In August 2005, the 2005-2010 Renewable Energy Plan was approved, with the aim of strengthening the priority objectives of the Government's energy policy, increasing the security and quality of electricity supply and improving respect for the environment, together with the determination to comply with the international commitments that Spain derives from the Kyoto Protocol and our membership of the European Union and to achieve the objectives of the National Plan of Allocation of greenhouse gas emission allowances, 2008-2012.

This Renewable Energy Plan 2005-2010, which led to the revision of the Renewable Energy Development Plan in Spain 2000-2010, was due to the growth of some technologies lower than initially planned and, on the other hand, part, an increase in demand significantly higher than the scenarios handled in the initial plan. Significant changes were made to the increase of the established power targets and, in particular, the wind power target in 2010 was extended from 8,155 MW to 20,155 MW and the PV power target was extended from 150 MW to 400 MW.

The current Royal Decree 661/2007, of 25 May, which regulates the activity of electricity production under special conditions, establishes the new remuneration framework to be applied to renewable and renewable energy installations. In order to achieve the objectives of the 2005-2010 Renewable Energy Plan, and the Energy Saving and Efficiency Strategy in Spain (E4), in 2010.

The growth of installed power experienced by solar photovoltaic technology is being much higher than expected. According to the information published by the National Energy Commission (CNE) in relation to the fulfilment of the objectives of the installations of the special regime, determined in accordance with Articles 21 and 22 of Royal Decree 661/2007, of 25 May, in August 2007 exceeded 85 percent of the installed PV power target for 2010 and in the month of May 2008, the 1,000 MW of installed power has already been reached.

This rapid development has led to numerous industrial investments related to photovoltaic solar technology, from the manufacture of polysilicon, wafers and modules to followers or investors, so that Currently in Spain, all elements of the chain involved in a photovoltaic solar installation can be produced.

It is necessary to give continuity and expectations to these investments, as well as to define a progressive pattern of implementation of this type of technology, which can also contribute to the fulfillment of the objectives of the Plan of Renewable Energy 2005-2010 and of those that set the new Renewable Energy Plan 2011-2020, based on the objectives assigned to Spain in the new Renewable Energy Directive. It is therefore considered appropriate to raise the current target of 371 MW of installed power connected to the grid, as set out in Royal Decree 661/2007 of 25 May.

To this end, an annual power target will be proposed that will evolve in a coordinated way with technological improvements, rather than using the total accumulated power to set the limits of the market for this technology. This should be accompanied by a new economic regime that will stimulate technological developments and the competitiveness of PV installations in Spain in the medium and long term.

On the other hand, the support framework for this technology, which represents Royal Decree 661/2007, of 25 May, which regulates the activity of the production of electrical energy in a special regime, which has proven its effectiveness, also adapt quickly enough to the evolution of the technology, to ensure its efficiency. As well as insufficient remuneration would make investments unviable, excessive remuneration could have a significant impact on the costs of the electricity system and would discourage the use of research and development. the excellent medium-and long-term prospects for this technology, hence the need to rationalize the remuneration and, therefore, the real decree that is approved modifies the economic regime downwards, following the evolution of the expected from technology, with a long-term perspective.

The new economic system also aims to recognise the advantages of integrated buildings in buildings, whether on facades or on decks, for their advantages as a distributed generation, because they do not increase occupation of territory and its contribution to the social spread of renewable energy. The Royal Decree extends this advantage to agricultural facilities in line with the provisions of Law 45/2007, of December 13, for the Sustainable Development of the Rural Environment.

To ensure a minimum market for the development of the PV sector and, at the same time, ensure the continuity of the support system, a mechanism for the allocation of remuneration is established by means of registration in a recording of the remuneration, at an early stage in the development of the project, which gives the necessary legal certainty to the promoters in respect of the remuneration to be obtained by the plant once it has been put into operation.

Also, a new power definition is set. This results in greater precision in the procedure for calculating the power of each photovoltaic system, for the purpose of applying the corresponding remuneration. The aim is to rationalise the implementation of large installations on soil belonging to a multiplicity of operators, in such a way as to avoid the removal of a single installation in several smaller ones, with the aim of obtaining a framework more favourable remuneration.

According to the provisions of the third paragraph of Law 34/1998 of 7 October of the Hydrocarbons Sector, this royal decree has been subject to a mandatory report from the National Commission of Energy.

