FER 1 – GSE: no incentives for plants built on closed and restored quarries and landfills

Prepared by EnergyTeam

The Gestore dei Servizi Energetici – GSE S.p.A. (“GSE”) clarified in relation to the possibility to access the incentives for the plants built on the ground on: (i) closed and restored landfills and landfill lots; (ii) quarries not susceptible of (further mining exploitation; (iii) reclaimed areas that, after restoration, environmental recovery and/or reclamation, are used for agricultural purposes.

In particular, GSE pointed out that “the prohibition of access to state incentives for plants with modules placed on the ground in agricultural areas, also applies to physically constructed plants” on the areas described above.

This clarification does not constitute a novelty, but rather a confirmation of the position already taken by Legambiente, GSE itself and other sector associations after the entry into force of the Ministerial Decree of 4 July 2019 (the “Decreto FER 1“) as well as what is expressly contained in Paragraph “3.1.7 Photovoltaic systems with modules placed on the ground” of the Operating Regulations for access to the incentives of the Decreto FER 1, which, in turn, refers to the provisions of art. 65 of the Law Decree 24 January 2012, n. 1, converted with amendments by Law 24 March 2012, n. 27 aimed at preventing access to the state incentives referred to in Legislative Decree 3 March 2011, n. 28 for photovoltaic solar power plants with modules placed on the ground in agricultural areas.

Therefore, GSE has confirmed the validity of a rule that has concretely prevented the achievement of one of the purposes that the same Decreto Fer 1 seemed to set itself, namely the recovery of abandoned quarries and other environmentally compromised sites, through the possibility of hosting plants powered by renewable sources.

This has also been confirmed by the results of the first procedure (auctions and registers) of the Decreto Fer 1, in which no applications were received from owners of plants built on former quarries or landfills.

The reasons for these results derive from the fact that the construction of plants in disused quarries and former landfills is only possible in isolated cases, given that most of the quarries and/or landfills on Italian territory are located on land that is still used for agricultural urban planning purposes and therefore suitable to prevent the virtuous use of these areas for energy purposes.

The Energy Team is available for any need and/or clarification.

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