MINISTER OF ECONOMIC DEVELOPMENT In view of art. 10, paragraph 2, of Legislative Decree 16 March 1999, n. 79, amended by art. 1-d, paragraph 5, of the Decree-Law of 29 August 2003, no. 239, converted with amendments into law October 27, 2003, n. 290, which provides that, by order of the Minister of activities 'productive and hearing the opinion of the Authority' for electricity and gas, are identified mode 'and conditions of imports in case they show insufficient capacity' transport available, taking into account an equitable overall allocation between regulated and free market; In view of art. 35, paragraph 2, of the Law of 12 December 2002 n. 273, according to which the supply contracts concluded by customers meeting the requirements specified in paragraph 1 shall not apply the provisions of art. 6, paragraph 3, of Legislative Decree 16 March 1999, n. 79, amended by art. 1-quinquies of the Decree-Law of 29 August 2003, no. 239, with amendments, into law 27 October 2003 n. 290; Having regard to Regulation (EC) No. 1228/2003 of the European Parliament and of the Council of 26 June 2003 on access to the network for cross-border exchanges in electricity, and in particular art. 6, concerning the general principles of congestion management, based on which the network congestion problems are addressed with non-discriminatory solutions based on market criteria, and art. 9 of the same regulation that, in exercising their powers, the authorities' national regulatory ensuring compliance with the rules of the regulation and the guidelines adopted by the Commission pursuant to Art. 8; The Order of the President of the Council of Ministers May 11, 2004, concerning the criteria, mode 'and conditions for the unification of property' and the management of the national electricity transmission grid, and in particular art. 1, paragraph 1, according to which they are transferred to Terna Spa activities', the functions, goods, assets and liabilities, belonging to the Manager of the Spa national grid except those referred to in subparagraphs a) , b) c) of that subsection, including the activities' related to the administration of imports; Given the Regulations (EC) No. 1223/2004 of the Parliament and of the Council of 28 June 2004 amending Regulation (EC) No. 1228/2003 as regards the date of application of certain provisions to Slovenia, by providing specifically for the interconnections between Slovenia and neighboring Member States, the provisions of Article. 6, paragraph 1, as well as' the rules 1 to 4 contained in the chapter entitled 'General points' of the Annex, shall apply from 1 July 2007; Having regard to Law 23 August 2004, n. 239, concerning reorganization of the energy sector as well as' authorizing the government to reform the current provisions relating to energy, in particular: Article. 1, paragraph 7, letter a), that fall within the functions assigned to the State, that the exercises also making use of the Authority 'for electricity and gas, determinations regarding the import and export of energy, the 'art. 1, paragraph 3, letter f), according to which constitutes general objective of energy policy, among others, promote the development of imports for the purpose 'of national security and development of the competitiveness' of the economic system of the country, the' art. 1, paragraph 107, according to which, by the Minister of activities' production, at the proposal of the Authority 'for electricity and gas, the technical characteristics and mode' of access and connection are defined between the national energy networks and from those states whose territories and 'entirely within Italian territory; Having regard to Decree Law 18 June 2007 n. 73, converted into Law August 3, 2007, n. 125, (hereinafter Law no. 125/2007) concerning urgent measures for the implementation of Community legislation on the liberalization of energy markets, and in particular art. 1, paragraph 2, concerning the protection service, for which the supply of electric power continues to be carried out by only one buyer; Given the Decree of the Minister of activities' production December 19, 2003, published in the Ordinary Supplement to the Official Journal of the Italian Republic n. 301 of 30 December 2003 which, among other things, determined that from 8 January 2004, the manager of the electricity market Spa, in art. 5 of Legislative Decree 16 March 1999, n. 79, take the responsibility 'of relatively functions organization and management of the electricity market; Given the Decree of the Minister of activities' production December 19, 2003, published in the Official Gazette of the Italian Republic, General Series, no. 301 of 30 December 2003 which, inter alia, ruled that the company 'Single Buyer Spa, under Article from 1 January 2004. 