Law  of 11 May 2012, n. 56: In the sectors of energy, transport, and communications the goverment's special powers consist in: the veto on or the authorisation of, under specific conditions, decisions, acts, or operations concerning strategic assets; the imposition of specific conditions to make affective acquisitions by non EU investors of companies owning strategic assets. In exceptional cases and when the above-mentioned acquisitions determines control rights, the Government has the right of opposition to the entire acquisition by buyers from outside the EU (in compliance with article 49 of the treaty of the Functioning of the European Union). This system was put in place to overcome the retirement of the "golden share" system contested by the EU. With respect to the Energy, Transportation and Communications sectors, the Decree requires that a company notify the Italian Government of any resolutions it adopts that would have the effect of changing such company’s ownership structure or purpose, or winding up such company’s business. The Italian government is entitled to impose specific conditions to those resolutions, acts or transactions that would give rise to an exceptional situation of an actual threat of serious injury to public interests relating to the security and functioning of networks and systems and the continuity of supplies.
The Decree-Law 21 September 2019, n.105, converted into law, with amendments, by Law 18 November 2019, n.133 brought changes to Italy’s rules on special powers that are laid down in Law No.56 of 11 May 2012. Among others, the changes:
- broaden the criteria for the evaluation of investment projects under the scope of the “golden powers” regime by adding to the factors to consider: government-control of the would-be acquirer; previous actions that threated essential security interests of Italy or another EU Member State; and the probability that the would-be acquirer engage in illegal activities; and
- strengthen the sanctions regime associated with the review mechanisms.
In response to the economic circumstances that resulted from the COVID-19 pandemic, Italy made temporary modifications to the “golden powers” mechanism with effect from 9 April 2020. The changes temporarily expand the scope of the powers to cover additional sectors that are declared strategic; enables the authorities to open reviews ex-officio where companies do not fulfil the notifications obligations; and expand the scope of the powers to acquisitions from within the EU and lower the trigger threshold for acquisitions from outside the EU to 10%.
On 25 December 2020, Law No.176 of 18 December 2020, entered into force. Among others, the law extends the temporary application of changes to the investment review mechanism that had initially been brought by Decree Law 8 April 2020, n.23. until 30 June 2021. On 30 April 2021, the application of the temporary rules was further extended until 31 December 2021 pursuant to Decree-Law No. 56 of 30 April 2021.
On 14 January 2021, Decrees of the President of the Council of Ministers No.179 and No.180 entered into force. The Decrees identify which assets and interests are subject to Italy’s foreign investment review mechanisms. The new measures clarify and expand the scope of application of the review of acquisitions that require prior government approval. The process covers assets and sectors of strategic importance to the national interest, and include sectors such as energy, water, health, data and sensitive information, financial services, artificial intelligence and media, as well as transport (ports, airports etc.), and broadband and ultra-broadband services.
On 21 March 2022, the Italian Government issued Decree-Law n. 21, adopting urgent measures to counter the Ukrainian crisis, which confirmed the regime introduced in the COVID-19 pandemic context and amended the foreign investment review mechanism, known as “Golden Powers”, established by Decree-Law n.21 of 15 March 2012 converted, with amendments, into law by Law n.65 of 11 May 2012. The Decree-Law: adds transactions that affect the ownership, control of availability of defence and national security assets to the sectors that are subject to the prior notification procedure; imposes prior notification obligation hitherto applicable only to would-be acquirers also to the acquisition targets; expands the industrial sectors considered strategic for the national security beyond the sectors of energy, transport and communication; and provides for the possibility that the Government establish a simplified prior notification procedure. The Decree-Law entered into force on 22 March 2022 with the exception of the extension of the industrial sectors considered strategic for the national security, which will enter into force only on 1 January 2023. The Decree-Law was converted with modifications into Law no.51 of 20 May 2022.
