JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

Directive 98 /30/EC of the European Parliament and of the Council of 22 June 1998 on common rules for the internal market in natural gas established the basis for the creation of the internal market for gas in the Union European. The experience gained with this Directive has made it possible to identify access to the network, access to storage, charging issues, interoperability of systems and the different degrees of market opening between Member States. as the main obstacles to the completion of a fully operational and competitive internal market.

Therefore, Directive 2003 /55/EC of the European Parliament and of the Council of 26 June 2003 established new common rules for completing the Internal Market for Natural Gas and repealed Directive 98 /30/EC. The main aspects covered by the aforementioned European Directive 2003 /55/EC are the obligations which Member States may impose on undertakings operating in the natural gas sector to protect the general economic interest, the protection measures the consumer who can refer to the regularity, quality and price of supplies, supervision of security of supply, enforcement of technical standards, designation and functions of network managers transport, distribution, and the possibility of combined exploitation of both networks, as the organization of access to networks.

The Law includes measures to achieve a fully liberalised internal natural gas market from which increased competition, price reduction, and improvement in the quality of service to the final consumer can be derived. To this end, the proper functioning of access to networks is deepened by ensuring transparency, objectivity and non-discrimination. In order to ensure the absence of discrimination, genuine competition and effective functioning of the market, Article 25 of the Directive sets out the aspects to be monitored by the authorities in each Member State. regulatory.

Law 34/1998, of 7 October, of the Hydrocarbons Sector and its implementing provisions, established the legal regime for the activities of transport, distribution, storage, regasification and supply of the subjects involved in the gas system, in accordance with the provisions of Directive 98 /30/EC and clearly defined the roles and responsibilities of all actors involved in the gas system.

Analyzed the regulations governing the Spanish gas system, taking into account the content of the aforementioned Directive 2003 /55/EC, it should be noted that most of the provisions laid down in Directive 2003 /55/EC are already in place. incorporated in Spanish legislation: Law 34/1998 of 7 October of the Hydrocarbons Sector and its implementing legislation.

notwithstanding the foregoing, the obligations of legal separation in the liberalised market from the activities of transport, distribution, regasification or storage on the one hand, of the production or supply activities of Natural gas, on the other hand, and the functional separation obligation imposed by Directive 2003 /55/EC, requires compliance with that Directive of Title IV of Law 34/1998 on the management of the supply of combustible gases by pipeline.

Therefore, Chapter II of that Title of the Law is amended by redefining the activities of the different subjects acting in the gas system, establishing a legal and functional separation of the names " activities of network " of production and supply activities, and eliminating possible competition between distributors and marketers in the supply sector with the disappearance of the tariff system and the creation of a tariff of last resort to which may be accepted by those consumers who are considered to be in accordance with the situation; evolution of the market.

The Office of Supplier Changes is created, ensuring that the right to change the supplier of gas consumers is exercised under the principles of transparency, objectivity and independence.

To ensure the proper functioning of the new model, the content of Chapter III relating to the Technical Management of the System is adapted, reinforcing the independence of the System Technical Manager, and Chapter IV relating to the activities of regasification, transport and storage of natural gas, requiring legal and functional separation in accordance with the provisions of Directive 2003/55.

In addition, the obligations and rights of the subjects of the gas system carrying out the activities of distribution and supply of natural gas referred to in Chapters V and VI, respectively, of the said Title IV of the Law 34/1998.

Moreover, the necessary modifications are made in Chapter V, in order to adapt the economic regime of the sector to the new situation in which the only agents that make the supply in the field are the commercializers conditions of free competition, with the necessary exceptions for the "supplier of last resort".

The Law adapts the articles of Law 34/1998, of 7 October, of the Sector of Hydrocarbons, in matters of security and diversification of supply, according to the functions assigned to the different subjects that act in the Gas system.

A transitional period is established, until 1 January 2008, for the progressive adaptation of the existing model to the new model defined in this Law.

In addition, as a consequence of the new model established for the functioning of the gas system it is necessary to update the terms of Articles 109, 110 and 115 of the Law establishing the sanctioning regime for the activities of the hydrocarbon sector.

Single item. Amendment of Law 34/1998 of 7 October of the Hydrocarbons Sector.

Law 34/1998 of 7 October of the Hydrocarbons Sector is amended as follows:

One. The title and wording of Article 3 are amended as follows:

" Article 3. Powers of the regulatory authorities.

1. It corresponds to the Government, in the terms set out in this Law:

(a) Exercise the powers of planning in the field of hydrocarbons.

b) Establish the basic regulation corresponding to the activities referred to in this Law.

c) Determine the tolls for the use of facilities affected by the right of access by third parties as well as the rates of last resort, in those cases where the present Law so establishes and fix the rates and prices of services associated with the provision to be determined regulatively.

d) Establish the minimum quality and safety requirements to govern the supply of hydrocarbons.

2. It corresponds to the General Administration of the State, in the terms established in this Law:

(a) Grant the research permits and research permits referred to in Title II, when it affects the territorial scope of more than one Autonomous Community. It shall also grant the operating concessions referred to in this Title of this Law.

b) Grant exploration permits, research permits, and operating concessions in the marine subsoil areas referred to in Title II of this Law. Also, grant exploration permits and research permits when their scope includes both land and marine subsoil areas.

(c) Authorizing the facilities that make up the basic natural gas network, as well as other secondary and distribution facilities, as referred to in this Law, when they leave the territorial scope of a Autonomous Community. It shall also inform, on a binding basis, the authorisations of those installations of the secondary transport network which fall within the competence of the Autonomous Communities. That report shall make explicit reference to the conditions to be applied in the award procedure.

(d) Authorize natural gas marketers when their scope of action is to exceed the territory of an Autonomous Community.

e) Authorize the activity of the wholesale operators of petroleum products and liquefied petroleum gases.

(f) Starting, in the field of their competence, instructions concerning the extension, improvement and adaptation of the transport and distribution infrastructure of hydrocarbons in order to guarantee adequate quality and safety in the energy supply.

g) to inspect, in the field of their competence, compliance with the technical and, where appropriate, economic conditions which are necessary.

h) Inspect compliance with the maintenance of minimum safety stock of the wholesale operators that are required.

(i) Punishment, in accordance with the Law, the commission of the infringements established in this Law in the field of its jurisdiction.

3. It is for the Autonomous Communities within their respective powers:

(a) The legislative development and implementation of the basic regulation on hydrocarbons.

b) Planning in coordination with that carried out by the Government.

c) Grant the exploration permits and research permits referred to in Title II of this Law, when it affects their territorial scope.

(d) Authorizing those installations whose use does not affect other Communities or the transport or distribution does not leave their territorial scope.

e) Authorizing natural gas marketers when their scope of action is to be circumscribed to an Autonomous Community.

(f) Imparting instructions on the extension, improvement and adaptation of the transport or distribution facilities of hydrocarbons resulting from their competition and monitoring compliance with them.

Also, to determine in which cases the extension of the pipeline networks corresponds to a natural extension of the distribution network or is a direct line or a connection, in application of the criteria established by the Government.

(g) to inspect, in the field of installations of their competence, the technical, environmental and, where appropriate, economic conditions of the undertakings holding such facilities.

(h) Inspect the maintenance of minimum safety stocks when such maintenance corresponds to retail distributors or consumers located in their territorial scope.

i) Punishment, in accordance with the Law, the commission of the infractions in the field of their competence.

j) Monitor the performance of the functions of the distribution companies in their territorial scope.

4. Without prejudice to the powers conferred on the various bodies of defence of the Competition, the National Energy Commission, in addition to the functions laid down in the legislation in force and in order to ensure the absence of discrimination and effective market operation, will monitor the following aspects in the natural gas sector:

a) The management and allocation of pipeline capacity.

b) Mechanisms to address capacity congestion in networks.

c) Time used by carriers and distributors to make connections and repairs.

d) The proper publication of the necessary information by carriers and distributors on interconnections, network utilization and capacity allocation to stakeholders.

e) Effective separation of accounts in order to avoid cross-subsidisation between transport, distribution, storage and supply activities.

f) Storage access conditions.

g) The extent to which carriers and distributors are performing their duties.

h) Level of transparency and competence.

i) Compliance with regulations and procedures that are established related to supplier changes, as well as the activity of the Office of Supplier Changes.

To this end, the National Energy Commission may issue circulars, which must be published in the Official State Gazette, to obtain from the individuals who act on the market, how much information is required for perform the monitoring.

5. The General Administration of the State may conclude cooperation agreements with the Autonomous Communities in order to achieve more effective management of the administrative actions related to the facilities referred to in this Law. "

Two. Article 4 (1) and (2) are amended as

:

" 1. The planning of hydrocarbons shall be indicative, with the exception of installations belonging to the basic natural gas network, to the secondary transport network, to the determination of regasification capacity. Total liquefied natural gas needed to supply the gas system, the storage facilities of strategic reserves of liquid hydrocarbons and basic storage of natural gas, to the secondary transport facilities and to the the determination of general criteria for the establishment of supply of retail petroleum products, having in these cases mandatory status for the guarantee of the supply of hydrocarbons.

For the recognition of the remuneration of natural gas installations subject to mandatory planning, it shall be an essential requirement that they have been included in the planning referred to in the preceding paragraph.

2. The planning for hydrocarbons will be carried out by the Government with the participation of the Autonomous Communities and will be presented to the Congress of Deputies. "

Three. The following Articles of Law 34/1998 relating to the oil exploration and exploitation sector are amended:

A new paragraph is added to Article 5, having the above paragraph (paragraph 3) the following wording:

" 3. The restrictions provided for in the planning or planning instruments described in the preceding paragraph concerning the activities of exploration, research and exploitation of hydrocarbons may not be generic and shall be be motivated. "

Article 8 (2) is amended, with the following paragraph being worded as follows:

" 2. Research permits and operating concessions may only be granted, individually or in shared ownership, to commercial companies which credit their technical and financial capacity for carrying out the operations of the investigation and, where appropriate, exploitation of the requested areas.

The commercial companies referred to in the preceding paragraph must include in their social object the carrying out of activities of exploration, research or exploitation of hydrocarbons or of storage subways. "

Article 9 (2), (3) and (4) are amended, with the following paragraphs being worded as follows:

" 2. The research permit empowers its holder to investigate, exclusively, on the surface granted the existence of hydrocarbons and underground storage for the same, under the conditions laid down in the regulations in force and in the previously approved research plan. The granting of a research permit confers on the holder the right, exclusively, to obtain operating concessions, at any time of the period of validity of the permit, on the same area, prior to the fulfilment of the conditions to which refers to Chapter III of this Title.

3. The concession of exploitation empowers its holder to make use of the resources discovered, either by extraction of the hydrocarbons, or by the use of the structures as underground storage of any type of those, as well as continuing the research work in the area awarded.

The holder of an operating concession shall be entitled to the relevant authorisations for the construction and use of the facilities which are necessary for the development of his business, provided that they are in conformity with the current legislation and the previously approved operating plan.

4. Prior to the initiation of the work of exploration, research, exploitation or storage of hydrocarbons, civil liability insurance shall be constituted in order to respond to possible damage to persons or property, such as a consequence of the activities to be carried out in accordance with what is established in a regulation taking into account its nature. "

Paragraphs 2, 3 are amended and Article 12 (4) is deleted, with the following wording remaining:

" Article 12. Reporting obligation.

1. Holders of exploration authorisations, research permits and operating concessions shall be required to provide the competent authority which has granted them with the information to be requested in respect of the characteristics of the field and the works, productions and investments they carry out, as well as geological and geophysical reports concerning their authorisations, permits and concessions, as well as other data which are regulated in accordance with this Regulation.

2. In the case of exploration authorisations, the confidential nature shall be maintained for a period of seven years from the date of completion of the field work. In addition, in the case of research permits and operating concessions, the information obtained shall be of a confidential nature during the period of validity of those permits.

3. The technical documentation generated by prospecting programs in exploration authorizations, research permits and operating concessions should be submitted to the General Administration of the State for incorporation into the Technical Archive of Hydrocarbons from the Ministry of Industry, Tourism and Trade and, where appropriate, the Autonomous Community which would have granted them. "

Article 15 (2) is amended, with the following wording remaining:

" 2. In general, the areas of the research permits will have a minimum of 10,000 hectares and a maximum of 100,000 hectares.

Reglamentarily, it will be determined in which cases the surface of the research permit may fall outside the range set out in the previous paragraph. "

Article 16 is amended, with the following wording remaining:

" Article 16. Request and record.

1. The research permit shall be requested from the Ministry of Industry and Energy or the relevant organ of the Autonomous Community when it affects its territorial scope. The Ministry shall have a Special Public Register, without prejudice to possible territorial records, in which the identity of the applicant, the day of filing, the serial number corresponding to the request and other circumstances.

The Autonomous Communities will have the obligation to inform the Ministry of Industry, Tourism and Commerce of the information regarding the research permits requested from the Autonomous Communities and those granted by the Autonomous Communities. an agreement with the procedure to be determined.

2. The applicant for the research permit shall present at least the following documentation with the scope to be set out in the relevant development legislation:

a) Accreditation of the applicant's legal, technical and financial capacity.

b) Surface of the research permit that will be delimited by its geographic coordinates.

(c) The research plan, comprising the work programme, the investment plan, the environmental protection measures and the restoration plan.

(d) Accreditation of the lodging of the security referred to in Article 21 of this Law. "

Article 17 is amended, with the following wording remaining:

" Article 17. Competing offers.

1. Upon receipt of the application in the relevant Register, the competent authority shall check whether the applicant meets the requirements of this Title.

2. Where the applicant does not meet those requirements, the application shall be refused. If he complies with them, the publication shall be ordered in the Official Gazette of the State and, if applicable, in the Official Gazette of the Autonomous Community of the Autonomous Community for the granting of an advertisement in which the name of the applicant is published and the the delimitation of the area so that tenders may be submitted within two months or may be lodged by those who consider themselves to be harmed in their right. '

The title and Article 18 (1) are amended, and the title and paragraph below are amended as follows:

" Article 18. Award procedure.

1. The documentation, form and time limits for the submission of competing bids, the procedure for the award of the permit and the minimum investments to be made during each period of validity shall be established. "

Article 19 is amended, with the following wording remaining:

" Article 19. The concurrency of requests.

