I

Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and repealing Directives 2001 /77/EC and 2003 /30/EC provides that each Member State shall ensure that the share of energy from renewable sources in all types of transport in 2020 is at least equivalent to 10% of its final energy consumption in transport.

The additional sixteenth provision of Law 34/1998 of 7 October, of the hydrocarbon sector, established annual targets for biofuels and other renewable fuels for transport purposes until 2010, enabling the Government to amend those objectives, as well as to set additional objectives.

Law 2/2011, of 4 March, on Sustainable Economy, set out in Article 78 a national minimum target for the participation of renewable energy in the consumption of gross final energy of 20% in 2020. This objective should be achieved with a share of energy from renewable energy in all types of transport in 2020, which is at least 10% of the final energy consumption of the transport sector.

On the other hand, the Royal Decree 1597/2011 of 4 November, which regulates the sustainability criteria of biofuels and bioliquids, the National Sustainability Verification System and the double value of certain biofuels for the purposes of their calculation, lays down, inter alia, the methodology for the calculation of greenhouse gas emissions, the definitions applicable in that calculation and the description of the economic operators integrated in the production and marketing chain of biofuels and bioliquids, the facilities and products shall be subject to inspection and control in the framework of the national verification system for compliance with the sustainability criteria for biofuels and bioliquids.

Later, Law 11/2013, of July 26, of measures of support to the entrepreneur and stimulus of the growth and creation of employment, whose antecedent was the Royal Decree-Law 4/2013, of February 22, considered justified, for to ensure the stability of the prices of motor fuels, given the scenario of economic recession and taking into account the evolution of the prices of petroleum products, to reduce the targets which by 2013 had been regulated in Royal Decree 459/2011 of 1 April, setting binding targets for the Biofuels for the years 2011, 2012 and 2013. This law established targets for the sale or consumption of global biofuels and for diesel oil of 4.1 percent and for gasoline of 3.9 percent, all of them in energy content, for the years 2013 and successive, and enabled the government to amend the objectives set out therein, as well as to set additional objectives.

Substantially the conjuncture that led to the approval of Law 11/2013 of July 26, and taking into account the current scenario of fuel prices, it is considered appropriate to revise the sales objectives or Biofuels consumption for the 2016-2020 period, establishing only a global target for mandatory minimum consumption of biofuels, so that the required subjects have the flexibility to reach it, through certificates of Biofuels in diesel or petrol, interchangeably.

This royal decree establishes, for the year 2016, a mandatory minimum annual target for the sale or consumption of biofuels of 4.3 percent, and for the years 2017, 2018, 2019 and 2020, targets of 5 percent, 6 percent. percent, 7 percent, and 8.5 percent, respectively, all in energy content.

For the determination of the 2016 obligation it has been considered a target of 4.5 percent in the second half of the year, maintaining the obligation of 4.1 percent for the six months necessary for the adaptation of the subject to what was foreseen in the royal decree.

The regulation of a single global target for the sale or consumption of biofuels, without restrictions by product, since the entry into force of the royal decree, gives the subjects the obligation of greater flexibility in the performance of the Cited objective.

Also, in accordance with Article 41.4 of Law 11/2013 of July 26, the Government is enabled to amend the objectives set out above, as well as to establish additional objectives, depending on the development of the fuel sector and of the different types of biofuels, the progress achieved in the consumption of electricity from renewable sources in transport and the Community rules to be established in the field of renewable energy targets in transport and in the gross final consumption of energy.

For the year 2020, as provided for in Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98 /70/EC on the quality of petrol and diesel fuels and the Directive 2009 /28/EC on the promotion of the use of renewable energy from renewable sources provides that, for the purposes of calculating the target of renewable energy in transport, the percentage of biofuels produced from renewable sources cereals and other crops rich in starch, sugars, oilseeds and other crops planted in Agricultural land as main crops for energy purposes will not be able to exceed 7%.

