The promotion of electricity generated from renewable energy sources and high-efficiency cogeneration is a priority objective for the European Union and its Member States, for reasons of security and diversification of energy supply, environmental protection and economic and social cohesion. In addition, the exploitation of renewable energy sources can be a source of local employment, have a positive impact on social cohesion, contribute to security of supply and contribute to the achievement of the Objectives of the Kyoto Protocol to the United Nations Framework Convention on Climate Change.

In implementation of that objective, they were enacted: Directive 2001 /77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity generated from renewable energy sources in the the internal market in electricity and Directive 2004 /8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration on the basis of the use of useful heat in the internal energy market and by which Directive 92 /42/EEC is amended.

Both directives provide, as a tool for contributing to the fulfilment of this objective, the introduction of a system of guarantee of origin of electricity to enable electricity producers to use sources of electricity. renewable energy or high-efficiency cogeneration demonstrate that the electricity they sell has been generated in accordance with such principles, and the basic instrument of which will be the system of account annotations created for their management.

This order regulates the system of guarantee of origin of electricity generated from renewable energy sources and high efficiency cogeneration, by virtue of the power granted to the Minister of Industry, Tourism and Trade in paragraph 2 of the first provision of Royal Decree 1634/2006 of 29 December establishing the electricity tariff from 1 January 2007.

For the preparation of the order, the mandatory hearing has been carried out to the interested parties through the Electricity Advisory Council whose allegations have been taken into account in the preparation of the mandatory report of the National Energy Commission of 23 February 2006.

In its virtue, according to the State Council, I have:

CHAPTER I

General provisions

Article 1. Object.

The purpose of this order is to regulate the guarantee of origin of electricity generated from renewable energy sources and high-efficiency cogeneration, in order to promote their contribution to the production of electricity. electricity as well as to facilitate the trade in electricity produced from renewable energy sources and high-efficiency cogeneration.

Likewise, a series of reporting obligations are established by the Ministry of Industry, Tourism and Commerce and the National Energy Commission, in relation to the setting of objectives on the one hand. national indicative and the measures envisaged to achieve them, and on the other hand, with the assessment of the regulatory framework for the authorisation procedures of these facilities.

Article 2. Scope.

The system of guarantee of origin of the electricity regulated in this order will be eligible for all the installations of production of electric power from primary sources of renewable energies and of high cogeneration efficiency, irrespective of the scheme to which they are (special or ordinary), as well as the biodegradable fraction of industrial and municipal waste, whether they are used in production facilities under ordinary or special arrangements; provided that such biodegradable fraction is objectively quantifiable.

Article 3. Definitions.

For the purposes of this order, the following definitions shall apply:

(a) "Renewable energy sources": non-fossil renewable energy sources (wind, solar, geothermal, oil, tidal and hydro, biomass, landfill gas, purification plant gases and biogas);

(b) "biomass" means the biodegradable fraction of products, wastes and residues from agriculture (including substances of plant and animal origin), forestry and related industries, as well as biodegradable fraction of industrial and municipal waste, provided that such biodegradable fraction is objectively quantifiable.

(c) "Net electricity production": The gross electric output minus the electrical consumption of the auxiliary equipment minus the losses to the point of connection to the electrical grid.

(d) "Electricity generated from renewable energy sources": Electricity generated by power plants using exclusively renewable energy sources, as well as the share of electricity generated from renewable energy sources sources in hybrid power plants that also use conventional energy sources, including renewable electricity used to fill storage systems and excluding electricity generated as a result of such electricity. systems.

(e) "cogeneration". Simultaneous generation in a thermal and electrical and/or mechanical energy process.

f) "High-efficiency cogeneration". Cogeneration meeting the criteria set out in Annex III to Royal Decree 616/2007 of 11 May on the promotion of cogeneration.

Article 4. Concept of origin guarantee.

1. The guarantee of origin is an accreditation, issued at the request of the person concerned, which ensures that a certain number of kilowatt hours of electrical energy produced in a plant, in a given time period, have been generated from renewable energy sources or high efficiency cogeneration sources.

2. For the purpose of issuing the guarantee of origin, the data to be entered in respect of the electricity generating facility, and which shall identify that guarantee of origin, shall be those which shall be recorded in the administrative register at any time. of electrical energy production facilities, under the Ministry of Industry, Tourism and Trade.

Article 5. Body responsible for dispatch and management.

1. The National Energy Commission is designated as the responsible body, throughout the Spanish territory, for the issue of the guarantee of origin of the electricity generated from renewable energy sources and high cogeneration. efficiency, as well as for its management, being able to carry out these tasks either directly or through a third party, after authorization by the General Secretariat of Energy of the Ministry of Industry, Tourism and Commerce, which must be independent of generation and distribution activities and to be designated as established by the the law of public administration contracts.