In the case of two or more applications in the same area, the new applicants must prove their legal, technical and economic capacity to the Ministry of Industry, Tourism and Trade or, if necessary, to the competent authority of the Autonomous Community.

Reglamentarily, the valuation criteria will be regulated in the case of competing offers taking into account, among others, the greatest amount of investments, speed of execution of the investment program and the premium offered above the value of the area fee for the research permits and operating concessions set out in the Additional Provision of this Law. In addition, the procedure for the award of competing bids in the case of excess shall be established. "

Article 20 is amended, with the following wording remaining:

" Article 20. Contest for areas not granted.

The Council of Ministers, acting on a proposal from the Minister for Industry, Tourism and Trade or, where appropriate, the governing bodies of the Autonomous Communities, in the field of their powers and when they consider it necessary to obtain the (a) offer which is best suited to the general interest, may open competition on certain areas not granted or in processing by means of a notice published in the Official Gazette of the State and also in the Official Gazette of the Autonomous Community in the case of competitions called by an Autonomous Community, awarding them to the contestant who, meeting the required requirements, offer the best conditions. "

Article 21 (1) is amended, with the following wording remaining:

" 1. The security required in Article 16 shall be fixed in accordance with the investment plan and the restoration plan submitted by the applicant and shall be responsible for the fulfilment of the investment, tax, social security and restoration obligations. and other obligations arising from research permits. "

Article 22 (1) and (2) are amended, with the following paragraphs being worded as follows:

" 1. The holder of a research permit shall be obliged to develop the work programme and investments within the time limits specified in the decisions to grant the competent body. It shall also be obliged to submit annually the work plans in accordance with what is to be regulated.

2. The competent authority may, under the conditions laid down in the Rules of Procedure, amend the time limits referred to in paragraph 1 of this Article, the work programme and the investment plan, and even transfer the obligations of the investments of permits to others, prior to the resignation of the former. "

The title and content of Article 24 are amended, with the following wording remaining:

" Article 24. Rights of holders of concessions for the exploitation of hydrocarbon deposits.

1. The granting of exploitation of hydrocarbon deposits confers on their owners the right to exclusively carry out the exploitation of the hydrocarbon field in the areas granted for a period of thirty years, renewable for two periods successive of ten.

2. The holders of a concession for the exploitation of hydrocarbon deposits shall have the right to continue the research activities in those areas and to obtain authorizations for the activities provided for in this Title.

3. The holders of a concession for the exploitation of hydrocarbon deposits may freely sell the obtained hydrocarbons. "

A new article is added (article 24a), having the aforementioned article the following wording:

" Article 24a. Rights of holders of concessions for the exploitation of underground storage of hydrocarbons.

1. Holders of an underground storage concession for hydrocarbons shall be entitled to store their own production or third-party oil in the subsoil of the area granted and shall be granted for a period of 30 years, renewable for two successive periods of ten years. They can also perform investigation activities for those stores.

2. If, for technical reasons, the extraction of existing hydrocarbons in the underground structure which is the subject of the underground storage concession is required, the holders of the underground storage concession may proceed with the extraction of the hydrocarbons according to the conditions laid down in the granting of the concession. '

Article 25 is amended, with the following wording remaining:

" Article 25. Application for an operating concession.

1. Applicants for concessions for the exploitation of hydrocarbon or underground storage sites, in terms of their regulations, shall submit to the Ministry of Industry, Tourism and Trade the following: documentation:

a) Technical memory detailing the situation, extent, and technical details of the concession that warrant your application.

b) General operating plan, investment program, environmental impact study and, where applicable, estimated recoverable reserves and production profile.

c) Plan for decommissioning and abandonment of facilities after the operation of the underground or underground storage, as well as recovery of the environment.

(d) Credit guarantee of the security lodged by the applicant in the General Deposit Box.

2. The Government shall authorise, after reporting by the Autonomous Community concerned, the granting of the exploitation of hydrocarbon or underground storage deposits by means of Royal Decree. The Royal Decree will lay down the basis of the proposed operating plan, the liability insurance that will be required by the holder of the concession and the economic provision of dismantling. Where reasons of general interest advise, the operating plan may be amended by Royal Decree, subject to the report of the Autonomous Community concerned.

However, as set out in the preceding paragraph, when the concession of exploitation relates to natural gas underground storage that is not of a basic storage condition due to its characteristics, the Government authorisation shall be carried out after a favourable report from the Autonomous Community concerned.

3. Three months before the beginning of each calendar year, the concessionaire shall submit for approval to the Ministry of Industry, Tourism and Trade an annual work plan which shall be in accordance with the operating plan in force.

4. If the time limit for a research permit has expired before the granting of the exploitation of hydrocarbon or underground storage requested, the research permit shall be deemed to be extended until the of the concession file. "

Article 26 (3) is amended, with the following paragraph being worded as follows:

" 3. The part of the area concerned with an investigation permit which is not covered by the operating concessions granted may continue to be engaged in research activities up to the limit of the period of validity of the permit. "

Paragraph 2 is amended and Article 27 (3) is deleted, with the following wording remaining:

" Article 27. Conditions and guarantees.

1. Dealers in their operating tasks shall comply with the technical conditions and requirements to be determined in a regulated manner.

2. The security referred to in Article 25 for a concession shall be fixed on the basis of the investment programme submitted by the applicant and shall be responsible for the fulfilment of the tax, social security, decommissioning and recovery, and other obligations arising from operating concessions. '

Article 28 is amended, with the following wording remaining:

" Article 28. Extension of the operating concessions.

1. Extensions of concessions for the exploitation of deposits and underground storage, in accordance with the provisions of Articles 24 and 24a of this Law, shall be requested from the Ministry of Industry, Tourism and Trade.

2. For the application for an extension by the holder of a concession, it is a necessary condition that the obligations committed during the previous period of validity have been fulfilled and that the activity is maintained in accordance with its plan of operation. The procedure for applying and granting extensions to a concession for the exploitation of deposits or underground storage of hydrocarbons shall be regulated. '

Article 29 (3) shall be deleted, with the following wording remaining:

" Article 29. Reversion of installations.

1. The cancellation or termination of an operating concession shall give rise to its immediate reversal to the State which may require the operator to dismantle the holding facilities.

In the event that the dismantling is not requested, the wells, permanent equipment for the exploitation and conservation of those and any stable works of work incorporated in such a way will be returned free of charge to the State. permanent to the work of exploitation.

2. The Administration may authorise the holder of a holding and at his request the use of the facilities of any kind and stable works located within the concession of holding and incorporated in a permanent manner the operating tasks and which, in accordance with the provisions of this Article, revert to the State, if at the time of the reversal they were used for the service of concessions of exploitation or permits of investigation of the same holder, in the conditions to be laid down in regulation. "

A new article is added (Article 29a), having the aforementioned article the following wording:

" Article 29a. Adaptation of operating concessions.

The procedure for adapting a concession for the exploitation of natural resources or for the granting of exploitation of hydrocarbon deposits to a storage exploitation concession shall be established. underground. "

Article 35 (2) is amended, with the following wording remaining:

" 2. Where the cessation of the file or suspension of work is caused by reasons not attributable to the holder, the permit or grant shall be extended by the period of duration of that period. During such a period of cessation or suspension, no fee or fee shall be payable or the maintenance of the investment plan provided for under the conditions which are laid down shall be laid down. '

Four. The second paragraph of Article 41 is amended as follows:

" Holders of fixed storage and transport of petroleum products which, in accordance with the provisions of the preceding paragraph, must allow access by third parties, shall communicate to the National Commission (a) the contracts which they subscribe to, the price ratio for the use of the said facilities, and any amendments to them within a maximum period of three months. The National Energy Commission shall make this information public in the terms provided for in the second paragraph number 4 of this Law. "

Five. The following Articles of Law 34/1998 relating to the supply of liquefied petroleum gases are amended:

A new article is added (article 44a), having the aforementioned article the following wording:

" Article 44a. Activities related to the supply of liquefied petroleum gases.

1. For liquefied petroleum gases, LPG, for the purposes of this Law, is understood to be the fractions of light hydrocarbons obtained from crude oil or natural gas, mainly propane and butane.

2. The activities related to the supply of LPG are as follows: Production, procurement, intra-Community trade, import and export; Storage, mixing and packaging; Transport; wholesale marketing; Marketing to the Installation, maintenance and review of facilities related to the supply of LPG.

3. LPG may be supplied in the form of packaging and in bulk.

4. 'wholesale supply' means a supply that does not supply a consumer or end user.

5. "retail supply" means the sale to consumers or end users. "

Article 45 is amended, with the following wording remaining:

" Article 45. Wholesale operators.

1. The activities of storage, mixing and packaging, transport and wholesale marketing of LPG shall require prior administrative authorisation, with the exception of the packaging, distribution and sale of containers with a capacity not exceeding 8 litres.

2. In order to obtain the authorisation to carry out the activity of the LPG operator, the applicants must prove:

a) That they are constituted as mercantile societies.

b) Your legal, technical and economic-financial capacity for the performance of the activity.

(c) Compliance with their technical and security conditions that are established in a regulatory manner.

(d) to have the necessary means to comply with the minimum security stock maintenance obligations, where they are required, in accordance with the provisions of this Law and its implementing rules.

3. The persons authorised to carry out these activities must have at the disposal of the retail trade in liquefied petroleum gases and, where appropriate, their customers, a permanent technical assistance service of the facilities of the its users to ensure the proper functioning of the same.

4. Wholesale operators shall require the packaging and the holders of the LPG installations in bulk or, where appropriate, the users to whom they supply, the supporting documentation to the extent that they are supplied by the operators. Installations comply with the technical and safety conditions that they regulate are enforceable. "

The title and content of Article 46 are amended, with the following wording remaining:

" Article 46. Retail trade of liquefied petroleum gases in bulk.

1. The storage, mixing, transport and marketing activities of LPG in bulk shall require prior administrative authorisation, except for the sale of liquefied petroleum gases in bulk for supply to vehicles to be carried out. from the fixed retail distribution facilities of petroleum products covered by Article 43 of this Law.

2. For the purpose of obtaining the authorisation to carry out the activity of the bulk LPG marketer, the applicants shall accredit:

a) That they are constituted as mercantile societies.

b) Your legal, technical and economic-financial capacity for the performance of the activity.

(c) Compliance with their technical and security conditions that are established in a regulatory manner.

(d) to have the necessary means to comply with the minimum security stock maintenance obligations, where they are required, in accordance with the provisions of this Law and its implementing rules.

3. Undertakings which supply liquefied petroleum gases in bulk shall require the holders of the facilities or, where appropriate, consumers to provide evidence that their installations comply with the technical and safety conditions. which are legally enforceable. "

A new article is added (Article 46a), having the aforementioned article the following wording:

" Article 46a. LPG installations in bulk.

1. Require prior administrative authorisation, in accordance with the terms laid down in this Law and in its provisions for the development, construction, modification, operation and closure of LPG storage and distribution facilities; bulk, and the pipelines needed for provisioning from previous storage to end consumers.

The transmission of these facilities must be authorized by the competent administration. The administrative authorisation for the closure of an installation may impose the obligation on the operator to dismantle it.

2. They may be carried out freely, without further requirements than those relating to compliance with the technical, safety and environmental provisions of the following installations:

(a) Those that are related in the previous paragraph when their object is their own consumption, not being able to supply to third parties.

b) The LPG storage, distribution, and supply of a user or users of the same housing block.

3. No administrative authorization shall be required for the projects of installations necessary for the national defense considered to be of military interest, in accordance with Law 8/1975 of March 12, of zones and installations of interest to the national defense, and their development regulations.

4. Applicants for authorisations for gas installations referred to in paragraph 1 shall have sufficient evidence of compliance with the following requirements:

a) The technical and security conditions of the proposed facilities.

b) Proper compliance with environmental protection conditions.

c) The adequacy of the site of the installation to the spatial planning regime.

d) Your legal, technical and economic-financial capacity for project implementation.

(e) Applicants shall take the form of a commercial company of Spanish nationality or, where appropriate, another Member State of the European Union with permanent establishment in Spain.

5. The authorisations referred to in paragraph 1 of this Article shall be granted by the competent authority, without prejudice to any concessions and authorizations which are necessary, in accordance with other applicable provisions, the corresponding sectoral legislation and, in particular, those relating to spatial planning and the environment, assessing the appropriateness of designing and constructing the compatible facilities for the distribution of natural gas.

The authorization procedure will include the processing of public information and the form of resolution in the concurrency case of two or more authorization requests.

Given the authorisation and for the purpose of ensuring compliance with its obligations, the holder shall constitute a guarantee of two per cent of the budget of the premises.

The lack of an express resolution of the applications for authorization referred to in this article will have a disestimatory effect. In any event, ordinary appeal may be brought before the relevant administrative authority.

6. The authorisations of distribution facilities shall contain all the requirements to be observed in their construction and operation, the delimitation of the area in which the supply is to be provided, the commitments to expand the network in the area to be assumed by the applicant undertaking and, where appropriate, the time limit for the execution of such installations and their characterisation.

7. Failure to comply with the conditions, requirements laid down in the authorisations or the substantial variation of the budgets that have determined their granting may result in their revocation.

The competent authority shall refuse authorisation where the legally intended requirements are not met or the undertaking does not guarantee the legal, technical and economic capacity necessary to undertake the proposed activity.

8. The holders of the LPG distribution facilities in bulk shall request the granting authority of the authorisation for the authorisation to convert the same for use with natural gas, which must comply with the requirements laid down in Article 1 (1). technical safety conditions that are applicable, subject to the applicable regulations for natural gas distribution facilities in force.

9. The obligations and rights of the operators of the facilities, as well as those of the consumers and traders of LPG in bulk, shall be regulated. In addition, the minimum content of the contracts between the users and the owners of the premises shall be defined.

10. The operator or the user shall be responsible for ensuring that the installations comply with the technical and safety conditions which they are required to comply with, as well as their proper maintenance. "

Article 47 is amended, with the following wording remaining:

" Article 47. Retail marketers of liquefied petroleum gases packaged.

