With judgment No. 3325 of 28 April 2026, the Italian Council of State upheld the…
What Happened
The recently enacted Decree Law no. 181/2023 (“Energy Decree”) introduced an important innovation regarding the development of the offshore wind plants industry chain.
In fact, it is stated in Article 8 of the Energy Decree that the Italian Ministry of the Environment and Energy Security is required - within 30 days of the conversion into law of the same Energy Decree - to initiate a procedure for the identification of two state-owned port areas, with related areas of water outside the barrages protecting the port basins (the so-called "breakwaters defenses") dedicated to the development of the offshore wind industry.
Specifically, these areas - which will necessarily have to be port areas in southern Italy - will be earmarked for the construction of “suitable infrastructure to ensure the development of investments of the shipbuilding sector for the production, assembly and launching of floating platforms and the electrical infrastructure functional to the development of shipbuilding for the production of wind energy at sea”.
Why It Is Important
The rule in question aims to develop an industrial supply chain that to date in Italy is certainly lacking compared to other European countries. A supply chain that could also become strategic in view of the desirable intensification of investments in off-shore wind farm projects, in a country that has all the characteristics to welcome more investments in this sector than those made so far.
Indeed in Italy, despite the coastal development of nearly 8,000 km and some undoubted advantages of the off-shore wind technology over onshore wind (for instance, the far lower landscape impact), to date only one off-shore wind farm is in operation (wind farm of about 30 MW power in front of the port of Taranto).
While noteworthy, the rule in question represents only the first preliminary step in the procedure for identifying two poles, which will have to be handled at the ministerial level and which inevitably takes a long time. Moreover, since this is a programmatic rule for the development of a supply chain, the rule does not affect the meager regulatory framework governing authorization procedures for offshore wind power plants, contained in Article 12, para. 3 of Legislative Decree no. 387/2003, which provides for an ad hoc procedure for the issuance of the single authorization.
This article is for information purposes only and is not, and cannot be intended as, a professional opinion on the topics dealt with. For any further information please contact Piero Vigano
