the Royal Decree-Law 5/2004 of 27 August, which regulates the regime of trade in greenhouse gas emission rights, specifies in Article 4 the installations subject to the authorisation of emission, between The invention relates to a device for generating electric power generation plants. The National Allocation Plan 2005-2007, approved by Royal Decree 1866/2004 of 6 September, sets out the total amount of allowances allocated to the electricity sector. In turn, the Council of Ministers ' Agreement of 21 January 2005 details the individual allocation of allowances to the said facilities. Furthermore, the Royal Decree-Law 3/2006 of 24 February 2006 amending the mechanism of appeal of the tenders for the sale and purchase of energy submitted simultaneously to the daily and intraday production market by the Article 2 of Regulation (EC) No 62001 of the European Parliament and of the Commission of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament Greenhouse gas emissions from the greenhouse gas emissions from the greenhouse gas emissions Allocation for 2005-2007 during the corresponding periods. Article 2 (3) of Royal Decree-Law No 3/2006 of 24 February 2006 enables the Minister for Industry, Tourism and Trade to develop the same Article. Therefore, this provision requires the holders of electrical energy production facilities to make a payment corresponding to the year 2006, which will be calculated on the basis of objective variables. The amount by which the remuneration of the production facilities is undermined is equivalent to the excess revenue obtained by the internalisation in the offers of sale of the cost of the allowances allocated free of charge. The scope of this provision includes all the facilities of the ordinary market, in the peninsular territory, since all of them have benefited from this overincome. While the efficient behaviour of the agents on the market involves the internalisation of the opportunity costs, the minorisation is applicable to all the energy sold by each installation, regardless of the mode of employment. In accordance with the provisions of the Additional Article 11 (1), second and fourth functions of Law No 34/1998 of 7 October 1998, of the Hydrocarbons Sector and of Royal Decree 1339/1999 of 31 July 1998 on the Regulation of the National Energy Commission, has issued its mandatory report dated December 21, 2006. Moreover, for the elaboration of the order, the mandatory processing of the interested parties has been carried out. The text of this order was submitted to the report of the Government's Delegation for Economic Affairs at its meeting on 15 November 2007. In its virtue, according to the State Council, I have:

Article 1. Object.

Constitutes the object of this order, in the development of the article dos.3 of Royal Decree-Law 3/2006, of February 24, the regulation of the minororation, for the year 2006, of the remuneration of the activity of production of electrical energy for an amount equal to the value of the carbon dioxide emission allowances allocated free of charge to this activity.

Article 2. Scope.

1. The provisions of this order shall apply to the holders of each of the electrical energy production facilities under ordinary conditions, whatever their technology, in the peninsular territory.

2. Electrical power generation facilities in special arrangements and those of island and extra-island territories are not subject to this provision.

Article 3. Minoron for the period from 3 March to 31 December 2006.

1. The holders defined in Article 2.1 shall carry out, in the deposit account of the National Energy Commission referred to in the additional provision of this order, a payment corresponding to the period from 3 March to 31 December. December 2006, both inclusive, in order to undermine the remuneration of the production of electricity by an amount equal to the value of the carbon dioxide emission allowances allocated free of charge and corresponding to the indicated period.

2. The amount of the sentence shall be proportional to the excess income obtained on the market by the internalization of the value of those rights, in the terms established in this order.

Article 4. Calculation of the amount of the payment.

The payment for each electrical power generation facility referred to in Articles 2.1 and 3 of this order shall be calculated in accordance with the following formulae: (a) Non-allocation facilities issue in the National Allocation Plan 2005-2007

YTi = QTi × FEM × PCO2T where:

YTi is the payment, in euros, due to the i-nth installation, which would not assign allowances for the T period, from 3 March to 31 December 2006, inclusive.

QTi is the total amount of electrical energy produced by the i-th installation during the T period, from 3 March to 31 December 2006. For the purposes of this Order, the measured energy shall be computed in central bars. In the case of pumping installations, the net production of the T. PCO2T period shall be considered for the calculation of the detraction is the average price of the equivalent tonne of CO2in the period T, from 3 March to 31 December of the year. Year 2006, inclusive, measured in euro per tonne of CO2 equivalent. It shall be calculated as the average of the spot price of each of the days of that period of the equivalent tonne of CO2 in the market of Powernext S.A. The trading days shall be considered the closing price of the market, and the rest of the days shall be consider the closing price of the last trading day before. For installations whose entry into operation is understood to be the final discharge in the register of facilities under ordinary arrangements referred to in Article 171 of Royal Decree 1955/2000 of 1 December 2000 on the activities of transport, distribution, placing on the market, supply and authorisation procedures of electrical energy installations, after 3 March shall be considered only the days of the period from that date of registration. FEM is the emission factor for a natural gas combined cycle facility, in tonnes of CO2 equivalent per megawatt hour. FEM shall adopt the value of 0,365 tonCO2/MWh. (b) Allocatary allowances for allowances in the National Allocation Plan 2005-2007

		XTi =	d	× DAi2006 × PCO2T ×	FEM
					365		FEi

where:

XTi is the payment, in euros, due to the i-th installation of allowances for the period T, from March 3 to December 31 of 2006, both inclusive. For each installation, the maximum limit for the value of XTi shall be that resulting from the application to that installation of the formula for the removal of non-allocatary technologies from Article 4 (a).

d is the number of days of commercial operation of the installation i in the period T. For those installations whose entry into commercial operation, understood is as the high definitive in the registration of regime installations As referred to in Article 171 of Royal Decree 1955/2000 of 1 December 2006, it shall be before 3 March 2006, the value of 304 shall be taken. For installations with input into operation after that date, the value of d shall be calculated as the number of days between the date of registration in the register and 31 December. DAi2006 is the amount of rights allocated in the National Allocation Plan 2005-2007 to the i-th installation for the year 2006, in tons of CO2 equivalent. FEF is the emission factor of the i-th installation, in tonnes of CO2 equivalent per megawatt hour. FEM and PCO2T are the variables defined in the previous section.

