One of the interpretative doubt that arose from the approval of the TU FER (Legislative Decree No. 190/2024) concerns its applicability to projects with authorisation procedures started after 30 December 2024 (the date on which the new regulation came into force) but pending the 180-day period for the Regions and local authorities to adjust with the new regulations (we have discussed the TU FER here, in the In-Depth Note: Unified Renewable Energy Code).
While Article 15 provides, in fact, that the procedural provisions repealed by Annex D shall continue to apply to ongoing procedures, i.e. to those procedures for which the verification of the completeness of the documentation submitted in support of the project is in progress, “without prejudice to the right of the proponent to opt for the application of the provisions of this decree”, Article 1, paragraph 3, provides that, pending the implementation to the principles set forth in the new regulation by the Regions and local authorities (which must take place within 180 days of its entry into force), the rules previously in force shall continue to apply.
In its reply of 26 March to Question No. 5-03777, the Xth Commission of the MASE clarified that, as of 30 December 2024, “any new initiative that is not among those for which the verification of the completeness of the documentation accompanying the project is complete at the date of entry into force, is subject to the new provisions as regards both the type of administrative regime and the competent administration”.
The MASE also clarified that, with reference to the provision in Article 1, paragraph 3, the aforementioned “implementation” refers to merely organisational aspects of the individual competent administrations, with regard to, inter alia, the complete digitalisation of administrative procedures.
In conclusion, the provisions of the TU FER shall be considered immediately applicable with respect to “new initiatives”, which include, in addition to applications for authorisation submitted after 30 December 2024, also those submitted prior to that date but for which the verification of the completeness of the documentation has not been completed by 30 December 2024.