4, paragraph 1 of Legislative Decree 16 March 1999, n. 79, take ownership 'of the functions of ensuring the supply of electricity for the regulated market; The Order of the Minister of activities 'productive 15 December 2006 laying down detailed rules' and conditions of electricity imports for the year 2007 and only the Buyer Spa directives relating to multi-year import contracts for 2007 and deliberation Authority 'for electricity of 15 December 2006, n. 288/2006; Having regard to the directives of the Minister of activities 'productive June 4, 2003 and November 26, 2004 to the Manager of the Spa national transmission grid in which you set the criteria for the allocation of capacity between Italy and Switzerland' additional interconnection resulting from the entry into operation of 'San Fiorano-Robbia power line; Views: the ministerial note of 20 October 2000, prot. n. In 2913, with which you and 'arranged a reservation in favor of the Republic of San Marino, for the period 2001-2010, a share of capacity' of interconnection shipping will amount to 42 MW, be increased from year to year, compared to figure recorded in the previous year, based on the average growth rate of electricity consumption reported by the same Republic and in any case no more than 5% per annum; The ministerial note of 29 November 2001, prot. n. 3766, by which you and 'placed a reservation in favor of the City' State of the Vatican, for the period 2002-2011, the capacity of a 'quota available to the maximum extent of 50 MW; The ministerial note of 28 December 2001, prot. n. 227162, with which you and 'recognized Edison Spa, the right to re-entry in Italy of part of electricity produced at the hydroelectric reservoir of Innerferrera, corresponding to 30% of the production resulting from one of the three falls that make up the basin itself, defined national pertaining to the senses of the law March 9, 1955, n. 317, the ratification of the international agreement between Italy and Switzerland of 18 June 1949; Having regard to the Authority 'letters for electricity and gas and to the Manager of the national transmission network of 22 October 2004 and 1 April 2005, concerning the request for information and assessments of the students' ability to import energy power for the Republic of San Marino and the State Citta 'del Vaticano and implementation of art. 1, paragraph 107 of the Law of 23 August 2004, n. 239; View the letter of the company 'Edison Spa of 3 August 2006, which' was put forward a proposal on the modalities' re-entry into Italy of the share of energy produced in the central Italian KHR Innerferrera in implementing the Agreement and Additional Protocol between Italy and Switzerland, ratified in Italy by law 9 March 1955, n. 317; Having regard to the Commission Decision of 9 November 2006 amending the Annex to Regulation (EC) No. 1228/2003 on conditions for access to the network for cross-border trade, with which were provided guidelines on the management and allocation of capacity 'available transmission capacity of interconnections between national systems; View the note of the Minister of Economic Development of 14 November 2006 by which addresses were provided to the company 'Single Buyer Spa regarding modalities' of electricity supply to the captive market and disclosure to the Ministry itself; View the letter of Terna SpA 11 December 2006 in which, in order to mode 'proposals for the re-entry of the energy produced in the KHR Innerferrera Central, following meetings with the companies' and the Swiss network provider concerned, They have identified the guarantees and the actions necessary to enable efficiently the checks of the production plant of the Italian share; View a letter of 9 November 2007, prot. 13635, with which Terna has sent the agreement reached in 2007 with the network operator in Slovenia for the joint allocation of capacity 'interconnection on the Italian-Slovenian border as from 1 September 2007, and announced the state of progress of activities' undertaken for the strengthening of the interconnections; the letter view of Terna Spa of 16 November 2007, prot. TE / P2006013955, with whom you communicate, respectively: a) the values ​​of the capacity 'of transport in import and export for the year 2008 of interconnection lines on the borders with France, Switzerland, Austria and Slovenia; b) the values ​​of the capacity 'of export, for 2008, the interconnection line on the border with Greece; Vista's letter of November 20, 2007 Terna SpA, prot. 14833 which are provided clarification about the time of entry into service of the new commercial line of Mendrisio-Cagno interconnection with Switzerland; View the letter of the company 'Single Buyer Spa, of 30 November 2007, the Ministry of Economic Development, with which and' provided the forecast of demand to be met in the 2008-2010 period for customers of the protected market; Vista's letter of 6 December 2007 Terna, prot. 14866, with which 'was announced that the Terna has agreed with the Swiss network provider the modalities' joint allocation of capacity 'of transport rights at the Swiss border for the year 2008, and that the relevant agreement, so' like those with the other network operators of neighboring countries, it will be 'formalized downstream of the process to define the mode' and conditions for the allocation of capacity 'rights of interconnection transportation by the Authorities' competent; Given that the aforementioned Terna letters of 16 November 2007 and 20 November 2007, are used to determine, for the year 2008, the maximum value of capacity 'export on the border with Greece and 500 MW, according to the following table , the maximum