The Council of Ministers resolved during the session of 6 July 2018 to challenge the law of the Region of Sicily n. 8 of 08/05/2018, containing "Programmatic and corrective provisions for the year 2018. Regional stability law", containing rules relating to renewable sources, affecting the authorizations for wind and photovoltaic plants and the methods of carrying out and the criteria for participation in tenders for the assignment of the management of the natural gas distribution service, as well as on concessions for maritime state-owned assets, which respectively contrast with the principle of freedom of economic initiative pursuant to art. 41 of the Constitution, as well as with the principle of protection of competition provided for by art. 117, second paragraph, lett. e), of the Constitution.
Anev - explains a press release from the association of wind companies - had at the time signaled its considerations of a legal nature regarding the content of the regional law, highlighting its unconstitutionality profiles, especially regarding an amendment presented by the President of the Sicily Region Nello Musumeci, approved by the House, which provided for the suspension, for 120 days from the date of publication of the provision, of the issuing of authorizations by the Region for wind and photovoltaic plants in order to allow it to verify, through a regional planning tool, the effects on the landscape and the environment related to the construction of these plants, regardless of the list of unsuitable areas already approved by Decree of the President of the Region in October 2017.
In addition to enucleating a series of other illegitimacy profiles, the Association had found that the aforementioned law was in clear violation of the Community principles on the subject of liberalization of the electricity market and the promotion of renewable sources.
Anev, concludes the note, therefore welcomes the Government's intervention regarding the Sicilian provision, which in fact agrees with the Association which for some time has been signaling a conduct of the Regions inconsistent with the provisions of national and supranational laws in the matter of reducing CO2 and production from renewable sources.
