Royal Decree 1565 / 2010 Of 19 November, Which Regulate And Modify Certain Aspects Relating To The Activity Of Production Of Electrical Energy In Special Regime.

Original Language Title: Real Decreto 1565/2010, de 19 de noviembre, por el que se regulan y modifican determinados aspectos relativos a la actividad de producción de energía eléctrica en régimen especial.

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The growth in the number of electricity production facilities from renewable energy sources, cogeneration and waste, which are covered by the special scheme, has been very important in recent years. Thus, Spain has become one of the countries leading the way in the development of these technologies.

This is a very dynamic sector with a very fast pace of technological evolution. At present, approximately 25 percent of the electrical energy produced comes from renewable energies. These facts, together with the structural characteristics of our electrical system, require the establishment of additional technical requirements to ensure the functioning of the system and enable the growth of these technologies.

Royal Decree 661/2007, of 25 May, which regulates the activity of the production of electrical energy under special conditions, establishes the obligation to comply with certain technical requirements.

In particular, this royal decree establishes the obligation to attach to control centres which will act as partners of the system operator for installations of power equal to or greater than 10 MW, as well as the compliance with certain requirements for response to voltage gaps for wind installations; compliance with these requirements is essential in order to allow for proper operation of the system under conditions of The European Commission has been in the process of being involved in the process of Special regime technologies in the generation mix.

Well, the growth of the number of photovoltaic solar technology installations in recent times, forming part of many of the cases of clusters, makes it necessary to submit to the fulfillment of the technical requirements referred to these groupings. In this respect, it is noted that Royal Decree 1578/2008 of 26 September 2008 of remuneration for the production of electrical energy by photovoltaic solar technology for installations after the date of maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007 for that technology, provided for in Article 13 thereof, the need to establish technical requirements for such installations.

On the other hand, for the case of wind installations, Royal Decree 661/2007, of 25 May, provides as a maximum date for compliance with the requirements for response to the voltage gaps on 1 January 2010, for installations prior to 1 January 2008, the consequence of such non-compliance being the loss of the right to the collection of the premium or, where appropriate, the equivalent premium, for the energy produced. The technological development carried out over the last few years has not, however, been sufficient to achieve the adequacy of most of the wind generation park on the planned date. The technical solutions for certain machines have been developed on very recent dates, so it is appropriate to extend the adequacy deadline.

In general, experience in the management accumulated as a result of the application of the legal and economic regime of the special regime, advises the redefinition of certain concepts and the adaptation of the procedures to the evolution of these sectors.

Thus, first of all, by means of this royal decree, the definition of the concept of a substantial modification of an installation for the purpose of renewal of the economic regime is determined, in so far as this figure is used in a massive way in the next few years, having reached the generation park an age that will enable the renovation of the equipment.

Secondly, the different interpretations to which Article 6 of the Unified Regulation of Measure Points of the Electrical System, approved by Royal Decree 1110/2007 of 24 August 2007, make it necessary to specify where there is an obligation to install measuring equipment in terminals of the generation groups. It is also appropriate to bring forward the completion of the transitional period for the adequacy of the type 3 points of measure, in order to speed up the economic settlement of the facilities available to them.

There is also progress in administrative simplification, streamlining procedures through the use of electronic means, as far as possible. In this way, the definition of the information on the registration of special status records to be communicated by the regional bodies is improved and the elaboration of forms for the referral of documentation by the authorities is provided for. The operator of the facility in electronic format.

On the same line, it is established that the application for registration in the Register of Preallocation of Pay exclusively by electronic means is required, through the electronic headquarters of the Ministry of Industry, Tourism and Trade. It is considered that this is justified on grounds of public interest, since the high number of applications submitted to the pre-allocation procedure for photovoltaic installations makes the management of the documentation submitted in It is difficult and complicated. In addition, it is estimated that it does not constitute an excessive burden on applicants, as it can reasonably be assumed to be sufficient for the electronic communication of their application, taking into account legal, technical and economic training. which requires credit to the holders of PV installations, even if they are natural persons or small enterprises.

Finally, it is also remarkable to introduce provisions for wind and solar thermal installations of an experimental and innovative nature, to enable the realization of R & D + i activities in these sectors, as a key element for achieving the ultimate objectives of cost reduction and achieving, in the medium term, complete competitiveness with conventional technologies.

This royal decree has been submitted to the National Energy Commission's mandatory report and to the hearing through its Electricity Advisory Council. He has also been examined by the Government's Delegation for Economic Affairs, at its meeting on 23 September 2010.

This provision is made in accordance with the provisions of Article 149.1.13., 22. ª, 25. of the Spanish Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the the economic activity, the approval of the electrical installations when it is used affects another Autonomous Community or the transport of energy comes out of its territorial scope and bases of the mining and energy regime, respectively. In this respect, it should be noted that, for the content of its provisions, which is eminently technical and detailed in the development of the rules governing the operation of these facilities and the aspects relating to its economic system, the law does not is a suitable instrument for its establishment and its approval is justified by means of a royal decree.

In its virtue, on the proposal of the Minister of Industry, Tourism and Commerce, with the prior approval of the Third Vice President of the Government and Minister of Territorial Policy and Public Administration, according to the State Council and after deliberation by the Council of Ministers at its meeting on 19 November 2010,

DISPONGO:

Article first. Amendment of Royal Decree 661/2007 of 25 May 2007 regulating the activity of the production of electrical energy under special arrangements.

