Italian MEP Dario Tamburrano (The Left) has submitted a parliamentary question to the European Commission asking whether Italy has correctly transposed EU rules on waste heat and cold, specifically Directive (EU) 2023/2413. The question, filed on 29 May 2026, challenges Italy's classification of heat from municipal solid waste incineration as waste heat eligible for renewable energy targets.
Directive (EU) 2018/2001 obliges Member States to meet renewable energy targets, which can be achieved using waste heat and cold. Communication C/2025/2238 states that fumes from an incinerator or heat leaving a compressor constitute waste heat when fed into district heating, provided the incinerator's primary purpose is not heat production. Commission Recommendation (EU) 2024/2395 clarifies that heat from cogeneration plants counts as renewable for renewable energy sources and as CHP for fossil-based sources.
The MEP contrasts these EU provisions with Italy's Decree-Law No 5 of 9 January 2026, which, referencing Decree-Law No 152 of 3 April 2006, provides that heat generated in municipal solid waste incineration plants and used in district heating can be considered waste and counted towards renewable energy targets when using all forms of municipal solid waste, not just the biological fraction. Tamburrano questions whether this broad classification aligns with EU law.
Policy orientation and expected follow-up Tamburrano's question seeks clarity on whether Italy's transposition is compliant, potentially affecting the counting of waste incineration heat toward national renewable energy targets. The Commission typically must reply within about six weeks; its answer will signal whether it considers Italy's approach in line with EU rules or in breach, with implications for other Member States using similar classifications.
Stakeholders impacted include Italian waste-to-energy operators, who could see their heat counted as renewable; EU renewable energy target accounting; environmental NGOs concerned about incentivising incineration over waste reduction; and the Commission, which must enforce consistent transposition.
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