Corrective legislative decree to the consolidated law on energy

Introduction

Legislative Decree No. 178 of 26 November 2025 contains “Supplementary and corrective provisions to Legislative Decree No. 190 of 25 November 2024, regulating administrative regimes for the production of energy from renewable sources, in implementation of Article 26, paragraphs 4 and 5, letters b) and d), of Law No. 118 of 5 August 2022” (the Correction to the TU FER).

It was published in the Official Gazette on 26 November 2025, No. 275, and came into force on 11 December 2025

The Amendment to the TU FER is clearly aimed at strengthening legal certainty and rationalising the procedural framework. The legislator has attempted to make specific changes to the terms of the authorisation procedures, and to realign certain provisions which, in the original version of the TU FER, had caused uncertainty in how to apply them and inconsistent interpretations by the competent authorities.

For example, the maximum power has been increased from 10 MW to 12 MW for the application of the PAS to photovoltaic plants located in suitable areas or acceleration zones. 12 MW is the threshold below which the project is exempt from environmental assessments and above which the project must undergo an EIA screening.

The Amendment to the TU FER addresses several aspects: definitions, authorisation regimes, suitable areas, simplifications, digitisation and disputes. It introduces an alternative mechanism for the out-of-court settlement of disputes relating to authorisation procedures and the halving of all procedural deadlines, except those for the notification of appeals, appeals on additional grounds, incidental appeals and precautionary appeals, and those expressly provided for in Article 119 of the Administrative Procedure Code.

Alongside these rationalisation measures, the decree also introduces some particularly significant tightening measures, which deserve careful critical evaluation. Some new provisions – especially those affecting verification powers, the conditions for the legitimacy of permits or post-issuance control mechanisms – risk having a destabilising effect on permits already issued or on proceedings at an advanced stage, exposing operators to margins of uncertainty that are difficult to reconcile with the principle of protection of legitimate expectations.

The risk is that, in an attempt to strengthen the effectiveness of the system, elements of rigidity or substantial retroactivity may be introduced that could compromise investments already planned or in progress, with possible repercussions in terms of litigation. This is an issue that will need to be carefully monitored, both in the initial administrative application phase and in subsequent case law, to prevent the aims of simplification and certainty from paradoxically translating into new sources of regulatory instability.

The provisions of the Amendment to the TU FER are in addition to those introduced by Decree-Law No. 175 of 21 November 2025 (known as the Energy Decree-Law). Read our alert for more on the Energy Decree-Law.

This alert sets out the changes introduced by the Amendment to the TU FER.

 

What’s new in the TU FER?

Application of the TU FER extended to storage facilities and electrolysers

Article 1 of the Amendment to the TU FER clarifies that the scope of application of the TU FER also extends to storage facilities and electrolysers, extending the simplifications to these infrastructures. Consequently, the TU FER would also regulate these facilities.

New definitions of ‘hybrid plant,’ ‘building works,’ ‘related works,’ ‘essential infrastructure’ and ‘power review’

Article 3 of the Amendment to the TU FER adds some definitions, specifically:

• “hybrid plant”: a plant that combines different sources of renewable energy or a plant that produces energy from one or more renewable sources combined with a storage plant or an electrolyser;
• “building works”: works and projects subject to the provisions of Articles 6, 6-bis, 10, 22 or 23 of Presidential Decree No. 380/2001;
• “related works”: works connecting the plant to the electricity distribution network or to the national transmission network necessary for feeding the energy produced or stored into the aforementioned networks, and works connecting biomethane or hydrogen production plants to the natural gas or hydrogen distribution network, with the exception of building works;
• “essential infrastructure”: works or installations, including temporary ones, necessary for the construction or operation of renewable energy production plants, including storage facilities serving them, with the exception of building works;
• “power review”: the repowering or refurbishment, including partial refurbishment, of renewable energy production plants, including storage facilities.

Elimination of the safeguard to urban planning regulations and technical regulations of Presidential Decree 380/2001 for related and infrastructure works

Article 1 of the Amendment to the TU FER removed the second and third sentences of Article 1 of the TU FER, eliminating the safeguard to urban planning regulations and technical standards of Presidential Decree 380/2001 for related and infrastructural works. This means that these regulations must be integrated into administrative regimes.

