TITLE I - General provisions
Article 1. Object.
1. This law aims to establish the regulation of the electrical sector in order to guarantee the supply of electrical energy, and to adapt it to the needs of consumers in terms of safety, quality, efficiency, objectivity, transparency and at least cost.
2. They are activities for the supply of electrical energy: generation, transport, distribution, energy charging services, intra-Community and international trade and exchanges, as well as the economic and technical management of the system. electrical.
Article 2. Regime of activities.
1. The free enterprise initiative for the exercise of the activities intended for the supply of electrical energy covered by this law is recognised without prejudice to the limitations which may be established for the activities which they have nature of natural monopoly.
2. The supply of electricity is a service of general economic interest.
3. It is up to the Government and the Public Administrations to regulate and control activities for the supply of electricity. In addition, the market operator and the system operator shall have the functions expressly attributed to them.
4. In the regulation of the supply of electricity supply, account may be taken of the plans and recommendations adopted within the international bodies under the Conventions and Treaties in which the Kingdom of Spain is part.
Article 3. Powers of the General Administration of the State. Correspond to the General Administration of the State, in the terms established in this law, the following powers:
1. Establish the basic regulation of activities for the supply of electrical energy.
2. To determine, in the field of their competence, the necessary measures to ensure the supply of electrical energy.
3. Identify the necessary measures to ensure the economic and financial sustainability of the electricity system.
4. Exercise the power planning powers in the terms set out in the following article.
5. To establish the remuneration scheme and to set the remuneration for those activities which have a regulated remuneration in accordance with the provisions of this law.
6. To grant and revoke the remuneration regime to the facilities and the subjects to which it is applicable in accordance with the provisions of this law and its development regulations.
7. To regulate the structure of charges for regulated costs and tolls for the use of transport and distribution networks, as well as to establish the criteria for the granting of guarantees by the appropriate subjects and to fix, in their Case, the voluntary price for the small consumer as the maximum price for the supply of electricity to consumers who are regulated by regulation.
8. Exercise the functions of ordination provided for in Title II.
9. Regulate the organization and functioning of the electricity production market.
10. Regulate the terms in which the economic and technical management of the system is to be developed, by approving the necessary instruments and market rules and procedures.
11. Establish the quality and safety requirements to govern the supply of electrical energy, taking into account the criteria set out in Article 1.
12. Determine the rights and obligations of subjects related to the supply of electrical energy.
13. Authorize the following electrical installations: (a) Peninsular electricity production facilities, including their evacuation infrastructures, of installed electrical power exceeding 50 MW, primary and peninsular transport facilities; and Voltage tushes equal to or greater than 380 kV. (b) Production facilities including their infrastructure for evacuation, secondary transport, distribution, and direct lines, which exceed the territorial scope of an Autonomous Community, as well as the direct lines connected to state competition generation facilities. (c) Production facilities located in the territorial sea. (d) Installations of production of installed electrical power exceeding 50 MW located in non-peninsular territories, when their electrical systems are effectively integrated with the peninsular system, according to the as set out in Article 25.2. (e) Primary transport facilities and rated voltage rated at or above 380 kV located in non-peninsular territories, when these are electrically connected to the peninsular system.
14. To provide, in the field of their competence, instructions on the extension, improvement and adaptation of electricity networks and facilities for transport and distribution, in order to ensure adequate quality and safety in the supply of energy, with a minimum environmental impact.
15. To inspect, within the scope of its competence, the subjects engaged in activities intended for the supply of electrical energy regulated in this Law, as well as their facilities, in the terms provided for in this Law and its regulations development.
16. To sanction, in the field of their jurisdiction and in accordance with the provisions of this law and provisions which develop them, the offences committed.
Article 4. Electrical planning.
1. The purpose of the electricity planning shall be to provide for the needs of the electricity system to ensure the long-term supply of energy and to define the investment needs in new electrical energy transport facilities, all under the principles of transparency and minimum cost for the system as a whole. The planning of the transport network shall be binding only with the technical characteristics defined therein.
2. The electricity planning will be carried out by the General Administration of the State, with the participation of the Autonomous Communities and Cities of Ceuta and Melilla, will require report of the National Commission of the Markets and the Competition and hearing. It shall be submitted to the Congress of Deputies, in accordance with the provisions of its Rules of Procedure, prior to its approval by the Government, and shall cover six-year periods.
3. Such Planning shall include the following: (a) Indicative, various scenarios on the future evolution of the electricity demand including an analysis of sensitivity in relation to the possible evolution of the demand in relation to changes in the main parameters and variables that determine it and an analysis of the criteria that lead to the selection of a scenario as the most likely. The selected scenario will analyze the resources needed to meet it and the needs of new power, all in terms that promote an appropriate balance between system efficiency, security of supply and environmental protection. (b) Estimate of the minimum capacity to be installed to meet the expected demand under the criteria of security of supply and competitiveness, energy diversification, improvement of efficiency and protection of the environment environment. (c) Forecasts relating to the transport and distribution facilities in accordance with the forecast of the demand for electrical energy, which are optimal in accordance with the cost and benefit analysis of the different options or levels of system adequacy to address such demand by ensuring security of supply. (d) The establishment of the lines of action in the field of quality of service, aimed at achieving the objectives of quality. (e) Action on demand that optimizes resource management and promotes the improvement of the service provided to users, as well as energy efficiency and savings. (f) The evolution of the conditions of the production market for the delivery of the security of supply. (g) The environmental protection criteria that must condition the electrical energy supply activities, in order to minimize the environmental impact produced by such activities.
4. The transport network development plans, to be included in the electricity planning, will include the planned transport lines and substations, cover six-year periods and will include criteria and flexibility mechanisms in its temporary implementation to adapt to the actual evolution of electricity demand, without prejudice to its periodic review when the parameters and variables that were used as a basis for its development would have varied. Exceptionally, by agreement of the Council of Ministers, prior to hearing, reports from the National Commission of the Markets and Competition and the Autonomous Communities and Cities of Ceuta and Melilla affected and heard by System operator may be subject to the modification of point-in-time aspects of the development plans when any of the following situations occur: (a) According to the planning criteria established, an unforeseen event has been presented that could significantly affect the security and security of supply. (b) New supplies for which technical reasons can only be made from the transport network and which cannot be carried out under the current transport network schedule. (c) They contain reasons for the economic efficiency of the system. These actions may be proposed by the system operator and transmission system operator, motivating their exceptional character. The Minister of Industry, Energy and Tourism, at the proposal of the system operator and after report of the National Commission of the Markets and the Competition, will be able to approve programs of annual execution of the facilities for the implementation of the development plans included in the electricity planning, in which the technical adaptations necessary for the implementation of the plans may be considered. The planning of the electrical energy transport network, including any revisions that may be carried out, will be carried out in accordance with the principle of economic and financial sustainability of the electricity system. provided for in Article 14 and, in any case, taking into account the annual investment limits which are to be established regulatively.
5. Without prejudice to the above paragraphs, the Government may approve, on an indicative basis, plans relating to the energy use of renewable energy sources and energy efficiency in the electricity sector. to promote the fulfilment of the objectives which could be established for Spain in these matters, resulting from membership of the European Union.
Article 5. Coordination with urban planning.
1. The planning of the electrical energy transmission and distribution facilities, which are located or run in any type and category of soil, shall be taken into account in the relevant instrument for the management of the territory and urban planning, which should specify the possible facilities and properly qualify the land, establishing, in both cases, the soil reserves necessary for the location of the new installations and the protection of the existing ones.
2. Where there are grounds for urgency or exceptional interest in the supply of electrical energy to the establishment of transport and distribution facilities which require an act of prior municipal intervention, will be in accordance with the provisions of the additional provision of the recast text of the Law of Soil, approved by the Royal Legislative Decree of 20 June. The same procedure shall apply in cases where there are already definitively approved territorial and urban planning instruments where the electrical planning has not been taken into account in accordance with the previous paragraph.
3. In any event, in respect of the transportation facilities whose authorization will be the responsibility of the General Administration of the State, it will be established in the additional provision of Law 13/2003, of 23 May, which will regulate the contract for the award of public works.
4. For all intents and purposes, the infrastructure specific to the activities of the electricity supply, recognised as being of public use by this law, shall have the status of general systems.
TITLE II - Supply Management
Article 6. Subjects.
1. The activities for the supply of electrical energy referred to in Article 1.2 shall be carried out by the following: (a) Electrical energy producers, who are those natural or legal persons who have the function of generating electrical energy, as well as those of building, operating and maintaining production facilities. (b) The market operator, which is that trading company which has the functions conferred on it by Article 29. (c) The operator of the system, which is that trading company which has the functions conferred on it by Article 30. (d) The carrier, which is the merchant company that has the function of transporting electrical energy, as well as constructing, maintaining and manoeuvring the transport facilities and all those functions that are collected in the Article 36. (e) Distributors, which are those commercial companies or cooperative societies of consumers and users, that have the function of distributing electric power, as well as to build, maintain and operate the distribution to place energy at consumption points and all those functions as set out in Article 40. (f) Marketers, which are those commercial companies, or cooperative societies of consumers and users, which, by accessing the transport or distribution networks, acquire energy for sale to consumers, other subjects of the system or to perform international exchange operations on the terms set out in this law. The procedure and requirements for being a reference marketer will be established. (g) Consumers, who are the natural or legal persons who acquire the energy for their own consumption. Consumers who acquire energy directly in the production market will be referred to as Market Direct Consumers. (h) System load managers, which are those commercial companies that, being consumers, are enabled for the resale of electrical energy for energy charging services. System load managers are the only subjects with a wholesale customer character in terms of the Community rules of application.
2. Agents acting on behalf of any person for the purposes of their participation in the production market and of the charges and payments of the regulated tolls, charges, prices and remuneration shall have the consideration of representatives. Agents acting as representatives may not act simultaneously on their own account and on behalf of others. A representative shall be understood to act on his own account when he participates directly or indirectly in more than 50% of the capital of the company he represents. An alien representation may be indirect, when the representative acts in his or her own name, or directly, when the representative acts on behalf of the representative.
Article 7. Security of supply.
1. All consumers shall be entitled to access and connection to the electricity transmission and distribution networks in the national territory in accordance with the terms laid down in this law and under the conditions laid down by law.
2. The Government may, for a specified period, take the necessary measures to ensure the supply of electricity when any of the following cases are present: (a) A certain risk for the supply of electricity supply. (b) Supply situations for some or some of the primary energy sources. (c) Situations of which a serious threat may arise for the physical integrity or safety of persons, equipment or installations or for the integrity of the transmission or distribution network of prior electrical energy communication to the Autonomous Communities concerned. (d) Situations in which substantial reductions in the availability of the production, transport or distribution facilities or of the supply quality indices attributable to any of them occur.
3. The measures taken by the Government to deal with the situations described in the previous paragraph may refer to, inter alia, the following: (a) Limitations or temporary modifications to the electricity market referred to in Article 25 or from the existing generation office in the isolated electrical systems. (b) Direct operation of generation, transport and distribution facilities. (c) Establishment of special obligations for the security stocks of primary sources for the production of electrical energy. (d) Limitation, temporary modification or suspension of the duties set out in Article 26 for producers of electrical energy from renewable energy sources, cogeneration and waste. (e) Modification of general conditions of regularity in the supply in general or in relation to certain categories of consumers. (f) Limitation, temporary modification or suspension of rights and guarantees of access to networks by third parties. (g) Limitation or allocation of primary energy supplies to electricity producers. (h) Any other measures that may be recommended by the international bodies of which Spain is a member or which are determined in application of those conventions in which it is involved.
4. In the situations described above, the Government shall determine the remuneration scheme applicable to those activities which are affected by the measures taken, ensuring, in any event, a balanced distribution of costs.
5. Where the measures taken by the Government in accordance with paragraph 2 concern only an Autonomous Community, the decision shall be taken in collaboration with the Autonomous Community notwithstanding the above, in the event that in the non-peninsular territories there are situations of a certain risk for the provision of the supply of electrical energy or situations from which the threat may arise for the physical integrity or the safety of persons, equipment or installations or for the integrity of the transmission or distribution network of electrical energy, the measures provided therein may also be adopted by the communities or cities (a) to be affected, provided that they are restricted to their respective territorial scope. In such cases, such measures shall not have an economic impact on the electricity system, unless there is prior agreement of the Ministry of Industry, Energy and Tourism which authorises it.
6. Where failure to comply with the obligations of the subjects defined in Article 6 may affect the continuity and security of the electricity supply, and in order to ensure its maintenance, the Government may agree to the intervention of the the company in accordance with the provisions of Article 128.2 of the Constitution, taking appropriate measures to do so. For these purposes, the following are causes of an enterprise intervention:
1. When the creditor tender declaration is measured and the company is not in a position to meet its obligations, and in any case, if the opening of the settlement phase has occurred.
2. The irregular management of the activity when it is imputable to it and can result in its stoppage with interruption of the supply to the users.
3. The serious and repeated lack of adequate maintenance of facilities that endanger the safety of the facilities. In these cases, if the companies carrying out the activities for the supply of electricity do so by means of installations whose authorization is the exclusive competence of an Autonomous Community, the intervention it shall be agreed by the latter, unless the security of supply is at risk, in which case it may also be agreed by the Government, which shall communicate it to the Autonomous Community.
7. In any event, information on the implementation of the measures necessary to ensure the supply of electrical energy contained in this Article shall be made available to the National Markets and Competition Commission.
Article 8. System operation.
1. The production of electrical energy shall be developed under free competition. The electricity production market is integrated by the set of commercial transactions in the purchase and sale of energy and other services related to the supply of electrical energy. The electric power production market is structured in term markets, daily market, intraday market, adjustment and balancing services, and unorganized markets. The persons defined in Article 6 acting on the production market referred to in the preceding paragraph may freely agree to the terms of the contracts for the sale of electrical energy which they subscribe to, in accordance with the minimum content provided for in this law and in its implementing regulations. The government may determine the functioning of the daily and intraday market based on offers of production units either physical or portfolio and, in the electrical systems of the non-peninsular territories, the operation of a technical and economic dispatch.
2. The operation of the system, the operation of the market, the transport and distribution of electrical energy are of a nature of regulated activities for the purpose of their separation from other activities, and their economic and operating system shall be adjusted to provided for in this Act. Third-party access to the transport and distribution networks is guaranteed under the technical and economic conditions laid down in this law and in terms that are regulated by the Government.
3. Without prejudice to the provisions for the marketing of reference, the placing on the market and the energy recharge services shall be exercised freely in the terms provided for in this Law and their economic regime shall be determined by the conditions to be agreed between the parties.
4. Unless otherwise agreed, the transmission of the ownership of the electrical energy shall be deemed to be produced at the time when the power is entered into the premises of the purchaser. In the case of traders and charge managers, the transmission of the ownership of the electrical energy shall be understood to be produced, unless otherwise agreed, when the power supply has entered the premises of its client.
Article 9. Self-consumption of electrical energy.
1. For the purposes of this law, self-consumption shall mean the consumption of electrical energy from generation facilities connected within a network of a consumer or through a direct line of electrical energy associated with a consumer. consumer. The following self-consumption modes are distinguished: a) Self-consumption supply modes. In the case of a consumer who has a generation facility, intended for his own consumption, connected within the network of his point of supply and who was not discharged in the corresponding register as an installation of production. In this case there shall be a single subject as provided for in Article 6, which shall be the consumer. b) Production modes with self-consumption. In the case of a consumer associated with a production facility duly registered in the administrative register of electrical energy production facilities connected within its network. In this case, two subjects shall be the subject of those provided for in Article 6, the consumer and the producer. c) Production modes with self-consumption of a consumer connected through a direct line with a production facility. In the case of a consumer associated with a production facility duly registered in the administrative register of electrical energy production facilities to which he was connected through a direct line. In this case, two subjects shall be the subject of those provided for in Article 6, the consumer and the producer. d) Any other mode of power consumption coming from an electrical power generation facility associated with a consumer.
2. In the case where the installation of production of electrical energy or of consumption is connected in whole or in part to the electrical system, the holders of both shall be subject to the obligations and rights provided for in this law and in their legislation
3. All consumers subject to any mode of self-consumption will have an obligation to contribute to the costs and services of the system for self-consumed energy, when the generation or consumption facility is fully connected or partially to the electrical system. To do this they will be required to pay the same network access tolls, charges associated with system costs and costs for the provision of system backup services that correspond to a non-consumer. none of the self-consumption modes described in the previous section. The government may regulate reductions in such tolls, charges, and costs on non-peninsular systems, where the modes of self-consumption entail a reduction in the costs of such systems.
4. Consumers benefiting from the arrangements for self-consumption of electrical energy will have the obligation to register in the administrative register of self-consumption of electrical energy, created for this purpose in the Ministry of Industry, Energy and Tourism. Reglamentarily, after hearing of the Autonomous Communities and Cities of Ceuta and Melilla, the organization will be established by the government, as well as the procedure of registration and communication of data to the registry Electrical energy self-consumption administrative.
5. The Government shall establish the administrative and technical conditions for the connection to the network of self-consumption installations. The government will also establish the economic conditions for self-consumption production (b) facilities to sell the non-self-consumed energy to the system.
Article 10. Activities in the electrical systems of non-peninsular territories.
1. The activities for the supply of electrical energy which are developed in the electrical systems of non-peninsular territories may be subject to a singular regulation which will address the specific features of their location. territorial and its isolated character, after report of the Autonomous Communities or Cities of Ceuta and Melilla affected.
2. Such regulation shall at least develop the following mechanisms: (a) The planning of the infrastructure of the electricity transmission network based on cost/benefit analysis criteria, in relation to the other activities intended for the supply, and in the terms envisaged in Article 4. (b) The establishment of a remuneration scheme for production activity in accordance with the terms of Article 14. (c) The promotion of renewable energy sources where they are technically feasible and involve a reduction in system costs in accordance with the terms of Article 14. (d) the integration of non-peninsular systems into the peninsular market, where there is an interconnection with the peninsula of sufficient commercial capacity, and until then, the application of technical and market criteria for the energy dispatch. (e) The establishment of economic incentives to the system operator so that, while maintaining security, the cost of generation in non-peninsular systems is progressively reduced. (f) The incorporation of efficient price signals to the consumer so that they can modulate their demand. Article 11. Intra-Community and international exchanges of electricity.
1. Intra-Community trade in electricity may be freely carried out in accordance with this law.
2. Energy acquisitions through interconnections with other Member States of the European Union or third countries may be carried out by the producers, marketers and direct consumers on the market as defined in Article 6. Such energy may be acquired through any of the hiring modalities that are authorized in the development of this law.
3. Energy sales through interconnections with other Member States of the European Union or third countries may be carried out by the producers, traders and direct consumers on the market as defined in Article 6. Such operations shall be communicated to the system operator, which may refuse them when they entail a certain risk to the supply.
4. Short-term exchanges of balance or reserve energy which are intended to maintain the quality and safety conditions of the supply of electrical energy in the system and the exchange of cross-border services between Member States. adjustment, shall be performed by the system operator or other system subjects on the terms that are regulated.
5. Exchanges of electricity through interconnections with third countries shall in any case be subject to administrative authorisation from the Ministry of Industry, Energy and Tourism.
6. The legal and economic arrangements to which intra-Community and international trade will be subject will be regulated in accordance with the principles of competition and transparency to govern the production market. In any case, the persons who perform the export of electrical energy shall pay the costs of the system which they proportionally correspond to.
Article 12. Separation of activities.
1. Commercial companies which carry out some or some of the activities of transport, distribution and operation of the system referred to in Article 8 (2) shall have as their exclusive social object the development of the they may therefore carry out production, marketing or energy-charging services, or take a stake in undertakings performing these activities.
2. However, a group of companies may develop incompatible activities in accordance with the law, provided that they are exercised by different companies, and the following independence criteria are met: (a) Persons responsible for the management of companies engaged in regulated activities may not participate in organisational structures of the business group which are responsible, directly or indirectly, for management activities for the generation, placing on the market or for energy-charging services. In addition, and without prejudice to the provisions of the second paragraph of Article 34.2 concerning the single carrier and the exclusivity of the development of the transport activity, the person responsible for administering the distribution network shall not be entitled to participate in the day-to-day management of transport activities. (b) Groups of companies shall ensure, under the responsibility of their administrators, the independence of persons responsible for the management of companies engaged in regulated activities by the protection of their professional interests. In particular, they shall provide guarantees as regards their remuneration and their termination. Companies carrying out regulated activities and persons responsible for their management to be determined may not own shares in companies carrying out production, marketing or recharging services. energy. In addition, companies that carry out regulated activities, as well as their employees, will not be able to share commercially sensitive information with companies in the group of companies they belong to, in the event that they perform liberalised activities. (c) Companies carrying out regulated activities shall have an effective decision-making capacity, independent of the group of companies, with respect to assets necessary to exploit, maintain or develop the transport network or power distribution. However, the group of companies shall be entitled to the economic supervision and management of these companies, and may subject to approval the annual financial plan, or equivalent instrument, as well as set limits. (a) the level of debt, which does not interfere with the viability of the budget drawn up by the regulated society as an individual company. In no case may the business group instruct companies to carry out regulated activities in respect of day-to-day management, or in respect of particular decisions concerning the construction or improvement of assets. for transport or distribution, provided that the provisions of the annual financial plan or equivalent instrument are not exceeded, nor can it give instructions on which services the regulated company needs to contract to other companies in the group if do not present economic conditions comparable to those that would be obtained abroad. (d) Companies carrying out regulated activities shall establish a code of conduct in which the measures taken to ensure compliance with the provisions of paragraphs (a), (b) and (c) above are laid down. The code of conduct shall establish specific obligations of employees, and their compliance shall be subject to appropriate supervision and evaluation by the competent person or body designated by the company to that effect. The person in charge of assessing compliance will be fully independent and will have access to all the information of the company and any of its subsidiary companies that it requires for the performance of its function. Annually, the supervisory officer will present a report to the Ministry of Industry, Energy and Tourism and the National Markets and Competition Commission to be published in the "Official State Gazette", indicating the measures taken to achieve compliance with the provisions of paragraphs (a), (b) and (c) above. This report shall be submitted by 31 March of each year in respect of the previous year. (e) The separation of activities and, in particular, the functional separation, to whose effect the obliged companies will have to refer to the Ministry of Industry, Energy and Tourism and to the National Commission of the Markets and the Competition the code of conduct referred to in paragraph (d) of this Article before 31 March of each year in relation to the previous year.
3. The distribution companies and the reference trading companies that are part of a group of companies that develops regulated and free activities in accordance with this law shall not create confusion in their information and in the presentation of your trademark and brand image in respect of the identity of the subsidiaries of the same group performing marketing activities, without prejudice to the infringements provided for in the rules in force in this respect.
4. The set of obligations laid down in paragraph 2 of this Article shall not apply to distribution undertakings with less than 100,000 customers connected to their networks.
TITLE III - Economic and financial sustainability of the electrical system
Article 13. Economic and financial sustainability of the electrical system.
1. The actions of the Public Administrations and other subjects falling within the scope of this law shall be subject to the principle of economic and financial sustainability of the electrical system. The economic and financial sustainability of the electrical system shall be the capacity to satisfy all the costs of the electrical system, in accordance with this law and its development regulations.
2. The costs of the system shall be financed by the revenue of the electricity system which shall include: (a) Tolls of access to transport and distribution networks satisfied by consumers and producers and agents by energy exports to non-Community countries, intended to cover the remuneration of the transport and distribution, (b) charges to be laid down for the payment of the other items of costs that are not covered by other income as defined in Article 16, (c) any normatively established financial mechanism, (d) items from the general budget of the State intended to cover, inter alia, the amounts to be determined corresponding to the costs of the specific remuneration scheme for the promotion of the activity of generation from renewable energy sources and from the extraction of the production activity in the electrical systems in the non-peninsular territories with additional remuneration and, (e) Any other income expressly attributed to a statutory or statutory range rule.
3. The costs of the electrical system, which shall be determined in accordance with the provisions of this Law and its implementing rules, shall be as follows: (a) Remuneration for transport and distribution activities. (b) A specific remuneration scheme for generation from renewable energy sources, high efficiency cogeneration and waste. (c) Remuneration for the extraction of production activity in electrical systems in non-peninsular territories with additional remuneration. (d) Remuneration associated with the application of capacity mechanisms, if any, (e) Remuneration associated with the mechanisms to be developed pursuant to Article 25 (1), where appropriate. (f) Compensation associated with the nuclear moratorium in accordance with the eighth additional provision of Law 40/1994 of 30 December 1994 on the Management of the National Electrical System. (g) Endowment of the Fund for the financing of the General Plan for Radioactive Waste. (h) Rate of the National Commission of Markets and Competition and of the Ministry of Industry, Energy and Tourism. (i) Imputation of the loss difference associated with the closing of energy on the production market, if any. (j) Anualities corresponding to the deficit of the electrical system, with their corresponding interests and adjustments. (k) Demand management measures, in the case where they are recognised in accordance with Article 49. (l) Technical and economic management of the system in the event of a mismatch between the income and the remuneration of these activities in accordance with Article 14.11, and the amount collected through the regulated prices charge the agents. (m) Any other cost expressly attributed by a rule with legal status that is intended solely for electrical sector regulation.
4. The revenue of the system shall be sufficient to satisfy all the costs of the electrical system.
5. Any regulatory action in relation to the electricity sector which would result in an increase in costs for the electricity system or a reduction in revenue should include an equivalent reduction in other cost items or an equivalent increase in costs. income that ensures the balance of the system.
6. On an annual basis, by order of the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, and after report of the National Commission of the Markets and the Competition, a forecast will be approved the evolution of the different revenue and cost items of the electricity system for the next six years.
