The decree, relating to incentives for renewable energy communities, regulates the incentive methods to support the electricity produced by renewable source plants inserted in self-consumption configurations for the sharing of renewable energy.
Eligible subjects
The beneficiaries of the incentive tariffs are the self-consumption configurations for sharing renewable energy or CACER.
Eligible interventions
The incentives apply to renewable source plants, including upgrades, included within the configurations identified above in compliance with the following requirements:
- a) the maximum nominal power of the individual plant, or of the upgrading intervention, does not exceed 1 MW;
- b) the CACERs that access the incentives referred to in this Title are created in compliance with the conditions set out in articles 30 and 31
of Legislative Decree no. 199 of 2021 and operate, in interaction with the energy system, according to the methods identified by article 32 of the same legislative decree; - c) the renewable energy communities are already duly established on the date of entry into operation of the plants that access the benefit, and provide, in the case of businesses, that their participation as partners or members is permitted exclusively for SMEs;
- d) the production plants and withdrawal points that are part of the CACER are connected to the distribution network via connection points that are part of the area under the same primary substation (interactive map of the primary substation) without prejudice to the provisions for the smaller islands by Article 32, paragraph 8, letter
- e) of legislative decree no. 199 of 2021;
- e) the plants meet the performance and environmental protection requirements, including the sustainability criteria referred to in Annex 3, also necessary to comply with the "Do No Significant Harm" (DNSH) principle and the construction requirements set out in the operational rules of referred to in article 11 of this decree;
- f) the investment contributes to the achievement of the climate objectives set out in Annex VI to Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the recovery and resilience mechanism;
- g) the CACER ensure, through explicit statutory provision, private agreement, or, in the case of individual self-consumption,
declaration in lieu of an affidavit, that the possible amount of the premium tariff in excess of that determined in application of the energy quota threshold value shared expressed as a percentage referred to in Annex 1, is intended only for consumers other than businesses and\or used for social purposes having an impact on the territories where the sharing facilities are located; the CACER also ensure complete, adequate and preventive information to all end consumers, whether they are members or self-consumers who act collectively and are part of the same configurations, on the benefits deriving from access to the tariff - incentive referred to in Article 4;
- h) the systems comply with the requirements set out in article 8, paragraph 1, letter a) of legislative decree no. 199 of 2021.
Access to feed-in tariff incentives is not permitted:
- a) to companies in difficulty according to the definition reported in the Commission Communication Guidelines on State aid for the rescue and restructuring of non-financial companies in difficulty, published in the Official Journal of the European Union C
249 of 31 July 2014; - b) to the requesting parties for whom one of the causes of exclusion referred to in articles 94 to 98 of Legislative Decree no. 31 March 2023 applies. 36;
- c) to requesting parties who are subject to the causes of prohibition, forfeiture or suspension referred to in Article 67 of Legislative Decree
6 September 2011, n. 159; - d) to companies against which a recovery order is pending as a result of a previous decision of the European Commission
which declared the incentives perceived to be illegal and incompatible with the internal market; - (e) hydrogen projects resulting in greenhouse gas emissions exceeding 3 tCO2eq/t H2.
Facilitation
An incentive tariff in the form of a premium tariff calculated as follows is attributed to the share of energy shared within the CACER through the portion of the distribution network underlying the primary substation
Premium rate expressed in €/MWh
a) for power systems > 600 kW
TIP: 60 + max (0; 180 – Pcs)
Where Pz is the hourly zonal price of electricity.
The premium rate cannot exceed the value of €100/MWh.
b) for systems with power > 200 kW and ≤600 kW
TIP: 70 + max (0; 180 – Pcs)
Where Pz is the hourly zonal price of electricity.
The premium rate cannot exceed the value of €110/MWh.
c) For systems with power ≤ 200 kW
TIP: 80 + max (0; 180 – Pcs)
Where Pz is the hourly zonal price of electricity.
The premium rate cannot exceed the value of €120/MWh
The entire energy produced and fed into the grid remains at the disposal of the producer, with the right to transfer it to the GSE in the manner referred to in article 13, paragraph 3, of legislative decree no. 387 of 2003. The period of entitlement to the incentive tariff starts from the date of entry into commercial operation of the plant and is equal to 20 years, considered net of any shutdowns resulting from causes of force majeure or shutdowns carried out for the implementation of interventions of modernization and strengthening not incentivized.
For upgrades of existing plants, the incentives referred to in this Title apply limited to the new section of the plant attributable
to the upgrade, within the limits of the provisions of the art. 3, paragraph 2, letter a).
The rate due remains unchanged for the entire period of entitlement to incentives.
- For photovoltaic systems the premium rate, calculated according to the methods referred to in the first paragraph, is corrected to take into account the different levels of
insolation: Central Regions (Lazio, Marche, Tuscany, Umbria, Abruzzo) + 4 €/MWh - Northern regions (Emilia-Romagna, FriuliVenezia Giulia, Liguria, Lombardy, Piedmont, Trentino-Alto Adige, Valle d'Aosta, Veneto) 10 €/MWh
In cases where the provision of a capital contribution is envisaged, the fee payable is determined as follows:
TIP Capital Account = Tip * (1 – F) where F is a parameter which, in most cases, varies linearly between 0, in the case in which no capital contribution is envisaged, and a value equal to 0.50, in the case of a capital contribution equal to 40% of the investment.
This reduction factor does not apply in relation to electricity shared by withdrawal points owned by territorial bodies and local authorities, religious bodies, third sector and environmental protection bodies
Cumulability
The incentives referred to in this Title can be combined with capital contributions up to a maximum of 40 percent, in compliance with the principle of prohibition of double financing referred to in the art. 9 of Reg. (EU) 241/2021. In this case, the incentive is reduced according to the methods set out in Annex 1. The incentive tariffs do not apply to the shared electricity underlying the share of power of photovoltaic systems that has access to the Superbonus.
Presentation
Starting April 8, 2024 until funds last.
