ENERGY POWER

Law 27191

Law 26190. National Development Scheme for the use of Renewable Energy Sources for the Production of Electrical Energy. Amendment. Sanctioned: September 23, 2015 Enacted in Fact: October 15, 2015

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

CHAPTER I

Amendments to Law 26.190, "National Development Regime for the Use of Renewable Sources of Energy Destined for the Production of Electrical Energy"

Article 1-Substitute Article 2 of Law 26.190, "National Development Regime for the Use of Renewable Sources of Energy Destined for the Production of Electrical Energy", by the following:

Article 2 °: Scope-The objective of this scheme is to achieve a contribution from renewable energy sources to eight per cent (8%) of national electricity consumption as at 31 December 2017.

Article 2-Substitute (a) and (b) of Article 4 ° of Law 26.190, "National Development Regime for the Use of Renewable Sources of Energy Destined for the Production of Electrical Energy", for the following:

a) Renewable Energy Sources: It is the renewable sources of non-fossil energy suitable for sustainable use in the short, medium and long term: wind energy, solar thermal, solar photovoltaic, geothermal, tidal wave, The invention also relates to the use of water, water, water, water, gas, water, gas, water, gas, water, gas, water, gas, water, gas, water, gas, waste, water, gas, waste, water, gas, waste, water (b) The power limit set by this law for hydroelectric power plants shall be up to 50 megawatts (50 MW).

ARTICLE 3-Substitute Article 7 of Law 26.190, "National Development Regime for the Use of Renewable Energy Sources for the Production of Electrical Energy", for the following:

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Article 7 °: Investment Regime-Institutional Investment Regime for the construction of new works for the production of electrical energy generated from renewable sources of energy, which will govern with the scope and limitations established in this law.

Article 4 °-Substitute Article 9 ° of Law 26.190, "National Development Regime for the Use of Renewable Energy Sources for the Production of Electrical Energy", by the following:

Article 9 °: Benefits-The beneficiaries referred to in Article 8 ° that are engaged in the realization of electricity production enterprises from renewable sources of energy in the terms of this law and that comply with the the conditions laid down therein shall enjoy the promotional benefits provided for in this Article, on the basis of the approval of the respective project by the Application Authority, provided that the said project has an effective principle of execution before 31 December 2017, inclusive. It is understood that there is an effective principle of enforcement when funds are made from funds associated with the project in the amount of not less than 15% (15%) of the total investment envisaged before the preceding date. The accreditation of the effective principle of implementation of the project shall be carried out by means of a sworn declaration submitted to the implementing authority under the conditions laid down in the rules. The applicable promotional benefits are as follows: 1. Value Added Tax and Earnings Tax. With regard to the Value Added Tax and the Income Tax, the treatment provided by Law 26.360 and its regulatory norms will apply, which will continue to be effective until the end of the "Promotion Regime". National for the Use of Renewable Sources of Energy Destined for the Production of Electrical Energy ", with the modifications set out below: 1.1. This tax treatment shall apply to the execution of infrastructure works, including capital goods, civil works, electromechanical and assembly works and other related services that integrate the new generation plant or are integrated into the existing plants and make up an uncleaved assembly in the case of their functional fitness for the production of electrical energy from renewable sources as defined in Article 4 (a) of this Law. 1.2. The benefits of accelerated depreciation in the income tax and early return of the value added tax will not be mutually exclusive, allowing the beneficiaries to access both treatments simultaneously. tax. 1.3. The benefit of the advance refund of the Value Added Tax will be made effective after at least one (1) tax period counted from the one in which the respective investments have been made and will be applied with respect to the Value Added Tax invoiced to the beneficiaries for the investments they make up to the completion of the respective projects within the time limits provided for the commercial operation of each of the same. 1.4. With regard to the benefit of the accelerated depreciation in the income tax for investments covered by this scheme, the beneficiaries who make them may choose to practise the respective depreciation from the the tax period for the rating of the good, in accordance with the rules laid down in Articles 83 and 84, as appropriate, of the Law on Income Tax (t.o. 1997) and its amendments, or in accordance with the rules set out below: 1.4.1. For investments made before 31 December 2016 inclusive: 1.4.1.1. In immovable movable property acquired, manufactured, manufactured or imported in that period: at least two (2) annual, equal and consecutive shares. 1.4.1.2. In infrastructure works initiated in that period: at least in the quantity of annual, equal and consecutive quotas that arise from considering its useful life reduced to fifty per cent (50%) of the estimate.

