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Royal Decree 1074 / 2015, Of 27 November, Whereby Amending Various Provisions In The Electricity Sector.

Original Language Title: Real Decreto 1074/2015, de 27 de noviembre, por el que se modifican distintas disposiciones en el sector eléctrico.

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TEXT

I

Within the structural reform of the electricity sector that has been under way for the last three years, the Law 24/2013 of 26 December 2013 was approved by the Electricity Sector, which is due to update the Previous law of 1997 and to reformulate certain aspects.

In its development, the approval of certain royal decrees and ministerial orders for the remuneration of transport, distribution and production activities from renewable energy sources has already been carried out, (a) cogeneration and waste, as well as other technical and economic mechanisms of the system such as the methodology for setting the voluntary reference price for the small consumer and the demand management system. interruptibility. Similarly, other provisions to adapt the different regulations of the sector to the provisions of the new Law 24/2013 of 26 December of the Electrical Sector are being processed or in the making phase.

By this royal decree the modification of certain aspects of the current regulation is necessary, either because they are specific aspects, or because it requires urgent approval for their application in the minor period, they are introduced into a royal decree that brings together all of them.

II

The Energy Planning document was approved by the Council of Ministers on 16 October 2015. Development plan of the Electric Power Transport Network 2015 -2020 ", provided for in Article 4 of Law 24/2013 of 26 December, of the Electrical Sector and published by Order IET/2209/2015 of 21 October (BOE No 254 of 23 October 2000). 2015).

This planning aims to provide for the needs of the electrical system to ensure long-term energy supply, as well as to define investment needs in new energy transport facilities. power, as referred to in that law.

During its processing, the existence of a very significant number of new power generation projects, mainly renewable energy, which should be considered in the estimates of future production capacity and the fulfilment of European targets for renewable energy.

In order to take into account that power that with a high probability is to be executed, the provision of economic guarantees is necessary to ensure the completion of the facilities, so that it can be foreseen with a higher level of certainty the need for new networks and, where appropriate, support services.

III

On the basis of the new developments introduced by Royal Decree 216/2014 of 28 March 2014 establishing the methodology for calculating the voluntary prices for the small consumer of electrical energy and its legal system For the purposes of this Regulation, the Commission shall, in accordance with Article 4 (1) of Regulation (EC) No 61\cf6\r6\r6\r6\cf6\r1\cf6\r1\cf6\r1\cf6\rquote of Royal Decree 1435/2002 of 27 December 2002 governing the basic conditions of the contracts for the acquisition of energy and access to the networks at low voltage.

Royal Decree 1435/2002 of 27 December provides for the possibility for all electric power marketers to access the information available in the Supply Point Information System (SIPS). which are managed by the distributors, as read-in. As provided for in Article 7 of the said royal decree, for the consumption of the supply points on which the distribution company has time load curves, these should be included in the information available in the SIPS.

This rule eliminates the possibility that data relating to the time load curve of the supply points for which the distributor has available it will appear in the SIPS, thereby ensuring that the confidentiality of consumer data.

This measure is taken into account in addition to the procedures that allow the processing of hourly data from the measurement equipment of small consumers for the purposes of billing and settlement of energy. On the market, approved under the provisions of the fifth additional provision of Royal Decree 216/2014 of 28 March 2014, provide for the provision of time-load curves for distributors to traders by means of They are determined, as well as of Royal Decree 1110/2007, of 24 August, for which it is approved the unified measurement points regulation of the electrical system.

The measure is extended to all consumers of electrical energy, under the guidelines given by Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the the internal market in electricity and repealing Directive 2003 /54/EC, which includes among the consumer protection measures that access to the measurement data to any supply undertaking is made subject to explicit agreement and free of charge, as well as Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012, on energy efficiency, amending Directives 2009 /125/EC and 2010 /30/EU and repealing Directives 2004 /8/EC and 2006 /32/EC, which provides that Member States shall ensure the safety of meters intelligent and data transmission, as well as the privacy of end customers.

In this line, in order to provide greater protection for consumers, the right of access to the information contained in the SIPS is suspended for those marketers for whom the initiation of a procedure has been agreed. extinction of the rating to exercise as an electrical energy market, as well as the opening of criminal proceedings related to the marketing activity.

On the other hand, since this standard reviews the configuration of the SIPS, the information that will be contained in the SIPS database is expanded to incorporate concepts that contribute to improving the information that They will have the traders and consumers themselves.

In this same area, the amendment of Royal Decree 1110/2007 of 24 August, approving the unified regulation of points of measurement of the electrical system, with the purpose of specifying when a team of measure is effectively integrated into the telemanagement system.