Through Law No.51/2022, which converted the Decree-Law No. 21 of 15 March 2022, the Parliament amended para 5bis and inserted a para 7 bis to Art.2 of the Decree-Law No.21 of 14 March 2002. The changes include: 1) the expansion of the foreign investment review by the government, covering the acquisition of control in companies holding strategic assets and greenfield investment in companies carrying activities or holding assets that are strategic for the foreign investment review purposes, if one or more non-EU individuals or entities hold at least 10% of the capital or voting rights; and the 2) the definition of non-EU individuals or entities, which was extended and now cover: any non-EU citizen or a citizen who is not resident, or does not have the main place of business, in the EU or in the European Economic Area (EEA); any entity that does not have its registered office, place of management or main place of business within the EU or the EEA; any entity that has its registered office, place of management or main place of business within the EU or the EEA, but which is directly or indirectly controlled by individuals or entities that fall within the categories above; or any individual or entity that has EU or EEA citizenship/nationality or established therein the residency, registered office, place of management or main place of business, if there are elements that suggest the intent to circumvent the rules.
On 21 September 2022, Decree No.189 entered into force, which introduces measures to coordinate the regimes for tender procedures and mandatory notifications under the “golden powers”, the Italian screening mechanism. Furthermore, the Decree provides for simplification measures for the notification of foreign direct investments in the specific case of concessions.
On 24 September 2022, Decree No.133 entered into force. The Act introduced an option for investors to file a pre-notification notice on a prospected transaction. With 30 days from the filing, the Presidency of the Council shall notify if the transaction falls within the scope of the screening procedure. In case of a positive answer, it shall also specify whether there are grounds for the exercise of the special powers. The Act also introduces simplification measures for all cases of non-exercise of the special powers.
On 10 October 2023, Law No. 136/2023 entered into effect. The Law converts Decree-Law No. 104/2023 into law and expands the scope of application of the special powers regime to include certain asset acquisitions in a list of critical technologies, when these assets are covered by intellectual property rights.
“Article 1 Special powers in the areas of defense and national security
1. […] the following special powers may be exercised in the event of a threat of serious damage to the essential interests of defense and national security: […]
b) veto on the adoption of resolutions, acts or operations of the assembly or administrative bodies of a company referred to in letter a), which have the effect of changing ownership, control or availability((of the assets identified pursuant to the same letter a) )), including those relating to the merger or split of the company, the transfer of the company or branches thereof or of controlled companies, the transfer of the registered office abroad, the modification of the corporate purpose, the dissolution of the company, the modification of statutory clauses possibly adopted pursuant to article 2351, third paragraph, of the civil code or introduced pursuant to article 3, paragraph 1, of the legislative decree of 31 May 1994, n. 332 , converted, with amendments, by law 30 July 1994, n. 474 , as last amended by article 3 of this decree, the transfers of real or use rights relating to tangible or intangible assets, the assignment of the same as a guarantee or the assumption of constraints that condition their use , also due to the company being subjected to insolvency proceedings;
c) opposition to the purchase, for any reason, of shareholdings in a company referred to in letter a) by a person other than the Italian State, Italian public bodies or subjects controlled by them, if the buyer comes to hold, directly or indirectly, including through subsequent acquisitions, through third parties or through entities otherwise connected, a level of shareholding in the capital with voting rights capable of compromising the interests of defense and national security in the specific case. [...]
3-bis. If the purchase of the shareholdings referred to in paragraph 1, letters a) and c), is carried out by a party outside the European Union, referred to in article 2, paragraph 5-bis, the Government may also consider the following circumstances:
a) that the buyer is directly or indirectly controlled by the public administration, including state bodies or armed forces, of a country not belonging to the European Union, including through ownership structure or substantial financing;
b) that the buyer has already been involved in activities that affect security or public order in a Member State of the European Union;
c) that there is a serious risk that the buyer will engage in illegal or criminal activities. […]
5. For the purposes of the possible exercise of the powers referred to in paragraph 1, letters a) and c), anyone who acquires a shareholding in companies that carry out activities of strategic importance for the national defense and security system, where possible jointly with the company whose shareholdings are the subject of the purchase, notify the same acquisition within ten days to the Presidency of the Council of Ministers […]
The power to impose specific conditions referred to in paragraph 1, letter a), or to oppose the purchase pursuant to paragraph 1, letter c), is exercised within forty-five days from the date of notification. […]
Art. 1-bis (Special powers relating to 5G, cloud-based and other active broadband electronic communications services)
1. For the purposes of exercising the special powers referred to in this article, broadband electronic communications services based on 5G technology constitute activities of strategic importance for the national defense and security system. For the same purposes referred to in this article, further services, goods, relationships, activities and technologies relevant to cyber security, including those relating to cloud technology, may be identified with one or more decrees of the President of the Council of Ministers […].
