[Stefano Deliperi]
The Regional Council chaired by the Hon. Alessandra Todde approved the resolution no. 11/3 of 30 April 2024Bill concerning “Urgent measures for the protection of the landscape, landscape and environmental assets” (here the relation).
“At the moment there is a wild west and a regulatory void, we have taken some time to put in place rules and to be able to negotiate with the State, both with regards to the identification of suitable areas and for the opening of the revision of the landscaping which is a concurrent competence with the State“, Like this has explained the President of the Autonomous Region of Sardinia Alessandra Todde explained the objective of the stop for 18 months: “it is not a moratorium, but a suspension” to the construction of energy production plants from renewable sources in Sardinia.
A stop”not so much the authorizations, because the investigations are a national responsibility, but rather their implementation and implementation“.
In reality, therefore, there was none stop the wild west of the over 800 projects presented for almost 58 GW of power (almost 30 times the power of the plants currently existing in Sardinia, 7 times the 2030 objective established at the EU level). There has been the approval of a bill which will have to follow the usual process in the Regional Council for its possible approval in the final text that the Council Chamber will decide.
The bill provides “the ban on building new electricity production and storage plants from renewable sources that directly affect land occupation” also for “plants for the production and storage of electricity from renewable sources whose authorization or concession procedures are underway at the time of entry into force of this law” (art. 2) pending the decrees of the Ministry of the Environment and Energy Security which identify the suitable and unsuitable areas for the installation of such systems (directive no. 2018/2001/EU, art. 5 of law 22 April 2021, n. 53) and the subsequent adjustment of regional landscape plan (PPR)in any case no later than 18 months.
In truth, it’s not about roses and flowersbeyond some enthusiastic comments.
First of all, nothing is said about the numerous wind farm projects offshore and it does not appear that the prediction of what is known was adequately taken into account art. 20, paragraph 6, of legislative decree no. 199/2021according to which “pending the identification of suitable areas, moratoriums or suspensions of the terms of the authorization procedures cannot be established”.
Constitutional jurisprudence has been extremely clear in attributing to the State the issuing of the fundamental principles of the “energy” matter, including the provisions regarding the identification of suitable and unsuitable areas for the location of plants, the preparation of a single authorization for the construction and operation of the same plants, subject to agreement at the State – Regions – Autonomous Provinces Conference (see Constitutional Court ruling n. 27/2023; Constitutional Court ruling n. 11/2022; Constitutional Court ruling. n. 177/2021; Constitutional Court ruling n. 106/2020). In particular, the Statethrough the regulation of procedures for the authorization of energy production plants from renewable sources, it has introduced principles that … do not tolerate exceptions throughout the national territory” (judgments no. 286 of 2019, no. 69 of 2018 and no. 99 of 2012; in the same sense, sentence no. 177 of 2021)”.
A regional law that provides for a moratorium on procedures or the suspension of authorizations for wind and photovoltaic power plants on its regional territory would very likely be challenged once again due to conflict of powers (art. 127 Constitution.) by the State before the Constitutional Court with quite predictable outcomes.
Not only.
The stop proposed would be “not so much the authorizations, because the investigations are a national responsibility, but rather their implementation and implementation“: this means that a project could be authorized, but could not be actually implemented, resulting in the obvious initiation of compensation actions against the Region.
As you can see, the perplexity (to say the least) on a legal level they are not few and not even of little importance.
A legally viable solution, however, appears to be that of national moratoriuma suspension of any procedure and authorization for new energy production plants from renewable sources.
The autonomous region of Sardinia is coordinator of the Environment and Energy Commission of Permanent Conference of the Regions and Autonomous Provinces (resolution of 31 March 2016, see Sardinia regional council resolution n. 37/26 of 21 June 2016): at that time a proposal can be approved national moratorium to bring to Permanent State Conference – Regions and Autonomous Provincesso as to make it a nationally effective measure.
A national moratorium it would be more than justified.
We remind you that throughout the national territory the connection requests for new systems presented to Terna spa (manager of the national electricity grid) as of 31 March 2024 there were a total of 5,678, equal to 336.38 GW of power, divided into 3,642 requests for energy production systems from solar sources for 144.84 GW (43.06%), 1,897 requests for energy production systems from onshore wind sources for 101.14 GW (30.07%) and 139 requests for energy production systems from offshore wind sources for 90.41 GW (26.88%).
The Special Superintendence for the PNRR, a body of the Ministry of Culture, after in-depth evaluations, has clearly and clearly highlighted that “a comprehensive action is underway for the construction of new plants from renewable sources (photovoltaic/agrivoltaic, onshore and offshore wind) … at a national level, where requests for connection to the NTG for new plants from renewable sources has reached the overall value of approximately 328 GW compared to the FF55 2030 target of 70 GW” (Supr. note PNRR prot. n. 51551 of 18 March 2024), i.e. 4.7 times the objective set at European level.
And it’s really one national moratorium the objective of the petition Yes to renewable energy, no to energy speculation! promoted by the ecologist association Gruppo d’Intervento Giuridico (GrIG) which has already received more than fifteen hundred signatures in less than 24 hours
No citizen who wants to defend the own environment and the own territory, while simultaneously safeguarding one’s own walletcan wash your hands.
What is happening today in Italy in the context of energy transition it is giving substance to the worst nightmares about the fate of our woods, fields, meadows and historical landscapes Beautiful country.
The sacrosanct transition to the use of renewable energy sources (sun, wind, water) from traditional fossil sources (coal, oil, natural gas) in the absence of planning and even simple common sense is favoring the worst energy speculation.
It’s time for each of us to make our voice heard: sign, spread and get the message signed popular petition for the national moratorium on authorizations for new energy production plants from renewable sources!
The popular petition, promoted by the ecological association Gruppo d’Intervento Giuridico (GrIG), can be signed here https://chng.it/MNPNNM9Q62.
Stefano Deliperi is the spokesperson for the Legal Intervention Group (GrIG)
This article was published on Saturday, 4 May 2024 at 08:09 and classified in Environment. You can follow comments on this article via the RSS 2.0 feed. You can post a comment, or trackback from your site.
