Law 17/2007 of 4 July amended Law 54/1997 of 27 November of the Electrical Sector to bring it into line with the provisions of Directive 2003 /54/EC of 26 June 2003 of the European Parliament and of the Council on rules common to the internal market in electricity and repealing Directive 96 /92/EC.

From that legal modification derives a new model, in which the activity of supply at tariff, as set out in Article 9.f) and the additional twenty-fourth provision of the said Law of the Electrical Sector, ceases to form part of the distribution activity, as required by Directive 2003 /54/EC and the supply becomes fully exercised by the traders in free competition being the consumers of electricity who freely choose their own marketer.

Moreover, in Article 18 of the Law of the Electrical Sector, in the wording given by Law 17/2007 of 4 July, the obligation to create the rates of last resort, which are maximum prices established by the Administration for certain consumers, for whom electricity is conceived as a universal service, as provided for in Directive 2003 /54/EC. In this context, it is available that the rates of last resort, which will be unique throughout the national territory, will be the maximum and minimum prices charged by the traders who, in accordance with the provisions of Article 9 (f), assume the supply obligations of last resort, to the consumers who, in accordance with the rules in force for these tariffs, are engaged in the same.

This mentioned article 9.f) of the aforementioned Sector Law, provides that the government, after consulting the autonomous communities, will determine the marketing companies that must assume the obligation to supply the last resort. This determination is made, for the first time, in Article 2 of this royal decree. To this end, traders with sufficient means have been considered to be able to assume the risk of a free activity to which an additional obligation is imposed, the supply to consumers in low voltage at a maximum and minimum price and perform the activity with clearance of accounts, differentiated from the free supply activity.

In addition to this designation, this royal decree regulates the implementation of the supply of last resort. To this end, it is necessary to specify, first, the legal system to apply to consumers entitled to the rate of last resort, once the market has disappeared at a rate.

Similarly, it is necessary to introduce the relevant measures as regards the determination of the prices to be paid by those consumers who are temporarily not in possession of a supply contract in force with a marketer.

Finally, measures are put in place to apply for distribution and marketing companies so that the transfer to the supply of last resort is compatible with the promotion of competition.

This royal decree has been submitted to the National Energy Commission's mandatory report, to be heard and to be consulted by the autonomous communities through the Electricity Advisory Council of the National Energy Commission. National of Energy and submitted to the Government Delegation for Economic Affairs, at its meeting on March 26, 2009.

This regulation is of a basic regulation and contains forecasts of a technical and economic nature, which is why the law is not an appropriate instrument for its establishment and, consequently, its approval by royal decree.

In its virtue, on the proposal of the Minister of Industry, Tourism and Trade, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers in its Meeting of the day 3 April 2009,

DISPONGO:

Article 1. The object and scope of the last resource provisioning.

1. It constitutes the object of this royal decree the regulation of the implementation of the supply of last resort.

2. On July 1, 2009, the full electricity rates are extinguished.

3. Only final-rate tariffs may be granted to final consumers of low voltage connected electrical energy whose contracted power is less than or equal to the legally established limit, as provided for in the provision Twenty-fourth of Law 54/1997, of 27 November, of the Electrical Sector and the additional eleventh provision of this royal decree.

Item 2. Designation of last resort marketers.

1. They shall assume the obligation of supply of the last electric energy resource, throughout the national territory, the following energy trading companies:

a) ENDESA ENERGY XXI, S. L.

b) IBERDROLA MARKETING OF LAST RESORT, S. A. U.

c) UNION FENOSA METRA, S.L.

d) HYDROTALABRIC ENERGY LAST RESORT, S. A. U.

e) E. ON MARKETING OF LAST RESORT, S. L.

2. The designation of the traders of last resort shall be reviewed at least every four years.

Article 3. Rights and obligations of last resort marketers.

1. In addition to the rights and obligations established for the traders in Article 45 of Law 54/1997 of 27 November 1997, of the Electrical Sector, in the wording given by Law 17/2007 of 4 July, the traders of last resort have an obligation to meet requests for the supply of electricity from those consumers who are entitled to benefit from the rate of last resort.

The rate of last resort shall be the maximum and minimum price that may be charged by the traders of last resort to the consumers who are engaged in such a charge, as laid down in Article 18.1 of the said Law of Electrical Sector. A consumer will be understood to be in the rate of last resort when he contracts and is supplied by a marketer of last resort.

2. In addition, the marketer of last resort belonging to the business group that owns the network in a distribution zone must meet the supply of those consumers who, without having the right to avail themselves of the last (a) the use of a supply contract in force with a marketer and continue to consume electricity. In case the consumer belongs to a distribution zone where there is no marketer of last resort belonging to the business group that owns the network, the marketer of last resort will be the one belonging to the group business owner of the network to which its distribution zone is connected.

The price to be paid by these customers for the electricity consumed during the period in which they lack a contract in force with a marketer will be fixed by order of the Minister of Industry, Tourism and Trade, prior to Agreement of the Government Delegation for Economic Affairs. This price will evolve over time in a way that encourages the signing of the corresponding contract.

3. The marketer of last resort shall be exempt from the obligation laid down in the preceding paragraph where the supply or prior access contract has been terminated for non-payment. In these cases, the distributor will apply to those consumers the provisions of Article 86.2 of Royal Decree 1955/2000 of 1 December 2000 on the transport, distribution, marketing, supply and procedures for the authorisation of electrical energy installations.

