Renewable Energy Practice Group

Transcription

1 EverNews Dear GREEN CERTIFICATES Renewable Energy Practice Group ITALIAN FOURTH CONTO ENERGIA May 2011 Introduction Decree 5 May 2011, No of the Ministry for Economic Development (the socalled Fourth Conto Energia ), setting out the criteria and provisions for the incentive tariffs in connection with the generation of electrical energy from photovoltaic plants, was published in the Official Gazette on 12 May 2011 entering into effect on the subsequent day. Key items of the fourth Energy Account Scope of application The new rules shall apply to plants starting operations from 1 June 2011 to 31 December Incentive tariffs shall be paid for a period of 20 years from the time when the plant starts operations and will remain unvaried for the whole incentive period. Classification of photovoltaic plants The Decree distinguishes three types of photovoltaic plants: a) solar photovoltaic plants, in turn, sub-divided into: 1

2 b) integrated photovoltaic plants with innovative features (i.e. modules in substitution of functional elements of a building in accordance with the technical specification set forth in Annex 4 of the decree); c) concentrated solar plants (i.e. plants composed of photovoltaic modules where solar light is concentrated through an optical system). Tariff levels The incentive tariffs vary depending on the type of plant, the plant capacity and the date of start of operations. Plants under letter (a) above benefit of incentive tariffs lower than the ones granted to plants under letters (b) and (c). The table below shows the incentive tariffs applicable to concentrated solar plants that start operations in [ /kwh] [ /kwh] 1<P<200 0,352 0, <P<1000 0,304 0,298 P>1000 0,266 0,261 The table below shows the incentive tariffs applicable to solar photovoltaic plants that start operations in Plants Plants installed on Other plants installed on buildings buildings Other plants [ /kwh] [ /kwh] [ /kwh] [ /kwh] 20<P<200 0,233 0,206 0,214 0, <P<1000 0,224 0,172 0,202 0, <P<5000 0,182 0,156 0,164 0,140 P>5000 0,171 0,148 0,154 0,133 2

3 Until 31 December 2012 the incentive tariffs may be added to the proceeds from (i) the sale of electricity on the free market; (ii) net metering; or (iii) power off-takes (ritiro dedicato), whilst starting from 1 January 2013 the incentive tariffs are deemed to include the above proceeds. Incentive regime As a general rule, incentive tariffs will be reduced progressively until The text includes certain limits for incentives (i.e. spending caps) which have been fixed in accordance with national targets of installed photovoltaic power capacity. The table below shows the limits for incentive tariffs applicable to solar photovoltaic plants which start operations from 2013 to Spending cap ML ML ML ML ML ML ML ML National capacity target MW MW MW MW MW MW MW MW During the period , should a spending cap be reached, additional cuts to the incentive tariffs shall apply. It is worth noting that incentive tariffs to be granted to i) small-scale plants, ii) integrated photovoltaic plants with innovative features, and iii) concentrated solar plants starting operations after 1 June 2011 and on or before 31 December 2012 are not subject to any spending cap. Premium tariffs In addition to the incentive tariffs, premium tariffs apply whenever a plant meets certain specific requirements. In particular, solar photovoltaic plants incentive tariffs are increased by: 5% if the plant is ground-mounted and installed in an industrial area, mine, quarry, exhausted dump, appurtenances to contaminated sites and waste depots; 3

4 5% if the plant is a small-scale one and constructed by Municipalities with less than 5,000 inhabitants; 5 cents/kwh if the plant replaces roofing containing asbestos; and 10% in the event that at least 60% of the aggregate plant cost is related to components manufactured in the pean Union. Plants whose modules are integrated on pergolas, greenhouses, acoustic barriers, or other roof-like coverings now expressly classified other than buildings - are eligible for an incentive tariff equal to the arithmetic mean between the incentive tariffs available for plants installed on buildings and the incentive tariffs available for the other plants. Large-scale plants register Persons responsible for large-scale plants that start operations after 1 September 2011 and on or prior 31 December 2012 shall file the request with the State energy management Agency (known as the GSE ) to be enrolled in a registry. The decree sets forth fixed enrolment period for the filings of such requests. For example, in order to be granted with first incentive tariffs, the enrollment period is from 1 to 30 November 2011 and, should the applicable spending cap be not exceeded, this enrollment period starts again from 1 to 31 January Within 15 days following the applicable enrollment period closedown GSE publishes on its website the list with the enrolled plants that will be granted with the incentive tariffs. The decree sets out the priority criteria according to which GSE shall prepare this list. Quite relevantly, large-scale plants starting operations by 31 August 2011 will directly accede to applicable incentives tariffs, without being enrolled with the GSE registry and hence, without being subject to any spending cap. It is worth noting that, pursuant to section 10 of the Legislative Decree 3 March 2011, No. 28 ground-mounted plants will be eligible for incentive tariffs provided that: 4

5 d) plant capacity does not exceed 1MW and, in the event that more than one plant is installed on the same owner s land, each plant has to be installed at a distance of 2kM one another; and e) the concerned plant(s) shall not cover more than 10% of the land surface available. The limits above shall not apply if: the land has been abandoned for 5 years; or the plant has been authorised prior to, or on, 28 March 2011; or the relevant authorisation has been filed with the competent authorities by 1 January 2011, provided that the plant starts operations within 28 March Indemnity for the loss of right to an incentive tariff In the event the electronic operator in charge fails to complete the connection of a plant to the grid within a given time in a way to cause the loss of a FIT to the plant, the same operator shall pay to the plant an indemnity as a partial refund according to the Italian Energy Authority s resolution dated 20 October 2010 and to resolution dated 23 July For further information or advice, please contact: Guido Galeotti Head of renewable energy and environmental Italian department Tel: guidogaleotti@eversheds.it Filippo Personeni Associate renewable energy and environmental Italian department Tel: filippopersoneni@eversheds.it This material is for general information only and is not intended to provide legal advice. Eversheds Bianchini è membro di Eversheds International Limited Eversheds Bianchini Studio Legale 5