Law 34/1998, of 7 October, of the Hydrocarbons Sector, determined the operation of the gas sector under the precepts of liberalization of the activities of supply and the regulation of the transport activities, gas distribution and storage, including, inter alia, the general principles of the system for the authorisation of gas installations.

Also, Directive 2009 /73/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in natural gas and repealing Directive 2003 /55/EC promotes the creation of a internal market for natural gas, of which the Spanish gas system is a part, based on balance zones with organized and interconnected markets and with tolls with entry and exit zones with independent contracting.

This Directive is complemented by Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to and repealing of natural gas transmission networks Regulation (EC) No 1775/2005, with Commission Regulation (EU) No 984/2013 of 14 October 2013 establishing a network code on the mechanisms for the allocation of capacity in gas transmission networks and with the Regulation Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a network code on the gas balance sheet of the European Union the transport networks.

In the case of Spain, the current level of infrastructure development, sector regulation and the degree of maturity and competence of the Spanish gas market are sufficient to enable the development of a gas market. the principles of its functioning in Law 8/2015 of 21 May, amending Law 34/1998 of 7 October of the hydrocarbon sector and regulating certain tax measures and not having been established, have been established. Tax related to the exploration, investigation and exploitation of hydrocarbons.

This market, when fully developed, will reflect a transparent price signal, facilitate the entry of new market-boosting marketers, and thus increase competition in the sector. Its successful development requires that the rules of access, balance and technical management of the system are oriented to facilitate the operation in it, this being the main objective of the present royal decree.

The integration into the Organized Gas Market of the activity developed throughout the Iberian Peninsula is anticipated. In this regard, at the XXVIII Summit Hispano-Lusa the governments of Spain and Portugal have undertaken to advance the approval of an international treaty to gradually integrate both markets.

Title I makes a profound change to the capacity-building scheme established in 2001 by Royal Decree 949/2001 of 3 August, which regulates the access of third parties to installations The Commission has been in the process of setting up an integrated economic system for the natural gas sector, based on the following principles: first, the independent procurement of inputs and outputs to the transport and distribution system is regulated. as a Balance Virtual Point that allows users to exchange gas without any restrictions introduced, favoring the development of agile and efficient hiring mechanisms. This aspect is essential for the organised market to achieve an optimal level of liquidity.

Second, capacity procurement procedures are simplified and streamlined through the implementation of framework contracts and the establishment of a single procurement telematics platform managed by the Technical Manager. the system, which will ensure the application of transparent, objective and non-discriminatory conditions and will allow the removal of technical restrictions through capacity allocation mechanisms.

The third principle is the establishment of market mechanisms for the allocation of capacity on a firm basis throughout the period under contract, applying a system of guarantees that does not entail an excessive cost for the marketer.

Law 8/2015 of 21 May, amending Law 34/1998 of 7 October of the Hydrocarbons Sector and regulating certain tax and non-tax measures in relation to exploration, investigation and (a) a new article was introduced in Law 34/1998 of 7 October, the 65th Bis, in which the organised gas market is created, enabling the Government to regulate, inter alia, the subjects of the can operate, the conditions and characteristics of the products to be negotiated.

Therefore, this article establishes the basis for the creation of an organized wholesale market, similar to those already developed in other countries of our environment and compatible with the so-called "Gas Target Model" promoted by the European Commission.

In Title II, the Organized Gas Market is developed, consisting of transactions in the purchase and sale of gas, free and anonymous. The Rules of the Organized Market and the contract of accession to these Rules will be approved by resolution of the Secretary of State of Energy, prior report of the National Commission of the Markets and the Competition. The said Organized Gas Market is without prejudice to the existence of other market platforms or bilateral sales transactions.

The market will operate on the basis of a "Negotiation Session" where auctions can coexist and market continues. The agents shall make their offers for the purchase and sale of the various products on the market platform and for any offer received prior to their entry into the negotiations, it shall be verified that sufficient guarantees have been provided. Once an offer is married, the transaction is firm and carries the obligation of payment and the right to charge at the transaction price.

Given the need to optimize management and make the system of guarantees cheaper to operate in the gas system, Title III includes centralised management of guarantees.

Title IV establishes the mechanism of award for concurrency of the primary transportation facilities of local influence, thus complying with the provisions of article 67 of Law 34/1998 of 7 October. Such awards shall be made by means of market mechanisms based on transparent, objective and non-discriminatory criteria. The entities that are awarded to such facilities are included in the scope of the provisions of Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and energy sectors. transport and postal services.

Likewise, in the same title, the economic regime of the said facilities is regulated, in compliance with the enabling of the Government, including article 64.3 of Law 18/2014, of October 15. In these cases the remuneration is linked to the demand driven by the pipeline, in such a way that part of the risk of the installation is assumed by the owner of the installation and not by the system, similar to the distribution activity.

This royal decree establishes the procedure for the periodic inspection of the receiving facilities of gaseous fuels by channeling and determines the nature of the connections between the transport networks and distribution of natural gas in compliance with the provisions of Article 73.1 of Law 34/1998 of 7 October. These measures are part of the reforms to promote competition in the inspections of gaseous fuels as well as to optimise the costs of new natural gas infrastructure. In addition, in order to maintain regulatory consistency, certain provisions of Royal Decree 919/2006 of 28 July establishing the technical regulation for the distribution and use of gaseous fuels and their instructions are amended. complementary techniques ICG 01 to 11, in the field of inspections of gas receiving facilities.

From the point of view of the system of security of supply of hydrocarbons, measures are introduced in order to optimize the costs resulting from the maintenance of the obligatory reserves. These measures will ultimately reverse at a lower cost to the consumer.

The present royal decree also introduces relevant measures concerning the security of supply of crude oil and petroleum products by amending, for these purposes, Royal Decree 1716/2004 of 23 July, which regulates the the obligation to maintain minimum security stocks, the diversification of natural gas supplies and the strategic reserves of petroleum products. Such amendments are framed within the reforms to promote competition and efficiency in the wholesale and retail markets of hydrocarbons which will ultimately be reversed at a lower cost to the consumer.

The deep drop in demand for petroleum products observed in recent years has not been accompanied by a similar reduction in stocks held by the Strategic Petroleum Reserve Corporation. (CORES) which has produced the emergence of a surplus capacity, which translates into higher logistical costs. For this reason, the voluntary coverage regime is relaxed by means of which the obligated subjects may request that the Corporation keep part of the obligation that they would have to maintain for themselves. The mechanism for the allocation of the capacity so requested will be carried out under the principles of transparency, concurrency and minimum cost, however, prioritizing the subjects with less market power. Likewise, the Corporation is permitted to cover the obligations of foreign subjects under certain circumstances. Finally, the sale of the surplus that is not covered after the application of the above measures is established, according to a sales plan that the Corporation must present within six months.

On the other hand, the requirements under which foreign subjects can maintain their stocks in Spain are relaxed, replacing the requirement of an intergovernmental agreement with a framework procedure. the benefit of Community subjects who so wish.

Finally, in view of the practical application of the system of minimum security stocks, in particular, following the reform operated in it in Law 34/1998, of 7 October, by means of Royal Decree-Law 15/2013, of 13 of December, on the restructuring of the business public entity "Administrator of Railway Infrastructures" (ADIF) and other urgent measures in the economic order, are modified other points of the referred Royal Decree 1716/2004, 23 of July, in order to improve the operation of the system, to update the the meaning of certain concepts as well as to ensure the full consistency of these rules and of Council Directive 2009 /119/EC of 14 September 2009 requiring Member States to maintain a minimum level of reserves of crude oil or petroleum products, however, remaining unchanged the substantial elements of the current regulation.

All the above measures will help to increase effective competition in the liquid hydrocarbon sector and increase the efficiency of the logistics system as a whole, all of which will have a lower cost for the consumer and for businesses.

Finally, the regulations applicable to various procedures regulated in the activity of exploration and exploitation of hydrocarbons are clarified.

As provided for in the final provision of Law 34/1998 of 7 October of the hydrocarbon sector, this rule is of a basic nature, in accordance with Articles 149.1.13. and 25. of the Constitution, which it attributes the State exclusive powers on the basis and coordination of the general planning of economic activity and on the basis of the energy regime.

According to 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 present royal decree has been submitted to the report of the cited Commission.

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 Council of State and after deliberation of the Council of Ministers at their meeting on 30 October 2015,

DISPONGO:

PRELIMINARY TITLE

General provisions

Article 1. Object.

This royal decree aims to regulate the organized gas market, third-party access to facilities with regulated access to the gas system, the management of guarantees and the award procedure and remuneration of primary local influence transport facilities.

TITLE I

Third-party access to natural gas system installations

Article 2. Facilities included in the third-party access regime.

1. The gas infrastructure included in this Article shall be included in the regulated third-party access regime, subject to the provisos set out in paragraphs 4, 5 and 6:

(a) The receiving, storage, and regasification plants of liquefied natural gas (LNG) belonging to the core network, including the loading facilities of liquefied natural gas cisterns.

b) The natural gas underground storage sites belonging to the basic network that can be supplied by the gas system.

c) Natural gas transportation facilities.

d) Natural gas distribution facilities, including LNG satellite plants that supply several consumers.

e) International connection pipelines, understanding as such those located in the Spanish territory that connect the national grid with the gas pipeline networks of other countries or with deposits or existing storage in other countries.

f) The gas pipelines of the gas system with the fields, storage and production facilities of biomethane in the terms set out in Article 54 of Law 34/1998 of 7 October.

g) Any other installation required for the supply of natural gas to users with access rights.

2. For the purposes set out in this royal decree, operators of facilities are referred to as operators or managers, as appropriate, of the facilities referred to in paragraph 1 of this Article. Operators of such facilities shall have the obligation to allow third party access to them.

3. For the purposes set out in this royal decree it is called the Transport and Distribution System, which comprises the facilities included in paragraphs (c), (d), (e), (f) and (g) of paragraph 1 of this Article.

4. The pipelines defined as direct lines in Article 78 of Law 34/1998 of 7 October of the hydrocarbon sector are not included in the access regime of this royal decree.

5. In the case of installations which have obtained an exemption in accordance with Article 71 of Law 34/1998 of 7 October, the conditions set out in the exemption decision shall apply to them.

6. In the case of non-basic underground storage facilities, the provisions of Article 70.3 of Law 34/1998 of 7 October 1998 shall apply.

Article 3. Subjects with right of access.

In the terms and conditions set out in this royal decree, the following subjects are entitled to access to the facilities of the system:

a) Natural gas marketers.

b) Direct consumers on the market.

c) The Technical Manager of the Spanish Gas System, the carriers, and distributors of natural gas and the Corporation of Strategic Reserves of Petroleum Products (CORES), will be able to exercise the access to the single and only where they so require for the development of the activities for which they are expressly authorised by the rules in force.

Article 4. Denial of access.

1. Access to facilities may be refused only in the event of a lack of capacity available during the requested contractual period, in the case of non-payment of tolls and charges as detailed in Article 11 or insufficient the guarantees deposited.

2. Access at an exit point to a consumer may not be refused because of a lack of capacity when referring to an existing supply that is consumed or consumed during the last calendar year in the quantities requested.

3. At the request of any of the parties involved, the National Markets and Competition Commission shall decide on the discrepancies relating to access to the premises, including those arising from the refusal of the facility.

Article 5. Single telematics platform for application and capacity procurement.

1. The Technical Manager of the System, by itself or through a third party, shall enable a single telematics platform for application and capacity procurement in facilities included in the regulated third-party access regime, with the exception of interconnections with other countries of the European Union whose access procurement is regulated in accordance with the provisions of Commission Regulation (EU) No 984/2013 of 14 October 2013 establishing a network code on the mechanisms of capacity allocation in the gas transmission networks and Regulation (EC) No 715/2009 of the European Parliament and of the Council European Parliament and the Council of 13 July 2009 on the conditions for access to natural gas transmission networks and repealing Regulation (EC) No 1775/2003 and the implementing and implementing rules laid down by the Commission National of Markets and Competition.

Through the single telematic platform for application and capacity procurement, the data included in paragraphs (a) to (d) of Article 43.2.7. of Royal Decree 1434/2002 of 27 December, for which they are regulated, will be accessed. the transport, distribution, marketing, supply and authorisation procedures of natural gas installations.

By resolution of the Secretary of State of Energy, prior to the report of the National Commission of the Markets and the Competition, the technical requirements of this platform will be approved. This resolution will be published in the "Official State Gazette".

2. Facility operators shall offer their available capacity on this platform and shall recognise the contracted capacity rights.

Each application for the acquisition of capacity introduced will provide a firm, binding commitment to the parties to purchase the product in question.

Any request for capacity entered on the platform will be subject to an immediate validation process by the System Technical Manager to verify that sufficient guarantees have been provided, according to established in Articles 33 and 34 of this royal decree.

The contract shall be refined at the time of appeal in cases where capacity allocation is carried out by means of auction procedures or capacity allocation in the remainder of the procedures.

The platform will make it possible to hire sufficiently in advance, taking into account the different time horizons of each product.

3. Contracts made shall be deemed to be firm, binding on the parties, during the entire contract period, and the holder of the contracted capacity must pay all the tolls corresponding to the regulations in force, even in the case of non-capacity utilization.

Article 6. Standard capacity procurement products.

1. For all installations covered by the regulated third-party access regime, the following products are defined, characterised by a standard duration, which may be amended by order of the Minister for Industry, Energy and Tourism. Report of the National Commission on Markets and Competition:

a) Annual product. Service that entitles to the use of the contracted capacity during all the days of a year. The annual capacity may be offered at most for the following 15 years of gas.

b) Quarterly product. Service that entitles the use of contracted capacity during all days of a quarter, beginning on October 1, January 1, April 1, or July 1, as applicable.

c) Monthly product. A service that entitles to the use of the contracted capacity during all the days of a calendar month, beginning on 1 of each month.

d) Daily product. Service that entitles the use of the contracted capacity during a gas day.

e) Intraday Product. Service that entitles the use of contracted capacity from the effective time of hiring to the end of the gas day.

2. For supply points connected to pressure networks of less than or equal to 4 bar, it may be possible to opt for permanent access contracts, not associated with the standard periods of employment, with the current contract being maintained. As long as there is no change in the contracted capacity, the transfer to another marketer or the reduction or suspension of the supply, without in this case multiple access contracts can be superimposed.

Except in the case of causing low supply, the contracted capacity reduction may not be performed until one year after the last modification.

3. The list of services offered on the premises covered by the regulated third party access regime, with the exception of interconnections with other countries of the European Union, is detailed in the Annex.

