Legislative Decree 3/2026 on the new electricity market framework introduces an autonomous professional figure to manage renewable energy sharing, distinct from the seller. A concrete opportunity for CER, condominiums, and SMEs – but full operation still awaits ARERA's implementing regulation.

For the first time, the Italian legislator recognizes, with a specific name and discipline, those who manage “on behalf of others” the energy shared within an energy community or a self-consumption configuration. This is done by Legislative Decree 7 January 2026, no. 3, effective from 24 January 2026, which transposes Directive (EU) 2024/1711 on improving the electricity market framework (the so-called market design) and, through the amendment of Legislative Decree 210/2021, introduces the figure of the “renewable energy sharing organizer.”

This is not a technical detail. It is the missing piece to transform energy sharing from a complex compliance, managed with difficulty by members, into a reliable professional service entrusted to a qualified third party. Let’s see what the law really provides, what is already possible, and what still awaits regulatory steps.

The novelty: a new figure within the market design

Directive (EU) 2024/1711 elevated “energy sharing” to a right of active customers and, in the new art. 15-bis of Directive 2019/944, provided that customers can appoint a third party as sharing organizer. Legislative Decree 3/2026 transposed this scheme by amending Legislative Decree 210/2021 (art. 14, paragraphs 8-bis and following): sharing can take place based on private agreements between active customers or be entrusted, precisely, to an organizer.

The crucial point, often misunderstood: the organizer does not necessarily coincide with the CER “referent” towards GSE, which remains a distinct and formal role. The organizer can be the same subject, but can also be a legal entity external to the community. This is the real operational novelty: the management of sharing becomes a service that can be outsourced.

Who is (and what can do) the organizer

In line with the directive, the sharing organizer is the third party appointed by participants to take care, in summary, of:

• communicating with suppliers, distributor (DSO), and transmission operator regarding sharing agreements, including tariffs, charges, and taxes;
• supporting the management and balancing of flexible loads, distributed generation, and storage included in the sharing agreement;
• entering into contracts and handling invoicing towards active customers participating in the sharing;
• installing and operating production or storage plants, including measurement and maintenance.

The European regulation adds a relevant practical element: the organizer (or another third party) can own or manage renewable or storage plants up to 6 MW without thereby being qualified as an “active customer,” except if participating in the energy sharing project. This opens a clear space for developers, ESCo, and operators who want to maintain a managerial role even after transferring the plant to the community.

The expanded “active customer” and thresholds

The decree broadens the definition of active customer explicitly including energy sharing, alongside self-consumption and sale of self-produced energy, and allows multiple supply and sharing contracts. The size limits designed to preserve the non-professional nature of the activity remain: for individual homes, the reference capacity is up to 30 kW, while for condominiums it reaches up to 100 kW. Those sharing within these limits do not assume the typical obligations of suppliers.

The practical point: managing sharing is not selling energy

Here lies the value of the reform for operators in the sector. Managing sharing means governing the virtual sharing of energy already produced by the configuration’s plants and distributing economic benefits (premium tariff of the CACER Decree and ARERA’s TIAD valuation fee). It does not mean selling energy to members.

It follows that, according to the prevailing interpretation, for the sole function of organizing sharing, registration in the Electricity Sellers Register (the “EVE” register, governed by Ministerial Decree 164/2022) is not required: however, the sale activity – and therefore subject to EVE – remains the supply of “supplementary” energy, i.e., that which covers consumption during hours when renewable production is insufficient. This is a clear distinction, which on the tax level is confirmed by the Revenue Agency’s practice: amounts that the CER distributes to members are not sales proceeds but benefit reimbursements, excluded from VAT and not qualifying as profit distribution (Resolution 37/E of 22 July 2024 and reply no. 201/2024).

The state of play in June 2026: ARERA regulation still missing

It must be said clearly, to avoid premature expectations. Paragraph 8-septies of the new art. 14 of Legislative Decree 210/2021 entrusts ARERA with one or more implementing resolutions to define in detail the organizer’s requirements, the management of measurement data, and relations with the Integrated Information System (SII). As of the date of this contribution (June 2026), such regulation has not yet been adopted: the Authority has started adjustment procedures (including the Commercial Code of Conduct and pre-contractual and contractual regulation), and full operation of sharing – with SII adjustment – is expected by the end of 2026.

In other words: the legal framework exists and is already effective, but the operational “engine” – requirements, standard contract schemes, data flows – will be defined by ARERA. Those moving now must do so with contracts built on the general mandate discipline (arts. 1703-1730 Italian Civil Code) and with clauses capable of automatically adapting to the forthcoming regulation.