Intangibility of identified suitable areas and acceleration zones

Article 2 of the amendment to the TU FER amends Article 3 of Legislative Decree 190/2024, so no further regulatory provisions will apply to suitable areas or acceleration zones identified pursuant to Article 12 of the TU FER.

Digitisation of administrative procedures and single forms

Pursuant to Article 5 of the TU FER, as amended by Article 4 of the Amendment to the TU FER, the single digital platform for FER plants (SUER Platform) provides proponents and the relevant administrations with guidance and assistance for each stage of the authorisation procedures referred to in Articles 7, 8 and 9 of the TU FER. The platform is interoperable with the IT tools relating to the construction of renewable energy plants operating at national, provincial or municipal level.

The simplified single forms referred to in Article 7 of the TU FER are made available by the proponent to the SUER Platform, electronically, within five days of the plant becoming operational. This provision raises a question of interpretation as to when the form must be submitted. According to the previous provisions, it was clear that the single form had to be submitted before work began on the construction of the plant. With this new provision, it appears that the single form for interventions subject to the free activity regime referred to in Article 7 of the TU FER must be submitted within five days of the plant becoming operational.

The new paragraph 3 of Article 5 of the TU FER has also introduced single forms for the authorisation regimes of the simplified authorisation procedure and the single authorisation referred to in Articles 7 and 8 of the TU FER. By one or more decrees of the Ministry of the Environment and Energy Security, subject to agreement at the Unified Conference referred to in Article 8 of Legislative Decree 281/1997, standard forms are adopted for submitting:

• interventions subject to the simplified authorisation procedure referred to in Article 8 of the TU FER (the PAS);
• applications for single authorisation pursuant to Article 9 of the TU FER.

The standard forms for the PAS and for the single authorisation application must be submitted via the SUER Platform.

Pending the operationalisation of the SUER Platform, the submission of projects, applications and documentation relating to the interventions referred to in Annexes B and C (ie projects subject to the PAS and single authorisation) have to be carried out digitally using the forms used by the competent administration.

The competent administration is the Ministry of the Environment and Energy Security, rather than the Ministry of Public Administration as initially envisaged.

This should make authorisations faster, more transparent and more uniform throughout the country.

Accumulation of power for identifying the administrative regime

Article 5 of the Amendment to the TU FER corrected a typographical error and amended paragraph 3 of Article 6 of the TU FER. It provides that, for qualifying the intervention and the applicable administrative regime, a project is considered unique if it involves several interventions relating to the same source located in neighbouring areas and attributable to the same centre of interest. To this end, the power of the project is equal to the sum of the power referred to the individual interventions.

Rainwater

For the implementation of the interventions referred to in Annexes A, B and C, the proponent is required to set up appropriate collection systems for rainwater intercepted by new temporary and permanent waterproofed surfaces, including those relating to technical rooms, yards or access roads. The design of these systems must take into account heavy rainfall resulting from climate change.

 

Changes to the administrative regime for free activity

Compliance with technical standards: it has been clarified that interventions under the free activity regime must be carried out in compliance with technical standards for construction. An explicit reference to technical compliance has been included.

Urban planning compliance ex lege of suitable areas and acceleration zones: a new fourth sentence has been introduced in paragraph 1 of Article 7 of the TU FER, according to which interventions subject to free construction activity that fall within suitable areas or acceleration zones pursuant to Article 12 of the TU FER are not in conflict with the urban planning instruments adopted, as well as being compatible with the approved urban planning instruments and building regulations in force.

This provision has essentially introduced ex lege compatibility with urban planning instruments and building regulations in force for projects to be carried out in suitable areas or acceleration zones.

Requirement for prior authorisation for the implementation of building works: it has been established that, where necessary, prior to the start of works, notification must be given or the necessary authorisation must be obtained for the implementation of building works.