Article 14. Remuneration of the activities.
1. The activities for the supply of electricity shall be paid in the form laid down in this law by the revenue of the electricity system as defined in Article 13, to the derivatives of the participation in the market of electricity. production, as well as income from the application of the provisions of this law and its implementing rules. The revenue of the electricity system shall be intended to pay exclusively the remuneration of the activities for the electricity supply and the other system costs as defined in Article 13, without any for other purposes.
2. The remuneration of the activities shall be established on a regulatory basis with objective, transparent and non-discriminatory criteria which encourage the improvement of the efficiency of the management, the economic and technical efficiency of those activities and the quality of the activities. of the electrical supply.
3. For the purposes of calculating the remuneration for the transport, distribution, technical and economic management of the system, and production in the electrical systems of the non-peninsular territories with additional remuneration, the costs necessary to carry out the activity by an efficient and well-managed undertaking, by applying uniform criteria throughout the Spanish territory, without prejudice to the specific features of the non-peninsular territories. These economic regimes will allow for appropriate remuneration to be paid to a low-risk activity.
4. The parameters for the remuneration of transport, distribution, production from renewable energy sources, high efficiency cogeneration and waste with specific remuneration and production in the electrical systems peninsular with additional remuneration shall be fixed taking into account the cyclical situation of the economy, the electricity demand and the appropriate return for these activities for regulatory periods which shall be valid for six years. These remuneration parameters may be reviewed before the beginning of the regulatory period. If this review is not carried out, they shall be deemed to be extended for the following regulatory period. In the aforementioned review for transport, distribution and production activities in non-peninsular electrical systems with additional remuneration, the rate of remuneration applicable to such activities may be changed. to be legally fixed. In the case of production facilities from renewable energy sources, high-efficiency cogeneration and waste with a specific remuneration regime, the modification of the remuneration parameters will be made agreement with the following criteria:
1. In the review that corresponds to each regulatory period, all remuneration parameters may be modified and, among them, the value on which the reasonable profitability will be based on the regulatory life of the the type of facilities to be legally fixed. In no case, once the regulatory life or the standard value of the initial investment of an installation is recognized, these values can be reviewed.
2. Every three years will be reviewed for the remainder of the regulatory period the estimates of revenues from the sale of the generated energy, valued at the price of the production market, in function of the evolution of the prices of the market and the operating hours forecast. In addition, the remuneration parameters will be adjusted according to the deviations of the market price from the estimates made for the previous three-year period. The adjustment method shall be established in a regulated manner and shall be applicable in the lifetime of the installation.
3. At least annually the remuneration values for the operation shall be updated for those technologies whose operating costs are essentially dependent on the price of the fuel.
5. The remuneration of the production activity shall incorporate the following concepts: (a) The electricity negotiated through the daily and intraday markets to be paid on the basis of the price resulting from the balance between the supply and the demand for electricity offered in the same resulting of the mechanisms to be established. The electricity negotiated through the bilateral or physical procurement markets or in time to be paid on the basis of the price of the operations contracted on firm in those markets. This remuneration concept shall be defined in the light of the losses incurred in the networks and the costs arising from changes in the normal system of operation of the system of tenders. (b) The system tuning services required to ensure an adequate supply to the consumer. Reglamentarily will determine which services are considered to be system adjustment, as well as their remuneration regime, differentiating those that are mandatory from those powers. (c) Where appropriate, the remuneration in respect of capacity mechanism, which shall be established by order of the Minister for Industry, Energy and Tourism, enabling the system to be provided with an adequate margin of coverage and incentivising the availability of manageable power. (d) Where appropriate, the additional remuneration referred to in paragraph 6 for the production of electrical energy developed in the electrical systems of non-peninsular territories. (e) Where appropriate, the specific remuneration referred to in paragraph 7 for the production of electrical energy from renewable energy sources, high-efficiency cogeneration and waste.
6. The Government may determine an additional remuneration concept to cover the difference between the investment and operating costs of the electricity production activity developed in the electrical systems of the territories. peninsular and the revenue of that production activity by reference to the price structure provided for in paragraphs (a), (b) and (c) of paragraph 5. The additional remuneration concept shall be based on the following principles: (a) The extracosts shall be taken into consideration exclusively for these electrical systems associated with their territorial location and, where appropriate, their isolated character. (b) For the determination of the investment and operating costs of the electrical energy production activity, a type installation shall be considered, over its regulatory life and in reference to the activity carried out. by an efficient and well-managed company. (c) In order to allow adequate remuneration for a low-risk activity, the financial remuneration rate of the recognised net investment shall be referenced to the performance of the State Obligations to ten years in the secondary market increased with an appropriate differential.
7. Exceptionally, the Government may establish a specific remuneration scheme to promote production from renewable energy sources, high-efficiency cogeneration and waste, where there is an obligation to meet targets. energy derivatives of Directives or other rules of law of the European Union or where their introduction involves a reduction in the energy cost and external energy dependence, in the terms set out below: (a) The granting of this specific remuneration scheme shall be established by competitive competition procedures. This remuneration scheme, in addition to the remuneration for the sale of the generated energy valued at the price of the production market, shall be composed of a term per unit of installed power covering, where appropriate, the investment costs for each type facility that cannot be recovered by the sale of the energy on the market, and a term to the transaction covering, where applicable, the difference between the operating costs and the revenue from the holding in the production market for such an installation. This remuneration scheme shall be compatible with the economic sustainability of the electricity system in accordance with Article 13 and shall in any event be limited to the power objectives set out in the planning in the field of renewable energy and savings and efficiency. (b) For the purpose of calculating such specific remuneration, for a type facility, over the course of its regulatory life and in reference to the activity performed by an efficient and well-managed undertaking, the securities shall be considered as are considered to be: i. The standard revenue from the sale of the generated energy valued at the price of the production market. ii. The standard operating costs. iii. The standard value of the initial investment. For these purposes, in no case will the costs or investments that are determined by rules or administrative acts that do not apply throughout the Spanish territory be taken into consideration. In the same way, only those costs and investments that respond exclusively to the production of electrical energy will be taken into account. As a consequence of the unique characteristics of the electrical systems of non-peninsular territories, specific facilities may be defined exceptionally for each of them. The remuneration scheme will not exceed the minimum level necessary to cover the costs of competing production facilities from renewable energy sources, high-efficiency cogeneration and waste in level of equality with other technologies on the market and to enable a reasonable return on the type of plant to be obtained in each applicable case. This reasonable return will, before tax, turn on the average return on the secondary market of the State Obligations to ten years by applying the appropriate spread. Exceptionally the remuneration scheme may also include an incentive for investment and execution within a specified period of time when its installation involves a significant reduction of costs in the systems of the non-peninsular territories. (c) The value of the initial investment will be determined by the competitive concurrency procedure to grant the additional remuneration to each facility. The additional remuneration to that of the market, which may correspond to each installation, will be the result of applying the provisions of the preceding paragraphs, considering as the standard value of the initial investment the one that results in the competitive concurrency procedure. (d) Electrical energy attributable to the use of a fuel in a generation plant using as primary energy some non-consumable renewable energy shall not be subject to a specific remuneration scheme, except in the case of hybrid installations between non-consumable renewable energy sources and consumables, in which case the electrical energy imputable to the use of the consumable renewable energy source if it may be subject to a system specific remuneration. For these purposes, the methodology for the calculation of the electrical energy imputable to the fuels used will be published by the Minister of Industry, Energy and Tourism. (e) The specific remuneration scheme shall become inapplicable if, as a result of an inspection or of any other valid means of law, it is found that before the time limit laid down by law, the installation would have failed to meet any of the following requirements: i. Be totally finished. For this purpose, an installation shall be considered to be fully completed if it has all the elements, equipment and infrastructure that are necessary to produce energy and to pour it into the electrical system, including, where appropriate, the storage systems. ii. That their technical characteristics coincide with the technical characteristics projected for the installation at the time of the granting of the right to the perception of the specific remuneration regime. In cases where the technical characteristic that has been modified is the power of the installation, provided that this circumstance consists in the registration of the energy production facilities Prior to the expiry of the prescribed deadline, compliance with the requirement of paragraph (e) of this paragraph shall be required only for the part of the installation corresponding to the registered power. In such cases, the installation shall only be entitled to the perception of the specific remuneration scheme corresponding to that power recorded in the register and to the fraction of the energy attributable to it. In the provisions laying down the arrangements for the allocation of specific remuneration schemes, new installations which meet certain requirements of compliance with the provisions of the Directive may be exempted from the provisions of this Regulation. paragraph (e) (ii). The power or energy attributable to any part of an installation entitled to the perception of the specific remuneration scheme, which was not installed and in operation before the deadline. established, shall not be entitled to the specific remuneration scheme, without prejudice to the remuneration scheme to be established by the Government for modifications to the facilities. The circumstances referred to in this paragraph e) and the consequent misapplication or modification, as appropriate, of the specific remuneration regime applicable to the various installations shall be declared by the Directorate-General of Energy and Mines Policy prior to the processing of a procedure which will, in any event, guarantee the hearing to the person concerned. The maximum period for resolving this procedure and notifying its resolution shall be six months.
8. The remuneration methodologies for the transport and distribution activities shall be laid down in a regulated manner, taking into account the costs necessary to build, operate and maintain the facilities in accordance with the principle of activity at the lowest cost for the electrical system as provided for in Article 1.1. The economic regimes of the transport and distribution activities shall take as a basis the following principles: (a) The accrual and collection of the remuneration generated by transport and distribution facilities put into service for the year n shall be initiated from 1 January of year n + 2. (b) Remuneration in respect of investment shall be made for those non-amortised service assets on the basis of their financial remuneration as the net value thereof. (c) For the purpose of allowing adequate remuneration to be paid to a low-risk activity, the rate of the financial remuneration of the asset entitled to remuneration in charge of the electricity system of the transport and distribution undertakings will be referred to the performance of the 10-year State Obligations on the secondary market increased with an appropriate differential. The methodology for the remuneration of the transport activity shall include economic incentives, which may be positive or negative, in order to improve the availability of the facilities and other objectives. The remuneration methodology of the distribution activity should include the formulation to remunerate those other regulated functions carried out by the distribution companies, as well as the corresponding incentives, which may have a positive or negative sign, in order to improve the quality of supply, the reduction of losses, the fight against fraud, technological innovation and other objectives. For the case of assets that involve technological innovations and whenever their introduction implies greater technical and economic efficiency in the system, a differentiated regulatory life can be considered for these significantly lower assets.
9. The Government will regulate the economic system of rights to be affected, hooks, verification of the facilities, actions on control and measurement equipment, rental of measuring devices, realization of Connection studies and access to the networks and other actions necessary to meet the requirements of the users. Payments for rights for the affected, hooks, verification and actions on control and measurement equipment derived from user decisions, rental of measuring devices and carrying out of connection studies and Access to networks shall be carried out by the system's subjects to the network operators or operators on the terms that are regulated. In no case shall such payments be considered as tolls or charges.
10. Without prejudice to the provisions in relation to the marketing of reference, the remuneration for the marketing activity shall be that which is freely agreed between the parties. Consumers, either directly, or through their marketer, may obtain the corresponding revenue, for their participation, if any, in the services included in the production market according to Regulation is determined.
11. The remuneration of the market operator and the system operator shall be established in accordance with the methodology determined by the Government in the light of the services which it is providing and shall be financed on the basis of the prices charged to the the agents and system subjects, respectively. The remuneration of the system operator may include incentives, which may have a positive or negative sign, to the reduction of system costs arising from the operation in the determination of the adjustment services, to the improvement of the forecasts, and other objectives. The remuneration of both operators and the prices to be charged will be fixed annually by the Minister of Industry, Energy and Tourism.
Article 15. Criteria for networks and criteria for the operation of production facilities subject to regulated remuneration.
1. The Government shall establish the general network criteria and the criteria for the operation of electricity production facilities subject to regulated remuneration. The remuneration methodologies to be established under the revenue of the electricity system shall only take into account the costs resulting from the application of those criteria. To this effect, best practices will be taken into account in the activities of transport, distribution and production, the quality indices established in the state regulations and the environmental protection levels derived from the of state and European regulations. The criteria in this section will be those used in the transport network planning.
2. Undertakings holding network assets and electrical energy production facilities subject to regulated remuneration to which specific rules on networks or production facilities involving them are applied in one of their areas higher costs in the activity they perform, they may establish agreements or other mechanisms with the Public Administrations to cover the cost incurred. In no case shall the cost of these rules be part of the investment or the operating costs recognised by these undertakings for the purpose of calculating the remuneration, and thus not being eligible for the income of the system. electrical.
3. Exceptionally and on a temporary basis, the Government may authorise the cost of fuel changes in the production facilities of the electrical systems of the non-peninsular territories, which are essential to guarantee the supply in those territories.
Article 16. Network access tolls and charges associated with system costs.
1. The Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, will dictate the necessary provisions for the establishment of: (a) The prices of the tolls for access to the transport and distribution networks, which will be established in accordance with the methodology established by the National Commission of the Markets and the Competition in view of these effects, cost of the remuneration for these activities. (b) The necessary charges to be established in accordance with the methodology provided for in this Article to cover other costs of the corresponding system activities. Tolls and charges so calculated will be unique throughout the national territory and will not include any taxes.
2. The tolls to be met by consumers will take into account the specialties by voltage levels and the characteristics of the consumption by time periods and power. The tolls to be met by electricity producers will be regulated, taking into account the energy poured into the networks.
3. The government, after a report from the National Commission on Markets and Competition, will set out the methodology for calculating the charges to be met by consumers and, where appropriate, electricity producers, and which will cover the costs. system costs to be determined, without prejudice to the provisions of the transport and distribution tolls. Such charges may take into account the structure of existing access tolls.
4. Where the activities or installations for electricity supply are taxed, directly or indirectly, with own taxes of the Autonomous Communities or surcharges on state taxes, on the toll of access or charge A territorial supplement covering the entire cost of the charge or surcharge and which must be paid by the consumers located in the territorial scope of the respective Autonomous Community may be included. In the event that the taxes are of a local character, except those referred to in Article 59 of the recast text of the Local Government Law of 5 March, approved by Royal Legislative Decree of March 5, at the toll The relevant access or charge may be included in a territorial supplement covering the entire cost of the cost incurred. By order of the holder of the Ministry of the Presidency, a joint proposal of the holders of the Ministries of Industry, Energy and Tourism and of Finance and Public Administrations will be determined, with the agreement of the Commission Delegated to the Government for Economic Affairs, the specific taxes and surcharges to be considered for the purpose of the application of the said territorial supplements, as well as the necessary mechanisms for the management and liquidation of such supplements.
5. In general, and without prejudice to Article 19, tolls for access to networks and charges referred to in paragraph 1 of this Article shall be established annually by the Minister for Industry, Energy and Tourism, Prior to the Agreement of the Government Delegation for Economic Affairs, based on the estimates made. Such charges and access tolls may also be reviewed in the event of circumstances affecting the regulated costs or the parameters used for their calculation.
6. Companies carrying out the activities with regulated remuneration will provide the National Commission of the Markets and the Competition and the Ministry of Industry, Energy and Tourism with all the information necessary for the determination of the access to transport and distribution networks, and charges necessary to cover other costs.
Article 17. Voluntary prices for the small consumer and last resort fees.
1. The voluntary prices for the small consumer, which will be unique throughout the Spanish territory, will be the maximum prices charged by traders who, within the meaning of Article 6 (f), assume the obligations of the reference supply, to those consumers who, in accordance with the rules in force, comply with the requirements to be applied to them. Such prices shall be fixed in such a way as to ensure that the principle of income sufficiency, additivity and non-distortions of competition on the market are respected in their calculation.
2. The voluntary prices for the small consumer shall take into account the specialities referred to in Article 16.2. For their calculation, the following concepts shall be included in their structure: (a) The cost of production of electricity, which will be determined on the basis of market mechanisms on the basis of the average forecast price on the production market during the period which is to be determined and which will be reviewable independently of the rest of the concepts of the voluntary price for the small consumer. (b) The access tolls and charges that correspond. (c) The marketing costs that correspond.
3. Rates of last resort are defined as those prices for application to specific categories of consumers in accordance with the provisions of this law and its implementing rules. Such last resource rates will apply: (a) Consumers who have the status of vulnerable, and (b) those who, without complying with the requirements for the application of the voluntary price for the small consumer, are not in possession of a supply contract in force with a free market marketer. Rates of last resort will be unique throughout the national territory and in their fixation discounts or surcharges may be included on the voluntary prices for the small consumer, as determined for each category of consumers. The rates of last resort shall be the prices which may be charged by traders who, within the meaning of Article 6 (f), bear the reference supply obligations to those consumers who, in accordance with the rules in force, meet the requirements that apply to them.
4. The government will establish the methodology for calculating the voluntary prices for the small consumer and the rates of last resort. On the orders of the Minister of Industry, Energy and Tourism, prior to the Agreement of the Government of the Government for Economic Affairs, the necessary provisions for the establishment of these voluntary prices will be dictated for the small consumer and last resort rates.
5. On the voluntary prices for the small consumer and the rates of last resort for each category of consumption the corresponding taxes will be applied.
6. In the event that the activities or installations for electricity supply were taxed, directly or indirectly, with own taxes of the Autonomous Communities or surcharges on state taxes, on the voluntary prices for the small (a) a territorial supplement covering all the costs incurred by that tax or surcharge and which must be paid by the consumers located in the territorial area of the territory of the Member State of the European Union; respective Autonomous Community. In the event that the taxes are of a local character, except those referred to in Article 59 of the recast text of the Local Government Law Regulatory Law, approved by Royal Legislative Decree of 5 March, in the Voluntary prices for the small consumer or the rate of last resort may be included in a territorial supplement covering all the cost incurred. By order of the holder of the Ministry of the Presidency, on a joint proposal from the ministers of the Ministries of Industry, Energy and Tourism and of Finance and Public Administrations and prior to the Agreement of the Delegation of the Government for Economic Affairs shall determine the specific taxes and surcharges to be considered for the purposes of the application of the said territorial supplements, as well as the necessary mechanisms for their management and liquidation.
7. In order to ensure that there is greater transparency in the prices of the electricity supply, the different concepts in the way that the regulation is determined, at least the cost of energy, will be broken down into the billing of the user. tolls for access to the relevant transport and distribution networks and charges, and taxes on the consumption of electricity, as well as on territorial supplements where they correspond. In the invoicing of those users who receive the last resort fees, the amount of the social bond shall be included, where appropriate, by minorating the voluntary price for the small consumer or the surcharge on that price in the case of the last tariff. resource for those consumers who are temporarily not in possession of a supply contract in force with a free market marketer.
Article 18. Collection and settlement of regulated tolls, charges, prices and remuneration.
1. Tolls for access to transport and distribution networks and charges or charges for other regulated services intended for the supply of electricity shall be collected by the distribution undertakings and, where appropriate, by the system operator, The application shall be given to the quantities entered in accordance with the general settlement procedure provided for in this law and in its implementing rules. To these effects, the revenue from tolls or charges will be those that would have been invoiced for the implementation of the regulations that establish them, regardless of their actual billing and collection by the individuals obliged to their collection.
2. The Government shall establish the general procedure for liquidations for the distribution of the funds paid by the distributors and the carrier, together with the other revenue items, between those who carry out the activities included in the system, taking into account the remuneration corresponding to them in accordance with this Law. The revenue and cost settlements of the electricity system shall be made monthly by the body responsible for the electricity system for the closing settlement of each year, which shall be carried out before 1 December of the year. next to which it is appropriate to consider the revenue items incorporated into the settlement system up to that date from any financial mechanism established in a normal manner and by the General Budget of the State, to the provisions of Article 13. Any income or cost that is incorporated after the closure of an exercise has been completed, shall have the consideration of income or liquidable cost of the system of the financial year in which it occurs. As a general rule, in the case of activities with regulated remuneration corresponding to a cost item of the electricity system, the recovery of such remuneration shall be carried out on the basis of the liquidations of the financial year for which the have been established, applying to all activities with equal distribution in recovery. The above shall be without prejudice to regularisations which may be carried out after the liquidations of each financial year or of the destination established for those items of revenue from the General Budget of the State or financial mechanisms in accordance with the standard set out.
3. The subjects referred to in Article 6 shall adhere to the conditions laid down by the market operator and the system operator for the implementation of the relevant energy payment and settlement operations. Such conditions shall be public, transparent and objective and shall be approved by the Ministry of Industry, Energy and Tourism.
4. Where the subject of the electricity system to which payments are made by liquidations, in accordance with the provisions of this Article, do not comply with their obligation to enter in time the quantities to be paid to them (a) the body responsible for carrying out the settlements shall, immediately after the expiry of the period for making the payment, require them to proceed to the entry of the corresponding amounts. In such cases, where the non-compliance with the income obligation corresponds to a company belonging to a group of companies that has receivables in the same settlement, the allocation of the amounts shall be prioritized. entered according to the following rules: (a) First, the unfulfilled amounts shall be imputed to the persons with the payment entitlements of the same group of companies and, (b) the remaining quantities shall be allocated among the other non-group subjects. Without prejudice to the foregoing, from the day following the end of the period set for the payment, interest on late payment shall be due, without the need for a prior requirement, which shall be equivalent to the interest rate. legal money increased by 150 basis points.
5. The settlement of payment obligations or, where appropriate, the payment entitlements resulting from the application and its implementing rules in accordance with the general settlement procedure, shall be considered as income or liquidable cost. system, as appropriate.
Article 19. Temporary mismatch between revenue and system costs.
1. Temporary mismatch between revenues and costs of the electricity system shall be understood if, as a result of the closure of the electricity system in an exercise, a deficit or surplus of revenue is resulting.
2. In the event of a shortfall in revenue shortfall in an financial year, the amount of the revenue shall not exceed 2% of the estimated revenue of the system for that financial year. In addition, the accumulated debt for prior exercise mismatches may not exceed 5 percent of the system's estimated revenue for that financial year. The tolls, if any, or charges that correspond will be reviewed at least in a total equivalent to the amount in which the above limits are exceeded.
3. The part of the mismatch which, without exceeding the above limits, is not compensated for by the increase in tolls and charges shall be financed by the persons in the settlement system in proportion to the remuneration corresponding to the activity which perform. Also, if in the monthly settlement of the closing of each financial year there are transitional deviations between the revenue and the costs, these deviations will be borne by the settlement system's subjects. in proportion to the remuneration corresponding to them in each monthly settlement. For these purposes, those who receive the settlement of their remuneration from the different cost items of the system, both directly and through the operator of the system, will be considered subject to the settlement system. system or distributors. These subjects shall be entitled to recover any mismatches resulting from the closing settlement at the settlement of the five years following the year in which the closing settlement was issued. temporary mismatch. The amounts contributed by this concept shall be returned by recognition of an interest rate on conditions equivalent to those of the market to be fixed in the order provided for in Article 16.
4. Income surpluses that may result from the liquidations of the electricity system in each financial year shall be considered as liquidable income from the system of the current financial year. Whenever there are mismatches from previous years, these revenues will be allocated to the reduction of the amounts due for repayment corresponding to them.
5. In any case, as long as the cost items of the electricity system reflect payments that correspond to outstanding debts from previous years, the charges may not be revised downwards.
Article 20. Accounting and reporting.
1. The entities that develop some or some of the activities referred to in Article 1.2 of this Law shall keep their accounts in accordance with the provisions of the Royal Decree of Law 1/2010 of 2 July, approving the recast of the Capital Companies Act, even if they did not have such a character. The government will regulate the adjustments that are necessary for the assumption that the owner of the activity is not an anonymous company. In any case, companies must have a copy of their annual accounts available to the public at their headquarters.
2. Without prejudice to the application of the general rules of accounting to undertakings carrying out activities referred to in Article 1.2 of this law or to companies exercising control over them, the Government may provide for the (a) the accounting and publication of accounts which are deemed to be appropriate in such a way as to reflect clearly the assets, liabilities, revenue and expenditure of the electrical activities and transactions carried out between companies; a single group. Among the accounting specialties to be established by the Government for companies carrying out electrical activities, special attention will be paid to the inclusion in the annual accounts of the information related to the actions The aim is to gradually integrate the criteria for the preservation of the environment into the economic decision-making processes of businesses. In the case of companies which have as their object the conduct of the activities with regulated remuneration, in accordance with the provisions of this law, they shall keep separate accounts which differentiate between them. assets, liabilities, revenues and costs strictly attributable to each of those activities, in order to avoid discrimination, subsidies between different activities and distortions of competition. Reference marketers shall keep separate accounts of the reference supply activity in their internal accounts from other activities. Companies carrying out electrical activities other than those laid down in Article 8.2 shall bear separate accounts for the production, marketing and other non-electric activities carried out in the Spanish territory and all other Spanish territory. Producers with a regulated remuneration or specific economic regimes shall keep separate accounts of electrical activities and those which are not, as well as production activity, in their internal accounts. free market, with regulated remuneration or with specific schemes. Spanish Electricity Network, S.A.U. shall be required to keep separate accounts of the transport activity, of the operation of the peninsular system, and of the operation of the system in the non-peninsular systems. The market operator must keep separate accounts of the market's operating activity and the other activities it performs in an ancillary manner.