2. Without prejudice to the obligations established pursuant to the legislative decree of 21 September 2019, n. 105 , converted, with amendments, by law 18 November 2019, n. 133 , companies which, also through contracts or agreements, intend to acquire, for any reason, goods or services relating to the design, construction, maintenance and management of the activities referred to in paragraph 1, or high technological intensity components functional to the aforementioned realization or management, notify, before proceeding with the aforementioned acquisition, to the Presidency of the Council of Ministers an annual plan […]
3. The notification referred to in paragraph 2 is transmitted annually, before proceeding with the implementation of the plan, without prejudice to the possibility of updating, following notification pursuant to the same paragraph 2 to the Presidency of the Council of Ministers, the ongoing plan itself per year, on a quarterly basis. Within thirty days of notification, by decree of the President of the Council of Ministers, adopted upon compliant resolution of the Council of Ministers, the annual plan referred to in paragraph 2 is approved, subject to any imposition of requirements or conditions, or approval is denied with the exercise of the veto power. […]
Article 2
Special powers inherent to strategic assets in the energy, transport and communications sectors
1. With one or more decrees of the President of the Council of Ministers […] the networks and systems are identified, including those necessary to ensure the minimum supply and operation of the services essential public assets and relationships of strategic importance for the national interest, even if the subject of concessions, however awarded, including concessions for large hydroelectric derivations and cultivation of geothermal resources, in the energy, transport and communications sectors , as well as the type of acts or operations within the same group to which the regulations referred to in this article do not apply. […]
1-ter. With one or more decrees of the President of the Council of Ministers […] are identified, for the purposes of verifying the existence of a danger to public safety and order, including the possible prejudice to the safety and functioning of the networks and plants and to the continuity of supplies, the assets and relationships of strategic importance for the national interest, even if they are the subject of concessions, however granted, in addition to those identified in the decrees referred to in Article 1, paragraph 1, and in paragraph 1 of this article, in the sectors referred to in Article 4, paragraph 1, of Regulation (EU) 2019/452 […], as well as the type of acts or operations within the same group to which the regulations referred to in this article do not apply. In any case, when the deeds, operations and resolutions concern assets covered by intellectual property rights relating to artificial intelligence, machinery for the production of semiconductors, cybersecurity, aerospace technologies, energy storage, quantum and nuclear,((And))to food production technologies and concern one or more entities outside the European Union, the provisions of this article also apply within the same group, without prejudice to the verification of the existence of the conditions for the exercise of special powers . […]
2. Any resolution, act or operation adopted by a company that holds one or more of the assets identified pursuant to paragraph 1, which has the effect of changing the ownership, control or availability of the assets themselves or the change of their destination, including the resolutions of the assembly or of the administrative bodies having as their object the merger or division of the company, the transfer of the registered office abroad, the modification of the corporate purpose, the dissolution of the company, the modification of statutory clauses possibly adopted pursuant to article 2351, third paragraph, of the civil code or introduced pursuant to article 3, paragraph 1, of the legislative decree of 31 May 1994, n. 332 […], the transfer of the company or branches of it in which said assets are included or the assignment of the same as a guarantee, is notified, unless the operation is being evaluated or has already been evaluated pursuant to paragraph 5, within ten days and in any case before it is implemented, to the Presidency of the Council of Ministers by the same company. The resolutions of the assembly or of the administrative bodies concerning the transfer of controlled companies that hold the aforementioned assets are notified in the same terms.