By order of the Minister of Industry, Energy and Tourism, after a report from the National Commission on Markets and Competition, the Annex may be amended.

Article 7. Contracting access to the Natural Gas System Balance Virtual Point.

1. All gas that has had input into the transport and distribution system shall be considered to be located in the Balance Virtual Point of the natural gas system.

2. In the Balance Virtual Point you can perform commercial transactions of change of ownership of gas regardless of the point of entry or exit of the same. All gas delivered to the Balance Virtual Point is freely interchangeable without any restrictions.

3. The access and exit access services of the Balance Virtual Point set out in the Annex shall be independently contracted by the subjects with the right of access.

Article 8. Capacity allocation procedure.

1. The allocation of capacity for access to facilities included in the third-party access regime shall preferably be carried out by means of market procedures.

In the case of under-contracted facilities, capacity allocation mechanisms may be developed based on chronological criteria for requesting access to facilities.

By order of the Minister of Industry, Energy and Tourism, prior to the report of the National Commission of the Market and the Competition, it will be established under which conditions an infrastructure is considered to be under-contracted.

In addition, specific market mechanisms may be developed for capacity allocation in new infrastructure, or for capacity allocation in the underground storage facilities required for compliance with the requirements. maintenance obligations for minimum stocks of natural gas security.

2. On the order of the Minister for Industry, Energy and Tourism, prior to the report of the National Commission on Markets and Competition, procedures for the allocation of capacity for access to the facilities of the gas system will be approved. consider at least the following aspects:

a) The detailed definition of the product being offered.

b) Percentage of capacity reserved for contracts of duration less than year.

(c) When determined, aggregate capacity products may be offered, understanding as such those in which undifferentiated capacity is offered located in two or more facilities interchangeably.

3. The content of the order of the Minister for Industry, Energy and Tourism may be developed, at least, by the Secretary of State for Energy, following a report from the National Commission on Markets and Competition, Following aspects:

a) The rules of the capacity allocation procedure.

b) The output price and, if applicable, reserve price.

c) The development schedule for the allocation and procurement procedure for the allocated capacity.

d) The unallocated capacity allocation mechanism.

e) At points where the Technical Manager of the System so justifies, products of an interruptible nature may be offered.

This resolution will be published in the "Official State Gazette".

4. If, as a result of the allocation of capacity by means of market procedures, additional revenue is obtained from those provided for in application of the tolls and charges in force, they shall be considered as liquidable revenue from the system.

5. The provisions of this article do not apply to the hiring of the Balance Virtual Point exit to final consumers.

Article 9. Hiring output capacity from the Balance Virtual Point to a final consumer.

1. The procurement of exit capacity for the supply to a final consumer will be carried out through the telematics platform referred to in Article 5.1 of this royal decree and will require prior validation by the Technical Manager of the System, that the guarantees constituted by the market or direct consumer on the market, if any, are sufficient.

2. Requests for access involving a change of marketer shall automatically and from the actual date of the change shall be automatically transferred from the outgoing marketer to the incoming marketer of the relevant contract of output capacity from the Balance Virtual Point to the final consumer.

3. Requests for access that do not involve a change in the marketer, including high supplies of new supplies and modifications of the contracted capacity of existing supplies, shall also require the prior verification by the holder of the the facilities that there is sufficient capacity and shall be resolved within a maximum of 7 calendar days from the receipt of the application by the distributor or carrier.

In the case of daily or intra-day capacity hiring, the prior check that sufficient capacity exists will be performed within a maximum of one hour.

4. In the case of requests for access by future consumers who are not previously connected to the network, the application procedure for the connection to the network established in the implementing rules shall apply.

5. A number of access contracts may be concluded at the supply points of the same or different duration. In the event that one of them has a shorter duration than the month, the point of consumption must be made available to the telemedide.

6. Consumers who form contracts for a duration of less than one month, in accordance with the products defined in Article 6.1, shall have operational telematic equipment.

Article 10. Secondary capacity market.

1. The capacity of the facilities of the gas system which is contracted in accordance with the third-party access regime in force may be the subject of purchase or sale to other subjects with a right of access with the exception of the capacity of the The Balance Virtual Point output to a consumer that is considered to be associated with each consumer.

2. Direct market traders and consumers may transmit the capacity to which they are holders by means of purchase or sale, while the remaining of the subjects with the right of access may only transmit the capacity by sale. All subjects with the right of access may acquire capacity through purchase and sale.

3. The purchase and sale of capacity may be carried out by the total amount of capacity contracted or by a part of the capacity and by the total temporary duration contracted or by a part of it.

4. Users will be able to freely perform capacity purchase or sublease operations through bilateral agreements or through the single request and capacity contracting telematics platform. In both cases the operations must be recorded on the telematics platform regardless of the method used for the transaction and the sales transactions must be validated in advance by the Technical Manager of the System with the sufficiency of the securities lodged.

Facility operators will have an obligation to facilitate capacity transactions on the secondary market and to recognise the transfer of the capacity rights notified to them.

5. The Technical Manager of the System shall keep a record of the operations carried out, so that at all times the ownership of the contracted capacity in the system is reflected or, in the case of sublease, the holder of the right of nomination.

The National Markets and Competition Commission and the Ministry of Industry, Energy and Tourism will have telematics access to the registration of resale and capacity-building operations.

6. The capacity acquired on the secondary market by means of purchase and sale shall apply to it all the rights and obligations under the law applicable to the contracts made with the operators of the facilities, including, where appropriate, the provision of guarantees that are applicable.

Article 11. Contracts for access to facilities.

1. By resolution of the Secretary of State for Energy, on the proposal of the National Commission of the Markets and the Competition, the framework contracts or standard models of contracts of access to the facilities of the gas system and the adendas will be approved necessary to include the contracted capabilities of each product and period. This resolution will be published in the "Official State Gazette".

In the case of international gas pipeline connections with other European Union countries, the contracts will be approved by resolution of the National Markets and Competition Commission, according to the granted in Law No 3/2013 of 4 June. This resolution will be published in the "Official State Gazette".

2. The operator of the facility may not lay down additional conditions for access or require the inclusion of additional clauses that are not covered by the standard models.

3. The minimum conditions for access contracts to be concluded with the operators of the appropriate facilities shall be as follows:

(a) Subject to payment of tolls and access charges:

The subject who is obliged to pay the tolls and royalties shall be the subject with the right of access that holds the entitlement of the right of capacity during the established period, already holding such ownership by means of an acquisition primary or through a resale acquisition made on the secondary market.

In the event of non-payment of tolls or charges, the operator of the facilities may not require such payment from the consumer, except where they exercise their right of access by acting as a Direct Consumer in the Market.

The non-payment of the supply contract concluded between the consumer and the marketer does not exempt this from its obligation to pay for access to the facilities.

b) Payment period: Fifteen calendar days from the date of issue of the invoice by the operator of the facilities.

c) Defaults: They will give rise to the temporary suspension of the contract.

4. In the event of disagreement with the application of the standard models, either party may conflict with the National Commission on Markets and Competition, which shall decide in accordance with the provisions of Article 12 (1). Law 3/2013, of 4 June.

Article 12. Procedures for managing congestion.

1. On the order of the Minister of Industry, Energy and Tourism, prior to the report of the National Commission of the Markets and the Competition, the procedures for managing the congestion applicable to the installations of the Spanish gas system will be approved.

2. The National Markets and Competition Commission shall, by means of circular, approve the procedures for managing congestion on international connections with Europe as set out in Annex I to Regulation No 715/2009 of the European Parliament. European Commission and Council of 13 July 2009.

TITLE II

Organized gas market

Article 13. Organized Gas Market.

1. The Organized Gas Market consists of free and voluntary transactions for the purchase and sale of natural gas in the short term with physical delivery at the Virtual Point of Balance, as well as the other products defined in Article 14.

2. The procurement of natural gas in the short term covers products whose delivery horizon is included between the day itself and at least the last day of the month following that of the completion of the transaction.

3. This market is constituted as a 'Trade Platform', as defined in Article 10 of Commission Regulation (EU) No 312/2014 of 26 March 2014 establishing a network code on the gas balance of gas networks in the European Union. transport.

Article 14. Products traded on the Gas Organized Market.

1. In the Organized Gas Market, at least the following products will be negotiated:

(a) Standard gas transfer of ownership in the Balance Virtual Point with a time horizon until the last day of the month following that of the transaction.

(b) Short-term normalized product consisting of the transfer of ownership of the gas located at the Virtual Point of Balance that the Technical Manager of the System may acquire or sell to perform its balancing functions.

(c) A short-term local standard product consisting of the transfer of ownership of the gas located at a point or set of specified points of entry or exit to/from the Balance Virtual Point as the Technical Manager The System can purchase or sell to perform its balancing functions.

2. In addition and after enabling the Minister of Industry, Energy and Tourism, the following products relating to the gas supply chain may be negotiated:

(a) Gas procurement products necessary for the operation of the gas system, such as operating gas, gas heel, gas buffer of underground storage, gas for maintenance of stocks strategic natural gas or the gas part for the supply to consumers of last resort to be determined by order of the Minister of Industry, Energy and Tourism.

b) Gas entitlement transfer products delivered at the System Balance Virtual Point with a time horizon greater than the last day of the month following the completion of the transaction.

c) Balance sheet services based on the gas sales promoted by the System Technical Manager.

d) Products for the transfer of ownership of liquefied natural gas in the tanks of regasification and natural gas plants in underground storage.

e) Any other products deemed necessary.

In that order, for each new product to be negotiated, its characteristics, negotiation mechanisms and the form of remuneration of the Market Operator will be fixed, depending on the nature of the market, as well as the conditions of the separation of activities, including accounting separation, which are required.

Article 15. Rules of the Organized Gas Market.

1. The Gas Organized Market Rules contain the procedures, terms and conditions that apply to the organization and operation of the said market as well as its technical and economic management.

2. These Rules, as well as the contract of accession to these Rules, will be approved by resolution of the Secretary of State of Energy, prior to the report of the National Commission of the Markets and the Competition, on the proposal of the Operator of the Market and publish in the "Official State Gazette".

3. The Market Operator shall publish on its website an English and a Portuguese version of the Market Rules and Resolutions after approval and modification.

Article 16. Market Resolutions, Instructions and User Guides.

1. By resolution of the Secretary of State of Energy, prior to the report of the National Commission of the Markets and the Competition, the Market Resolutions that are necessary for the application and execution of the Rules will be approved.

2. These Market Resolutions will be aimed at establishing the details of the different market processes and products and will be proposed by the Market Operator, following the report of the Committee of Market Agents. They will also be published in the "Official State Gazette".

3. In cases where it is strictly necessary or urgent for the proper operation of the organised gas market, and always in accordance with a prudent operating principle, the Market Operator may issue the Instructions that result necessary in order to respond to the need to introduce operational details of the Market Rules or Resolutions. These Instructions, once published by the Market Operator, will be notified to the Ministry of Industry, Energy and Tourism, to the National Markets and Competition Commission and to the Committee of Market Agents. By resolution of the Directorate General for Energy Policy and Mines, the publication of these instructions may be ordered in the "Official State Gazette".

4. The Market Operator may develop User Guides for the effective operation and proper use by the market players of the IT systems and the Market Platform that the normal operation of the market requires.

5. They shall be notified to the Ministry of Industry, Energy and Tourism, the National Markets and Competition Commission and the Committee of Market Agents.

Article 17. Subjects who can act in the Organized Gas Market.

The following subjects will be able to perform in the Organized Gas Market:

a) The Operator of the Gas Organized Market.

b) Natural gas marketers.

c) Natural gas carriers and distributors.

d) Direct consumers on the market, understood as those consumers who have contracted access to the transport or distribution facility to which they are connected for their own consumption, independently of whether they have additionally subscribed to an ordinary contract with a marketer.

e) The Technical Manager of the Spanish gas system.

f) The Strategic Petroleum Reserve Corporation (CORES).

g) Any other subject who conducts gas sales purchase with the rest of the market participants without access to third party facilities with the limitations included in Law 34/1998, of 7 October.

h) The Global Technical Manager of the Portuguese gas system.

Article 18. Subject Enabled and Agent of the Gas Organized Market.

1. Subject to the conditions required by the Technical Manager of the Spanish gas system to permit the receipt of its notifications of gas transactions, it is understood by subject to be enabled.

2. Agent of the Gas Organized Market is that legal person who, having acquired the condition of the entitled subject, has subscribed to the contract of adherence to the Market Rules and has been admitted as such by the Operator of the Market.

3. Depending on the requirements met in the Spanish and Portuguese gas system, the agents will be able to negotiate products with delivery in the Spanish gas system, in the Portuguese gas system, or in both systems.

4. The agents will be able to participate in the Organized Gas Market directly or through a representative. In this case, the representative will assume full responsibility for all the acts of the representative in the Organized Gas Market on his behalf.

Article 19. Rights and obligations of the Agents.

1. Without prejudice to any other rights established in the applicable rules and in the Rules, each staff member is entitled to:

(a) Perform operations on the products admitted to trading for which it meets the requirements set out in the specifications of those products.

b) Having access, on objective and non-discriminatory conditions and without prejudice to the observance of the corresponding confidentiality obligations, to all information and documentation relating to the operation of the market and, in particular, with their participation in the market.

c) Be duly informed in relation to the market, as well as the operations it has performed, through the platform enabled by the Market Operator for this purpose.

(d) Receivable the result of the billing of the transactions carried out on the market when the balance of the transaction is a creditor for the agent.

e) Make inquiries and claims in accordance with Market Rules.

f) The confidentiality of that information arising from your participation in the market such as that which you have exchanged with the Market Operator.

g) Be informed in time and form of any modification in both market regulations and interpretation of the same, as well as all those that may condition your participation.

h) Elevate proposed amendments to the Committee of Market Agents, the Secretary of State for Energy or the National Commission on Markets and Competition.

2. Without prejudice to other obligations under the applicable rules and in the Rules, each agent must, on an ongoing basis:

(a) Meet the admission requirements, which are set under objective and non-discriminatory conditions.

(b) Respect the market operation, in particular the obligation for tenders to be made in accordance with the provisions of the Market Rules. To this end, the agent, by signing the Agreement of Accession, declares to know and accept in full the content of the Rules and Market Resolutions in force at any time, being also aware of the applicable rules and of the Instructions and Guides dictated.

c) Maintain the confidentiality of such information that it has obtained through its participation in the market, or through the Market Operator or the settlement service provider company.

d) Dispose of the necessary means for the proper functioning of the market and meet the requirements in the technical operation, as set out in the Market Rules.

e) Keep the data associated with the agent duly updated in the Market Platform. The agent is solely responsible for keeping your data up to date at all times.

f) Responding to the economic obligations arising from their market performance.

g) Communicate the cessation of compliance with any of the market access requirements as well as any expected changes in the status of the agent that will lead to the failure to comply with market access requirements.

