Royal Decree 1085 / 2015, December 4, From Promotion Of Biofuels.

Original Language Title: Real Decreto 1085/2015, de 4 de diciembre, de fomento de los Biocarburantes.

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I the 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 for amending and repealing directives 2001/77/EC and 2003/30/EC, establishes 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 percent of final consumption of energy in transport.

Sixteenth additional provision of law 34/1998, of October 7, the hydrocarbon sector, established annual targets for biofuels and other renewable fuels for the purpose of transport up to the year 2010, enabling the Government to modify these objectives, as well as to establish additional objectives.

Law 2/2011, March 4, sustainable economy, established in its article 78 a minimum national target of participation of renewable energies in gross final energy consumption of 20 percent by 2020. This objective shall be with a share of energy from renewable energy in all types of transport in 2020, that it is at least equivalent to 10% of final consumption of energy in the transport sector.

On the other hand, the Royal Decree 1597 / 2011, 4 November, which regulates the sustainability criteria for biofuels and bioliquids, the national system of verification of sustainability and the double value of some biofuels for the purposes of their computation, establishes, among other issues, the methodology of calculation of the emissions of greenhouse gases the applicable definitions in the calculation and description of economic operators in the chain of production and marketing of biofuels and bioliquids, whose facilities and products shall be subject to inspection and control in the framework of the national system of verification of compliance with the criteria of sustainability of biofuels and bioliquids.

Subsequently, law 11/2013, of July 26, support measures for entrepreneurs and encouraging growth and job creation, whose predecessor was the Royal Decree-Law 4/2013, 22 February, considered justified, to ensure the stability of prices of automotive fuels, given the scenario of economic recession and taking into account the evolution of prices of petroleum products reduce the objectives which had been regulated in Royal Decree 459/2011, from 1 April, whereby mandatory biofuels targets are set for the years 2011, 2012 and 2013 to 2013. That law established objectives of sale or consumption of global biofuels and 4.1 percent diesel and gasoline of 3.9 per cent, in energy, for the years 2013 and thereafter, content and enabled the Government to modify the goals envisaged in the same, as well as to establish additional objectives.

Substantially amended the situation that resulted in the approval of law 11/2013, on 26 July, and taking into account the current stage of fuel prices, it is considered appropriate to revise the objectives of sale or consumption of biofuels for the 2016-2020 period, only by setting an overall objective of compulsory minimum consumption of biofuels, so that obligors have flexibility to achieve it , through certificates of biodiesel on diesel or gasoline, either.

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

For the determination of the obligation of 2016 has been considered a target of 4.5 percent in the second half of the year, maintaining the obligation of 4.1 per cent during the six months required for the adaptation of the obligors as provided for in Royal Decree.

The regulation of a single global objective of sale or consumption of biofuels, unrestricted by product, since the entry into force of the Royal Decree, obligors gives greater flexibility in compliance with the aforementioned objective.

In addition, pursuant to article 41.4 of the law 11/2013, July 26, enabled the Government to modify the previously established objectives, as well as to establish additional objectives, depending on the evolution of the sector of fuels and the different types of biofuels, the progress achieved in the consumption of electricity produced from renewable sources in transport and the Community legislation established in terms of objectives of renewable energy in transport and the gross final energy consumption.

By the year 2020, as provided for in the directive (EU) 2015 / 1513 of the European Parliament and of the Council, of 9 September 2015, amending Directive 98/70/EC concerning the quality of petrol and diesel fuels, and directive 2009/28/EC on the promotion of the use of renewable energy from renewable sources establishes that, for the computation on the target for renewable energy in transport, the share of biofuels produced from grains and other crops rich in starch, sugar, oilseeds and other crops planted in agricultural lands as main crops primarily for energy purposes shall not exceed 7 percent.

In addition, by order of the Minister of industry, energy and tourism, report of the Commission of the Government representative for Economic Affairs, will be established, before April 6, 2017, a purpose of sale or consumption of advanced biofuels, the list of biofuels that shall be regarded as advanced, as well as the multiplier factor of the energy of each content , for compliance, where appropriate, each of the regulated objectives. This development will be held in the terms required by the law of the European Union.

Biofuels produced from waste, does not imply an additional demand of soil, providing substantial reductions of greenhouse gas emissions. To meet the objectives, should promote the use of biofuels from raw material waste, taking into account provisions of law 22/2011, July 28, of waste and contaminated soils, in particular, the principle of the waste hierarchy. It is the case of oils which have a mature technology, promoting the collection of the raw material and processing for use as biofuel.

