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 Directive 2003 /55/EC of the European Parliament and of the Council of 26 June 2003, on common rules for the internal market for natural gas, establishes a new market model for the natural gas sector in which functions are modified as well as part of the rights and obligations of the subjects acting on the market. In particular, that law amends Chapter VIII of Title IV of the said Law on the Hydrocarbons Sector concerning security of supply, which, together with the recent evolution of the market, makes it necessary to update and adapt it. of its implementing rules, including Royal Decree 1716/2004 of 23 July, which regulates the obligation to maintain minimum safety stocks, the diversification of natural gas supply and the Corporation of strategic reserves of petroleum products, object of modification in the present real decree. The present royal decree strikes an in-depth reform of the Royal Decree 1716/2004, which affects almost all of its articles. In Article 1, the Articles corresponding to Chapters I and II of Title I relating to the general provisions and minimum stocks of security of petroleum products and liquefied petroleum gases are amended. In the liquid hydrocarbon sector, the number of days of minimum security stocks is increased from 90 days mandatory today to 92 days from 1 January 2010. Such an increase will allow for more full compliance with the obligations arising from both Community legislation and the International Energy Agency, while at the same time increasing security of supply. In addition, mechanisms are established to facilitate the maintenance of stocks of biofuels in order to contribute to the promotion of the use of this type of products in line with both national and regulatory objectives. Community. Article 2 shall take into account the amendments relating to the minimum stocks of security and diversification of natural gas supply. In the new market model of the natural gas sector both the carriers and the distributors cease to develop the supply activity, having as their sole activity the construction, management and operation of the infrastructure, losing some of the role they played in the security of supply of the gas system. In this respect, the obligation for carriers to maintain minimum safety stocks and the diversification of supplies which falls on the market at tariff, exclusively in the Member States, is eliminated. direct market operators and consumers. With the entry into operation of new regasification plants and new agents in the market, the objective of diversification of supplies initially foreseen in Law 34/1998, of 7 October, of the Sector of Hydrocarbons, has been exceeded in the last few years. It is therefore considered appropriate to amend this objective to 50%. In addition, in order to facilitate the entry of new companies on the market and whereas the obligation to diversify supplies for the operators with small market shares may be an obstacle to the development of their activities, the obligation of diversification is limited to the subjects whose import quota exceeds 7% of the total. Other measures taken, relating to security of supply in the natural gas sector and in order to increase the flexibility of the system, are the promotion of the interruption and adjustment of the minimum safety stocks. Article 3 focuses on the amendments relating to the Strategic Petroleum Reserve Corporation of Petroleum Products. With the aim of promoting competition in the oil products market, changes have been made to the system of maintaining minimum safety stocks in such a way as to establish a procedure whereby the Subject to maintaining minimum security stocks, they can increase strategic stocks, in charge of the Strategic Petroleum Reserve Corporation (CORES). In addition, the obligation, for the aforementioned Corporation, to submit to the approval of the General Secretariat of Energy of the Ministry of Industry, Tourism and Commerce a supporting report of the mechanisms foreseen to comply with the strategic stock maintenance obligations, as well as the annual and multi-annual plans for investment in storage infrastructure. Finally, in Articles 4 and 5, two provisions concerning the natural gas sector are amended. Thus, some of the precepts of Royal Decree 949/2001 of 3 August, which regulates the access of third parties to gas installations and establishes an integrated economic system of the natural gas sector and Royal Decree 1434/2002, are amended. December 27, for which the activities of transport, distribution, marketing, supply and authorisation procedures of natural gas installations are regulated. With these other regulatory changes, the way the National Energy Commission will report requests for access in cases where the cause of denial as set out in Article 8.b of the Royal Decree can be made. 949/2001 of 3 August and it is available that in order to maintain the authorization of the natural gas marketer the conditions that are in force for the access to the license of activity must be fulfilled. The Royal Decree which is adopted has its legal basis, on the one hand, in the general clearance contained in the final provision of Law 34/1998, of 7 October, of the Hydrocarbons Sector, which establishes that the Government, in the field of its powers, shall, by means of royal decree, adopt the rules for the development of that law. On the other hand, together with this general clearance, account must also be taken of the more specific ratings contained in Articles 50, 51, 52, 98, 99 and 100 of Law No 34/1998, with the amendments introduced by Law 12/2007 of 2 July, amending Law 34/1998 of 7 October of the hydrocarbon sector, in order to adapt it to the provisions of Directive 2003 /55/EC of the European Parliament and of the Council on common rules for the internal market in natural gas. In accordance with the provisions of the 11th additional provision of Law 34/1998 of 7 October of the Hydrocarbons Sector, the National Energy Commission has issued the mandatory report on this royal decree. In its virtue, on a proposal from the Minister of Industry, Tourism and Trade, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 28 December 2007,

D I S P O N G O:

Article first. Amendment of Royal Decree 1716/2004 of 23 July, regulating the obligation to maintain minimum stocks of security, diversification of natural gas supply and the corporation of strategic reserves of products oil. Amendments relating to Chapters I and II of Title I.

Royal Decree 1716/2004 of 23 July, regulating the obligation to maintain minimum stocks of security, diversification of natural gas supplies and the corporation of strategic reserves of Petroleum products are amended as follows: One. Article 2 is amended as follows:

" Article 2. Obligation to maintain minimum security stocks.

