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 (hereinafter the EU ETS Directive) and Directive 2009 /29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003 /87/EC to improve and extend the scheme The Commission has already adopted a proposal for a Council Directive on the approximation of the laws of the Member States relating to:  2013, they are part of a normative set containing measures to combat climate change and promote renewable and low-carbon energy. This package was designed mainly to achieve the European Union's overall environmental objective of reducing greenhouse gas emissions by 20 percent from 1990, achieving an improvement in energy efficiency. by 20% and that, in the year 2020, 20% of the Union's electricity consumption comes from renewable energy sources.

The EU ETS Directive provides for the possibility of introducing special and temporary measures for certain undertakings in order to compensate for increases in electricity prices resulting from the inclusion of the costs of greenhouse gas emissions due to the regime for the trading of greenhouse gas emission allowances in the Community. The Spanish legal order, in the additional provision sixth of Law 1/2005, of 9 March, which regulates the regime of the trade in greenhouse gas emission rights, which was introduced by Law 13/2010, of 5 of July, amending Law 1/2005 of 9 March, in order to improve and extend the general scheme of trade in emission allowances and to include aviation in it, also provides for the possible compensation of indirect emissions costs, " The Government, on a joint proposal from the Ministries of the Environment, and the Rural and Marine Environment, Economy and Finance and Industry, Tourism and Trade will be able to establish the creation of a mechanism to compensate for indirect costs attributable to greenhouse gas emissions passed on to electricity prices. installations belonging to sectors exposed to a significant risk of carbon leakage may benefit. "

On the other hand, the third phase of the European Emissions Trading Scheme (2013-2020) does not provide for free allocation for electricity generation, so from 2013 all generation facilities must purchase the necessary rights at auction and this cost will be transferred directly to the consumer. Accordingly, the European Union allows each Member State in accordance with its national budget and in accordance with the Commission Communication (2012/C 158/04) on Guidelines on certain State aid measures in the context of the scheme. (a) trade in greenhouse gas emission allowances, offset these indirect costs (cost of electricity by CO₂₎the industries of certain sectors or sub-sectors to which it is considered exposed to a significant risk of "carbon leakage" (relocation) due to costs related to emissions of greenhouse gases that have an impact on electricity prices.

In order to mitigate as much as possible the impact of these costs on the competitiveness of our industries and according to these forecasts, it is convenient to create the aforementioned mechanism of compensation of the costs indirect emissions of greenhouse gases passed on to electricity prices, referred to as the 'Compensatory Aid for indirect emissions costs of CO₂', which will take the form of a subsidy and which will be provides for a period of two years (2014-2015) which may be extended to the extent permitted by the applicable European rules.

Since the scope of the mechanism of compensation for indirect costs attributable to greenhouse gas emissions passed on to electricity prices is the entire national territory, and in (i) the benefits of its effectiveness and effectiveness are logically imposed by the aid management unit, since it is not possible to establish a priori a territorial distribution scheme for expenditure.

In fact, it is possible to establish a priority for the distribution of the budget for this aid, which makes it impossible to distribute the budget among the Autonomous Communities. This means that the budget cannot be broken down, with the assumption of the second paragraph of Article 86.1 of Law 47/2003 of 26 November, General Budget, and justifies the state competence and centralised management of this type of budget. support, since the mechanisms of cooperation or coordination that could be established with the Autonomous Communities would not solve the problem exposed.

In addition, it is a fundamental objective of this rule to harmonise the criteria which should guide the granting of such aid, in accordance with the guidelines laid down by the European Union, compatible with the internal market. The application of these criteria, in common to potential beneficiaries, is necessary to ensure equal opportunities in access to public resources to compensate for the indirect emissions costs of CO₂ at any point in the national territory.

However, in order to take into account the case-law of the Constitutional Court and in accordance with the instructions of the State Council, this royal decree has been submitted to the opinion of the European Communities. Autonomous. In addition, a representative of the same will be part of the evaluation committee of the granting of the aid, in the terms set out in Article 14 (2) of this royal decree.

The royal decree is issued under the exclusive powers of the State provided for in Article 149.1.13. and 23. of the Constitution, in the field of bases and coordination of the general planning of economic and social activity. basic legislation on environmental protection.

The reports of the Ministries of Finance and Public Administration, Agriculture, Food and Environment, and the Economy and Competitiveness, as well as the reports of the State Attorney and the Ministry of Finance, have been collected. of the Delegate Intervention in the Ministry of Industry, Energy and Tourism.

