In recent years, Italy's gross domestic product has increased by about 0.8 per cent, and the demand for electricity and gas has followed the same trend.
In particular, with regards to the electricity market, we have witnessed an increase in both demand (by almost 1.5 per cent) and net imports, an increase that has been largely possible thanks to the support of the thermoelectric sector, whose electricity production has risen by nearly 9 per cent.2
An important part of electricity consumption is also covered by renewable energy sources. In 2016, the Energy Services Manager (GSE) received €15.9 billion for the incentivisation of green energy. Furthermore, Italy reached the target set by the European Union on the percentage of final electricity consumption generated from renewable sources (17.1 per cent), surpassing this goal in 2015 (17.5 per cent) and again in 2016 (17.6 per cent).3
The amount of electricity purchased on the Day-Ahead Market (MGP), as well as on the stock exchange, has also increased.
The number of sellers in the end-user market has been expanding since 2008. As in the past, the safeguarded service has declined in terms of both the power supply and the number of customers served, to the advantage of the free market. The switching activity in recent years has also been lively.
Like the electricity market, the gross domestic consumption of natural gas is on the rise, as well as the net imports.
However, the downward trend of the production of natural gas still continues. Therefore, since the increase in imports was higher than the consumption, the level of dependence on imports from abroad is growing.
Once again, as has been the case for many years, the number of companies that have operated in the wholesale market has continued to grow.
The only market other than those managed by the Energy Market Manager (GME), which is actually used by operators, and on which a significant and consistently growing liquidity is registered, is the natural-gas balancing platform division (PB-GAS), dedicated to daily balancing.
Despite the modest growth in sales on the final market, the number of active vendors in this segment of the industry has recorded a significant increase.
Looking exclusively at the sales on the free market, the sectoral volumes have shown a marked rise in domestic electricity consumption. On the other hand, very marked losses in terms of both customers and volumes4 have been recorded on the safeguarded market.
i The regulators
The energy market is regulated by the entities given below.
The Ministry of Economic Development (MISE)
Organised in four different departments, MISE is responsible for all the authorisation procedures of state competence and for the enforcement of all statutes and regulations concerning the energy sector. Within the Energy Department of the above-mentioned Ministry, a very important role in the energy sector is performed by the Commission on Hydrocarbon and Mineral Resources, which carries out an advisory function for all activities connected with the research, production and exploitation of hydrocarbons.
The Regulatory Authority for Electricity Gas and Water (AEEGSI)
Law No. 481 of 14 November 1995 set up the AEEGSI to protect the interests of consumers, promote completion and ensure efficient and profitable nationwide services with satisfactory quality levels for users.
Aside from its main regulatory functions (it defines the tariff-system for the use of infrastructure, ensures free access to the gas and electricity grid and promotes investments through incentives), the AEEGSI also plays an inspective role (it is granted the power to impose administrative sanctions in case of non-compliance with its provisions, aimed at ensuring the transparency of service conditions and promoting the rational use of energy).
To fulfil these activities, the AEEGSI is supported by the Antitrust Authority to ensure the implementation of the rules on free competition in the energy market.5
Furthermore, the AEEGSI plays an advisory role to the parliament and may issue proposals and reports (see the report published annually about the state and the activity of the energy supply sector).6
The Compensation Fund for the electricity sector (CCSE)
The CCSE is a non-economic public body established through Provision No. 941, approved by the Interdepartmental Committee on Prices on 1 September 1961. It collects certain tariff components payed by the industry operators, which are then stored in management accounts in favour of the businesses.7
Energy Services Manager (GSE)
The GSE is a public limited company, established by Legislative Decree No. 79 of 16 March 1999, with the function of promoting renewable energy sources in Italy, mainly through the distribution of economic incentives and information campaigns aimed at spreading the culture of environmental protection in the energy field.8
Energy Market Manager (GME)
The company GME, wholly owned by the GSE, was established by Legislative Decree No. 79 of 16 March 1999. It is responsible for organising and managing the electricity, natural gas and environment markets, respecting neutrality, transparency, objectivity and competition criteria.9
ii Regulated activities
With regards to the electricity market, its deregulation arose after the approval of Legislative Decree No. 79 of 16 March 1999, which established that the production, importation, exportation, purchase and sale of electricity are completely free.
