I

The generation of electricity from renewable energy sources and the increase in energy efficiency are a fundamental pillar for achieving the objectives of reducing emissions of energy from renewable energy sources. greenhouse effect as well as other Community and international objectives, while at the same time reviving considerable importance for the due promotion of the security of energy supply, technological development and innovation.

Over the last twenty years there has been a very important development of the technologies for the production of electrical energy from renewable energy sources, cogeneration and waste, which integrated the previously referred to as special arrangements. This growth was possible, in part, thanks to the existence of successive supportive regulatory frameworks that established economic incentives for electrical production with these technologies.

In the context of this growing implementation, there has been a simultaneous evolution of support frameworks in order to ensure their adaptation to the current circumstances, mainly in two ways: in First, allowing the participation of these production technologies on the market, and secondly, increasing the technical requirements to allow the system operator to integrate them in safety conditions, increasing their contribution to the energy balance of the electricity system. On the other hand, such regulatory developments have also been aimed at ensuring adequate and strict compliance with the principle of reasonable profitability of the facilities, while ensuring the financial sustainability of the system.

The fundamental norm that has regulated these aspects has been Law 54/1997 of 27 November of the Electrical Sector, which included in its title IV a chapter dedicated to the special regime of production of electrical energy by the set of specific rules applying to electricity generated by renewable energy sources, cogeneration with high energy efficiency and waste.

These legal forecasts were then developed in successive regulatory norms. Thus, first, it was approved, Royal Decree 2818/1998, of 23 December, on the production of electrical energy by installations supplied by resources or renewable energy sources, waste or cogeneration, which was then modified by the Royal Regulation No 841/2002 of 2 August 2002 regulating for the production facilities of electrical energy, in particular, its incentive to participate in the production market, certain information obligations of its members production forecasts, and the acquisition by the marketers of their electrical energy produced. Both royal decrees were repealed by Royal Decree 436/2004 of 12 March establishing the methodology for the updating and systematization of the legal and economic regime of the activity of electrical energy production in special scheme.

Subsequently, the Royal Decree 661/2007 of 25 May, which regulates the activity of production of electrical energy in special regime, was approved, which also repealed the existing regulation in the field and contained in the Royal Decree 436/2004 of 12 March. This royal decree has been in force until the approval of Royal Decree-Law 9/2013 of 12 July, adopting urgent measures to ensure the financial stability of the electricity system, without prejudice to the fact that it is available to the Third, it determines that it will continue to apply on a transitional basis until the provisions necessary for the full implementation of this royal decree are adopted.

While the aforementioned provisions allowed to comply, according to the circumstances of each moment, the purposes that inspired them, it cannot be ignored that the very favorable framework of support in them implemented propitious the fast exceeding the forecasts which had led to its approval. This circumstance, coupled with the progressive reduction of the technological costs, made it necessary, as a guarantee both of the principle of reasonable profitability and of the financial sustainability of the system itself, that they would have to be carried out successive corrections to the regulatory framework.

Thus, first, the growth of the installed power experienced by the solar photovoltaic technology, which exceeded exponentially the objectives set in the Royal Decree 661/2007, of 25 May, prompted the approval of the Royal Decree 1578/2008 of 26 September 2008 on the remuneration of the production of electrical energy by solar photovoltaic technology for installations after the date of maintenance of the remuneration of Royal Decree 661/2007, May 25, for such technology.

In the same line, the Royal Decree-Law 6/2009 of 30 April, whereby certain measures are adopted in the energy sector and the social bond is approved, created the mechanism for the registration of the pre-allocation of remuneration for the special scheme facilities, the registration of which would be a necessary condition for the granting of the right to the economic regime set out in Royal Decree 661/2007 of 25 May 2007.

On the same basis, the Royal Decree 1003/2010 of 5 August 2010, which regulates the liquidation of the premium equivalent to the electricity production facilities of photovoltaic technology, was also approved. by special scheme, Royal Decree 1565/2010 of 19 November 2010 regulating and amending certain aspects relating to the activity of the production of electrical energy by special scheme, or Royal Decree 1614/2010 of 7 December 2010, regulating and amending certain aspects relating to the production activity of electrical energy from solar thermal and wind technologies, which fundamentally introduced a limitation of the equivalent operating hours with the right to premium or equivalent premium of wind and solar installations thermoelectric.

These regulatory changes were added to a number of measures taken as a matter of urgency, such as those in Royal Decree-Law 6/2010 of 9 April 2010, of measures to boost the economic recovery and the employment, and in Royal Decree-Law 14/2010 of 23 December, establishing urgent measures for the correction of the tariff deficit in the electricity sector. In this last standard, in addition to creating a generation toll, the operating hours were limited with the right to pay the first of the photovoltaic plants (as had already been done for wind and thermoelectric technology in the Royal Decree). 1614/2010, of November 19), without prejudice to the extension, at the same time, of the period of perception of the same, which was later extended again through Law 2/2011, of 4 March, of Sustainable Economy.

When it was found that the measures taken from 2009 to 2011 had not been sufficient to achieve the purposes that inspired them, and that the regulatory framework suffered from certain inefficiencies which, having not been corrected Despite the intense effort of regulatory adaptation, they seriously compromised the financial sustainability of the system, proceeded to the approval, of the Royal Decree-Law 1/2012, of January 27, for which the suspension of the procedures for pre-allocation of remuneration and the abolition of economic incentives for new installations for the production of electrical energy from cogeneration, renewable energy sources and waste, as well as, subsequently, from Royal Decree-Law 2/2013 of 1 February 2013, for urgent measures in the electricity system and in the sector The Commission also considered that, in the light of the above, the Commission had not yet taken into account the fact that the Commission had not taken the necessary measures to ensure that the aid was not compatible with the common market. facilities of the so-called special scheme, while modifying the parameters of the updating of the remuneration of the regulated activities of the electrical system.

In this context, the need to guarantee the financial sustainability of the electricity system, to consolidate the continuous adaptation that the regulation had experienced in order to seek, among other aspects, the strict and correct application of the principle of reasonable profitability, and to undertake a review of the regulatory framework that would allow its best adaptation to the events that define the reality of the sector, the Royal Decree-Law 9/2013 was enacted, of 12 July, adopting urgent measures to ensure stability financial system.

The Royal Decree-Law 9/2013, of July 12, has therefore been an important measure in this field within the process of the reform of the electricity sector. This is how it incorporates a mandate to the Government to approve a new legal and economic regime for existing electricity production facilities from renewable energy sources, cogeneration and waste. (a) explicit reference to the specific principles on which the regime applicable to these plants will be articulated, in terms that have been subsequently integrated into Law 24/2013 of 26 December of the Electricity Sector and which are developed in the present royal decree. Both rules assume, in full line of continuity, one of the fundamental principles since their original wording in Article 30.4 of Law 54/1997 of 27 November 1997, namely that the remuneration schemes which are to be articulated must be allow such facilities to cover the costs necessary to compete on the market on an equal basis with the rest of the technologies and to obtain a reasonable return on the project as a whole.

II

According to this new framework, the facilities will be able to perceive during their lifetime regulatory, in addition to the remuneration for the sale of the energy valued at the price of the market, a specific remuneration composed by a term per unit of installed power covering, where applicable, the investment costs for each type installation which cannot be recovered by the sale of the energy on the market, which is referred to as remuneration for the investment, and a term the operation covering, where appropriate, the difference between the operating costs and the revenue per the participation in the production market of such a type facility, which is referred to as remuneration for the operation.

For the calculation of the remuneration for the investment and the remuneration for the transaction, the standard income for the sale of the energy valued at the market price, the standard costs of the market, shall be considered for a type installation. (a) the exploitation of the business and the standard value of the initial investment, all for an efficient and well-managed undertaking. A set of remuneration parameters will be established to be adopted, by order of the Minister of Industry, Energy and Tourism, for each of the different type of installations to be determined, the facilities being able to be segmented according to their technology, electrical system, power, seniority, etc.

In no case will the costs or investments that are determined by rules or administrative acts that do not apply throughout the Spanish territory be taken into consideration, and will be taken into account only those costs and investments that are exclusively related to the production of electrical energy.

The remuneration for the investment and, where appropriate, the remuneration for the operation will allow to cover the higher costs of production facilities from renewable energy sources, high efficiency cogeneration and waste, in such a way that they can compete on an equal basis with other technologies and can obtain a reasonable return by reference to the standard facility in each applicable case.

Additionally, the normative plasmation of the concept of reasonable profitability of the project is concrete, establishing it, in line with the judicial doctrine on the particular light in the last years, in a profitability before taxes located in the environment of the average yield of the State Obligations to ten years on the secondary market of the 24 months prior to the month of May of the year before the beginning of the regulatory period increased with a differential.

The granting of this specific remuneration scheme shall be established on a general basis by means of a competitive competition procedure, in accordance with the provisions of Article 14.7 of Law 24/2013 of 26 December.

Exceptionally, the specific remuneration scheme may also include an incentive for investment when its installation involves a significant reduction in costs in the systems of non-peninsular territories. This incentive will be established on the basis of the reduction of costs generated and not so much of the characteristics of the type installation, improving the profitability of the facilities granted by that incentive.

Regulatory periods of six years of duration are established, corresponding to the first regulatory period between the date of entry into force of Royal Decree-Law 9/2013 of 12 July, and 31 December 2019. Each regulatory period is divided into two three-year regulatory semi-periods, corresponding to the first regulatory semi-period between the date of entry into force of Royal Decree-Law 9/2013 of 12 July 2013 and 31 December 2011. 2016.

The remuneration parameters may be reviewed at the end of each semi-period or regulatory period in accordance with Article 14 (4) of Law 24/2013 of December 26.

In the review that corresponds to each regulatory period, all remuneration parameters may be modified and, among them, the value on which the reasonable profitability will be based on the regulatory life of the type facilities.

In no case, once the regulatory life or the standard value of the initial investment of a type installation is recognized, these values can be reviewed.

The three years of the beginning of the regulatory period will be reviewed for the rest of the regulatory period, the estimates of revenues from the sale of the generated energy, valued at the price of the production market, according to the the evolution of the market prices and the forecast of operating hours.

Production market price estimates will also be revised for the first three years of the regulatory period, adjusting them to actual market prices.

At least annually the remuneration values shall be updated for those technologies whose operating costs are essentially dependent on the price of the fuel.

In order to reduce the uncertainty regarding the estimation of the price of energy in the market that is applied in the calculation of the remuneration parameters, and which directly affects the remuneration obtained by the installation by the sale of the energy it generates, limits are defined above and below that estimate. Where the average annual price of the daily and intraday market is outside those limits, a positive or negative balance is generated, in annual computation, which shall be called the adjustment value for deviations in the market price, and which shall be offset against the length of the lifetime of the installation.

Once the facilities exceed the regulatory life, they will no longer receive the remuneration for the investment and the remuneration for the transaction. Such facilities may be kept in operation by exclusively perceiving the remuneration obtained by the sale of energy on the market.

The requirement for competitive competition procedures to grant the right to a specific remuneration scheme for renewable energy, cogeneration and waste facilities, as well as the promotion of these technologies participate in the market on an equal footing with other technologies, with the guidelines and policies of the European Union in support of renewable energy and environmental protection.

III

This royal decree determines the methodology of the specific remuneration regime, which will apply to production facilities from renewable energy sources, high-efficiency cogeneration and waste to which is granted to them.

To this end, the conditions, technologies or collective of concrete installations that will be able to participate in the competitive competition mechanism will be established by real decree, in accordance with the provisions of Article 14.7 of the Law 24/2013 of 26 December. They shall be subsequently fixed by the Minister for Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, the applicable remuneration parameters.

In the second additional provision is made this express recognition for the installations that at the entry into force of the Royal Decree-Law 9/2013, of July 12, have recognized the primate economic regime, which will have the right to the perception of the specific remuneration regime governed by this royal decree.

In addition, there are certain additional features necessary for the application of the new methodology to existing installations, while maintaining the principle of reasonable profitability of the investments in the legislation of the electricity sector. Among them, pursuant to the additional provision of Royal Decree-Law 9/2013 of 12 July 2013, it is established that the reasonable return on average return on the secondary market of the preceding 10 years will be made before tax. to the entry into force of the actual decree-law of the Obligations of the State to ten years increased by 300 basis points, all of this, without prejudice to the review provided for in article 14.4 of Law 24/2013, of December 26.

In the electrical systems of the non-peninsular territories, the electricity demand is covered, in a majority way, with thermal technologies of fossil origin, with the participation of the renewable energy sources still modest. However, the particularity is that in these systems, the cost of conventional generation is much higher than in the peninsular electrical system, resulting in lower the cost of generating the photovoltaic and wind technologies conventional thermal technologies. Therefore, the replacement of conventional generation by renewable generation would result in reductions in the extraction of electricity in the electrical systems of non-peninsular territories. Therefore, and in accordance with Article 14.7 of Law 24/2013 of 26 December, a specific remuneration scheme for new wind and photovoltaic installations and the modifications of the plants is laid down in the fifth additional provision. existing in these territories. In addition, an incentive for the reduction of generation costs is established with the aim of encouraging the rapid implementation of these facilities and therefore the reduction of costs of the system.

IV

At the same time as an amendment to the remuneration scheme for electrical energy production facilities from renewable energy sources, cogeneration and waste, it is necessary to proceed to the reordering of the administrative procedures with which they relate. To this end, it must be based on the regulatory duality affecting these facilities, which is reflected in an administrative regime for the purposes of the authorisations required for the operation, modification, closure, etc., on the one hand; and in another regime, different, for the purposes of the remuneration of its productive activities, configured within a single and non-fragmented system.

In the light of experience and case law in recent years, it is necessary to make certain improvements to clarify the division of competence in the various procedures relating to these facilities, in particular as regards the economic arrangements applicable to them. In addition, the mechanisms that allow the competent administration to grant the remuneration schemes are determined, having the necessary instruments for the control and the verification of the maintenance of the conditions which gave rise to the granting of such a remuneration scheme, while respecting the powers of the other bodies in respect of the authorisation schemes for such facilities.

According to the provisions of article 27 of Law 24/2013, of December 26, the organization of the register of specific remuneration is established in this royal decree, which will serve as a tool for the granting and adequate monitoring of such remuneration arrangements, and the procedures and mechanisms for registration in the remuneration scheme are regulated.

As for the scope of application, it should be noted that Law 24/2013, of 26 December, has eliminated the differentiated concepts of ordinary and special arrangements, in order to adapt to the current reality of the production of electrical energy from renewable energy sources, cogeneration and waste. In fact, in the initial regulations made in our country in relation to these technologies, it was generally linked to the fact that they belong to the same ones with the right to the perception of a primate economic regime. However, the current reality is different, as has been shown in the regulatory amendments adopted in recent years, since there are sufficiently mature technologies that could be economically viable without the need for the existence of support systems.

For this reason, this royal decree applies to all installations from renewable energy sources, cogeneration and waste.

This royal decree establishes its rights, obligations, the particularities of its functioning on the market and the procedures relating to the registration in the administrative register of energy production facilities power, where all of them must be registered. No power constraints are introduced for these installations, because their particularities must be due to their technology and energy sources used and not by other characteristics.

Therefore, the present royal decree goes a step further in the process of convergence of these technologies with conventional technologies, homogenizing their treatment.

However, the specific remuneration regime governed by this royal decree will only apply to certain installations within its scope, which for this reason will have to comply with additional requirements. and be subject to other procedures related to the granting of such a scheme.

On the other hand, the production facilities located in the non-peninsular territories shall be applicable to the provisions of this royal decree, without prejudice to the provisions of the regulatory regulations of the power of those territories. However, new cogeneration plants and those using primary energy biomass, biogas, geothermal energy and waste, located in non-peninsular territories, shall not be granted the regulated specific remuneration scheme. In this royal decree, they shall be paid in accordance with the provisions of the rules governing the electrical systems of the non-peninsular territories and may receive the additional remuneration for the installations of production located on such systems, provided that they meet the requirements and procedures laid down in that legislation, in accordance with Article 14.6 of Law 24/2013 of 26 December.

This royal decree, together with the other measures in the field of the electricity sector approved throughout 2013 and 2014, are within the National Reform Program, presented by the Government of Spain to the European Commission. on 30 April 2013, containing the Government's commitment to present a package of regulatory measures with a view to ensuring the financial stability of the electricity system.

According to the requirements of Article 5.2 and the transitional provision of Law No 3/2013 of 4 June, of the creation of the National Commission on Markets and Competition, this royal decree has been the subject of a report. The report has taken into account the observations and comments of the Electricity Advisory Council, through which the procedure for the application of the Directive has been taken into account. audience to the sector and consultations with the autonomous communities.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on June 6, 2014,

DISPONGO

TITLE I

General provisions

Article 1. Object.

The object of this royal decree is the regulation of the legal and economic regime of the activity of production of electrical energy from renewable energy sources, cogeneration and waste.

Article 2. Scope.

1. Installations for the production of electrical energy from renewable energy sources, cogeneration and waste belonging to the following categories, groups and groups shall be included in the scope of this Royal Decree. subgroups:

(a) Category (a): producers using cogeneration or other forms of electricity production from waste energy.

This category a) is categorized in turn into two groups:

1. Group a.1 Facilities including a cogeneration plant. This group is divided into the following subgroups:

Subgroup a.1.1 Cogenerations using natural gas as fuel, provided that it involves at least 95 percent of the primary energy used, or at least 65 percent of the primary energy used when the the rest comes from biomass or biogas from the groups b.6, b.7 and b.8; the percentages of the primary energy used are measured by the lower calorific value.

Subgroup a.1.2 Cogenerations that use as the main fuel derived from oil or coal, provided that it involves at least 95 percent of the primary energy used, measured by the lower calorific power.

Subgroup a.1.3 Rest of cogenerations using natural gas or petroleum or coal derivatives, and do not meet the consumption limits set for subgroups a.1.1 or a.1.2.

2. Group a.2 Facilities which include a power plant using residual energy from any plant, machine or industrial process whose purpose is not the production of electrical energy.

(b) Category (b): Facilities using as primary energy some non-fossil renewable energy:

This category b) is classified into eight groups:

1. Group b.1 Facilities using solar energy as primary energy. This group is divided into two subgroups:

Subgroup b.1.1 Installations that only use solar radiation as primary energy using photovoltaic technology.

Subgroup b.1.2 Facilities that only use thermal processes for the transformation of solar energy, such as primary energy, into electricity.

2. Group b.2 Installations that only use wind energy as primary energy. This group is divided into two subgroups:

Subgroup b.2.1 Wind installations located on land.

Subgroup b.2.2 Wind installations located in marine spaces, including both inland waters and the territorial sea.

3. Group b.3 Installations that only use as primary energy geothermal, hydrothermal, aerothermal, wave, tidal, hot and dry rocks, ocean thermal and energy of marine currents.

4. Group b.4 hydroelectric power stations with installed power not exceeding 10 MW. This group is divided into two subgroups:

Subgroup b.4.1 hydroelectric power plants whose hydraulic installations (dam or azud, outlet, channel and others) have been constructed exclusively for hydroelectric use.

Subgroup b.4.2 hydroelectric power stations that have been built on existing infrastructure (dams, canals or pipelines) or dedicated to other uses other than hydroelectric.

5. Group b.5 hydroelectric power plants with an installed power exceeding 10 MW. This group is divided into two subgroups:

Subgroup b.5.1 hydroelectric power stations whose hydraulic installations (dam or azud, outlet, channel and others) have been constructed exclusively for hydroelectric use.

Subgroup b.5.2 hydroelectric power stations that have been built on existing infrastructure (dam, channels or pipelines) or dedicated to other uses other than hydroelectric.

6. Group b.6 Power generation or cogeneration plants using as main fuel biomass from energy crops, from agricultural activities, livestock farming or from gardeners, from forestry and other operations silviculture in the forest masses and green spaces, in the terms set out in Annex I. The main fuel shall be that fuel which means at least 90 per cent of the primary energy used, measured by the power lower calorific value.

7. Group b.7 power generation or cogeneration plants using as main fuel bioliquid produced from biomass, the liquid fuel being understood as such for energy uses other than transport and including the use for the production of electrical energy and the production of heat and cold, or which use biogas from the anaerobic digestion of energy crops, agricultural debris, livestock dejections, biodegradable waste industrial installations, domestic waste and the like or sewage sludge residual or other for which the process of anaerobic digestion (both individually and in co-digestion) is applied, as well as the biogas recovered in the controlled landfills. All of this in the terms set out in Annex I. Fuel shall be understood as the main fuel which means at least 90 per cent of the primary energy used, measured by the lower calorific value.

That group is divided into two subgroups:

Subgroup b.7.1 Installations using controlled landfill biogas as the main fuel. These facilities will be able to source up to 50 percent of primary energy from biogas generated in digesters.

Subgroup b.7.2 Installations employing bioliquid main fuel or biogas generated in digesters from energy crops or agricultural debris, from livestock dejections, from biodegradable waste industrial installations, household waste or the like, sewage sludge or other sludge for which the process of anaerobic digestion is applied, both individually and in co-digestion. These facilities will be able to source up to 50 percent of primary energy from controlled landfill biogas.

