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Law 85/2010, From 18 November, Provisional Measures In Relation To The System Of Electric Power

Original Language Title: Llei 85/2010, del 18 de novembre, de mesures provisionals en relació al règim de l’energia elèctrica

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Law 85/2010, from 18 November, provisional measures in relation to the system of electric power since the General Council at its session of 18 November 2010 has approved the following: law 85/2010, from 18 November, provisional measures in relation to the regime of the electricity exhibition of illustrations and the legal framework of the electric power in the Principality of Andorra is made up of Basically, by three rules: the regulation of the distribution of electrical energy, approved by the Permanent Delegates on 28 July 1975 and amended by the Decrees of 16 December 1992 and March 18, 2009; the agreement of the m. i. General Council, of 14 January 1988, which States that the production and import of electrical energy are essential public services to the community that can only be provided by the general administration, directly or through an entity company or public company in which this service credited under the sole, and the law of creation of the Forces Elèctriques d'Andorra (FEDA) , also of 14 January 1988, amended by others of 18 January 1991 and November 4, 1993, that attributed to this public body the two activities mentioned, and also the distribution of electrical energy, both to users directly as the other companies distributors.

This is a fragmentary ancient regulations, which practically has not evolved over the last two decades and, in some respects, represents an obstacle to adopting policies of diversification of sources of supply, to reduce energy dependency and promotion of renewable energies. Here was born the need to prepare a new regulation of the electricity sector and, more generally, in the energy sector, but this regulation cannot be based on a simple adaptation of the current rules, but requires a global reflection and in-depth, which is already being carried out. This reflection must be directed to what the legislation enter the production of electricity through cogeneration, solar energy, thermal and wind energy, opening in these sectors, private initiative and who have to leave the basic guidelines for the creation of a new legal framework and adapted to current and future needs of the Principality with the aim, by the year 2020, to reduce greenhouse gases by 20% and achieve that renewable energies represent 20% of the sources of energy, taking as a model the objective fixed by the European Strategic Energy Technology Plan.

However, it is expected that the preparation of those texts, for its importance and complexity, follow a relatively long process and, in the meantime, there are some urgent needs that can be solved, at least temporarily, by small modifications to the current regulations. This law is intended to provide answers to the following: on the one hand, to extend the object of cogeneration and trigeneration activities FEDA or combined generation of heat and cold, electricity or other forms of energy, which is a highly efficient form of production, the promotion of which is considered a priority by the European Union (Directive 2004/8/EC of the European Parliament and of the Council). Although FEDA no longer participates in cogeneration activities in the waste treatment Centre of Andorra, under the protection of the law of 31-10-2002, relative to that installation, and has started a pilot project in Soldeu, the future development of cogeneration activities makes it necessary to formalize the extension of its object to the distribution of heat, especially when for reasons of efficiency may be taking advantage of renewable energies (biomass , geothermal energy, solar, etc.).

On the other hand, allow the installation of photovoltaic solar panels power small, and the production of any type of renewable energy to power lower than 500 kW, with the possibility of giving in to the production network. This is also a practice in accordance with the policy of the European Union in the field of the promotion of renewable energies, which is regulated for years to surrounding countries, and that the lack of impact on the balance of the power grid would be viable without the need to amend the current regulatory framework, if not encountered with the regime of exclusive attributed to the Administration in the field of production of electrical energy. To make possible the installation of this type of generators, it is necessary to establish, therefore, an exception to that regime.

It seems also postponed to establish quality standards in the distribution of electrical energy, which homologuin the terms of service in the Principality to the governing in the countries of our surroundings. Are rules that the current provisional Regulations modified the distribution of 1975, and the unorthodox nature of this provision, which was adopted by the Permanent Delegates in the previous regime in the Constitution, and has been amended by Decree of the Government later.

On the other hand, the establishment of quality standards would be incomplete if it is not preveiessin, at the same time, the consequences of the offence. The nature and limits of these consequences, although not strictly sanctions, they do have an economic content, must be set by law.