4. The traders of last resort shall keep separate accounts in their accounts, differentiating the revenue and expenditure strictly attributable to the supply to those consumers covered by the rate of last resort.

Article 4. Start of last resource provisioning.

1. From 1 July 2009, consumers supplied by a distributor who have not chosen to choose a marketing undertaking shall be supplied by a trader of last resort. Such marketer shall succeed the distribution company with the rights and obligations laid down in Article 45 of Law 54/1997 of 27 November of the Electrical Sector.

2. From that date, consumers supplied by a distributor who have not chosen to choose a marketing undertaking will become supplied by the marketer of last resort belonging to the business group of the company. distributor of your area.

In cases where the distribution company belongs to more than one business group that has a marketing company of last resort, the distribution company will designate the company or the marketing companies of the last resort. the use of their business groups to which customers who would not have opted for another marketing group will be transferred. For these purposes, the distribution company must communicate the selected company or companies to the Directorate General for Energy Policy and Mines and the National Energy Commission by 1 June 2009, detailing the criteria for client assignment.

In cases where the distribution company does not belong to any business group that has a marketing company of last resort, the distribution company may choose the marketing company to which it transfers customers who have not opted for another marketing. The distribution company must communicate the selected company, accompanying the certification of acceptance of the chosen marketing company, to the Directorate General of Energy Policy and Mines and to the National Energy Commission before 1 of June 2009.

3. In the case of distribution companies that within the period indicated in the previous paragraph have not communicated the chosen marketing company to the General Directorate of Energy Policy and Mines, the consumers of these distribution companies shall be supplied by the marketer of last resort belonging to the business group that owns the network to which its distribution zone is connected. In the cities of Ceuta and Melilla they will be transferred to the company ENDESA ENERGY, XXI S.L.

In cases where the distribution company belongs to more than one business group that has a marketing company of last resort its consumers will pass to the marketer of last resort of the group of the distributor that has greater participation in the same.

In cases where the distribution company does not belong to any business group that has a marketing company of last resort and is connected to more than one distributor whose business groups do have Last resort marketer, its consumers will pass to the last resort marketer of the group of the distributor through which it receives a greater amount of energy annually.

4. If, in addition, the distributor had not provided the Office of Supplier Changes with the information in its database of supply points in such a way that the transfer of its customers to the Office of the Supplier could not be made effective on 1 July 2009. the trading company belonging to the business group that owns the network to which its distribution zone is connected, the distributor shall be subject to the consideration of the final consumer.

The marketer of last resort belonging to the business group that owns the network to which its distribution zone is connected will invoice that distributor, for the energy they had to acquire for the customers who do not have contracted their energy with a marketer, at the price established by the Minister of Industry, Trade and Tourism as provided for in Article 3.2 of this royal decree.

5. The distribution companies shall communicate to their customers the marketing undertaking to which they shall be transferred if they have not voluntarily opted for another marketer, on an invoice which they send to them before 15 June 2009.

Article 5. Legal status of consumers with a rate of last resort.

1. For all intents and purposes, consumers at the rate of last resort will be regarded as consumers on the liberalised market.

2. Notwithstanding the foregoing, the provisions relating to the supply at a rate laid down in Section 4. of Chapter I of Title VI of Royal Decree 1955/2000 of 1 December 2000 on the activities of the European Community in the field of transport, distribution, marketing, supply and authorisation procedures for electrical energy installations, as long as this royal decree is not adapted to the provisions of Law 54/1997 of 27 November 1997, of the Electricity Sector and the Law 17/2007 of 4 July amending Law 54/1997 of 27 November 1997 on the Electricity Sector adapt it to the provisions of Directive 2003 /54/EC of 26 June 2003 of the European Parliament and of the Council on common rules for the internal market in electricity and repealing Directive 96 /92/EC.

Article 6. Measures to promote competition.

1. Within 15 days of the entry into force of this royal decree, the distribution companies must provide, through their website and each time they are required by a consumer, the list of marketing companies provided by the National Energy Commission with their respective customer service telephone numbers and web page addresses, specifying which ones have assumed the obligation of last resort supply.

2. If a consumer with the last resort tariff that is supplied by a marketer of last resort chooses to change the marketer, neither the marketer of the last original resource nor any other marketing company of its own Business group may make counter offers with that consumer until one year.

Once the change is made, neither the original marketer nor any other trading company of the same business group may contract the supply with that consumer within one year, without prejudice to the established in Article 3 of this royal decree.

3. By order of the Minister of Industry, Tourism and Trade, the conditions for making the change of supply to the traders of last resort can be established, where appropriate.

Article 7. Methodology for calculating and reviewing the last resort fees.

1. For the calculation of the last resort tariffs, the following concepts shall be included in their structure:

(a) The cost of production of electrical energy, which shall be determined at least semi-annually based on the prices of the forward markets.

b) The access tolls that correspond.

c) The marketing costs that correspond.

2. In accordance with the methodology set out in the previous paragraph, the Minister for Industry, Tourism and Trade, by ministerial order, after agreement of the Government Delegation for Economic Affairs, will dictate the necessary provisions for the establishment of these last resort tariffs by determining their structure in a manner consistent with the access charges. For these purposes, the Minister of Industry, Tourism and Trade may review the structure of low-voltage access rates to adapt them to the rates of last resort and ensure the additivity of the tariffs.

The Minister of Industry Tourism and Commerce will also be able to regulate mechanisms of energy acquisition by the marketers of last resort with mandatory character. The Minister of Industry, Tourism and Trade will be able to review the access charges for the additivity of the last resort tariffs.