1. In accordance with the provisions of Article 50 of Law 34/1998 of 7 October of the Hydrocarbons Sector, the obligation to maintain minimum stocks which must be maintained at all times by the persons involved in the sector of the Petroleum, referred to in Article 7 of this royal decree, is fixed in 92 days of its sales or consumption in the previous 12 months, fixing for its computation a period of three months between the completion of the 12 months considered and the date of accounting for stocks.

In the case of liquefied petroleum gases, these minimum stocks are fixed within 20 days of their sales or consumption in the preceding 12 months, with a period of three months between the end of the 12 months fixed for their calculation. months considered and the date of accounting for stocks. 2. In accordance with Article 98 of Law 34/1998 of 7 October, the obligation to maintain minimum stocks to be maintained by the persons involved in the natural gas sector is fixed within 20 days of their sales or (a) the conditions laid down in this provision are consistent with the conditions laid down in this provision. '

Two. Article 3 is amended as follows:

" Article 3. Obligation to diversify the supply of natural gas.

In the event that the sum of all natural gas supplies destined for domestic consumption from the same country is more than 50 percent, according to the information published by the Reserve Corporation Petroleum Products Strategy pursuant to Article 21 (2), marketing and direct consumers on the market which, directly or for being integrated into business groups, make provision for supplies for a quota of more than 7% of the supplies in the previous calendar year, they will have to diversify their portfolio so that their supplies from the main supplying country to the domestic market will be less than 50 percent. For these purposes, supplies shall be understood as natural gas imported at the Spanish border and destined for domestic consumption.

The Minister of Industry, Tourism and Trade will be able to develop the conditions for the fulfilment of this obligation, taking into account the market situation, with the exception of certain types of transactions. It may also amend the percentages referred to in the preceding paragraph, subject to the report of the National Energy Commission, either on the increase or on the downside, in the light of developments in international natural gas markets. "

Three. The first paragraph of Article 4 and paragraphs (a) and (b) of the same Article shall be amended as follows:

" Without prejudice to the functions attributed to the Corporation of Strategic Reserves of Petroleum Products in Articles 52 and 100 of Law 34/1998 of 7 October, and in Article 37 of this royal decree, the (a) administrative measures relating to minimum security stocks and the diversification of natural gas supplies correspond to: (a) as provided for in Article 50 (3) of Law 34/1998 of 7 October 1998, the inspection of compliance with the obligation to maintain minimum stocks of petroleum product safety, including liquefied petroleum gases, the Ministry of Industry, Tourism and Trade shall be responsible for the obligation of the subject to be a wholesale operator. This inspection shall be carried out by the Autonomous Administrations when the obligation concerns retail distributors, traders or consumers.

In any event, the state enforcement competition in respect of the inspection shall be extended to retail distributors, marketers and consumers in respect of those activities whose exercise exceeds the scope of the territorial of the autonomous community where they are located. (b) According to Article 3 of Law 34/1998 of 7 October, the inspection of compliance with the requirements and conditions for the maintenance of minimum stocks of natural gas security shall be carried out by the Ministry of Industry, Tourism and trade where the subject is a trader or a consumer whose scope of action is transferred from an autonomous community. This inspection shall be carried out by the autonomous authorities where the obligation affects traders or consumers who carry out their activities only in the territorial area of an autonomous community. "

Four. Article 5.2 is amended, the wording of which is as follows:

" 2. The subjects required to maintain minimum security stocks as set out in Article 50 of Law 34/1998 of 7 October, must send to the Corporation of Strategic Reserves of Petroleum Products, within the first five months of each year, an accounting statement relating to the stocks, purchases and sales of the previous financial year, expressed in physical units, accompanied by an audit report on that status, issued by the auditor of the subject. The said accounting statement shall be made up of the following items: (a) Existence as at 1 January, by raw materials and products.

b) Monthly purchases, by raw materials and products. c) Monthly sales, by raw materials and products. (d) Stocks at 31 December, for raw materials and products.

Such a stock, purchase and sales statement will be signed by person with sufficient powers to do so and must be forwarded, together with the relevant audit report, to the Strategic Reserves Corporation of Petroleum products, except where no sales or consumption have occurred in the corresponding annual period in which case it may be replaced by an express declaration of the absence of activity during the financial year concerned. '

Five. Article 8 is amended, which is worded as follows:

" Article 8. Minimum safety stocks of liquefied petroleum gases.

1. In accordance with Article 50 of Law 34/1998 of 7 October 1998, the Hydrocarbons Sector is required to maintain, minimum stocks of the safety of liquefied petroleum gases in the amount determined in accordance with Article 2.1. of this royal decree: (a) wholesale operators with authorisation of activity as regulated in Article 45 of Law 34/1998 of 7 October for their annual sales on the domestic market, excluding sales to other operators by major.

(b) Companies that develop a retail trade activity of liquefied petroleum gases regulated in Law 34/1998 of 7 October in the part of their annual sales on the domestic market not supplied by the wholesale operators, regulated in Article 45 of that law. (c) Consumers of liquefied petroleum gases on the part of their annual consumption not supplied by the wholesale operators covered by Article 45 of Law 34/1998 of 7 October, or by undertakings carrying out an activity of the marketing of liquefied petroleum gases, regulated in that law.

2. The Minister for Industry, Tourism and Trade is empowered to lay down the criteria for determining stocks of liquefied petroleum gases which must be counted as minimum security for the purposes of compliance with this obligation. '

Six. Article 9 is amended, the new wording of which is as follows:

" Article 9. Petroleum products subject to the obligation to maintain minimum safety stocks.

1. The obligation to maintain minimum stocks of petroleum product safety in the quantities referred to in Article 2 concerns the following product groups: 1. Liquefied Petroleum Gases.