Similarly, the provision of the system operator of the time measures of the type 5 border points of customers, in the exercise of their functions, is enabled in that royal decree, without this being an increase of cost to consumers.

IV

Royal Decree 1028/2007 of 20 July laying down the administrative procedure for the processing of applications for the authorisation of installations for electrical generation in the territorial sea, competitive competition for the authorisation of production facilities from wind technology in the territorial sea of power exceeding 50 MW.

It also provides for a simplified procedure for the authorisation of installations of this technology but of an experimental nature, subject to the authorization of the Minister of Industry, Energy and Tourism, limiting this possibility to installations up to 10 MW.

At this time, there is no point in limiting the installation of offshore wind farms of less than 50 MW, which means that by means of this royal decree the limitation of the 10 MW linked to the character is abolished. The Court of First and the Court held that, in the light of the judgment of the Court of First Court, the Court of First instance, the Court of First authorisation of electrical energy installations, offshore wind installations up to 50 MW. In any event, in order to be entitled to specific remuneration, the establishment of a new regime will first be necessary, by means of a royal decree, pursuant to Article 14.7 of Law 24/2014 of 26 December of the Sector Electrical.

V

Royal Decree-Law 6/2010 of 9 April of measures for the promotion of economic recovery and employment introduced in the extinct Law 54/1997 of 27 November of the Electrical Sector, the figure of the system load manager for the provision of electricity charging services and with the aim of promoting the development of the electric vehicle as an industrial product and as an instrument for energy and environmental savings and efficiency.

It was approved by Royal Decree 647/2011 of 9 May, which regulates the activity of charge manager of the system for the performance of energy recharge services.

Subsequently, Law 24/2013 of 26 December of the Electrical Sector collected the definition of the energy recharge services and the figure of the freight manager and clarifies its rights and obligations regime.

In the European Union, 25 percent of the total greenhouse gas emissions, the most relevant being the CO2, are linked to the transport sector (including maritime and aviation), with the Road transport which has a majority weight in these percentages. Between 1990 and 2011, these emissions increased by about 25 percent. In Spain, the transport sector is responsible for 24 percent of greenhouse gases, accounting for 80 percent of the sector's final energy consumption.

Electrification of the economy is a way of promoting the compatibility between economic development and environmental protection. The use of electrical energy as a primary energy source makes it possible to take advantage of the existing network infrastructure and the possibility of using renewable energy sources. Thus, the mass deployment of the electric vehicle would entail multiple benefits for our society: reduction of CO emissions2, improvement of air quality in urban environments, reduction of dependence on the oil, increased energy efficiency in road transport and optimisation of the use of electricity grids, by improving demand management and by flattening the system load curve.

Support for the electric vehicle is one of the guidelines of the sustainable mobility policy being carried out by the European Commission. Thus, in 2009, Directive 2009 /33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy efficient road transport vehicles was adopted. The European Commission subsequently sent a communication to the European Parliament, the Council and the European Economic and Social Committee on the European Strategy on Clean and Energy Efficient Vehicles. Similarly, more recently, in the framework of the 2010-2030 White Paper on Transport, the European Commission sets out the priority axes for moving towards a policy of support for mobility and the reduction of environmental impact in the sector. transport.

However, the deployment of the electric vehicle in the world and in our country in particular is still low-key. There are several challenges facing the sector, technological development of batteries, deployment of charging points, standardization of components, etc.

By this royal decree, we proceed to the timely modification of some aspects of the Royal Decree 647/2011, of 9 May, for which the activity of charge manager of the system for the performance of services of Energy recharge, with the aim of simplifying certain technical requirements, in particular for small-power charging points associated with activities other than energy recharge. This will facilitate the introduction of charging points in consumer installations in the tertiary sector, which could provide additional impetus for the deployment of the charging points, given the atomisation in the territory of the latter. consumers.

This measure is also adopted in the framework of the objectives of Directive 2014 /94/EU of the European Parliament and of the Council of 22 October 2014 on the implementation of an infrastructure for alternative fuels. Under this Regulation, each Member State shall establish a strategy and objectives for the installation of new clean fuel charging points, including electricity.

VI

The implementation of Royal Decree 413/2014 of 6 June, which regulates the production of electrical energy from renewable energy sources, cogeneration and waste has revealed the need to improve the efficiency of electricity generation. the need to modify certain aspects of an operational nature.