This provision is made in accordance with the provisions of Article 149.1.25. of the Spanish Constitution, which confers exclusive competence on the State to determine the basis of the mining and energy regime. to note that the content of its provisions is not an appropriate 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 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 of September 26, 2008,

D I S P O N G O:

CHAPTER I

Object and Scope

Article 1. Object.

Constitutes the object of this royal decree the establishment of an economic regime for the installations of production of electric power of photovoltaic technology to which the values of the tariff do not apply regulated by Article 36 of Royal Decree 661/2007 of 25 May 2007 regulating the activity of the production of electrical energy by special scheme, by its date of final registration in the second section of the Register (i) administrative capacity for the production of electrical energy production facilities of the Directorate-General for Energy Policy and Mines, hereinafter referred to as the Administrative Registry of Production Facilities under Special Scheme, as provided for in the 9.1 of Royal Decree 661/2007 of 25 May 2007.

Article 2. Scope.

This royal decree will apply to the installations of the group b.1.1 of the Royal Decree 661/2007, of 25 May, installations of photovoltaic technology, which obtain their definitive registration in the Register (a) administrative capacity of production facilities under special conditions under the General Directorate of Energy Policy and Mines after 29 September 2008.

Article 3. Typology of the facilities.

For the purposes of the provisions of this royal decree, the premises of Subgroup b.1.1 of Article 2 of Royal Decree 661/2007, of 25 May 2007, are classified in two types:

(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 Livestock.

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 are located located in a plot with urban cadastral reference.

Facilities of this type are grouped into two subtypes:

Type I. 1: facilities of type I, with a power not exceeding 20 kW

Type I. 2: facilities of type I, with a power exceeding 20 kW

b) Type II. Installations not included in type I above.

CHAPTER II

Pay pre-allocation record

Article 4. Payment pre-allocation record.

1. For the appropriate monitoring of the projects of production facilities under special photovoltaic technology, a sub-section of the second section of the Administrative Register of energy production facilities is established. Article 21 (4) of Law 54/1997 of 27 November 1997 on the Electricity Sector, under the Ministry of Industry, Tourism and Trade. That subsection shall be referred to as ' the Register of Preallocation of Remuneration

.

2. In order to be entitled to compensation in this royal decree, the registration of the installation or installation projects in the Register of Preallocation of Remuneration will be necessary.

3. Entries in the Register of Preallocation of Remuneration shall be associated with a temporary period to be referred to in the following call, giving the right to the remuneration to be fixed in that time period.

Article 5. Power quotas.

1. For the purposes of this royal decree, for each call for registration in the Register of Preallocation of Remuneration, a quota of power by type and sub-type shall be established which shall be constituted by the base powers, and in their case, additional powers transferred or incorporated in accordance with the provisions of paragraph 4 of this Article and Annex IV.

2. The following base powers are established for first year calls.

(a) Type I: 267 /m MW, with the following distribution: 10 percent for subtype I. 1 and 90 percent for subtype I. 2.

b) Type II: 133 /m MW.

Being m, the number of calls per year for which the registration is established in the Register of pre-allocation of remuneration, in accordance with the provisions of Annex III of this royal decree.

3. The base powers corresponding to the second and successive calls for the second year shall be calculated, using the base powers of each type and sub-type, of the calls for the previous year, increasing or reducing them. in the same cumulative percentage rate as the remuneration for the calls held during the previous year is reduced or increased, in accordance with the provisions of Article 11 of this royal decree.

4. The additional power transfer mechanism is established for the base power for the following call set out in Annex IV of this royal decree, where one or all of the power quotas of a call are not covered.

5. The Ministry of Industry, Tourism and Trade shall publish on its website, prior to the closing of each call, the power quotas for each type and sub-type, as well as the values of the regulated tariffs which are applicable to them. application.

6. The basic powers set out in the calls for registration in the pre-allocation register may be revised upwards by the Minister for Industry, Tourism and Trade, in the light of the conclusions and objectives of the power to be determined in the 2011-2020 Renewable Energy Plan, referred to in the additional provision of Royal Decree 661/2007 of 25 May 2007.

Article 6. Procedure for inclusion in the Register of Preallocation of Remuneration.

1. The application for registration in the Register of Pre-assignment of Remuneration, for a project of installation or installation, shall be carried out, using the model collected as Annex I to this royal decree, contributing in addition, authenticated copy of the documentation set out in Annex II thereto. That request shall be addressed to the Directorate-General for Energy Policy and Mines.

