Energy Account – PV Plants > 3 kW: the GSE updates the procedures for submitting applications regarding the revision of incentive tariffs

Prepared by Energy Team

The Gestore dei Servizi Energetici – GSE S.p.A. (the “GSE”) published a news alert concerning the beneficiaries of feed-in tariff incentives and owners of photovoltaic plants (“PV Plant(s)”) with a nominal power higher than 3 kW, whose tariff, following a GSE’s inspection, has been revoked due to the installation on the relevant PV Plants of modules not certified or with certifications not compliant with the relevant legislation (the “News”).

Article 13-bis of Law Decree no. 101 of 3 September 2019, (the “DL 101/2019”) read in coordination with the provisions Law no. 128 of 2 November 2019 (amending Article 42 of Legislative Decree no. 28 of 3 March 2011, (the “DLgs 28/2011”)), has amended the provisions relating the revocation of the tariff for non-compliant modules, by replacing the full revocation with a reduction of a ten percent of the tariff granted, provided that the owner of the PV Plant has taken legal action against the supplier of the relevant modules. It should also be noted that the reduction is lowered to five percent of the tariff should the owner of the PV Plant(s) self-declare the non-compliance of the modules.

Such provisions have followed those introduced by Article 57-quarter of Law no. 96 of 21 June 2017, which provided for reductions, respectively, of a twenty and a ten percent of the tariff granted.

In the light of the above, the GSE has updated the procedures for the submission of the applications for the revision of the tariff, specifying also that such applications must be sent in form a self-declaration (dichiarazione sostitutiva di atto di notorietà), as per Annex 1 below.

In addition, if the non-compliance of the modules has been self-declared, the owner of the relevant PV Plant must submit a different application, always in form a self-declaration (dichiarazione sostitutiva di atto di notorietà), as per Annex 3.

In both cases, the beneficiary of the tariff shall provide evidence of:

  • having taken any legal action permitted by the law against the supplier of the non-compliant modules;
  • the effective compliance of the installed modules with the technical requirements and their perfect functionality and safety, as per indication of Annex 1.

The GSE also points out that the tariff reductions provided by Article 13-bis of DL 101/2019 apply as well to the PV Plants which have already been subject to the previous reductions of twenty (or ten) percent under Article 57-quater of Law no. 96 of 21 June 2017. In order to benefit of the lowered reductions, those interested shall send a supplementary application (also in this case, in form a self-declaration (dichiarazione sostitutiva di atto di notorietà)as per Annex 2 and Annex 2 BIS (as the case maybe) within 30 June 2020, under penalty of suspension of the tariff.

Documents attached:

  1. Nota relativa alla documentazione tecnica che dimostri la sostanziale ed effettiva rispondenza dei moduli installati ai requisiti tecnici e la loro perfetta funzionalità e sicurezza”;
  2. Modulo 1”;
  3. Modulo 2”;
  4. Modulo 2 BIS”;
  5. Modulo 3”.

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Tommaso Tomaiuolo

PwC TLS Avvocati e Commercialisti


Federica De Luca

PwC TLS Avvocati e Commercialisti

Senior Manager

Daniele Archilletti

PwC TLS Avvocati e Commercialisti