Thus, it is clarified, for the installations put in place during the year 2013 and after and with recognized regime to the entry into force of the Royal Decree-Law 9/2013, of July 12, for which urgent measures are adopted for to ensure the financial stability of the electricity system, the provision of a claim to the holders of quantities above what would have been necessary to apply the specific remuneration scheme from the first day of the month following that of the final holding until 31 December of that year, in the same way as to what is happening for the installations put into operation before the year 2013.

Finally, the definition of the term of estimate of future operating income of Annexes VI and XIII to that Royal Decree 413/2014, of 6 June, is clarified.

VII

Finally, it is necessary to include the obligation, to the operators of the installations of production of electric power that use autochthonous coal as fuel, to send monthly to the Directorate General of Energy and Mines Policy, the National Markets and Competition Commission and the System Operator information on the use of this fuel, in order to allow the monitoring of the limit provided for in Article 25.1 of the Law 24/2013 of 26 December on the use of primary energy combustion sources indigenous in application of Directive 2009 /72/EC on the internal market in electricity.

This standard has been submitted to the previous report of the Spanish Data Protection Agency.

Also, according to the provisions of article 5.2 (a) of Law 3/2013, of June 4, of the creation of the National Commission of the Markets and the Competition, the provisions of this royal decree have been informed by the National Commission on Markets and Competition. The hearing procedure of this royal decree has been evacuated by consultation with the representatives in the Electricity Advisory Council, as provided for in the transitional provision of the aforementioned Law 3/2013 of 4 June.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the State Council, and after deliberation by the Council of Ministers at their meeting on November 27, 2015,

DISPONGO:

Article first. Amendment of Royal Decree 1955/2000 of 1 December 2000 regulating the activities of the transport, distribution, marketing, supply and authorisation procedures of electrical energy installations.

Royal Decree 1955/2000 of 1 December 2000 regulating the activities of transport, distribution, marketing, supply and authorisation procedures of electrical energy installations, is hereby amended as follows: the following terms:

One. Article 59a is amended, which is worded as follows:

" Article 59a. Economic guarantee for the processing of the request for access to the transport network of production facilities.

1. For production facilities, the applicant shall, before making the request for access to the transport network, submit to the competent authority to grant the authorization of the installation proof of having deposited an economic guarantee with an amount equivalent to 10 €/kW installed.

In the case of facilities held by the General Administration of the State, such security shall be deposited with the General Deposit Box. By order of the Minister for Industry, Energy and Tourism, this amount can be modified, as well as to establish differentiated amounts according to the power.

The presentation of this safeguard will be a prerequisite for the initiation of the procedures for connection and access to the transport network by the transmission system operator, for which the competent organ for granting the authorisation of the installation shall send the system operator the appropriate submission of the guarantee by the applicant.

The guarantee will be constituted in the form of cash or collateral provided by credit institutions or mutual guarantee companies, in accordance with the provisions of Royal Decree 161/1997 of 7 February, approving the Regulation of the General Deposit Box.

The purpose of the warranty is to obtain the operating authorization.

It shall be expressly stated in the guarantee that the guarantee is lodged for the purposes of compliance with the provisions of this Article.

2. The economic guarantee shall be cancelled when the applicant obtains the final operating authorisation of the installation.

The withdrawal in the construction of the installation, the expiration of the procedures of administrative authorization of the installation or the non-compliance with the deadlines provided for in the mandatory authorizations will involve the execution of the guarantee. However, the Directorate-General for Energy Policy and Mines may exempt the execution of the guarantee deposited by the owner of an installation, if the withdrawal in the construction of the guarantee is given by the conditions of the which were neither directly nor indirectly attributable to the person concerned and was thus requested by the interested party from the Directorate-General for Energy Policy and Mines.

3. The withdrawal in construction, the expiration of the procedures for administrative authorization of the installation or the execution of the guarantee will entail the loss of the corresponding access and connection rights and will be communicated, in the case of the competition facilities of the General Administration of the State, by the Directorate-General for Energy Policy and Mines to the system operator for the appropriate purposes. "

Two. Article 66a is amended, which is worded as follows:

" Article 66a. Economic guarantee for processing the request for access to the distribution network of production facilities.

1. For the production facilities, the applicant, before making the request for access to the distribution network, must submit to the competent authority to grant the authorization of the installation, proof of having deposited an economic guarantee with an amount equivalent to 10 €/kW installed. In the case of installations which are the responsibility of the General Administration of the State, such security shall be deposited with the General Deposit Box. Differentiated amounts per power.

No power plant equal to or less than 10 kW, or those generating facilities for self-consumption that do not have the consideration of installations, shall be exempt from the presentation of this guarantee. production,

The presentation of this safeguard will be a prerequisite for the initiation of the connection procedures and access to the distribution network by the distribution network manager.