In its virtue, on the proposal of the Ministers of Industry, Energy and Tourism, of Agriculture, Food and Environment, and of Economy and Competitiveness, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 12 December 2014,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

Constitutes the object of this royal decree the creation of a mechanism of compensation of indirect costs imputable to the emissions of greenhouse gases passed on to the prices of the electricity that they will be able to to benefit from installations belonging to sectors exposed to a significant risk of 'carbon leakage', as well as the approval of the regulatory bases for the granting of the corresponding subsidies, as provided for in the legislation of the applicable European and national Union.

Article 2. Purpose and form.

1. This compensation mechanism, called "Compensatory Aid for indirect CO_{2 emission costs}", is intended to prevent a beneficiary from being exposed to a significant risk of "carbon leakage" if its Third country competitors are not faced with the same costs of CO₂ in electricity prices and if such a beneficiary cannot pass on those costs on the prices of the product without losing a significant part of the market.

2. This compensation mechanism will take the form of a grant.

Article 3. Scope of temporary application.

The provisions of this royal decree will be applicable to grants that are called in the years 2014 and 2015.

Article 4. Beneficiaries.

1. Aid covered by this royal decree may be eligible for aid under this royal decree, whether or not they are included in the emissions trading scheme, irrespective of their legal form, which are validly constituted at the time to submit the application, to carry out one or more activities in the sectors or to produce the products listed in Annex II to the Commission Communication (2012/C 158/04) on Guidelines for certain State aid measures in the context of the greenhouse gas emissions trading scheme, published in the Official Journal of the European Union, number C 158 of 5 June 2012 (hereinafter the Guidelines), under the NACE codes which are made explicit in the Guidelines.

However, in the annual calls for aid resulting from this royal decree, the final relations of the sectors and products approved by the European Commission will always be included.

2. Undertakings which are subject to a recovery order pending following an earlier decision of the European Commission which has declared unlawful and incompatible aid with the common market shall not be eligible for the status of a beneficiary.

3. Persons or entities in whom some of the circumstances set out in Article 13.2 of Law 38/2003 of 17 November, General of Grants, shall not obtain the status of a beneficiary.

Article 5. Characteristics, granting scheme and criteria for the cumulation of aid.

1. The aid will be granted through the competition procedure among all those who have applied to be beneficiaries, in accordance with the provisions of Article 22.1 of Law 38/2003 of 17 November.

2. The maximum overall amount allocated to the grants under the relevant call shall be pro rata among all the beneficiaries.

3. The perception of the aid covered by this royal decree will be compatible with the perception of other subsidies, aid, revenue or resources which are intended to offset the costs related to the emissions of gas Greenhouse gas emissions from any of the public administrations or from the European Union.

4. As set out in paragraphs 46 and 47 of the Guidelines, the amount of all aid obtained by this concept, whatever its origin, may not exceed the percentage set out in Article 7.3 of this royal decree.

Article 6. Evaluation criteria.

Requests will be evaluated according to the following criteria:

(a) Be at risk of carbon leakage, as provided for in Article 10a (15) and (16) of the EU ETS Directive, in relation to the activities or products defined in Annex II to the Guidelines, as a result of the incurred in indirect CO_{2 emission costs}, as a result of production processes and/or having carried out commercial activities with third countries.

(b) Accredited productive activity during the corresponding exercises in which calls derived from this royal decree are carried out.

Article 7. Determination of the eligible costs and maximum aid intensity.

1. The determination of the eligible costs in the manufacture of products of the sectors and subsectors listed in Annex II to the Guidelines shall be carried out in the year t:

(a) Where the reference values for the efficient consumption of electricity listed in Annex III to the Guidelines apply to products manufactured by the beneficiary, the eligible cost, CSub_t(a), shall be installation, in the year t will be equal to:

CSub_t(a) = C_t x P_t-1 x E x BO

Being C_t, the applicable CO₂ emission factor (tCO₂/MWh) in year t; P_t-1 the European Union emission rights (DEUE) term price in year t-1 (EUR/tCO₂); E the reference value of the efficiency of the electricity consumption (MWh/tprod), for a given product as referred to in Annex III of the Guidelines, and BO the reference production (t prod). These concepts are defined in the annex to this royal decree.