3. The Directorate-General for Energy Policy and Mines shall at least semi-annually review the cost of electricity production by applying the methodology set out in paragraph 1 above. This cost will be the one that will automatically integrate the General Directorate of Energy Policy and Mines in the revision of the rates of last resort, in order to ensure their additivity. To this end, the National Energy Commission shall draw up a specific proposal setting out for each tariff section the amount corresponding to its maximum and minimum price.

4. The marketing undertakings of last resort shall forward to the Directorate-General for Energy Policy and Mines the forecast of their respective load curves for the period of calculation of the cost of energy under the conditions which are established on the orders of the Minister for Industry, Tourism and Trade.

Additional disposition first. Failure to comply with plans for the installation of measurement and control systems and equipment.

The Minister of Industry, Tourism and Trade is hereby authorised to pay the remuneration to the distribution undertakings established in Royal Decree 222/2008 of 15 February establishing the scheme, by order of order. remuneration of the electrical energy distribution activity, for the following reasons:

(a) Failure to comply with the objectives of the installation plans for power control elements referred to in Article 10 of Royal Decree 1454/2005 of 2 December 2005 amending certain provisions relating to the electrical sector.

b) Do not have the approved systems and equipment in accordance with the provisions of Article 9.8 Royal Decree 1110/2007 of 24 August, approving the unified regulation of measurement points and in the provision First of 28 December, the first of the Order ITC/3860/2007, for which electricity tariffs are revised from 1 January 2008.

Additional provision second. Power closure on the market.

1. The balance resulting from the difference between the losses of transport and distribution and the standard losses used in the balance sheet procedure of the system as a whole shall be considered as an income or a liquidable cost of the system; and as such shall be included in the liquidations of the regulated activities.

2. The System Operator shall make an annual assessment report of the differences referred to in the previous paragraph. Every four years, it may, where appropriate, make a proposal to revise the percentages of the standard losses, in order to minimise the differences with the actual losses.

Additional provision third. Coordination of the subjects in the operation of the system.

The proposals for technical and instrumental operating procedures necessary for the proper technical management of the system, which, in accordance with Article 31 Royal Decree 2019/1997 of 26 December 1997, is organized and regulated the market of electricity production, be presented by the Operator of the System for approval by the Ministry of Industry Tourism and Commerce, must be accompanied by the report of the representatives of all the system subjects as defined in Article 9 of Law 54/1997 of 27 November of the Sector Electrical.

The System Operator will inform the subjects referred to in Article 9 of the Electrical Sector Act of the incidents that occur in the exercise of their competencies. For these purposes, the System Operator shall have a specific service to such subjects.

Additional provision fourth. Market Operator Financing.

1. In accordance with the provisions of Article 16.9 and the transitional provision of the current Electricity Sector Law, starting on the first day of the month following the date to be established, the Market Operator shall initiate its financing, in whole or in part, through the prices charged to the market-generating subjects to be determined by the Secretary-General of Energy of the Ministry of Industry, Tourism and Trade, both the ordinary and the regime This is a special issue, which will act in the area of the Iberian Electricity Market. From that date, the financing will disappear through the collection resulting from the quotas applied on the billing of tariffs and tolls, and the National Energy Commission will not collect them.

The difference, positive or negative, that occurs between the amount resulting from the collection of the generators and the one that is established annually by the Ministry of Industry, Tourism and Commerce will have the consideration of income or liquidable cost, and will be included in the process of liquidations of the National Energy Commission.

Additionally, the Market Operator or the affiliated or affiliated companies of the business group may receive the remuneration corresponding to other functions that may be assigned to them in the development of the Law 54/1997 of 27 November of the Electrical Sector or Law 34/1998 of 7 October of the Hydrocarbons Sector.

2. These prices shall be fixed by the Ministry of Industry, Tourism and Trade and may include a fixed term, function of the net power available from their facilities and/or a variable term for the energy shown in the last schedule end of each hour.

Additional provision fifth. Additional safeguards.

The Minister of Industry, Tourism and Trade is authorised to transfer the clients of a marketing company to a marketing company of last resort in cases where the said Minister of Industry, Tourism and Commerce has been subject to a reasoned hearing. the trading company is in a process of default or does not have the guarantees that are required for the development of its business. The transferred customers must be supplied by the trader of last resort under the conditions laid down by ministerial order. The foregoing shall be without prejudice to the penalties which may be imposed in accordance with the provisions of Title X of Law 54/1997 of 27 November of the Electrical Sector.

Additional provision sixth. Distributors ' energy procurement contracts.

The distribution companies will proceed to sell the committed energy procurement contracts in a mandatory manner until 30 June 2009 in the markets in time and with delivery from 1 July 2009 in the conditions to be determined by the Minister for Industry, Tourism and Trade.

The revenues or costs arising from the sale of such contracts shall be considered as income or liquidable costs of the system.

Additional provision seventh. Representation of certain installations of the special scheme.

1. The application of the provisions of the transitional provision sixth of Royal Decree 661/2007 of 25 May 2007 governing the activity of the production of electrical energy under special arrangements is hereby extended until 30 June 2009.

2. As from 1 July 2009, the installations which had chosen option (a) of Article 24.1 of Royal Decree 661/2007 of 25 May 2007 were selling their energy in the system of offers managed by the Market Operator. by undertaking offers through a distribution company acting as a representative of last resort, in accordance with the provisions of the sixth transitional provision of the said royal decree, as long as the holders of the facilities do not communicate their intention to operate through another representative, they will be represented, on behalf of an employed person, by the marketer of last resort belonging to the business group that owns the network of the distribution area to which they are connected.

