Last Monday, November 25, the Italian Council of Ministers approved the “Testo Unico FER,” establishing a regulatory framework for energy production from renewable sources. This framework will come into force on December 30.

The decree aims to facilitate the energy transition by implementing simplified authorization procedures and identifying priority areas. However, it has sparked considerable expectations in the energy sector.

Alessio Pinzone, Senior Director – Energy at RINA Prime Value Services, remarked, “I expect the decree will generate greater confidence, especially among foreign investors, to invest in new developments in our country. This confidence could significantly boost new projects and works, substantially accelerating the sector.”

«Regions and local authorities will be able to introduce regulations solely to streamline processes and facilitate investments. This innovative approach could lead to a clearer authorization process, eliminating the significant regional disparities that currently exist,» added Pinzone in a conversation with Energía Estratégica España.

Meanwhile, Vincenzo Sacco, an attorney, noted that this regulation will outline the administrative authorization pathway and help investors understand authorization timelines.

Administrative Simplification: Zones Without Environmental Impact Assessment

One of the most innovative aspects of the decree is the introduction of fast-track zones, which must be identified by the Gestore dei Servizi Elettrici (GSE) before May 2025. In these zones, an Environmental Impact Assessment (EIA) will not be required.

According to Pinzone, this «could enable a significant acceleration.» However, he warns that improper management of these areas could lead to real estate speculation, driving up the cost of priority lands to the point of discouraging investments.

Sacco highlights that the outcome of the ruling on the «Adequate Areas» decree, expected in February 2025, must be awaited. However, he points out that the areas identified by the GSE will foster a more streamlined procedure for projects.

Nevertheless, Sacco notes that Italy’s multiple layers of legislation—central and regional laws—continue to slow down authorization processes.

“The fragmentation of Italian municipalities does not help. Deadlines are often missed due to a lack of personnel in small municipalities, which will face increasingly complex projects to evaluate within a short period under Attività Libera (Free Activity) and Procedura Abilitativa Semplificata (PAS – Simplified Enabling Procedure),” the lawyer added in an interview with the portal.

Impact on the Power Grid: A Persistent Challenge

While regulatory progress is evident, the Italian power grid’s capacity to handle the new generation of renewable energy remains a critical issue.

Sacco notes, «The Italian grid is already struggling to absorb current production, and the anticipated increase from new projects could worsen the situation.» This challenge is particularly pronounced in mountainous regions and on islands like Sicily and Sardinia, where connection projects face slow progress due to local resistance and administrative complications.

It’s worth noting that, according to data from Terna, over 300 GW of connection requests are pending in Italy.

«Authorization procedures for new power networks face the same delays and opposition as those for renewable energy production plants. Even though not all the 300 GW connection requests will be approved, the issue of grid absorption capacity persists and must be addressed more decisively,» the lawyer explains.

He emphasizes, “We have improved costs and expedited authorizations, but our grid is improving very slowly. We already face capacity issues, and if authorizations move quickly, these problems will only multiply».

Outline of the New FER

Key Features of the New “Testo Unico FER”

The Testo Unico FER establishes regulations for the construction and management of renewable energy plants, energy storage systems, and the necessary infrastructure for their operation. Depending on the characteristics of the installations—such as type, size, and location—three administrative pathways are outlined: Free Activity (Attività Libera), Simplified Enabling Procedure (PAS – Procedura Abilitativa Semplificata) and Single Authorization (Autorizzazione Unica).

As defined in the document, the first category (Attività Libera) does not require any declaration or authorization, except in cases where there are landscape restrictions. In such instances, the competent authority must issue its opinion within 30 days, instead of the currently stipulated 45 days.