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Law 34/1998, of 7 October, of the hydrocarbon sector, states in its article 92 that the Minister of Industry, Energy and Tourism, prior to the Agreement of the Government Delegation for Economic Affairs, will dictate the provisions necessary for the establishment of tolls and charges for basic access services by third parties, establishing the specific values of such tolls or a system of automatic determination and updating of such tolls.

Royal Decree 949/2001 of 3 August, which regulates the access of third parties to gas installations and establishes an integrated economic system of the natural gas sector determines in its article 25.1 that " for tolls and charges, the specific values or a system of determination of the same shall be established and shall be amended annually or in cases where there are causes which have an impact on the system as appropriate. '

In compliance with the provisions of Law 34/1998 of 7 October 1998 and of Royal Decree 949/2001 of 3 August, the Minister for Industry, Energy and Tourism issued Order IET/3587/2011 of 30 December 2011, establishing the tolls and charges associated with third party access to gas installations and the remuneration of regulated activities as from 1 January 2012.

As mentioned in the memory of the order cited, the elaboration of the tolls and royalties in it included did not take into account deficit of any revenue for the year 2011, considering the provisional character of the figure provided by the National Energy Commission.

However, in view of the " Report on the results of the provisional liquidation of the gas sector and the verifications carried out in the field of regulated activities 12/2011 (liquidation period: 1 January to 31 December) 2011) " of 9 February 2012 prepared by the Directorate of Inspection, Liquidations and Compensations of the National Energy Commission, the certainty of this circumstance is ratified and it is considered appropriate to modify the amount of the tolls and fees set out in Order IET/3587/2011 of 30 December 2011 in order to ensure viability financial system of the gas system.

This order also includes a series of accompanying measures to increase the collection of tolls and charges to ensure the financial balance of the gas system.

In this sense, a process of convergence of the transitional toll applicable to users who use gas for uses as raw material for the manufacture of fertilizers, reducing the existing differential with the ordinary tolls.

In turn, the order includes an amendment to Article 8 of Order ITC/3862/2007, of December 28, establishing the mechanism for the allocation of the capacity of natural gas underground storage and is created a capacity market, in order to establish a general mechanism for allocating the capacity that would be unawarded in the auction procedure. For these cases, a time limit for the submission of capacity applications is opened, with the possibility of a pro rata in case the demand exceeds the capacity offered.

Finally, Order ITC/3995/2006 of 29 December 2006 establishing the remuneration of underground natural gas storage facilities included in the basic network established for the first time a specific mechanism for remuneration for this type of infrastructure based on the accelerated depreciation of installations in ten years. In the course of 2012, new infrastructure for underground storage of natural gas is expected to enter into operation, the remuneration of which will have a considerable impact on the gas system, an impact which is increased as a result of the accelerated amortization.

The remuneration of the underground storage system is assimilated with that of the other infrastructure of the gas system. In particular, the measure adopted increases the time limit for the depreciation of the investment of ten to twenty years, which is more in line with its real life. Likewise, as already established by Order ITC/3995/2006 of 29 December, the supervision of the Ministry of Industry, Energy and Tourism on such projects is strengthened, enabling it to carry out technical and economic audits of the installation. prior to their inclusion in the definitive remuneration scheme.

This order has been the subject of the National Energy Commission's Report 7/2012, adopted by its Council on 12 April 2012 and for the preparation of which have taken into account the allegations made in the a hearing carried out through the Hydrocarbons Advisory Board.

By Agreement of 26 April 2012, the Government Delegation for Economic Affairs has authorised the Minister of Industry, Energy and Tourism to issue this order.

In its virtue, I have:

Article 1. Object.

This is the object of this order:

1. The determination of the amount of tolls and charges associated with third party access to the gas installations applicable from the entry into force of this order.

2. The modification of the remuneration scheme applied to new underground storage, set out in Order ITC/3995/2006 of 29 December 2006 establishing the remuneration of gas underground storage natural included in the core network.

3. The amendment to Article 8 of Order ITC/3862/2007 of 28 December establishing the mechanism for the allocation of the capacity of natural gas underground storage and creating a capacity market, in order to establish a general mechanism for allocating the capacity that might be unawarded in the auction procedure.