The guarantee will be constituted in the form of cash or collateral provided by credit institutions or mutual guarantee companies, in accordance with the provisions of Royal Decree 161/1997 of 7 February, approving the Regulation of the General Deposit Box.

The purpose of the warranty is to obtain the operating authorization.

It shall be expressly stated in the guarantee that the guarantee is lodged for the purposes of compliance with the provisions of this Article.

2. The economic guarantee shall be cancelled when the applicant obtains the final operating authorisation of the installation.

The withdrawal in the construction of the installation, the expiration of the procedures of administrative authorization of the installation or the non-compliance with the deadlines provided for in the mandatory authorizations will involve the execution of the guarantee. However, the competent authority may exempt the performance of the security deposited by the owner of an installation, if the withdrawal in the construction of the guarantee is provided by a non-direct or non-direct nature. indirectly imputable to the person concerned and so requested by the person concerned.

3. The withdrawal in construction, the expiration of the procedures for administrative authorization of the installation or the execution of the guarantee will entail the loss of the corresponding access and connection rights and will be communicated, in the case of the competition facilities of the General Administration of the State, by the Directorate-General for Energy Policy and Mines to the system operator and distribution system operator for the appropriate purposes. "

Three. Article 124 is amended, which is worded as follows:

" Article 124. Environmental impact assessment procedures.

1. Projects for production, transport and distribution of electrical energy shall be subject to environmental impact assessment where required by the relevant legislation in this field.

For such purposes, the necessary public information in accordance with the above regulations will be carried out in the administrative authorization phase.

2. For production facilities, the applicant shall, before commencing the abovementioned public information procedures, submit to the competent authority to grant the authorization of the installation copy of the reservation for the submission of the the economic guarantee referred to in Article 59a or 66 bis, as appropriate, of this royal decree.

Any modifications to existing installations that do not involve increases in the access capacity granted are exempted from the deposit of that guarantee. "

Article 2. Amendment of Royal Decree 1435/2002 of 27 December on the basis of the basic conditions for contracts for the acquisition of energy and access to networks at low voltage.

Royal Decree 1435/2002 of 27 December on the basis of the basic conditions of contracts for the acquisition of energy and access to low voltage networks is amended as follows:

One. Article 7.1 (u) is amended and four new letters are added in that Article, and are worded as follows:

" u) Aggregate consumption of the last three calendar years for periods of time and time discrimination, from the date of the consultation, which includes the consumption of active energy in KWh, the consumption of reactive energy in kVar and the power demanded in kW. This information shall include consumption at monthly intervals except for supply points with a bimonthly reading, broken down into the periods that the measurement team registers at source.

In the event that the distributor has the time load curve of the consumption of a supply point, that information will not appear in the Supply Point Information System.

(...)

ac) The trading company that currently performs the provisioning.

ad) Availability of measure equipment effectively integrated into the telemanagement system.

ae) Availability of single-phase or three-phase measurement equipment.

af) Information regarding the reception or non-provision of the supply point to a mode of self-consumption and particularisation of the type. "

Two. Article 7 (2), (3), (4), (5) and (6) is worded as follows:

" 2. The distribution companies must be equipped with the necessary IT systems to allow the consultation of data from the registration of supply points and the reception and validation of applications and communications with the National Commission of Markets and Competition, consumers and commercial electric energy traders.

Distribution companies will have to ensure access to the databases of supply points through telematic means. In particular, the distribution companies must have the necessary means for any marketer or the National Commission of the Markets and the Competition, to be able to download and to proceed to the processing of the data referring to the entire of the supply points connected to the network of the distributor and the transport networks in your area, as well as to carry out a detailed selection of the supply points for which you want to access your data, depending on the different categories of data that make up the aforementioned bases.

In any case, neither the marketing companies nor the National Markets and Competition Commission will be able to access any information that directly identifies the head of the supply point, and in particular the data referred to in paragraph 1 (c), (z) and (aa).

Distribution companies may not provide any conditions for the access and processing of such data by the marketers or the National Markets and Competition Commission, nor shall they require in any event that they provide them with data as a precondition for access to their database, including: the Universal Code of the Supply Point, NIF or NIE of the holder of that supply point or contract number in force for each point of supply concrete, for which you want to query the database.

Without prejudice to the right of access to databases through telematic means, distribution companies must submit to the National Commission of the Markets and the Competition, or to the marketers who request it, the data relating to each and each of the supply points connected to their networks and to the transport networks in their area through a physical computer support enabling their immediate and effective disposal and treatment, without being In any event, the market or the National Markets and Competition Commission may be required to provide them with data as a condition of access to their database. The distribution company shall forward that information within a maximum of 15 days from the date of application by the National Markets and Competition Commission or the marketer.

