-urbanized land, a financial guarantee for site restoration is required.
- Simplified Enabling Procedure (PAS): Designed for medium-complexity projects, this procedure involves submitting simplified technical documentation. It applies to interventions that do not require environmental assessments but still need specific monitoring. The proposer may request the publication of the PAS in the relevant Region's Official Bulletin.
- Unified Authorization: Required for complex and large-scale interventions. The regional authority is responsible for plants up to 300 MW, while the national Ministry of Environment oversees those exceeding this threshold. Regions may discretionarily activate the PAUR procedure under Article 27 bis of Legislative Decree No. 152/2006 for regional EIA (Environmental Impact Assessments), ensuring the final Unified Authorization also includes the EIA ruling. The Unified Authorization process now also encompasses any EIA Screening ruling, regardless of whether the PAUR process is initiated.
Publication of the Unified Authorization ruling on the relevant authority's website is mandatory.
New thresholds for EIA Screening procedures are introduced:
- The new thresholds of (>) 30 MW, above which national EIA (Environmental Impact Assessment) Screening applies, and (≥) 15 MW, above which regional EIA Screening applies, for ground-mounted plants located in areas designated for industrial, artisanal, and commercial use, as well as in landfills or closed and restored landfill lots or in quarries or quarry lots or portions of quarries that cannot be further exploited;
- The new threshold of (>) 25 MW, above which national EIA Screening applies for ground-mounted plants in suitable areas (the threshold remains at 10 MW for ground-mounted plants in areas not included among the suitable ones);
- The new threshold of (≥) 12 MW, above which regional EIA Screening applies for photovoltaic and agro-voltaic plants in agricultural areas that are compatible and allow integration with agricultural activity (to understand the meaning of such compatibility and integration);
- The new threshold of (≥) 15 MW, above which regional EIA Screening applies for rooftop plants.
2. Acceleration Zones
The decree introduces "acceleration zones," geographical areas designated to expedite the plant of renewable energy systems. These zones will be mapped by the Energy Services Manager (GSE) by May 2025, with final regional plans expected by February 2026. Priority areas include:
- Artificial and built surfaces;
- Industrial areas and waste disposal sites;
- Artificial water basins and non-productive agricultural land.
This approach aims to avoid conflicts with other economic activities or landscape protection while promoting rational land use.
3. Land Availability
For free construction activities, the proposing entity must acquire the availability of the area before starting interventions, regardless of their type. Land availability for connection works is not required.
For PAS-regulated interventions, the proposing entity must also secure land availability at the time of the authorization request. Expropriation procedures are now allowed for network works.
Unified Authorization interventions can include expropriation for plant areas, except for new photovoltaic, solar thermal, biogas, and biomethane plants.
4. Start and Completion Deadlines
Free construction activities do not have specific start/completion deadlines.
PAS-regulated interventions must start within one year of PAS approval and conclude within three years of commencement.
Unified Authorization interventions have deadlines set by the authorization ruling, with a total minimum duration of four years. Authorization rulings must also specify the operational start date of the plant. Extensions are granted only for force majeure events, a narrower criterion compared to the current rules allowing extensions for events beyond the proponent's control.
5. Codification of the Ban on Artificial Fragmentation
Regions are tasked with defining rules to combat artificial fragmentation of authorization requests, where formally different entities attempt to access less burdensome authorization procedures but share a common "center of interest."
6. Strengthening the Sanctioning Framework
To ensure compliance, the decree introduces severe penalties for authorization-related violations, reaching up to Euro 150,000. Site restoration is always mandated.
Next Steps
According to the approved text, the decree will take effect on 30 December 2024. Its success will largely depend on the ability of regional and local authorities to swiftly adapt to the new provisions. Strong coordination between central and peripheral levels will be crucial to translating promised simplifications into tangible benefits for citizens and businesses.
Regions have 180 days to align with the provisions and principles of the decree. Until then, the previous regulations will continue to apply.
Originally published 05.12.2024
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