In Royal Decree 661/2007, of 25 May, for which the activity of the production of electrical energy is regulated in special regime, the following modifications are introduced:

One. In Article 3, a paragraph 4 is added with the following wording:

" 4. It shall be a necessary condition for the inclusion in the special scheme that the installation is made up of new and unused main equipment. '

Two. Article 4 (3) is amended, which is worded as follows:

" 3. For the purposes of this royal decree, and in particular Chapter IV thereof, the substantial modification for the purposes of its economic arrangements of a pre-existing installation, in accordance with the terms laid down in Article 4a, shall give rise to a new date of putting into service. "

Three. An Article 4a is added with the following wording:

" Article 4a. Substantial modification of a pre-existing facility for the purposes of its economic regime.

1. For cogeneration installations, substantial modification, for the purposes of the economic regime provided for in this royal decree, shall be considered as a pre-existing installation of the replacement of at least the equipment indicated in the following table in typology and technology function.

Cogeneration Tipology Before Modification

Teams to Be Replaced

Simple turbine-drying cycle.

• Gas turbine (s)

drying cycle with engine.

• Alternate engine (s).

Simple cycle with steam generation and/or hot water with turbine.

No cold generation.

• Turbine (s) gas.

With cold generation.

• Gas Turbine (s) and
• Recovery (s) of heat or machine (s) of absorption

cycle with steam generation and/or hot water with alternative engine.

No cold generation.

• Alternate engine (s).

With cold generation.

• Alternate Engine (s) and
• Recovery (s) of heat or machine (s) of absorption

cycle.

No cold generation.

• Gas Turbine (s) and
• Heat recovery (s) or steam turbine turbine.

With cold generation.

• Gas Turbine (s) and
• Absorption Machine (s) and
• Heat recovery (s) or steam turbine turbine.

2. Notwithstanding the above, and in any case, for a modification of a cogeneration plant to be considered as substantial, the requirement that the modified cogeneration be of high efficiency should be met in accordance with the requirements of the Royal Decree 616/2007 of 11 May on the promotion of cogeneration by calculating the percentage saving of primary energy in accordance with the Technical Guide for the measurement and determination of useful heat, electricity and energy saving High-efficiency cogeneration primary approved by Resolution of 14 May 2008, from the Secretariat General Energy.

3. The equivalent electrical performance after the substantial modification shall be calculated in accordance with the Technical Guide for the determination of the useful heat, cogeneration electricity and primary energy savings, as if the installation is new to run.

4. The project documentation submitted to the competent authority for the processing of the substantial modification of a cogeneration plant shall include an energy study which takes account of the current and expected situations after that substantial modification. This study will include a quantification of the improvement in the equivalent electric performance values, primary energy percentage savings and avoided CO2 emissions, calculated according to the yields set out in the Decision Commission Regulation (EC) No 680/2006 of 21 December 2006 laying down detailed rules for the application of Council Directive 2004 /8/EC of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to: European Parliament and the Council.

5. Where the typology of the pre-existing cogeneration does not correspond to those indicated in the table above, the operator of the cogeneration plant shall request the Directorate-General for Energy Policy and Mines to indicate the criteria to be met. comply to qualify the modification as substantial.

Similarly, prior to the authorization of the General Directorate of Energy Policy and Mines for the purposes of this article, the replacement of the main equipment with technology change may be allowed when the circumstances of the process so requires and without prejudice to compliance with the other required requirements.

6. For wind installations, substantial modification, for the purposes of the economic regime provided for in this royal decree, shall be considered as a pre-existing installation of the replacement of at least the generator and the blades, and provided that the turbines The results were more efficient and the unit power greater than or equal to the previous one.

7. For the rest of the technologies other than cogeneration and wind, it will be considered substantial modification, for the purposes of the economic regime foreseen in this royal decree, of a pre-existing installation the substitutions of the main equipment which are established on the orders of the Minister for Industry, Tourism and Trade.

8. In any case, in order for a modification of an installation to be considered as substantial, the condition that the main equipment to be installed in it be new and without prior use must necessarily be met.

9. In the case where an installation is made up of different generating equipment but with the same final registration date, it is understood that the substantial modification has occurred when all the generating equipment is replaced. existing equipment for new equipment.

If equipment with different registration dates exists in an installation, the substantial modification may be applied to the generating equipment that shares the same registration date as indicated in the paragraph previous.

10. The substantial modification of a reception facility to the first transitional arrangement or the second transitional provision of the present royal decree will assume its full acceptance to the current economic regime for new installations, in the the appropriate category, group and subgroup. "

Four. Article 18 (d) is amended as follows:

" (d) All special-speed installations with a power exceeding 10 MW, and those with a power less than or equal to 10 MW but which are part of a grouping of the same sub-group as Article 2, the total sum of which be larger than 10 MW, they must be attached to a generation control centre, which will act as an interlocutor with the system operator, forwarding the information in real time to the facilities and making their instructions executed in order to ensure at all times the reliability of the electrical system.

In island and extra-island electrical systems, the previous power limit shall be 1 MW for installations or pools.

All installations with installed power greater than 1 MW, or less than 1 MW but which are part of a pool of installations of which the sum of powers is greater than 1 MW, must be sent to the system operator, in real time, individually in the first case or aggregate in the second case. These telemetry shall be forwarded by the operators of the premises or, where appropriate, by their representatives.

For the purposes of this royal decree, a grouping of facilities that connect at the same point of the distribution or transport network, or have a common or a common evacuation line, is defined. Likewise, they will be part of the same group, those facilities that are in the same cadastral reference, considered to be in its first 14 digits. The power of a pool will be the sum of the powers of unit facilities.

