Maybe it was the ease of developing renewable energy projects due to administrative and bureaucratic simplifications in Apulia under the provisions of Apulia Regional Law 31/2008 introduced by green energy friendly Nichi Vendola, president of Apulia region, that has been a big thorn in the sides of many other regions.
However on 29 December 2008, the Italian Government filed a lawsuit at the Constitutional Court for the declaration of unconstitutionality of Apulia Regional Law 31/2008. A first public hearing on this matter took place on 26 January 2010 and resulted now in a final verdict published on 31 March 2010. The Constitutional Court specified the illegitimacy of two paragraphs of Art. 3 (Paragraphs §1 and §2) of Apulia Regional Law 31/2008, pursuant to which renewable energy plants with an output of up to 1MW could so far be authorised through a simplified “start-of works” declaration (DIA – Dichiarazione inizio attività).
However on 29 December 2008, the Italian Government filed a lawsuit at the Constitutional Court for the declaration of unconstitutionality of Apulia Regional Law 31/2008. A first public hearing on this matter took place on 26 January 2010 and resulted now in a final verdict published on 31 March 2010. The Constitutional Court specified the illegitimacy of two paragraphs of Art. 3 (Paragraphs §1 and §2) of Apulia Regional Law 31/2008, pursuant to which renewable energy plants with an output of up to 1MW could so far be authorised through a simplified “start-of works” declaration (DIA – Dichiarazione inizio attività).
Hence the court decision now implies with immediate effect, that ground-mounted PV projects above 20kW located in the Puglia region can no longer be authorized by a simple DIA procedure, but require an Autorizzazione Unica (AU – conferenza unificata), like originally foreseen in national decreto legislativo n. 387 (Attuazione della direttiva 2001/77/CE relativa alla promozione dell’energia elettrica prodotta da fonti energetiche rinnovabili nel mercato interno dell’elettricità) issued on 29 December 2003. More importantly on the other hand the court decision can not retroactively affect PV projects which had been fully permitted through the DIA procedure before the verdict. Already permitted projects should therefore remain valid and unaffected. Only in case these authorizations would be legally challenged within the legal period for objection, then the Constitutional Court’s decision could have sort of a retroactive effect.
In any case, Apulia government will now have to react properly and will have to introduce a new regional law in order to strike a fair balance between the interests of all parties involved. The legitimate reliance of the developer on the validity of the regional laws as they were in force during the authorisation process will have an important impact, as well as the investments already made in the project. However the current ruling only applies to the authorizations approved under the regional law n. 31/2008 and hence has no direct impact on the previous Regional Law n. 1/2008 whose article 27 already allowed for the authorization of 1MW PV projects by means of a simple DIA.
In any case, Apulia government will now have to react properly and will have to introduce a new regional law in order to strike a fair balance between the interests of all parties involved. The legitimate reliance of the developer on the validity of the regional laws as they were in force during the authorisation process will have an important impact, as well as the investments already made in the project. However the current ruling only applies to the authorizations approved under the regional law n. 31/2008 and hence has no direct impact on the previous Regional Law n. 1/2008 whose article 27 already allowed for the authorization of 1MW PV projects by means of a simple DIA.
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1 Kommentar:
Vielen Dank für einen interessanten Neuigkeiten, frage ich mich, was die Auswirkungen sein.
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