Art. 5 of Law Decree No. 13 of 25 February 2022 (“Anti-fraud Decree”) – which came into force on 26 February 2022 – significantly amends the two-way compensation mechanism introduced by Art. 16 of the Sostegni-ter Decree in relation to the price of energy from renewable sources.
In principle, the Anti-fraud Decree repeals Art. 16 of the Sostegni-ter Decree – in practice, however, it essentially reintroduces the two-way compensation mechanism but reduces its scope. It also clarifies some uncertain points in the previous provisions.
The new framework is certainly an improvement over the previous one, but doubts remain as to its interpretation – including with regard to Art. 6 of the Anti-fraud Decree, which contains a ‘financial neutrality clause’ whereby the new framework must not result in new or greater public finance costs.