TITLE II: PURPOSES OF THE COMPANY
4.1 The Company’s purposes shall be the economic management of the Electricity Market as per Article 5 of Legislative Decree no. 79 of 16 March 1999, as subsequently amended and/or supplemented, the economic management of the natural-gas market as per Article 30 of Law no. 99 of 23 July 2009, as well as the management of the mineral-oil logistics market and of the wholesale market of liquid oil products for transport uses as per Articles 21 and 22 of Legislative Decree no. 249 of 31 December 2012.
To this end, the Company may carry out any activities as may be related to, instrumental for, similar or complementary to or otherwise useful for attaining its purposes, namely:
Electricity Market
- organising the Electricity Market under criteria of neutrality, transparency, objectivity and competition between or among producers, ensuring - among others - the economic management of an adequate availability of reserve capacity;
- issuing the market rules under criteria of neutrality, transparency, objectivity and competition between or among producers, determining its own duties in terms of balancing of demand and supply and the obligations falling on electricity producers and importers not availing themselves of the provisions of Article 6 of Legislative Decree 79/1999;
- managing electricity supply offers and demand bids and all the related services;
- conducting any other activities, fulfilling any other responsibilities and exercising any other rights and powers with which it is vested under Legislative Decree no. 79 of 16 March 1999, as subsequently amended and/or supplemented, and under any secondary legislation arising therefrom.
Natural-Gas Market
- organising the Natural-Gas Market under criteria of neutrality, transparency, objectivity and competition;
- issuing the natural-gas market rules;
- managing natural-gas supply offers and demand bids and all the related services under economic merit criteria;
- conducting any other activities, fulfilling any other responsibilities and exercising any other rights and powers with which it is vested under Law no. 99 of 23 July 2009, as subsequently amended and/or supplemented, and under any secondary legislation arising therefrom;
Mineral-Oil Logistics Market
- organising the Mineral-Oil Logistics Market, under criteria of neutrality, transparency and competition for the meeting of supply and demand of mineral- oil logistics, where to make known and negotiate available logistic capacities in the short, medium and long term, with the related economic conditions and taking into account the related functional constraints, through standardised models;
- issuing the mineral-oil logistics market rules;
- conducting any other activities, fulfilling any other responsibilities and exercising any other rights and powers with which it is vested under Article 21 of Legislative Decree no. 249 of 31 December 2012, as subsequently amended and/or supplemented, and under any secondary legislation arising therefrom;
Wholesale Market of Liquid Oil Products for Transport:
- organising the Wholesale Market of Liquid Oil Products for Transport, under criteria of neutrality, transparency and competition for the meeting of wholesale supply and demand of liquid oil products for transport uses, also in coordination with the mineral-oil logistics market platform;
- issuing the rules of the wholesale market of liquid oil products for transport;
- conducting any other activities, fulfilling any other responsibilities and exercising any other rights and powers with which it is vested under Article 22 of Legislative Decree no. 249 of 31 December 2012, as subsequently amended and/or supplemented, and under any secondary legislation arising therefrom;
As part of the economic management of the Electricity Market, the Company shall also organise and manage:
- a venue for the trading of Green Certificates in compliance both with Article 6 of the Ministerial Decree of 11 November 1999, as subsequently repealed and superseded by the Ministerial Decree of 24 October 2005, in turn repealed and superseded by the Ministerial Decree of 18 December 2008, and with Article 2 of the Ministerial Decree of 14 March 2003, issuing the related rules of operation as part of the Electricity Market Rules;
- a venue for the trading of Energy Efficiency Certificates as per Article 10, para. 3 of the Ministerial Decrees of 20 July 2004, issuing the related rules of operation in consultation with “Autorità di Regolazione per Energia Rete e Ambiente” (AEEG, the Italian electricity & gas regulator).
Without prejudice to the explicit provisions hereof, the Company may:
- organise and manage venues for the trading of environmental or energy certificates or other instruments of a compulsory or voluntary nature and issue the related rules of operation, as well as promote and/or co-operate in the development of the same venues;
- in compliance with Article 27, para. 1 of Law no. 99 of 23 July 2009 and with the Guidance issued by the Minister of Economic Development on 29 October 2009 and under the co-ordination of its parent company, provide support for specialist services on energy matters falling under its responsibility to the Public Administrations referred to in Article 1, para. 2 of Legislative Decree no. 165 of 30 March 2001, as subsequently amended;
- co-operate with the company managing the regulated market of electricity derivatives in order to study the integration of such market with its Forward Electricity Market (MTE) with physical delivery, under Article 10, para. 6 of the Decree issued by the Minister of Economic Development on 29 April 2009;
- organising and manage data reporting platforms and platforms for the publication of confidential information to allow all the parties that demand it to fulfil the obligations set out in Articles 4 and 8 of (EU) Regulation No. 1227/2011 of the European Parliament and of the Council of 25 October 2011 on the integrity and transparency of wholesale energy market;
- performing those services concerning the fulfilment of the obligations set out in Articles 4 and 8 of (EU) Regulation No. 1227/2011 of the European Parliament and of the Council of 25 October 2011 on the integrity and transparency of wholesale energy market.
4.2 In order to attain its purposes, the Company may:
- acquire interests and holdings in companies and enterprises carrying out activities in sectors connected with, instrumental for or otherwise pertaining to its own business or to its parent company’s business, or enabling the Company to make a better use of its own resources and/or structures; however, the Company shall be strictly forbidden from acquiring holdings from the public;
- perform any necessary, instrumentally useful or otherwise related operations, including but not limited to: posting of real and/or personal securities for its own obligations; personal property, real estate, business and financial transactions; loans and any other operations as may be connected with its purposes or enabling the Company to better use its own structures and/or resources, within the limits of the applicable laws.
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