Key Benefits:
This order has been submitted to public hearing and information pursuant to Article 26.6 of Law 50/1997 of 27 November of the Government, on the website of the Ministry of Energy, Tourism and the Digital Agenda (www.minetad.es).
According to the requirements of Article 5.2 and the transitional provision of Law No 3/2013 of 4 June of the creation of the National Commission on Markets and Competition, this order has been the subject of a report by the Commission. National Commission of the Markets and Competition, who for the preparation of its report has taken into consideration the observations and comments of the Advisory Council of Electricity, through which the process of hearing has been evacuated sector and consultations with the autonomous communities.
By agreement of 6 April 2016, the Government Delegation for Economic Affairs has authorised the Minister of Energy, Tourism and Digital Agenda to issue this order.
In its virtue, with the prior approval of the Minister of Finance and Public Service, I have:
CHAPTER I
Object and Scope
Article 1. Object.
1. The purpose of this order is to establish the mechanism for the allocation of the specific remuneration scheme for new installations for the production of electrical energy from renewable energy sources which are located in the system. Peninsular electricity, called under the Royal Decree 359/2017 of 31 March, establishing a call for the granting of the specific remuneration scheme to new installations for the production of electrical energy from renewable energy sources in the peninsular electricity system.
2. In addition, the remuneration parameters of the reference type facilities to be applied in the competitive competition procedure are approved.
Article 2. Scope.
1. In accordance with the second paragraph of Royal Decree 359/2017 of 31 March 2017, this order shall apply to new installations for the production of electrical energy from renewable energy sources included in the (b) in accordance with the classification laid down in Article 2 of Royal Decree 413/2014 of 6 June 2014 regulating the production of electricity from renewable energy sources, cogeneration and waste, located in the peninsular electrical system.
For these purposes, an installation shall be understood to be new where it does not have the authorisation of a final holding or have been definitively entered in the administrative register of production facilities. of electric power, prior to the actual effects of Royal Decree 359/2017, of 31 March.
2. It is excluded from the application of this order and therefore the specific remuneration scheme cannot be granted to the following facilities:
a) Installations whose construction involves closing or reducing the power of another installation of the same technology.
(b) Facilities consisting of main equipment which are not new or have previously been used.
CHAPTER II
Specific Remuneration Scheme
Article 3. Specific remuneration scheme.
1. The allocation of the specific remuneration scheme referred to in this order and Royal Decree 359/2017 of 31 March 2017 shall be carried out by means of an auction procedure. Different auctions may be held to cover the maximum limit of 3,000 MW of installed power set out in the third paragraph of the said royal decree, according to the definition of installed power given in Article 3 of Royal Decree 413/2014, of 6 June.
2. Installations falling within the scope of this order, associated with tenders which are awarded to the auction for the allocation of the specific remuneration scheme as set out in Chapter III, and which fulfil the requirements and the procedures laid down in this order and in Royal Decree 413/2014 of 6 June, will receive the specific remuneration scheme regulated in that royal decree.
However, in line with the provisions of the State Aid Guidelines for the protection of the environment and energy 2014-2020, the right to the perception of the remuneration scheme cannot be granted. specific to installations owned by companies in which one of the following circumstances is concerned:
(a) That they are regarded as firms in difficulty as defined in the Community Guidelines on State aid for rescuing and restructuring firms in difficulty.
(b) that undertakings are subject to an outstanding recovery order following a previous decision of the European Commission that has declared aid to the illegal beneficiary and is incompatible with the common market.
3. The specific remuneration of each installation shall be obtained from the remuneration parameters of the appropriate type of installation and the characteristics of the installation itself.
4. The remuneration parameters of the type installation shall be calculated on the basis of the remuneration parameters of the application reference type in the corresponding auction and the percentage of reduction obtained in the auction, according to as provided for in Article 5.
5. The reference type facilities shall be different depending on the technology of the installation to which it applies:
a) Installation reference type applicable to wind installations.
b) Reference type installation applicable to photovoltaic installations.
c) Installation reference type applicable to technology facilities other than photovoltaic and wind.