8. Group b.8 Power generation or cogeneration plants using as main fuel biomass from industrial installations in the agricultural or forestry sector in the terms set out in Annex I. Fuel shall be understood as fuel The main fuel is at least 90 per cent of the primary energy used, measured by the lower calorific value.

(c) Category (c): facilities using energy-recovery waste not referred to in category (b) as primary energy, installations using fuels from groups b.6, b.7 and b.8 where they do not comply with the requirements consumption limits established for those sub-groups and facilities using black spirits.

This category c) is classified into three groups:

1. Group c.1 Central which uses domestic and similar waste as main fuel.

2. Group c.2 Central which uses as main fuel other wastes not covered by group c.1, fuels of groups b.6, b.7 and b.8 where they do not comply with the consumption limits laid down for those groups, black liqueurs and (a) to the effect of the entry into force of this royal decree in category c) group c.3 as provided for in Article 2.1 of Royal Decree 661/2007 of 25 May 2007 regulating the production of electrical energy in the special scheme.

3. Group c.3 Central that the entry into force of this royal decree was granted to category c) group c.4 provided for in article 2.1 of Royal Decree 661/2007, of 25 May, using as fuel products from mining companies of non-commercial qualities for electrical generation due to their high sulphur or ash content, representing waste more than 25% of the primary energy used.

For the purposes of the above, fuel shall be defined as the fuel for at least 70 per cent of the primary energy used, measured by the lower calorific value.

2. In any case, the possibility of hybridization of various fuels or technologies referred to in the previous paragraph shall be permitted.

3. For the purposes of this royal decree, biomass shall be understood as the biodegradable fraction of the products, wastes and residues of biological origin from agricultural activities (including substances of plant origin and (i) animal origin), forestry and related industries, including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste. Notwithstanding the above, the economic regime for the application of biomass shall be the result of classifying the facilities within the groups and sub-groups referred to in paragraph 1, and where appropriate, it shall be as provided for in Article 4.

All biomass that is used as fuel must comply with the applicable biomass sustainability regulations.

Article 3. Installed power.

The installed power shall correspond to the maximum active power that a production unit can achieve and shall be determined by the power smaller than those specified in the engine group characteristics plates, turbine or alternator installed in series, or where appropriate, when the installation is configured by several engines, turbines or alternators in parallel shall be the smallest of the amounts of the power plates of the engines, turbines or alternators that are in parallel.

In the case of photovoltaic installations the installed power will be the sum of the maximum unit powers of the photovoltaic modules that configure said installation, measured in standard conditions according to the standard UNE corresponding.

Article 4. Hybrid installations.

1. The specific remuneration scheme set out in this Royal Decree shall apply only to hybrid installations which are included in one of the following types:

(a) Type 1 hybrid: that installation incorporating two or more of the main fuels indicated for the groups b.6, b.8 and the black spirits of the group c.2, and which, as a whole, represent at least the annual calculation of the 90 percent of the primary energy used measured by its lower calorific powers.

b) Type 2 hybrid: that sub-group installation b.1.2 which additionally incorporates one or more of the main fuels indicated for the groups b.6, b.7 and b.8.

2. In the case of type 1 hybridization, registration in the register of specific remuneration and in the register of production facilities for electrical energy will be carried out in the majority fuel group detailing the rest of the fuels used, including the corresponding groups and the percentage share of each of them in terms of primary energy used.

For type 2 hybridization, the inscription will be performed in the subgroup b.1.2, detailing the other fuels used, including the corresponding groups or subgroups and the percentage of each one's participation. of them in terms of primary energy used.

3. The hybridization shall only apply between the groups specified in this Article in the case where the holder of the installation maintains a sufficient documentary record to enable the energy to be determined in a reliable and unambiguous manner. electrical produced attributable to each of the fuels and technologies of the specified groups.

4. In the case where any of the fuels or technologies used in the hybridization are added or removed in respect of those collected in the register of a specific remuneration scheme and in the register of electrical energy production facilities, the the operator of the installation shall communicate it to the competent authority to grant the authorisation, for the purposes of the registration of electrical energy production facilities, to the settlement body and to the Directorate-General for Policy Energy and Mines, for the purposes of the specific remuneration register. Justification for the origin of fuels not initially covered by the register and its characteristics, as well as the percentages of the participation of each fuel or technology in each group, shall be attached.

5. The hybrid installations referred to in this Article shall forward to the body responsible for the liquidation, before 31 March each year, a responsible declaration including the percentages for the participation of each fuel and/or technology in each of the groups and sub-groups indicating the annual quantity used in tonnes per year, their lower calorific value expressed in kcal/kg, the own consumption associated with each fuel, the energy conversion yields thermal power of the fuel in electrical energy, as well as supporting memory the quantity and provenance of the different primary fuels used.

TITLE II

Rights and obligations of electrical energy production facilities from renewable energy sources, cogeneration and waste

Article 5. Contracts with network companies.

1. The operators of the installations falling within the scope of this royal decree and the relevant distribution company shall enter into a contract for which the technical relations between the two shall be governed. The technical contract shall include at least the following aspects:

a) Connection and measurement points, indicating at least the characteristics of the control, connection, security and measurement equipment.

(b) Qualitative and quantitative characteristics of the transferred energy and, where appropriate, of the consumed energy, specifying power and forecasts for production, sales and consumption.

c) Contract termination or modification causes.

(d) Conditions of operation of the connection, as well as the circumstances in which the technical impossibility of absorption by the grid of the generated energy is considered.

2. In addition, in the case of connection to the transport network, they will sign a technical contract for access to the network in the terms provided for in Article 58 of Royal Decree 1955/2000 of 1 December 2000 on the transport, distribution, marketing, supply and authorisation procedures for electrical energy installations.

3. The signing of such contracts with the network operators shall require the accreditation of the administrative authorities of the generation facilities, as well as of the corresponding connection facilities from the same premises. up to the point of connection in the transport or distribution network, necessary for putting into service.

Article 6. Rights of producers of electrical energy from renewable energy sources, cogeneration and waste.

1. In accordance with the provisions of Article 26.1 of Law 24/2013 of 26 December of the Electrical Sector, the following rights shall be granted to the owners of the installations covered by this royal decree:

(a) Contreat the sale or purchase of electrical energy in accordance with the terms of Law 24/2013 of December 26 and its provisions for development.

b) Issue your energy through the system operator on the terms that are regulated.

c) Having access to the transport and distribution networks, in terms that are regulated as such.

(d) to receive the remuneration corresponding to them for their participation in the market for the production of electrical energy through any of its forms of procurement and, where appropriate, the specific remuneration scheme regulated in title IV of this royal decree.

e) Receiving the compensation to which they may be entitled for the costs incurred in cases of alterations in the operation of the system, in the cases provided for in Article 7.2 of Law 24/2013, of 26 December.

2. In accordance with the provisions of Article 26.2 of Law 24/2013 of 26 December, electrical energy from installations using renewable energy sources and, after that, that of high-efficiency cogeneration plants, Taking into account the definition provided for in Article 2 of Royal Decree 616/2007 of 11 May on the promotion of cogeneration, it shall be given priority for the release of economic conditions on the market, without prejudice to the requirements relating to: maintenance of the reliability and security of the system, in terms that are regulated determine by the Government.

Without prejudice to the security of supply and the efficient development of the system, electricity producers from renewable energy sources and high efficiency co-generation will have access priority and for the connection to the network, in the terms that are regulated, on the basis of objective, transparent and non-discriminatory criteria.

Article 7. Obligations of producers from renewable energy sources, cogeneration and waste.

In accordance with the provisions of Article 26.3 of Law 24/2013 of December 26, the owners of the installations included in the scope of the present royal decree, in addition to the provisions for the Producers in the rest of the implementing rules will have the following obligations:

(a) Dispose prior to the start of the discharge of energy to the grid, of the necessary electrical energy measurement equipment that will allow the energy produced, its liquidation, to be determined for each programming period; billing and control, as provided for in this royal decree and in the unified regulation of points of measurement of the electrical system, approved by Royal Decree 1110/2007, of August 24.

(b) that the facilities are registered in the administrative register of electrical energy production facilities under the Ministry of Industry, Energy and Tourism, in accordance with the provisions of Chapter II of the title V of this royal decree.

(c) All production facilities from renewable energy sources, cogeneration and waste with an installed capacity of more than 5 MW, and those with an installed capacity of less than or equal to 5 MW but which are part of a a grouping of the same sub-group in Article 2 whose total amount of installed powers is greater than 5 MW, shall be attached to a generation control centre, which shall act as a partner with the system operator, forwarding the information in the actual time of the installations and making their instructions executed with a view to ensure the reliability of the electrical system at all times.

In the electrical systems of non-peninsular territories, the previous power limit shall be 0,5 MW for installations or pools.

All production facilities from renewable energy sources, cogeneration and waste with installed power greater than 1 MW, or less than or equal to 1 MW but which are part of a grouping of the same subgroup of the Article 2 the total amount of installed powers greater than 1 MW shall be sent to the system operator, in real time, individually in the first case or in the second case. These telemetry shall be transmitted, in compliance with the requirements of Annex II, by the owners of the installations or by their representatives, and may be transmitted through the control centres of the distribution company if they so agree with is. The distribution network managers shall have access to the real-time telemedides of those installations connected to their networks.

For the purposes of this Article, a grouping of facilities that are connected at the same point of the distribution or transport network, or which have a common evacuation line or transformer, is defined for the purposes of this Article. considering a single point of the distribution or transport network, a substation or a processing centre. Likewise, those facilities that are in the same cadastral reference, considered to be in the first 14 digits, will be part of the same group. The installed power of a pool shall be the sum of the installed powers of the unit facilities that integrate it.

The costs of installation and maintenance of the generation control centres, including the installation and maintenance of the lines of communication with the system operator and, where appropriate, their making available to the management the distribution network, shall be on behalf of the generators attached to them. The communication of such generation control centres with the system operator shall be in accordance with the protocols and standards communicated by the system operator and approved by the General Directorate for Energy Policy and Mines.

The operating conditions of the control centres, together with the obligations of the generators from renewable energy sources, cogeneration and waste, in relation to the same, will be those established in the corresponding operating procedures.

(d) All installations or pools of installed power photovoltaic installations exceeding 2 MW, in accordance with the definition of the pool as set out in the previous paragraph, and wind installations shall be required to comply with the response requirements against voltage gaps established by the corresponding operating procedure.

The fulfilment of the obligations laid down in paragraphs (c) and (d) of this Article shall be a necessary condition for the perception of the specific remuneration scheme and shall be accredited to the body responsible for carrying out the liquidation. Otherwise, the revenue corresponding to the participation of the plant in the production market in any of its forms of procurement shall be collected. All without prejudice to the applicable sanctioning regime.

e) For power factor control tuning service:

i) The facilities shall be maintained, on an hourly basis, within the power factor range as set out in Annex III. This range may be amended on an annual basis, by a decision of the Secretary of State for Energy, on a proposal from the system operator and, in any case, between the extreme values of the power factor: 0,98 capacitive and 0,98 inductive. The range may be different depending on the geographical area, according to the needs of the system. This resolution shall be published in the Official Gazette of the State.

In the case of production facilities with an associated consumer, this requirement will be applied individually to the production facility.

Failure to comply with this obligation shall entail the payment of the penalty referred to in Annex III for the hours in which the non-compliance is incurred. This penalty may be reviewed annually by the Minister of Industry, Energy and Tourism.

(ii) Those installations whose installed power is equal to or greater than 5 MW, or 0,5 MW in the case of electrical systems in non-peninsular territories, shall follow the instructions which may be given by the operator. system for modification of the previously defined power factor range, depending on the system needs. In the event of non-compliance with these instructions, the penalty referred to in Annex III shall apply.

As provided for in the preceding paragraph, installations whose installed capacity is equal to or greater than 5 MW, or 0,5 MW in the case of electrical systems in non-peninsular territories, may participate voluntarily in the voltage control adjustment service applicable to producers from renewable energy sources, cogeneration and waste following the stress instructions in a given system node given by the operator of the system. The tension slogans, their follow up and the requirements to be fulfilled to be a supplier of this service will be established in the corresponding development provisions. The remuneration mechanisms shall be established by order of the Minister for Industry, Energy and Tourism. As long as such mechanisms are not developed, the penalty referred to in Annex III shall be applied in the event of non-compliance with the requirements laid down in this adjustment service.

On the basis of the other criteria laid down in regulation, the system operator shall consider to be preferred for dispatch purposes, to those generators which receive stress slogans.

In cases where the installation is connected to the distribution network, the modification of the power factor range applicable to the distribution network will take into account the limitations that the network manager can set distribution, for security reasons of your network. The distribution system operator may propose to the system operator any specific instructions it considers relevant, which shall be taken into account.

(iii) Without prejudice to the above, facilities that meet the requirements to be a supplier of the voltage control adjustment service of the existing transport network may voluntarily participate in that service adjustment, applying the remuneration mechanisms to be established by order of the Minister for Industry, Energy and Tourism. As long as such mechanisms are not developed, the penalty referred to in Annex III shall be applied in the event of non-compliance with the requirements laid down in this adjustment service.

Article 8. Referral of documentation.

1. The operators of the installations falling within the scope of this royal decree shall send to the Ministry of Industry, Energy and Tourism the information relating to the characteristics of the plant, its activity or any other aspect that is necessary for the compilation of statistics relating to the fulfilment of the national targets in the field of renewable energy and energy saving and energy efficiency, in the terms to be established.

2. The information relating to electrical energy shall be sent to the Ministry of Industry, Energy and Tourism or to the Agency responsible for the clearance of the information relating to electrical energy. generated, compliance with the equivalent electric performance and the primary energy saving percentage, to the volumes of fuel used, to the conditions which determined the granting of the specific remuneration scheme, to the costs or to the any other aspects which are necessary for the proper establishment and review of the remuneration schemes in the terms to be established.

3. The Minister for Industry, Energy and Tourism shall establish the content and information to be sent pursuant to the preceding paragraphs, their periodicity and the procedures for the referral of the same, which shall in any case be carried out. exclusively by electronic means.

TITLE III

Participation in the electricity market

Article 9. Market share.

1. Installations falling within the scope of this royal decree shall be subject to the rules governing the production market, with the particularities provided for in this Title.

2. Electrical energy production facilities shall be required to make economic offers to the market operator for each programming period either directly or through a representative, in accordance with the terms laid down in the rules with the exceptions set out in Article 24 (4) and Article 25 of Law 24/2013 of 26 December of 26 December, which are applicable.

The sales offers will be made according to the best possible forecast with the available data or in default, according to the production profiles listed in Annex IV of this royal decree.

The net power of the installation obtained as indicated in the regulations governing the capacity and hibernation mechanisms that will be dictated, will be the one used for market participation. For those installations for which the net power has not been defined, the installed power as defined in Article 3 shall be the power used for market participation.

3. The market operator and the system operator shall carry out the liquidations which correspond to the facilities for the market share and, on a monthly basis, both operators shall forward to the clearing body the information regarding the settlement made to the premises.

Article 10. Participation in system tuning services.

1. The installations covered by this royal decree may participate in the markets associated with the system of potestative adjustment services which are established in the light of the following:

a) Require prior system operator enablement.

(b) The minimum value of the tenders for participation in these system adjustment services shall be 10 MW, with this value being achieved as an aggregate offer of several facilities.

2. The Secretariat of State of Energy shall establish, by resolution, the criteria under which the different technologies covered by this royal decree may be considered fit for all or part of their capacity to participate in the services of adjustment, taking into account the different possibilities of hybridization, integrated operation of facilities and use of storage systems, among others.

This resolution will be published in the "Official State Gazette".

3. The enabling tests to participate in each of the adjustment services will be approved by resolution of the Secretary of State of Energy at the proposal of the Operator of the System, which will be published in the " Official Journal of the Status ".

4. Installations which have an obligation to comply with certain energy efficiency conditions, when they are programmed by technical restrictions, during the period corresponding to such programming shall be exempted from compliance with such requirements. obligation.

TITLE IV

Specific Remuneration Scheme

CHAPTER I

Granting and determining the specific remuneration scheme

Article 11. General aspects of the specific remuneration scheme.

1. In accordance with Articles 14 (4) and 14 (7) of Law 24/2013 of 26 December, the specific remuneration scheme for the promotion of the production of energy from renewable energy sources, cogeneration, is regulated in this Title. high efficiency and waste, which may be perceived by the facilities in addition to the remuneration corresponding to their participation in the market for the production of electrical energy through any of its procurement.

2. This remuneration scheme shall apply to production facilities from renewable energy sources, high-efficiency cogeneration and waste that does not reach the minimum level necessary to cover the costs to be used for competition. on a level of equality with other technologies on the market, obtaining a reasonable return on the type of installation that is applicable in each case.

3. The granting of this specific remuneration scheme shall be established by means of competitive competition which shall comply with the principles of transparency, objectivity and non-discrimination.

4. For the purposes of determining the specific remuneration scheme applicable in each case, each installation, depending on its characteristics, shall be assigned a type installation.

5. The specific remuneration of each installation shall be obtained from the remuneration parameters of the appropriate type of installation and the characteristics of the installation itself.

For the calculation of the remuneration parameters of the type installation the values that result from the competitive concurrency procedure will be applied.

6. This specific remuneration scheme shall be composed of:

(a) A remuneration term per unit of installed power referred to in Article 14.7.a) of Law 24/2013 of 26 December, which shall be referred to as remuneration for investment (Rincl) and shall be calculated in accordance with Article 16, expressed in €/MW. The determination of this parameter shall be considered to be the standard value of the initial investment resulting from the competitive competition procedure established to grant the specific remuneration scheme to each installation.

For the calculation of the annual income from the remuneration for the investment of an installation, the remuneration for the investment (Rincon) of the associated type installation shall be multiplied by the power with the right to a system specific remuneration, without prejudice to the correction according to the number of hours equivalent operating hours according to Article 21.

(b) A term of remuneration for the transaction referred to in Article 14.7.a) of Law 24/2013 of 26 December, which shall be referred to as remuneration for the operation (Ro) and shall be calculated in accordance with Article 17; expressed in €/MWh.

For the calculation of the income from the remuneration for the operation of an installation, the remuneration for the operation (Ro) of the associated type installation shall be multiplied for each period of liquidation sold on the production market in any of its forms of employment in that period, attributable to the power fraction entitled to a specific remuneration, without prejudice to the correction on the basis of the number of hours equivalent operation according to Article 21.

In application of Article 14.7 (d) of Law 24/2013 of 26 December of the Electrical Sector, for the subgroup b.1.2, the electrical energy attributable to the use of other fuels shall be excluded from the energy mentioned above, without prejudice to the provisions of Article 25 for hybrid installations.

For the purposes of this royal decree, for the calculation of the energy attributable to the power fraction entitled to specific remuneration, the corresponding energy shall be multiplied by the ratio resulting from dividing the power with a specific remuneration between the installed power.

7. For the determination of the power with the right to a specific remuneration system of an installation, the value of the power entered for that purpose shall be taken into the register of a specific remuneration in the state of operation for that purpose. installation.

8. Exceptionally, the remuneration scheme may include an incentive for investment for those installations of certain technologies located in electrical systems isolated from non-peninsular territories where they entail a global reduction. of the cost of generation in such systems, as set out in Article 18.

9. It shall be a necessary condition for obtaining the specific remuneration system governed by this Title which the installation consists of new and unused main equipment, without prejudice to the renewal programmes to be established. regulentarily.

Article 12. Granting of the specific remuneration scheme.

1. In order to grant the specific remuneration system governed by this Title, the conditions, technologies or collective of concrete installations which may participate in the competitive competition mechanism shall be established by means of a royal decree. as well as the assumptions on which it is based in accordance with the provisions of Article 14.7 of Law 24/2013 of 26 December.

2. Later on, the Minister for Industry, Energy and Tourism, after agreement of the Government's Delegation for Economic Affairs, will set out the remuneration parameters for the reference type facilities that will be object of the competitive competition mechanism, as well as the terms in which such a mechanism will be developed and those other aspects necessary for the subsequent registration of the facilities or modifications of the existing ones in the registration of specific remuneration in accordance with the provisions of Title V. This order also specify the assumptions provided for in Article 14.7 of Law 24/2013 of 26 December on which the granting of the specific remuneration scheme is based.

The order may provide that the remuneration scheme shall be granted for a given power value of a technology and established characteristics, not associated with a particular installation.

3. Once the competitive competition procedure has been completed, the Directorate-General for Energy Policy and Mines will decide on the decision in which the procedure is to be settled and will be entered in the register of specific remuneration in the the state of pre-allocation of the holders and the powers awarded. This resolution shall include the remuneration parameters of the type installation associated with each of the installations.

4. If, pursuant to paragraph 2, the remuneration scheme is granted for a given power value of an established technology and characteristics, not associated with a particular facility, and therefore not known at the time of registration in the registration of a specific remuneration scheme in the pre-allocation state the characteristics of the specific installation, certain fields defined in paragraph 1 of Annex V relating to the installation shall not be completed. These fields shall be specified in the application for registration of the installation in the register of specific remuneration in the holding state, where the power entered in the register in the pre-allocation state shall correspond to the Specific installations.

In any case, the type installation associated with the specific installations will be the one corresponding to the result of the competitive concurrency procedure.

Article 13. Type installations.