3. Both the National Commission of the Markets and the Competition and the marketers that have presented the communication of activity and responsible declaration, appear in the list published by the National Commission of the Markets and the Competition and at all times comply with the requirements required to exercise the activity, they will be able to access the databases of points of supply of each distribution company free of charge.

The agreement to initiate the process of extinction of the habilitation to exercise as an electric power marketer as well as the opening of criminal proceedings related to the marketing activity, will suspend the right to access to the databases of supply points of the distribution companies, without prejudice to the information necessary to carry out the transfer of customers to the reference market in accordance with the procedure legally set.

Marketers, and other subjects who make use of the information contained in the supply point databases of the distribution companies, in accordance with the provisions of this provision and in the Article 46.1.k) of Law 24/2013 of 26 December of the Electrical Sector, shall subscribe to a code of conduct and ensure the confidentiality of the information contained therein.

4. By way of derogation from paragraph 3, those to whom the information referred to in the preceding paragraphs are concerned shall have the right of access to their data contained in the registration of supply points free of charge and may, prohibit in writing distributors the dissemination of the data expressly indicated and the access by the traders other than the one with whom the supply is contracted. In this case, the written expression of the consumer must be expressly stated in the database, corresponding to the distributor keeping a copy of that application.

However, in the event that the consumer is in default, he/she will not be able to prohibit the dissemination of his/her Universal Code of the Point of Supply and the information of such situation.

5. The data referred to in paragraph 1 of this Article shall be recorded in the Databases referred to the supply points connected both at low and high voltage.

6. The Minister for Industry, Energy and Tourism is empowered to make any provisions necessary to amend the technical data referred to in paragraph 1 of this Article. '

Article 3. Amendment of Royal Decree 1028/2007 of 20 July laying down the administrative procedure for the processing of applications for the authorisation of installations for electrical generation in the territorial sea.

Royal Decree 1028/2007 of 20 July, establishing the administrative procedure for the processing of applications for the authorisation of installations of electrical generation in the territorial sea, is amended in the following terms:

One. The second paragraph of Article 2 is amended as follows:

" The offshore wind generation facilities that are intended to be located in the territorial sea will be governed by the provisions of Law 22/1988 of 28 July, of Costas, and of Royal Decree 876/2014 of October 10, for which The General Rules of Costs are adopted.

Power plants exceeding 50 MW shall have to undergo the procedure provided for in Title II. "

Two. The name of Title II is amended as follows:

" TITLE II

Administrative procedures for offshore wind generation facilities of more than 50 MW "

Three. The second paragraph of Article 4 is amended as follows:

" The construction or extension of power plants for offshore wind generation of more than 50 MW will require, in addition to the administrative decisions referred to in Article 115 of the Royal Decree 1955/2000 of 1 December 2000 and the titles of occupation of the maritime-terrestrial public domain governed by Law 22/1988 of 28 July 1988, of costs, the administrative decision which previously resolves the concurrency procedure and gives the requesting the zone reservation. "

Four. The name of Title III is amended as follows:

" TITLE III

Administrative procedures for other generation technologies marinase offshore wind generation installations of power not exceeding 50 MW "

Five. Article 32 is amended as follows:

" Article 32. Other marine generation technologies and offshore wind generation facilities of power not exceeding 50 MW.

For the necessary administrative authorizations and concessions for the construction and extension of the electricity generation facilities of renewable origin that are physically located in the territorial and Different technology to wind, and for offshore wind of power not exceeding 50 MW, a procedure shall be followed that shall begin with the application for administrative authorisation as provided for in Article 24 of the (a) this royal decree and which shall be adjusted in accordance with the provisions of Title VII of the Royal Decree 1955/2000 of 1 December 2000, not implementing the procedure in competitive competition regulated in Title II of this royal decree. "

Six. Paragraph 2 of the second final provision is deleted.

Article 4. Amendment of Royal Decree 647/2011 of 9 May 2011 regulating the activity of system load manager for the performance of energy charging services.