Finally, the present Royal Decree develops description of the obligors to evidence compliance with the objectives of consumption and sale of biofuels included in law 11/2013, of July 26, in order to adapt it to the provisions in law 8/2015, May 21, amending the law 34/1998, of October 7 the hydrocarbons Sector, and which regulates certain tax and non-tax measures in relation to the exploration, research and exploitation of hydrocarbons.

II the present Royal Decree, regulates the precise information that the holders of distribution facilities should be available to the retail petroleum distributors who want to benefit from the possibility of informing of the origin of the fuel market, which offers article 43.5 of the law 34/1998, of October 7. This regulation is intended to that the information is presented to consumers about the origin of the fuel provided by the facilities to the retail are truthful and faithful, as well as protecting the rights of operators brand to the wholesale and distributors to the retail supplied to independent stations.

III in order to comply with the obligations arising from article 7 of the directive 27/2012/EU of the European Parliament and of the Council of 25 October 2012, energy efficiency, as well as of law 18/2014, October 15, adoption of urgent measures for growth, competitiveness and efficiency, it is necessary the collection of annual data on energy savings and avoided emissions of carbon dioxide obtained by actions carried out both by the autonomous communities as those carried out by local authorities, therefore entering an additional provision requiring such information disaggregated by autonomous communities and local entities so annual and aggregate from 2014. The form, content and breakdown that such information should be submitted is an indispensable complement to ensure the lowest common denominator established in the additional provision, by what is available to them will determine the Ministry of industry, energy and tourism by order.

On the other hand, in this area, to establish the percentages of sharing the goal of annual savings between the relevant obligors as well as quotas or saving obligations resulting and its financial equivalent, regulated in chapter IV of title III of the law 18/2014, October 15, is necessary the validation of data on sales of energy of the aforementioned subjects.

Therefore, introduces other additional provision requiring that information to the National Commission of markets and competition and the Corporation's strategic reserves of petroleum products.


Also, pursuant to the provisions of the aforementioned directive 2012/27/EU of 25 October 2012, lays down the obligation to carry out an assessment of the potential of energy efficiency of gas infrastructure and electricity, in order to determine the measures and investments specific networks involving energy efficiency improvements, some aspects in relation to the billing and access to consumers of gas data collected and electricity and regulates the obligation to provide information to consumers of electric energy on the potential of remote counters.

Finally, amending some articles of the Real Decree 1434 / 2002, of 27 of December which regulates the activities of transport, distribution, marketing, supply and natural gas facilities authorization procedures, and will collect certain provisions in order to improve the information that the distribution companies and distributors of natural gas and electricity offer their customers as well as the detail of the Bill, allowing consumers to have better information to regulate their energy consumption.

International provisions in article 5.2, to) and article 7, as well as in the seventh transitional provision of law 3/2013, June 4, creation of the National Commission of markets and competition, this Royal Decree has been subject to mandatory report of the National Commission of markets and competition. He has also been mandatory hearing process to stakeholders, as provided for in article 24.1 of the Law 50/1997, of 27 November, the Government.

The articles 149.1.13. and 25.ª of the Constitution attribute to the State exclusive competence on the bases and coordination of the general planning of economic activity and on the basis of the regime and mining, respectively. This Royal Decree covers such competence certificates, as well as the available finish second of the law 34/1998, of October 7, which authorizes the Government to approve, within the scope of its powers, by Royal Decree the rules of development of the law and article 41 of the law 11/2013, 26 July, which empowers the Government to modify the objectives provided for in article as well as to establish additional objectives.

By virtue, on the proposal of the Minister of industry, energy and tourism, according to the Council of State and after deliberation by the Council of Ministers at its meeting of December 4, 2015, have: article 1. Object.

Is the object of the present 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 the partial incorporation into the Spanish legal system of the Directive 2015 / 1513 of the European Parliament and of the Council, of 9 September 2015, amending Directive 98/70/EC 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.

Article 2. Objectives of sale or consumption of biofuels for transportation purposes.