Exclusion of free activity in the case of restricted areas and applicability of the PAS: In paragraph 2 of Article 7 of the TU FER, the second sentence has been replaced with a provision stating that, if the works referred to in Annex A (ie works subject to the free activity regime) are carried out on:

• property, areas or sites falling within the scope of protection under Parts II and III of the Code of Cultural Heritage and Landscape; or
• in protected natural areas as defined by Law No. 394 of 6 December 1991, no. 394, or by regional laws, or within sites of the Natura 2000 network, referred to in Council Directive 92/43/EEC of 21 May 1992 or which may have a significant impact on the aforementioned sites pursuant to Article 5, paragraph 3, of Presidential Decree no. 357 of 8 September 1997; or
• on assets that interfere with any of the restrictions relating to protection from hydrogeological risk, national defence, health, public safety, including protection from seismic risk, volcanic risk and fire prevention.

Extension for additional documentation: the free activity is applicable if the interventions listed in Annex A concern areas or buildings referred to in Article 136, paragraph 1, letters b) and c) of the Cultural Heritage and Landscape Code, identified by means of a specific administrative measure pursuant to Articles 138 to 141 of the same code. In this case, the change introduced by the Amendment to the TU FER means the applicant can request an extension to supplement the submitted documentation. And the authority responsible for protecting the restriction or, through the latter, the Superintendency, depending on the extent of the preliminary investigations or additions required, can extend the deadline assigned to the applicant, once only and for no more than 15 days.

New categories of works subject to free activity: point c-bis) has been introduced in section I of Annex A concerning photovoltaic systems with a capacity of less than 10 MW located in floating mode on wet areas and artificial basins without restrictions, with occupation of the wet surface area of less than 20.

In Section II of Annex A (Interventions on existing plants subject to free construction activity), the following points and amendments have been added in italics:

a-bis) repowering, refurbishment or reconstruction, including complete reconstruction, of existing authorised or approved photovoltaic solar plants, provided that they do not increase the volume and surface area occupied and comply with any mitigation measures established when the environmental assessment measures were issued in relation to the original plant, regardless of the resulting power;

d) modifications, including upgrading or repowering, to existing, approved or authorised wind farms that involve a minimum reduction in the number of wind turbines compared to the existing, approved or authorised ones and are carried out on the same site as the existing plant. For the purposes of this letter:

• in the case of plants on a single axis, the new plant is built on the same axis with a maximum deviation of 20°, maintaining the same length plus a tolerance equal to 20% of the length of the existing, approved or authorised plant, calculated between the axes of the two extreme wind turbines, rounded up;
• in the case of plants located on multiple routes, the total planimetric area of the new plant shall be at most equal to the area covered by the authorisation or permit, with a total tolerance of 20%; the area covered by the authorisation or permit is defined by the perimeter identified, planimetrically, by the line connecting, always forming convex angles, the points corresponding to the axes of the outermost authorised wind turbines;
• the new wind turbines have a maximum height (h2) reachable from the tip of the blades to the ground equal to the product of the maximum height of the existing, licensed or authorised wind turbine (h1) reachable from the tip of the blades to the ground (TIP) and the ratio between the diameters of the rotor of the new wind turbine (d2) and the existing wind turbine (d1): h2 = h1*(d2/d1);
• if the existing, approved or authorised wind turbines have a diameter d1 less than or equal to 70 metres, the number of new wind turbines (n1) shall not exceed the lesser of n1*2/3 and n1*d1/(d2-d1), where d2 is the rotor diameter of the new wind turbine;
• if existing or authorised wind turbines have a diameter d1 greater than 70 metres, the number of new wind turbines must not exceed n1*d1/d2 rounded up, where:
  5.1) d1: diameter of existing or authorised rotors;
  • 5.2) n1: number of existing or authorised wind turbines;
  • 5.3) d2: diameter of the rotors of the new wind turbines.

e) modifications to existing, approved or authorised hydroelectric or hydroelectric storage plants which, even if they consist of a change in the technological solution used, involve increases in the volume of the structures and the area occupied by the existing plant and related works of no more than 15%;

f-bis) replacement of solar thermal plants that do not increase the volume occupied and comply with any mitigation measures established when the environmental assessment measures were issued in relation to the original plant, regardless of the power resulting from the replacement itself;

n) modifications to existing electrochemical storage systems, approved or authorised for installation within the area already occupied by the system, which do not involve an increase in noise and electromagnetic impact s, increases in power exceeding 20%, increases in the height of the structures exceeding 50%, or increases in volume exceeding 30%.