Royal Decree 647/2011, of 9 May, which regulates the activity of system load manager for the performance of charging services is amended in the following terms:

One. In Article 1, paragraph 3 is added with the following wording:

" 3. For the purposes of this royal decree:

(a) "electric vehicle" means an engine vehicle fitted with a propulsion group with at least one non-peripheral electrical mechanism which functions as an energy converter and is equipped with an energy storage system rechargeable, which can be reloaded from the outside.

b) "charging point" means an interface for recharging a single vehicle at the same time or for the exchange of a single-vehicle battery at the same time. "

Two. The first paragraph of Article 2.1 is amended as follows:

" 1. In addition to the provisions of Article 48 (3) of Law 24/2013 of 26 December of the Electricity Sector, the undertakings managing system charges have the following rights in relation to the resale activity of electrical energy: (...) '

Three. Article 2.2 (e), (h) and (l) are amended as follows:

" e) Implement the demand management programs approved by the Administration and specific programs to drive efficiency in electricity demand for electric vehicles, with the objective of to promote energy saving and efficiency and to optimise the use of the electricity system, as provided for in Article 49 of Law 24/2013 of 26 December of the Electricity Sector, which will in any event take into account the size of the electricity energy-charging facilities for vehicles in which the activity is carried out. '

" (h) Communicate to the Ministry of Industry, Energy and Tourism and, where appropriate, to the competent authority that has received prior communication, information to be determined on access tolls, prices, consumption, Consumers, distribution of consumers and corresponding volume by categories of consumer, as well as any information related to the activity that they develop within the sector electrical.

They shall also forward the information set out in paragraph 1 of Annex II to this Royal Decree with the periodicity and in the terms specified in paragraph 2 thereof. In any case, the information shall be transmitted separately from the border point and from each of the charging points.

In any case, they shall provide the National Commission of the Markets and the Competition and the Administration with the information to be determined. "

" (l) For installations with a contracted power exceeding 5 MW, and in non-peninsular electrical systems exceeding 0,5 MW, be attached to a control centre enabling them to receive instructions from the Network Manager when are required to participate in active demand management services. "

Four. Article 5.3 is amended as follows:

" 3. The installation and measurement and control equipment installed at the border points with the distribution or transport network shall comply with the requirements laid down in the implementing rules, ensuring the supply of the required data. for correct billing for access tolls.

In addition to the above, the charge managers will record in each of their facilities the consumption destined to the recharging of vehicles in a differentiated way to the consumption for their own use when they occur. The charging points shall be equipped with meters of energy intended for this purpose, with discrimination of at least three periods, in order to monitor the development of the activity by the competent authorities. These measuring equipment will not form part of the system of measures and will therefore not be applicable to them as provided for in Royal Decree 1110/2007 of 24 August, approving the unified system of measurement points of the system. electrical. "

Five. The first paragraph of Article 6.1 is amended as follows:

" 1. Three years after the start of the system's charge-manager activity, if the company had not, for a continuous period of one year, made effective and actual use of the activity and therefore did not make use of the activity. have resold electric power for charging electric vehicles, or if such use has been suspended for a continuous period of one year, the system operator and, where appropriate, the Market Operator shall report to the Directorate General of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, and, where appropriate, the organ competent in the field of energy of the relevant autonomous community, such circumstances, which shall determine the prohibition of continuing in the exercise of the system load-manager activity. '

Article 5. Amendment of Royal Decree 413/2014 of 6 June regulating the activity of the production of electrical energy from renewable energy sources, cogeneration and waste.

Royal Decree 413/2014 of 6 June, which regulates the activity of the production of electrical energy from renewable energy sources, cogeneration and waste is amended as follows:

One. The additional provision of seconds6 is amended as follows:

" 6. For installations defined in this provision, the start date for the accounting of the regulatory life shall be deemed to be 1 January of the year following that of the final operating authorisation of the installation.

Notwithstanding the foregoing, the body responsible for liquidations shall not claim to the holders amounts above what it would have been required to claim by applying the specific remuneration scheme from the first day of the month following that of the final operating authorisation until 31 December of that year. '

Two. The following two new paragraphs are added at the end of paragraph 1.b) of the eighth transitional arrangement:

" As an exception to the provisions of the previous paragraph, for installations that have had a number of hours of operation since the entry into force of this royal decree until 30 November 2015 less than the operating threshold referred to in Article 21.3 of this royal decree, irrespective of the fact that they have applied for the temporary waiver of the specific remuneration scheme, the body responsible for the liquidations may To make, at the request of the data subject, payment of the resulting payment entitlements or payment obligations referred to above. This request may be addressed to the body responsible for settlement until 31 January 2016.