In case the generator belongs to a distribution zone where there is no last resort marketer belonging to the business group that owns the network, the marketer of last resort will be the to the business group that owns the network to which its distribution zone is connected.

In addition, it shall also apply as set out in the preceding paragraphs for installations that have chosen option (b) of Article 24.1 of Royal Decree 661/2007 of 25 May 2007, from the first day of the month following the date of the entry into service act until the date on which it initiates its effective participation in the production market.

The market representation managed by the Market Operator of the facilities that would have chosen option a) of Article 24.1 of Royal Decree 661/2007, of 25 May, will always be in its own name and on behalf of

3. The marketing undertaking of last resort shall, as from 1 July 2009, receive the special scheme which has chosen option (a) of Article 24 (1) of Royal Decree 661/2007 of 25 May 2007, when it acts as its representative, a Maximum price of EUR 5 /MWh, as a representation on the market.

If the marketer of last resort was declared as a dominant operator of the electricity sector by the National Energy Commission or was a legal person belonging to an enterprise or group of companies that had this condition, this price, shall be fixed at 10 €/MWh.

4. From 1 July 2009, the National Energy Commission shall liquidate the equivalent premiums, premiums and incentives, as appropriate, as well as the allowances for all installations covered by the special scheme.

The "equivalent premium" of the special scheme facilities, in the option of sale at tariff, is understood as the difference between the net energy actually produced valued at the price of the regulated tariff corresponding to it and the settlement by the Market Operator and the System Operator, without prejudice to Article 34 of Royal Decree 661/2007 of 25 May 2007.

5. The National Energy Commission is enabled to define, by means of circular, the reporting obligations of the necessary information and the corresponding settlement procedure, as well as the procedure for the communication of the changes of representative of the special scheme facilities.

Additional disposition octave. Deficit of regulated activities in 2006.

1. The existence of a revenue shortfall in the liquidations of the regulated activities of the electricity sector generated in 2006, including the minoration of the remuneration for 2006 of the activity of production of electrical energy in the amount equivalent to the value of the greenhouse gas emission allowances allocated free of charge, amounting to a value at 31 December 2006, of EUR 2,258,543,500,63.

This amount will be recovered through the electricity charge for a period of fifteen years from 1 January 2007. The outstanding amount of payment shall be in the interest of updating each year from 31 December 2006.

The amount of interest shall be annual, applying the EURIBOR three months from the average of the contributions for the month of November of the year preceding the amount to be recovered at 31 December of each year.

2. The amount collected shall be distributed among the undertakings in the amounts set out in the table below:

IBERDROLA, S. A.	810,907,331.66 €
UNION FENOSA, S. A.	262,702,293,56 €
CANTABRIAN HYDROELECTRIC POWER, S. A.	127,042,059,30 €
ENDESA, S. A.	1.017.237.502, 12 €
ELCOGAS, S. A.	53,155,713.99 €

3. The holders of the receivables may give them to third parties by first notifying the National Energy Commission and the General Secretariat of Energy.

Additional provision ninth. Review of access fees from 1 July 2009.

From 1 July 2009 until the end of the tariff deficit, prior to the necessary formalities and reports, the Minister of Industry, Tourism and Trade will be able to review the access rates to ensure the additivity of the last resort rates.

Additional provision 10th. Review of the rates to be applied for the determination of the tax rate to be entered in the National Commission.

According to the sixth paragraph of paragraph 2 of the additional provision of Law 34/1998 of 7 October of the Hydrocarbons Sector, the types of charges referred to in points (a) and (b) of the first subparagraph of Article 4 (2) of the Law No 34/1998 of 7 October 1998 are reviewed. 1.e), 2.f) and 3.e) of paragraph 2 of the same provision, being fixed from the entry into force of this royal decree in the following values:

(a) In liquid hydrocarbon sector the rate at which the tax base will be multiplied to determine the tax rate to be entered in the National Energy Commission is 0.129 euros/Tm.

b] In the Electricity Sector, the rate at which the tax base will be multiplied to determine the tax rate to be entered in the National Energy Commission is 0.185 percent, for the tolls referred to in Article 18 of the The Law of the Electrical Sector.

c] In the gaseous hydrocarbon sector, the rate at which the tax base will be multiplied to determine the tax rate to be entered in the National Energy Commission is 0.153 percent.

Additional provision eleventh. The power limit for the application of the last resource supply.

From 1 July 2009, only consumers of low voltage connected electrical energy whose contracted power is less than or equal to 10 KW will be eligible for last resort tariffs.

However, in accordance with the provisions of the additional twenty-fourth provision of Law 54/1997 of 27 November of the Electrical Sector, this power limit may be amended by order of the Minister for Industry, Tourism and Trade.

Additional disposition twelfth. Unification of the marketing companies of last resort.

Business groups having at the same time the supply obligations of last resort in the electricity and gas sectors may proceed to unify those obligations in a single marketing undertaking. resource.

For these purposes, these business groups will have to submit their request to the Ministry of Industry, Tourism and Commerce, indicating the name of the company that will assume the obligations of last resort in both sectors. The Ministry of Industry, Tourism and Trade shall determine the date from which the transfer to that company of consumers covered by the tariff of last resort shall be effective.