2. The National Energy Commission shall publish regularly the list of authorised bodies, for the same purposes, in the other Member States of the European Union which have been communicated by the European Commission.

Article 6. Log system in account of the source warranty.

1. The National Energy Commission shall establish a system of annotations in the account of the guarantee of origin of the electricity generated from renewable energy sources and high-efficiency cogeneration, which shall be the objective of the the information and management of the aforementioned guarantees of origin.

In such an accounting system, information shall be kept on the quantity of guarantees of origin issued, as well as the transfers thereof.

2. For the proper management of the system, a number of generation accounts, each associated with an installation, shall be created with information concerning the guarantees of origin issued for that installation over a period of time. concrete. The guarantees will be identifiable by technology.

In the same accounts, necessary notes will be made of the transfers experienced for each of the guarantees of origin issued, until its cancellation by redemption with its sale to a final consumer, revocation or expiration.

3. For each generation facility, the identifying data associated with each account shall be, in addition to those recorded in the Administrative Registry of Electrical Power Production Facilities, the following:

(a) In the case of high-efficiency cogeneration, lower calorific value of fuel, use of heat generated together with electricity, equivalent electric performance (REE), as well as electricity from cogeneration and primary energy savings (PES) as defined in Annexes II and III to Royal Decree 616/2007 of 11 May on the promotion of cogeneration.

b) Aquella other information deemed necessary by the National Energy Commission.

(c) Where any change in the administrative or technical situation affecting the characteristics of an installation occurs, the holder shall be responsible for communicating it to the National Energy Commission.

4. The information managed by the aforementioned system, when it is not subject to data protection, will be accessible through the National Energy Commission's website.

5. The National Energy Commission shall submit annually to the Ministry of Industry, Tourism and Trade the memory of the activity of issuing the guarantee of origin of the energy from renewable energy sources and cogeneration high efficiency.

Article 7. Accounting separation.

The income from the sale of the guarantees of origin must be counted separately. During the first quarter of each year, producers on whose behalf guarantees of origin are issued shall forward to the National Energy Commission a report on the plan for the implementation of those revenue, which may be intended for new purposes. developments in production facilities under special arrangements which are not profitable under the current system of remuneration, or to general research and development (R & D) activities aimed at improving the overall environment.

CHAPTER II

Source Warranty Procedures

Article 8. Request.

1. The holder of an electrical power generation plant may request the National Energy Commission, on a voluntary basis, to issue the guarantees of origin of the electrical energy generated in the installation from sources renewable energy or high efficiency cogeneration over a period of time, which shall be multiple of calendar months and shall not exceed a calendar year. The application shall be submitted by 31 January of each year for the guarantees corresponding to the previous year.

2. Together with the application for a guarantee of origin, the data subject shall submit to the National Energy Commission the following information:

(a) The first time, or when a change has occurred in the data entered in the Administrative Register of Electrical Energy Production, a copy of the final registration in the Administrative Register of Production of electrical energy, and, where appropriate, the final registration in the corresponding regional administrative register. In other cases, only identification keys in the previous records.

b) Energy and period for which the source warranty is requested.

(c) The applicant's declaration that he has not applied for and is not seeking to apply for more guarantees of origin or similar certifications for the electricity that is guaranteed, neither in Spain nor in any other State.

d) Statement of electrical measurements during the period for which the guarantees of origin are requested.

e) In the case of systems using renewable and non-renewable sources of energy together, the applicant shall forward the consumption of the different fuels used, as well as the calorific properties of each of the them.

f) In the case of pumping facilities, the applicant shall submit documentation specifying the total production minus the production associated with the consumption of the pumping.

3. The National Energy Commission may also require a certificate issued by the person in charge of the reading to demonstrate compliance with the provisions of the Regulation on the measurement of the consumption and transit of electrical energy, approved by Royal Decree 2018/1997 of 26 December 1997, as well as any additional documentation it considers relevant.

4. A guarantee of origin may not be applied for in advance in respect of the energy to be produced.

5. The total amount of energy for which a guarantee of origin is requested in the period indicated may not exceed the net electricity production actually generated from renewable energy sources and high-efficiency cogeneration in that period. period.

Article 9. Expedition.

The National Energy Commission, after verifying the information provided in the application, shall issue the guarantee of origin, which shall consist of an annotation in the corresponding account of the electricity produced.

The issuance of the origin guarantee shall be carried out by the net production effectively generated (measured in kWh) with renewable energy sources and high-efficiency cogeneration in the period indicated.