1. in accordance with the provisions of article 41.4 of the Act 11/2013, 26 July, support for entrepreneurs and encouraging growth and job creation measures, to achieve the objectives concerning the use of renewable energy sources set out in the regulations of the European Union, Government may regulate sale or consumption of biofuels and other renewable fuels targets , on biofuels for transport purposes, being enabled to modify both the regulated objectives, as to establish additional objectives, taking into account the evolution of the sector of fuels and biofuels, the progress achieved in the consumption of electricity from renewables in transport and Community rules to be determined in terms of objectives of renewable energy in transport and the gross final energy consumption.

2. the objectives of sale or consumption of biofuels referred to in the preceding paragraph are the percentages of sales or consumption of biofuels of all petrol and diesel sold or consumed for the purpose of transportation, energy content, including biofuels, and that shall be calculated, for each of the required subjects listed in article 3 , according to the formulas listed in the regulations.

3. for the computation in the goal of renewable energy in transport, the share of biofuels produced from grains and other crops rich in starch, sugars, oilseeds and other crops planted in the agricultural lands as main crops primarily for energy purposes it may not exceed 7 per cent of the final consumption of energy in transport in 2020.

By resolution of the Ministry of energy you can establish that the share coming from biofuels produced from crops planted on farmland as main crops primarily for purposes other than cereals and energy and other rich starch, sugar and oilseeds, crops not accounted for within the limit established in the preceding paragraph (, always and when: a) the verification of compliance with the sustainability criteria set out in article 4, paragraphs 1 to 4, of the Royal Decree 1597 / 2011, 4 November, which regulates the sustainability criteria for biofuels and bioliquids, the national system of verification of sustainability and the double value of some biofuels for the purposes of its computation He is carried out in accordance with article 6 and article 7, paragraph 1, of the same Royal Decree.

(b) these crops have been planted in lands falling within the scope of annex I, part C, paragraph 8, of the Royal Decree 1597 / 2011, 4 November, and the premium corresponding eB defined in annex I, part C, point 7, has been included in the calculation of greenhouse gas emissions in order to demonstrate compliance with the provisions of article 4 paragraph 1, of the aforementioned Royal Decree.

4. by order of the Minister of industry, energy and tourism, report of the Commission of the Government representative for Economic Affairs, will be established, before the 6 April 2017, an objective indication of sale or consumption of biofuels advanced, understood these as those from raw materials which do not compete with food crops, such as those produced from waste and algae with an impact reduced in terms of indirect change of land use and a high global reduction in emissions of greenhouse gases.

Such order shall establish also the list of biofuels that shall be regarded as advanced, as well as the multiplier factor of the energy content of each of them, for compliance, where appropriate, each of the regulated objectives.

Article 3. Subjects bound to evidence compliance with the objectives of sale or consumption of biofuels for transportation purposes.

Pursuant to article 41.1 of the Act 11/2013, 26 July, measures of support to entrepreneurs and encouraging growth and job creation, in connection with article 43.1 of the law 34/1998, of October 7, the subjects bound to evidence compliance with the objectives referred to in the preceding article are as follows (: a) the operators to the wholesale, regulated in article 42 of the law 34/1998, of October 7, the hydrocarbon sector, its annual sales in the domestic market, excluding sales to other operators to the wholesale.

(b) the companies that develop the activity of distribution to the retail of petroleum products, regulated in article 43 of the law 34/1998, of October 7, in the part of its annual sales in the domestic market not supplied by the operators to the wholesale or by other dealers at the retail.

(c) the consumers of petroleum products, in the part of its annual consumption not supplied by operators to the wholesale or by the companies that develop the activity of distribution to the retail petroleum products.

First additional provision. Minimum mandatory targets of sale or consumption of bio-fuels for the purpose of transportation for the period 2016-2020.

International provisions of paragraph 1 of article 2 of the present Royal Decree, the subjects referred to in article 3 must prove annually, before the certification entity, ownership of a minimum quantity of certificates of biofuels that meet the minimum mandatory targets in energy content, following: to) by 2016, the minimum mandatory target of biofuels will be 4.3% on an annual basis result of weighing a target of 4.1 per cent during the first half of 2016 and the objective of 4.5% during the second half of 2016.

(b) for the period 2017 years 2020 objectives of biofuels on an annual basis will be: 2017 2018 2019 2020 mandatory minimum targets for biofuels (%)





5% 6% 7% 8.5% second additional provision. Information and documentation relating to the raw material used in the manufacture of biofuels.