1. On the order of the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, a classification of type facilities will be established according to the technology, installed power, seniority, electrical system, as well as any other segmentation deemed necessary for the application of the remuneration scheme.

For each type installation that you define for these purposes, a code is set.

2. Each type facility shall be responsible for a set of remuneration parameters which shall be calculated by reference to the activity carried out by an efficient and well-managed undertaking, specifying the specific remuneration scheme and allowing the application of the same to the facilities associated with that type installation.

The most relevant remuneration parameters necessary for the application of the specific remuneration scheme shall, where appropriate, be as follows:

a) remuneration for investment (Rincv),

b) remuneration for the operation (Ro),

c) incentive to investment for reduction of generation cost (Iinv),

d) regulatory shelf life,

e) number of minimum operating hours,

f) Operating threshold,

g) the number of maximum operating hours for the purpose of the remuneration for the operation, if any,

h) upper and lower annual market price limits,

i) average daily market price and intraday.

Additionally, all the parameters necessary to calculate the above, in an enunciative and non-limiting manner, will be retributive parameters. The most relevant will be the following:

a) standard value of the initial investment of the type installation,

b) estimation of the daily and intraday market price,

c) number of hours of operation of the type installation,

d) estimation of future income from participation in the production market,

(e) other operating income as defined in Article 24,

f) estimate of future operating cost,

g) rate of update that takes as the value of reasonable profitability,

h) Type installation adjustment coefficient,

i) net asset value.

3. For the calculation of the remuneration parameters of the type installation, the criteria laid down in Articles 14.4 and 14.7 of Law 24/2013 of 26 December shall be considered.

In no case will the costs or investments that are determined by rules or administrative acts that do not apply throughout the Spanish territory be taken into consideration, and in any case, the costs and investments must be respond exclusively to the activity of electrical energy production.

Article 14. Criteria for the application of the specific remuneration scheme for each installation.

1. Depending on its characteristics, each installation will be assigned a type installation.

2. In the case where one of the characteristics to be considered for determining the type installation assigned to each installation is the power, the installed power of the plant shall be taken, unless it belongs to a set of installations, in which the sum of the installed powers of the unit facilities that are part of it will be taken.

For these purposes, they shall be part of a set of facilities that meet the criteria specified below for each of the groups and subgroups defined in Article 2:

(a) Category (a): For category (a) facilities, those that meet the criteria listed below:

1. Having in common at least one useful thermal energy consumer or the residual energy coming from the same industrial process.

2. º That the difference between their final registration dates in the administrative register of electrical power production facilities is not more than 60 months.

b) Categories b) and c):

I. For installations of groups b.1, b.2 and b.3, those which meet the criteria listed below:

1. º that connect at the same point of the distribution or transport network, considering a single point of the distribution or transport network, a substation or a transformation centre, or have a line or a transformer Common evacuation or found in the same cadastral reference, considered to be by its first 14 digits.

2. º That the difference between their final registration dates in the administrative register of electrical power production facilities is not greater than 36 months.

In the case of compliance with criteria 1. º and 2., when a facility accredits that there is no continuity between it and none of the facilities that satisfy those criteria, the unit installed power of installation and not the power of the set of installations. For these purposes, it is understood that there is continuity between two installations, in the case of subgroup b.2.1, when the distance between one of the wind turbines of different installations is less than 2,000 m, and in the case of sub-groups b.1.1 and b.1.2, when any of the physical elements or buildings of different installations are less than 500 metres.

II. For the installations of groups b.4 and b.5, those that meet the criteria listed below:

1. º That have the same altimetric take and drain within the same location.

2. º That the difference between their final registration dates in the administrative register of electrical power production facilities is not more than 60 months.

III. For the installations of groups b.6, b.7, b.8 and category c), those that meet the criteria listed below:

1. º that connect at the same point of the distribution or transport network, considering a single point of the distribution or transport network, a substation or a transformation centre, or have a line or a transformer Common evacuation or found in the same cadastral reference, considered to be by its first 14 digits.

2. º That the difference between their final registration dates in the administrative register of electrical power production facilities is not more than 60 months.

3. In the case of cogeneration installations, the ones with at least one useful thermal energy consumer in common.

3. For the purposes of the application of the specific remuneration scheme and the procedures with which it relates, references to the term of installation shall be construed as being made, where appropriate, to a remuneration unit.

A remuneration unit is defined as that part of the facility for which the securities necessary to settle the specific remuneration scheme are the same for all the elements that make up such a remuneration unit; and different from those of another remuneration unit of the facility.

For the purposes of considering the remuneration units in the settlement system, the reading officers shall assign as many new Production Facility Codes for the purposes of Liquidation (CIL) as in their case necessary, in order to ensure that there is no more than one remuneration unit included in the same CIL.

Article 15. Regulatory periods.

1. The regulatory periods will be consecutive and will last for six years. Each regulatory period will be divided into two three-year regulatory semi-periods.

2. Reviews of the remuneration parameters may be carried out at the end of each regulatory period and each regulatory semi-period as set out in Article 14.4 of Law 24/2013 of 26 December, and Articles 19 and 20 of this Regulation. decree.

Article 16. Remuneration for the investment of the type installation.

1. The value of the remuneration for the investment of the type facility per unit of power shall be calculated, in reference to the activity carried out by an efficient and well managed undertaking, in such a way as to compensate for the investment costs that have not yet been incurred. have been recovered according to the net value of the asset and which cannot be recovered by the operating income provided for the remaining period of the installation until the regulatory life is reached. Operating income shall include income from the sale of energy on the daily and intraday market and, where appropriate, income from the remuneration for the operation and the revenue provided for in Article 24.

2. The remuneration for the investment (Rinv_{j, a}) of the type facility with definitive operating authorisation in the year "a", of the regulatory semi-period "j", shall be calculated as follows:

Where:

Rinv_{j, a}: Remuneration for the annual investment per unit of power that corresponds to the type facility with definitive operating authorisation in the year "a", each year of the regulatory semi-period "j", expressed in €/MW. The value of Rinv is the same in each year of a regulatory semi-period.

C_{j, a}: Coefficient adjustment of the type facility with definitive operating authorization in the year "a" for the regulatory semi-period "j" expressed as per one. The adjustment coefficient represents the same for one of the investment costs of the type installation that cannot be recovered by the sale of energy on the market.

For the calculation of the adjustment coefficient, the net value of the asset of the type facility at the beginning of the regulatory period shall be considered, the estimate of the revenue and the operating costs of the type facility up to the end of its regulatory life, and the corresponding update rate. The calculation methodology is set out in Annex VI.

VNA_{j, a}: Net value of the asset per unit of power, at the start of the "j" regulatory semi-period, for the type facility with definitive operating authorisation in the year "a", expressed in €/MW. The net asset value of the type per unit of power facility shall be the net value of the asset at the beginning of the preceding regulatory period, the estimate of revenue and costs with which the calculation of the parameters was performed. (a) in the previous semi-period and the adjustment value per deviation in the market price in the preceding regulatory period, all of which were updated with the value of the corresponding update rate. Annex VI sets out the methodology for the calculation of the net asset value of the type installation per unit of power.

t_j: An update rate that takes as the value of the fair return established for the "j" regulatory semi-period, expressed as per one. This fee shall be the rate for the entire regulatory period in accordance with Article 19.

VRj,: Residual life of the type installation, understood as the number of years missing from the beginning of the regulatory semi-period "j" to the type installation to reach its regulatory life, according to the value established by order of the Minister for Industry, Energy and Tourism.

Article 17. Remuneration for the operation of the type installation.

1. The remuneration for the operation per unit of energy of the type facility shall be calculated in such a way as to add to the estimate of the operating income per unit of energy generated equal to the estimated operating costs per unit of energy generated from such an installation, all in reference to the activity carried out by an efficient and well-managed undertaking.

2. The values of the remuneration for the operation and the types of installation to which it applies shall be approved by order of the Minister for Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, where the number of maximum operating hours for which the installation is entitled to receive such remuneration for the operation may be established.

As a result of revisions and updates to the specific remuneration scheme provided for in Article 20.2, new types of facilities may be removed or incorporated into which the remuneration for the benefit is applied. operation.

Article 18. Incentive to investment for reduction of generation cost.

1. The installations of those technologies which can be installed in the electrical systems isolated from the non-peninsular territories may be able to receive the incentive for the investment to reduce the cost of generation, provided that this is determined by order of the Minister for Industry, Energy and Tourism, and the following expression is fulfilled:

Being:

Cvg_j: Annual generation variable cost, applicable to the regulatory semi-period j, expressed in euro. This value shall be calculated on each individual electrical system as the sum of the variable cost remuneration for the generation of the power plants located in that system, published by the system operator at the last definitive annual settlement of the office, plus, where appropriate, the variable costs of generating the power plants located in that isolated system, not covered by the system operator and approved in the last Resolution of the Directorate-General for Policy, Energy and Mines The final compensation for these systems is approved.

Egbc_j: Generated energy measured in central bars corresponding to the final final annual clearance of the dispatch by the System Operator, expressed in MWh, applicable to the regulatory semi-period j.

Rinv_j: Remuneration for the planned investment for the installation reference type per unit of power in the regulatory semi-period j, expressed in €/MW.

Nh_j: The average number of hours of operation of the reference type installation used in the calculation of the parameters of that installation in the regulatory semi-period j.

Ro_j: Remuneration for the average operation planned for the reference type installation in the regulatory semi-period j, expressed in €/MWh.

A_j: Coefficient, expressed by one, that determines the threshold for the incentive to the investment incentive to reduce the generation cost applicable in the regulatory semi-period j, which is establish by order of the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs.

Pm_j: Estimated average market price, in the regulatory semi-period j, which has been used in the calculation of the parameters of the reference type installation, expressed in €/MWh.

2. The incentive for the reduction of the generation cost will be established for each regulatory semi-period according to the following wording:

Iinv_j: Incentive to investment by reduction of application generation cost in the regulatory semi-period j, expressed in €/MWh.

B_j: Coefficient of the applicable incentive, expressed as per one, in the regulatory semi-period j, to be established by order of the Minister of Industry, Energy and Tourism, after agreement of the Commission Government Delegate for Economic Affairs.

The right to receive the incentive for the reduction of the cost of generation granted to a facility will be applicable throughout the regulatory life. The value of the incentive shall be reviewed in each regulatory semi-period, in the event of a negative value being taken as a zero value.

3. At the request of the Minister for Industry, Energy and Tourism, maximum time limits may be laid down for compliance with the requirements of Article 46 below those provided for in general, which shall be binding in order to comply with the requirements of Article 46. the right to the investment incentive to reduce the cost of generation.

Article 19. Review of the value on which the reasonable return will be made.

1. The value on which the fair return of the type-premises shall be based shall be calculated as the average of the performance of the 10-year State Obligations on the secondary market of the 24 months prior to the month of May of the year preceding that of the start of the increased regulatory period in a differential.

Revisions of the value on which the fair return will be applied will apply in what is a regulatory useful life of the type facilities.

2. Before 1 January of the last year of the corresponding regulatory period, the Minister of Industry, Energy and Tourism will raise to the Council of Ministers a preliminary draft law in which a proposal of the value that will take the differential will be collected referred to in the preceding paragraph in the following regulatory period, in accordance with the criteria set out in Article 14.4 of Law 24/2013 of 26 December.

To fix this value, the Ministry of Industry, Energy and Tourism will be able to obtain a report from the National Commission of the Markets and the Competition to be issued before 1 July of the penultimate year of the regulatory period. as well as contract the services of an independent specialised entity.

Article 20. Review and update of the remuneration parameters.

1. Without prejudice to the provisions of Article 19, at the end of each regulatory period the rest of the remuneration parameters may be reviewed by order of the Minister of Industry Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs.

In this review, all the values of the remuneration parameters may be modified in accordance with the provisions of Article 14.4 of Law 24/2013 of 26 December.

However, neither the regulatory life nor the standard value of the initial investment of the type installation may be reviewed.

2. At the end of each semi-regulatory period, it will be possible to review, by order of the Minister of Industry Energy and Tourism, with the agreement of the Delegation of the Government for Economic Affairs, the estimates of the standard income of the the type of plant for the sale of the energy valued at the market price, as well as the remuneration parameters directly related to the market.

As a result of this review, new types of facilities will be able to be removed or incorporated into which the remuneration for the operation will apply.

3. At least annually, in accordance with the methodology to be established, the remuneration shall be reviewed for the type of installations to which it is applicable and the operating costs of which are essentially dependent on the Fuel price.

As a result of this annual review, no new types of facilities will be eliminated or incorporated into which the remuneration for the transaction will apply.

Article 21. Corrections of annual income from the specific remuneration scheme of an installation as a result of the number of hours equivalent to the operation of the facility.

1. Annual revenue from the specific remuneration scheme of an installation whose number of hours of operation equivalent in that year does not exceed the number of hours of minimum operating hours of the type-installation corresponding, shall be reduced as set out in this Article and shall be void if it does not exceed the operating threshold.

2. For these purposes, the number of hours of operation of an electrical power production facility in a given period is defined as the ratio between the energy sold on the market in any of its forms In the same period, it is expressed in kWh, and the installed power, expressed in kW. In the case of cogeneration installations the energy generated in central bars shall be considered.

3. The number of minimum operating hours and the operating threshold shall be established for each type of installation by order of the Minister for Industry, Energy and Tourism, with the agreement of the Government's Delegation for Affairs Economic.

In any case the operating threshold shall be less than the minimum number of hours of operation.

The values of the minimum operating hours number and the operating threshold may be reviewed in accordance with Article 20.2.

4. The annual revenue from the specific remuneration scheme of an installation shall be adjusted according to the number of hours equivalent to the operation of the installation as follows:

(a) In the event that the number of hours of operation equivalent of the installation is greater than the number of hours of the minimum operating hours of the type installation in that year, no reduction shall be made in the the annual income from the specific remuneration scheme.

(b) Where the number of hours of operation equivalent of the facility is between the operating threshold and the number of hours of minimum operating equivalent of the type installation in that year, reduce the annual income from the specific remuneration scheme in proportion. To this end, the value of the annual income from the specific remuneration scheme shall be multiplied by the coefficient 'd' which shall be calculated as follows:

Where:

Nh_inst: The number of annual operating equivalent hours of the installation, expressed in hours.

Uf: The operation threshold of the type installation in a year, expressed in hours.

Nh_min: The number of minimum operating hours of the type installation in a year, expressed in hours.

(c) In the event that the number of equivalent hours of operation of the facility is below the operating threshold of the type installation in that year, the operator shall lose the right to the scheme. specific remuneration in that year.

5. In addition to the annual correction described in the preceding paragraphs, three corrections shall be made on account of the final annual correction. These corrections shall be made at the end of the first, second and third quarter of each year. To this end, it will be established for each type installation, by order of the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, the number of hours of minimum operating hours and the threshold for periods from 1 January of that year to 31 March, until 30 June and until 30 September respectively.

In these corrections the methodology set out in the preceding paragraphs shall apply, considering for the corrections of the end of the first, second and third quarters that the references made to annual periods are performed at periods of three, six and nine months, respectively.

6. In the case of changes in the remuneration parameters or the installation data affecting the calculation methodology during the period analysed, it shall be applied independently in each of the Member States. subperiods in which the period analysed should be divided, so that these values remain constant in the subperiod. Each subperiod shall comprise one or more complete calendar months.

7. For installations applying for temporary waiver of the specific remuneration scheme, as provided for in Article 34, the number of hours of minimum working equivalent and the threshold for the operation of the corresponding type-installation, calculate proportionally to the period in which such temporary waiver is not applicable.

8. This Article shall not apply during the first and last calendar year in which the accrual of the specific remuneration scheme occurs.

Article 22. Market price estimation and adjustment for market price deviations.

1. The market price estimate for each year of the regulatory semi-period shall be calculated as the arithmetic mean of the quotations for the corresponding annual futures contracts traded on the organised electricity futures market. by OMPI for a period of six months prior to the start of the semi-period for which the market price is estimated.

The six months to consider for the above market price estimate will be the last available at the time the review is performed.

This estimate will be approved by order of the Minister of Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs.

2. They will be established for each type of installation, by order of the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, two upper limits called LS1 and LS2 being LS1 less than LS2, and two lower limits called LI1 and LI2 being LI1 greater than LI2, around the estimated market price that has been considered in the calculation of the remuneration parameters.

3. Where the average annual price of the daily and intra-day market is outside those limits, a positive or negative balance shall be generated, in annual computation, which shall be called the adjustment value for deviations in the market price and shall be calculated, for the year 'i' of the regulatory semi-period 'j', as follows:

(a) In the event that the average annual and intraday market price has been higher than LS2:

Vajdm_{i, j} = Nh_{I, j} * 0.5 * (LS1_{i, j}-LS2_{i, j}) + Nh_{i, j} * (LS2_{i, j}-Pm_{i, j})

(b) Where the average annual market price of the daily and intraday market has been between LS1 and LS2:

Vajdm_{i, j} = Nh_{i, j} * 0.5 * (LS1_{i, j} -Pm_{i, j})

c) In the event that the average annual market price of the daily and intraday market in the year "i" has been greater than LI1 and less than LS1:

Vajdm_{i, j} = 0

(d) Where the average annual market price of the daily and intraday market in the year 'i' is between LI1 and LI2:

Vajdm_{i, j} = Nh_{i, j} * 0.5 * (LI1_{i, j} -Pm_{i, j})

e) In the event that the average annual daily and intraday market price in the year "i" has been lower than LI2:

Vajdm_{i, j} = Nh_{i, j} * 0.5 * (LI1_{i, j}-LI2_{i, j}) + Nh_{i, j} * (LI2_{i, j} -Pm_{i, j)}

Being:

Vajdm_{i, j}: Adjustment value for deviations in the daily and intraday market price in the year "i" of the "j" regulatory semi-period, expressed in €/MW.

Nh_{i, j}: Number of hours of operation of the type facility used in the calculation of the remuneration parameters of that type facility for the year "i" of the regulatory semi-period "j", expressed in hours.

Pm_{I, J: Average Annual Daily And Intraday Market Price In The Year "I" Of The "J" Regulatory Semi-Period, Expressed In €/MWh.}

4. The National Markets and Competition Commission will calculate the average annual price of the daily and intraday market. This calculation shall be carried out for each calendar year as an arithmetic mean of the hourly and intraday market prices. The value obtained shall be published annually before 30 January of the following year on the website of that body.

For the last calendar year of each regulatory semi-period, the average annual daily and intraday market price shall be calculated as the moving average, from the 12 months prior to 1 October, of the hourly prices of the daily market. and intraday weighted with the energy married in those markets in each hour. The value obtained shall be published before 15 October of that year.

5. The adjustment value per deviation in the market price shall be calculated on an annual basis and shall be compensated for the remainder of the lifetime of the installation as provided for in Annex VI.

When at the end of each regulatory semi-period the remuneration parameters of the type facilities for the following semi-regulatory period under Article 20 are reviewed, they shall be considered as the Calculation of the net asset value of the type facility, the adjustment values per deviation in the market price of the previous years has not been passed until that time, as set out in Annex VI.

6. At the end of the regulatory life of an installation or in the case of loss of the specific remuneration scheme, the positive or negative balances of the market price deviation adjustment values of those years that have not been passed on until that time as provided for in the previous paragraph, shall be settled by the settlement body in the six settlement settlements after the end of the regulatory life of that facility or the date of the settlement. of resignation. For the period in which the average annual and intraday market price is not known, the settlement shall be carried out in the six settlements following the publication of the average annual daily market price and corresponding intraday market. In the last calendar year of accrual of the specific remuneration scheme, the settlement of the balance of the adjustment value for market price deviation shall be proportional to the number of months in which the adjustment is due to the scheme retributive.

Article 23. Remuneration for participation in the system adjustment services.

In addition to the specific remuneration scheme provided for in Article 11, those facilities which, as provided for in Article 10, participate in the adjustment services of the system shall receive the remuneration. established in the applicable implementing rules.

Article 24. Public aid and other income derived from the holding.

1. Without prejudice to the specific remuneration scheme provided for in this Title, calls for public aid for regulated installations may be established in this royal decree.

Prior to the granting of the specific remuneration scheme by registration in a holding state, a responsible declaration shall be submitted in accordance with the model set out in Annex VII, whether or not some public support has been received.

If any public assistance is received after the submission of the said responsible declaration, this circumstance shall be communicated by electronic means, within the maximum period of three months from the date of its concession, to the Directorate-General General Energy Policy and Mines and the body responsible for settlement, in accordance with the model set out in Annex VIII.

In the event that public aid is received, the specific remuneration scheme may be reduced to 90% of the amount of public aid received in terms of the terms to be laid down by ministerial order.

In the case of State aid which has been considered when calculating the remuneration parameters, the sentence provided for in the preceding paragraph shall not apply, provided that it is expressly provided for in order of the Minister for Industry, Energy and Tourism.

2. For the facilities of category (a), account shall be taken for the calculation of the specific remuneration scheme of the type installation, the standard income indirectly from the associated useful heat output.

The calculation of these revenues will be done by valuing the useful heat at the alternative cost of producing it by conventional equipment that will use the same type of fuel as the cogeneration installation.