2. Auto and aviation gasolines. 3. Automotive Gasoils, other gas oils, aviation kerosene and other kerosene. 4. Fueloleos.

They shall also be considered as products for the purpose of maintaining minimum safety stocks, all fuels and liquid or gaseous fuels not expressly provided for in the preceding paragraphs. groups, provided that they are intended for uses identical to those collected there.

Those biofuels which are likely to be mixed for consumption with products from any of the above groups shall be understood as falling within that product group. The Minister for Industry, Tourism and Trade may amend the obligation to maintain minimum safety stocks for companies that place biofuels or biofuels on the market, in accordance with the definition given in the provision The second is the tenth sixth of Law 34/1998 of 7 October of the Hydrocarbons Sector, determining the content of the obligation as well as its form of computation. 2. Minimum security stocks of petroleum products may be maintained in the form of crude oil, raw materials or semi-refined products. The equivalence of crude, raw material and semi-refined to each product category shall be made, at the choice of the subject, in accordance with any of the following alternative procedures:

(a) According to the proportions and quantities corresponding to each category of products produced during the calendar year preceding the refinery or set of refineries in each business group; or

(b) Taking into account the ratio of the total quantity of products covered by the minimum stock maintenance obligation manufactured during the preceding calendar year at the refinery or set of refineries in each group and the total quantity of crude used during that year; or (c) According to the production schedules of the refinery or set of refineries in each business group for the current year.

In these three procedures, the above should not apply to more than 40 percent of the total obligation for the first, second and third group (liquefied petroleum gases, gasoline and middle distillates), or more than 50 percent of the fourth group (fuel oils).

3. For the purposes of calculating the minimum security stocks to be used for compliance with the obligation laid down in the preceding Articles, stocks in the form of crude oil, raw materials and semi-refined products shall be The Commission has proposed that the Commission should take into account the fact that the Commission has not yet taken a decision on the matter. Only 90% of the stocks in each product group and crude and semi-refined products may be counted as minimum security stocks. 4. The Directorate-General for Energy Policy and Mines, of the Ministry of Industry, Tourism and Trade, is empowered to establish or modify, with the necessary periodicity and when technical reasons or international commitments so advise or on the basis of a reasoned request from the undertakings holding the refineries concerned, the value of the coefficients of equivalence and the percentages to be calculated in paragraphs 2 and 3 above. '

Seven. Article 10 (4) is worded as follows:

" 4. The minimum safety stocks must be stored in any of the systems described in paragraph 1 of this Article and in such a way that they can be taken on a continuous basis over a period of 92 days in the case of products. liquid and 20-day oil in the case of liquefied petroleum gases. "

Eight. Article 11 is amended as follows:

" Article 11. Minimum stocks of security of petroleum products outside the Spanish territory.

The Minister of Industry, Tourism and Trade is empowered to authorize compliance with the obligation to maintain minimum stocks, including strategic ones, of petroleum products to the obligated and to the Petroleum Products Strategic Reserves Corporation, if any, with crude and products stored on its own in another European Union Member State, provided that, as a precondition, an agreement exists (a) an intergovernmental agreement with that State which ensures that the conditions of competition are maintained and ensure the availability of stocks for the purposes referred to in Article 49 of Law 34/1998 of 7 October, and provided that it does not prejudice the security of domestic supply. It may also amend the amount of the percentages referred to in the following paragraphs of this Article.

The percentage of minimum security stocks that the subject must store in other Member States of the European Union may not exceed 40% of the total minimum security stocks at any time. that subject must be held to maintain by virtue of the legislation in force. Where the amount of minimum security stocks located in other Member States of the European Union by all the required subjects exceeds 15% at national level, they shall be required for the authorization of the maintenance of additional amounts of minimum security reserves outside the Spanish territory reports from the National Energy Commission and the Strategic Reserves Corporation that consider the impact on security of supply. "

Nine. Article 12 is amended, the wording of which shall be as follows:

" Article 12. Start of activity.

In the case where an obligor initiates his or her activity or has not consumed or made any sale of petroleum products in the preceding year, the means of sale or consumption according to which he or she must comply with its minimum security stock obligations shall be replaced during the first 15 months of activity by a reasoned estimate of sales or consumption on a proposal from the obligated subject, which shall be approved by the General Directorate of Energy and Mines Policy, Ministry of Industry, Tourism and Trade. Such an estimate shall be checked and may be reviewed by the Directorate-General for the purpose of updating the scope of the obligation to maintain the minimum stock of security of the subject. "

Ten. Article 13 (3) is deleted. 11. The title and content of Article 14 is amended, which shall be amended as follows:

" Article 14. Strategic stocks of liquid hydrocarbons.

1. The consideration of strategic stocks of liquid hydrocarbons shall be the part of the minimum security stocks that are constituted, maintained and managed by the Petroleum Products Strategic Reserves Corporation. At least 45 days of the total obligation of the minimum security stocks of the set of bound subjects, excluding liquefied petroleum gases, shall have this character.

