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Annual Report 2010 - AdP

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52. Subsequent events<br />

In February 2011, <strong>AdP</strong> Group received from the Grantor (Ministry of the Environment and Territorial Planning) a letter requesting<br />

that <strong>AdP</strong> - Águas de Portugal, SGPS, S.A., in the capacity of majority shareholder of the entities that manage the multi-municipal<br />

systems of supply, sanitation, and recovery and treatment of waste, promote the necessary studies and submit to the Grantor a<br />

proposal to revise the concessions contracts in relation to which changes have been made that have a relevant impact on the financial<br />

balance of the concessionaires.<br />

Also in February, <strong>AdP</strong> SGPS, S.A received a joint order from the Ministry of Finance and the Environment stating that:<br />

“- A <strong>AdP</strong> - Águas de Portugal, SGPS, S.A., via its affiliate <strong>AdP</strong> Energias - Energias Renováveis e Serviços Ambientais, S.A., should initiate<br />

the necessary procedures for constructing and implementing an Energy Recovery Plant for WTP muds and WDF, keeping the<br />

responsible ministries responsible for the shareholder function informed.<br />

“- A <strong>AdP</strong> - Águas de Portugal, SGPS, S.A., via its affiliate <strong>AdP</strong> Energias - Energias Renováveis e Serviços Ambientais, S.A., shall guarantee<br />

the participation of the partner or partners of the private sector in the project for constructing the ERP, complying with the<br />

necessary and essential conditions of equality, competition and transparency.<br />

“- A <strong>AdP</strong> - Águas de Portugal, SGPS, S.A., via its affiliate <strong>AdP</strong> Energias - Energias Renováveis e Serviços Ambientais, S.A., implements<br />

the necessary conditions to guarantee that there is no cross-subsidization between the activities for managing waste, managing<br />

water and managing wastewater.<br />

“- A <strong>AdP</strong> - Águas de Portugal, SGPS, S.A., via its affiliate <strong>AdP</strong> Energias – Energias Renováveis e Serviços Ambientais, S.A., shall guarantee<br />

the sustainability of the project and the return on invested capital shall reflect the underlying risk and said risk shall be duly assessed.<br />

- A <strong>AdP</strong> - Águas de Portugal, SGPS, S.A., through affiliate <strong>AdP</strong> Energias – Energias Renováveis e Serviços Ambientais, S.A., shall submit<br />

studies regarding the economic and financial feasibility of the project, along with the business plan of the Company to be created for<br />

the purpose of prior authorization from the ministry, which must be granted under the law and such studies must be duly incorporated<br />

into the plan of activities and budget of <strong>AdP</strong> for 2011 and within the debt control limit policies stipulated in the SGP <strong>2010</strong>-2013.”

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