Article 20. Market makers.

In addition to what is established in the additional thirty-fourth provision of Law 34/1998 of 7 October, and in order to promote the liquidity of products admitted to trading in the Organized Gas Market, the Rules of Procedure Market shall establish the terms and conditions for the voluntary participation of market makers.

Article 21. Market Operator functions.

1. The Market Operator is responsible for the management of the Gas Organized Market, having the necessary and appropriate functions for the proper functioning of the market and the economic management of its services, respecting the principles efficiency, effectiveness, transparency, objectivity, non-discrimination and independence.

2. It is up to you to manage the different Negotiation Sessions, list the marketable products, receive the offers of acquisition and sale, carry out the management of the same and the annotations fruit of the casings in said market.

3. In particular, the following functions correspond to:

a) Formalize and accept the admission of potential agents.

b) Define the products admitted to trading that will be approved by Market Resolution.

c) Receive the offers of sale and purchase of gas and of how many other products that may be negotiated, by carrying out the verification and management of the same, according to the Rules.

d) Casar the various offers received according to the Rules.

e) Calculate the prices of the products negotiated for each Trading Session, resulting from the casings in the market.

f) Ensuring the proper functioning of the Market Platform.

g) Inform agents, as soon as possible, of any possible incidents or events that may affect the functioning of the market.

h) Make available to the agents the documentation associated with the functioning of the market, in particular the Market Platform, as well as the modifications and new versions that are published, in good time about the time of application.

i) Post daily the prices and volumes traded for each of the products on the market, as well as any public information that is established.

j) Publish daily reference prices, including those to be used in the balance sheets.

k) Communicate to each Technical Manager of the System the notifications resulting from the transfers of gas ownership in the Organized Gas Market with delivery in the gas system under its responsibility, result of the the purchase and sale offers of the products with delivery on that system.

l) Communicate to each Technical Manager of the System, or to the entities to whom it corresponds, the information associated with the transactions of the other negotiated products, which is necessary for the development of their functions.

m) Performing directly or through a third party, acting as a counterparty, liquidations of market processes, billing and collection and payment processes, as well as the management of market guarantees.

n) Communicate and make available to agents the economic results of their transactions.

o) Communicate to the competent authorities the conduct contrary to the proper functioning of the market, such as the manipulation or attempt of market manipulation and the conduct of insider trading and situations that may be anomalous, always taking into account the information available to the Market Operator.

p) Develop and publish the Market Operator code of conduct.

q) Ensure the confidentiality of information of a confidential nature that has been made available to you by the agents, in accordance with applicable rules.

r) To perform directly, or through a third, the work of the Natural Gas System Guaranty Manager that is defined in this royal decree

s) Any other functions that are set normatively.

Article 22. Negotiation Sessions.

1. Market negotiation is structured in Negotiation Sessions, with one or more products being negotiated at each session.

2. In a Negotiation Session two types of negotiation can coexist: auction and continuous market.

3. The dates, times and types of negotiations admitted at each Negotiation Session will be defined in the Market Rules and Resolutions.

Article 23. Negotiation Portfolio.

1. The agents, or their representatives, shall make their offers for the purchase and sale of the various products through the negotiation portfolios, which shall always be of ownership of the agent.

2. An agent may have one or more trading portfolios of its ownership.

3. Each trading book shall allow only the negotiation of products with delivery in the same gas system.

Article 24. Market Platform.

1. The Market Operator will provide the agents with the necessary information and credentials for the completion of the market processes through the Market Platform, always respecting the confidentiality criteria.

2. Through this platform, the agents will carry out the registration actions in the Gas Organized Market, carry out the negotiation of the products and will be able to consult the information about their participation in the market and the results of the same.

Article 25. General features of the offerings.

1. Each purchase or sale offer sent by an agent is a firm commitment for its share of purchase or delivery of the product in question.

2. Any tender submitted will be associated with a Negotiating Portfolio. For each offer, at least the product offered, quantity of product offered and price must be specified.

3. Any offer received on the Market Platform, prior to its entry into the trading venue, will be subject to a validation process by the Market Operator, which will verify, among other conditions, that they have been established. sufficient guarantees.

Article 26. Types of negotiation.

1. Auctions:

a) In negotiation by auction, agents can send purchase and sale offers for a given product.

(b) The appeal of the sales and purchase offers shall be made for each product auctioned independently by means of the simple appeal method. The result of the appeal shall determine the marginal price of each product, which shall be equal to the price of the cut-off point of the aggregate sales and purchase curves of that product, as well as the quantity of product that is allocated for each agent.

c) May be performed, inter alia, opening auctions, closing auctions or auctions to certain events.

2. Market continued:

a) In continuous market trading, agents can send purchase and sale offers for a given product. Agents have at all times access to the information of the tenders submitted by the other agents.

b) When an offer is entered, the appeal is made instantly, in case there is a competitive counter offer.

Article 27. Effects of the appeal.

1. Once an offer is married, the transaction is firm, leading, if the offer is a purchase, an obligation to acquire the product, and, if the offer is for sale, an obligation to deliver it, at the place of delivery indicated in the specification of the product. In addition, the payment obligation and the right to charge the transaction price are also carried out.

2. The transaction shall be understood to be perfected at the time of the appeal and executed at the time of the notification by the Market Operator to the System Technical Manager. The delivery on each gas day of the product shall be understood at the time of the notification.

3. The transaction shall, for information purposes, be referred to the Technical Manager of the System on the day it has been perfected.

4. In the event of the loss of the condition of the subject being enabled at the time of the notification, the delivery shall be deemed not to be effected but if notified, subject to the rules for the clearance of the balance sheet and the guarantees of the organised market. of gas to be contemplated in the Market Rules.

Article 28. Process notifications to the System Technical Manager.

1. The Technical Manager of the System shall have the necessary technical and operational mechanisms for the receipt of the notifications associated with the transactions and contracts coming from the Market Operator and other platforms that may negotiate or broker products with delivery in the Spanish gas system.

2. The details of the exchanges necessary for the development of this article will be developed through detailed protocols of the System Technical Management Standards.

Article 29. Market Operator information exchanges with System Technical Manager.

1. The Technical Manager of the System shall communicate at least once a day to the Market Operator the days of gas for which the authorised subjects are authorised to make transfers of ownership in the virtual point of balance.

2. The Market Operator will use this information in the bid validation process, not allowing agents to perform offers associated with products that include delivery periods for which they are not authorized.

3. The Market Operator will send each day to the System Technical Manager the prenostifications associated with the transactions carried out in the Negotiation Sessions of that day, which will include, the sum of all the energies corresponding to the purchase and sale transactions with delivery on each gas day, for each subject who has acted in the Gas Organized Market.

4. The Market Operator will send each day to the System Technical Manager the notifications associated with the transactions carried out with the next day of gas, which will include for each day the sum of all the energies corresponding to the purchase and sale transactions with delivery on that gas day for each subject who has acted in the Gas Organized Market.

5. In the case of intra-day products the Market Operator shall send to the System Technical Manager the notifications associated with the transactions carried out.

6. The loss of a subject's entitlement to send notifications from the moment of the processing of the transaction to its notification may not be the cause of the rejection of such notification.

7. The System Technical Manager will communicate to the Market Operator if there is any subject that, having made one or more transactions in the market with delivery on the gas day when authorized to do so, has lost the condition of Subject Enabled. The transactions of the said subject shall be deemed not to be delivered on that day of gas remaining unchanged from the transactions of the other agents.

8. In the settlement of the gas market, the amounts to be paid to a subject according to the economic results of the transactions that would not have been delivered, and on the part that is not necessary to cover payment obligations on the market, shall be made available to the Guaranty Manager, together with the guarantees provided for this effect in the market rules, to be available to them, in order to cover, if necessary, any non-compliance. in the payment of imbalances in that subject and, subsequently, any other economic obligation pending with the gas system.

9. The Market Operator and the System Technical Manager will develop the collaboration protocol and procedures necessary to establish coordination mechanisms, responsibilities, processes and means for the exchange of information. information, determine the information exchanged and the actions to be performed by both entities to ensure the proper functioning of the Gas Organized Market.

10. The details of the exchanges necessary for the development of this article will be approved by resolution of the General Directorate of Energy Policy and Mines. The information exchange mechanism described in this article will be used by other trading platforms or intermediation with the System Technical Manager.

Article 30. Calculation and publication of economic results.

1. It is for the Market Operator to carry out the calculation of the economic performance after the market casings and the recording and reporting of the payment obligations and the receivables to which the married transactions in the Organized Gas Market.

2. The Market Operator shall make available to each agent the economic results of its transactions, while respecting the anonymity of the negotiation in the organized market, both in the cassation and in the settlement and the rules of confidentiality. established in Market Rules. You will also publish the aggregated information for the transaction set for each day of delivery and each trading day.

Article 31. Processes for the settlement of economic performance.

1. The settlement of the economic results shall mean the set of processes after which the buyers pay the Market Operator the final amount to be paid, and the latter, in turn, pays the sellers the final amount to be paid by the sellers in question. the virtue of the economic performance.

2. The processes of settlement of the economic results shall include the invoicing, the management of charges and payments and the calculation of the guarantees associated with their participation in the market.

3. The transactions of the agents shall be settled in the terms established by the Market Rules.

Article 32. Committee of Market Agents.

1. The Market Operator shall be a Committee of Market Agents with consultative functions, which shall be designed to be familiar with and be informed of the operation and management of the market by the Market Operator and the elaboration and channelling of proposals that may result in a better functioning of the same.

2. The specific functions of the Market Agents Committee shall be as follows:

a) Know and be informed of the evolution and functioning of the market, as well as the development of the processes of appeal and settlements.

b) To know, through the Market Operator, the incidents that have taken place in the operation of the market.

c) Analyze the functioning of the market and propose to the Market Operator changes to the operating rules that may result in a change or operational improvement of the market.

d) Report on the new proposals for Market Rules and Resolutions, including, where appropriate, the particular votes of their members.

e) Advise the Market Operator in the resolution of incidents occurring in the Negotiation Sessions.

3. The Committee of Market Agents will be composed of representatives of the Market Operator, agents, the National Commission of Markets and Competition and the System Technical Manager and its composition will be determined according to the established in the Market Rules. In addition, the Committee of Market Agents, may invite representatives with voice and no vote, from each of the following groups: carriers, distributors, consumers in the market, CORES and relevant associations related to the market. sector.

4. The Committee of Agents shall adopt its rules of procedure, in which it shall establish the periodicity of the sessions, the procedures for convening it, the rules of code of conduct, the procedure for the adoption of agreements and the periodicity for the renewal of its members. Membership of the Market Agents Committee shall not be remunerated.

5. The Chairman and Vice-Chair of this body shall be elected by the Committee of Agents among its members. The duties of the Secretary shall be permanently performed by the Market Operator.

TITLE III

Warranties and conflict resolution

Article 33. Guarantee account to operate in the Natural Gas System.

1. Guarantees for the procurement of infrastructure capacity with third-party access, for participation in the Gas Organized Market and for the liquidation of imbalances, will be jointly managed by the Operator of the Market as Guarantees Manager, respecting their particular conditions and characteristics and the finisher character of each one, directly or through a third party. The management of the guarantees must be efficient and effective in terms of costs and risks, with the necessary incentives to achieve these objectives.

2. The subjects defined in Article 3, the agents defined in Article 18 and the subjects authorized by the Technical Manager of the System, shall have an Account of Guarantees before the Guaranty Manager where the guarantees established are provided. to provide sufficient coverage for its operations. The agents shall determine the part of the guarantees assigned to each purpose, not being able to the potential requirements of guarantees associated with one purpose to be covered by guarantees committed to another.

The Guaranty Manager will have the necessary mechanisms to allow the agents to allocate the guarantees provided and not committed between the different purposes according to their needs.

3. The guarantees shall be in response to the obligations assumed by each holder of the Guarantee Account, including current taxes, interest on late payment, penalties and fees payable at the time of payment.

4. By resolution of the Secretary of State of Energy, upon report of the National Commission of the Markets and the Competition, or, where appropriate, in the Market Rules, the following shall be approved at least:

(a) A standard model for the provision of guarantees, including at least a history of the subject as a user of the gas system, the definition and formula for the calculation of the risk under the guarantee, as well as the action in case of non-compliance.

b) The amount of guarantees.

c) Valid instruments for the formalization of guarantees.

d) The communication protocol with the Guaranty Manager.

e) The acting protocol in case of defaults.

This resolution will be published in the "Official State Gazette".

5. In the case of termination of all access contracts, payment obligations in the settlement of imbalances and of operations in the Gas Organized Market, the guarantee shall be cancelled after the last payment.

Article 34. Control of the commitments made by the subjects.

1. The Guaranty Manager shall keep the payment commitments and the associated guarantee volume of each guarantee account holder continuously up to date, allowing the System Technical Manager to verify that each request for capacity Received on the single telematic platform for application and capacity procurement, it has sufficient uncommitted guarantees.

2. Likewise, the Guaranty Manager will verify that the levels of uncommitted guarantees of the subjects are at all times within the permitted limits established, requiring the subject the contribution of new guarantees in case

Article 35. Defaults.

1. At least the following two types of defaults shall be considered:

(a) If the established period of payment has elapsed, the total amount of the payment, including the corresponding taxes, would not have been made.

(b) If, in response to the request for the provision of new guarantees, the subject does not regularise his/her status in the period established.

2. In the case of non-compliance, the guarantees constituted and the payment of a penalty shall be carried out. Also, in the case of defaults on payments, the amounts due and unpaid shall bear interest for late payment from the date on which the payment was payable without having been verified, until the date on which the payment was actually made. paid the amount outstanding.

3. If the performance of the guarantee does not allow the collection of the entire amount due on the day the payment is payable, the payment entitlements of the holders who are creditors shall be reduced in proportion.

4. Once the debt has been settled, the debt will be regularised, paying the amount that has been paid out plus the corresponding interest on late payments to the creditors.

5. Failure to comply with your obligations by a subject may result in:

(a) Non-compliances relating to access to installations contracts: The operators of the facilities shall suspend the access contract, under the conditions laid down in the access contracts to which it is made a reference in Article 11 of this Royal Decree, where at least 13 working days have elapsed since the payment was made to the subject, without the fact that the payment had been made effective, or the guarantees. The operators of the facilities will report the suspension to the System Technical Manager, the Ministry of Industry, Energy and Tourism and the National Market and Competition Commission. For these purposes, the requirement shall be made by reference to the address which is given in the contract of access for the purposes of communication, by any means which would permit the person concerned to receive a record of the receipt and date, identity and content of the same.