3. Institutions shall explain in the memory of the annual accounts the services provided and the costs incurred by other entities in the group and related parties, as well as the criteria applied by the group of companies in the distribution of costs. with respect to the other entities in the group performing different electrical activities. In addition, they shall report on the annual accounts on the criteria for the allocation and allocation of the assets, liabilities, expenditure and revenue between each of the activities for which they are required to keep separate accounts, as well as the applicable depreciation rules and useful lives of the assets. The criteria must be explicit and specific, in such a way that there is a clear correspondence between those criteria and the values obtained in the separate accounting for activities. These criteria shall be maintained and shall not be amended, except in exceptional circumstances. The amendments and their justification shall be explained in the annual report to the relevant financial year. It will also be included in the annual accounts ' memory, information on the operations carried out with the companies of the same business group under the conditions that are regulated. Also, a balance sheet and separate profit and loss account shall be included in activities, segregating the assets, liabilities, expenses and income of each of the activities that the company carries out, for which it is required to carry out separate accounting, as well as, in aggregate, for all other activities that you can perform in an ancillary manner.
4. Companies shall provide the Ministry of Industry, Energy and Tourism and the National Commission of the Markets and Competition with the information required of them from their separate accounts for activities and within these, where appropriate, separated by specific technology or facilities, as well as from operations carried out with the companies of its own business group and other related parties. The companies must also provide them with the information they need, especially in relation to their financial statements, which must be verified by external audits to the company themselves. to be carried out in accordance with the provisions of the Royal Legislative Decree 1/2011 of 1 July, approving the recast text of the Audit of Accounts Act. When these entities are part of the same business group, the reporting obligation shall also extend to the company exercising the control of which it carries out electrical activities whenever it acts in any sector. energy and those other companies in the group carrying out operations with which it carries out activities in the electricity system. Reglamentarily, exceptions to the obligation to audit accounts for small or medium-sized enterprises may be established.
5. Information shall be included in the annual accounts, relating to the business activities that are carried out in savings, energy efficiency and environmental impact reduction projects for which the deduction is made. investments provided for in this law.
6. In addition to the provisions of the foregoing paragraphs, the persons who carry out any of the activities with regulated remuneration in accordance with this law and its implementing rules shall provide the Ministry of Industry with the necessary information. Energy and Tourism and the National Commission on Markets and Competition, information on the conditions for granting these benefits, as well as information on the costs that are necessary for the appropriate establishment and review of the same. The margins added by intra-group transactions should be transparent, explicit and quantified in the information that is reported.
7. The subjects defined in Article 6 shall be required to communicate information concerning the formation of prices on the organised markets of the Iberian Electricity Market.
8. In contracts concluded by the General Administration of the State or its public bodies for the control, analysis, consultancy or audit of an activity in the electricity sector, a system of incompatibilities for undertakings shall be established. (a) to be awarded as well as to the undertakings of the group to which they belong, during the performance of the abovementioned contract and at most for the three years following their termination, in their direct or indirect contractual relations with companies that perform: a) The same activity related to the object of the awarded contract. b) Other activities in the electricity sector with regulated remuneration in which the information on remuneration to which they would have had access on the occasion of the contract may be relevant. It will also be established that the above mentioned contracting companies will be responsible for the quality of the work carried out during the performance of the contract and for the three years following the conclusion of the contract, without prejudice to the provisions of the recast text of the Law on Public Sector Contracts approved by Royal Decree-Law 3/2011 of 14 November. Notwithstanding the foregoing, the foregoing incompatibilities may be excepted or limited in a reasoned manner. In no case, the contracting companies, as well as the other companies of the same group to which they belong, may intervene in any disputes that are brought against the General Administration of the State, its agencies or public authorities in the service of the other litigants, provided that such disputes relate to the same activity as had been the subject of recruitment. His eventual intervention on the proposal of the legal representation of the General Administration of the State, its agencies or its public authorities is hereby approved. For these purposes, a group of companies shall be deemed to exist when any of the cases provided for in Article 42 of the Trade Code are present.
9. Companies carrying out regulated activities shall not be able to provide guarantees or to support loans from other companies in the group or related parties engaged in liberalised activities or other activities outside the electricity sector.
TITLE IV - Electrical power production
Article 21. Electrical energy production activities.
1. The implementation, modification, temporary closure, transmission and final closure of each electrical energy production plant shall be subject to the approval procedure laid down in Article 53 and in its development regulations.
2. The electrical energy production facilities must be registered in the administrative register of electrical energy production facilities of the Ministry of Industry, Energy and Tourism, where the conditions of the electricity production plant will be reflected. installation and, in particular, their respective power. The Autonomous Communities with competence in this field will be able to create and manage the corresponding territorial records in which all the facilities located in the territorial scope of those must be registered. Reglamentarily, prior to the report of the Autonomous Communities, the organization will be established, as well as the procedure for the registration and communication of data to the administrative registry of energy production facilities. power.
3. The registration in the administrative register of electricity production facilities will be a necessary condition to be able to participate in the market for the production of electric power in any of the modalities of contracting with delivery physical and in order to be able to participate, where appropriate, in the technical and economic dispatch of the systems of the non-peninsular territories. The Autonomous Communities will have access to the information contained in this registry.
4. The holders of the authorisations shall be obliged to maintain the production capacity provided for therein and to provide the Administration with the information required of all the data concerning the conditions under which it is established. grant. Failure to comply with the conditions and requirements set out in the authorizations or substantial variation of the budgets that have determined their grant may result in their revocation. For these purposes, the system operator may issue instructions on the terms that are regulated.
5. They shall form part of the production facility their evacuation infrastructures, which include the connection to the transport or distribution network and, where appropriate, the conversion of electrical energy.
Article 22. Hydraulic harness necessary for the production of electrical energy.
1. When the establishment of electric production units requires authorization or administrative concession in accordance with the provisions of the Royal Legislative Decree 1/2001, of July 20, for which the recast text of the Water Law is approved, shall be as set out in that standard.
2. Where, in the case of water and energy, the State has jurisdiction, the granting of the authorization of production units and the granting of the authorization for the use of the waters to be used may be carried out by means of a procedure. simplified to be established in a regulation and by virtue of which there will be a single file and single resolution, in which the approval of the production units and the granting of the use of the waters to be used shall be collected. The processing shall include the participation of the ministerial departments or, where appropriate, competent basin organizations, in the manner that they regulate, without prejudice to the competences of each department. With regard to the hydroelectric operation, the authorisation shall comply with the provisions of Article 53.
3. In the procedure for granting concessions and authorizations for the use of water for the production of electrical energy or necessary for the operation of non-hydraulic production units urged by private persons, the prior report of the Public Administration responsible for energy matters to be authorised, in accordance with the provisions of this Law, for the production units concerned. The authorizations and concessions for the uses referred to in the preceding paragraph may not be granted when the report issued by the competent Public Administration to authorize the production units is unfavorable.
Article 23. System of offers in the daily market for the production of electrical energy.
1. Electricity producers shall make economic offers for the sale of energy, through the market operator, for each of the production units from which they are holders, either physical or portfolio, where they have not received the following: (a) a bilateral or a time-period procurement system which, by its nature, is excluded from the system of tenders, except in those facilities for which a temporary closure has been authorised in accordance with the implementing rules. Electrical energy production units will be required to make economic offers to the market operator for each programming period, in terms that are regulated, except in the case of assumptions. provided for in Article 25. Reference marketers shall be required to make economic bids for the purchase of electrical energy from the market operator in each programming period for the energy part required for the supply of their electricity. clients not covered by other procurement systems with physical delivery.
2. In addition, the minimum time before the market operator offers, the horizon of the tenders, the programming period and the operating system shall be established.
3. The order of entry into operation of the units of production of electrical energy shall be determined on the basis of which the supply has been the cheapest to match the energy demand in that programming period, without prejudice to the possible technical constraints that might exist in the transport and distribution networks, or in the system.
Article 24. Demand and procurement of the energy produced.
1. The procurement of electrical energy may be carried out freely, in accordance with this law and in its implementing rules.
2. The power purchase bids submitted by the subjects to the market operator, once accepted, shall be constituted by a firm commitment to supply by the system. The subject and the conditions under which the said takeover bids are to be made shall be determined and the cases in which the request is made by the market operator for sufficient guarantees of payment. In addition, the procedures necessary to incorporate the demand into the bidding mechanism may be regulated. Takeover bids made through the market operator shall express the temporary period for which such supply is requested, and the acceptance of the settlement to be made. The contract will be understood to be refined and formalized at the time of the appeal and executed when the power supply has occurred.
3. The market operator shall be careful to establish the necessary mechanisms for the payment of bilateral or forward transactions to be guaranteed.
4. Different arrangements for recruitment will be regulated. In particular, the existence of contracts for the purchase and sale of electricity, contracts of a financial nature which have the underlying power of electricity, as well as bilateral contracts concluded directly between them shall be regulated. consumers and producers, between producers and traders and among the traders with each other. All of these contracts will be excepted from the offer system. The bilateral contracts with physical delivery formalised between the participants in the electricity production market will include at least the purchase price of the energy and the temporary period of the supply. Regulations will determine which elements of these contracts will have to be brought to the attention of the system operator and the National Markets and Competition Commission.
5. Regulation shall be governed by the establishment, organisation and operation of organised markets which aim at the time-limit for the supply of electricity, the management of which shall be the responsibility of the management companies and the subjects of the sector. electrical that may participate in these markets, the conditions in which they may do so, and the information that the Management Societies must communicate to the Market Operator and the System Operator, for the purpose of ensuring the correct operation of the electrical system.
Article 25. Offers system exceptions.
1. The Government may establish the procedures, which are compatible with the free competition market in production, in order to achieve the operation of those units of electrical energy production using energy combustion sources. indigenous primary, up to a limit of 15% of the total amount of primary energy needed to produce electricity demanded by the domestic market, considered in annual periods, taking the necessary measures to avoid the change in the market price.
2. The production of electrical energy in the systems of non-peninsular territories may be excluded from the system of tenders, as long as these systems are not effectively integrated with the peninsular system. The electrical systems of the non-peninsular territories will be considered to be effectively integrated with the peninsular system when the capacity of connection with the peninsula is such that it allows its incorporation into the market The European Community is a member of the European Community and its Member States. Such integration shall be deemed to have been carried out on the order of the Minister for Industry, Energy and Tourism.
3. Intra-Community or international trade which, in accordance with Article 11 (4), may be carried out by the operator of the system, as well as operations for the sale of energy, shall be excluded from the system of tenders. other systems to be determined regulatively.
4. In accordance with the provisions of Article 24 (4) and (5), the rules governing contractual arrangements may be laid down which, by virtue of their characteristics, must be excluded from the system of tenders.
5. Those units of production which, in accordance with the provisions of this Article, are not obliged to make offers, may receive remuneration for the sale of energy equivalent to the marginal price for each programming period without prejudice to the specialities of the remuneration scheme applicable to them in accordance with the provisions of this Law, without prejudice to the provisions of Article 14. However, all the production units referred to in this Article must communicate to the market operator, on the terms which they regulate, the production envisaged for each period of production. programming.
6. In the cases referred to in Article 7 (2), the Government may take measures which may involve, directly or indirectly, an alteration of the system of tenders.
Article 26. Rights and obligations of electricity producers.
1. They shall be the rights of electricity producers: a) The use in their production units of those primary energy sources which they consider to be more appropriate in respect of performance, the technical characteristics and the conditions of protection (a) the environment contained in the authorization of such an installation, without prejudice to the limitations of the fuel change and the conditions of employment which may be regulated for those production plants with regulated pay. b) Contreat the sale or purchase of electrical energy in the terms provided for in the law and in its development provisions. c) Issue your power through the system operator on the terms that are regulated. d) Having access to the transport and distribution networks, in terms that are established in regulation. e) to receive the remuneration that corresponds to them in accordance with the terms provided for in this law. f) Receive the compensation to which they may be entitled for the costs incurred in cases of alterations in the operation of the system, in the cases provided for in Article 7.2.
2. Electrical energy from installations using renewable energy sources and, after that, that of high-efficiency cogeneration plants, shall have priority for the release of economic conditions on the market, without prejudice to the requirements relating to the maintenance of the reliability and the security of the system, in the terms that are regulated by the Government. Without prejudice to the security of supply and the efficient development of the system, electricity producers from renewable energy sources and high efficiency co-generation will have access priority and for the connection to the network, in the terms that are regulated, on the basis of objective, transparent and non-discriminatory criteria.
3. The obligations of power generators shall be: a) The development of all those activities necessary to produce electrical energy in the terms provided for in their authorization and, in particular, with regard to the safety, availability and maintenance of the power installed and complying with the applicable environmental conditions, without prejudice to the facilities for which a temporary closure would have been authorised. b) Adopt and apply the safety standards, technical regulations and approval or certification of the facilities and instruments to be established by the competent authority. c) Facilitate the Public Administration and the National Commission of Markets and Competition with information on production, consumption, energy sales and other aspects to be regulated. d) The submission of tenders for the sale of electrical energy to the market operator, as provided for in Article 23, except for exceptions to Article 25. e) Connecting and evacuating their energy through the transmission or distribution network according to the conditions that the system operator may establish, if any, the distribution system operator, for security reasons and those other that are regulated to be established. f) Being equipped with measuring equipment to determine, for each programming period, the energy produced in the terms laid down in regulation. g) Adopt the operating conditions of the system of tenders, in particular with regard to the procedure for the settlement and payment of energy. h) Apply the measures that, in accordance with Article 7 of this Law, are adopted by the Government. i) Contry and pay the appropriate toll, either directly or through your representative, to the distributor or carrier to whom you are connected by pouring the energy into your networks. j) Any other obligation that may arise from the application of this law and its implementing rules. Article 27. Registration of a specific remuneration scheme.
1. For the granting and adequate monitoring of the specific remuneration granted to production facilities from renewable energy sources, cogeneration and waste, it will be carried out, in the Ministry of Industry, Energy and Tourism, the a specific remuneration scheme, which shall include the remuneration parameters applicable to such facilities.
2. In order to be entitled to the collection of specific remuneration schemes, the electricity production facilities or renewals of the existing ones must be registered in the register of specific remuneration. Those installations which are not registered in that register shall be exclusively charged with the price of the market. TITLE V - Economic and technical management of the electrical system
Article 28. Economic and technical management. To ensure the proper functioning of the electrical system within the framework established by this law, it is for the market operator and the system operator to assume the necessary functions to perform the economic management concerning the efficient development of the electricity production market and the guarantee of the technical management of the electricity system, all in accordance with the provisions of this Title.
Article 29. Market operator.
1. The market operator shall assume the management of the system of offers for the purchase and sale of electrical energy in the daily electricity market on the terms that are regulated. The market operator shall perform its duties in compliance with the principles of transparency, objectivity and independence. Act as an operator of the market a trading company whose shareholders may be a party to any natural or legal person, provided that the sum of its direct or indirect participation in the capital of this company does not exceed 5 percent. Also, the sum of direct or indirect holdings of the persons engaged in the electricity sector must not exceed 40%, and these actions cannot be indicated to any effect. In the event that any natural or legal person reveals to the merchant company that it acts as an operator of the market its willingness to participate in the capital of that company, the request will be raised to the General Meeting of Shareholders together with the applicant's certification to perform or not activities in the electrical sector. The General Board shall accept the application submitted by a maximum number of shares equivalent to the average of the shares existing in the tranche to be matched by the petitioner, becoming effective through of any or some of the following procedures: a) The willingness to sell by the company or by any of its shareholders of the corresponding actions expressed in the General Meeting. b) The capital increase of the company by issuing new shares provided that the 40 percent limit that can be subscribed by individuals performing activities in the electricity sector is respected. When the applicants for participation in the market operator's capital carry out activities in the electricity sector, in order to respect the percentage mentioned above, a capital increase may be agreed upon necessary, provided that the willingness to subscribe to such shares by any of the shareholders who do not engage in electrical activities is manifest in the General Meeting. In any case, the right of preferential subscription of the shareholders on the shares that are issued to meet the new requests for participation is excluded.
2. The following shall be the functions of the market operator: a) Receive the sales offers issued for each programming period by the different subjects participating in the daily electricity market, for each of the programming periods. b) Receive the energy acquisition offers. c) To receive from the subjects participating in the electricity markets the necessary information, so that their contracted energy is taken into consideration for the appeal and for the practice of the liquidations that are competition from the market operator. d) to receive the guarantees which, if any, come from. The management of these guarantees may be carried out directly or through authorized third parties. e) Make the appeal of the offers of sale and acquisition on the basis of the cheapest offer to match the demand in each programming period. f) Communicating the holders of the production units, as well as the traders, direct consumers and the operators of the electricity system in the area of the Iberian Electricity Market and, where appropriate, the market the results of the appeal of the tenders. g) Determine the different energy prices resulting from the casings in the daily electricity market for each programming period and the communication to all the agents involved. h) Liquidate and report payments and charges to be made by virtue of the energy prices resulting from the casings and those other costs that are determined to be determined. i) Communicate to the system operator the offers of sale and purchase of electric power, made by the different subjects participating in the electricity markets of their competition, for each of the periods programming. j) Report publicly on market developments with the periodicity to be determined. k) To issue to the Ministry of Industry, Energy and Tourism and to the National Commission of the Markets and the Competition any information required by them for the exercise of their functions. l) Perform any other functions that you regulate are assigned to you. m) Making information to be determined from third parties. n) Communicate to the competent authority any behaviour of market players which may result in a change in the proper functioning of the market.
3. For this purpose, the market operator shall have direct access to the Administrative Registry of Electrical Power Production Facilities referred to in Article 21.3, to the Administrative Registry of Self-Consumption referred to in Article 9.3, as well as to the Administrative Registry of Distributors referred to in Article 39.4, as well as to the Registers which for those same purposes can be created in the Autonomous Communities and Cities of Ceuta and Melilla, and will coordinate their actions with the system operator.
4. Action taken by the market operator in the performance of his duties may be brought into conflict with the National Markets and Competition Commission, who shall issue a decision within three months of the end of the year. the receipt of the relevant application. Requests for resolution of these disputes shall be submitted to the said body within the maximum period of one month from the knowledge by the applicant of the fact that motivates his application for a conflict resolution.
Article 30. System operator.
1. The main function of the system operator shall be to ensure the continuity and security of the electricity supply and the correct coordination of the production and transport system. He will perform his duties in coordination with the operators and subjects of the Iberian Electric Power Market under the principles of transparency, objectivity, independence and economic efficiency. The system operator will be the transport network manager. The operator of the system referred to in the preceding paragraph shall take the form of a commercial company and its corporate status shall be subject to the following conditions: a) No natural or legal person shall be entitled:
1. To exercise control, directly or indirectly, on a company carrying out any of the functions of generation or marketing, and simultaneously exercise control, in a direct or indirect manner or to exercise any right in the system operator, or
2. to exercise control, directly or indirectly, on the operator of the electrical system or on the transmission system operator of electricity or natural gas and simultaneously exercise control, directly or indirectly, or exercise no right in a company that performs any of the generation or marketing functions. b) No natural or legal person shall have the right to appoint the members of the system operator or system operator of the electricity or natural gas transmission system if, directly or indirectly, it exercises control or exercise rights in a company that performs any of the generation or marketing activities. c) No natural or legal person shall have the right to be a member of the administrative body, at the same time as a company performing any of the generation or marketing activities and in the system operator. d) The rights referred to in paragraphs (a) and (b) above shall include, in particular:
1. The ability to exercise voting rights in relation to the governing bodies or government of companies;
2. the faculty to appoint members of the administrative organ or bodies legally representing the company, or
3. the possession of majority shareholding in accordance with Article 42.1 of the Trade Code. For the purposes of paragraph 1 (a), they shall also be included within the concept of an undertaking which carries out any of the functions of generation or marketing to those performing the production activities. and marketing in the natural gas sector.
2. The following system operator functions are: a) Previewing and monitoring the level of guarantee of supply of electricity to the system in the short and medium term, both in the peninsular system and in non-peninsular systems. For this purpose, it shall provide for a forecast of the maximum capacity, the temporary closure of which may be authorised and, where appropriate, shall inform the need for the incorporation of power with temporary closure authorisation for reasons of supply. b) Previewing the demand for electrical energy in the short and medium term, the use of production equipment, in particular, the use of hydroelectric reserves, according to the forecast of demand, the availability of electrical equipment, and the different levels of rainfall and wind power that could be presented within the forecast period, both in the peninsular system and in non-peninsular systems. c) Receive the necessary information on the maintenance plans of the production units, breakdowns or other circumstances that may lead to the exception of the obligation to submit tenders, according to provided for in Article 25 of this Law, in order to confirm them with the procedure to be established, which shall inform the market operator. d) Coordinate and modify, where appropriate, the maintenance plans of the transport facilities, so as to ensure their compatibility with the maintenance plans of the generation groups and ensure a state of adequate network availability to ensure system security. e) Establish and control the reliability measures of the production and transportation system, affecting any element of the electrical system that is necessary, as well as the plans of maneuvers for the replacement of the service in Case of general failures in the supply of electrical energy and coordinate and control of its execution. f) Imparting the operating instructions of the transport network, for real time maneuvering. g) To implement, in the field of its functions, those decisions which are adopted by the Government in implementation of the provisions of Article 7 (2 h) Determine the capacity to use international interconnections, manage electricity exchanges and the transit of electricity with external systems that are carried out using system networks Spanish electricity, and to establish the electricity exchange programmes with the external electrical systems, as provided for in Article 11.4. i) to receive from the market operator and the subjects involved in bilateral procurement systems with physical delivery the necessary information, in order to be able to determine the programming of entry into the network and for the practice of the liquidations that are the competence of the system operator. j) Receipt guarantees which, if appropriate, proceed. The management of these guarantees may be carried out directly or through authorized third parties. k) Schedule the operation of the electrical energy production facilities in accordance with the result of the appeal of the tenders notified by the market operator, with the information received from the subjects which participate in bilateral procurement systems with physical delivery, taking into account the exceptions to the offer regime that may be derived from the application of the provisions of Article 25 by managing the markets for adjustment services of the system which are necessary to ensure the reliability and safety criteria set. The system operator shall make public the results of the processes of operation that are of its competence with due respect to the confidentiality criteria laid down in law or regulation. l) Imparting the necessary instructions for the proper operation of the electrical system according to the reliability and security criteria to be established, and to manage the markets for system adjustment services that are necessary for this purpose. m) Liquidate and communicate payments and charges related to the security of supply including among them the system adjustment services and the availability of production units in each programming period. n) Liquidate payments and charges related to the effective diversion of production and consumption units in each programming period. n) To collaborate with all operators and subjects of the Iberian Electricity Market and, where appropriate, the European market, which are necessary for the exercise of their functions. o) Develop those other activities related to the above that are convenient for service delivery. p) Collaborate with the Ministry of Industry, Energy and Tourism and the Autonomous Communities and Cities of Ceuta and Melilla in the evaluation and monitoring of the annual and multi-annual investment plans presented by the Minister of the electrical energy transport facilities referred to in Article 34 (4). q) Ensure by proposals in the planning that the transport network can meet in the medium and long term the demand for electricity transport at the lowest cost for the system, as well as the reliability of the system. r) Provide all network managers with sufficient information to ensure the safe and efficient operation, coordinated development and interoperability of the interconnected network. s) Ensure non-discrimination between users or categories of network users. t) Provide users with the information they need to access networks efficiently. u) Manage technical and economic dispatches for the supply of electrical energy in the isolated electrical systems of non-peninsular territories, the settlement and communication of payments and charges related to such dispatches, as well as the receipt of the guarantees provided by them. The collection, payment and guarantee scheme shall be similar to that of the peninsular production market. v) To issue to the Ministry of Industry, Energy and Tourism, the National Commission of the Markets and the Competition and the Autonomous Communities and Cities of Ceuta and Melilla any information that is required by them for the exercise of their functions in the form and deadlines to be determined. w) Apply the charges and access tolls which, according to the regulations, correspond to you. You will also need to inform the Ministry of Industry, Energy and Tourism about information on charges and access tolls. x) The responsibility of the system of measures of the national electricity system, having to ensure its proper functioning and correct management and exercising the functions of charge of reading of the border points that regulate are set. y) To collect and manage the information on the quality of service in the transport network, informing the Administrations and Organisms as determined by regulation. z) Make available information to third parties. aa) Communicate to the competent authority any behaviour of the agents which may result in an alteration of the processes and markets of operation managed by the system operator. ab) To bring to the attention of the competent public authorities and of the subjects that could be affected if any, the situations of fraud and other anomalous situations. ac) Perform any other functions that you regulate are assigned to you.
3. Proceedings of the system operator may be brought before the body responsible for the decision of the system, who shall issue a decision within three months of the receipt of the request. Requests for resolution of these disputes shall be submitted to the said body within the maximum period of one month from the knowledge by the applicant of the fact that motivates his application for a conflict resolution.
Article 31. Designation and certification of the transmission system operator.
1. A commercial company acting as an operator of the system shall be authorised and designated as the transmission system operator by the Minister for Industry, Energy and Tourism at the request of the interested party. Prior to this designation, it shall be certified by the National Commission of the Markets and the Competition in relation to the fulfilment of the requirements laid down in Article 30.1, in accordance with the procedure laid down in this Article. Article. The National Markets and Competition Commission shall monitor that the company designated as the transmission system operator remains in compliance with the requirements set out in Article 30.1 using the established certification procedure. Such certifications to be carried out in relation to the maintenance of the requirements may result in a new designation and authorisation of the transmission system operator. The design of the transmission system operator shall be notified to the European Commission for the purposes of its publication in the Official Journal of the European Union.
2. The National Markets and Competition Commission shall initiate a certification procedure following the request or notification of the undertaking concerned, following a reasoned request from the Ministry of Industry, Energy and Tourism or the Commission European, or on its own initiative in cases where it has knowledge of possible transactions which may give rise to or have resulted in the non-compliance with the requirements laid down in relation to the separation of activities. For these purposes, the company certified as a transmission system operator must inform the National Commission of the Markets and the Competition of any circumstances that may affect compliance with the requirements. set out in Article 30.1.