2. The application must be submitted in the Administrative Registry of the headquarters of the Ministry of Industry, Tourism and Commerce, via telematics through the website of the Ministry, www.mityc.es, or in person. The application may also be made to any of the places referred to in Article 38.4 of Law No 30/1992 of 26 November 1992 of the Legal Regime of Public Administrations and of the Common Administrative Procedure. The application shall be submitted within the time limit set out in Annex III to this Royal Decree, corresponding to the call for registration.

The application submitted shall be valid for successive calls, as long as a project or installation is not registered in the Register of Preallocation of Remuneration, either because it does not meet the required requirements or because the quota of power is covered, with the exception of the express declaration against participating in the same in the period established or cancellation of the application, expressed in the form set out in Annex I of this royal decree.

Those applicants who have participated in this procedure before and wish to modify their application, will not have to resubmit the valid documentation already presented above, and must indicate particularity in the request.

3. The General Directorate for Energy Policy and Mines shall, in each of the types and sub-types provided for in Article 3, receive the applications and close the time limit for the submission of applications. for each of them, the last date of the documents referred to in Annex II of this royal decree. Once ordered, the allocation of remuneration will begin, due to the oldest dates and until the quota of power provided for this call is covered in each typology. The coverage of each quota will be overdone, that is, the last request that will be accepted will be that, for which, its non-consideration would be the non-coverage of the anticipated quota.

In case of a date equality for several applications, these will be ordered, considering as a preferred date, by this order, the administrative authorization, the license of works, and finally the deposit of the guarantee, and in case of equality, the lower power project will be preferred.

When the excess over the expected quota exceeds 50 percent of the quota, the excess power over the last application whose non-consideration would be the non-coverage of the quota, will be stopped from the applications with equality of dates, proportionally to the power of each request.

4. Those projects to which it is assigned power, shall be entered by the Directorate-General for Energy Policy and Mines, in the Register of Preallocation of Remuneration, associated with that call. All other applications shall be rejected in the call, automatically entering the following call, with the exception of the anti-claim referred to in paragraph 2 of this Article.

5. The first call for registration in the Pre-allocation Register shall be that for the first temporary period of 2009, in accordance with the provisions of Annex III to this royal decree.

Article 7. Advertisement of the outcome of the remuneration pre-allocation procedure.

1. On the website of the Ministry of Industry, Tourism and Trade, the list of projects which have been registered in the Register of Preallocation of Remuneration, and the list of projects which have been rejected for such registration, will be published before the the date set out in Annex III to this Royal Decree.

2. Also, before this date, the Directorate-General for Energy Policy and Mines will notify the project holders who have participated in the procedure, the result of their application.

Article 8. Cancellation of the registration in the Pay Preallocation Register.

1. The premises registered in the Register of Pre-allocation of Remuneration shall have a maximum period of 12 months from the date of publication of the result on the website of the Ministry of Industry, Tourism and Trade, to be entered on the administrative register of production facilities on a special basis dependent on the competent authority and begin to sell electrical energy in accordance with any of the options in Article 24.1 of the Royal Decree 661/2007, dated May 25.

2. In the event of non-compliance with the obligation laid down in paragraph 1 above, the General Directorate of Energy Policy and Mines shall proceed to the cancellation of the registration of the pre-allocation register. remuneration.

However, this cancellation will not occur in the event that in the opinion of the Directorate General of Energy Policy and Mines, there are reasonable reasons for this registration to remain on the register. As a matter of fact and not limited, grounds for such effects could be considered, inter alia, to be unjustified delay in the final registration or signature of the entry into service by the competent body, and the possible incidents with the power grid manager to which it connects. For this purpose, the sponsor shall submit a request to the General Directorate before the end of the period laid down in paragraph 1, together with the documentation which it considers appropriate to justify such reasons. The Directorate-General shall, within a maximum of 30 days from the date of the end of the period laid down, resolve the request by fixing an extension of a maximum duration of four months from the date of its communication to the Commission. interested.

It will also be cause of cancellation for non-compliance with a project in the Register of Preallocation of Pay the voluntary withdrawal of the administrative processing of the installation or the lack of response to the requirements of the Administration of information or action carried out within three months. In such cases, the competent body shall inform the General Directorate of Energy Policy of the origin of such cancellation, in order for the latter to execute the cancellation for non-compliance with the registration in the Registry.