For the accounting of biofuels for the purposes of paragraphs 3 and 4 of article 2 of the present Royal Decree, the raw materials or the corresponding biofuel must be accompanied by the information and documentation that determines the certification body responsible for issuing certificates of sale or consumption of biofuels.

Third additional provision. Information on the origin of the fuel distribution facilities to the independent petroleum products retail.

Accordance with article 43.5 of the law 34/1998, of October 7, the holders of distribution facilities to the retail of petroleum products, which do not belong to the network of an operator to the wholesale, you can find the origin of the fuel being marketed advertising the operator or supplier of which acquire the fuel.

In this case, must necessarily indicate the date of acquisition, product and quantity in cubic meters and name of all operators to the wholesale and distributors that you purchased fuel, at least in the last sixty days. They may also incorporate the trademarks, logos, or other distinguishing such operators and distributors, only in those cases in which to have prior authorization and written consent of the owner of such trademarks, logos or distinctive signs.

Fourth additional provision. Obligation of information of the autonomous communities and local entities on their savings and energy efficiency programs.

In order to comply with the obligations arising from the directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012, energy efficiency, since the entry into force of this Royal Decree, local authorities as well as the competent organ of each autonomous community in the field of energy efficiency, inform every year, before 31 December each year the Ministry of industry, energy and tourism, energy savings and emissions of carbon dioxide avoided, derivatives of actions in the field of energy saving and efficiency promoted by the local authority or community autonomous and carried out in the scope of its municipality and its territory respectively, and form added from 1 January 2014.

By order of the Minister of industry, energy and tourism, the form, content and breakdown is determined that such information should be submitted, as well as the methodology of calculation.

Fifth additional provision. Obligation of information of the National Commission of markets and competition, and the Corporation's strategic reserves of oil products on energy sales.

The National Commission of markets and competition as well as the Corporation's strategic reserves of petroleum products, will be sent to the Directorate-General for energy and mines, before 30 September of each year and in electronic format, information about sales of energy corresponding to the previous year, expressed in GWh, of the subjects bound within the framework of the national system of obligations of energy efficiency regulated in chapter IV of title III of the law 18/2014, on 15 October, adoption of urgent measures for growth, competitiveness and efficiency.

For filling in this information shall take into account the definitions and conversion factors established in the regulations on the procedure of sending information of the obligors of the system of obligations of energy efficiency as regards its energy sales.

Sixth additional provision. Evaluation on the potential of energy efficiency in the electricity and gas infrastructures.

1. the National Commission of competition and markets take into consideration energy efficiency in carrying out their regulatory functions, in particular in the decisions affecting the exploitation of gas and electricity infrastructures, as well as related methodologies for the establishment of tolls and fees for access to the facilities.

2. rather than within three months after the entry into force of this Royal Decree the distribution companies and the companies of transportation of electric power and natural gas facilities, forward to the National Commission of markets and competition an assessment of the potential of energy efficiency of infrastructures of their ownership. This assessment should include measures and specific actions to improve energy efficiency provided that the analysis cost benefit is positive and with a timetable for execution.

3. the national markets and the competition Commission shall transmit to the Secretary of State for energy until six months have elapsed since the entry into force of this provision, a report containing an assessment of the potential of energy efficiency of infrastructures of transport and distribution of electric power and natural gas based on assessments. This will be the analysis of the performances presented by the companies and proposals for its implementation.

Seventh additional provision. Study costs of rental of counters.

The National Commission of markets and competition take place, prior to December 31, 2016, the first study of the price applicable to the rental of Accountants referred to in article 49.8 of the Real Decree 1434 / 2002 of 27 December. This study will include an analysis of the average age of the Park of counters for rent.

The eighth additional provision. Billing of gas and electricity customers.

1. all marketers should offer to its customers a system of e-invoicing and billing «on line» consultation, as well as provide on its website of a system that allows customers to access telematics and free of charge to all bills, at least the last two years.

2. marketers of gas and electricity distributors will facilitate electronic access to its clients, or consumers connected to their networks, as appropriate, and energy services companies duly authorized by them, so that they have at their disposal data for at least three previous years or the period counting from the beginning of its hiring of supply If this is shorter. The data will correspond with the intervals in which there has been frequent billing information. How to access to these data by the consumer must be with clear, readable format on the Bills.

3. in those cases in which a consumer shift marketer, the former trader will keep the consumer access to information that corresponds according to the sections above, relating to the period in which existed the contractual relationship between the two, during the two or three years, respectively.