 

Changes to the PAS administrative regime

Urban planning compliance ex lege of suitable areas and acceleration zones: As with free construction activities, a new provision has been introduced within the PAS, following the second sentence of paragraph 2 of Article 8 of the TU FER.

Interventions subject to the PAS regime referred to in Annex B of the TU FER that fall within areas classified as suitable or in acceleration zones pursuant to Article 12 of the TU FER, aren’t in conflict with approved urban planning instruments and building regulations in force. It follows that this provision has also introduced, for the PAS, ex lege compatibility with urban planning instruments and building regulations in force for projects to be carried out in suitable areas or acceleration zones.

Compliance with hydrogeological, seismic and volcanic protection regulations: a new final sentence has been introduced in paragraph 2 of Article 8 of the TU FER. Compliance with hydrogeological, seismic and volcanic protection regulations remains unchanged, including the need to obtain the consent of the administrations responsible for managing the restriction, in accordance with the procedures set out in Article 8 of the TU FER. Therefore, as for free activity, the relevance of hydrogeological restrictions for the installation of RES plants is confirmed. So, for the purposes of authorisation for the construction and operation of plants through the PAS, it’s necessary to obtain the consent of the authorities responsible for hydrogeological, seismic and volcanic protection.

Competence of the municipality where the largest part of the plant is located: it’s been clarified that the municipality in charge is the one on whose territory the interventions referred to in paragraph 1 are located, which constitutes the point of contact within the meaning of Article 16(3) of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018. Where the interventions referred to in paragraph 1 involve several municipalities, the municipality responsible, which constitutes the contact point, is the one on whose territory the largest part of the plant to be built is located. To identify the municipality responsible in the cases referred to in the second sentence, the proponent has to take into account the percentage of area occupied in relation to the land unit available to the proponent.

Changes relating to the documentation to be attached to the PAS: With regard to the documentation to be submitted with the PAS, the following changes and/or clarifications have been introduced:

• the legal availability of the land affected by the construction of the works may also be demonstrated by means of preliminary contracts;
• where necessary, the communication or notification referred to in Articles 6-bis and 22 of Presidential Decree 380/2001 for the implementation of building works must be attached;
• in cases where there are restrictions relating to cultural and landscape heritage, the protection of hydrogeological risk, national defence, health, public safety, including seismic and volcanic risk protection and fire prevention, and restrictions requiring the acquisition of a building permit for the construction and operation of the plant, the technical documents necessary for the adoption of the relevant acts of consent must be submitted.

Compliance with technical standards: it’s been clarified that interventions under the free activity regime must be carried out in compliance with technical standards for construction. An explicit reference to technical compliance has been included.

Requirement for prior authorisation for building works and prior impact assessment: it’s been established that, where necessary, before starting work, it’s necessary to have notified the relevant authorities or obtained the necessary authorisation for the building works. For projects requiring building works to be carried out pursuant to Article 10 of Presidential Decree 380 of 2001, the proponent must obtain the relevant permit before submitting the project to the municipality. For projects that also fall within the scope of the impact assessment referred to in Article 5 of Presidential Decree 357 of 1997, the assessment must be carried out before obtaining the building permit.

Clarifications on the range and methods of calculating the value of territorial compensation to the municipality concerned: for projects with a capacity exceeding 1 MW, the programme for the implementation of territorial compensation measures to the municipality concerned must not be less than 1% and not more than 3% of the economic value of the expected production during the useful life of the plant, net of the value of any energy consumed by the plant itself.

Extension for additional documentation: it’s been confirmed that, at the request of the applicant, depending on the extent of the preliminary investigations or additional documentation required, the municipality can extend the deadline assigned to the applicant once only and for no longer than 30 days.

