The second paragraph of the Council of Ministers ' Agreement of 25 February 2005 adopting mandates for the implementation of measures to boost productivity, calls on the Minister for Industry, Tourism and Trade to raise the Council of Ministers to a draft royal decree on reforms to boost productivity in the energy sector, which addresses a number of objectives, of which the first six relate to the electricity sector.

The following are the following commands:

Modify the Royal Decree 2019/1997 of 26 December, for which the electricity production market is organized and regulated, for the adaptation of the new structure of the market for the production of electric energy to the established in the International Convention on the Establishment of an Iberian Electricity Market between the Kingdom of Spain and the Portuguese Republic of 1 October 2004.

Modify Royal Decree 1955/2000 of 1 December 2000 regulating the activities of transport, distribution, marketing, supply and authorisation procedures of electrical energy installations, for prohibit the new cascading distribution by preserving the obligation of extension of such networks by the existing distributor in the area.

Modify Royal Decree 1955/2000 of 1 December 2000 regulating the activities of transport, distribution, marketing, supply and procedures for the authorisation of electrical energy installations, the Royal Decree 1164/2001 of 26 October 2001 laying down tariffs for access to electricity transmission and distribution networks, Royal Decree 2018/1997 of 26 December 1997 adopting the regulation of the measuring points of the Electrical energy consumption and transits and Royal Decree 1435/2002, of 27 December, for which the regulate the basic conditions of contracts for the acquisition of energy and access to networks at low voltage, in order to homogenise the conditions of procurement in the free and regulated market in the following specific aspects in order to avoid Obstacles to the passage of regulated market customers to the free market:

a) Installing power control equipment and homogenizing normalized stresses.

b) Treatment of reactive energy.

c) Homogenisation and separation of low voltage, free and regulated market rates.

d) Greater information to be disseminated by the distribution companies.

e) Breaches of obligations in relation to information and change of supplier.

Amend Royal Decree 1955/2000 of 1 December 2000 to allow holders of new generation facilities to deposit an endorsement parallel to the start of the application for authorisation of the new installation in the case of the ordinary system, or access and connection to the transport network, in the case of the special scheme, in order to avoid uncertainties about the new capacity to be installed.

Modify Royal Decree 436/2004, of March 12, in order to rationalize the incentive of the generations with installed electrical power exceeding 50 MW and to detail aspects of the Royal Decree that facilitate the the production of the transferred energy and its admission to the system of settlement of regulated activities and costs.

For its part the Royal Decree-Law 5/2005, of March 11, of urgent reforms for the impulse to the productivity and for the improvement of the public procurement, dedicates its title II to regulating a set of reforms in the field energy to deepen the orderly liberalisation of the sector and to enable the early creation of the Iberian Electricity Market.

In this sense, a series of measures, both horizontal and sectoral, were adopted, requiring a range of law. The main concern is the redefinition of the concept of the main operator of the markets, taking into account exclusively the liberalised activities, the introduction of the dominant operator figure in the energy markets, the adaptation of Law 54/1997 of 27 November of the Electrical Sector to the International Convention on the Establishment of an Iberian Electricity Market, the modification of the settlement system of the CTC's, without prejudice to its current operation, the elimination of inefficient practices in the field of energy distribution In the case of electricity, the prevention of price distortion through the definition of a new concept called "relevant fact", which determines the cases in which the behaviour which may affect the formation of prices in the market, and the reduction of the maximum participation that any individual shareholder can have in the capital of Red Electrica de España, S.A., to achieve greater independence in relation to companies that develop liberalizing activities in the electrical sector.

At present, the regulatory development of the new measures adopted in the aforementioned Royal Decree-Law 5/2005 of 11 March, regarding the electrical sector, development that is supported by the Thirty-second mandate of the abovementioned Agreement for the adoption of mandates for the implementation of measures to boost productivity, the development of a draft Royal Decree of reforms for productivity in the energy sector, in terms of the for the electrical sector, as defined in paragraphs 1 to 6 of that mandate.

This royal decree aims to establish a series of reforms to boost productivity in the electricity sector in compliance with the 30th point of the Council of Ministers Agreement of 25 February 2005, adopting mandates to implement measures to boost productivity, and as a normative development of measures relating to the electricity sector approved in Title II of Royal Decree-Law 5/2005 of 11 March 2005 on urgent reforms for the boost to productivity and for the improvement of public procurement.

The scope of this royal decree does not include paragraph 4 of the 30th second term of the Council of Ministers Agreement of 25 February 2005 on the amendment of Royal Decree 436/2004 of 12 March 2005, to encourage the use of biomass in generation facilities.

This royal decree incorporates into Spanish law some provisions contained in Directive 2003 /54/EC of the European Parliament and of the Council of 26 June on common rules for the internal market in electricity since they were not contained in the regulations of the Spanish electricity sector. In particular, Articles 3.3, as regards the protection of vulnerable customers, and 6.3, as regards the authorisation of small generation or distributed generation facilities, are incorporated.

In its virtue, on the proposal of the Minister of Industry, Tourism and Trade, in agreement with the Council of State, and after deliberation of the Council of Ministers at its meeting on December 2, 2005,

D I S P O N G O:

Article first. Amendment of Royal Decree 2019/1997 of 26 December on the organisation and regulation of the electricity production market.

The Royal Decree 2019/1997 of 26 December, for which the electricity production market is organised and regulated, is amended as follows:

One. The name of Chapter I is worded as follows:

"General provisions and market subjects"

Two. Article 1 is worded as follows:

" Article 1. Object.

This Royal Decree aims to regulate the general conditions of participation in the market for the production of electric power, as well as to establish the organization of the daily market for electric power, the market intraday, bilateral contracts with physical delivery and system adjustment services. "

Three. Article 2 is worded as follows:

" Article 2. Definition.

The electricity production market is integrated by the set of commercial transactions in the purchase and sale of energy and other services related to the supply of electrical energy.

The electricity production market is structured in term markets, daily market, intra-day market, unorganized markets and system adjustment services, understanding of the restriction resolution. system techniques, complementary services and diversion management. "

Four. The name of Article 3 is worded as follows:

" Article 3. Subjects acting on the production market. "

Five. Article 3 (1) is worded as follows:

" 1. They shall be considered to be subject to the production market by those who carry out activities for the supply of electrical energy where, in accordance with Article 9 of Law 54/1997 of 27 November 1997, the electricity sector has the consideration of producers, self-producers, external agents, distributors, marketers, consumers and, in accordance with the additional 18th of Law 54/1997, of 27 November, the representatives. "

Six. Article 4 is worded as follows:

" Article 4. Requirements for the subjects of the production market.

To be able to participate as a subject of the production market, the subjects referred to in Article 3 (1) shall comply with the following conditions according to their nature:

(a) To be the holder of facilities validly registered in the Administrative Registry of Electrical Power Production Facilities or to accredit the corresponding representation through power of attorney or to be registered in the Administrative Registry of Distributors, Traders and Consumers, as appropriate. Both Registers will include a special section on which external agents are to be registered, taking into account their nature, or accrediting the quality of the representative of any of the above subjects through the corresponding power notarial.

Registration in the Register will be requested by the holders of authorizations to the grantor of the same. In the event that the authorization has been granted by an Autonomous Community, the Autonomous Community shall transfer, within a maximum period of one month, the copy of the authorization and the application to the General Directorate of Energy Policy and Mines of the Ministry of Industry, Tourism and Trade, in order to ensure that registration is made in the appropriate Register. The registration shall be certified to the person concerned and to the Autonomous Community.

In the case of qualified consumers, their registration in the corresponding Register will be requested from the Autonomous Administration where their facilities are located, providing certification of the existence of the supply issued by the electricity distribution company, following the terms provided for in the preceding paragraph.

Representatives must prove their status by submitting the appropriate power of attorney where they must specify whether the representative is acting on behalf and on behalf of others or if he acts in his own name but for how much

(b) To provide the system operator with sufficient assurance to cover the economic obligations that may arise from its performance and to comply with the requirements laid down in the Operation Procedures relating to the collection and payment processing.

The persons required to intervene in the electricity production market shall not be eligible to participate in such a market without the provision of due guarantees. "

Seven. The first two paragraphs of Article 5 are worded as follows:

" The market operator assumes the management of the system of offers for the purchase and sale of electricity in the daily and intraday markets with the functions referred to in Article 27 of this Royal Decree.

In any case, the market operator will perform its functions in a coordinated manner with the system operator. It is for the system operator to be responsible for the continuity and security of the supply of electrical energy in execution of the functions referred to in Article 31 of this Royal Decree in relation to the procedures of system operation. "

Eight. The first paragraph of Article 6 is read as follows:

"The daily production market is the one in which transactions in the purchase and sale of electrical energy with physical delivery for the following day are established, by means of an appeal process."

Nine. A new Article 6a is added on agents of the daily production market, with the following wording:

" Article 6a. Agents of the daily production market.

The subjects referred to in Article 3 (1) participating in the daily production market are referred to as agents of the daily production market. '

Ten. Article 7 is worded as follows:

" Article 7. Requirements of the players in the daily production market.

1. The production market subjects referred to in Article 3 (1) in order to be able to participate as players in the daily production market shall comply with the following requirements:

(a) To have expressly adhered to the rules and conditions of operation and liquidation of the daily production market in the corresponding contract of accession, which will be unique, and will have to be approved by the Ministry of Industry, Tourism and Trade, prior to the report of the National Energy Commission.

(b) To provide the market operator with sufficient collateral to cover the economic obligations which may be derived from its performance as an agent in the daily production market, in the terms that are established in the contract of accession. The guarantees to be established must be differentiated according to both the markets, the daily and the intraday, in which the agents are involved, and the extent of their participation in them.

The failure to provide these guarantees will prevent the subject from intervening in the daily production market.

2. The following agents may submit bids for the sale or purchase of electricity in the daily market:

(a) The holders of production units whose installed capacity is more than 50 MW and those which are subject to the scheme provided for in the Royal Decree of 27 November 1997, of the electricity sector, to the entry into force of Law 54/1997 of 27 November 1997 Decree 1538/1987 of 11 December 1987 on the determination of the rates of the public service companies which will be obliged to make sales offers for each programming period, except in the case of a derogation provided for in Law 54/1997 of the electricity sector, and in particular Article 25 thereof.