4. all the aspects referred to in this provision shall apply in accordance with regulation of the gas sector and the electricity sector, as appropriate.

Ninth additional provision. Information to the consumer of electricity.

The electric energy distribution companies shall provide to the consumer advice and information appropriate on the counters of remote management, in particular regarding its full potential with regard to the management of the reading of counters and monitoring of energy consumption.

Sole transitional provision. Adaptation of the invoices of marketers and systems distributors of natural gas and electricity marketers.

Marketers and distributors of natural gas will have a maximum period of six months from the publication of the present Royal Decree to make the necessary adjustments in order to comply with the new wording of articles 49, 51 and 53 of the Real Decree 1434 / 2002, of 27 of December, which regulates the activities of transport , distribution, marketing, supply and procedures of authorization of natural gas facilities and in the additional provision eight of the present Royal Decree.

In addition, marketers of electricity will have a period up to six months since the publication of the present Royal Decree to make the necessary adjustments in order to comply with the provision additional octave of the present Royal Decree.

Sole repeal provision. Repeal legislation.

Many provisions of equal or lower rank to oppose provisions of this Royal Decree are repealed.

First final provision. Modification of the Real Decree 1597 / 2011, 4 November, which regulates the sustainability criteria for biofuels and bioliquids, the national system of verification of sustainability and the double value of some biofuels for the purposes of their computation.

Paragraph 5 of article 9 of the Royal Decree 1597 amending / 2011, on 4 November, which regulates the sustainability criteria for biofuels and bioliquids, the national system of verification of sustainability and the double value of some biofuels for the purposes of their computation, which happens to have the following wording: «5. obligors to the sale or consumption of biofuels» established in the current regulations.


Second final provision. Modification of the Royal Decree 61/2006, 31 January, whereby laying down specifications for gasoline, diesel, fuel oils and liquefied petroleum gases, regulates the use of certain biofuels and the sulphur content of marine fuels.

Amending article 8.5. to) will be drafted with the following lines: ' a) in the case of gasoline with more than 5 per cent in volume of bioethanol, or more than 2.7 per cent in mass of oxygen shall inform the consumer with the following announcement: "Before using this product make sure that it is suitable for your engine."»

Third final provision. Modification of the Real Decree 1434 / 2002, of 27 of December, which regulates the activities of transport, distribution, marketing, supply and natural gas facilities authorization procedures.

One. Article 49 is drawn up in the following way: «article 49. Measuring equipment.

1. at each point of supply a measuring equipment will be installed. These teams will have surpassed the metrological established in the European Union and shall comply with the standards UNE-EN which will be applied.

The installation of the measuring equipment, in reception facilities, connected to networks of less than 4 bar, will be held preferably in public areas, in accordance with provisions of the standard UNE 60670, and once complete it will proceed to seal them so to ensure that they can not be manipulated by third parties. When the measuring equipment is situated within the limits of the property of the user, this should facilitate access to duly accredited sent by the distribution company personnel who perform tasks of reading, installation, removal, replacement or maintenance.

2. the measuring equipment shall be owned by the consumer or can be rented by the same.

Consumers currently subject to tariffs or tolls of Group 3, or those that might replace them in the future, the distribution companies are obliged to make available measuring for your rental equipment. Dealers will proceed to the installation of counters of consumers with this group of tolls, whether they are rented as if they are the property of the consumer and provided by this, and may waive any amount so.

In all cases, the measuring equipment shall be sealed by staff of the Distributor or authorized by him, unless he can perceive this economic compensation.

3 consumers included in any of the following groups must have telemetry equipment capable of measuring a minimum of daily flow: to) consumers connected to gas pipelines whose maximum design pressure exceeds 60 bar.

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

The Minister of industry, energy and tourism, according to the evolution of technology and the evolution of the market, may modify by order thresholds to establish such 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 may establish mandatory use of smart meters as well as the development plans for its implementation.

To these effects, when counters or the market technological developments so warrant, the National Commission of markets and competition will undertake a study, with a complete economic analysis that reflects a balance among the costs and benefits of all agents involved in the gas chain: transporters, distributors, marketers and consumers to calculate if their implementation is beneficial to the whole society. This study will be forwarded to the Ministry of industry, energy and tourism.

Gas dealers may establish development plans and implementation of their distribution networks smart meters, provided that they do not pose a rising costs to have an impact on consumers, including those corresponding to the realization of the readings or renting the equipment.