1. The retail marketing of liquefied petroleum gases will be freely realized.

Facilities intended for the storage and placing on the market of packages of liquefied petroleum gases must comply with the technical and safety conditions that they are required to comply with.

2. Those natural or legal persons who carry out the retail sale of LPG packaging to consumers or end users shall be placed on the retail market of LPG.

3. Only liquefied petroleum gas supply agreements may be established between the operators and the traders referred to in this Article, where the users who request the supply are guaranteed to supply them. House of liquefied petroleum gases packaged.

4. The retail marketers of liquefied petroleum gases packaged may be able to provide their customers with a permanent technical assistance service of user consumption facilities. "

The title and content of Article 48 are amended, with the following wording remaining:

" Article 48. Administrative records.

The Ministry of Industry, Tourism and Trade is created in the Register of wholesale operators of liquefied petroleum gases and the Registry of the retail trade of liquefied petroleum gases in bulk.

Reglamentarily, the registration procedures will be established in these Registers. "

Article 50 (2) is amended, with the following wording remaining:

" 2. In the case of liquefied petroleum gases, the wholesale operators of this product, as well as traders or consumers who do not acquire the product from authorised traders or traders, shall be obliged to maintain stocks. minimum security up to a maximum of 30 days of their annual sales or consumption. "

Article 55 (1) and (2) are amended, with the following paragraphs being worded as follows:

" 1. They shall require prior administrative authorisation in accordance with the terms laid down in this Law and provisions to develop them, the following facilities for the supply to users of gaseous fuels by channelling:

(a) Plants for the regasification and liquefaction of natural gas and for the manufacture of manufactured or synthetic fuels or the mixing of combustible gases by air.

b) Natural gas storage, transportation and distribution facilities.

c) The storage and distribution of manufactured gaseous fuels, and synthetic and mixtures of gases and air for pipeline supply.

Facilities for liquefied petroleum gases shall be governed by the provisions of Title III.

2. They may be carried out freely, without further requirements than those relating to compliance with the technical and safety and environmental provisions of the following installations:

(a) Those that are related in the previous paragraph when their object is their own consumption, not being able to supply to third parties.

(b) Those relating to the manufacture, mixing, storage, distribution and supply of gaseous fuels from a producer centre where the gas is a by-product.

c) The storage, distribution, and natural gas supply of a user or users of the same housing block.

(d) Direct lines consisting of a natural gas pipeline whose exclusive object is the connection of the facilities of a qualified consumer with the gas system. "

Article 77 (1) is amended, with the following paragraph being worded as follows:

" 1. Installations for the distribution of other gaseous fuels, the fuel-gas manufacturing plants referred to in Article 56 and the gas pipelines necessary for the supply from the previous plants to the end consumers. "

Six. Article 52 (5) is worded as follows:

" 5. The functions of the Corporation will be developed and its organization and operating system will be established. The wholesale operators referred to in Articles 42 and 45 of this Law and the natural gas marketers covered by Article 58 of this Law shall be sufficiently represented in their administrative bodies. representatives of the Ministry of Industry, Tourism and Trade and the National Energy Commission.

The representatives of the required subjects referred to in the previous paragraph shall be members of the Corporation, shall form part of their Assembly and their vote in it shall be graduated according to the volume of their annual financial contribution.

The President of the Corporation and the voice portion of its management body that will be determined to be determined will be appointed by the Ministry of Industry, Tourism and Commerce. The holder of that department may impose his or her veto on those agreements of the Corporation that infringe the provisions of this Law and provisions of development. "

Seven. Article 57 is worded as follows:

" Article 57. Security of supply.

1. Consumers shall have the right of access and connection to the transmission and distribution networks of natural gas under the conditions laid down by the Government after consulting the Autonomous Communities.

2. Consumers who are established will have the right to benefit from the supply at maximum prices to be fixed by the Minister for Industry, Tourism and Trade, after the Government's Delegation for Economic Affairs Agreement, and which will have the last resort rate consideration. "

Eight. Article 58 is amended as follows:

" Activities for the supply of natural gas by pipeline will be developed by the following subjects:

(a) Carriers are those commercial companies authorized for the construction, operation and maintenance of facilities for the regasification of liquefied natural gas, transportation or basic gas storage natural.

(b) The Technical Manager of the System shall be responsible for the operation and management of the Basic Network and secondary transport networks as defined in this Law in accordance with the functions set out in Article 64. You will also be responsible for maintaining the conditions for normal system operation.

(c) Distributors are those commercial companies authorized for the construction, operation and maintenance of distribution facilities intended to place gas at consumption points.

Distributors may also build, maintain and operate secondary transport network facilities, and must keep separate accounts of both activities in their internal accounts in accordance with the provisions of the Article 63.

(d) The marketers are the commercial companies which, by accessing the facilities of third parties in the terms set out in this Title, acquire the natural gas for sale to the consumers, to others marketers or to perform international transits.

e) End consumers, who are the ones who acquire gas for their own consumption and will have the right to choose a supplier. In the event that they directly access the third-party premises, they will be referred to as Market Direct Consumers.

(f) The Office of Supplier Changes, which shall be the trading company responsible for the supervision and, where appropriate, management of the change of supplier of final consumers. "

Nine. Article 59 (1) and (2) are amended to read as follows:

" Article 59. Gas system and basic natural gas network.

1. The gas system shall comprise the following facilities: those included in the core network, secondary transport networks, distribution networks, non-basic storage networks and other complementary facilities.

2. For the purposes set out in this Law, the basic natural gas network shall be composed of:

a) The natural gas primary transportation pipelines at high pressure. Those whose maximum design pressure is equal to or greater than 60 bars shall be considered as such.

b) Liquefied natural gas regasification plants that can supply the gas system and natural gas liquefaction plants.

c) The natural gas buffers, which can be supplied by the gas system.

d) Basic network connections with natural gas fields inside or with storage.

e) The international connections of the Spanish gas system with other systems or with offshore fields. "

Ten. Article 60 is amended as follows:

" 1. Regasification, basic storage, transport, and distribution are regulated activities, the economic and operating arrangements of which shall be in accordance with the provisions of this Law.

2. Without prejudice to the provisions of last resort's suppliers, the marketing activity shall be carried out under free competition, in accordance with the provisions of this Law and provisions which develop it, and its system of The economic situation will be determined by the conditions agreed between the parties.

3. Third-party access to the facilities of the basic network and to the transport and distribution facilities under the technical and economic conditions laid down in this Law is guaranteed. The price for the use of these facilities will be determined by the toll approved by the Minister of Industry, Tourism and Trade, prior to the Agreement of the Government Delegation for Economic Affairs.

4. Unless otherwise stated, the transfer of ownership of the gas shall be understood to be produced at the time when the gas ownership has entered the premises of the purchaser.

5. The activities for the supply of natural gas to be developed in the island and extra-peninsular territories shall be subject to special regulatory regulation, in agreement with the Autonomous Communities and Cities concerned and will be attended to the specificities arising from their territorial status. '

Once. The title and the content of Article 61 are amended as follows:

" Article 61. Incorporation of natural gas into the system.

1. They may incorporate natural gas into the system:

a) Marketers.

b) The Market Direct Consumers.

(c) Carriers for the minimum level of LNG tank filling, transport pipelines, storage and distribution networks, and for any other function that is regulated in a regulation that does not have the purpose last the supply.

d) The System Technical Manager for any function that is regulated by the system that does not have the ultimate purpose of provisioning.

2. Subjects authorised to acquire natural gas shall have the right of access to regasification, storage, transport and distribution facilities on the terms that they regulate.

In the case of access to regasification facilities, basic storage, transportation and distribution access will be regulated.

In the case of non-basic storage, access will be negotiated and the criteria for access to facilities that will be transparent, objective and non-discriminatory will be established. These facilities shall be excluded from the remuneration scheme of the natural gas system.

3. Direct Consumers in the Market must be registered in the Administrative Registry of Distributors, Dealers and Consumers Direct in the Market for Gaseous Fuels by channeling, created in Article 83 of this Law.

4. No subject or persons belonging to the same group of undertakings in accordance with Article 42 of the Code of Commerce acting in the natural gas sector may contribute as a whole natural gas for consumption in Spain at a higher level than that of the 70% of national consumption.

For the purposes of the calculation of the percentage referred to in the preceding paragraph, the self-consumption that may be made shall not be considered.

5. The Government, by means of Royal Decree, may vary the percentages set out in the previous paragraph, depending on the evolution and the business structure of the sector. "

Twelve. Article 62 is worded as follows:

" 1. An institution which develops some or some of the activities referred to in Article 58, with the exception of consumers, of this Law, shall keep its accounts in accordance with Chapter VII of the Companies Act, even if did not have such a character.

The government will regulate the adjustments that are necessary for the assumption that the owner of the activity is not an anonymous company.

In any case, companies must have a copy of their annual accounts at their headquarters, at the public's disposal.

2. Without prejudice to the application of the general accounting rules, to undertakings carrying out activities referred to in Article 58 of this Law or to companies exercising control over them, the Government may provide for the accounting and publication of accounts which are deemed appropriate, in such a way as to reflect clearly the revenue and expenditure of the gas activities and the transactions carried out between companies in the same group; in order to avoid discrimination, subsidies between different activities and distortions of the competition.

In the case of companies which have as their object the carrying out of regulated activities, in accordance with Article 60.1 of this Law, they shall keep separate accounts for each of them that differentiate between the revenue and expenditure strictly attributable to each of those activities.

The technical manager of the gas system, as well as the companies that supply the last resort, must keep separate accounts that collect the costs and revenues that are strictly attributable to those activities.

Companies that carry out non-regulated gas activities shall be held separate accounts of the production, marketing, or other non-gas activities carried out in the Spanish territory and all those others that they perform on the outside.

3. Institutions shall explain in the memory of the annual accounts the criteria applied in the cost sharing with respect to the other entities in the group performing different gas activities. In addition, they shall report in the memory on the criteria for allocation and allocation of assets, liabilities, expenses and income, as well as the amortisation rules applied.

These criteria shall be maintained and shall not be amended, except in exceptional circumstances. The amendments and their justification shall be explained in the memory of the annual accounts for the financial year in which they take place.

It will also be included in the annual accounts ' memory, information on the operations carried out with the companies of the same business group, under the conditions that are regulated.

4. The entities operating in the gas system shall provide the competent authority with the information required to them, in particular in relation to the supply and gas supply contracts which they have concluded and with their annual accounts to be audited in accordance with the provisions of the Audit of Accounts Act and the provisions implementing it.

When these entities are part of the same business group, the reporting obligation will also extend to the company that exercises the control of which it carries out gas activities whenever it acts in any sector. energy and those other companies in the group carrying out operations with which it carries out activities in the gas system.

They must also provide the competent administration with all kinds of information about their activities, investments, quality of supply, measured by the standards indicated by the Administration, markets served and planned with the utmost detail, prices supported and passed on, as well as any other information which the competent authority creates in a timely manner for the exercise of its functions.

5. Institutions shall provide in their memory of the annual accounts information on the activities carried out in the field of energy saving and energy efficiency and environmental protection. '

Thirteen. Article 63 is amended as follows:

" Article 63. Separation of activities.

1. Commercial companies which develop some or some of the regulated activities of regasification, basic storage, transport and distribution referred to in Article 60.1 of this Law must have as their exclusive social object the development of these activities without being able, therefore, to carry out production or marketing activities or take stakes in undertakings performing these activities.

2. Carriers operating a facility within the basic natural gas network as defined in Article 59 (2) shall have as their sole social object in the gas sector the transport activity defined in paragraph (a) of this Article. Article 58, being able to include among its natural gas pipeline assets, with separate accounts of regasification, storage and transport activities in its internal accounts.

3. However, a group of companies may develop incompatible activities in accordance with the Law, provided that they are exercised by different companies, and the following independence criteria are met:

(a) Persons responsible for the management of companies engaged in regulated activities may not participate in organisational structures of the business group which are responsible, directly or indirectly, for management daily activities of production or marketing.

(b) Groups of companies shall ensure the independence of persons responsible for the management of companies engaged in regulated activities by the protection of their professional interests. In particular, they shall provide guarantees as regards their remuneration and their termination.

Companies that carry out regulated activities and persons responsible for their management that are determined may not own shares in companies that perform production or marketing activities.

In addition, companies engaged in regulated activities as well as their employees will not be able to share commercially sensitive information with companies in the group of companies to which they belong in the event that they perform liberalised activities.

(c) Companies carrying out regulated activities shall have an effective decision-making capacity, independent of the group of companies, with respect to assets necessary to exploit, maintain, or develop the regasification of liquefied natural gas, and of transportation, storage, and distribution of natural gas.

However, the group of companies shall be entitled to the economic supervision and management of these companies, and may submit to approval the annual financial plan, or equivalent instrument, as well as to establish limits. global to its level of indebtedness.

In no case may the business group instruct companies to carry out regulated activities in respect of day-to-day management, or in respect of particular decisions concerning the construction or improvement of assets. for the regasification of liquefied natural gas, and for the transport, storage, and distribution of natural gas, provided that the provisions of the annual financial plan or equivalent instrument are not exceeded.

(d) Companies carrying out regulated activities shall establish a code of conduct in which the measures taken to ensure compliance with the provisions of paragraphs (a), (b) and (c) above are laid down.

This code of conduct will establish specific employee obligations, and their compliance will be the subject of proper oversight and evaluation by society.

Annually, a report will be presented to the Ministry of Industry, Tourism and Trade, and to the National Energy Commission, which will be published, indicating the measures taken to comply with the provisions of paragraphs (a), (b) and (c) above.

4. Without prejudice to paragraph 1, any acquisition of shareholdings by those trading companies which carry out regulated activities shall require the prior authorisation to be granted to the company. Additional provision eleventh, third, of this Law. "

Fourteen. Article 64 (1) and (3) shall be amended as

:

" 1. The Technical Manager of the System, will be responsible for the operation and technical management of the Basic Network and secondary transport, and will guarantee the continuity and safety of the natural gas supply and the correct coordination between the points of access, storage, transport, and distribution.

The System Manager shall perform its duties in coordination with the various subjects operating or using the gas system under the principles of transparency, objectivity and independence.

2. The technical management activities performed by the System Manager shall be appropriately paid in accordance with Chapter VII of this Title.