2-bis. Any resolution, act or operation adopted by a company that holds one or more of the assets identified pursuant to paragraph 1-ter, which has the effect of changing the ownership, control or availability of the assets themselves in favor of an external party to the European Union, referred to in paragraph 5-bis, or, in the sectors identified in the second sentence of paragraph 5, also in favor of a subject belonging to the European Union, including those established or resident in Italy, including the resolutions of the the meeting or administrative bodies having as their object the merger or split of the company, the transfer of the company or branches of it in which said assets are included or the assignment of the same as a guarantee, the transfer of controlled companies who hold the aforementioned assets, or which has the effect of transferring the registered office to a country not belonging to the European Union, is notified, unless the operation is being evaluated or has already been evaluated pursuant to paragraph 5, within ten days and in any case before it is implemented, to the Presidency of the Council of Ministers by the same company. Any resolution, act or operation adopted by a company that holds one or more of the assets identified pursuant to paragraph 1-ter, which has the effect of changing their destination, as well as any resolution which has the effect of object of the modification of the corporate purpose, the dissolution of the company or the modification of statutory clauses possibly adopted pursuant to Article 2351, third paragraph, of the Civil Code or introduced pursuant to Article 3, paragraph 1, of Legislative Decree 31 May 1994, n. 332 […].
3. By decree of the President of the Council of Ministers […] a veto may be expressed on the resolutions, acts and operations referred to in the paragraphs 2 and 2-bis, which give rise to an exceptional situation, not regulated by national and European sector legislation, of threat of serious damage to public interests relating to the safety and functioning of networks and plants and the continuity of supplies . […]
5. The purchase for any reason by a party outside the European Union of shareholdings in companies that hold the assets identified as strategic […] is notified, where possible jointly with the company whose shareholdings are the subject of the purchase, within ten days to the Presidency of the Council of Ministers, together with any information useful for the general description of the acquisition project, the buyer and its scope of operation. In the communications, energy, transport, health, agri-food and financial sectors, including the credit and insurance sectors, purchases, for any reason, of shareholdings by of subjects belonging to the European Union, including those resident in Italy, of such importance as to determine the permanent establishment of the buyer due to the assumption of control of the company whose shareholding is the subject of the purchase […] 
In calculating the significant shareholding, account is taken of the shareholding held by third parties with whom the buyer has stipulated one of the agreements provided for in Article 122 of the Consolidated Law referred to in Legislative Decree no. 24 February 1998. 58 , and subsequent amendments, or provided for by article 2341-bis of the civil code . […]
Purchases of shareholdings by foreign entities not belonging to the European Union in companies that hold assets identified as strategic pursuant to paragraphs 1 and 1-ter, which attribute a share of the voting rights or capital of at least 10 percent, taking into account the shares or quotas already directly or indirectly owned, when the overall value of the investment is equal to or greater than one million euros, and are also notified acquisitions that lead to exceeding the thresholds of 15 percent, 20 percent, 25 percent and 50 percent of the capital.
5-bis. For the purposes referred to in Article 1 and this Article, a person outside the European Union means:
a) any natural person who does not have the citizenship of a Member State of the European Union;
b) any natural person who is a citizen of a Member State of the European Union and who does not have his residence, habitual residence or principal place of business in a Member State of the European Union or of the European Economic Area or who is not however established therein;
c) any legal person which does not have its registered office or administration or principal place of business in a Member State of the European Union or the European Economic Area or which is not in any case established there;
d) any legal person which has established its registered office or administration or principal place of business in a Member State of the European Union or the European Economic Area, or which is in any case established there, and which is controlled, directly or indirectly , by a natural person or a legal person referred to in letters a), b) and c);
e) any natural person or legal person who is a national of a Member State of the European Union or of the European Economic Area who has established his residence, habitual residence, registered office or administration or principal place of business in a Member State of the European Union, or which is in any case established there, if there are elements that indicate evasive behavior with respect to the application of the regulations referred to in this decree.