In addition, on the orders of the Minister of Industry, Energy and Tourism, prior to the report of the Government Delegation for Economic Affairs, a target for the sale or consumption of biofuels will be established before 6 April 2017. advanced, the list of biofuels that will be considered advanced, as well as the multiplier of the energy content of each of them, for the fulfillment, if any, of each of the regulated objectives. This development shall be carried out in accordance with the terms required by European Union law.

Biofuels produced from waste do not imply an additional demand for soil, contributing to considerable reductions in greenhouse gas emissions. In order to meet the expected targets, the use of biofuels from residual raw materials should be encouraged, taking into account the provisions of Law 22/2011 of 28 July on contaminated waste and soils, in The principle of the hierarchy of waste. It is the case of waste oils that have a mature technology, promoting the collection of such raw material and its transformation for use as a biofuel.

Finally, the present royal decree develops the description of the subjects required to credit the fulfillment of the objectives of consumption and sale of biofuels included in Law 11/2013, of July 26, with the aim of to adapt it to the provisions of Law 8/2015 of 21 May, amending Law 34/1998 of 7 October of the Hydrocarbons Sector and regulating certain tax and non-tax measures in relation to the exploration, Research and exploitation of hydrocarbons.

II

This royal decree regulates the precise information to be provided by the holders of the retail distribution facilities of independent petroleum products that want to be able to report the origin of the fuel they place on the market, which is offered to them by Article 43.5 of Law 34/1998 of 7 October. The purpose of this regulation is to ensure that the information presented to consumers on the origin of the fuel supplied by the retail supply facilities is truthful and faithful, as well as to protect the trademark rights of the wholesale operators and retail distributors who supply to independent stations.

III

In order to comply with the obligations arising from Article 7 of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, as well as Law 18/2014 of 15 December 2012, October, for the adoption of urgent measures for growth, competitiveness and efficiency, the collection of annual data on energy savings and avoided carbon dioxide emissions, obtained by means of action, is needed. carried out by the autonomous communities as well as by those carried out by the entities This is why an additional provision is introduced requiring this information to be disaggregated by autonomous communities and local entities in an annual and aggregated form since 2014. The form, content and breakdown in which such information is to be sent is an essential complement to ensure the lowest common denominator set out in the additional provision, which is why the Ministry of Industry, Energy and Tourism will determine them by order.

On the other hand, in this field, to establish the percentages for the allocation of the annual savings objective between the corresponding obliged subjects as well as the resulting savings quotas or obligations and their financial equivalence, regulated in Chapter IV of Title III of Law 18/2014 of 15 October, it is necessary to validate data on the energy sales of those subjects.

Therefore, another additional provision is introduced by requiring that information to the National Markets and Competition Commission and to the Strategic Petroleum Reserve Corporation.

Furthermore, in compliance with the provisions of Directive 2012/27/EU of 25 October 2012, the obligation to carry out an assessment of the energy efficiency potential of gas and gas infrastructure is established. electricity, in order to be able to determine the specific measures and investments in the networks involving improvements in energy efficiency, some aspects are included in relation to the invoicing and the access to the data of the gas consumers and electricity and the obligation to provide information to consumers of electrical energy is regulated on the potential of the telemanagement counters.

Finally, some articles of Royal Decree 1434/2002, dated 27 December, which regulate the activities of transport, distribution, marketing, supply and procedures for the authorisation of installations are modified. natural gas, and certain forecasts are collected in order to improve the information that the distribution and marketing companies of natural gas and electricity offer to their customers, as well as the detail of the invoice, which will allow the consumers have better information to regulate their energy consumption.

According to the provisions of Article 5.2 (a) and Article 7, as well as the transitional provision seventh of Law 3/2013, of 4 June, of the creation of the National Commission of Markets and Competition, this royal decree has been subject to a mandatory report from the National Commission on Markets and Competition. In addition, the mandatory processing of the hearing has been carried out to the interested parties, as provided for in Article 24.1 of Law 50/1997 of 27 November of the Government.