3. The System Technical Manager functions as follows:

a) Manage all installations of the Basic Network of the gas and secondary transport system.

b) Determine and control the level of natural gas supply of the system in the short and medium term.

c) Previewing in the short and medium term the use of system facilities, as well as natural gas reserves, according to the demand forecast.

(d) Imparting the necessary instructions for the proper operation of the natural gas system and its transport in accordance with the criteria of reliability and security to be established. It will also issue precise instructions to carriers to adjust the levels of natural gas emission to the demand of the gas system.

e) Coordinate and modify, where appropriate, facility maintenance plans to ensure their operation and availability to ensure system security.

f) Establish and control the reliability measures of the natural gas system, as well as the action plans for the replenishment of the service in the event of general failures in the supply of natural gas, and coordinate and control its execution.

g) Imparting operating instructions to transportation facilities, including international interconnections.

h) Develop those other activities related to the above that are suitable for the operation of the system, as well as any other functions assigned to it by the provisions in force.

i) Propose to the Ministry of Industry, Tourism and Trade the development of the Basic Natural Gas Network and the extension and/or extension of the storage.

j) Propose to the Ministry of Industry, Tourism and Trade the emergency plans it deems necessary, detailing the available stock, its location and replenishment period, as well as its annual reviews. These plans and their annual reviews shall be subject to approval or amendment by the Directorate-General for Energy Policy and Mines.

k) Give the appropriate orders to make the companies of the network of facilities of the Basic Network and of secondary transport operate their facilities in such a way as to ensure the delivery of gas under the conditions appropriate on the system exit points.

l) To perform and control their performance, the System Manager will carry out the delivery programs that are regulated.

m) Manage natural gas inputs and outputs in the gas system through pipelines, Reception, Storage and Regasification Plants, underground storage and natural fields.

n) (Deleted.)

or) To calculate and apply the daily balance sheet of each subject using the gas network and the operational and strategic stocks of the network.

p) Run, in the field of its functions, those decisions that are taken by the Government in implementation of the provisions of this Law.

q) Collaborate with the Ministry of Industry, Tourism and Trade in the evaluation and monitoring of annual and multi-annual investment plans presented by the operators of gas transport facilities natural.

4. The Technical Manager of the System, will have a representative in the Hydrocarbons Advisory Council of the National Energy Commission and in its Permanent Commission.

Fifteen. The title and the wording of Article 66 are amended as follows:

" Article 66. The transport network for gaseous fuels.

1. The primary transport network consists of the maximum design pressure pipelines of 60 bar or more.

2. The secondary natural gas transport network is composed of the maximum design pressure pipelines of less than 60 bar and above 16 bar.

3. In addition, the compressive and regulatory and measurement stations and all communications assets, protection, control, ancillary services, land, buildings and other services are considered to be constituent elements of the transport network. ancillary elements necessary for the proper functioning of the specific installations of the transport network defined above.

4. Carriers shall be responsible for the development and extension of the transport network defined in this Article, in such a way as to ensure the maintenance and improvement of a network configured under consistent and consistent criteria, all without prejudice to compliance with the provisions of Article 4 of this Law on the planning of installations.

5. A number of technical standards shall be laid down to ensure the reliability of the gas supply and the installations of the transport network and those connected to it. These rules will aim to ensure the protection and safety of persons and their property, the quality and reliability of their operation, the unification of supply conditions, the provision of good service and shall be objective and not discriminatory. "

Sixteen. The second subparagraph of Article 67 (1) is amended as follows:

"The transmission of these facilities must be authorized by the competent authority."

seventeen. Article 68 (a) and (b) are amended as follows:

" (a) Carry out their activities in the form authorised and in accordance with the applicable provisions, providing the service on a regular and continuous basis, with the quality levels to be determined and maintained in the appropriate conditions of conservation and technical suitability, in accordance with the instructions given by the Technical System Manager and, where appropriate, by the competent authority.

(b) Submit the annual and multi-annual investment plans for approval to the Secretary-General of Energy of the Ministry of Industry, Tourism and Trade before 15 October each year.

If within one month of the submission of the investment plans there is no express statement from the Secretary-General of Energy, they shall be deemed to have been approved.

The annual investment plans shall include at least the data for the projects planned for the following year, their main technical characteristics, budget and timetable for implementation. "

Eighteen. Article 69 is amended as follows:

" Holders of regasification, transport and storage facilities shall have the following rights:

(a) The recognition by the Administration of a remuneration for the exercise of its activities within the system in accordance with the terms laid down in Chapter VII of this Title of this Law.

b) Require that the facilities connected to those of their property meet the technical conditions established and be used in an appropriate manner. (c) Require guarantees to be determined by the Administration for the collection of tolls and charges. "

nineteen. Article 70 is worded as follows:

" Article 70. Access to transportation facilities.

1. The operators of the facilities must allow the use of the same to the market-direct consumers and to the traders who fulfil the required conditions, by means of the separate or joint procurement of the services of transport, regasification and storage, on the basis of principles of non-discrimination, transparency and objectivity. The price for the use of transport networks will be determined by the regulatory tolls approved.

2. Regulations governing the conditions of access of third parties to installations, the obligations and rights of holders of facilities related to third party access, as well as those of direct consumers in the market and marketers. The minimum content of the contracts shall also be defined and, where appropriate, the operating conditions of the secondary capacity market shall be regulated.

3. Access to the network may be refused in the event of insufficient capacity or when access to the network would prevent the fulfilment of the supply obligations which would have been imposed or due to serious economic and financial difficulties which could result from the execution of the compulsory purchase contracts, under the conditions and with the procedure to be established in accordance with the criteria of the uniform Community legislation at their disposal.

4. It may also, on the basis of the National Energy Commission, refuse access to the network, where the gas supply undertaking is directly or by means of agreements with other supply undertakings, or those to which any of the they are linked, radiating in a country where similar rights are not recognised and it is considered that a change in the principle of reciprocity may result for the undertakings to which access is required, without prejudice to the criteria to continue with respect to companies of Member States of the European Union under the legislation uniform in the subject matter which it lays down.

5. By way of exception, it may be exempted from the obligation of third party access to certain new installations or which involve significant increases in the capacity of existing infrastructure, which, by virtue of their unique characteristics, require.

In the case of international connections with third-country facilities, which are not part of the European Union, the said derogation will be included in the hydrocarbon planning developed by the Government of the European Union. an agreement with the provisions of Article 4.

The above exception will be the non-inclusion of the installation in the remuneration scheme of the natural gas sector.

The authorisation procedure for this exemption will be developed in accordance with Community legislation.

6. The consumptions which are supplied exclusively by means of a connection or direct lines connected to a system of access to the system under paragraph 5 of this Article shall comply with the obligations imposed on the This Law, and in particular those resulting from Article 98, with facilities not included in the Basic Network. "

Twenty. Article 73 (2) and (7) are amended as the new wording of these paragraphs is as follows:

" 2. They shall be subject to prior administrative authorization, in accordance with the terms laid down in this Law and in its provisions for the development, construction, modification, operation and closure of natural gas distribution facilities with independence. of your destination or use.

The transmission of these facilities must be authorized by the competent authority.

The administrative authorisation for the closure of an installation may impose the obligation on the operator to dismantle it. "

" 7. Authorizations for the construction and operation of distribution facilities should preferably be granted to the distribution company in the area. If there is no distributor in the area, the principles of natural monopoly of transport and distribution, single network and the lowest cost for the gas system will be dealt with. "

Twenty-one. Article 74 is amended as follows:

" 1. The obligations of natural gas distributors shall be:

(a) Carry out their activities in the form authorised and in accordance with the applicable provisions, ensuring quality standards that are established in regulation.

(b) Meet the instructions given by the technical manager of the system and, where appropriate, the competent authority in relation to third party access to its distribution networks.

c) Maintain facilities in the appropriate conditions of conservation and technical suitability.

d) Proceed for the extension of distribution facilities and facilitate the connections, in the geographical scope of their authorisation, on an equal footing, where this is necessary to meet new supply demands of gas, without prejudice to the results of the application of the regime to be established for the purposes of the measures.

Where there are several distributors whose facilities are eligible for expansion to meet new supplies and none of them decides to undertake it, the competent authority shall determine which of these distributors it must be performed, subject to its conditions.

(e) Facilitate the use of their facilities and make contracts for third-party access to the natural gas network under conditions to be determined in a regulatory manner.

(f) Provide the transport, storage, natural gas marketing and the Technical System Manager of the System with sufficient information to ensure that the gas supply can be produced in a manner compatible with the safe and effective operation of the system.

g) Communicate to the competent authority that it has granted the authorizations of facilities, and to the Ministry of Industry, Tourism and Trade the relevant modifications of its activity, to the effects of determination of the tolls and the fixing of their remuneration scheme.

h) Communicate to the competent administration and the Ministry of Industry, Tourism and Trade information that is determined related to the activity they develop within the gas sector. They shall also communicate to each Autonomous Community all the information required of them by the Autonomous Community, relating to its territorial scope.

i) Be registered in the Administrative Registry of Distributors, Dealers, and Consumers Direct in the Market for Gaseous Fuels by channeling referred to in this Title.

j) Perform the affected and the hook of new users according to what is regulated.

k) Proceed to the measurement of supplies in the form that is regulated, preserving, in any case, the accuracy of the same and the accessibility to the corresponding apparatus facilitating the control of the Competent authorities.

l) Provide the Office of Supplier Changes with information that is determined to be regulated.

m) Apply measures to be established in relation to the protection of consumers who are considered essential.

n) Maintain an operating system that ensures permanent attention and resolution of the incidents that, as a matter of urgency, can be presented in the distribution networks and in the reception facilities of the consumers connected to their facilities.

o) Perform pre-supply tests that are defined regulatively.

p) Conduct inspection visits to existing receiving facilities, with the periodicity and in the conditions defined in regulation.

q) Implement the Administration's approved demand management programs.

r) Procurating a rational use of energy.

s) To present the annual and multi-annual investment plans to the competent body of the Autonomous Community in which they operate, before 15 October of each year.

The annual investment plans shall include at least the data for the projects planned for the following year, their main technical characteristics, budget and timetable for implementation.

2. Without prejudice to the liability arising from the obligations of distributors in accordance with the provisions of this Article, the holders of natural gas receiving facilities or facilities for consumption, be responsible for the correct use, modification, maintenance and periodic inspection of the technical and safety conditions that are required. '

Twenty-two. Article 75 is amended as follows:

" Distribution facility holders will have the following rights:

(a) The recognition by the Administration and the perception of remuneration for the exercise of its activities within the gas system in the terms laid down in Chapter VII of this Title.

(b) Require that the facilities connected to the premises of their property meet the technical conditions laid down and are properly used.

(c) Require that the technical and construction conditions to be determined, as well as the good use of the same and the fulfilment of the conditions, be met by the consumer's installations, receivers and measuring equipment established for the supply to occur without deterioration or degradation of its quality for other consumers.

d) Promote the construction of common receiving facilities, in order to extend the supply of natural gas, according to the conditions that will be determined.

e) Facturing and charging of direct market users and consumers on the market for access tolls within the time limits set by the legislation. In addition, they may invoice and charge other services associated with the supply under the conditions to be regulated.

f) Request verification of the good performance of the equipment measuring equipment.

g) Receive information from the Office of Supplier Changes that is determined to be regulated in relation to the supply changes.

h) Require guarantees to be determined by the tolls for access to their facilities. "

Twenty-three. Article 76 (1) and (3) are amended as

:

" 1. The owners of the distribution facilities must allow the use of the same to the market-direct consumers, and to the traders who fulfil the required conditions, on the basis of principles of non-discrimination, transparency and objectivity. The price for the use of distribution networks will be determined by the administratively approved tolls. "

" 3. Regulations governing the conditions of third-party access to facilities, the obligations and rights of holders of facilities related to the access of third parties, as well as of direct consumers on the market, and marketers. The criteria for access to such facilities shall also be defined. "

Twenty-four. A new paragraph 4 is added to Article 78 with the following wording:

" 4. Consumption by a direct line or an undertaking from a plant for the regasification of the basic network shall comply with the obligations laid down in this Law, and in particular those resulting from Article 98, with infrastructure which are not included in the core network. "

Twenty-five. The title of Chapter VI of Title IV, the new name of which shall be ' Chapter VI, shall be amended. Marketing of gaseous fuels ".

Twenty-six. The title and wording of Article 79 are amended as follows:

" Article 79. Marketing.

1. Without prejudice to Article 60, the following aspects shall be regulated in relation to the placing on the market of natural gas:

(a) The modalities and conditions of supply to consumers as well as the procedures for refusal, suspension or deprivation of the same.

(b) The procedure for measuring consumption by installing measuring devices and verifying them.

c) The procedure and conditions for billing and collection of supplies and services performed.

(d) Consumer protection measures to be collected under the contractual conditions for the supply of those consumers who, because of their volume of consumption or supply conditions, require a treatment specific contract.

e) Marketer change procedures.

f) Claims resolution procedure.

2. Without prejudice to the powers of the Autonomous Communities and without prejudice to the establishment by the traders of their own systems for the processing of complaints in accordance with the provisions of Recommendation 98 /257/EC of 30 March 1998 on the principles applicable to the bodies responsible for the out-of-court settlement of consumer disputes, the possibility of going to the Arbitration System of the Member States of the European Community Consumption for the resolution of such claims. "

Twenty-seven. Article 80 is amended to read as follows:

" Article 80. Natural gas marketers.

Those persons who wish to act as marketing persons shall have prior administrative authorization, which shall be governed by the competent authority, and shall be granted by the competent administration. requirements to be laid down in regulation, including, in any case, sufficient legal, technical and economic capacity of the applicant. The application for administrative authorisation to act as a marketer shall specify the territorial scope in which the activity is intended to be developed.

The authorization to exercise the activity as a natural gas marketing company may be denied or conditioned, prior to the report of the National Energy Commission, in the cases in which the applicant company or the company dominant of the group to which the person belongs has the nationality of a non-member country of the European Union in which no similar rights are recognised and it is considered that a change in the principle of reciprocity for undertakings may result operating in the domestic market. A dominant company and a group of companies shall be understood to be those which, for these purposes, establish Article 4 of Law 24/1998 of 28 July of the Stock Market.