4. The amendment of Order IET/3587/2011 of 30 December 2011 laying down the tolls and charges associated with third party access to gas installations and the remuneration of regulated activities, for the purpose of correct certain material errors in the remuneration of the regulated activities of the gas system.

5. The redefinition of the conditions of application of certain tolls.

Article 2. Peages and canyons.

The pre-tax amounts of the tolls and charges associated with the use of the facilities of the basic network, secondary transportation and natural gas distribution applicable from the entry into force of this order are those established in its Annex.

Article 3. Amendment of Order ITC/3995/2006 of 29 December 2006 establishing the remuneration of natural gas underground storage facilities included in the basic network.

Order ITC/3995/2006 of 29 December 2006 laying down the remuneration of natural gas underground storage facilities included in the basic network is amended as follows:

One. Article 2 (3) is to be worded as follows:

" 3. The remuneration for the annual depreciation of the investment in the underground storage shall be obtained from the investment securities, in accordance with the following formula:

A = VI/VU

where:

VI: Recognized value of the investment in the underground storage, expressed in euros.

VU: Useful life expressed in years. It is set to 20 for all cases. "

Two. Two new paragraphs are added at the end of Article 6 (1) with the following wording:

" In particular, the Directorate General for Energy Policy and Mines, may commission by itself, or require to do so on its behalf, the conduct of independent technical and economic audits to verify that the documentation provided by the developer reflects a true picture of reality, that its decisions have been justified by the search for the appropriate technical solution, under the principles of transparency, concurrency and minimum cost as well as for determine the normal market value of those non-contracted concepts under formulas concurrent. The costs of such studies and audits shall be paid by the sponsor for non-recurring operating and maintenance costs.

In the event that substantial discrepancies are revealed, the investment shall be undermined by the investment declared by the sponsor in order to adjust it to the necessary prudent investment, without prejudice to the application of the established in Title VI or in Article 34.1 of Law 34/1998 of 7 October. '

Article 4. Amendment of Order ITC/3862/2007 of 28 December establishing the mechanism for the allocation of the capacity of natural gas underground storage and creating a capacity market.

A paragraph 5 is added to Article 8 of Order ITC/3862/2007 of 28 December 2007 establishing the mechanism for the allocation of the capacity of natural gas underground storage and creating a market for capacity, with the following wording:

" 5. If, as a result of such an auction, the entire capacity offered has not been awarded, the remainder shall be allocated according to the requests communicated to the Technical Manager of the System. If the requests exceed the available capacity, a pro rata shall be carried out among the applicants on the basis of the volume requested by each, which may in no case exceed the available quantity available.

The deadline for receipt of applications will be 15 calendar days. The date of the start of this period shall be published by the Technical Manager of the System and communicated to the users at least one week in advance and shall be within 15 calendar days after the communication by the Technical Manager of the System. the organizer of the auction of the result of the same.

If this allocation is made once this allocation is still available, it will be made available to the first user requesting it.

The applicant shall pay the auction award price provided that the auction is positive and shall pay the fee in force for the entire allocation period set out in Article 5 of this order. The amount due from April 1 to the signing of the contract will be charged to the user along with the auction price, if any, on the first invoice issued by the System Technical Manager. "

Article 5. Amendment of Order IET/3587/2011 of 30 December 2011 laying down the tolls and charges associated with third party access to gas installations and the remuneration of regulated activities.

Order IET/3587/2011 of 30 December 2011 laying down the tolls and charges associated with third party access to gas installations and the remuneration of regulated activities is hereby amended as follows: terms:

One. Article 11 (1) "Transport and Disinterruptible Distribution" shall be amended as follows:

" 1. Under this mode of contract, the customer shall interrupt their gas consumption to requests from the System Technical Manager under the conditions set out in this Article.

To contract this access service mode, the signing of an agreement between the consumer, the marketer in his case, and the System Technical Manager will be required. In the event that the consumer is an electrical generator, the Operator of the Electrical System must also be signed.

The conditions to qualify for this toll are as follows:

(a) Annual consumption exceeding 10 GWh/year and daily consumption exceeding 26,000 kWh/day.

b) Supply pressure greater than 4 bar.

c) Operational Telemedicine.

d) Compliance with the geographical and technical criteria assessed by the Technical Manager of the Gas System and, if applicable, the Operator of the Electrical System.

