Stefano Lucarini and Teresa Di Mario of Tonucci & Partners point out potential critical issues regarding some of the provisions introduced by Legislative Decree Nr. 63 dated May 15th 2024, so-called DL Agriculture – which might be inconsistent to both constitutional and European principles regarding energy transition.
In particular, as Milano Finanza reports, “Article 5 of the provision imposes new restrictions on photovoltaic systems installation, preventing the use of agricultural land, disused or abandoned land included. This will lead to a reduction in renewable energy generation capacity, compromising the achievement of national and European targets”, explain the Firm’s Energy Department professionals.
Furthermore, the experts underline how similar critical profiles might also be recognized in relation to the recent Decree of the Ministry of the Environment and Energy Security which introduces the “Regulation regarding the identification of surfaces and areas suitable for the installation of energy source systems renewables” highlighting that “the new measure has generated uncertainties, delegating the decision related to suitable areas to the Regions and creating, thus, confusion by discouraging investments” These points of the decree are summarized as critical even in this aspect by the article.