The deadline for starting work has been extended to two years, with the possibility of invoking force majeure: The expiry date of the authorisation in the event of failure to start work on the construction of the plant has been changed from one year to two years. But the three-year deadline from the start of work for the completion of the plant construction remains unchanged. For the purposes of these deadlines, impediments arising from force majeure are not taken into account.

Categories of works subject to PAS: PAS now also applies to photovoltaic plants with a capacity of less than 10 MW located in floating mode on the water surface of reservoirs and water basins, including artificial ones.

PAS has been maintained for ground-mounted photovoltaic solar plants with a capacity of 5 MW or more and up to 15 MW located in industrial, craft and commercial areas, and as in closed and restored landfills or landfill sites, or in quarries or plots or portions of quarries that are not susceptible to further exploitation.

Some changes have been made to existing categories and new categories of interventions subject to PAS. The changes are shown below in italics:

• Hydroelectric plants with a generation capacity equal to or greater than 500 kW and up to 1 MW of concession power, built on existing pipelines, without increasing either the existing flow rate or the period during which the withdrawal takes place, and built on existing buildings, provided that they do not alter the volumes and surfaces, do not involve changes to the intended use, do not affect structural parts of the building, and do not involve an increase in the number of property units or an increase in urban planning parameters (letter i-bis).
• Hydroelectric plants with a generation capacity of up to 250 kW of concession power built on existing canals or pipelines, without increasing the derived flow rate (letter i-ter).
• Hydroelectric plants with a generation capacity of up to 250 kW for the purposes referred to in Article 166 of Legislative Decree No. 152 of 3 April 2006 (letter i-quater);
• For closed-loop geothermal probes with a total thermal power exceeding 50 kW, a lower threshold of 500 kW has been added, with a depth not exceeding 3 m from ground level for horizontal probes and not exceeding 250 m from ground level for vertical probes.
• Electrochemical or thermomechanical electrical storage systems located exclusively within the perimeter of industrial plants of any kind, including those no longer operational or in the process of being decommissioned, existing electricity generation plants, licensed or authorised, or within quarry areas or areas for the production and processing of liquid and gaseous hydrocarbons in the process of being decommissioned, for which the construction of the storage facility doesn’t involve an increase in height compared to the existing situation, nor does it require any changes to the urban planning instruments adopted.
• Modifications, including upgrading, repowering, refurbishment, reactivation and reconstruction, including complete reconstruction, of existing, authorised or approved renewable energy plants for electricity production, with the exception of biomethane production plants, provided that they don’t involve an increase in the area occupied by the existing plant of more than 20%, regardless of the resulting electrical power.

 

Alignment of the power of photovoltaic plants subject to PAS and EIA screening

The Amendment to the TU FER modified letter b) of Annex B of the TU FER increases the maximum power from 10 MW to 12 MW for the application of PAS to photovoltaic plants located in suitable areas or acceleration zones. This regulatory intervention was necessary to realign the power of photovoltaic systems for PAS application and the EIA environmental screening procedure, with the result that authorisation for the construction and operation of photovoltaic systems located in suitable areas or acceleration zones with a power of up to 12 MW is now subject exclusively to PAS, as it’s not necessary to carry out the EIA screening procedure.

In section I of Annex B, point b), the reference category is now “photovoltaic solar plants, other than those referred to in points a), b), c) and d) of section I of Annex A and those referred to in this section, with a capacity of less than 12 MW in areas classified as suitable pursuant to Article 11-bis and in acceleration zones identified pursuant to Article 12 of this decree, including acceleration zones identified pursuant to the same Article 12, paragraph 5.”

 

Amendments to the administrative regime for single authorisation

Requirement for prior environmental assessment and setting a 90-day deadline: A new second sentence has been added to paragraph 1 of Article 9 of the TU FER, according to which the verification of EIA applicability, where necessary, precedes the start of the single authorisation procedure and lasts no longer than 90 days from the conclusion of the document completeness verification phase referred to in Article 19, paragraph 2 of Legislative Decree 152/2006.