The General Directorate of Energy Policy and Mines, on a proposal from the Technical System Manager, and after the National Energy Commission report, will determine annually the zones with the possibility of congestion and capacity able to be contracted under the system of interruptibility. For these purposes, only areas where existing facilities are unable to supply the expected demand in circumstances of both normal operation and winter peak demand shall be considered. '

Two. The table set out in Article 13 is replaced by the following:

70.9%

Term	Coefficient to apply to the driving
2.1	66.5%
		2.2/2.2 bis	70.9%
2.3/2.3 bis	72.8%
2.4	74.1%
2.5	75.9%
2.6	75.0%
3.1	65.0%
3.2	65.4%
3.3	65.5%
3.4	66.4%
3.5	69.8%

Three. Paragraphs 1 to 7, both of which are included in Article 14, shall be deleted as follows:

" Article 14. Specific remuneration for distribution facilities.

Those projects that received specific compensation in past calls, in which the completion of the construction of the facilities has been exceeded, and for which the payment of the fee has not yet been requested. specific remuneration, shall be sent within two months of the date of publication of this provision, the act of putting into service or certification of the autonomous community corresponding to the placing on the gas of the installations the purpose of the specific remuneration.

In the event that the installation gas is not credited, the right to charge specific remuneration for the affected project will be considered automatically withdrawn and may be requested in subsequent calls. To this end, the Directorate General for Energy Policy and Mines, according to the documentation received, will publish in the electronic headquarters of the Ministry of Industry, Energy and Tourism, the list of those projects whose collection rights persist and those projects that are considered to be abandoned. "

Four. The single transitional provision is worded as follows:

" Single transient provision. Temporary toll for former users of the tariff for raw materials (PA).

1. On an extraordinary basis and until 31 December 2014, consumers previously covered by the specific tariff for the use of raw materials will be eligible for this toll which encompasses the toll of transport and distribution (including the capacity reserve term), the vessel discharge toll and the regasification toll.

2. The value of this toll will be as follows:

Fixed term: 0.3664 cent/kWh/day/month.

Variable term: 0.0058 cent/kWh.

3. This toll shall be invoiced by the starting point of the exit point.

4. This toll will be gradually increased in order to match it with the ordinary tolls after the extraordinary period. "

Five. The table referred to in paragraph 1 'Remuneration to undertakings performing distribution activities' in Annex IV 'Remuneration for regulated activities for the year 2012' is replaced by the following:

	Update 2012 - Euros	Review 2010-2011 - Euros	Total - Euros
Naturgas Distribution, S.A.	189.31.314	3.700.772	192.732.086
794,828		-131,881	662,947
8.873.310		8.873.310	8.873.310 Table_table_der"> -507.286	8.366.024
Endesa Gas Distribution, S.A.	9.442.463	-1.463.392	7.979.071
Distribution and Marketing of Gas Extremadura, S.A.	10.904.479	34.169	10.938.648
Gas Aragon, S.A.	36.966.044	761,875	37.727,919
Gesa Gas, S.A.	17.743,789	-173.009	17.570.780
Tolosa Gas, S. A	944,706	26,447	971.153
Gas Natural Distribution SDG, S.A.	688.918.438	-16.099.545	672.818.893
Gas Natural Andalucía, S.A.	79.239,781	797.422	80,037,203
Natural Gas Castilla-La Mancha, S.A.	39.410.229	1.499.255	40.909.484
Gas Natural Castilla y León, S.A.	73.640,028	233,654	73.873.682
Natural Gas CEGAS, S.A.	122.482.085	4.029.324	126.511.409
Gas Galicia SDG, S.A.	33.043,765	752,862	33.796.627
Gas Energy Distribution Murcia, S.A.	16.612.225	-929.493	15.682,732
Gas Navarra, S.A.	26.598.208	649.059	27.247.267
Gas Natural Rioja, S.A.	13.767,661	58.693	13.826.354
Gasificadora Canaria, S.A.	446,059	39.021	485,080
Iberdrola Distribution de Gas, S.A.	146.595	-58,090	88,505
Madrileña Red de Gas I, S.A.	97.243.347	-228.122	97.015.225
Madrileña Red de Gas II, S.A.	55.631.188	705.085	56.336.273
Total	1.521.880.542	-6.303.180	1.515.577.362

Six. The table included in paragraph 2 'Remuneration for depreciation, financial remuneration and fixed operating expenses of undertakings holding transport assets (€)' in Annex IV is replaced by the table 'Remuneration for regulated activities' for the year 2012 ", for which the following figure:

Carrier of the Gas, S.L.