Articles 149.1.13. and 25. of the Constitution attribute to the State exclusive competence on the basis and coordination of the general planning of economic activity and on the basis of the mining and energy regime, respectively. This royal decree is covered by these jurisdiction titles, as well as in the final provision of Law 34/1998 of 7 October, which authorizes the Government to approve, in the field of its powers, by means of royal decree the rules of development of that law and Article 41 of Law 11/2013 of 26 July, which enables the Government to amend the objectives set out in that Article, and to set additional objectives.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of 4 December 2015,

DISPONGO:

Article 1. Object.

Constitutes the object of this royal decree the introduction of measures related to the promotion of the use of biofuels and other renewable fuels for transport purposes, as well as partial incorporation to the Spanish legal system of Directive 2015/1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98 /70/EC on the quality of petrol and diesel fuels and Directive 2009 /28/EC on promoting the use of renewable energy from renewable sources.

Article 2. Objectives for the sale or consumption of biofuels for transport purposes.

1. In accordance with the provisions of article 41.4 of Law 11/2013, of July 26, of measures of support for entrepreneurship and growth stimulus and job creation, to achieve the objectives related to the use of renewable energy In accordance with Article 1 (1) of Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU)), regulated objectives, such as setting additional objectives, taking into account developments in the sector of fuels and biofuels, the progress achieved in the consumption of electricity from renewable sources in transport and from the Community legislation to be established in the field of renewable energy objectives in transport and in the the gross final consumption of energy.

2. The targets for the sale or consumption of biofuels referred to in the previous paragraph are the percentages of the sales or consumption of biofuels on the total of petrol and diesel sold or consumed for transport purposes in energy content, including biofuels, and which shall be calculated, for each of the required subjects listed in Article 3, in accordance with the formulae set out in the current rules.

3. For the purpose of calculating renewable energy in transport, the percentage of biofuels produced from cereals and other crops rich in starch, sugars, oilseeds and other crops planted in agricultural land such as Major crops for energy purposes will not be able to exceed 7 percent of final energy consumption by 2020.

By resolution of the Secretary of State for Energy, it will be possible to establish that the quota from biofuels produced from crops planted on agricultural land as main crops for purposes energy and other than cereals and other crops rich in starch, sugars and oilseeds, are not counted for the purposes of the limit laid down in the preceding paragraph, provided that:

(a) The verification of compliance with the sustainability criteria set out in Article 4 (1) to (4) of Royal Decree 1597/2011 of 4 November 2011 on the sustainability criteria for the Biofuels and bioliquids, the National Sustainability Verification System and the double value of some biofuels for the purposes of their calculation, have been carried out in accordance with Article 6 and Article 7 (1) of the same royal decree.

(b) Such crops have been planted on land falling within the scope of point 8 of Part C of Annex I to Royal Decree 1597/2011 of 4 November 2011 and the corresponding premium eB as defined in Part C of Annex I. Point 7, has been included in the calculation of greenhouse gas emissions for the purpose of demonstrating compliance with the provisions of Article 4 (1) of that Royal Decree.

4. On the order of the Minister for Industry, Energy and Tourism, following a report from the Government's Delegated Committee for Economic Affairs, an indicative target for the sale or consumption of advanced biofuels will be established before 6 April 2017, These are understood as those from raw materials that do not compete with food crops, such as those produced from residues and algae, with a reduced impact in terms of indirect land use change and high global reduction of greenhouse gas emissions.

This order will also establish the list of biofuels that will have the consideration of advanced, as well as the multiplier of the energy content of each one of them, for the fulfillment, if any, of each one of the regulated objectives.

Article 3. Subjects required to demonstrate compliance with the targets for the sale or consumption of biofuels for transport purposes.

According to the provisions of article 41.1 of Law 11/2013, of July 26, of measures to support the entrepreneur and to stimulate growth and job creation, in conjunction with Article 43.1 of Law 34/1998, 7 of October, the subjects required to prove the fulfilment of the objectives referred to in the previous article are as follows:

(a) The wholesale operators, regulated in Article 42 of Law 34/1998 of 7 October, of the hydrocarbon sector, for their annual sales on the domestic market, excluding sales to other wholesale operators.