2. Strategic reserves shall be constituted which shall count in favour of each of the subjects required for at least 40 days of the minimum security stocks, excluding liquefied petroleum gases, of each subject bound. That quantity may be increased to meet the limit laid down in the previous paragraph in so far as the reserves formed in accordance with the procedure described in paragraph 3 were not sufficient. 3. The subject to the maintenance of minimum security stocks referred to in Article 7 may request the Strategic Petroleum Reserve Corporation to extend its strategic stocks by one year. an amount equivalent to an additional 35 days of all of its minimum security stock maintenance obligations. 4. The required persons who opt for the alternative set out in the previous paragraph shall make the application, binding, for a minimum period of three years, to the Corporation of Strategic Petroleum Products Reserves. Applications shall be renewed annually. The Petroleum Products Strategic Reserves Corporation will determine the deadlines and conditions for receipt of applications. In cases where the capacity requested in accordance with paragraph 3 exceeds the storage capacity available to the Strategic Petroleum Reserve Corporation of Petroleum Products, the capacity allocation shall be allocated in accordance with the following conditions: the following order of priority:

1. Applications made by subjects belonging to business groups without refining capacity in the Spanish territory or in any other Member State of the European Union with which an agreement has been concluded In the terms of Article 11 of this royal decree.

2. Applications made by subjects belonging to a business group without refining capacity in the Spanish territory but with the capacity of refining in any other Member State of the European Union with which a intergovernmental agreement in the terms of Article 11 of this royal decree. 3. Applications made by subjects belonging to business groups with refining capacity in the Spanish territory.

In cases where the available capacity is not sufficient to satisfy all requests from the same group as set out in the above criteria, a uniform distribution of the number of days available shall be made for all the applications of that group.

In the event that any reductions in the storage capacity available by the Strategic Petroleum Reserve Corporation are produced, such reduction will be attributed to the subjects applying the criteria. in reverse order. Once the capacity has been allocated, the Petroleum Products Strategic Reserves Corporation and the obligated subject will sign the corresponding contract that will be adjusted to the type contract referred to in Article 32. 5. The Minister for Industry, Tourism and Trade may amend the number of days referred to in paragraphs 2 and 3 of this Article, in the light of market developments and the availability of storage infrastructures. by the Corporation for Strategic Reserves of Petroleum Products. 6. The subjects referred to in paragraphs b and c of Articles 7 and 8 of this royal decree which do not achieve sales or consumption equivalent to 0.5% of the total volume of each group of petroleum products, sold or consumed in the national territory, may request the maintenance by the Corporation of Strategic Reserves of Petroleum Products up to 100 percent of its obligation. Such requests shall be given preference over those made by the other bound subjects. The Petroleum Products Strategic Reserves Corporation will determine the deadlines and conditions for receipt of applications. 7. Strategic stocks shall not exist within the minimum security stocks corresponding to liquefied petroleum gases. "

Article 2. Amendment of Royal Decree 1716/2004 of 23 July, regulating the obligation to maintain minimum stocks of security, diversification of natural gas supply and the corporation of strategic reserves of products oil. Amendments relating to Chapters III of Title I.

Royal Decree 1716/2004 of 23 July, regulating the obligation to maintain minimum stocks of security, diversification of natural gas supplies and the corporation of strategic reserves of Petroleum products are amended as follows: One. Article 15 is worded as follows:

" Article 15. Subjects required to maintain minimum stocks of natural gas safety.

They are obliged to maintain minimum stocks of natural gas security, in accordance with the provisions of Article 98 of Law 34/1998 of 7 October: (a) Natural gas marketers, for their firm sales in the national territory.

(b) Direct consumers on the market, in the part of their firm consumption not supplied by authorised traders. "

Two. Article 16 is amended as follows:

" Article 16. Firm supplies.

1. For the sole purpose of determining the obligation to maintain minimum security stocks, firm supplies shall be considered to be those which are not included in any of the following cases: (a) an uninterruptible toll, under the conditions laid down in the applicable rules.

(b) Supplies made under a contract between a marketer and a consumer in which commercial interruption clauses have been included, provided that the contract complies with the provisions laid down in the current rules of application, as well as the following conditions:

i) The supply point must have a telemedide equipment.

(ii) The period of possible termination of the contract must exceed 10 days per year and the duration of the contract must be at least annual.

For each obligated subject they will not be considered as commercial interruptible supplies, for the purposes of the minimum security stock maintenance exemption, more than 25 percent of their total annual sales.

Marketers shall forward to the Strategic Petroleum Reserve Corporation and to the technical manager of the system the relationship of customers with commercial interruptibility referred to in point 2. above, indicating location, contracted daily flow, previous year's consumption, interruption period, and start and end dates of the contract. In turn, the technical manager of the system must send to the Corporation of Strategic Reserves of Petroleum Products the relationship of consumers with the interruptible toll along with its annual consumption. All the information referred to in the preceding paragraph shall be submitted by 20 February of each year.

2. Direct consumers on the market with a telematic equipment shall be exempted from the obligation to maintain minimum security stocks as set out in Article 2.2 up to a maximum of 25% of their total annual consumption provided that, before 20 February of each year, the Strategic Petroleum Reserve Corporation and the technical manager of the system, an express declaration in which they assume, for a period of at least one year, the commitments, rights and obligations under the existing rules for commercial interruptibility including a period of possible interruption, specified in the declaration, exceeding 10 days. "

Three. Article 17 is worded as follows:

" Article 17. Accounting for minimum stocks of natural gas security.

1. All subjects required for the maintenance of minimum stocks of natural gas security must have at all times minimum security stocks of a strategic nature equivalent to 10 days of their firm sales in the year. Previous calendar. Such stocks shall be kept in underground storage of the basic network, with the part of the buffer gas of the underground storage removable by mechanical means.