Acquisition of building permits within the single procedure: for projects subject to the single authorisation regime that require building works, the relevant permit referred to in Presidential Decree 380/2001 is acquired within the framework of the services conference referred to in paragraph 10 of Article 9 of the TU FER.

With regard to the documentation to be attached to the application for the issue of the single authorisation, the declaration of legitimate availability of the area affected by the plant is also demonstrated on the basis of preliminary contracts.

Suspension of the deadline for concluding the VINCA procedure for no more than 120 days: for projects subject to both EIA and environmental impact assessment, the suspension of the deadline for concluding the conference can’t exceed 120 days.

Minimum content of the reasoned favourable decision concluding the services conference, which constitutes the single authorisation measure: the reasoned favourable decision concluding the services conference must include:

• the EIA measure, where applicable;
• the Vinca, where applicable;
• all acts of consent, however named, falling within the competence of the administrations and managers of public assets or services concerned, necessary for the construction and operation of the works relating to the interventions, including any permits for the construction of the building works;
• where necessary, the establishment of a variation to the urban planning instrument;
• where necessary, the imposition of a restriction prior to expropriation and the declaration of public utility;
• the obligation to restore the site to its original condition at the expense of the operator following the decommissioning of the plant, with a detailed estimate of the costs of decommissioning and restoration of the site, an indication of the financial guarantees and the deadline by which the proponent is required to provide them, in any case no later than 120 days from the date of issue of the authorisation itself;
• the territorial or environmental compensation in favour of the municipalities established at the service conference for the implementation of the intervention.

Clarifications on the range and methods for calculating the value of territorial compensation to the municipality concerned: territorial or environmental compensation cannot be less than 1% or more than 4% of the economic value of the expected production during the useful life of the plant, net of the value of any energy consumed by the plant itself. Financial guarantees and compensatory measures aren’t required in the case of interventions carried out on built-up areas or on roofing structures in car parks.

One-year deadline for the execution of the expropriation decree: a new paragraph 10-bis has been added to Article 9 of the TU FER, according to which the expropriation decree must be executed within a peremptory period of one year from its adoption.

Minimum term of five years of validity of the single authorisation and expiry of the reasoned favourable decision at the conclusion of the services conference: the single authorisation measure has a temporal validity of not less than five years, as established in the final decision of the single procedure, taking into account the time required for the completion of any expropriation procedures, and that required for the implementation of the project. The single authorisation will lapse if the works aren’t started or the plant doesn’t become operational within the time limits set out in the final decision. The authorisation will also lapse if the financial guarantees aren’t provided within the time limit set out in the decision and in any case no later than 120 days from the date of issue of the authorisation itself.

Competence of MASE. If the individual types of works fall under different sections of Annex C, the competent authority is MASE (see Article 14, paragraph 9 of the TU FER).

 

Acceleration of the single authorisation procedure for power revision works or the installation of heat pumps

A new Article 9-bis has been introduced to the TU FER, entitled “Acceleration of the single authorisation procedure for power review interventions or for the installation of heat pumps.” This new article provides for a significant reduction in the time limits for completing the procedure for modifications. It includes those consisting of upgrading, repowering, refurbishment, reactivation and reconstruction, replacement or conversion of existing or authorised plants (interventions referred to in Annex C, Section I, letter z) or Section I, letter e), with a power rating of less than 50 MW, and Section II, letter v), which result in an additional power review of no more than 15%. In summary, this provision provides for the halving of all the terms of the single procedure and the deadline for concluding the procedure is reduced from 120 days to 40 days.

 

The obligation to obtain prior permission for the occupation of public land doesn’t apply to rights of way or power lines

It’s been clarified that the provisions of Article 10 of the TU FER don’t apply in the case of easements relating to crossings, interference with existing works and infrastructure, underground services or specific works for the overhead network.

Therefore, the procedure for obtaining a public land concession can be carried out in parallel with that for the issue of the technical connection solution. And it’s also been clarified that the related concession fees are only due from the 120th day after the licence or authorisation is issued.

 

Alternative dispute resolution

The amendment to the TU FER introduces the new Article 12-bis of the TU FER, entitled “Alternative dispute resolution,” which sets out comprehensive rules on alternative dispute resolution applicable to all proceedings.

