Legislative Decree DL 28/11 (03/03/2011) Implementating directive 2009/28/CE on Promotion of Use of Energy from RES, modifying and repealing Directives 2001/77/CE and 2003/30/CE (guarantee fund and planning for district heating, feed-in tariff, targets..)

Last updated: 4 December 2019

The Decree No. 28 of March 3rd, 2011 transposes into the Italian legislation the Directive 2009/28/EC provisions on the promotion of the use of energy from renewable sources. It initiates changes in the support schemes for renewable energy in Italy, (including some related to RES H&C networks).


It sets specific sectoral targets in order to achieve the overall national target of 17% share of energy from renewable sources in the gross final consumption of energy in 2020.


The Decree also regulated the construction and operation of renewable power plants according to specific administrative procedures for each type of installation. To assess the exploitable energy potential from biomass, an ad-hoc experts committee has been created to help design appropriate legislation.


Guarantee fund and planning for district heating:

Specific provisions are also provided on the authorizations and interventions on the electricity grids as well as on the natural gas one and on the development of district heating and cooling. In particular, a fee (0.05€/Sm3) applied to the consumption of natural gas (borne by final consumers), finances a guarantee fund to support the implementation of district heating networks. The fund is managed by the ‘Cassa conguaglio per il settore elettrico' (CCSE). The Authority 'for Electricity and Gas regulates the application and collection of that fee (DL 28/11, Art. 22, c. 4). In addition, the Art. 22, c. 3 sets an obligation for all municipalities above 50,000 inhabitants to establish, in cooperation with provincial authorities and in coherence with the regional energy plans, development plans for district heating and cooling networks with also the aim to increase the use of the energy produced from RES.


RES-H buildings obligations:

All new buildings and buildings undergoing major refurbishment must integrate renewable energies (Art. 11, c. 1 DL 28/11)

RES-H installation must cover 50 % of the foreseen consumption of warm sanitary water; and the following percentages of the cumulative foreseen consumption of warm sanitary water, heating and cooling:

- 20 % if the request of the relevant building permit occurs between 31/05/2012 and 31/12/2013

- 35 % if the request of the relevant building permit occurs between 01/01/2014 and 31/12/2017;

- 50 % if the request of the relevant building permit occurs after 01/01/2018 (Art. 1, Annex 3, DL 28/11)

This obligation does not apply to certain buildings with historical value (Art. 11, c. 2 DL 28/11) nor to buildings connected to district heating networks that cover their entire need for heating and warm sanitary water (Art. 5, Annex 3, DL 28/11)

Regions can increase these obligations through a regional law (Art. 11, c. 1, DL 28/11).



A reshaping and streamlining of renewable energy support mechanisms has been foreseen.

The electricity produced by renewable power plants which will be commissioned after December 31st, 2012 will be incentivized through a feed in tariff system (plants with a capacity = 5MW) or an incentive determined through a Dutch Auction System (P > 5 MW).


The Quota Obligation combined with the Green Certificate System will no longer be in force after 2015 and the Quota Obligation will decrease linearly from 2013 to zero in 2015. Support schemes for energy efficiency and the thermal energy produced by renewable sources are also provided in the form of a sort of feed in tariff system, for small size interventions, and Tradable White Certificate System, for big size interventions. Furthermore, the Decree also took action on the promotion of the use of biofuels in transports.

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