(b) The holders of production units whose installed power is less than or equal to 50 MW and greater than 1 MW.

(c) Self-producers for the excess electricity they would have, in accordance with Article 25.3 of Law 54/1997, of the electricity sector.

d) The authorized external agents.

e) Distributors.

f) Marketers.

g) Qualified consumers.

3. Distributors ' income from the sales of electricity in the daily production market shall be considered as a liquidable income for the purposes of Article 4 of Royal Decree 2017/1997 of 26 December 1997, for which it is organised and regulates the procedure for the settlement of the costs of transport, distribution and marketing at tariff, of the permanent costs of the system and of the costs of diversification and security of supply.

4. The representatives referred to in Article 3 may submit tenders. In such cases, if the subject to whom he represents is an agent of the daily production market, it shall not be necessary for the representative to prove himself as such. "

Once. Article 8 is worded as follows:

" Article 8. Presentation of energy sales offers in the daily production market.

The agents of the daily production market may submit bids for the sale of electrical energy for each programming period, in the schedule that is established in the rules of operation of the market. These tenders shall be of a firm commitment after the time limit for admission has been exceeded.

Power sales offers must include at least the price and quantity offered, the identification of the agent of the daily production market that performs them and, when this is established in the operation of the market, the unit of sale to which it relates.

In the case where the unit of sale is a production unit, each thermal group, each pumping station and each hydraulic or wind management unit shall be understood in terms of the Ministry of Industry, Tourism and Trade.

addition, the Ministry of Industry, Tourism and Trade will be able to establish other conditions, both technical and economic, which may be incorporated by the agents of the daily production market into the supply of sale of electrical energy.

Electrical energy distributors shall submit specific energy sales offers for the energy part that they are obliged to purchase from the special scheme not covered by bilateral procurement systems. with physical delivery.

The income from these economic offers for the sale of electrical energy is considered as the liquidable income of each distributor in a liquidation period and will be calculated as a product of that energy sold by the weighted average price of energy sales for all distributors resulting in the same liquidation period.

The Ministry of Industry, Tourism and Trade will regulate the participation of distributors in bilateral procurement systems with physical delivery. "

Twelve. The name of Article 9 is read as follows:

" Article 9. Submission of energy acquisition bids in the daily production market. "

Thirteen. Article 9 (1) is worded as follows:

" 1. The operators of the daily production market may submit bids for the purchase of electrical energy for each programming period, in accordance with the timetable laid down in the rules of operation of the market. These tenders shall be of a firm commitment after the time limit for admission has been exceeded.

Power acquisition offers shall include the amount of energy demanded, the identification of the agent, the programming period referred to in the offer, and, where it is established in the rules of the operation of the market, the acquisition unit to which it relates.

These takeover bids may also include price of the energy demanded.

Electrical energy distributors will present economic energy acquisition bids for the energy share required for their customers ' supply at a non-covered rate through bilateral procurement systems. physical delivery.

The cost arising from such economic bids for the purchase of electricity is considered as the liquidable cost of each distributor in a liquidation period and will be calculated as a product of that energy acquired by the weighted average price of energy purchases for all distributors resulting in the same liquidation period.

The Ministry of Industry, Tourism and Trade will regulate the participation of distributors in bilateral procurement systems with physical delivery. "

Fourteen. Article 10 is worded as follows:

" Article 10. Appeal of tenders in the daily production market.

Once the offers of sale or purchase of electricity would have been accepted by the market operator and the deadline for its submission would have been closed, the appeal will be made for each period of programming, starting from the cheapest offer of sale by applying the appeal procedure laid down in the Rules on the Functioning of the Market.

The result of the appeal will determine the marginal price for each programming period, which will be the one corresponding to the supply of electricity sold by the last unit of sale allocated in the process of The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of Justice held that the Court of First Instance held a The result of the appeal shall also include the order of economic precedence of all the units of purchase or sale on which the offer was made, even if they were not brought into the appeal. '

Fifteen. Article 11 is worded as follows:

" Article 11. Communication of the result of the appeal of the daily production market.

1. On appeal, the market operator shall communicate the result of the appeal to the system operator and to the agents who have intervened in the relevant session as an offeror for electricity purchases or sales.

2. In the light of the appeal, the agents of the daily production market shall proceed to the nomination of the units of sale or purchase corresponding to the married offers. Such communication shall be made to the system operator in accordance with the provisions of the operating procedures.

For the purposes of the nominations to the system operator, in the case where the unit of sale is a production unit, each thermal group, each pumping station and each hydraulic or wind management unit shall be defined as such. the terms in which it is determined by a Ministerial Order, and no physical units of different technologies can be integrated into the same production unit 3. The information in the preceding paragraphs shall be used by the system operator for the production of the daily operating base programme.

3. The players in the daily production market may submit to the market operator, in the form and time limits laid down in the rules of operation of the market, any claims which they may make appropriate. '

Sixteen. A new Article 11a is added, with the following wording:

" Article 11a. Processing of the daily operating base program by the system operator.

The system operator shall establish and make available to the production market subjects the operational basis programme for the following day considering the information on the execution of bilateral contracts with physical delivery, which must be communicated to it by the holders of these bilateral contracts, and to the programme resulting from the appeal of the daily market, communicated by the operator of the daily market. '

seventeen. Article 12 is worded as follows:

" Article 12. Technical constraints.

1. The system operator shall determine the technical restrictions which may affect its performance from the daily operating base programme, as well as the need for additional services to be carried out.

For the purposes of this Royal Decree, technical restriction shall mean any circumstance or incident arising from the situation of the transport network or the system which, by affecting the conditions of safety, quality and the reliability of the supply established in regulation and through the corresponding operating procedures, requires, at the technical discretion of the system operator, the modification of the programmes.

2. The procedures for the resolution of technical restrictions may entail the withdrawal of tenders covered by the programmes, as well as the modification of the programmes on the basis of other tenders, in the terms laid down by the Ministry of Industry, Tourism and Trade.

3. The programme resulting from the resolution of the technical restrictions and the result of the market for supplementary services referred to in Article 14 shall be called a viable daily programme and shall be communicated by the system operator to the subjects acting on them within the time limit set out in the procedures for operation. '

Eighteen. Article 13 is worded as follows:

" Article 13. Complementary services.

1. Complementary services are understood to be those that are necessary to ensure the supply of electrical energy under the conditions of quality, reliability and safety.

Without prejudice to others that may be established, they will have the consideration of complementary services of regulation, tension control and the replenishment of the service.

Complementary services may be compulsory or potentiative, and may be established for the same additional service as compulsory minimum benefits and at the same time as potential benefits, in the form of that is developed in the appropriate system operation procedures.

2. Mandatory complementary services shall be considered to be those with which any installation is necessary to ensure the proper provision of the service.

Mandatory complementary services will be provided by the holders of the facilities required for their delivery. The procedures for the operation of the system concerned shall determine the conditions for the participation of facilities required for the provision of the additional services, including, where appropriate, the conditions of employment or appropriate compensation in the event of not having adequate equipment. "

nineteen. Article 14 (1), (2), (3) and (4) are hereby worded as

:

" 1. The markets for complementary services and diversion management shall include all those which, having a potential nature, present conditions for being provided under market conditions.

The holders of facilities eligible for the provision of supplementary services of a capacity and management of deviations may make offers to the operator of the system, stating the concepts, quantities and prices offered.

2. In the light of the tenders, the system operator shall allocate them, where necessary, and shall determine the applicable remuneration for the services actually provided, in accordance with the provisions of the corresponding system operation.

3. The remuneration of the additional services provided to those whose tenders have been allocated shall be made at the marginal price and on the basis of the service actually provided.

4. The mechanisms for charging and remuneration for supplementary and diversion management services shall be established by means of the procedures for operation. The cost of the complementary services will be charged only to the energy consumed within the Spanish electricity system. "

Twenty. Article 15 (2) is worded as follows:

" 2. They may submit bids for the sale or purchase of electrical energy on the intraday market all the agents who have participated in the relevant session of the daily production market.

By way of derogation from the preceding paragraph, production units which have communicated the unavailability to the system operator prior to the close of the daily production market and which have recovered their availability, may submit sales offers in the relevant session of the intraday market.

Similarly, all market players who have previously communicated to the system operator the existence of a contract may submit bids for sale or purchase of electric power on the intraday market. (a) bilateral sale or purchase of electricity for the hours covered by the relevant intraday market session in which they participate, and such energy would have been programmed by the system operator, without having to previously participated in the corresponding session of the daily market.

In any case, to participate in the intraday market, the subjects will have to be agents of the daily production market. "

Twenty-one. Article 16 is worded as follows:

" Article 16.

During each of the sessions, the market operator shall proceed to the appeal of the tenders submitted for each programming period, on the same terms as provided for in Article 10 for the daily market.

On the basis of the appeal of each session, the market operator shall communicate the outcome of the session to the system operator and the agents who have been involved in that session.

The intra-day market appeal shall in any event respect the operating order derived from the viable daily programme and the programme limitations established by the system operator for reasons of security. "

Twenty-two. Article 17 is worded as follows:

" Article 17. End time programming.

1. The final hourly schedule, which will be made available to the production market subjects by the system operator, is the result of the aggregation of all firm transactions formalised for each programming period as follows: the consequence of the daily viable programme and the appeal of the intra-day market after having been resolved, where appropriate, the technical restrictions identified and the subsequent rebalancing.

2. The generation and consumption deviations arising from the closure of the final hourly schedule shall be managed by the system operator by means of a diversion management procedure and the provision of the complementary services of secondary and tertiary regulation.

3. The price to be paid for the deviations will take into account the cost of the system adjustment services and the power guarantee. A surcharge shall also apply in the event of a delay in the communication of the measures to the system operator, from a time limit to be determined in the procedures for the operation of the system. This surcharge shall be considered as a liquidable income for the purposes of Article 4 of Royal Decree 2017/1997 of 26 December 1997, for which the procedure for the clearance of transport, distribution and distribution costs is organised and regulated. marketing at tariff rates, the permanent costs of the system and the costs of diversification and security of supply that correspond. "

Twenty-three. Article 19 is worded as follows:

" Article 19. Bilateral electrical energy contracts with physical delivery.