		Total to apply gral method. art. 6.6 ECO/2692/2002	Total to apply art method. 6.6 RD 326/2008	Devenged in 2010 And 2011 by installations to Include in retributive reg	Corretions back years	Total
CEGAS	1.166.831.29	2.019.926, 20	268.778.47	1.023.51	3.456.559.47
ENAGAS, S.A.	479.075.816.30	238.816.666.60	6.590.392.08		724.482.874.98
ENDESA GAS CARRIER, S.L.	2.918.302, 83	19.742.606.61	408.365.02		23.069.274, 46
Gas Aragon, S.A.	3.894.424.75				3.894.424, 75
, S.L.	2.561.076.81	976.332, 30			3.537.409.11
Gas Natural Andalucfa SDG, S.A.	105.599.52	4.298.675, 28			4.404.274.80
Gas Natural Castilla-La Mancha, S.L.	1.743.049.62	2.509.920.19			4.252.969.81
Natural Gas Transport SDG, S.L.	21.739.858.11	5.830.256.24	511.060, 66		28.081.175.01
Tailings Pipeline, S.L.U.	49.522.92				49.522.92
	Naturgas Energy Transport, S.A.U.	19.001.536.08	9.673.494.12			28.675.030.20
Plant Regaslficaclon de Sagunto, S.A.	559.568.62				559.568.62
Regaslcadora, S.A.	5.693.428.11	2.691.21.15			8.384.449.26
3.993.908, 44	5.997.382.92	149.044.28		10.140.335, 64
Total Industry	542.502.923, 40	292.556.281.61	7.92740.51	1,023.51	842.987.869.03

Seven. The table referred to in paragraph 3 is replaced 'Remuneration for depreciation, financial remuneration and fixed operating and maintenance costs of undertakings holding facilities for regasification (€)' in Annex IV ' Remuneration of the the regulated activities for the year 2012 ', by which it is inserted:

Enagas, S.A.

258.600.158.75
Bizkaia Gas Bay, S.L.	48.272.274.34
Regasicadora de Sagunto, S.A.	69,210.875.08
Noroeste Regasicadora, S.A.	46.845.759, 23
Total	422.929.067.40

Eight. The table entitled 'Transport facilities put into service in 2010', included in paragraph 5 of Annex IV 'Remuneration for regulated activities for the year 2012', is amended by replacing the rows:

" Headline	Installation	Date of start up	Unit cost of investment (VAI) (€)	Repay to account
				2010	2011	2012
Natural Gas Transport SDG, S.L.	ERM type G-65 in position LR1 at the Cenicero (La Rioja) T.m. of the Cenicero-Najera-Ezcaray-River Tobia Gas Pipeline	03/12/2010	252.762.60	0.00	57.625.32	58.166.32
ERM type G-65 in the LR2 position at the Urunela (La Rioja) area of the Cenicero-Najera-Ezcaray-Tobia River baths		03/12/2010	252.762.60	0.00	57.625.32	58.166, 32"

for the following:

" Headline	Installation	Date of start up	Unit cost of investment (VAI) (€)	Repay to account
				2010	2011	2012
Natural Gas Transport SDG, S.L.	ERM type G-65 in position LR1 at the Cenicero (La Rioja) T.m. of the Cenicero-Najera-Ezcaray-River Tobia Gas Pipeline	03/12/2010	252.762.60	0.00	57.625.32	58,171.64
ERM type G-65 in the LR2 position at the Urunela (La Rioja) area of the Cenicero-Najera-Ezcaray-Tobia River baths		03/12/2010	252.762.60	0.00	57.625.32	58.171, 64"