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1.4.2. For investments made before 31 December 2017, including: 1.4.2.1. In immovable movable property acquired, manufactured, manufactured or imported in that period: at least three (3) annual, equal and consecutive shares. 1.4.2.2. In infrastructure works initiated during that period: at least in the quantity of annual, equal and consecutive quotas that arise from considering their useful life reduced to sixty per cent (60%) of the estimate. Once opted for one of the aforementioned depreciation procedures, the same must be communicated to the Application Authority and the Federal Administration of Public Revenue in the form, time and conditions that the same establish and apply-without exception-all capital investments to be made for the implementation of the new projects or for the extension of the productive capacity of existing projects, including those required during its operation. 2. Compensation of bankruptcy with profits. For the purposes of applying the provisions of Article 19 of the Law on Income Tax (1997) and its amendments, by the beneficiaries of this scheme, the period for the compensation of the bankruptcy provided for in the second Paragraph of the above standard extends to ten (10) years. 3. Tax on the Presumed Minimum Gain. The goods affected by the activities promoted by this law, will not integrate the tax base of the Presumed Minimum Profit established by law 25.063, or the one that in the future will complement, modify or replace, from the effective principle of execution of works, as defined above in this article, extending this benefit up to and including the eighth financial year, from the date of implementation of the respective project. 4. Deduction from the financial liability of the financial liability. For the purposes of the application of Article 94 (5) and Article 206 of Law 19,550 and its amendments, interest and differences in exchange arising from the financing of the proposed project may be deducted from the loss of the company. by this law. 5. Exemption from tax on the distribution of dividends or profits. The dividends or profits distributed by the companies holding the investment projects benefiting from this scheme shall not be achieved by the income tax at the rate of 10% (10%) established in the last Article 90 of the Law on Income Tax (t.o. 1997) and its amendments, incorporated by Law 26,893, to the extent that they are reinvested in new infrastructure projects in the country. 6. Tax certificate. The beneficiaries of this scheme who, in their investment projects, provide a total of 60% (60%) of the integration of the national component into the electromechanical installations, excluding the civil work, or the smaller percentage than They shall be entitled to receive a tax certificate for the purpose of applying the national production rate, which shall not be less than 30% (30%). the payment of national taxes, of a value equivalent to 20% (20%) of the national component of electromechanical installations-excluding civil work-accredited. From the date of entry into commercial operation, the beneficiaries may request the Application Authority, within the time limits and in accordance with the procedure laid down for this purpose, to issue the tax certificate, in so far as it is credit the percentage of the national component actually incorporated in the project. The tax certificate referred to in this paragraph shall be nominative and may be transferred to third parties only once. It may be used by the beneficiaries or the transferee for the payment of all the amounts to be paid in respect of the Income Tax, Tax on the Presumed Minimum Income,

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Tax on the Value Added, Internal Revenue, in the form of a balance of affidavit and advances, the collection of which is in charge of the Federal Administration of Public Revenue.

CHAPTER II

Second Stage of the National Development Regime for the Use of Renewable Energy Sources Destined for the Production of Electrical Energy.

Period 2018-2025.

ARTICLE 5-It is established as the objective of the Second Stage of the "National Development Regime for the Use of Renewable Sources of Energy Destined for the Production of Electrical Energy" instituted by Law 26.190, with the modifications introduced by this law, to make a contribution from renewable energy sources to 20% (20%) of the national electricity consumption, as at 31 December 2025.