1. Producers, self-producers, external agents, distributors, marketers, qualified consumers or representatives of any of them, as subjects of the production market may conclude contracts. bilateral with physical delivery of electrical power supply. Subjects who formalise these contracts must:

(a) Be registered in the appropriate Administrative Registry, in accordance with its nature or credit its quality of representatives through the appropriate power of attorney.

b) Meet the technical requirements set out in the operating procedures.

c) To provide the system operator with the guarantees that come.

The Ministry of Industry, Tourism and Trade will regulate the participation of distributors in bilateral electricity contracts with physical delivery, as well as mechanisms that promote efficient commercial management. from these.

2. The production units which are affected to the fulfilment of these contracts will be exempted from the obligation to submit tenders in the daily production market for the part of their energy generated related to the performance of the contract. "

Twenty-four. Article 20 is worded as follows:

" Article 20. Characteristics of bilateral contracts with physical delivery.

1. The subject holder of a bilateral contract with physical delivery shall communicate to the system operator the production and acquisition units concerned with their compliance, as well as the maximum energy subject to the bilateral transaction.

The subject holder of a bilateral contract with physical delivery shall communicate on a daily basis the execution of that bilateral contract to the system operator, in the form and means to be established in the operating procedures.

2. The contracted quantities of electrical energy, as well as the nomination concerned, shall be communicated by the parties to the system operator, indicating in detail the time periods in which the contract is to be executed and the points of supply and consumption, in order to be taken into consideration for the determination of the daily program base of operation.

3. The holder of a sales unit which has concluded a bilateral contract with physical delivery shall provide the compulsory services of the system and may participate, after being authorised by the system operator, in the potestative markets of (a) additional services and management of deviations, and must, in any event, comply with the restrictions which it may lay down, without prejudice to any discrimination in respect of the remaining supplies.

4. Contracts for the acquisition or sale of electrical energy signed between subjects and companies based outside Spain authorized for the sale or purchase of electrical energy, provided that they involve an electric power flow through the international interconnections of the Iberian Peninsula, must be previously authorized by the General Directorate of Energy Policy and Mines and communicated to the system operator.

5. In the event that a marketer or, where applicable, a distributor, directly contracts with a producer under special arrangements, the dealer concerned must pay him directly the regulated premium corresponding to the type of installation. The National Energy Commission shall, on a monthly basis, liquidate the distributor such premium, incentive and add-ons.

This participation of the distributors in the bilateral procurement systems with physical delivery with producers in special regime will be regulated by the Ministry of Industry, Tourism and Trade, according to the established in Article 9 (1).

6. In the case of bilateral contracts concluded between marketing undertakings, the cost of the system adjustment services shall be charged to that marketer who is responsible to the system operator of his management. '

Twenty-five. Article 21 is worded as follows:

" Article 21. Qualified consumers.

1. Consumers will be exempt from registering in the Administrative Registry of Distributors, Traders and Qualified Consumers when they acquire the electrical energy for their own consumption through a distribution company or marketing. Other consumers to act as production market subjects should be registered in the Administrative Registry of Distributors, Dealers and Qualified Consumers as qualified consumers.

2. The distribution companies must keep a detailed list of the consumers who have already exercised their status as qualified persons and those who have not exercised them. The list will be sent annually to the Directorate General of Energy Policy and Mines with the data of voltage level of supply, identification of the corresponding tariff, contracted powers, monthly consumption of the two previous years and billing for that period. Such information may be transmitted by telematic system. '

Twenty-six. Article 22 is worded as follows:

" Article 22. Liability for settlement.

1. It is for the market operator to carry out the settlement and communication of the payment obligations and the charging rights to which the energy contracted on the daily and intraday electricity production market will take place.

2. The process by which the market operator determines the price and final amount to be paid by the buyers and the price and amount to be paid by the sellers in the market shall be understood as a settlement in the daily and intraday production market. the energy contracted in the daily and intraday electricity production market.

3. It is up to the system operator to carry out the settlement and communication of payment obligations and receivables to which the system adjustment services and the power guarantee are to take place. '

Twenty-seven. Article 23 is worded as follows:

" Article 23. Price of electrical energy in the daily and intraday market.

For the purposes of the liquidation of the daily and intraday market, the price of the electricity to be paid by the buyer and to be perceived by the seller shall incorporate the price obtained from the appeal of the offers and claims in the the daily market and the price obtained from the appeal on the intraday market. '

Twenty-eight. A new Article 23a is added with the following wording:

" Article 23a. Settlement to be performed by the system operator.

The System Operator will liquidate the amounts to be met or received by the production market subjects corresponding to:

(a) The charges and payments resulting from the management of the system adjustment services, including:

The resolution of technical constraints.

The complementary services.

The management of deviations.

b) Charges or payments for power guarantee ".

Twenty-nine. Article 24 (2) is worded as follows:

" 2. The system operator shall determine the charges and payments related to the concept of the power guarantee. '

Thirty. Article 25 is worded as follows:

" Article 25. Procedure and time-limits for the settlement of transactions in the electricity production market.

1. In the case of electric power stations considered in the programming horizon of the daily market, the operator of the market shall determine the payment entitlements and the payment obligations corresponding to each programming period, and communicate to the relevant market players daily and intraday production in accordance with the rules of operation of the market.

In the case of electrical energy supplies considered in the programming horizon of the daily market, the system operator shall determine the payment entitlements and the payment obligations for each period of programming, and shall communicate it to the subjects of the production market in accordance with the operating procedures.

Known the results of the settlement of the transactions made in the electricity production market the subjects may, within three days, present the claims they deem appropriate.

The market operator and the system operator shall have within three working days to resolve the claims submitted, which shall be completed by a provisional entry into account in a register which shall have for each subject of the market for the production of electrical energy.

2. The market operator and the system operator shall send a credit note or a comprehensive charge of the rights and obligations relating to the players in the daily production market and to the production market subjects respectively. have made transactions in accordance with the rules of operation of the market and with the operating procedures, respectively.

Those required for payment shall make it effective in the bank account designated by each operator in accordance with the time limits set out in those rules and procedures.

3. The market operator and the system operator may directly or indirectly liquidate the payment obligations and receivables defined in the preceding paragraphs, and may require the corresponding guarantees. If the settlement is carried out directly, they shall notify the account holder of the account in which the payments are made, the sellers to whom the charge corresponds and the amount to be paid to each of them. This function may be performed indirectly through third parties. "

Thirty-one. Article 26 is read as follows:

" Article 26. Defaults.

1. In the event of non-compliance with the payment obligations, the securities shall be executed.

2. In the case of delays in payments, the amounts due shall bear interest for late payment at a rate to be established both in the rules of operation of the daily market and in the procedures for the operation of the system. "

Thirty-two. Article 27 is worded as follows:

" Article 27. Market operator functions.

1. It is up to the market operator to carry out all those functions arising from the operation of the daily market and the intra-day market for the production of electrical energy, as well as those assigned to it by the present Royal Decree in settlement matter.

2. In particular, in addition to the functions specifically mentioned in Article 33 of Law 54/1997, of the electricity sector, it corresponds to the market operator:

(a) The definition, development and operation of the IT systems necessary to ensure the transparency of transactions on the daily and intraday production market.

(b) The submission for approval of amendments to the contract of accession referred to in Article 7 (1) (a).

(c) The requirement for agents in the daily production market to credit the fulfilment of the conditions referred to in Article 7 of this Royal Decree.

(d) to make available to the players in the daily production market information relating to married transactions and to the offers of non-married sale and acquisition in each of the sessions of the daily market; intraday.

e) Publish the average price indices on a daily basis of the Daily and Intradiary Market. It shall also publish by telematics the relevant information in the terms of Article 28 of Royal Decree-Law 6/2000 of 23 June of urgent measures to intensify competition in markets for goods and services.

(f) Ensure the confidentiality of confidential information which has been made available to it by the agents of the daily production market, in accordance with the applicable rules.

g) Adopt measures and agreements that are necessary for effective compliance with the limitations of direct or indirect participation in the company's social capital as set out in article 33.1 of Law 54/1997, of the electricity sector, including by means of the purchase and sale, for the interested party, of the decisive participation of the non-compliance with that legal provision.

(h) Communicate to the Ministry of Industry, Tourism and Trade and the National Energy Commission any behaviour of the agents of the daily production market which may result in an alteration of the proper functioning of the same.

i) Develop and publish the market operator code of conduct.

j) How many other functions are assigned to you by the Law of the Electrical Industry Act.

k) Communicate to the system operator all the ups, downs and modifications of agents and, where appropriate, supply units, in good time for the proper updating of the information systems.

3. The market operator and the National Energy Commission may propose to the Ministry of Industry, Tourism and Commerce for approval the rules of operation of the daily and intraday production market that they consider appropriate for the best implementation of the provisions of Law 54/1997, of the electricity sector, the present Royal Decree and other standards of development, who will decide upon the report of the National Energy Commission. "

Thirty-three. Article 28 is worded as follows:

" Article 28. Committee of agents of the daily production market.

1. The Committee of Agents of the Daily Production Market is set up as an organ which aims to monitor the operation of the day-to-day and intra-day market management of production and the proposal for measures that can be used in a better functioning of the daily and intraday production market

2. The following shall be the specific tasks of the Committee of Production Daily Market Agents:

(a) Track the functioning of the daily and intraday production market and the development of the appeals and settlement processes.

b) To know, through the market operator, the incidents that have taken place in the functioning of the daily and intraday market.

(c) Propose to the market operator the operating rules that may result in a better functioning of the daily and intraday production markets.

d) Advise the market operator in resolving the incidents that occur in the hiring sessions.

e) Obtain regular market operator information on those aspects that will enable the analysis of the level of competition in the daily and intraday electricity production market. "

Thirty-four. Article 29 is worded as follows:

" Article 29. Composition of the Committee of Agents of the Daily Production Market.

1. The Committee of Agents of the Daily Production Market shall be composed of the members who define the rules of operation of the market and shall give appropriate representation to all the players participating in the daily production market and to the system operator.