3. The cancellation of the registration of a project in the pre-allocation register shall be communicated to the competent body. This cancellation will result in the loss of the rights associated with the registration in this registry, without prejudice to the possibility of the holder of the project or the installation of reapplying for the registration in the administrative register of pre-assignment of retribution starting the procedure again.

4. The cancellation by non-compliance with the registration of a project in the pre-allocation register shall mean the execution of the deposit, in accordance with Article 59a or 66a of Royal Decree 1955/2000 of 1 December 2000, or of the one provided for in the Article 9 of this royal decree. The above, without prejudice to the non-provenance of the endorsement, in accordance with the provisions of the abovementioned Articles. The competent body shall initiate the procedure for the execution or cancellation, as appropriate, of that guarantee within the maximum period of one month from the cancellation of the registration, or, where appropriate, from the receipt of the communication of the that fact.

5. The final registration of an installation in the administrative register of production facilities under special conditions under the General Directorate of Energy Policy and Mines will entail the cancellation of its registration in the Payment pre-allocation record.

6. 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 may therefore be the subject of an appeal to the General Secretariat of Energy, in accordance with the established in Articles 114 and 115 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 9. Endorsement.

1. In the case in which, in accordance with the provisions of Article 66a of Royal Decree 1955/2000 of 1 December 2000, the activities of transport, distribution, marketing, supply and authorisation procedures of the electrical power installations, an installation shall be exempt from the submission of the endorsement for access to the distribution network, or in any other case where there is no deposit of an endorsement equivalent to at least one amount equivalent to 500 €/kW of power, a guarantee shall be lodged with the General Deposit Box of 50 €/kW or 500 €/kW of power of the type I. 1, or I. 2, photovoltaic project or installation, respectively. In the case where the installation shall have final registration in the administrative register of production facilities under special arrangements dependent on the competent authority, the deposit of this guarantee shall not be required.

2. The endorsement referred to in paragraph 1 shall be cancelled if the petitioner obtains the final registration in the administrative register of production facilities under special conditions under the General Policy Directorate Energy and Mines. If throughout the procedure, the applicant voluntarily desists from the administrative processing of the installation or does not respond to the requirements of the Administration of information or action made within three months, shall proceed with the implementation of the endorsement. It shall be taken into account when assessing the withdrawal of the sponsor, the result of prior administrative acts which may condition the viability of the project. Among others, sufficient reason for the cancellation of the endorsement, the non-inclusion in the Register of pre-allocation of remuneration of a project or installation for which its inclusion in the registration is requested in all the calls that are requested be held for a period of 12 months, or the cancellation of the application by the holder prior to the closure of the first call in which it is presented.

Article 10. Power of projects.

1. The maximum power of the projects or installations which are entered in the Register of Preallocation of Pay shall not exceed 2 MW or 10 MW for type I or II installations of Article 3 of this royal decree, respectively.

2. For the purposes of determining the economic regime laid down in this royal decree, they shall be deemed to belong to a single installation or a single project, as appropriate, the power of which shall be the sum of the powers of the facilities. unit of category b.1.1, installations or projects which are in the case of cadastral references with the first 14 identical digits. For this purpose, the owners of the facilities shall supply the cadastral reference of the buildings in which they are located.

Similarly, for the purposes of the registration, in a call, in the Register of Preallocation of Remuneration, they shall be considered to belong to a single project, the power of which shall be the sum of the powers of the facilities unit, those facilities which connect at the same point of the distribution or transport network, or have a common evacuation line.

CHAPTER III

Economic Regime

Article 11. Rates.

1. The values of the regulated tariff corresponding to the premises of sub-group b.1.1 of Article 2 of Royal Decree 661/2007, of 25 May, which are entered in the pre-allocation register associated with the first call shall be the following:

Typology

Subtype I. 2

II

Regulated Rate (c€/kWh)
Type I	Subtype I. 1	34.00
32.00
Type II Centro_table_body "> 32.00

2. The values of the regulated tariff for installations which are entered in the pre-allocation register associated with the call shall be calculated on the basis of the values of the previous call n-1, as follows:

If P ≥ 0.75 × P₀,

then: T_n = T_n-1 [(1 − A) × (P₀ − P)/(0.25 × P₀) + A]

If P < 0.75 ≥ P₀,

then: T_n = T_n-1

Being:

P, the pre-registered power in the n-1 call.

P₀, the power quota for the n-1 call.

T_n-1, the rate for pre-registered installations associated with the n-1 call.

