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Article 9 of Royal Decree 1435/2002 of 27 December on the basic conditions of contracts for the acquisition of energy and access to networks in low voltage states that ' for those points of supply which, in accordance with the applicable regulations, do not have the obligation to have time-consuming registration in their measuring equipment, the Directorate General for Energy Policy and Mines will determine, on a proposal from the National Commission of Energy (currently the National Commission for Markets and Competition) and for the purposes of the liquidation of the energy, the consumption profile and the calculation method applicable to each consumer group, depending on the access rate contracted and the measurement and control equipment installed. "

In the same sense, Article 32 of the Unified Regulation of Points of Measure of the Electrical System approved by Royal Decree 1110/2007, of 24 August, states that " For consumption points types 4 and 5 of customers that do not In the case of a consumer profile, the energy liquidation shall be carried out by the application of a consumption profile. This consumption profile and the calculation method applicable to each consumer group, according to the contracted access tariff and the installed measurement and control equipment, will be fixed by the General Directorate of Energy Policy and Mines, proposal of the National Energy Commission. "

On the other hand, the third additional provision of Order IET/3586/2011 of 30 December 2011 establishing the access tolls from 1 January 2012 and the fees and premiums of the scheme's facilities In particular, it states that ' For the purposes of Article 32 of the unified regulation of points of measure of the electrical system, approved by Royal Decree 1110/2007 of 24 August 2007, the unified regulation of points of order of the Measure of the electricity system, Red Eléctrica de España, S.A. will transmit annually, before 30 November each year year, to the National Energy Commission and to the Ministry of Industry, Energy and Tourism, a proposal for revision of the current consumption profiles based on the toll of access contracted, which results from application to those points of supply of customers who, in accordance with the applicable rules, do not have the obligation to have time-consuming records on their measuring equipment. "

For its part, the Royal Decree 216/2014 of 28 March, establishing the methodology for calculating the voluntary prices for the small consumer of electrical energy and its legal system of procurement, provides in its Article 6 that the invoicing of the supplies covered by the Voluntary Price for the Small Consumer (PVPC) shall be made by the reference marketer corresponding to the actual readings in accordance with the provisions of the application. In the case of supplies which have measuring equipment capable of telematic and telemanaging, and effectively integrated into the corresponding systems, the billing will be carried out in the light of the time values of consumption provision or, where appropriate, referred to by the person in charge of the reading. However, where the supply does not have a measuring equipment with a telematic and telemanaging capacity, and effectively integrated into the corresponding systems, the billing shall be carried out in accordance with the actual readings by periods made available to the traders by those in charge of the reading, the consumption profiles calculated in accordance with the provisions of the royal decree.

In this respect, in Article 8 of the royal decree, adjusted hourly rates of consumption profile are defined for each hour of application for the billing purposes of the PVPC.

However, according to the twelfth additional provision of the said royal decree, subject to the provisions of Article 8 thereof, the final profiles for the purposes of liquidation on the market shall be obtained by applying the the resolution of the Director General of Energy Policy and Mines that is approved in development of the provisions of article 32 of the Unified Regulation of Measurement Points of the Electrical System approved by Royal Decree 1110/2007, of 24 August.

In relation to the above, the fourth additional provision of Royal Decree 216/2014 of 28 March 2014 provides that the system operator ' will send the National Markets Commission and the National Market Commission before 15 November 2014. the Competition a proposal for the revision of consumer application profiles to consumers without an hourly measure taking into account the results of the representative panel of consumers provided for in Article 32 of the Unified Regulation of points of measurement of the electrical system, approved by Royal Decree 1110/2007, of 24 August.

The Commission will report on this proposal by sending the report to the Ministry of Industry, Energy and Tourism before 1 December. "

View the proposal of initial consumption profiles for the purposes of energy liquidation in the market for the year 2016, carried out by Red Electrica de España, S.A. on November 27, 2015 in compliance with the additional provision third of Order IET/3586/2011 of 30 December 2011, with entry into the Ministry of Industry, Energy and Tourism on 30 November 2015.

In this proposal, the system operator specifies that the document sent to the Directorate General for Energy Policy and Mines on 30 November 2015 contains the same proposal submitted to the National Commission on Markets and Competition, which was in response to the provisions of Royal Decree No 216/2014 of 28 March 2014, fourth.

Having regard to the "Agreement issued by the Directorate-General for Energy Policy and Mines on the proposal of the Operator of the System for the Review of the Application Consumption Profiles to Consumers" This is a time-measure, taking into account the results of the representative panel of consumers " approved by the Regulatory Supervisory Board of the National Markets and Competition Commission on 17 December 2015.

This General Address resolves:

First.

Approve the consumption profiles and the calculation method for applicable energy clearance effects for those consumers type 4 and type 5 that do not have a consumption schedule record. The profiles and method of calculation are set out in the Annexes to this resolution and shall apply from 1 January 2016.

Second.

Against this resolution, it is possible to bring an appeal before the Secretary of State for Energy, within one month, in accordance with the provisions of Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure.

Madrid, December 23, 2015. -Director General of Energy Policy and Mines, Maria Teresa Baquedano Martin.

ANNEX I

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ANNEX II

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