ARTICLE 6-The persons who meet the conditions required to be beneficiaries of the system established by law 26.190, with the modifications introduced by this law, whose investment projects have effective principle of execution between 1 January 2018 and 31 December 2025, shall be included in the scheme referred to and shall enjoy the promotional benefits provided for in Article 9 of that law, as amended by the present law, on the basis of the approval of the the respective project on the part of the Application Authority, with the modifications indicated to continuation:

1. For investments made between January 1, 2018 and December 31, 2021, inclusive, the benefit of the advance refund of the Value Added Tax shall be made effective after at least two (2) tax periods. from the one in which the respective investments have been made. For investments made between 1 January 2022 and 31 December 2025, inclusive, this benefit will be made effective after at least three (3) tax periods counted in the same way. 2. With regard to the benefit of the accelerated depreciation in the income tax for investments covered by this scheme, the beneficiaries who make them may choose to practise the respective depreciation from the the tax period for the rating of the good, in accordance with the rules laid down in Articles 83 and 84, as appropriate, of the Law on Income Tax (t.o. 1997) and its amendments, or in accordance with the rules set out below: 2.1. For investments made between 1 January 2018 and 31 December 2021, inclusive: 2.1.1. In immovable movable property acquired, manufactured, manufactured or imported in that period: at least four (4) annual, equal and consecutive shares. 2.1.2. In infrastructure works initiated during that period: at least in the quantity of annual, equal and consecutive quotas that arise from considering its useful life reduced to seventy per cent (70%) of the estimate. 2.2. For investments made between 1 January 2022 and 31 December 2025 inclusive: 2.2.1. In immovable movable property acquired, manufactured, manufactured or imported in that period: at least five (5) annual, equal and consecutive shares. 2.2.2. In infrastructure works initiated during that period: at least in the quantity of annual, equal and consecutive quotas that arise from considering their useful life reduced to eighty percent (80%) of the estimated one.

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2.3. For investments carried out after 1 January 2026, including, for projects with an effective implementation principle prior to that date: 2.3.1. In immovable movable property acquired, manufactured, manufactured or imported in that period: at least five (5) annual, equal and consecutive shares. 3. The provisions of Article 9 (1) (1) of Law 26.190, with the amendments introduced by this law, not amended by paragraphs 1) and 2) of this Article, apply in the terms provided therein. 4. For the purposes of applying the provisions of (1), (2) and (3) above, Law 26.360 and its regulatory standards shall remain in force until the end of the Second Stage of the "National Development Scheme for the Use of Sources". Renewable Energy Destined to the Production of Electrical Energy ", with the modifications established in this law. 5. The promotional benefits provided for in points (2), (3), (4), (5) and (6) of Article 9 (2) of Law 26.190, as amended by this Act, apply in the terms specified therein.

CHAPTER III

Trust Fund for the Development of Renewable Energy

ARTICLE 7 °-Create the Public Trust Fund called "Fund for the Development of Renewable Energy" henceforth, "FODER" or the "Fund" that will be formed as a trust of administration and financial, that will govern all the territory of the Republic of Argentina with the scope and limitations set forth in this Law and the regulatory norms that the Executive Branch dictates in its consequence. 1. Object. The Fund shall aim at the application of the fideicomial assets to the granting of loans, the realization of capital contributions and the acquisition of any other financial instrument for the execution and financing of eligible projects. the purpose of enabling the acquisition and installation of capital goods or the manufacture of goods or works of infrastructure, in the framework of undertakings for the production of electrical energy from renewable sources under the terms of Law 26.190, modified by the present. 2. Designate the national state, through the Ministry of Economy and Public Finance, as a trustee and trustee of the Fund and the Investment and Foreign Trade Bank as a trustee. Natural persons domiciled in the Republic of Argentina and legal persons incorporated in the Republic of Argentina who are the holders of an investment project with the scope defined in Article 8 of Law 26.190 shall be beneficiaries. which has been approved by the Authority. 3. Constitute the Executive Committee of the "Fund", which shall be composed of the Secretary of Energy, dependent on the Ministry of Federal Planning, Public Investment and Services; the Secretary for Economic Policy and Development Planning, under the Ministry of Economy and Public Finance; and the President of the Investment and Foreign Trade Bank, who may appoint an alternate member with no lesser rank as deputy secretary or director, as the case may be. 4. Resources of the Fund. The FODER will have a patrimony that will be constituted by the following fideicomítítas: a) The resources from the National Treasury that the National State assigns to it through the Application Authority, which will not be able to be annually less than fifty percent (50%) of the effective savings in fossil fuels due to the incorporation of generation from renewable sources obtained in the previous year, according to how the regulations establish. (b) specific charges for energy demand to be established.