The President and the Secretary of this body shall be elected by the Committee of Agents of the Daily Market of Production among its members.

2. The position of member of the Committee of Agents of the daily production market shall not be remunerated.

3. The Committee of Agents of the Daily Production Market shall adopt its Rules of Procedure, which shall establish the periodicity of the sessions, the procedure for convening, the procedure for the adoption of agreements, and the periodicity for the renewal of its members. "

Thirty-five. Article 30 (1) shall be read as

:

" 1 It is up to the system operator to perform all those functions that are derived from the operation of the system adjustment services, from the deviations produced in the energy production market. electricity, as well as those assigned to it by the present Royal Decree on liquidation. "

Thirty-six. Paragraphs (e), (h), (i), (j) and (k) of Article 30 (2) shall be worded as follows:

" (e) Evaluate the maximum capacity of interconnection of the electrical system, determine the available capacity for commercial use and, where appropriate, manage the exchanges that occur through them.

(h) to collect and retain the operating information that it requires in the performance of its functions and which it requires the market operator and the regulatory bodies, under the conditions set out in this Royal Decree and the provisions that develop it.

(i) To provide the measures of energy exchanges to the various production market subjects, in accordance with the provisions of the Measure Points Regulation and any other applicable rules.

j) Provide production market subjects with information regarding potential problems that may arise in international interconnections.

k) Ensure the confidentiality of information of a confidential nature that has been made available to you by market participants, in accordance with applicable rules. "

Thirty-seven. Article 31 (1) shall be read as

:

" 1. The system operator and the National Energy Commission may propose for approval by the Ministry of Industry, Tourism and Trade the technical and instrumental operating procedures necessary to carry out the appropriate technical management of the system, who will decide on the report of the National Energy Commission. "

Thirty-eight. Paragraphs (j), (m) and (n) which are hereby worded as follows:

" j) Exchange of information between subjects.

m) The management and settlement of each of the system tuning services.

n) Criteria for network determination under system operator management. "

Thirty-nine. Points (o), (p) and (q) are added to Article 31 (2) with the following wording:

" o) Management and settlement of charges and payments for power guarantee.

p) Managing and clearing deviations from program.

q) Coordination with all operators and subjects. "

Forty. Paragraph (d) of Article 33 shall read as follows:

"d) Report on the technical characteristics of their installation and their maximum capacities, both for energy management and for the provision of adjustment services."

Forty-one. Article 34 is worded as follows:

" Article 34. Energy exchanges.

1. The subject of the production market referred to in Article 13 of Law 54/1997 of 27 November 1997 in the electricity sector may freely establish intra-Community and international energy trade in accordance with the conditions laid down in the are set out in this Royal Decree and its implementing provisions.

2. Any producer, self-producer, distributor, consumer or marketer who is based outside Spain, may request the Ministry of Industry, Tourism and Trade to authorize its participation as an external agent in the market of electricity.

3. Authorizations for intra-Community external agents shall be granted in terms of the Ministry of Industry, Tourism and Trade, who may refuse them only if the country of establishment of the external agent does not fulfil the condition of reciprocity, in accordance with Article 13.2 of Law 54/1997, of the electrical sector.

4. Once the authorization of the Ministry of Industry, Tourism and Trade is obtained, the external agent may participate in the market for the production of electrical energy provided that it is registered in the corresponding Administrative Registry and complies with the required regulations.

5. Intra-Community imports may be channelled through any of the forms of procurement that are authorised in the development of Law 54/1997, in the electricity sector.

6. The Ministry of Industry, Tourism and Trade shall determine the technical and economic aspects of the integration of intra-Community and international trade in the production market with non-discriminatory, objective and non-discriminatory criteria. transparent.

7. The system operator shall be responsible for coordinating with the operators of the interconnected external systems, the information concerning the implementation of international exchange programmes. In this task, it shall act in coordination with the market operator when the available capacity allocation mechanism so provides.

The system operator will also be responsible for the measurement of energy flows that are made through international interconnections.

8. Pursuant to Article 10.2.a) of Law 54/1997 of 27 November 1997 on the electricity sector, the Government may prohibit specific, even intra-Community export operations involving a certain risk for the supply of electricity. of electrical energy. "

Forty-two. Article 35 is worded as follows:

" Article 35. Remuneration scheme applicable to intra-Community and international trade.

1. The remuneration scheme applicable to charges and payments relating to energy exchanged with other electrical systems shall be developed by a Ministerial Order, in compliance with the principles of competition, transparency and non-compliance. discrimination to govern the market for the production of electrical energy.

2. Any national consumer, irrespective of the origin of the energy received, shall pay the costs for power guarantee, security costs, supply and permanent costs in the amount that has been established.

3. Exports to Community countries shall not pay for the costs of a power guarantee, the security and supply costs and the adjustment services, except those for deviations in which they may be incurred.

4. The costs of the system shall be paid by the persons carrying out the export of electrical energy to non-Community countries and the losses which are proportional to them.

5. Payments and charges relating to the power guarantee shall be made as specified in this Royal Decree and in the implementing rules to be given to this effect. "

Forty-three. The third additional provision is worded as follows:

" Additional provision third.

In order to enable the system operator to confirm compliance with the conditions which may exempt generators from the obligation to submit offers to the daily production market operator in accordance with the (a) the system operator shall be informed by the undertakings which own the production units in respect of the maintenance plans of those units which involve an electrical power, the system operator must be informed by the undertakings which own the production units; total or partial inability to generate energy, start and end maintenance and work the occurrence of breakdowns in the abovementioned units, as well as the expected duration of the repair work and the time limits for the recovery of the production capacity.

The production companies will send to the system operator monthly, and with an annual horizon, the maintenance plans of their generation units, which will be indicative and whose purpose will be to enable the of the necessary safety studies in the coverage of the demand.

With sufficient notice of the start date of the work, depending on the size and importance of the unit of generation for the operation of the system, the corresponding companies must communicate to the system operator the date of commencement of such work, which shall be of a commitment and which shall be confirmed by the system operator to the operator of the daily production market to be taken into account in the appeal process; daily market.

In addition, producers under special arrangements and holders of contracts which, by virtue of their characteristics, are excluded from the system of tenders, shall communicate to the system operator the conditions exempted from the obligation to the submission of sufficiently documented tenders, in order to enable it to be confirmed to the operator of the daily production market.

When of the documentation received, the system operator can infer a problem for the normal functioning of the production market or for the level of security of supply, will put it in knowledge, simultaneously with the confirmation, from the Ministry of Tourism and Trade, the National Energy Commission and the operator of the daily production market.

The Ministry of Industry Tourism and Trade may establish the modalities and conditions of prior communications and other circumstances regarding the confirmation to be made by the system operator. "

Article 2. Amendment of Royal Decree 1955/2000 of 1 December 2000 regulating the activities of the transport, distribution, marketing, supply and authorisation procedures of electrical energy installations.

Royal Decree 1955/2000 of 1 December 2000 regulating the activities of transport, distribution, marketing, supply and authorisation procedures of electrical energy installations is amended in the following terms:

One. The fourth subparagraph of Article 45 (1) shall be read as

:

" When the extension installation exceeds the above mentioned power limits, the applicant shall perform at its cost the necessary extension installation, in accordance with both the technical and safety conditions. regulations, as with those established by the distribution company and approved by the competent administration. In such cases, the extension facilities shall be transferred to the distribution company in the area, without the payment by the distributor of the extension fee provided for in Article 47 of this Royal Decree. "

Two. Article 45 (3) is worded as follows:

" 3. Where the supply is requested on land which is urbanisable in accordance with the provisions of Law 6/1998, its owner, or the applicant, shall, in accordance with the regulatory technical and safety conditions, carry out at its own cost, as with those established by the distribution company and approved by the competent authority, the necessary electrical infrastructure, including the external power grid and necessary reinforcements. In this case, once the urbanizable ground has reached the category of urban land with a solar condition, it will not be charged by the distributor of any quantity in terms of rights of extension, except that the power finally requested to exceed the expected in the urbanizer process and the distributor has to extend the electrical infrastructure executed.

The reinforcements referred to in the preceding paragraph shall be limited to the installation to which the new installation is connected. "

Three. Article 45 (6) is worded as follows:

" 6. For the purposes of the above paragraphs, all installations intended for more than one consumer shall be considered as a distribution network and must be transferred to the distribution company in the area, who shall be responsible for safety and quality. of the supply, and may require the owner of the installation to subscribe to a compensation agreement against third parties for a maximum term of five years, leaving the infrastructure open to the use of such third parties.

The distribution companies to whom facilities for more than one consumer have been transferred must inform the General Directorate of Energy Policy and Mines, on an annual basis and during the first quarter of each year. year, of the distribution facilities that have been the subject of disposal and of the conditions of the distribution.

Those agreements shall be brought to the attention of the competent authority, accompanied by the documentation of the request for administrative authorization for the transmission of the installation.

Where there are several distributors in the area to which the facilities may be transferred, the competent authority shall determine which of those distributors shall be transferred, prior to their execution, and following minimum cost criteria. "

Four. The penultimate paragraph of Article 47 (5) shall be read as follows:

" In the event that the power of the installed transformation center is higher than the requested power, in order to supply energy to other petitioners, the distribution company will pay to the property of the property in which the installation shall be carried out at the time of putting into service of the processing centre, the amount of EUR 7,3 per kW exceeding the requested power. The above shall be the same for any extension of the power installed in the said processing centre. "

Five. Article 49 (1) is worded as follows:

" 1. In the event of termination of the contract of supply, the rights of access, both extension and access, shall be maintained in force for the installation and/or supply for which they were paid over a period of three years for low voltage and five years for high voltage. "

Six. The last subparagraph of Article 49 (2) is read as follows:

"In the event of a decrease in power, the rights of the affected, both extension and access, shall remain in force for a period of three years for low voltage and five years for high voltage."

Seven. A new subparagraph (c) is added to Article 50 (1), with the following wording:

"(c) Actions in the measurement and control equipment: the connection and sealing of the equipment, as well as any action on them by the distributor resulting from consumer decisions."