Nine. The table entitled 'Transport facilities put into service in 2011' included in paragraph 5 of Annex IV 'Remuneration for regulated activities for the year 2012' is amended by adding the following row:

" Headline	Installation	Date of start up	Unit cost of investment (VAI) (€)	Repay to account
				2011	2012
Enagas, S.A.	Castor Underground Storage Connection Pipeline. Castellon Province (pk-11,841 to PK-11,947)	19/12/2011	78,304.51	0.00	10.529.24 "

Consequently, the "total" row that now becomes:

is modified

" Headline	Installation	Date of start up	Unit cost of investment (VAI) (€)	Repay to account
				2011	2012
Total			539.399.064.62	5.817.353.51	79,619.472.64 "

Single transient arrangement. Application in 2012 of Article 8.5 of Order ITC/3862/2007 of 28 December 2007 establishing the mechanism for the allocation of the capacity of natural gas underground storage and creating a capacity market.

For the purposes of the application in 2012 of the provisions of Article 8.5 of Order ITC/3862/2007 of 28 December 2007 establishing the mechanism for the allocation of the capacity of the underground storage of natural gas and a capacity market is created, the date of entry into force of this order shall be considered as the date of communication of the outcome of the auction.

Single repeal provision. Regulatory repeal.

Any other provisions of equal or lower rank shall be repealed as soon as they object to the provisions of this order.

Final disposition first. Review of tolls and charges.

The tolls and charges set forth in this order may be reviewed in January, April, July and October.

Final disposition second. Application of the order.

The General Directorate of Energy Policy and Mines will dictate the precise resolutions for the implementation of this order.

Final disposition third. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, April 26, 2012. -Minister of Industry, Energy and Tourism, José Manuel Soria López.

ANNEX

Basic Services Tolls and Fees

First. Regasification toll.

The fixed terms (Tfr) and variable (Tvr) of the toll corresponding to the use of the regasification facilities, as defined in Article 30 of Royal Decree 949/2001 of 3 August, governing the access of third parties to Gas installations and an integrated economic system of the natural gas sector shall be as follows:

T_fr: Fixed term for regasification toll: 1.8981 cent/ (kWh/day) /month.

Tvr: Regasification toll variable term: 0.0112 cent/kWh.

Second. Vessel discharge toll.

The LNG discharge service toll shall include the right to the use of the facilities necessary for the discharge of LNG from a vessel to the regasification plant.

Plants of Huelva, Cartagena and Sagunto:

Tfd: Fixed term for the LNG discharge toll: € 32,885 /vessel.

Tvd: LNG download toll variable term: 0.0066 cent/kWh.

Bilbao, Barcelona and Mugardos plants:

Tfd: Fixed term for LNG discharge toll: € 16.442 /ship.

Tvd: LNG download toll variable term: 0.0034 cent/kWh.

Third. Loading toll of tanks.

The toll of the LNG discharge service shall include the right to the use of the facilities necessary for the loading of LNG tankers.

Tfc: Fixed term of the LNG charging toll in cisterns: 2,7879 cent/kWh/day/month.

Tvc: Variable end of LNG load toll in tanks: 0,0165 cent/kWh.

For the purpose of billing the fixed term (Tfc), the result of dividing the kWh loaded in the month between 30 is considered as daily flow rate. This flow rate will have the consideration of maximum daily rate nominated in the month (Qrn) and will apply to the procedure of invoicing established for the toll of regasification included in article 30 of the Royal Decree 949/2001, of 3 of August.

Fourth. LNG transfer toll to ships.

LNG cargo services on ships or cold putting from regasification plants shall be given the following toll:

Fixed term: 171.153 €/operation.

Variable term: 0.1513 cent/kWh.

For ship-to-ship transfer, without going through LNG storage of the plant, a toll of 80 percent of the previous value will be applied.

The mermas that will be produced will be on behalf of the service contractor, as will the delivery of the gas needed for the operation. These services may only be provided in the subsidiary and as soon as they do not interfere with the normal operations of the system. In any event, by resolution of the General Directorate of Energy Policy and Mines you will be able to interrupt or cancel your benefit.

Fifth. Transportation toll and firm distribution.

The transport and distribution toll will be composed of two terms: a capacity reserve term, and a driving term. The latter will be differentiated according to the design pressure, to which the consumer's facilities are connected.