(b) Companies that develop the retail distribution activity of petroleum products, as regulated in Article 43 of Law 34/1998 of 7 October, on the part of their annual sales on the domestic market provided by the wholesale operators or by other retail distributors.

(c) Consumers of petroleum products, on the part of their annual consumption not provided by wholesale operators or by companies that develop the retail activity of petroleum products.

Additional disposition first. Minimum mandatory targets for the sale or consumption of biofuels for transport purposes for the period 2016-2020.

In accordance with the provisions of Article 2 (1) of this Royal Decree, the subjects referred to in Article 3 shall, before the certification body, accredit each year the ownership of a minimum quantity of Biofuels certificates to meet the minimum mandatory targets for energy content, as follows:

a) For the year 2016 the minimum mandatory biofuel target will be 4.3% in annual computation, a result of weighting a target of 4.1% during the first half of 2016 and the target of 4.5% during the second half of 2016. from 2016.

(b) For the years 2017 to 2020, the objectives of biofuels in annual computation shall be:

	2017	2018	2019	2020
Biofuels Mandatory Targets (%)	5%	6%	7%	8.5%

Additional provision second. Information and documentation relating to the raw material used in the manufacture of biofuels.

For the accounting of biofuels within the meaning of Article 2 (3) and (4) of this Royal Decree, the raw materials or the corresponding biofuel shall be accompanied by the information and documentation to be determined by the certification body responsible for issuing certificates for the sale or consumption of biofuels.

Additional provision third. Information on the origin of the fuel in retail distribution facilities of independent petroleum products.

As provided for in Article 43.5 of Law 34/1998 of 7 October, the holders of the retail distribution facilities of petroleum products, which do not belong to the distribution network of an operator to the greater, they will be able to report the origin of the fuel they market by advertising the wholesale operator or distributor of which they acquire the fuel.

In this case, they must necessarily indicate the date of purchase, product, quantity in cubic meters and social denomination of all the wholesale operators and distributors to which fuel has been purchased, as minimum, in the last sixty days. They may also incorporate the trademarks, logos or other distinctive signs of such operators and distributors only in those cases where they have the prior written consent of the holder of such marks, logos or signs. flags.

Additional provision fourth. Reporting by the Autonomous Communities and local authorities on their energy saving and efficiency programmes.

In order to comply with the obligations arising from Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, from the entry into force of this royal decree, the local authorities as well as the competent authority of each autonomous community for energy efficiency, shall report annually, before 31 December of each year, to the Ministry of Industry, Energy and Tourism, the energy savings and the the emissions of avoided carbon dioxide, derived from the actions in the field of savings and energy efficiency promoted by the local authority or autonomous community and carried out in the field of its municipality and its territory respectively, and in an aggregated form since 1 January 2014.

By order of the Minister of Industry, Energy and Tourism will determine the form, content and breakdown in which such information is to be sent, as well as the methodology of calculation.

Additional provision fifth. Information Obligation of the National Markets and Competition Commission and the Strategic Petroleum Products Reserve Corporation on energy sales.

The National Commission of the Markets and Competition as well as the Corporation of Strategic Petroleum Products, will send to the General Directorate of Energy Policy and Mines, before September 30 each year and in electronic format, the information on the energy sales for the previous year, expressed in GWh, of the subjects under the national energy efficiency obligation system, as laid down in Chapter IV of the Title III of Law 18/2014 of 15 October 2014 on the approval of urgent measures for the growth, competitiveness and efficiency.

For the completion of this information, account must be taken of the definitions and conversion factors established in the current regulations regarding the procedure for the sending of information of the obliged system of energy efficiency obligations with regard to their energy sales.

Additional provision sixth. Assessment of the potential for energy efficiency in gas and electricity infrastructure.