The amount and location of such stocks may be modified by the Minister of Industry, Tourism and Trade. Notwithstanding the foregoing, the persons holding the minimum security stocks outside the gas system, in the cases provided for in Law 34/1998 of 7 October of the Hydrocarbons Sector, will maintain the reserves of strategic character. on its own premises. The mobilisation of the minimum security stocks of a strategic nature shall be the sole responsibility of the Government. 2. All subjects required for the maintenance of minimum stocks of natural gas security shall, in addition to the strategic stocks referred to in the previous paragraph, of operational stocks equivalent to 10 days of their firm sales in the preceding calendar year, which shall be computed as follows:

(a) The required subjects shall credit the maintenance of stocks in the year n equivalent to 2 days of their firm sales in the previous year. Such stocks shall be credited as an average of the daily values in each and every month of the period from 1 April of year n to 31 March of year n + 1.

Such stocks may be maintained in regasification plants or in underground storage excluding the buffer gas, or in satellite plants. Such infrastructure may or may not belong to the core network. (b) In addition to the provisions of paragraph (a), and on average during the month of October of year n, the obligated subjects shall credit the 8-day maintenance of their firm sales during the year n-1. Such stocks shall be credited as an average of the daily values of each of the days of October and shall be maintained in any type of underground storage or in storage facilities which do not belong to the basic gas network. natural.

The amounts set out in each of paragraphs (a), and (b), as well as their mode of calculation, may be modified by the Minister of Industry, Tourism and Trade.

The mobilization of the minimum operational security stocks will be carried out by the subjects with the limitations that will be established by the Secretary General of Energy in the corresponding Winter Plans. 3. For the purposes of calculating the obligations referred to in paragraphs 1 and 2, annual sales shall be regarded as annual sales to final consumers by the taxable person in the preceding calendar year, or the consumption of the preceding year in the case of direct consumers on the market. The calculation of the obligation shall be carried out annually and shall apply in the period from 1 April of each year to 31 March of the following year. 4. In compliance with the obligation of minimum stocks of natural gas security, the quantities of gas which are the property of the subject or are fully available under lease agreements may be counted as such. 5. They shall not be counted as minimum security stocks:

(a) Natural gas reserves located in the fields of origin.

(b) Those included in the gas pipelines of the gas system. (c) The quantities on board liquefied natural gas (LNG) transport vessels. (d) the gas existing in underground storage which cannot be technically extracted.

6. In any event, stocks must be held in Spanish territory in order to be counted as minimum security stocks, except as provided for in Article 18.

7. The provisions of the preceding paragraphs of this Article shall not apply to non-island territories without connection to the peninsular gas system. The Minister for Industry, Tourism and Trade is entitled to establish the amount and the conditions of the obligation to maintain minimum security reserves in these territorial areas. "

Four. Article 19 is amended as follows:

" Article 19. Start of activity.

In the case of market-direct traders and consumers who start their business, the means of sale under which they are required to meet their minimum security stock obligations shall be replaced, for the first year, by a reasoned estimate of sales, which must be approved by the General Directorate of Energy Policy and Mines, of the Ministry of Industry, Tourism and Commerce. For consumers who make use of the right of access for the first time, the basis on which to calculate their minimum security stocks may be calculated on the basis of the firm consumption of the previous year taking into account how many circumstances can be justified in an amendment to the basis for the calculation of minimum security stocks. "

Five. The wording of Article 20 becomes the following:

" Article 20. Criteria for determining the content of the obligation.

1. The maintenance obligations of minimum stocks of natural gas may be fulfilled by the subject of any of the following forms: (a) By storing gas from his property in installations of his ownership.

b) By storing gas from your property in third-party ownership facilities. (c) by subscription of contracts for the lease of gas to ensure full availability, provided that such gas does not compute in favour of another bound subject.

2. For the purposes of determining the content of the obligation to maintain minimum security stocks in accordance with Article 2, they shall not be considered to be sales made between traders. Exports and outputs of products to other countries of the European Union should also be excluded.

3. Groups of companies in the sector may compute their sales and establish their minimum stocks of natural gas security on a consolidated basis. The Directorate-General for Energy Policy and Mines of the Ministry of Industry, Tourism and Trade is empowered to lay down the requirements and set the criteria to be met by the different companies of each business group for the purposes of be able to carry out such consolidation. "

Six. Article 21 is amended to read as follows:

" Article 21. Diversification of supply.

1. For the purposes of Article 3, provision is made for supplies coming from the same country to those who are directly engaged with producers in that country, as well as those who, still originating from or not the country concerned is directly linked, by reason of origin, to the country's production activity.

2. For the purposes of compliance with the obligation to diversify, the annual amounts of gas incorporated into the Spanish system shall be taken into account to cover supplies and sales in the preceding calendar year for domestic consumption. Before 30 April of each year, the subjects incorporating gas into the system will send to the Corporation of Strategic Petroleum Products Reserves the relationship of firm sales and gas imports, by country of origin, corresponding to the year natural precedent. The Petroleum Products Strategic Reserves Corporation will publish, at least semi-annually, the percentage of diversification in our country, indicating the time period to which this percentage is affected. 3. Where a subject obliged to maintain the diversification in his/her supplies, in accordance with Article 3.1 of this provision, wishes to enter into a gas supply contract which may exceed the proportion of 50% of gas from the main supplier country of the Spanish market, according to the information published by the Corporation for Strategic Petroleum Products Reserves pursuant to paragraph 2 of this Article. Article, may be addressed to the Ministry of Industry, Tourism and Commerce requesting authorization to subscribe to that contract, which shall be settled as referred to in the following paragraph. 4. The Ministry of Industry, Tourism and Trade shall decide on the application for authorization referred to in the previous paragraph, following a report by the National Energy Commission. For the assessment of applications submitted, the following criteria shall be taken into account:

1. To promote competition in the supply of gas.

2. To improve security of supply. 3. No other than to the detriment of the effective functioning of the gas market. 4. No that would not be detrimental to the effective functioning of gas infrastructures.