3. For the premises of groups b.7 and c.2, as referred to in Article 2, account shall be taken of the calculation of the specific remuneration scheme of the type of revenue or standard avoided costs to be established by the Order of the Minister of Industry, Energy and Tourism in terms of recovery and disposal of waste.

For the installations of the group c.1, as referred to in Article 2, account shall be taken for the calculation of the specific remuneration scheme of the type of standard revenue to be established by the Order of the Minister for Industry, Energy and Tourism related to waste disposal charges.

Article 25. Remuneration of hybrid installations.

1. The hybrid installations covered by Article 4 which are recognised as having the right to a specific remuneration scheme shall have the following particularities:

(a) The annual revenue from the remuneration for the investment shall be calculated in accordance with the remuneration parameters and criteria to be approved by the Minister for Industry, Energy and Tourism, subject to the agreement of the Government Delegate Committee for Economic Affairs.

(b) The annual revenue from the remuneration for the operation applicable to the electricity sold on the production market in any of its forms of procurement shall be determined according to the percentage of primary energy provided through each of the technologies and/or fuels, as set out in Annex IX.

2. Settlements shall be made on account of the closing settlement of the current year. To this end, the latest data available by the body responsible for the liquidation of the percentages of fuels used by the plant shall be taken. Once the documentation provided for in Article 4.5 has been received, the settlement shall be carried out on the basis of the percentages actually used.

3. Where the documentation provided for in Article 4.5 is not sufficient to determine in a clear and unequivocal manner the percentage of primary energy contributed in the previous year for each fuel, it shall be settled on the basis of lower remuneration parameters for the different fuels or technologies used, without prejudice to the provisions of Article 33.

Article 26. Remuneration effects of the modification of the facilities entitled to the perception of specific remuneration.

1. The specific remuneration scheme governed by this Title shall be recognised for each installation with the technical characteristics which it possesses at the time of the application for registration in the register of a specific remuneration scheme in the State of exploitation.

2. Any modification of an installation entitled to a specific remuneration or of its fuels, in relation to the characteristics which it has at the time of making the application for registration in a state of operation, may give rise to place of change in the remuneration scheme, in accordance with the following paragraphs:

(a) The investments made shall not be entitled to the recognition of remuneration for the additional investment to the previously granted investment, nor to the remuneration for the operation for the increase of the energy corresponding to the modification.

(b) In the case where the power of the installation is increased, the electrical energy generated imputable to the enlarged power fraction shall not be entitled to the charging of the operation. For each unit of energy generated, the energy fraction with the right to pay shall be pro rata.

In the same way, it will be performed in cases where other modifications are made to the installations that result in an increase in the generated power.

(c) In the event that the modification involves a change of the type to which it is associated and which involves a modification of the remuneration to the operation, the following shall be done:

1. º If the new Ro value is less than the Ro value applicable to the installation before modification, the new Ro value will be taken.

2. º If the new Ro value is greater than the Ro value applicable to the installation before modification, the Ro value will not be modified.

d) If a modification is made to the installation involving a reduction of its installed power, the installation shall only be entitled to receive the remuneration for the investment corresponding to the resulting installed power of the modification.

3. The remuneration effects of the modification of an installation shall apply from the first day of the month following the date of completion of that amendment, as defined in accordance with Article 51.1.

4. Those amendments to which a specific remuneration scheme is expressly granted in accordance with the procedure laid down in Article 12 shall not apply to them as set out in paragraphs 2 and 3 of this Article.

Article 27. Energy efficiency conditions of the generations.

1. Cogeneration installations which have a specific remuneration scheme shall comply with the definition of high efficiency cogeneration as set out in Article 2 of Royal Decree 616/2007 of 11 May 2007 on the promotion of cogeneration.

2. These installations shall calculate and credit the actual percentage primary energy savings achieved by their installation in each year in accordance with the terms of Royal Decree 616/2007 of 11 May, by electronic means to the agency. in charge of the liquidation before 31 March of the following year. To this end, they must prove and justify the useful heat produced by the plant and actually used by the consumer plant. In order to be considered as high-efficiency cogenerations, they must exceed the minimum required in this royal decree.

3. The calculations referred to in the previous paragraph are excluded from the periods in which the installation has been programmed by the system operator to maintain its production when the associated consumer reduces the power demanded by the response to a power reduction order.

4. In the case where there is a transfer of thermal energy produced, the formalisation of one or more contracts for the sale of thermal energy shall be necessary for the total useful heat of the plant.

5. High-efficiency cogeneration installations in which the use of useful heat is carried out for the purposes of use as heat or cold for air conditioning of buildings, may be used on a voluntary basis particularities for the application of the specific remuneration scheme to be established by order of the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegated Committee for Economic Affairs.

CHAPTER II

Devengo and liquidations of the specific remuneration scheme

Article 28. Accrual of the remuneration scheme.

1. The specific remuneration scheme shall start from the later date of the first day of the month following the date of the final operating authorisation of the installation and on the first day of the month following the date of the date of registration in the register of specific remuneration in the pre-allocation state. The accrual of the remuneration for the investment and the remuneration for the transaction shall be produced up to the date of addition to the date of commencement of the accrual, the period corresponding to the regulatory life of the type-installation, the value of which is publish by order of the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs.

2. In those cases where the accrual of the specific remuneration scheme does not occur during a full calendar year, the income from the remuneration for the investment shall be calculated in proportion to the period in which the accrual occurs and the income from the remuneration for the operation shall be calculated with the energy discharged in the period in which the remuneration scheme is paid.

In the case of installations whose accrual of the specific remuneration scheme ends in a calendar year in which it is not possible to calculate the remuneration parameters of the type installation for the purpose of the end of the service life regulatory of the same, the installation shall receive during the corresponding months of that year, the specific remuneration regime in force of the type installation on the last day of the previous regulatory semi-period.

3. For the purpose of calculating the specific remuneration scheme which corresponds to an installation in a given period of time, when changes in the remuneration parameters or in the data of the installation are made during that period, affect the specific remuneration scheme of the scheme, that period shall be divided into sub-periods and the specific remuneration for each of them shall be calculated, the specific remuneration corresponding to the installation in the period as the sum of the remuneration for each subperiod. Each subperiod shall comprise one or more complete calendar months.

Article 29. Liquidations of the specific remuneration scheme.

1. The amounts corresponding to the specific remuneration scheme regulated in this royal decree shall be subject to the general settlement procedure provided for in Law 24/2013 of 26 December and in its implementing legislation.

Settlements shall be carried out on a monthly basis by the body responsible for the settlement of the closing of each year, without prejudice to subsequent regularisations in accordance with the implementing rules.

2. Installations which have the right to the collection of the specific remuneration scheme shall, in accordance with the provisions of this Title

settle with the competent body either directly or through its representative.

The settlement body will issue monthly bills on behalf of and on behalf of third parties, in accordance with current regulations. The amount of such invoices shall correspond to the amounts actually paid on account, after taking into account the financing of transitional deviations and adjustments. Also, by supplementing the invoices, documentation will be sent monthly with the accumulated information of the amounts paid to account and the forecast of the outstanding in the current year. Finally, the corresponding summary invoice of the payments to account actually paid in each financial year shall be issued.

3. The body responsible for liquidations may appoint a third party to manage the payments corresponding to the concepts set out in the preceding paragraphs, subject to the authorisation of the Secretary of State for Energy. The approved undertaking shall be independent of the generation and distribution activities and designated in accordance with the law of public sector contracts.

CHAPTER III

Inspections, waiver and defaults

Article 30. Inspections of production facilities with specific remuneration arrangements.

The competent authority of the General Administration of the State shall carry out periodic and random inspections of production facilities with specific remuneration for the verification of compliance with the requirements necessary for the granting and maintenance of such a right.

Article 31. Definitive waiver of the specific remuneration scheme.

1. Installations which are granted the right to the specific remuneration of the scheme may, at any time, give the scheme a definitive withdrawal.

2. The waiver shall be directed to the competent body for the liquidation and to the General Directorate of Energy Policy and Mines. Such waiver shall result in the cancellation of the entry in the specific remuneration register.

3. The waiver submitted by the holders of facilities entered in the register of specific remuneration in the pre-allocation state shall have the effect of the execution of the security deposited in accordance with Article 44.

The waiver submitted by the holders of facilities entered in the register of a specific remuneration scheme in a state of operation shall mean that they shall henceforth receive the revenue corresponding to their participation in the production market in any of its forms of procurement, and which in no case may subsequently be awarded any of the remuneration concepts provided for in this royal decree.

Article 32. Failure to comply with energy efficiency conditions.

1. For installations which have an obligation to comply with the required energy efficiency requirements, and which have not complied with these requirements in the case of one year, the annual revenue from the scheme shall be corrected. Specific remuneration, taking into account only the electricity produced by the cogeneration plant which, together with the useful heat, represents the minimum primary energy saving required to be considered as high-efficiency. Such electricity shall be calculated in accordance with the provisions of Royal Decree 616/2007 of 11 May. To this end, the revenue which would have been allocated to the installation of the specific remuneration scheme for the electricity ratio shall be multiplied by a percentage primary energy saving equal to the minimum required for electricity. total net generated.

2. Those installations which have not carried out the communication of the data relating to the performance of the energy efficiency conditions or which, following the completion of an inspection, cannot prove that the conditions of energy efficiency required, shall be considered as non-compliant for all purposes, without prejudice to the provisions of Article 34.

3. The body responsible for carrying out the liquidations shall notify the person concerned of the non-compliance with the energy efficiency conditions and shall forward the notification to the Directorate-General for Energy Policy and Mines.

In the event that a second non-compliance occurs after that notification, the procedure for cancellation of the registration in the register of specific remuneration in the state of exploitation shall be initiated, without prejudice to the relevant sanctioning procedure.

4. In cases where the plant has not produced electricity during the whole of the period considered and the specific remuneration scheme has not been received, the latter shall not be obliged to comply with the conditions laid down in this Regulation. energy efficiency required or the communication of the data relating to them during that period.

Article 33. Non-compliance with limits on fuel consumption according to categories, groups and sub-groups.

1. Those facilities with a specific remuneration scheme which do not comply, in annual calculation, with the fuel consumption limits set out in Article 2 of the groups and sub-groups to which they belong, shall be settled on the basis of the classification. which would correspond to them in relation to the percentage of fuel actually used.

The body responsible for carrying out the settlements shall notify the person concerned of such non-compliance and shall forward the notification to the Directorate-General for Energy Policy and Mines.

In the event that a second non-compliance occurs after that notification, the procedure for the modification of the specific remuneration record of the group and sub-group of the facility shall be initiated, assigning the group to which it should belong based on the percentage of fuel actually used.

2. Those facilities which, having regard to the percentage of fuel actually used in one year, cannot be classified within the groups and sub-groups of Article 2 shall not be entitled to the corresponding specific remuneration scheme. the year of the non-compliance, only by perceiving the price of the production market.

The body responsible for carrying out the settlements shall notify the person concerned of such non-compliance and shall forward the notification to the Directorate-General for Energy Policy and Mines.

In the event that a second non-compliance occurs after that notification, the procedure may be initiated for the cancellation of the registration of the specific remuneration scheme in the State of exploitation and, where appropriate, the appropriate sanctioning procedure may be initiated.

3. The above paragraphs shall also apply to hybrid type 1 installations in relation to the limits on the consumption of fuels as set out in Article 4.

4. The facilities of the sub-group b.1.2 may use equipment using a support fuel for the maintenance of the temperature of the heat-transmitting fluid to compensate for the lack of solar irradiation that may affect the intended delivery. energy.

Non-hybrid installations whose electrical generation imputable to the support fuel, calculated according to the methodology established by the Minister of Industry, Energy and Tourism, will exceed 12 percent of the total annual the total production of electricity and hybrid installations, the electrical generation of which is attributable to the support fuel other than hybridization, calculated in accordance with the methodology laid down by the Minister for Industry, Energy and Tourism, surpass in annual computation 10 percent of total electricity production shall be entitled to the specific remuneration scheme for the year of non-compliance.

The body responsible for carrying out the settlements shall notify the person concerned of such non-compliance and shall forward the notification to the Directorate-General for Energy Policy and Mines.

In the event that a second non-compliance occurs after that notification, the procedure for the cancellation of the registration in the register of a specific remuneration in the state of exploitation and the appropriate sanctioning procedure may be initiated.

5. Those installations which have not communicated the fulfilment of the requirements of the preceding paragraph, or which, after carrying out an inspection, are unable to prove compliance with the notified values, shall be deemed to be all effects, as non-compliance with the limits laid down, without prejudice to the provisions of Article 34.

Article 34. Temporary waiver of the specific remuneration scheme for the generations and facilities referred to in Article 33 (2), (3) and (4

.

1. The cogeneration plant and the facilities referred to in Article 33 (2), (3) and (4) may communicate the waiver temporarily to the specific remuneration scheme covered by this Title. During that period, compliance with energy efficiency requirements and compliance with the fuel consumption limits laid down in Article 33 shall not be required for them and shall only receive the revenue which they provide. correspond to the participation of the plant in the production market in any of its forms of procurement.

2. In any event, the communication referred to in the previous paragraph shall be forwarded to the Directorate-General for Energy Policy and Mines and to the competent body for the settlement, indicating the date of application and duration. total of the said period. The communication shall also be forwarded to the competent body which authorised the installation.

3. Several periods of temporary waiver may be requested for the specific remuneration scheme per year. In any case, each of the periods shall be constituted by complete calendar months and shall be as the starting date of the first day of the month for which the temporary waiver is requested.

TITLE V

Administrative procedures and records

CHAPTER I

General provisions

Article 35. Administrative powers.

1. It is the responsibility of the General Administration of the State, through the Directorate General of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, without prejudice to the powers conferred by other departments ministerial:

(a) The administrative authorisation for the implementation of new installations for the production of electrical energy from renewable energy sources, cogeneration and waste, and modification of existing ones, as well as for the transmission, temporary closure and final closure of the same, in the following cases:

i) Peninsular facilities, including their evacuation infrastructures, of installed electrical power exceeding 50 MW.

(ii) Facilities, including their evacuation infrastructures, that exceed the territorial scope of an Autonomous Community.

iii) Facilities located in the territorial sea.

iv) installed electrical power installations exceeding 50 MW located in non-peninsular territories, when their electrical systems are effectively integrated with the peninsular system.

(b) The registration in the administrative register of electrical energy production facilities, as well as the modification or cancellation of such inscriptions, of those facilities for the production of electrical energy from renewable energy sources, cogeneration and waste whose competence for administrative authorisation is the responsibility of the Directorate-General for Energy Policy and Mines, and the taking of reason in that register of the entries of the other facilities regulated in this royal decree.

(c) The granting of the specific remuneration regime governed by Title IV of this royal decree, as well as the verification of compliance by the holders of the facilities with the conditions required to have the right to their perception and, where appropriate, the revocation of that right.

(d) the entry in the register of a specific remuneration scheme, as well as the modification or cancellation of such inscriptions of the electrical energy production facilities from renewable energy sources; High efficiency and waste cogeneration.

2. The above powers shall be without prejudice to any other powers that may be relevant to each body in respect of installations subject to this regulation.

Article 36. Authorization of installations.

1. The procedure for granting administrative authorizations for the operation, modification, transmission, temporary closure and final closure of the facilities referred to by this royal decree, when it is competition from the General Administration of the State, shall be governed by the rules governing the production of electrical energy, or offshore wind generation plants, without prejudice to the provisions of the General Administration of the State. concessions and authorisations which are necessary, in accordance with other provisions which result applicable, which may be prior to the authorisation of installations as in the case of water supply for hydroelectric power plants.

2. In order to obtain the authorization of the installation, it will be an essential prerequisite to obtain the access permits and connection to the corresponding transport or distribution networks for the entire power of the installation.

CHAPTER II

Procedures relating to the administrative registration of electrical power production facilities

Article 37. Registration in the administrative register of electrical energy production facilities.

1. The electrical energy production facilities included in the scope of this royal decree must be registered in the administrative register of installations of production of electrical energy dependent on the Ministry of Industry, Energy and Tourism.

Each installation will be entered in the appropriate section depending on its power, according to the following:

(a) Facilities with an installed capacity of more than 50 MW shall be entered in the first section of that register.

(b) Facilities with an installed capacity of 50 MW or less shall be entered in the second section of that register.

As expressly provided for in this royal decree concerning the said registration, the provisions of Chapters I and II of Title VIII of Royal Decree 1955/2000 of 1 December 2000 on the transport, distribution, marketing, supply and authorisation procedures for electrical energy installations.

2. The registration procedure in this register will consist of a pre-registration phase and a definitive registration phase.

3. The facilities required to do so must make prior to the definitive registration a test to credit their gross, net and minimum power, as indicated in the regulations governing the mechanisms of capacity and hibernation that in their case is dictated. Such powers shall be entered in the relevant register section.

Article 38. Coordination with the Autonomous Communities and with other bodies.

1. Without prejudice to the provisions of the previous Article, the autonomous communities may create and manage the relevant territorial registers.

2. To ensure the interchangeability of the inscriptions between the administrative register of electrical energy production facilities and the autonomic records that may be constituted, as well as the agility and homogeneity in the remission of Data between the General Administration of the State and the Autonomous Communities is set out in Annex X to the registration model. The communication of the register data between the Autonomous Communities and the Ministry of Industry, Energy and Tourism shall be carried out exclusively by electronic means through the procedure established for these purposes.

3. The Directorate-General for Energy Policy and Mines shall provide electronic access to the administrative register of electrical energy production facilities to the competent bodies of the autonomous communities of the inscriptions affecting the its territorial scope, as well as the competent body to carry out the liquidation, to the National Markets and Competition Commission, to the system operator and to the market operator, so that they may be aware of the entries and modifications made to the registry.

Article 39. Pre-registration.

1. The application for prior registration shall be accompanied, at least, by:

a) The provisional exploitation authorization for testing.

(b) The technical contract with the distribution company or, as the case may be, a technical contract for access to the transport network referred to in Article 5 of this royal decree.

(c) The certificate issued by the person in charge of the reading, certifying compliance with the provisions of the unified regulation of points of measurement of the electrical system, approved by Royal Decree 1110/2007, of 24 August, with detail of the Production Installation Code for the purposes of Liquidation (CIL).

d) The report of the transmission system operator, or of the distribution network manager where appropriate, that the appropriate completion of the access and connection procedures and compliance with the requirements of the network information, technicians and operational procedures established in the operating procedures, including the attachment to a generation control centre with the requirements set out in this royal decree.

2. In the case of installations for which the General Administration of the State is competent, the application for prior registration shall be addressed to the Directorate-General for Energy Policy and Mines and presented by the holder of the the installation or by whom it represents the owner, tenant, hydraulic concessionaire or holder of any other right that links him to the operation of a facility. That request shall be accompanied by the data contained in Annex X.

The application for prior registration shall be settled by the Director General of Energy Policy and Mines within the maximum period of one month from the date of application for registration.

3. In the case of installations for which the autonomous communities are competent, within the maximum period of one month from the registration of the installation in the autonomous register, the competent autonomous community must transfer the This registration, through electronic procedures, to the General Directorate of Energy Policy and Mines for the reason of the prior registration in the administrative register. The date of the prior registration of the installation in the register shall be that which the autonomous body has entered in its decision.

4. The formalization of the prior registration will give rise to the allocation, by the Directorate General of Energy Policy and Mines, of an identification number in the registry, which will be communicated to the competent autonomous community to the the latter shall be notified to the person concerned. This notification shall be made by the Directorate-General for Energy Policy and Mines in the case of installations for which the General Administration of the State is competent.

5. The formalization of the prior registration in the administrative register of power production facilities dependent on the General Directorate of Energy Policy and Mines, will be considered a sufficient requirement to comply with Article 4 (a) of Royal Decree 2019/1997 of 26 December 1997 on the organisation and regulation of the market for the production of electrical energy, and shall be notified to the person concerned.

6. The registration of the installation in the register of installations of production of electrical energy with prior character shall allow the operation in tests of the same.

The electricity that could have been poured into the network as a result of a test run, prior to the definitive operating authorisation, will be entitled to exclusively perceive the price of the market.

Article 40. Final registration.

1. It shall be necessary for the final entry in the register that the facility has final operating authorisation.

2. In the case of installations for which the General Administration of the State is competent, the application for final registration shall be addressed to the Directorate-General for Energy Policy and Mines, accompanied by the accreditation of the compliance with the requirements for the production market subjects and, where appropriate, the results of the gross, net and minimum power test referred to in Article 37.

The application for final registration shall be settled by the Director General of Energy Policy and Mines within the maximum period of one month from the date of application for registration.

3. In the event that the jurisdiction for the decision of the application corresponds to an autonomous community, it shall, within the maximum period of one month from its decision, communicate by electronic means the registration of the installation in the register For the reason of the definitive registration in the administrative register of installations of electric power production to the General Directorate of Energy Policy and Mines. The date of the final registration of the installation in the register shall be the date of entry of the autonomous body in its decision.

4. The Directorate General for Energy Policy and Mines will communicate the formalization of the definitive registration in this register and the corresponding identification number, to the autonomous community that is competent. The authority responsible for granting the administrative authorization of the installation shall notify the applicant and the distributor or carrier. The latter notification shall be made by the Directorate-General for Energy Policy and Mines in the case of installations for which the General Administration of the State is competent.

