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; 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 of 11 May 2004 concerning 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; Having regard to Regulation (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; Article. 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; Article. 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; The Order of the Minister of activities 'productive 21 October 2005 laying down detailed rules' and criteria for granting exemptions from the regulation of the right of third party access to the new interconnection lines with the electrical systems of other states; Given the Decree-Law of 18 June 2007 n. 73, converted into Law August 3, 2007, n. 125, (hereinafter Law no. 125/07) on emergency 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; The Order of the Minister of activities' production December 19, 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 the functions relating to the organization and management of the electricity market; The Order of the Minister of activities 'production December 19, 2003 which, among other things, established that from 1 January 2004, the company' Single Buyer Spa, the art. 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; Given the Decree of the Minister of activities 'productive 18 December 2007 laying down detailed rules' and conditions of imports of electricity for the year 2008 and directives to Buyer only spa in the area of multi-year import contracts for 2008 and deliberation Authority 'for electricity of 18 December 2007, n. 329/2007; 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; the decrees of the Ministry of Economic Development n. 290 / ML / 1/2007 and No. 290 / ML / 2/2008 which recognizes the right to exempt from the discipline which provides for the right of third party access to the interconnection lines with Switzerland: Tirano-Campocologno and Mendrisio-Cagno amounting to 150 MW respectively 10 years and 150 MW in Summer Peak hours (200 MW in the remaining hours of the year) for 13 years; Given the letters to the Authority 'for electricity and gas 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 electricity for the Republic of San Marino and the City 'State of the Vatican and the implementation of Article. 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; 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; 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 note of the Republic of San Marino, Department activities 'production of 7 April 2008, which requires the adjustment of the capacity' of transportation of generated electricity of interconnections with other countries taking into account the growth rate of consumption recorded from 2001 to 2007, pursuant to that stated by ministerial decision of 20 October 2000; View the letter of 16 September 2008, prot. 18514, the Ministry of Economic Development of the Republic of San Marino, which, taking into account data on electricity consumption reported by the Republic in relation to the period 2000-2007, it recognizes the adjustment to 54 MW of carrying capacity 'of the reserve electric energy on Italy's interconnections with other countries in favor of the Republic of San Marino as from 1 January 2009, under soprarichiamato measure, ongoing validity '; View the letter of Terna SpA on 20 November 2008, prot. TE / P2000017543, with which they communicate the values of the capacity 'of transport in import and export for the year 2009 of interconnection lines on the borders with France, Switzerland, Austria and Slovenia and Greece; View the letter of the company 'Single Buyer Spa, of 28 November 2008, the Ministry of Economic Development, with which and' provided the forecast of demand to be met in the 2009-2011 period to customers in the protected market replenished; View a letter Terna of 9 December 2008, prot. TE / P20080019383 on agreements with neighboring grid operators (France, Austria, Slovenia, Switzerland and Greece) on how 'joint allocation of the entire capacity' of transport on each border and on the sharing of revenues from the allocation of capacity ' of transport; Considering that the above-mentioned letter of 20 November 2008, Terna, is used to determine, for the year 2009, the maximum values of capacity 'of import and export for the various borders in the following table: ----> See tables p. 26 <---- Given that these values include the increase in capacity 'interconnection related to the commissioning, scheduled in 2009, the two interconnection lines with Switzerland, Mendrisio-Cagno and Tirano-Campocologno , exempted for a maximum total amount of 350 MW, the discipline that provides for the right of third party access; 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 2009, the estimates on market requirements catered formulated by the Single Spa, indicate values decreased compared to those recorded in 2008; 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; Considered appropriate to assign to a single buyer a share of the proceeds of assignments of rights to use the capacity 'of import, taking into account the market rate of reduction of the purchased in the year 2008 and the changes expected of the protected perimeter of the market in 2009; 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 countries European Union 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; Appropriate to confirm the modalities' adopted for the year 2008 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 2009 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 15%, net of allowances granted to the state City 'of the Vatican and the Republic of San Marino, in view of the market supplied by AU reduction rate recorded in the year 2008 and the changes in the perimeter of the same market expectations for the year 2009; 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 2009 with mode 'on the part of the Authority' defined update for electricity and gases similar to those drawn up at the grant price of the rights referred to in the Ministerial decree 15 November 2007 laying down the determination of modalities' for sale on the market, for the year 2008, electricity in art. 3, paragraph 12, of Legislative Decree 16 March 1999, n. 79, by the Manager of Electrical GSE Spa services; Given the report on the draft decree of the Minister of Economic Development expressed by the Authority 'for Electricity and Gas with Resolution December 10, 2008 - PAS 8/08; 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 for the free market and protected market, stating that the Authority 'for electricity and gas See to the implementation of the criteria specified in this decree; Decrees: Art. 1. Definitions 1. For the purposes of this provision the following definitions apply: Assignment: and 'the allocation of capacity utilization' of transport rights, or of the reserves for the import, transit and re-entry 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; Authority '; 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: Finals are 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; multi-year 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; electricity border: 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 frontier: and 'the electricity border with Greece; northern borders: are the electric borders with France, Austria, Switzerland, Slovenia; 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 'pre-assigned transport: are the units of capacity' of transport corresponding to the reserves for the import, transit and re-entry of electricity; neighboring state: and 'any State whose transmission network and' interconnected to the national transmission network; protection service: and 'the service of sale of electricity in art. 1, paragraph 2, of Law no. 125/07; safeguarding service: and 'the service of sale of electricity in art. 1, paragraph 4, of Law no. 125/07; Market area: and 'the aggregate of geographical and / or virtual zones characterized by the same price of electricity.