The obligation to attach to a generation control centre and, where appropriate, the sending of telemetry to the system operator, will be a necessary condition for the perception of the tariff or, where appropriate, the premium established in the present royal decree, or in actual previous decrees in force on a transitional basis. If the choice of sale chosen is the sale at regulated tariff, the non-compliance with this obligation will involve the perception of the market price, rather than the tariff.

The installation and maintenance costs of generation control centers, including the installation and maintenance of communication lines with the system operator, will be on behalf of the generators under control. This is a very important issue. The communication of such generation control centres with the system operator shall be in accordance with the protocols and standards communicated by the system operator and approved by the General Directorate for Energy Policy and Mines.

The operating conditions of the control centres, together with the obligations of the generators under special arrangements, in relation thereto, shall be those laid down in the relevant procedures of the operation. "

Five. Article 18 (e) is amended, which is worded as follows:

" (e) Wind installations and installations or pools of photovoltaic installations of a power exceeding 2 MW, in accordance with the definition of the pool as set out in paragraph (d) of this Article, are required compliance with the provisions of the operation procedure P.O. 12.3 Requirements for the response to the voltage gaps in wind installations, approved by Resolution of 4 October 2006 of the General Secretariat of Energy. For these purposes, the verification of compliance shall be regulated in the relevant procedure. Such a procedure shall also apply to the island and extra-island electrical systems, as long as a specific procedure is not developed, without prejudice to other technical requirements which may be required in each case.

Without prejudice to paragraph 3 of the fifth transitional provision, this obligation shall be a necessary condition for the collection of the tariff or, where appropriate, the premium provided for in this royal decree, or in real terms. Previous decrees in force on a transitional basis. If the option of sale chosen was the sale at regulated tariff, the non-compliance with this obligation would imply the perception of the market price, rather than the tariff itself. "

Six. The wording of Article 19 (4) is amended as follows:

" 4. The documentation referred to in this Article shall be forwarded by the competent bodies to the Directorate-General for Energy Policy and Mines through the electronic procedure referred to in Article 10.3 of this Royal decree.

The referral of the documentation referred to in this Article, by the owners of the facilities to the competent body or to the Directorate-General for Energy Policy and Mines, shall be carried out at least in electronic format. To this end, a form of form, downloadable, which will be made available to interested parties through the electronic headquarters of the Ministry of Industry, Tourism and Tourism, can be approved by Resolution of the Secretary of State for Energy. Trade. "

Seven. The first paragraph of Article 20.3 is amended, as follows:

" 3. Special-speed installations must, prior to the start of the discharge of energy to the network, be provided with the necessary electrical energy measuring equipment to enable them to be liquidated, invoiced and checked, in accordance with the provisions of this Regulation. in this royal decree and in the unified regulation of points of measure of the electrical system, approved by Royal Decree 1110/2007, of August 24. "

Eight. The title and paragraphs 1 and 2 of Article 29 are amended as follows:

" Article 29. Reactive power regime.

1. A facility under the special scheme, under the application of this royal decree, shall be subject to the derogations which it shall lay down, irrespective of the option of sale referred to in Article 24 (1), complement or penalty, as appropriate, for reactive energy for the maintenance of certain power factor values. This supplement is fixed as a percentage of the value of € 8,2954 /kWh, depending on the power factor with which the energy is delivered, which will be reviewed annually by the Minister for Industry, Tourism and Trade. That percentage is set out in Annex V to this royal decree.

The facilities shall be maintained, on an hourly basis, within the mandatory range of power factor indicated in Annex V. Failure to comply with this obligation shall entail the payment of the maximum penalty provided for in Annex V. the same Annex for the hours in which the non-compliance is incurred.

The mandatory range of power factor may be modified, on an annual basis, by resolution of the Secretary of State of Energy, at the proposal of the system operator, and the system operator shall be among the values power factor extremes: 0.98 capacitive and 0.98 inductive. The required range may be different depending on the geographical area, according to the needs of the system.

2. Those installations of the special scheme whose installed power is equal to or greater than 10 MW, or 5 MW in the case of island and extra-island electrical systems, may be instructed by the system operator for the modification. temporary of the previously defined power factor range, depending on the system needs. In the same way, the instructions of the system operator may be related to monitoring of tension slogans in a given system node, once they are established in the corresponding operating procedure. In the event of compliance with these instructions, the maximum allowance referred to in Annex V shall be applied and in the event of non-compliance with them, the maximum penalty referred to in the same Annex shall apply.

For these, when the installation is connected to the distribution network, the modification of the power factor range applicable to it will take into account the limitations that the network manager can set distribution, for security reasons of your network. The distribution system operator may propose to the system operator any specific instructions it considers relevant. "

Nine. A paragraph (c) is added to Article 33.1 with the following wording:

" (c) In order to participate in such services, the facilities must first perform a test of operation to demonstrate the net power actually available, as indicated in Annex XIII of this royal decree. Such net power shall be that used for market share. '

Ten. In Article 36, table 3, the values of the regulated tariffs indicated for facilities of type b.1.1 shall be deleted from the year twenty-sixth.

Once. Article 45 (2) is amended and read as follows:

" 2. Installations of technologies similar to those of category b, except for thermoelectric, wind, and hydroelectric solar power, of installed power greater than 50 MW, shall be entitled to receive a premium, applied to the electricity sold to the market, equal to that of a 50 MW installation of the same group and sub-group and, where applicable, same fuel and age from the date of entry into service, as determined in Article 36, multiplied by the following coefficient:

0.8-[(Pot -50)/50) × 0, 6], for installations up to 100 MW, or

0.2, for the rest,

being Pot, the power of the installation, in MW, and if in this case apply the lower and upper limits foreseen in it, multiplied by the same coefficient, in each case. "

Twelve. In Articles 14.2, 18, 22.2, 23.6, 49.1 and 50.1, in the third additional provision and in the transitional provision fifth, 2, the expression 'price equivalent to the final market time' is replaced by 'market price'.