6. If the purchase referred to in paragraph 5 involves a threat of serious damage to the essential interests of the State referred to in paragraph 3 or a danger to security or public order, within forty-five days of the notification referred to in the same paragraph 5, by decree of the President of the Council of Ministers […] the effectiveness of the purchase may be conditioned on the assumption by the buyer and of the company whose shareholdings are the subject of the purchase, of commitments aimed at guaranteeing the protection of the aforementioned interests. […]
To determine whether a foreign investment may affect security or public order, the following circumstances may be taken into consideration:
a) that the buyer is directly or indirectly controlled by the public administration, including state bodies or armed forces, of a country not belonging to the European Union, including through ownership structure or substantial financing;
b) that the buyer has already been involved in activities that affect security or public order in a Member State of the European Union;
c) that there is a serious risk that the buyer will engage in illegal or criminal activities. […]
7-bis. For the purposes of exercising the special powers referred to in this article, the establishment of a company that carries out activities or holds one or more of the assets identified pursuant to paragraph 1 or paragraph 1-ter is notified to the Presidency of the Council of Ministers within the terms and with the procedures referred to in this article, if one or more shareholders, outside the European Union pursuant to paragraph 5-bis, hold a share of the voting rights or capital equal to at least 10 percent.
Art. 2-quarter (Measures to simplify procedures and pre-notification)
1. By decree of the President of the Council of Ministers […] measures can be identified to simplify the notification methods, terms and procedures relating to the investigation for the purposes of the possible exercise of the powers referred to in Articles 1, 1-bis and 2, without the need for a resolution by the Council of Ministers, for the definition of the procedures in case of failure to exercise the special powers decided unanimously by the members of the coordination group, without prejudice in any case to the possibility for each administration and for the parties to request that the notification be submitted to the Council of Ministers for examination.
2. The same decree referred to in paragraph 1 identifies the methods for submitting a pre-notification which allows the examination by the coordination group, or in the cases referred to in paragraph 1 by the Council of Ministers, of the operations, prior to the formal notification referred to in articles 1 and 2, in order to receive a preliminary assessment on the applicability of the aforementioned articles and on the authorizability of the operation. […]” (DECREE-LAW of 15 March 2012, n. 21, "Rules on the special powers over corporate assets in the sectors of defence and national security, as well as over the activities of strategic importance in the fields of energy, transport and communications", converted into law by LAW of 11 May 2012, n. 56; last amended by DECREE-LAW of 10 August 2023, n. 104 (converted into law and modified by LAW of 9 October 2023, n. 136); Articles 1, 1-bis, 2 and 2-quarter [google translation])
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"Art. 7 Pre-notification
2. Within thirty days of the information referred to in paragraph 1 the Department for the administrative coordination of the Presidency of Council of Ministers, following the resolutions taken by Coordination group, communicates to the company that: a. the operation subject to pre-notification does not fall within the scope of application of the decree -law of 15 March 2012, n. 21, as formal notification is consequently not due; b. the operation subject to pre-notification is likely to fall within the scope of the legislative decree of 15 March 2012, n. 21, in which case the company is required to carry out the notification provided for by articles 1 and 2 of decree -law no. 21 of 2012; c. the operation subject to pre-notification falls within the scope of application of the decree -law of 15 March 2012, n. 21 , but the conditions for the exercise of special powers are manifestly non-existent. [...]" (DECREE OF THE PRESIDENT OF THE COUNCIL OF MINISTERS 1 August 2022, n. 133, Article 7 [google translation]
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"Article 1 Scope
1. This decree regulates, in implementation of the art. 2-quater, paragraph 2-bis, of the legislative decree of 15 March 2012, n. 21, mechanisms for connecting the notification obligation and tender procedures e measures to simplify notification methods and deadlines and the procedures relating to the investigation of proceedings falling within the scope of application of the legislative decree of 15 March 2012, no. 21[...]
Article 2 Connection mechanisms in the pre-notification phase
1. The contracting authority, public or private, may transmit to the Department for the administrative coordination of the Presidency of Council of Ministers information on the tender procedure, too prior to the publication of the tender notice, providing all the documents and information, as available, provided for the formal notification, including the decision to contract, the tender notice [...]
