Top
Top

Lex Mundi Global Climate Change Guide

Italy

(Europe) Firm Chiomenti

Contributors Filippo Brunetti

Updated 30 Apr 2021
Has your country signed/ratified the Paris Agreement? If so, what is its INDC / NDC?

Italy ratified the Paris Agreement with Law 4 November 2016, no. 204, entered into force 11 December 2016.

The reduction target for ETS emissions has been set at the EU level and is 21% by 2020 and 43% by 2030; for non-ETS sectors is 13% compared to 2005 levels by 2020 and 33% by 2030.

 

What are the key national policy instruments regarding climate change and what are the national long term greenhouse gas emissions (GHG) reduction targets?

The GHG reduction for ETS emission is -43% by 2030, while for no ETS is – 33% for emissions, electric RES, electric and thermal RES, Thermal energy from RES – energy efficiency, transport, and other sectors such as private and public buildings. The targets are set in different measures (regulatory, programmatic and economic) among which the most relevant are those aimed at improving,

  1. on a regulatory side, waste management, the revision of the regulation for the award of hydroelectric concession, the extension and improvement of the obligation of integrating renewables into existing buildings; the Reduction of GHG emission of fuels equal to 6% within 2020;
  2. on the programmatic side, the Infrastructural national plan for the charging of vehicles powered by electricity – i.e. PNIRE; Urban plans for sustainable mobility – i.e. PUMS, multi-modal transport system;
  3. on an economic side: the Common Agricultural Policy and Rural Development plan 2021-2027; white certificate; conto termico; Incentives to the municipalities for investment in the energy efficiency and sustainable territorial development; infrastructure reinforcement; renewal of vehicles for public transport; Marebonus and Ferrobonus; the national fund for energy efficiency.

In addition to the elements focused above, the following documents have key importance:

  • (2021) National Recovery and Resilience Plan (“PNRR” - #netxgenerationitalia) under which is included the “Green Revolution and Ecological Transition” allocating a total of EUR 68.6 billion - of which EUR 59.3 billion from the Recovery and Resilience Facility (the so-called “RRF”) and EUR 9.3 billion from the Complementary Fund. The PNRR objective is to improve the sustainability and resilience of the economic system, to prevent and mitigate the effects of climate change and to ensure a fair and inclusive environmental transition. The PNRR will be submitted before the European Commission within 30 April 2021;
  • (2021) Report “Italian long-term strategy on the reduction of greenhouse gas emissions” prepared by Ministry of Ecological Transition (previously Ministry of Environment), Ministry of Economic Development, Ministry of Infrastructure and Transport and Ministry of Agricultural, Food and Forestry Policies;
  • (2020) Integrated Energy and Climate Plan (“PNIEC”) submitted to the European Commission on 31 December 2019 with a 2030 perspective and the aim of implementing a new energy policy that ensures environmental, social and economic sustainability and supports such process of transition. Please note that on the final version of the PNIEC, the European Commission expressed its opinion on 14 October 2020;
  • (2020) Report on the status of implementation of commitments to reduce greenhouse gas emissions pursuant to Law. 39/2011 attached to the Ministry of Economy and Finance's Economic and Financial Document (“DEF”);
  • (2020) On 29 May 2020, the Italian Government transmitted to the Chamber of Representatives a document concerning the Government’s position within the framework of the public consultative procedure started by the European Commission on the European Climate Agreement and the European Green Deal (doc. no. 15, no. 431). Subsequently, the Italian Government submitted the report concerning a proposal for a new Regulation of the European Parliament and of the European Council for the implementation of climate neutrality and amending Regulation (EU) 2018/1999 - the so-called European Climate Act (doc. no. 15, no. 453). On the same report, the Italian Senate (Environment Committee) approved the resolution Doc. XVIII, no. 21;
  • (2019) Update of the Economic and Finance Document, in which the aims of the “Green New Deal” started in 2019 are implemented;
  • (2017) National Energy Strategy, 10 November 2017, Decree of the Minister of Economic Development and the Minister of the environment and the protection of the Territory and Sea, which is the starting point for the preparation of the Integrated Energy and Climate Plan (PNIEC) – Dec. 2019 – and Law 12 December 2019, no. 141;
  • (2017) “Towards a circular economy for Italy – a framework and strategic positioning document”, prepared by the Ministry of Economic Development and the Ministry of Environment, 7 December 2017;
  • (2017) National Sustainable Development Strategy 2017/2030, approved by the Inter-ministerial Committee for Economic Planning (CIPE), 22 December 2017, which, inter alia, briefly places a vision for a new circular economic model, low in CO2 emissions, resilient to climate change and other global changes due to local crisis, such as, for example, the loss of biodiversity, the modification of fundamental biochemical cilia (carbon, nitrogen, phosphorus) and changes in land use;
  • (2017) “Elements for a roadmap of sustainable mobility”, 2017;
  • (2016) The National Infrastructure Plan for the charging of vehicles powered by electricity, approved in 2012 and updated in 2016;
  • (2016) National strategic framework for the development of the alternative fuels market in the transport sector and the construction of the related infrastructures (Legislative decree, 16 December 2016, no. 257, which favors the use of alternative fuels, in particular for electricity, natural gas and hydrogen);
  • (2015) National Strategy for Adaptation to Climate Change, Directorial Decree 16 June 2015, no. 86, with the aim of defining how to deal with the impacts of climate change, including climatic variations and extreme weather and climate events and identify a set of actions and guidelines aimed at minimizing the risks deriving from climate change, the protection of health, well-being and goods of the people, preserve national heritage and maintain or improve the adaptability of natural, social and economic systems;
  • (2013) The Action Plan for Environmental Sustainability of Consumption in the Public Sector – Green Public Procurement (PAN GPP - Inter-ministerial Decree 11 April 2008, updated 10 April 2013).
Have national policies or legislation been adopted limiting or prohibiting the use of certain fossil fuels (e.g. coal, natural gas, nuclear)?