When the access is made directly by a Direct Consumer in the Market, the communication must include the process of disconnection of the consumer of the networks by default, specifying the date from which the will produce the disconnection, if the requested quantities are not paid on an earlier date.

(b) Non-compliances relating to the Organised Gas Market: They shall give rise to temporary suspension of their status as an agent in the Organised Gas Market, in accordance with the procedure laid down in the market rules.

(c) Non-balance sheet defaults: They shall result in the loss of the right to make notifications, and where appropriate, to the cancellation of the user condition in accordance with the implementing rules.

The above measures shall apply without prejudice to the penalties applicable to them in accordance with the provisions of Law 34/1998 of 7 October 1998 and their implementing rules.

6. The Guaranty Manager will communicate the cases of non-compliance and the execution of the guarantees to the Directorate General of Energy Policy and Mines, to the National Commission of Markets and Competition and to the Technical Manager of the System for the start, in its case, of the default disablement procedure.

7. The processes, actions, parameters and communications associated with the situations of non-compliance will be developed in the Market Rules and in the resolutions associated with capacity contracts and the clearance of imbalances.

Article 36. Queries and claims.

1. The result of the appeal may be claimed in the Gas Organized Market, in the form and time limits to be determined in the market rules, after being made available to the agents. The Market Operator will analyze the claim as soon as possible, and may cancel, suspend or repeat the operation.

2. Capacity allocation results can be claimed in the single application and capacity recruitment telematics platform. The System Technical Manager will analyze the claim as soon as possible, and may cancel, suspend or repeat the operation.

Article 37. Conflict resolution.

1. Conflicts which may arise in connection with the operation of the market, the liquidation of imbalances, the management of guarantees and the contracting of access to infrastructure with a regulated right of access shall be resolved in accordance with the provisions of the Article 12 (1) (b) of Law No 3/2013 of 4 June 2013 establishing the National Commission on Markets and Competition.

2. The resolutions of the National Commission of the Markets and the Competition, will decide all the questions raised, will end the administrative route and will be recourse to the judicial-administrative jurisdiction.

3. The Commission of the Markets and the Competition shall ensure the effective enforcement of the decisions which it provides, in accordance with the provisions of this Article.

TITLE IV

Local Influence Primary Transport Installations

CHAPTER I

Concurrency award procedure

Article 38. Scope of application.

1. This chapter lays down the basis of the concurrency procedure for the award of local primary transport facilities.

2. The award of a pipeline shall include that of its positions, regulatory and/or measurement stations between primary pipelines and all its ancillary facilities, as well as the construction of a new position or modification of an existing one in the pipeline. pipeline to which you connect. The construction of the position and the station of regulation and/or measure or its modification shall be borne by the successful tenderer, being of application in this case what is established in the legislation in force for the transport-distribution connections.

3. The concurrency procedure shall not apply to any primary transport installation belonging to the local influence network which is subsequently connected to a pipeline awarded by this procedure or to the modifications or extensions of existing installations. These facilities shall be directly awarded to the operator of the installation to which he is connected. For these purposes, the duplication of existing pipelines shall be of a new installation and its award shall be governed by the provisions of this Chapter.

Article 39. General principles.

1. The award of the facilities referred to in Article 38 shall be carried out exclusively by means of a concurrency procedure, under the principles of transparency, objectivity and non-discrimination.

2. In all cases, the technical requirements laid down in the specification of technical requirements shall be binding on the successful tenderers.

3. The concurrence procedure will include an economic assessment of the tenders submitted by a court, and a stage of competition may also be applied in order to assess non-economic criteria, among which criteria could be considered. technical and environmental.

4. The use of telematic means for the development of the entire call will be promoted

5. For the preparation of technical requirements, the General Directorate for Energy Policy and Mines may request technical assistance from the Technical System Manager and the National Markets and Competition Commission.

Article 40. Subjects enabled.

1. In order to participate in the procedure it will be necessary to present to the General Directorate of Energy Policy and Mines a responsible declaration that all the requirements in force to exercise the activity of natural gas transport are fulfilled.

2. The successful tenderer must prove his or her status as a carrier or be accredited within one month.

Article 41. Call for the concurrency procedure for the award of facilities.

1. On its own initiative or at the request of the interested parties, by means of a resolution of the Directorate-General for Energy Policy and Mines, and after the report of the National Commission of the Markets and the Competition, the call for the procedure of concurrency. This resolution shall be published in the "Official State Gazette" and shall include at least the following:

a) The appointment of the members of the qualifying court.

(b) The facilities covered by the call, including the technical specifications of each, may include the maximum construction period.

c) The assessment criteria in the contest phase if it is taking place, weighting of each criterion, and total weight of the contest in the concurrency process.

d) Documentation relationship to include in the offering, which will include at least:

1. Potential market study and the likely demand that the pipeline will meet in the first 20 years.

2. º Commitments of intentions of potential consumers of natural gas with indication of consumption schedule and annual consumption of natural gas; and/or of third parties for the construction of distribution networks to attend to the markets the area of influence of the pipeline with indication of investments, length of networks to be constructed, number of consumers to connect and forecast of annual consumption of natural gas.

3. The relationship of facilities, their basic characteristics and layout plans at an appropriate scale.

4. Schedule and execution time.

5. º Guarantees and study of the economic viability of the project.

e) Plazos of each phase and place of delivery of the documentation.

f) Place where the opening of the economic offers will be held and the classification of the bids will be announced.

g) Reference budget, calculated by application of the standard unit values in force, and the amount of the bond.

2. By resolution of the Directorate-General for Energy Policy and Mines the remuneration for maximum allowable MWh, expressed in €/MWh and three decimal places, shall be determined and may be used for technical assistance to the National Commission of Markets and Competition. This value shall be established in accordance with the principles of economic and financial sustainability included in Article 50 of Law 18/2014 of 15 October 2014, for the approval of urgent measures for growth, competitiveness and efficiency.

3. The maximum allowable remuneration per MWh shall be used to determine which economic offers are submitted to the assessment stage.

4. The Directorate-General for Energy Policy and Mines shall forward the value of the maximum remuneration per MWh to the court for opening during the opening session of the envelopes of the economic tenders.

5. The Directorate-General for Energy Policy and Mines may request the additional information it deems necessary for the award of the facilities.

Article 42. Composition of the qualifying court.

1. The court shall be governed by the provisions of Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. Its composition shall be predominantly technical, with all its members having an organic level equivalent to Head of Area or higher and shall include:

(a) An employee of the National Markets Commission and the Competition appointed by the Director of Energy.

b) Two officials from the Directorate-General for Energy Policy and Mines at the Ministry of Industry, Energy and Tourism.

(c) An official of the Technical General Secretariat of the Ministry of Industry, Energy and Tourism.

d) A representative of the State Advocate General of the Ministry of Industry, Energy and Tourism.

e) A representative of each Autonomous Community that the layout of the installation will run through.

For each holder, an alternate must be appointed.

2. The court may ask the System Technical Manager to appoint a person for technical support, without a vote.

3. The chair of the tribunal shall be exercised by an official of the Directorate-General for Energy Policy and Mines and the official of the Technical General Secretariat shall perform the duties of Secretary, with the approval of the minutes of the meetings.

4. The President shall have the power to:

(a) Call the meetings of the members of the court that you deem appropriate, with a minimum of 3 working days in advance.

b) Motivately change a holder by an alternate.

c) Propose the cancellation of the procedure in case of manifest lack of competence.

Article 43. Deadlines.

The concurrency procedure call resolution will include at least the following deadlines:

(a) Deadline for submission of tenders, which may not be less than six months, from the date of publication of the call.

(b) Deadline for verification and acceptance of tenders, which may not exceed two months, from the date of completion of the time limit for the submission of tenders.

(c) Deadline for healing, in accordance with Article 71 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, which may not be less than 10 business days.

(d) Drawings of the public opening sessions of the envelopes of the competition phase, and the opening of the envelopes of economic offers, as well as the date of resolution of the concurrency procedure. These three deadlines shall be determined from the date of acceptance of the tenders, in no case shall the time limit for the decision of the procedure be longer than two months.

Article 44. Receipt of offers.

1. Each offer must include the following documentation in three separate envelopes:

(a) About 1: Accreditation of the participant, technical information of the project, accreditation of compliance with the requirements referred to in Article 41 and guarantees of participation in accordance with the provisions of the Article 46.

b) About 2: Economic Offering.

c) About 3: The information required by the contest phase, if any, as determined by the concurrency call.

2. Envelopes 2 and 3 shall be closed and shall only be opened in public session, at the place and date determined by the call.

Article 45. Economic offer.

1. The economic offer shall include exclusively the remuneration for MWh of natural gas vehicles through the installation, considered as such the gas measured at the point of connection with the upstream pipeline and expressed in €/MWh, with three decimals.

2. The economic offers submitted may not be revised or amended.

Article 46. Provision of guarantees for participation in the procedure.

1. Companies participating in the competition notice must be granted bail in favour of the Directorate-General for Energy Policy and Mines, which responds to the maintenance of its tenders until the award of the contract.

2. The security shall be one per cent of the reference budget, calculated by application of the standard values in force to the technical parameters of the installation and shall be published in the decision to call for the concurrency.

3. The security shall be lodged in the General Deposit Box at the disposal of the Director General of Energy and Mines Policy, in cash or in securities of the State or through a bank guarantee or insurance contract with an authorized insurer to operate in the field of caution.

4. The guarantees provided to participate in the contest shall be returned to the non-successful participants within a maximum of 5 working days from the resolution of the concurrency procedure.

Article 47. Test and acceptance phase of offers.

1. At this stage it will be verified that the administrative documentation is complete, and that the project meets the technical requirements set out in the technical specifications. For this purpose, corrections and subsanations which are necessary for technical and administrative information may be requested.

2. Once the established time limits have been met, the qualifying court will make public the list of bids accepted to move to the next phases of the call.

3. If it is verified that only one offer has been received, the court will convene in the same session the opening of the competition phase, the economic offer and the maximum remuneration for MWh of natural gas vehicles. In the event that the economic offer is less than or equal to the value of the maximum remuneration for MWh of natural gas vehicles, the court will propose to the General Directorate of Energy Policy and Mines the direct award to the company applicant, otherwise, declare the procedure to be deserted.

Article 48. Phase of competition.

1. The concurrence procedure may include a stage of competition in which non-economic criteria are assessed, and the maximum assessment of which in the concurrence procedure may not exceed 30%.

2. The opening of envelopes of the competition phase will be held in public session at the premises of the Ministry of Industry, Energy and Tourism, notifying the date of the act to the concurrent with a minimum anticipation of 5 working days.

3. The members of the court or their alternates shall be present at the sitting, and representatives of the concurrent undertakings may attend, with the corresponding minutes to be signed by the members of the court.

4. The determination of the score obtained for each of the tenders in the competition phase shall be carried out in non-public session, with a record of the same that includes the score reached in each of the criteria by each of the the offer presented, the final score of each of them as well as the assessments made by each of the members of the court.

5. The qualifying court shall assess the fulfilment of these criteria by each of the tenders, qualifying the fulfilment of each of the criteria with a value between 0 and 10, with 10 being the maximum and 0 the minimum.

6. In the case of several criteria, the arithmetic average of the qualifications of each of the criteria will be applied for the calculation of the final assessment of this stage, unless in the resolution of the Directorate-General for Policy Energy and Mines would have established a different weighting formula.

7. The assessment of the fulfilment of each of the criteria by the tenders as well as the final valuation of each of them shall be made public in the opening session of the financial offer envelopes.

Article 49. Economic valuation of the offers.

To value the offers the term R obtained using the following formula will be used:

R = Of-(1-α-C/10)

Where:

a) Of: economic offer (expressed in €/MWh).

(b) α: weighting of the competition phase by one. In no case can it be more than 0.3 or take negative values.

c) C: Assessment of the contest phase (from 0 to 10).

Article 50. The economic assessment phase of the tenders.

1. The economic valuation of the bids shall be carried out in public session in dependencies of the Ministry of Industry, Energy and Tourism, notifying the date of the act to the concurrent with a minimum anticipation of 5 working days.

2. The members of the court or their alternates shall be present at the sitting and representatives of the concurrent undertakings may be present, with the corresponding minutes to be signed by those members or their alternates, which may be provide copies to the representatives of the companies who are in attendance to request it

3. In the event that a competition phase is included, the first place to make public the scores reached by the bids in the criteria of the competition phase as well as the final score of each one.

4. Subsequently, the envelope will be opened with the value of the maximum remuneration per MWh of vehicle gas determined by the General Directorate of Energy Policy and Mines and then the envelopes with the economic offers will be opened. With these values and together with the result of the contest phase, the value of the term R of each offer will be calculated. If an offer is higher than the maximum remuneration for MWh of natural gas driven by the pipeline, it shall be discarded.

5. Once the offers are ordered based on the term R, it will be declared which is the lowest R term.

6. That offer which has the lowest value of the term R and has not been rated as low shall be awarded.

7. The low-fear character of an offer will be determined by the Court according to the installation reference budget, the demand scenarios considered and the set of bids submitted.

8. Where an offer is qualified as a reckless low, the bidder must be heard to justify the valuation of the offer and specify the conditions of the offer, in particular as regards the savings permitted by the performance of the contract, the demand scenarios considered, the technical solutions adopted and the exceptionally favourable conditions for the implementation of the project.

9. If the court, considering the justification made by the tenderer and the reports referred to in the previous paragraph, considers that the offer cannot be fulfilled as a result of the inclusion of abnormal or disproportionate values, the exclude from the classification.

10. Following the analysis of the existence of offers that may be classified as reckless casualties, the court will raise the Director-General of Energy Policy and Mines to report the outcome of the concurrence procedure, which will include the orderly relationship of tenders and an award proposal.

11. The Directorate-General for Energy Policy and Mines will issue a resolution publishing the name of the contracting company, the description of the project awarded, the time limit for the application for administrative authorization, the time limit for the execution of the works and the placing in service of the facilities and the remuneration offered, expressed in €/MWh, with three decimal places. This resolution will be published in the "Official State Gazette".

12. The undertaking shall, within one month of the date of the decision, establish compliance with the requirements set out in Article 40 and the deposit of the security laid down in Article 52.

Article 51. Desert procedure declaration.

At any stage of the procedure, the court of justice may declare the procedure to be deserted if it has an obvious lack of competence, if all the tenders fail to comply with the specifications. techniques, or they would be considered low-daredevil, or exceed the maximum price set

Article 52. Sureties to constitute by the winner of the concurrency procedure.

