Executive Vice-President Teresa Ribera, on behalf of the European Commission, has clarified that Italy's planned amendments to the FER2 renewable energy support decree may require prior notification as new state aid if they go beyond the conditions set in the original approval. The answer, given on 17 June 2026, responds to a written question from MEP Pina Picierno (S&D) submitted on 15 April 2026.
The Commission approved the FER2 scheme in June 2024, which supports innovative or not fully mature renewable energy technologies through competitive tenders across nine technology categories, each with a distinct reference tariff. Italy now proposes to differentiate between fixed-foundation and floating offshore wind technologies, revise incentive tariffs and contracts for difference, introduce inflation indexation, and eliminate the annual tariff reduction for all technologies.
the Commission will enforce state aid rules strictly, but leaves room for Italy to proceed without notification if the changes fall within the original decision's flexibility provisions. The decision's recitals (51)-(53) allow Italy to revise reference tariffs and modify technology categories under certain conditions. If the amendments align with those provisions or are purely administrative, no prior notification is needed. Otherwise, they qualify as new aid under Article 1(c) of Regulation (EU) 2015/1589, triggering the standstill obligation under Article 108(3) TFEU.
The answer does not provide concrete deadlines or numerical targets, but signals that the Commission expects Italy to self-assess whether the changes constitute new aid. The institutional follow-up will depend on Italy's notification: if submitted, the Commission must take a preliminary decision within two months under Article 4 of the same regulation. The response balances legal clarity with procedural flexibility, impacting Italian renewable energy developers (who face uncertainty over tariff adjustments), the Italian government (which must navigate notification requirements), EU competitors (who may challenge unapproved aid), and the Commission (which must ensure compliance without stifling innovation). The importance score is 55, reflecting a niche but significant state aid clarification with moderate impact on stakeholders.
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Stakeholder impact
if Italy must notify, project timelines could be delayed by months, but if changes are deemed administrative, developers benefit from faster implementation. The Italian government bears the burden of assessing whether amendments fall within the approved framework, risking legal challenge if it proceeds without notification. EU competitors in renewable energy may object to unapproved aid that distorts the single market. The Commission maintains its gatekeeping role, ensuring state aid discipline while allowing flexibility for technology-specific support.