The transmission and dispatching of electricity, however, continue to be under the monopoly of the state. More specifically, while a single operator (Terna SpA) runs long-distance energy transmission, the distribution of electricity to consumers was deregulated and carried out by several operators. Regardless, the distribution was given under concession to a single operator (a natural monopoly).10
As for the gas market, deregulation was achieved as a result of Legislative Decree No. 164 of 23 May 2000 (Letta Decree), which recognised that no licence is generally required for the production, import and sale of natural gas. Storage, transport and distribution activities are operated under a concession regime.
The development and construction of new facilities (e.g., transmission lines, power plants and gas storage facilities) require prior authorisation under state and regional legislation, in order to ensure compliance with, inter alia, health and safety standards, environmental protection and existing infrastructure.11
iii Ownership and market access restrictions
There are no restrictions on ownership of new and existing assets, service providers or licence holders. The only ones are those - in relation to mergers and acquisitions - that antitrust authorities may impose on operators in order to comply with competition rules.
iv Transfers of control and assignments
By Decree-Law No. 21 of 15 March 2012, Italy issued an innovative framework describing the intervention powers reserved to the state in the case of corporate transactions involving businesses operating in the energy sector.
Specifically, the Decree establishes that any decision, act or measure taken by a company owning one or more national interest energy networks (i.e., any changes in the ownership, control, use or availability of energy assets, the merger or demerger of the company, the transfer abroad of its registered office, the change in the company objects, the dissolution of the company and the transfer of whole or parts of the company) must be notified within 10 days to the Presidency of the Council of Ministers.
Within 15 days from the notification, the government may veto the aforementioned decisions, acts and measures, if they constitute an exceptional threat of serious prejudice to national interests. Once this period has passed, the operation can be carried out.
Finally, in the event of purchases of shares of the aforementioned companies by a non-EU person or body, the condition of reciprocity is to be respected.
III TRANSMISSION/TRANSPORTATION AND DISTRIBUTION SERVICES
i Vertical integration and unbundling
The unbundling obligations on vertically integrated energy operators represent one of the main regulatory instruments adopted by Italy in order to impose impartiality and neutrality in the management and development of the energy infrastructure network, which is a natural monopoly market system (the ‘essential facility').
With regard to the electricity transmission grid, there was a first phase, in which an independent system operator managed the network,12 and then there was a second phase, consisting of the ownership unbundling (OU) through a preliminary privatisation procedure of the vertically integrated Enel Terna SpA.13 Legislative Decree No. 93/2011 has imposed the independence of the transmission system operator in terms of its organisation and decision-making powers from other activities (generation, distribution and sales).14
With reference to the gas transportation pipeline, in 2012 the vertically integrated company ENI SpA adopted an independent transmission operator model: it owned the gas network while keeping control of the service provider company (Eni Snam Rete Gas SpA).15 In 2013, the said model was replaced by an OU system, as certified by the AEEGSI via Resolution No. 515/2013.16
The electricity and gas distribution is regulated as a territorial monopoly, meaning that a public tender for the concession of the distribution service to a single operator in each minimum geographical area must be held.