The resolution authorizing the signing of a gas supply contract that could exceed the 50 percent share of gas from the main supplier country on the Spanish market will have to be motivated. duly and shall be published, including the following information: (a) The detailed reasons for authorising the subscription of the contract.

b) The duration of such authorization. (c) Detailed analysis of the impact of the granting of the authorization on competition and the effective functioning of the market. (d) Effects on the diversification of the supply generated by the authorisation.

5. Without prejudice to the powers of development of this royal decree, the Ministry of Industry, Tourism and Trade will be able to modify the percentages of diversification of supplies, prior to the report of the National Energy Commission, according to the availability of the system and the evolution of the Spanish gas market and international markets. "

Article 3. Amendment of Royal Decree 1716/2004 of 23 July, regulating the obligation to maintain minimum stocks of security, diversification of natural gas supply and the corporation of strategic reserves of products oil. Amendments to Title II and other provisions of the royal decree.

Royal Decree 1716/2004 of 23 July, regulating the obligation to maintain minimum stocks of security, diversification of natural gas supplies and the corporation of strategic reserves of Petroleum products are amended as follows: One. Article 25 is amended, which is worded as follows:

" Article 25. Contribution of the obliged subjects.

1. Strategic stocks and, in the case of liquefied petroleum gases, minimum security stocks, which are set up in accordance with the provisions of Article 14, shall be financed by the obligors defined in Article 7 and 8, by payment of a unit fee, in terms of euro per metric tonne or cubic meter sold or consumed per day, to be paid in proportion to the days of stocks held by the Strategic Petroleum Reserve Corporation keep each subject bound, which will be different for each product group. This quota shall be determined on the basis of all the costs provided by the Strategic Petroleum Reserve Corporation for the formation, storage and conservation of the strategic stocks of each product group, the the financial reserve referred to in the fourth paragraph of Article 52.3 of Law 34/1998 of 7 October, as well as the cost of the other activities of the Corporation for Strategic Reserves of Petroleum Products related to petroleum products.

2. For the financing of the expenses of the Corporation for Strategic Reserves of Petroleum Products in activities related to liquefied petroleum gases and natural gas, including the allocation to the reserve referred to in the (a) an annual quota shall be established which shall satisfy the required subjects as defined in Article 8 and Article 15, in the light of their market share, measured by volume of sales or consumption of the total market. 3. Exceptionally, when the correct fulfillment of the purposes of the Strategic Petroleum Reserve Corporation so advises and in order to guarantee, at all times, its financial solvency, it may be established extraordinary character. 4. The quotas referred to in the preceding paragraphs shall have the nature of private-law income, and their default shall be claimed by the exercise of the corresponding actions, exclusively before the courts and tribunals of the jurisdiction "

Two. Article 26 (1) and (2) are amended to read as follows:

" 1. The quotas referred to in paragraphs 1 and 2 of the previous Article shall be approved for each calendar year by the Minister for Industry, Tourism and Trade.

To this end, the Strategic Petroleum Reserve Corporation will draft a proposal that will be accompanied by a comprehensive budget of the revenues and expenses foreseen for the corresponding financial year and the criteria applied for determining the amount of unit quotas. Once the annual quotas have been approved, the Strategic Reserves Corporation may request the modification of the same to the increase or the reduction to a maximum of 5 percent, to the General Directorate of Energy Policy and Mines, providing the supporting documentation of the application. 2. The extraordinary contributions referred to in paragraph 3 of the previous Article shall be established by order of the Minister for Industry, Tourism and Trade on a proposal from the Strategic Petroleum Reserve Corporation, to which the accompany the corresponding explanatory memory. "

Three. Article 27 is amended as follows:

" Article 27. Payment of the quotas.

1. Subject to the maintenance of minimum security stocks, the subject shall be sent monthly to the Petroleum Products Strategic Reserves Corporation within the time limits and models to be set for such purposes, sales statement or consumption. corresponding to the preceding calendar month, determined in accordance with Articles 10 and 17. Subject to the payment of the quotas referred to in Article 25 (1), without prior notice, they shall, where appropriate, enter in favour of the Corporation for Strategic Petroleum Products Reserves, within the time limits, in accordance with the provisions of Article 25 (1) of the Treaty. the form and through the means it determines, the quantities resulting from the application of those quotas. The quantities corresponding to the quota referred to in Article 25 (2) shall be entered on a yearly basis by the persons who are bound by the market share of each of them in the preceding year for the products concerned by the obligation.

