Italy’s Nuclear Enabling Law: What It Authorises, What It Leaves to Decrees
On 23 September 2026, the Italian Senate gave final approval to the enabling law on sustainable nuclear energy (Atto Senato n. 1924), following approval by the Chamber of Deputies on 4 June 2026. The law creates the legal basis for Italy’s potential return to nuclear generation, almost four decades after the 1987 referendum led to the closure of its reactors, and delegates the detailed rules to government decrees. The bill’s record is available on the Senate website.
What the law does and what it does not do
|
The law does |
The law does not |
|
Establish a national framework for sustainable nuclear energy and delegate detailed rules to the government |
Authorise any specific reactor, site or project |
|
Set a 12-month deadline from entry into force for implementing decrees, according to the government and parliamentary reporting |
Set a binding commissioning date for new capacity |
|
Define the scope of the decrees: construction and operation of plants, safety, fuel, radioactive waste, institutional responsibilities, hydrogen production from nuclear energy |
Immediately authorise construction or operation of a particular nuclear facility |
|
Focus on new technologies: small modular reactors, advanced modular reactors, microreactors, fusion |
Select a particular reactor technology or commercial design |
|
Assign a role to the national nuclear safety inspectorate in validating technical certifications |
Create an immediately operational support scheme or generation tariff. Any future financial-support mechanism would require further rules and, where applicable, compliance with EU requirements |
How the decree process works
An enabling law (legge delega) sets objectives and principles and delegates the drafting of detailed rules to the government, which adopts them as legislative decrees within a fixed period. The law was published in the Gazzetta Ufficiale on 30 September 2026 and enters into force on 15 October 2026. The government then has 12 months to adopt one or more legislative decrees. The decrees are adopted following the procedural steps prescribed by the law, including the required institutional and parliamentary opinions.
Investment decisions, site selection and construction permits depend on the decrees and on subsequent authorisations. Until then, the law changes the legal framework, not physical supply.
Why Italy is revisiting nuclear
Italy closed its last reactors after the 1987 referendum and rejected a return in a second referendum in 2011. The government frames the new framework around energy security, decarbonisation and the electricity demand expected from electrification, data centres and industry. Italy imports electricity through its interconnections with neighbouring markets, including countries with nuclear generation. Gas-fired generation continues to play an important role in Italian wholesale price formation.
The government has pointed to the 2033–2035 period as an indicative target for first new facilities. The pace will depend on technology licensing, the availability of commercial SMR designs and public acceptance. In this decade, storage and renewables remain the main source of new capacity in Italy.
Selected key dates
|
Date |
Milestone |
|
4 June 2026 |
Chamber of Deputies approves the bill (Atto Camera n. 2669) |
|
23 September 2026 |
Senate gives final approval (Atto Senato n. 1924) |
|
29 September 2026 |
Law No. 169 adopted |
|
30 September 2026 |
Law published in Gazzetta Ufficiale No. 227 |
|
15 October 2026 |
Law enters into force |
|
Within 12 months of entry into force |
Government adopts implementing decrees |
|
2033–2035, indicative |
Government objective for the possible launch of the first new facilities; no binding commissioning date has been set |
What to monitor next
- Adoption of the legislative decrees following the law’s entry into force on 15 October 2026.
- The draft decrees, in particular the authorisation path, the role of the safety inspectorate and any support mechanism.
- Site selection criteria and the consultation process with regions and municipalities.
- Any update to the National Energy and Climate Plan reflecting nuclear capacity in the 2035 to 2050 outlook.
FAQ
Has Italy authorised the construction of nuclear plants?
No. The law creates a legal framework and delegates the detailed rules to the government. Specific projects will require implementing decrees and subsequent authorisations.
What technologies does the law cover?
Small modular reactors, advanced modular reactors, microreactors and nuclear fusion.
When could the first reactor operate?
No binding commissioning date has been set. Public statements have referred to the 2033–2035 period as an indicative objective, but delivery will depend on the implementing framework, technology readiness, licensing, site selection and project-specific authorisations.
Does the law change Italian electricity prices now?
No. The enabling law does not add generation capacity or directly change current electricity-price formation. Any material market effect would depend on future projects becoming operational.
How D.TRADING works with Italy
D.TRADING trades power and gas on the Italian market and across its interconnections with Central and South-Eastern Europe.
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Disclaimer
This article is prepared by D.TRADING for general informational purposes only and does not constitute legal, financial, investment, accounting, tax, or regulatory advice. The information contained herein is based on publicly available sources and reflects opinion on the regulatory environment as of the publication date. D.TRADING makes no representations or warranties, express or implied, as to the accuracy, completeness, or timeliness of the information provided. This document is not an offer or solicitation to buy or sell any energy products, commodities, or financial instruments.
