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

Half-yearly financial report at June 30, 2013Changes in legislationEnvironment SectorRecent changes in legislation in the environment sectorRegulation of local public services and expiry of concessionsLegislation regulating local public services of economic importance was affected by theresults of question 1 of the abrogative referendum of June 12 and 13, 2011. To fill the legislativegap created by the outcome of the referendum, the legislator intervened with a series ofregulations contained in Decree Law no. 138/11 (the summer Budget Law which becameeffective on August 13, 2011), as converted by Law no. 148/2011 (effective from September 17,2011). As a consequence of the appeal filed by a number of regional administrations againstthese provisions, the measures were also affected by Sentence no. 199 of July 17, 2012 whichdeclared them to be constitutionally unlawful in part.178As a result of this sentence, while the legislation regarding the management of local networkpublic services on the basis of optimal and homogeneous territorial ambits and rewardingmechanisms for the assignation of the management of the services by public tender remainsin force (as per article 3-bis of Law no. 148/2011), the provision relating to the early terminationof the concessions with non-compliant assignment (as per article 4 of Law no. 148/2011) is nolonger applicable.In this respect, the legislator intervened once again in the matter by way of article 34,paragraphs 20-26 of Decree Law no. 179 of October 18, 2012 on “Further urgent measures forthe country’s growth” (“Growth Decree 2.0”), converted by Law no. 121 of December 17, 2012and published in Official Journal no. 294 of December 18, 2012. In particular, this legislationrequires that direct assignments agreed at October 1, 2003 for publicly held companiesalready listed at that date and for subsidiaries of these pursuant to article 2359 of the Italiancivil code should cease at the expiry date specified in the service agreement or otherdocuments governing the relationship. On the other hand assignments not having an expirydate terminate on December 31, 2020, without the possibility for any extension and withoutthe need for the body to adopt a specific resolution.Consolidated Environment LawLegislative Decree no. 152 of April 3, 2006 "Regulations on environmental matters" assubsequently amended, most recently by Legislative Decree no. 205/10 which dictatesmeasures implementing Directive 2008/98/EC on waste, acts as the reference legislation forthe environment sector.