3. The National Markets and Competition Commission shall, after hearing and on a reasoned basis, adopt a provisional decision on the certification within the maximum period of four months from the date of submission of the application or notification. On the expiry of that period, the provisional certification shall be deemed to have been granted.
4. In all cases, the National Markets and Competition Commission shall communicate to the European Commission its provisional decision on the certification of the undertaking concerned accompanied by the relevant documentation relating to the The Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament and the Committee of the European It shall also send a copy of the file to the Ministry of Industry, Energy and Tourism. If the European Commission does not deliver an opinion within the time limit set for the purpose of the Community legislation, it shall be deemed not to object to the provisional resolution of the National Markets and Competition Commission.
5. Within two months of receipt of the opinion delivered by the European Commission, or the time limits laid down for the effect in Community legislation, the National Commission on Markets and Competition shall decide on a final decision. on certification, in compliance with the decision of the European Commission. This resolution, together with the opinion of the European Commission, should be published in the Official Journal of the State and in the Official Journal of the European Union. Certification shall not be effective until publication.
6. The National Commission for Markets and Competition and the European Commission will be able to ask the transmission system operators and companies to carry out any of the generation or marketing activities any useful information for the compliance with the functions set out in this Article. Without prejudice to the foregoing, they shall maintain the confidentiality of sensitive information for commercial purposes.
Article 32. Certification in relation to countries outside the European Union.
1. The National Markets and Competition Commission shall notify the European Commission of any circumstances which result in the transmission system operator being under the control of one or more persons from one or more third countries. For this purpose, the transmission system operator shall notify the National Markets and Competition Commission of any circumstances that may result in the occurrence of this event.
2. The National Markets and Competition Commission shall initiate the certification process in accordance with the procedure and time limits provided for in Article 31. Will deny certification if it has not been demonstrated: a) That the entity in question meets the requirements of Article 30, and b) that the granting of certification shall not endanger the security of national supply and security of the European Union, taking into account the rights and obligations of Spain and the European Union in respect of that third country; and other data and specific circumstances of the case and of the third country concerned. In the notification of the motion for a resolution to the European Commission, the National Markets and Competition Commission will request a specific opinion on whether the entity in question meets the separation requirements of the European Commission. activities, and whether the granting of the certification would not jeopardise the security of supply in the European Union.
3. Once the European Commission has given its opinion, in accordance with the procedure and time limits laid down in the Community standard of application, the National Commission on Markets and Competition will decide on certification, taking into account the opinion of the Commission. When the final decision differs from the opinion of the European Commission, the reasons for the decision shall be made public.
Article 33. Access and connection.
1. For the purposes of this law: a) Right of access: right of use of the network under certain legal or regulatory conditions. b) Right of connection to a network point: the right of a subject to be electrically coupled to a particular point in the existing or planned or existing transport network or included in the investment plans approved by the General Administration of the State under certain conditions. c) Access permission: The one that is granted for the use of the network to which the installation connects. d) A connection permit to a point in the network: the one that is granted in order to connect an electrical power or consumption production facility to a particular point in the transport network or in its case of distribution.
2. The granting of an access permit shall be based on compliance with the technical criteria of safety, regularity, quality of supply and sustainability and economic efficiency of the electrical system established by the Government. The application of these criteria will determine whether or not access is available. In the assessment of the access capacity, all the knots with influence on the node where the installation is connected, taking into account the production facilities of the plant, must be considered in addition to the same node to which the installation is connected. existing power and consumption and those already engaged in such knots. The access permission will be granted by the transport network manager when the connection point to the network is in the transport network or by the distribution network manager when the connection point to the network is in the network distribution. This permit shall detail the specific conditions of use of the network in accordance with the content of the regulation referred to above. In any case, the access permit may only be denied by the lack of access capacity. This refusal shall be substantiated and shall be based on the criteria set out in the first subparagraph of this paragraph. The right of access may be temporarily restricted. This restriction shall be motivated and shall be based on the criteria of the regulation referred to in the first subparagraph of this paragraph, without prejudice to Article 7.
3. The National Markets and Competition Commission shall, at the request of any of the parties concerned, resolve any disputes which may arise in connection with the permit for access to the transport and distribution networks, as well as with the refusals of the same issued by the transmission system operator and the distribution network manager. The time limit for the resolution and notification of this procedure shall be two months, which may be extended to an additional two months if additional information is required for the application, or if the applicant states so. Requests for resolution of these disputes shall be submitted to the National Markets and Competition Commission within the maximum period of one month from the applicant's knowledge of the fact that he is motivating his application for a conflict resolution.
4. The permit for connection to a particular point of the network shall define the technical, economic, security and commissioning conditions of the installations which need to be constructed, extended and reformed in the transport and distribution network to be carried out. the connection. The criteria for determining these conditions shall be established by the Government. The connection permission will be granted by the carrier or distributor company of the network in which the point for which the connection permission is requested is found. For the grant of a connection permit at a point the network holder must have the appropriate physical space to locate the necessary facilities. In any case, the connection permission can only be denied by technical impossibility, due to security issues of the people, because of the network installation where the connection point is requested and not to be contemplated. installation in the current planning of the transport network or in the investment plans of the distribution companies approved by the General Administration of the State, or for lack of adequate physical space to locate the necessary facilities. This refusal shall be substantiated and shall be based on the criteria laid down in the regulatory rules referred to in the first subparagraph of this paragraph 4.
5. Any discrepancies arising in connection with the granting or refusal of the permit to connect to the transport or distribution facilities of the General Administration of the State shall be resolved by the National Commission of the Markets and Competition. Discrepancies arising in connection with the granting or refusal of connection to networks whose authorization is of regional competence shall be resolved by the competent authority of the Autonomous Community on the report of the National Commission on Markets and Competition. This report shall be binding in respect of the economic conditions and the temporary conditions relating to the time-limits for the implementation of the facilities of the network operators collected in the planning of the network. transport and investment plans of the distribution companies approved by the General Administration of the State. Discrepancies will be resolved individually for each individual case, in accordance with the criteria set out in paragraph 4. Requests for resolution of these disputes shall be submitted to the relevant competent body within the maximum period of one month from the applicant's knowledge of the fact that motivates his application. of conflict resolution.
6. In no case may other mechanisms other than those provided for in paragraphs 2 and 4 of this article be established for the granting of access and connection permits or for prioritization in the granting of same. In addition, the Public Administrations may not refuse or restrict the granting of access and connection permits to the transmission and distribution networks, except as provided for in paragraphs 2 and 4 of this Regulation. Article.
7. The objective criteria for the inclusion of limits to the connection capacity of knots in order to ensure security of supply shall be laid down by royal decree of the Council of Ministers.
8. Access and connection permits shall expire at the end of the five-year period from the date of their obtaining for installations which have not obtained the entry into service in that period. In the same way, those permits shall expire for installations which have already been built and in service, cease to be discharged from power to the network for a period exceeding three years for reasons attributable to the operator other than the temporary closure.
9. The transmission and distribution system operators shall make public the access capacities for each node in their network on the terms that are regulated.
10. The Government shall, within a maximum of one year, lay down rules governing the criteria under which a subject may ask the operators and operators of the networks to modify the conditions of the access and access permits, including their points of connection. In addition, the technical criteria for safety, regularity, quality of supply and sustainability and economic efficiency of the electrical system shall be laid down in that standard, which shall be used by the operators and operators of the networks for the granting of such modifications.
TITLE VI - Electric power transport
Article 34. Electrical energy transport network.
1. The electrical energy transport network consists of the primary transport network and the secondary transport network. The primary transport network consists of lines, parks, transformers and other electrical elements with nominal voltages equal to or greater than 380 kV and those other international interconnection facilities and, where appropriate, the interconnections with the electrical systems of the non-peninsular territories. The secondary transport network consists of the lines, parks, transformers and other electrical elements with nominal voltages equal to or greater than 220 kV not included in the preceding paragraph and by those other Rated voltage installations of less than 220 kV, which fulfil transport functions. In the electrical systems of the non-peninsular territories, all those installations with a voltage equal to or greater than 66 kV as well as interconnections between islands which, for their part, shall be considered as secondary transport networks. voltage level are not considered as primary transport. In addition, all communications assets, protections, controls, ancillary services, land, buildings and other ancillary, electrical or non-electrical elements shall be considered as constituting elements of the transport network. necessary for the proper functioning of the specific facilities of the transport network defined above. In no case shall the processors of generation groups, the connecting elements of such groups to the transport networks, the consumer facilities for their exclusive use, or the transport network be part of the transport network. direct lines.
2. In any case, Red Electrica de Espana, S.A., will act as a single carrier developing the activity under exclusivity in the terms established in this law. However, for the best management of the distribution network, the Ministry of Industry, Energy and Tourism is enabled to expressly and individually authorize, after consulting the National Commission of the Markets and the Competition and the Autonomous Community in which the installation, which certain secondary transport facilities, by their characteristics and functions, are owned by the distributor of the area to be determined. In such cases, distributors must assume the obligations of the single carrier relating to the construction, manoeuvring and maintenance of such transport facilities. To this end, the Government shall establish the exclusively technical criteria to govern such exceptions.
3. A number of technical standards shall be laid down to ensure the reliability of the supply of electrical energy and of the installations of the transport network and those connected to it. These rules shall be met with general acceptance criteria and shall be objective and non-discriminatory.
4. Before 1 May of each year, the operator of the electricity transmission network must submit its annual and multiannual investment plans for approval by the Ministry of Industry, Energy and Tourism. The procedure for the approval of such plans shall be established by the Government and shall include the prior hearing of the Autonomous Communities and Cities of Ceuta and Melilla concerned. The carrier undertaking shall, in the terms to be established, execute the content of the investment plans which are approved by the General Administration of the State. The annual investment plan shall include at least the project data, its main technical characteristics, the budget and the timetable for implementation, in accordance with the identification of the facilities collected. in the transport network schedule.
5. Without prejudice to the requirements laid down in the general legislation of telecommunications, transport networks may be used for the provision of electronic communications services, provided that the principle of legal separation is respected. of activities, ensuring in any case the safety of the electrical energy transport system.
Article 35. Authorisation of electrical energy transport installations.
1. The implementation, modification, transmission and final closure of the electrical energy transport facilities shall be subject, prior to the procedure laid down in Article 53, to the system of authorizations laid down in Article 53. development.
2. In the case of transport installations whose authorization is to be granted by the Autonomous Communities or by the cities of Ceuta and Melilla, they shall request a report prior to the General Administration of the State, in which the latter shall enter the possible conditions of the projected installation to the plans of development of the net, to the technical management of the system and to the economic regime regulated in this law, that the Authorizing Administration will have to take into account in the granting of the authorization. If a period of three months has elapsed, the General Administration of the State has not issued a report, it shall be understood to have been formulated in an unfavourable manner. For the recognition of the remuneration of new transport facilities, it is essential that they have been included in the planning referred to in Article 4 of this Law and that, if necessary, they have the favourable report referred to in this paragraph.
Article 36. Rights and obligations of the carrier.
1. The carrier shall be responsible for the development and extension of the transport network defined in this Article, in such a way as to ensure the maintenance and improvement of a network configured under consistent and consistent criteria.
2. The carrier shall take the form of a commercial company and its corporate arrangements shall comply with the conditions laid down in Article 30 (1) for the system operator.
3. The following carrier functions are: a) Run the transport facility maintenance plans. b) Run the instructions of the system operator for service replacement in case of general failures in the power supply. c) Meet at all times the instructions of the system operator for the operation of the transport network, including international interconnections, for its real-time maneuver. d) to implement, in the field of their functions, those decisions which are adopted by the competent public administration in accordance with Article 7 (2). e) Collaborate with the Ministry of Industry, Energy and Tourism in the assessment and monitoring of the annual and multi-annual investment plans referred to in Article 34 (4). f) Ensure the development and expansion of the transport network by executing the approved transport network planning, in such a way as to ensure the maintenance and improvement of a network configured under homogeneous criteria consistent and minimal cost. g) Ensure non-discrimination between users or categories of users of the transport network, providing users with the information they need to efficiently connect to the network. h) Carry the system operator with all that information necessary for the performance of its functions. i) Grant the connection permission to the transport network. j) Carry out their activities in the form authorised and in accordance with the applicable provisions, providing the transport service on a regular basis and continuing with the quality standards to be determined by the Government and maintaining facilities in the right conditions of conservation and technical suitability. k) Facilitate the use of their facilities for the transit of energy, and the use of their transport networks by all authorised subjects, on non-discriminatory terms, in accordance with the technical standards of transport. l) To manage and maintain the premises of your property in accordance with the instructions and guidelines referred to in paragraph (l) of Article 30.2. m) Carry out the information required by the General Administration of the State for the establishment of the remuneration, as well as any information requested in time and form necessary to enable adequate supervision and control of their activity by the regulatory authorities. n) Perform any other functions that you regulate are assigned to you.
4. The carrier shall at all times comply with the instructions given by the system operator in the field of its functions.
5. The carrier will have the following rights: a) The recognition by the Administration of adequate remuneration for the exercise of its activity within the electrical system in the terms set out in Title III of this Act. b) Require that installations connected to the transport networks meet the technical conditions to be determined by the State rules.
Article 37. Access to the transport networks.
1. The transport facilities may be used by the authorised subjects in accordance with the provisions of Article 6. The price for the use of the transport networks shall be determined in accordance with the provisions of Article 16.
2. The system operator as a transmission system operator shall grant the permit for access to the transport network in accordance with the criteria set out in Article 33.
TITLE VII - Power Distribution
Article 38. Distribution regulation.
1. The electrical energy distribution activity is the one that is intended to transmit electrical energy from the transport networks, or, if necessary, from other distribution networks or from the generation connected to the network of the distribution, up to points of consumption or other distribution networks in the appropriate quality conditions with the ultimate aim of supplying it to consumers. Distributors will be the managers of the distribution networks that operate. In those Autonomous Communities where there is more than one distribution system operator, the Autonomous Community, in the field of its competences, may perform functions of coordination of the activity carried out by the different managers.
2. All lines, parks and processing elements and other electrical elements of a voltage of less than 220 kV shall be taken into account, except for those which, in accordance with the provisions of Article 34, are considered to be integrated into the transport network. In addition, all assets of the network of communications, protections, control, ancillary services, land, buildings and other ancillary elements shall be considered as constituting elements of the distribution network. electrical or non-electrical, necessary for the proper functioning of the distribution networks, including control centres on all parts and elements affecting the distribution facilities. Non-distribution networks will not be part of the generation-group transformers, the connection elements of these groups to the distribution networks, the consumer facilities for their exclusive use, or the lines of the distribution networks. direct.
3. The distribution of electrical energy shall be governed by the provisions of this law and shall be the subject of management in the light of the necessary coordination of its operation and the uniform rules required.
4. The purpose of the distribution system shall be to establish and implement common principles which ensure their proper relationship with the other electrical activities, to determine the conditions for the transit of electricity by such networks, establishing sufficient equality between those engaged in the activity throughout the territory and the establishment of common conditions for all users of energy. This management will consist of the establishment of the basic regulations, general criteria in the design of the networks, in the forecast of the operation and coordinated development of the distribution networks in the Spanish territory and in the conditions of transit of the electrical energy by the same.
5. The criteria for the regulation of the distribution of electrical energy shall be established on the basis of electrical areas with common characteristics and linked to the configuration of the transport network and the transport network with the production units. In order to ensure that these criteria are homogeneous throughout the Spanish territory and there is adequate coordination in the development of the distribution activities, these will be set by the Ministry of Industry, Energy and Tourism. of the Autonomous Communities concerned or Cities of Ceuta and Melilla.
6. Distributors of electrical energy shall be registered in the Administrative Registry of Distributors referred to in Article 39.4.
7. Without prejudice to the requirements laid down in the general telecommunications legislation, distributors may use their networks to provide electronic communications services, while ensuring the security of the electronic communications system. distribution of electrical energy. In this case, they shall also bear separate accounts in their accounts that differentiate revenue and costs strictly attributable to these services.
8. The Government, after hearing from the Autonomous Communities and Cities of Ceuta and Melilla, will regulate the conditions and procedures for the establishment of electrical connections and the coupling of new users to the networks of distribution.
9. Administrative complaints may be lodged with the distribution system operator to the body responsible for the decision of the distribution system, who shall issue a decision within three months of the date of receipt of the request. the claim. Requests for resolution of these disputes shall be submitted to the said body within the maximum period of one month from the knowledge by the applicant of the fact that motivates his application for a conflict resolution.
Article 39. Authorization of distribution facilities.
1. The operation, modification, transmission and final closure of the electrical power distribution facilities shall be subject to the authorization procedure laid down in Article 53 and in its provisions, as a preliminary rule.
2. The authorisation, which will not grant exclusive rights of use, will be granted on the basis of both the nature of the single network system and the natural monopoly, which is itself of the electricity distribution, and the lowest possible cost criterion for the whole of the the system, which is itself of any activity with regulated remuneration, and avoiding the injury to the holders of already established networks who are obliged to supply the new supplies that are requested.
3. All facilities for more than one consumer will have the consideration of a distribution network and must be transferred to the distribution company in the area, which will be responsible for the security and quality of the supply. Such infrastructure shall be open to the use of third parties. Where there are several distributors in the area to which the facilities constructed by a promoter may be transferred, the competent public authority on the authorisation of such networks shall determine which of the distributors ' distributors must be transferred, prior to their execution, in accordance with minimum cost criteria for the system as a whole and those which the General Administration of the State may regulate. Such infrastructure shall be open to the use of third parties. When in a new area to be electrified there are several distributors who wish to carry out the development of the same, the competent Public Administration under the single network criterion and those that establish the regulations General administration of the State, and considering the nature of the natural monopoly of the activity and with the objective of generating the lowest cost of remuneration for the whole system will determine with character prior to the execution of the facilities, which of the distribution companies must be developed.
4. The administrative register of distributors under the Ministry of Industry, Energy and Tourism shall contain duly authorised distributors. The Autonomous Communities with competence in this field will be able to create and manage the corresponding territorial records in which all the facilities located in the territorial scope of those must be registered.
Article 40. Obligations and rights of distribution companies.
1. Distributors, as holders of distribution networks, will have the following obligations: a) Carry out their activities in the form authorised and in accordance with the applicable provisions, providing the distribution service on a regular and continuous basis, and with the levels of quality to be determined by the Government, after hearing from the Autonomous Communities and the cities of Ceuta and Melilla, maintaining electricity distribution networks in the right conditions of conservation and technical suitability. b) To be responsible for the construction, operation, maintenance and, if necessary, the development of its distribution network, as well as, where appropriate, its interconnections with other networks, and to ensure that its network has capacity to assume, in the long term, a reasonable demand for electricity distribution according to the criteria established by the General Administration of the State, after hearing the Autonomous Communities and Cities of Ceuta and Melilla. c) Analyze requests for connection to the distribution networks that they manage and deny or, where appropriate, condition, the connection to the networks according to the criteria to be established on a regulated basis. Autonomous Communities and Cities of Ceuta and Melilla. For these purposes, all applications under equal conditions must be met. d) Carry out the information required by the General Administration of the State for the establishment of the remuneration, as well as any information requested in time and form necessary to enable adequate supervision and control of their activity by the regulatory authorities. e) Proceed for the extension of distribution facilities where this is necessary to meet new demands for electricity supply on the terms that are laid down in regulation, without prejudice to the resulting application of the system which is regulated for the electrical connection and the obligations corresponding to the promoter in accordance with Article 16.1.c) of the recast of the Law of Soil, approved by Royal Legislative Decree 2/2008, dated June 20. f) Communicate to the Ministry of Industry, Energy and Tourism the installation authorizations granted to them by other Administrations, as well as the relevant modifications of their activity, for the purpose of the recognition of their costs in the determination of the fee and the fixing of its remuneration scheme. g) Set and execute the maintenance plans for your distribution network installations. h) To present, before 1 May of each year, their annual and multi-annual investment plans to the Ministry of Industry, Energy and Tourism and to the respective Autonomous Communities or Cities of Ceuta and Melilla. The annual investment plans shall include at least the project data, the main technical characteristics, the budget and the timetable for implementation. The distribution company must also, in the terms that are established, execute the content of the investment plans that are ultimately approved by the General Administration of the State. The procedure for the approval of such plans, together with the maximum amounts of investment volume entitled to remuneration by the system, shall be determined by the Government, after hearing the Autonomous Communities and Cities of Ceuta and Melilla. This procedure should provide for the possibility of partial approval of investment plans in those autonomous communities and cities for which the investment plans are provided in the favourable report set out the following paragraph. In any case, for the approval of the plans submitted by the distribution companies, these must be accompanied by a favorable report of the Autonomous Communities and Cities of Ceuta and Melilla with respect to the facilities provided for in their territory, the authorisation of which is their competence. The nature of the annual obligation to submit investment plans for approval by the General Administration of the State may be amended to establish a period of more than one year for the companies with fewer than 100,000 customers connected to their networks. i) Perform those other functions arising from this law and its development regulations.
2. Distributors as the distribution network managers in which they operate, will have the following functions in the field of networks that they manage: a) Coordinate with the managers of the distribution networks the actions of maneuver and maintenance that are carried out in the field of the networks that they manage. b) Perform the provisions of the system operator and transmission system operator in the exercise plans for the replacement of service, in the event of general failures in the supply of electrical energy, controlling its execution and can affect any element of the distribution networks that they manage. c) Analyze requests for access to the distribution networks that they manage and grant, deny or, where appropriate, condition access to them according to the criteria to be established. For these purposes, all applications under equal conditions must be met. d) To bring to the attention of the competent authorities, and of the subjects concerned, any manipulation or alteration of the state of the measuring equipment. e) Communicate to the Ministry of Industry, Energy and Tourism and the competent Public Administration the information to be determined on access tolls, charges and prices, as well as any information related to the activity they develop within the electrical sector. f) Proceed to the measurement and reading of the energy that circulates through its border points in the way that it is regulated. g) Facilitate consumption data to the subjects in terms that they regulate are established. h) Apply and collect from the subjects the prices and charges according to what is regulated. i) Contreat tolls for access to transport and distribution networks with consumers, directly or through the marketer and, where appropriate, producers connected to their networks. j) Apply, invoice and charge tolls for access to transport and distribution networks to marketers or consumers, as appropriate and, where appropriate, producers connected to their networks by performing the breakdown in the billing to the user in the form that is regulated. k) Implement the Administration's approved demand management programs. l) Apply appropriate consumer protection measures in accordance with the regulations. m) Keep your supply point database up to date, and provide information according to what is determined to be regulated. n) To reserve the confidential nature of the information of which it is aware in the performance of its activity, when its disclosure could result in problems of a commercial nature, without prejudice to the obligation of information to Public Administrations. o) Provide the transmission system operator and distribution network managers with sufficient information to ensure the safe and efficient operation, coordinated development and interoperability of the network. the interconnected network. p) Meet the requirements and obligations that are set out in regulation for the actions that correspond to the changes of the supplier and, in particular, to meet the deadlines and receive the information to be determined relative to the above supplier changes. q) Require guarantees to individuals who engage in access to their distribution networks in terms that are regulated. r) to determine, in the exercise of the function of the manager of its distribution network, the criteria for the operation and maintenance of the networks, ensuring the safety, reliability and effectiveness of the networks, environmental regulations that apply to them. s) To bring to the attention of the competent public authorities and of the subjects that could be affected if any, the situations of fraud and other anomalous situations. t) Perform those other functions arising from this law and its development regulations. Reglamentarily, after hearing the Autonomous Communities and Cities of Ceuta and Melilla, the conditions and procedures for the establishment of electrical connections and the engagement of new users will be regulated. distribution networks.
3. The rights of distribution companies shall be: a) The recognition by the Administration and the perception of adequate remuneration for the exercise of its activity within the electrical system in the terms set out in Title III of this Law. b) Require that the reception facilities and apparatus of the users connecting to their networks meet the technical and construction conditions to be determined by the state and international regulations that apply to them; as well as the good use of the same and the fulfilment of the conditions established for the supply to occur without deterioration or degradation of its quality for other users. c) Require the required subjects, who have the measurement and control teams established in the implementing regulations. d) Access the information you need for the development of your functions.
Article 41. Access to distribution networks.
1. The distribution facilities may be used by the authorised subjects in accordance with the provisions of Article 8. The price for the use of distribution networks shall be determined in accordance with the provisions of Article 16.
2. The distribution system operator shall grant the distribution network access permit in accordance with the criteria set out in Article 33.
Article 42. Hotlines.
1. Direct lines shall be taken into account for the direct link between an electrical energy production facility and a consumer under the conditions laid down in regulation. In any event, the holder of the production facility and the consumer must be the same undertaking or belong to the same business group, as defined in Article 42 of the Trade Code.
2. The implementation, modification, transmission and final closure of direct lines shall be subject to the authorisation regime laid down in Article 53 and in its implementing provisions.
3. The construction of direct lines is excluded from the application of the provisions on expropriation and easements laid down in Title IX, subject to the general legal order. Furthermore, their use is excluded from the remuneration scheme which for transport and distribution activities is laid down in this law.
4. The direct lines may be used only by the subjects holding the administrative authorisation, and third parties cannot be granted access. The opening to third parties of the use of the network shall require the sale, transfer or transfer to the carrier or the distribution company of the area in such a way that the network is integrated into the transport or distribution network, respectively.
TITLE VIII - Power Supply
CHAPTER I - Supply to users and management of electrical demand
Article 43. Provisioning.