The offerings will be presented for the reference type installation of your technology.
6. The tenders awarded, once the successful tenderers submit the economic guarantee as laid down in Article 15, shall be entered in the register of specific remuneration in the pre-allocation state.
The successful tenderer may apply for registration in the register of a specific remuneration in the state of operation of one or more installations to cover the power entered in the register of a specific remuneration scheme. in pre-assignment status.
Article 4. Remuneration parameters of the reference type installation.
1. The remuneration parameters of the application reference type installation in the auction shall be as follows:
a) Regulas allocation to a type installation, shall be necessary for the perception of the specific remuneration scheme which it is appropriate, in accordance with the provisions of Article 43 of Royal Decree 413/2014, of 6 June.
It is considered that the participants in the competitive competition procedure regulated by this order, which can be both natural and legal persons, have, by reason of their economic, technical and professional capacity, access and availability of the necessary electronic means, in accordance with Articles 14.3 and 41.1 of Law 39/2015 of 1 October of the Common Administrative Procedure of the Public Administrations and with the additional provision This is the case in point (a) of the Commission's decision of 31 July 2015. the production of electrical energy and the procedure for dispatch in the electrical systems of non-peninsular territories, applications, written and communications required in accordance with current regulations.
4. The rules of the auction may include a confidential clause containing a procedure whereby the assigned power may be increased at auction, up to a certain power, in the event that, due to the characteristics of the of the tenders submitted, there was an economic or technical interest for the system to do so. In any event, the power that is finally allocated cannot exceed the power to allocate the maximum foreseen in Royal Decree 359/2017, of 31 March.
Article 11. Auction managing entity.
The managing entity of the auction will be OMI-Polo Español S.A. (OMIE) directly or through one of its subsidiaries.
Article 12. Auction monitor entity.
The National Markets Commission and Competition will be the auction monitor. For these purposes, it shall appoint two representatives acting on behalf of that institution, with full powers, in the supervisory function of the auction and, in particular, for the purpose of confirming that the process has been objective, transparent, and not discriminatory, and that the auction has been developed in a competitive manner, not having appreciated the use of practices that may place restrictions on competition or other faults in the development of it.
Article 13. Request to participate in the auction.
1. The request for participation in the auction mechanism shall be directed, by electronic means, to the auction managing entity, including the information to be detailed in the resolution of the Secretary of State for Energy in which the auction mechanism is set the auction procedure and rules.
2. Requests for participation in the auction shall be accompanied by the guarantees of participation in the auction as set out in that resolution.
3. The auction management entity shall verify compliance with the requirements set out in the resolution establishing the procedure and the rules of the auction. Qualified participants to participate in the auction will be those who meet those requirements.
Article 14. Development and resolution of the auction procedure.
1. Those qualified participants to participate in the auction will be able to submit bids, relative to the percentage reduction of the standard value of the initial investment of the reference type facility corresponding to their technology, according to the rules determined by the Secretary of State for Energy's resolution.
The resolution of the Secretary of State for Energy calling the auction may include minimum and maximum values for the percentage reduction of the standard value of the initial investment of the type of facility. reference.
2. The methodology of the appeal process, which will be established in the resolution of the State Secretary for Energy of Procedures and Rules of the Auction, will follow the following basic rules:
(a) First, for each of the tenders, the remuneration for the investment of the type-installation associated with the final operating authorisation year 2019 shall be calculated taking into account the percentage of the reduction in the the standard value of the initial investment offered and the remuneration for the investment of the relevant reference type facility, by means of the simplified expression set out in paragraph 3 of Annex I of this order.
Exclusively for the purposes of the appeal process, negative values of the remuneration for the investment may be given due to the application of the simplified expression referred to in the preceding paragraph.
(b) The unit cost per system shall be calculated for each offer, calculated as the ratio between the remuneration for the investment obtained in accordance with the previous paragraph and the number of equivalent hours of operation of the relevant reference type for the year 2019.
(c) The tenders shall be ordered, irrespective of the technology, of the lowest value of the unit cost per system calculated in accordance with paragraph (b), resulting in the award of tenders with the lowest value to be achieved by the power to be awarded, so that if the last offer exceeds the maximum power limit to be awarded in the call, it will be completely excluded.