The fractionation will be performed in the following terms according to the total amount of the debt: 1. º up to 25,000 euros per MW, the maximum repayment term will be thirty-six months, 2. º of 25,000 euros per MW to 200,000 EUR per MW, the maximum period shall be forty-eight months, 3. º greater than EUR 200,000 per MW, the maximum period shall be 60 months. '

Three. The definition of 'Ingfi, j-1' included in paragraphs 3 (a) and 4 (a) of Annex VI, as well as paragraphs 4 (a) and 5 (a) of Annex XIII is amended as follows:

"Ingfi, j-1: Estimate of future operating income of the type facility that was considered in the calculation of the" j-1 "semi-period remuneration parameters for the year" i ", which included income from the sale of the energy on the market and, where appropriate, the income derived from the remuneration for the operation and the income covered by Article 24 (2) and (3), to which the income from the remuneration is added to the investment, expressed in €/MW. "

Article 6. Amendment of Royal Decree 1110/2007 of 24 August, approving the unified regulation of points of measurement of the electrical system.

The unified electrical system measurement points regulation approved by Royal Decree 1110/2007 of 24 August is amended as follows:

One. A second paragraph is added between the first and second paragraph of Article 9.8, which is worded as follows:

" 8. (...)

A team shall be understood to be effectively integrated into the telemanagement system when the equipment complies with the minimum functional specifications of the telemanagement systems set out in this paragraph, and have ability to read the active power schedules remotely remotely through such a system.

(...) "

Two. A paragraph is added between the first and the second paragraph of Article 25, which is worded as follows:

" (...)

The main hub shall store at least the time measures at the border of customers type 1, 2 and 5, in terms that are determined by the Energy Secretary's resolution.

(...) "

Three. A second paragraph is added to Article 26.2, which reads as follows:

" 2. (...)

In any case, you will ensure the confidentiality of the information and customer data you have. Such liability may not be delegated or transferred to third parties, without prejudice to the fact that the ownership, management, operation or maintenance of the principal concentrator may correspond to another entity that does not legally match the holder. In these cases, the holder shall establish with the persons responsible for the measurement points the covenants that may be required in each case, as well as the contract referred to in Article 12 of the Organic Law 15/1999 of 13 December Protection of Personal Data. "

Four. Article 26.5 is amended as follows:

" 5. In the exercise of their respective powers or functions, they may access the information of measures contained in the main hub and the secondary concentrator, the Ministry of Industry, Energy and Tourism, the Autonomous Communities and the Commission. National of Markets and Competition. These entities may publish aggregated information of customer measures, as well as the rest of the points as provided for in paragraph 4 above.

The system operator may publish aggregated customer information in accordance with the form and time limits to be determined by resolution of the Secretary of State for Energy, as well as the other items as provided for in the Previous paragraph 4. "

Additional disposition first. Information on indigenous coal consumption.

1. The following information shall be sent to the operators of the electrical energy production facilities using indigenous coal as a fuel to the System Operator on a monthly basis, in accordance with the format to be determined by:

a) The volume of electrical power produced in each month by each group in the installation.

b) Actuals of each of the fuels used for the production of electrical energy communicated for each group, differentiating by type of fuel and origin, and breaking down both the quantity of fuel and its power associated calorific.

This information will be sent for each month from January 1, 2015.

2. The system operator will collect the information on a monthly basis in the coverage analysis reports on the electricity demand, which it will send to the Secretary of State for Energy and the National Commission of the Markets and the Competence.

Additional provision second. Access to data relating to the time load curve by marketers.

The provision of information regarding the time load curve by the distributor will be made through the channels established in the procedures where the exchange protocols are regulated. information, security and confidentiality of the data from the measurement equipment connected to the telemanagement system between the agents for the purposes of billing and clearance of the energy approved under the provisions of the Additional provision of Royal Decree No 216/2014 of 28 March 2014 laying down the methodology for the calculation of the voluntary prices for the small consumer of electrical energy and its legal system of procurement.

The data referred to in the preceding paragraph shall be of a confidential nature and shall be accessible only by the contract marketer in force for the consumer in the temporary period to which the information corresponds. which contains, with the exception of express authorisation by the consumer, at no cost, so that other traders can access their data. To this end, the marketer must credit its representation to the distributor.

The person in charge of obtaining the express consent of the consumer to access the information about the time load curve data other commercializers without contract in force with the consumer, will be the distributor.

Consent to allow access to information on hourly load curve data to other marketers without a contract in force should be renewed by the consumer every two years.

The marketer will be fully responsible for ensuring the confidentiality of the information about the time load curve of its customers, in accordance with the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Data and may not use it for purposes other than its activity as an electrical energy marketer, without prejudice to the reporting obligations imposed by law at any time.