Thirteen. A new paragraph 6 is added to the second transitional provision with the following wording:

" 6. Installations covered by this provision, or those using cogeneration for the treatment and reduction of waste in the agricultural, livestock and service sectors and which have been fully taken into account in this royal decree, in Category (a) shall not be entitled to the collection of the additional efficiency provided for in Article 28. "

Fourteen. A new second paragraph is added to the fourth transitional provision with the following wording:

" The installations to which the obligations laid down in Article 18 (d) of this royal decree apply, except for individual installations of a power exceeding 10 MW, shall have a transitional period up to 30 June 2011 inclusive, during which the penalty set out in the fifth paragraph of Article 18.d shall not apply to it. '

Fifteen. Paragraph 1 of the fifth transitional provision is amended as follows:

" 1. Those wind installations whose final date of registration in the administrative register of production facilities under special arrangements, under the Ministry of Industry, Tourism and Trade, is before 1 January 2008 and technology is considered to be technically adaptable, with the deadline of 31 December 2010 inclusive, to be adapted to compliance with the operation procedure P.O. 12.3.

In the case of wind installations located in the island and extra-island electrical systems, the adaptation period shall be extended until 30 September 2011.

As long as no specific operating procedures are developed, the response requirements to the voltage gaps to be met by the PV installations to which they correspond, as provided for in the The provisions of this royal decree shall be those laid down in the peninsular operation procedure relating to the requirements for response to the voltage gaps of wind installations, being applicable within the following time limits:

i) for PV installations with a final registration date after 30 June 2011, from their final date of entry;

(ii) for photovoltaic installations with a final registration date prior to 1 July 2011, as from 1 October 2011. '

Sixteen. The following paragraphs shall be added to paragraph 3 of the fifth transitional provision, with the following wording:

" In the case of wind installations located in the island and extra-island electrical systems, the time limit for accrediting the impossibility of compliance with these requirements shall be extended until 31 December 2010.

In either case, the resolution of acceptance of the impossibility of adequacy and the exemption from the penalty, may have limited temporary validity.

Without prejudice to the provisions of this provision, the Directorate-General for Energy Policy and Mines may, in general, resolve the impossibility of adapting a concrete wind turbine model. "

seventeen. The wording of the last two paragraphs of the fourth final provision is amended, which becomes as follows:

"By resolution of the Secretary of State for Energy, which shall be published in the" Official State Gazette ", the objective limits of power of reference laid down in Articles 35 to 42 may be modified upwards, provided it is deemed necessary and does not compromise the security and stability of the system. The Secretary of State for Energy is also entitled to amend, by means of a resolution to be published in the "Official State Gazette", the content of the registration model in the register and the annual summary-summary model in Annex III and Annex IV respectively, as well as the content of Annex XII concerning the time profiles for photovoltaic and hydraulic installations.

The technical content of Annex XIII concerning the net power test for hydraulic and thermal installations may be amended by order of the Minister for Industry, Tourism and Trade. "

Eighteen. Paragraph 6 of Annex I is amended as follows:

" 6. For installations using several conventional fuels, a single equivalent electric performance shall be applied, calculated on the basis of the reference yields for each fuel. By order of the Minister of Industry, Tourism and Trade the methodology for the calculation and justification of the said single equivalent electric performance shall be approved. '

nineteen. Annex III is replaced by the following:

" ANNEX III

Enrollment model in the registry

data:

Type of resolution

data:

MITYC Record No.

Record Autonomic Enrollment

definitive

Name

Site: street or square, place, etc.

Province

Province

Province

installation (KW)

net power of the installation (KW) resulting from the power test

or Extension Data:

Identifier

Identifier

nominal power (KW)

Phase net power (KW) resulting from the power test

RD in which you enroll

Group to which you belong (article 2)

of Technology (1)

Rio

(height in m)

(m3/s)

Primary fuel type (2)

Other fuels or main fuel detail

:

/Postal Code

Data

Pout Date on Service for Testing

Definitive Service Date

Enrollment Date

enrollment date

resolution or effect date

Economic Regime:

Option

          

Preallocation case number

Preallocation Call Date

(1) Type of technology: Cogeneration, photovoltaic, solar thermoelectric, wind, hydraulic, thermal, waste, waste treatment.

(2) Main fuel: Natural gas, gas oil, fuel, propane, coal, waste heat, LPG, Liquid biofuels, sprouts, RSU, industrial waste, waste gas, agricultural or forestry energy crops, waste agricultural activity or gardening, waste forest or forestry waste, landfill biogas, digestion biogas, agricultural industrial biomass, forest industrial biomass, black spirits. "

Twenty. Annex V is replaced by the following:

" ANNEX V

Plug-in for reactive power

The following power factor values and corresponding bonus/penalty percentage values shall be considered for all special regime units:

Factor Range

Compliance Bonification%

Penalization default%

.

0.00

3.00

Between 0.995 inductive and 0.995 capacitive.

4.00

0.00

The reference mandatory power factor range is set, between 0.98 capacitive and 0.98 inductive.

Power factor regulation will be performed at the point of connection to the system and will be obtained by making use of the installation's counter-logger measuring equipment. It shall be calculated with two decimal places and the rounding shall be done by default or by excess, depending on whether the third decimal number is less than five.