Opportunities and impacts for businesses

For energy sellers already operating with communities, Legislative Decree 3/2026 opens the concrete possibility to position themselves as integrated operators – supplier of supplementary energy, sharing organizer, and technical manager of distribution – within a single relationship with members, without giving up EVE qualification nor requiring new authorizations. For ESCo, consulting firms, and management companies, a market for professional services (GSE reporting, SII management, meter monitoring, incentive distribution) arises, previously carried out in a fragmented way.

For plant developers, the figure allows remaining in the value chain even after transferring the plant to the community, managing its energy (within the 6 MW threshold without becoming an active customer). For participating SMEs, sharing remains a cost reduction opportunity, provided it is not the main activity and respects excluded ATECO codes.

Opportunities and impacts for citizens

For families, condominiums, and small consumers, the benefit is mainly simplification: entrusting a qualified organizer with relations with GSE, distributor, and SII means removing the most difficult part of management from members, while maintaining intact the rights of the end customer – primarily the right to freely choose and change the seller. The reform also strengthens contractual protections (right to fixed-price and fixed-term contracts, alongside dynamic price contracts) and attention to vulnerable families.

Still open issues

Two points deserve attention in contracts. The first is the conflict of interest when the seller is also organizer of the same community: the interest in selling more supplementary energy may conflict with that of maximizing internal sharing. The CER regulation and the organization contract must expressly govern this (transparency, performance indicators, separation of accounts). The second is the organizer’s liability regime for errors in reporting or distribution: pending ARERA’s resolution, professional liability for own fault of the mandate applies, which must be circumscribed in the contract (due diligence obligations, indemnities, insurance coverage).

What Enerleg can do

Enerleg supports businesses, energy communities, condominiums, and public entities in translating this reform into concrete operational solutions, particularly to:

• assess if and how to introduce a sharing organizer in their configuration, distinguishing the roles of GSE referent, organizer, and seller;
• draft the sharing organization contract and adapt statutes and distribution regulations, with clauses on conflict of interest, liability, and adaptation to future ARERA regulation;
• correctly set EVE, VAT, and tax profiles (in light of Resolution 37/E/2024), avoiding confusion between benefit distribution and energy sale;
• structure the integrated offer “supply + organization + management” for sellers and operators wishing to position themselves as a single interlocutor;
• monitor regulatory evolution (ARERA resolutions, SII) and promptly update contracts and processes.

The goal is one: seize the opportunities of sharing while staying within what the regulation already allows, without forcing.

Legislative Decree January 9, 2026, No. 5 and the new legal and technical framework for the promotion of renewable sources

With Legislative Decree January 9, 2026, No. 5, Italy transposes the EU Directive 2023/2413 RED III and organically redefines the national regulatory framework for the promotion of renewable sources. The provision amends Legislative Decree No. 199/2021, coordinating it with the most recent developments in European climate and energy legislation. It introduces a complex set of objectives, definitions, obligations, and technical criteria intended to significantly impact industrial strategies, investments, and energy supply models.

Renewable energy purchase agreements and overcoming the traditional perimeter of PPAs

One of the most significant elements concerns the introduction of the definition of renewable energy purchase agreement, understood as the contract whereby a natural or legal person commits to purchasing renewable energy directly from a producer. The definition includes electricity as well as energy intended for heating and cooling from renewable sources. This regulatory choice expands the perimeter traditionally associated with Power Purchase Agreements, which have so far focused mainly on electricity, and opens up new contractual models for the direct supply of renewable energy. This results in a strengthening of the legal certainty of medium-to-long-term bilateral agreements and greater integration between production and consumption, with significant effects on companies’ energy planning and cost stabilization.

Renewable fuels of non-biological origin and alignment with European legislation

The decree explicitly introduces and regulates renewable fuels of non-biological origin (RFNBOs), defined as liquid and gaseous fuels whose energy content derives from renewable sources other than biomass. Included in this category, among others, are renewable hydrogen and hydrogen-based fuels.

The national framework is coordinated with EU Delegated Regulation 2023/1184, which sets the conditions under which electricity used in the production of RFNBOs can be considered fully renewable and defines the calculation methodologies for greenhouse gas emission reductions. This alignment strengthens the role of advanced renewable fuels as central tools for the decarbonization of industry and transport.