1. The winning company of the convocation will be within one month from the award, in favor of the Directorate General of Energy Policy and Mines, a bond worth 2 percent of the reference budget to guarantee the compliance with their obligations. This security may be covered by the guarantee of participation referred to in Article 46, otherwise this guarantee shall be returned within a maximum of five working days from the day following the lodging of the security.

2. This security shall apply, where appropriate, to the security provided for the purpose of ensuring compliance with the obligations laid down in the administrative authorisation.

3. The security shall be lodged in the General Deposit Box at the disposal of the Director General of Energy and Mines Policy, in cash or in securities of the State or through a bank guarantee or insurance contract with an authorized insurer to operate in the field of caution. The winning company of the procedure shall forward to the General Directorate of Energy Policy and Mines the documentation of the deposit of such security within 30 working days of its incorporation.

4. The security may be forfeited if, after the time limits provided for in the tender submitted, the undertaking awarded the security has not complied with the obligations attributable to it arising from the competition.

Article 53. Failure to comply with the bond deposit obligation.

1. In the event that the company winning the competition procedure had not lodged the bond or submitted the corresponding application for administrative authorization within the time limits, the Directorate-General for Energy Policy and Minas may propose to the carriers listed below in the order of priority of the procedure of concurrency the realization of the project and the subsequent construction of the facilities.

2. In the event that none of the above companies would agree to the implementation of the project, the General Directorate of Energy Policy and Mines will be able to propose the realization of the project to the incumbent carrier of most of the installations of the trunk, with the same conditions as the company awarded.

3. The guarantee of participation of the winning company that would not have constituted the bond will be given to the Technical Manager of the System who will declare it as income to the system of settlements in the first available liquidation.

CHAPTER II

Local Influence Primary Transport Facility Remuneration

Article 54. Scope of application.

The remuneration methodology defined in this Chapter shall apply exclusively to the primary transport facilities belonging to the local influence network awarded in accordance with the methodology set out in the Chapter. I of Title IV of this royal decree and to all facilities awarded directly to connect, extend or modify any of the above.

Article 55. Annual remuneration.

1. The annual remuneration of the facilities is made up of the term 'remuneration for availability' (RD) resulting from the addition of the remuneration for vehicle gas (RGV) and the remuneration of the operating and maintenance costs (COM), and the term of Supply Continuity Pay (RCS).

2. The terms COM and RCS shall be calculated in accordance with the provisions of Annex XI to Law 18/2014 of 15 October.

3. The linear work shall be paid in respect of RGV from the day following the date of its implementation and until the date set out in Article 56 is complied with, even if the installation exceeds the regulatory life in force. The other elements of the fixed assets shall not be paid directly for RGV.

4. The remuneration for vehicle gas (RGV) shall be obtained from multiplying the annual volume of gas vehicles by the installation from November of the previous year (n-1) to October of the year (n), both included, by the remuneration offered by the successful tenderer. installation in the concurrency procedure.

5. For the purposes of the application of the preceding paragraph:

(a) It shall be used as a provisional flow rate to be applied in the calculation of the remuneration for the year "n" for the vehicle gas since November of the year "n-2" to October of the year "n-1".

(b) The previous interim remuneration shall be replaced by the final payment once the final vehicle has been available for the month of November of the year "n-1" for the month of October of year "n", both of which are included.

(c) During the first year of operation, in order to calculate the provisional remuneration, the Ministry of Industry, Energy and Tourism shall use a vehicle gas forecast on the basis of the data provided by the holder of the installation.

6. Once the regulatory useful life of the item has been completed, and if it continues to be in operation, its remuneration as a COM shall be affected by the useful life extension coefficient set out in Annex XI of Law 18/2014 of 15 October.

Article 56. Maximum remuneration.

1. The net present value (NPV) of the annual RGV remuneration, calculated by applying a discount rate equal to the rate of return (TR) in force each year, will not be able to exceed the value of the investment recognised by the Directorate-General for Energy Policy and Mines. At that time, the remuneration for RGV shall be zero.

2. The NPV shall be calculated according to the following formula:

Being RGV_i and TR_i the pay for vehicle gas and the profitability rate of the year "i" respectively.

Article 57. Cascading pipelines.

The primary transport facilities of the area of influence connected to another primary area of influence awarded by the concurrency procedure shall not be paid for in terms of RGV, receiving only the remuneration for RCS supply continuity and the operating and maintenance costs that correspond to it.

Additional disposition first. Periodic inspection of gas fuel receiving facilities by pipeline.

1. The distribution companies must communicate to the users connected to their network, at least three months in advance, the need to carry out the periodic inspection of the common reception facilities and/or the individual installations of the supply points connected to their networks, with the periodicity laid down in the current regulations of industrial quality and safety.

2. Such communication shall be made individually to the operators of the premises and shall contain the following information:

a) Date of last inspection.

b) Universal Supply Point Code (CUPS) or univocal reference number of the facility in the case of common receiving facilities, or liquefied petroleum gas installations.

(c) Information in relation to the possibility that the holder decides with whom he wants to carry out such an inspection, being able to choose the same distributor or a gas-enabled installation company with sufficient category to perform the inspection in accordance with the type of installation, in accordance with the provisions of Royal Decree 919/2006 of 18 July, approving the technical regulation for the distribution and use of gaseous fuels and their instructions complementary techniques ICG 01 to 11. In addition, the consumer will be informed if the inspection with an installed installation company will be responsible for notifying the distributor of the performance and the result of the inspection.

(d) Week in which the inspection would be carried out in the case where the holder of the premises chose to carry out the inspection with the distribution company and prices of the service with the breakdown set out in paragraph 7 of this Article disposition.

(e) Deadline for completion and presentation of the certificate of the periodic inspection of the facilities in case the holder decides to carry out the inspection with a gas-enabled installation company other than the one of the distribution company. Such a deadline may not be less than 45 calendar days from the date of reference of the written notice by the distributor.

f) The customer service telephone to which the owner of the installation may be directed. The telephone must be free of charge.

g) References to application regulations.

(h) It shall be indicated that in the event that the authorised installer has not referred the relevant certificate of inspection to the distribution company before the established deadline, the holder shall be deemed to be the inspection is carried out by the distributor itself,

In this case, the dealer will communicate the date and time range of the inspection with a margin of 3 hours and at least 5 days in advance. The communication shall include a free telephone number through which the customer may specify the time of the inspection or request modification.

i) Information on where to achieve the relationship of installers.

3. The distribution companies and gas installers must carry out their actions in accordance with the provisions of the previous paragraph of this provision, and the provisions of Royal Decree 919/2006 of 28 July approving the Regulation technical distribution and use of gaseous fuels and their complementary technical instructions.

4. Where the inspection is carried out by a gas installation undertaking, in addition to the supply to the consumer of the copy of the inspection certificate, the inspection certificate must be sent to the distributor by means of telematic means at his disposal. distribution company. He will also keep another copy in his possession. The installation company will record the results of the inspection, and the application will automatically provide an acknowledgement of receipt to the installation company.

5. If the gas installation undertaking carrying out the inspection detects a main anomaly which cannot be corrected at the moment, the gas supply shall be interrupted and the part of the relevant installation or the apparatus shall be sealed. affected. If it is necessary to close the connection key, the installation company must notify the distribution company so that the company can proceed to the court. Correction of the anomaly must inform the distribution company to proceed to the reopening of the key of the attack.

6. In the event that the operator does not carry out the periodic inspection by any of the authorised means and within the time limits specified in Royal Decree 919/2006 of 28 July, the distributor shall inform the competent authority of the Autonomous Community, the operator of the installation and the marketing undertaking which has been supplying it and shall suspend the supply at that point in the terms and conditions laid down in the rules of the Autonomous Community until the presentation of the corresponding certificate,.

7. The maximum rates that distribution companies can charge for inspections of common receiving facilities or individual facilities will differentiate the following concepts:

(a) Expenditure on the management of the distribution company: It will include the costs associated with maintaining the databases of the clients in which the results of the inspection are based, monitoring the situation of the necessary facilities and communications relating to the inspection of public administrations and consumers.

This concept will be established by Order of the Minister of Industry, Energy and Tourism, on a proposal from the National Commission of the Markets and the Competition, and will be billed by the distributor through the company Gas market operator to the holder of the supply point contract irrespective of the undertaking which has carried out the periodic inspection.

b) Physical inspection expenses. It covers, inter alia, the physical inspection, the issue of the certificate and the notification of the certificate to the distribution company. The maximum cost that a distribution company may charge for this concept may be fixed by the competent bodies of the Autonomous Communities and may be invoiced only by the distribution company in the case where the inspection has been carried out by the distributor or by staff employed by the latter.

8. The total cost of the periodic inspection shall be invoiced by the distributor or the installer through the gas marketing undertaking to the contract holder of the supply point. The marketing company will enter these amounts to the distributor, along with the monthly toll payment and the distributor will make the transfer to the appropriate installers.

No amount will be invoiced if the inspection is carried out on facilities that have already favorably passed the inspection process in the last four years.

9. In the event that anomalies are detected during the inspection, neither the undertaking nor the installer performing the inspection may proceed with the repair of the inspections.

Additional provision second. Commands.

Within the maximum period of three months from the entry into force of this royal decree, the following proposals will be submitted to the Ministry of Industry, Energy and Tourism:

(a) The System Technical Manager shall make a proposal for the development of Article 5.1 as regards the requirements of the single application and capacity contracting telematics platform.

(b) The National Commission on Markets and Competition will make a proposal for the development of Article 8 as regards capacity allocation procedures, as well as Article 11 as regards models standard of access contracts to the facilities of the gas system, and a proposal for the costs of inspection management of the gas installations in accordance with the provisions of paragraph 7 of the first provision.

(c) The Guaranty Manager and the System Technical Manager shall make a joint proposal in relation to the guarantee management process referred to in Article 33.4 for both the guarantees for the capacity of the infrastructure with third-party access regulated as for the guarantees of participation in the Organised Gas Market and the liquidation of imbalances.

Additional provision third. Sale of strategic stocks by the Petroleum Products Strategic Reserves Corporation.

Within six months from the entry into force of this royal decree, CORES will send to the Ministry of Industry, Energy and Tourism a sales plan for its surplus of strategic stocks and capacity reduction. storage to adapt to the volumes that are regulated to you.

Additional provision fourth. Procedures covered by Title II of Law 34/1998 of 7 October of the hydrocarbon sector.

Regarding procedures associated with exploration authorizations, research permits, and hydrocarbon exploitation concessions regulated in Law 34/1998, of 7 October, of the Hydrocarbons Sector, when be the responsibility of the General Administration of the State, the following rules shall apply to the following rules:

(a) Prior to the granting of a concession for the exploitation of hydrocarbons or storage, it will be necessary for the environmental body to have completed the environmental impact assessment procedure in the sense of favourable, in accordance with the rules applicable to it.

(b) The ownership of a research permit or a concession for the exploitation of hydrocarbons shall not exempt from the obligation to obtain the corresponding administrative authorisation for the execution of the associated works, respectively, to their research plan or general operating plan, when it is established by the current regulations or when they are subject to environmental impact assessment in accordance with the environmental rules of application. The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the approves the Regulation of the Law on Hydrocarbon Research and Exploration of 27 June 1974.

(c) Prior to the resolution of the authorisation file, the environmental impact assessment procedure shall have been resolved, where appropriate.

(d) Applications for the extension of operating concessions, subject to or under the arrangements laid down in Law 34/1998, of 7 October, the initial period of which is effective, as a result of the provisions of Article 30.2.6 of Royal Decree 2362/1976 of 30 July 1976, less than 30 years, may be made at any time prior to its expiry.

e) In any event, the calculation of the validity of the extension shall be made from the day following the expiration of the validity of the concession that was included in the initial grant.

(f) Within 15 working days after the accrual of the area fee referred to in Article 21 of Law 8/2015 of 21 May, amending Law No 34/1998 of 7 October of the year of the year of the year, of the (a) the oil sector, and for which certain tax and non-tax measures are regulated in relation to the exploration, investigation and exploitation of hydrocarbons, the Administration responsible for the granting of the exploration, research permits or operating concessions that have given rise to the accrual of the same, they shall notify the competent body for their collection.

Additional provision fifth. No increase in public spending.

The measures included in this rule may not result in an increase in appropriations or remuneration or other personnel costs.

First transient disposition. Entry into force of the provisions relating to standard capacity procurement products

1. Procurement by means of standard capacity products as defined in Article 6.1 shall start from 1 October 2016, except for international interconnections with Europe.

2. A deadline of 30 November 2016 is set for the adaptation to the standards of capacity of the contracted capacities through the current contracts of more than one year of duration and which will continue in force on 1 January of 2017. Until that date, the subject under contract of entry into force may waive their capacity reserve, in whole or in part and at no cost, except in international interconnections with the other European Union countries in which it will not be possible. give up the contracted capacity. After that period, the resulting contracts shall be considered as binding.

Second transient disposition. Transient capacity allocation procedure.

1. Until the entry into force of the capacity allocation procedures provided for in Title I, requests for access shall be settled by the operator of the facilities on the basis of the chronological order of formal reception of the facilities. a maximum of 24 hours from the receipt of the application, except in the cases referred to in paragraph 2 and 3 of this Article.

The response of the access request must attach the corresponding addendum to the access contract model, for signature by the applicant.

The applicant may sign the addendum to the access contract from the moment of acceptance of the access and to a maximum period of not less than 6 working days or the corresponding half of the period up to the start date of the service delivery requested.

2. Requests for access from consumers supplied under pressure above 4 bar that do not involve a change in marketer, including high supplies of new supplies and modifications of contracted capacity of existing supplies, will require the prior verification by the operator of the facilities that there is sufficient capacity and shall be resolved within a maximum of 7 calendar days from the receipt of the request. In the case of daily or intra-day capacity procurement, the prior check that there is sufficient capacity shall be carried out as quickly as possible and in no case longer than 24 hours.

3. For consumers supplied under pressure equal to or less than 4 bar and until the telematic platform referred to in Article 5.1 of this Royal Decree is available and the relevant regulatory provisions are adapted, the new capacity and the modification or low capacity contracted will be made directly with the distributor according to the procedures regulated in Royal Decree 1434/2002, of December 27.

4. The operators of the facilities shall have a telematic procedure for the application and procurement of capacity for compliance with this provision.

5. For the purposes of this provision, every day of the year, except Sundays and national holidays, shall be considered as working days.

Transitional provision third. Provisional remuneration of the Market Operator.