(d) The last offer within the power to be awarded shall be that determined by the value of the marginal unit cost per appeal.
e) The marginal unit cost of each installation reference type is calculated as the minimum between the following two values:
e.1) value of the marginal unit cost of the appeal, obtained according to paragraph (d).
e.2) value of the maximum unit cost of the corresponding reference type for the year 2019 included in paragraph 1 of Annex I.
(f) The remuneration for the investment of each type of facility resulting from the auction with final operating authorisation 2019 shall be calculated by multiplying the marginal unit cost of each type of facility the reference, obtained under paragraph (e), by the number of equivalent hours of operation of the reference type-installation of 2019.
(g) Next, based on the value calculated in paragraph (f) and the value of the remuneration for the investment of each installation reference rate applicable to the year 2019, the percentage of reduction in the standard value of the initial investment of each installation reference type result of the auction using the simplified expression set out in paragraph 3 of Annex I of this order.
3. Once the process of submission of tenders has been developed and the auction has been carried out according to the established rules, the managing entity of the auction shall proceed to the determination of the power awarded, of the marginal unit cost the result of the appeal, of the marginal unit cost of each installation reference type and of the percentage reduction of the standard value of the initial investment of each installation reference type of the auction.
Within a maximum of two hours from the closing of the receipt of tenders for the auction, the managing entity of the auction shall make known to each participant the marginal unit cost of the appeal, the cost overpayment. marginal unit of the reference type installation, the value of the power allocated to it and the percentage of reduction of the standard value of the initial investment of the reference type installation resulting from the auction.
Later, the managing entity shall forward the results of the auction to the supervisory body and to the Secretariat of State of Energy, indicating, the marginal unit cost resulting from the appeal, the cost overpayment. the marginal unit of each reference type installation, the successful tenderers, the powers awarded and the percentage reduction of the standard value of the initial investment of each reference type installation.
4. Within a maximum of 24 hours from the receipt of the results, the auction monitor shall validate the results and the procedure followed at the auction. For these purposes, it shall send a report to the Secretary ofparrafo_2">2. Different auctions may be held until the maximum power limit set out in the third paragraph of Royal Decree 359/2017 of 31 March 2017 is achieved by maintaining the remuneration parameters of the reference type facilities.
3. Natural or legal persons who comply with the requirements laid down in this order and in the decision establishing the procedure and the rules of procedure may participate in the auction for the allocation of the specific remuneration scheme. auction, without prejudice to any other conditions that may be ass="parrafo">1. The amount of the financial guarantee, as set out in Article 44 of Royal Decree 413/2014, of 6 June, requested as a prerequisite for the registration of a specific remuneration in the pre-allocation state, shall be EUR 60 /kW for the installed power to be enrolled.
Article 17. Identification of the installation.
1. The holder of the registration of a specific remuneration in the pre-allocation state shall have the obligation to identify, before the Ministry of Energy, Tourism and Digital Agenda, the installation or the facilities to be built up to cover the power recorded in that record.
2. The identification of the installations must be carried out within six months from the date of publication in the 'Official Gazette of the State' of the decision by which they are entered in the register of a specific remuneration scheme in the State of pre-allocation to the tenders awarded. After that period, the information provided for the identification of the installations may not be modified.
3. The identified facilities shall have to be of the technology and sub-group corresponding to the reference type installation of the entry in the specific remuneration scheme in the pre-allocation state, as set out in paragraph 3 of the Annex I.
The identification shall include at least the information contained in Annex II of this order.
4. Successful tenderers may identify installations with a total installed power exceeding the power allocated, but in any case less than the increased power allocated by 50%.
5. Installations which are not identified as provided for in this Article shall not be eligible for registration in the register of specific remuneration in the holding state provided for in Article 19 and shall not apply to them. specific remuneration scheme.
6. At the end of the six-month period referred to above, the Directorate-General for Energy Policy and Mines of Trade will proceed to the partial cancellation of the guarantee corresponding to the correctly identified installed power, with the limit of the awarded power, for an amount of € 12 /kW.