However, in the electricity sector, such tenders shall start no earlier than 2030, because of the legislation aimed at restricting the service to the current operators (Enel Distribuzione and other companies), on the basis of the concessions issued by 31 March 2001 by the Ministry of Economic Development (MISE), which are valid until 31 December 2030.17
In the gas sector, the Letta Decree (Legislative Decree No. 164/2000) gave local authorities the power to award the service through public tenders for a maximum of 12 years after the ending of the transitional period, during which the current concessions shall remain in force.18
By Resolution No. 296/2015/R/com, the AEEGSI has eventually imposed upon electricity and gas distribution network providers both the functional separation (unbundling) and the separation between brand and communication policy (debranding), as well as the integrated information system for the provision of commercially sensitive information.
ii Transmission/transportation and distribution access
All network operators must ensure that any interested service provider has access to the transmission and distribution networks of gas and electricity. At the same time, the third-party access (TPA) must not affect the continuity and safety of the transmission and distribution service.
In this context, AEEGSI has the task to identify the most suitable criteria in order to guarantee freedom and equal terms of access to the network for all applicants. The same regulation obliges network managers to adopt codes of good practice in compliance with the abovementioned criteria.
With reference to the electricity sector, the AEEGSI issued the ‘integrated text of active connections - technical and economic conditions for the connection to electricity grids with the obligation to connect third parties',19 which is valid for both the transmission and distribution networks.
Moreover, pursuant to the Decree of the President of the Council of Ministers dated 11 May 2004, on 1 November 2005 the Terna Grid Code came into force, with prior approval by both the AEEGSI and the MISE.20
Furthermore, the AEEGSI has established an alternative disputes resolution (ADR) procedure by Resolution ARG/elt 123/08, which provides that the Authority shall decide on disputes over rights of access to the network. This ADR system is currently regulated by Resolution 188/2012/e/com.
Finally, it is also noteworthy that Law No. 239/2004 has exempted from TPA all private operators that promote investments on the network, in order to enable them to carry out trading activities through the infrastructure use (the ‘merchant lines').
The Ministerial Decree dated 21 October 2005 sets forth the competitive criteria for the granting of the exemption, which are evaluated by the MISE. However, the European Commission carries out the final assessment.
In accordance with a pro-competition regulatory strategy, the AEEGSI predetermines the rates for transmission/transportation and distribution of electricity and gas through a pricing mechanism based on a balance between the several interests at stake (network maintenance, promotion of investments, safety and efficiency of the network, environmental protection and accessible costs for the customers).
With respect to the electricity market, on 23 December 2015 the AEEGSI adopted the ‘Pricing Regulation on transmission, distribution and metering of the electric power, for the period 2016-2023' (Deliberation No. 654/2015/R/eel).
As regards the gas market, through Deliberation No. 514/2013/R/gas on 14 November 2013, the Authority issued the ‘Pricing criteria for the rates of transportation and dispatching of natural gas for the period 2014-2017' (RTTG).23
However, in 2014, the Regional Administrative Court (TAR) of Milan partially voided the RTTG, in so far as it did not comply with Article 38.2 bis of Decree-Law No. 83/2012.24 In 2015, the Council of State upheld the TAR judgment.25 Therefore, the AEEGSI has commenced the proceeding aimed at modifying the regulation in compliance with the Council of State's ruling.26 The 2016 pricing proposals regarding the tariffs for gas transportation and dispatching and the metering service were temporarily approved on 11 December 2015.27
Furthermore the Authority approved the tariff regulation28 for the gas distribution service, whose validity was extended until the end of 2019.29 The distribution and metering tariff is aimed at guaranteeing the coverage of distribution service costs (VRD). In particular, the VRD covers:
- a the centralised investments in fixed assets;
- b the amounts invested in each distribution area; and
- c the operating costs related to distribution.
Furthermore, Law No. 290/2003 introduced a price cap incentive. This mechanism has imposed a profit restriction based on the harmonised rate of growth of consumer prices for a certain number of years. Within the boundaries of this restriction, each operator is free to determine the rate
iv Security and technology restrictions
Legislative Decree No. 61/2011 sets forth the criteria for the identification of European critical infrastructure. In the energy sector, such infrastructure are then concretely identified by the MISE.
A fundamental element for the security of electrical infrastructure is to ensure the continuity of the service, measured by the ‘energy not supplied' indicator.
