Who is active in renewable energy business knows, that legal-administrative barriers are among the main obstacles in several European countries impeding a quicker PV technology deployment. Although many countries have already implemented favourable PV support policies, when it comes to constructing PV projects, bureaucracy and highly complex procedures and requirements (i.e. notification, registration, licensing, environmental impact assessment, etc.) hamper installation processes significantly. As a result, the development and the sustainable establishment of solar markets in many European countries is unnecessarily delayed.
This Blog always tries to inform about the latest legal frameworks, national and regional laws in Italy. We would like to introduce the PV LEGAL project, an initiative co-funded by the Intelligent Energy Europe Programme of the European Commission. The overall goal of the PV LEGAL Project is to overcome such legal-administrative barriers during planning and installation processes (including grid connection) of photovoltaic (PV) systems. The project consortium aims at improving the framework conditions for PV in Europe and to allow for faster and more efficient market development in the various countries. In this context the project website offers a free and comprehensive online database, gathering detailed quantitative and qualitative data on project development processes and bureaucratic barriers hampering the set-up of photovoltaic (PV) systems, in 12 EU countries, also in Italy.
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| Screenshot PV LEGAL |
In Italy, the need for a simplification and harmonization of the legal-administrative framework in the PV sector is widely recognized as a priority. Actions are being taken at different levels.
- The National Guidelines for the Autorizzazione Unica the centralized procedure for the authorization of PV Systems), foreseen by DLgs. 387/2003 and left aside for many years, have been readmitted to the political agenda. The document has been adopted the 8th of July 2010 by the State – Regions Unified Conference and will enter into force after publication in the OJ. Regions will have to adapt their frameworks to comply with the National guidelines within 90 days. The Autorizzazione Unica is one of the main bottlenecks for the PV sector in Italy and the lack of clear procedures defined at National level allowed for the proliferation of regional norms. The Guidelines are a significant step forward towards the simplification and harmonization of the authorization process in Italy.
- A Regulation (now being examined by the Parliament) will simplify the bureaucracy currently necessary to get the landscape authorization. This will imply important simplifications for the installation of PV systems when landscape restrictions are present and Superintendencies are involved. The regulation might sensibly reduce waiting times from more than 100 to 60 days to get the necessary permissions for a number of interventions judged to be of “minor entity”.
- Modifications to the Legislative Decree 152/2006 (environment) have been adopted on June 24, 2010. The decree modifies, among others, the part II of the DLgs 152/2006 concerning the Environmental Impact Assessment (VIA) with the aim of simplifying the procedures and combining the public interest for the preservation of the environment with that of economic development.
- Plans for the development of the transmission grid extension and capacity are ongoing. The development plan (see TERNA –Piano di Sviluppo 2010) addresses the implementation of the development of the necessary grid infrastructures, gives an overview of the status and time for completion of works. Particular attention is given to the infrastructural development of the southern Regions. TERNA is the Italian company operating the Italian high-voltage transmission grid.
- With regard to the low and medium voltage a convention between Enel and the Ministry of Economic Development was signed in February 2010 in order to adapt the distribution grid to the use of electricity produced by PV systems (up to 1 MWp) and develop smart grid solutions in Campania, Puglia, Calabria and Sicily (structural funds).
- Speculation on the grid connection permits and the “reservation” of the grid capacity has proved to be a problem particularly in some Regions, especially in Puglia. The Italian Authority for Electricity and Gas (AEEG) has acknowledged the issue in its “Relazione dell’Autorità per l’Energia Elettrica e il Gas sullo stato di utilizzo ed integrazione degli impianti alimentati da fonti rinnovabili”, (PAS 3/10 of January 29, 2010). AEEG has subsequently issued a consultation document (Documento di consultazione DCO 15/10) to address the problem of speculation by introducing some specific provisions in the regulation governing the procedures, costs and timing for the connection of RES systems to the grid (Unified Text for Active Connections - TICA).
- Some improvements are being introduced in the direction of a better and easier access to the FiT. The Deliberation of the Authority (AEEG) ARG/elt 173/09 gives the GSE (in charge of managing the electricity services) responsibility to introduce on-line procedures in order to simplify the information and document exchange between producers and GSE for the access to the incentives. A new procedure for the formalization and subscription of the contract of the FiT Conto Energia has been introduced as of January 2010.
- AEEG started support activities to grant funding to pilot projects aimed at developing smart grid solutions (Deliberation Arg/elt 39/10 of 25 march 2010).
- Following the indications of another deliberation of the AEEG (ARG-elt 93/09), the GSE has defined aprocedure to improve the predictability of the production from variable and intermittent renewable sources.
Status as of April 2010
The National Guidelines for the Autorizzazione Unica (the one stop shop procedure for the authorization of PV Systems), foreseen by law and left aside for many years, have been readmitted to the political agenda after the issue was raised by Assosolare in the framework of the PV LEGAL project. A draft is now waiting to be discussed by the State – Regions Unified Conference and should be approved in 2010. The Autorizzazione Unica is one of the main bottlenecks for the PV sector in Italy.
A new regulation (now being examined by the Parliament) will simplify the bureaucratic procedure currently necessary to obtain the landscape authorization for PV systems having a “minor impact” on the buildings. The regulation might reduce waiting times from more than 100 days to 60 days in those cases where landscape restrictions are present and Sopraintendenze (Ministerial offices at local level in charge of controlling that the heritage, landscape and architectural qualities of the territory are preserved correctly and responsible for the issuing of permissions) are involved. Also the administrative burden for the offices involved will be significantly reduced.
Some improvements are also being introduced in the direction of a better and easier access to the feed in tariffs. The energy regulatory authority AEEG has given the Gestore dei Servizi Energetici (GSE, institution in charge of managing the energetic services and the feed-in tariffs) responsibility to introduce on-line procedures in order to simplify the information and document exchange between producers and GSE for the access to the incentives. A new procedure has been introduced as of January 2010.
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http://www.pvlegal.eu/results/progresses/italy.html
http://www.pvlegal.eu/results/progresses/italy.html
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