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Updates Renewable Energies March 2012

CURRENT SITUATION AND POSSIBLE REGULATORY AUSTERITY MEASURES IN THE SPANISH RENEWABLE ENERGY INDUSTRY

The purpose of this Note is to briefly summarize the current regulatory framework that, from a legal and financial perspective, applies in Spain to electricity generation facilities using renewable energy sources included in the “special regime” because of the continuous modifications that are taking place. Specifically, this Note focuses on the rules applicable to photovoltaic, thermal solar and wind power technologies.

Furthermore, this Note explains the main regulatory austerity measures relating to such facilities which were proposed in a report prepared by the Spanish National Energy Commission (Comisión Nacional de Energía or “CNE”), dated March 7, 2012, on the Spanish energy industry and the decrease of the tariff deficit (“Report on the Spanish energy industry” or “Report”).

Lastly, this Note examines the main observations made by the Ministry of Industry, Energy and Tourism in relation to the publication and the content of the abovementioned Report.

1. CURRENT REGULATORY SITUATION IN THE SPANISH RENEWABLE ENERGY INDUSTRY

2. PROPOSED REGULATORY AUSTERITY MEASURES SUBMITTED BY THE CNE TO THE MINISTRY OF INDUSTRY, ENERGY AND TOURISM
2.1 Main measures proposed in the Report on the Spanish energy industry
2.2 Observations of the Ministry of Industry, Energy and Tourism on this Report