Add-on percentages will be applied on a hourly basis, with each month, at the end of each month, a monthly computation, which will be billed and cleared accordingly. "

Twenty-one. An Annex XIII is added with the following wording:

" ANNEX XIII

Net power test for hydraulic and thermal installations

1. The installed net power shall be expressed in MW with two decimal places and shall be defined, depending on the technology used, as follows:

(a) The net power installed for each conventional or mixed hydraulic group is defined as the maximum power which can be maintained in continuous gear for a period equal to or greater than four hours, referred to in the generator deduced the auxiliary consumption to express it in bars of central, assuming the totality of its facilities in service and the conditions of flow and height of the jump are optimal.

(b) The net installed power of each heat group is defined as the maximum power that can be maintained continuously for at least one hundred hours and referred to the terminals of the group generator deducted from the consumption auxiliary to express it in central bars, assuming that all of its facilities are in service and that there is a sufficient quantity of fuel in the park and the usual quality.

2. The operating test referred to in the above paragraph shall be performed according to the following generic protocol:

a) Communication to the Test System Operator to perform.

b) Confirmation of the availability of fuel or water, as appropriate.

c) A marking with the date and time of the beginning and end of the test.

d) Checking the existence of telemedidas.

e) Checking the group's net energy counter reading at the start of the test and subsequent sealing of the counter box.

f) Checking the group's net energy counter reading at the end of the test.

g) Where appropriate, check the most characteristic data for the operation of the boiler in order to determine that the manufacturer's specifications are not exceeded.

h) Average power deduction.

i) Obtaining by means of readings of the energy counter in group generator bornes, of the gross power during the test.

j) Obtaining auxiliary consumption for that power level, by difference between the gross and net power of the group.

k) In the case of hydraulic groups, once the gross and net power is determined on the basis of the conditions of the hydraulic jump and flow during the test, the maximum gross and net power to be calculated shall be calculated could obtain in optimal flow and jump conditions.

3. The net power tests shall be performed by entities accredited by the administration.

4. The result of the test shall be forwarded by the data subject to the National Energy Commission. It shall forward to the Directorate-General for Energy Policy and Mines, on a monthly basis, a list of facilities which have exceeded that operational test, indicating the resulting net power.

5. The net power of each installation shall be entered by the Directorate-General for Energy Policy and Mines in the Administrative Register of electrical energy production facilities under special arrangements. "

Article 2. Amendment of the unified system of measurement points of the electrical system, approved by Royal Decree 1110/2007, of 24 August.

The following modifications are introduced in the Unified System of Measurement Points of the Electrical System, approved by Royal Decree 1110/2007, of August 24:

One. The second paragraph of Article 6 is amended as follows:

"In generation facilities, a measurement point may also be established in the group bornes for the measurement of the generated gross energy, which may be used as a voucher."

Two. Paragraph 1 of the second transitional provision is amended, which is worded as follows:

" 1. Those installations and equipment of measurement which are changed by this Regulation as described below, may maintain the current equipment until they are replaced by new equipment, provided that the entry into force of this Regulation This Regulation shall be in accordance with the Regulation of the Measurement Points of the Actuals and Transits of Electrical Energy, approved by Royal Decree 2018/1997 of 26 December:

(a) those that change their classification of type 3 to type 1 or 2, which must be replaced by 1 July 2012;

(b) the points of measure of consumption that change their classification of type 4 to type 3, which must be replaced by 1 July 2012;

c) the generation measurement points that change their classification of type 4 to type 3, which must be replaced by 1 July 2011.

However, the rest of the requirements and conditions relating to the type of point in which they are classified shall apply to them, in any case having communication for remote reading, where this is required.

For installations and equipment of measurement which are classified as type 3 measuring points and which, by virtue of the additional provision of the Royal Decree 1433/2002 of 27 December 2002, on the basis of the additional provision Requirements for the low voltage of customers and generators in the Special Regime have been classified as measuring points type 2, the provisions of the preceding paragraph shall also apply, provided that, at the entry into force of the said real a decree, such facilities and equipment would be in conformity with the Measure of Measure Electric Power Consumptions and Transits, approved by Royal Decree 2018/1997 of 26 December, in the first systematic verification carried out. "

Three. Paragraph 4 of the second transitional provision is without content.

Article 3. Amendment of Royal Decree 1578/2008 of 26 September 2008 on the remuneration of the production of electricity by photovoltaic solar technology for installations after the date of the maintenance of the remuneration of the Royal Decree 661/2007 of 25 May 2007 for such technology.

Royal Decree 1578/2008 of 26 September 2008 for the remuneration of the production of electrical energy by solar photovoltaic technology for installations after the date of the maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007 for that technology is amended as follows:

One. Article 3 (a) is worded as follows:

" (a) Type I. Installations that are located on decks or facades of fixed buildings, closed, made of resistant materials, dedicated to residential, service, commercial or industrial uses, including those of a character In all cases, where there is a power supply point contracted by at least 25% of the nominal power of the facility to be located within the first 25 years, the agricultural and livestock sector shall be located within the first 25 years of the the first day of the month following the entry into force of the production facility.

Or, installations that are located on fixed support structures that are intended for use of parking or shading cover, in both cases of areas dedicated to any of the above uses, and they are located in a plot with urban cadastral reference.

It is expressly excluded from this type I facilities located on structures of greenhouses and covers of irrigation rafts, and the like.

Facilities of this type are grouped into two subtypes:

Type I. 1: Type I installations, with a power less than or equal to 20 kW.

Type I. 2: Type I installations, with a power exceeding 20 kW. "

Two. Article 6 (1) is worded as follows:

" 1. The application for registration in the Preallocation Register for remuneration, for a project of installation or installation, shall be made, indicating the data set out in Annex I of this royal decree, and shall also provide a copy of the documentation set out in Annex II thereto. That request shall be addressed to the Directorate-General for Energy Policy and Mines.