Eight. A new paragraph 4 is added to Article 50, with the following wording:

" 4. The rights for action in the measuring and control equipment shall initially be the same as those set for the coupling rights. '

Nine. A new paragraph is added at the end of Article 60 (1), with the following wording:

" The right of access for distributors to the networks of other distributors will be limited to existing distributors and to cases where there is a need for an increase in the interconnection capacity in order to meet the growth of the demand for your area according to the minimum cost criterion for the system. "

Ten. Article 73 (3) and (4) shall be worded as

:

" 3. Undertakings which are intended to carry out the marketing activity in order to establish their technical capacity must meet the requirements of the buyers in the market for the production of electrical energy in accordance with the Technical Operation Procedures and, where applicable, the Rules of Operation and Settlement of the Production Market.

4. In order to prove the economic capacity, the companies wishing to carry out the marketing activity must have a minimum paid share capital of EUR 500,000 and must have submitted to the Market Operator and the Operator of the System the guarantees that will be required for the purchase of energy in the electricity production market, which will be established in the corresponding Rules of Operation and Settlement of the Market and Procedures of Technical Operation respectively. "

Once. Article 92 (2) is hereby worded as

:

" 2. The distribution company must check that the power actually demanded by the consumer does not exceed the contract. The power control shall be carried out by means of power control switches, maximeters or other automatic cutting devices. The control of the power may be incorporated into the necessary equipment for the clearance of energy. '

Twelve. Article 93 (2) is worded as follows:

" 2. Electrical energy measuring equipment may be installed on behalf of the consumer or be rented out to the distribution undertakings, provided that the same is available for approval of a model or if they belong to an approved type and have been verified according to your application regulations.

In the case of low-voltage consumers, distribution companies are required to make available measurement equipment and power control elements for their rental.

Current limiters or power control switches (ICPs) will be placed in the local or housing as close as possible to the individual bypass entry point.

If by any circumstance they should be installed in the centralization of counters, the power control switches shall be automatic reengagement or rehittable from the address of the contract.

In cases where the power control equipment is placed after the start of the supply, the supply shall preferably be installed with the type of automatic reengagement PCI. In case the customer chooses to rent the equipment to the distribution company, the rental price will include the costs associated with the installation; all without prejudice to the right of payment, by the distribution company, of the rights the coupling of such equipment for the verification and sealing of the power control equipment and the obligation of the consumer to have the appropriate facilities for the placement of the measuring and control equipment.

In cases where the power control equipment is placed after the start of the supply, the distributor shall inform the customer of the obligation to install it within the prescribed time limits. After two notifications without the consumer having expressed his will to proceed to install the PCI himself, the distributor must proceed to its installation, in addition to the existing rights of engagement, the regulated price for the rental of the power control equipment.

In cases where the distributor is unable to install the power control equipment, it may proceed to suspend the supply, in accordance with the procedure laid down in Article 85 of this Royal Decree concerning the suspension of the supply of the tariff for non-payment. '

Thirteen. A new paragraph 4 is added to Article 93, with the following wording:

" 4. Distributors shall require that low voltage supplies connected to their distribution networks correspond to standard powers. For these purposes, the Directorate General for Energy Policy and Mines will set the standard power table for all low voltage supplies within three months.

In those cases where the standardisation of the powers is necessary after the start of the supply, this standardisation will take place at the same time as the installation of the power control equipment.

If the consumer chooses to benefit from a higher standard power than the previously contracted power, the distribution companies must carry out the verification of the facilities, allowing them to charge, for this purpose, the verification rights in force. If the verification is verified that the installations do not comply with the regulatory technical and safety conditions, the distribution company must require the adaptation of the facilities and the presentation of the corresponding bulletin. of the installer. "

Fourteen. Article 96 (2) is worded as follows:

" 2. In case of incorrect operation, a complementary rebilling shall be carried out.

If lower than due amounts have been invoiced, the difference for payment purposes may be prorated on as many monthly invoices as months elapsed in the error, without exceeding the deferral or the period to be rectified for one year.

If quantities exceeding due have been invoiced, all amounts unduly invoiced at the first billing below must be returned, without any fractionation of the amounts to be returned. In this case, the legal interest of the money in force at the time of the rebilling will be applied to the advance amounts.

In the event that the error is of an administrative type, the charges or returns will have the same treatment as the one noted above.

Fifteen. A new additional provision is added, with the following wording:

" Additional Disposition 12th. Authorisation procedure for small generation facilities or generation facilities connected to distribution networks.

The competent authorities for the authorisation of production facilities shall ensure that the procedures for the authorisation of small generation facilities of less than 50 MW or of generation facilities connected to the distribution networks take into account their limited size and possible impact. "

Sixteen. A new Chapter III is added to Title VI, including in the same two new Articles 110a and 110b, with the following wording:

" CHAPTER III

Consumer protection measures

Article 110a. Information to the consumer on the origin of the electricity consumed and its impact on the environment.

Any company that supplies electricity to final customers must indicate on their invoices, or next to them, and in the promotional documentation made available to them the following:

(a) the contribution of each energy source to the overall mix of fuels during the previous year;

(b) the reference to the sources in which information on the impact on the environment is published, at least in terms of CO2 emissions and radioactive waste, derived from electricity produced by the global mix of fuels during the previous year.

To do this it will adequately weigh the global technological origin of the electricity supplied, differentiating it from bilateral physical contracts, imports and the acquired in organized markets of production of electrical power with physical delivery of energy.

In the event that the company supplying electricity obtains the same through organised production markets with physical energy delivery or imported from a company located outside the European Union, this company The supplier may use cumulative figures provided by the system operator in the course of the previous year. For this purpose, the system operator shall publish such cumulative figures during the first quarter of the following year to which the information relates.

Article 110b. Minimum requirements for contracts entered into with domestic customers.

Contracts for access to networks subscribed by distribution companies and supply contracts entered into by electricity supply companies, where such contracts are concluded with domestic customers. comply with the following minimum requirements:

(a) Contracts must clearly have the following data specified:

the identity and address of the distributor or supplier company;

the duration of the contract, the conditions for its renewal and the causes of termination and termination of the contract, as well as the procedure to perform one or more;

the dispute settlement procedure established by the supplier and the Bodies or Courts to which it is appropriate to settle;

the unified provisioning point code, access or access contract policy number, and contracted powers;

the information on applicable prices and tariffs and, where applicable, the official provision where the prices and tariffs are to be fixed. This information must be permanently updated through billing;

the minimum level of quality required by the terms set out in this Royal Decree and the corresponding billing implications in the event of non-compliances;

the deadlines for the initial connection set forth in this Royal Decree;

other services provided, including maintenance services that are proposed, in accordance with current regulations;

(b) The terms and conditions included in the contracts shall be in accordance with the rules in force in respect of contracts with consumers and shall be communicated prior to the conclusion or subscription thereof; perform directly or through third parties.

(c) In contracts entered into the free market, the following shall also be included, without prejudice to the general rules on

:

1. º Possible, penalties in case of early termination of the contract of duration determined by the will of the consumer.

2. º Differentiation between contract prices and terms and their term of validity and those of a promotional character.

(d) Consumers shall be duly advised of any intention to modify the terms of the contract and shall be informed of their right to terminate the contract without penalty when they receive the notice. "

seventeen. A text is added at the end of Article 124, with the following wording:

" For production facilities under ordinary conditions, the applicant before initiating the environmental impact assessment procedure must submit to the Directorate General for Energy Policy and Mines General Deposit Box for having submitted an endorsement for a sum of 2% of the installation budget. The presentation of this safeguard will be a prerequisite for the initiation of the environmental impact assessment procedures.

The endorsement will be canceled when the requester obtains the administrative authority for the installation. If, during the procedure, the applicant voluntarily desists from the administrative processing of the installation or does not respond to the information requirements of the Administration within three months, the execution of the endorsement.

Production facilities under ordinary conditions which, at the date of entry into force of this standard, do not have the mandatory environmental impact declaration, must submit the safeguard to the Directorate-General of Energy Policy and Mines within a maximum period of three months from the date of such entry into force. After that period without the applicant having submitted the safeguard, the procedure for cancellation of the application shall be initiated. '

Eighteen. A new Article 59 (a) is added with the following wording:

" Article 59 (bis). Guarantees for the processing of the request for access to the transport network for new production facilities under special arrangements.

For the new production facilities under special arrangements, the applicant, before making the request for access to the transport network must submit to the Directorate General of Energy Policy and Mines General Deposit Box for having submitted an endorsement for a sum of 2% of the installation budget. The presentation of this safeguard shall be a prerequisite for the initiation of the procedures for access and connection to the transport network by the system operator.

The endorsement will be canceled when the requester obtains the administrative authority for the installation. If throughout the procedure, the applicant voluntarily desists from the administrative processing of the installation or does not respond to the requirements of the Administration of information or action made within three months, proceed with the execution of the endorsement.

The production facilities under special arrangements which, at the date of entry into force of this standard, have not obtained the corresponding access and connection authorization, must present the aforementioned protection to the Directorate-General for Energy Policy and Mines within a maximum period of three months from the date of such entry into force. After that period without the applicant having submitted the safeguard, the procedure for cancellation of the application shall be initiated. '

Article 3. Amendment of Royal Decree 1164/2001 of 26 October establishing tariffs for access to the transmission and distribution networks of electrical energy.

Royal Decree 1164/2001 of 26 October 2001 establishing charges for access to the transmission and distribution networks for electrical energy is amended as follows:

One. The first subparagraph of Article 5 (1) shall be read as

:

" 1. Conditions for the reading and billing of the access fees. The reading and, where appropriate, the installation of the measuring equipment for the invoicing of the access rates, as well as the energy to be settled in the market, will be the responsibility of the distributors. The time limit for the sealing of measuring equipment shall be 15 days from the date on which, directly or indirectly, the consumer informs the distributor undertaking that the equipment has been installed or, where appropriate, that he/she chooses by renting it to the distribution company, and provided that access has previously been granted in accordance with paragraph 3 of this Article. In such cases, the distribution company must present the contract of access to the applicant for signature during that period. "

Two. A paragraph is added at the end of paragraph 1 of the first final provision, with the following wording:

" 1. The Ministry of Industry, Tourism and Trade is empowered to modify both the months that constitute the electrical seasons and the specific schedules to be applied in each tariff period and zones provided for in Article 8 of this Regulation. Royal Decree, taking into account the evolution of the demand curve. The Ministry of Industry, Tourism and Trade is also empowered to modify the term of the reactive energy billing provided for in Article 9 (3) of this Royal Decree as well as the complement for reactive energy. provided for in paragraph 7.2 of point 7 of Annex I to the Order of 12 January 1995 laying down the electricity tariffs. '

Three. Paragraphs 1 and 2 of Article 7 are worded as follows:

" 1. Tariff 2.0A: simple tariff for low voltage. -It will be applicable to any supply in low voltage, with contracted power not exceeding 15 kW.

