Normative references

Following there is a brief list of the main legislative and regulatory measures
related to photovoltaic systems

Legislative Decrees and Ministerial Decrees:

• Legislative Decree n. 387 of 29 dicembre 2003 "Implementation of Directive 2001/77/EC about the energy promotion from renewable energy sources in the internal electricity market";

• Ministerial Decree of 28 July 2005 "Criteria to encourage the production of electricity by photovoltaic conversion of solar energy ";

• Ministerial Decree of 6 february 2006 "Criteria to encourage the production of electricity by photovoltaic conversion of solar energy" with changes and additions to MD of 28 July 2005;

• Legislative Decree n. 26 of 2 february 2007 "Implementation of Directive 2003/96/CE restructuring the Community framework for the taxation of energy products and electricity".

• Ministerial Decree of 19 february 2007 "Criteria and procedures to promote the electricity production by photovoltaic conversion of solar energy, according with article 7 of Legislative Decree of 29 december 2003, n. 387".


AEEG resolution implementing the Ministerial Decrees:

• Resolution n. 188/05 "Defining the supervisor project and the procedures for payment of tariffs incentives for photovoltaic system, according with article 9 of Industry Minister Decree of the Minister of Industries and with the Environment Minister and protection of Natural Resources, July 28, 2005.

• Resolution n. 40/06 ""Modification and integration to the Authority for Electricity and Gas September 14, 2005, n. 188/05 concerning the procedures for payment of incentives tariffs for photovoltaic systems";

• Resolution n. 90/07 – Implementation of the Decree of the Minister of Economic Development, according with the Minister of Environment and Protection of Land and Sea, 19 february 2007, in order to promote the production of electricity by photovoltaic system.

Further resolution and documents of the Authority related to Energy Bill:


• Resolution no. 111/06, "Conditions for the supply of the public service electricity dispatching in the country and for the procurement of related resources based on economic merit, according with Articles 3 and 5 of Legislative Decree 16 march 1999, n. 79";

• Resolution n. 88/07 "Provisions on electricity measurement from generation implants";

• Resolution n. 89/07 "Technical economic conditions for the connection of implant producing electricity to electricity networks with the obligation to connect third nominal voltage less or equal to 1 kV;

• Resolution n. 280/07 "Terms and economic conditions for the withdrawal of electricity pursuant to article 13, paragraphs 3 and 4 of Legislative Decree 29 December 2003, n. 387 and article 1, section 41 of the Law of 23 August 2004, 239;

• Resolution n. 348/07 "Integrated Text of the Authority for Electricity and Gas for the provision of electricity transmission, distribution and measurement services for the regulatory period 2008-2011 and provisions about economic conditions for the provision of connection services ";

• Resolution ARG/elt 33/08 "Technical conditions for connection to the electricity distribution networks with a nominal voltage greater than 1 kV";

• Resolution ARG/elt 74/08 "Integrated Text of terms and conditions of the technical - economic exchange on site (TISP)";

• Resolution ARG/elt 99/08 "Integrated text of technical and economic conditions for connection to electricity grids with the obligation to connect third of the production facilities of electricity";

• Resolution ARG/elt 161/08 "Modification of the Authority for Electricity and gas 13 April 2007, n. 90/07, about incentives for the production of electricity from photovoltaic systems ";

• Resolution ARG/elt 1/09 "Implementation of article 2, paragraph 153, of Law no. 244/07 and Article 20 of the Ministerial Decree of 18 December 2008 about the promotion of electricity produced from renewable sources through the comprehensiv fixed tariff and net metering ";

• Resolution ARG/elt 107/09 "Approval of the Integrated Text of the Authority for Electricity and Gas regarding the regulation of the physical and economic dispatching service (TIS), including procedures for the determination of payables arising from adjustments to the measurement data with changes to the resolution no. 111/06 ";

• Resolution ARG/elt 186/09 "Changes in terms and technical- economic conditions about exchange in place according with law n. 99/09";

• Resolution ARG/elt 4/10 "Procedure to improve the predictability of theelectricity input from implants using renewable energy sources that are not programmable about not relevant production units ";

• Resolution ARG/elt 5/10 "Conditions for the electricity dispatching produced from renewable not planned sources " 

AUTHORIZATION PROCEDURE

About the authorization aspects, in relation to photovoltaic implants, the DM 19/02/07 states that:

- implants with a capacity not exceeding 20 kW and systems partially or fully integrated are not considered 'industrial' and therefore they are not checked by the regional environmental assessment (screening EIA) if they are not located in protected areas;

- if it's necessary to obtain a single authorization measurement however called, the acquisition of this order replaces the single procedure referred to in Article. 12 of Legislative Decree 387/2003;

- for the implants for wich it doesn't require any authorization, simply declaring the start activitiy (DIA);

- for implants to be realized in areas classified as agricultural, it is not necessary to change the use destination of the sites.

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