In the event that the company manufactures products whose interchangeability of electricity and fuel is set out in Annex I, paragraph 2, of Commission Decision 2011 /278/EU of 27 April 2011 determining the transitional rules of the Union for the harmonisation of the free allocation of allowances in accordance with Article 10a of Directive 2003 /87/EC of the European Parliament and of the Council, it is not appropriate to establish a reference value on the product MWh/t base. In these cases, the 'E' factor of the formula for calculating the maximum amount of eligible costs has to be replaced by the following:

E = [BM Value_prod (tCO₂/t_prod) x Fraction Indirect Emissions (%)]/[0.465 (tCO₂/MWh)]

Where:

BM Value_prod: The emission reference value per tonne manufactured product according to Annex I of the Decision, in tCO₂/t_prod.

Indirect emissions: The share of the relevant indirect emissions over the reference period is understood as the ratio between the relevant indirect emissions and the sum of the total direct emissions total and the relevant indirect emissions in accordance with Article 14 of Commission Decision 2011 /278/EU of 27 April 2011.

0,465 (tCO₂/MWh): European average emission intensity factor, as indicated in the Commission Communication (2012/C 387/06) amending the Guidelines, published in the Official Journal of the European Union, Number C 387 of 15 December 2012.

(b) Where the reference values for the efficient consumption of electricity listed in Annex III to the Guidelines do not apply to products manufactured by the beneficiary, the eligible cost, CSub_t(b), shall be installation, in year t, will be equal to:

CSub_t(b) = C_t x P_t-1 x EF x BEC

Being C_t the applicable CO₂ emission factor (tCO₂/MWh) in year t; P_t-1 the term price of DEUE in year t-1 (EUR/tCO₂); EF the reference value of the consumption of alternative electricity; and BEC the reference electrical consumption (MWh). These concepts are defined in the annex to this royal decree.

2. The maximum amount of aid to be paid, per installation, in the year t, for the manufacture of products of the sectors and subsectors listed in Annex II to the Guidelines, shall be calculated in each case according to the following: formula:

Amax_t = Ai_t x CSub_t(a)

Amax_t = Ai_t x CSub_t(b), being Ai_t, the aid intensity in the year t.

3. The aid intensity (Ai_t) cannot exceed 85% of the eligible costs incurred in the years 2014 and 2015, in accordance with the provisions of paragraph 26 of the Guidelines.

4. If, during the year in which the aid was granted, the production capacity of an installation is significantly expanded in accordance with the definition of that term in the Annex to this royal decree, the reference production may be increased by proportion to that capacity increase, as specified in the Guidelines.

For the purposes of the above paragraph, any increases in capacity exceeding those which, if any, have been declared at the time of application for the aid shall not be taken into account in the terms laid down in the Article 13 (2) (b) (3) of this royal decree.

In the event of a reduction in the level of production, the amount of aid will decrease in proportion to that reduction and will not be taken into account for the actual reductions below those expressed in the declaration. Article 13 of this royal decree required applicants as required by Article 13 (2) (b) (3) of this royal decree.

5. If an installation manufactures products to which a reference value of the efficient electricity consumption (E) is applied, listed in Annex III to the Guidelines and products to which the reference value of the electricity consumption is applied alternative (EF), the electrical consumption of each product must be divided according to the corresponding production tonnage of each product.

6. If an installation makes eligible products (i.e. products from the eligible sectors or sub-sectors listed in Annex II to the Guidelines) and ineligible products, the maximum amount of aid to be paid shall be calculate only on the basis of the eligible products.

7. The calculation of the reference production BO and, where appropriate, of the efficient electrical consumption BEC, during the reference period 2005-2011 shall be carried out for each of the eligible products for which an installation requests the aid.

CHAPTER II

Aid management procedure

Article 8. Competent bodies to convene, instruct and resolve the concession procedure and body responsible for monitoring aid.

1. The Minister for Industry, Energy and Tourism shall be responsible for convening and resolving the procedure for granting the aid covered by this royal decree, without prejudice to the possibility of delegation from the exercise of this competence.

2. The authority responsible for ordering and instructing the procedure for granting the aid shall be the Directorate-General for Industry and Small and Medium-sized Enterprises.

3. For the purposes of Article 88.3 of the Regulation of 17 November of 17 November, approved by Royal Decree 887/2006 of 21 July, the body responsible for monitoring the aid granted will be the Directorate-General for Industry and Small and Medium Enterprise.

Article 9. Calls for aid and initiation of the procedure.

1. The procedure shall be that of competitive competition, in accordance with the principles of advertising, transparency, equality and non-discrimination and effectiveness in meeting the objectives.

2. The aid will be used through annual calls.

3. The procedure for granting such aid shall be initiated on its own initiative by the budgetary credit management centre to which the subsidy is charged, the Ministry of Industry, Energy and Tourism.

Article 10. Electronic processing.

1. According to the provisions of Law 11/2007, of June 22, of electronic access of citizens to Public Services, and in Royal Decree 1671/2009, of November 6, for which the aforementioned law is partially developed, The electronic system will be compulsory at all stages of the procedure, so that applications, communications and other documents required for the projects to be submitted to the aid will be presented in the electronic register of the Ministry of Industry, Energy and Tourism.

2. The applicant may access, with the certificate with which he submitted the application, the electronic register of the said Ministry, where he may consult the documents presented. The filing of the application with electronic signature shall also entail the applicant's compliance to receive all communications and notifications of the processing of the electronic file through such electronic registration, In accordance with the provisions of Law 11/2007 of 22 June 2007 and with Royal Decree 1671/2009 of 6 November 2009. In this same register, the interested parties, duly identified, may consult the acts of the procedure that are notified to them and make the submission of the additional documentation that may be required by the acting body.

3. The publication of the motion for a resolution, as well as the publication of the resolutions of dismissal, concession and possible amendments and other acts of the procedure, will take place in the Aid Portal hosted by the electronic Ministry of Industry, Energy and Tourism (https: //sede.minetur.gob.es), and shall have all the effects of the notification as provided for in Article 59.6.b) of Law No 30/1992 of 26 November 1992 on the Public administrations and the Common Administrative Procedure, in relation to the procedures of concurrency.

4. In those cases where a refund procedure is carried out, the notifications relating to that procedure shall be made in the form of notification by electronic appearance, as laid down in Article 40 of the referred to Royal Decree 1671/2009 of 6 November 2009.

5. The forms, responsible statements and other electronic documents to be completed at the various stages of the procedure shall be made available in the abovementioned Aid Portal and must be used when proceed.

6. In those stages of the procedure where, in the interests of administrative simplification, the presentation of responsible statements is permitted instead of certain documentation, such statements shall be submitted in electronic form. electronically signed by the declarant.

7. The applicants shall not be required to submit the documents already held by the competent authority for the grant, in accordance with the provisions of Article 35.f) of Law No 30/1992, of 26 November, and shall indicate in the Application questionnaire the number of the file that was communicated to you on that occasion, provided that no more than five years have elapsed since the end of the procedure to which they correspond. In the case of material impossibility of obtaining the document, the competent body shall require the applicant to submit, or, failing that, the accreditation by other means of the requirements referred to in the document.

8. In accordance with Article 48.1 of the Royal Decree 1671/2009 of 6 November 2009, interested parties may, at any stage of the procedure, provide the file with digitised copies of the documents, the fidelity of which they will ensure by the use of advanced electronic signature. The Public Administration may request the corresponding file of the content of the copies provided. In view of the impossibility of this collation and exceptionally, it will require the particular display of the above document or the original information.

Article 11. Representation.

1. Natural persons who carry out the signature or electronic submission of documents on behalf of the applicant entities or beneficiaries of the aid shall have the necessary representation for each action, in the words established in Article 32 of that Law No 30/1992 of 26 November.

2. The signatory of the aid application shall provide proof that at the time of filing the application has sufficient representation for the act. Failure to comply with this obligation, not to be remedied, shall give rise to the withdrawal of the obligation to do so in accordance with Article 71 of Law No 30/1992 of 26 November.

From the obligation to provide sufficient representation, the entities registered in the Registry of Entities requesting assistance from the Ministry, enabled in the Portal of Aid hosted by the electronic headquarters of the Ministry, will be exempt. Ministry of Industry, Energy and Tourism, provided that the signatory of the application is accredited in that register as the representative of the entity. The persons in whom the circumstances provided for in Article 10.7 of this royal decree are present shall also be exempt from accrediting representation.

3. The instructor may at any time require the persons who are signatories of the various documents to be presented, the accreditation of the representation they hold. The lack of sufficient representation shall determine that the document in question has not been submitted, with the effect that it will result in the continuation of the procedure.

4. Where the signatory is the holder of the body representing the entity recognised in its statutes, it may credit the representation by providing an electronic copy of those statutes and a responsible declaration signed electronically by the institution. the secretary of the entity in which the holder of the body of representation is identified. Where the appointment is public, an electronic copy of the publication of the appointment may be provided in the official journal, rather than a responsible statement.

Article 12. Deadline for submitting applications.

1. The time limit for the submission of applications and the corresponding documentation shall be 30 working days from the day following that of the publication of the notice in the Official Gazette of the State, unless the latter determines deadline for submission.

2. The submission of applications outside the prescribed period shall give rise to their admission.

Article 13. Formalisation and submission of applications.

1. Applications for aid and other documentation to be submitted will follow the model set out in the relevant call. From the publication of the call, they will be available on the Aid Portal hosted by the electronic headquarters of the Ministry of Industry, Energy and Tourism, where the necessary electronic means of support will be available.

2. The documentation to be presented consists of the following elements:

a) Administrative:

a) 1. Electronic request questionnaire: File generated from the electronic means specified in the corresponding call that will include the name of the applicant and the installation of his property for which the aid is requested as well as the sector or sub-sector in which it operates, the products manufactured and the corresponding NACE and Prodcom code (as revised 1.1 of those codes set out in Annex II of the Guidelines).

a) 2. Valid accreditation of the signer's power of the request.

b) Technicians:

Case 1. Where the energy efficient consumption values are set out in Annex III to the Guidelines:

b) 1.1 Responsible statement of reference production (BO) according to the definition and method of calculation set out in the annex to this royal decree. The responsible declaration shall include the annual production of each of the years of the reference period. In the event that the undertaking manufactures products for which the interchangeability of electricity and fuels is set out in Annex I to Decision 2011 /278/EU, the indirect emission fraction shall also be provided, as set out in the Article 7 of this royal decree.

Case 2. When the energy efficient consumption values are not listed in Annex III of the Guidelines:

b) 1.2 Statement responsible for the electrical reference consumption (BEC), according to the definition and method of calculation, set out in the annex to this royal decree. The responsible declaration shall include the annual electricity consumption and the annual production of each of the years of the reference period.

(b) 2. For each installation with which the undertaking counts, the explanatory memory of the indirect emissions costs, in relation to the activities or products falling within the scope of this royal decree during the exercise of the call.

b) 3. Responsible declaration, where applicable, concerning significant extensions of capacity in accordance with the definition of the Annex to this Royal Decree, or reductions in the level of production to be taken into account.

b) 4. Accreditation of the productive activity through the presentation of the electricity bills of the twelve months preceding the one of the call.

3. The documentation to be submitted for the technical elements referred to in paragraph 2.b) shall take into account only the activities carried out which are considered to be beneficiaries of this order.

4. The interested parties shall submit the request for assistance and the rest of the documentation in the electronic register of the Ministry of Industry, Energy and Tourism, with the electronic signature of the person having sufficient representation power.

In the case of joint representation, a digitised copy of the application signed electronically by each of the joint representatives must also be provided.

5. The application shall contain the express consent of the persons concerned to the granting body in order to obtain the positive certificates of being aware of the compliance with their tax obligations and the social security, to be issued by the State Agency of the Tax Administration and the General Treasury of Social Security, as provided for in Article 95.1 k) of Law 58/2003, of 17 December, General Tax. However, the applicant may expressly refuse his consent, and must provide such certification when required.

6. If the documentation provided does not meet the required requirements, the person concerned shall be required to provide, within 10 working days, from the date of receipt of the request, to remedy the absence or to accompany the required documents, with warning that, if you do not do so, you will be given the withdrawal of your application, in accordance with the provisions of Article 71 of Law 30/1992 of 26 November.

Article 14. Evaluation Committee.

1. An assessment committee for the applications admitted shall issue a report setting out the results of the assessment carried out, as laid down in Article 24 (4) of Law 38/2003 of 17 November.

2. The evaluation committee shall be chaired by the Director-General for Industry and Small and Medium-sized Enterprises. Its composition will be completed with the following vowels:

The head of the General Secretariat for Industrial Sectoral Policies, the General Secretariat for Strategic Programs, and the General Secretariat for Support for Small and Medium-sized Enterprises in the Directorate-General for Industry and Small and Medium-sized Enterprises, as well as a representative with rank of at least Deputy Director General or assimilated, for each of the following management bodies: Cabinet of the Minister, Cabinet of the Department's Undersecretary, Cabinet of the General Secretariat of Industry and Small and Medium-sized Enterprises, Cabinet of the Secretary of State for Energy, Cabinet of the Secretariat of State of Economy and Support to the Company or the Directorate General of Economic Policy of the Ministry of Economy and Competitiveness and Spanish Office of Climate Change of the Ministry of Agriculture, Food and the Environment.

It shall also be part of the evaluation committee as a voice, the representative of the Autonomous Communities to whom, at the time of the evaluation of the applications, the representation of the rest of the Communities Autonomous as set out in the agreements between the General Administration of the State and the Autonomous Communities for the monitoring of European issues in the area of climate change.