The application will be made for the same installation unit that would have been processed with the competent authority, and in particular, no application may be submitted for an installation consisting of a facility pool. which would have been independently dealt with before the competent body. "

Three. The wording of Article 6 (2) shall be as follows:

" 2. As provided for in Article 27.6 of Law 11/2007 of 22 June of the electronic access of citizens to Public Services, the application shall be submitted exclusively by electronic means, with electronic certificate, in the register. The Ministry of Industry, Tourism and Trade, within the time limit set out in Annex III to this royal decree, for the invitation to register the person concerned.

All communications between the applicant and the instructor shall be conducted exclusively through electronic means. If such electronic means are not used, the competent administrative body shall require the appropriate remedy, warning that, if the requirement is not met, the presentation shall lack validity or effectiveness.

The project holder or installation must submit a request for each of the calls in which it wishes to participate, not being valid for a call for applications for projects or installations that do not would have been entered in the Register of Preallocation of Pay in previous calls. "

Four. Article 6 (4) is worded as follows:

" 4. Those projects to which they are assigned will be entered by the Directorate General for Energy Policy and Mines, in the Register of Preallocation of Remuneration, associated with this call. All other applications will be rejected in the call. However, the data subject may submit a new application in accordance with the provisions of paragraph 2 above, where appropriate, by communicating that the documentation submitted is still valid and does not have to be resubmitted. "

Five. A sentence is added at the end of the second paragraph of Article 10.2, with the following wording:

"For these purposes is considered a single point of the distribution or transport network, a substation or a transformation center."

Six. Paragraph 1 (b) of Annex II is worded as follows:

" b) License of works of the installation project, granted by the competent body. In the case of facilities of type I. 1, the contribution of this document shall not be required. '

Seven. Paragraph 4 of Annex IV is without substance.

Additional disposition first. Measurement configuration for new cogeneration installations and their associated consumer.

1. The cogeneration plant and its associated heat and power consumer may share the facilities for connection to the transmission or distribution network, in the terms set out in this provision. The distributor or carrier shall have no legal obligation on such installation.

2. The associated generation and consumption facilities shall be independent, exclusively sharing the facilities of connection to the network, considering, for all purposes, two distinct subjects and facilities.

3. The measurement points of the generation facilities and their associated auxiliary and consumption facilities shall be located in such a way as to permit the direct measurement of the energy generated or consumed, which shall be high at the voltage level of the point Single border affecting them, if applicable, for the relevant losses.

4. Independent access contracts shall be available for the consumption of cogeneration auxiliaries and for the associated consumption.

5. The configuration of the measure must be authorized by the Directorate-General for Energy Policy and Mines, with the agreement of the holder of the cogeneration plant, the holder of the point of supply and the reading officer for each of them.

For these purposes, the holder shall direct an application to the General Directorate of Energy Policy and Mines, accompanied by the documentation certifying the agreement between the parties referred to in the preceding paragraph. The time limit for resolving and reporting shall be six months from the receipt of the application and from the indicated documentation to accompany it. After that time limit, the application shall be deemed to be dismissed.

Against this resolution, which does not end the administrative route, it may be brought before the Secretary of State for Energy, in accordance with Articles 114 and 115 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

6. Authorization of that configuration will involve the following:

(a) The generator and the consumer who share the border point, accept the consequences, that the disconnection of the said point, in application of the current rules, could entail for any of the parties, among them, the Failure of the generator to sell energy to the system and the perception of the remuneration that would have been paid to it, or the inability of the consumer to purchase energy.

(b) The distribution company shall not have any legal obligation relating to the quality of service due to the incidents resulting from failures in the said connection installation.

On request for singular configuration authorization, you must explicitly state that the applicants accept both points.

Additional provision second. Specific economic regime for experimental onshore wind technology facilities.

1. The Ministry of Industry, Tourism and Trade may grant, at a maximum of 160 MW, the right to an additional remuneration for the remuneration of the production market for projects of installations for the production of wind technology on land, on an experimental basis, for the period 2010-2013, through a mechanism for pre-allocation of remuneration.

The economic system of application will be in force for installations of the same technology and power.

2. The facilities referred to in this provision may be of two types:

(a) Facilities set up by experimental units for testing and validation and the holder of which is an entity mainly involved by the technologist and supplier of the equipment or companies of the business group defined in accordance with Article 42 of the Trade Code.

(b) Facilities consisting of test and validation infrastructures for experimental units of one or more technologists and the holder of which is a majority-owned entity by public capital.

By experimental units, prototypes and pre-series of the same are understood, incorporating the relevant modifications, according to the results of the initial tests, and provided that they continue in a process of I + D + i.

3. Installations shall at least comply with the following requirements:

a) The installation shall have a multi-annual R & D + i plan.

(b) At the time of the application of the economic system, the experimental units must have a zero or very small implantation in the world and in no case will have been installed in geographical conditions or existence of the Energy resource analogous to those of the expected location.

(c) The facilities shall be attached to control centres and, in the event of a need for independent control of the different units, their configuration shall be such as to permit action on each of them in a manner independent, through the slogans sent by the system operator.

(d) In the case of installations referred to in paragraph 2.b), the operator shall permit the installation of prototypes of different manufacturers under non-discriminatory conditions.

4. For the assessment of the experimental nature, for the purposes of allocating a specific economic regime under this provision, a report shall be obtained from the competent bodies in the field of R & D and energy of the Autonomous Community. where the installation is located. Information on how many other bodies are deemed appropriate may also be collected in order to safeguard the provisions of paragraphs 2 and 3.