2. Within thirty days of the information referred to in paragraph 1 the Department for the administrative coordination of the Presidency of
Council of Ministers, following the resolutions taken by Coordination group, communicates to the contracting authority that:
a. the subject of the pre-notification is out of scope application of the legislative decree of 15 March 2012, n. 21, not appearing consequently formal notification is due; b. the subject of the pre-notification is likely to return within the scope of the legislative decree of 15 March 2012, n. 21, in in which case the notification provided for in articles 1 and 2 must be carried out decree-law n. 21 of 2012; c. the subject of the pre-notification falls within the scope of application of the legislative decree of 15 March 2012, n. 21, but they are manifestly the conditions for the exercise of special powers are non-existent.
3. In the cases referred to in paragraph 2, letters b) and c), the Coordination Group, upon proposal of the Ministry responsible for the investigation and the proposal for the possible exercise of the special powers, following a preliminary assessment on the subject of the pre-notification, may provide recommendations. [...]
Article 3 Notification and terms of proceedings
1. The contracting authority and the company receiving the proposal awarding authority may carry out the notification referred to in Articles 1 and 2 of legislative decree no. 21 of 2012, even prior to award proposal and from the moment of conclusion of the phase of evaluation of the offers and selection of the best ones bidders, without prejudice to the notification obligations established by the articles 1 and 2 of legislative decree no. 21 of 2012. [...]
4. The notification obligations provided for by the remain unchanged decree-law n. 21 of 2012 in the case of the purchase of shareholdings in companies already holding concessions, as well as deeds which modify the ownership, control, or availability of strategic assets held by them." (DECREE OF THE PRESIDENT OF THE COUNCIL OF MINISTERS 1 September 2022 n. 189 Articles 1, 2 and 3 [google translation])
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"Art. 4-bis - (Amendments to the regulation of special powers in the sectors of strategic relevance). [...]
3. Until the date of entry into force of the first decree of President of the Council of Ministers referred to in Article 2, paragraph 1-ter, of the decree-law of 15 March 2012, n. 21, [...] as replaced by the paragraph 1, letter c), number 3), of this article, without prejudice to the application of articles 1 and 2 of the aforementioned decree-law, as modified by this article, is subject to the notification referred to in paragraph 5 of article 2 of the same decree-law n. 21 of 2012 the purchase to any title of participations in societa 'that hold assets and relationships in the sectors referred to in Article 4, paragraph 1, letters a), b), c), d) and e), of Regulation (EU) 2019/452 [...], including in the financial sector the credit sectors e insurance, and, in the health sector, production, import and the wholesale distribution of medical devices, medical-surgical and individual protection.
3-bis. In order to counter the epidemiological emergency from COVID-19 and contain its negative effects, ((until 31 December 2021)) :
a) are subject to the notification obligation referred to in paragraph 2 of article 2 of the decree-law n. 21 of 2012, also the resolutions, acts or transactions, adopted by an enterprise that holds assets e relationships in the areas referred to in Article 4 (1) (a),
b), c), d) and e) of Regulation (EU) 2019/452, understood as included in the financial sector, the credit and insurance sectors, as well as the resolutions, acts or operations identified by decree of President of the Council of Ministers referred to in the aforementioned article 2,
paragraph 1-ter, of the decree-law n. 21 of 2012, which have for effect of changes in ownership, control or availability of said assets or the change of theirs destination; 
b) are subject to the notification obligation referred to in paragraph 5 of article 2 of the same decree-law n. 21 of 2012, in relation to the assets and relationships referred to in paragraph 1 of article 2, of the same decree-law n. 21 of 2012, as well as assets and relationships in the sectors indicated in letter a), or identified by decree of the President of the Council of Ministers referred to in the aforementioned article
2, paragraph 1-ter, of the decree-law n. 21 of 2012, including purchases for any reason of shareholdings, by foreign parties, also belonging to the European Union, of such significance as to determine the buyer's stable settlement in reason the assumption of control of the company whose participation is object of the purchase, pursuant to article 2359 of the civil code and of the consolidated act as per legislative decree no. 58, as well as the purchases of shareholdings by subjects foreigners not belonging to the European Union, which attribute a share of voting rights or capital equal to at least 10 per cent, taking into account the shares or quotas already directly or indirectly owned, when the total value of the investment is equal to or exceeding one million euros, and are also notified acquisitions that result in exceeding the thresholds of 15 per one hundred, 20 percent, 25 percent and 50 percent of the capital;