Additional disposition thirteenth. Market customer transfer information at rate to the supply of last electric power resource.

Power distribution companies will have to include in all invoices that they send to their customers with a contract in effect on the market at tariff, from the first invoice issued from the entry into force of this royal decree and until 1 January 2010, the corresponding letter in the Annex.

Additional disposition fourteenth. Electricity and gas energy bills.

The General Directorate for Energy Policy and Mines may set the minimum content and format of the invoices to be submitted by the traders of last resort for electricity and gas to consumers.

Also, the General Directorate of Energy Policy and Mines will be able to determine how to estimate consumption when these do not correspond to actual readings.

Additional provision 15th. Particularities in the application of the supply of last resort in the Insular and Extraceninsular Systems (SEIE).

The placing on the market of the last resort of electrical energy in island and extra-island systems will be governed by the general provisions applicable in the peninsular electrical system with the particularities that are established below:

a) The last resort marketers in these systems will acquire the electrical power for the supply to their consumers of last resort in the energy dispatch corresponding to each SEIE.

(b) The purchase price for this energy shall be the cost of production of electrical energy approved by the Directorate-General for Energy Policy and Mines referred to in Article 7, applying the methodology established in the paragraph 1 of that Article.

(c) The National Energy Commission will liquidate the generators under ordinary rules for the concepts set out in Article 18.2 of Royal Decree 1747/2003 of 19 December 2003 regulating electrical systems island and extra-island, in relation to the energy sold in the office to the traders of last resort the difference between the cost of the energy acquired by the commercializers of last resort, valued at the final price generation in each SEIE (PFG (h)), and the cost of that same energy valued at the price of the acquisition of the marketing of the last resort referred to in the preceding paragraph.

First transient disposition. Listing of marketers.

1. Within 21 working days of the entry into force of this royal decree, the marketing companies that so wish must submit their customer service telephone number and website address to the National Energy Commission, to be included in the list of traders referred to in Article 6.

2. The National Energy Commission shall publish and keep up to date the list on its website before 30 working days have elapsed since the entry into force of this royal decree.

Second transient disposition. Transitional arrangements for distributors covered by the transitional provisions of Law 54/1997 of 27 November 1997.

1. Until 1 July 2009 or up to the date of its inclusion in the scope of the Royal Decree 2017/1997 of 26 December 1997, the distribution undertakings to which the transitional provision of the Law is applied 54/1997, of 27 November, of the Electrical Sector, they will be able to continue to acquire the energy for their customers to the distributor to which their networks are connected.

The energy acquired will be the sum of the following terms:

a) The energy injected into your networks through the distributor to which you are connected, measured at the border points. Such energy shall be provided for the energy of the qualified customers that the distributor has connected to its network.

(b) The energy poured into their networks by the special scheme facilities which have chosen the mode of sale of energy on the production market raised to the level of tension of the border point with the distributor to which it is connected. (In case there are different connection border points at different voltage levels, it will be raised to the level of voltage by which it will acquire the most energy).

The price at which the distributor will invoice this energy will be the price corresponding to the price of the voltage level to which the distributor is connected to which the transitional provision of Law 54/1997 is applied, 27 November of the Electricity Sector, of those listed in the table below and shall apply both to the power and to the energy demanded. The allowances for time discrimination and reactive energy shall also apply. These prices will be increased monthly from 1 April 2009 by 3 percent.

Sales prices to distributors in January 2009

Escalations	Power Term	Power Term
	Tp: €/kW month	Te: €/kWh
than 1 kV and not greater than 36 kV	2.733649	0.068824
	2,580436	0.065655
	2,515924	0.063353
	2.435286	0.061625

The revenues of the distributors of more than 100,000 customers from such billings will be considered for liquidable income.

As of 1 January 2009, the compensation scheme established for the distribution companies which were included in the transitional provision 11 of Law 54/1997 of 27 November of the Sector Electric, except the compensation scheme for energy purchases under the special scheme in the terms set out in the following transitional provision.

2. During the period laid down in the preceding paragraph, where the companies distributing the transitional provisions of Law 54/1997 of 27 November 1997 of the Electricity Sector opt for the purchase of electric power, the For the supply to its consumers at tariff on the market of electricity production they will have to request to the Directorate General of Energy Policy and Mines their inclusion in the system of liquidations of the Royal Decree 2017/1997, 26 of December, in accordance with the provisions of paragraph 1 of the second provision of the Royal Decree 222/2008, of February 15.

In such an application they must indicate the chosen mode of acquisition of electrical energy in the production market by attaching the corresponding supporting documentation, either to act directly on the market or to be represented and the System Operator's certification that its border points are discharged at the main hub. Also, if they have special regime facilities connected to their networks, they must inform the distribution company to which they are connected and the National Energy Commission of the details of these facilities and the option of the sale chosen by them, including accreditation of that communication to the request addressed to the Directorate-General for Energy Policy and Mines.

The Directorate-General for Energy Policy and Mines will resolve the request by expressly stating the date on which the new remuneration scheme is initiated which, in any event, will coincide with the first day of the month following that of the date of of the resolution, and the energy acquisition mode chosen by the company.

3. In such cases, the distribution companies will be able to purchase the electricity for the supply to their consumers at tariff on the electricity production market according to the following modalities:

1. Through the distribution company of more than 100,000 customers to which their lines are connected and, in case they are not directly connected to any of them, to the nearest one. In case of being connected to two or more distribution of more than 100,000 customers, to the one by whose connection they receive an increased amount of energy annually. For this purpose, the undertaking acting as the representative of last resort shall invoice the energy acquired for the distributor to which it represents, in each programming period, the average cost of acquisition of the representative distributor in that programming period.