The issue of the guarantee of origin shall take place before 28 February of each year for the guarantees corresponding to the previous year, and shall be understood to be in favour of the holder of the installation which shall be the initial holder of the same.

Article 10. Transfer.

Transfers of any guarantee of origin shall be requested by the holder of the guarantee to the National Energy Commission to carry out the corresponding annotation in the corresponding account.

Article 11. Import and export.

1. The import of guarantees of origin shall be considered in the same way as the issue of guarantees.

The accreditations of guarantees of origin issued in another Member State may be presented by the traders to the National Energy Commission to obtain the same recognition as those issued by the guarantee of origin in Spain, provided that they are issued in accordance with the requirements laid down in Directives 2001 /77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity generated from renewable energy sources in the internal electricity market and 2004 /8/EC of the Parliament and the Council of 11 February 2004 on the promotion of cogeneration on the basis of the use of heat in the internal energy market and amending Directive 92 /42/EEC. The guarantee of origin shall be issued by the issuing body designated by a Member State of the European Union.

2. The export of guarantees of origin may only be made by the holders of electricity generation facilities.

The electricity producer under special scheme or, where appropriate, that of the ordinary power scheme exceeding 50 MW which would have received some premium or incentive for its production or surplus, which requests guarantees of origin for export, irrespective of the option of sale of energy which it would have chosen, it shall waive, for each guarantee of origin exported, the economic quantity equivalent to the premium and, where appropriate, incentive, collected under the scheme the economic situation that is out of application. In the case where the economic system provides for a single remuneration linked to a regulated tariff, without the existence of a premium or incentive, the amount to be waived by the producer, for each guarantee of origin exported, shall be the difference between the remuneration which it has received and the final price fixed in the organised market for that technology.

The amounts of the concepts to which the producer must resign shall be considered, where appropriate, as liquidable income for the settlement system established in Royal Decree 2017/1997 of 26 December 1997, for which the the procedure for the settlement of the costs of transport, distribution and marketing at tariff, the permanent costs of the system and the costs of diversification and security of supply are organised and regulated.

Article 12. Cancellation.

1. The cancellation of a guarantee of origin may be motivated by its redemption (sale of a guarantee of origin to a final consumer), revocation (by commission of an error or deficiency in the issue of a guarantee) or expiration (after the Maximum period of time), and shall be included in the relevant account.

2. As the holder will assign the guarantees to the customers on their invoices, he/she must ask the National Energy Commission for their cancellation for redemption. This will proceed to your annotation in the corresponding account, including the customer information.

In the case of export of guarantees of origin, these cannot be redeemed in Spain.

The guarantees of origin may be accounted for for the purposes of the fulfillment of the commitments of the commercializers contracted with their consumers and the fulfillment of the objectives of renewable energies and of cogeneration high efficiency.

3. A guarantee of origin may be the subject of cancellation by revocation in the legally provided terms, in the event that the information provided for the issue was found to be incorrect or not in accordance with the rules in force.

4. The guarantees of origin issued, corresponding to energy generated in the year n-1, which have not been previously cancelled, shall be automatically cancelled by expiry on 31 March of year n + 1.

CHAPTER III

Control and sanctioning regime

Article 13. Verification and inspection of installations.

1. The National Energy Commission shall carry out the checks and inspections which it considers necessary for the exercise of its competence in matters of issuing the guarantee of origin of the electricity generated from renewable energy sources and high-efficiency cogeneration.

2. The operators of the installations covered by this order must ensure that they are physically accessible under appropriate conditions, for the purpose of carrying out the work which is appropriate for verification, verification and, where appropriate, inspection.

3. The marketing undertakings shall also provide access to their records and accounts for the verification and verification of transfers and cancellation of guarantees of origin, of the measure of energy in final consumer and of the income from the sale of the guarantees of origin.

Article 14. Regime of infringements and penalties.

Failure to comply with the obligations laid down in this order shall apply to the regime of infringements and penalties provided for in Title X of Law 54/1997 of 27 November of the Electrical Sector.

CHAPTER IV

Reports

Article 15. National indicative targets.

1. Every five years, the Ministry of Industry, Tourism and Trade shall submit to the Council of Ministers, for approval, a report establishing, for the following 10 years, the national indicative targets for future consumption of electricity generated from renewable energy sources in terms of percentage of electricity consumption.

This report shall also describe the national measures taken or planned to achieve these national indicative targets.

2. Every two years, the National Energy Commission shall send to the Ministry of Industry, Tourism and Trade a report analysing the degree of compliance with the national indicative targets, taking into account, in particular, the factors climate which may affect the achievement of those objectives, indicating the extent to which the actions undertaken are in accordance with the national commitment on climate change.

This report will specify the measures taken to ensure the reliability of the warranty system.