Natural gas
The revision of the Preventive Action Plan of the Italian natural gas system is envisaged, in accordance with the new Safety regulation no. 1938/2017. Moreover are envisaged: (i) an update of the Emergency Plan of the Italian natural gas system coordinated with the Emergency plans of the other countries connected in the same supply corridors; (ii) adjustment of the functions of the gas transportation and storage network; and (iii) diversification of supply resources also through natural gas and development of LNG in maritime transport and port services. 

Nuclear energy
The exploitation of nuclear energy in Italy took place between 1963 and 1990. The referendum that took place in 1987 determined Italy’s choice to stop nuclear energy production. 
2011 referendum confirmed the closure of the new season dedicated to nuclear program (following 2005-2008 debate). 

Coal
In the National Energy Strategy (November 2017) Italy fixed an ambitious goal determining the exit from coal by 2025 but no policy for prohibiting the use of coal has been adopted.

What specific national climate change legislation has been adopted?
  • Article 13 of the “2018 European Delegation Act” (Law no. 117/2019) provided the delegation to the Italian Government for the implementation of the Directive (EU) 2018/410 amending Directive 2003/87/EC on greenhouse gas emission allowance trading. The Legislative Decree no. 47 of 9 June 2020 was consequently issued in order to implement the mentioned delegation;
  • In the Budget Law 2021 (Law no. 178/2020) allocation of parts of the profits deriving from the sales of greenhouse gas emission quotas to the so-called “Fund for the energy transition in the industrial sector” to be assigned as follows: EUR 10 million is destined for decarbonization and energy efficiency measures in the industrial sector, while the remaining part of resources will be allocated to financial measures in favor of sectors/subsectors considered to be exposed to a high risk of carbon leakage;
  • Article 50 of the Decree-Law no. 76/2020 (the so-called “Simplifications” Decree-Law) provides specific rules for the environmental assessment of the project related to the Integrated Energy and Climate Plan (PNIEC);
  • In the Budget Law 2020 (Law no. 160/2019), investments have been made to implement the Green New Deal approved by the EU Commission. As a consequence of this approach, two new investment funds assigned to State and Local Authorities have been introduced. The resources will be used to activate urban regeneration projects, energy conversion and incentives for the use of renewable sources. For the three-year period 2019-2021, there are forms of incentives for building enhancement, through the application of the registration tax and cadastral taxes to a facilitated extent on the transfer of buildings in favor of companies that deal with building construction or renovation implementing energy requalification interventions. To relaunch the investments of local authorities, starting from the year 2020, a fund has been set up to be allocated to Municipalities for energy efficiency measures, sustainable territorial development and the safety of infrastructures and public buildings. The issuance of green government bonds has been envisaged, which will be proportionate to actions aimed at combating climate change, energy conversion, the circular economy, environmental protection and social and territorial cohesion financed by the State budget; it is provided also the institution of the International Study and Research Centre on Climate Change, located in Venice, with the budget of EUR 500,000 starting from the year 2020;
  • Law 12 December 2019, no. 141, by means of which the Law Decree no. 111/2019 (so-called Climate Decree) containing “urgent measures for compliance with the obligations laid down by Directive 2008/50/EC on air quality” has been converted into Law. The measure, focused exclusively on environmental issues aims to encourage virtuous behavior and actions from the scrapping of cars and scooters, incentive for traders who will equip green corners to sell bulk products, preferential lanes for public transports, ecological school buses and new trees in cities. Art. 1 regulates the approval of the national strategic program for contrasting climate change and improving air quality, in coordination with the Integrated Energy and Climate Plan (PNIEC) and with the basin planning for hydrogeological instability, and institutes a permanent inter-ministerial committee for the climate emergency.
  • Article 13 of the so-called “European Law” (Law no. 37/2019) contains provisions relating to participation in the auctioning of greenhouse gas emission quotas;
  • Article 13 of Decree-Law 101/2019 implements the rules on greenhouse gas emission quotas trading (set out in the Legislative Decree. 30/2013) by providing that an annual share of the revenues deriving from the auctions, exceeding the value of EUR 1,000 million, shall be allocated to the Fund for the Energy Transition in the Industrial Sector (to a maximum extent of EUR 100 million for 2020 and EUR 150 million per year as from 2021) and to the Fund For Employment Reconversion in territories where coal plants are located (to a maximum extent of €20 million per year for the years from 2020 to 2024). Such provisions are now included in Articles 23, paragraph 8, and 29 of Legislative Decree 47/2020;
  • Regulations on sanctions have been issued for the violation of the European provisions on monitoring, reporting and verification of carbon dioxide emissions generated by maritime transport (Legislative Decree no. 83/2019) and for the violation of the provisions of the European Regulation on fluorinated greenhouse gases (Legislative Decree no. 163/2019); Approval of the Integrated Energy and Climate Plan (PNIEC);
  • In the 2019 Budget Law (Law no. 145/2018), paragraphs 743-745 regulate the use of resources from the so-called “Kyoto Fund”, which allows the provision of low-interest loans for the purposes of contrasting climate change;
  • Part V of Legislative Decree no. 152/2006 (Environmental Code) provides other measures for air pollution;
  • Legislative Decree no. 30/2013, implementing the emission trading system.
Does your country participate in an international or national GHG emissions trading scheme?

Yes, Italy takes part in the EU-ETS system. 

Has a national CO2 tax or similar instrument been adopted?

Carbon Tax was introduced by Law 23 December 1998, no. 448 but it has never been implemented.

In Italy, there are taxes on energy products used for both transport and combustion processes (stationary purposes). Energy products for stationary use include fuel oils, natural gas, coal, and electricity.

Co2 taxes are included under these categories:

  • Transport taxes (excluding fuel for transport): Taxes relating to the ownership, the registration and use of motor vehicles, including taxes on other transport equipment (e.g. aircraft), and related transport services (e.g. duties on charter or scheduled flights), when these taxes are deemed to comply with the general definition of environmental taxes;
  • Taxes on petrol, diesel and other transport fuels are included under energy taxes;
  • Pollution taxes: Taxes on pollutant emissions (either measured or estimated) in the air and water, the management of solid waste and taxes for the abatement of noise and vibrations;
  • Natural resource taxes: Taxes linked to the extraction or use of a natural resource (e.g. licenses paid for hunting, fishing and similar activities). Taxes on the extraction of oil or gas are no longer classified as resource taxes, in line with the statistical guideline which excludes all taxes on the extraction of oil and gas from the definition of environmental taxes. 