2. Acceding directly to the market or through a representative of the production market.

For the purposes of the liquidations of Royal Decree 2017/1997 of 26 December 1997, the cost recognised to the distribution companies covered by the transitional provision of Law 54/1997 of 27 November 1997 in the Sector Electric, by the energy acquisitions for their supplies at tariff, will be the one established in article 4.e) of the royal decree.

The weighted average price, resulting from the liquidation period, will be, according to the option for which the host company has opted for the 11th transitional provision of Law 54/1997 of 27 November 1997, one of the following:

(a) In the case of acquiring energy in accordance with the first paragraph of this paragraph, the average price to be applied, in the settlement period, to the average cost of energy acquisition of the distributor acting as representative of last resort to energy acquisitions for the company distributing the transitional provision 11th of Law 54/1997 of 27 November.

(b) In the case of acquiring energy in accordance with the second paragraph of this paragraph, the weighted average price resulting in the liquidation period, plus 3 €/MWh, for the energy acquisitions of the latter.

Transitional provision third. Adaptation of the traders covered by the third transitional provision of Order ITC/3860/2007 of 28 December.

Those companies which, upon the entry into force of this royal decree, exercise their activity as traders in the terms and conditions laid down in the third transitional provision of Order ITC/3860/2007, 28 of December, for which the electricity tariffs are revised from January 1, 2008, will be automatically authorized to exercise the marketing activity and registered in the Administrative Registry of Distributors, Traders and Direct Consumers in Market.

For these purposes, the Directorate-General for Energy Policy and Mines will apply the relevant registration in the relevant sub-section of the market, and notify the registration number to the Interested company.

Transitional disposition fourth. Financing of the National Energy Commission until 1 July 2009.

In accordance with the provisions of the transitional provision septima.1 of Law 12/2007 of 2 July, amending Law 34/1998 of 7 October of the Hydrocarbons Sector, in order to adapt it to the provisions of the Directive 2003 /55/EC of the European Parliament and of the Council of 26 June 2003 on common rules for the internal market in natural gas, as provided for in the transitional provision second to Law 17/2007 of 4 July 2003, and the Article 1.2 of this Royal Decree, until 1 July 2009, in addition to the provisions of paragraph 2, Second (c) of the additional provision of Law No 34/1998 of 7 October 1998, of the Hydrocarbons Sector, will be the taxable amount of the charge for the financing of the National Energy Commission for the turnover derived from the application of the the electricity tariffs referred to in Article 17 of the Law of the Electrical Sector. In this case, the rate at which the tax base will be multiplied to determine the tax rate to be entered in the National Energy Commission is 0.062 percent.

Transient disposition fifth. Mechanism for the sale and settlement of energy for special scheme facilities connected to a distributor of the 11th transitional provision of Law 54/1997 of 27 November of the Electricity Sector until 30 June 2009 or until the effective application date of the last resource rate.

1. Until 30 June 2009, special scheme facilities connected to a distributor of those referred to in the 11th transitional provision of Law 54/1997 of 27 November of the Electricity Sector which are not covered by the the system of liquidations of the Royal Decree 2017/1997, of 26 December, in accordance with the provisions of paragraph 1 of the second provision of the Royal Decree 222/2008, of 15 February, will continue to apply the provision Royal Decree 661/2007, sixth transitional, of 25 May.

In these cases, the distribution companies will be compensated by the National Energy Commission, according to the option of sale chosen by the special regime facilities, according to the following:

(a) Option for the sale of Article 24.1.a) and, where applicable, Article 26 of Royal Decree 661/2007 of 25 May 2007, or equivalent option of the first transitional provision of the said royal decree: for the difference between the purchase price of electricity to each of the producers of the special scheme and the price which would correspond to this energy invoiced at the rate applicable to the distributor, as well as the supplements paid by the distributor to the operator of the installation. This compensation, which may be positive or negative, shall be determined and settled by the National Energy Commission.

b) Option for the sale of Article 24.1.b) of Royal Decree 661/2007 of 25 May 2007 or equivalent option of the first transitional provision of the said royal decree: the premiums, incentives and allowances paid by the distributor to the installation holder.

The amounts corresponding to these concepts will be considered liquidable costs of the system and will be subject to the corresponding general settlement process by the National Energy Commission, in accordance with the Royal Decree 2017/1997 of 26 December.

For cases where the energy discharged by the special regime facilities connected to the distributor exceeds the demand of its customers at tariff, the General Directorate of Energy Policy and Mines will establish the mechanism compensation for the purposes of the corresponding economic settlement.

2. From 1 January 2009 until 30 June 2009, the holders of the facilities connected to a distributor of those referred to in the transitional provision of the 11th of Law 54/1997 of 27 November of the Electrical Sector, which is to the settlement system of the Royal Decree 2017/1997 of 26 September, in accordance with the provisions of paragraph 1 of the second provision of Royal Decree 222/2008 of 15 February, which have chosen option b) of the Article 24.1 of Royal Decree 661/2007 of 25 May 2007 from the first day of the month to the entry into service effective entry on the market, or those which have chosen option (a) of the same Article, as soon as the operator of the plant does not communicate his intention to operate through another representative, they shall be represented on his own account and settled by the distribution company of more than 100,000 customers to which the host distributor is connected to the said transitional arrangement 11th and, in the event of not being directly connected to any, to the nearest one.