The regulation of the quality of the natural gas transportation service in terms of security, continuity and commercial quality in the period 2014-2017 is governed by Resolution No. 602/2013/R/gas.
Furthermore, Part I of the Consolidated Law on ‘Regulation of the quality and the tariffs of distribution and gas metering services over the period of 2014-2019'30 regulates certain activities relevant to the safety of the gas distribution service. Such regulation is intended to minimise the risk of explosions and fires caused by the gas distributed, and therefore its ultimate goal is to protect people and property from damages due to accidents caused by gas.
In addition, by Resolution No. 255/2015/R/eel of 29 May 2015, the AEEGSI has taken the first steps for the regulation of the cyber security of the ‘smart grid' (intelligent distribution network). The AEEGSI is participating in a workgroup organised by the Council of European Energy Regulators, specifically set up in order to better identify the boundaries of this topic and the role played by the regulators. At the moment, there is no specific regulation, and other institutions are responsible for the cybersecurity of the country.31
IV ENERGY MARKETS
i Development of energy markets
As previously mentioned, the GME manages the Italian energy market (the Italian Power Exchange, or IPEX) on which electricity is sold and bought wholesale.
More specifically, the GME organises and manages:
- a the Forward Electricity Market;
- b the Daily Products Market in which continuous negotiations take place;
- c the MGP, organised in the form of auctions; and
- d the Intraday Market, with auctions, divided into five sessions.
On behalf of the Italian grid operator (Terna SpA), the GSE also manages both the Ancillary Services Market through which it collects offers and communicates the results, as well as a platform registering the transactions carried out over the counter. On this platform, the parties that have concluded contracts outside the IPEX register their trade obligations and set forth the relevant electricity input and output plans, committing to perform these contracts.32
With the entry into force of Law No. 99 of 23 July 2009 (laying down provisions for the development and internationalisation of companies, as well as relating to energy), the GME was entrusted with the organisation and economic management of the natural gas market on an exclusive basis. The GME gas markets include:
- a the natural-gas trading platform (P-GAS);
- b the natural-gas market (MGAS); and
- c the natural-gas balancing platform (PB-GAS).
ii Energy market rules and regulation
The Italian Power Exchange is regulated by the Decree of the Ministry of Economic Development approved on 19 December 2003 (as subsequently amended by the Ministerial Decrees approved on 1 December 2005, 15 June 2007, 8 January 2008, 16 July 2008, 17 September 2008, 16 October 2009, 24 November 2009, 1 April 2011, 19 December 2011, as well as by the AEEGSI Opinion No. 8 of 26 May 2009).
The gas markets are regulated by the Decree of the Ministry of Economic Development approved on 6 March 2013 (as subsequently amended by the Ministerial Decrees approved on 21 May 2014, 9 June 2015, 25 February 2016 and 11 May 2016).
The electricity markets, M-GAS, P-GAS and PB-GAS each have their own market and technical rules. The market rules include the criteria and procedures for the admission of new participants, the trading and settlement rules, as well as the sanctions and sanctioning procedures in the event of a breach of market rules. The GME is generally responsible for the oversight of market operations, as well as for the enforcement of market rules.33
iii Contracts for sale of energy
Regarding the market at wholesale level, bilateral contracts for the sale of electricity and gas - which must be in compliance with the technical requirements provided by the GME - are not subject to restrictions.
At the retail level, since 2007 (for electricity) and 2003 (for gas), all customers can freely enter into contracts for the purchase of gas or power from sellers that meet certain minimum requirements.
Given that the power and gas sellers must comply with certain specific rules on transparency and fairness of information to customers, under the supervision of the AEEGSI, each user is essentially free to choose the energy seller that applies the best contractual and tariff conditions in relation to its individual case (the ‘free market').