T_n, the rate for pre-registered installations associated with the call n.

A, factor 0.9^1/m and m the number of annual calls.

3. If, during two consecutive calls, no more than 50% of the power quota is reached for a type or sub-type, the tariff for the following call may be increased by Resolution of the General Energy Secretariat. the percentage that would be reduced if the quota was covered, where necessary, that during two additional calls, 50 percent of the quota would not be reached for a further increase.

4. The regulated tariff for installations of subtype .1 shall never be lower than that of the facilities of subtype I. 2. In the case where, in accordance with the mechanism provided for in this Article, the value of the regulated tariff for subtype I. 1 may be lower than that of subtype I. 2, the mechanism for the modification of the tariff rate for the subtype I. 2, and the regulated tariff for subtype I. 1 shall be made, equal to the previous one.

5. The regulated tariff applicable to a plant, in accordance with this royal decree, shall be maintained for a maximum of 25 years from the date of the later of the following two: the date of entry into force or the date of entry into force of the If the installation is registered in the Register for the provision of remuneration, such remuneration may never be applied before the date of entry into the Register.

6. Installations which are definitively registered in the administrative register of production under special arrangements under the Ministry of Industry, Tourism and Trade, after 29 September 2008, as soon as they are not be entered in the Register of Preallocation of Pay, shall receive the remuneration provided for in Article 22.2 of Royal Decree 661/2007 of 25 May 2007.

Article 12. Updating the rates.

The values referred to in Article 11 shall be the subject of the updates provided for in Article 44.1 of Royal Decree 661/2007 of 25 May 2007 for the facilities of the subgroup b.1.1, from 1 January of the second year subsequent to the call in which they are fixed.

CHAPTER IV

Quality and technical requirements

Article 13. Establishment of technical and quality requirements for installations.

By order of the Minister of Industry, Tourism and Trade, technical and quality requirements of photovoltaic installations can be established to contribute to security of supply, among others, the obligation of support of (a) the provisions of Article 3 (1) of Regulation (EC) No 73/2001 of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council 661/2007, of 25 May, establishing, where appropriate, the necessary transitional arrangements for the adequacy of the facilities entered in the administrative register of production facilities on a special basis in the administrative register.

This obligation will be a necessary condition for the perception of the appropriate remuneration.

CHAPTER V

Inspection

Article 14. Inspection of photovoltaic installations.

1. The General Administration of the State, through the National Energy Commission, and in collaboration with the competent bodies of the corresponding Autonomous Communities, will carry out periodic and random inspections throughout the current year, on the installations of electrical generation from photovoltaic technology object of the present royal decree, following the criteria of choice and indications that the General Secretariat of Energy of the Ministry of Industry, Tourism and Trade imposes in each case, adjusting the total number of inspections carried out annually to a minimum of 5 percent of the total of the existing photovoltaic installations, representing at least 5 percent of the installed power, all without prejudice to the power attributed to the National Energy Commission, under cover of the eighth function of the additional eleventh, third, 1 of Act 34/1998 of 7 October of the Hydrocarbons Sector for the conduct of ex officio inspections.

2. In order to carry out these inspections, the National Energy Commission may be served by an entity recognized by the General Administration of the State. Such inspections shall be extended to the verification of compliance with the required technical requirements to be established, as provided for in Article 13 of this royal decree, to the verification of the accuracy of the data provided. during the registration procedure in the Administrative Register for the provision of remuneration, as well as the requirements laid down in Article 3 thereof.

3. The National Energy Commission shall forward the results of the inspections carried out to the Ministry of Industry, Tourism and Trade, with a copy to the competent body, accompanied by the corresponding record of the facts. observed.

4. If, as a result of an inspection by the National Energy Commission, any irregularity is detected which results in the perception of higher remuneration than it would have been, the Directorate-General for Policy Energy and Mines will decide on the origin of the same and, if necessary, recalculate the resulting new tariff, according to the typology and the procedure of pre-allocation of remuneration established in the present royal decree, giving transfer of the same to the National Energy Commission for the purposes of the corresponding liquidations. By way of an enunciative and not limited, irregularities in the procedure could be considered for these purposes, among others, the alteration in the administrative procedures followed, the presentation of documentation distorted or that an installation it has been improperly classified in accordance with Article 3 by the competent body, for the reason that it has submitted the documentation in detail and that it would not have allowed the competent body to determine perfectly the inclusion within the corresponding type of the said article.