3. The reports described in paragraphs 1 and 2 above shall be publicly available and shall be free of access.

Article 16. Assessment of the regulatory framework.

The National Energy Commission will periodically send to the Ministry of Industry, Tourism and Trade, at its request, a report on the evaluation of the current legislative and regulatory framework regarding the authorisation, applicable to installations of power plants from renewable energy sources and high-efficiency cogeneration, indicating, where appropriate, the actions undertaken.

This assessment will be carried out with a view to reducing regulatory and non-regulatory barriers to increased electricity production from renewable energy sources, and from high-efficiency cogeneration, rationalise and streamline procedures at the appropriate administrative level, ensure that the rules are objective, transparent and non-discriminatory and take into account the particularities of different technologies and promote design of cogeneration units which meet economically justifiable demands for heat useful and avoid the production of surplus heat in relation to the useful heat.

The report should also refer to measures to be taken to facilitate access to the grid of electricity generated from renewable energy sources, inter alia by studying the feasibility of the introduction of two-way measurement.

This report will have a public character and will be freely accessible.

Single end disposition. Details of the guarantees of origin on the invoices of the traders to the final customers, in accordance with Article 110a of Royal Decree 1955/2000 of 1 December 2000 on the activities of transport, distribution, marketing, supply and authorisation procedures for electrical energy installations.

1. The information which, in accordance with Article 110a (2) of Royal Decree 1955/2000 of 1 December 2000, governing the transport, distribution, marketing, supply and authorisation procedures of the Member State of the European Union, Electricity installations, in their wording given by Royal Decree 616/2007 of 11 May on the promotion of cogeneration, should reflect any marketing undertaking selling electricity to final customers on their invoices, from the overall generation mixture referred to in paragraph 1 (a) of that Article 110a of which the part corresponding to the total guarantees of origin issued shall be deducted and, where appropriate, the guarantees of origin acquired by the company concerned. Similarly, such information for each client should reflect, where appropriate, the number of guarantees of origin that would have been redeemed in their favour during the previous year.

2. On the other hand, the information referred to in Article 110a (1) and (2) above, relating to the energy production of the previous year, will be reflected in the customer's invoices since April, once they have been completed. issued the guarantees of origin corresponding to the previous year, and until December.

Because of the lack of information that exists during the months of January to March, both of them, in respect of the previous year, during those three months, the same information will be reproduced as in the preceding months.

First transient disposition. Deadline for the start of the logging system to be taken into account.

The system of annotations in account of the guarantee of origin will begin to operate once the necessary procedures are established by the National Energy Commission, with the deadline for this being 1 December of 2007.

Second transient disposition. Application and issue of guarantees of origin for energy produced during the years 2004, 2005 and 2006.

Applications for guarantees of origin corresponding to the energy produced during the years 2004, 2005 and 2006 shall be submitted during the first calendar month following the month of entry into operation of the guarantee scheme origin, in accordance with the first transitional provision of this order.

For the issue of the guarantees of origin corresponding to the energy generated in the years 2004, 2005 and 2006, the National Energy Commission will have a period of six natural months full to be counted from the first the day of the month following the date of entry into operation of the source warranty system.

The guarantees of origin corresponding to the energy produced during the years 2004, 2005 and 2006 will be automatically cancelled for expiration in the registration at the moment of their expedition, and consequently they will not be able to be transfer object to no other holder, either in Spain or abroad.

Final disposition first. Competence title.

This order is dictated by the provisions of Rules 13 and 25. of Article 149.1 of the Constitution, which attribute to the State jurisdiction on the basis and coordination of the general planning of economic activity and on the basis of the energy and mining regime, respectively.

Final disposition second. Incorporation of European Union law.

By this order, Articles 5 and 9 of Directive 2004 /8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration on the basis of the demand for electricity are incorporated into Spanish law. useful heat in the internal energy market and amending Directive 92/42/EEC, as well as the pending transposition of Directive 2001 /77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity generated from renewable energy sources in the internal market of the European Union. electricity, except paragraphs 4 and 5 of Article 7 thereof.

Final disposition third. Execution and application of the order.

1. The General Directorate for Energy Policy and Mines and the National Energy Commission shall adopt, in the field of their respective powers, the provisions and measures required to implement and implement this order.

2. In particular, the National Energy Commission is authorised to determine the amounts of the remuneration to be settled referred to in Article 11 of this order and to establish the procedures relating to the security of the the origin is necessary, as specified in this order, all by means of circulars that will be published in the "Official Gazette of the State".

Final disposition fourth. Entry into force.

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

Madrid, 24 May 2007.-The Minister of Industry, Tourism and Trade, Joan Clos i Matheu.