New national targets for 2030

The decree sets a binding national target of 39.4 percent renewable energy share on gross final energy consumption by 2030. The target is accompanied by a series of indicative sectoral targets. In buildings, a minimum share of 40.1 percent renewable energy is envisaged, also considering renewable energy drawn from the grid. In the industrial sector, an average annual increase of 1.6 percentage points in the renewable share is required. A share equal to 5 percent of new installed capacity must come from innovative technologies. These objectives directly guide investment choices and strengthen the coordination between energy policies, building planning, and industrial strategies.

Industry and transport between obligations, quotas, and incentive mechanisms

In the industrial sector, the decree introduces specific targets for the use of RFNBOs and renewable hydrogen. The contribution of these sources must reach at least 42 percent by 2030 and 60 percent by 2035. The operational modalities for achieving the targets will be defined by implementing decrees of the Ministry of Environment and Energy Security. In the transport sector, the framework of obligations is strengthened and expanded. Fuel suppliers, including electricity, must guarantee by 2030 a minimum share of 29 percent renewable sources on final energy consumption. The decree extends the perimeter of countable fuels to include advanced biofuels, RFNBOs, fuels from recycled carbon, and renewable electricity. Specific minimum quotas and multiplication factors are introduced to incentivize solutions with greater environmental value.

Sustainability criteria, certification, and emission reduction

A significant part of the decree is dedicated to updating sustainability criteria and greenhouse gas emission reduction for biofuels, bioliquids, and biomass fuels. Requirements for biodiversity protection, sustainable forest management, and soil carbon maintenance are strengthened. A lowering of the size thresholds for plants subject to obligations and an extension of the application duration of the criteria are provided.

A national sustainability certification system is established, supported by the recognition of European voluntary schemes. A transitional regime is also provided to ensure continuity for already incentivized plants. Amendments to Annexes VI and VII of Legislative Decree 199/2021 specify the calculation methodologies for emissions throughout the entire fuel life cycle. The precise definition of calculation methodologies enables companies to measure and transparently demonstrate emission reductions, improving the comparability of environmental performance. In perspective, this approach supports more informed industrial choices, strengthens ESG positioning, and promotes the integration of renewable fuels in decarbonization strategies and ETS mechanisms.

Guarantees of origin, traceability, and energy communities

The decree strengthens the role of Guarantees of Origin as a central tool for renewable energy traceability. Simplified procedures are introduced for small-scale plants, with power below 50 kW, and for those included in Renewable Energy Communities. Guarantees of Origin assume a key role for the transparency of commercial offers and for the valorization of renewable energy in relationships between producers, suppliers, and final customers. In this context, a reflection opens on the role of Energy Communities as entities capable of sharing energy and also operating as producers able to sell renewable energy to final customers. The integration of tools such as PPAs and Guarantees of Origin fosters the development of innovative contractual models.

Operational impacts and prospects for companies

Overall, Legislative Decree No. 5 of 2026 redesigns the regulatory framework of the energy transition and requires companies to revise project timelines, economic assessments, and procurement strategies. The regulation combines objectives with a complex system of obligations, incentives, certifications, and contractual tools that require integrated legal, technical, and economic skills. For managers and administrators, the challenge is to translate this new regulatory framework into coherent decisions, avoiding fragmented approaches and seizing the opportunities offered by tools such as PPAs, energy communities, and advanced renewable fuels. The decree thus marks a solid regulatory basis from which to rethink business models, investments, and positioning in the energy market.

Doing business today, in an increasingly dynamic and innovative sector, requires much more than a good idea: it takes the ability to combine different skills, strategic vision, and a strong culture of collaboration.
At Enerleg Srl we truly believe in this: enhancing professionalism, integrating technical know-how, and facing challenges with a future-oriented outlook.
Being featured on a publication like La Repubblica represents an important recognition for us of the path built over time and an incentive to continue growing, innovating, and creating value.
Thanks to all the people and companies who contribute every day to making this project possible.

Download: Article La Repubblica_Enerleg

"A sales company that must prepare for ETS2, a business considering a renewable energy plant, a group of stakeholders interested in establishing an Energy Community: in each of these cases, the decisive issue comes before the final choice. Reliable data, clearly defined roles, aligned documentation, sustainable administrative timelines, and regulations interpreted alongside practical implementation—not above it—are essential. It is precisely in this concrete and often less visible phase than the installed technology itself that Enerleg S.r.l. has built its field of expertise, supporting businesses, public entities, professionals, and operators through technical and legal consulting in the energy and environmental sectors. Its headquarters in Bolzano are not merely a geographical detail: in Alpine regions, energy consumption, building efficiency, heating costs, and the social sustainability of the transition are measured against very practical realities..."

SOURCE: Eventi Culturali Magazine

...continue reading on [CULTURAL EVENTS]

Download the document in [.pdf] format