An official from the Directorate-General for Industry and Small and Medium-sized Enterprises will act as Secretary.

3. The legal status of the said commission shall be that laid down in Chapter II of Title II of Law 30/1992 of 26 November.

4. The aforementioned commission will have for its operation with the personal and material resources existing in the Directorate General of Industry and Small and Medium Enterprise, administrative organ to which it is attached.

Article 15. Procedure instruction.

1. The authority responsible for the training shall carry out, on its own initiative, any action it considers necessary for the determination, knowledge and verification of the data under which the motion for a resolution is to be made, established in Article 24 of Law 38/2003 of 17 November.

2. The procedure instructor shall proceed to the admission of the applications, in accordance with the requirements of Article 4 of this royal decree.

3. The instructor shall transfer the applications admitted to the evaluation committee, as referred to in Article 14 of this royal decree, which shall carry out the evaluation and quantification of the aid to the applicants, in accordance with the Article 6 and 7 of Articles 6 and 7 thereof. To this end, the evaluation committee may have the technical assistance it deems necessary. Once the evaluation and quantification of the applications have been carried out, the evaluation committee shall draw up the relevant report to be sent to the instructor. It shall, on the basis of that report and the rest of the background and reports, make the proposal for a grant resolution which shall be final.

This proposal will be published in the Aid Portal hosted by the electronic headquarters of the Ministry of Industry, Energy and Tourism, for the purposes of notification and will consist of:

a) Ratio of estimated applications, amount of aid.

b) Relation of unsuccessful requests.

The procedure's instructor may make the motion for a resolution on a provisional basis, duly substantiated, and notify it to the parties concerned, where the proceedings are and must be held in account for other facts or other allegations and additional evidence to those submitted by the interested parties. In such a case, a period of 10 days shall be granted for the submission of claims.

4. Pursuant to Article 24.5 of Law 38/2003 of 17 November, the proposed resolution shall be notified to the persons concerned who have been proposed as beneficiaries through the Electronic Register of the Ministry of Industry, Energy and Tourism, so that within ten working days from the date of its notification, they communicate their acceptance and demonstrate compliance with the following conditions:

a) Compliance with tax obligations and Social Security.

b) Do not have debts for reimbursement of aid with the Administration.

(c) Be aware of the payment of the repayment obligations of any other loans or advances previously granted from the General Budget of the State.

(d) Not be in any of the prohibitions referred to in Article 13.2 of Law 38/2003 of 17 November.

e) Statement responsible for aid obtained or requested for the same eligible costs, to national or Community institutions. Such a declaration shall be updated at any time in the procedure, communicating to the instructor the obtaining of the same, for the purposes of compliance with the provisions of Article 5.4 of this royal decree. Likewise, a statement responsible for not incurring the circumstances provided for in Article 4.3 of this royal decree shall be submitted.

Accreditation of compliance with the conditions referred to in paragraphs (b), (c) and (d) may be replaced by a responsible declaration of the applicant.

5. It is understood that those applicants who do not present the responsible declaration or do not demonstrate compliance with the conditions required within that ten-day period as provided for in paragraph 4 shall be dislodged from their application. If compliance with these conditions already has the authority of the instructor, they should not be credited again in accordance with the provisions of Article 10.7 of this royal decree.

6. The motion for a resolution does not create any right in favour of the proposed beneficiary vis-à-vis the Administration, while the granting resolution has not been notified to it.

Article 16. Resolution.

1. Once the final draft resolution has been adopted, the competent body will resolve the procedure.

2. In accordance with Article 26 of Law 38/2003 of 17 November, the resolution will be notified to the interested parties through the Electronic Register of the Ministry of Industry, Energy and Tourism.

3. The resolution, which will be motivated, ends the administrative route and will be published in the Aid Portal hosted by the Ministry of Industry, Energy and Tourism in the electronic headquarters within the maximum period of six months from the publication of the call in the "Official Gazette of the State". The expiry of the said period without the express or the express notice of the interested parties to understand the application for aid, in accordance with Article 25 (5) of Law 38/2003, of 17 May November.

4. The aid granted will be published in the "Official State Gazette" in accordance with Article 30 of the Regulation of Law 38/2003 of 17 November.

Article 17. Resources.

1. The decision of the proceedings may be appealed for in replacement within a period of one month from the day following the date of its notification to the same body which issued it in accordance with the provisions of Articles 116 and 117 of Law 30/1992, of 26 November. Without prejudice to the foregoing, against that decision, within two months from the day following the date of notification of the decision, an administrative and administrative appeal may be brought before the Court of Administrative National Hearing.