The remuneration of the Market Operator shall be due from the date on which the Organised Gas Market is in operation.

A provisional remuneration is recognised for the Operator of the Gas Organised Market until the approval of the transitional remuneration laid down in the second transitional provision of Law 8/2015 of 21 May 2015, Law 34/1998 of 7 October of the hydrocarbon sector is amended and certain tax and non-tax measures are regulated in relation to the exploration, investigation and exploitation of hydrocarbons.

Once the transitional remuneration provided for in the second transitional provision of Law 8/2015 of 21 May 2015 has been approved, the difference between the latter and the provisional remuneration payable to the account which has been received shall be settled. company.

For the year 2015, such provisional remuneration for account is set at EUR 2,000,000 to be paid by the settlement system in a single payment.

Transitional disposition fourth. Committee of Agents of the Gas Organized Market.

Within the maximum period of three months from the entry into force of this royal decree, the establishment of the Committee of Market Agents, referred to in Article 32, shall be carried out.

Transient disposition fifth. Enabling subjects to participate in the market.

While the System Technical Manager does not have a subject enablement procedure approved by the Technical Management Standard, a subject is understood to be enabled and can therefore acquire the condition of the Gas Organized Market agent, provided that at the time of request of the high is enabled to make notifications of transactions to the Technical Manager of the System.

Transitional disposition sixth. Remuneration of non-trunk primary transport facilities awarded prior to the entry into force of this royal decree.

Those non-trunk primary transport facilities awarded prior to the entry into force of this royal decree shall be remunerated in accordance with the methodology laid down in Law 18/2014 of 15 October, including set out in Annex XI 'Methodology for the calculation of remuneration for transport, regasification and basic storage activities'.

Transitional disposition seventh. Telematic means for the loading of periodic inspection certificates.

Within three months of the entry into force of this royal decree, the distribution companies will have to make available to the gas installation companies a telematics tool that will allow a secure exchange of the documentation associated with the inspection process.

Transient disposition octave. Periodic inspection fees for natural gas.

Until at the order of the Minister of Industry, Energy and Tourism, on a proposal from the National Commission of the Markets and the Competition, the management costs of the distribution company will be established, the remuneration will be considered for this purpose shall be EUR 12,8 per inspection carried out.

Until the competent bodies of the Autonomous Communities publish the expenses of the physical inspection that the distribution companies may charge for the conduct of the periodic inspections in the format established in Paragraph 3 of the first provision, the difference between the maximum fixed rate of periodic inspection in force and the management costs of the established distribution company, shall be considered as expenditure of the physical inspection. the maximum periodic inspection fees which have not been adapted to the new the scheme shall include, in any case, the two concepts of expenditure referred to in paragraph 7 of the first provision.

transient disposition ninth. Transitional arrangements in respect of the procedures laid down in Title II of Law 34/1998 of 7 October of the hydrocarbon sector.

The provisions of the fourth additional provision shall apply to the procedures that are in place for the entry into force of this royal decree.

Transient disposition tenth. Transitional arrangements for the maintenance of minimum stocks of liquid hydrocarbons.

Changes in the reference period for the calculation of the minimum stock maintenance obligations for liquid hydrocarbons due to the replacement of the mobile year by the calendar year, carried out in the Article 2.1 of Royal Decree 1716/2004 of 23 July, by means of this royal decree shall not apply until 1 April 2016.

Transient disposition eleventh. Hispanic-Portuguese dimension of the organized natural gas market.

The Spanish-Portuguese dimension of the organized market, and in particular the provisions of Article 18.3 of this royal decree, will not apply until the work and provisions of the Treaty are developed. International in which the gradual integration of both markets is contemplated in accordance with the conclusions of the XXVIII Hispanic-Lusa Summit.

Single repeal provision.

All rules of equal or lower rank are repealed as soon as they contradict or oppose the provisions of this royal decree, and in particular Articles 3, 4, 5, 6, 7, 8 and 9 of Royal Decree 949/2001 of 3 August, regulating third-party access to gas installations and establishing an integrated economic system for the natural gas sector.

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

Paragraph 3 is replaced and two new paragraphs 4 and 5 are added to Article 12 of Royal Decree 1434/2002 of 27 December, with the following wording:

" 3. For the purposes of Article 73.1 of Law No 34/1998 of 7 October 1998, they shall be regarded as connecting facilities, between the transmission and distribution network, all the facilities necessary for the proper functioning of the the connection located downstream of the bypass position of the transport pipeline. The connection facilities may be executed by the distributor and include, the station of regulation and/or measure, the land necessary for the installation of the connection and all those communications assets, protections, control, power supply, ancillary services and other elements enabling the continuous supply of gas to the distribution system under safety conditions.

The existing or new derivation position, or the modification of the position that allows the derivation to be distributed, will not be part of the connection installation, but will be part of the transport facility to which the distribution network is connected.

The bypass positions of a transportation pipeline are formed by valves, connections, vents, equipment, and accessories that allow the transportation-distribution connection to be vented, fed, and operated with. independence, safely and with continuity from each side of the line valve of the pipeline bypass position.

The actual investment costs incurred for the realization of the connection facilities, will be supported by the requesting distributor, as will the cost of the referral position, if not, or the amendment of the same, without prejudice to the holder of the position being the carrier, who in this case shall not be entitled to any remuneration for that investment. Also, the vendor will also be supported by the investment costs necessary to extend the saturated regulation and measurement stations owned by a carrier.

4. The provisions of this Article shall also apply to facilities for connection between primary transport and secondary transport facilities.

5. In the event of discrepancies in relation to the said connection, the actions produced to the National Commission of the Markets and the Competition may be increased, in order to resolve within two months, when the competition corresponds to the Administration General of the State, or, where appropriate, the competent authority of the relevant Autonomous Community to resolve within three months. '

Final disposition second. Amendment of Royal Decree 1716/2004 of 23 July, regulating the obligation to maintain minimum stocks of security, diversification of natural gas supply and the corporation of strategic reserves of products oil.

Royal Decree 1716/2004 of 23 July regulating the obligation to maintain minimum stocks of security, diversification of natural gas supply and the corporation of strategic reserves of Petroleum products are amended as follows:

One. A new Article 1a is added which will have the following wording:

" Article 1a. Definitions.

For the purposes of the current royal decree, the following terms are defined:

1. "Reference year": The calendar year of the consumption data or net imports used to calculate the level of minimum security stocks to be maintained or the level of stocks effectively maintained at a given time.

2. "Internal consumption": The aggregate corresponding to the total, calculated in accordance with Annex II, of the quantities supplied in the country for the set of energy and non-energy uses; this aggregate includes supplies to the processing sector and supplies to transport, to industry, households and other sectors for final consumption; it also includes the own consumption of the energy sector (except refinery fuel).

3. "Effective international reserve mobilization decision": Any decision in force of the Board of Directors of the International Energy Agency in order to allow crude oil or petroleum products they reach the market by mobilising the reserves of their members or by means of additional measures.

4. "Serious supply disruption": The significant and sudden decline in the supply of crude oil or petroleum products from the European Union or a Member State, whether or not there is a an effective international decision to mobilise security stocks or stocks.

5. "Physical Accessibility": The provisions for locating and transporting security stocks to ensure their distribution or effective delivery to end users and markets within deadlines and under conditions to alleviate the supply problems that may have arisen. "

Two. Article 2 (1) is worded as follows:

" 1. In accordance with the provisions of Article 50 of Law 34/1998 of 7 October 1998 on the hydrocarbon sector, the obligation to maintain minimum stocks which must be maintained at all times by the persons involved in the sector of the Petroleum, referred to in Article 7 of this royal decree, is fixed in 92 days of its sales or consumption in the previous calendar year.

In the case of liquefied petroleum gases, these minimum stocks are set within 20 days of their sales or consumption in the previous calendar year.

Notwithstanding the foregoing paragraphs, for the calculation of the minimum stock maintenance obligation during the first quarter of the period from 1 January to 31 March of each year, the sales or consumption during the penultimate calendar year of the year in which the obligation is calculated. '

Three. Article 5 (1), which shall be amended as follows, shall be amended as follows:

" 1. The persons required to maintain minimum security stocks of petroleum products, including liquefied petroleum gases, as provided for in Article 50 of Law 34/1998 of 7 October, and those other than those without maintaining them. Stocks of hydrocarbons by reason of their activity shall facilitate the Ministry of Industry, Energy and Tourism, the National Commission of the Markets and the Competition and the Corporation of Strategic Reserves of Petroleum Products information, in the form and with the periodicity to be determined, in order to obtain an accurate assessment of the movements of the products of each individual, oil and/or petroleum products by import, intra-Community trade or domestic purchase, quantities and destinations of sales to the internal market by distribution channels and sectors for consumption, exports of petroleum products, other outlets, levels and changes in stocks and any other that is deemed necessary for the same purposes. '

Four. Article 7 shall be worded as follows:

" Article 7. Subject to the maintenance of minimum safety stocks of liquid hydrocarbons.

In accordance with Article 50 of Law 34/1998 of 7 October of the Hydrocarbons Sector, they are obliged to maintain, at all times, minimum stocks of security of petroleum products in the amount of determined in Article 2.1 of this royal decree:

(a) The wholesale operators of petroleum products, regulated in Article 42 of Law 34/1998 of 7 October, for their annual sales on the domestic market, excluding sales and/or consumption to other operators by major.

(b) Companies that develop a retail distribution activity of petroleum products, as regulated in Article 43 of Law 34/1998 of 7 October, on the part of their annual sales and/or consumption on the domestic market not provided by the wholesale operators, as regulated in Article 42 of that law, or by other retail distributors.

(c) Consumers of petroleum products, on the part of their annual consumption not provided by wholesale operators regulated by Article 42 of Law 34/1998 of 7 October, or by companies developing a the retail distribution of petroleum products, as regulated in Article 43 of that law. "

Five. Article 9 (3) and (4) shall be amended as follows:

" 3. For the purposes of calculating the minimum security stocks to be used for compliance with the obligation laid down in the preceding Articles, stocks in the form of crude oil, raw materials and semi-refined products shall be net accounts of their content in naphthas, so they shall be subject to a 4% reduction in the total stocks, without prejudice to the provisions laid down in Annex I.

In addition, only 90 percent of the stocks in each product group and crude and semi-refined products may be counted as minimum security stocks.

4. The Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism is empowered to establish or modify, with the necessary periodicity and when technical reasons or international commitments so advise or prior to a reasoned request from the undertakings holding the refineries concerned, the value of the equivalence coefficients and the percentages to be calculated in paragraphs 2 and 3 above. In the fixing of the percentages in paragraph 2, the provisions of Article 14 (9) of this royal decree shall be laid down. "

Six. Article 10 (1) and (4) are amended and a new paragraph 5 is added to it, in accordance with the following wording:

" 1. In compliance with the obligation of minimum security stocks of petroleum products, such quantities may be computed as such that, being the property of the subject or being at full disposal under contracts of lease, are intended for consumption on national territory, provided that the aforementioned lease agreements have been previously submitted to the Corporation. In addition, in the case of lease contracts, the associated volumes may not be transferred or leased to third parties in any way.

For the purposes of calculating minimum security stocks, they will have this consideration:

(a) Those contained on board oil tankers, including butaners, which are in port pending discharge, once the port formalities have been completed.

b) Stored in the download ports.

c) Those contained in the deposits and spheres of the refineries.

d) Those contained in deposits at the entrance of the pipelines.

e) Existing in the deposits and spheres of operators authorised for wholesale distribution, in the storage or import companies, and in those of the retail dealers and distributors.

f) The existing ones in the deposits of the great consumers. For these purposes, a large consumer shall be understood to consume more than 10,000 metric tons per year of petroleum products or 500 metric tons per year in the case of liquefied petroleum gases.

(g) Existing barges and ships in cabotage traffic during transport within national borders, provided that the Administration can exercise its control and dispose of them without delay.

h) Crude oil or petroleum products stored in an underground storage exploitation concession.

In any case, the facilities in which petroleum products are stored, which can be used for the purposes of minimum security stocks, must be included in the corresponding public administration records. competent. "

(...)

4. The minimum safety stocks must be stored in any of the systems described in paragraph 1 of this Article and in such a way that they can be taken on a continuous basis over a period of 92 days in the case of products. liquid and 20-day oil in the case of liquefied petroleum gases. They shall also ensure the availability and physical accessibility of the same in order to allow verification at any time.

In any case, the Corporation, by means of the control procedures referred to in Articles 37 and 38 of this royal decree, shall ensure the enabling of the appropriate procedures for identification, accounting and control of the same in order to allow verification at any time, even where such stocks are mixed with other stocks which do not have the consideration of minimum safety stocks.

Annually, the Corporation will submit a report to the Ministry of Industry, Energy and Tourism in which it details the actions of control developed, with special attention to the verification of its availability and accessibility physical, making any recommendations that you consider relevant.

5. For the purposes of verifying the country-level compliance of international obligations, the average daily internal consumption to be taken into account shall be calculated on the basis of the crude oil equivalent of domestic consumption during the year. natural precedent, established and calculated in accordance with the modalities and method set out in Annex II.

Where applicable, average daily net imports to be taken into account shall be calculated on the basis of crude oil equivalent of the daily imports during the preceding calendar year, established according to the modalities and method set out in Annex I.

During the period from 1 January to 31 March of each year, the daily average domestic consumption and net imports referred to in the two preceding paragraphs shall be determined on the basis of the quantities consumed or imported, respectively, during the penultimate year preceding the calendar year in question.

In any case, no amount can be counted several times as a reserve and will not include the reserves of naphtha or the reserves of petroleum products for international ship bunkers. Of the crude oil reserves, 4 percent of the average naphtha yield is deducted.

In addition, any of the following methods applicable to the calculation of the stock level may be chosen. The method of calculation shall be maintained throughout the year in question:

(a) include all other stocks of petroleum products listed in point 3.1 of Annex C to Regulation (EC) No 1099/2008 of the European Parliament and of the Council concerning energy statistics, with regard to the application of updates for monthly and annual energy statistics, and determine its crude oil equivalent by multiplying the quantities by 1,065.

(b) include stocks exclusively of the following products: automotive gasoline, aviation gasoline, gasoline-type fuel for retropropulsion aircraft (naphtha-type fuel for retropropulsion aircraft or JP4), kerosene-type fuel for retropropulsion aircraft, other kerosene, diesel fuel/diesel fuel (distilled fuel oil), fuel oil (both low and high sulphur), and determine its crude oil equivalent by multiplying the amounts by factor 1,2.