The new provision stipulates that:

• ARERA, after consulting with the Single Buyer (AU) and MASE, will adopt one or more measures aimed at regulating alternative mechanisms, managed by Acquirente Unico S.p.A., for the extrajudicial resolution of disputes, ensuring respect for the adversarial process; no fees; and certain timeframes; digital methods.
• These alternative mechanisms apply exclusively to disputes concerning:
  • the electronic submission of projects, applications and documentation relating to the interventions;
  • the assessment of the existence of restrictions relating to landscape and cultural heritage protection, protection from hydrogeological risk, national defence, health, public safety, including protection from seismic risk, volcanic risk and fire prevention;
  • verification of the completeness of the documentation accompanying the PAS or the single authorisation application;
  • application of simplified regulations for interventions in areas classified as suitable or in acceleration zones;
  • identifying the administrative regime applicable to the interventions.
• The decision to settle the dispute out of court may be challenged before the competent regional administrative court or by extraordinary appeal to the President of the Republic.

 

Coordination with categories subject to EIA

Article 14 of the Amendment to the TU FER amends Article 13 by correcting the following categories of works subject to environmental assessment.

The 30 MW threshold above which the state EIA referred to in Annex II to Legislative Decree 152/2006 applies is applicable to photovoltaic plants located in suitable areas or acceleration zones.

The VIA screening under state jurisdiction also applies to photovoltaic systems with a capacity equal to or greater than 10 MW located in floating mode on the surface of reservoirs and water basins, including artificial ones, and closed-loop geothermal probes with a total thermal power of 500 kW or more and a depth of more than 3 m from ground level, if horizontal, and more than 250 m from ground level, if vertical.

The regional EIA screening applies to photovoltaic plants with a capacity greater than 12 MW not only in areas classified as suitable but also in acceleration zones.

 

Coordination of the Guidelines referred to in the Ministerial Decree of 10 September 2010

Paragraph 5 of Article 14 of the TU FER has been amended and it’s been provided that the guidelines referred to in the Ministerial Decree of 10 September 2010 shall be adapted to the provisions of the TU FER, but also taking into account the provisions of Article 16(4) of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018.

 

Geothermal resources

For geothermal resources, the Amendment to the TU FER has subjected geothermal plants with a capacity of up to 300 MW to the single authorisation regime, excluding the pilot plants referred to in Article 1, paragraph 3-bis, of Legislative Decree No. 22 of 11 February 2010, repealing the provisions of Articles 10, paragraphs 4, 4-bis, 5, 6, 7 and 7-bis of Legislative Decree No. 22 of 11 February 2010 on the “Reorganisation of the regulations on the exploration and exploitation of geothermal resources.”

 

Introduction of summary proceedings pursuant to Article 119 of the Administrative Procedure Code

Finally, Article 119 of the Administrative Procedure Code has been amended and letter l-bis) has been introduced, according to which the summary procedure applies to “disputes relating to the procedures and measures of the public administration in relation to renewable energy plant projects referred to in Annexes A, B and C to Legislative Decree No. 190 of 25 November 2024.”

All ordinary procedural deadlines relating to such disputes are halved, except, in first instance proceedings, those for the notification of the introductory appeal, the incidental appeal and the additional grounds, and those referred to in Article 62, paragraph 1 of the Administrative Procedure Code and those expressly provided for in Article 119 of the Administrative Procedure Code.

The provisions of Article 119 of the Administrative Procedure Code also apply to appeals, revocations and third-party oppositions.

This alert outlines the main provisions, without claiming to be exhaustive, of the regulations contained in Legislative Decree No. 178 of 26 November 2025, No. 178, containing “Supplementary and corrective provisions to Legislative Decree No. 190 of 25 November 2024, containing regulations on administrative regimes for the production of energy from renewable sources, in implementation of Article 26, paragraphs 4 and 5, letters b) and d), of Law No. 118 of 5 August 2022,” published in the Official Gazette on 26 November 2025, No. 275, and entered into force on 11 December 2025.