values ​​of capacity 'of import and export for the various borders: Imports (MW) ============================== ======================================= | France | Switzerland | Austria | Slovenia | Total =============================================== ====================== Winter - daytime | 2650 | 3890 | 220 | 430 | 7190 Exports (MW) ============================================= ======================== | France | Svizera | Austria | Slovenia | Total ============================================= ======================== Winter - night | 1160 | 1560 | 100 | 180 | Since 3000, with effect from 1 November 2005, in implementation of the Decree of the President of the Council of Ministers May 11, 2004, the company 'Terna electrical national network Spa (hereinafter: Terna) and' resulting from the unification of the subject property ' and management of the national electricity transmission grid and that the Manager of the national transmission grid at Spa has changed its name first in Spa manager GRTN electrical system and subsequently, on October 1, 2006, Manager of electrical services GSE SpA (hereinafter : Manager of electric services); Considering that the bidding system in art. 5 of Legislative Decree 16 March 1999, n. 79, and 'fully operational and allows, even to foreign operators, to make sales offers and bids for electricity in conditions of competition and transparency of transactions; Considering that: a) the above-mentioned decree of the Minister of activities' production of 19 December 2003, published in the Official Gazette of the Italian Republic, General Series n. 301 of 30 December 2003, intended to Buyer only Spa electricity deriving from multi-year import contracts in place stipulated by Enel Spa prior to the date of 19 February 1997, for supply to the captive market; b) the said multi-year import contracts insist on the border with Switzerland; c) as from 1 July 2007, the appropriate customer qualification and 'extended to all end users, who can withdraw from the previous electricity supply contract; d) for 2008, the estimates on market requirements catered formulated by the Single Spa, indicate values ​​decreased compared to those recorded in 2007; Considering that according to Law of 3 August 2007, n. 125, residential customers and small businesses including, the date of 1 July 2007, within the captive market, if they do not exercise the right to enter into electricity supply contracts on the open market within the protected market whose supply and 'it made by Buyer only in continuity' with what happened with the aforementioned regulated market; It considered appropriate to assign to a single buyer a share of the proceeds of the rights assignments capacity utilization 'of import, taking into account the market rate reduction provisioned in the year 2007 and the changes expected in the market in 2008 the protected perimeter; It decided to include in the free market even customers in the system of safeguards for the allocation of the proceeds of assignments of rights to use the capacity 'of transport on the interconnections; It decided to apply mode 'assignment of rights to use the capacity' of transport on the interconnections with the EU countries according to the provisions introduced by Regulation no. 1228/2003, as amended by Commission Decision of 9 November 2006, through the adoption of market mechanisms and methods of joint allocation of capacity 'of transport, as was done in the previous year; Considered appropriate that its coming from the network operators to define common programs of investment in infrastructure to overcome the current network congestion by increasing the capacity 'of interconnection and that, in the absence of such programs, the proceeds resulting from market mechanisms are intended to safeguard economic efficiency 'of the electricity supply for end customers; It considered appropriate to provide for the allocation of rights to use the capacity 'of transport on the Swiss-Italian border mode' identical to that adopted for Community countries, without prejudice to the possibility 'of having reservations about the ability' in import; Deemed necessary, in the event that Terna and the Swiss grid operator fail to reach an agreement formalized in accordance with the criteria referred to in this Decree, provide that Terna proceed independently allocation of transmission rights on capacity 'interconnection 50% of capacity 'available on the Swiss border, net of the corresponding share of capacity' already 'committed to the execution of existing long-term contracts concluded before the date of 19 February 1997; Appropriate to confirm the modalities' adopted for the year 2007 for the re-entry in Italy of Italian pertaining electricity produced at the plant Innerferrera, contained in the said ministerial note of 28 December 2001; It deemed necessary, pending the implementation of the provisions of art. 1, paragraph 107 of the Law of 23 August 2003, n. 239, temporarily confirm the values ​​of the capacity 'of reserved interconnection in the past year for the transit of electricity for the Republic of San Marino and the State Citta' del Vaticano; It considered necessary to comply with the agreements entered into with the