In no case shall the authorisation be understood to be granted under a monopoly, nor shall it grant exclusive rights. "

Twenty-eight. The title and the wording of Article 81 are amended as follows:

" Article 81. Rights and Obligations of marketers.

1. Marketers shall have the following rights:

a) Make gas acquisitions in the terms set forth in Chapter II of this Title.

b) Selling natural gas to consumers and other licensed marketers in freely agreed conditions.

c) Access third-party facilities under the terms set forth in this Title.

d) Receive the measurement of your customers ' supplies.

e) Require that the measurement equipment of the users meet the technical and construction conditions to be determined, as well as the good use thereof.

f) Facturing and collecting the supplies made.

g) Request verification of the good performance of the equipment measuring equipment.

h) Subscribe with your clients to interruptibility clauses in the conditions that you regulate will be determined.

i) Get information regarding supplier changes and consumer data from the Office of Supplier Changes that is determined to be regulated.

2. Marketers shall have the following obligations:

(a) To be registered in the Administrative Registry of Distributors, Dealers and Consumers in the Market, which is set out in this Law.

b) Meet the minimum stock maintenance obligations for security and diversification of supplies as set out in Chapter VIII.

c) Coordinate your activity with the system's technical manager, carriers, and distributors.

d) Acquire gas and subscribe to the access contracts necessary to meet contractual commitments with its customers.

e) Provide guarantees to be determined by the tolls and access fees contracted.

(f) Abonar within the time limits laid down in the legislation the tolls and access charges for the relevant gas installations.

g) To pay the distributor the amounts collected for services associated with the supply provided by the distributor to the final consumer in those cases which have been regulated.

h) Ensure the security of the supply of natural gas to its customers by subscribing to contracts for the regasification of liquefied natural gas, transport and distribution and storage that are accurate.

i) To issue to the Ministry of Industry, Tourism and Trade the periodic information to be determined in relation to the activity they develop within the gas sector. Such a reference shall include, inter alia, the quantities sold and the sales prices applied in the form and time limit laid down. It will also refer to the Autonomous Communities the information that is specifically requested for them in relation to their territorial scope.

j) Provide your clients with the information and advice they may request in relation to the gas supply.

k) Provide the Office of Supplier Changes with the information that is regulated.

l) Implement the Administration's approved demand management programs.

m) Procurating a rational use of energy.

3. Direct Consumers in the Market will have the same rights and obligations as marketers in any way they apply to them. "

Twenty-nine. The title and content of Article 82 are amended as follows:

" Article 82. Last resort providers.

The government will determine which marketers will assume the obligation of last resort providers.

In addition to the rights and obligations laid down for the traders in Article 81, gas traders who have been designated as suppliers of last resort shall be required to comply with the the supply of natural gas, to those consumers who are determined, at a maximum price established by the Minister of Industry, Tourism and Trade, prior to the Agreement of the Government of the Government for Economic Affairs, which will have the Last-resource rate consideration. "

Thirty. The title and content of Article 83 shall be as follows:

" Article 83. Administrative Registry of Distributors, Traders and Direct Consumers in Market.

The Ministry of Industry, Tourism and Commerce is created the Administrative Registry of Distributors, Dealers and Consumers Direct in the Market of gaseous fuels by channeling. Regulations, prior to the report of the Autonomous Communities, shall establish their organization, as well as the procedures for the registration and communication of data to this Registry.

The Autonomous Communities with competence in the field will be able to create and manage the corresponding territorial records. "

Thirty-one. A new Article 83a is inserted in the following terms:

" Article 83a. Office of Supplier Changes.

1. The Office of Supplier Changes shall be responsible for the supervision of the changes of supplier in accordance with the principles of transparency, objectivity and independence, in the terms that they regulate.

The Government may entrust to the Office of Supplier Changes direct management of the changes of supplier under the conditions that are determined to be determined.

2. The Office of Change of Supplier will be a commercial company with exclusive social object, performing its functions simultaneously in the sectors of natural gas and electricity. In its capital, distributors and marketers of natural gas and electricity must participate with the following percentages of participation:

Electrical power distributors: 15%.

Natural gas distributors: 15%.

Electric Power Marketers: 35%.

Natural Gas Marketers: 35%.

Within the quota of each group of subjects, the share corresponding to each company will be performed according to the energy circulated through its facilities, in the case of the distributors and the energy sold in the case of traders, not being able to be more than 20% by group of companies, and the participation of the companies at least every two years.

In the event that, according to the energy circulated and sold by a group of companies, the participation exceeds a 20% quota, the excess will be divided among the remaining subjects in proportion to the previous quotas.

3. The Office of Supplier Changes will be funded on the basis of your partners ' fees.

4. For the exercise of its activity the Office of Supplier Changes shall have access to the Consumer Data Bases and Gas and Electricity Supply Points.

The information that the different subjects must supply to the Office of Supplier Changes will be established.

5. The Office of Supplier Changes shall transmit annually a memory of activities to the Ministry of Industry, Tourism and Trade, to the National Energy Commission and to the Autonomous Communities. "

Thirty-two. The title and wording of Article 91 are amended as follows:

" Article 91. Economic regime of the activities included in the Law.

1. The activities for the supply of gaseous fuels shall be economically remunerated in the manner set out in this Law under the last resort tariffs, tolls and charges to be determined by the Government, and subscribers.

2. The economic regime of rights to be affected, rental of accountants and other necessary costs linked to the facilities will be established. The rights to be paid for the affected will be established by the Autonomous Communities according to the maximum amount requested and the location of the supply, with the upper and lower limits than the Minister of Industry, Tourism and Commerce. determines. The rights of the undertaking must be established in such a way as to ensure the recovery of the investments made. Revenue from this concept shall be considered, for all purposes, to be paid for the distribution activity.

3. The Autonomous Communities, in respect of distributors who carry out their activities in their territorial scope, shall establish the economic system of the rights of discharge, as well as the other costs arising from services necessary to meet the requirements for user supplies. "

Thirty-three. The title and wording of Article 92 are amended as follows:

" Article 92. Criteria for the determination of tolls and charges.

1. Tolls and charges shall be established in such a way that their determination is consistent with the following principles:

a) Ensure the recovery of investments made by the holders in the lifetime of the holders.

b) Allow a reasonable return on invested financial resources.

c) Determine the system of remuneration for operating costs in such a way as to encourage effective management and productivity improvement that will have to be passed on to users and consumers.

2. The system for the determination of tolls and charges shall be fixed for four-year periods, in the last year in force for a review and adequacy, where appropriate, of the situation envisaged for the next period.

3. Undertakings carrying out the activities covered by this Title shall provide the Ministry of Industry, Tourism and Trade with all the information necessary for the determination of tolls and charges. This information shall also be available to the Autonomous Communities which so request, as regards its territorial scope.

4. The Minister of Industry, Tourism and Trade, with the agreement of the Government Delegation for Economic Affairs, will dictate the necessary provisions for the establishment of the tolls and charges of the basic services of access third parties, establishing the specific values of such tolls or a system of automatic determination and updating of such tolls.

5. Tolls and charges shall take into account the costs incurred by the use of the network in such a way as to optimise the use of the infrastructure and may be differentiated by pressure levels, consumption characteristics and duration of contracts. In particular, in the case of supplies from a distribution network fed from an LNG satellite plant, the costs incurred by the use of the network of such supplies shall be taken into account.

6. The marketing undertakings shall, in their invoices, be broken down to the final consumers of the tolls and charges. "

Thirty-four. The title and content of Article 93 are amended as follows:

" Article 93. Rate of last resource.

1. The rate of last resort shall be the maximum price which may be charged by traders who, in accordance with the provisions of Article 82 of this Law, have been designated as suppliers of last resort, to consumers who, in accordance with the rules in force for this tariff, have the right to benefit from it.

2. The rate of last resort will be unique throughout the Spanish territory without prejudice to its specialties by levels of pressure and volume of consumption.

However, the consumers to whom the entry into force of the Order ECO/30 2/2002, of 15 February, establishing the rates of natural gas and manufactured gases by channeling and renting of meters the firm's industrial tariff was applied to them and they are connected to gas pipelines under pressure of less than or equal to 4 bar with an annual consumption of more than 200,000 kWh/year, they will be able to ask their distributor for the connection to pressures higher than 4 bar. If this application cannot be met, because the distributor of such pressure nets close to the consumer's premises is not available, the consumer will be charged with the tariff of last resort for consumers with its own consumption connected to pressure pipelines greater than 4 bar and less than or equal to 60 bar.

The consumer will have an obligation to perform the corresponding connection and connect to gas pipelines above 4 bar at the time the distributor has networks close to the consumer's facilities for this.

3. The Minister of Industry, Tourism and Trade, with the agreement of the Government Delegation of the Government for Economic Affairs, will dictate the necessary provisions for the establishment of the tariff of last resort of natural gas or a system of automatic determination and update of the same.

4. The system of calculation of the said tariff shall include in additive the cost of the raw material, the corresponding access tolls, the marketing costs and the costs arising from the security of supply.

The Minister of Industry, Tourism and Trade is enabled to establish an auction mechanism to set the cost of the raw material for the calculation of the last resort tariffs, with the agreement of the Delegation of the Government for Economic Affairs.

5. The rates of last resort shall be fixed in such a way as not to cause distortions of competition on the market. "

Thirty-five. The title and the wording of Article 94 are amended as follows:

" Article 94. Rates of liquefied petroleum gases per pipeline.

The Minister of Industry, Tourism and Trade, prior to the Agreement of the Government of the Government for Economic Affairs, will be able to dictate the necessary provisions for the establishment of the rates of sale of the liquefied gases (a) the oil per pipeline for final consumers, as well as the sale prices of liquefied petroleum gases for fuel gas distributors by channelling, establishing the specific values of such tariffs and prices or a system for automatic determination and updating of the same, if required and in terms that are established by the regulatory development that regulates the framework of the liquefied petroleum gas supply activity. "

Thirty-six. Article 95 is worded as follows:

" 1. The rate of last resort, tolls and fees and the prices of the services associated with the supply approved by the Administration for each category of consumption shall not include any kind of tax.

In case the gas activities were taxed with taxes of a regional or local nature, the quota of which was obtained by means of non-uniform rules for the whole of the Spanish territory, the price of the resulting gas, or the tolls, fees or charges of last resort, may be included in a territorial supplement, which may be different in each Autonomous Community.

2. In order to ensure that there is greater transparency in gas supply prices, the traders shall break down in the invoicing to the user, in the form that is regulated, at least the amounts corresponding to the prices and taxes on gas consumption, as well as on territorial supplements where appropriate. "

Thirty-seven. The title and wording of Article 96 are amended as follows:

" Article 96. Collection and settlement of tolls and charges.

The tolls and charges for the use of the gas network will be charged by the companies that carry out the activities of transport and distribution, and must give to the quantities entered the application that proceeds according to the previewed in this Law.

The procedure for the allocation of funds paid by hauliers and distributors will be established, among those who carry out the activities included in the gas system, taking into account the remuneration that corresponds to them in accordance with this Law. "

Thirty-eight. Article 98 is amended to read as follows:

" Article 98. Security of supply.

1. Natural gas marketers shall be required to have minimum security stocks to be expressed on equivalent days of their firm sales on Spanish territory.

Direct consumers in the market will be required to have minimum security stocks for their firm consumption on the part not supplied by a marketer.

2. This obligation may be complied with by the person liable to the gas of his property or by leasing and hiring, where appropriate, the corresponding storage services. The government shall determine the number of days equivalent of minimum security stocks on the basis of the availability of the system.

3. Regulations shall determine the part of the minimum security stocks which shall be of a strategic nature and the subjects responsible for their constitution, maintenance and management. "

Thirty-nine. Article 99 is amended to be amended as follows.

" 1. Natural gas marketers must diversify their supplies when, in the sum of all of them, the proportion of those coming from the same country is more than 60%.

The Ministry of Industry, Tourism and Trade will develop the conditions for the fulfilment of this obligation in accordance with the market situation and may modify the percentage referred to in the prior to, upward or downward, depending on the evolution of the international natural gas markets.

2. The Ministry of Industry, Tourism and Trade may, in accordance with the terms of the Regulation, require similar supply diversification obligations to those laid down in the previous point to direct consumers in markets on the part of their non-acquired consumer consumption when, due to their volume and origin, they may have a negative impact on the supply balance to the Spanish market.

3. It shall be exempted from the obligation to diversify the supply of gas purchased to meet the consumption of facilities with alternative supplies guaranteed from other fuel. '

Forty. Article 109 is amended as follows:

" 1. These are very serious violations:

(a) The carrying out of activities covered by this Law or the construction, extension, operation, modification, transmission or closure of facilities affected by them without the necessary grant or authorization (a) administrative or non-compliance with the requirements and conditions of the administrative procedure where the person, property or the environment is exposed to a manifest danger.

(b) The use of instruments, apparatus or elements subject to industrial security without complying with the technical standards and obligations which, for safety reasons, must bring together the equipment and installations concerned with the activities the purpose of this Act when it is dangerous or serious harm to persons, property or the environment.

(c) Any fraudulent manipulation aimed at altering the price or quality of petroleum products or fuel gases or the measurement of the quantities supplied.

(d) The refusal to allow for regulatory or agreed inspections or verifications in each case by the competent administration, including the NEC, or the obstruction of its practice.

e) The irregular application of prices, rates or tolls of those regulated in this Law or in the provisions of development thereof, so that an alteration in the price of more than l5% occurs and whenever the Suppose a change of more than EUR 300,000.

(f) The repeated non-compliance with the obligations resulting from the application of the tariff system or the collection criteria. The failure or delay in the payment of the amounts to which the liquidations of the regulated activities or the entry of the quotas with specific destinations are to be breached shall be construed as non-compliance with the obligations of the tariff system. misstatement of revenue and costs and statements made outside the time limit set.

g) Failure to comply with the instructions given by the competent authority, including the NEC, or by the Technical Manager of the System in the field of its functions, where it is material to the performance of the system.