c) the provision referred to in Article 2, paragraph 6, letter a), of the decree-law n. 21 of 2012, also applies when the control provided therein is exercised by a public administration of a Member State of the European Union.[...]" (DECREE-LAW of 21 September 2019, n. 105, "Urgent provisions regarding the perimeter of national cyber security ((and the regulation of special powers in sectors of strategic importance))"; last amended by LAW of June 17, 2021, n. 87; Article 4-bis [google translation])
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"Art. 1
Identification of strategically relevant assets in the energy sector
1. For the purposes of exercising the special powers referred to in Article 2 of Legislative Decree No. 21 of 15 March 2012 , converted, with amendments, by Law No. 56 of 11 May 2012 , hereinafter referred to as: "Legislative Decree", the assets of strategic importance in the national energy system are identified in the energy networks of national interest, and in the related conventional relationships, listed in paragraph 2.
2. The assets referred to in paragraph 1 include:
a) national natural gas transport network and related compression stations and dispatching centres, as identified pursuant to Article 9 of Legislative Decree 23 May 2000, no. 164 , as well as gas storage facilities;
b) infrastructure for the supply of electricity and gas from other States, including onshore and offshore LNG regasification facilities;
c) national electricity transmission network and related control and dispatching systems;
d) management activities and essential properties connected to the use of the networks and infrastructures referred to in the previous letters a), b) and c).
Art. 2
Identification of strategically relevant assets in the transport sector
1. For the purposes of exercising the special powers referred to in Article 2 of the Legislative Decree, the networks and facilities of strategic importance for the transport sector are identified in the large networks and facilities of national interest, also intended to guarantee the main trans-European connections, and in the related conventional relationships, as identified in paragraph 2.
2. The following are included in the networks and systems referred to in paragraph 1:
a) ports of national interest;
b) airports of national interest;
c) national spaceports;
d) national railway network of relevance for the trans-European networks;
e) interports of national importance;
f) road and motorway networks of national interest.
Art. 3
Identification of strategically relevant assets in the communications sector
1. For the purposes of exercising the special powers referred to in Article 2 of the Legislative Decree, the assets of strategic importance in the communications sector are identified in the dedicated networks and in the public access network to end users in connection with metropolitan networks, service routers and long-distance networks, as well as in the systems used for the provision of access to end users of services falling within the universal service obligations and broadband and ultra-broadband services, and in the related contractual relationships, without prejudice to the provisions of Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 and Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 .
2. The assets referred to in paragraph 1 include dedicated elements, even where the use is not exclusive, for connectivity (voice, data and video), security, control and management relating to fixed-location telecommunications access networks.
Art. 4
Scope of application of the special powers regulation
1. Without prejudice to the obligation to notify, the special powers referred to in Article 2 of the Legislative Decree and relating to this Regulation shall apply to the extent that the protection of the essential interests of the State provided for in the same Article 2, including those connected to adequate infrastructural development, is not adequately guaranteed by the existence of specific sector regulation, including of a conventional nature connected to a specific concession relationship. [...]" (Decree of the President of the Council of Ministers, 23 December 2020, n. 180, Articles, 1, 2, 3, and 4 [google translation])
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"Art. 1
Object
1. In implementation of paragraph 1-ter of Article 2 of Legislative Decree No. 21 of 15 March 2012 , converted, with amendments, by Law No. 56 of 11 May 2012 , this decree identifies, also pursuant to Article 15 of Legislative Decree No. 23 of 8 April 2020 , converted, with amendments, by Law No. 40 of 5 June 2020 , assets and relationships of strategic importance for the national interest, in addition to those identified in the decrees referred to in Article 1, paragraph 1, and Article 2, paragraph 1, of the same Legislative Decree No. 21 of 2012 , in the sectors referred to in Article 4, paragraph 1, of Regulation (EU) No. 2019/452 of the European Parliament and of the Council of 19 March 2019 , as well as the type of acts or transactions within the same group to which the provisions of the aforementioned Article 2, paragraph 1-ter do not apply.