At this rate only reactive energy billing is applicable if a reactive power consumption is measured during the billing period of more than 50 per 100 of the active energy consumed during the period, in the conditions set out in Article 9.3.

Supplies under this rate will be eligible for the Night Access Rate (2.0NA) mode. In this embodiment, differentiated prices are applied for the energy consumed in the daytime hours (punto-plain) of the consumed in the night hours (valley). The power invoiced shall be that corresponding to the daytime hours. The limit of the power in the night hours will be technically permissible in the installation and in addition, those who take part in this rate will have to communicate to the distribution company the maximum powers of demand in night and day hours.

2. Tariff 3.0A: general tariff for low voltage. -It will be applicable to any supply of low voltage with contracted power exceeding 15 kW.

At this rate, the reactive energy billing is applicable to the conditions set out in Article 9.3. "

Four. Article 9 (1) (a) 1 is worded as follows:

" 1. Tariff 2.0A: the control of the power demanded shall be carried out by the installation of the Power Control Switch (PCI) tarado to the amperage corresponding to the contracted power. In the 2-period mode, night rate, the control by PCI will be performed for the contracted power in the daytime (punto-plain) period.

Alternatively, in cases where, due to the characteristics of the supply, the supply cannot be interrupted, the consumer may choose that the determination of the power to serve as the basis for the billing will be carried out by maximum. In such cases the contracted power may not be less than the power which, if any, appears in the Installer Bulletin for equipment which cannot be interrupted. In all cases, the maximeters will have a 15-minute integration period. "

Five. Article 9 (1) (b) 1 is worded as follows:

" 1. Tariff 2.0A: the power to be invoiced at each tariff period shall be the power contracted, in the case where the power control is carried out with a power control switch, or according to the formula set out in point 1.2.b.2 of the Article, if such power control is performed by means of maximometer. For supplies covered by this tariff which opt for the night access tariff (2.0NA) mode, the power to be invoiced shall be that corresponding to the daytime hours. "

Six. The fifth paragraph of point 3 of Article 9 (3) is worded as follows:

" The distribution companies will have to present to the General Directorate of Energy Policy and Mines a relation of the investments made during the previous year disaggregated by type of elements and by types of zones carried out to meet the voltage control requirements. The remission of investments made during the preceding year shall be carried out annually during the first quarter of the following year to which the investments relate. '

Seven. The second subparagraph of Article 4 (2) shall be read as follows:

" In the event that the qualified consumer chooses to contract the access fee to the network through a marketer, the consumer will be exempted from the payment of the access fee provided he proves to be aware of the payment with the marketer. "

Article 4. Amendment of Royal Decree 1435/2002 of 27 December on the basis of the basic conditions of contracts for the acquisition of energy and access to low voltage networks.

Royal Decree 1435/2002 of 27 December on the basis of the basic conditions of contracts for the acquisition of energy and access to low voltage networks is amended as follows:

One. Article 3 (3) is worded as follows:

" 3. In the case where the consumer chooses to contract the energy and the access to the networks through a marketer acting as a substitute for the consumer, the marketer must have sufficient power granted by the consumer in favour of the marketer. In this case the position of the marketer in the access contract signed with the distributor shall be for all the purposes of the corresponding consumer.

In any event, the distributor shall maintain with the consumer all obligations relating to the access contract and in the event of termination of the contract between the marketer and the consumer, this shall be the holder of the guarantee, as well as any other rights associated with the installation, without being able, by the distributor, to be required by the distributor for the renewal of the contract. "

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

" 5. Marketers on their invoices to consumers will necessarily need to include the Unified Supply Point Code, the access contract policy number, the access rate to which the supply was received, the data required for the calculation of that access rate and the end date of the contract. "

Three. A new paragraph 5 is added to Article 4, with the following wording:

" 5. As a general rule, low-voltage power supply contracts concluded between traders and consumers shall have a maximum duration of one year and may be tacitly extended for periods of the same duration. The extensions of these contracts may be terminated by the consumer at a notice of 15 days in advance, without any charge for the penalty for termination of the contract.

In the event that, because of the consumer, a contract is terminated prior to the first extension, the maximum penalties for termination of the contract, when it causes damages to the supplier, may not exceed 5% of the the price of the contract for the estimated energy outstanding. For this purpose, the method of estimating the current measures for the change of supplier shall be used.

The Ministry of Industry, Tourism and Trade, with the prior report of the National Energy Commission, will be able to approve contracts for the supply of low-voltage power of more than one year, setting the conditions, and, where appropriate, maximum penalties to be laid down by the traders in the event of termination of the contracts. "

Four. A new paragraph 6 is added to Article 4, with the following wording:

" 6. In a process of change of supplier, consumers and marketers may request that a cancellation be made, as long as the change has not been activated or the field actions have been started if they are accurate. If, after such events, an application for the cancellation of the change is made, it shall be understood as a replacement, being on behalf of the marketer, both the cost of the replacement, and the cost of the energy and the access fee, until it is produces the activation to the situation prior to the change. This is without prejudice to the clauses in the contract between the marketer and the consumer. "

Five. Article 7 is worded as follows:

" 1. The distribution companies must have a database covering all the supply points connected to their networks and the transport networks in their area, which is permanently updated, in which they contain at least the following data:

a) Universal Supply Point Code.

b) Distributor company.

c) The location of the provisioning point.

d) The population of the provisioning point.

e) Supply point province.

f) High supply date.

g) The rate in effect of provisioning or access.

h) Supply Tension.

i) Maximum power authorized by authorized installer bulletin.

j) Maximum power authorized by the start-up authorization act.

k) Half-point type.

l) Power Control Switch Availability.

m) The type of consumption profile.

n) Recognized extension rights.

n) Recognized access law.

o) Property of the measurement team.

p) Power Control Switch Property.

q) Potencies contracted in each period.

r) Date of last hiring move for tariff effects.

s) Date of last marketer change.

t) Deadline for the recognized rights of extension.

u) Consumption of the last two calendar years (for periods of time discrimination and months).

v) Date of last read.

Distributor companies should be equipped with the necessary IT systems to allow data to be consulted in the supply point register and the reception and validation of applications and communications with the consumers and commercial electric energy traders.

2. Consumers will have the right of access to their data contained in this register free of charge. Likewise, the marketers will be able to access the data contained in the register free of charge. By way of derogation from the above, consumers may express in writing to distributors their willingness to make their data accessible to traders.

3. Distributors of more than 10,000 customers must have telematics access systems available to the databases referred to in this Article before three months after the entry into force of this Royal Decree. "

Six. A new Article 10 is added, with the following wording:

" Article 10. Prices of the performances.

The prices to be passed on by the distributors to the traders for the actions of cancellation of contracts, replacement of contracts and change of marketing that are referred to in this Royal Decree, are the listed in the table below:

1. Price of the actions related to the change of supplier:

Take Action Type:

Cancellations before new contract activation: 3 euros.

Replenishment 1. th invoice: 15 euros.

Replenishment after 1. th invoice: 30 euros.

2. These prices shall be updated by the Government on an annual basis or when the circumstances so advise. For this purpose, distributors must submit by November of each year the detailed revenue and expenditure by type of action, from 1 October of the preceding year to 30 September of the year in question, to the Directorate-General for General Energy Policy and Mines who will forward it to the National Energy Commission with a view to updating it. "

Seven. A fourth additional provision is added, with the following wording:

" Additional provision fourth. Contract mode change procedures in high voltage.

The Directorate General for Energy Policy and Mines, on a proposal from the National Energy Commission, will develop the procedures for the passage of contract to the contract of access fee, change of marketer, as well as any other procedure affecting the processes of management and administration of contracts for the acquisition of energy and access to high voltage networks relating to the relations between consumers, distributors and marketers. "

Eight. An additional fifth provision is added, with the following wording:

" Additional disposal fifth. Indicators of quality of consumer care.

Quality indicators of consumer attention shall be considered for the purposes set out in Article 103.2 of Royal Decree 1955/2000 of 1 December 2000 on the transport, distribution and distribution activities, the placing on the market, supply and authorisation procedures of electrical energy installations, in addition to those provided for in that Article:

a) Inform consumers and marketers of the data defined in Article 7 of Royal Decree 1435/2002 of 27 December.

b) Respond to requests for access by consumers and marketers within the deadlines set by Royal Decree 1435/2002 of 27 December.

c) Meet the deadlines referred to in Article 6 of Royal Decree 1435/2002 of 27 December. "

Article 5. Amendment of Royal Decree 2018/1997 of 26 December 1997 approving the regulation of points of measure for electrical energy consumption and transit.

Paragraph is modified. Article 9 (2) of Royal Decree 2018/1997 of 26 December 1997 approving the regulation of points of measure for electrical energy consumption and transit, which is hereby amended as follows:

" a. The person responsible for a measurement team shall be responsible for the installation of measurement and maintenance and operation, and shall also be responsible for ensuring that the equipment and installation of the measure complies with all established legal requirements. This is without prejudice to the possibility of contracting the different services from which it is responsible, and may even have rented equipment. The liability reaches all the costs inherent in such equipment and the installation of measurement, except for the frontier points of customers who acquire their energy on the market, to whom the provisions of Articles 3.7.1 and 3.7.1 apply. 26.a) of this Royal Decree in respect of the cost of reading and communications. The connection of the measuring equipment and the sealing of the box of terminals shall always be carried out by the distributor, which must rent such equipment to the customers with measuring points of type 3, 4 or 5, at the legally established price, if they so wish, and inform you that you can also rent it to third parties or acquire it on property. "

Article 6. Amendment of Royal Decree 436/2004 of 12 March establishing the methodology for the updating and systematization of the legal and economic regime of the activity of electrical energy production under special conditions.

