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"Italy’s return to nuclear power is not an isolated choice. It is part of a European framework that has gradually re-evaluated nuclear energy as a tool for achieving climate neutrality by 2050."
On 23 September 2026, the Italian Senate gave final approval to Bill No. 1924 on ‘Delegation to the Government on sustainable nuclear energy’ (known as the “Nuclear Bill”).
The Nuclear Bill formally reopens the door to nuclear energy in Italy, almost forty years after the 1987 referendums and fifteen years after the 2011 referendum, which led to the progressive phase-out of Italy’s nuclear power programme. It does so by tasking the government with adopting – within twelve months of its entry into force – at least one legislative decrees governing the entire lifecycle of sustainable nuclear energy.
This article examines the main new features of the nuclear enabling law and its role in the wider European energy transition.
THE EUROPEAN FRAMEWORK
Italy’s return to nuclear power is not an isolated decision. It is part of a European framework that has gradually re-evaluated nuclear energy as a tool for achieving climate neutrality by 2050, the target set by Regulation (EU) 2021/1119. As a low-emission and dispatchable source, nuclear power is considered complementary to renewables: it stabilises the grid, reduces reliance on gas and strengthens security of supply.
Under certain conditions, Delegated Regulation (EU) 2022/1214 included some nuclear activities in the list of environmentally sustainable activities established by Regulation (EU) 2020/852, giving nuclear power access to sustainable finance. In its Nuclear Illustrative Programme (“PINC”), the European Commission estimates that around €241bn of investment will be needed by 2050. Through its Strategy on Small Modular Reactors of March 2026, it aims to bring the first European small modular reactors (“SMR”) into operation at the beginning of the next decade. The relaunch is also supported by the European Nuclear Alliance, of which Italy is a member, and the European Industrial Alliance on SMRs.
The message is clear: for the European Union, nuclear power is an important ally on the journey to the energy transition.
BILL NO. 1924/2026
Purposes and procedure
Under the Nuclear Bill, the government must, within twelve months of the law’s entry into force, at least one legislative decree governing the production and use of energy in Italy from sustainable nuclear sources. The stated aim will contribute to the following objectives:
- achieving European decarbonisation targets for 2050;
- ensuring Italy’s energy security and independence;
- managing energy costs for household and non-household customers.
The decrees will be adopted following a proposal from the Minister of the Environment and Energy Security (“MASE”), in agreement with the other relevant ministries, subject to the consent of the Unified Conference and the opinion of the Council of State.
‘Sustainable nuclear energy’ refers to the EU Taxonomy (Delegated Regulation (EU) 2022/1214). In terms of technology, the enabling law expressly looks at SMRs, which are smaller in size and largely factory-built, and to advanced modular reactors (“AMR”), fourth-generation reactors that use coolants rather than water and promise better management of fuel and waste.
Scope of the delegation
At the heart of the system is a National Programme for the development of sustainable nuclear energy and fusion, which will set the objectives for including nuclear power in Italy’s energy mix. Around it, the decrees will have to lay down rules for every stage of the supply chain: the testing, siting, construction and operation of new plants, designed to produce not only electricity but also hydrogen and heat for industry; fuel fabrication and reprocessing facilities; and the interim storage and final disposal of radioactive waste.
The enabling law looks both to the past and the future. On the one hand, it covers the decommissioning of existing plants and the reuse of their sites. On the other, it unlocks new opportunities, such as the use of nuclear power in the shipping and maritime sector and research into nuclear fusion. The picture is completed by possible support measures for investment and by activities relating to information, training, research and development.
THE MAIN FEATURES OF THE NUCLEAR ENABLING LAW
New technologies
The decrees will identify the types of plants eligible for authorisation without giving preference to any particular technology. Modular or advanced technologies, as defined by the IAEA (which include SMRs), are expressly included. Operators, including private ones, may also be authorised to test advanced technologies, potentially with support measures and dedicated sites made available to them.
A single authorisation
"The Government is empowered to adopt, within twelve months of the law’s entry into force, one or more legislative decrees governing the production and use, within Italy, of energy from sustainable nuclear sources."