1. The National Markets and Competition Commission shall take into account energy efficiency in the performance of its regulatory functions, in particular in decisions affecting the operation of gas and gas infrastructure. electricity, as well as with respect to methodologies for the establishment of tolls and access charges for installations.

2. Before the end of three months after the entry into force of this royal decree, the distribution companies and the operators of electric power and natural gas transport facilities shall forward to the National Commission of the Markets and Competition an assessment of the energy efficiency potential of the infrastructure of their ownership. Such assessment shall include specific measures and actions to improve energy efficiency provided that the cost-benefit analysis is positive and with a timetable for its implementation.

3. The National Markets and Competition Commission shall forward to the Secretariat of State of Energy no later than six months after the entry into force of this provision, a report with an assessment of the efficiency potential. energy infrastructure for the transport and distribution of electricity and natural gas on the basis of the evaluations. This will include the analysis of the actions presented by the companies and proposals for their implementation.

Additional provision seventh. He studied rental costs for accountants.

The National Commission of the Markets and the Competition will carry out, before December 31, 2016, the first study relating to the price applicable to the rental of meters referred to in Article 49.8 of the Royal Decree 1434/2002, dated December 27. This study will include an analysis of the average age of the rental meter park.

Additional disposition octave. Billing for gas and electricity customers.

1. All marketers will have to offer their customers an electronic billing system and the consultation of their "online" billing, as well as to have on their website a system that allows their customers to access in a telematic and free way to all your bills, at least the last two years.

2. Gas marketers and electrical energy distributors shall provide electronic access to their customers, or consumers connected to their networks, as appropriate, and to energy service companies duly authorised by them. in such a way that they have at their disposal the relevant data for at least the preceding three years or for the period from the start of their procurement, if this is of a shorter duration. The data shall correspond to the intervals at which frequent billing information has been submitted. The form of access to such data by the consumer must be shown in clear and legible form on the invoices of the marketing persons.

3. In cases where a consumer changes to a marketer, the former marketer shall keep the consumer's access to the information that corresponds to him in accordance with the preceding paragraphs, relating to the period in which the consumer was contractual relationship between the two, for the following two or three years respectively.

4. All aspects provided for in this provision shall be implemented in accordance with the provisions of the gas and electricity sector, as appropriate.

Additional provision ninth. Information to the electrical energy consumer.

Electricity distribution companies will provide consumers with appropriate advice and information on telemanagement counters, in particular on their full potential in relation to reading management. of the counters and the monitoring of energy consumption.

Single transient arrangement. Adaptation of the invoices of the marketers and systems of the natural gas distributors and the electric energy marketers.

Commercial and natural gas distributors shall have a maximum period of six months from the publication of this royal decree to make the necessary adaptations in order to comply with the provisions of this Directive. the new wording of Articles 49, 51 and 53 of Royal Decree 1434/2002 of 27 December on the transport, distribution, marketing, supply and authorisation procedures of gas installations natural and in the additional eighth provision of the present royal decree.

Likewise, the electric energy marketers will have a maximum period of six months from the publication of this royal decree to make the necessary adaptations in order to comply with the provisions of the the eighth additional provision of this royal decree.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to the provisions of this royal decree.

Final disposition first. Amendment of Royal Decree 1597/2011 of 4 November on the sustainability criteria for biofuels and bioliquids, the National Sustainability Verification System and the double value of some biofuels effects of your computation.

Article 9 (5) of Royal Decree 1597/2011 of 4 November 2011 on the sustainability criteria for biofuels and bioliquids, the National Sustainability Verification System, is amended. and the double value of some biofuels for the purposes of their computation, which happens to have the following wording:

" 5. Subject to the sale or consumption of biofuels, as set out in the current legislation. "

Final disposition second. Amendment of Royal Decree 61/2006 of 31 January laying down the specifications for petrol, gas oils, fuel oils and liquefied petroleum gases, the use of certain biofuels and the sulphur content of fuels for maritime use.