4. at the request of the consumer and charged to the same, performance measuring equipment may be installed by coins, cards, or other systems of self-regulation, which will accommodate the existing tariff structure. These measuring equipment must be approved type or have authorized use and having early check or where appropriate and sealing.

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

6. the consumer shall be responsible for the custody of measurement and control equipment and the owner thereof will be its maintenance.

7. every five years the National Commission of markets and competition will carry out a study on the monthly price to apply to the rental of counters for customers to networks of pressure less than or equal to 4 bar and consumption less than or equal to 50,000 kwh/year by distributors.»

Two. Article 51 is drawn up in the following way: article 51. Reading of the supplies.

1. the reading of the supplies is the responsibility of the distribution companies, which made it available to the consumer and the marketer who supplied it.

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

For the purpose of realization of the readings of the counters located in the interior of the houses, the Distributor will inform in advance customer date and estimated time of the visit, as well as a telephone that can contact the client and systems available so that the client can communicate the counter reading. This communication may be made by posting a notice on the Bulletin Board of the building with at least two days in advance.

3. in cases in which for reasons beyond the Distributor has not been possible to read counter, dealers made available to consumers and marketers a system for the communication of meter reading. For this purpose they must have less than a number phone free or conventional without additional or special pricing, and telematic means free of charge, and ensure that consumer have proof of receipt of his communication.

Marketers be included on all invoices issued with readings estimated dealer information on the procedure for the communication of the actual reading of the counter by the consumer to the supplier.

4. in those cases in which the completion of the reading of the meter for reasons unrelated to the Distributor has not been possible, nor the consumer provided the reading, the Distributor may make an estimate of the consumption based on the profile of consumption from the point of supply, with a minimum annual adjustment based on the actual reading. The Directorate-General for energy and mines may establish by resolution the consumption estimation procedure.

5. If as result of a regularization based on the actual reading had invoiced amounts less than those due the difference for payment will be prorated in as many invoices as months have passed since the last real reading.

If as consequence of administrative errors by the distribution company had invoiced amounts less than those due, the difference for payment will be prorated in as many invoices as months passed in error, without that can exceed the postponement or period to rectify of six months, except in the case in which the reading provided by the consumer has been less than the real.

If it had invoiced amounts greater than those due, return will occur on the first invoice from the actual reading, without that cannot occur fractionation in the amounts to be returned in this case, shall apply to the amounts advanced the legal interest of the existing money at the time of the rebill. In the case that the reading provided by the consumer has been higher than the real interest will not apply.

«Don't check-in time and the delay in taking real readings by the distribution company will have the same treatment as administrative errors, except in the cases in which the consumer has not allowed access to the counter or provided the same reading.»

3. Amending article 53 which is worded as follows: «article 53. Content of the invoices.

1. invoices for the application of tariffs, tolls and fees be expressed all the variables that provide the basis for the calculation of the amount receivable. The Directorate-General for energy and mines may approve by resolution that it will be published in the "official bulletin of the State", a model of the minimum content of the invoice for domestic consumers with consumption of less than 50,000 kWh per year. This model will be mandatory for supplies made by marketers of last resort to consumers with the last resort rate.

2 invoices from the companies consumers must, in any case, include the following information: a) universal ID from the point of supply (CUPS).

(b) date of issue of the invoice.


(c) period corresponding to turnover and readings of the counter in that period.

(d) consumption of gas invoiced for that period.

(e) indication of whether the invoiced volume is real or estimated.

(f) rates applied and, where appropriate, official measures that were approved and dates of publication in the "official bulletin of the State".

(g) pressure supply and conversion factors of calorific power applied, with their justification. Shall in particular include the address of the web page published by the technical manager of the system where the consumer can check corresponding to its municipal billing PCS.

(h) detailed description of the regularization in case an estimate of consumption has been on previous periods.

(i) indication of the percentages corresponding to the allocation of costs for remuneration of management system technician applicable rates for the provision of services and activities in relation to the sector of natural gas, in its case.

j) freephone emergency of the Distributor.

k) record billed consumption from the supply point during the last two years or since the date available in case of supply have been initiated by the company later.

(l) bills of marketers to consumers, in addition, shall contain the rate of access to that supply was received.