2. The interposition of the replenishment resources may be made before the Electronic Registry of the Ministry of Industry, Energy and Tourism in the terms expressed in this standard and in accordance with the provisions of the Order IET/1902/2012, of 6 of September, for which the Electronic Register of the Ministry of Industry, Energy and Tourism is created and regulated.

Article 18. Guarantees and payment.

1. Prior to the payment of the aid, the beneficiary may be required to provide the guarantee, by means of the contribution by the beneficiary of the guarantee constitution to the General Deposit Box, in any of the In order to ensure that the rules of the General Deposit Box and the Order of the Ministry of Economy and Finance of 7 January 2000 are adopted, the Royal Decree 161/1997 of 7 February 2000, which carries out the said royal decree, and with the requirements set out in such rules.

The amount of the guarantee, the time limit for its contribution and the form of cancellation will be determined, where appropriate, in the corresponding call for aid.

2. Payment of the aid shall be ordered, after the granting of the grant decision and provided that the granting scheme has been authorised by the European Commission.

Article 19. Advertising.

1. The advertising of the aid granted shall be carried out in accordance with the provisions of Article 18 of Law 38/2003 of 17 November.

2. In publications, dissemination activities, websites and other means of the subsidised installation, the Ministry of Industry, Energy and Tourism should be mentioned as a financial institution.

Article 20. Justification, check and control.

1. The beneficiary shall provide a verified justification, by a verifier accredited in the emissions trading scheme, of actual production and electricity consumption, for the year in which the aid is granted. The justification for this is to break down the actual production volume and the method for calculating the actual production in such a way as to enable it to be verified on the basis of the entity's accounting statements. Similarly, in the data relating to electricity consumption, the manner in which the calculation has been carried out and its imputation to the declared production shall be indicated.

2. Where appropriate, the facility shall demonstrate compliance with the criteria for a significant capacity extension, as defined in the Annex to this Royal Decree, with the report of an independent accredited verifier in the field. of the emissions trading system. The verification shall address the reliability, credibility and accuracy of the data provided by the facility and shall give rise to a verification opinion stating with reasonable certainty whether the data provided contain inaccuracies. materials.

3. The justifications described in the preceding paragraphs shall be submitted to the granting authority, duly verified, before 31 March of the year following the call.

4. Once the documentation submitted by the beneficiary has been verified, the aid granting authority shall issue the corresponding clearance certificate, which shall include the final amount of the aid, taking into account actual production, capacity increases and production decreases that have taken place, in the terms described in paragraphs 1 and 2 of this Article.

5. The beneficiary shall be subject to the verification measures to be carried out by the managing body responsible for monitoring the actions supported, as well as the financial control of the State General Intervention and the control audit of the Court of Auditors and any other applicable rules.

Article 21. Reintegrating and non-compliances.

1. The recovery of the amounts received and the requirement of interest for late payment from the time of payment of the grant, in the cases and in the terms provided for in Article 37 of Law 38/2003, of 17 November.

2. In accordance with paragraph (n) of Article 17.3 of Law 38/2003 of 17 November, the beneficiary shall be obliged to reintegrate the difference between the amount of the aid received and the amount corresponding to the actual costs for the year requested the aid. Where such a difference exceeds 50% of the amount of the aid received, the beneficiary shall be obliged to repay the total amount of the aid received plus the corresponding interest.

3. Failure to comply with the requirements laid down in this royal decree, in particular the provisions of the preceding paragraphs, the order of call and other applicable rules, as well as the conditions which, where appropriate, have been established in the a corresponding grant decision shall, by means of the refund procedure, give rise to the obligation to return the aid received in whole or in part and the corresponding interest for late payment, in accordance with Title II, Chapter I of Law 38/2003 of 17 November and Title III of its Rules of Procedure.

4. In any event, the refund shall be the total of the aid received plus interest on late payment in the following cases:

(a) The distortion, inaccuracy or omission in the data provided by the beneficiary who have served as the basis for the concession.

(b) Failure to comply with the obligations of justification in time and form as set out in Article 20 (1), (2) and (3) of this royal decree.

(c) The resistance, excuse, obstruction or refusal of the actions of verification of any extreme contained in the documentation provided by the beneficiary in the justifications of paragraphs 1 and 2 of Article 20 of this royal decree.

Article 22. Penalties.

The provisions of Title IV of this Law 38/2003 of 17 November are applicable if the cases of administrative infringements in the field of grants and public aid are present.

Additional disposition first. Applicable rules.