Royal Decree 436/2004 of 12 March establishing the methodology for the updating and systematization of the legal and economic regime of the activity of electrical energy production under special conditions, modifies in the following terms:

One. A paragraph is added to Article 12 (1) (c), with the following wording:

"When the installation delivers its energy at low voltage, this certificate may be issued by the corresponding distributor."

Two. A paragraph is added to Article 15 (1), with the following wording:

" In any case, from that first day, the supplements, and costs for deviations provided for in the economic regime, shall apply. In addition, where the option for sale chosen is that of Article 22.1 (b), and on the first day of the month following the date of entry into force the condition of the subject of the production market has not yet been obtained, it shall apply from that first day, and until the market is accessed, the remuneration resulting from Article 22 (1) (a), with their allowances and costs for associated deviations. "

Three. The first subparagraph of Article 15 (2) shall be read as

:

" 2. Without prejudice to the provisions of the previous paragraph, the electrical energy which may have been discharged into the network as a result of a pre-test operation of the final start-up, and the discharge after the granting of the said power minutes, until the first day of the following month, shall be paid at 50% of the average electric or reference rate of each year, as defined in Article 2 of Royal Decree 1432/2002 of 27 December 2002, and published in the royal decree for which the sets the electricity rate. "

Four. Article 28 (2), (4) and (5) shall be worded as

:

" 2. The selling agent may be an agent of the market in which he or she will negotiate the energy of his/her represented, for which he/she will have to comply with the requirements and procedures laid down for this purpose.

If the subject to whom you represent an agent of the daily production market it will not be necessary for the seller to be credited as such.

4. The dominant operators in the electricity sector, as determined by the National Energy Commission, as well as the legal entities involved in any of them, will only be able to act as vendors representing the electricity installations. (a) production under special arrangements for which a direct or indirect holding of more than 50% is held. This limitation should also be applied to the energy procurement contracts signed between the traders of the dominant operator and their special scheme facilities. It is understood that one company is involved in another company when the criteria set out in Article 185 of the Companies Act are met.

5. Holders of production facilities under ordinary conditions not belonging to the dominant operators, as well as the legal persons engaged by one of them, or third companies exercising the representation of facilities of production, may act as selling agents on behalf of production facilities on a special basis, with the appropriate separation of self-employed and non-account activities, and up to a maximum limit of 5% of the joint quota of the group of companies in the supply of the production market. These characteristics and limitations should also be applied to the energy procurement contracts signed between the non-dominant traders and the special scheme facilities. It is understood that one company is involved in another company when the criteria set out in Article 185 of the Companies Act are met. "

Five. Paragraphs 6 and 7 are added to Article 28, with the following wording:

" 6. The National Energy Commission shall be responsible for initiating the relevant sanctioning procedures in the event of non-compliance with the provisions of the previous paragraphs.

7. The obligation for all installations of the special scheme with power exceeding 10 MW to be associated with a control centre, which shall act as the partner of the system operator, shall be established by transmitting the instructions to the various owners of such facilities or their representatives, in order to ensure at all times the reliability of the electrical system. '

Six. Article 41 (2) is read as

:

" 2. The co-generation with an installed power of more than 50 MW, including those which were under Royal Decree 2366/1994 of 9 December 1994, and those referred to in its second additional provision, are obliged to negotiate freely on the market its production or surplus.

For those of these co-generations that use natural gas as fuel, provided that the natural gas is at least 95 percent of the primary energy used, measured by the lower calorific value, and provided that they satisfy the requirements set out in Annex I, the Government, after consultation with the Autonomous Communities, may determine the right to the collection of a supplementary premium for a percentage of the average or reference electricity tariff each year as defined in Article 2 of Royal Decree 1432/2002 of 27 December 2002 and published in the royal the decree establishing the electricity tariff, as well as the maximum duration of the charge. "

Item seventh. Amendment of Royal Decree 2392/2004 of 30 December establishing the electricity tariff for 2005.

The additional provision of Royal Decree 2392/2004 of 30 December 2005 establishing the electricity tariff for 2005 is amended as follows:

" Any change of contracted power deriving solely from a voltage normalization process from 220V to 230V, in accordance with the Electrotechnical Regulation for Low Tension approved by Royal Decree 842/2002 of 2 August 2002, provided that it does not entail an amendment of the intensity, shall not give rise to any charge in respect of the access fee, update of the guarantee deposit or the submission of a new installer bulletin. In such cases, the terms of power of the network access charges and of the supply tariffs shall be multiplied by factor 0.956522. "

Article 8. Amendments to the Order of 12 January 1995 laying down the electricity tariffs.

The amendments to the Order of 12 January 1995 laying down the electricity tariffs in the terms set out in Annex I to this Royal Decree are hereby approved.

Article ninth. Approval of amendments to the Order of 17 December 1998.

The amendments to the Order of 17 December 1998, amending that of 29 December 1997, which develops some aspects of Royal Decree 2019/1997 of 26 December, which is organised and regulated by the European Parliament, are hereby approved. the market for the production of electrical energy, in the terms set out in Annex II to this Royal Decree.

Article 10. Installation of power control elements.

1. All supplies to consumers, irrespective of whether or not they exercise their status as qualified, must install power control elements which are installed before 1 January 2010.

Notwithstanding the above, for supplies covered by tariffs 1.0, 2.0 and 2.0N and access rates 2.0A and 2.0.NA which are intended to change their contracted power, it shall be a mandatory requirement prior to such modification the installation of the power control element corresponding to the new contracted power.

When supplies under the 1.0 tariffs. 2.0 and 2.0N do not modify your contracted power, compliance with this obligation will not prevent or delay your move to the energy acquisition mode in the liberalised market.

2. The distribution companies must submit to the Autonomous Administrations, before three months after the entry into force of this Royal Decree, plans for the installation of power control elements for approval in which they are set:

(a) The criteria for the installation of such elements, without there being any discrimination between consumers based on whether or not they choose to exercise their status as qualified.

(b) The number of teams to be installed annually which, at least, will be for each 20 percent of the total to be installed to be installed.

c) The procedure for the communication of distributors to consumers of the obligation they have to install the equipment and the options available to them.

Once these plans have been approved by the Autonomous Administrations, they must be submitted to the General Directorate for Energy Policy and Mines and the National Energy Commission. Compliance with these plans will be binding, and the distribution company will not be able to deviate from it when a customer decides to exercise his/her right as a qualified consumer.

3. Paragraphs 1 and 2 of this Article shall apply for the purposes referred to in Article 9 (2) of Royal Decree 1164/2001 of 26 October 2001 laying down rates of access to the transport and distribution networks of the European Community. electrical energy, in relation to the control and measurement of the power demanded for consumers covered by fares 2.0A or 2.0.NA.

Item 11th. Amendment of the Regulation governing the invoicing obligations, and amending the Value Added Tax Regulation approved by Royal Decree 1496/2003 of 28 November 2003.

The third additional provision of the Regulation governing the invoicing obligations is amended and the Value Added Tax Regulation, approved by Royal Decree 1496/2003 of 28 December 2003, is amended. November, which is worded as follows:

" Additional provision third.

The electricity deliveries associated with the electricity production market referred to in Articles 32, 33 and 34 of Law 54/1997 of 27 November of the Electricity Sector and Article 2 of the Royal Decree 2019/1997 of 26 December 1997, for which the electricity production market is organised and regulated, must be documented by the operator of the daily production market and by the system operator in accordance with the functions conferred on it. These are in Law 54/1997, by means of invoices issued by those operators in the name and on behalf of the energy supply entities or a third party enabled by such operators, in which all the data listed in Article 6.1 of this Regulation shall be recorded, with the exception of those relating to the identification of the consignee the operation, which shall be replaced by the identification of the operator of the daily production market or the system operator. Such operators shall retain the original of the invoice issued and forward the copy to the supplier.

Furthermore, both the daily production market operator and the system operator must issue an invoice for the aforementioned deliveries made to each acquirer, in which it consists of all the data indicated in the abovementioned Article 6.1, except those relating to the identification of the consignor, which shall be replaced by the identification of the operator of the daily production market or the operator of the system. Such operators shall keep copies of such invoices and forward the original to the recipient of such invoices.

The documents referred to in the preceding two subparagraphs to be retained by the daily production market operator or by the system operator shall be considered as an invoice for the purposes of the provisions of the this Regulation and shall be made available to the Tax Administration during the period of limitation for the carrying out of the checks which are necessary in respect of the deliveries of electrical energy reflected in the corresponding invoices.

The operator of the daily production market and the system operator shall relate in its annual statement of transactions to third parties, in accordance with the terms of Royal Decree 2027/1995 of 22 December 1995. operations carried out by the electricity suppliers and their acquirers, which have been documented in accordance with the preceding paragraphs, indicating in respect of each supplier and of each acquirer the total amount of the operations carried out during the period covered by the declaration, in which the shall record as purchases the energy deliveries charged to each supplier and as sales the energy purchases charged to each acquirer.

In any case, and in respect of the operations referred to in this additional provision, the daily production market operator and the system operator shall provide their collaboration with the tax administration. providing any data, report or antecedent with tax importance for the correct treatment of such operations.

The payment entitlements and the payment obligations for the invoiced period shall be considered to be linked to a single delivery of the electrical energy for the whole of that period.

Both the Daily Production Market Operator and the System Operator will be able to enable a third party to interpose as a central counterparty between the suppliers and the acquirers in such a way as to (a) it shall mean to all the effects that the deliveries of electricity are sold by the entities supplying the third party and that they are acquired by the acquiring entities. In this case, the data relating to the identification of the consignee of the operation and the consignor shall be replaced by those of that third party which is authorised as the central counterparty and the third party shall assume the obligations relating to the invoicing which it is Additional provision assigns the operator that has enabled you to act as a central counterparty. "

Additional disposition first. Modification of the remuneration of cogeneration plants using liquid petroleum derived fuel, which are covered by the first and second transitional provisions of Royal Decree 436/2004 of 12 March.