In addition to taxes, the legal framework includes the incentives that are provided in different areas, such as mobility (vouchers for the scrapping of polluting vehicles,  and reduction of the VAT rate for the purchase of electric or hybrid vehicles  - Law 19 Dec. 2019, no. 157).

Does national legislation regulate and/or subsidize carbon capture and storage (CCS)?

Legislative Decree 14 September 2011, no. 162, issued for implementing Directive 2009/31/EC on the geological storage of carbon dioxide.

The text has been amended by Law 29 July 2015, no. 115, By-Law 7 July 2016, no. 122 and By-Law 11 September 2020.

The Decree provides the mandatory measures to ensure an environmentally safe application of CCS technology in suitable geological formations, explicitly prohibiting the storage of CO2 in the water column and excluding the areas affected by aquifers whose eaters can have a drinkable or irrigated use.

The areas identified in seismic zone 1 are excluded from those identified by the Decree of the Ministry of the Environment as suitable for storage.

Are the production and/or use of renewable energy sources subject to a national subsidy or similar support scheme?

(1992) The first support scheme for renewable energy was launched in 1992. It consisted of a Feed-in Tariff, also known as CIP6.

(1999) By Legislative Decree no. 79/1999, an incentive system for electricity produced from renewable sources was established known as Green Certificates – securities exchangeable/negotiable on the market. This system has been suppressed by Legislative Decree no. 28/2011. 

(2005) A different support system was the so-called Conto Energia which incentivized the electricity produced by photovoltaic plants and thermodynamic solar plants connected to the electricity grid. It has seen five versions since its inception in 2005. The fifth Conto Enegia expired on 6 July 2013. 

(2005) White certificates - securities negotiable on the market: energy efficiency certificates that certify the achievement of primary energy savings achieved through projects aimed at increasing energy efficiency in end uses of energy. From the start of the mechanism (2006) to 2917, over 51.3 million TEEs have been recognized 

(2011) The so-called “Conto Termico”, which provides incentives introduced with Legislative Decree no. 28/2011 and is regulated by Ministerial Decree 28 December 2012, updated by Ministerial Decree of 16 February 2016. It concerns small-scale intervention aimed at redeveloping building tanks to a process of transformation of the building plant structure by replacing the pre-existing elements and works to achieve efficiency by stimulating the reduction of the need for thermal energy, the production of necessary energy through more performing appliances and finally, the use of renewable sources for the production of thermal energy necessary for final uses. 

(2013) Starting from 2013, two mechanisms for FER-E (electric renewables) that supply the distribution network (except photovoltaic) have been operating: a FIT scheme for plants with up to 1 MW of power and a FIP scheme (Feed-in Premium) for systems with power greater than 1 MW.

(2013) Incentives are also provided for the production of biogas and biomethane (Ministerial Decree of 5 December 2013, updated on 2 March 2018).

(2019) FER1 Decree, Ministerial Decree 4 July 2019 which provides for new incentives for renewable sources. The Decree entered into force on 10 August 2019. It divides the plants that can access the incentives into four groups based on the type of renewable energy source and category of intervention. 