(h) The performance of incompatible activities, as well as the non-compliance by the subjects required of the obligation of functional separation and to carry separate accounts in accordance with the provisions of this Law and in their development standards.

i) The taking of shares in companies in the cases referred to in this Law, without the prior authorization of the CNE or with non-compliance with the conditions set forth in the authorization resolution of the CNE.

j) The repeated failure to comply with any reporting obligations arising from the application of the current regulations or resulting from the prior requirement by the administration including the NEC, or the Manager System Technician.

k) The refusal to supply gas by channeling to consumers under the tariff regime under Title IV of this Law and provisions for development.

l) The repeated non-compliance by the subject, in accordance with the current regulations, of the conditions of quality and continuity of the service.

m) Failure to comply with legal or regulatory obligations established on minimum security stocks, in accordance with Titles III and IV, where they entail a significant alteration of the said stock regime minimum.

n) Failure to comply with legal and regulatory obligations under Title IV of the Law on the diversification of supplies, when it involves a significant alteration of the said regime diversification.

o) Actions or omissions involving non-compliance with the measures established by the Government pursuant to this Law on emergency situations or shortage of supplies in Titles III and IV by those who carry out activities covered by this Law and have an appreciable impact on that provision.

p) The unjustified interruption or suspension of the activity being carried out by granting or administrative authorisation, where this is material to the functioning of the system.

q) Failure to comply with the accounting obligations required in accordance with this Law. The existence in the accounting documentation of essential defects or defects shall be understood as such that they prevent the institution's financial and financial situation from being known.

r) The unjustified refusal or alteration of third party access to network facilities in the cases that this Law and its implementing rules regulate.

s) The failure by the operators of the facilities to maintain the facilities under appropriate conditions of conservation and technical suitability, as appropriate, the instructions given by the the competent administration, where such non-compliance is in danger to persons, property or the environment.

t) The distributor's failure to comply with its obligation to carry out inspection visits to existing receiving facilities with the periodicity defined by the current regulations.

(u) The failure by the operators to carry out the calculation of the physical balance of the gas passing through their installations in the form and at the intervals necessary for the appropriate use operation of the system.

v) Failure by the technical manager of the system to comply with the obligations laid down in Article 64 (1) and (3) (f), (i), (o) and (p) of this Law.

w) Failure to comply with the technical management rules of the system, when this affects the continuity and security of the natural gas supply.

x) The continued failure by the operators of installations to manage the verification of their measuring equipment, the volume and characteristics of the gas, and the installations of points of supply connected to their networks, using the services of an accredited entity for that purpose.

and) The interruption or suspension of the supply without the legal or regulatory requirements laid down or out of the intended assumptions.

z) Failure to comply with the economic obligations in case of imbalance arising from the regulation established by the Technical Management Standards of the system.

z bis) Non-compliance with obligations to be established related to the achievement of the annual targets for minimum content of biofuels and other renewable fuels.

2. Serious infringements of the following Article shall also be very serious where, during the three years preceding their commission, the offender has been imposed on the same type of infringement. "

Forty-one. The wording of Article 110 is as follows:

" Serious violations of the conduct typified in the previous article when, due to the concurrent circumstances, cannot be qualified as very serious and in particular:

(a) The conduct defined in points (a) and (b) of the preceding article where the persons, goods or the environment are not exposed to the manifest danger.

(b) The irregular application of prices, tariffs or tolls in such a way as to produce an alteration in the price of less than 15% and above 5%, and provided that the alteration exceeds EUR 30,000.

(c) Any other performance in the supply or consumption of Gas, which involves a percentage change of the supplied or consumed above 10 per 100 and provided that the same results in an alteration of more than 30,000 €.

(d) Failure to comply with the instructions given by the competent authority, including the NEC, or by the Technical Manager of the System in the field of its functions, where it does not result in material injury system.

e) Failure to comply with obligations resulting from the application of the tariff system or the collection criteria. The failure or delay in the payment of the amounts to which the liquidations of the regulated activities or the entry of the quotas with specific destinations are to be breached shall be construed as non-compliance with the obligations of the tariff system. misstatement of revenue and costs and statements made outside the time limit set.

(f) Failure to comply with any reporting obligations arising from the application of the current regulations or resulting from the prior requirement by the Administration, including the NEC or the Technical Manager of the System. In addition, the failure of the system subjects to comply with their reporting or communication obligations to other system subjects shall be considered to be a serious infringement. The non-referral of the information in the form and time limit that is required shall also be considered as a serious infringement.

g) The unjustified refusal to supply petroleum products or combustible gases to consumers and users who are not subject to administration tariffs or prices administratively approved.

(h) The unjustified refusal to supply oil products to consumers and users to whom they apply tariffs or prices administratively approved.

(i) The repeated non-compliance by the undertaking providing for the application of the relevant discounts to consumers affected by interruptions under the conditions laid down in the implementing rules.

(j) Actions or omissions involving non-compliance with the measures established by the Government pursuant to this Law on emergency situations or supply shortages in Titles III and IV by those who carry out activities covered by this Law and have no appreciable impact on that provision.

k) The non-compliance by the subjects required in accordance with the provisions of this Law and in their standards of development of their obligation to carry out external audits in the cases in which they are required.

(l) Failure by the holders of the facilities for regasification, storage and transport of the obligation to publish the capacity of their facilities, or the publication of such facilities without complying with the requirements of the conditions.

m) Failure by carriers, distributors, marketers or, in general, of the operators of the facilities, of the obligations established in this Law and regulations of development when, by the concurrent circumstances, is not typified as a very serious or minor violation.

n) Failure by the technical manager of the system to comply with the obligations laid down in this Law and regulations of development where, due to the concurrent circumstances, it cannot be considered to be very serious.

or) Failure to comply with the technical management rules of the system, where this does not affect the continuity and security of the supply of natural gas.

(p) The failure of the subjects with access rights to comply with their obligation to communicate to the owners of the facilities with whom the access contracts have been signed and to the technical manager of the system supply and consumption in the form that is established, as well as any impact that may substantially vary such forecasts.

q) The non-compliance by consumers of their obligation to provide the necessary equipment and to allow access to the necessary equipment by the operators to the facilities to which they are connected; and to manage the periodic verification of the same where a damage to the functioning of the gas system is derived.

r) The commercialization of liquid hydrocarbons under a brand image that does not correspond to the true origin and quality of the same.

s) Failure to comply with any formal obligations are imposed on those who engage in the supply of petroleum products or fuel gases to the public by way of guaranteeing consumer rights and users.

(t) Failure to comply with the limitations established in relation to the shareholding of the Office of the Management of Supplier Changes, with the responsibility of the natural or legal persons who are the holders of the values. "

Forty-two. Article 111 is amended as follows:

" Article 111. Minor infractions.

Minor infractions are those violations of the precepts of obligation under this Law and in its implementing rules that do not constitute a serious or very serious infringement, as provided for in the two previous articles ".

Forty-three. The wording of Article 113 (1) is amended as follows:

" 1. The offences listed in the preceding articles shall be sanctioned:

a) Very serious infringements, with a fine of up to € 30,000,000.

b) Serious infringements, with a fine of up to € 6,000,000.

c) Minor infractions, with a fine of up to € 600,000. "

Forty-four. The wording of Article 115 is amended as follows:

" Article 115. Sanctioning procedure.

1. The procedure for the imposition of penalties shall be in accordance with the principles of Articles 127 to 138 of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and the provisions of In Royal Decree 1398/1993 of 4 August 1993, the Regulation of the procedure for the exercise of the right of sanction or the corresponding autonomy rule is adopted, without prejudice to the establishment of special rules for the procedure for imposing penalties provided for in this Law.

2. The maximum time limit for resolving and notifying the sanctioning files processed in accordance with the envisaged procedure shall be one year.

For these purposes, in cases where the jurisdiction is of the General Administration of the State, the authority of the sanctioning file must forward the instructed file and the proposal of sanction to the competent body. for a resolution of at least two months before the end of the maximum period for the resolution and notification of the dossiers referred to in the preceding paragraph. '

Forty-five. Article 117 is amended to read as follows:

" Article 117. Prescription.

The very serious infractions foreseen in this chapter will prescribe three years of your commission, the serious ones at two years, and the mild ones at 18 months.

The penalties imposed for very serious misconduct will be prescribed at three years, those imposed for serious misconduct, at two years and those imposed for minor faults, per year. "

Forty-six. The additional first provision is modified so that it has the following wording:

" Additional disposition first. Surface canyon.

The holders of research permits and operating concessions covered by Title II shall be obliged to pay the surface fee.

(a) The fee shall be required per hectare per year according to the following scales:

Scale	Euros
Permissions
1. For the period of validity of the permission	0.076310
2. During each extension	0.152620

Scale second

Euros
	Operating Concessions
1. For the first five years	1,907752
2. For the next five years	5,341706
3. For the next five years	14,117364
4. For the next five years	17,551318
5. For the next five years	14,117364
6. For the next five years	7.249458
7. During extensions	5,341706

(b) The surface cannons specified above shall be established in favour of the holder of the public domain, on the first day of January of each calendar year, in respect of all permits or concessions existing on that date, must be satisfied during the first quarter of the same.

(c) When the research permits or operating concessions are granted after the first of January, the annual portion of the annual quotas shall be paid as a fee in the year of the grant. that I measured from the date of the grant to the end of the calendar year. In such cases, the licence fee shall be payable on the day of the granting of the permit or concession and shall be satisfied within 90 days from this date.

(d) The Government, after agreement of the Government Delegated Committee for Economic Affairs, may update the values of the fees set out in this additional provision. "

Forty-seven. The additional twelfth provision which is worded as follows is amended:

" Additional Disposition 12th. Funding from the National Energy Commission.

1. The National Energy Commission will assume the obligations and the management of those files that are pending in the National Commission of the Electrical System referred to in Law 54/1997, of 27 November, of the electrical sector, as well as the the remuneration which corresponds, in accordance with that Law, to that Commission.

2. For the purposes set out in this Law, the financing of the National Energy Commission shall be integrated, inter alia, by the following fees:

First. Fee applicable to the provision of services and performance of activities by the National Energy Commission in relation to the Liquid Hydrocarbons Sector.

(a) Tax made. -It constitutes the taxable fact of the charge for the provision of services and the carrying out of activities by the National Energy Commission in relation to the liquid hydrocarbon sector, in accordance with the established in the additional eleventh provision of this Law and provisions for the development thereof.

(b) Tax base. The tax base of the levy is constituted by the annual sales of gasoline, gas oils, kerosene, fuel oils and liquefied petroleum gases in bulk and packaged expressed in metric tons (Tm), which delivery has been carried out on national territory. For these purposes, they shall not have the consideration of sales made between operators, nor the sales made by the operators referred to in Article 45 of this Law to distributors of liquefied petroleum gases by pipeline to end consumers.

The sales referred to in the preceding paragraph shall be calculated on a yearly basis, based on those made in the previous calendar year and shall apply from 1 January. By Resolution of the Directorate General of Energy Policy and Mines of the Ministry of Economy, the annual sales that correspond to each operator will be determined and will serve as a basis for the calculation of the tax quota to be entered in the National Energy Commission.

As soon as the Resolution referred to in the preceding paragraph is not issued, the National Energy Commission shall carry out the liquidation provided for in point f of this number in accordance with the annual sales established for the exercise immediately above.

Once the Resolution by the General Directorate of Energy Policy and Mines of the Ministry of Economy has been issued, the National Energy Commission will carry out the regularizations that, if necessary, will proceed, according to the the sales determination that the same would have set.

c) Devengo of the fee. -The rate will become due on the last day of each calendar month.

(d) Liabilities.-The taxable persons of the levy are the wholesale operators as referred to in Articles 42 and 45 of this Law.

e) Type of charge and fee. The rate at which the tax base will be multiplied to determine the tax rate to be entered in the National Energy Commission is 0.140817 euros/Tm.

(f) Management rules. The fee shall be the subject of monthly settlement by the National Energy Commission, by ascending the amount of each settlement to the twelfth part of the tax rate defined in point (e) above.

The income of the settled rate and notified by the National Energy Commission shall be made by the taxable persons as defined in point (d) above within the time limits laid down in Article 20.2 of the General Regulation of Collection.

Second. Fee applicable to the provision of services and performance of activities by the National Energy Commission in relation to the electricity sector.

(a) Tax made. -It constitutes the taxable fact of the charge for the provision of services and the carrying out of activities by the National Energy Commission in relation to the electricity sector, in accordance with the provisions of the Additional provisions of this Law, corresponding sectoral regulations, and provisions for the development thereof.

(b) Exemptions and bonuses.-In the case of exemptions and bonuses, this will be in line with the single additional provision of Royal Decree 2017/1997 of 26 December determining the exemptions and Reduction coefficients applicable to the quotas referred to in Article 5 of the said Royal Decree, as amended by the first provision of Royal Decree 3490/2000 of 29 December 2000.

Furthermore, the provisions of the transitional provision sixth of Royal Decree 2017/1997 of 26 December 1997, which organises and regulates the procedure for the settlement of transport costs, will be applied, distribution and marketing at tariff and the costs of diversification and security of supply.

(c) Tax base. The tax base of the levy is constituted by the total turnover resulting from the application of the access tolls referred to in Article 18 of Law 54/1997 of 27 November of the Sector Electrical.

d) Devengo of the rate. -rate will become due on the last day of each calendar month.

e) Liabilities. -The taxable persons of the charge are the companies that carry out the activities of transport and distribution, in the terms provided for in Law 54/1997, of 27 November, of the Electrical Sector.

[f] Rates of charge and quota. The rate at which the tax base will be multiplied to determine the tax rate to be entered in the National Energy Commission is 0.201%, for the tolls referred to in Article 18 of the Law 54/1997 of 27 November of the Electrical Sector.

(g) Management rules. The fee shall be the subject of monthly self-settlement by the taxable persons as defined in point (e) above. The taxable person shall complete the corresponding declaration-settlement form, according to the models approved by the National Energy Commission.

For the purposes set out in the preceding paragraph, before the 25th of each month, the taxable persons shall submit to the National Energy Commission a statement-settlement on the total turnover corresponding to the previous month, with breakdown of periods and invoices.

The income of the fees corresponding to the billing of the last month preceding the month shall be made before the 10th day of each month or, if applicable, of the business day immediately after.