1. The supply of electrical energy is defined as the delivery of energy through the transmission and distribution networks through economic consideration under the conditions of regularity and quality that are required.
2. Consumers to be determined shall be entitled to contract the supply of electricity to the voluntary prices for the small consumer or tariff of last resort established in accordance with Article 17.
3. Regulations shall be laid down, by the competent public authorities, for consumer protection measures to be collected under the contractual conditions for the supply contracts of the traders with those products. consumers who, because of their characteristics of consumption or supply conditions, require specific contractual treatment. The procurement mechanisms and the conditions for the billing of supplies, including the supplier change procedures, to be performed within a maximum period of 21 days, will also be established. and claims resolution. For these purposes, the establishment of single points of contact within the meaning of the additional eighth provision of Law No 3/2013 of 4 June of the creation of the National Commission on Markets and Competition will be considered. to provide consumers with all the necessary information concerning their rights, the legislation in force and the dispute settlement procedures available to them in the event of a dispute.
4. Without prejudice to the powers of the Autonomous Communities and Cities of Ceuta and Melilla and the establishment by providers of own systems for the processing of complaints in accordance with the provisions of the Recommendation 2001 /310/EC of the Commission of 4 April 2001 on the principles applicable to the non-judicial bodies for the consensual resolution of consumer disputes, the possibility of recourse to the arbitration system of the consumption for the resolution of such claims.
5. In order to ensure that no alternative resolution entities are submitted to consumer disputes or that they are not competent for the resolution of the dispute, final users who are natural persons may submit the controversy to the Ministry of Industry, Energy and Tourism, where such disputes relate to their specific rights as end users, including all those provided for in this law and without prejudice to the powers of the other Public Administrations. Disputes which are governed by rules other than the specific protection of the end users of electrical energy may not be the subject of the above procedure. The procedure, which will be approved by the Minister of Industry, Energy and Tourism, must be transparent, simple and free. The decision to be taken may order the refund of amounts unduly invoiced and, in general, provide for all measures to restore the person concerned to his legitimate rights and interests, including the possibility of reimbursement and compensation for the costs and damages that could have been generated. The power sector's subjects will be obliged to submit to the procedure, as well as to comply with the resolution that ends it. In any event, the procedure to be adopted shall set the maximum period within which the express decision shall be notified, after which the complaint may be understood to be dismissed by administrative silence, without prejudice to the Administration has the obligation to resolve the complaint expressly, in accordance with the provisions of Article 43 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Administrative Procedure Common. The decision to be taken may be challenged before the administrative-administrative jurisdiction. The provisions of this paragraph shall apply to all modes of supply provided for in this law for final users who are natural persons.
6. The National Commission on Markets and Competition will monitor the effectiveness and enforcement of consumer protection measures and may issue legally binding resolutions to comply with them.
Article 44. Rights and obligations of consumers in relation to supply.
1. Consumers shall have the following rights, and those that are regulated by law, in relation to supply: a) Access to and connection to the transmission and distribution networks of electrical energy in the Spanish territory, under the conditions that are regulated by the Government. Consumers will not be able to be directly connected to a producer subject except through a direct line and in cases which are regulated for the application of the supply arrangements with self-consumption. b) Perform electrical energy acquisitions in terms of application regulations. c) Choose your supplier, and you can contract the supply with:
1. The corresponding marketing companies. In this case, they will be able to contract the energy and access through the marketer. Regardless of the mode of representation chosen, the marketer shall be responsible, in any case, for the fulfilment of the obligations laid down in paragraph (d) of Article 46.1 of this Law. When the consumer has contracted the access toll through the marketer in accordance with the provisions of the preceding paragraph, the distributor may not in any case require payment of the toll directly to the consumer. consumer. The consumers referred to in Article 43.2 shall also be entitled to hire the voluntary price for the small consumer or the rate of last resort, as appropriate, with reference marketing companies at the price that is determined by the Minister of Industry, Energy and Tourism.
2. Other subjects in the production market. These direct consumers on the market will contract the energy in the production market and the corresponding contract of access to the networks directly with the distributor to which their facilities are connected or with the distributor of the zone in the case of being connected to the transport network. d) To formalize an access contract with the distribution company or a supply contract with the electricity supply company, as appropriate, in which it is specified:
1. Company identity and address;
2. the duration of the contract, conditions for its renewal and the causes of termination and termination of the contract, as well as the procedure to perform one or more;
3. the clauses under which the conditions set out in the contract may be reviewed;
4. the conflict resolution procedure in accordance with Articles 43.5 and 46.1.p);
5. the updated information on applicable prices and tariffs and, where applicable, the official disposition where they are to be fixed;
6. the minimum level of quality required in terms to be established and the impact on the billing that, if any, correspond;
7. the deadlines for the initial connection;
8. complete and transparent information about commercial offers, including in an express way the duration of promotional discounts and the terms or prices on which they apply; 9 the information relating to other services provided, including, where appropriate, the value added and maintenance services that are proposed, explicitly mentioning the cost of such additional services and their mandatory or not. The general conditions will be fair and transparent, and must be in line with the rules in force in the field of consumer contracts. They shall be explained in clear and comprehensible language and shall not include non-contractual obstacles to the exercise of the rights of the clients. Customers will be protected from abusive or misleading methods of sale. Conditions will be released in advance. In any case, they must be notified prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information referred to above shall also be communicated prior to the conclusion of the contract. e) To be duly informed in a transparent and comprehensible manner of any intention to modify the terms of the contract and informed of their right to terminate the contract at no cost when they receive the notice. Furthermore, they shall be notified directly by their supplier of any revision of the prices resulting from the conditions laid down in the contract at the time the contract is produced, and not later than a period of invoicing after the the review has entered into force, in a transparent and comprehensible manner. f) To be free to choose payment method, so that there is no undue discrimination between consumers. Early payment systems shall adequately reflect the conditions of supply and likely consumption. g) Be cared for under non-discriminatory conditions in applications for new electrical supplies and in the extension of existing ones. h) Receive the service with the levels of security, regularity, and quality that are determined to be regulated. i) Being supplied at easy and clearly comparable, transparent and non-discriminatory prices. j) Receive transparent information on the general prices and conditions applicable to access to and supply of electrical energy. For these purposes, you will receive the invoices with the breakdown that is determined to be regulated. k) Make the supplier change at no cost and within the statutory and regulatory deadlines. l) Dispose of procedures to deal with your claims in accordance with this law and other applicable consumer care regulations. m) Having at your disposal your data for consumption, and being able, by explicit and free agreement, to give access to the data of measures to the appropriate subjects, and in particular to the marketers that are kept in the compliance of the requirements and obligations, in accordance with the terms and conditions to be determined, without the consumer being able to charge costs for this service. n) Be informed of the actual consumption of electricity and the corresponding costs according to what is regulated, at no additional cost. For these purposes, the characteristics of the measurement equipment shall be taken into account to ensure adequate billing and the costs of implementing this measure. n) Receive the settlement of the account after any change of electricity supplier, within 42 days at the latest as of the date of the change of supplier. o) Dispose of a free telephone assistance service provided by the distributor to which their facilities are connected, operating 24 hours a day, to which they may address possible incidents security at the premises. Such a number shall be clearly identified in invoices and shall in any case be supplied by the marketer or, where appropriate, by the distributor to the consumer.
2. The limits for the application of the rights set out in the previous paragraph, inter alia, shall be laid down in the case of consumers who are in default.
3. Consumers will have the following obligations, in addition to those which are regulated, in relation to supply: a) Ensure that the facilities and apparatus comply with the technical and safety requirements laid down in the current regulations, ensuring access to them in terms that are determined. b) Hire and make payment of the supplies, in accordance with the conditions laid down in the regulations. c) Allow staff authorized by the distribution company to enter the premises or housing to which the service contracted in working hours or normal relationship with the outside is affected, in order to carry out the activities of distributor.
Article 45. Vulnerable consumers.
1. Consumers of electricity that comply with the social, consumer and purchasing power characteristics to be determined shall be considered as vulnerable consumers. In any case, they shall be limited to natural persons in their habitual dwelling. The definition of vulnerable consumers and the requirements to be met, as well as the measures to be taken for this collective, will be determined by the Government.
2. The social bond will apply to vulnerable consumers who comply with the social, consumption and purchasing power characteristics that are determined by the Council of Ministers ' royal decree. For these purposes, a threshold referred to as a family income indicator shall be established. In any case, they shall be limited to natural persons in their habitual dwelling.
3. The social bond will cover the difference between the value of the voluntary price for the small consumer and a base value, which will be called the rate of last resort and will be applied by the corresponding reference marketer on the invoices of the consumers who can be accommodated. The Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, will set the rate of last resort.
4. The social bond shall be considered to be a public service obligation within the meaning of Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in electricity and on repeals Directive 2003 /54/EC and shall be taken over by the parent companies of the groups of companies or, where appropriate, companies which simultaneously develop the production, distribution and marketing of electrical energy. The percentage of the distribution of the amounts to be financed will be calculated, for each business group as the ratio between a term that will be the sum of the annual averages of the number of supplies connected to the distribution networks of the distribution companies and the number of customers of the marketing companies in which the group participates, and another term corresponding to the sum of all the annual average values of supplies and customers of all the business groups which must be considered for the purposes of this distribution. This percentage of distribution will be calculated annually by the National Commission of the Markets and the Competition, in accordance with the procedure and conditions that will be established. For this purpose, the Commission shall publish on its website, in the month of November of each year, the information referred to the previous mobile year and the annual averages of the number of supplies connected to the distribution networks of the the distribution companies and the number of clients of the trading companies, as well as the relationship of groups of companies or, where appropriate, companies, which meet the requirement laid down in the first subparagraph of this paragraph. The Commission shall forward by 1 December each year a proposal for the fixing of the percentages of financing to be allocated to each of the parent companies, corresponding to the Minister for Industry, Energy and Tourism its approval in order to be published in the "Official State Gazette". In any event, the contributions to be made by each of these companies shall be deposited in a specific account under the deposit scheme created for the purpose by the settlement body, which shall be responsible for its management.
Article 46. Obligations and rights of the trading companies in relation to the supply.
1. The obligations of the marketing undertakings, in addition to those laid down in regulation, shall be in relation to the supply: a) Communicate the initiation and cessation of its activity as an electrical energy market and the cessation thereof, accompanied by the responsible declaration on compliance with the requirements to be established For the exercise of the same, the Ministry of Industry, Energy and Tourism. When the activity is to be carried out exclusively in the territorial scope of a single autonomous community, it must be communicated to the competent authority in the field of energy of the corresponding autonomous community who, within the A maximum of one month shall be transferred to the Ministry of Industry, Energy and Tourism, together with the responsible statement and the documentation submitted by the person concerned. b) To be maintained in compliance with the requirements of legal, technical and economic capacity to be determined in relation to the supply of electrical energy. c) Acquire the necessary energy for the development of their activities, making the payment of their acquisitions. d) Contry and pay the toll of access to the transport and distribution networks for the distribution company on the basis of the billing data, regardless of their collection of the final consumer, as well as the payment of the prices and charges in accordance with what is to be determined, irrespective of the recovery of the final consumer. e) To provide the guarantees that you regulate will be established. f) To tender their payment obligations in respect of the electricity system within the time limits set, as well as to apply and collect from consumers the prices and charges in accordance with what is regulated. g) Forcing supply contracts with consumers according to the existing rules of application. Also, to carry out the invoices to its consumers according to the conditions of the contracts that would have been formalized in the terms that are established in the regulations of development of this law, and with the breakdown that determine. h) Implement the Administration's approved demand management programs. i) Procurating a rational use of energy. j) Take appropriate measures of consumer protection in accordance with the regulations. k) Preserve the confidential nature of the information of which it is aware in the performance of its activity, when its disclosure may result in problems of a commercial nature, without prejudice to the obligation of information to the Public Administrations. l) Having at the disposal of the Ministry of Industry, Energy and Tourism, the Autonomous Communities or the Cities of Ceuta and Melilla in the field of their competence, of the National Commission of the Markets and the Competition and of the European Commission, for the purpose of carrying out their respective tasks, for at least five years, data on all transactions in electricity supply contracts and electricity-related derivatives subscribed to wholesale customers and transmission system operators, in accordance with what they regulate is determined. The provisions of this paragraph shall not create additional obligations with respect to the Ministry of Industry, Energy and Tourism, the National Markets and Competition Commission and the European Commission, for entities that fall within the scope of Law 24/1988, of 28 July, of the Securities Market. In case the entities mentioned in the first paragraph of this sub-section need to access data held by entities that fall within the scope of the Law 24/1988, of July 28, of the Securities Market, the National Securities Market Commission will provide you with the necessary data. m) Inform your customers about the origin of the energy supplied, as well as the environmental impacts of the different energy sources and the proportion used between them. n) Inform your clients about their rights to the dispute settlement routes that they have in the event of litigation. For these purposes, the marketing companies must offer their consumers the possibility to settle their disputes through an alternative consumer dispute resolution entity, which meets the requirements set by the Directive 2013 /11/EU of the European Parliament and of the Council of 21 May 2013 and the national transposition provisions. Such entities shall be accredited as such by the competent authority. o) For the supply to final consumers, they must have a service of attention to their complaints, complaints and incidents in relation to the service contracted or offered, as well as requests for information on the aspects relating to the procurement and supply or communications, making available a postal address, telephone service and telephone number, both free of charge, and a fax number or an e-mail address to which the can be addressed directly. Such electronic communication system shall automatically issue an acknowledgement of receipt with an indication of the date, time and number of the request, in such a way that the time and date on which the application has entered is recorded. Providers shall communicate their legal address if the legal address does not coincide with their usual address for correspondence. The service of consumer attention to be established by the marketing companies should be appropriate, in any case, to the minimum quality parameters set out in the consumer and user defense legislation. The trading company may not divert calls made to the number of free telephone numbers mentioned in numbers that involve a cost to consumers, either by telephone, by text messages or by other analogue the attention of complaints, complaints and incidents in relation to the service contracted or offered, as well as requests for information on the aspects related to procurement and supply or communications. The consumer service will in no case provide additional revenue to the company at the expense of the consumer. Marketing companies, along with the shared pricing numbers that companies advertise for consumers and users to request information in general about the services offered or advertised, they must advertise geographic numbers of telephony to provide the same information, in all commercial information media that they handle, including these numbers on the same site as the shared charging numbers and in the same font size and type. p) Meet the deadlines that are set for the actions that correspond to the supplier changes. 2. Marketing companies, in addition to what is determined by regulation, shall be entitled to: a) Access to the transport and distribution networks in the manner that is regulated by the Government. b) Act as market participants in the electricity production market. c) Contreat the acquisition and sale of electrical energy in the terms provided for in the law and in its development provisions. d) Facturing and collecting the realized provisioning. e) Require that the measurement equipment of the users meet the technical and security conditions that are regulated as well as the good use of the same. f) Request, on behalf of their consumers, the verification of the equipment of measurement of supplies and, where appropriate, claim the amounts that they have obtained.
3. Direct consumers on the market shall have the obligations and rights referred to in paragraphs 1 and 2 above for the market-makers, which are applicable to them.
4. The National Commission of the Markets and the Competition will publish on its website a list containing the marketers which, according to this article, have communicated to the Ministry of Industry, Energy and Tourism and, where appropriate, to the Competent administration, the start of their activity and who have not communicated the cessation of the activity.
Article 47. Non-compliance with trading companies.
1. The competent public administration, as well as the National Commission for Markets and Competition, may require the marketing undertakings to carry out the accreditation of compliance with the obligations laid down in Article 46.
2. If a marketer fails to comply with any of the conditions required for the exercise of its activity, the Ministry of Industry, Energy and Tourism may, after the processing of a procedure in which the hearing of the interested, declare the extinction of the enablement to act as a marketer, in terms that are developed regulatively. In such cases, the Minister of Industry, Energy and Tourism may determine, after a hearing procedure and in a reasoned, objective and transparent manner, the transfer of the clients of said marketer to a marketing reference, and the supply conditions of such customers.
3. In the framework of the said procedure and in the light of the circumstances which are in each case, the provisional measures necessary to ensure the effectiveness of the resolution which may be placed on the market may be adopted, in particular where the persistence during the processing of the procedure in the exercise of the marketing activity, or in certain aspects thereof, may jeopardise the fulfilment of the economic obligations under which the electricity system is based or cause harm to consumers. These measures may include the measures necessary to prevent the transfer of the customers supplied to a trader from the business group to which the undertaking is a disablement object or to undertakings linked to it.
4. The non-compliance by a marketer of any of the obligations that are required in the exercise of its activity shall be sanctioned in accordance with the provisions of Title X of this Law. The commission of a very serious infringement may lead to the extinction of the habilitation to act as a marketer.
Article 48. Energy charging services.
1. The main function of the energy recharge service will be the delivery of energy through vehicle charging services and storage batteries under conditions that will allow the load to be efficiently and at least cost to its own. user and for the electrical system.
2. The energy recharge services will be provided by the corresponding companies that will have to present to the Ministry of Industry, Energy and Tourism, prior to the start of their activity, communication of the start of activity accompanied a statement responsible for compliance with the requirements to be determined in a regulated manner. When the activity is to be developed exclusively within the territorial scope of a single autonomous community, the interested party must direct the communication of the start of activity to the competent body in the field of energy the corresponding autonomous community, who, within the maximum period of one month, shall transfer to the Ministry of Industry, Energy and Tourism accompanied by the responsible statement and the documentation submitted by the person concerned.
3. System load managers, in accordance with the definition of Article 6 (h), shall have the obligations and rights covered by this law in Article 44. In addition to those which are determined in accordance with the rules, they shall be the rights of charge managers in relation to the resale of electrical energy as referred to in Article 46.2 (a), (b), (c) and (d). In addition to those that are determined by regulation, it shall be obligations of the charge managers in relation to the resale of electrical energy as referred to in Article 46.1 (c), (d), (e), (f), (h), (i), (j), (k) and (m)
Article 49. Demand management.
1. Electricity companies, consumers and the system operator, in coordination with other operators, will be able to carry out and implement measures that encourage an improvement in the management of electricity demand and contribute to the optimization of the load and/or energy efficiency and savings. Consumers, either directly or through marketers, may participate, where appropriate, in the services included in the production market according to what is regulated.
2. Without prejudice to the foregoing, the Administration may adopt measures which encourage the improvement of service to users and energy efficiency and savings, either directly or through economic operators whose object is savings and introduction. of the highest efficiency in the final use of electricity. These measures will include the interruptibility service that is managed by the system operator. The fulfilment of the objectives set out in those measures may give rise to the recognition of the costs incurred for their implementation, which may be considered as costs for the system. For the purposes of this recognition, the measures must be approved by the Ministry of Industry, Energy and Tourism, after the National Commission of the Markets and the Competition and the Autonomous Communities report in their territorial area. These measures will include the interruptibility service that is managed by the system operator.
Article 50. Savings and energy efficiency plans.
1. The General Administration of the State and the Autonomous Communities and Cities of Ceuta and Melilla, within their respective territorial powers, may, by means of savings and energy efficiency plans, establish the rules and principles (a) to enhance actions to achieve the following purposes: a) Optimize the returns of energy transformation processes, inherent in productive or consumption systems. b) To analyze and control the development of projects for the creation of industrial plants with high energy consumption, according to criteria for energy efficiency at national level. c) Improve performance or replace the fuel type in energy-intensive businesses or sectors, based on national interest. d) Improve the energy efficiency of medium and large enterprises in all sectors. e) Renew the energy systems of the residential and commercial buildings, to increase the energy saving and to improve the energy efficiency in the thermal, air conditioning, ventilation, lighting, lifts and others using electrical energy.
2. Where such savings and energy efficiency schemes establish incentives with public funds, the public authorities may require the natural or legal persons involved to submit an energy audit. of the results obtained.
CHAPTER II - Quality of power supply
Article 51. Quality of power supply.
1. The quality of the electricity supply is the set of characteristics, techniques and attention and relationship with consumers and, where appropriate, producers, which are required for the supply of electricity to undertakings engaged in activities for the purpose of power supply. As regards the technical characteristics, the quality of the electrical supply refers to the continuity, the number and duration of the interruptions, as well as the quality of the product. With regard to the characteristics of the attention and relationship with the consumers and, where appropriate, producers, it refers to the relative to the set of actions of information, advice, access studies, connection, measure, hiring, billing, communication and reclamation. By royal decree of the Council of Ministers, individual and collective indicators will be established, and target values for these indicators.
2. The supply of electrical energy must be carried out by the companies with the characteristics and continuity that the government will regulate for the Spanish territory, taking into account the differentiation by zones to which refers to the following section. Electrical energy companies will have the technical capacity to guarantee the quality of service required by the General Administration of the State. Power companies and, in particular, distributors will promote the incorporation of advanced technologies in the measurement and control of the quality of the electrical supply.
3. The General Administration of the State shall establish the lines of action in the field of quality of service, aimed at achieving the objectives of quality, both in final consumption and in the areas which, due to their demographic characteristics and typology of consumption, can be considered suitable for the determination of differentiated objectives. The General Administration of the State will determine the objective indices of quality of the service, as well as values among which these indices can oscillate, to meet both individual user level, and for each zone The geographical area of the geographical area These indices shall take into account the continuity of supply, relating to the number and duration of the interruptions and the quality of the product relating to the characteristics of the voltage. Electrical undertakings shall be obliged to provide the Administration with the information, properly audited, necessary for the objective determination of the quality of the service. The data of the aforementioned indices shall be made public at an annual frequency. The remuneration methodology of the distribution activity developed by the General Administration of the State will incorporate incentives and penalties according to the quality of service obtained.
4. If the low quality of the distribution of an area is continuous, or could produce serious consequences for the users, or special circumstances may arise that could endanger the safety of the electrical service, the Administration State General will require that the investment plans submitted by these companies present actions that will enhance the quality of service in that area.
5. The Government shall establish the procedure for determining the reductions to be applied in the invoicing to be paid by the users if it is found that the quality of the individual service provided by the company is less than the regulentarily enforceable.
Article 52. Supply suspension.
1. The supply of electrical power to consumers may be suspended where such a possibility is established in the supply or access contract which may never be invoked by technical or economic problems which make it difficult, under the conditions laid down in the rules are set out.
2. It may also be temporarily suspended where this is essential for the maintenance, repair of facilities or improvement of the service or for reasons of security of supply. In all of these cases, the suspension shall require prior administrative authorisation and communication to users in the form that it is regulated. Those actions of the system operator to ensure security of supply will be exempted from this authorisation. In any event, these actions must be justified after the form that is determined to be determined.
3. Under the conditions to be laid down, the supply of electricity to consumers at voluntary prices may be suspended for the small consumer or for the last resort at least when they have elapsed. two months after the payment had been made to them, without the payment having been made effective. For this purpose, the requirement shall be made by any means which permits the receipt by the person concerned or his representative to be recorded, as well as the date, identity and content of the request. In the case of public administrations that have received voluntary prices for the small consumer or last resort fees, if four months after the first request, the payment would not have been made effective, The supply is interrupted.
4. Supplies that meet any of the following criteria may be considered essential supplies: a) Public lighting in charge of public administrations. The ornamental lights of places, monuments, fountains or any other building or site of interest are not included. b) Water supply for human consumption over the network. c) Quarters and institutions directly linked to the national defense, security forces and bodies, firefighters, civil protection and municipal police, except for buildings dedicated to housing, economate and recreation areas of your staff. d) Prison centers, but not their own dedicated to the non-recluse population, as well as offices of Courts and Courts. e) Public service transport and its equipment and facilities directly dedicated to the security of land, sea or air traffic. f) Healthcare facilities where operating rooms, care rooms and electrical power appliances can be coupled to patients. g) Hospitals. h) Funeral services. i) Domestic supplies in which there is documentary evidence formalized by medical personnel that the supply of electrical energy is essential for the feeding of a medical equipment that results in essential to keep a person alive. In any case, these supplies shall be limited to natural persons in their habitual dwelling. In no case may the supply of electrical power be suspended to those facilities whose services have been declared essential in accordance with this law. Distributor or marketing companies may apply surcharges or affect payments they receive from those of their customers who have supplies linked to services declared as essential in a situation of late payment. the payment of invoices corresponding to those services, irrespective of the allocation that the customer, public or private, would have attributed to these payments.
5. Once you have paid the amount due from the consumer who has been suspended, you will be replaced within 24 hours.
6. The distribution companies may immediately disconnect certain facilities in the case of direct hooks, in situations involving risk to persons or things and in cases where they are determined regulentarily.
TITLE IX - Authorizations, expropriation, and easements
Article 53. Authorization of transport, distribution, production and direct lines.
1. The following administrative authorisations shall be required for the implementation of new transport, distribution, production and direct lines referred to in this law or modification of the existing facilities: a) Prior administrative authorisation, which shall be carried out with the preliminary draft of the installation as a technical document and, where appropriate, in conjunction with the environmental impact assessment, as provided for in the recast text of the Draft Environmental Impact Assessment Act, approved by Royal Legislative Decree 1/2008, and will grant the authorized company the right to perform a specific installation under certain conditions. The administrative authorization of generation facilities may not be granted if the holder has not previously obtained the access and connection permits to the corresponding transport or distribution networks. b) Construction administrative authorization, which allows the holder to perform the construction of the facility in compliance with the technical requirements. To apply, the holder will present an execution project along with a responsible statement that will demonstrate compliance with the applicable regulations. For their resolution, the exclusively technical conditions of those General Administrations, agencies or companies that provide public services or general economic interest should be analyzed only in respect of property and property rights that are affected by the installation. The processing and resolution of authorisations as defined in paragraphs (a) and (b) of paragraph 1 of this Article may be carried out in a row, together or in a row. c) Operating authorisation, which allows, after the project has been implemented, to strain the facilities and to proceed to their operation. Undertakings may require the administrative authorisations provided for in this paragraph in the terms which are regulated by public administrations in the field of their respective powers.