What are the main national measures being taken to reduce GHG emissions / improve energy efficiency in the built environment?
  • Paragraphs 58-59 of the Budget Law 2021 (Law no. 178/2020) provide for the extension, for the year 2021, of deductions for expenses incurred for energy efficiency measures, building renovation, the purchase of furniture and large household equipment, as well as for the recovery or restoration of the façade of buildings;
  • Article 119 of Decree-Law no. 34 of 2020 (the so-called "Decreto Rilancio") introduces a 110% deduction (the so-called “Superbonus”) for expenses relating to specific energy efficiency interventions (including by means of demolition and reconstruction) and anti-seismic measures on buildings (including for the implementation of continuous structural monitoring systems for anti-seismic purposes);
  • Legislative Decree no. 48 of 10 June 2020 implements the Directive 2018/844/EU on the energy performance of public and private buildings (Energy Performance Building Directive – “EPBD Directive”). In order to transpose the EPBD Directive, the Legislative Decree no. 48/2020 amends and integrates the Legislative Decree no. 192 of 2005, which implemented the previous Directives on the energy performance of buildings. With regard to the purpose of the regulation, Legislative Decree no. 48/2020 (Art. 1) specifies that the regulation is aimed at promoting the improvement of the energy performance of buildings, taking into account the local and external climatic conditions, as well as the requirements relating to the indoor climate and their efficiency, optimizing the relationship between costs and benefits for the community. As regards the scope of intervention, the following is now included in Legislative Decree no. 192/2005: the discipline of integrating technical building systems and infrastructures for recharging electric vehicles in buildings; the definition of a long-term strategy for the renovation of the national building stock; the promotion of energy efficiency; the collection of the expertise necessary to increase the rate of energy requalification of buildings by means of more information to citizens, businesses and public administration (Article 4 of Legislative Decree no. 48/2020, which integrates article 3 of Legislative Decree 192/2005);
  • Extension of the Ecobonus, with a tax deduction of 50 and 85% for the energy requalification of existing buildings;
  • Extension of the tax deduction, for building renovation works, including interventions aimed at achieving energy savings and the production of energy from renewable energy sources (2019 and 2020); Inter-ministerial Decree 26 June 2015, “implementation of methodologies for calculating energy performance and definition of the requirements and minimum requirements for buildings; containing the "National guidelines for the energy certification of buildings" and "Schemes and methods of reference for the compilation of the technical project report for the purpose of applying the requirements and minimum energy performance requirements of buildings";
  • Inter-ministerial Decree of 16 February 2016 containing "Update of the regulations for the incentive of small measures to increase energy efficiency and for the production of thermal energy from renewable sources" (so-called thermal account);
  • Decree of the Ministry of Economic Development, 9 January 2015, Identification of the operating modes of the “Cabina di Regia” (established by Art. 4, par. 4, of Legislative Decree 102/2014) for the coordination of the interventions for energy efficiency of public buildings;
  • Inter-ministerial Decree of 16 September 2016 containing the methods for implementing the program of interventions for the improvement of the energy performance of the buildings of the central Public Administration (Art. 5, Legislative Decree no. 102/2014).
What are the main national measures being taken to reduce GHG emissions / improve energy efficiency in the transport sector?