5. In cases where the competition to resolve corresponds to the Directorate-General for Energy Policy and Mines, the final registration and the state of exploitation in the register of installations of the production of electrical energy and in the register of specific remuneration, respectively.

Article 41. Expiration and cancellation of prior enrollment.

The prior registration of an installation in the administrative register of power production facilities dependent on the General Directorate of Energy Policy and Mines will be cancelled if, after three months since the person concerned was notified, the person concerned would not have applied for the final registration. However, this cancellation will not occur in the event that the competent authority gives reasons for an extension because there are reasonable grounds for the registration to remain on the register, which must be communicated by the authority. competent, where appropriate, to the Directorate-General for Energy Policy and Mines, expressing the maximum period during which the validity of the registration should be extended.

Article 42. Cancellation and revocation of final registration.

1. The final registration shall be cancelled in the administrative register of electrical energy production facilities, in the following cases:

a) Cese of the activity as a production facility from renewable energy sources, cogeneration and waste.

(b) Revocation by the competent authority of the facility, in accordance with the applicable rules.

2. The cancellation of the final registration shall take place on its own initiative or at the request of the person concerned, subject to the instruction of a procedure which shall, in any event, guarantee the hearing to the person concerned.

In cases where the Directorate-General for Energy Policy and Mines is competent, the maximum period for resolving this procedure and notifying its resolution shall be six months.

3. The competent authority shall, in the case of facilities for autonomic competence, communicate the cancellation or revocation and any other impact of the final registration on the register, the person concerned and the Directorate-General of Energy Policy and Mines within the maximum period of one month from the time it takes place for the purpose of the administrative registration of electrical energy production facilities.

The Directorate-General for Energy Policy and Mines, for its part, will communicate such a reason, or the corresponding resolution in the case of installations of its competence, to the distributor or carrier, to the an operator of the market, the operator of the system, the authority responsible for conducting the liquidation and the independent community which is competent.

CHAPTER III

Procedures relating to the specific remuneration scheme register

Article 43. Registration of a specific remuneration scheme.

1. The register of specific remuneration shall be governed by the provisions of this Chapter in terms of its organisation and operation.

2. The purpose of the specific remuneration register shall be to provide for and appropriate monitoring of the specific remuneration of production facilities from renewable energy sources, high-efficiency cogeneration and wastes.

3. The entries in the specific remuneration register shall be entered in one of the following two states: state of pre-allocation or state of operation. In order to be able to register in the register in a state of operation, registration with a pre-assignment status will be a necessary condition.

No installation that is already registered in any state can be entered in the pre-assignment status record.

The registration resolution in the pre-allocation state register shall grant the holder the right to receive the specific remuneration scheme provided for in Title IV, subject to compliance with the requirements laid down in the Article 46 and the registration of the installation in the register in a state of operation.

4. For the purposes of collecting the specific remuneration scheme provided for in Title IV, it shall be necessary for the facilities to be registered in the register of specific remuneration in the state of operation.

For the purpose of calculating the remuneration for each installation, the information contained in the specific remuneration register shall be taken, without prejudice to any other information which may have other effects on the recording of electrical energy production facilities or other regional registers.

5. The registration in this register will be the responsibility of the General Directorate of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism.

6. As provided for in Article 27.6 of Law 11/2007 of 22 June 2007 on the electronic access of citizens to public services, applications relating to the various procedures relating to the registration of a remuneration scheme It shall be submitted exclusively by electronic means, with electronic certificate, in the electronic register of the Ministry of Industry, Energy and Tourism.

The communications between the applicant and the instructor shall be conducted exclusively through electronic means. If such electronic means are not used, the competent administrative body shall require the appropriate remedy, warning that, if the requirement is not met, the presentation shall lack validity or effectiveness.

7. The decisions of the Directorate-General for Energy Policy and Mines provided for in this Chapter shall not put an end to the administrative route and may, consequently, be the subject of an appeal to the Secretary of State for Energy, in accordance with established in Articles 114 and 115 of Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

8. The National Commission of the Markets and the Competition, for the proper performance of the functions attributed to it by Law 3/2013, of 4 June, of creation of the National Commission of the Markets and the Competition will have access to electronic all the information in the specific remuneration register, as well as the data in the settlement system.

Article 44. Guarantees.

1. For the entry in the register of specific remuneration in the pre-allocation state, the presentation, before the General Directorate of Energy Policy and Mines, of the safeguard of the General Deposit Box of the Deposits deposited an economic guarantee with the amount specified in the order of the Minister for Industry, Energy and Tourism.

The guarantee will be constituted in the form of cash or collateral provided by credit institutions or mutual guarantee companies, in accordance with the provisions of Royal Decree 161/1997 of 7 February, approving the Regulation of the General Deposit Box.

The object of the guarantee shall be the registration of the installation in the register of specific remuneration in the state of operation, in compliance with the requirements laid down in Article 46.

The person or entity constituting the guarantee shall agree with the applicant for the registration of the specific remuneration scheme in the pre-allocation state.

It shall be expressly stated in the guarantee that the guarantee is lodged for the purposes of compliance with the provisions of this Article.

2. By order of the Minister for Industry, Energy and Tourism, certain installations may be exempted from the obligation laid down in paragraph 1 of this Article, when they are in an advanced state of processing or construction. or when they are of reduced power.

3. Prior to the resolution of registration in the register of specific remuneration in the state of pre-allocation, the person concerned may withdraw from it and request the cancellation of the guarantee.

4. Once the application for registration in the register of a specific remuneration in the pre-allocation state has been resolved, the inadmission or dismissal of the same shall be considered sufficient reason for the cancellation of the guarantee, which must be requested. such cancellation by the person concerned with the Directorate-General for Energy Policy and Mines.

5. Once the application for registration in the register of specific remuneration in the pre-allocation state has been resolved, the withdrawal in the construction of the installation will entail the execution of the guarantee.

However, the General Directorate of Energy Policy and Mines may exempt the execution of the guarantee deposited by the owner of an installation, if the withdrawal in the construction of the same is given by preventing circumstances which were neither directly nor indirectly attributable to the person concerned and were thus requested by the person concerned from the Directorate-General for Energy Policy and Mines prior to the deadline for compliance with the requirements set out in Article 46.

6. Also, if the applicant does not respond within a maximum period of three months to the requirements of the Administration of information or action, the request shall be deemed to be withdrawn. The information requirement shall be expressly set out in application of Article 92 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 45. Procedure for registration in the register of specific remuneration in pre-allocation status.

1. The application for registration in the register of a specific remuneration in a pre-allocation state shall be addressed to the Directorate-General for Energy Policy and Mines accompanied by the guarantee of the General Deposit Box of the deposited the economic guarantee provided for in Article 44 and the documentation to be determined in the rules governing the competitive competition procedure. That application shall also be accompanied by the data referred to in paragraph 1 of Annex V.

2. In the resolution for which the installation is entered in the pre-allocation state register, the identification number, which shall be included in future communications, as well as the deadline for the fulfilment of the requirements, shall be recorded. set out in Article 46.

3. The maximum period for issuing and notifying the resolution as defined in the preceding paragraph shall be three months.

The Directorate-General for Energy Policy and Mines shall communicate that resolution to the competent authority to authorize such installation through electronic means.

The decision to award the competitive competition and registration procedure in the register of a specific remuneration in the pre-allocation state should be published in the "Official Gazette of the State", The standard value of the initial investment of the type installation determined by that procedure.

Article 46. Requirements for registration in the register of specific remuneration in the state of operation.

In any case, in order for an installation to be registered in the register of a specific remuneration in a state of operation, the following are essential requirements:

(a) that the installation is completely completed by the deadline, which is determined by the calculation of the maximum period and, as such, unextendable, to be established by order of the Minister of Industry, Energy and Tourism from the publication of the decision to award the procedure for competitive competition and registration in the register of specific remuneration in the state of pre-allocation in the Official Gazette of the State.

In cases where such award and registration is a consequence of the proper enforcement of the judgment of an administrative or judicial remedy, the maximum period shall be computed from the notification to the interested in the act of execution.

For the purposes set out in this royal decree, an installation will be considered to be fully completed if it has all the elements, equipment and infrastructures that are necessary to produce energy and to pour it into the system. electrical energy, including, where appropriate, storage systems, has obtained the final registration in the administrative register of electrical energy production facilities dependent on the competent authority and has started to pour electric power.

The accreditation of the commencement of the discharge of electrical energy must be carried out by means of a certificate issued by the person in charge of the reading in which the measures and the dates of reading are expressly indicated. For these purposes, the reading officer shall make a reading within the maximum period of 15 days from the communication by the operator of the installation of the start of the discharge in evidence.

(b) the installation complies with the requirements and conditions relating to its characteristics established by the Minister of Industry, Energy and Tourism.

However, the power of the installation or, in the case provided for in Article 12.4, the sum of the power of the installations, may differ from the power recorded in the pre-allocation state, with the following effects:

1. If the installed power or the sum of the installed powers is less than that recorded in the pre-allocation state register, the power with the right to pay specific remuneration shall be entered in the register in State of operation shall be the power finally executed, in accordance with the provisions of Article 47.2.

2. º If the installed power or the sum of the installed powers is greater than that recorded in the pre-allocation state, the power with the right to the specific remuneration to be entered in the register in the state The operation shall be the power entered in the pre-allocation state.

Article 47. Procedure for registration in the register of specific remuneration in the state of operation.

1. The holder of the entry in the register of specific remuneration in the pre-allocation state shall apply for registration in the register of specific remuneration in the state of operation to the Directorate-General for Energy Policy and Mines before the end of the maximum period of one month from the deadline defined in Article 46 (1) (a).

This application shall include the data referred to in paragraph 2 of Annex V. The operator of the installation consisting of the administrative register of electrical energy production facilities must agree with the holder of the installation. registration in the register of a specific remuneration scheme.

It shall also be accompanied by the communication on public aid, as provided for in Article 24.1, of a statement responsible in accordance with the model set out in Annex XI in which it is stated that it is comply with the requirements laid down in Article 46 and the certificate of the person in charge of reading as defined in paragraph 1 (a) of that Article, from which it can be ascertained unequivocally that the discharge had been initiated by the deadline. of electrical energy.

2. The Directorate-General for Energy Policy and Mines, after verification of compliance with the requirements laid down in Article 46, shall, if appropriate, decide to register the installation in the register of a specific remuneration scheme in the holding, cancelling the registration in that register in the pre-allocation state, and issuing the order for the cancellation of the guarantee as defined in Article 44.1 of its own motion, without prejudice to the following.

If the power entered in the register in the holding state or, in the case provided for in Article 12.4, the sum of the powers of the facilities, is less than that which was recorded in the register in the pre-allocation state, the registration in the pre-allocation state shall be cancelled in respect of the registration of the registered power on the holding. In addition, a cancellation order shall be issued for the fraction of the security corresponding to that power, unless the difference between the said powers is less than 5% of the power originally entered in the register in the state of pre-allocation and the guarantee fraction is less than EUR 1000, in which case the guarantee cancellation order for the entire power shall be issued.

Also, after the maximum period set in paragraph 1 of this article has elapsed, the cancellation procedure for non-compliance with the registration in the pre-allocation state corresponding to the the difference between the powers referred to in the preceding paragraph, in accordance with Article 48. Such cancellation shall have the effect of the execution of the portion of the security corresponding to that difference, except in cases where the latter has been cancelled as provided for in the preceding paragraph.

The Directorate-General for Energy Policy and Mines, prior to issuing the registration resolution in the register in a state of exploitation, may request the competent authority to grant the administrative authorization, to the reading officer or the operator of the installation, additional information regarding the installation for correct registration in the registry.

3. The maximum time limit for issuing and notifying the registration resolution in the holding state shall be three months.

The Directorate-General for Energy Policy and Mines shall notify the person concerned of the resolution of registration in the register of specific remuneration in the state of exploitation defined in the previous paragraph and shall communicate it to through the electronic means to the competent authority to authorise the installation, the settlement body, the system operator and the market operator.

4. In the case provided for in Article 12 (4), the holder shall submit an individual application for each installation he intends to register on the farm register, specifying the other applications submitted for the registration. same registration identification code in the pre-assignment status record.

The entries shall be made in the order requested by the holder or, if there is no express expression in this regard, by order of submission of applications.

5. The registration of the installation in the register of specific remuneration in the state of operation shall be a requirement necessary for the application to that installation of the specific remuneration scheme governed by this royal decree.

Article 48. Cancellation for non-compliance with the registration of the specific remuneration scheme in the pre-allocation state.

1. In those cases where the holder does not, within the time limit laid down in Article 47.1, apply for registration in the register of a specific remuneration in a state of operation for all the power registered in the State The General Directorate for Energy Policy and Mines may initiate the cancellation procedure for non-compliance with the registration of the specific remuneration scheme in the pre-allocation state in accordance with the provisions laid down in this Regulation. in this Article.

The cancellation procedure shall also be initiated for non-compliance after the maximum period laid down in Article 47.1 has elapsed, in cases where the application for a declaration has been rejected or rejected. registration of a specific remuneration scheme in the state of operation.

The aforementioned cancellation procedure will, in any case, include the hearing to the person concerned.

2. The cancellation by non-compliance with the registration of a specific remuneration in the pre-allocation state shall mean the loss of the rights associated with it and the execution of the security deposited in accordance with the Article 44 of this royal decree, without prejudice to the provisions in relation to the guarantees in Article 47.2.

3. The Directorate-General for Energy Policy and Mines shall notify the person concerned of the termination of cancellation for non-compliance with the registration of specific remuneration in the pre-allocation state. It shall also communicate that resolution, through the electronic means defined in Article 52.5, to the competent authority to authorise the installation.

4. In the default cancellation procedure regulated in this article, the maximum time limit for resolving and reporting will be six months from the date of the initiation agreement issued by the General Directorate of Energy Policy and Mines.

Article 49. Cancellation of registration in the register of specific remuneration in the state of operation.

1. The following shall be grounds for the cancellation of the registration of an installation in the register of specific remuneration in the holding:

a) Closing the installation.

(b) Revocation by the competent authority of the authorisation which, where appropriate, served as the basis for registration in the pre-allocation state.

(c) Resign to the specific remuneration scheme.

(d) Alteration or falsehood in the documentary record relating to hybrid installations governed by Article 4.3.

e) If, as a result of an inspection or of any other valid means, the non-compliance with the requirements of Article 46 is found.

(f) The failure to comply with the obligation of communication provided for in Article 51.1, as well as the finding of falsehood in the information presented therein.

g) The omission of the communication set out in Article 24.1 relating to the collection of public aid after the application for registration in the register of specific remuneration in the state of operation.

h) If it is found that modifications have been made that have reduced the value of the initial installation investment, as it was configured at the time of the registration request of a specific remuneration scheme in the state of operation, without a similar reduction of the installed power.

i) The reiteration of non-compliance with energy efficiency conditions, in accordance with the terms of Article 32.3.

(j) The reiteration of the non-compliance provided for in Article 33 (2), (3) and (4) relating to the limits established for the consumption of fuels.

k) If, as a result of an inspection or of any other valid means of law, it is found that the conditions for granting the specific remuneration scheme are not maintained.

l) If it is found that there is falsehood in the responsible statements or in the remaining documentation submitted to the administration in relation to the perception of the specific remuneration regime.

m) Any other non-compliance with the obligations and requirements foreseen in this royal decree.

2. The cancellation of the entries in the register of specific remuneration in the state of exploitation shall take place at the request of the person concerned or on his own initiative, subject to the instruction of a procedure which shall, in any event, ensure that the interested.

The maximum period for resolving this procedure and notifying its resolution will be six months from the date of the initiation agreement issued by the General Directorate of Energy Policy and Mines.

3. The competent authority of the General Administration of the State shall carry out periodic inspections and verifications of the facilities entered in the register of specific remuneration in the state of operation to verify compliance with the the requirements laid down in the rules and the maintenance of the conditions which have been used to grant the specific remuneration scheme. If it is established by any means that the installation has ceased to be the creditor of the right granted, the procedure of cancellation of the registration in the register in the state of exploitation shall be initiated.

4. The cancellation of the registration of an installation in the register of a specific remuneration scheme in a state of operation shall have the effect of the loss of the remuneration scheme provided for in Title IV from the date on which the requirements to be entitled to their perception, and, where appropriate, the drawback of the amounts unduly received, with the corresponding interest on late payment, including the amounts reintegrated as liquidable income of the system. All without prejudice to the applicable sanctioning regime.

5. The Directorate-General for Energy Policy and Mines shall notify the person concerned of the decision to cancel the registration in the register defined in this Article and shall communicate it by electronic means to the body responsible for authorizing the the facility, the settlement body, the system operator and the market operator.

6. Once the period of accrual of the specific remuneration scheme has been completed, as provided for in Article 28, the Directorate-General for Energy Policy and Mines will automatically cancel the registration of the installation in the registration of a specific remuneration scheme. Such cancellation, which shall take effect from the date of the end of the said period, shall be communicated to the person concerned. It shall also communicate such cancellation by electronic means to the competent authority to authorise the installation, the settlement body, the system operator and the market operator.

Article 50. Amendment of data on facilities entered in the register of the specific remuneration scheme.

1. The holders of the facilities which have been registered in the register of specific remuneration in the state of pre-allocation or exploitation shall inform the Directorate-General for Energy Policy and Mines of any changes to the the information contained in the register relating to the operators of the premises, within a maximum of one month of the date of the establishment, without prejudice to the authorisations which are required in advance of this communication under cover of the as provided for in Article 36. These amendments include, inter alia, changes in the name, social reason or address of the holder and the mergers, removals or divisions of companies affecting the ownership of the premises.

The General Directorate of Energy Policy and Mines will resolve the request by modifying, where appropriate, the data contained in the register. Such amendments shall take effect on the first day of the month following the date of the decision.

Changes relating to the contact details of the holders and the domicile for the purpose of notifications shall not require express resolution and shall have effect from the presentation of the communication in the electronic register. corresponding.

2. Furthermore, if the data contained in the register is found to be inaccuracy, the Directorate-General for Energy Policy and Mines may modify, ex officio or at the request of the interested parties. The time limit for resolving this procedure shall be six months.

Article 51. Administrative procedures for remuneration relating to the modification of facilities with the right to the collection of specific remuneration.

1. The holders of the facilities registered in the register of specific remuneration in the state of operation shall communicate to the Directorate-General for Energy Policy and Mines any modification of the installation in relation to the characteristics that the latter had at the time of the application for registration in the register of specific remuneration in the state of operation or any change in the fuel used initially communicated.

shall be exempted from the obligation to communicate those actions on the installation whose object is the maintenance of the installation, provided that they do not involve the modification of the technical characteristics of the installation which was considered for the granting of the remuneration scheme and does not affect the income from the specific remuneration scheme of the installation.

This communication shall be carried out by means of the model of responsible declaration contained in Annex XII, and shall be accompanied by a preliminary draft of the amendment made and, if required, of the holding authorisation. final. It shall be submitted by electronic means within a maximum of one month from the date of such modification or the change of fuel, indicating, in those cases where the final operating authorisation is not required, the date of that the said modification was completely finalized.

For these purposes, in those cases where the issue of the authorization of definitive exploitation of the modification by the competent organ is required, it shall be taken as the date of the realization of the modification of that authorisation. Where it is not mandatory, the date on which the modification was completely completed will be taken.

The previous communication shall be without prejudice to the authorizations that are required under the other implementing rules, or the communications that are necessary for the modification of the registration in the administrative registration of electrical energy production facilities by the competent body.

2. In those cases where, in the light of the communication referred to in the preceding paragraph, it is necessary to amend the data for the installation entered in the register of specific remuneration in the state of operation, the Directorate-General for General Energy Policy and Mines will resolve to modify the aforementioned registration.

3. In the case of amendments to which a specific remuneration scheme is expressly granted, it shall not apply to them as set out in paragraphs 1 and 2 of this Article. In this case, in order to be entitled to the perception of the scheme, the registration procedures must be complied with in the register of specific remuneration in the pre-allocation state and, subsequently, operating, regulated in this chapter.

4. The data to be entered in the register of specific remuneration in the holding state shall be used for the purposes of remuneration and shall include only those amendments which are to be taken into account for the calculation of the remuneration. remuneration of the modified installation, irrespective of any other data which may be recorded for other purposes in the administrative register of electrical energy production facilities.

In any case, the information contained in the specific remuneration register shall be taken for the calculation of the remuneration for each installation.

In cases where the modification of the installation involves an increase in the power not to be taken into account for the purpose of remuneration, as provided for in Article 26, in the system register Specific remuneration in the state of operation shall be exclusively the power with the right to the perception of the specific remuneration scheme.

5. The inspections provided for in Article 30 shall verify compliance with the communication obligation referred to in paragraph 1 of this Article, their veracity and the accuracy of the statement responsible and other documentation submitted; compliance with the procedures and requirements laid down for the amendments made pursuant to paragraph 3 of this Article. They shall also verify that the technical characteristics of the facilities correspond to those which have been used as the basis for the registration of the specific remuneration scheme.

6. For the purposes of determining the effects which the modifications made shall have on the specific remuneration scheme, the provisions of Article 26 shall apply.

Article 52. Processing of data.