State City 'of the Vatican and the Republic of San Marino, on account of electricity coming in import, through the distribution of the rights assignments on capacity' freight revenues on interconnections with countries European Union and provide the economic equivalent with respect to the allocation of capacity 'of transport reserves, or to assign a reserve on the ability' of transport on the Italian-Swiss border; Deemed appropriate to allocate for the year 2008 to the Single Buyer, in addition to the reserve for the relative import to long-term contracts on the border with Switzerland, a portion of the capacity of the 'assignments proceeds import of 20%, net of allowances granted to the state City 'of the Vatican and the Republic of San Marino, in view of the AU catered market rate of decline recorded in 2007 and expected changes in the perimeter of the same market for the year 2008; It considered appropriate to maintain the transit reserve for electricity underlying the long-term contracts in the manner and for the share hitherto guaranteed by the authorities 'Italian on the Swiss border, in line with the principle of equitable sharing of the rights of use of capacity' transportation on the borders between free market and protected market, and adjust the price of electricity release underlying these contracts for the first quarter of 2008, subject to the modalities 'of updating the same price by the Authority' for the 'electricity and gas; Given the report on the draft decree of the Minister of Economic Development expressed by the Authority 'for Electricity and Gas with Resolution 17 December 2007, n. 325/07; Consider it necessary to define with this decree the modalities' and the general criteria for the assignment of rights to use capacity 'of transport on of safe interconnections and economy' of the system and supplies to customers in the free market and protected market, stating that the Authority 'for Electricity and Gas See to the implementation of criteria referred to in this decree; Decrees: Art. 1. Definitions 1. For the purposes hereof, the following definitions shall apply: assignment and 'the attribution of rights to use the capacity' of transport, or the reserves for the import, transit and re-entry of electricity on an electricity border, in order to enforce cross-border exchanges in electricity; assignee and 'the titular subject of an assignment; joint allocation: and ', for each electricity border, the allocation made jointly by the competent managers; Authorities' and 'the Authority' for electricity and gas; capacity 'of transport and' the maximum allocable hourly power, with a guarantee of continuity 'of use, execution of cross-border trade of electricity between one or more' neighboring states and Italy. The ability 'of transport is uniquely defined with reference to the individual neighboring States, the flow of electricity incoming (import) and outgoing (export) into / from the national electricity system as well as' at a predefined time horizon; the free market are the final eligible customers in art. 2, paragraph 4, of Legislative Decree 16 March 1999, n. 79, exercising the right referred to in that Article. 2, paragraph 6, directly or by granting exclusive mandate to wholesalers; long-term contracts are the long-term supply contracts in force at February 19, 1997; rights of use of the capacity 'of transport (DCT) are the rights to use capacity' annual transportation, monthly and daily for the import or export of electricity; border electricity and 'the set of electrical transport lines connecting the national transmission network to one or more' transmission networks belonging to a single neighboring state; southern border and 'the electricity border with Greece; border northwest and 'the set of electrical borders with France and Switzerland; northern frontiers are the north-west border and the north-east frontier; Network manager: and 'an entity or a company' entrusted with the unified management of the transmission networks in a given State; Terna and 'the Company' Terna Rete Elettrica Nazionale SpA; electricity market and 'the bidding system in art. 5 of Legislative Decree 16 March 1999, n. 79; proceeds of assignments: are the proceeds arising from the assignment of rights to use the capacity 'of transport on the interconnection; units of capacity 'of allocated own transportation are the units of capacity' of transport allocated by autonomous assignment by foreign network operators and equal to a total maximum of 50% of capacity 'daily transportation, net of capacity' reserved to the execution of multi-year contracts; units of capacity 'pre-assigned transport capacity are the' units of transport corresponding to the reserves for the import, transit and re-entry of electricity; neighboring state, and 'any State whose network of transmission and' interconnected to the national transmission network; the protection service and 'the service of sale of electricity in art. 1, paragraph 2, of Law no. 125/2007. safeguarding service and 'the service of sale of electricity in art. 1, paragraph 4, of Law no. 125/2007. market area and 'the aggregate of geographical and / or virtual zones characterized by the same price of electricity.