  • The Budget Law 2019 (Law no. 145 of 2018) provides for several interventions to incentivize the development of clean, electric and hybrid road mobility, including the granting of a contribution (so-called “Ecobonus”), for purchases during the years 2019, 2020 and 2021 of electric or hybrid vehicles, with or without scrapping a polluting vehicle. The Decree-Law no. 162 of 2019 extended the range of vehicles that can be scrapped to include the Euro 0 category, which was not previously covered, and lowered the maximum emissions threshold for the purchase of hybrid vehicles from 70 to 60 g/km of CO2. The same Budget Law 2019 and the subsequent Decree-Law no. 34/2019, provides for the granting of a contribution for the purchase in 2019 of two and three-wheel hybrid or electric vehicles, as well as for motorized quadricycles, recognized, within the limit of EUR 8 million, by Decree-Law no. 162 of 2019 under the same conditions, also for purchases made in the year 2020. The Decree-Law no. 34 of 2020 amended such regulation by increasing the resources allocated to such plan by EUR 100 million for 2020 and EUR 200 million for 2021, and by providing additional incentives that can be combined with the one provided by the Budget Law;
  • On the matter of cycling and electric micro-mobility, the Decree-Law no. 111 of 2019 provides for an “Experimental Good Mobility Program” aimed at encouraging, after the scrapping of polluting motor vehicles and motorbikes, the purchase of velocipedes, pedal-assist bicycles and collective transport subscriptions for residents in areas subject to European infringement procedures for violation of air pollution limits, to which Decree-Law no. 34/2020 added electric micro-mobility vehicles;
  • For the development of cycling, after the approval of Law no. 2 of 11 January 2018 “Provisions for the development of cycling and the implementation of the national cycling network”, the Budget Law 2019 (Law no. 145 of 2018) provides a Fund for the design of interurban cycleways, while the Budget Law 2020 establishes a Fund for the development of urban cycle networks, to finance 50% of the interventions for the construction of new urban cycleways by Municipalities and Unions of Municipalities that have approved town-planning instruments providing for the strategic development of the urban cycle network;
  • Law 30 November 2012, no. 240 - Ratification and implementation of the Framework Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, done in Brussels on 10 May 2010, with which the Parties work to cooperate in all relevant areas of transport policy, including integrated transport policy, with the aim of improving the movement of goods and passengers, promoting the safety of maritime and air transport and environmental protection and of making the respective transport systems are more efficient. In particular, the cooperation between the Parties in this sector is aimed at promoting cooperation for the reduction of greenhouse gas emissions in the transport sector;
  • Legislative Decree 21 March 2017 no. 51, implementing the Council Directive 2015/652 / EU of 20 April 2015 which establishes the calculation methods and communication obligations pursuant to Directive 98/70 / EC of the European Parliament and of the Council on the quality of petrol and diesel fuel and of the Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 "amending Directive 98/70 / EC, relating to the quality of petrol and diesel fuel, and Directive 2009/28 / EC, on the promotion of the use of energy from renewable sources;
  • Legislative Decree 16 December 2016, no. 257 implementing Directive 2014/94 / EU on the construction of infrastructure for alternative fuels;
  • Inter-ministerial Decree, 2 March 2018 for the promotion of the use of biomethane and other advanced biofuels in the transport sector;
  • Decree of the Ministry of the Environment and Protection of the Territory and the Sea 17 July 2017, no. 340 financing of energy efficiency measures, sustainable mobility and adaptation to the impacts of climate change in the smaller islands;
  • Directorate Decree of 15 May 2018 containing provisions for the calculation of the quantity of electricity supplied to road vehicles and the intensity of greenhouse gas emissions, for the purposes of communications made by suppliers, pursuant to Art. 7-bis, par. 2, of the Legislative Decree 21 March 2005, no. 66.
What are the main national measures being taken to reduce GHG emissions / improve energy efficiency in the industry?