7. At the end of the six-month period referred to above, the Directorate-General for Energy Policy and Mines, acting on its own initiative, shall initiate the performance of the security corresponding to the power entered in the register of specific remuneration in the state of pre-allocation that has not been correctly identified by an amount of € 60 /kW.
Article 18. Accreditation of the administrative authorisation for the construction of the identified facilities.
1. The holder of the registration in the register of specific remuneration in the pre-allocation state shall have the obligation to accredit, before the Ministry of Energy, Tourism and Digital Agenda, the obtaining of the administrative authorization of construction or equivalent document of installations identified pursuant to Article 17.
The accreditation of the administrative authorisation for the construction of installations which have not been correctly identified in accordance with Article 17 shall not be considered valid.
2. The accreditation of the administrative authorisation for construction must be carried out within 12 months of the date of publication in the 'Official Gazette of the State' of the decision on which the administrative authorisation is entered in the register of remuneration. specified in the pre-allocation status to the tender bids.
3. Once the administrative authorization for the construction of an installation has been obtained, the General Directorate of Energy Policy and Mines, of its own initiative, will proceed to the partial cancellation of the guarantee corresponding to the power installed of the installation, with the limit of the power awarded, for a value of 18 €/kW.
4. At the end of the 12-month period referred to above, the Directorate-General for Energy Policy and Mines shall, on its own initiative, initiate the execution of the security corresponding to the power of the identified installations for which the obtaining the administrative authorisation for construction, with the limit of the power awarded, for an amount of EUR 18 /kW.
Article 19. Registration in the register of specific remuneration in the state of operation.
1. The procedure for registration in the register of specific remuneration in the state of operation shall be carried out in accordance with the provisions of Article 47 of Royal Decree 413/2014 of 6 June 2014.
2. The facilities linked to the registration of the specific remuneration scheme in the pre-allocation state shall have until 31 December 2019 to comply with the requirements laid down in Article 46 of Royal Decree 413/2014, of 6 June.
3. In the event of non-compliance within the prescribed period of the requirements of Article 46 of Royal Decree 413/2014 of 6 June 2014, Article 48 of that royal decree concerning the procedure for cancellation of the non-compliance with the registration of a specific remuneration scheme in the pre-allocation state which will result in the loss of the rights associated with it and the performance of the guarantees.
4. The installation for which registration is requested in the Register of specific remuneration in the state of operation shall coincide with one of the facilities identified in accordance with Article 17 of this order, as well as having the same the holder, at that time, on the register of a specific remuneration scheme in the pre-allocation state.
5. The installed power of the installation or installations for which registration is requested in the Register of specific remuneration in the state of operation shall not exceed the installed power of the installations identified according to the Article 17 and the power awarded at the auction.
6. The application for registration in the register of a specific remuneration in a state of operation shall include the characteristics of the facilities detailed in paragraph 2 of Annex V to Royal Decree 413/2014 of 6 June.
7. The application for registration in the register of a specific remuneration scheme in the state of operation shall be accompanied by a responsible declaration, by the holder of the installation, in which the application for registration in the registration of a specific remuneration scheme in a state of operation refers to a new installation, which complies with the requirements set out in the second paragraph of Royal Decree 359/2017 of 31 March, establishing a call for tenders for the granting of the specific remuneration scheme to new production facilities electrical energy from renewable energy sources in the peninsular electricity system and Article 2 of the Order regulating the procedure for the allocation of the specific remuneration scheme in the call for new installations for the production of electrical energy from renewable energy sources. "
8. The application for registration in the register of a specific remuneration scheme in the holding state shall be and in the additional provision 12 of Royal Decree 738/2015 of 31 July 2015 regulating the production of electrical energy and the the procedure for the dispatch of the electrical systems of non-peninsular territories, applications, letters, communications and notifications relating to the procedures for registration, modification and cancellation in the system register Specific remuneration, as well as any other related procedure, shall be submitted exclusively by electronic means.
Article 16. Amount of the financial guarantee.