Article 8.5.a is amended) which shall be worded as follows:

"(a) In the case of gasolines with more than 5 percent by volume of bioethanol or more than 2.7 percent by mass of oxygen, the consumer must be informed with the following announcement:" Before using this product make sure to which is suitable for your engine. ""

Final disposition third. Amendment of Royal Decree 1434/2002 of 27 December regulating the activities of transport, distribution, marketing, supply and procedures for the authorisation of natural gas installations.

One. Article 49 is worded as follows:

" Article 49. Measurement equipment.

1. A measurement equipment shall be installed at each point of supply. These equipment shall have exceeded the metrological control established in the European Union and shall comply with the UNE-EN standards applicable to it.

The installation of measuring equipment, in receiving facilities connected to networks of less than 4 bar, will preferably be carried out in common areas, in accordance with the provisions of the UNE 60670 standard, and once the same is completed. they shall be sealed in such a way as to ensure that they cannot be handled by third parties. Where the measuring equipment is located within the user's property limit, the user shall provide access to the staff sent by the duly accredited distribution company carrying out the tasks of reading, installing, removing, replacing and/or maintenance.

2. The measuring equipment may be owned or rented by the consumer.

In the case of consumers currently benefiting from Group 3 tariffs or tolls, or those that may be replaced in the future, distribution companies are obliged to make available to their disposal equipment for their use. rent. The distributors will proceed to the installation of the counters of the consumers who have received this group of tolls, whether they are rented or owned by the consumer and provided by the consumer, not being able to demand any amount for it.

In all cases, the measuring equipment shall be sealed by or authorized by the distributor, without any financial compensation.

3. Consumers included in any of the following groups should have telematic equipment capable of measuring at least daily flow rates:

(a) Consumers connected to pipelines whose maximum design pressure is greater than 60 bar.

(b) Consumers connected to pipelines whose design pressure is less than or equal to 60 bar and whose annual consumption is greater than 5,000,000 kWh.

The Minister for Industry, Energy and Tourism, depending on the evolution of the technology and the evolution of the market, will be able to modify in order the thresholds to establish this obligation.

Also, depending on the results of the economic evaluation of the costs and benefits for its implementation, the Minister of Industry, Energy and Tourism will be able to establish the mandatory use of smart meters. as the development plans for deployment.

To these effects, when the technological evolution of the accountants or the market advises, the National Commission of the Markets and the Competition will carry out a study, with a complete economic analysis that reflects a balance entered the costs and benefits of all the actors involved in the gas chain: carriers, distributors, marketers and consumers to calculate whether their implementation is beneficial for the whole of society. This study will be sent to the Ministry of Industry, Energy and Tourism.

Gas distributors will be able to establish plans for the development and implementation of smart meters in their distribution networks, provided that they do not entail an increase in costs to be passed on to consumers, including those corresponding to the performance of the readings or the hire of the equipment.

4. At the request of the consumer and charged with the same, equipment for measuring the operation of coins, cards or other self-control systems may be installed, which will accommodate the current tariff structure. These measuring equipment must be of approved model or be authorised for use and must have a primitive or appropriate verification and seal.

5. The natural gas measurement equipment supplied to consumers shall incorporate the elements necessary for the measurement of the quantities required for the billing of the contracts for access to the network.

6. The consumer will be responsible for the custody of the measuring and control equipment and the owner of the equipment will be responsible for its maintenance.

7. Every five years the National Commission of the Markets and the Competition will carry out a study on the monthly price to apply to the rental of counters destined to customers to nets of pressure less than or equal to 4 bar and consumption less than or equal to 50,000 kwh/year by the distributors. "

Two. Article 51 is worded as follows:

Article 51. Reading the supplies.

1. The reading of the supplies will be the responsibility of the distribution companies, which will make it available to the consumer and the marketer who supplies it.

2. The frequency of reading will be monthly for those users with an annual consumption of more than 100,000 kWh. In the rest of the cases, the periodicity will be monthly or bimonthly.

For the purposes of carrying out the readings of the counters located inside the houses, the distribution company will inform the client in advance of the date and time of the visit as well as a telephone of attention. to which the client can address and the systems at its disposal so that the client can communicate the meter reading. This communication may be made by posting a notice on the notice board of the building at least two days in advance.

3. In cases where, for reasons other than the distributor, it has not been possible to read the counter, the distributors shall make a system for the communication of the reading of the meter available to consumers and traders. counter. For these purposes, at least a free or conventional telephone number must be available without additional or special charging, and telematic means at no additional cost, ensuring that the consumer is aware of the receipt of their communication.

Marketers will include in all invoices issued with readings estimated by the distributor the information about the procedure for the communication of the actual reading of the counter by the consumer to the distributor.

4. In cases where it has not been possible to read the counter for causes outside the distributor, nor has the consumer provided the reading, the distributor may make an estimate of the consumption on the basis of the consumption profile. of this supply point, with a minimum annual adjustment on the basis of the actual reading. The Directorate-General for Energy Policy and Mines may establish by resolution the procedure for estimating the consumption.

5. If, as a result of a regularisation on the basis of the actual reading, amounts were invoiced lower than those due the difference for payment purposes shall be prorated on as many invoices as months have elapsed since the last actual reading.

If, as a result of administrative errors by the distribution company, amounts were invoiced lower than due, the difference for payment purposes will be prorated on as many bills as months. passed on the error, without being able to exceed the deferral or the period to be rectified for six months, except in the case where the reading provided by the consumer has been less than the actual reading.

If higher than due amounts have been invoiced, the return will occur on the first invoice from the actual reading, without any fractionation in the amounts to be returned in this case, will be applied to the amounts advanced to the legal interest of the money in force at the time of the rebilling. In the case where the reading supplied by the consumer has been higher than the actual reading, the interest shall not apply.

Non-billing in time and the delay in taking real readings by the distribution company will have the same treatment as administrative errors, except in cases where the consumer has not allowed the access to the counter or have provided the counter reading. "

Three. Article 53 is amended as follows:

" Article 53. Bill content.

1. The invoices for the application of tariffs, tolls and royalties will express all the variables that serve as the basis for the calculation of the amount to be charged. The Directorate-General for Energy Policy and Mines may approve by resolution to be published in the "Official State Gazette", a model of the minimum content of the bill for domestic consumers with consumption of less than 50,000 kWh/year. Such a model shall be binding on the supplies made by the traders of last resort to the consumers covered by the tariff of last resort.

2. The invoices of the marketing companies to their consumers must include, in any case, the following information:

a) Universal supply point identification code (CUPS).

b) Date of issue of the invoice.

c) Period to which the counter billing and readings correspond in that period.

d) Inbilled gas consumption for that period.

e) Indication of whether the billed volume is real or estimated.

(f) Fees applied and, where applicable, official provisions in which they were approved and dates of publication in the "Official State Gazette".

g) Supply pressure and conversion factors of calorific power applied, with its justification. In particular, the address of the website published by the Technical Manager of the System where the consumer can verify the billing PCS corresponding to its municipal term must be included.

h) Detailed description of the regularization in case an estimate of the consumption has been made in previous periods.

(i) Indication of the percentages corresponding to the allocation of costs for the remuneration of the system's technical manager the fees applicable for the provision of services and the carrying out of activities in relation to the system natural gas sector, where applicable.

j) The distributor's free emergency care phone.

k) The invoiced consumption history of the point of supply over the last two years or from the available date in case the supply was initiated by the company at a later date.

l) In the invoices of the marketers to the consumers, in addition, the rate of access to which the supply was received must be included.

3. The invoices of the operator of the premises to the traders and qualified consumers who make use of the right of access of third parties to the network, for the term of driving of the toll of transport and distribution, will contain in any case the information reflected in the previous section.

The billing of the operator of the facilities to the marketers may be done by an aggregate invoice and attach the billing detail with the information of each customer in electronic format.

4. The marketer shall include, where appropriate, in his invoice and in detail, the quantity corresponding to the dealer's rental of counters, the fee for common facilities, the cost of the regulatory inspections carried out as well as other services which are regulated to be charged by the dealer on behalf of the distributor.