2. The competent public authority may provide that certain types of non-substantial modifications to the transport, distribution and production facilities and direct lines shall not be subject to administrative authorisations. (b) the previous provisions of paragraphs 1 (a) and (b) Reglamentarily, for these purposes, the criteria will be used to consider a certain modification as not substantial, which must be based on the technical characteristics of the modification. projected. In any case, the modifications considered as non-substantial shall obtain the operating authorisation referred to in paragraph 1. (c) upon accreditation of compliance with the conditions of safety of the facilities and associated equipment.
3. Certain small-power production facilities may be exempted from the authorisation scheme provided for in paragraphs 1.a) and 1.b) of this Article.
4. For the approval of transport, distribution, production and direct lines of electrical power, the promoter of the same shall have sufficient proof of the following: a) The technical and security conditions of the facilities and associated equipment. b) Proper compliance with environmental protection conditions. c) The features of the installation site. d) Your legal, technical and economic-financial capacity for project implementation.
5. The final transmission and closure of transport, distribution, production and direct lines, as well as the temporary closure of production facilities, will require prior administrative authorisation in the established terms. in this law and in its development provisions. The holder of the installation shall have the obligation to dismantle the installation after the final closure, unless the final administrative authorisation permits the contrary. In any event, the definitive closure of generation facilities shall require the report of the system operator to which the possible conditions of the closure for security of supply are to be reported and to be delivered. motivated if this is possible without putting security of supply at risk. Authorising administration should dictate and notify the resolution on applications for authorisation within six months. If the administration has not been delivered and at the same time at least three months after the operator of the report system has been issued in favour of the closure of the installation, the applicant may, at the same time, be satisfied proceed to the closure of the same. The above shall be without prejudice to the decommissioning obligations which may subsequently be imposed by the competent authority for the authorisation.
6. The administrative procedures for authorization shall be governed by and respect the principles of objectivity, proportionality, transparency, equality and non-discrimination, without, in any event, subject to the granting of authorisation for the payment of costs or compliance with requirements not linked to the development of each activity. The administrative authorities referred to in this Article shall be granted by the competent authority, without prejudice to any concessions and authorizations that may be necessary in accordance with other provisions that result and in particular those relating to the organisation of the territory and the environment.
7. The competent public authority may refuse authorisation only where the requirements laid down in the applicable legislation are not met or where it has a negative impact on the operation of the system.
8. By way of derogation from the third subparagraph of paragraph 5 of this Article, in the case of installations whose authorization is the responsibility of the General Administration of the State, the maximum period for issuing and notifying the decision on the applications for authorisation shall be one year. The expiration of the maximum period without having been notified will legitimize the person concerned to understand the unestimated administrative silence in accordance with article 43.1 of Law 30/1992, of November 26.
9. Production facilities, transport, electricity distribution and direct lines, those intended for reception by users, consumer equipment, as well as technical and material elements for electrical installations they must comply with the relevant technical standards of industrial safety and quality, in accordance with the provisions of Law 21/1992 of 16 July 1992 on Industry and other rules applicable to them.
10. Failure to comply with the conditions and requirements laid down in the authorisations or the substantial variation of the budgets which have determined their grant may result in their revocation, after hearing the person concerned.
Article 54. Public utility.
1. The electrical installations for the generation, transport and distribution of electrical energy are declared to be of public use, for the purposes of the compulsory expropriation of the goods and rights necessary for their establishment and for the imposition and the exercise of their duties. of the pass-through easement.
2. This declaration of public utility extends to the effects of the compulsory expropriation of electrical installations and their sites when, for reasons of energy, technological or environmental efficiency, their replacement is appropriate. new installations or the making of substantial modifications thereto.
Article 55. Request for the public utility declaration.
1. For the specific recognition of the public utility of the installations referred to in the previous Article, it will be necessary for the undertaking concerned to request it, including the project implementing the installation and a specific relationship. individualized of the goods or rights that the applicant considers necessary expropriation.
2. The request shall be submitted for public information and shall be collected from the bodies concerned.
3. After completion of the procedure, the recognition of the public utility will be agreed by the Ministry of Industry, Energy and Tourism, if the authorization of the installation corresponds to the State, without prejudice to the competence of the Council of Ministers in the case of opposition from bodies or other public law entities, or by the competent body of the Autonomous Communities or Cities of Ceuta and Melilla in other cases.
Article 56. Effects of the public utility declaration.
1. The declaration of public utility shall in any event imply the need for occupation of the goods or for the acquisition of the rights concerned and shall involve the urgent occupation within the meaning of Article 52 of the Law of 16 December 1954, Forced Expropriation.
2. Likewise, it shall constitute the right to be granted the appropriate authorization, in the terms that in the declaration of public utility are determined, for the establishment, passage or occupation of the electrical installation on land of domain, use public service or property of the State, or of the Autonomous Communities, or of public use, own or communal of the province or municipality, works and services of the same and areas of public servitude.
Article 57. Step-in servitude.
1. The servitude of electric power pass shall be considered as a legal serfdom, it shall impose on the other goods in the form and with the scope that are determined in this law and shall be governed by the provisions of this law, in its provisions of development and in the legislation referred to in the previous article, as well as in the applicable special legislation.
2. The air-pass easement comprises, in addition to the flight over the servant, the establishment of fixed posts, towers or supports for the support of power cables, all increased in the safety distances rules are set out.
3. The underpass easement comprises the occupation of the subsurface by the conductive wires, at the depth and with the other characteristics that the applicable urban legislation indicates, all increased in the distances of safety that rules are set out.
4. One and other forms of serfdom shall also include the right of passage or access and the temporary occupation of land or other goods necessary for the construction, surveillance, preservation, repair of the appropriate facilities, and the tree felling, if necessary.
Article 58. Limitations to the constitution of pass-through easement. No pass easement may be imposed for high-voltage lines: a) On buildings, their courtyards, pens, schools, sports fields and gardens and orchards, also closed, attached to houses that already exist at the time of the serfdom, provided that the extension of the orchards and gardens is less than half a hectare. b) On any particular type of property, if the line may be technically installed, without any variation of layout higher than that which is regulated, on grounds of domain, use or public service or State property, Autonomous Communities, provinces or municipalities, or following lines of privately owned farms.
Article 59. Civil relations.
1. The power-pass servitude does not prevent the owner of the predium from certing him or building on him, leaving the servitude safe, provided that it is authorized by the competent Public Administration, which will take special consideration the current security regulations. The owner may also request the change of layout of the line, if there are no technical difficulties, running at his expense the expenses of the variation.
2. The variation in the location or layout of an electrical energy transmission or distribution facility as a result of projects or plans approved by the Administration shall entail payment of the cost of such variation by the Competent administration for such a project or plan.
Article 60. Extra duty. With regard to the regulation contained in Articles 54 to 56 of this Title, the provisions of the legislation on compulsory expropriation and the matters provided for in Articles 57 and following shall be applied in an additional manner. The provisions of the Civil Code are provided for by the provisions of the Civil Code. TITLE X - Inspections, Violations, and Sanctions Regime CHAPTER I - Inspections
Article 61. Inspection powers.
1. Public servants of the Ministry of Industry, Energy and Tourism, duly authorised by the Director-General concerned, shall have the status of officials of the authority and may carry out as many inspections as necessary for the proper application of this law. However, it may be entrusted to public employees to carry out tasks or ancillary activities or administrative support to the former. You may also request, through the appropriate governmental authority, the necessary support from the State Security Corps and Forces.
2. Staff empowered to do so shall have the following powers of inspection: a) Access to any premises, installation, land and means of transport of the undertakings, associations of undertakings and natural persons carrying out any activity as provided for in this law, as well as the private domicile of employers, administrators and other members of the staff of undertakings. They may also control the elements affected by the services or activities which the subjects or those who carry out the activities referred to in this law, of the networks which they install or operate and of which documents are required to hold or keep. b) Verify the books, records and other documents relating to the activity in question, whatever their material support, including computer programs and magnetic, optical or any other files class. c) Making or obtaining copies or extracts, in any format, of such books or documents. d) Hold for a maximum of 10 days the books or documents mentioned in paragraph b). e) to provide for all premises, books or documents and other assets of the undertaking, association of undertakings or natural persons carrying out any activity as provided for in this law, for the duration and to the extent that it is required for inspection. f) Request any natural person who carries out any activity as provided for in this law, representative or member of the company's staff or association of companies, explanations on facts or documents related to the object and purpose of the inspection and to record their responses. The exercise of the powers described in paragraphs (a) and (e) shall require the prior express consent of the concerned or, failing that, the corresponding judicial authorisation.
3. The actions of verification or research carried out by the Ministry of Industry, Energy and Tourism in the field of their competences may be developed: a) In any office, office, or dependency of the person or entity inspected or who represents them. b) In the premises of the Ministry of Industry, Energy and Tourism. Where verification or investigation actions are carried out in the places referred to in subparagraph (a) above, the working day of the same shall be observed, without prejudice to the fact that agreement may be made in other places hours or days.
4. If the undertaking, association of undertakings or natural person is opposed to an inspection or the risk of such opposition exists, the competent authority of the Ministry of Industry, Energy and Tourism shall request the appropriate judicial authorisation, when the same implies restriction of fundamental rights, to the Court of the administrative-administrative. The public authorities shall provide the necessary protection and assistance to the personnel of the Ministry of Industry, Energy and Tourism for the exercise of the inspection functions.
5. The official staff responsible for the inspection shall record their actions. The facts established by public servants to whom the status of authority is recognised, and which are formalised in a public document by observing the relevant legal requirements, shall be of a probative value without prejudice to the evidence defence of the respective rights or interests can be pointed out or provided by the own.
6. The data and information obtained may only be used by the Ministry of Industry, Energy and Tourism for the purposes provided for in this law.
7. The application of the sanctioning regime shall be the responsibility of the Ministry of Industry, Energy and Tourism, or the National Markets and Competition Commission in accordance with Article 73 of this Law.
Article 62. Deadline for inspection. The inspection actions shall be completed within 12 months of the date of notification of their initiation to the data subject. It shall be understood that the proceedings end on the date of notification of the minutes of their conclusion and outcome. The suspension of the indicated time limit may be determined by regulation.
Article 63. Concept and classes of violations.
1. Administrative violations are the actions and omissions typified in this law.
2. Administrative offences may be very serious, serious or minor.
3. Only natural or legal persons who are responsible for the acts constituting an infringement may be punished, even in the form of simple non-compliance.
Article 64. Very serious infringements. These are very serious violations:
1. The implementation of incompatible activities in breach of the requirements of legal, functional and managerial separation, as well as the non-compliance by the subjects required of the separation criteria, all in accordance with the provisions of the this law and its development regulations.
2. Failure to comply with the accounting obligations required in accordance with this law. The infringement shall be understood to mean that the persons obliged to do so shall not comply with the obligation to keep separate accounts in accordance with the provisions of Article 20 and its implementing rules.
3. The irregular application of prices, charges, fees or tolls of those regulated in this law or in the provisions of development thereof, in such a way as to produce an alteration in the price that is greater than 15 percent and that, at the time, exceeds EUR 300,000.
4. Failure to comply with obligations arising from the system of charges, prices, fees, charges of last resort and tolls, or collection criteria, where it is a serious injury to the electricity system. In particular, it shall be understood as a breach of those obligations the lack of payment of the toll of access to the transport and distribution networks, as well as of the prices or charges in accordance with the rules laid down by the marketer in the terms of Article 46.1 (d) of this law. In any event, the failure or delay in the payment of the amounts to which the proceedings of the liquidations of Articles 18 and 19 of this Law and its implementing rules and the declaration shall be deemed to have been carried out shall be deemed to be non-compliance. (i) undue loss of revenue and costs, all in the event of serious injury to the electricity system.
5. The lack of communication to the Ministry of Industry, Energy and Tourism or the failure to comply with the conditions or obligations laid down, in the case of the taking of shares in companies, in the terms provided for in the additional provision ninth of Law 3/2013, of 4 June, of the creation of the National Commission of the Markets and the Competition.
6. Failure to comply with the restrictions imposed in Article 34.1 of Royal Decree-Law 6/2000 of 23 June on Urgent Measures to Intensify Competition in Goods and Services Markets.
7. Failure to comply with the limitations to the participation in the shareholding of Red Electrica de España, S.A. or the Operator of the Iberian Energy Market-Polo Español, as well as the lack of communication defined in the Article 31.2 of any circumstance which may affect compliance with the requirements laid down for the certified company as the Transport Network Manager.
8. non-compliance with legally binding resolutions or requirements imposed by the competent authority, including the National Markets and Competition Commission, or by the system operator in the field of its functions; where this is a material injury to the functioning of the system.
9. The repeated non-compliance with the reporting obligations set out in Article 65 (6).
10. The inaccuracy or falsehood in any data, manifestation or document that is presented to the Administration, as well as its non-filing in the form and time limit, to the object of the determination or perception of the remuneration regime of the activities with regulated remuneration, provided that this results in an impact on the costs of the system exceeding 5% of the subject's annual regulated remuneration.
11. The resistance, obstruction, excuse or refusal of the inspecting actions that have been agreed in each case by the competent Public Administration, including the National Commission of the Markets and the Competition.
12. The actions or omissions involving non-compliance with the measures laid down in accordance with Article 7 by those who carry out any of the activities in which they are regulated.
13. Failure by the parties to comply with these obligations under the current rules of the obligations to preserve and manage access to information that is of a confidential nature.
14. Failure to comply with the requirements laid down in the implementing rules to be entitled to the remuneration of the remuneration scheme for activities with regulated remuneration, unless expressly defined as serious.
15. The performance of activities falling within the scope of this law or the construction, operation, modification, transmission, temporary closure or final closure of facilities affected by this law, without the necessary granting, administrative authorisation, responsible declaration, communication or registration in the relevant register where appropriate, as well as the non-compliance with the content, requirements and conditions of the same when the risk is put at risk security of supply or a serious danger or damage to persons, property or property environment.
16. Failure by the holder of the facilities to comply with his obligation to maintain them under appropriate conditions of conservation and technical suitability, following, where appropriate, the instructions given by the competent public administration, the operator of the system and by the transmission system operator or by the distribution system operators, or in charge of the reading as appropriate, in accordance with the rules of application, where such non-compliance is in accordance with the rules of application; risk of the security of supply or a danger or serious harm to persons, property or the environment.
17. The use of instruments, apparatus or elements which put security at risk without complying with the standards and technical requirements to be met by equipment and installations affecting the activities covered by this Act when they behave danger or serious harm to people, property or the environment.
18. Failure by those responsible for the point of measurement of the obligation to have the measuring and control equipment and other devices which they regulate have been established, in such a way as to prevent or alter the correct measurement and billing, or where such non-compliance is in danger or serious harm to persons, property or the environment, as well as the refusal or obstruction of access by the reading officers, verifiers or bodies authorised by the competent administration for the performance of the reading, or verification of the equipment.
19. Failure by the parties to comply with the rules in force concerning the installation of measuring equipment, concentrators and other devices for the processing of information and communication necessary for the proper functioning of the system of the system of measures, as well as the non¬compliance with the security and privacy criteria that are established in regulation.
20. Repeated non-compliance by those obliged to do so by the current regulations of the conduct of the processes of high or modification of borders, reading and processing of the measures and exchanges of information, as well as of the referral the information or, where appropriate, its making available to the addressees to whom they are obliged to send it on the terms, within the prescribed period and form of regulation.
21. The inaccuracy or distortion of the information relating to the measure referred by the parties to it under the rules in force, where a significant increase in the costs of the system or a significant reduction in the costs of the system is derived. revenue from the same.
22. The continued non-compliance, by the obligation to do so in accordance with the current regulations, of their obligation to manage the verifications of the measuring equipment.
23. Any handling of equipment or installations or the non-disposal of the necessary devices, intended to alter the measurement of the quantities supplied or consumed or of any of the concepts used as a basis for the billing of the energy supplied or consumed.
24. Failure by the Operator of the Market of the functions referred to in paragraphs (e) and (f) of Article 29.2, in the terms provided for in this Law and its implementing rules, when this is caused to the detriment of the system or other subjects.
25. Failure by the Operator of the System of the functions referred to in paragraphs (k), (l), (r) and (u) of Article 30.2, in the terms provided for in this Law and its implementing rules, where this is due to prejudice for the system or other subjects.
26. The unjustified denial or alteration of the connection permission to a point in the network. The refusal shall be deemed to be unjustified where it does not comply with the provisions of this law and the implementing rules adopted by the Government.
27. The unjustified denial or alteration of the access permission to a point in the network. The refusal shall be deemed to be unjustified where it does not comply with the provisions of this law and the implementing rules adopted by the Government.
28. The establishment of other mechanisms other than those provided for in Article 33 for the granting of access and access permits or for prioritization in the granting thereof.
29. The granting of access permits or connection permits where the necessary capacity is not available in accordance with the conditions and criteria laid down by the Government.
30. The repeated non-compliance with the objective quality of the service indices and the non-elaboration of the actions to promote the improvement of the quality of service set out in Article 51.
31. The interruption or suspension of the supply without the legal or regulatory requirements laid down or outside the legal or regulatory assumptions.
32. The refusal to supply electricity to new users, without any reason to justify it in accordance with the provisions of this Law and its implementing rules.
33. Failure by the distribution companies or carriers of their obligation to carry out the duties and the connection of new supplies or the extension of existing supplies to them in the areas in which they operate, where this is the case required in accordance with the implementing rules.
34. Failure by the companies to distribute the function assigned to them in paragraph 1 (l) of Article 40.2, in the terms provided for in this Law and its implementing rules, where economic injury is derived from this the subjects concerned.
35. Non-compliance by distributors, marketers or charge managers of the legal, technical and economic capacity requirements set out in this Law and its implementing regulations.
36. The non-formalisation of contracts for supply and access to networks by the subjects required to do so according to the rules in force.
37. The reduction, without authorisation, of the production capacity or supply of electricity, including the repeated non-compliance with the obligations of availability by the production units.
38. Any manipulation aimed at altering the price of electrical energy by any subject, as well as the inaccuracy or falsehood of an essential character, in any data, manifestation or document that would imply an alteration of the market of production, or, where appropriate, production dispatch.
39. The non-submission of offers of purchase or sale, in a manner reiterated by the subjects required to do so on the production market.
40. Any other performance in the supply or consumption of electrical energy that represents a percentage alteration of the reality of the supplied or consumed above 15% and which, at the same time, exceeds EUR 300,000.
41. Any action for the alteration or distortion of the result of the tests or inspections carried out on the production facilities.
42. Failure by law enforcement officers to act as representatives of the prohibition to act simultaneously on their own and on behalf of others.
43. With regard to self-consumption, failure to comply with the registration obligation and the application of procedures or economic regimes not expressly provided for in this law and its implementing rules, as well as the non-compliance of any of the technical requirements for application to the different modes of self-consumption where disturbances affecting the quality of supply at the level of the network to which they are connected are produced.
44. Failure to comply with the prohibition set out in Article 20.8.
45. Failure by the operators of the distribution network to comply with the obligations laid down in the exercise of their duties, unless expressly defined as serious.
46. Failure by the dominant operators to comply with the restrictions imposed in the current regulations.
Article 65. Serious infringements. These are serious violations:
1. Failure by the parties to comply with the provisions of this law and its rules for the development of their obligation to carry out external audits in the cases in which they are required.
2. The irregular application of prices, charges, fees or tolls of those regulated in this law or in the provisions of development thereof, in such a way as to produce an alteration in the price that is greater than 10 percent and that, at the time exceeds EUR 30,000. In particular, the non-compliance by the distributor of the provisions of Article 44.1 (c) shall be considered to be a serious infringement where such quantities are exceeded.
3. Failure to comply with obligations arising from the application of the system of charges, prices, tariffs, charges of last resort and tolls, or collection criteria, where it does not constitute a serious injury to the electricity system. In particular, it shall be understood as a breach of those obligations the lack of payment of the toll of access to the transport and distribution networks, as well as of the prices or charges in accordance with the rules laid down by the marketer to the distributor under the terms of paragraph (d) of Article 46.1 of this law. In any event, the failure or delay in the payment of the amounts to which the procedure for the settlement referred to in Articles 18 and 19 and its implementing rules shall be deemed to be non-compliant shall be understood as a breach of those obligations. undue statement of revenue and costs and statements made outside the time limit set, all if not serious damage to the electrical system.
4. Failure to comply with legally binding resolutions or requirements imposed by the competent Public Administration, including the National Markets and Competition Commission, or by the system operator in the field of its functions, where it is not relevant to the functioning of the system.
5. Failure to comply with the provisions contained in the European Union Regulations affecting the electricity sector, unless expressly defined as very serious.
6. Failure to comply with any reporting obligations arising from the application of the existing rules or resulting from the prior requirement by the Public Administration, including the National Markets Commission and the Competence, or the System Operator or the Market Operator, in the field of its functions. In addition, the failure of the system subjects to comply with their reporting or communication obligations to other system subjects shall be considered to be a serious infringement. The non-referral of the information in the form and time limit that is required shall also be considered as a serious infringement. All this when it was not expressly typified as very serious.
7. The inaccuracy or falsehood in any data, manifestation or document that is presented to the Administration, as well as its non-filing in the form and time limit, to the object of the determination or perception of the remuneration regime of the activities with regulated remuneration, which would have an impact on the costs of the system between 1 and 5 per cent of the subject's annual regulated remuneration.
8. Non-compliances as defined in Article 64 (15), (16) and (17) where the circumstances of risk of security of supply or danger or serious harm to persons, property or the environment are not met.
9. Failure to comply with security measures, even if they do not present a manifest danger to property.
10. Failure by those responsible for the extent of the obligation to dispose of the measuring and control equipment and other devices which they regulate have been established where the correct invoicing of the equipment is not prevented. energy supplied or consumed, or where such non-compliance does not involve danger or serious harm to persons, property or the environment.
11. The failure by the parties to comply with the rules in force for the conduct of the processes of high or modification of frontiers, reading and processing of the measures and exchanges of information, as well as of the referral of the information or, where appropriate, their making available to the addressees to whom they are obliged to send them on the terms, within the prescribed period and form of regulation.
12. Failure to comply, by the obligation to do so in accordance with the rules in force, of its obligation to manage the verifications of the measuring equipment, where it would not have been classified as a very serious infringement.
13. The market operator's failure to comply with the functions and obligations corresponding to it in accordance with Article 29.2 and its implementing rules, unless expressly defined as very serious.
14. Failure by the Operator of the System, the carrier, the distributors and the distribution system operators of the distribution of the functions and duties corresponding to them in accordance with the provisions of this Law and their development rules, unless expressly defined as very serious.
15. Failure by the Operator of the System of the obligation to provide information that is necessary for the determination of the remuneration of other servants, or the existence of errors of an essential nature in such information.
16. The non-communication of the information necessary or, if any, of previously unauthorized parameters, to the system operator by the subjects who are obliged to do so for the correct management of the generation dispatch in the isolated systems.
17. The non-compliance by the persons obliged to do so in accordance with the current regulations, of the quality indices of the service referred to in Article 51.2 or of the conditions of quality and continuity of the service.
18. The repeated non-compliance by the undertaking providing for the application of the relevant discounts to consumers affected by interruptions under the conditions laid down in the implementing rules.
19. Unjustified delay in the beginning of service delivery to new users.
20. Any other performance in the supply or consumption of electrical energy, which implies a percentage alteration of the reality of the supplied or consumed greater than 10% and which, at the same time, exceeds EUR 30,000.
21. Failure by distributors or traders to comply with the obligations to maintain a database of all the supply points connected to their networks and to the transport networks in their area, to allow access to them, as well as to equip itself with the necessary IT systems to enable the consultation of the data in the registration of supply points and the reception and validation of applications and communications with consumers and marketers of energy.
22. The repeated and unjustified non-compliance with the time limits and content established for the communications with any of the subjects who must intervene in the change of supplier or in the making of modifications of the conditions of the contracts.
23. The repeated non-compliance by the marketers of the requirements established for the formalization of contracts for the supply of electrical energy, as well as the conditions of hiring and taking over with the customers.
24. The creation of confusion in the information and in the presentation of the brand and brand image of the distribution companies and the reference marketing companies that are part of a group of companies that develops regulated activities and free of the terms provided for in this Law, in respect of the identity of the subsidiaries of the same group performing marketing activities.
25. Failure by the distribution and marketing companies to comply with the maintenance obligations and the proper functioning of a service to the complaints, complaints, incidents in relation to the service contracted or offered, requests for information on aspects relating to procurement and supply or communications, including a telephone service and telephone number, both free of charge, as well as the application of any of the measures of consumer protection in accordance with the provisions of this Law and its development rules, in particular those relating to vulnerable consumers.
26. Failure by distributors, traders or operators of their obligations and the requirements laid down by the rules in force to exercise the activity, unless expressly provided for in this Regulation, typed as very severe or as mild.
27. Non-compliance with the obligations of availability of production units in each programming period.
28. The non-submission of offers of purchase or sale by the subjects required to do so on the production market.
29. Failure by the agents to act as representatives of the obligations laid down in this law and in its implementing rules, unless expressly defined as very serious.
30. The failure by the charge managers to comply with the obligations under this law and its development rules in relation to the resale of electrical energy.
31. Any infringement by market manipulation also in the event of an attempt, use of inside information or lack of disclosure of inside information, as laid down in Regulation (EU) No 1227/2011 of 25 October 2011, on the integrity and transparency of the wholesale energy market or the rules for the development of energy.