The emergence of new possibilities and the evolution of technology in the production and distribution of electrical energy, as the recharging of equipment with battery or power supply in interiors of buildings through stabilized current equipment and generators, and the emergence of new types of tourism establishments, such as apartments or aparthotels, advise to allow, in certain cases, the transmission of energy by a subscriber to any third party , without the prior permission of the Distributor, which continues to be necessary in other cases.

Article 1 amendment to article 2 of the law of creation of FEDA modifies article 2 of the law of creation of the Forces Elèctriques d'Andorra, of 14 January 1988, which is drawn up, forward, in as follows: "Article 2 Constitute the object of FEDA: a) the production of electrical energy.

b) the import of electrical energy.

c) the distribution of electrical energy, either directly to users, or to other companies distributors.

d) the realization of activities of cogeneration of electricity and useful heat, and trigeneration electricity, heating and cooling useful, and the marketing and distribution of resulting heat and cold.

e) the purchase of electrical energy produced by other natural or legal persons in Andorra from renewable. ".

Article 2 production of electricity using renewable energy sources 1. By exception to the General Agreement of the Council of 14 January 1988, which attributed exclusively to the production of electrical energy in the Principality of Andorra, it allows the production of electricity using photovoltaic solar panels in low-voltage installations as long as they are incorporated into walls or roofs of buildings or any other type of facilities for other types of renewable energy to power lower than 500 kW.

2. The generators referred to in the preceding point can be connected to the low-voltage distribution network, under the conditions specified in the regulations, to give you all the energy produced. The Distributor owns the distribution network is required to allow the connection and to acquire the production under the conditions referred to in point 4.

3. The Government should establish, by regulations, the technical conditions that must meet the facilities referred to in paragraph 1, and its connection to the network, in order to guarantee the security, stability, efficiency, and the absence of damage to third parties, as well as the procedure for commissioning and control of these facilities.

4. The Government must approve the contract-type for the transfer of the energy produced which has been subscribed between the owner of the installation and the Distributor. The Government has also approved the rates of purchase of photovoltaics, which can not be lower than the market prices, and should also provide a period of years enough to allow the repayment of the facility, as well as the rights of connection to the distribution network, and the mechanisms of financing and compensation that may be necessary to ensure that the acquisition of solar energy not economically penalizes companies distributors.

Article 3 the development of the provisional Regulation of the distribution of the electric power In a period of three months from the publication of the present law, the Government promulgarà a regulation of quality of the service, which will establish the parameters of quality of service, in terms of real tension variations with respect to the nominal value and the time and number of interruptions of supply that are allowable , as a maximum, depending on the area and type of service. The non-compliance of the quality parameters established compulsory application will result in a reduction of the fees to the affected customers that, depending on the seriousness of the violation to the rules of proven quality, you can get up to 10% of the price of the service, for a maximum period of one year. This reduction applies without prejudice to civil liability for damages to which it could be held, when the case may be.

Article 4 transmission of energy to a subscriber to third parties 1. It is forbidden to all electric power transmission made by a Subscriber, by any title, to one or more third parties, unless prior permission from the Distributor, given in writing.

2. By exception to the preceding rule, you do not need authorization from the authorized distributor for the transmission of energy made by the Subscriber to one or more third parties in the following cases: a) recharging services of equipment with battery.

b) in the supply of electric current in the interior of buildings through stabilized current equipment and generators.

c) in the supply of electric current in furnished apartments for holiday and vacation apartments.

3. The conditions of billing by the transmitter to the end user are set by regulation.

Article 5 the provisional Regulation of the distribution of the electrical energy modifies the article 1 of the regulation of the distribution of the electric power, approved by Decree of Permanent Delegates of 28 July 1975, which is worded as follows: "Article 1.

The present Regulation is intended to distribute electrical energy, which currently takes place by means of the entities mentioned below, within its respective area: electrical Forces North of Andorra Andorra Encamp electric electric Mutual insurance company S.A., Sant Julià de Lòria communal services of Encamp, S.A. ".

Final provision this law shall enter into force the day after its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, Josep Dallerès Codina on November 18, 2010 Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Nicolas Sarkozy Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra