Directive 2003 /87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for the trade in greenhouse gas emission rights in the Community and amending Directive 2003 /87/EC of the European Parliament and of the Council Council Directive 96 /61/EC seeks to promote reductions in emissions of these gases in an efficient manner in relation to cost and economically.

Among other measures, the directive provides for the creation and maintenance by the Member States of a register to enable the exact account of the issue, ownership, transfer and cancellation of the rights of issue to serve as a basis, at the time, for the fulfilment of the obligations of the registry acquired by the parties to the Kyoto Protocol at the United Nations Framework Convention on Climate Change at the time of its entry into force.

Directive 2004 /101/EC of the European Parliament and of the Council of 27 October 2004 amending Directive 2003 /87/EC establishing a regime for the trade in the emission rights of gases The Community's greenhouse gas emissions trading system is linked to the Community scheme of emissions trading in project-based mechanisms and provides the possibility to use the EU's greenhouse gas emissions trading system. emission credits generated by the realization of these clean technology investment projects in third countries. The adoption of Directive 2004 /101/EC empowers Member States to allow holders to use, in the Community scheme, certified emission reductions (CERs) from the year 2005 and emission reduction units (ERUs) to be used for the purposes of from 2008.

Subsequently, the European Commission has approved Commission Regulation (EC) No 2216/2004 of 21 December 2004 on a standardised and guaranteed system of registers in accordance with Directive 2003 /87/EC of the European Parliament and of the Council [3]. European Parliament and the Council, and Decision 280 /2004/EC of the European Parliament and of the Council of 11 February 2004 on a mechanism for monitoring greenhouse gas emissions in the Community and for the implementation of the of the Kyoto Protocol. The Regulation responds to the need to establish a Community system of integrated registers, consisting of the registers established by the Community and the Member States in accordance with Article 6 of Decision 280 /2004/EC, which incorporate the records established in accordance with Article 19 of Directive 2003 /87/EC, as well as the independent Community transaction journal (CITL) established pursuant to Article 20 of that Directive, in order to ensure that they do not occur irregularities in the issue, transfer and cancellation of allowances and which the transactions are compatible with the obligations under the United Nations Framework Convention on Climate Change and the Kyoto Protocol.

The transposition of Directives 2003 /87/EC and 2004 /101/EC into the Spanish legal order has, for the most part, been carried out through Law 1/2005 of 9 March, which regulates the system of trade in the rights of the emission of greenhouse gases. Chapter VII of the aforementioned law, as amended by Royal Decree-Law 5/2005 of 11 March 2005, of urgent reforms to boost productivity and improve public procurement, provides for the regulation of the national register of emission. In particular, Article 25 (5) of Law 1/2005 of 9 March lays down that the rules for the organisation and operation of the register shall be carried out by means of a royal decree, in accordance with the provisions of Commission Regulation (EC) No 2216/2004 of 21 May 2005. of December 2004.

Therefore, it is necessary to develop the basic rules to govern the organisation and operation of the National Register of Emission Rights (Renade) in development as provided for in Law 1/2005 of 9 March, and in implementation of the provisions contained in Commission Regulation (EC) No 2216/2004 of 21 December 2004.

The National Register of Emission Rights is configured as an essential tool for the exercise of the powers of the General Administration of the State and the Autonomous Communities in the field of registration of rights. of the issue, as well as electronic support of the rights change operations.

By Agreement of the Council of Ministers of 19 November 2004, the Government entrusted the National Register of allowances to the Society for the Management of Registration, Compensation and Settlement Systems. Values, S. A.

This royal decree regulates in chapter I the object and purpose of the norm and configures the Renade as the instrument through which the advertising and permanent update of the ownership and control of the rights is ensured issue, which is part of the Community system of integrated records.

Chapter II regulates the organization, structure, and operation of the registry, and establishes the types of accounts that exist, the limitations in the accounts associated with authorizations, and the relationship that is established between the registry and account holders, as well as the principles and effects of registration on the register.

Finally, Chapter III sets out the provisions relating to the exchange of data with the central administrator of the independent Community transaction journal (CITL) and regulates the registration procedure.

In the elaboration of this royal decree, the sectors included in the scope of Law 1/2005, of March 9, the National Climate Council, the Advisory Council of the Environment and the Commission of the Environment have been consulted. coordination of climate change policies.

Because of the subject matter, which affects both the environment and the economic development and the competitiveness of the sectors affected, this royal decree is dictated by the exclusive powers of the State Article 149.1.13 of the Spanish Constitution, in the field of bases and coordination of the general planning of economic activity and basic legislation on the protection of the environment, without prejudice to the powers of the executive and to dictate development standards that establish additional levels of protection attributed to the Autonomous Communities in accordance with their Statutes of Autonomy.

In its virtue, on the proposal of the Minister of the Environment, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the 21st day of October 2005,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object and purpose.

This royal decree aims to establish the rules for the organization and operation of the National Register of Emission Rights (Renade) in development as provided for in Law 1/2005 of March 9, which regulates the (a) the system of trade in greenhouse gas emission allowances, and in application of the provisions of Commission Regulation (EC) No 2216/2004 of 21 December 2004 on a standardised and guaranteed system of greenhouse gas emissions records in accordance with Directive 2003 /87/EC of the European Parliament and of the Council and the Decision 280 /2004/EC of the European Parliament and of the Council.

Article 2. Configuration of the Renade.

1. The Renade is the instrument through which the advertising and permanent updating of the ownership and control of the emission rights is ensured.

2. The Renade is part of the Community system of integrated registers, as laid down in Commission Regulation (EC) No 2216/2004 of 21 December 2004. To this end, the Renade shall be connected, in the form and for the intended purpose, to the independent Community transaction journal (CITL), and to the independent transaction log of the United Nations Framework Convention on Climate change, when it is constituted.

3. The Renade is the subject of the registration of the issue, ownership, transmission, delivery, withdrawal, cancellation and other transfers of the allowances. The suspension of the capacity to transmit allowances in the cases provided for in the current rules shall also be entered.

4. The Renade shall also be entered in accordance with the applicable international and Community rules, the issue, ownership, transmission, delivery, withdrawal, cancellation and transfers of the other relevant units of quantity assigned or emission reductions in any of the modalities as defined in Article 2 of Commission Regulation (EC) No 2216/2004 of 21 December 2004.

CHAPTER II

Organization, structure and operation of the Renade

Article 3. Organization.

1. The Renade will be governed by Law 1/2005 of 9 March, by Commission Regulation (EC) No 2216/2004 of 21 December 2004 and by this royal decree.

2. The Renade is attached to the Spanish Office of Climate Change of the Ministry of Environment, which will perform the following functions:

a) The address of the log activity.

b) Coordination with the competent bodies for the implementation of Law 1/2005 of 9 March.

c) Approval of the following resolutions:

1. Opening and closing accounts.

2. The attention of requests for information and statements made by judicial or administrative authorities.

3. Issue of emission rights.

4. The suspension of the ability to transmit.

5. º In general, how many legal acts or resolutions should support the specific activity of the registry.

The registration of the transmission operations shall take place in accordance with the provisions of Commission Regulation (EC) No 2216/2004 of 21 December 2004 under the supervision of the central administrator appointed by the Commission. European Commission and, where appropriate, the international registration of the United Nations Framework Convention on Climate Change.

3. It is for the Ministry of the Environment, directly or through the entity entrusted, where appropriate, to administer the Renade:

(a) The management and maintenance of the registration, in accordance with the provisions of Law 1/2005 of 9 March, Commission Regulation (EC) No 2216/2004 of 21 December 2004, this royal decree and other provisions of application.

b) Provide the public with access to the information contained in the register, in the terms set out in the applicable regulations.

(c) Provide the competent bodies with the necessary assistance for the performance of the tasks assigned to them by the registry.

d) Any other function that entrusts you with the current regulations.

4. The decisions of the Spanish Office of Climate Change shall be made in accordance with the provisions of Section 2 of Chapter II of Title VII of Law No 30/1992 of 26 November 1992 on the Legal Regime of Administrations Public and the Common Administrative Procedure.

Article 4. Structure.

1. The Renade shall consist of separate accounts where the allowances shall be entered, the operations of issue, transfer, delivery, withdrawal and cancellation.

2. In the terms and deadlines laid down in Commission Regulation (EC) No 2216/2004 of 21 December 2004, the Renade shall at least have the following accounts and tables:

(a) A holding account, of which the General Administration of the State shall be the holder. It shall include all the allowances listed in each national allocation plan, in accordance with the provisions of Article 20.2 of Law 1/2005 of 9 March.

b) A withdrawal and other cancellation account, of which the General Administration of the State shall be the holder, for the periods of validity of each national allocation plan.

(c) A holding account for each facility that has a greenhouse gas emission permit, in the name of its holder.

(d) A holding account for each pool of facilities that has a pool authorization, in the name of the authorized trustee.

(e) A holding account for each natural or legal person with an address in the territory of the European Union who so requests.

f) A verified emissions table.

g) A rights delivery table.

(h) A table on the status of compliance with the annual greenhouse gas emission allowance obligation, in accordance with the terms laid down in Article 55 of Commission Regulation (EC) No 2216/2004, December 21, 2004.

Article 5. Account holders.

1. The following accounts must necessarily be created and maintained:

(a) One for each greenhouse gas emission permit in force in accordance with the provisions of Law 1/2005 of 9 March, in the name of its holder.

b) One for each authorized facility pool on behalf of its trustee administrator as long as such authorization remains valid.

(c) A holding account, a withdrawal account and a cancellation account in the name of the General Administration of the State.

2. Natural or legal persons other than those listed in paragraph 1, who are a party to a transmission of rights and do not have an account in another national register of rights of issue of a State, shall also be holders of account. Member of the European Union or in the register of a third country with a commitment to reduce or limit emissions that is part of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, provided that it is recognition in an international instrument.

3. Likewise, any natural or legal person, in accordance with the provisions of Law 1/2005, of March 9, may be the holder of one or more accounts in the Renade.

4. In no case can the Renade open more than 99 holding accounts in the name of the same person. This limitation shall not apply to the accounts associated with existing emission allowance entitlements.

5. The Renade shall immediately notify the account holders of its opening, updating or closing, as well as any other circumstances which may affect the accounts or the transmissibility of the rights.

Article 6. Account opening.

1. Holders of greenhouse gas emission authorizations, as well as fiduciary managers of authorized facility pools and any other person who, in accordance with the provisions of Law 1/2005, of 9 In March, you wish to be the holder of an account in Renade. You will have to submit to the register the requests for the opening of duly completed and signed accounts.

2. The opening of account shall require the accreditation of the identification of the applicant, as well as of his authorised representatives to act on his behalf, the power granted in favour of the latter and the prior signing of a contract, according to the model set out in the Annex, in which the obligations and rights of the parties shall be determined, in accordance with what is determined at each time by the applicable legislation.

3. Within 10 days of the date of receipt of the application and of the contract referred to in paragraphs 1 and 2, the Renade shall open the account in the name of the holder.

4. The opening of the accounts referred to in Article 5 (1) (a) and (b) shall require the prior communication by the competent administrative body of the information relating to the granting of authorisations provided for in Article 15, as well as the concordance. of that information with the data entered by the holder in his/her application for account opening.

Article 7. Obligations of the account holder.

1. The account holder or, where applicable, the competent body shall notify the Renade of any variation affecting the account information contained in the register within 10 days of the date of its occurrence. The Renade shall update that information within the maximum period of 10 days following that in which it received such notification.

2. Account holders shall designate authorised representatives in relation to each account and shall be bound by the strict compliance with the rules of organisation and operation contained in this royal decree and in Regulation (EC) No 3154/2009. 2216/2004 of the Commission of 21 December 2004.

Article 8. Closure of accounts.

1. The closure of the account of the operator shall be carried out by the Renade, taking into account the instructions received by the competent administrative authority in the case of the extinction of the authorisation for the emission of effect gases. greenhouse or, in the case of accounts in the name of a trustee, by the extinction of the authorization of the grouping of facilities. In the event of the registration of allowances registered in the affected account, the Renade shall require the holder to provide the data of another account to which the rights are transferred, immediately and with the right. If the Renade has not received such information within 60 days, it shall close the account, subject to the transfer of the rights to the holding account of the General Administration of the State.

2. Account holders may, at any time, request the closure of their respective accounts, except those listed in Article 5.1. The Renade shall close the accounts within 10 days of receipt of the application.

3. The closure of the accounts listed in Article 5.1 shall be possible only by extinction of the greenhouse gas emission permit or by the extinction of the facility pool authorisation.

4. In the event that an account, other than those listed in Article 5.1, presents zero balance without having entered into transactions for a period of 12 months, the Renade shall notify the holder of the account and inform it that it shall proceed. to close within 60 days. If an application for maintenance is not received in that period, the Renade shall close the account.

Article 9. Rogation of the holder.

Transfers in the accounts of the Renade shall be made exclusively at the request of the account holder in which the rights to which they affect are recorded, by means of the corresponding application, except in the cases provided for in Article 14.2. Transfers shall not require the consent of the account holder, without prejudice to the exercise by him of the powers that correspond to the management and administration of his account, in accordance with the rules applicable.

Article 10. Priority.

The Renade will practice corresponding enrollments according to the chronological order of the requests that are received.

Transfer requests that first access the Renade will be preferred over those that you access later. Once any transfer has been entered into the accounts, no other transfer of the same allowances shall be possible which is incompatible with the previous one.

Article 11. Hereinafter referred to as

For the registration of the transmission or any other circumstance affecting the rights of issue, your prior registration in the account of the holding opened by the transmittal shall be required.

Article 12. Information and confidentiality.

1. The Renade will be accessible to the public and users through its website. It shall be accessible to the public, in a transparent and organised manner, to the accounts, its holders, the state of compliance, assets and transactions and the maximum percentage of the use of units from the development mechanisms. clean and joint implementation, in the terms and conditions laid down in Annex XVI to Commission Regulation (EC) No 2216/2004 of 21 December 2004.

2. Except as provided in the previous paragraph, the information contained in the Renade is considered to be confidential information for all purposes, including the assets of all accounts and all transfers made.

3. Information deemed confidential may not be used without the prior consent of the holder of the relevant account, except where its use is in the exercise of the supervisory functions of the judicial or administrative authority. competent to request it or is necessary for the proper management and maintenance of the registration, in accordance with the provisions of those rules.

4. The Renade shall comply with all the decisions taken by the judicial authorities which are notified to it, and in particular those relating to enforcement or precautionary measures falling on the rights of issue entered in the register.

5. The Renade shall also be responsible for requests for information and for such requests from the competent administrative authorities.

6. The Renade shall retain the data relating to all processes and account holders for 15 years or until the related issues that may affect them have been resolved, if this is later.

Article 13. Character of the inscription.

1. The transmission of the allowances shall take place at the time of their registration in the Renade, after the completion of the validation processes by the central administrator referred to in Article 14.

2. The content of the Renade is presumed to be accurate and valid and will produce the appropriate effects as long as the judicial declaration of its inaccuracy or nullity is not entered. The registration does not validate the acts or contracts that are null according to the laws.

3. The third party to whom he is registered shall not be subject to any claim, for consideration and without bad faith or serious fault.

CHAPTER III

Log procedure

Article 14. Data exchange with the central administrator of the independent community transaction journal (DITC).

1. Until the establishment of the independent transaction log of the United Nations Framework Convention on Climate Change and the establishment of the link provided for in Article 7 of Commission Regulation (EC) No 2216/2004 of 21 December 2004, all processes relating to allowances, verified emissions and accounts shall be completed by the exchange of data through the independent Community transaction journal (CITL).

2. Prior to and during the course of any proceedings, the Renade shall ensure that the appropriate automatic checks are carried out to detect, as far as possible, any discrepancies which may exist, in order to terminate the proceedings. processes before the independent transaction log or independent transaction log of the United Nations Framework Commission on Climate Change performs its automatic verifications.

3. All processes relating to the accounts and verified emissions shall be terminated when the CITL has notified the Renade that it has not detected any discrepancy in the proposal sent by it.

4. All transfer processes between accounts will be terminated when the CITL has notified the Renade that it has not detected any discrepancies in the proposal sent by it and the Renade has sent the DITC confirmation that it has updated its data in accordance with that proposal.

5. All transfer processes in which the home or destination account is open in an issue record other than that provided for in this royal decree shall be terminated when the CITL has notified the Renade that it has not detected any discrepancy in the proposal submitted by the initiating registry, and the receiving register has sent the DITC confirmation that it has updated its data in accordance with that proposal.

Article 15. Communications to the register by the competent authorities.

The competent bodies of the Autonomous Communities or, where appropriate, the Ministry of the Environment shall communicate to the Renade the resolutions granting, modifying and extinguishing the authorizations for the emission of gases greenhouse and pool of facilities within 10 days from the date on which they were issued. To this end, they shall have access to the register through which they shall provide the information provided for in Commission Regulation (EC) No 2216/2004 of 21 December 2004.

Article 16. First registration of the allowances.

1. The rights of issue may have their origin in any of the causes referred to in article 20.6 of Law 1/2005, of March 9.

2. In accordance with the processes laid down in Commission Regulation (EC) No 2216/2004 of 21 December 2004, the allowances set out in the national allocation plan provided for each period or resulting from the conversion of assigned quantity units shall be issued and registered in the holding account of the General Administration of the State before 28 February of the initial year of validity of each plan. The Renade will assign a unique unit identification code to each issue right.

3. The rights that correspond to each installation holder shall be transferred from the holding account of the General Administration of the State to the corresponding account in accordance with the temporary distribution established in the allocation resolution. referred to in Article 19.5 of Law 1/2005 of 9 March. To this end, the authorised representative of the holding account of the General Administration of the State shall communicate to the Renade the data necessary to enable the corresponding transfers to be made.

4. The rights assigned to new entrants and to installations whose extension or entry into operation has been provided for in the national initial allocation plan shall also be transferred from the holding account of the General Administration of the Status to that of the installation holder, in accordance with the instructions received from the authorized representative of the holding account of the General Administration of the State.

5. If, once the allowances have been entered into the holding account of the General Administration of the State, corrections shall be made to the national allocation plan, resulting in a reduction of the total amount of allowances issued, Renade must, as appropriate:

(a) Proceed to the transfer of the number of allowances specified by the competent authority from the accounts of the affected assets to the cancellation account of the General Administration of the State.

(b) Proceed to the conversion of the allowances specified by the competent authority of the General Administration of the State in units of assigned quantity.

Article 17. Enrollment of the transmissions.

1. The recording of the transmissions between the accounts shall be carried out in accordance with the instructions received from the relevant account holders. To that end, the transfer requests shall be in accordance with the requirements laid down in Commission Regulation (EC) No 2216/2004 of 21 December 2004.

2. However, in the case of transmission of allowances in which the account of origin or destination is open in a register of rights other than that provided for in this royal decree, the registration of the transmission must be the consent of the receiving register of the rights and the conformity of the administrator of the Community independent transaction log, as provided for in Commission Regulation (EC) No 2216/2004 of 21 December 2004.

Article 18. Enrollment of the transfers and reflection in the tables.

1. Transfers resulting from the fulfilment of the delivery obligation provided for in Article 4.2.f) of Law 1/2005 of 9 March shall be duly reflected by the Renade in the tables entitled to that effect. The delivery of the rights corresponding to the verified emissions shall be made by virtue of the application of the account holder. Such request for delivery will involve the application for annotation of this fact in the delivery table. In accordance with the provisions of Commission Regulation (EC) No 2216/2004 of 21 December 2004, the Renade shall communicate to the competent bodies the table of the state of compliance drawn up and all amendments thereto.

2. The competent regional body, in accordance with Article 23.1 of Law 1/2005 of 9 March, shall enter the emissions data for the preceding year in the table of verified emissions by 31 March of each year.

3. On 30 June of each year, the Renade shall cancel the allowances which have been the subject of delivery and are recorded in the holding account of the General Administration of the State, by transferring those rights to the account of the removal. However, as of 30 June 2009, the cancellation of the duties shall be carried out on the instruction of the competent authority of the General Administration of the State, in accordance with the withdrawal process by converting those rights into units of quantity allocated in accordance with the terms laid down in Commission Regulation (EC) No 2216/2004 of 21 December 2004.

4. On 1 May 2008, 2013 and the first year of each subsequent five-year period, the Renade, after instruction by the competent authority of the General Administration of the State, shall make the cancellation of the allowances created by the national plan for the allocation of the period immediately preceding, in accordance with the processes laid down in Commission Regulation (EC) No 2216/2004 of 21 December 2004.

5. In any event, the Renade will proceed, at any time and at the request of the account holder, to the cancellation of the allowances indicated by the account holder, by transferring them to the corresponding cancellation account.

6. The allowances recorded in the cancellation account may not be transferred to any other account of the register regulated by this royal decree or to the accounts of other records.

Article 19. Suspension of the ability to transmit.

1. At the request of the competent authority, the Renade shall register the suspension of the capacity to transmit rights of the account holder in the following cases:

(a) Where the data for the installation has not been recorded in the verified emissions table within the time limit set for this purpose.

b) When irregularities have been detected by the central administrator of the CITL.

2. The registration of this suspension shall not prevent the delivery of rights, cancellation or replacement.

Additional disposition first. Issuing of rights for cases of force majeure.

1. The allowances allocated for cases of force majeure, in accordance with the provisions of the transitional provision sixth of Law 1/2005 of 9 March, are not transmissible, but will be the subject of registration, delivery and cancellation in the record.

2. When ordered by the competent authority, the allowances for force majeure shall be issued by the Renade to the holding account of the General Administration of the State, assigning them an identification code of the exclusive unit. to every right. The Renade shall record the number of these rights in the sections of the delivery table for allowances reserved for the premises and for years that have received the authorisation.

Additional provision second. Transmission of emission reduction units (ERUs) or certified emission reduction (RCE) units and their use to comply with the obligation to deliver rights.

1. The transmission of credits from the joint implementation or clean development mechanisms that meet all the requirements laid down by the United Nations (emission reduction unit, ERUs, or a certified emission reduction, RCE, respectively) and have been validly recognized for the purposes of complying with the obligation of delivery provided for in article 4.2.f) of Law 1/2005, of 9 March, will be the subject of registration, transfer, delivery and cancellation in the registration, in the terms provided for the rights of issue in this royal decree and in the regulation (EC) No 2216/2004 of 21 December 2004 of 21 December 2004. The cancellation of RCE will be done by transfer from the account of the General Administration of the State to the account of cancellation.

2. The use of these credits by the owners of facilities to fulfill their obligations for the delivery of rights will be carried out in accordance with what is foreseen in this royal decree for the delivery of rights, and with respect to the maximum percentage of the allocation for each installation. The Renade will not accept delivery requests that exceed those percentages.

Single transient arrangement. Contracts signed prior to the entry into force of the royal decree.

The contracts referred to in Article 6, signed before the date of entry into force of this royal decree, shall, where appropriate, be adapted to the model set out in the Annex within two months of that entry into force.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.13. and the 23rd of the Constitution, which attributes to the State the competence on bases and coordination of the general planning of economic activity and basic legislation on environmental protection.

Final disposition second. Enabling regulatory development.

1. The Minister for the Environment is empowered to issue, in the field of his powers, how many provisions are necessary for the development of this royal decree and, in particular, the additional rules required for the organization and operation of the log.

2. The Minister for the Environment is also authorised to amend the Annex by ministerial order.

Final disposition third. Entry into force.

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

Given in Madrid, on October 21, 2005.

JOHN CARLOS R.

The Minister of the Environment,

CRISTINA NARBONA RUIZ

ANNEX

Opening and account maintenance agreement in the National Register of Emission Rights (Renade) managed by (...)

On one side,

Name or social reason ....................................................................................................

NIF/CIF ...........................................................................................................................

Home .........................................................................................................................

Location ........................................................................................................................

Country ................................................................................................................................

Phone ..........................................................................................................................

Fax .................................................................................................................................

E-mail .............................................................................................................................

Legal Representative Name and Last Name

(Date and place of birth if the applicant is a physical person).

If the applicant is an installation holder subject to the scope of Law 1/2005, of March 9:

Enter the installation code .....................................................................................

hereafter, the "requester" or "holder".

And on the other hand, the organ or entity in charge of the Renade and jointly, the "parts".

EXPOSE:

I. That the Law 1/2005 of 9 March on the regime of trade in greenhouse gas emission allowances, in accordance with the provisions of Commission Regulation (EC) No 2216/2004 of 21 December 2004, has created the National register of allowances ("Renade") and has declared it attached to the Ministry of the Environment.

II. That the Council of Ministers, at its meeting of the day ..., agreed to entrust to (...) the drive of Renade.

III. That, in accordance with the provisions of Article 25 of Law 1/2005 of 9 March, governing the regime of trade in greenhouse gas emission allowances, the applicant is entitled to open and maintain an account in Renade in which the allowances and other Kyoto units of which it is a holder shall be recorded.

IV. That it is the applicant's intention to acquire the status of account holder in Renade managed by (...) in accordance with the rules applicable to Renade, subject to the following

CLAUSES

1. Subject of the contract and scheme to which it is submitted

1.1 The purpose of this contract is to open and maintain an account at Renade, in which allowances and other Kyoto units will be recorded. The parties are obliged to comply with the rules applicable to Renade, as well as to the obligations laid down in this contract.

1.2 Constitutions the set of rules applicable to Renade the following:

(a) Commission Regulation (EC) No 2216/2004 of 21 December 2004.

b) Law 1/2005 of 9 March, as amended by Royal Decree-Law 5/2005 of 11 March 2005.

(c) Royal Decree ....../2005 of 21 October, governing the organisation and operation of the national register of allowances.

And any other general rule that is approved in the future for modification, replacement or development, including those referred to the economic regime applicable to Renade.

1.3 The account holder consents to the modifications to this contract that are introduced by (...) in order to incorporate a change in the applicable regulations, in particular regarding the eventual collection of in accordance with the provisions of Article 74 of Commission Regulation (EC) No 2216/2004 of 21 December 2004 and, for that purpose, at any time available to the Spanish legislation.

2. How the account works

2.1 Under this contract, and within 10 days of its conclusion, (...) it shall open an account in Renade on behalf of the applicant, in which the allowances and other Kyoto units of which it is holder.

2.2 In the event that the account holder is a holder of installation subject to the scope of Law 1/2005, of March 9, the effective opening of the account will also require the corresponding organ of the community You have entered Renade with the identification data for the installation.

2.3 (...) undertakes to keep the account open in the name of the holder and to make it accessible to the holder through the private area of the Renade website, in the terms established in this contract and the applicable rules. The Renade website will be permanently accessible.

2.4 (...) shall immediately notify the account holder of the opening, updating or closing of its account, as well as any other circumstances that may affect the account or transmissibility of the Kyoto rights and units. registered in it.

2.5 The holder will access to his account through his authorized representatives, to whom (...) he will provide keys of access to the private area of the website of Renade. To this end, the authorized representatives must obtain a digital certificate issued by the National Mint and Timbre-Real Casa de la Moneda, and must comply with the technical access requirements required by the application.

2.6 The registration of rights and other Kyoto units in the account of the holder, as well as the execution of the processes affecting them, shall be carried out in accordance with the instructions received from the holder through his/her authorised representatives, who must comply with the procedures laid down in this contract and the rules applicable to Renade. Its implementation will be supplemented by the exchange of data with the central administrators of the independent Community transaction journal and the independent transaction log of the United Nations Framework Convention on Change. Climate.

2.7 Unless the account holder communicates to (...) the loss or subtraction of the access keys to the account, it will be assumed that the accesses and requests are made by the authorized representatives. In no case will the instructions executed prior to the receipt of the communication from the keys be affected.

3. Obligations of the parties

a) Obligations of (...):

These are obligations of (...) those established for the registry administrator in the applicable rules. In particular (...) it shall fulfil its obligations to open, update and close the account, to implement the applications received from the holder through its authorised representatives, to record the data of the holder and to guarantee the accessibility and confidentiality of Renade's content in terms and deadlines set out in the rules applicable to Renade.

b) Obligations of the holder:

These are the obligations of the holder:

a) Name authorized, primary, and secondary representatives.

(b) Vellar for the accuracy of the data provided to ... for the opening and maintenance of the account, and to notify (...) any modification of such information within 10 days of the date of production of the account. modification.

c) Access and use your account in accordance with the procedures laid down in the rules applicable to Renade, respecting, in any case, the requirements arising from good faith.

d) Adopt, under its sole responsibility, how many precautions are necessary to avoid the loss or removal of the access keys and their use per person other than the authorised representatives. In the event of the loss or removal of the access keys, you must notify the (...) immediately.

e) Pay to (...) the rates that, if applicable, establish the rules in force for the opening and maintenance of the account, in the amounts and periods of accrual and payment provided for in the rules applicable to Renade. To this end, a copy of the communication addressed to your credit institution will be attached to be taken care of, with the current account indicated, the receipts that are presented by these concepts to the collection by (...).