1. The processing of personal data entered in the register covered by this Chapter shall be subject to the provisions of the Organic Law 15/1999 of 13 December on the protection of personal data and other rules of development.

2. The subjects required to communicate data to this registry shall be responsible for the veracity and actuality of the data they provide.

3. Persons who, in the exercise of their duties, have access to data in this register shall be obliged to keep secret in respect of such data.

4. Data subjects may be able to access the data contained in the register electronically.

5. The Ministry of Industry, Energy and Tourism shall establish, in collaboration with the Autonomous Communities, the electronic procedure for the communication of the data relating to the registration of the specific remuneration system to the competent bodies of the autonomous communities of the inscriptions affecting their territorial scope, as well as the body responsible for carrying out the liquidations, the system operator and the market operator.

TITLE V

Representation

Article 53. Representatives.

1. The holders of production facilities from renewable energy sources, cogeneration and waste may operate either directly or through a representative for the purposes of their participation in the production and collection market and payment of the tolls, the specific remuneration scheme and, where appropriate, the charges. In any event, the representative chosen must be the same for all the effects cited and the mode of representation must necessarily coincide with the effects of the liquidations of the market operator and the remuneration scheme. specific.

2. The owners of the facilities, as soon as they do not communicate their intention to operate directly or through another representative, shall be represented, in their own name and for hire, by the reference marketer belonging to the the business group that owns the network in the distribution zone to which they are connected.

In the event that the installation belongs to a distribution area where there is no reference marketer belonging to the business group that owns the network, the reference marketer shall be the one belonging to the the business group that owns the network to which its distribution zone is connected.

3. The provisions of paragraph 2 shall also apply to those installations which are temporarily not representative of the same and to the new installations in the period from the first day of the month following the date of the operating authorisation and the date on which it starts its effective participation in the production market, all of this unless the holder of the installation communicates his intention to operate directly or through another representative.

4. Where the reference marketing undertaking acts as a representative, it shall receive a maximum price of EUR 5 /MWh on behalf of the generator.

5. Without prejudice to paragraphs 2 and 3, the dominant operators in the electricity sector, as determined by the National Commission for Markets and Competition, as well as the legal persons involved in any of them, may only act as representatives of production facilities from renewable energy sources, cogeneration and waste from which they have a direct or indirect share of more than 50%. This limitation should also be applied to the energy procurement contracts signed between the traders of the dominant operator and their facilities with specific remuneration. It is understood that one company is involved in another company when the criteria laid down in Article 42 of the Trade Code are met.

6. Without prejudice to paragraphs 2 and 3, they may not act as representatives of production facilities from renewable energy sources, cogeneration and waste those legal persons for which the joint quota of participation in the supply of the production market in the last year is greater than 10 percent, understanding as such the sum of the quota of the group of companies of the representative subject and the represented subject, as vendors in the market of production. These characteristics and limitation should also be applied to the energy procurement contracts signed between the non-dominant traders and the facilities mentioned above.

For these purposes, the National Commission on Markets and Competition will publish annually and on its website the list of those whose share of the share of the production market's offer is greater than 10 percent.

Additional disposition first. Particularities of the first regulatory period.

1. In accordance with the provisions of the additional provision, paragraphs 1 and 2, of Law 24/2013 of 26 December of the Electricity Sector, the first regulatory period shall be between the date of entry into force of the Royal Decree. Decree-law 9/2013, of July 12, and December 31, 2019.

The first regulatory semi-period shall be between the date of entry into force of Royal Decree-Law 9/2013 of 12 July 2016 and 31 December 2016.

2. For the facilities to which the specific remuneration scheme is granted in accordance with Article 12 and under the provisions of Article 14.7 of Law 24/2013 of 26 December, the reasonable return of the project type during the The first regulatory period will rotate, before tax, around the average yield of the Obligations of the State to ten years, calculated as the average of the contributions in the secondary market of the months of April, May and June 2013, increased by 300 basis points.

3. The market price estimate for each year of the first regulatory semi-period since 2014 shall be the arithmetic mean of the quotations for the annual futures contracts traded on the market for electricity futures organised by OMIP during the last six months of 2013.

Additional provision second. Installations entitled to the perception of the economic regime primacy to the entry into force of Royal Decree-Law 9/2013 of 12 July, adopting urgent measures to ensure the financial stability of the electricity system.

1. In accordance with the provisions of the second Royal Decree-Law 9/2013 of 12 July 2013 laying down urgent measures to ensure the financial stability of the electricity system, and the final provision of the electricity system, Law 24/2013 of 26 December provides for a specific remuneration scheme for installations for the production of electrical energy from renewable energy sources, cogeneration and waste which have been recognised as paid for in the entry into force of the actual decree-law.

2. In particular, they may receive the specific remuneration scheme, the methodology of which is regulated in Title IV, and with effect from the entry into force of Royal Decree-Law 9/2013 of 12 July 2013, the facilities which have been recognised by the the primary economic regime provided for in the following rules:

(a) Royal Decree 661/2007 of 25 May 2007 regulating the activity of electrical energy production under special arrangements.

The facilities defined in Article 45 of Royal Decree 661/2007 of 25 May 2007, which were entitled to the receipt of the first payment prior to the entry into force of Royal Decree-Law 2/2013 of 1 February 2013, of urgent measures in the electrical system and in the financial sector, shall be included in the set of facilities defined in this paragraph.

(b) Royal Decree 1578/2008 of 26 September 2008 for the remuneration of the production of electrical energy by solar photovoltaic technology for installations after the date of the maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007 for such technology.

3. The facilities referred to in the preceding paragraph shall be governed by the provisions of this royal decree with the particularities provided for in the following paragraphs, in the sixth, seventh and eighth provisions and in the provisions of this Regulation. first and ninth transient.

For such installations, the references made in Articles 26 and 51 of this royal decree at the time of making the application for registration in the register of specific remuneration in the state of exploitation shall be be understood at the time when the primary economic regime was granted to them.

Similarly, these facilities must submit by electronic means within six months from the date of automatic registration of the facilities in the register of specific remuneration determined by the in accordance with the transitional provision first.1, a responsible declaration on aid received up to that date in accordance with the model set out in Annex VII.

4. On the order of the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, the remuneration parameters of the type installations that will be applicable to the regulated installations will be fixed in This provision.

This order may distinguish different values from the remuneration parameters of the type installation according to the technology, power, age, electrical system, as well as any other segmentation deemed necessary. to ensure the correct application of the specific remuneration scheme. For each type of facility defined, a code shall be defined, which shall be included in the specific remuneration register and shall be used for the purposes of settlement.

The specific remuneration scheme applicable to each installation shall be that corresponding to the type installation that is assigned to it.

5. For the calculation of the net value of the asset and of the adjustment coefficient of the type-installations which group the facilities provided for in this provision, the provisions of Annex XIII shall apply, turning the cost-effectiveness, before tax, on the average return on the secondary market of the ten years preceding the entry into force of Royal Decree-Law 9/2013 of 12 July 2013 of the 10-year State Obligations increased by 300 basis points, all without prejudice to the the revisions in each regulatory period provided for in Article 19.

For type installations, when their regulatory useful life has not ended, a remuneration for the zero investment is obtained in accordance with the methodology set out in this royal decree, the remuneration for the operation, If applicable, it shall apply from the entry into force of the actual decree-law.

6. For installations defined in this provision, the starting date for the accounting of the regulatory life shall be deemed to be 1 January of the year following that of the final operating authorisation of the facility.

7. The facilities included in this provision which are located in non-peninsular territories shall not apply to them as laid down in the additional provision 15.

.

8. The facilities which prior to the entry into force of this royal decree are covered by the second transitional provision of Royal Decree 661/2007 of 25 May 2007 regulating the activity of the production of electricity in the special arrangements for the collection of the specific remuneration scheme provided for in Title IV of this Royal Decree, in addition to the other requirements laid down, shall comply with the requirements relating to energy efficiency the generations, with the following particularities:

(a) For the calculation of the equivalent electrical performance, the equivalent heat value of the slurry drying process of 825 kcal/kg of pig slurry of 95 per cent moisture shall be considered as a useful value.

(b) For the calculation of the equivalent electric yield, the maximum useful heat of the sludge drying process resulting from the production of olive oil is considered to be 724 kcal/kg and the rest of the sludge of 740 Kcal/kg in both 70 per cent moisture equivalent cases, not admitting sludge for drying with moisture exceeding 70 per cent.

For these purposes, the information showing, as appropriate, the equivalent quantity of 95 per cent of the moisture content or the amount of sludge to 70 per cent of the amount of sludge, shall be sent to the settlement body. humidity.

In the case of the treatment and drying facilities of sludge derived from the production of olive oil, the value of the useful heat shall be made by considering the fuel used for the treatment and drying process. before the installation is used.

Additional provision third. Award-winning facilities for the competition of innovative solar technology installations of an innovative nature.

In accordance with the provisions of the second Royal Decree-Law 9/2013 of 12 July 2013 and the third paragraph of Article 3 (2) of Law 24/2013 of 26 December of the Electrical Sector for the Solar thermal technology installations awarded under the scheme provided for in the third provision of Royal Decree 1565/2010 of 19 November 2010 regulating and amending certain aspects relating to the activity of the production of electrical energy under special arrangements, the specific remuneration scheme shall be composed of: for a single term to the transaction the value of which shall be the result of the economic tender for which it shall be awarded.

These facilities will be subject to the other general requirements and considerations for thermoelectric solar technology installations.

Additional provision fourth. Establishment of a specific remuneration scheme under the amparo of the 14th additional provision of Law 24/2013 of 26 December.

1. By virtue of the provisions of the additional provision of Law No 24/2013 of 26 December 2013, a specific remuneration scheme is established for a maximum of 120 MW, applicable to installations or modifications to installations of Different technologies for wind, solar thermal and photovoltaic, which, having not been entered in the payment pre-allocation register or in the first section of the register of electrical energy production facilities, shall be find in one of the following situations:

(a) That they would have submitted an application for registration in the pre-allocation register under Article 4 of Royal Decree-Law 6/2009 of 30 April 2009 laying down certain measures in respect of the the energy sector and the social bond is approved, that said application would have had entry in the administrative register of the Ministry of Industry, Energy and Tourism, and that they met the requirements of article 4.3 of the Royal Decree-Law 6/2009, of 30 of April, all before the date of entry into force of the Royal Decree-Law 1/2012, of January 27.

(b) which have a definitive entry into service for the whole of the power in the 30 calendar days after the entry into force of Law 24/2013 of 26 December.

This definitive operating authorisation shall be that of the entire power for which the registration of the remuneration scheme is requested in the pre-allocation state.

2. The facilities referred to in the previous paragraph shall be governed by the provisions of this royal decree with the particularities laid down in this provision.

3. By way of derogation from the additional provision 15 (2) (2), to the facilities defined in paragraph 1 which are located in the non-peninsular territories, the provisions of Title IV and Title V shall apply to them. III.

4. On the orders of the Minister of Industry, Energy and Tourism, after agreement of the Government Delegation for Economic Affairs, the remuneration parameters of the type facilities will be approved.

This order may distinguish different values from the remuneration parameters of the type installation according to the technology, power, age, electrical system, as well as any other segmentation deemed necessary. to ensure the correct application of the specific remuneration scheme. For each type installation defined for this purpose, a code shall be established, which shall be included in the specific remuneration register and shall be used for the purposes of settlement.

5. In order to be registered in the register of a specific remuneration scheme in the pre-allocation state, the holder shall make a request for registration in the register of specific remuneration in the state of pre-allocation to the Directorate-General Energy Policy and Mines for a specific project, including documentation supporting the fulfilment of the required requirements. That application shall also be accompanied by the data referred to in paragraph 1 of Annex V.

The application submission period shall start at 15 days from the date of entry into force of the order provided for in the previous paragraph and shall last for one month.

6. The General Directorate for Energy Policy and Mines shall give priority to applications and close the deadline for submitting and closing the applications until the quota provided for in accordance with the following requests is reached. criteria:

1. º The compliance with paragraph 1.a.)

2. º The compliance with paragraph 1.a), with the exception of the requirements of Article 4.3 of Royal Decree-Law 6/2009 of 30 April 2009 and the fulfilment of paragraph 1.b).

3. º The compliance with section 1.b).

In the event of equality of several applications as a result of the application of these criteria, which will result in the expected quota being exceeded, a priority will be established within each of these criteria according to the date of administrative authorisation, in the first case, and of the date of final exploitation authorisation for the second and third cases.

The coverage of the quota will be done by default, that is, the first application that will not be estimated will be that, for which, your consideration would mean exceeding the expected quota.

7. Those applications which are estimated in accordance with the provisions of the previous paragraph shall be entered by the Directorate-General for Energy Policy and Mines in the register of specific remuneration in the pre-allocation state. All other requests will be dismissed.

The maximum time limit for issuing and notifying the registration resolution in the specific remuneration scheme in the pre-allocation state shall be three months. This resolution will be published in the Official Gazette of the State.

8. The facilities provided for in paragraph 1 (a) of this provision shall have a maximum period of thirty-six months for compliance with the requirements laid down in Article 46 of this Royal Decree.

9. For the purposes referred to in Article 46 (b) of this royal decree, the installation or modification of the installation for which registration is applied for in the register of specific remuneration in the state of operation shall be have the same characteristics as those designed for the installation at the time of filing the application for registration in the register of specific remuneration in the pre-allocation state.

10. For the purposes of this provision, it shall be understood that a modification of an installation occurs, where the installation itself has a substantial administrative authorisation prior to the entry into force of the Royal Decree-law 1/2012 of January 27, or when the following requirements are met:

(a) For cogeneration installations, the replacement of at least the equipment indicated in the following table according to typology and technology shall be considered to be a replacement for cogeneration installations.

Cogeneration Tipology Before Modification

Gas and gas (s) • Heat recovery (s) or steam turbine turbine.

Teams to Be Replaced
turbine-drying cycle.		• Gas turbine (s)
cycle of engine drying.		• Alternate engine (s)
Simple cycle with steam generation and/or hot water with turbine.	No cold generation.	• Turbine (s)
	With cold generation.	• Gas Turbine (s) and • Heat Recovering (s) or Machine (s) of Absorption.
Simple cycle with steam generation and/or hot water with engine alternative.	No cold generation.	• Alternate engine (s).
	With generation of cold.	• Alternate engine (s) and • Heat recovery (s) or machine (s) of absorption
cycle.
	With cold generation.	• Gas turbine (s) and • Absorption machine (s) and • Heat recovery (s) or steam turbine turbine.

Notwithstanding the above, and in any case, in order for a modification of a cogeneration plant to be entitled to the specific remuneration scheme, the requirement that the modified cogeneration is high must be met. efficiency.

(b) For the installations of technologies other than those provided for in the table above, the replacement of the main equipment shall be considered to be the modification of a pre-existing installation. In such cases, the holder of the installation shall request the Directorate-General for Energy Policy and Mines to indicate the criteria to be met in order to be considered modified for the purposes of this provision.

In any case, the main equipment to be installed will be new and without prior use.

11. In the case of modifications of existing installations, where such modification concerns only part of the installation, the part of the modified installation shall be considered as a new remuneration unit for remuneration purposes, The remuneration scheme of the non-amended part shall be unchanged.

Additional provision fifth. Establishment of a specific remuneration scheme for new wind and photovoltaic installations and modifications of existing ones in the electrical systems of non-peninsular territories.

1. Under the provisions of Article 14.7 of Law 24/2013 of 26 December, and bearing in mind that the introduction of this remuneration scheme will result in a reduction in the energy cost and external energy dependence, a specific remuneration for new installations for the production of electric power from wind and solar photovoltaic technologies and modifications of existing wind installations which are located in the electrical systems of the territories peninsular.

The allocation of such specific remuneration scheme and the standard value of the initial investment will be determined by a competitive competition procedure.

However, under the transitional provision of Law No 24/2013 of 26 December, the transitional provisions of Law No 24/2013 are exempt from the application of the competitive competition procedure to certain plant projects. wind and modifications of existing wind installations, located in the Canary Islands, which are defined by order of the Minister of Industry, Energy and Tourism, provided that they meet the requirements of Article 46 of this royal decree with prior to the deadline laid down in that transitional provision.

2. The facilities referred to in the previous paragraph shall be governed by the provisions of this royal decree with the particularities laid down in this provision.

3. By order of the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, the mechanism for allocating the specific remuneration scheme and the applicable remuneration parameters shall be approved. as the other aspects established for the correct application of the remuneration regime established in this royal decree.

Additional provision sixth. Procedure for registration in the register of specific remuneration in the state of operation for installations which have been registered in that register in a pre-allocation state under the provisions of the transitional provision first.

1. In order to ensure that the facilities registered in the register of specific remuneration in the pre-allocation state under the first transitional provision may be entered in the register of a specific remuneration scheme in the state of operation, it will be essential that the installation has been definitively registered in the administrative register of electrical energy production facilities and has started to pour energy prior to the date of the installation. limit granted.

2. The application for registration in the register of a specific remuneration scheme in the state of operation shall be sent by electronic means to the Directorate-General for Energy Policy and Mines prior to the end of the period of one month from the date of entry into force of the the required deadline for compliance with the requirements set out in the previous paragraph.

However, in those cases where that deadline was earlier than the date set for the facility to be automatically entered on the specific remuneration register in accordance with the transitional provision 1, such application shall be submitted within one month from the date of the last date.

Such an application shall include the data provided for in Annex V. 2, indicating, instead of the identification number of the facility in the register under specific remuneration in the pre-allocation state, the number of registration of the installation in the pre-allocation register. The holder of the latter registration shall be the same as the holder of the installation consisting of the administrative register of electrical energy production facilities. It shall also indicate the pre-allocation call, the climate zone in which the installation is located and, in the case of photovoltaic installations, its type (type I. 1, type I. 2 or type II).

3. The Directorate-General for Energy Policy and Mines, after verification of compliance with the requirements referred to in paragraph 1, shall, if appropriate, decide to register the installation in the register of a specific remuneration scheme in the holding, cancelling the registration in the pre-allocation state register, and issuing the order for cancellation of the security deposited to apply for the registration of the pre-allocation of remuneration, without prejudice to the provisions of the continuation.

If the power entered in the record in the farm state was less than the one entered in the register in the pre-allocation state, the registration in the pre-allocation state shall be cancelled the power entered in the register in the holding state. In addition, a cancellation order shall be issued for the fraction of the security corresponding to that power, unless the difference between the said powers is less than 5% of the power originally entered in the register in the state of the pre-allocation and the guarantee fraction is less than EUR 1 000, in which case the cancellation resolution of the guarantee for the entire power shall be issued.

In addition, once the time limit set in paragraph 2 of this provision has elapsed without the application being submitted, the cancellation procedure for non-compliance with the registration in the a pre-allocation status corresponding to the difference between the powers referred to in the preceding subparagraph, in accordance with the provisions of the additional seventh and eighth provisions.

4. The Directorate-General for Energy Policy and Mines, prior to issuing the registration resolution in the register in the state of exploitation, may request the competent authority to grant the administrative authorization to the or the installation owner, additional information regarding the installation for correct registration in the registry.

The registration resolution in the register will be notified by the General Directorate of Energy Policy and Mines to the interested party and will be communicated by electronic means to the competent authority to authorize the installation, to the authority responsible the settlement, the system operator and the market operator.

5. The decision on registration of the installation in the register of specific remuneration in the state of operation shall be a requirement necessary for the application to that installation of the specific remuneration scheme regulated in the actual present a decree, with effect from the first day of the month following the date of the final operating authorisation of the installation.

Additional provision seventh. Procedures relating to the revocation of the economic right and the cancellation by non-compliance with the registration of a specific remuneration scheme for those facilities which had previously been registered as such as a result of the pre-allocation of remuneration register set out in Article 4 of Royal Decree 1578/2008 of 26 September 2008.

1. The provisions of this provision shall apply to installations which have been automatically entered in the register of specific remuneration under the transitional provisions of this Royal Decree, and which are had previously been registered in the register of pre-allocation of remuneration as set out in Article 4 of Royal Decree 1578/2008 of 26 September 2008, in respect of the production of electricity by means of technology solar photovoltaic for installations after the date of the maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007 for such technology.

2 In the event that such facilities, notwithstanding their registration in the register of a specific remuneration scheme, have not been definitively registered in the administrative register of the production of electrical energy or have not begun to sell energy within the maximum period to which it is applicable, be it the 12-month period with any extension provided for in the original wording of Article 8 of the Royal Decree 1578/2008 of 26 December 2008, for the period of 16 months to be carried out in the wording given to the As required by Royal Decree 1699/2011 of 18 November, they shall not be entitled to specific remuneration.

For these purposes, by resolution of the Director General of Energy Policy and Mines, prior to the hearing procedure and in a reasoned manner, the economic right granted as well as order the cancellation for non-compliance registration in the register of a specific remuneration scheme.

3. Similarly, the voluntary withdrawal of the administrative processing of the installation or the failure to respond within three months of the registration of the administrative procedure shall be the cause of cancellation for non-compliance with the registration of the payment scheme. count from the receipt of the information or performance requirements that have been formulated by the competent authority. In such cases, the competent authority shall inform the Directorate-General for Energy Policy and Mines of the origin of such cancellation, in order for the latter to decide, where appropriate, the act of initiation of the cancellation procedure for non-compliance. the registration in the said registration by withdrawal or by lack of response to a requirement.

4. The procedures laid down in this provision shall not apply to the electronic processing obligation laid down in Article 43.6 of this Royal Decree.

5. In the procedures provided for in this provision, the maximum time limit for resolving and notifying shall be six months from the date of the initiation agreement issued by the Directorate-General for Energy Policy and Mines, and in any event the hearing the person concerned.

6. This cancellation will result in the loss of the rights associated with the registration in the register of specific remuneration. The cancellation of the registration of a project will be communicated by the General Directorate of Energy Policy and Mines through electronic means to the competent authority to authorize the installation and the organ responsible for carrying out the liquidations.

7. Likewise, the said cancellation will entail the execution of the guarantees deposited in order to apply for registration of the pre-allocation of remuneration and the guarantees deposited pursuant to Article 59a or 66 bis of the Royal Decree 1955/2000 of 1 December 2000, subject to the provisions of paragraph 8. The competent body shall initiate the procedure for the execution or cancellation, as appropriate, of such guarantees.

8. The guarantees deposited to apply for the registration of the pre-allocation of remuneration will be cancelled when the petitioner accredits the final registration in the administrative register of energy production facilities. electrical power and the sale of electrical energy prior to the deadline, at least 95 per cent of the pre-allocated power, provided that the guarantee fraction corresponding to the difference between the power recorded in the register the administrative capacity of production facilities and the pre-allocated power is less than EUR 1000.

9. The decisions of the Directorate-General for Energy Policy and Mines provided for in this provision will not put an end to the administrative route and may therefore be the subject of an appeal to the Secretary of State for Energy, in accordance with the established in Articles 114 and 115 of Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

Additional disposition octave. Procedures relating to the revocation of the economic rights of installations which, prior to their entry into the register of a specific remuneration scheme, have been registered in the register of pre-allocation of remuneration Article 4 of Royal Decree-Law 6/2009 of 30 April 2009 laying down certain measures in the energy sector and approving the social bond.

1. The provisions of this provision shall apply to installations which have been automatically entered in the register of a specific remuneration scheme, in accordance with the first transitional provision of this royal decree, and which had previously been registered in the register of pre-allocation of remuneration as set out in Article 4 of Royal Decree-Law 6/2009 of 30 April 2009 laying down certain measures in the energy sector and approving the bond social.

2. In the event that such facilities, however, are entered in the register of a specific remuneration scheme, they would not have been definitively entered in the administrative register of energy production facilities. (a) the sale of energy has not started, within the maximum period of time to which it is applicable, to be counted from the date of the notification of the decision for which it was entered in the pre-allocation register of the remuneration, shall not be entitled to specific remuneration.

This period shall be of a general nature of thirty-six months, without prejudice to the time limits laid down for certain installations in the Agreement of the Council of Ministers of 13 November 2009 on the planning of the projects or installations submitted to the pre-allocation register for electricity production facilities provided for in Royal Decree-Law 6/2009 of 30 April 2009 laying down certain conditions for the production of electricity measures in the energy sector and the social bond is approved, published by Resolution of 19 November 2009, of the Secretary of State for Energy.

For these purposes, within six months of the agreement of initiation by resolution of the Director General of Energy and Mines Policy, prior to the hearing and in a reasoned manner, the economic right may be revoked. granted as well as order cancellation for non-compliance with the registration of the specific remuneration scheme.

3. The procedures laid down in this provision shall not apply to the electronic processing obligation laid down in Article 43.6 of this Royal Decree.

4. The cancellation of the registration of a project in the register of specific remuneration shall be communicated by the Directorate General of Energy Policy and Mines through the electronic means to the competent authority to authorize the installation and the body responsible for carrying out the liquidations.

5. The decisions of the Directorate-General for Energy Policy and Mines provided for in this provision will not put an end to the administrative route and may therefore be the subject of an appeal to the Secretary of State for Energy, in accordance with the established in Articles 114 and 115 of Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

Additional provision ninth. Adjustments to the liquidation of the tariffs and premiums corresponding to the electrical energy attributable to the use of a fuel, in generating facilities using as primary energy some of the renewable energies consumables.

1. Pursuant to Article 14.7 (d) of Law 24/2013 of 26 December, the body responsible for carrying out the liquidations shall liquidate the owners of the generating facilities or their representatives who use the same as primary energy of non-consumable renewable energy as provided for in this provision.

2. The premiums and charges for electrical energy attributable to the use of a fuel shall be reintegrated into the system of liquidations, except for electrical energy attributable to the use of consumable renewable energy sources. in the case of hybrid installations between non-consumable and consumable renewable energy sources for the period from 1 January 2013 to the entry into force of Royal Decree-Law 9/2013 of 12 July 2013, adopt urgent measures to ensure the financial stability of the electricity system. Such energy shall be exclusively the price of the market.

3. For the determination of the above amounts, the requirements laid down in the order establishing the methodology for the calculation of the electrical energy attributable to the fuels used shall apply.

4. Payment entitlements or payment obligations resulting from the application of the provisions set out in the preceding paragraphs shall be settled by the body responsible for payment or payment obligations in the first six settlements following the entry into force of the order referred to in paragraph 3. The amounts shall be considered as cost or liquidable income of the system, as appropriate, for the purposes laid down in the procedure for the settlement of the costs of the electricity system. These amounts shall be charged to the financial year 2013 until the supplementary settlement of 14 of the financial year 2013 is carried out, subsequently being charged for the following financial years. The provisions of the 16th transitional provision shall apply.

Additional provision 10th. Return of the guarantees deposited for the registration of the pre-allocation of remuneration.

The operators of electricity production facilities from renewable energy sources, cogeneration and waste to which their application for registration in the register of electricity has not been favourably resolved. the pre-allocation of remuneration may, within the maximum period of six months from the date of entry into force of this royal decree, withdraw from its application for registration in the register and, where appropriate, also withdraw from its application for access to the network, interested in the return of the guarantees which they would have deposited under the provisions of the Articles 59 (a) and 66 (a) of Royal Decree 1955/2000 of 1 December 2000 governing the transport, distribution, marketing, supply and authorisation procedures of electrical energy installations, of the Article 9 of Royal Decree 1578/2008 of 26 September 2008, as well as of Article 4.3.i of Royal Decree-Law 6/2009 of 30 April 2009, without the execution of such guarantees taking place, by virtue of that withdrawal.

Additional provision eleventh. Installed power.

For installations not included in the scope of the present royal decree is defined power installed as the maximum active power that can reach a unit of production and will be determined by the lower power of those specified on the plate of characteristics of the motor, turbine or alternator groups installed in series, or where appropriate, when the installation is configured by several engines, turbines or alternators in parallel shall be the smallest of the the powers of the plates of characteristics of the engines, turbines or alternators which are find in parallel.

Additional provision 12th Obligation to attach to a generation control centre for installations and clusters of electrical energy production facilities not included in the scope of the present royal decree.

Electrical energy production facilities not included in the scope of this royal decree with installed power exceeding 5 MW, and those with installed power less than or equal to 5 MW but forming part of a pool whose total amount of installed powers is greater than 5 MW, shall be attached to a generation control centre, which shall act as a partner with the system operator, forwarding the information in real time to the system operator. installations and making their instructions executed in order to guarantee in all the reliability of the electrical system.

In the electrical systems of non-peninsular territories, the previous power limit shall be 0,5 MW for installations or pools.

For the purposes of this provision, a grouping of facilities that connect at the same point of the distribution or transport network, or have a common or a common evacuation line or transformer, is defined as a single point of the distribution or transport network, a substation or a processing centre. Likewise, those facilities that are in the same cadastral reference, considered to be in the first 14 digits, will be part of the same group. The installed power of a pool shall be the sum of the installed powers of the unit facilities that integrate it.

Additional disposition thirteenth. Revocation of the specific remuneration scheme for those facilities which are not fully completed at the end of the deadline.

By way of derogation from the sixth, seventh and eighth additional provisions, the right to the specific remuneration of the facilities to which those provisions apply to them shall be revoked and the cancellation of the registration in the register of specific remuneration shall be carried out if, as a result of an inspection or of any other valid means in law, it is found that such facilities are not fully completed at the end of the deadline set to be entered on a final basis in the administrative register of production facilities and start the sale of energy.

The maximum time limit for resolving and reporting will be six months from the date of the initiation agreement issued by the General Directorate of Energy Policy and Mines, guaranteeing in any case the hearing to the interested party.

Additional disposition fourteenth. Facilities located in non-peninsular territories.

1. The provisions of this royal decree shall apply to installations located in the non-peninsular territories with the particularities provided for in this provision, without prejudice to the provisions of the rules governing the systems electricity from non-peninsular territories.

2. By way of derogation from the above, the provisions of Title IV and Title V Chapter III shall not apply to cogeneration plants, non-fluent hydro-electric plants and those which use as primary energy biomass, biogas, geothermal energy and wastes, which are located in the non-peninsular territories, without prejudice to the provisions of the second provision.

3. Installations located in the non-peninsular territories shall be subject to the procedure for the dispatch and liquidation of the generation in those territories laid down in the rules governing the production of electrical energy and the the procedure for dispatch in the electrical systems of non-peninsular territories.

Additional provision 15th. Adequacy of the recording of power production facilities to the new classification set out in Article 2 of this Royal Decree.

The competent bodies for the registration of installations in the production of electrical energy production facilities shall have a period of six months from the entry into force of this royal decree in order to adapt the content of the same to the new classification set out in Article 2 of this Royal Decree.

Additional provision sixteenth. Electronic communications relating to the procedures for the registration of installations in the administrative register of electrical energy production facilities.

As provided for in article 27.6 of Law 11/2007, of June 22, of electronic access of citizens to Public Services, all requests addressed to the General Directorate of Energy Policy and Mines submitted by the holders of production facilities relating to the registration of installations in the administrative register of electrical energy production facilities shall be submitted exclusively by electronic means, with a certificate electronic, in the electronic register of the Ministry of Industry, Energy and Tourism.

Also, all communications in connection with this registration between the applicant and the Administration shall be made exclusively through electronic means. If such electronic means are not used, the Administration will require the corresponding remedy, warning that, if the requirement is not met, the presentation will lack validity or effectiveness.

Additional 17th disposition. Electronic access to the data in the register of specific remuneration by the holders and their representatives.

1. The electronic access to the data in the register of specific remuneration by the holders and their representatives shall be as follows:

(a) For access by legal persons, the identification data that was used for access to the settlement system shall be taken on the date set out in the order defined in paragraph 1 of this Article. the first transitional provision for the automatic registration of the premises, unless the person concerned has communicated against it.

Those legal persons who intend to access such registration through natural persons other than those provided for in the previous paragraph, must send by electronic means, through the application established to them effects, the accreditation of representation through power of attorney or any other valid means.

(b) For access by natural persons, the electronic certificate of such person shall be used, without the need for prior accreditation.

2. The National Markets and Competition Commission shall forward to the Directorate-General for Energy Policy and Mines the data in the settlement system that is necessary to comply with the provisions of this provision.

18th additional disposition. Correction of annual income from the specific remuneration scheme for 2013 as a result of the number of hours of working equivalent.

The corrections of the annual income from the specific remuneration scheme for 2013 as a result of the number of hours of working equivalent shall apply for the period from the the entry into force of Royal Decree-Law 9/2013 of 12 July 2013 and 31 December 2013.

To these effects, on the order of the Minister of Industry, Energy and Tourism, after agreement of the Government Delegation for Economic Affairs, the values of the threshold of operation of the type and of the installation will be approved the number of hours of minimum operating equivalent of the type installation for that period.

Additional 19th disposition. Deleting records.

Without prejudice to its transitional application in the terms provided for in this royal decree until the provisions necessary for the full application of the provisions are adopted, the following records are deleted:

(a) The register of pre-allocation of remuneration as set out in Article 4 of Royal Decree 1578/2008 of 26 September 2008 for the remuneration of the production of electricity by solar photovoltaic technology for installations after the deadline for the maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007 for that technology.

(b) The pre-allocation register of remuneration as set out in Article 4 of Royal Decree-Law 6/2009 of 30 April 2009 laying down certain measures in the energy sector and approving the social bond.

(c) The register of special scheme without first payment created in the second provision of Royal Decree 1003/2010 of 5 August 2010 regulating the liquidation of the premium equivalent to the production of electrical energy from photovoltaic technology under special conditions.

(d) The registration of the pre-allocation of remuneration for experimental facilities under the special scheme, as laid down in the second provision of Royal Decree 1565/2010 of 19 November 2010 on the rules and amendments certain aspects relating to the activity of the production of electrical energy under special arrangements.

First transient disposition. Registration in the register of a specific remuneration scheme of the facilities entitled to the perception of the economic regime primacy to the entry into force of the Royal Decree-Law 9/2013, of July 12, for which urgent measures are adopted for ensure the financial stability of the electrical system.

1. Installations for the production of electrical energy from renewable energy sources, cogeneration and waste that have been recognised as paid for the entry into force of Royal Decree-Law 9/2013 of 12 July 2013 will be automatically entered in the register of specific remuneration governed by Chapter III of Title V of this royal decree, on the date to be determined by the Minister for Industry, Energy and Tourism, and on the terms provided for in this provision. This order will be published in the "Official State Gazette".

In no case shall the facilities whose economic rights associated with the inclusion in the aforementioned pre-allocation records have been entered automatically be entered in the specific remuneration register. revoked.

2. Such entry in the register of a specific remuneration scheme shall be carried out in a pre-allocation or operating state, as appropriate, in accordance with the following:

(a) Those facilities which at the time of registration are not discharged into the settlement system, and which have been recognised as paid in the first place, shall be registered in the pre-allocation state.

(b) Those installations which at the time of registration are discharged into the winding-up system shall be entered in the operating state, without prejudice to the provisions of the additional seventh provisions. and eighth.

3. When making the automatic registration in the register of a specific remuneration scheme of those facilities as defined in paragraphs 1 and 2 of the second provision which are not included in the categories, groups and sub-groups of the Article 2 shall be recorded as belonging to this collective, specifying the regulatory group under which the primary economic regime was granted.

4. For the purpose of determining the information required for automatic registration in the register of specific remuneration, in particular for the determination of the power for which the installation was granted the primary economic system, the information included in the settlement system shall be taken at the time of the registration or, for those installations which are not included in that system, that of the pre-allocation register, without prejudice to the provisions of the in paragraph 6.

Notwithstanding the foregoing, the power with the right to the specific remuneration of each installation shall be the one that corresponds to it according to the rules that would have been applicable in each case in the granting of its regime. economic. Installations which have only been granted the primary economic system for part of the power of the plant shall be entered in the register of remuneration specified exclusively by the power which is entitled to such a system. regime.

5. For the installations defined in this provision, the installed power shall take as the value of the nominal power to which it corresponds to the application of Article 3 of the Royal Decree No 661/2207 of 25 May on the Electrical energy production activity under special conditions.

6. By way of derogation from the preceding paragraph, the Directorate-General for Energy Policy and Mines shall carry out verifications of the data contained in the register of specific remuneration to verify its validity, in particular by reviewing those securities which have been amended in the settlement system after the entry into force of Royal Decree-Law 9/2013 of 12 July 2013 adopting urgent measures to ensure the financial stability of the system electrical.

For these purposes, the competent authority of the General Administration of the State may inspect the facilities and ask the holder of the facilities and the competent authority for the authorization of the information necessary to verify their correct registration in the specific remuneration register.

If the inaccuracy of the data contained in this register is found by any means, the General Directorate of Energy Policy and Mines will modify them ex officio or, if it is established that the installation does not have the right to perception of such remuneration scheme, shall proceed to the cancellation of the registration.

Such cancellation shall have the effect of the loss of the specific remuneration scheme from the date on which the conditions for entitlement to its perception have not been met, and, where appropriate, the repayment of the amounts unduly perceived. In those cases where the cancellation and the amendment of the registration does not result in a reduction of the remuneration scheme to be paid, it shall apply from the first day of the month following the date on which the facts that motivate such a reduction, cannot be applied in any case prior to the entry into force of Royal Decree-Law 9/2013 of 12 July.

The processing of these procedures will guarantee the hearing to the data subject and the maximum time limit for the decision to be issued and the notification of its decision will be one year, in accordance with the provisions of the transitional provision of Law 24/2013, December 26, Electrical Sector.

7. For the purposes of determining the remuneration parameters for each installation, it shall apply as set out in Article 14 of this royal decree.

For the purpose of determining the facilities which are part of a set, for the purposes set out in Article 14.2, several categories (b) and (c) shall be deemed to comply with the criterion set out in paragraphs 1 and 2. I. 1 and III.1 of that paragraph, if they met that criterion on the entry into force of Royal Decree-Law 9/2013 of 12 July, adopting urgent measures to ensure the financial stability of the electricity system.

8. On the order of the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, the corresponding equivalences will be established between the new type of facilities to be defined and the classification in force for the purposes of determining the applicable remuneration scheme, in such a way that a standard installation with remuneration parameters is appropriate for each existing installation.

9. In those cases where, with the information in the register of electrical energy production facilities and in the settlement system, it is not possible to determine the type of installation assigned to certain groups or sub-groups of the Classification as previously in force, a default type installation will be assigned in the aforementioned ministerial order, expressly stating this circumstance.

Within the maximum period of three months from the date of automatic registration of the facilities in the register of a specific remuneration scheme to be determined in accordance with paragraph 1, the holders of the installations belonging to the groups or sub-groups referred to in the preceding paragraph, shall submit to the Directorate-General for Energy Policy and Mines, by electronic means, a request for modification of the type-approval facility assigned by the defect, along with any documentation that is deemed appropriate to credit that change.

The Directorate-General for Energy Policy and Mines shall decide on the request for modification of the type assigned to the said installation in the register of specific remuneration in the case where the modification of the applicable type of installation, and may carry out such inspections as it deems appropriate.

10. The Directorate-General for Energy Policy and Mines, at the request of the data subject, may modify those inaccuracies that may contain the data in the register after the automatic registration made under this provision.

In those cases where it is necessary to accredit the requested modifications, the necessary inspections will be carried out.

11. If, by any means, the falsehood of what has been stated in the pleadings submitted by the applicants in the procedures laid down in this provision is proved, the right to the perception of the specific remuneration scheme of the applicant shall be revoked. the installation and the cancellation of the registration in the register of specific remuneration, after the processing of a procedure which shall guarantee the hearing to the person concerned and the time limit for the submission and notification of the decision shall be six months.

12. A facility which has been entered in the register of a specific remuneration in a pre-allocation state under the provisions of this provision shall not apply to the facilities provided for in Articles 46, 47 and 48 of this Regulation. a decree, applying to them the provisions of the sixth, seventh and eighth additional provisions.

13. The facilities referred to in this provision which are definitively registered in the administrative register of electrical energy production facilities at the entry into force of this royal decree shall be sent by way of To the General Directorate of Energy Policy and Mines, the UTM coordinates of the polygonal line that circumscribe the installation, within six months from the entry into force of the order of the Minister of Industry, Energy and Tourism to approve the procedure for its determination.

Second transient disposition. Transitional regime for the validity of the complement for continuity of supply in relation to the voltage recesses regulated in Royal Decree 661/2007 of 25 May 2007, which regulates the activity of the production of electrical energy under special conditions.

It will be applicable until 31 December 2013 for the remuneration supplement for continuity of supply in the face of voltage gaps in the terms provided for in the additional provision seventh of Royal Decree 661/2007, 25 of May, by which the activity of the production of electrical energy is regulated in special regime.

Transitional provision third. Referral of information.

1. Until the orders of the Minister for Industry, Energy and Tourism provided for in Article 8 have been published, the operators and operators of installations with specific remuneration shall forward by electronic means to the body responsible for carry out the settlement and the body which authorised the installation of the following information, before 31 March of each year:

(a) In the case of cogeneration facilities, a certificate shall be submitted from an entity recognised by the competent authority in which the efficiency of the cogeneration process is determined in accordance with the provisions of this Regulation. in Royal Decree 616/2007 of 11 May on the promotion of cogeneration, which will include at least the following information:

1. º cogeneration technology considered.

2. ° Power/heat ratio in total cogeneration mode.

3. º cogeneration electricity in MWh.

4. Primary Energy Saving, AEP, in MWh_PCI.

5. Percentage Primary Energy Savings, PES, in%.

6. º Electricity generated in alternator bornes in MWh.

7. º Electricity sold to the system at MWh.

8. º Type and amount of fuel consumed by cogeneration, by post-combustion equipment and by other equipment that provides heat to the process, in MWh_PCI.

9. Terms of heat delivery and useful heat to process in MWh.

(b) In addition, in the case of cogeneration facilities as defined in paragraph 1 of the transitional provision, a certificate of an entity recognised by the competent authority, accredited by the competent authority, shall be submitted. the minimum requirements of Annex XIV are met, as well as the actual value of equivalent electrical performance.

(c) In the case of installations using biomass and/or biogas in groups b.6, b.7, b.8 and c.2, they shall transmit the information to be determined in the relevant certification procedure, within the system of certification of biomass and biogas, which will be developed by joint order of the head of the Ministry of Industry, Energy and Tourism and the Ministry of Agriculture, Food and Environment. Furthermore, while the system has not been developed, the operators or operators shall at least refer to a ratio of the fuel types used, indicating the annual quantity used in tonnes per year and the average PCI, in kcal/kg, each of them.