In addition, the latter undertaking shall carry out the liquidation of the equivalent premiums or, where appropriate, the premiums and incentives, as well as the supplements to which they apply, to the facilities which are connected to a distribution of those referred to in the transitional provision of the 11th of Law 54/1997 of 27 November of the Electrical Sector, which is coupled to the settlement system referred to in paragraph 1 of the second provision of the Royal Decree 222/2008, of 15 February, will be carried out, from the date on which the distributor is received, by the National Energy Commission, as provided for in Article 30 of Royal Decree 661/2007, of 25 May.

The distributor who exercises the representation of last resort shall be subject to the provisions of the transitional provision sixth of that Royal Decree 661/2007 of 25 May 2007 for the representative of last resort.

Single repeal provision. Regulatory repeal.

1. From the entry into force of this royal decree are repealed:

(a) Articles 176, 177, 178, 179, 180, 189, 200, 201, 202, 203 and 204, and paragraphs 2.1 and 2.2 of the Annex to Royal Decree 1955/2000 of 1 December 2000 on the transport, distribution and distribution activities, marketing, supply and authorisation procedures for electrical energy installations.

(b) Article 16.2 of Royal Decree 1747/2003 of 19 December 2003 regulating island and extra-island electrical systems.

2. Any other provision of equal or lower rank shall also be repealed in so far as it objects to the provisions of this royal decree.

Final disposition first. Amendment of Royal Decree 2019/1997 of 26 December on the organisation and regulation of the electricity production market.

The Royal Decree 2019/1997 of 26 December, which organizes and regulates the electricity production market, is amended in the following terms:

One. In Article 9, paragraph 3 is added, with the following wording:

" 3. Holders of generation facilities who have entered into bilateral contracts with physical energy delivery shall submit bids for purchase in the daily market for the total energy volume equal to that committed in those contracts. at a price that reflects the opportunity cost of such facilities. "

Two. Article 10 is amended as follows:

" Once the offers of sale or purchase of electricity would have been accepted by the market operator and the deadline for its submission would have been closed, the appeal will be made for each period of programming, starting from the cheapest offer of sale by applying the appeal procedure laid down in the Rules on the Functioning of the Market.

The result of the appeal will determine the marginal price for each programming period, which will be the price resulting from the balance between the supply and demand for electricity offered in the same, as well as the energy committed by each of the players in the daily production market on the basis of the takeover and sales offers assigned in that appeal. The result of the appeal shall also include the order of economic precedence of all the units of purchase or sale on which the tender was submitted, even if they were not brought into the appeal.

The appeal process will incorporate the mechanisms of separation or coupling of markets with other countries to be determined at any time by the Ministry of Industry, Tourism and Trade. "

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

The Royal Decree 1955/2000 of 1 December 2000 is amended to regulate the transport, distribution, marketing, supply and authorisation procedures of electrical power installations, in the following terms:

One. Paragraph (c) of Article 71.2 is read as follows:

"(c) To be able to acquire electrical energy in order to supply its customers, they must present to the System Operator, the Market Operator and the distribution companies, the guarantees that are required."

Two. Paragraph (f) of Article 71.2 is amended, the wording of which shall be as follows:

" (f) Communicate to the Ministry of Industry, Tourism and the competent Administration the information to be determined on access rates or tolls, prices, consumption, invoices and sales conditions applicable to the consumer, consumer distribution and corresponding volume by consumer categories, as well as any activity related information that they develop within the electrical sector. "

Three. Article 73 is worded as follows:

" 1. In cases where the authorization of the marketing activity corresponds to the General Directorate of Energy Policy and Mines of the Ministry of Industry, Tourism and Commerce, the interested party will ask this management body to submit the next documentation:

(a) Writing of the company's constitution duly registered in the Trade Register or equivalent in its country of origin which accredits the compliance with the legal conditions referred to in this Article.

(b) Accreditation of the economic and technical capacity of the undertaking in accordance with the provisions of this Article.

In any case, the interested party may be asked for further documentation necessary to prove the due legal, technical or economic capacity of the company.

2. In order to prove their legal capacity, the undertakings which carry out the marketing activity must be a commercial company or equivalent in their country of origin in the case of which there are no limitations or reservations for the exercise of that activity. They shall also provide proof in their statutes of their ability to sell and purchase electricity and to comply with the requirements for the separation of activities and accounts laid down in Articles 14 and 20 of Law 54/1997 of 27 November 1997. Electrical Sector.

3. Undertakings which are intended to carry out the marketing activity in order to establish their technical capacity must meet the requirements of the buyers in the market for the production of electrical energy in accordance with the Technical Operation Procedures and, where applicable, the Rules of Operation and Settlement of the Production Market.

4. In order to prove the economic capacity, the companies that wish to carry out the marketing activity must have submitted to the System Operator and to the Market Operator the guarantees that are required for the acquisition of energy in the electricity production market in the Technical Operation Procedures and the corresponding Market Operating and Settlement Rules respectively.

Before making your application to the General Directorate of Energy Policy and Mines of the Ministry of Industry, Tourism and Commerce, the person concerned must complete the requirements set out in paragraphs 3 and 4 above. System operator and, if applicable, to the Market Operator. For these purposes, the maximum period between the issuance of the certifications and the request to the General Directorate of Energy Policy and Mines of the Ministry of Industry, Tourism and Commerce will be one month. "

Four. Article 188 (2) is worded as follows:

" 2. The registration procedure in this section of the register shall consist of a single stage of final registration. "

Five. Article 190 is worded as follows:

" The final registration of the marketing undertaking shall be made in this section of the register once it has been authorised in accordance with Article 73.