4. Communications

The communications between the parties shall be made by sending an e-mail to the address of the holder indicated in this contract, as well as to the addresses of the appointed authorised representatives and the address of the Renade (correo.titulares@renade.es). They shall be validly understood with the receipt of the corresponding acknowledgement of receipt.

Subsidiary, and in the event of failure to send or receive the communication through the means previously provided, the parties may communicate by means of a written letter sent by registered mail to the addresses indicated in this contract.

5. Limiting access to the account

5.1 (...) will suspend access and disposition on the account in the following cases:

a) In the cases provided for in the applicable rules.

(b) In the event of non-compliance with the obligations of the account holder, including those relating to the economic regime applicable to Renade.

5.2 In no case shall this suspension prevent the delivery of rights carried out pursuant to Article 4.2.f of Law 1/2005 of March 9, nor its cancellation or replacement.

6. Contract duration and resolution and account closure

6.1 The duration of this contract is indefinite.

6.2 The holder other than the holder of the installation subject to the scope of Law 1/2005, of March 9, will be able at all times to resolve this contract, which will involve the closing of the account. (...) shall close it within 10 days of receipt of the written request, in which the holder shall record the destination of the allowances and other Kyoto units which are registered in the account concerned.

6.3 In the event that an account, the holder of which is different from an installation holder subject to the scope of Law 1/2005, of 9 March, present zero balance without having entered transactions for a period 12 months (...) shall notify the holder of this fact and inform it that it shall close within 60 days, unless it receives from him and within that period a request to the contrary. If it is not received, the contract will be extinguished and the account will be closed.

6.4 In the event that the account holder is a holder of the installation subject to the scope of Law 1/2005 of 9 March, the account shall be closed exclusively by virtue of a notification of the relevant body of the account the competent autonomous community, due to the extinction of the authorization of the installation.

In the event that the rights of issuance entered in the affected account are recorded (...), it will require the holder to provide the data of another account to which the rights and units of the account are transferred immediately and in full. Kyoto registered. If no such information is received within 60 days (...) the account shall be closed after the transfer of the rights to the account of the General Administration of the State.

6.5 If, in accordance with the applicable rules (...) it will cease in its registry administrator functions, the contract will not be extinguished, but the new registry administrator will be subrogated to the set of rights and obligations of (...) under this contract. Such subrogation shall be notified to the holder as provided for in this contract and the rules applicable to Renade.

7. Personal data: accessibility and confidentiality

7.1 Renade contains personal data from account holders who are natural persons.

7.2 In the case of being a natural person, the account holder knows and accepts that personal data provided to (...) as a result of the opening or maintenance of the account will be incorporated into the file created by (...) in compliance with the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, and as a consequence:

(a) The holder authorizes (...) the use of the above personal data, for the fulfilment of this contract and for the other obligations which it corresponds to as the registry administrator.

(b) The holder may exercise his rights of access, opposition, rectification and cancellation, in respect of personal data contained in the personal data file of which he is a holder (...) by letter addressed to the address of (...), which consists of this contract.

c) The holder knows and accepts that, on the occasion of international transmissions and transfers of allowances or any other process provided for in the rules applicable to the Renade, personal data provided to (...) may be subject to international transfer, and provides express consent for the conduct of such international data transfers, where necessary to comply with this contract and other obligations that you should comply with (...) in your registry administrator condition.

7.3 (...), as the person responsible for the aforementioned personal data file, is committed, in accordance with the Organic Law 15/1999, of 13 December, of Protection of Personal Data, and its standards of development, take the technical and organisational measures to ensure the security of the data and avoid any unauthorised alteration, loss, treatment or access.

8. Liability

The parties will respond to the direct losses that the failure of their respective obligations may cause to the other party.

9. Applicable law and jurisdiction

This contract will be governed by Spanish law and, specifically, as provided for in the rules applicable to Renade.

The parties submit, with the express waiver of the jurisdiction that may correspond to them, for any controversy arising out of this contract, to the courts of Madrid.

And in proof of consent, the two parties sign the present contract in duplicate.

In Madrid, a ...........................

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By Applicant		By (...)