Though this is not an exhaustive list, the following paragraphs describe some of the regulations published in 2008 that have a bearing on the gas business in Spain:

1. Relating to the regulation of fees and tariffs:

• Royal Decree 326/2008, which established the amounts to be paid for the transportation of natural gas for facilities entering service after 1 January 2008 (Official State Gazette of Spain [“BOE”] of 04.03.2008). This Royal Decree brought payment for transportation into line with the model that began to take shape at the end of 2006. The payment framework is based on a regulatory model using incentives and based on cost.
• Resolution of 3 April 2008, which led to the publication of integrated tariffs for the supply of natural gas, the unit price of the raw material and the assignment price (BOE of 11.4.2008). Review made in accordance with section 4 of the first transitional provision of Order ITC/3861/2007, which established a review of the variable parameters of natural gas supply tariffs, provided that a variation in the cost of the raw material (natural gas) exceeded 2%.
• Resolution of 3 July 2008, which led to the publication of the maximum prices for natural gas under the last resort tariff (BOE of 10.7.2008). Supported by section 9 of the first transitional provision of Order ITC/3861/2007, which set out the procedure for calculating the maximum last resort prices, for the reviews in July and October 2008.
• Order ITC/2857/2008, which established the tariff for the last resort supply of natural gas (BOE 11.10.2008). The purpose of this order was to set out the procedure for calculating the maximum prices at which last resort retailers could supply natural gas to consumers entitled to make use of the last resort supply. It also set the maximum prices from 12 October onwards. This order also applies to manufactured gas (propane-air mix) supplied by pipeline on the islands.
• Order ITC/3802/2008, which established the levies and duties relating to access to gas facilities by third parties, the last resort tariff and certain issues relating to regulated activities in the gas sector (BOE 31.12.2008). This ministerial order defines and implements regulatory criteria for duties on transportation and distribution (including interruptible supplies), the last resort tariff, the share allocated to the technical gas system manager, leakage, underground storage and the transportation of manufactured gas on the islands, among other things.
• Interruptibility is also regulated in the Resolution of 8 September 2008, which modified the Resolution of 25 July 2006, which regulated the conditions relating to assignment and the applicable procedure governing interruptibility in the gas system (BOE of 18.9.2008).
• Resolution of 31 December 2008 (BOE of 16.1.2009) , which published the payments due for regulated activities, connection rights and the 2009 tariffs for leasing meters and remote measuring equipment.

2. Modification of the Regulations for the technical management of the gas system (NGTS).

• Resolution of 4 July 2008, which modified technical gas system management regulations NGTS-06 “distribution” and NGTS-07 “balance”, along with detailed protocol PD-02 “general criteria for the preparation of distribution procedures”, and approved detailed protocol PD-11 “distribution procedure at entry points to the transportation network” (BOE of 15.7.2008).
• Resolution of 23 October 2008, which modified technical gas system management regulation NGTS-06 and detailed protocols PD-7 and PD-8 (BOE of 10.11.2008).

3. Change of Supplier Office.

• Resolution of 1 August 2008, which gave authority to the Change of Supplier Office (BOE of 20.8.2008). This Office had already been created under Electrical Sector Act 547/2007 and Hydrocarbon Sector Act 84/1998, as far as the gas sector was concerned. This Resolution merely adjusts it to allow for the entry of new members. The Office performs an effective management role in speeding up changes of supplier in the electricity and gas markets.

4. Tendering processes

• Resolution of 14 March 2008, which gave details of certain aspects relating to the management of underground storage facilities in the basic network and set out the rules for tendering for capacity (BOE of 27.3.2008). It offered detailed rules for the award by tender of part of the storage capacity, including potential restrictions. It also established the way in which extraction and injection rights were to be determined and detailed specific issues relating to the contracting of access and user rights, mechanisms aimed at promoting efficiency.
• Resolution of 19 May 2008, which set out the tendering process for acquiring natural gas intended for the operation and minimum stock level of transportation, regasification and underground storage facilities (BOE of 29.4.2008). The aim is set out in the Resolution’s title, and is based on the first additional provision (“Acquisition of stock gas and operational gas”) of Order ITC/3863/2007 of 28 December.

5. Other regulations

• Order ITC/2607/2008 which established the rules governing the allocation of carrier capacity in international connections with France (BOE of 16.9.2008). The definition of the procedure to assign the capacity applicable to international connections with France is aimed at allowing all authorised users to make annual applications for capacity concurrently. At each session, capacity will be allocated on the basis of pre-established, transparent, objective and non-discriminatory criteria.
• Resolution of 11 November 2008, which approved the Winter Action Plan for the operation of the gas system (BOE of 15.11.2008).
• Royal Decree 855/2008, which granted Escal UGS S.L. the contract to operate the underground natural gas storage facility known as “Castor” (BOE of 5.6.2008).
• Resolution of 30 July 2008, which established and published the lists of predominant operators in the energy sectors, for the purposes set out in the third additional provision of Royal Decree 6/2000 (BOE of 2.8.2008).
• Resolution of 15 December 2008, which established standard forms for the submission of information on parties involved in the gas system (BOE of 21.1.2009).
• Circular 4/2008 from the National Energy Commission giving information on the Spanish wholesale gas market (BOE of 12.2.2009).
• Circular 5/2008 from the National Energy Commission giving information on the Spanish retail natural gas market (BOE of 12.2.2009).
• Order ITC/3837/2008, approving the quotas of the Corporation for Strategic Reserves of Petroleum Products for the 2009 financial year (BOE of 2.1.2009).
• Order ITC/1858/2008, which updated the system for the automatic calculation of maximum prices for the sale of bottled liquefied petroleum gases (BOE of 29.9.2008).
• Order ITC/3292/2008, which modified the system for the automatic calculation of tariffs for the sale of liquefied petroleum gases carried by pipeline (BOE of 17.11.2008).