Streamlining the authorisation process is one of the key points of the Nuclear Bill. In particular:
- the testing, construction and operation of new plants will be subject to integrated authorisation procedures managed by MASE;
- the authorisation will replace any other authorisation, concession, licence or clearance, except for EIA and SEA decisions;
- the authorisation may also serve as a variation to urban planning instruments;
- the works will be considered to be in the public interest, urgent and unable to be delayed or deferred. The authorisation may also prevent their removal and allow the land to be acquired compulsorily if needed.
A further important element is the recognition of authorisations and certifications already issued by the authorities of members of the OECD Nuclear Energy Agency or those with whom Italy has cooperation agreements. This measure aims to shorten authorisation times for technologies already licensed abroad.
An independent safety authority
The enabling law provides for a reorganisation of the bodies responsible for safety and oversight and considers the establishment of an independent administrative authority for nuclear safety, tasked with certification and supervision. The decrees will also introduce penalties for breaches of the new rules.
Financial guarantees, waste and decommissioning
The entire lifecycle of each plant will be regulated, with the costs borne by the operator. In particular, the enabling law provides for:
- financial guarantees borne exclusively by the authorised operator, including through dedicated funds, to cover the costs of decommissioning and of managing radioactive waste and spent fuel, so that these costs do not fall on the public;
- financial and insurance cover against the risks of the activity, including for causes beyond the operator’s control;
- incentives for waste minimisation and for fuel reprocessing or recycling;
- for radioactive waste repositories, the possibility of voluntary applications by local communities and a new SEA of the relevant planning instruments.
The enabling law also builds on the project for the National Repository for radioactive waste provided for by Legislative Decree No. 31/2010, which has not yet been built.
Siting and public participation
The enabling law provides for two siting routes. As a rule, sites will be selected at the request of project proponents, according to criteria and procedures to be set out in the decrees. Alternatively, the state may preliminarily identify suitable areas to host the plants. In these cases, the affected municipalities must be consulted and measures to enhance the areas and contain any negative impacts must be considered, including taking into account any existing energy plants in the same area.
In any event, the authorised operator will have to contribute to the promotion and development of the area concerned, including through compensation measures.
Support measures
Support measures are likely to have the greatest impact on the programme’s feasibility. Nuclear plants require high upfront investment and generate returns over several decades: without risk-mitigation tools, they would hardly be viable on market terms. For this reason, the enabling law allows the decrees to introduce support measures for building plants and producing energy. These support measures will be granted based on how closely projects are aligned with the National Programme.
The law does not specify which instruments will be used. In any case, the measures will need to be authorised by the European Commission under the State aid rules and, where no funding is available, may only be introduced once the necessary resources have been allocated. For now, the Nuclear Bill allocates €20m per year to the investments provided for by the enabling law for the period 2027-2029.
Public information campaign
The Nuclear Bill provides for a national information campaign on nuclear energy, focussing its safety and sustainability, together with information and consultation measures for the communities directly affected by the plants. €1.5m 2026 and €6m for 2027 have been allocated to these activities.
This is far from a secondary issue: in 1987 and 2011, referendums halted nuclear power in Italy. Today, the success of the reform will also depend on public support, especially in the areas where plants will be situated.
"Support measures are likely to have the greatest impact on the practical feasibility of the programme."
NEXT STEPS
The twelve-month deadline for adopting the legislative decrees will run from the law’s entry into force. The Minister of the Environment has announced that he intends to prepare them by the end of 2026. The National Programme’s approval and the possible establishment of the new safety authority will follow, and only then will the first siting and authorisation procedures begin.
Caution is needed regarding the timing of production: the technologies are still under development and the first plant is unlikely to come into operation before 2035.
CONCLUSIONS
After almost forty years, Italy can now reconsider nuclear power an important part of its energy policy thanks to this enabling law, bringing it in line with the European Union. The real test, however, will be the adoption of the legislative decrees and the ability to secure local support and bring the plants to life.
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