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(c) The recovery of the capital and interest from the financing granted. d) The dividends or profits received by the ownership of shares or units in the eligible projects and the proceeds from its sale. (e) The production of its operations, the income, fruits and investment of the fideicomítate goods. (f) The income earned by the issuance of fiduciary securities issued by the Trust on behalf of the Fund. To this end, the Fund may request the endorsement of the National Treasury in the terms of the regulations. Instruct the Chief of Staff of Ministers to arrange for the appropriate budgetary adjustments, through the reallocation of items from the National Budget, for the purpose of implementing the provisions of the present. 5. Instruments. In order to comply with its purpose, the FODER may: (a) provide funds and grant facilities through loans, purchase of public or private trust securities, as long as these are issued with the sole purpose of obtaining financing for projects achieved by the present. (b) To make capital contributions in companies that carry out the projects and to subscribe to any other financing instrument to be determined by the Application Authority, provided that they allow financing projects with the intended destinations in the present law. c) Bonify percentage points of the interest rate of credits and securities that it grants or in which financial institutions or other actors intervene in the role of financing providers. In this case, the credit risk shall be assumed by those entities, which shall be in charge of the credit risk assessment. However, in order to grant the benefit, the Executive Committee shall be approved of the prior eligibility of the project. d) Grant guarantees and guarantees to support the contracts for the sale of electric energy to be signed by the Company of the Administration of the Electric Wholesale Market S.A. (CAMMESA) or by the institution designated by the Enforcement Authority as representing the national State. The instruments used by the FODER to inject funds into eligible projects may be nominated in US dollars or pesos, corresponding in the latter case their integration and payment in pesos. The Application Authority of this Law shall determine the terms and conditions of the instruments and how the lines of credit and guarantees or guarantees provided for in this paragraph shall be administered and granted, which shall be approved by the Authority. Executive Committee. The instruments must be given priority to the enterprises that demonstrate the highest percentage of integration of the national component. For such purposes, the Fund shall grant the interest rate in accordance with paragraph c only to projects which establish the percentage of national integration as set out in the first subparagraph of Article 9 (6) of the Law. 26.190, as amended by Article 4 of the present Regulation, in accordance with the determination of the Authority. 6. Tax treatment. Both the FODER and the Trustee, in their FODER operations, will be exempt from all existing national taxes, fees and contributions and be created in the future. This exemption provides for the taxes of laws 20,628, 25,063, 25,413 and 23,349 and other internal taxes that may correspond. 7. Application Authority. The Fund's Implementation Authority shall be designated by the Executive Branch and shall be empowered to issue the relevant regulatory, clarifying, amending and supplementary rules and apply the appropriate penalties. Authorize the Application Authority to delegate functions to a dependency of no less than Subsecretarial. 8. The Ministry of Economy and Public Finance will be empowered to approve the Trust Agreement within thirty (30) days of the publication of this Law in the Official Gazette.

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9. Facultthe holder of the Ministry of Economy and Public Finance or to whom he appoints in his replacement, to subscribe to the Trust Contract with the trustee.