Article 5. Additional payment for the period from 1 January 2006 to 2 March 2006.

1. The holders of the facilities referred to in Article 2.1 belonging to the undertakings listed in paragraph I. 9 of Annex I to Royal Decree 2017/1997 of 26 December 1997 for the organisation and regulation of the procedure for the (a) the costs of transport, distribution and marketing at tariff, the permanent costs of the system and the costs of diversification and security of supply shall be paid in addition to the account referred to in the additional provision of this order in order to supplement the payment of the remuneration for the activity of the production of electricity by an amount equivalent to the value of the carbon dioxide emission allowances allocated free of charge for the period from 1 January 2006 to 2 March 2006.

2. The amount of the minorisation shall be proportional to the overincome obtained on the market by the internalisation of the value of those rights during the period from 1 January to 2 March 2006, both inclusive, established in this order.

Article 6. Calculation of the amount of the additional payment.

The amount of the additional payment for each electrical power generation facility referred to in Article 5 of this order shall be calculated according to the following formulae: (a) Non-Allocatary Facilities of allowances in the National Allocation Plan 2005-2007

Yti = Qti × FEM × PCO2t where:

Yti is the additional payment, in euros, due to the i-nth installation, which would not assign allowances for the period t, from 1 January to 2 March 2006, both inclusive.

Qti is the total amount of electrical energy produced by the i-th installation during the t period from 1 January to 2 March 2006, inclusive. For the purposes of this Order, the measured energy shall be computed in central bars. In the case of pumping installations, the net production of the t-period shall be considered for the calculation of the detraction. PCO2t is the average price of the equivalent tonne of CO2 in the t-period from 1 January to 2 March 2006, both inclusive, measured in euro per tonne of CO2 equivalent. It shall be calculated as the average of the spot price of each of the days of that period of the equivalent tonne of CO2 in the market of Powernext S.A. The trading days shall be considered the closing price of the market, and the rest of the days shall be consider the closing price of the last trading day before. For installations with input into operation after 1 January 2006, the calculation shall be considered only for the days of the period from the date of the final registration in the register. FEM is the variable defined in Article 4.

b) Allocatary allowances for allowances in the National Allocation Plan 2005-2007

		Xti =	d	× DAi2006 × PCO2t ×	FEM
					365		FEi

where:

Xti is the additional payment, in euros, due to the i-th installation of allowances for the period t, from January 1 to March 2 of 2006, both inclusive. For an allocation of emission allowances, the maximum limit for the value of Xti shall be that which results from the application to that installation of the formula for the removal of non-allocatary technologies from Article 6 (a).

d is the number of days of commercial operation of the i installation in the t period. For those installations whose entry into commercial operation, understood to be the final discharge in the register of facilities of ordinary regime referred to in Article 171 of Royal Decree 1955/2000 of 1 December 2000, is prior to 1 January 2006, d will take the value of 61. For installations with input into operation after that date, the value of d shall be calculated as the number of days between the date of registration in the register and 2 March 2006. PCO2t is the variable defined in the previous section. DAi2006, FEM and FEF are the variables defined in Article 4.

Single additional disposition. Notification and payment.

1. The National Energy Commission is hereby enabled to request the information necessary to comply with the obligations imposed by this order.

2. Before 15 days after the entry into force of this order, the National Energy Commission shall notify the operators of installations defined in Article 2.1 and the General Secretariat of Energy of the amounts resulting from the application of the above formulas, detailing the calculations made. 3. Before 15 days after the entry into force of this order, the National Energy Commission shall communicate to the holders of the facilities the deposit account where the payments will be made. They shall be paid within 60 days of receipt of the notification if appropriate. In the case of the undertakings listed in paragraph I. 9 of Annex I to Royal Decree 2017/1997 of 26 December 1997, the amount of the sentence corresponding to the premises of their property shall be deducted from the amounts due by them. companies for the contributions made to the financing of the 2006 deficit. Where appropriate, positive balances in favour of the system shall be considered as liquidable income of the system. 4. The National Energy Commission shall communicate to the General Secretariat of Energy, within 30 days of the entry into force of this provision, the final amount of the revenue deficit of the electricity system for the year 2006. 5. According to the additional provision 12 of Royal Decree 871/2007 of 29 June 2007, which is in line with the electricity charges from 1 July 2007, the net amount corresponding to the minorage will be used to reduce the deficit of the Revenue from the electricity system in 2006.

Single end disposition. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, 15 November 2007.-The Minister of Industry, Tourism and Trade, Joan Clos i Matheu.