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Royal Decree 947/2015, October 16, Which Establishes A Call For The Granting Of The Specific Compensation Arrangements To New Facilities For Production Of Electricity From Biomass Electrical Penin...

Original Language Title: Real Decreto 947/2015, de 16 de octubre, por el que se establece una convocatoria para el otorgamiento del régimen retributivo específico a nuevas instalaciones de producción de energía eléctrica a partir de biomasa en el sistema eléctrico penin...

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TEXT

The enactment of Royal Decree-Law 9/2013 of 12 July, which takes urgent measures to ensure the financial stability of the electricity system, was an important step in the process of reforming the sector. power and established the mandate to the Government to approve a new legal and economic regime for electricity production facilities from renewable energy sources, cogeneration and waste. It also introduced the specific principles on which the scheme applicable to these installations would be used, which were subsequently integrated into Law 24/2013 of 26 December of the Electrical Sector.

In compliance with that mandate, Royal Decree 413/2014 of 6 June 2014 regulating the activity of producing electrical energy from renewable energy sources, cogeneration and waste, which establishes the legal and economic arrangements for such installations.

Law 24/2013 of 26 December of the Electrical Sector authorizes, in Article 14.7, that the Government may exceptionally establish a specific remuneration scheme to promote production from energy sources. renewable, high-efficiency cogeneration and waste, where there is an obligation to comply with energy objectives derived from Directives or other European Union law rules or where their introduction would lead to a reduction in cost energy and external energy dependence, setting out the terms in which it is be performed.

Article 12 of Royal Decree 413/2014, of June 6, provides that for the granting of the specific remuneration regime, the conditions, technologies or collective of concrete installations will be established by royal decree may participate in the competitive competition mechanism, as well as the assumptions on which it is based in accordance with the provisions of Article 14.7 of Law 24/2013 of 26 December.

The planning process for the electricity and gas sectors for the 2020 horizon is currently underway. In the work of preparation it has been shown that there will be a need for an increase in the installed power of electric power generation technologies from renewable energy sources.

Thus, the renewal of existing wind power or the incorporation of new power has been considered appropriate, since there is an important contingent of installations located in areas with high wind resources. Renewal could lead to a significant increase in the energy produced.

Similarly, it has been considered the incorporation of new power of thermal biomass installations by the management capacity they bring to the system and by their interest as a vector for the development of local biomass markets. for use as a whole for thermal use.

This royal decree is issued under Articles 149.1.13. and 25. of the Spanish Constitution, which attribute exclusive competence to the State in relation to the bases and coordination of the general planning of the activity. economic and the bases of the mining and energy regime, respectively.

By virtue of the above, and in order to advance compliance with the binding targets set out in Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources, this royal decree establishes a call for the granting of the specific remuneration regime for new installations of production of electric power from biomass located in the system Peninsular electricity and for wind technology installations.

It is excluded from the scope of this royal decree to the biomass installations located in the electrical systems of the non-peninsular territories in application of the additional provision fourteenth of the Royal Decree 413/2014, of 6 June, in which it is established that the specific remuneration scheme shall not apply to such installations.

According to the requirements of Article 5.2 and the transitional provision of Law No 3/2013 of 4 June, of the creation of the National Commission on Markets and Competition, this royal decree has been the subject of a report. by the National Commission on Markets and Competition (IPN/DE/007/15 and 008/15), who for the preparation of its report has taken into account the comments and comments of the Electricity Advisory Council, through which it has been evacuated the process of hearing the sector and consultations with the autonomous communities.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, and after deliberation by the Council of Ministers at its meeting on 16 October 2015,

DISPONGO:

First. Object.

1. First, it constitutes the object of this royal decree the establishment, in accordance with the provisions of article 12.1 of Royal Decree 413/2014, of June 6, of the conditions, technologies or collective of concrete installations that will be able to participate in a call for the granting of the specific remuneration scheme for new installations for the production of electrical energy from biomass located in the peninsular electrical system and for technology installations wind.

2. The call for the allocation of the specific remuneration scheme, regulated in Royal Decree 413/2014, of 6 June, is also approved.

Second. Conditions required for participation in the call for the allocation of the specific remuneration scheme.

1. This royal decree shall apply to the following installations for the production of electrical energy, in accordance with the classifications laid down in Articles 2 and 4 of Royal Decree 413/2014 of 6 June 2014 on the production of electricity from renewable energy sources, cogeneration and waste:

(a) New biomass installations of groups b.6, b.8 or hybrid type 1, provided that in the latter case they do not use as fuel black spirits of the group c.2, located in the peninsular electrical system.

b) Subgroup installations b.2.1 new or modifications of existing installations.

For these purposes, an installation shall be understood to be new when it is constituted by new and non-use main equipment and has not been definitively entered in the Administrative Registry of Facilities production of electric power, before this royal decree takes effect.

Also, an amendment to an existing wind installation shall be understood to mean that an installation which would have been definitively registered in the Administrative Registry of installations of the production of electrical energy, provided that the modification involves at least the replacement of the wind turbines with new and non-preused wind turbines and that such modification would not have been definitively registered in the said register to the the date on which this royal decree takes effect. The modification may affect the entire installation or part of the installation.

2. The specific remuneration scheme may not be granted to installations, new or modifications of existing installations, to which they would have been granted prior to the actual effect of this decree on the right to the perception of the the primary economic regime, the specific remuneration scheme or any other economic regime related to renewable energy, cogeneration or waste.

3. In accordance with the provisions of Article 1.3 and the second provision of Law 17/2013 of 29 October for the guarantee of supply and increased competition in island and extra-island electrical systems, it will not be possible to to grant the specific remuneration scheme to installations in the electrical systems of non-peninsular territories which are the ownership of an undertaking or group of undertakings, as defined in Article 42 of the Code of Trade, which has a percentage of power generating power greater than 40 percent in that system.

Third. Call for the allocation of the specific remuneration scheme.

1. The call for the allocation of the specific remuneration scheme, regulated in Royal Decree 413/2014 of 6 June 2014, of the following power quotas for technology is approved:

(a) For installations defined in section Seconds (a) (a) (a) of this royal decree up to a maximum of 200 MW of power.

(b) For installations defined in section Seconds (1) (b) of this royal decree up to a maximum of 500 MW of power.

2. In accordance with the provisions of Article 12.2 of Royal Decree 413/2014, of 6 June, by order of the Minister of Industry, Energy and Tourism, after agreement of the Government Delegation for Economic Affairs, the mechanism of the allocation of the specific remuneration scheme and the remuneration parameters applicable to the call and the other aspects laid down for the correct application of the remuneration scheme.

The allocation of such specific remuneration scheme and the standard value of the initial investment will be determined by a competitive competition procedure.

Fourth. Effectiveness.

This royal decree will take effect from the day following its publication in the "Official State Gazette".

Against this royal decree, which ends the administrative route, it may be brought, with a powers of appeal, a replacement remedy within a period of one month from the day following that of its publication in the Official Journal of the European Union. State 'or, directly, a judicial-administrative appeal before the Court of Justice of the Supreme Court, within two months from the day following its publication in the' Official Gazette of the State ', in accordance with the with the provisions of Article 12 of Law 29/1998, of July 13, the regulator of the Jurisdiction Administrative-administrative dispute.

Given in Madrid, 16 October 2015.

FELIPE R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