However, to date, until 1 January 2018 (see below), consumers also have the possibility to avail themselves of the safeguarded market for the supply of electricity and gas. This market guarantees the application of the prices laid down by the AEEGSI, which updates the reference values used to calculate the rates applied to residential and non-residential consumers each trimester.
iv Market developments
Government Bill No. AS 2085 (which is still in the process of approval) provides for the elimination of the safeguarded service and the full liberalisation of the electricity and gas markets at the retail level, starting from 1 January 2018.
At the same time, when the full liberalisation process is completed, according to a recent proposal operators of the energy market will compete through tender rules for the acquisition of customers that have not yet completed the switching to the free market (at the time of writing this rule is still under discussion in parliament).
To facilitate the transition from the aforementioned safeguarded service to the free market, the AEEGSI has set up a transitional regime pursuant to which, from 1 January 2017, users can enter into a contract for the supply of electricity and gas with a maximum duration of 12 months. Although based on the free market, this contract provides for contractual conditions imposed by AEEGSI for all operators. The economic conditions are very similar to those of the safeguarded service, but with an additional one-time bonus, differing from supplier to supplier.34
V RENEWABLE ENERGY AND CONSERVATION
i Development of renewable energy
In Italy, there are multiple incentive mechanisms for renewable energy plants, such as monetary economic instruments (e.g., the feed-in tariff35 and the feed-in-premium36) and quantitative economic instruments (Green Certificates, albeit now abolished).37
With regard to the construction of installations for the production of electricity from renewable sources, Legislative Decree No. 387/2003 has introduced a new simplified authorisation procedure, namely, the single authorisation issued by regions or provinces to modify town-planning regulations.
In addition to the authorisation regulated by Decree No. 387/2003, Decree No. 28/2011 has introduced the simplified authorisation procedure, which replaces the declaration of commencement of activity. Moreover, with reference to particular types of installations that do not require any building permit, the law requires a simple notice to the Public Administration.
Finally, the electricity generated from renewable energy sources is granted priority access to the transmission and distribution grid. The connection fees for renewable energy are lower than those applied to conventional production plants, and the producer of renewable energy may also decide to build all the facilities for the connection to the network by himself or herself, without having to pay any costs.38
ii Energy efficiency and conservation
The Italian efficiency incentive system comprises a variety of mechanisms.
- a in the energy saving sector, the ‘White Certificates' certify the achievement of energy savings through energy efficiency initiatives and projects;
- b the Ministerial Decree of 16 February 2016 has provided funds for energy redevelopment interventions, such as thermal insulation of matt surfaces, window replacement or the installation of condensation heat generators in lieu of traditional air-conditioning systems;
- c Law No. 232/2016 has extended the duration of tax deductions for energy redevelopment projects up to 31 December 2017. Through this incentive mechanism, building owners can deduct 65 per cent of the expenses, whereas apartment owners can deduct 70 per cent;
- d Legislative Decree No. 20/2007 has implemented European Directive 2004/08/EC on cogeneration. Said Decree has introduced the CAR qualification,39 which is awarded by the GSE if energy production reaches at least 50MWh/year. This qualification gives access to the White Certificates, under the terms and conditions established by the Ministerial Decree dated 5 September 2011.
iii Technological developments
Following the smart grid pilot projects carried out by several operators in Italy since 2011,40 the MISE recently established a state aid programme aimed at supporting investments for the construction of intelligent electricity distribution networks.41 Regulation (EU) No. 651/2014 of 17 June 2014 has laid down the rules for specific regional aid programmes.
The aforementioned ministerial decree provides the legal framework for all national or regional administrations that intend to make public investment tenders, in order to promote the upgrading and optimisation of the electrical network in the assisted areas of the country.