32. Failure by qualified and participating subjects to comply with the requirements laid down for regulated electric power auctions provided for in the relevant regulations.
33. The handling of the price of the adjustment services by a market operator by means of offers at excessive prices, which are not justified by the prices offered by the market operator in other segments of the market. production market.
34. The submission of tenders with abnormal or disproportionate values in order to unduly alter the dispatch of the generation units or the market appeal.
35. In relation to self-consumption, failure to comply with the requirements and obligations laid down, where it was not classified as very serious, as well as the incorrect application of the detailed rules and their associated economic arrangements this law and its development regulations.
36. Non-compliance by distributors or marketers of their obligation to implement the demand management programs approved by the Administration.
Article 66. Minor infractions. These are minor violations:
1. Failure by the parties to comply with their obligations in relation to the formalisation of supply contracts where they do not have serious or very serious infringement.
2. Failure to comply with obligations arising out of the Market Rules or Operation Procedures, which do not have the consideration of a very serious or serious infringement in accordance with Articles 64 or 65, where such non-compliance is not (a) prejudice to the functioning of the market or the electrical system.
3. The unjustified failure to comply with the time limits for communications with the marketers and customers and to carry out the change of supplier, as well as to make any changes to the terms of the contracts.
4. The non-compliance by the marketers of the procurement and proxy requirements with the clients.
5. Non-compliance by marketers and distributors of any requirement for information that is required on their invoices.
6. The irregular application of prices, charges, fees or tolls of those regulated in this law or in the provisions of development thereof, in such a way that an alteration in the price occurs, when it has no consideration of serious infringement or very severe.
7. The inaccuracy or falsehood in any data, manifestation or document that is presented to the Public Administration, as well as its non-filing in the form and time limit, to the object of the determination or perception of the remuneration regime of the activities with regulated remuneration, which would have an impact on the costs of the system that does not exceed 1% of the annual regulated remuneration of the subject.
Article 67. Penalties.
1. The infringements set out in Chapter I of this Title shall be sanctioned as follows: a) For the commission of the very serious infringements the infringer fine shall be imposed for amount not less than 6,000,001 euros and not more than 60,000,000 euros. b) The commission of serious infringements shall impose a fine of not less than EUR 600,001 and no more than EUR 6,000,000. c) For the commission of minor infractions a fine will be imposed on the infringer a fine of up to 600,000 euros.
2. In any event the amount of the penalty shall not exceed 10% of the net annual amount of the business figure of the offender, or 10% of the net annual amount of the consolidated business figure of the parent company of the group to which the company belongs, depending on the cases.
3. If, by reason of the circumstances at issue, a qualified reduction in the guilt of the offender or the antilegal person is assessed, or if the economic situation of the infringer is addressed, by reason of his or her assets, of his or her family and other personal circumstances which have been established, the sanction would be manifestly disproportionate, the sanctioning body may determine the amount of the penalty by applying the scale corresponding to the class or classes of offences preceding in gravity the one in which the in the case in question.
4. In any event, the amount of the penalty imposed, within the limits indicated, shall be graduated taking into account the following criteria: a) The danger resulting from the infraction for people's lives and health, the safety of things and the environment. b) The importance of damage or deterioration caused. c) The damages produced in the continuity and regularity of the supply. d) The degree of participation in the action or omission typed as an infringement and the benefit obtained from it. e) The intentionality in the commission of the infraction and the reiteration in it. f) The recidivism by commission within one year of more than one infringement of the same entity when it has been declared by a firm resolution on the administrative path. g) The impact on the economic and financial sustainability of the electrical system. h) Any other circumstances that may affect the greater or lesser degree of the likelihood of the infringement.
5. For the purposes of this law, a non-compliance shall be deemed to be repeated when, within the year immediately preceding its commission, the subject has been sanctioned by a final decision on the administrative basis in accordance with the law. violation.
Article 68. Ancillary sanctions.
1. Very serious infringements may be sanctioned, in addition to the corresponding fine, with one or more of the following ancillary penalties depending on the concurrent circumstances: a) Disablement for the exercise or development of activities in the field of the electricity sector for a period not exceeding three years. b) Suspension, revocation or non-renewal of the authorisations for a period not exceeding three years where applicable. c) Loss of the possibility of obtaining grants, public aid or any additional economic regime under this law and its implementing rules for a period not exceeding three years.
2. Serious infringements in addition to the relevant fine may be sanctioned with one or more of the following ancillary penalties depending on the circumstances: a) Disablement for the exercise or development of activities in the field of the electrical sector for a period not exceeding one year. b) Suspension or non-renewal of authorisations for the exercise or development of activities in the field of the electricity sector for a period not exceeding one year. c) Revocation of authorisations for the exercise or development of activities in the field of the electricity sector. d) Loss of the possibility of obtaining grants, public aid or any additional economic regime under this law and its implementing rules for a period of more than one year.
Article 69. Other measures.
1. In addition to imposing the penalties that apply in each case, the resolution of the sanctioning procedure shall declare the obligation of: a) Restituting things or returning them to their natural state prior to the start of the offending performance within the deadline to be set. b) Where the restitution of things is not possible or the return to their natural state, compensation for irreparable damage equal to the value of the goods destroyed or the deterioration caused, as well as the damage caused, within the deadline to be set. c) Reintegrate the amounts unduly received in cases where the commission of the infringement has assumed the perception of a regulated remuneration that should not have been applicable to it.
2. Compensation for damages shall be required where the refund or replacement is not possible and in any event if there has been damage to public interests. When the damage is impossible or difficult to assess, the cost of restitution and replacement and the value of the damaged goods will be taken into account to fix the compensation. value.
Article 70. Nature of the penalties and allowances. The amount of the penalties and indemnities, as well as the economic content of the other acts of enforcement that are established in application of the precepts of this Law and its provisions of development, will have the nature of the public-law credit and may be required by the administrative procedure for the award, as laid down in the General Rules of Collection, approved by Royal Decree 939/2005 of 29 July.
Article 71. Concurrence of responsibilities.
1. The administrative responsibility for the offences defined in this law does not exclude those from another order to be taken.
2. Penalties imposed on different subjects as a result of the same infringement shall be independent of each other.
3. Acts which have been punishable by criminal or administrative punishment may not be sanctioned in cases where the identity of the subject, fact and substance is assessed.
4. Where the offence may be a criminal offence or a failure, the prosecution procedure shall be transferred from the fault to the Prosecutor's Office, pending the processing of the offence until such time as a final judgment is given. put an end to the cause or return the actions by the Prosecutor's Office.
5. If the existence of a crime has not been appreciated, the competent administrative body shall continue the criminal case. The facts found proven in the final court judgment will bind that body.
Article 72. Extinction of responsibility. The administrative responsibility arising from the infringements covered by this law is extinguished by the payment or enforcement of the sanction and the measures imposed pursuant to Article 69, and by prescription.
Article 73. Competence to impose sanctions.
1. Within the scope of the General Administration of the State, jurisdiction for the imposition of penalties for infringements in the field of electricity shall be: a) To the Council of Ministers for the imposition of sanctions by the Commission for very serious infringements including any of the ancillary sanctions provided for in Article 68. b) to the Minister of Industry, Energy and Tourism for the imposition of sanctions by the Commission for very serious infringements which do not include any of the ancillary sanctions provided for in Article 68. c) The Secretary of State for Energy for the imposition of sanctions by the commission of serious infractions. d) to the corresponding Director General of the Secretariat of State of Energy for the imposition of sanctions by the commission of minor infractions.
2. In the area of the Autonomous Communities, it will be provided for in its own rules.
3. The National Commission for Markets and Competition, in the field of its powers, may impose penalties for the following administrative offences: a) Those classified as very serious in paragraphs 1, 2, 5, 6, 7, 8, 9, 11, 12, 15, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42, 45, and 46 of Article 64. b) Those classified as serious as referred to in the preceding paragraph where, in the circumstances, they cannot be classified as very serious and in particular those classified in paragraphs 1, 4, 5, 6, 13, 14, 15, Article 65, 19, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33 and 34. c) Classified as minor in paragraphs 1, 2, 3, 4 and 5 of Article 66.
4. The General Administration of the State shall be competent to impose sanctions where very serious infringements involving security of supply occur.
Article 74. Limitation of infringements and penalties.
1. The administrative offences provided for in this law shall be prescribed within four years, the very serious, in the three-year period, the serious and in the two-year period the slight.
2. The penalties imposed by the committee on very serious infringements will be prescribed at four years, those imposed for a period of three years and those imposed by light will do so at two years.
3. For the purposes of calculating the time limits for the limitation of infringements and penalties, the provisions of Article 132.2 and 3 of Law No 30/1992 of 26 November. In the case of continued infringement, the limitation period shall begin to count from the moment of the completion of the activity or the last act with which the infringement is consumed. In the event that the facts or activities constituting an infringement are unknown because they are not external signs, the time limit shall be computed from the fact that they are manifest.
CHAPTER III - Sanctioning Procedure
Article 75. Applicable legal regime. The procedure for imposing the penalties provided for in this law, in which the stages of instruction and resolution shall be duly separated, shall be in accordance with the provisions of Law No 30/1992 of 26 November 1992, and regulatory framework for development, with the particularities set out in the other articles of this chapter.
Article 76. Initiation. The sanctioning procedures for the administrative offences defined in this law shall be initiated on their own initiative by agreement of the corresponding Director-General of the Secretariat of State of Energy, or of the body of the Address which is expressly attributed to the competition, either on its own initiative or as a result of higher order, reasoned request from other administrative bodies or by complaint. This, however, in the procedures sanctioning the administrative offences which fall within the scope of the action and the tasks entrusted to it by the National Commission on Markets and Competition, the instruction and resolution shall be carried out by the bodies established by Law No 3/2013 of 4 June of the establishment of the National Commission on Markets and Competition and in the Organic Statute of the Commission.
Article 77. Provisional measures.
1. At any time of the sanctioning procedure, the corresponding Director-General of the Secretary of State for Energy or the competent body of the National Markets and Competition Commission may adopt, after hearing the person concerned and by means of a reasoned decision, any measure which, having regard to the circumstances of the case, is necessary to ensure the effectiveness of the decision which may be placed on the procedure or the good end of the procedure, and to avoid maintenance the effects of the infringement, if there are sufficient evidence to do so. The notification of these measures shall, where appropriate, be accompanied by a location for the failure or the constituent irregularity of the infringement to be remedied.
2. Also, in cases of urgency and where there may be a certain risk for the security of the electrical supply, they may be adopted by the relevant Director-General of the Secretariat of State for Energy or by the competent authority of the National Commission of the Markets and Competition, prior to the initiation of the procedure sanctioning and ex officio or at the request of a party, the measures necessary to guarantee such security and supply, in the provided for in Article 72.2 of Law 30/1992 of 26 November.
3. Expenditure arising from the measures provided for in this Article shall be borne by the natural persons and entities responsible for the non-compliances, deficiencies or irregularities which have justified them.
Article 78. Instruction. The instruction of the sanctioning procedures arising from the administrative infractions established in this law as well as the file, after its resolution, of the actions carried out will correspond to the organ of the Directorate General of the Secretariat of State of Energy or, where appropriate, the body of the National Commission of the Markets and the Competition which has responsibility for such competition.
Article 79. Deadline for resolving and reporting. The time limit for resolving and reporting on sanctioning procedures for the administrative offences defined in this law will be eighteen months in cases for very serious and serious infringements, and nine months when they are opened for minor infringements. Elapsed this time without express resolution, the corresponding Director General of the Secretary of State of Energy or, where appropriate the organ of the National Commission of the Markets and of the Competition that has attributed that jurisdiction shall declare the expiry of the procedure and order the file of the proceedings, with the effects provided for in Article 92 of Law No 30/1992, of 26 November.
Article 80. Effects of the resolution.
1. The resolution shall be enforceable when terminating the administrative path.
2. The resolution shall, where appropriate, take the necessary precautionary measures to ensure that they are effective as long as it is not enforceable. Additional disposition first. Periodic penalty payments. To ensure compliance with the resolutions or information requirements they dictate, the Ministry of Industry, Energy and Tourism or the National Commission of the Markets and Competition may impose periodic penalty payments. in the case of a daily amount of EUR 100 up to EUR 10 000, in accordance with the terms of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. The amount of the fines will be fixed on the basis of the following criteria: a) The danger resulting from the infraction for people's lives and health, the safety of things and the environment. b) The importance of damage or deterioration caused. c) The damages produced in the continuity and regularity of the supply. d) The economic damage caused. Coercive fines shall be independent of any sanctions that may be imposed and compatible with them. The amount of periodic penalty payments provided for in this provision will be entered into the Treasury. Additional provision second. Occupation of land sea public domain for high voltage overhead lines. For the purposes referred to in Article 32 of Law 22/1988 of 28 July 1988, the Council of Ministers, acting on a joint proposal from the Ministers of the European Communities, on a joint proposal from the Ministries of Development, Agriculture, Food and the Environment and Industry, Energy and Tourism, taking into account environmental and landscape values, will be able to authorize the aerial laying of high-voltage power lines in the public maritime-terrestrial domain, provided that they are not located in stretches of coast that constitute a beach or other areas of special protection. Additional provision third. Desestimatoria effects of the lack of express resolution notification. Requests for administrative decisions to be made in accordance with this law and specific nuclear legislation may be understood to be rejected if no express resolution is notified in the the time limit for the implementation of the implementing provisions. Additional provision fourth. Step easements. The easement of electric power, both aerial and underground, as referred to in Article 57, constituted in favour of the transport, distribution and supply network, includes those lines and telecommunications equipment. they may be carried out by them, whether they are for the service of self-provision of electricity, or for the provision of publicly available electronic communications services and, without prejudice to the case-law, which, where appropriate, may correspond, to aggravate this easement. Equally, the existing authorisations referred to in Article 56.2 include those lines and telecommunications equipment which may be used by them, with the same objective scope and autonomy as they result from the previous. Additional provision fifth. Legal capacity of the subjects of the Iberian Electricity Market. The subjects of the Portuguese electricity sector are recognized as capable of acting in the electricity markets provided for in the International Convention on the Establishment of an Iberian Electric Power Market between the Kingdom of Spain and the Portuguese Republic of 1 October 2004, provided that they are within the meaning of Article 3 thereof, and in accordance with the rules in force in Spain. Additional provision sixth. Financing of electrical system mismatches.
1. The obligation to finance mismatches and deviations resulting from a revenue shortfall and the limits laid down in Article 19 shall apply to the liquidations to be carried out from the financial year 2014 and for the debt accumulated since 1 January 2014.
2. The holders of receivables corresponding to the deficit or mismatches of the liquidations of those activities with regulated remuneration up to and including the financial year 2013 shall not be affected by this obligation to financing as regards the specific amounts corresponding to those rights.
3. The collection rights corresponding to the revenue deficit of the settlement system generated from 1 January 2013 shall not be transferred by its holders to the Electricity System Deficit Holder Fund. Additional provision seventh. Limitation of the rights and obligations of the electrical system.
1. They will prescribe at age 15: a) The right to recognize or liquidate credits in favor of the electrical system. b) The right to the recovery of recognised or settled claims, from the notification of the act which declares them definitively. c) The right to recognition or settlement by the system of obligations under the system. d) The right to require payment of the obligations already recognised or cleared, from the notification of the act which declares them definitively. e) The right to the modification or revocation of the regulated remuneration that the subjects defined in Article 6 of this law perceive, counted from the time the action is taken to determine that law.
2. The limitation of the rights and obligations of the electrical system shall be interrupted in accordance with the provisions of the Civil Code and shall apply ex officio.
3. Notwithstanding the foregoing, the government may regulate the terms of the computation and the alleged interruption of the aforementioned deadlines. Additional disposition octave. Reports of the electricity production market. Market mechanisms that encourage the term procurement.
1. The Ministry of Industry, Energy and Tourism, pursuant to the provisions of Article 5.2 of Law 3/2013, of 4 June, may ask the National Commission for Markets and Competition to carry out analysis related to the market of the production and supply of electricity, where reasons of general interest are present or evidence of lack of effective competition is observed.
2. The National Commission of the Markets and the Competition is enabled to make a proposal to the Government to establish by regulatory mechanisms market mechanisms that encourage the hiring of electricity. Such mechanisms shall take the form of a primary emission of a certain amount of electrical energy, equivalent to a given power, under the conditions and during the period of time specified in the emission, or other forms permitting increase competition in the electricity system and liquidity of its markets. Additional provision ninth. Special legislation on nuclear energy. Electrical energy production facilities to which the special legislation on nuclear energy is applicable shall be governed by it in addition to the provisions of this law. Additional provision 10th. First regulatory period.
1. For the purposes set out in Article 14 (4) of this Act, and irrespective of the date of commencement in each of the activities, the first regulatory period shall end on 31 December 2019. As of 1 January 2020, the following regulatory periods will be followed in a row.
2. For the production activities from renewable energy sources, cogeneration and waste with specific remuneration, the first regulatory period will start on the date of entry into force of Royal Decree-Law 9/2013, of 12 July. In this period, the value on which the profitability of the reference-type projects for the competitive competition procedures provided for in Article 14.7, before tax, will be made, will be the average return on the Secondary market of the three months prior to the entry into force of Royal Decree-Law 9/2013, of July 12, of the State Obligations to ten years increased by 300 basis points.
3. For the transport and distribution activities, the first regulatory period will be initiated since the actual decrees mentioned in Articles 5 and 6 of the Royal Decree-Law 13/2012 of 30 March, which develop the methodology, have been implemented. of remuneration for the transport and distribution activities respectively. Without prejudice to the provisions of Royal Decree-Law 9/2013 of 12 July 2013 for the calculation of the remuneration to be paid in the second period of 2013 and for the calculation of the remuneration to be collected as from 1 January 2014 and successive years in which Articles 4.2 and 5.2 of that royal decree-law apply, the rate of remuneration of the asset entitled to remuneration in charge of the electricity distribution and transport system for the first Regulatory period, will be the average of the performance of the State Obligations to ten years in the market of the three months prior to the entry into force of Royal Decree-Law 9/2013, of July 12, increased by 200 basis points.
4. For production activities in non-peninsular electrical systems, the first regulatory period will start from the implementation of the real decree that will develop the review of its remuneration framework. The remuneration scheme to be established shall be in accordance with the provisions of Article 7 of Royal Decree-Law 13/2012 of 30 March 2012 in Article 37 of Royal Decree-Law 20/2012 of 13 July 2012 on measures to ensure stability The Committee on Budgets and the Committee of the Regions on the promotion of competitiveness, this law and the Law on the guarantee of supply and increased competition in island and extra-island electrical systems. In this first regulatory period, the rate of remuneration for the calculation of the financial remuneration of the investment of each group with additional remuneration will be the average of the performance of the State Obligations to ten years on the secondary market of the three months prior to the entry into force of Royal Decree-Law 9/2013 of 12 July, increased by 200 basis points. All of the above must be without prejudice to the application as of 1 January 2012 of the provisions corresponding to the provisions of Article 7 of Royal Decree-Law 13/2012 of 30 March 2012 and in the Article 37 of the Royal Decree-Law 20/2012 of 13 July. Additional provision eleventh. References to the specific remuneration scheme. For installations for the production of electrical energy from renewable energy sources, high-efficiency cogeneration and waste, the allusions to the specific remuneration scheme provided for in Article 4 (e) of the Article 14.7 shall be construed as being made to any of the primary economic regimes which existed prior to the entry into force of this law. Additional disposition twelfth. Consumers allowed to pour power into the network.
1. The Ministry of Industry, Energy and Tourism may authorise, on the basis of a regulation and exceptionally, certain consumers of electrical energy connected in high voltage, which due to the introduction of a system of energy saving and energy efficiency at certain times of recovered electrical energy that cannot be consumed in its own installation, to pour energy into the grid.
2. These consumers shall, by means of the energy poured, have to deal with the same economic regime as is the result of the application of Article 9.3. Additional disposition thirteenth. International cooperation mechanisms for the implementation of the commitments arising from the renewable energy directive.
1. The General Administration of the State shall provide the framework for the implementation of the cooperation mechanisms provided for in Community legislation for the promotion of the use of energy from renewable sources. The application of these mechanisms will at all times ensure the safety of the electrical system and cannot in any event lead to a reduction or loss of energy from renewable sources produced in Spain.
2. The implementation of the relevant projects or individual actions will be subject to approval by the Ministry of Industry, Energy and Tourism which, for this purpose, will take into account the condition of the energy transport structures and energy planning as a whole. Additional disposition fourteenth. Production technologies that would not have achieved the objectives.
1. A remuneration scheme, adjusted as provided for in Article 14.7, may be established on the basis of technologies for which the power objectives laid down in Royal Decree 661/2007 of 25 May 2007 would not have been reached. This scheme will be awarded to a maximum of 120 MW.
2. In order to be successful in this scheme, the facilities must not have been registered in the Register for the provision of remuneration and are in one of the following situations: a) That they would have submitted an application for registration in the pre-allocation register under Article 4 of Royal Decree-Law 6/2009 of 30 April 2009 laying down certain measures in respect of the the energy sector and the social bond is approved, that said application would have had entry in the administrative register of the Ministry of Industry, Energy and Tourism, and that they meet the requirements of article 4.3 of the Royal Decree-Law 6/2009, of 30 of April, all before the date of entry into force of Royal Decree-Law 1/2012. b) which have a definitive entry into service for the whole of the power in the 30 calendar days after the entry into force of this law.
3. The specific remuneration scheme and the procedure for allocating it shall be laid down in a regulation, not requiring the obligation to grant the remuneration scheme by means of a concurrency procedure. Article 14 (7) (a) and (c) shall be competitive.
4. For the purposes of the allocation of the specific remuneration scheme, the facilities shall be prioritised according to the following criteria until the expected quota is reached:
1. The fulfillment of paragraph 2.a) above.
2. The compliance with paragraph 2.a), with the exception of the requirements of Article 4.3 of Royal Decree-Law 6/2009 of 30 April 2009 and the fulfilment of paragraph 2.b).
3. The fulfillment of paragraph 2.b) above.
5. Where the expected quota is exceeded, a priority shall be established within each of the criteria set out in paragraph 4, in accordance with the date of administrative authorisation, in the first case, and of the entry into service for the second and third cases. Additional provision 15th. Financing of the extraction of production activity in electrical systems in non-peninsular territories. Since January 1, 2014, the extractions are derived from the production activity of electrical energy when they are developed in the electrical systems isolated from the non-peninsular territories according to the provisions of the Law of the Electricity Sector, will be financed by 50 percent of the State's General Budget. For these purposes, the General Budget Law of the State for each year shall incorporate a budgetary appropriation intended to cover the provisional estimate of the withdrawals to be financed from the financial year and, where appropriate, the balance resulting from the final settlement of the budgetary compensation for previous years. Budget offsets will not have the cost consideration of the electricity system. With the participation of the General Intervention of the State Administration, a mechanism for the control and recognition of the budgetary compensations, as well as the liquidation procedure, will be determined. provisional as definitive, of the same. In any event, the system of liquidations of the electricity system managed by the settlement body will act as a subsidiary financing mechanism, having only these effects, the nature of the costs of the system electrical. Additional provision sixteenth. Amendment of the fifth additional provision of Law 17/2012 of 27 December of General State Budgets for the year 2013. The additional fifth provision of Law 17/2012 of 27 December is worded as follows: " Additional disposal fifth. Contributions for the financing of the Electricity Sector.
1. In the General Budget Laws of the State of each year, it will be used to finance the costs of the electricity system provided for in the Law of the Electricity Sector, referring to the promotion of renewable energies, an amount equivalent to the sum of the following: a) The estimation of the annual collection derived from the taxes included in the law of fiscal measures for energy sustainability. b) 90 percent of the estimated revenue from the auction of greenhouse gas emission allowances, with a maximum of 450 million euros.
2. 10 percent of the estimated revenue from the auction of greenhouse gas emission allowances, with a maximum of 50 million euros, is affected by the policy of combating climate change.
3. Such contributions shall be made by means of monthly bookings for a maximum amount of the actual collection of charges, fees and charges for auctioning of allowances in the preceding month, as certified by the competent bodies of the Ministry of Finance and Public Administrations and provided that the figure indicated in the case of allowances is not exceeded. The contribution to be made on the basis of the December collection shall be made from the budget for the following financial year.
4. The funds allocated to the policy to combat climate change shall also be available only to the extent that the proceeds from the auctioning of allowances have been previously incurred and the limits indicated in the paragraph 2. " The second provision of Law 15/2012, of December 27, is worded as follows: " Additional Disposition Second. Costs of the electrical system. Additional 17th disposition. Amendment of the second provision of Law 15/2012 of 27 December 2012 on tax measures for energy sustainability. In the General Budget Laws of the State of each year, it will be used to finance the costs of the electricity system provided for in Article 13 of the Law of the Electrical Sector, an amount equivalent to the sum of the following: a) The estimation of the annual collection derived from the taxes and charges included in this Law. b) The estimated revenue from the auction of greenhouse gas emission allowances, with a maximum of 500 million euros. "18th additional disposition. Deficit for the year 2013. For the year 2013, there is a recognition of a deficit in the revenue of the electricity system for the maximum amount of EUR 3.6 billion, without prejudice to any temporary mismatches that may occur in the system. of electrical liquidations for that year. This deficit will result in collection rights consisting of the right to receive an amount of the monthly billing for the system revenue provided for in Article 13 (2) (a), (b), (c) and (e) of this Act. Fifteen successive years from 1 January 2014 to their satisfaction. The amounts contributed by this concept shall be returned by recognition of an interest rate on terms equivalent to those of the market to be fixed in the order for which tolls and charges are to be reviewed. For the financing of such deficits, the corresponding collection rights may be granted in accordance with the procedure to be determined by the Government. Additional 19th disposition. Generation facilities from renewable energy sources, high efficiency cogeneration and waste, located in non-peninsular electrical systems. Generation facilities from renewable energy sources, high-efficiency cogeneration and waste, located in non-peninsular electrical systems than the date of entry into force of Law 17/2013, 29 of October, in order to guarantee the supply and increase of competition in island and extra-island electricity systems for administrative authorization, shall be exempt from the application of Article 2 of the Treaty. cited law.