CHAPTER VI

Sanctioning Regime

Article 15. Sanctioning regime.

Failure to comply with the provisions of this royal decree shall, where appropriate, be sanctioned in accordance with the provisions of Title X of Law 54/1997 of 27 November of the Electrical Sector.

Additional disposition first. Simplification of procedures.

Before 1 April 2009, pursuant to Article 16 of Order ITC/1522/2007 of 24 May 2007 establishing the regulation of the guarantee of the origin of electricity from energy sources renewable and high-efficiency cogeneration, the National Energy Commission will send to the Directorate General for Energy Policy and Mines a report on the evaluation of the current legislative and regulatory framework for the procedures (a) the necessary administrative capacity for the deployment of energy production facilities; photovoltaics in construction, as well as the necessary measures to eliminate or reduce existing obstacles.

Additional provision second. Start of the sale of electricity within the period of maintenance of the remuneration.

As a general rule, for the purposes of Article 17 (c) and 22.1 of Royal Decree 661/2007 of 25 May 2007, it is a necessary condition for the perception of the regulated tariff or, where appropriate, premium, the beginning of the sale of the net production of electrical energy before the deadline to be established, justifying by the appropriate registration of the measure in the measuring equipment prior to that date.

Additional provision third. Return of the endorsement referred to in Articles 59a and 66a of Royal Decree 1955/2000 of 1 December 2000.

For the purposes of Articles 59a and 66a of Royal Decree 1955/2000 of 1 December 2000, the entry into force of this royal decree shall be deemed to be sufficient reason for the return of the guarantee, provided that it does not have submitted an application for registration in the pre-allocation register.

Similarly, for these purposes, sufficient reason for the cancellation of the endorsement, the non-inclusion in the Register of pre-allocation of remuneration of a project or facility for which its inclusion is requested shall be considered. registration on all calls to be held for a period of 12 months, or the cancellation of the application by the holder prior to the closure of the first call in which it is lodged.

Additional provision fourth. Cadastral references in Navarra and the Basque Country.

It will be established, by resolution of the Secretary General of Energy, that will be published in the "Official State Gazette", the criterion of computing power referred to in article 10.2 for the cadastral references, in the cadastral reference systems of the Autonomous Community of the Basque Country and the Community of Navarra.

Additional provision fifth. Modification of the remuneration of the production activity by photovoltaic technology.

During the year 2012, in the light of technological developments in the sector and of the market, and the functioning of the remuneration scheme, the remuneration of the production of electrical energy may be modified by means of solar photovoltaic technology.

Additional provision sixth. Application of rates of access to seasonal contracts of less than or equal to five months.

For the purpose of the application of access charges, in the season contracts covered by Article 6.2 of Royal Decree 1164/2001 of 26 October 2001 establishing rates of access to transport networks and distribution of electricity, when its duration is less than or equal to five months, the prices of the term of power will be increased by 35 percent for the months of the high season and 15 percent for the remaining ones in which the energy, provided the following is true:

(a) In the case of consumers covered by the access tariff 3.1.A that their consumption in the tariff period 3 is greater than or equal to 40 percent of the total.

(b) In the case of consumers receiving access rates of six periods, 6.X.A, that their consumption in the tariff period 6 is greater than or equal to 60 percent of the total.

Additional provision seventh. Frequency of billing and reading of domestic tariffs.

The billing of the rates of supply of social and domestic electricity (up to 10 kW of contracted power) from 1 November 2008 will be carried out by the distribution company monthly taking place with base on the bimonthly reading of the installed measurement equipment.

Single transient arrangement. Special additional power quota for the 2009 and 2010 calls for calls.

1. For type II, additional extra power quotas are set for the 2009 and 2010 calls for the years 2009 and 2010, 100 /m MW and 60 /m MW respectively per call, with m being the number of annual calls convokes.

2. These additional quotas will not be affected by the increases or decreases that could be applied to the base powers according to the provisions of article 5.3 of this royal decree.

Single repeal provision. Regulatory repeal.

Any provision of equal or lower rank is repealed in what is opposed to this royal decree.