5. The competent authority of the Autonomous Community shall monitor compliance with the requirements associated with the experimental nature of the installation. For this purpose, the operator shall submit, on an annual basis, the requirements of the installation. during the first quarter of each year, a memory of activity to the competent organ of the Autonomous Community, who will transmit, in turn, a copy of it to the Directorate General of Energy Policy and Mines.

The General Direction of Energy Policy and Mines, may establish the minimum content of the above mentioned activity memory, by means of a resolution that will be published in the "Official State Gazette".

6. For the purposes of their possible inclusion in the economic regime referred to in paragraph 1 of this additional provision, for the intended purpose of power, the production facilities of experimental electric power shall have to submit to the procedure for pre-allocation of remuneration as set out in Article 4 of Royal Decree-Law 6/2009 of 30 April 2009 laying down certain measures in the energy sector and approving the social bond.

For this purpose, a subsection of Section 2 of the Administrative Register of Electrical Power Production Facilities referred to in Article 21.4 of Law 54/1997 of 27 November of the Electrical Sector is hereby set up. under the Ministry of Industry, Tourism and Trade. This subsection shall be hereinafter referred to as the 'Preallocation of remuneration register for experimental facilities under the special scheme'.

To be entered in the Register for the provision of remuneration for experimental installations under the special scheme, the installation must comply exclusively with the provisions of paragraphs (a), (b) and (i) of Article 4.3 of the Royal Treaty. Decree-law 6/2009 of 30 April 2009, as well as the recognition of the experimental character, in the terms provided for in paragraph 3 of this provision by the Directorate-General for Energy Policy and Mines.

The deadline for resolving and notifying will be six months from receipt of the application and the indicated documentation to accompany it. After that period the application may be deemed to be dismissed.

The resolutions of the Directorate-General for Energy Policy and Mines provided for in this article do not put an end to the administrative route and, consequently, may be the subject of an appeal to the Secretary of State for Energy, in accordance with Articles 114 and 115 of Law 30/1992 of 26 November 1992 on the Legal Regime of the General Administration and the Common Administrative Procedure.

7. In the case of installations referred to in paragraph 2 (b), they shall have the consideration of unique facilities for the processing of procedures related to access and connection, and may process such procedures without delay. the existence of a full definition of the detail characteristics of the associated wind turbines, to be updated before the start of the operation of the wind turbines.

8. Failure to comply with any of the requirements laid down in paragraphs 2 and 3 of this additional provision, or of the conditions which may be imposed by the authorising decisions, may result in the loss of the economic right associated with the economic regime established by resolution of the Directorate-General for Energy Policy and Mines, without prejudice to any sanctioning procedures that may be initiated.

9. The power associated with the experimental facilities shall be taken into account in the power targets which may be established for the year 2012 and beyond.

Additional provision third. Specific economic regime for innovative solar thermal technology installations.

1. The Ministry of Industry, Tourism and Trade may grant the right to additional remuneration for the remuneration of the production market for projects of installations for the production of electricity from thermoelectric solar technology, innovative character, by means of a tender procedure and up to a maximum of 80 MW.

The tender procedure will be initiated on its own initiative by the Secretary of State for Energy. The contest may be partially or completely deserted if there are no facilities where there is sufficient level of innovation.

2. In the tender procedure, the innovative and opportunity character will be assessed on the one hand, and the economic offer on the downside of the economic regime provided for in Royal Decree 661/2007 of 25 May 2007 for these installations. The weight of each of the above two criteria will be 60 per cent for the first and 40 per cent for the second.

With regard to the innovative and opportunity aspects, the following aspects will be considered in a preferential way: the innovations related to the capacity and possibilities of energy storage, the contribution to the improvement of the security of the system and the state of processing of the projects, in particular the provision of:

a) The concession by the electrical distribution or access point transportation company and firm connection for the entire power of the facility and for the proposed innovative technology.

(b) The administrative authorisation of the facility granted by the competent authority for the proposed innovative technology. In the case of power installations not exceeding 100 kW, this requirement shall not be necessary.

3. The call for tenders may set out tranches for the allocation of power according to the criteria for assessing the aspects referred to in paragraph 2.

4. The remaining conditions of the competition, including the timetable for the entry into operation of the facilities, will be determined in the decision of the Secretary of State for Energy to be published in the Official Journal of the European Union. State. ' In any event, the beginning of the sale of energy through the network may not be produced before 1 January 2014.

5. For the purpose of assessing the innovative nature of the tender procedure, for the purposes of allocating a specific economic system under this provision, the competent bodies for R & D and R & I shall be informed of the energy from the Autonomous Community where the installation is located. Information may also be gathered from how many other bodies are deemed appropriate.

6. The competent authority of the Autonomous Community where the plant is located shall monitor compliance with the requirements associated with the innovative nature of the installation. For these purposes, the operators shall be required to carry out to forward, on an annual basis, during the first quarter of each year, a working memory to the competent authority of the Autonomous Community, which shall, in turn, send a copy of it to the Directorate-General for Energy Policy and Mines.

The Directorate General for Energy Policy and Mines may establish, the minimum content of the above mentioned activity memory, by means of a resolution that will be published in the electronic headquarters of the Ministry of Industry, Tourism and Trade.

7. The Secretariat of State for Energy shall resolve and notify its resolution within a maximum of six months from the date on which the decision to call for the competition will have an effect. After that period has not been notified, the applications submitted may be deemed to be rejected.