3. the invoices of the owner of the facilities to marketers and qualified consumers who make use of the right of access of third parties to the network, by the end of driving the toll of transport and distribution, will contain in any case the information reflected in the previous paragraph.

Billing for the owner of the facilities marketers can perform using an aggregate invoice and attach detail billing with the information of each customer in electronic format.

4. the marketer will include, where appropriate, on your invoice and detailed form, the amount corresponding to the rental of counters to consumer Distributor, the canon of common facilities, the cost of the regulatory inspections carried out as well as other services according to the rules established that they can be charged by the marketer for the account of the Distributor.

In the event that the marketer make the turnover of rental counters, on behalf of the Distributor, it shall include in the contract the marketer may this have on the consumer's.

5. the supplier shall be obliged to notify any consumers connected to their facilities that prompted the universal code of the point which corresponds, together with the information necessary to facilitate the change of supplier.

6. all marketers should offer to its customers, an electronic billing system and the consultation of its turnover "on line", as well as provide on its website of a system that allows customers to access telematics and free of charge to all bills, at least the last two years.

They will also facilitate electronic access to its customers and energy services companies duly authorized by them, so that they have at their disposal data for at least the previous three years or the period counting from the beginning of his recruitment of the supply, if this is shorter. The data will correspond with the intervals in which there has been frequent billing information. The form of access to such data must be clear and readable format on invoices.

In those cases in which a consumer shift marketer, the former trader will keep the consumer access to the information in the two paragraphs above, relating to the period in which existed the contractual relationship between the two, during the two or three years respectively.

7 marketers who supplied to end users will benefit from a number of phone, a postal address and an e-mail address to which users can request clear and understandable explanations of the concepts which are based invoices, as well as a service of complaints and claims and incidents in relation to the service recruited or offered as well as requests for information on aspects relating to the procurement and supply or communication. These numbers telephone, mailing address and e-mail address that consumers can contact must be contained in invoices and will be free.

8. without prejudice to the content, in any case it must be contained in invoices in accordance with the provisions of this article, marketing companies may be available to customers as well so request flexible payment plans.

9. marketers will facilitate customers who ask for it information and estimates on the cost of the natural gas supply in an easily understandable format that users can use to compare offers on equal terms. For this purpose, the National Commission of markets and competition may approve a methodology and format for the estimation of this cost that must be available to consumers and on its website marketers.

10. the National Commission of markets and competition will publish or include links to government agencies that publish it, information on the estimation of energy consumption on the basis of the housing and equipment, about the available measures of improvement of energy efficiency and objective technical specifications for computers that use energy.

11. retailers, marketers and suppliers of energy from natural gas will include in their contracts, amendments to bills and on its website, the contact details and web site of the National Commission of markets and competition, the Institute for the diversification and saving of energy and the competent body of the autonomous community where you can get information on available energy efficiency measures, comparative energy profiles and specifications of appliances that can be used to reduce the consumption of these appliances.

12. in no event marketers may charged any amount to your customers by issuing the invoices or access to their consumption data.

(13. El incumplimiento de lo dispuesto en este artículo tendrá la consideración de infracción grave de acuerdo con lo dispuesto en el artículo 110.s) of the law 34/1998, of October 7, the hydrocarbon sector.»

Fourth final provision. Skill-related title.

The present Royal Decree is issued under cover of the provisions of article 149.1.13. ª and 25.ª of the Spanish Constitution, which attributes to the State the exclusive competence to determine the bases and coordination of the general economic activity planning and the bases of the regime and mining.

Fifth final provision. Incorporation of rules of the law of the European Union.

By this Royal Decree are incorporated partially into the Spanish legal system Directive 2015 / 1513, of the European Parliament and of the Council, of 9 September 2015, by amending Directive 98/70/EC concerning 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; and the directive 2012/27/EU of the European Parliament and of the Council of 25 October, energy efficiency, for which amending Directive 2009/125/EC and EU/30/2010, and for which Directive 2004/8/EC and 2006/32/EC shall be repealed.

Sixth final provision. Entry into force.

This Royal Decree shall enter into force the day following that of publication in the «Official Gazette», other than articles 1 to 3, and the first additional provision that will make the day January 1, 2016, as well as the third additional provision and disposal second that they will do so within sixty days of the publication of this Decree in the «Official Gazette».

Given in Madrid on 4 December 2015.

PHILIP R.

The Minister of industry, energy and tourism, JOSE MANUEL SORIA LOPEZ