2. The income in favour of the Corporation for Strategic Reserves of Petroleum Products of the amount of the extraordinary contributions referred to in Article 25 (3) shall be made within the time limit laid down by the ministerial order in which they are fixed and in the form and through the means that the Strategic Petroleum Reserve Corporation determines. 3. The lack of payment within the indicated period shall give rise to the accrual of interest for late payment from the day following its completion to which the income is made, at the rate resulting from the addition to the legal interest of the money in force at any time percentage points. 4. The Petroleum Products Strategic Reserves Corporation will formally require obligated subjects not to present their sales statements or to consume or not to enter in favor of the corresponding quotas, with the a warning that, if they do not remedy such deficiencies, it will raise the proposal for the initiation of a sanctioning file to the competent administrative authority for the purposes set out in Articles 108 et seq. of Law 34/1998 of 7 October. All this without prejudice to the exercise of the actions before the civil jurisdiction that correspond to the recovery of the amounts owed to the Corporation of Strategic Reserves of Petroleum Products. 5. The total or partial non-payment of the quotas to the Petroleum Products Strategic Reserves Corporation shall be deemed to be a serious or very serious infringement of the rules on minimum security stocks, in accordance with the provisions of the Articles 109 and 110 of Law 34/1998 of 7 October. '

Four. The first paragraph of Article 30.1 is amended, the wording of which shall be as follows:

" 1. The Petroleum Products Strategic Reserves Corporation will constitute and maintain the minimum security stocks rated as strategic crude oil and petroleum products finished through the procedures. following: "

Five. Article 31 (2) is amended and a new paragraph 3 is added to the same Article. The wording of those paragraphs shall be as follows:

" 2. The acquisitions or leases of storage capacity by the Petroleum Products Strategic Reserves Corporation will be made in market conditions.

3. For the fulfilment of the maintenance obligations of strategic stocks, and in accordance with what is established in the mandatory planning in the area of storage facilities of strategic reserves of hydrocarbons, the Minister of Industry, Tourism and Commerce will be able to establish plans of performance of obligatory performance for the Corporation of Strategic Reserves of Petroleum Products. In the first quarter of each year, the Corporation shall submit to the Secretary General of Energy a report justifying the mechanisms envisaged to comply with the obligations of maintaining strategic stocks as well as the annual and multi-annual plans for investment in storage infrastructure for approval or modification. The calculation of the quotas referred to in Article 25 (1) shall include the costs provided for in the said investment plan. These quotas will be collected and maintained by the Strategic Petroleum Reserve Corporation for the financing of the indicated plan. "

Six. Article 32 is worded as follows:

" Article 32. Type contracts.

The operations of purchase, sale, swap, lease, and storage of strategic reserves, as well as the establishment of minimum security stocks as referred to in Article 14 (4) and (6), shall be adjusted to standard contracts, the models of which shall be approved by the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Tourism and Trade. '

Seven. Article 34 (2) shall be worded as follows:

" 2. The Petroleum Products Strategic Reserves Corporation will perform well on its own, either through the storage service lessors or operators with capacity to do so, the rotation of their stocks and how many operations are accurate for the maintenance of the quality of finished products stored as strategic stocks. '

Eight. The second transitional provision is amended, which is amended as follows:

" Second transient disposition. Increase in strategic stocks.

1. The provisions of Article 14 (1) and (2) shall apply from 31 December 2010.

2. Reserve increases shall be made on behalf of the obligated subjects to be carried out by the Petroleum Products Strategic Reserves Corporation from the entry into force of this provision until sufficient capacity is reached for comply with the provisions of Article 14, shall be allocated among the subjects who request it in accordance with the criteria set out in paragraphs 4 and 6 of that Article. The Minister for Industry, Tourism and Trade may amend the provisions of this provision on the basis of market developments and the availability of infrastructure. "

Nine. The third transitional provision is amended, which is worded as follows:

" Transitional provision third. Obligation to maintain minimum safety stocks for carriers.

1. Until 1 July 2008, carriers incorporating natural gas into the system will be required to maintain minimum safety stocks for their firm sales to natural gas distributors.

2. For the purposes of calculating the obligation of minimum security stocks by the traders of last resort of natural gas as from 1 July 2008, they shall be included in the calculation of sales for the previous year of such stocks. marketing the consumption carried out in the previous calendar year by the consumers who have been assigned to them in compliance with the provisions of the fourth transitional provision of Law 12/2007 of 2 July, amending the Law 34/1998 of 7 October of the Hydrocarbons Sector in order to adapt it to the provisions of Directive 2003 /55/EC of the European Parliament Parliament and the Council of 26 June 2003 on common rules for the internal market in natural gas. '

Ten. A new transitional provision is added, which will be the fourth, with the following wording:

" Transitional provision fourth. Adaptation for the compliance of the number of days of minimum safety stocks of petroleum products.

Until 31 December 2009, the obligation to maintain minimum security stocks referred to in Article 2 (1) and Article 10 (4) is fixed within 90 days of the sales or consumption of the subject to the calculation procedure laid down in that Article in the preceding 12 months. '

Once. A new transitional provision fifth is added, which will have the following wording:

" Transient Disposition fifth. Investment Plan of the Petroleum Products Strategic Reserves Corporation.

In the first quarter of 2008, the Strategic Petroleum Reserve Corporation will present to the Secretary General of Energy the first investment plan referred to in Article 31 (3) of the present royal decree.

This plan shall include a detailed analysis of the investments necessary to comply with the provisions of Article 14.1 of this Royal Decree. "

Twelve. Article 5 of the Annex is amended, which includes the Statutes of the Petroleum Products Strategic Reserves Corporation, which has the following wording:

" Article 5. Territorial scope.

The Corporation has a State-wide scope and its activities extend to the entire territory of the Spanish State without prejudice to the provisions of Article 11 of this Royal Decree, and of the provisions of Article 3 (3) of the Council Directive 2006 /67/EC of 24 July 2006 requiring Member States to maintain a minimum level of stocks of crude oil and/or petroleum products. '

Thirteen. Article 6 (1) of that Annex is amended to read as follows:

" 1. All operators authorized to distribute petroleum products, including liquefied petroleum gases, shall be members of the Petroleum Products Strategic Reserves Corporation for the compulsory membership. 'oil', as referred to in Articles 42 and 45 of Law No 34/1998 of 7 October 1998, as well as the natural gas traders covered by Article 58.a) and (d) of that Law. '

Fourteen. Article 11 of the same Annex is amended, with the following wording:

" Article 11. The Board of Directors.