To do this, you must direct the application for definitive registration with the General Directorate of Energy Policy and Mines of the Ministry of Industry, Tourism and Commerce. Where the authorisation is for the same management body, it shall be dealt with jointly. In the event that the authorization corresponds to the Autonomous Community, the Autonomous Community shall transfer to the General Directorate of Energy Policy and Mines within a maximum of one month of the application for registration, as well as of the accompanying documentation. "

Six. Article 191 is worded as follows:

" The notification of the final registration will be made by the General Directorate of Energy Policy and Mines.

In the event that the application for registration has been filed in an Autonomous Community, the formalization of the registration will be communicated to it. "

Final disposition third. Amendment of Royal Decree 1068/2007 of 27 July 2007 regulating the implementation of the supply of last resort in the natural gas sector.

The Royal Decree 1068/2007 of 27 July 2007 regulating the implementation of the supply of last resort in the natural gas sector is amended as follows:

One. The last subparagraph of Article 3 (1) is amended, which is worded as follows:

" The rate of last resort shall be the maximum and minimum price that may be charged by traders of last resort to consumers who have the right to benefit from it, as laid down in Article 93.1 of Law 34/1998, of 7 October, of the Hydrocarbons Sector. A consumer shall be understood to be in charge of the last gas resource when it is supplied by a marketer of last gas resource. "

Two. A new paragraph 4 is added to Article 3, which reads as follows:

" 4. The marketer of last resort shall be exempt from the obligation to meet the supply requests of certain consumers, as set out in paragraphs 1 and 2 above, where the prior supply contract has been terminated. by default. In such cases, the distributor shall apply to those consumers the provisions on the suspension of supply in Chapter VIII of Royal Decree 1434/2002 of 27 December on the transport, distribution and distribution activities. marketing, supply and authorisation procedures for natural gas installations. '

Final disposition fourth. Authorisation for the amendment of Article 28 of Royal Decree 661/2007 of 25 May 2007.

The Minister of Industry, Tourism and Trade is hereby authorised to amend the formula set out in Article 28 of Royal Decree 661/2007 of 25 May 2007 regulating the activity of the production of electric energy in the special to replace the Cmp variable with another variable reflecting the evolution of the cost of natural gas, with effect, provided that it is not unfavourable, since 1 July 2008.

Final disposition fifth. Competence title.

This royal decree is dictated by the provisions of Article 149.1.13. and the 25th of the Constitution which attribute to the State exclusive competence in the field of bases and coordination of the general planning of the economic activity and bases of the mining and energy regime, respectively.

Final disposition sixth. Execution and application.

The Minister of Industry, Tourism and Trade is authorized to dictate, within the scope of his powers, the necessary provisions to ensure the proper execution and implementation of this royal decree.

Final disposition seventh. Entry into force.

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

Given in Madrid, April 3, 2009.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade,

MIGUEL SEBASTIAN GASCON

ANNEX

Letter models to refer to consumers by the vendor

1. LETTER FOR CUSTOMERS WITH CONTRACTED POWER < 10 kW

Dear Customer,

As a result of the new European regulations, from 1 July 2009 the distribution companies will cease to supply the electricity, activity that must be carried out by a marketing company electricity. From that moment on, our company, as the distribution company that owns the networks in its area, will continue operating the facilities, reading its meters and providing it with the 24 h emergency service.

The change of supplier in no case will entail an additional cost for you, presenting 3 alternatives:

1. You can contract the supply with any of the following companies (marketing last resort) that has been designated by the Government and whose contact details we offer below. Any of these companies will be required to supply the electricity at a price to be fixed by the Government.

Merchant Enterprise

Customer Care Phone	Address of the web page

2. Of course, you can also contract the supply with a marketing company at a freely agreed price, similarly to how it happens in other sectors such as mobile telephony. In this case, we provide you with the complete list of marketing companies available in the annex to this document.

3. Finally, if you don't make any management, on July 1 your power supply will be automatically assumed by the company XXXXXXX, which will be responsible for sending you the invoices and managing the charges for the power supply. In this case, your data will be transferred to this company to continue with the service.

Waiting to offer you the best service, receive a cordial greeting.

Fdo.: ..............................................

(Name of the distribution company)

2. LETTER FOR CUSTOMERS WITH CONTRACTED POWER > 10 Kw

Dear Customer,

As a result of the nine European regulations, from 1 July 2009 the distribution companies will cease to supply the electricity, activity that must be carried out by a marketing company electricity. From that moment on, our company, as the distribution company that owns the networks in its area, will continue operating the facilities, reading its meters and providing it with the 24 h emergency service.

Before that date, you must proceed to contract the supply with a marketing empersa at a freely agreed price, similarly to how it occurs in other sectors such as mobile telephony. To this end, we provide you with the complete list of marketing companies available in the Annex to this document.

If you do not contract with a marketer of the indicated, your supply will automatically be assumed by the company XXXXXX, applying a higher price and will be increased automatically in time. Your data will be transferred to this company to continue with the service.

Waiting to offer you the best service, receive a cordial greeting.

Fdo.: ..............................................

(Name of the distribution company)

ANNEX

Merchant Enterprise

Customer Care Phone	Address of the web page