Art. 2
Definitions
1. For the purposes of this decree:
(a) “critical infrastructure” means infrastructure that is essential for maintaining the vital functions of society, health, safety and the economic and social well-being of the population;
(b) "critical technologies" means technologies that are essential for the maintenance of the vital functions of society, the health, safety, economic and social well-being of the population, as well as for technological progress;
(c) "critical production factors" means the goods and relationships essential for maintaining the vital functions of society, the health, safety and economic and social well-being of the population;
(d) 'critical information' means information essential for the maintenance of the vital functions of society, the health, safety and economic and social well-being of the population;
(e) "economic activities of strategic importance" means economic activities that are essential for maintaining the vital functions of society, the health, safety, economic and social well-being of the population, as well as for technological progress. [...]" (Decree of the President of the Council of Ministers, 18 December 2020, n. 179, Articles 1 and 2 [google translation])

(DECREE-LAW of 15 March 2012, n. 21, "Rules on the special powers over corporate assets in the sectors of defence and national security, as well as over the activities of strategic importance in the fields of energy, transport and communications", converted into law by LAW of 11 May 2012, n. 56; last amended by DECREE-LAW of 10 August 2023, n. 104 (converted into law and modified by LAW of 9 October 2023, n. 136)
DECREE OF THE PRESIDENT OF THE COUNCIL OF MINISTERS 1 August 2022, n. 133
DECREE OF THE PRESIDENT OF THE COUNCIL OF MINISTERS 1 September 2022 n. 189
DECREE-LAW 21 March 2022, n. 21 "Urgent measures to counter the economic and humanitarian effects of the Ukrainian crisis", last amended by Law 20 May 2022, n. 51
DECREE-LAW of 21 September 2019, n. 105, "Urgent provisions regarding the perimeter of national cyber security ((and the regulation of special powers in sectors of strategic importance))"; last amended by LAW of June 17, 2021, n. 87
Decree of the President of the Council of Ministers, 23 December 2020, n. 180, Articles, 1, 2, 3, and 4
Decree of the President of the Council of Ministers, 18 December 2020, n. 179, Articles 1 and 2
[<a href="https://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=2012-03-15&atto.codiceRedazionale=012G0040&tipoDettaglio=multivigenza&qId=">Decree-Law</a>],[<a href="https://www.gazzettaufficiale.it/eli/id/2022/09/09/22G00138/sg">DECREE</a>],[<a href="https://www.gazzettaufficiale.it/eli/id/2022/12/06/22G00196/sg">DECREE</a>],[<a href="https://www.normattiva.it/atto/caricaDettaglioAtto?atto.dataPubblicazioneGazzetta=2022-03-21&atto.codiceRedazionale=22G00032&atto.articolo.numero=0&atto.articolo.sottoArticolo=1&atto.articolo.sottoArticolo1=10&qId=e75bd720-2f7c-48c1-b9cf-bba4767638ed&tabID=0.5951720554060962&title=lbl.dettaglioAtto">Decree-Law</a>],[<a href="http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legge:2019-09-21;105!vig=2021-08-19">Decree-Law</a>],[<a href="https://www.normattiva.it/esporta/attoCompleto?atto.dataPubblicazioneGazzetta=2020-12-30&atto.codiceRedazionale=20G00200">Decree</a>],[<a href="https://www.normattiva.it/esporta/attoCompleto?atto.dataPubblicazioneGazzetta=2020-12-30&atto.codiceRedazionale=20G00199">Decree</a>]