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

1. Article 26 (1) and (2) of Royal Decree 661/2007 of 25 May 2007 governing the production of electrical energy under special arrangements are hereby amended as follows:

" 1. The facilities of category (a) and groups b.4, b.5, b.6, b.7 and b.8, which have chosen the option (a) of Article 24.1, may, on a voluntary basis, benefit from the two-term time-discrimination scheme set out in the continuation, depending on your category or group:

a) For category a installations:

Punta	Valley
Periods 1 to 5	Tariff Period 6.

according to the distribution of tariff periods set out in Annex II of Order ITC/2794/2007, of 27 September, for which electricity tariffs are revised from 1 October.

b) For the installations of groups b.4, b.5, b.6, b.7 and b.8:

Winter

Summer
Punta	Valle	Punta	Valle
11-21 h	21-24 h and 0-11 h	12-22h	22-24 h and 0-12 h

being winter time changes to summer or vice versa with the official time change date.

2. The regulated tariff to be charged in this case shall be calculated as the product of the tariff corresponding to it by its group, sub-group, age and power range, multiplied, for the peak period, by 1,37 for the facilities of category a) or 1.0462 for groups b.4, b.5, b.6, b.7 and b.8, and for the valley period, for 0,64 for the facilities of category a) or 0.9670 for those of groups b.4, b.5, b.6, b.7 and b.8. '

2. The premises of category (a) of Article 2 of Royal Decree 661/2007 of 25 May 2007, which were fully covered by it, which at the date of entry into force of this royal decree were covered by the option for the sale of Article 24.1.a), The said Royal Decree 661/2007 of 25 May, with time discrimination, will automatically pass the time discrimination regime introduced in paragraph 1 of this final provision.

Without prejudice to the foregoing, they may choose to communicate their wish to switch to the option of sale at regulated rate without time discrimination, before 1 December 2008, even if the period of one year has not elapsed. indicated in that royal decree.

The other facilities of category (a) covered by Royal Decree 661/2007, of 25 May, or at their first transitional provision, must comply with the provisions of Articles 24 (4) and 26 (3) of that Royal Decree or Article 22.4 of Royal Decree 436/2004 of 12 March.

Final disposition second. Regulatory development and amendments to the content of the Annexes.

The Minister of Industry, Tourism and Commerce is hereby authorized to issue any provisions necessary for the development of this royal decree and to modify the content of its annexes when the development of this technology or the performance pre-allocation function as advised.

Final disposition third. Basic character.

This royal decree is of a basic nature under the provisions of Article 149.1.13. and 149.1.25. of the Constitution, which gives the State exclusive competence in the field of bases and coordination of planning. General economic activity and bases of the mining and energy regime respectively.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette". By way of derogation from the sixth additional provision, it shall have effect from 1 July 2008.

Given in Madrid, on September 26, 2008.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade,

MIGUEL SEBASTIAN GASCON

ANNEX I

Request enrollment in the preallocation record

0

32

Request type
1	New Request
2	Request Modification with case number
3	Request cancellation with case number
4	Statement of not wishing to participate in successive calls with this request
10	Data from the installing
11	Name
12	Location
13	Address
14	Municipality/Postal Code
15	Province
16	cadastral reference of parcel/build
17	Power
18
	20	Headline Data
		21 Table_table_izq"> Name.
22	Social Address
	23
24	Province
		NIF/ NIE
26	Nationality
30
	31	Address		Address
The_table_table_izq"> Tfno.
	33	Fax
34	Email
40	contributed information
41	Connection date
42	Date administrative authority
43	Date supported
44	Date License Date
	45
		46	46	46
47	Request Date presented above
48	N.
	49	Identification of the connection point (CUPS or equivalent denomination, or description of the intended border point and location of the measurement team)
50	Final registration date in the Registry adminstrative of special regime-dependent facilities of the competent organ

ANNEX II

Documentation required for the enrollment request in the reward preallocation record

1. The necessary documentation, together with the application for registration in the pre-allocation register, will be as follows:

(a) Administrative authorisation of the installation, granted by the competent authority, and grant of access and connection to the relevant transport or distribution network. In the case of facilities of type I. 1, access and connection to the relevant transport or distribution network shall be granted exclusively.

b) License of works of the installation project, granted by the competent body.

(c) Safeguard of the approval referred to in Article 59a or 66 bis of Royal Decree 1955/2000 of 1 December 2000 or, where appropriate, that provided for in Article 9 of this royal decree granted by the manager of the network.

(d) Final registration in the administrative register of production facilities under special arrangements depending on the competent authority, if the installation is available to it.