1. The Board of Directors will consist of 11 members in addition to the Chairman of the Petroleum Products Strategic Reserves Corporation, who will chair the Board.

2. The Chairman of the Strategic Petroleum Reserve Corporation and four of the members of the Board of Directors shall be appointed by the Minister of Industry, Tourism and Trade for a term of five years and may be re-elected by equal periods. One of these vowels will be proposed by the National Energy Commission. 3. The remaining seven vowels shall be elected by the General Assembly for a term of five years and may be re-elected for equal periods as follows:

(a) The operators authorized to distribute to the wholesale petroleum products, which have the capacity to refine in the national territory, will elect three representatives.

b) Operators without refining capacity, authorized to distribute wholesale petroleum products, will elect two representatives. (c) Operators authorised to distribute oil liquefied petroleum gases shall choose a voice. d) The natural gas marketers of the Strategic Petroleum Reserve Corporation of Petroleum Products will choose a vocal.

4. The Board of Directors shall elect, from among its members, by a majority, a Vice-President, who shall have as functions the organic functions arising from the replacement of the President.

5. The Board of Directors may set up one or more committees, with specific powers on any of the parcels constituting the legal object of the Strategic Petroleum Reserve Corporation, although subject to control. The last of the Board of Directors, or in order to comply with the regulations in force at every moment. The Board of Directors, when setting up such committees, shall provide for the specific powers they assume, their deliberation procedures and operating rules, the number and identity of their members, as well as any other circumstances they may consider. convenient. 6. If one of the elected members ceases before the expiry of his term of office, the Board may appoint a new vowel for the time remaining until the next General Assembly. "

Fifteen. Paragraph (b) of Article 13.1 of that Annex is amended, the wording of which shall be as follows:

"(b) The products and income of the goods and rights that constitute their assets."

Article 4. Amendment of Royal Decree 949/2001 of 3 August, which regulates the access of third parties to gas installations and establishes an integrated economic system of the natural gas sector.

Royal Decree 949/2001 of 3 August, which regulates third-party access to gas installations and establishes an integrated economic system for the natural gas sector, is amended as follows: One. A new paragraph is added to Article 5 (2) The new paragraph is inserted after the second paragraph and has the following wording:

" When the technical manager of the system considers that the request for access may be the cause of the refusal provided for in Article 8 (b) of this Royal Decree, it shall forward it to the National Energy Commission, so that application of Article 70 of Law 34/1998 of 7 October of the hydrocarbon sector, which is binding on the holder of the installation on the desirability of refusing or conditioning it in accordance with the principle of proportionality. '

Two. A new paragraph 3 is added to Article 5 with the following wording:

" 3. By way of derogation from paragraph 1 of this Article, the Minister for Industry, Tourism and Trade may lay down criteria for the allocation of capacity to the gas infrastructure in which congestion or connections may occur. (a) to ensure a more effective management of access to them, in order to ensure that they are managed more effectively. "

Article 5. Amendment of Royal Decree 1434/2002 of 27 December regulating the activities of transport, distribution, marketing, supply and procedures for the authorisation of natural gas installations.

Royal Decree 1434/2002 of 27 December on the activities of transport, distribution, marketing, supply and authorisation procedures for natural gas installations is amended as follows: One. Article 17 is amended to read as follows:

" Article 17. Validity of the authorisation and extensions.

The authorization to exercise the natural gas marketing activity will have an indefinite validity.

Annually, within the first quarter of each year, the companies authorized to carry out the marketing activity shall submit to the competent authority the supporting documentation that they continue to comply with the conditions which give rise to the authorisation, as well as a summary of the activities carried out in the preceding year, together with the balance sheets of the last financial year, to which the independent auditor's report must be attached. The Authorising Administration may request additional information or extension of the contribution. "

Two. It is amended from Article 18 (2) (b), which is read as follows:

"(b) Proven compliance with the conditions required to perform the marketing activity as well as the conditions which give rise to the authorization to carry out the activity."

Single additional disposition. Referral of information.

1. The persons carrying out the activity of selling liquid hydrocarbons, including liquefied petroleum gases, shall be obliged to submit to the Ministry of Industry, Tourism and Trade the information to be determined in relation to the activity which develop within the liquid hydrocarbon sector. Such information shall include, inter alia, the remission of the quantities sold and the sales prices applied to those quantities with the periodicity to be determined. The dissemination of this information shall respect the confidential nature of the information protected by commercial secrecy.

2. The Ministry of Industry, Tourism and Trade shall give access to the National Energy Commission to the information referred to in this additional provision and to be precise for the exercise of its powers. 3. The provisions of the preceding paragraphs shall be developed by the Minister for Industry, Tourism and Trade.

Single repeal provision. Regulatory repeal.

Order ITC/543/2005, dated March 3, is hereby repealed, whereby I know that it sets the timetable for the increase of strategic stocks of the Strategic Petroleum Reserve Corporation, as well as how many. provisions of equal or lower rank are opposed to the provisions of this royal decree.

Final disposition first. Basic character.

This royal decree has a basic character in accordance with the provisions of Article 149.1.13. and the 25th of the Constitution.

Final disposition second. Entry into force.

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

Given in Madrid, 28 December 2007.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade, JOAN CLOS I MATHEU