04 ott 2024
The recent Agriculture Decree introduces a mandatory six-year duration for surface rights contracts related to renewable energy installations, raising constitutional concerns due to its retroactive application.
This impacts existing agreements, offering a limited withdrawal period for renegotiation.
Additionally, the decree restricts the use of agricultural land for photovoltaic installations, with exceptions for specific areas and projects.
Advanced agrivoltaic systems remain permissible, while simpler ground-based systems face potential limitations.
Legal Implications of the Agriculture Decree
The Agriculture Decree, recently enacted, mandates a minimum six-year duration for contracts granting surface rights for renewable energy installations. This change, affecting both preliminary and definitive agreements, applies retroactively, raising constitutional concerns due to its impact on established contractual rights. Previously, contract duration was determined by the parties involved.Contractual Adjustments and Withdrawal Rights
The decree allows for automatic renewal of these contracts after the initial six-year term, unless a party opts for renegotiation or termination. Existing contracts are also subject to these new terms, with a withdrawal option available until September 12, 2024, encouraging renegotiation under the new framework.Restrictions on Photovoltaic Installations
The decree limits the use of agricultural land for ground-based photovoltaic installations, permitting them only in specific conditions such as modifications of existing installations, in abandoned mines, or near industrial areas. Projects already in the authorization process by May 16, 2024, are exempt from these restrictions.Advanced vs. Simple Agrivoltaic Systems
Advanced agrivoltaic systems, which integrate innovative solutions without disrupting agricultural activities, remain unrestricted. However, simpler ground-based systems may face limitations under the new decree.Opportunities
- Encouragement for innovative agrivoltaic solutions.
- Potential for renegotiation of existing contracts under new terms.
- Expansion of renewable energy projects in non-agricultural areas.
Critical Aspects and Potential Issues
- Constitutional challenges due to retroactive application.
- Impact on existing contractual agreements and rights.
- Limitations on the use of agricultural land for renewable energy.
Suggestions and Useful Indications
- Stakeholders should review existing contracts for compliance with new regulations.
- Consideration of advanced agrivoltaic systems to align with legal requirements.
- Exploration of alternative sites for renewable energy installations to avoid restrictions.