This liability may not be delegated or transferred to third parties, without prejudice to the fact that the management of the energy bill may correspond to another entity that does not legally match the holder. In these cases, the marketer shall establish with that entity the covenants that may be required in each case, as well as the contract referred to in Article 12 of the Organic Law 15/1999 of 13 December.

Additional provision third. Approval of the information exchange files between distributors and marketers of electric and natural gas energy.

As of the entry into force of this royal decree, prior to the procedure of hearing and previous favorable report of the Secretary of State of Energy of the Ministry of Industry, Energy and Tourism, the National Commission of the Markets and The Competition shall approve, by resolution, the formats of information exchange files between distributors and marketers of electrical energy and between distributors and marketers of natural gas, respectively.

Additional provision fourth. Commands.

Within one month of the publication of this royal decree in the "Official Gazette of the State", the National Commission of the Markets and Competition will forward to the Directorate General for Energy Policy and Mines a Proposal for the use factor of the contracted power for the period i, I was, expressed in hours/day to calculate the energy term of the supplies with tolls with supervalley time discrimination for the purposes of the implementation of the resolution May 14, 2009, of the Directorate-General for Energy Policy and Mines, establishing the the billing procedure with an estimate of the consumption of electrical energy and its regularization with actual readings in the case of supplies for which there is no historical average daily of the same period of the previous year, as in the cases in a contract power increase or decrease occurs.

First transient disposition. Deposit of guarantees for processing files.

1. Production facilities of more than 50 MW than the entry into force of this royal decree for administrative authorization and have not yet obtained the authorization of final exploitation, must present the safeguard referred to in Articles 59a, 66a or 124 of Royal Decree 1955/2000 of 1 December 2000 within a maximum of four months from the entry into force of this royal decree.

After that period without the applicant having presented the same or having obtained the said operating authorisation, the administrative authorisation obtained, after opening by the applicant, shall be without effect. Directorate-General for Energy Policy and Mines of the relevant procedure.

The resolution for which the administrative authorization will be without effect will result in the loss of the corresponding access and connection permits, which will be communicated by the General Directorate of Energy Policy and Mines the system operator and the transmission or distribution system operator.

2. Production facilities of more than 50 MW than the entry into force of this royal decree do not have prior administrative authorisation and have a guarantee lodged under Article 124 of Royal Decree 1955/2000 of 1 January 2000. December, in its current wording until the entry into force of this provision, shall be entitled to the return of such guarantee once the prior administrative authorization has been obtained.

Once the prior administrative authorisation has been obtained, they shall have a period of four months to deposit a new security in accordance with the provisions of Articles 59a, 66a or 124 of Royal Decree 1955/2000, December, which will be cancelled when the petitioner obtains the final operating authorization of the installation. After that period without the applicant having submitted the new guarantee or having obtained the said operating authorisation, the administrative authorisation obtained, after opening by the Directorate-General, shall be without effect. General of Energy Policy and Mines of the corresponding procedure.

The resolution for which the administrative authorization will be without effect will result in the loss of the corresponding access and connection permits, which will be communicated by the General Directorate of Energy Policy and Mines the system operator and the transmission or distribution system operator.

3. Production facilities not included in the preceding paragraphs, which at the entry into force of this royal decree do not have any guarantee deposited, being obliged to do so by virtue of the provisions of Articles 59a, 66a or 124 of the Royal Decree 1955/2000 of 1 December 2000 shall have a period of four months to comply with the provisions of those Articles.

Second transient disposition. Publishing the new data in the Provisioning Point Information System.

Distributors will have six months to publish in the Information System of supply points the new data collected in article 7.1 of the Royal Decree 1435/2002, of December 27, introduced by this royal decree.

Transitional provision third. Monthly billing of supplies that have measuring equipment with telemetry and telemanagement capacity that are not effectively integrated into the corresponding systems.

Supplies that, at the entry into force of this royal decree, have type 5 equipment with a telematic and telemanagement capacity that are not effectively integrated into the corresponding systems according to the definition given in Article 9.8 of the unified regulation of points of measurement of the electrical system, approved by Royal Decree 1110/2007 of 24 August 2007, and whose reading and invoicing are being carried out on a monthly basis, by virtue of the Article 2.1 of Royal Decree 1718/2012 of 28 December 2012 determining the the procedure for the reading and billing of low voltage power supplies with a contracted power not exceeding 15 kW, may continue to be invoiced on a monthly basis, unless otherwise specified by the consumer.

Single repeal provision. Regulatory repeal.

All rules of equal or lower rank are repealed as soon as they contradict or oppose the provisions of this royal decree.

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on November 27, 2015.

FELIPE R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