1. From the first day of the month following the entry into force of this royal decree, the premium set out in Annex VI to Royal Decree 436/2004 of March 12, establishing the methodology for updating and systematization of the the legal and economic arrangements for the production of electrical energy in special arrangements for installations of a power of less than or equal to 10 MW of cogeneration in the group a.1, which use fuel oil, their application shall be extended the same conditions as for this fuel, to the other liquid petroleum derivatives.

2. New values of the terms of power and energy for cogeneration installations under the economic regime of the group D, of the European Parliament, are established with effect from the first day of the month following the entry into force of this royal decree. Article 2 of Royal Decree 2366/1994 of 9 December 1994, when they are used as fuel for liquid petroleum, provided that they represent at least 95% of the primary energy used for each year.

These new terms are as follows:

type	Installed power (MVA)	Tp € kW and month	Te €/kWh
Group d, liquid derivatives of oil.	P ≤ 15	11.742486	0.053169
	15 < P ≤ 30	11,380613	0.050367
	30 < P ≤ 50	11.033508	0.049759

Additional provision second. Publication of prices and price indices of the markets

The National Energy Commission will calculate and publish the final prices and price indices of electricity with a schedule for which, the Market Operator and the System Operator will send you the (a) information on the markets and services that each one manages; it may also ask the companies to be responsible for the term markets in the area of the MIBEL, where energy is negotiated with physical delivery, the information resulting from the necessary for these purposes.

The National Energy Commission will publish by telematics the relevant information in the terms of Article 28 of the Royal Decree of 23 June, of urgent measures, of intensification of competition in the markets for goods and services, as amended by Article 20 of Royal Decree-Law 5/2005 of 11 March 2005, of urgent reforms to boost productivity and improve public procurement.

First transient disposition. Marketing Activity.

The marketing companies that have been authorized and registered in the Registry of the marketing companies of the Ministry of Industry, Tourism and Commerce will have a period of three months from the entry into force of the Article 1 to prove compliance with the requirements laid down in Article 2 (10) of this Royal Decree.

Second transient disposition. Adequacy of the supplies of fares 3.0, 4.0 or 3.0A and contracted power less than 15 kW.

Before a year has passed since the entry into force of this Royal Decree, those supplies which before 1 January 2003 were covered by the supply tariffs 3.0 or 4.0 with contracted power more than 15 kW shall be eligible for the 3.0A access fee, in which case the measurement and control equipment corresponding to type 4 measuring points shall be installed.

By the end of the transitional period provided for in the previous paragraph, the Resolution of 30 December 2002 of the Directorate-General for Energy Policy and Mines for which it is adopted will apply to these supplies. the transitional calculation procedure for the application of the current access rate from the measurement data provided by the type 4 measuring equipment.

Elapsed this period, all consumers covered by tariffs 3.0, 4.0 or 3.0A and contracted power no more than 15 kW must pass at rates 2.0 or 2.0N if they remain in tariff, or at access rates 2.0A or 2.0NA, at the consumer's choice.

Transitional provision third. Information to the consumer on the origin of the electricity consumed and its impact on the environment.

The electricity supply companies will have six months from the entry into force of this Royal Decree to adapt their invoices and the promotional documentation made available to the customers (a) the final decision of 1 December 2000, pursuant to Article 110a of Royal Decree 1955/2000, governing the transport, distribution, marketing, supply and authorisation procedures of energy installations electrical

Transitional disposition fourth. Additional power supply contracts.

Until 31 December 2005, consumers will be able to contract in the daily market the whole of their supply or that part of the supply that they do not have covered by their contract of supply at tariff, for which they must Contract the corresponding access fee in the terms set out in Article 6 (5) of Royal Decree 1164/2001 of 26 October 2001 establishing rates of access to the transport and distribution networks power on access contracts for additional power supplies.

Transient disposition fifth. Association to control centers.

Before a year has elapsed since the entry into force of this Royal Decree, the installations of the special scheme with power exceeding 10 MW as referred to in Article 28 (7) of Royal Decree 436/2004, 12 March, establishing the methodology for updating and systematization of the legal and economic regime of the activity of electrical energy production under special regime, must be associated with a control center. Within that period, the control centres shall act as partners of the system operator in the terms set out in that Article.

Transitional disposition sixth. Approval of rules of operation of the daily and intra-day market of production and operating procedures of the system.

Before three months after the entry into force of this Royal Decree, the market operator and the system operator will present to the Ministry of Industry, Tourism and Trade for approval a proposal of rules of operation of the daily and intraday market for production and operating procedures of the system, respectively, in order to adapt to the amendments to Royal Decree 2019/1997 of 26 December, which is organised and regulated by the Electricity production market, provided for in this Royal Decree.

Transitional disposition seventh. Deadlines for compliance with the technical requirements set out in the operating procedures.

All holders of production units participating in the daily market or affections to bilateral contracts with physical delivery shall have a maximum period of four months from the entry into force of the first article. of this Royal Decree to prove to the system operator compliance with the technical requirements established in the operating procedures. On the expiry of that period, the system operator shall inform the Ministry of Industry, Tourism and Trade and, where appropriate, the competent authority of the Autonomous Community, in order to instruct the competent authority of the cancellation of the registration in the corresponding administrative register.

Transient disposition octave. Time limits for adaptation to the provisions of Annex II.

Physical bilateral contracts entered into prior to the entry into force of this Royal Decree shall have a period of five months in order to comply with paragraph 2.One of Annex II.

Single repeal provision. Regulatory repeal.

1. Since the date of entry into force of the first article of this royal decree, Article 21a of Royal Decree 2019/1997 of 26 December 1997, which organizes and regulates the market for the production of electrical energy, is repealed.

2. Article 82 (4) of Royal Decree 1955/2000 of 1 December 2000 regulating the transport, distribution, placing on the market, supply and authorisation procedures of energy installations is repealed. power.

3. Since 1 January 2006, the provisions of Article 6 (5) of Royal Decree 1164/2001 of 26 October 2001 laying down rates of access to the transmission and distribution networks for electrical energy, on the other hand, are hereby repealed. access contracts for additional power supplies.

4. Any provisions of equal or lower rank shall be repealed as set out in this Royal Decree.

Final disposition first. Basic character.

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

Final disposition second. Regulatory development.

The Ministry of Industry, Tourism and Trade is empowered to develop this Royal Decree.

Final disposition third. Authorization to amend the Orders of 12 January 1995 and 17 December 1998.

The Ministry of Industry, Tourism and Trade is hereby authorized to amend by order those aspects of the Orders of 12 January 1995 and 17 December 1998 which are the subject of new regulation by the present decree.

Final disposition fourth. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State", subject to the provisions of Articles 1 and 11, which shall enter into force within five months of its publication.

Given in Madrid, on December 2, 2005.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade,

JOSE MONTILLA AGUILERA

ANNEX I

Amendments to the Order of January 12, 1995

Paragraphs 3.1.3 and 3.1.4 of Title I of Annex I to the Order of 12 January 1995 establishing the electricity tariffs are amended as follows:

" 3.1.3 Normal utilization rate 3.0.

It may be applied to any low voltage supply with contracted power exceeding 15 kW.

At this rate, they are applied by reactive energy and time discrimination, but not by seasonality or interruptibility.

3.1.4 Long-running rate 4.0.

It may be applied to any low voltage supply with contracted power exceeding 15 kW.

At this rate, they are applied by reactive energy and time discrimination, but not by seasonality or interruptibility. "

ANNEX II

Amendments to the Order of December 17, 1998

1. Amendment of the subjects entitled to recovery by guarantee of power.

One. Paragraph 1 of the first point of the Order of 17 December 1998 is amended as follows:

" 1. In accordance with the provisions of Article 24 of Royal Decree 2019/1997 of 26 December 1997, which organizes and regulates the market for the production of electrical energy, they shall be entitled to the recovery of the production units of the electrical energy which offers offers on the electricity markets with physical delivery as well as the electric power production units by the part of the power linked to the performance of a bilateral contract with physical delivery, provided that such production units demonstrate their availability in the terms of the paragraph 3 of this Article. "

Two. Paragraph 2 of the first point of the Order of 17 December 1998 is amended as follows:

" 2. They shall not be entitled to the recovery by guarantee of power of imports of electrical energy or of energy from production facilities under special arrangements which sell their energy at a regulated price in accordance with the terms laid down in point (a). Article 22 (1) of Royal Decree 436/2004 of 12 March. '

Three. A new paragraph 3 is added to the first point of the Order of 17 December 1998, which shall be worded as follows:

" 3. For the purpose of determining the availability of the electric power production units referred to in paragraph 1 of this point, those units shall, as of 1 January 2005, have to establish a minimum operation of 50 hours per year. at full load or equivalent if it does not operate at full load.

The National Energy Commission shall annually verify the availability of the electric power production units with the right to charge for the power guarantee, based on the parameters involved in their production. calculation.

For these purposes, the General Directorate of Energy Policy and Mines will approve an annual inspection plan to be carried out on electric power production units with the right to charge for power guarantee. During the first month of each year, the National Energy Commission will have to present the results of the inspections carried out in the previous year, as well as a proposal of the inspection plan for the following year to the General Directorate of Energy and Mines for approval.

Also, the system operator will be enabled to perform unannounced performances, such as requesting the start and coupling of electric power production units with the right to charge for warranty. the power to verify their effective contribution to the security of supply. "

2. Amendment of the subject to the payment of the power guarantee.

One. Paragraph 1 of the second point of the Order of 17 December 1998 is amended as follows:

" 1. All distributors, traders and consumers who are qualified for the energy they actually acquire through the various forms of procurement and intended for domestic consumption will be obliged to pay for the power guarantee. "

Two. Paragraph 2 of the second point of the Order of 17 December 1998 is amended as follows:

" 2. Producers shall not be obliged to pay the power for the power for the energy consumption of production and the consumption of pumping. '

3. Modification of the amount to be charged as a guarantee of power by the producers.

The definition of the term DTbc (m) of the third point of the Order of 17 December 1998 is amended, which will be worded as follows:

" DTbc (m) = The demand for the month m in central bars that includes the demand for energy in the production market of the final customers elevated to central bars according to the current regulations and excluding the self-consumption of production, pumping consumption and production corresponding to the special scheme which does not go to the production market. '