(h) Integration of the fee into the toll structure provided for in Law 54/1997 of 27 November. The rate for the provision of services and the carrying out of activities in the electricity sector is considered as a permanent cost of the system, in the terms provided for in Article 16.5 of Law 54/1997 of 27 November 1997, of the Electrical Sector, integrating all the effects on the toll structure established by the aforementioned Law and provisions for its development.

Third. Fee applicable to the provision of services and performance of activities by the National Energy Commission in relation to the gaseous hydrocarbon sector.

(a) Tax made. -It constitutes the taxable fact of the charge for the provision of services and the carrying out of activities by the National Energy Commission in the field of gaseous hydrocarbons, in accordance with the in the additional eleventh provision of this Law and provisions for the development thereof.

(b) Tax base. The tax base of the levy is constituted by the total turnover resulting from the application of tolls and charges referred to in Article 92 of this Law.

c) Devengo. -The rate will become due on the last day of each calendar month.

d) Liabilities. -The taxable persons are the companies that perform the activities of regasification, storage in LNG tanks, basic storage, transportation and distribution, in the terms foreseen in the This Act.

e) Rates of charge and quota. The rate at which the tax base will be multiplied to determine the tax rate to be entered in the National Energy Commission is 0.166%.

(f) Management rules. The fee shall be the subject of monthly self-settlement by the taxable persons as defined in point (d) above. The taxable person shall complete the corresponding declaration-settlement form, according to the models approved by the National Energy Commission.

For the purposes set out in the preceding paragraph, before the 25th of each month, the taxable persons shall submit to the National Energy Commission a statement-settlement on the total turnover corresponding to the previous month, with breakdown of periods and invoices.

The time limit for the entry of the fees corresponding to the billing of each month shall be, at most, day 10, or the following working day, of the month following the month following that to which the billing period relates. liquidated.

g) Integration of the levy into the structure of, tolls and fees provided for in this Law.-The rate for the provision of services and the carrying out of activities in the gaseous hydrocarbon sector has the consideration of cost permanent system of the gas system, integrating with all the effects on the structure, tolls and canons established by this Law and provisions of its development.

Fourth. The management and collection on a voluntary basis of the rates defined in this provision shall be the responsibility of the National Energy Commission, in accordance with the terms of Law 58/2003 of 17 December, General Tax and other rules of application.

The competition to agree to the deferral and fractionation of payment on a voluntary basis of the rates defined in this provision, will also be the responsibility of the National Energy Commission, as foreseen in the Article 50 of the General Recovery Regulation, approved by Royal Decree 1684/1990 of 20 December 1990.

The executive branch will be responsible for the collection of public finances, as provided for in the tax regulations.

Fifth. The provisions of Law 58/2003 of 17 December, General Tax, Law 8/1989 of 13 April 1989 on Public Fees and Prices and standards for the development of the same shall apply as provided for in the preceding paragraphs.

Sixth. The rates referred to in points 1.e, 2.f and 3.e of paragraph 2 of this provision shall be reviewed by the Government in a four-year period, adapting them to the financing requirements to be justified by the National Commission. of Energy, as set out in the 11th additional provision of this Law.

The first review will take place in 2007. "

Forty-eight. The additional 16th provision, which is worded as follows, is amended:

" Additional Disposition sixteenth. Biofuels and biofuels.

1. The following products are considered to be biofuels and are intended for use for combustion purposes in any type of engine, directly or mixed with conventional fuels:

(a) Bioethanol: ethyl alcohol produced from agricultural or plant-based products is already used as such or after modification or chemical transformation.

(b) Biomethanol: methyl alcohol, obtained from products of agricultural or plant origin, is already used as such or after modification or chemical transformation.

(c) Biodiesel: methyl ester produced from vegetable or animal oil.

d) Vegetable oils.

e) All products to be determined.

2. The distribution and sale of these products shall be governed by the provisions of Title III thereof, whether they are used as fuels or used by combustion for the purpose of heat production.

3. The following annual targets for biofuels and other renewable fuels for transport purposes are set out, which express minimum energy content in relation to gas oils and gas oils placed on the market for transport purposes:

	2008	2009	2010
biofuels content	1.9%	3.4%	5.83%

The annual target to be set for 2008 will be indicative, while the targets set for 2009 and 2010 will be mandatory.

The Government will be able to modify the objectives set out in the table above, as well as set additional objectives.

The Ministry of Industry, Tourism and Trade is enabled, after a report from the Government's Delegation for Economic Affairs, to issue the necessary provisions to regulate a mechanism to promote the incorporation of biofuels and other renewable fuels, aimed at achieving the objectives set out in this Additional Disposition. In particular, this mechanism may include the quantification of the obligations, indicating the types of product under which the obligation is to be met, the required subjects, a certification system enabling supervision and control of the obligations, as well as flexibility mechanisms that are conducive to maximum efficiency in achieving the objectives. "

Forty-nine. The additional twenty-second provision is amended as follows:

" Additional Disposition 20th. System Technical Manager.

The company ENAGAS, Sociedad Anonima, will assume the functions, rights and obligations of the Technical Manager of the gas system. To do this, it will create a specific Organic Unit whose Executive Director will be appointed and ceased by the Board of Directors of the company, with the approval of the Minister of Industry, Tourism and Commerce.

The said Unit shall perform the functions of the System Technical Manager on an exclusive basis and with accounting and functional separation, in compliance with the criteria set out in Article 63 of this Law, with respect to the the rest of the company's activities.

The personnel of the Unit carrying out the functions as Technical Manager of the System shall subscribe to the code of conduct referred to in Article 63 of this Law, guaranteeing their independence from the other activities developed by the business group.

No natural or legal person may participate directly or indirectly in the shareholding of the undertaking responsible for the technical management of the system, in a proportion exceeding 5 per 100 of the share capital, or exercising political rights in that company above 3 per 100. These actions may not be indicated for any purpose. Those subjects who carry out activities in the gas sector and those natural or legal persons who, directly or indirectly, participate in the capital of these companies by more than 5%, may not exercise political rights in the Technical Manager of the System above 1 per 100. Such limitations shall not apply to the direct or indirect participation of the business public sector. The shares in the share capital may not be shown for any purpose.

Also, the sum of direct or indirect shareholdings, of the subjects performing activities in the natural gas sector, may not exceed 40 per 100.

For the purposes of computing the participation in such shareholders, they shall be attributed to the same natural or legal person, in addition to the shares and other securities held or acquired by the entities belonging to the same group, such as as defined in Article 4 of the Law 24/1988 of 28 July of the Stock Market, those whose ownership corresponds to:

(a) To persons acting in their own name but on behalf of that person, in a concerted manner or forming a decision unit with it. Unless otherwise proved, they shall be understood to act on behalf of a legal person or in a concerted manner with the members of its administrative body.

(b) To the partners, together with those who exercise control over an entity dominated as provided for in Article 4 of Law 24/1988 of 28 July of the Securities Market.

In any event, account shall be taken of both the Sunday ownership of the shares and other securities and the voting rights enjoyed under any title.

Failure to comply with the limitation on participation in the capital referred to in this Article shall be deemed to be a very serious infringement of the effects referred to in Article 109 of this Law, natural or legal persons who are the holders of the securities or to whom the excess participation in the capital or voting rights is attributable, in accordance with the provisions of the preceding paragraphs. In any event, the sanctioning regime provided for in that Law shall apply. "

Fifty. The additional twenty-fourth provision is deleted.

Fifty-one. A new additional twenty-seventh provision is added with the following wording:

" Additional twenty-seventh disposition. Technical Management of the Energy System Monitoring Committee.

The Energy System Technical Management Monitoring Committee will be created, which will be composed of representatives of the General Secretariat of Energy of the Ministry of Industry, Tourism and Commerce, of the Technical Manager of the Natural gas system, Electrical System Operator, Strategic Petroleum Reserve Corporation and National Energy Commission.

The objective of the aforementioned Committee is the permanent monitoring of the guarantee of energy supplies. The composition, functions and operating arrangements of the abovementioned Committee shall be determined in accordance with the rules. The Energy System Technical Management Monitoring Committee shall draw up an annual report to be submitted to the Autonomous Communities. "

Fifty-two. A new additional twenty-eighth provision is added with the following wording:

" Additional twenty-eighth disposition. Time limits for resolution of conflicts in relation to the management of networks.

Administrative complaints against a natural gas carrier or distributor may be submitted to the body responsible for the resolution of the natural gas carrier or distributor, who shall issue a decision within two months. following receipt of the claim. This period may be extended by two months if the responsible body requests additional information. It may also be extended for longer with the consent of the claimant. "

Fifty-three. A new additional twenty-ninth provision is added with the following wording:

" Additional twenty-ninth disposition. Accounting separation in the liquid hydrocarbon and liquefied petroleum gas sector.

Those trading companies or groups of companies that perform exploration, production, refining, transportation, storage, wholesale distribution, and retail distribution of petroleum products, and distribution Wholesale, and retail distribution of liquefied petroleum gases, shall keep separate accounts for each of those activities.

Without prejudice to the application of the general accounting standards, the Government may establish the accounting and accounting specialties deemed appropriate in such a way as to be clearly reflected in the revenue and expenditure of different activities and transactions between companies in the same group. '

Fifty-four. A new 30th additional layout is added with the following wording:

" Additional 30th Disposition. Registrations in place in the Register of Distributors, Marketers and Qualified Consumers.

The registration of distributors, traders and consumers Direct in the market for gaseous fuels by pipeline, provided for in Article 83, will be incorporated, from the moment of its creation, all the seats The register of the Distributor, the Marketers and the Qualified Consumers of Fuel Gas by channeling. "

Fifty-five. A new 19th transitional provision is added with the following wording:

" Nineteenth Transient Disposition. Minimum stocks of natural gas safety.

Until 1 January 2012, the minimum security stocks referred to in Article 98 of this Law may include operational reservations. The part of the minimum security stocks which may be operational and the manner in which they may be taken into account shall be established. '

Fifty-six. A new transitional provision is added twenty-one with the following wording:

" Transient disposition. Transitional arrangements for gases manufactured in island territories.

Until the completion and implementation of the facilities that allow the supply of natural gas in the island territories, the companies distributing the facilities for the distribution of gases Fuels in the territorial scope may be provided for the supply of manufactured gases and/or air-propaned by channelling with the regime set out in this transitional provision.

The Minister of Industry, Tourism and Trade, prior to the Agreement of the Government Delegation for Economic Affairs, will dictate the necessary provisions for the establishment of the rates of sale of the gases manufactured and/or air supplied to final consumers, establishing the specific values of those tariffs and prices or a system of automatic determination and updating thereof, shall also establish the remuneration corresponding to the the company in question for the exercise of the supply activity and for the cost supplement which assume the supply of the manufactured gases and/or air-propaned.

The rates of manufactured and/or air-based gases will be limited to the maximum rate of the last resort rate for each level of pressure and volume of consumption, and will be charged by the gas distribution companies, The same application should be given to the same application as for tolls and royalties as provided for in this Law.

During that transitional period in the procedure for the allocation of funds paid by hauliers and distributors, consideration shall be given to the remuneration corresponding to those undertakings for the exercise of the the supply activity and the cost supplement that would result in the supply of the manufactured gases and/or propane air. "

Fifty-seven. A new transitional provision twenty-first is added with the following wording:

" The 21st transient disposition. Transitional regime of the rights of the affected to meet the requirements of supply to the users.

In those Autonomous Communities in which the amounts relating to the rights of the undertaking referred to in Article 91 have not been approved, the amounts provided for by this concept shall be applied in accordance with the provisions laid down in this Article. In Royal Decree 1434/2002 of 27 December, regulating the activities of transport, distribution, marketing, supply and procedures of authorization of natural gas installations, and the normative provisions of development in which natural gas and gas tariffs are to be established by channelling, rental of counters and rights of connection for consumers connected to supply pressure networks equal to or less than 4 bar. "

Additional disposition first. Article 121 is amended and a new article is added to Law 22/1973 of Mines, with the aforementioned articles remaining as follows:

" Article 121.

1. The commission of a serious infringement shall be very serious where there is a serious risk of recurrence or serious risk to persons or the environment.

2. Any of the following will be a serious violation:

(a) The performance of any activity for the use of resources regulated by this Law without its corresponding authorization or concession.

b) The intrusion of tasks and the realization of the exploitation outside the perimeter granted.

c) The non-presentation of the Labors ' Plan in time and with regulatory content.

d) The performance of activities regulated in this Law without the Optional Direction referred to in Article 117.

e) Inadequate conservation and maintenance of farms and facilities if this can be a serious risk to people or the environment.

f) Failure to comply with the obligations included in the Restoration Plan without the approval of the body that approved it, including the obligation to constitute and maintain the guarantee sufficient for its compliance with the amount and time limit.

g) Those that, assuming a non-compliance in the field of mining safety, pose a risk to people or the environment.

(h) The commission of a minor offence where circumstances of reoffending or serious risk to persons or the environment are assessed.

3. It shall be a minor infringement of any obligation arising out of this Law and the regulatory provisions of application, of the approved Labors ' Plan or of a prescription imposed for compliance with this Law by the body. competent, provided that it is not typified in paragraphs 1 and 2 of this Article.

4. Infringements of the provisions of this Law, without prejudice to the declaration of revocation or suspension of work where appropriate, shall be punishable as follows:

1. Very serious sanctions with fines of up to one million euros.

2. Severe penalties with fines of up to three hundred thousand euros.

3. Light penalties with fines of up to thirty thousand euros.

5. The following circumstances shall be taken into account in determining the amount of penalties:

a) The danger caused to people or the environment.

b) The importance of damage or deterioration caused.

c) The degree of participation and the benefit obtained.

d) The intentionality in the commission of the infringement.

e) The recidivism, understood as a commission within one year of an infringement of the same type and qualification, resolved by a firm judgment.

6. In the field of the General Administration of the State it is up to the Council of Ministers to impose very serious sanctions; to the Minister of Industry, Tourism and Commerce, the serious ones; and to the Director General of Energy and Mines Policy, the mild ones.

7. The infringements shall be prescribed after two years of their commission.

8. The sanctioning procedure will expire upon the year of initiation.

Item 122.