 

  • Legislative Decree 3 March 2011, no.28 (implementing Directive 2009/28 / EC on the promotion of the use of energy from renewable sources, amending and subsequent repeal of Directives 2001/77/EC and 2003/30/CE) and subsequent amendments (Legislative Decree 21 March 2017, no. 51) and implementations (Ministerial Decree of 2016) sets the national targets for the share of energy to be produced thanks to renewable sources, the related calculation methods and Municipalities (Art.3). Among the sectors, it considers industrial plant engineering (Art. 30) and provides interventions and measures for technological and industrial development in the field of renewable sources and energy efficiency based on criteria identified in Art. 32;
  • Legislative Decree 16 June 2017, no. 104 concerning the assessment of the environmental impact specifically takes into consideration the energy and extractive industry and in particular:
  1. thermal plants for the production of electricity, steam and hot water with a total thermal power greater than 50 MW;
  2. installations of oil and gas pipelines and pipelines for the transport of CO2 streams for geological storage purposes exceeding 20 km;
  3. plants for the capture of CO2 flows from plants that are not included in Annexes II and III to this decree for the purpose of geological storage in accordance with Legislative Decree 14 September 2011, n. 162, and subsequent modifications;
  4. external overhead power lines for the transport of electricity with a nominal voltage greater than 100 kV and with a length of more than 3 km;
  • Presidential Decree 16 November 2018, no. 146, Implementing Regulation of Regulation (EU) no. 517/2014 on fluorinated greenhouse gases and repealing Regulation (EC) no. 842/2006;
  • Legislative Decree 5 December 2019 no.163 regulating the infringement of the provisions of Regulation (EU) no. 517/2014 on fluorinated greenhouse gases and repealing Regulation (EC) no. 842/2006;
  • The Legislative Decree no. 73 of 14 July 2020 transposes the Energy Efficiency Directive (“EED”) 2018/2002/EU into national law, making various amendments to the regulations already in force, contained in Legislative Decree no. 102 of 2014, transposing the previous Directive 2012/27/EU on energy efficiency (amended in turn by the EED). The amendments consist of updating the national energy efficiency targets. According to Legislative Decree no. 102/2014 (Art. 8), big companies are obliged to carry out an energy audit, conducted by energy service companies or energy management experts, at production sites located on national territory every four years. Legislative Decree no. 73/2020 provides that the exemption from such obligation applies to large companies with total annual energy consumption of less than 50 of Equivalent Tons of Petroleum (TEP).
What are the main national measures being taken to reduce GHG emissions / improve energy efficiency in agriculture and land use?
  • Incentives for promoting energy and development of the territories, Proposal for a complementary operational program 2014 – 2020 to the National operational program “factories and Competitiveness”; 
  • Legislative Decree 16 June 2017, no. 104.  Implementation of Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014, which amends Directive 2011/92/EU, concerning the assessment of the environmental impact of certain public and private projects, pursuant to Articles 1 and 14 of the Law 9 July 2015, no. 114. Among the contents of the Environmental Impact Study referred to in Article 22 to which the projects are subject, it envisages that some factors relating to, among others, air and climatic factors (such as, by way of example but not limited to, be described) greenhouse gas emissions, relevant impacts for adaptation) and their interactions; in relation to the impact of the project on the climate (such as, by way of example and not limited to, the nature and extent of greenhouse gas emissions) and the vulnerability of the project to climate change; 
  • Legislative Decree 21 March 2017, no. 51 - Amendments to Annex V-bis to Legislative Decree 21 March 2005, no. 66 (Implementation of Directive 2003/17 / EC relating to the quality of petrol and diesel fuel), in implementation of Annex I of Directive (EU) 2015/1513 which identifies the emissions resulting from changes in carbon stocks due to the change in the land use; 