P_TD = T_rc+ T_c

Where:

P_TD: Transport and Distribution Peage.

T_rc: Capacity reservation term.

T_c: Driving term.

1. The fixed term by reservation of capacity of entry to the System of Transport and Distribution (T_fe) regulated in Article 31 (A) 2. Royal Decree 949/2001 of 3 August will be as follows:

Tfe: Trc capacity reserve fixed term: 1,0099 cent/ (kWh/day) /month.

2. The terms of driving the transport and distribution toll for consumers not fed by satellite, depending on the design pressure where the final consumer's facilities are connected in the article. 31 (B) 2. of Royal Decree 949/2001 of 3 August are those listed in the following tables:

	Fixed Term Tfij cent/kWh/day/month	Variable term Tvij cent/kWh
Peage 1 (P> 60 bar)
1.1	3,3449	0.0820
1.2	2.9882	0.0660
1.3	2,7736	0.0595
Peage 2 (4 bar < P < = 60 bar)
2.1	24,4917	0.1872
2.2	6.6474	0.1493
2.3	4,3525	0.1209
2.4	3.9884	0.1085
2.5	3,6668	0.0951
2.6	3,3728	0.0825
Peage 3 (P < = 4 bar)	€/month
3.1	2.45	2,7886
3.2	5.60	2,1234
3.3	52.49	1,5140
3.4	78.37
cent/kWh/day/month
3.5	5.7352	0.1486

The 3.5 toll will be applied exclusively to the consumption above 8 GWh/year.

For the purpose of billing the fixed term (T_fij) of toll 3.5, it shall apply as set out in Article 31 of Royal Decree 949/2001, of 3 August, for the fixed term of the toll of Group

.

In case of overnight consumption, the following quantity shall be subtracted from the maximum measured flow (Q_mj):

(Monthly Night Consumption/Monthly Total Consumption) * 0.50 * Q_mj

It will be considered as a night consumption between 23:00 and 07:00 hours. In order to qualify for this discount it will be mandatory to have an operational telemedide and that the night consumption is greater than or equal to 30 percent of the total consumption.

3. Terms of driving of the transport and distribution toll applicable to the customers referred to in Article 8 of this order.

Peage 2 bis (P < = 4 bar)	Fixed Term Tfij cent/kWh/day/month	Variable term Tvij cent/kWh
2.2 bis	15.43	0.3500
2.3 bis	11.82	0.3300

Sixth. Underground storage cannon.

The fixed and variable terms of the charge for underground storage, which are regulated in Article 32 of Royal Decree 949/2001 of 3 August, will be as follows:

Tf: Fixed term of storage fee: 0.0411 cent/kWh/month.

Tvi: Storage cannon injection term: 0.0244 cent/kWh.

Tve: Storage cannon extraction term: 0.0131 cent/kWh.

Seventh. LNG storage fee.

The variable toll term for the LNG storage fee shall be as follows:

Tv (cent/MWh/day): 3,1672 cent/MWh/day

This fee will apply to all LNG stored by the user.

Eighth. Transport and distribution toll interruptible.

Tfe: Capacity reserve fixed term: The one in effect.

Transport and Distribution Toll Driving Term: It will be the result of multiplying the driving term of the road toll and the firm distribution in force corresponding to the supply and volume pressure of the annual consumption by 0,7 in the case of "A" type interruptibility and by 0,5 in the case of "B" type interruptibility.

To the billing of the term of the term of the driving term, it will be applicable to the maximum flow rate measured in the article 31.B of the Royal Decree 949/2001, of August 3.

Ninth. Toll applicable to access contracts of less than one year.

The coefficients to be applied to the fixed term of flow of the tolls corresponding to services of access to the gas installations, contracted with a duration of less than one year, in accordance with the provisions of Article 10 of the This order is as follows:

	Daily Peage	Monthly Peage
January	0.10
	February	0.10
March	0.10	2.00
	April	0.06
May	0.06
June	June	0.06
July	0.06
August	0,06	1.00
September	0.06
October	0.10	2.00
November	0.10	2.00
December	0.10

The variable term (T_vij) to be applied is that of the corresponding toll.