CHAPTER IV

Contribution of Electrical Energy Users to the Compliance of the Objectives of the Promotion Regime

Article 8 °-Establishment that all electrical energy users in the Republic of Argentina must contribute to the achievement of the objectives set out in Law 26.190, as amended by this Law, and in Chapter II of this Law, provided in this Chapter. To this end, each subject must achieve the minimum incorporation of eight per cent (8%) of total electricity consumption, with energy from renewable sources, as at 31 December 2017, and 20 per cent. (20%) to 31 December 2025. Compliance with these obligations should be done gradually, according to the following timetable: 1. At 31 December 2017, at least eight per cent (8%) of the total electricity consumption of electricity must be reached. 2. At 31 December 2019, at least 12% (12%) of the total of the electricity consumption itself shall be at least 12%. 3. On 31 December 2021, at least 16% (16%) of the total of the electricity consumption itself must be reached. 4. On 31 December 2023, they shall reach at least 18% (18%) of total electricity consumption. 5. On 31 December 2025, they must reach at least twenty per cent (20%) of the total electricity consumption. The minimum consumption set for the cut-off date of each period shall not be reduced in the following period.

ARTICLE 9 °-The Large Users of the Wholesale Electrical Market and the Great Demands that are Customers of the Prestors of the Public Service of Distribution or of the Dealer Agents, with demands of power equal to or greater than three hundred kilowatts (300 kW) must meet effectively and individually with the objectives set out in the previous article. For these purposes, they will be able to generate or contract the purchase of energy from different renewable sources of generation in order to comply with the requirements of this article. The purchase may be made to the generator itself, through a distributor who acquires it on its behalf to a generator, a marketer or to buy it directly from CAMMESA under the stipulations which, for this purpose, establish the Authority of Application. Contracts signed by the subjects indicated in the preceding paragraph may not set an average price of more than one hundred and thirteen US dollars or their equivalent in national currency, for each megawatt-hour marketed between the parties (U$S) 113/MWh). Completed two (2) years after the entry into force of the regulations of this law and until the end of the Second Stage of the "National Development Regime for the Use of Renewable Energy Sources Destined for the Production of Energy" Electricity ", the Application Authority may amend the maximum price set before it if the market conditions justify it, applicable for new contracts to be concluded.

ARTICLE 10. -For the purposes of the above Article, they are not applicable to the Great

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Users and the Great Demands included in the same or the generators using the renewable sources of energy, no norm in force at the moment of the entry into force of this law or that it is dictated in the future, that of any limit, restrict, prevent or prohibit, temporarily or permanently, the conclusion of the supply contracts provided for in Article 6 of Law No 24,065.

ARTICLE 11. -For non-compliances in the obligations of consumption of the portion of renewable electricity corresponding to the percentages indicated in Article 8 °, the Great Users of the Wholesale Electrical Market and the Great Demands that are Clients of the Prestors of the Public Service of Distribution or of the Dealer Agents, as penalty for such non-compliance will have to pay their missing to a price equivalent to the Variable Cost of Production of Electric Power corresponding to the generation whose source of fuel is imported oil of imported origin, calculated as the weighted average of the twelve (12) months of the calendar year preceding the date of default. The amount to be applied as a penalty will be determined by the Application Authority. The regulations shall establish the procedure to be followed in order to determine the existence of the non-compliance and, where appropriate, the application of the penalty, respecting the right of defence of the obliged subjects.

ARTICLE 12. -For the purposes of meeting the objectives set out in Article 8 ° by all the power demand of less than 300 kW (300 kW), the implementing authority shall have the measures necessary for the incorporation into the Wholesale Electricity Market (MEM), new offers of electric power from renewable sources that allow to reach the percentages and the deadlines set in the aforementioned article. The implementing authority shall also instruct CAMMESA or the entity that it considers relevant to diversify the renewable energy matrix in order to enable the development of different technologies and the geographical diversification of the enterprises. and take advantage of the country's potential in this area. For the purposes indicated, it shall not apply to contracts for the sale of electricity from renewable sources which are concluded by CAMMESA or the entity deemed relevant by the Application Authority for the maximum price set out in the second subparagraph. of Article 9 ° or the one which in the future replaces it by decision of the Authority of Application. The electric power of renewable sources from existing supply contracts to the date of entry into force of this law will be considered as part of the fulfillment of this objective.