As for second generation smart metering (2G) (i.e., the systems that enable the remote reading and control of electricity, gas and water meters), in the electricity sector the AEEGSI has recently approved the recognition of costs for low voltage electricity metering, in addition to commissioning provisions42 and functional specifications.43
In the gas sector, the AEEGSI has finally updated the commissioning requirements of smart gas meters up to 2018.44
VI THE YEAR IN REVIEW
The key developments in legislation in the energy sector in 2016 and 2017 include:
- a MISE Decree dated 13 March 2017, amending the rules of the natural gas market;
- b MISE Decree dated 14 February 2017, which defines natural gas storage for the period 2017-2018;
- c MISE Decree dated 29 December 2016, which allows a 30 per cent reduction in electricity expenses for economically disadvantaged consumers;
- d Law No. 232 of 11 December 2016, which has extended the duration of tax deductions for energy redevelopment projects up to 31 December 2017 (see the paragraph on energy efficiency and conservation);
- e MISE Decree dated 19 October 2016, establishing a state aid programme aimed at supporting investments for the construction of intelligent electricity distribution networks (see the paragraph on technological developments); and
- f MISE Decree dated 23 June 2016, regarding the incentives for the production of electricity from renewable source plants other than photovoltaic ones.
VII CONCLUSIONS and OUTLOOK
In conclusion, to look at the development prospects of the energy market, it is necessary to refer to AEEGSI Resolution No. 3 dated 15 January 2015.
This resolution establishes the strategic framework of the principal operations that have to be carried out in the electricity, gas and water services sectors over the period 2015-2018, in both an Italian and European context.
These are the strategic guidelines to be pursued in the electricity and gas sectors:
- a the creation of more secure, efficient and integrated electricity markets;
- b an increase in funds and flexibility of the gas market from a European-wide approach; a revision of the gas payment structure and of the management of gas services according to market rules; and a greater flexibility and efficiency of the balancing system;
- c increased responsibility of network operators for targeted development of national and local infrastructures. To reach this purpose, it is necessary to regulate cross-border infrastructures at a European level and to selectively manage infrastructural investments; and
- d the creation of more competitive retail markets, thanks to a more informed and active demand; the non-discriminatory access to energy withdrawal data and the development of measuring instruments; the supply of energy services by the various players in the market; the elimination of tariff barriers to energy efficiency and to the management of electricity consumption; an increased competition in the market; and a greater responsibility of distributors and sellers in the case of arrears.
The aforementioned resolution also comprises strategic guidelines concerning:
- a the regulation of the water sector (i.e., the stability and clarity of the regulatory framework in order to encourage investments in infrastructure);
- b the enforcement of the aims set by AEEGSI (i.e., the reorganisation and the development of support tools for final consumers); and
- c accountability, simplification and transparency (i.e., new accountability measures for stakeholders).
1 Andreina Degli Esposti is a founding partner of Studio Legale Villata, Degli Esposti e Associati.
2 AEEGSI, 2015 Annual Report. Please note that the AEEGSI Annual Report for 2016 - which provides important information concerning the energy market - has not yet been published. As reported by the Authority, the forthcoming Annual Report is expected for June 2017. For this reason, the present work will not deal with corporate operations (e.g., mergers and acquisitions) that took place in the market in the past year.
3 GSE, 2016 Annual Report.
4 AEEGSI, 2015 Annual Report. Please note that the AEEGSI Annual Report for 2016 has not yet been published.
5 E Picozza and S M Sambri, eds, Il Diritto dell'Energia, X: Trattato di Diritto dell'Economia (Vicenza: Cedam, 2015), p. 153.
6 M Roggenkamp, C Redgwell, A Ronne and I del Guayo, Energy Law in Europe: National, EU and International Regulation (3rd edn, Oxford University Press, 2016), p. 665.
7 E Picozza, S Sambri, op. cit., p. 155.
8 E Picozza, S Sambri, op. cit., p. 165.
9 E Picozza, S Sambri, op. cit., p. 176.
10 Legislative Decree No. 79 of 16 March 1999.
11 Legislative Decree No. 164 of 23 May 2000.
12 Legislative Decree No. 79/99 provided that the integrated company (Enel Terna SpA) continued to be the owner of the network, while its management was entrusted to a public company owned by the Ministry of Economy (GRTN SpA).
