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Half-yearly financial Report at June 30, 2013 - A2A

Half-yearly financial Report at June 30, 2013 - A2A

Half-yearly financial Report at June 30, 2013 - A2A

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<strong>Half</strong>-<strong>yearly</strong> <strong>financial</strong> report <strong>at</strong> <strong>June</strong> <strong>30</strong>, <strong>2013</strong>Changes in legisl<strong>at</strong>ionEnergy SectorRecent changes in legisl<strong>at</strong>ion in the electricity sectorLarge hydroelectric deriv<strong>at</strong>ion concessions172Changes in legisl<strong>at</strong>ion over the past few years have mainly led to the continu<strong>at</strong>ion by <strong>A2A</strong> of itsconcessions and principally regard the introduction of certain provisions facilit<strong>at</strong>ing tendersand regul<strong>at</strong>ing the means by which concessions are transferred from the outgoing to theincoming manager. By way of Decree Law no. 83 of <strong>June</strong> 22, 2012 (the “Development DecreeLaw”), the government issued a number of regul<strong>at</strong>ions designed to facilit<strong>at</strong>e the way in whichtenders are carried out. More specifically, article 37, paragraph 4 confirms the period of 5years before the expiry of the concession as being the time limit within which a tender must becalled and sets the term of future concessions in 20 years, extendible to <strong>30</strong> years depending onthe size of the investments granted and the criteria th<strong>at</strong> will be established by the ministerialdecree being issued under article 12, paragraph 2 of Legisl<strong>at</strong>ive Decree no. 79/99 as amended.In addition, a special transitional regime is provided for calling tenders for concessions whichhad expired <strong>at</strong> the d<strong>at</strong>e when the law converting the decree became effective and thoseexpiring on or before December 31, 2017 (those which are unable to comply with the 5 yearperiod for calling the tender). These tenders must be called within 2 years of the effective d<strong>at</strong>eof the ministerial decree for implement<strong>at</strong>ion (as per article 12, paragraph 2 of Legisl<strong>at</strong>iveDecree no. 79 of March 16, 1999). The new concession shall start <strong>at</strong> the end of the fifth yearfollowing the original expiry d<strong>at</strong>e and in any case not l<strong>at</strong>er than December 31, 2017.In terms of the way in which the concession will pass from the outgoing to the incomingoper<strong>at</strong>or, the legisl<strong>at</strong>or has opted for the sale of a business against the payment of a pricewhich has been previously established and agreed between the outgoing oper<strong>at</strong>or and thegranting administr<strong>at</strong>ion before the offering stage and which is published in the tender offer.The ministerial decree has the responsibility for determining the technical and economic

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