In no case can the quantities of crude oil or petroleum products subject to embargo or execution measures, as well as the stocks of companies in the country, be counted as minimum security stocks. the procedure for bankruptcy or bankruptcy proceedings, without prejudice to the fact that, in the latter case and provided that the person concerned is not entitled to be available on the same, such quantities should be considered for the purposes of the national obligation on the part of the individual concerned. In the sales audit referred to in Article 5 of this Royal Decree, the auditor shall certify, under his responsibility, the volumes of security stocks of the subject bound by the audit of sales that are In addition to the circumstance of being or not being held liable in a situation of competition of creditors.

The Corporation shall, without prejudice to its other functions, draw up the statistical relations referred to in Annex III. "

Seven. Article 11 shall be amended as follows:

" Article 11. Minimum stocks of security of petroleum products outside the Spanish territory.

1. The Minister of Industry, Energy and Tourism is empowered to authorize compliance with the obligation to maintain minimum stocks, including strategic ones, of petroleum products to the obligated subjects and to the Reserve Corporation. Petroleum Products Strategic, if any, with crude and products stored on its own in another Member State of the European Union, provided that, as a precondition, there is an intergovernmental agreement with that State which ensure the maintenance of the conditions of competition and ensure the availability of stocks for the purposes referred to in Article 49 of Law 34/1998 of 7 October, and provided that it does not prejudice the security of national supply. It may also amend the amount of the percentages referred to in the following paragraphs of this Article.

The percentage of minimum security stocks that the subject must store in other Member States of the European Union may not exceed 40% of the total minimum security stocks at any time. that subject must be held to maintain by virtue of the legislation in force.

If the amount of minimum security stocks located in other Member States of the European Union by all the required subjects exceeds 15% at national level, it will be mandatory for the European Union. authorisation of the maintenance of additional amounts of minimum security reserves outside the Spanish territory of the Strategic Reserves Corporation which considers the impact on security of supply.

As set out in the preceding paragraphs, it applies both to existing stocks stored in other Member States of the European Union and to stocks at their disposal under lease contracts. subscribed with Central Storage Entities or economic operators of other Member States for stocks located in their territories, which may not be transferred or leased to third parties in any way.

2. The obliged subjects of other Member States of the European Union may comply with the obligations of maintaining emergency reserves that have been imposed on them with crude and/or products stored in Spain, always such an operation is previously authorised by both States, whether or not there is an intergovernmental agreement between them.

The Minister of Industry, Energy and Tourism, with the agreement of the Delegation of the Government for Economic Affairs, will determine the modalities, the procedure and the general application requirements for prior authorization of such a cover operation in cases where there is no intergovernmental agreement with that State.

However, where such an agreement already exists or is subsequently concluded, it will be in the same way as it will replace the previous procedure for that State in question.

3. The obligors of non-EU States may comply with the obligations imposed on them with crude oil and/or products stored in Spain prior to the intergovernmental agreement.

4. In the case of Member States of the European Union or its Central Storage Entities, when they wish to have part of their emergency reserves held for a period determined by the Corporation, the provisions of the Article 14 only. The said Corporation may also request, on a timely basis, other Central Storage Entities of Member States to maintain part of their strategic stocks.

5. Institutions which maintain stocks in national territory in favour of foreign nationals, irrespective of whether or not they are subject to an obligation in Spain, must forward to the Corporation, before the 20th of each month, a list of stocks stored in Spain on the last day of the preceding calendar month, broken down by product category and location in storage facility. With the same periodicity, the Corporation will forward to the National Commission of the Markets and the Competition this information by grouping together in a single document the relations sent by each subject.

6. In the event of an effective international decision to mobilise reserves or serious interruption of supply, the Competent Authorities shall refrain from taking any measure that would impede the transfer, use or distribution of the reserves. of emergency and the specific reserves stored in national territory on behalf of another State. Similarly, it is prohibited for any other entity to take similar measures, without prejudice to the remaining clauses that would have been agreed between the parties. "

Eight. Article 14 is worded as follows:

" Article 14. Strategic stocks of liquid hydrocarbons.

1. The consideration of strategic stocks of liquid hydrocarbons shall be the part of the minimum security stocks that are incorporated, maintained and managed by the Strategic Petroleum Reserve Corporation.

2. Strategic stocks shall be constituted which shall count in favour of each of the subjects required for at least 42 days of the total of their minimum security stock obligation for each group of petroleum products, excluding gases. liquefied petroleum products, sold or consumed in the national territory. The Minister for Industry, Energy and Tourism may amend the number of days referred to in this paragraph and the previous one in the light of developments in the market and the availability of storage infrastructures by the Petroleum Products Strategic Reserves Corporation.

3. The Corporation shall avoid disposing of stocks or excess capacity, once the mandatory minimum days have been established and the requests relating to paragraphs 4 and 5 of this Article have been met.

4. Subject to the maintenance of minimum security stocks referred to in Article 7, they may apply to the Corporation for Strategic Petroleum Products Reserves, the extension of the strategic stocks constituted in your favour, up to a maximum amount equivalent to all of your minimum security stock maintenance obligations.

In the event that the Corporation has sufficient capacity, the applicant shall be allocated additional volumes of stocks, applying the preference criteria set out in paragraph 6 of this Article. Article.

5. Subject to the maintenance of minimum security stocks referred to in Article 7, which opt for the alternative set out in the previous paragraph, they shall make the corresponding application to the Corporation within the time limits. and a form that it determines, indicating both the additional coverage of the minimum established, where applicable, and the corresponding period, which they wish to be maintained by the Corporation. Applications shall be communicated before 30 June of the year preceding the year on which the additional coverage is requested.

The Corporation shall decide on the requests received within the maximum period of 5 months, in accordance with the principles of transparency, objectivity and non-discrimination, without prejudice to paragraph 6, determining the coverage of additional days corresponding to each applicant as well as the periods of such coverage. The General Directorate of Energy Policy and Mines, on a proposal from the Corporation, will approve the corresponding contract models.

6. In cases where the capacity requested by the total number of subjects in accordance with paragraph 4 exceeds the storage and stock capacity available to the Corporation, the capacity allocation shall be allocated in accordance with the next priority:

(a) Applications made by all subjects required for the maintenance of minimum security stocks referred to in Article 7 up to a maximum of 2 days on the minimum laid down in paragraph 2 of this Article Article.

(b) Requests made by the bound subjects referred to in paragraphs b and c of Article 7 of this royal decree, in turn, with the following order of priority:

1. No subjects which do not reach a volume of imports of 0,5% of the total volume of each group of petroleum products, sold or consumed on the national territory during the period referred to in the Article 2.1.

2. No Subjects that are not included in the item immediately above.

(c) Applications made by individual subjects, or belonging to business groups, not included in paragraph b above, without refining capacity in the Spanish territory or in any other Member State of the Union European with the signing of an intergovernmental agreement in the terms of Article 11 of this royal decree, in turn, with the following order of priority:

1. No subjects that do not reach a volume of sales or consumption of 0.5 percent of the total volume of each group of petroleum products, sold or consumed in the national territory during the period to which the Article 2.1.

2. No Subjects that are not included in the item immediately above.

(d) Applications made by individual subjects, or belonging to a business group without refining capacity in the Spanish territory but with refining capacity in any other Member State of the European Union with which has signed an intergovernmental agreement in the terms of Article 11 of this royal decree.

e) Applications made by subjects belonging to business groups with refining capacity in the Spanish territory.

In cases where the available capacity is not sufficient to satisfy all requests from the same group as set out in the above criteria, such a distribution shall be performed on the same number of days. available for all requests from that group.

In the event that any reductions in the storage capacity or stock available by the Strategic Petroleum Reserve Corporation of Petroleum Products were produced, the reduction will be attributed to the applying the above criteria in reverse order.

7. In cases where the total capacity requested in accordance with paragraph 4 does not exceed the storage and stock capacity available to the Corporation, and that the Corporation has spare capacity, it may assign it to applications made, for periods determined, by other Member States of the European Union or its Central Storage Entities, even if there is no agreement with that State or by a Member State of the Agency International Energy with which the corresponding international agreement has been concluded, or by the the agency constituted by that state for the maintenance of hydrocarbon safety reserves.

Such allocation shall be made for a duration such that it does not affect the commitments that the Corporation has acquired or acquires with the subjects required for the maintenance of minimum security stocks referred to in the Article 7.

In cases where the available capacity is not sufficient to satisfy all requests made by the States, Central Storage Entities or Agencies referred to in this paragraph, the Corporation establish an objective, transparent and non-discriminatory delivery mechanism.

8. There shall be no strategic stocks within the minimum safety stocks corresponding to liquefied petroleum gases.

9. In the form of strategic stocks of petroleum products, the Corporation shall take appropriate measures to ensure that at least one third of the total minimum security stocks are maintained in the form of the products, as referred to in Article 9, provided that the crude oil equivalent of the quantities consumed amounts to at least 75% of the domestic consumption, calculated by the method set out in Annex II.

The crude oil equivalents referred to in the preceding paragraph shall be calculated by multiplying by a factor of 1,2 the sum of the total of the "observed gross domestic supplies" as defined in Annex C 3.2.1 of Regulation (EC) No 1099/2008, for products falling within the categories used without including international ship bunkers in the calculation.

The Corporation will annually submit a report to the Ministry of Industry, Energy and Tourism on compliance with the obligation relating to this paragraph.

10. The Corporation shall publish on a permanent basis a complete information, by product category, on the volumes and duration of reserves whose maintenance may be guaranteed to economic operators, or, where appropriate, to central banks. interested storage. "

Nine. Article 26 (1) is amended in accordance with the following:

" 1. The quotas referred to in paragraphs 1 and 2 of the previous Article shall be approved for each calendar year by order of the Minister for Industry, Energy and Tourism.

To this end, the Strategic Petroleum Reserve Corporation will draft a proposal that will be accompanied by a comprehensive budget of the revenues and expenses foreseen for the corresponding financial year and the criteria applied for determining the amount of unit quotas as well as a strategic and operational plan for the following five and two calendar years, respectively, in which they are detailed in the manner in which they fulfil their functions in a manner effective and efficient.

Once the annual quotas have been approved, the Strategic Reserves Corporation may request the modification of the annual quotas up or down to a maximum of 5 percent, to the General Directorate of Energy Policy and Mines, providing the supporting documentation of the application. "

Ten. Article 32 is amended as

:

" The operations of purchase, sale, swap, lease, and storage of strategic reserves will be adjusted to standard contracts, the models of which will be approved by the Ministry of Energy Policy and Mines. Industry, Energy and Tourism. "

Once. Article 39 (1) and (2) shall be amended as follows:

" 1. The Council of Ministers, by agreement, in a situation of shortage of supply of petroleum products, including an effective international decision to mobilise reserves, may order the submission of minimum security stocks, including the strategic ones, to an intervention regime under the direct control of the Corporation of Strategic Reserves of Petroleum Products, in order to induce the most appropriate use of the available resources, as provided in the article 49 of Law 34/1998 of 7 October, being able to establish the use or final destination of the minimum security stocks, including strategic stocks, prepared for consumption or processing, provided that this is necessary to ensure supply to consumer centres that are considered to be a priority.

You may also adopt in the field, with the duration and exceptions to be determined, among others, some or some of the measures referred to in Article 49.2 of Law 34/1998, of 7 October:

In the case of mobilisation of minimum security stocks under an effective international reserve mobilisation decision, the European Commission as well as the International Agency of the European Union will be informed immediately. Energy. In the event of a serious supply disruption but which does not involve an effective international reserve mobilisation decision, authorisation from the European Commission shall be sought.

However, minimum safety stocks may be mobilised below the mandatory minimum level laid down in quantities immediately necessary to give an initial response in cases of special urgency or with the aim of addressing local crises. In the event of such mobilisation, the Commission shall be informed immediately of the amount mobilised.

As appropriate, a reasonable timetable for the replenishment of the level of minimum security stocks will be established in coordination with the European Commission and the International Energy Agency.

2. The Minister of Industry, Energy and Tourism, on a proposal from the Corporation of Strategic Petroleum Products Reserves, will develop general rules or plans of implementation in case of crisis in the supply of petroleum products or specific supply problems, which may include the disposal or disposal of strategic stocks as well as the organisational measures necessary to ensure the practical implementation of such plans. Upon request of the European Commission, the European Commission shall be informed immediately of such intervention plans and the corresponding organisational measures.

The strategic stocks for which the provision of this provision shall be made available at market prices to those subject to the maintenance of minimum stocks for consumption. "

Twelve. The third final provision shall be amended as follows:

" Final Disposition Third. Development and modification powers

The Minister of Industry, Energy and Tourism is hereby authorized to dictate how many provisions are necessary for the development and implementation of this royal decree.

The Minister of Industry, Energy and Tourism is hereby enabled to amend the contents of Annexes I, II and III to this royal decree as well as the provisions of Article 10.5 where it is necessary to adjust these provisions to the European or international regulations "

Thirteen. The following Annexes I, II and III are added, while the pre-existing Annex is reordered as ' Annex IV. Statutes of the Petroleum Products Strategic Reserves Corporation ":

" ANNEX I

Method of calculation of crude oil equivalent of petroleum product imports

The crude oil equivalent of imports of petroleum products, for the purposes of Council Directive 2009 /119/EC of 14 September 2009 requiring Member States to maintain a level of oil minimum reserves of crude oil or petroleum products, it should be calculated by the following method:

The crude oil equivalent of imports of petroleum products is obtained by adding the net imports of the following products: crude oil, refinery raw materials, other hydrocarbons, such as are defined in point 4 of Annex B to Regulation (EC) No 1099/2008, adjusted to take account of possible stock changes, by deducting 4% by concept of naphtha yield or, if the average yield of naphtha in the national territory exceeds 7 per cent, deducting net cash consumption of naphtha or the average naphtha yield and adding net imports of all other petroleum products except for naphtha, also adjusted to take into consideration stock variations and multiplied by 1,065.

International ship bunkers are not included in the calculation.

ANNEX II

Method of calculation of the crude oil equivalent of internal consumption

The crude oil equivalent of the consumption should be calculated by the following method:

The internal consumption in question is determined by adding the total of "observed gross domestic supplies" as defined in point 3.2.1 of Annex C to Regulation (EC) No 1099/2008 exclusively of the products following: automotive gasoline, aviation gasoline, gasoline-type fuel for retropropulsion aircraft (naphtha-type fuel for retropropulsion aircraft or JP4), kerosene-type fuel for retropropulsion aircraft, other kerosene, diesel/diesel fuel (distilled fuel oil), fuel oil (both low and high sulphur content), as defined in point 4 of Annex B to Regulation (EC) No 1099/2008.