2. Until 30 April 2009, for installations of a power equal to or less than 100 kW, the presentation of the administrative authorisation of the installation, granted by the competent authority, shall not be required and the concession shall be presented instead. access and connection to the relevant transport or distribution network.

3. For the purposes of the chronological order of the installations provided for in Article 6.3 of this royal decree, until the end of the call for the second quarter of 2009, the date of granting of access and connection to the the relevant network, rather than the date of the administrative authorisation, without prejudice to the obligation, in the case of the submission of such authorisation.

4. For the purposes of the chronological order of the installations provided for in Article 6.3 of this royal decree, until the end of the call for the second quarter of 2009, the date of submission of the guarantee shall not be taken into account without prejudice to the obligation, for the submission of its protection between the documentation required in paragraph 1 of this Annex.

5. For the purposes of the chronological order of the facilities and the allocation of remuneration provided for in Article 6.3 of this royal decree, until the end of the call for the second quarter of 2009, the allocation shall begin facilities which have final registration in the administrative register of special arrangements dependent on the competent authority, maintaining the chronological criteria of the documents referred to in paragraphs (a), (b) and (c) in paragraph 1 of this Annex. Once the remuneration has been allocated for the facilities that have been permanently registered, if the expected power quota for that call has not been covered, the allocation for the remaining applications shall continue.

ANNEX III

Calls and deadlines for submission of applications for registration in the payment preallocation register

1. The number of calls for registration in the pre-allocation register is set out in four annual calls, which coincide with the dates for the resolution of the pre-allocation procedure.

2. The time limits for the submission of applications for registration in the pre-allocation register as laid down in Article 6 of this royal decree and for the publication of the results of the procedure for the pre-allocation of remuneration shall be the same as following:

i. Call 1.er quarter of the year.

Presentation of the request. Between 1 August of the preceding year and 31 October of the year preceding that of the call, both inclusive.

Publication of the result of the payment pre-allocation procedure: Before 1 January of the same year.

ii. Call 2. th quarter of the year.

Presentation of the request. Between 1 November and 31 January of the year preceding that of the call, both inclusive.

Publication of the result of the pre-allocation procedure: Before 1 April.

iii. Call 3.er quarter of the year.

Presentation of the request. Between February 1 and April 30, both inclusive.

Publication of the result of the reward pre-allocation procedure: Before July 1.

iv. Convocation 4. th quarter of the year.

Presentation of the request. Between May 1 and July 31, both inclusive.

Publication of the result of the reward pre-allocation procedure: Before 1 October.

3. Where the dates referred to in the preceding paragraph are non-working for administrative purposes, the first working day shall be taken.

4. For the first two calls of 2009, a duration of the deadline for the submission of applications and publication of the result is set. The timetable for these two calls will be as follows:

i. Call 1.er quarter 2009.

Presentation of the request. Between October 15 and November 15, 2008, both inclusive.

Publication of the outcome of the pre-allocation procedure: Before 16 January 2009.

ii. Call 2. 4th quarter 2009.

Presentation of the request. Between 16 November 2008 and 31 January 2009, both inclusive.

Publication of the result of the pre-allocation procedure: Before 1 April 2009.

ANNEX IV

Power transfer mechanism over base power

1. When a call does not cover part of any of the quotas of one of the types of articu-3 of this royal decree, regardless of whether in the case of type I corresponds to one or the two subtypes, the remaining power will be transferred as an additional power over the base power, for the next call, to the other type.

2. When a call does not cover part of the quotas of the two types of Article 3 of this royal decree, regardless of whether in the case of type I corresponds to one or the two subtypes, the remaining powers will be transferred as powers. additional on the base powers, for the following call, in the respective types.

3. In the two cases referred to in paragraphs 1 and 2 above, the additional power transferred to type I, either from type II, or from type I (the sum of the powers not covered by the two sub-types), shall be divided into each of the two sub-types of agreement with the percentage of the basic powers of each of the sub-types applicable to them. Where the new call is for a new year, and the percentages of the base powers of each sub-type are affected by the mechanism provided for in Article 5.3, the transferred power of type II to type I shall be allocated agreement with the new rates of distribution between subtypes.

4. The power corresponding to those installations projects, which in accordance with the provisions of Article 8 are cancelled in the Register for the pre-allocation of remuneration, shall be added as an additional power to the call following its cancellation, in the same type or subtype, as appropriate.

5. The additional powers will not be affected by the increases or decreases that could be applied to the base powers according to the provisions of article 5.3 of this royal decree.