CHAPTER V

Tax increases

ARTICLE 13. -The beneficiaries of the scheme established by law 26.190, with the amendments introduced by this law, whatever the date on which their projects are initiated and developed, may transfer to the price agreed in the renewable energy supply, the highest costs resulting from increases in taxes, taxes, contributions or national, provincial, municipal or municipal charges from the Autonomous City of Buenos Aires produced after the conclusion of such contracts. In contracts concluded by CAMMESA or the entity designated by the Application Authority, the generator shall be entitled to request the recognition of a new price for the energy supplied

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when increases in taxes, taxes, contributions or national, provincial, municipal or municipal charges are produced. For such purposes, it shall provide CAMMESA or the entity designated by the Application Authority, before the last working day of each month, with the information necessary to assess the adjustment of the value of the energy supplied.

CHAPTER VI

Import arrangements

ARTICLE 14. -The holders of all investment projects which meet the conditions required to be beneficiaries of the scheme established in law 26.190, with the amendments introduced by this law, whatever the date on which they are initiate and develop, shall be exempt from payment of import duties and any other duty, excise duty, correlative levy or rate of statistics, excluding other remuneration of services, by the introduction of capital goods, special equipment or parts or components of such goods, new to all the cases, and of the inputs identified by the Application Authority, which are necessary for the implementation of the investment project. The exemptions or the consolidation of the duties and charges shall be extended to the new parts and accessories necessary to ensure the implementation and development of the activity, which shall be subject to the respective verification of destination, which will have to respond to the project that prompted these requirements. Exemptions or consolidation of duties and charges shall also be extended to the importation of capital goods, parts, components and inputs for the production of renewable source electrical generation equipment and goods. intermediate in the value chain for the manufacture of electrical generation equipment of renewable source both when its destination is the sale within the country as well as the export, provided that it is established that there is no national production of the goods to import. The Application Authority shall determine how to comply with the required accreditation.

ARTICLE 15. -capital goods, parts, accessories and inputs which are introduced under the release of the duties and charges laid down in the preceding Article, may be transferred, transferred or affected only from the activity which is the subject of the profit, after the end of the cycle of the activity which led to its importation or its useful life if it were minor. If it is re-exported or transferred to an activity not covered by this scheme, the payment of the duties, taxes and charges corresponding to that time shall be made.

ARTICLE 16. -The benefits provided for in this Chapter shall be valid until 31 December 2017.

CHAPTER VII

Access and Use of Renewable Energy Sources

ARTICLE 17. -Access and use of renewable energy sources included in Article 4 ° of Law 26.190, as amended by this law, shall not be taxed or achieved by any specific type of tax, royalty or royalty, be national, provincial, municipal or Autonomous City

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from Buenos Aires, until December 31, 2025. The provisions of the preceding paragraph do not prevent the perception of royalties or equivalent consideration for the use of fiscal land in which the undertakings are installed.

CHAPTER VIII

Electric Power From Renewable Resources Intersenders

ARTICLE 18. -The electric power from intermittent renewable resources will have, for its electrical office, a treatment similar to that received by the hydroelectric power plants of the past.

ARTICLE 19. -The physical support of the power of the self-generation with renewable energy and renewable energy contracts shall not be required for the subjects covered by Article 9 of this law. The Application Authority shall have the mechanisms to ensure the reserve of power associated with renewable generation, the cost of which shall be borne by the entire system.

CHAPTER IX

Supplementary Clauses

ARTICLE 20. -The Application Authority shall disseminate as widely as possible the information relating to offers for the generation of electrical energy from renewable sources of energy.

ARTICLE 21. -Invite the provinces and the Autonomous City of Buenos Aires to adhere to this law and to dictate in their respective jurisdictions, those that have not yet done so, their own legislation aimed at promoting the production of electric power from renewable sources of energy. In the law of accession, the provinces shall expressly invite the municipalities of their respective jurisdictions to adhere to the present and to issue the relevant legislation with the purpose of promotion indicated in the preceding paragraph.

ARTICLE 22. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-THREE DAYS OF THE MONTH OF SEPTEMBER OF THE YEAR TWO THOUSAND FIFTEEN.

-REGISTERED UNDER NO 27191-

BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Lucas Chedrese.

Date of publication: 21/10/2015

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