13 Decree-Law No. 239/2004 and the Decree of the President of the Council of Ministers of 11 May 2004 placed the shares of Enel Terna SpA on the market, banning Enel SpA from holding more than 5 per cent of capital. They have furthermore entrusted both the management and the ownership of the network to a private company (Terna SpA).
14 The transmission system operator Terna SpA was declared compliant with the OU model on 5 April 2013 (see AEEGSI Resolution No. 142/2013/R/eel).
15 See AEEGSI certification No. 403/2012.
16 The transfer of Eni Snam's shares began with the entry in force of Decree-Law No. 1/2012 and the subsequent Decree of the President of the Council of Ministers on 25 May 2012. This operation was then completed in 2013, when the Deposits and Loans Fund (Cassa Depositi e Prestiti) purchased 30 per cent of the total share capital. Eni currently owns 8 per cent of the capital.
17 See Legislative Decree No. 79/99 (Bersani Decree).
18 At present, many municipalities have not published any tender notice yet, because Law No. 21/2016 has eventually postponed the terms for said publication.
19 See AEEGSI Resolution No. 99/2008.
20 See AEEGSI Resolution No. 79/2005.
21 See AEEGSI Resolution No. 75/2003.
22 See AEEGSI Resolution No. 108/2006, as amended by Resolution No. 53/2010.
23 See AEEGSI Deliberation No. 814/2016/R/com on 29 December 2016.
24 Pursuant to Art. 38.2 bis of Law Decree No. 83/2012, the Authority should have adjusted the tariffs of natural gas transportation in favour of those operators with the highest natural gas consumption.
25 See the Council of State's Decision No. 3735, dated 28 July 2015.
26 See AEEGSI Deliberation No. 429/2015/R/gas, dated 3 September 2015.
27 See AEEGSI Deliberation No. 606/2015/R/gas, dated 11 December 2015.
28 See AEEGSI Resolution ARG/gas 159/08.
29 See AEEGSI Deliberation No. 573/2013/R/gas, updated by Deliberation No. 774/2016/R/gas.
30 See AEEGSI Resolution No. 574/2013/R/gas.
31 In particular, the Committee for the Security of the Italian Republic cooperates with the Ministries, the Agency for the Digital Agenda, the Presidency of the Council of Ministers and other authorities with safeguarding functions (i.e., the Data Protection Authority and the Communications Authority).
32 See Article 5 of Legislative Decree No. 79 of 16 March 1999.
33 See the Decrees of the Ministry of the Economic Development approved on 19 December 2003 and 6 March 2013.
34 See AEEGSI Resolution No. 369/2016, as amended by the Resolution No. 541/2016.
35 For example: (1) the all-encompassing incentive tariffs Cip 6/92 (feed-in tariff), applicable to the electricity fed into the grid by plants powered by renewable and assimilated sources; and (2) the inclusive fixed tariff established under the Law No. 244/07.
36 Such as feed-in premium tariffs applicable to the electricity produced by both photovoltaic plants that came into operation until 26 August 2012, and to solar thermal plants.
37 Since 2015, the Green Certificate mechanism currently conceived is no longer to be applied. From 1 January 2016, the producers eligible to benefit from this mechanism have received a ‘replacement' incentive provided by the GSE referred to net production of their plants, up to the end of the period indicated by the law.
38 See Resolution AEEGSI No. 281/2005.
39 ‘Cogenerazione ad Alto Rendimento' (high-yield cogeneration).
40 See Resolution No. ARG/elt 39/10 and Consultant Document No. 255/2015/R/eel.
41 The Ministerial Decree issued on 19 October 2016 has allocated €321,620,225 for the promotion of smart grids in Basilicata, Calabria, Campania, Puglia and Sicily.
42 See AEEGSI Resolution No. 646/2016/R/EEL.
43 See AEEGSI Resolution No. 7/2016/R/EEL.
44 See AEEGSI Resolution No. 554/2015/R/gas.