  • Legislative Decree 13 August 2010, no. 155 - Implementation of directive 2008/50/EC relating to the quality of the ambient air and for cleaner air in Europe. The decree, as part of the unitary regulatory framework on the assessment and management of ambient air quality aimed at identifying ambient air quality objectives aimed at avoiding, preventing or reducing harmful effects on human health and the environment as a whole, involves zoning the entire national territory after identifying the agglomerations and subsequently identifying the other areas. The agglomerations are identified on the basis of the urban layout, the resident population and the housing density. The other areas are mainly identified on the basis of aspects such as the emissive load, the orographic characteristics, the weather-climatic characteristics and the degree of urbanization of the territory, in order to identify the areas in which one or more of these aspects are predominant in determining the levels of pollutants and consolidating these areas in areas characterized by the homogeneity of the predominant aspects.
What are the main national measures being taken to reduce GHG emissions / improve energy efficiency in the electricity production sector?
  • Decree of the Ministry of Economic Development, 4 July 2019, no. 186 -  Incentive of the electricity produced by onshore wind farms, solar photovoltaic, hydroelectric and gas residues of the treatment processes;
  • Ministerial decree 4 July 2019, no. 161532 - The decree, in line with the European objectives 2020 and 2030, aims at supporting the production of electricity from plants powered by renewable sources indicated in Annex 1, through the definition of incentives and access modalities that promote effectiveness, efficiency and sustainability, both environmental and incentive charges, in an adequate measure for the pursuit of national objectives and with modalities compliant with the Aid Guidelines of State for Energy and the Environment referred to in the communication of the European Commission (2014/C 200/01); 
  • Decree of the Ministry of the Environment and protection of the territory, 15 May 2018 - provisions for calculating the amount of electricity supplied to road vehicles and the intensity of greenhouse gas emissions, for the purposes of communications made by suppliers, pursuant to Article 7-bis, par. 2, of the Legislative Decree 21 March 2005, no. 66;
  • Decree of the Ministry of the environment and protection of the territory, 14 April 2017 -regulating the conditions of access to the increase of the incentive provided by the Decree 6 July 2012 for the production of electricity from plants fueled by biomass and biogas; 
  • Ministerial Decree 23 June 2016, no. 100956 - The decree has the purpose of supporting the production of electricity from renewable sources through the definition of incentives and simple access methods, which promote the effectiveness, the efficiency and sustainability of incentive charges to an appropriate extent in pursuit of the objectives set in the national energy strategy as well as the gradual adaptation to the guidelines on state aid for energy and the environment set out in the communication from the European Commission (2014 / C 200/01). The incentives concern, in particular, the totally redone plants and those that use advanced technologies.
  • Legislative Decree 4 July 2014, n. 102 on «Implementation of Directive 2012/27 / EU on energy efficiency, which amends directives 2009/125/EC and 2010/30/EU and repeals directives 2004/8/EC and 2006/32/EC». The "National Fund for Energy Efficiency" has been established at the Ministry of Economic Development. The Fund is revolving in nature and is intended to support the financing of energy efficiency interventions, also carried out through ESCOs, the use of forms of public-private partnership, project or purpose-based companies specifically set up, through two sections intended respectively to:
  1. a)    the granting of guarantees, on individual transactions or on portfolios of financial transactions;
  2. b)    the disbursement of loans, directly or through banks and financial intermediaries;
  • Decree of the Ministry of the environment and protection of the territory, 29 March 2018, Methods of verifying the conditions for the recognition, in the framework of incentive schemes for renewable energy sources, of prizes and special rates for geothermal plants that use advanced technologies with high environmental performance. The decree regulates the procedures for verifying and communicating compliance with the conditions envisaged for the recognition of the prizes and prize tariffs to geothermal plants pursuant to Art. 27 of the ministerial Decree of 6 July 2012 and in particular: a) the premium for the total reinjection of the geothermal fluid in the same formations of origin and in any case with zero emissions, referred to in paragraph 1, letter a); b) the premium for high enthalpy geothermal power plants capable of reducing, also the following refurbishment, at least 95% of the level of hydrogen sulfide and mercury present in the fluid entering the production plant, referred to in paragraph 1, letter c); c) the premium tariff for geothermal plants that make use of advanced technologies that are not yet fully commercial.
What measures are national financial institutions (incl. banks, pension funds, asset management companies and insurance companies) aimed at reducing the GHG emissions of their customers?
  • Report of the National Dialogue of Italy for sustainable finance (Ministry of the Environment, 2016): The National Dialogue has identified several signs of change in Italy, in the banking, insurance, managed savings, capital market and public finance sectors, which include, among others:
  1. Banks: according to the Banking and Green Economy Observatory, led by the ABI, Italian banks have provided loans in support of projects for the production of energy from renewable sources for around € 27 billion between 2007 and 2014, of which € 18 billion for photovoltaic solar. Energy efficiency investments have great potential, especially in the real estate sector, but face numerous obstacles;
  2. Capital market: in the international ranking on the most transparent stock exchanges as regards sustainability, Borsa Italiana was 19th out of 45 in 2016, improving by 11 positions compared to the previous year. In terms of earnings from companies involved in the green economy, Borsa Italiana ranks tenth on a global scale. In addition, numerous innovative tools have been developed to encourage access to financial markets by SMEs. Currently, € 738 million are invested in bonds in Italy to support projects to combat climate change;
  3. Institutional investors: at the end of 2015, assets managed with sustainable and responsible investment (SRI) criteria totaled € 616 billion, equal to approximately 6% of the European SRI market.
  4. Insurance: more than 22% of the Italian insurance market is represented by companies that have subscribed to the Principles for Sustainable Insurance, promoted by the United Nations;
  5. Public Finance: Cassa Depositi e Presititi, National promotion Institute, has placed sustainable development
  • Green mortgages, subsidized loans for buying, built and renovate sustainable homes (Banco Bpm, Bnl-Bnp Paribas, Bper Banca, Crédit Agricole-Cariparma, Friulovest Banca, Monte dei Paschi, Société Générale-subsidiary Italian, UniCredit and Volksbank Alto Adige).
  • Article 64 of the Decree-Law no. 76/2020 (the so-called “Simplifications” Decree-Law) provides simplifications for the granting of funding guarantees related to the so-called green new deal projects. More in particular, the "Simplification" Decree Law has assigned SACE S.p.a. a central role in supporting the Italian “Green New Deal”. The green guarantees are intended to finance projects aimed at facilitating the transition to an economy with a lower environmental impact, integrating production cycles with low-emission technologies for the production of sustainable products and services, and promoting new mobility with lower polluting emissions. Funding available for 2021 to cover the "Green New Deal" guarantees is equal to EUR 2,500 million.
Are there prominent national climate change litigation cases in your country? If so please provide a short description (e.g. plaintiffs/defendants, public or civil law based, etc.).

Not available 

Climate change policies, measures or legislation (other than those covered by the questions above)

None

Lex Mundi Global Climate Change Guide

Italy

(Europe) Firm Chiomenti

Contributors Filippo Brunetti

Updated 30 Apr 2021