International ship bunkers are not included in the calculation.

The crude oil equivalent of domestic consumption is calculated by applying a multiplier coefficient of 1,2.

ANNEX III

Rules for drawing up and transmitting to the Commission the statistical relations on the level of stocks to be stored under Article 5

The Directorate-General for Energy Policy and Mines shall transmit monthly to the relevant international bodies a definitive statistical ratio of the level of minimum security stocks maintained in a manner effective on the last day of each calendar month, calculated on the basis of a number of days of net oil imports or on the basis of a number of days of domestic oil consumption, according to the criterion chosen under the Article 10.5. The ratio shall specify the reasons for which the basis of calculation is a number of days of imports or, where appropriate, a number of days of consumption, and the method referred to in that Article 10 (5) shall be indicated. used for the calculation of the reserves.

If some of the stocks included are stored outside the national territory, in each ratio the reserves stored by each Member State and central storage entity shall be specified in detail. question on the last day of the period to which the relationship relates. It shall also be indicated in each case where stocks are stored under a delegation made by one or more economic operators or the Corporation. As regards all stocks held on national territory in favour of other Member States or central storage entities, a list of existing stocks shall be transmitted to the Commission on the last day of each month. natural, by product category. In this connection, the Member State should indicate in each case the name of the Member State or the central storage entity concerned, as well as the corresponding amounts.

In any event, the transmission to the European Commission of the statistical relations referred to in this Annex should be carried out within 55 days of the end of the month to which the relationship relates. Such statistical relations should also be sent within two months at the request of the Commission. Such requests may be submitted within a period of five years from the date on which the data relate. "

Final disposition third. Amendment of Royal Decree 919/2006 of 28 July approving the technical regulation for the distribution and use of gaseous fuels and their complementary technical instructions ICG 01 A 11.

Royal Decree 919/2006 of 28 July approving the technical regulation for the distribution and use of gaseous fuels and their complementary technical instructions ICG 01 A 11 is amended as follows:

One. The third paragraph of Article 7.2 of the Technical Regulation on the distribution and use of gaseous fuels is read as follows:

"In any case, the holder or user, as the case may be, shall have the right to freely choose the company responsible for conducting the periodic control and the adjustments resulting from the process of such control."

Two. Article 7.2.1 of the Technical Regulation on the distribution and use of gaseous fuels is worded as follows:

" 7.2.1 Regular inspections. -Regular inspections of receiving facilities fed from distribution networks by pipeline, in accordance with Law 34/1998 of 7 October, of the hydrocarbon sector, must be made by a gas-installed company or by the distributor, using either own or external means.

The periodic inspection of the common part of the receiving facilities must be carried out by a gas-installed company or by the distributor, using either own or external means. "

Three. The following paragraph is added at the end of paragraph 6.2 of the ITC-ICG 03 Storage facilities for liquefied petroleum gases (LPG) in fixed tanks:

" Similarly, wholesale LPG operators should require any LPG marketer and the holders of all facilities to be supplied with, the supporting documentation that their Installations comply with the current regulations. "

Four. The last paragraph of paragraph 3.5.1 of the ITC-ICG 07 'Gas fuel receiving facilities' is amended as follows:

" In the reopening of installations after a contract resolution, which will enter back into service after a period of supply disruption of more than one year, it will be performed in the same way as in the new facilities. The distribution company will verify the existence of the certificate of the individual installation, proceeding to verify, to issue and to file the certificate of previous tests and to put in place service as indicated in the ITC. "

Five. The first, fifth and eighth subparagraph of paragraph 4.1 of the ITC-ICG 07 'Gas fuel receiving facilities' are amended, and are worded as follows:

4.1 Regular inspections of receiving facilities fed from distribution networks. -Every five years, and within the natural year of expiration of this period from the date of entry into service of the installation or, where appropriate, since the last periodic inspection, the gas-installed undertakings or the distributors of fuel gases by pipeline shall carry out an inspection of the user's receiving facilities, which shall be passed on to the user. cost of the same as, if the inspection is carried out by the distributor, may exceed the regulated costs and taking into account the following:

(...)

Additionally, gas-installed companies or distributors whose facilities are connected to the individual receiving facilities of the users will be able to inspect the common part of the Five years on the same basis.

(...)

In any case, it will be required that the personnel performing the inspection be gas-enabled installer in the terms set forth in the ITC-ICG 09. "

Six. Section 4.1.1 of the ITC-ICG 07 "Gas fuel receiving facilities" is read as follows:

" 4.1.1 General procedure for action.

(a) The distributor must inform the users, at a time of three months, of the obligation that the inspection must be carried out at the time of the inspection, and may be carried out by an installed installation company or the same.

b) Inspection shall be performed by:

b.1 In the case of a gas-installed utility, by installers category A, B or C for individual installations, and installers categories A or B for common facilities.

b.2 In the case of a distribution company, by own personnel or hired by the distributor. Both the staff employed and their own staff must have the corresponding ratings as referred to in paragraph b.1 or be duly certified for this activity by an accredited entity for the certification of persons, Royal Decree 2200/1995 of 28 December 1995. In addition, the contract staff must act within an established facility.

c) General procedure of action performed by gas-enabled installer:

c.1. If by choice of the customer, the gas-enabled installation company performs the inspection with favorable result, it will issue the corresponding certificate of inspection, giving a copy to the owner of the installation, referring another copy to the The distribution company by the means to be determined shall also keep another copy in its possession. The certificate must be signed by the installer enabled and with the stamp of the responsible installation company.

c.2. If the installation company performs the inspection, and failures are detected, the inspection will proceed as follows:

The failure report shall be transmitted to the distribution company, indicating the maximum period of correction of the anomalies, and a copy shall be given to the operator of the installation, not being able to repair the failures the same company or installer to perform the inspection. When the anomalies are resolved, the corresponding certificate shall be issued, giving a copy to the operator at the end of the inspection, sending another copy to the distributor by the means to be determined for the purpose, keep another copy in your power.

(d) General procedure of action carried out by a distribution company.

d.1. If the distribution company carries out the inspection by choice of the customer, it shall notify it at least 5 days in advance, the date of the inspection visit and request that access to the facility be provided on the day indicated.

If the result is favorable, the corresponding certificate of inspection will be issued by giving a copy to the holder and keeping a copy in its possession.

If anomalies are detected at the end of the inspection, the corresponding anomaly report shall be delivered, indicating the time of correction of the anomalies, and the failure to repair the anomalies by the same company or installer. When the failures are resolved, the corresponding certificate of inspection will be issued, giving one copy to the holder and keeping another one in its possession.

d.2. If the distributor does not receive the periodic inspection certificate of the facilities at the time limit indicated in the distributor's communication, the operator shall be deemed to want the inspection to be carried out by the distributor himself. distributor, who shall communicate the date and time of the inspection at least five days in advance.

e) In the event that it is the distribution company that carries out the inspection, if it is not possible to carry out the inspection because the user is absent, the distributor will notify the user of the date of a second visit.

f) In the event that anomalies are detected in the UNE 60670 or UNE 60620 standard, as appropriate, a failure report shall be completed and delivered to the user, including the minimum data indicated in the Annex to this JTI. These failures must be corrected by the user.

In the event that a main anomaly is detected, if it cannot be corrected at the same time, the gas supply must be interrupted and the part of the relevant installation or the affected apparatus shall be sealed, as proceed. For these purposes, the main anomalies are those contained in the UNE 60670 or UNE 60620 standard, as appropriate. All leaks detected in gas installations will be considered as the main anomaly.

In the case of failures of stagnity considered secondary anomalies, a period of fifteen working days shall be given for its correction. For these purposes, secondary anomalies are those contained in the UNE 60670 or UNE 60620 standard, as appropriate.

(g) The distributor shall have a permanently updated database containing, among other information, the date of the last inspection of the receiving facilities and the result thereof, preserving the information for ten years. The whole system shall be able to be consulted by the competent authority of the Autonomous Community, where appropriate.

(h) The operator, or failing that, the user, is responsible for the correction of the anomalies detected in the installation, including the buried inside connection, and in the gas appliances, using the services of a gas-enabled installer or a technical service as appropriate, which shall provide the user with a failure correction justification according to the model included in the Annex to this ITC, and send a copy to the distributor.

i) When the installed installation company has solved the main anomalies caused by the installation seal, it will be able to proceed to the unsealed and to leave the installation in operation, communicate it to the Distributor by submitting the corresponding certificate of cure. "

Seven. The 'common installation inspection certificate, individual installation of gas and appliances' included in the Annex to the ITC-ICG 07 'Gas fuel receiving facilities' is replaced by the following:

" CERTIFICATE OF INSPECTION OF COMMON INSTALLATION, INDIVIDUAL INSTALLATION OF GAS AND APPLIANCES (periodic inspection of facilities fed from distribution networks).

You must contain the following information:

• User and installation data:

-Supply point identification code for natural gas installations.

-The policy number for LPG installations.

-User name.

-Address.

-Distributor.

-Supplier.

-Type of gas.

• Enterprise data enabled (install/distributor company) and authorized person and operations performed:

-Social reason and NIF of the distribution company.

-Name of the installer.

-DNI or NIE (or, failing that, passport number).

-The type of the installer's enablement and category.

-Company's social and NIF reason enabled.

-Entity type and category.

• Other data:

-Date of report.

-Situation where the installation is left.

-Signature of the installer and stamp of the installer or distributor, as appropriate.

-Signature of the customer or representative. "

Eight. The report of inspection failures of common installation, individual installation of gas and appliances, being worded as follows:

" REPORT OF ANOMALIES IN COMMON INSTALLATION INSPECTION, INDIVIDUAL INSTALLATION OF GAS AND APPLIANCES (periodic inspection of facilities fed from distribution networks)

You must contain the following information:

• User and installation data:

-Supply point identification code for natural gas installations.

-The policy number for LPG installations.

-User name.

-Address.

-Distributor.

-Supplier.

-Type of gas.

• Enterprise data enabled (install/distributor company) and authorized person and operations performed:

-Social reason and NIF of the distribution company.

-Name of the installer.

-DNI or NIE (or, failing that, passport number).

-The type of the installer's enablement and category.

-Company's social and NIF reason enabled.

-Entity type and category.

• Other data:

-Date of report.

-Situation where the installation is left.

-Signature of the installer and stamp of the installer or distributor, as appropriate.

-Signature of the customer or representative. "

Nine. The penultimate paragraph of paragraph 2.1.1 of the ITC-ICG 09 'Gas installers and installers' is amended as follows:

"Inspection of receiving facilities fed from distribution networks, in accordance with the conditions set out in 4.1.1 of the ITC-ICG 07."

Ten. A paragraph is added in paragraph 2.2 of the ITC-ICG 09 'gas installers and installers' corresponding to an activity which can be performed by the Category B Gas Installer, being worded as follows:

"Appliances to gas family change."

Once. Paragraph j is amended and two paragraphs (k) and (l) are added to paragraph 3.12 of the ITC-ICG 09 'Installers and gas installers':

" (j) Maintain a record of the certificates issued and, where appropriate, of the reports of anomalies issued, at the disposal of the competent bodies of the Autonomous Communities.

k) Maintain a record of failure reports issued in periodic controls, at the disposal of gas distribution companies or LPG marketers, as appropriate.

l) Perform inspections of the receiving facilities in accordance with a procedure previously established by the installed facility itself. "

Final disposition fourth. Competence title.

This royal decree is issued under the jurisdiction of the State in Article 149.1.13. and the 25th of the Spanish Constitution, which attributes to the State the exclusive competence to determine the bases and coordination of the overall planning of the economic activity and the bases of the energy regime, respectively.

Final disposition fifth. Regulatory enablement.

The Minister of Industry, Energy and Tourism is authorized to dictate the provisions that are necessary for the development and implementation of the provisions of this royal decree.

Final disposition sixth. 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 October 30, 2015.

FELIPE R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ

ANNEX

List of standard capacity hiring services

With the standard procurement periods defined in Article 6.1 of this Royal Decree, the following services may be offered:

1. Underground storage.

a) Natural Gas Storage Service: Includes the right to the use of the facilities necessary for the storage of the gas.

b) Injection service: Includes the right to use the facilities necessary to enter the gas from the point of connection with the transport network to the underground storage.

c) Extraction service: Includes the right to use the facilities necessary to extract gas from the underground storage gas and to introduce it into the transport network.

2. Regasification plants:

a) Ship Download: Includes the right to use the facilities required for the discharge of LNG from a vessel to the regasification plant.

b) Regasification: Includes the right to the use of the facilities necessary for the regasification of LNG.

c) LNG storage: Includes the right to the use of the necessary facilities for the storage of LNG in regasification plants.

d) Cargo of tanks: Includes the right to the use of the necessary facilities for loading in LNG tankers.

e) LNG cargo to ship: Includes the right to the use of the facilities necessary for the loading of LNG into a ship from a regasification plant.

f) Ship-to-ship LNG transfer: Includes the right to the use of the facilities required for the LNG cargo of a ship to another vessel.

g) Cold vessel: Includes the right to the use of the facilities to perform the necessary operations so that the tanker can receive LNG from liquefaction or regasification plants under the conditions of appropriate security.

h) LNG Bunkering: Includes the use of facilities to perform bunkering operations on regasification plants.

3. Balance Virtual Point:

a) Access to the Balance Virtual Point from the transport network: Includes the right to the use of the necessary facilities for the transport of the gas from the point of entry to the transport network to the virtual point of balance.

b) Access to the Balance Virtual Point from the distribution network: Includes the right to use the facilities necessary for the transportation of the gas from the point of entry to the distribution network to the virtual point of balance. This service is limited to biogas plants that inject into the distribution network.

c) Storage at the Balance Virtual Point: Includes the right to use the facilities required for gas storage at the virtual point of balance.

d) Output of the Balance Virtual Point by an international connection: It includes the right to the gas transport service from the point of the system's balance to its delivery in an international interconnection. This service shall be governed by the provisions of Commission Regulation (EU) No 984/2013 of 14 October 2013 and by the implementing and development rules issued by the National Commission on Markets and Competition.

e) Output from the Balance to Underground Virtual Point: Includes the right to the gas transport service from the system balance point to its delivery in underground storage.

f) Output of the Balance Virtual Point to a regasification plant tank: Includes the right to the gas transport service from the point of the system balance to its delivery in the form of liquefied natural gas in the tanks of a regasification plant. This service will be limited to the amount of gas nominated for regasification at the plant for each day.

g) Balance Sheet Output to a Consumer: Includes the right to the gas transport service from the system balance point to delivery to a final consumer or, if applicable, to the connection point of a direct line to a consumer.