In the event that the marketer performs the billing of the meter rental, on behalf of the dealer, it must be included in the contract of the marketer that the dealer has with the consumer.

5. The distributor shall be obliged to communicate to any consumer connected to its premises that it is requested by the universal identification code of the supply point corresponding to it, together with the information necessary to facilitate the change. supplier.

6. All marketers will have to offer their customers, an electronic invoicing system and the consultation of their "online" billing, as well as having on their website a system that allows their clients to access telematic and free to all your bills, at least the last two years.

They shall also provide electronic access to their customers and to the energy service companies duly authorized by them, so that they have at their disposal the corresponding data for at least three years. prior to the start of the supply contract, if the latter is of a shorter duration. The data shall correspond to the intervals at which frequent billing information has been submitted. The form of access to such data must be clear and legible in the form of invoices.

In cases where a consumer changes the marketer, the former marketer will maintain that consumer's access to the information collected in the previous two paragraphs, relating to the period in which the consumer was contractual relationship between the two, for the following two or three years respectively.

7. Marketers who supply end-users will have a telephone number, a postal address and an e-mail address to which users can request clear and comprehensible explanations on the concepts in question. those based on their invoices, as well as a service of complaints and 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. Such telephone numbers, postal addresses and e-mail addresses to which the consumer can address must be included in the invoices and shall be free of charge.

8. Without prejudice to the content which, in any case, must appear on invoices in accordance with this Article, the marketing undertakings may make available to the customers who so request flexible payment plans.

9. Marketers shall provide customers with information and estimates on the cost of the supply of natural gas in an easily understandable format that users can use to compare offers in terms of equality. For these purposes, the National Markets and Competition Commission may approve a methodology and format for estimating this cost to be available to consumers and on their website.

10. The National Markets and Competition Commission shall publish or include links to public bodies which publish it, information on the estimation of energy consumption on the basis of housing and its equipment, on measures available for energy efficiency improvement and objective technical specifications of equipment using energy.

11. Distributors, marketers and suppliers of energy from natural gas shall include in their contracts, in the amendments thereto, in the invoices and on their website, the contact details and the website of the Commission. National of the Markets and Competition, of the Institute for the Diversification and Saving of Energy and of the competent body of the Autonomous Community, where they can obtain information on the energy efficiency measures available, Comparative profiles of their energy consumption and the technical specifications of household appliances which can be used to reduce the consumption of these appliances.

12. In no case will marketers be able to bill their customers for the issue of invoices or for access to their consumer data.

13. Failure to comply with the provisions of this Article shall be regarded as a serious infringement in accordance with Article 110,s of Law 34/1998 of 7 October of the hydrocarbon sector. '

Final disposition fourth. Competence title.

This royal decree is dictated by the provisions of Article 149.1.13. and the 25th of the Spanish Constitution, which gives the State exclusive competence to determine the bases and coordination of the planning. general economic activity and the bases of the mining and energy regime.

Final disposition fifth. Incorporation of rules of law of the European Union.

By this royal decree, Directive 2015/1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98 /70/EC on the approximation of the laws of the Member States relating to the quality of petrol and diesel fuels and Directive 2009 /28/EC on the promotion of the use of renewable energy from renewable sources; and Directive 2012/27/EU of the European Parliament and of the Council of 25 October on efficiency energy, amending Directives 2009 /125/EC and 2010 /30/EU and amending Directives 2009 /125/EC and 2010 /30/EU repeal Directives 2004 /8/EC and 2006 /32/EC.

Final disposition sixth. Entry into force.

This royal decree shall enter into force on the day following that of its publication in the "Official Gazette of the State", with the exception of Articles 1 to 3, and the additional first provision to be made on 1 January 2016, as well as the the third additional provision and the second final provision which will do so within sixty days of the publication of this royal decree in the "Official State Gazette".

Given in Madrid, 4 December 2015.

FELIPE R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