320 th additional disposition. Plan Renove cogeneration and waste facilities. In the regulatory framework determining the system of energy efficiency obligations arising from the implementation of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 and with the aim of Contribute to the national energy efficiency objective of Article 3.1, programmes for the renewal of cogeneration and waste facilities shall be developed. First transient disposition. Application of previous provisions and references to Law 54/1997 of 27 November of the Electrical Sector.
1. As long as the detailed rules for the application of this law are not required for the application of any of its provisions, the relevant provisions in force in the field of electrical energy shall continue to apply.
2. The references made in the regulations to Law 54/1997, of 27 November, of the Electrical Sector, will be understood to be realized to the equivalent concepts regulated in this law. In particular: a) The references in the sectoral legislation to island and extra-island electrical systems shall be construed as being made to the electrical systems of non-peninsular territories. b) Existing references in the electricity sector regulation to permanent costs and costs of diversification and security of supply shall be understood as costs of the system.
3. Notwithstanding the foregoing, the references in the sectoral legislation to the ordinary regime and to the special scheme shall be construed as being made to the definition of such schemes in force prior to the entry into force of this law. Second transient disposition. Cases of electrical installations in processing.
1. The procedures for the authorisation of electrical installations initiated prior to the entry into force of this Law shall be processed until their resolution in accordance with the previous legislation.
2. The procedures referred to in the preceding paragraph shall continue to be dealt with until their decision by the administration or regulatory body which is competent under the previous legislation, to which the resolution of the the resources that, if any, could be brought in. Transitional provision third. Supplier change office. The office of change of supplier will continue to perform until 30 June 2014 the functions it had attributed to it in accordance with the provisions of Article 47a of Law 54/1997, of 27 November, in Article 83a of Law 34/1998 of 7 October, of the hydrocarbon sector and its development regulations. As of this date, these functions will be performed by the National Markets and Competition Commission, which will have access to the Consumer Data and Gas Supply and Electricity Points. Transitional disposition fourth. Legal separation of activities. Distributor companies with less than 100,000 customers connected to their networks which, at the entry into force of this law, do not comply with the provisions of Article 12 that will apply to it will have a period of three years. years from the entry into force of this law for the fulfilment of those requirements. Transient disposition fifth. Details of certain income obligations relating to the settlement of the specific remuneration scheme.
1. Those income obligations corresponding to the account liquidations made under paragraph 2 of the third transitional provision of Royal Decree-Law 9/2013 of 12 July 2013 adopting urgent measures to ensure that the financial stability of the electricity system, as well as other settlements resulting from changes or cancellations of registrations in the register of specific remuneration made under the second paragraph of the transitional provisions of this law, shall present the following particularities: a) In the event of non-compliance with an obligation of entry by the indirect representatives of the subjects of the electrical system to which payments for settlements are to be made in accordance with Article 18 of this law, this income obligation may be compensated with the corresponding receivables to the same subject represented, even if they correspond to different settlements and even if at the time of carrying out such compensation had another representative. Compensation shall not be granted in cases where the represented subject has paid the representative the amount corresponding to the income obligation. In any event, the compensation of the right of recovery shall leave the amounts corresponding to the representative in terms of representation of the subject to the exception. b) In the event of non-compliance with an income obligation on the part of the electrical system subjects to which payments for settlements are to be made, this income obligation may be compensated by the collection for the same subject, even if these correspond to different settlements.
2. In those cases where the non-compliance with the income obligation corresponding to a producer subject or his indirect representative would not have been satisfied in full as provided for in the preceding paragraph, it may be compensated by the amounts corresponding to the participation in the energy market from the production facilities of the ownership of the former.
3. The terms and limitations of compensation for the income obligations set out in this provision will be established. Transient disposition octave. The rights of access and connection rights granted. Transitional disposition sixth. Registration of facilities in the Register of specific remuneration scheme. Notwithstanding the provisions of Article 27 of this Law, the installations which, at the entry into force of this law, are entitled to the perception of the primate economic regime, will continue to be perceived as a payment on account, in the terms provided for in the third transitional provision of Royal Decree-Law 9/2013 of 12 July 2013 adopting urgent measures to ensure the financial stability of the electricity system. Without prejudice to the provisions of Article 27 of this Law, the procedure will be established in which the facilities that the entry into force of this law have the right to the perception of the economic regime (a) they shall be entered in the register of a specific remuneration scheme and shall be wound up under the relevant specific remuneration scheme. In the same way, the procedure for the revision and correction of the registration data and, where applicable, the cancellation of the registration should be established if it is established that the installation is not entitled to the perception of the remuneration scheme. This procedure will, in any case, guarantee the hearing to the person concerned, the maximum time being to dictate and notify your one-year resolution. Transitional disposition seventh. Transitional application of Articles 38 and 42 of Law 54/1997 of 27 November of the Electrical Sector. Notwithstanding the provisions of Article 38 (2) and (3) (2) and (3) and Article 42 (2), (3) and (4) of Law 54/1997 of 27 November 1997, as provided for in Article 38 (2) and (3) and Article 38 (3) of Regulation (EC) No 54/1997, shall remain in force until Article 33 of this law is applicable. Access and connection rights to a particular network point already granted prior to the entry into force of this law shall expire if any of the following circumstances are present: a) Not having obtained exploitation authority from the associated generation facility at the largest of the following deadlines:
1. Five years since the entry into force of this law.
2. Five years from obtaining the right of access and connection at a point in the network. b) For those generation plants which have obtained operating authorisation, they shall cease in the discharge of energy to the network for a period exceeding three years for reasons attributable to the holder other than the closure temporary. transient disposition ninth. Exemption from the obligation laid down in Article 9.3 of this Law until 31 December 2019 for cogeneration installations and for installations covered by the additional provision of Royal Decree 1955/2000, 12th of 1 December, for which the activities of transport, distribution, marketing, supply and authorisation procedures of electrical power installations are regulated.
1. The electricity production facilities with cogeneration which, at the entry into force of this law, will be definitively registered in the administrative register of production facilities of electricity dependent on the Ministry of Industry, Energy and Tourism meeting the performance requirements of the Royal Decree 661/2007 of 25 May 2007, which regulates the activity of electrical energy production and maintains its compliance, shall be exempt from the obligation laid down in Article 9.3 until 31 December 2019.
2. Consumers of electrical energy, which, at the entry into force of this law, have been subject to the authorization referred to in the additional provision of Royal Decree 1955/2000 of 1 December 2000 on the transport, distribution, marketing, supply and authorisation procedures for electrical energy installations before 1 June 2013 shall be exempt from the obligation laid down in paragraph 2 of this Article. Additional 10th provision until 31 December 2019. Transient disposition tenth. Vulnerable consumer and social bond.
1. Until the provisions of Article 45.1 are developed, the social bond shall be entitled to the supplies of consumers, who are natural persons, with a contracted power of less than 3 kW in their usual housing. Also, consumers with 60 or more years of age will be entitled to be pensioners of the Social Security System for retirement, permanent incapacity and widower and to receive the minimum amounts in force in the each time for such pension classes in respect of the holders with a spouse in charge or the holders without a spouse who live in a single-member economic unit, as well as the beneficiaries of pensions from the compulsory retirement pension and Invalidity and non-contributory pension and invalidity pensions over 60 years of age. In addition, consumers will have the right to be numerous families and consumers who credit to be part of a family unit that has all its members in a situation of unemployment.
2. The procedure for crediting the conditions giving entitlement to the allowance shall be governed by the provisions of the Resolution of 26 June 2009, by the Secretary of State for Energy, determining the procedure for the implementation of the social bonus.
3. In accordance with the first transitional provision of Royal Decree-Law 9/2013 of 12 July 2013 adopting urgent measures to ensure the financial stability of the electricity system, and until the planned order is approved, Article 45.4 of this law, the distribution of the cost of the social bond shall be made in accordance with the fourth additional provision of Order IET/843/2012 of 25 April 2012 establishing the access tolls from 1 April 2012 and certain tariffs and premiums for the special arrangements. Also, until the rate of last resort provided for in Article 45.3 is fixed, the provisions of the fifth additional provision of the IET/843/2012 order of 25 April 2012 shall apply. On an extraordinary basis and until 31 December 2014, the Government may exempt the application of the competitive competition procedure provided for in Article 14.7 (a) and (c) from the granting of a remuneration specific to certain renewable generation technologies in non-peninsular electrical systems, where their introduction would lead to a significant reduction in the costs of generating the electricity system and provided that they are put into service is produced before 31 December 2016. transient disposition thirteenth. Settlement procedure. Transient disposition eleventh. Applicability of Article 33. The provisions of Article 33 shall apply once the actual decree approving the criteria for the granting of access and connection permits as provided for in that article has entered into force. Transient Disposition twelfth. Mechanism for granting specific remuneration for renewable installations in non-peninsular electrical systems. Until the regulatory development of the general settlement procedure in accordance with the provisions of Article 18.2 of this Law, the procedure laid down in Royal Decree 2017/1997 of 26 May 1997 shall apply. December, for which the procedure for the settlement of the costs of transport, distribution and marketing at the rate of the permanent costs of the system and the costs of diversification and security of supply is organized and regulated, with the following particularities: a) The provisions of Article 19.3 of this Law shall apply for the purpose of financing any mismatches or deviations between revenue and costs. b) In general, in the case of activities with regulated remuneration corresponding to a cost item of the electricity system, the recovery of such remuneration shall be carried out on the basis of the provisional liquidations of each exercise for which they have been established, applying to all activities equal distribution in recovery, in accordance with Article 18.2 of this Act. Transitional disposition fourteenth. Application of charges. Until the development of the methodology of calculation of the charges in accordance with the provisions of Article 16 of this Law, the quantities to be met by the consumers to cover the costs of the system will be fixed by the Minister of Industry, Energy and Tourism, prior to the Agreement of the Government Delegation for Economic Affairs.
15 th transient disposition. Application of the incompatibilities regime contained in Article 20.8 of this Law. The contracts referred to in Article 20.8 which have been awarded prior to the entry into force of this law, as well as their extensions, revisions, modifications and any other contractual relations which (a) bring about or be provided for in such contracts and which are awarded after the entry into force of this law, shall be governed by the rules in force at the time of the holding of the first, not by the application of the incompatibilities provided for in that Article 20.8. Transient disposition sixteenth. Financing for the production of land in island and extra-island territories. The extractions are derived from the activities of electrical energy production in 2013 when they are developed in island and extra-island territories according to the provisions of the Law of the Electrical Sector, they will be financed by the electricity sector settlement system, considering these effects as the cost of the electricity system for the financial year 2013. Single repeal provision. Regulatory repeal.
1. Expressly repealed: a) Law 54/1997 of 27 November of the Electrical Sector, with the exception of the sixth, seventh, 21st and 20th third provisions, and without prejudice to the provisions of the third final provision of the present law. b) Article 24 of Royal Decree-Law 6/2010 of 9 April 2010 on measures to promote economic recovery and employment. c) The first provision of Royal Decree-Law 14/2010 of 23 December 2010 establishing urgent measures for the correction of the tariff deficit in the electricity sector. d) The additional 15th of the Royal Decree-Law 20/2012 of 13 July 2012 on measures to ensure budgetary stability and to promote competitiveness. e) Articles 3 and 4 of Royal Decree-Law 2/2013 of 1 February 2013 on urgent measures in the electricity system and in the financial sector. f) With effect from 19 October 2013, Law 15/2013 of 17 October 2013 establishing the financing from the General Budget of the State of certain costs of the electricity system, caused by the economic incentives for the promotion of the production of electricity from renewable sources of energy and an extraordinary appropriation of EUR 2,200,000,000 is granted in the budget of the Ministry of Industry, Energy and Tourism. g) The fourth additional provision of Royal Decree-Law 9/2013 of 12 July adopting urgent measures to ensure the financial stability of the electricity system. h) Article 83a of Law 34/1998 of 7 October of the hydrocarbon sector.
2. Likewise, all rules of equal or lower rank are repealed as soon as they contradict or oppose the provisions of this law. Final disposition first. Amendment of Law 54/1997 of 27 November of the Electrical Sector. The additional twenty-first provision of Law 54/1997, of 27 November, of the Electrical Sector, which maintains its validity and is worded as follows: " Additional 20th disposition. Sufficiency of access tolls and revenue mismatches of regulated activities in the electricity sector.
1. In the event of temporary mismatches during the year 2013, the fund accumulated in the specific account referred to in the Royal Decree 2017/1997 of 26 December, for which the procedure for the liquidation of costs is organised and regulated transport, distribution and marketing at tariff, the permanent costs of the system and the costs of diversification and security of supply, opened in a depository system will throw a negative balance, it will be liquidated by the Commission National of the Markets and the Competition or, where appropriate, the settlement body to which it corresponds, in the monthly settlements by applying the following percentages: "Iberdrola, S. A.": 35.01 per 100. "Cantabrian Hydroelectric, S. A.": 6,08 per 100. "Endesa, S. A.": 44.16 per 100. "EON Espana, S. L.": 1.00 per 100. "GAS Natural S.D.G., S. A.": 13.75 per 100. Companies will have the right to recover the contributions for this concept in the settlements corresponding to the fifteen years following the year in which they were produced. The amounts contributed by this concept shall be returned by recognition of an interest rate on terms equivalent to those of the market to be fixed in the order for which tolls and charges are to be reviewed. Prior to 1 December 2014, a supplementary settlement of the provisional settlement 14 of the financial year 2013 shall be carried out, including the amounts to that date that have been incorporated from the corresponding revenue items. The revenue mismatch of the electricity system for the financial year 2013 shall be determined on the basis of this supplementary winding-up of that financial year.
2. Until 1 January 2013, the provisions for the approval of the access tolls shall expressly recognise the revenue shortfalls which, where appropriate, are deemed to be likely to occur in the settlement of the regulated activities in the electrical sector. In addition, it will be understood that temporary mismatches occur, if as a result of the liquidations of the regulated activities in each period, a higher income deficit will result from the provision for which the approved the corresponding access tolls. Such temporary mismatch shall be expressly recognised in the approval provisions of the access tolls for the following period. When due to the occurrence of temporary mismatches, the fund accumulated in the specific account referred to in Royal Decree 2017/1997 of 26 December, opened in a deposit scheme will result in a negative balance, this will be settled by the National Commission on Markets and Competition in monthly settlements by applying the following percentage shares: "Iberdrola, S. A.": 35.01 per 100. "Cantabrian Hydroelectric, S. A.": 6,08 per 100. "Endesa, S. A.": 44.16 per 100. "EON Espana, S. L.": 1.00 per 100. "GAS Natural S.D.G., S. A.": 13.75 per 100. These percentages of distribution may be modified by royal decree, when significant divestitures affecting companies in the distribution activity occur, when structural changes occur. substantial in the generation activity that so warrants or as a result of significant investments or divestitures in generation assets. Companies will have the right to recover contributions for this concept in the 14 settlements for the period in which the access fees are modified for the recognition of such temporary mismatch. The amounts contributed by this concept shall be returned by recognition of an interest rate on conditions equivalent to those of the market to be fixed in the order for which the tolls are approved.
3. If the amount of the temporary mismatch as defined in paragraphs 1 and 2 is not known at the time of the approval of the provision approving the access tolls for the following period, this provision shall be recognised in a manner expresses, including any interest which may be payable, the amounts which, where appropriate, are estimated to be financed. The Directorate-General for Energy Policy and Mines is enabled to modify these amounts by the ones actually financed by each of the companies, when the information is available from the liquidation 14 of the financial year corresponding. For the year 2013, account shall be taken of the information on the supplementary settlement of settlement 14 of that financial year. The difference between the amounts recognised with the settlement information 14 and those resulting from the final settlement of the relevant financial year shall be considered to be a cost or a liquidable income of the exercise in which it occurs. For the year 2013, account shall be taken of the supplementary settlement information for settlement 14.
4. However, for the years 2009, 2010, 2011 and 2012, the revenue shortfall provided for in the provision for which the corresponding access tolls were approved will not exceed € 3.5 billion, € 3 billion, € 3 billion euros and 1.5 billion euros, respectively. Also, the temporary disadjustments of electricity system settlements that occur in 2010, up to a maximum amount of 2.5 billion euros, and in 2012, in the amount of 4,109,213 thousand euros, will have the consideration Revenue deficit of the system of electricity liquidations for 2010 and 2012, respectively, which will generate receivables that may be transferred by its holders to the Fund for Deficit Entitlement of the Electricity System, considering the amount for the year 2012 as definitive for the purpose of the disposal.
5. The deficit in the system of electricity settlements will generate collection rights consisting of the right to receive an amount of monthly billing for access tolls or charges from successive years to their satisfaction. The amounts contributed by this concept shall be returned by recognition of an interest rate on conditions equivalent to those of the market to be fixed in the order for which the tolls are approved. The payments made by the National Commission on Markets and Competition or, where appropriate, the body responsible for the settlement, necessary to satisfy the rights of recovery, shall be considered to have system costs and collect through the charges established in accordance with the provisions of this Law until their full satisfaction. For the financing of such deficits, the corresponding receivables may be granted to a securitisation fund which shall be constituted for these purposes and shall be referred to as the Electricity System Deficit Titling Fund, as referred to in the fifth additional provision of Law 3/1994 of 14 April, adapting the Spanish legislation on credit institutions to the Second Banking Coordination Directive and introducing other amendments concerning the financial system, the provisions of the provisions of Royal Decree 926/1998 of 14 (a) May, for which the asset-securitisation funds and the management companies of securitisation funds are regulated. The establishment of the Electricity System Deficit Titling Fund will require the favorable prior report of the Ministry of Economy and Competitiveness. The asset of the securitisation fund shall consist of: a) Collection rights generated and not transferred to third parties by the initial rightholders up to EUR 10 billion as of 31 December 2008. The price of the transfer of these rights and the conditions of their transfer will be determined by royal decree, on the joint proposal of the holders of the Ministries of Industry, Energy and Tourism and of Economy and Competitiveness. b) The rights of recovery to which the financing of the deficits generated from 1 January 2009 to 31 December 2012, the characteristics of which, as well as the price and conditions of disposal, shall be established by real a joint proposal from the ministers of the Ministries of Industry, Energy and Tourism and the Economy and Competitiveness.
6. The liability of the securitisation fund shall be made up of the financial instruments issued through a competitive procedure to be regulated by royal decree, on a joint proposal from the holders of the Ministries of Industry, Energy and Tourism and Economic and Competitiveness.
7. The management company of the securitisation fund shall be designated by the Commission, which is believed to be dependent on the Ministry of Industry, Energy and Tourism which it shall chair. The Commission shall be composed of representatives of the Ministry of Industry, Energy and Tourism and the Ministry of Economy and Competitiveness. In the light of the nature of the role assigned to the Commission, the Commission may have the technical advice of the National Commission on Markets and Competition and the National Securities Market Commission for the special conditions of the experience and knowledge in such bodies. The designation, by the Commission, of the management company must be carried out in accordance with the principles of objectivity, transparency and publicity, and between management companies that have recognized and proven professionals. experience in the field. In its organization and operation, the Commission shall be governed by the provisions of Law 30/1992 of 26 November, and its composition shall be established in terms of number of members and hierarchical rank. The extinction of this Commission will occur automatically after the end for which it was created.
8. In addition, to cover any cash gap between income and payments of the securitisation fund, according to the Government Delegated Committee for Economic Affairs, a credit line may be established on market terms.
9. Pursuant to Article 114 of Law 47/2003, of 26 November, General Budget, the General Administration of the State is authorised, until 31 December 2013, to grant guarantees in respect of obligations (a) the financial instruments to be used by the Fund for the Deficit Entitlement of the Electricity System, resulting from the emission of financial instruments by that Fund, which shall be the assets of the Fund; The maximum amounts for the granting of the endorsements referred to in the paragraph shall be those that determine the corresponding laws of general government budgets. The granting of the endorsements must be agreed by the holder of the competent Ministry for the granting of guarantees of the economic obligations payable to the Fund of Titling the System Deficit Electrical, in accordance with the provisions of Law 47/2003, of 26 November, General Budget and may only be made after the fund has been established. In the event of the execution of the guarantee against the General Administration of the State, this will be subrogated, in respect of the amounts executed by any concept, in all the rights and actions that have been recognized by the creditors in front of the Electricity System Deficit Titling Fund. In the case of the execution of the endorsements referred to in this paragraph, the General Secretariat of the Treasury and the Financial Policy is authorized to make the payments corresponding to the execution of the endorsements by means of treasury operations under the specific concept to be fixed for that purpose. After these payments have been made, the General Secretariat of the Treasury and Financial Policy shall make the final application to the budget of expenditure for the payments made in the financial year, except for those incurred in December, which shall apply to the expenditure budget in the first quarter of the following year. Final disposition second. Basic character and competence title.
1. This law is of a basic nature, in accordance with the provisions of Article 149.1.13. and 25. of the Constitution.
2. The references to the administrative procedures, which will be regulated by the competent public administration, are excluded from this basic character, in any case complying with the provisions of Law No 30/1992 of 26 November 1992 on Legal Conditions of the General Administration and the Common Administrative Procedure. In any case, the provisions on the effects of the non-notification of resolution express in the third provision are of a basic nature.
3. The provisions of Title IX, relating to compulsory expropriation and easements, are of general application under the provisions of Article 149.1.8. and 18. of the Constitution.
4. The facilities referred to in Article 149.1.22. of the Constitution shall be governed by the provisions of this law and its provisions of development. Final disposition third. New legal and economic regime for production activity from renewable energy sources, cogeneration and waste with primary economic status.
1. In accordance with the provisions of the final provision of Royal Decree-Law 9/2013 of 12 July 2013 adopting urgent measures to ensure the financial stability of the electricity system, the Government, on a proposal from the Minister of Industry, Energy and Tourism, will approve a real decree of regulation of the legal and economic regime for the installations of production of electric power from renewable energy sources, cogeneration and waste that they have recognized First payment to the entry into force of the actual decree-law.
2. As it is available, this new model will conform to the criteria provided for in Article 30 of Law 54/1997, of 27 November, of the Electrical Sector, in the wording that was given to it by the actual decree-law, and will be applicable from the entry into force of the same. notwithstanding the foregoing, the specific remuneration scheme to be established for the thermoelectric solar technology installations awarded under the scheme provided for in the additional provision of Royal Decree 1565/2010, On 19 November, in respect of which certain aspects relating to the activity of the production of electrical energy are regulated and modified, it shall consist of a single term for the operation whose value shall be the result of the offer economic for which they will be awarded.
3. In the terms of the Royal Decree-Law 9/2013 of 12 July 2013 adopting urgent measures to ensure the financial stability of the electricity system, for the establishment of that new remuneration scheme, For the duration of the entire regulatory life of the plant, it will be reasonable to rotate, before tax, on the average return on the secondary market of the ten years preceding the entry into force of Royal Decree-Law 9/2013 of 12 July 2013. Ten-year State obligations increased by 300 basis points, all without prejudice to their subsequent revision in the legally intended terms.
4. Under no circumstances may the claim for the remuneration received for the energy produced before 14 July 2013 be made out of the new remuneration model, even if it is found that that date could have been exceeded. profitability.
5. The review of the remuneration parameters shall in any event be carried out in accordance with the provisions of Article 14 (4) of this Law. Final disposition fourth. Regulatory enablement.
1. The Government is empowered to provide, within the scope of its powers, the regulatory provisions necessary for the development and implementation of this law.
2. In particular, the Government is authorised to amend the indexation of the remuneration of the different regulated activities in the electricity sector. JOHN CARLOS R. MARIANO RAJOY BREY Final disposition fifth. Amendment of Royal Decree-Law 9/2013 of 12 July adopting urgent measures to ensure the financial stability of the electricity system. Royal Decree-Law 9/2013's tercer.2 tercer.2 provision, dated 12 July, is worded as follows: "2. The institution responsible for the liquidation shall pay, in the form of payment on account, the liquidable concepts accrued by special scheme facilities, and those of ordinary scheme with a remuneration premium under the Royal Decree 661/2007, May 25, in application of the provisions of the actual decrees. The payment entitlements or payment obligations resulting from the application of the methodology to be established pursuant to the provisions of the second final provision, to the energy produced since the entry into force of the actual present Decree-law until the entry into force of the provisions necessary for the full application of the new remuneration regime, will be settled by the agency responsible for the same in the nine settlements from the date that it regulatively is established, without prejudice to the provisions of the following paragraph. Notwithstanding the above, a maximum limit may be imposed on the income obligations arising from the application of this paragraph. The application of the above limit may result in the adjustment being made in more than nine settlements. These amounts shall be considered as cost or liquidable income of the system, as appropriate, for the purposes of the procedure for the settlement of the costs of the electrical system. " Final disposition sixth. Entry into force. This law shall enter into force on the day following that of its publication in the "Official Gazette of the State". Therefore, I command all Spaniards, individuals and authorities, to keep and keep this law. Madrid, December 26, 2013. The President of the Government,