Any prohibition contained in the management instruments on activities included in the Mining Act shall be motivated and shall not be of a generic nature. "

Additional provision second. Amendment of Law 6/1977, of 4 January, to promote mining.

Article 41 of Law 6/1977 of 4 January, for the Promotion of Mining, is amended, which is worded as follows:

" Article forty-one.

One. The area fee for mines, the taxable fact of which is the private use of the public mining domain, shall be required, as from 1 January 2008, in accordance with the bases and types contained in the following tariffs:

First rate. Scan permissions:

For each grid and year it will be paid: 1.2 euros.

Rate second. Research permissions:

Granted under legislations prior to Law 22/1973. For every 30 hectares or fraction and year it will be paid: 22.5 euros.

Granted in accordance with Law 22/1973. For each grid and year it will be paid: 22.5 euros.

Rate third. Operating concessions:

Granted under legislation prior to Law 22/1973. For every 10 hectares or fraction and year 15 euros will be paid.

Granted in accordance with Law 22/1973. For each grid and year it will be paid: 45 euros.

Two. The Government may, by means of Royal Decree, update the value of the fees set out in the previous paragraph. '

Additional provision third. Amendment of the recast of the Law on Corporate Tax, approved by the Royal Legislative Decree 4/2004 of 5 March 2004.

With effect for the tax periods starting from 1 January 2006, the additional fourth provision of the recast text of the Companies Tax Law, approved by the Royal Legislative Decree, is amended. 4/2004, of 5 March, which will be worded as follows:

" Additional provision fourth. Tax regime for the transmissions of assets made in compliance with provisions with the rank of Law and competition law.

The transmissions of assets that are carried out in compliance with obligations established by provisions with a range of law, published as of 1 January 2002, or by agreements of the European Commission or of the Council of Ministers adopted from the same date, in application of the rules of defense of competition in processes of business concentration, will have the following treatment in the Tax on Societies:

(a) The positive income that is obtained shall not be integrated into the tax base, if the amount obtained in the transmission is reinvested under the conditions set out in Article 42 of this Law.

(b) This positive income shall be integrated into the taxable amount of the period in which it is transmitted, or for any other reason the assets and rights that are the subject of reinvestment shall be reduced in the balance sheet.

In the financial year in which such income is integrated, the deduction for reinvestment of extraordinary profits that would have been applicable in the tax period in which the tax period was published shall apply, in the corresponding full share. rule by establishing the obligation to transmit the assets.

(c) The assets in which the reinvestment materializes shall be valued, for the exclusive purposes of calculating the positive income, for the same value as the goods and rights transmitted. In the case of partial reinvestment, this value shall be increased by the amount of the income in the tax base.

(d) The taxable person may submit consultations on the interpretation and application of this provision, the answer of which shall be binding on the tax administration, as provided for in the Articles 88 and 89 of Law 58/2003, of December 17, General Tax. "

Additional provision fourth.

1. The "Gaviota" and "Serrablo" subways will have the consideration of storage included in the basic system of the gas system.

2. The holders of the concessions for the exploitation of hydrocarbon deposits referred to as "Gaviota-I" and "Gaviota-II", before the end of three months after the entry into force of this Law, shall communicate to the General Secretariat of Energy of the Ministry of Industry, Tourism and Trade your choice between the following options:

(a) Request for the extinction of the aforementioned concessions for the exploitation of hydrocarbon deposits "Gaviota-I" and "Gaviota-II".

In this case, the holders will be compensated for the investments affected by these outstanding concessions to amortize at the time of extinction.

To ensure the security of supply and the proper functioning of the gas system, the operators will maintain the normal operation of all facilities affected by the storage of natural gas both on land and in sea, in accordance with the instructions of the Technical Manager of the System, until the corresponding concession of underground storage of hydrocarbons referred to in Article 24a of Law 34/1998, of 7 October, of the Hydrocarbon Sector. Failure to comply with this condition shall be considered to be in violation of the provisions of this Law as very serious.

(b) Request for the conversion of the aforementioned concessions for the exploitation of hydrocarbon deposits "Gaviota-I" and "Gaviota-II" in an underground storage concession for hydrocarbons referred to in Article 24 In the light of the above, it is necessary to provide for the extension of the provisions of the Law 34/1998 of 7 October of the Law 34/1998 of 7 October concerning the area of storage and extension provided for in the following paragraph. remaining area extension granted.

The new storage concession will have a period of validity of 30 years from its date of entry into force, without prejudice to any extensions that may be granted, and the granting of the same subject to the approval by the Administration, within one year of the entry into force of this Law, of an extension project for the aforementioned storage facilities.

If, within three months of the entry into force of this Law, the holders of the concessions for the exploitation of hydrocarbon deposits "Gaviota-I" and "Gaviota-II" have not communicated their choice, it will be understood that the option chosen is the extinction of the aforementioned concessions for the exploitation of hydrocarbon deposits.

3. The administrative authorisation for the exercise of the underground storage activity in the gas fields referred to as 'Jaca', 'Aurin' and 'Suprajaca' referred to in the sixth additional provision of Law 34/1998 of 7 October 1998. The hydrocarbon sector is a concession for the underground storage of hydrocarbons, as referred to in Article 24a of Law 34/1998 of 7 October of the Hydrocarbons Sector. The period of validity of the said concession shall be 30 years from the date of entry into force of the enabling title for the exercise of the activity.

The concession of exploitation of hydrocarbon deposits called "Serrablo" is declared extinct.

Before three months elapse after the entry into force of this Law, the holder of this Law shall inform the General Secretariat of Energy of the investments affected by this concession to be amortized.

4. The Government is empowered to issue all the necessary provisions for compliance with the provisions of this additional provision.

Additional provision fifth. Monitoring of the hydrocarbon market.

The National Energy Commission, in the exercise of the supervisory functions entrusted to it, will send to the Ministry of Industry, Tourism and Trade an annual report analyzing the degree of development of the competition in the the market for hydrocarbons, including, where appropriate, proposals for regulatory reform aimed at strengthening the degree of effective competition in the sector.

First transient disposition. Functional separation.

Before 1 January 2008, the companies and business groups referred to in Article 63 of Law 34/1998 of 7 October of the Hydrocarbons Sector will have to comply with the separation criteria. functional as set out in that Article.

Second transient disposition. Technical manager of the gas system.

The voting rights corresponding to the shares or other securities held by the persons participating in the capital of ENAGAS, Sociedad Anonima, exceeding the maximum percentages indicated in the additional 20th provision Law 34/1988 of 7 October of the Hydrocarbons Sector shall be suspended from the entry into force of this provision.

The National Energy Commission will be legitimized for the exercise of legal actions aimed at making effective the limitations imposed on this precept.

Transitional provision third. Creating the Office of Supplier Changes.

Within the maximum period of two months from the entry into force of this provision, the distribution and marketing undertakings referred to in Article 83 (2) shall constitute the commercial company " Supply changes ".

Such a company, subject to the authorization of the Secretary-General of Energy of the Ministry of Industry, Tourism and Commerce, shall commence its business before six months have elapsed since the publication of this provision.

Transitional disposition fourth. Supply at rate.

1. The rates of last resort referred to in Article 93 of Law 34/1998 of 7 October of the Hydrocarbons Sector shall apply from 1 January 2008.

2. Until 1 January 2008, the tariff supply to be carried out by the distribution companies shall continue in force, subject to the conditions laid down in this provision and shall be considered as a regulated activity.

Activities for the supply of natural gas at tariff rates shall be economically remunerated in the form determined by the tariffs, tolls and charges.

The company ENAGAS, Sociedad Anonima, will be obliged to carry out the natural gas acquisitions necessary to meet the supply requests of the distributors to perform the supply at tariff and to fulfill the obligations security of supply laid down in Article 98 of Law 34/1998 of 7 October of the Hydrocarbons Sector.

During the transitional period referred to in this provision, natural gas from the contract of supply of natural gas from Algeria, to which the Transitional Disposition of the Law is concerned 34/1998, of 7 October, of the Hydrocarbons Sector, will be assigned preferably to the supply at tariff.

The company will be entitled to a remuneration for the exercise of the gas sales management that will be fixed by the Minister of Industry, Tourism and Trade, prior to the report of the Government's Delegate Committee for Economic.

For the realization of the supply at tariff, the companies distributing and ENAGAS, Sociedad Anonima will have the right of access to the facilities of transport and distribution.

The Minister of Industry, Tourism and Trade, prior to the Agreement of the Government Delegation for Economic Affairs, will dictate the necessary provisions for the establishment of the rates of sale of natural gas for the final consumers, as well as the prices of natural gas disposal of ENAGAS, Sociedad Anonima to the distribution companies, establishing the specific values of those tariffs and prices or a system of automatic determination and updating of the " The rates of application for such supplies shall be unique throughout the Spanish territory, without prejudice to their specialties.

The distribution companies, in addition to the rights and obligations laid down in Law 34/1998 of 7 October of the Hydrocarbons Sector, will have, during that transitional period, the right to the perception of remuneration. for the activity of supply to consumers at tariff. Such remuneration shall be fixed by the Minister for Industry, Tourism and Trade, following a report from the Government's Delegation for Economic Affairs.

In addition they will have the following obligations in relation to the tariff supply:

(a) Atender, on an equal basis, the demands for new gas supplies in the areas in which they operate and formalize the supply contracts at tariff level in accordance with the provisions of the legislation in force.

b) Apply to consumers the appropriate rate.

c) Inform consumers of the most convenient rate for them and on how many issues they could request in relation to the gas supply.

d) Acquire of the company ENAGAS, Sociedad Anonima, at the disposal price, the gas necessary for the development of the supply activity at tariff.

The natural gas tariffs will be charged by the companies that perform the gas distribution and must give to the entered quantities the application that proceeds according to the provisions of Law 34/1998, of 7 October, of the Hydrocarbon sector and provisions that develop it.

3. Within three months of the entry into force of this provision, the Minister for Industry, Tourism and Trade shall establish the mechanism for the transfer of customers, with a contract in force on the market at tariff, to undertakings. (i) the marketing of This mechanism should be applied by the distribution companies before 1 January 2008.

4. Until 31 December 2009, the Minister of Industry, Tourism and Trade will be able to set a specific toll for those consumers who, at the entry into force of this Law, are welcome to the tariff for gas supplies. natural for use as a raw material, as set out in point 1.4.1 of Annex I to the Order of 30 September 1999, with the amendments made to the Order of the Ministry of the Economy of 28 May 2001 approving the natural gas tariffs as raw material.

Transient disposition fifth. Timetable for the adaptation of the tariff system for the supply of natural gas and the application of the supply of last resort.

As of 1 July 2007, the tariffs of Group 2: 2.1, 2.2 2.3 and 2.4, as defined in Article 27 of Royal Decree 949/2001 of 3 August, governing the access of third parties to installations, are hereby abolished. Gasists and an integrated economic system of the natural gas sector is established.

From 1 January 2008 the tariff system for natural gas is abolished, with the rates of last resort being established, which will be exclusively used by consumers connected to pipelines whose pressure is less than or equal to 4 bar, irrespective of their annual consumption.

From 1 July 2008, only those consumers connected to pipelines whose pressure is less than or equal to 4 bar and whose annual consumption is less than 3 GWh may be eligible for the last resort fee.

From 1 July 2009, only those consumers connected to pipelines whose pressure is less than or equal to 4 bar and whose annual consumption is less than 2 GWh may be eligible for the last resort fee.

From 1 July 2010, only those consumers connected to pipelines whose pressure is less than or equal to 4 bar and whose annual consumption is less than 1 GWh may be eligible for the last resort fee.

The Government is authorised to amend the consumption limits set out in this transitional provision for those consumers connected to pipelines whose pressure is less than or equal to 4 bar, if recommended by the market conditions.

The Minister of Industry, Tourism and Trade will also be able to determine the prices to be paid by those consumers who are temporarily not in possession of a supply contract with a marketer.

The content of this transitional provision does not affect the single transitional provision of the ECO/33/2004 Ministerial Order of 15 January, which continues to be in force and will apply until 31 December 2009.

Transitional disposition sixth. Adaptation of the statutes and organic structure of the society ENAGAS, S. A.

Before four months after the entry into force of this Law, the company ENAGAS, S. A. will proceed to adapt its statutes and organic structure to the provisions of the additional twentieth of the Law 34/1998 of 7 October of the Hydrocarbons Sector on the creation of a specific organic unit.

The tariffs of Notaries, Commercial and Property Registrars corresponding to the acts necessary for the adaptation to the aforementioned requirement for separation of activities will be reduced to 10%.

Transitional disposition seventh. Funding from the National Energy Commission.

1. Until 1 January 2009, in addition to the provisions of paragraph 2 (2) (c) of the additional Article 12 (2) (c) of Law No 34/1998 of 7 October 1998, of the Hydrocarbons Sector, the levy shall be the basis of the levy for the financing of the National Energy Commission, the turnover derived from the application of the electricity tariffs referred to in Article 17 of Law 57/1997 of 27 November of the Electrical Sector. In this case, the rate at which the tax base will be multiplied to determine the tax rate to be entered in the National Energy Commission is 0.069 per 100.

2. Until 1 January 2008, in addition to the provisions of Article 3 (2) (b) of the additional provision of Law No 34/1998 of 7 October 1998, of the Hydrocarbons Sector, the levy shall be the basis of the levy for the financing of the National Energy Commission, the total turnover resulting from the application of the rates of gaseous fuels referred to in paragraph 2 of the fourth transitional provision of this provision. In this case, the rate at which the tax base will be multiplied to determine the tax rate to be entered in the National Energy Commission will be 0.061 per 100.

Transient disposition octave. Files on processing.

The substantive provisions introduced in Article 80 of Law 34/1998 of 7 October of the Hydrocarbons Sector by Article 1 of this Law in Article 1 of this Law shall apply to the authorization procedures which were initiated and not expressly addressed to the entry into force of the said amendment.

Single repeal provision. Regulatory repeal.

Any provisions of equal or lower rank shall be repealed as opposed to the provisions of this Law.

Final disposition first. Basic character of the Law.

This Law is of a basic nature, in accordance with the provisions of Article 149.1.13. and 25. of the Constitution.

Final disposition second. Entry into force.

This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this law. Madrid, 2 July 2007.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO