Environment Decree: availability of land for the presentation of the EIA hinders RES plants

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Emma Potter

What does the article of the Environment Legislative Decree establish

THE’art. 1, paragraph 2 of the Legislative Decree 17 October 2024, n. 153reads:

“For energy production projects from renewable sources, the proponent attach to the EIA request referred to in article 23 of legislative decree no. 152 of 2006 also one declaration certifying legitimate availabilityin any capacity, of the surface area and, if necessary, of the resources necessary for the realization of the projects themselves.”

Let’s remember that the GOby definition, has the purpose of ensure that human activity is compatible with the conditions for sustainable development, and therefore respecting the regenerative capacity of ecosystems and resources, the protection of biodiversity and a fair distribution of the advantages connected to economic activity.

In the Environment Legislative Decree a fatal blow for renewables

The recent provision contained in the Environment Legislative Decree, if it were not repealed, would lead to a blockade of renewable sources such as to make any effort to achieve the objectives that the Italian Government itself has undertaken at the Community level in vain.

In fact the recent art. 1), paragraph 2)states that proponents of RES projects will have to attach evidence of the availability of the land to the EIA request (therefore in the initial phase of the authorization procedure). The principle is obviously clear to everyone and already exists as Renewable Source operators are required to have such availability before the conclusion of the procedure, but anticipating this availability at this stage is a contradiction which among other things risks being useless.

In fact, during the EIA (Environmental Impact Assessment) procedure, movements of the wind turbines and cable ducts are requested, based on the specific requests of the entities responsible for reducing the impacts of the plants.
Among other things, this provision would put entrepreneurs in the situation of having to acquire the land before starting the procedurewith increase in costs a first time, then having to reacquire them after the definitive identification of the positions with a further enormous outlay.

Furthermore, the inclusion of this procedure changes it would block new projects that they would have to acquire such land from the beginning with an increase in their costs which, from the market value, would see their cost rise enormously with a consequent increase in the cost of the energy produced.

Today this forecast, added to that envisaged in the TU for the RES you want repeal the possibility of activating expropriation enabling procedures only for these types of public utility works, it risks being fatal for the sector and making the decarbonisation objective that Italy has definitively unattainable.

What does ANEV do?

ANEV – National Wind Energy Association – is the environmental protection association, recognized pursuant to Law 8 July 1986 n. 349established in July 2002 which brought together over 100 companies representatives of the national wind sector in Italy and abroad, including producers and operators of electricity and technology, plant engineers, designers, engineering and environmental studies, electrical traders and developers who operate in compliance with the Association’s rules and regulations.

ANEV is the Italian Association adhering to the corresponding European and World associations such as WWEA-GWEC-WindEurope, it also adheres to ASVIS, UNI, CEI, AIEE, is a member of the FREE Coordination, of the Foundation for Sustainable Development of the National Council of Green Economy and the Kyoto Club.

Among the aims of the Association is that of contribute to the promotion and use of wind power in a balanced relationship between settlements and nature, as well as that of promoting research and technological development aimed at the use of the wind resource and the rational use of energy, as well as the dissemination of correct information based on real data.

The objective of reconciling the development of clean energy production with the necessary protections of valorisation and protection of the territory has led ANEV to undertake a close collaboration with the main environmental associations which has led to the signing of a Memorandum of Understanding with LEGAMBIENTE, WWF and GREENPEACE aimed at spreading wind power while protecting its correct insertion into the landscape.

ANEV places itself, thanks to its specific experience and the high professionalism of its members, as the privileged interlocutor in the desired process of collaboration with the institutions and with all information bodies sensitive to environmental issues and interested in the dissemination of an correct narrative based on the scientific analysis of the data released. Furthermore, ANEV has signed a Protocol with UIL, aimed at supporting the development of wind energy in our country and implementing specific initiatives to enhance employment and training aspects.