Against the decision of the Secretary of State for Energy, which puts an end to the administrative route, it may be possible to request the use of a replacement for the supply, as provided for in Articles 116 and 117 of Law 30/1992, of 26 of November, the Legal Regime of the Public Administrations and the Common Administrative Procedure.

8. The award-winning facilities of the competition shall be registered as a trade mark in the Register of Preallocation of remuneration, with the same values of premiums and reduced limits offered for the projects concerned. The legal arrangements provided for in Royal Decree 661/2007 of 25 May 2007 and in this provision shall apply to them.

9. Failure to comply with any of the conditions laid down in the invitation to tender, or the conditions which may be imposed in the granting decisions, may result in the loss of the economic right associated with the economic system granted, without prejudice to any sanctioning procedures that may be initiated.

10. The power associated with the innovative installations shall be taken into account in the power targets which may be established for the year 2013 and beyond.

Additional provision fourth. Extraordinary reduction of the PV rate for the first pre-allocation call from the entry into force of this royal decree.

1. The values of the rates of PV installations for the first call for registration in the Register of Preallocation of remuneration for which the time limit for the submission of applications is initiated after the entry into force of the This royal decree shall be calculated on the basis of the values resulting from the application of the methodology set out in Article 11.2 of Royal Decree 1578/2008 of 26 September 2008, multiplying them by the following factors:

(a) Facilities of type I. 1: 0,95.

b) Facilities of type I. 2: 0.75

c) Type II facilities: 0.55.

2. The percentage of the reduction in the rate of the tariffs resulting from the mechanism provided for in the previous paragraph shall not be taken into account for the calculation of the power quotas for the following year, as provided for in Article 5.3 of the Royal Decree 1578/2008 of 26 September 2008.

Additional provision fifth. Preparation of a proposal for the amendment of Order ITC/1522/2007 of 24 May establishing the regulation of the guarantee of the origin of electricity from renewable energy sources and high-efficiency cogeneration.

Before 30 November 2010, the National Energy Commission will submit to the Directorate General for Energy Policy and Mines a proposal to amend the Order of 24 May 2007 to the Order ITC/1522/2007 establishing the regulation of the guarantee of the origin of electricity from renewable energy sources and high-efficiency cogeneration, in order to comply with the provisions of Article 27.1 of Directive 2009 /28/EC of the European Parliament and of the Council Council of 23 April 2009 on the promotion of the use of energy from renewable sources and on the promotion of amend and repeal Directives 2001 /77/EC and 2003 /30/EC.

First transient disposition. Ratification of applications for administrative authorisation submitted for installations exceeding 50 MW using renewable energy sources.

Those promoters who, at the entry into force of this royal decree, would have submitted an application for administrative authorisation for a power plant exceeding 50 MW using renewable energy sources, it will have a maximum period of two months, from the entry into force of the royal decree, to ratify it. Failure to do so will mean that the procedure will be dealt with and resolution will be delivered by the Director-General for Energy Policy and Mines, putting an end to it.

Applications for any administrative formalities for offshore wind installations are exempt from this provision.

Second transient disposition. Repayment of the guarantee provided for in Article 124 of Royal Decree 1955/2000 of 1 December 2000 governing the transport, distribution, marketing, supply and authorisation procedures of energy installations power.

The holders of the power production facilities of power exceeding 50 MW, which, by the technology used and requirements, could be eligible under Article 45 of Royal Decree 661/2007, of 25 May, by The regulation of the activity of the production of electrical energy in special regime, may voluntarily desist from the processing of the procedures of administrative authorization and environmental assessment and request the return of the regulated guarantee in Article 124 of Royal Decree 1955/2000 of 1 December 2000 on the transport, distribution, marketing, supply and authorisation procedures for electrical energy installations, without being executed, within two months of the entry into force of this royal decree.

Transitional provision third. Substantial changes in processing to the date of entry into force of this royal decree.

Applications for authorization of a substantial modification of an installation submitted prior to the entry into force of this royal decree may be processed and resolved in accordance with the current regulations the lodging of such an application, provided that the holder of the installation has a purchase agreement signed between the developer of the installation and the manufacturer or supplier of equipment for the purchase of equipment by a the amount equal to at least 50% of the value of all the same fixed in the installation project.

In this case, the owner of the installation must communicate it, together with the supporting documentation of such fact, within the maximum period of two months from the entry into force of this royal decree, to the competent organ, who transmit, in turn, a copy of it to the Directorate-General for Energy Policy and Mines.

Otherwise, it will be understood that it will waive the right and will be within the meaning of Article 4a of Royal Decree 661/2007, of 25 May, which regulates the activity of production of electric power in the special.

The request will be resolved by the autonomic body that will communicate its resolution to the General Directorate of Energy Policy and Mines.

Transitional disposition fourth. Application of certain regulatory changes from the first call for registration in the Register of Preallocation of Remuneration.

The regulatory changes made in paragraphs one, two, three and four of the third article shall apply only on the basis of the first call for registration in the Register of Preallocation of remuneration to be initiated after the entry into force of this royal decree.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to what was established in this royal decree.

Final disposition first. Competitive titles.

This provision is made under the terms of Article 149.1.13ª, 22nd, 25th of the Spanish Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the economic activity, authorisation of electrical installations when used to affect another Autonomous Community or the transport of energy from its territorial and base areas of the mining and energy regime, respectively.

Final disposition second. Regulatory development.

The Minister of Industry, Tourism and Commerce is hereby authorized to issue any provisions necessary for the development of this royal decree.

Final disposition third. Entry into force.

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

Given in Madrid, on November 19, 2010.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade,

MIGUEL SEBASTIAN GASCON