The promulgation of Royal Decree-Law 9/2013, 12 July, laying down urgent measures to ensure the financial power system stability by which marked a major step in the process of reform of the electricity sector and established the mandate to the Government to approve a new legal regime for the facilities of production of electricity from renewable energy sources cogeneration and waste. He also introduced specific principles on which it would articulate the regime for these facilities, which were subsequently integrated into the law 24/2013, of 26 December, the Electricity Sector.
In accordance with the mandate approved Royal Decree 413/2014, 6 June, which regulates the activity of production of electrical energy from renewable energy sources, cogeneration and waste, which establishes the legal regime for these facilities.
Law 24/2013, of 26 December, the electric Sector, authorized, in its article 14.7, exceptionally the Government can establish a specific compensation arrangements to boost production from renewable energy sources, cogeneration of high efficiency and waste, where there is an obligation of energy objectives derived from policy or other rules of law of the European Union or where its introduction involves a reduction of energy cost and energy dependence outside, setting the terms on which must be carried out.
Article 12 of Royal Decree 413/2014, 6 June, provides for the granting of the specific compensation arrangements will be established by Royal Decree the conditions, technologies or specific collective installations that they may participate in the competitive mechanism, as well as the assumptions on which is based pursuant to article 14.7 of the law 24/2013 , on December 26.
Planning process in the sectors of electricity and gas for the 2020 horizon is currently in course. In the preparatory work has been showed that will need an increase of the installed capacity of electric power from renewable energy generation technologies.
So, has been considered timely renewal of existing wind power or the incorporation of new power, since there is a significant contingent of facilities that are located in areas with high wind resource whose renewal could lead to a significant increase of the energy produced.
Similarly, the incorporation of new biomass heating power has been considered the management skills that contribute to the system and for your interest as a vector of development of local markets for biomass for joint use in thermal applications.
This Royal Decree is issued under cover of the articles 149.1.13. ª and 25.ª of the Spanish Constitution, which attribute to the State the exclusive competence in relation to the bases and coordination of the general economic activity planning and the bases of the regime and mining, respectively.
By virtue of the foregoing, and in order to make progress in the fulfilment of 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 salary specific arrangements for new production of electricity from biomass facilities located in the Mainland electric system and for installations of wind technology.
It is excluded from the scope of this Royal Decree to the biomass facilities located in the electrical systems of the non-peninsular Territories pursuant to the fourteenth additional provision of Royal Decree 413/2014, on 6 June, which establishes such installations will not them application specific remuneration regime.
In accordance with the requirements in section 5.2 and the tenth transitional provision of law 3/2013, June 4, creation of the National Commission of markets and competition, this Royal Decree has been subject of report by the National Commission of markets and competition (IPN/of/007/15-008/15) who for the preparation of his report has taken into account the observations and comments of the Advisory Council of electricity, through which it has evacuated the processing of audience to the sector and consultations to the autonomous communities.
By virtue, on the proposal of the Minister of industry, energy and tourism, and prior deliberation of the Council of Ministers at its meeting of October 16, 2015, have: first. Object.
1. in the first place, is the object of this Royal Decree the establishment, in accordance with the provisions of article 12.1 of Royal Decree 413/2014, on 6 June, of the conditions, technologies or collective of specific facilities that may participate in a call for the granting of the specific compensation arrangements for new production of electricity from biomass facilities located in peninsular power system and for installations of wind technology.
2. also approves the call for the allocation of the specific compensation arrangements, regulated in Royal Decree 413/2014, 6 June.
Second. Eligibility for participation in the call for the allocation of the specific compensation arrangements.
1 this Royal Decree shall apply to the following facilities of electric power production, according to the classifications set out in articles 2 and 4 of Royal Decree 413/2014, on 6 June, which regulates the activity of production of electrical energy from renewable energy sources, cogeneration and waste: to) new groups b.6 biomass installations b.8 or hybrid type 1, always that in the latter case not used as fuel black liquors of the Group c.2, located in the Mainland electric system.
(b) new subgroup b.2.1 installations or modifications to existing facilities.
For these purposes, means that an installation is new when it is constituted by new major equipment and without prior use and it had not been registered with finality in the administrative register of installations of electric power production, prior to that provided under this Royal Decree.
Also means that he is a modification of an existing wind facility as a facility that would have been registered with finality in the administrative register of installations of electric power production, provided that the modification unless the replacement of wind turbines with new ones and without prior use and that such modification had not been registered with finality in the register the date on which it takes effect this Royal Decree is modified. The modification can affect all of the installation or a part of it.
2. no specific remuneration regime facilities, new or modifications to existing facilities may be granted, to which they had granted beforehand that it provided under this Royal Decree the right perception of the Primate economic regime, the specific compensation arrangements or any other economic regime related to renewable energy, cogeneration, or waste.
3. in accordance with provisions in article 1.3 and the second additional provision of law 17/2013, October 29, for assurance of supply and increased competition in the electrical systems island and extrapeninsulares, not may be granted the specific compensation arrangements to facilities in the electrical systems of the non-peninsular territories that are owned by a company or group of companies defined as set out in article 42 of the code of Commerce, which owns a percentage of over 40 per cent electricity generation power on that system.
Third party. Call for proposals for the allocation of the specific compensation arrangements.
1 approving the call for the allocation of the specific compensation arrangements, regulated in Royal Decree 413/2014, of June 6, the following quotas of power technology: a) for facilities defined in paragraph Segundo.1.a) of this Royal Decree up to a maximum of 200 MW of power.
((b) for facilities defined in paragraph Segundo.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, 6 June, by order of the Minister of industry, energy and tourism, prior agreement of the delegate Commission of the Government for Economic Affairs, you will approve the mechanism of allocation of the specific compensation arrangements and the remuneration applicable to the call parameters as well as the other issues set for the correct application of the remuneration regime will be fixed.
The assignment of the specific compensation arrangements and the value standard of the initial investment will be determined through a competitive procedure.
This Royal Decree shall take effect from the day following its publication in the «Official Gazette».
The present Royal Decree, which puts an end to the administrative procedure, it may be brought against, with optional character, appeal in the period of one month from the day following its publication in the «Official Gazette» or, directly, contentious-administrative appeal before the Board of the contentious-administrative of the High Court, within the period of two months counted from the day following its publication in the «Official Gazette» , in accordance with the provisions of article 12 of law 29/1998, of 13 July, regulating the contentious jurisdiction.
Given in Madrid, on October 16, 2015.
The Minister of industry, energy and tourism, JOSE MANUEL SORIA LOPEZ