The aid referred to in this royal decree will be governed, in addition to its provisions, by the provisions of Law 1/2005 of March 9, Law 38/2003 of 17 November and its Regulation approved by Royal Decree 887/2006, dated 21 July, as well as in Law 47/2003, of 26 November, Law 30/1992, of 26 November, Law 11/2007, of 22 June and the other provisions that apply.

Additional provision second. Notification and approval of the European Commission.

The aid provided for in this royal decree requires notification to the European Commission and its approval. In this respect, Article 9.1 of Law 38/2003 of 17 November shall be in accordance with Article

.

Final disposition first. Competence title.

The royal decree is issued under the terms of Article 149.1.13. and the 23rd of the Spanish Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of economic activity and of basic legislation on environmental protection.

Final disposition second. Development and application.

1. The Minister of Industry, Energy and Tourism will dictate the necessary provisions for the development and implementation of the provisions of this royal decree, in the field of their competences.

2. The Minister for Industry, Energy and Tourism and the other bodies of the ministerial department, in use of their powers, shall take the necessary measures to implement this royal decree and its implementing and implementing provisions.

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 December 12, 2014.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON

ANNEX

Definitions

"Aid Intensity (Ai_t)": Total amount of aid granted expressed as a percentage of eligible costs. All figures used shall be construed as prior to any tax deduction or other charges.

"Maximum aid intensity": Maximum amount that can be achieved by the intensity of the aid as set out in Article 7.3 of this royal decree.

"CO emission factor₂(C)", in tCO₂/MWh: Weighted average of CO₂ intensity of electricity produced from fossil fuels in different geographical areas. The weighting shall reflect the mixture of production of the fossil fuels in the geographical area concerned. The CO factor₂ is the result of the division of the energy industry's CO2 emission equivalent data₂ by the gross production of fossil fuels in TWh. According to Annex IV of the Guidelines, a factor of 0,57 corresponds to Spain.

European Union Emissions Rights (DEUE): A right, transferable, to issue a ton of CO₂ equivalent over a given period.

"Term price of EU emission allowances (P)": In euro, the average of the term prices to a daily year of the DEEU (offer prices at the time of closing) for delivery in December of the year in which the aid, observed in any EU carbon stock exchange between 1 January and 31 December of the year preceding the year in which the aid is granted. For example, in the case of aid granted in 2014, it is the simple average of the prices of the closure offer of the DEEU of December 2014 observed from 1 January 2013 until 31 December 2013 in a given carbon stock exchange. of the EU.

"Reference production (BO)": The average production at the facility during the reference period 2005-2011, in tonnes per year. A given calendar year (e.g. 2009) may be excluded from this seven-year reference period. If the installation did not work for at least one calendar year between 2005 and 2011, the reference production is defined as the annual production until there are four years of registered operation, and then the average of the three years precedent of that period.

"Reference electric consumption (BEC)": Average electricity consumption, in MWh, of the facility (including the electricity consumption required for the production of eligible externalised products) during the period of reference 2005-2011. A given calendar year (e.g. 2009) may be excluded from this reference period of 7 years. If the installation did not work for at least 1 year between 2005 and 2011, the reference power consumption is defined as annual electricity consumption until there are four years of registered operation, and then defined as the average of the three Previous years whose operation has been recorded.

"Efficient electricity consumption reference value (E)", in MWh/tonnes of production and defined at the level of Prodcom 8: Electrical consumption, for a specific product, per tonne of production obtained by means of the most efficient production of electricity for the product concerned. For the products of the eligible sectors for which the interchangeability of fuel and electricity has been established by Decision 2011 /278/EU, the definition of the reference values for efficient electrical consumption is carried out within the of the same limits of the system, taking into account only the part of electricity. The electricity consumption reference values for the products of the eligible sectors and sub-sectors are listed in Annex III to the Guidelines.

"Alternative electricity consumption efficiency benchmark (EF)": 80 percent of the reference electrical consumption. It corresponds to the average reduction effort required by the application of the reference values of efficient electrical consumption (reference consumption of electric power/previous electric consumption). It applies to all products and processes in the eligible sectors or sub-sectors which are not covered by the efficient electricity consumption reference values set out in Annex III to the Guidelines.

"Significant capacity expansion": Significant increase in the initial installed capacity of an installation under which all of the following consequences occur:

One or more identifiable physical changes are recorded in relation to their technical configuration and operation other than the mere replacement of an existing production line; and

the installation can work with a capacity of at least 10 percent higher than the initial installed capacity before the change results from an investment in physical capital (or a series of progressive investments in capital physical).