(d) In the case of installations of category (c) of Article 2.1, the holders or operators shall at least refer to a ratio of the fuel types used, indicating the annual quantity used in tonnes per year and the Middle PCI, in kcal/kg, of each.

e) In the case of hybrid installations, the justification for the percentages of participation of each fuel and/or technology in each of the groups and sub-groups shall be submitted, the annual quantity used in tonnes per year and the PCI medium, in kcal/kg, for each of the fuels, as well as supporting memory to demonstrate the quantity and provenance of the different primary fuels used.

(f) In the case of sub-group b.1.2. of Article 2.1 (b) and hybrid installations type 2 of Article 4, they shall provide the justification for compliance with the percentages of electrical generation attributable to the support fuel, calculated according to the methodology established by the Minister of Industry, Energy and Tourism.

Transitional disposition fourth. Exchange of information by electronic means.

Until the entry into force of the provisions necessary for the full implementation of the obligation to carry out the communications and exchanges of information in electronic form established in this royal decree, and the adaptation of the IT systems, alternative systems oriented, in any case, will be used to achieve the greatest possible automation of such exchanges of information.

Transient disposition fifth. Access and connection to the network.

As long as no new technical standards are established for the connection to the electrical grid of the installations submitted to this royal decree, regarding access and connection, and without prejudice to the existence of other references existing in the current legislation, shall be subject to the provisions of Annex XV.

Transitional disposition sixth. Application of the response requirements against voltage gaps.

1. Installations or clusters of photovoltaic installations and wind installations located on the electrical systems of the non-peninsular territories to which the obligation laid down in paragraph 1 applies to them. (d) of Article 7 of this Royal Decree, they are obliged to comply with the requirements for response to voltage gaps laid down in the operating procedure for wind installations located on the peninsula, until such time as develop an operating procedure for such facilities.

2. Except for the obligation laid down in Article 7 (d) of this Royal Decree, those facilities which have been declared as non-adaptable or those installations which have models of wind turbines which are not suitable for use have been declared as non-adaptable for the purposes of the obligation to comply with the requirements for response to voltage gaps by resolution of the Director-General for Energy Policy and Mines.

3. The Directorate-General for Energy Policy and Mines may resolve the impossibility of adapting a particular model of wind turbine or a concrete installation to the effects of compliance with the stress gap response requirement, provided that it has been requested prior to the entry into force of Royal Decree-Law 9/2013 of 12 July 2013 adopting urgent measures to ensure the financial stability of the electricity system. The decision to accept the impossibility of adequacy and the exemption from the penalty shall be established for a specified period. This resolution will be published in the Official Gazette of the State.

Transitional disposition seventh. Compliance with the obligation to attach to a generation control centre by facilities and facilities pools.

1. The owners of installations and groups of installations which are to be assigned to a generation control centre in accordance with the provisions of Article 7 (c) of this royal decree, which prior to entry into the They shall not be obliged to do so, they shall have until 31 May 2015 to adapt to the fulfilment of that obligation.

2. The owners of the installations and the groupings of installations which must be attached to a generation control centre in accordance with the provisions of the additional twelfth provision of this royal decree, which prior to the The entry into force of the Agreement is not bound to be bound to that effect, until 31 May 2015, in order to comply with that obligation.

Transient disposition octave. Particularities relating to certain liquidations of the specific remuneration scheme.

1. Each of the liquidations to be carried out on the premises in accordance with the provisions of the transitional provision of Royal Decree-Law 9/2013 of 12 July 2013 shall be carried out in accordance with the following procedure:

(a) First, the settlement of the amounts corresponding to the specific remuneration scheme for the period to which such settlement relates in accordance with the general settlement procedure laid down in the Law 24/2013 of 26 December, and in its implementing legislation including, where applicable, the financing of transitional deviations or mismatches.

b) Once the previous settlement has been completed, the ninth part of the payment entitlements or payment obligations resulting from the application of the methodology set out in this royal decree shall be incorporated into the energy produced since the entry into force of Royal Decree-Law 9/2013 of 12 July 2013 until the entry into force of the provisions necessary for the full implementation of the new remuneration scheme.

In the event that this amount implies an obligation to enter the settlement system, in no case may it be more than 50 percent of the sum of the amount resulting from the provisions of paragraph (a) above and the right to charge the settlement of the daily market for the month to which the settlement relates.

In case the amount exceeds that limit, the amount to be incorporated as an obligation to enter the settlement system will take that maximum value.

(c) The quantity not entered above the limit set out in paragraph (b) shall be added in the following settlement to the ninth part defined in the first subparagraph of that paragraph.

(d) For the purposes of calculating the payment obligations and receivables resulting from the application of the provisions of the transitional provision of Royal Decree-Law 9/2013, the following shall be taken into account in relation to: the liquidations made to account:

i) In the event that the monthly amount corresponding to the settlement of the installation of the special scheme referred to in Article 6.b) of Royal Decree 302/2011 of 4 March 2011 governing the sale of products to be liquidated by price difference for certain special scheme facilities and the acquisition by the traders of last resort of the electricity sector, there has been a right of recovery, the liquidator will have in the amount of the premium for the special scheme settled in addition to that right of recovery.

(ii) In the event that the monthly amount corresponding to the liquidation of the special scheme referred to in Article 6 (b) of Royal Decree 302/2011 of 4 March 2011, there has been an obligation to pay, the settlement body shall take into account the amount of the premium for the special scheme cleared for deduction of that payment obligation.

The provisions of this paragraph 1 shall apply from the seventh liquidation of the financial year 2014, with the result of the financial year 2013 until the end of the 14 financial year 2013 and Subsequently, the following exercises are charged.

2. Those income obligations corresponding to the account liquidations made under the third transitional provision of Royal Decree-Law 9/2013 of 12 July 2013 laying down urgent measures to ensure stability financial system, as well as those other settlements resulting from changes or cancellations of registrations in the register of specific remuneration made under the transitional provision of the first transitional provision. royal decree, will present the particularities established in the following paragraphs.

3. In the event of non-compliance with an obligation of entry by the indirect representatives of the electrical system subjects to which payments for settlements are to be made, this income obligation may be compensated by the recovery rights for the same subject represented, even if they correspond to different settlements and even if at the time of carrying out such compensation had another representative.

For these purposes, the discharge authority shall process a procedure, in which the hearing shall be guaranteed to the representative and the represented subject, in which the time limit for issuing and notifying his decision shall be six months. From the moment at which this procedure is initiated, the recovery rights may be suspended in a cautious way until it is resolved. The compensation shall not be paid in those cases where it is established that the represented subject would have paid the representative the amount corresponding to the income obligation.

The right of recovery with which the said compensation will be made will be reduced by 5 €/MWh to guarantee that the amounts corresponding to the representative in concept of representation of the subject, in the those cases where it is not established that the represented subject has paid the representative this amount.

4. In the event of non-compliance with an income obligation on the part of the electrical system subjects to which payments for settlements are to be made, this income obligation may be compensated by the payment entitlements. corresponding to the same subject, even if these correspond to different settlements.

5. In those cases where the non-compliance with the income obligation corresponding to a producer subject or his indirect representative would not have been satisfied in full in accordance with the provisions of the preceding paragraphs, it may be compensated by the amounts corresponding to the share in the energy market from the production facilities of the ownership of the former in the terms set out below.

(a) In those cases where within 30 days of the issuance of the invoice corresponding to the income obligation, the payment of the settlement amounts, the entity in charge of the liquidation, would not have been satisfied. notify the market operator of the amount of non-payment of the premises of each generator, specifying the date on which the amount began to become interest on late payment.

(b) The market operator, in the first settlement after the notification by the settlement body, shall include an obligation to pay each facility for the amount of non-payment reported by that body, increased in the amount of interest on late payment corresponding to the rules of application.

For the purposes of the calculation of the default interest, it shall be computed as the accrual time of the default interest to the closing date of the liquidation performed by the market operator.

In cases where the non-compliance with the income obligation corresponds to a producer subject who will offer his energy to the market through an indirect representative, the market operator will require that representative the hourly breakdown by installation of the programmes married by their supply units, both in the daily market and in the different intraday markets for all the sessions pending economic settlement. The market operator, upon receipt of such information, shall calculate the receivables of the facilities held by the producer subject in the daily and intraday markets.

In no case shall the payment obligation be greater than 40 percent of the right to charge each daily and intraday market settlement. If the payment obligation is not satisfied with the amount of the default and its default interest, the market operator shall include in the subsequent settlement payment obligations in the terms described above.

(c) The amounts brought by the market operator as set out in the preceding paragraphs shall be transferred to the settlement body.

transient disposition ninth. Energy efficiency and measurement configuration conditions for cogeneration installations.

1. To cogeneration plants which have been recognised as paid for the entry into force of Royal Decree-Law 9/2013 of 12 July 2013, which would not have been subject to a substantial modification under the provisions of the Article 4.bis of Royal Decree 661/2007 of 25 May 2007 and which have a non-zero value for investment, shall not apply to them as set out in Article 27 (1), (2) and (5) and in Article 32.1, applying them instead of provided in this provision.

2. These installations must comply with the energy efficiency requirements set out in Annex XIV.

They shall also calculate and credit the equivalent electrical performance achieved by their installation in each year, exceeding the required minimum, in accordance with the terms set out in Annex XIV, by electronic means to the the body responsible for settlement before 31 March of the following year. To this end, they must certify and justify the useful heat produced by the plant and effectively used by the consumer installation of the plant.

Those installations which, in the case of a year, have not complied with these requirements, shall have corrected the annual revenue from the specific remuneration scheme, taking into account only the electrical energy which would have been met with the equivalent electrical performance set out in Annex XIV. To this end, the revenue which would have been assigned to it by the specific remuneration scheme shall be multiplied by the ratio of the electrical energy that would have met the equivalent electricity yield on the total net electricity generated.

3. For these installations, the high-efficiency cogeneration references made in this royal decree shall be understood as being carried out in cogeneration that meets the energy efficiency requirements of Annex XIV.

4. Cogeneration installations which have been recognised as paid for the entry into force of Royal Decree-Law 9/2013 of 12 July whose value for the return on investment is zero shall not apply to them in Article 32.3.

5. Those cogeneration plants in which the use of the useful heat is carried out with the indistinct purpose of use as heat or cold for air conditioning of buildings, will be able to benefit on a voluntary basis Annex XVI. In this case, the particularities for the application of the specific remuneration scheme shall be established by order of the Minister for Industry, Energy and Tourism.

6. The provisions of the first provision of Royal Decree 1565/2010 of 19 November 2010 governing and amending certain aspects relating to the production of electrical energy in special arrangements shall be maintained in force. until the approval of the regulation of the technical conditions for the connection of the cogeneration plant and its associated consumer.

Transient disposition tenth. Net power test.

Until the entry into force of the regulations governing the capacity and hibernation mechanisms, the test to accredit the net power of the facilities shall be carried out in accordance with the provisions of Annex XVII.

Until such time, testing shall not be necessary to demonstrate the gross and minimum power referred to in Article 37.3.

Transient disposition eleventh. Facilities that are temporarily not equipped with time measurement equipment.

1. Those facilities which, on a transitional basis, do not have time-measurement equipment under the transitional provisions of the unified measure of measure of the measure shall be exempt from payment of the cost of the deviations. electrical system, approved by Royal Decree 1110/2007, of 24 August.

2. The system operator shall clear the shortfall of deviations corresponding to those facilities which are temporarily exempt from the cost of the deviations, in accordance with the implementing rules.

Transient Disposition twelfth. Cases in cancellation proceedings for non-compliance with the entries in the pre-allocation register under Article 8 of Royal Decree 1578/2008 of 26 September 2008.

The cancellation files for non-compliance with the registration of the pre-allocation of remuneration processed pursuant to Article 8 of Royal Decree 1578/2008 of 26 September, whose proposal for initiation is has produced prior to the entry into force of this royal decree, shall be processed and settled in accordance with the provisions of Royal Decree 1578/2008 of 26 September 2008, provided that the provisions of the additional provision septime.8 this royal decree.

transient disposition thirteenth. Consideration of participation in system adjustment services.

1. Until the approval of the resolution of the Secretary of State of Energy in the terms provided for in Article 10.2 of this royal decree, they are considered as unfit to participate in the services of adjustment of the generators that according to the classification established in this royal decree are included in the groups b.1, b.2 and b.3, as well as the flow-on hydraulic generators integrated into groups b.4 and b.5.

2. With regard to the testing of habilitation to participate in each of the adjustment services, those facilities that upon the entry into force of this Royal Decree would have already passed the existing tests to date, they must not exceed the same.

Transitional disposition fourteenth. Compliance with the obligation to follow instructions issued by the system operator for the modification of the power factor range by the facilities.

The operators of the facilities to comply with the obligation to follow the instructions given by the system operator for the modification of the power factor range as provided for in the Article 7 (e) of this Royal Decree, which before the entry into force of this Royal Decree is not required, shall be valid until 31 May 2015 in order to comply with this obligation.

15th transient disposition. Installations with different modes of representation to the various bodies.

If the entry into force of this royal decree exists facilities with different modalities of representation to the market operator and the agency responsible for carrying out the liquidation of the specific remuneration regime, the representatives of these facilities must communicate to all the actors involved within the maximum period of three months, the option of representation chosen by the operators, applying in a transitional way the mode of representation existing in each body up to that point.

Transient disposition sixteenth. Adaptation of the system of remuneration for renewable energy, cogeneration and waste to the procedure laid down for the liquidations of the activities covered by Law 24/2013 of 26 December.

1. As a result of the adaptation of the system of remuneration for renewable energies, cogeneration and waste, to the general procedure for liquidations provided for in Law 24/2013 of 26 December of the Electricity Sector, the payment of possible the liquidations to be carried out by the body responsible from 1 January 2014 on the energy generated in the years before 2014, will be subject to the availability of funds for the financial year 2013, or to the realization of the liquidations for the financial year 2013 in accordance with that general procedure.

2. Until the publication of the regulatory development provided for in Article 18.2 of Law 24/2013 of 26 December, the subjects must send to the body responsible for the liquidation of the information required in Circular 3/2011, of 10 of November, of the National Energy Commission, as well as any other necessary to be able to liquidate that it is required by that body.

transient disposition seventeenth. Applications and calls under Royal Decree 1565/2010 of 19 November 2010 regulating and amending certain aspects relating to the activity of the production of electrical energy under special arrangements.

1. The pending applications for a resolution which were submitted pursuant to the second provision of Royal Decree 1565/2010 of 19 November 2010 governing and amending certain aspects relating to the application of the the activity of production of electrical energy in special arrangements, as well as the call for small installations that was approved, under the additional provision third of the said royal decree, by Resolution of 24 November 2010, of the The Secretary of State for Energy, for which the call for a procedure is approved competitive competition to obtain the right to the perception of an additional economic regime to the remuneration of the market for the production of electrical energy, for projects of installations of production of electric power of technology Thermoelectric solar power of an innovative nature.

2. For these purposes, within the maximum period of six months after the entry into force of this royal decree, those interested in these proceedings may request the return of the guarantees which they have deposited under the provisions of Articles 59 and 59 of the Treaty. (a) the provisions of Article 3 (2) of Regulation (EEC) No 2055/2000 of 1 December 2000 on the transport, distribution, marketing, supply and authorisation procedures of electrical energy installations, and Article 4.3 (i) of Regulation (EEC) No 2055/2000, Royal Decree-Law 6/2009 of 30 April 2009 laying down certain measures in the sector energy and the social bond, and other implementing provisions are approved.

3. The facilities to which a specific economic scheme would have been granted to them under the provisions of the additional provision second and the third additional provision of Royal Decree 1565/2010 of 19 November 2010 regulate and modify certain aspects relating to the activity of the production of electrical energy under special arrangements, must be maintained in compliance with the requirements laid down in the said provisions or the conditions which would have been imposed in the decisions of authorisation or grant. Failure to comply with these conditions may result in the loss of the economic system allocated, without prejudice to any sanctioning procedures which may be initiated.

For these facilities, the competent authority of the Autonomous Community where they are located will follow up the compliance with the requirements associated with the experimental or innovative character, as appropriate. For this purpose, the operators of the plant must submit, on an annual basis, and within the first quarter of each year, a report of activity to the competent authority of the Autonomous Community, which shall, in turn, transmit a copy of the to the Directorate-General for Energy Policy and Mines. The Directorate-General for Energy Policy and Mines, may establish the minimum content of the above mentioned activity memory, by means of a resolution that will be published in the "Official Gazette of the State".

Single repeal provision. Regulatory repeal.

All rules of equal or lower rank are repealed as soon as they contradict or oppose the provisions of this royal decree, and in particular:

(a) Royal Decree 1565/2010 of 19 November 2010 regulating and amending certain aspects relating to the activity of electrical energy production under special arrangements.

(b) Royal Decree 1614/2010 of 7 December 2010 regulating and amending certain aspects relating to the production of electrical energy from solar thermal and wind technologies.

Final disposition first. Competence title.

1. The present royal decree is dictated by the provisions of article 149.1.13. and the 25th of the Spanish Constitution, which attributes to the State exclusive competence to determine the bases and coordination of the general planning of the economic activity and the bases of the mining and energy regime.

2. In addition, the provisions of Chapters I and II of Title V are issued under Article 149.1.22. of the Spanish Constitution which gives the State jurisdiction over the authorisation of electrical installations when their use is made. affect another Community.

Final disposition second. Amendment of the unified measure of measure of the electrical system approved by Royal Decree 1110/2007 of 24 August.

The unified electrical system measurement points regulation, approved by Royal Decree 1110/2007 of 24 August, is amended as follows:

One. A paragraph is added at the end of Article 9.8, which is worded as follows:

" Distribution companies shall make available to producers whose points of measure are of type 5, the equipment for measuring the rental arrangements.

In case the producer chooses to rent the measurement equipment, the rental price will be the same as the one regulated for those measuring equipment installed in points of measure 5 of consumption and will include the same concepts. "

Two. Article 28 is worded as follows:

" Article 28. Periodicity of the readings.

Additional technical instructions shall set the periodicity of the readings of the information for measuring equipment provided with communications and the local or visual readings of the main counters and redundant.

Without prejudice to the above, the reading of the power generated by the generation facilities whose measurement points are type 3 and 5 will be monthly.

At the request of any of the participants to a measure and upon justification additional readings may be made, running the costs on behalf of the applicant, without prejudice to the possible subsequent use of the said information for the purposes that they derive. "

Three. Paragraph 3 of the second transitional provision is worded as follows:

" 3. At the points of measure 5 of consumers, regulated in Royal Decree 1433/2002, of 27 December, will be able to continue using the equipment of measurement already installed, until its replacement in compliance with the Plan of Replacement of counters provided for in the additional twenty-second provision of the said Royal Decree 1634/2006 of 29 December.

The measurement equipment installed in type 5 measurement points, regulated in Royal Decree 1433/2002, of 27 December, will have to be replaced by equipment with time discrimination and integrated into the system of telemanagement of the person in charge of the reading before 31 May 2015. "

Final disposition third. Amendment of Royal Decree 1003/2010 of 5 August 2010 regulating the liquidation of the premium equivalent to installations for the production of electricity from photovoltaic technology under special arrangements.

Royal Decree 1003/2010 of 5 August 2010 regulating the liquidation of the premium equivalent to installations for the production of electrical energy from photovoltaic technology under special arrangements is hereby amended as follows: follows:

One. In Article 3, paragraph 5 is added with the following wording:

" 5. In addition to the provisions of the preceding paragraphs, the accreditation of the provision of the definitive registration of the company may be required for the installations covered by Royal Decree 1578/2008 of 26 September 2008. the installation and the start of the sale of energy before the expiry of the period granted. '

Two. Article 5 is amended as follows:

" Article 5. Effects of the accreditation and lack of accreditation of the provision of the necessary equipment and of the other obligations for the completion of the facilities in time.

1. For installations covered by the economic system governed by Royal Decree 661/2007 of 25 May 2007, the term accreditation, in the terms laid down in Article 3 of this provision, of the installation of the necessary equipment on a date prior to 30 September 2008, determine that the holder of the installation maintains the right to charge the regulated tariff from the moment it has started to produce.

2. For installations covered by the economic system governed by Royal Decree 1578/2008 of 26 September 2008, the accreditation in time, in the terms laid down in Article 3 of this provision of the installation of the necessary equipment, as to the provision for definitive registration of the installation and commencement of sale of energy not later than the deadline laid down in Article 8 (1) of the said royal decree and, where appropriate, in paragraph 2 of that Regulation, agreement with its original wording, shall determine that the holder of the installation maintains the right to recovery of the primary economic regime from the moment it has begun to produce.

3. The lack of a deadline for such an installation, or the obligation to have definitive registration of the installation and to start selling electricity in the terms provided for in Article 8 of Royal Decree 1578/2008, 26 September, or the finding, by other means, that the installation did not have the equipment necessary for the production of electrical energy, will oblige the corresponding body of the State Secretariat of Energy to suspend, with precautionary nature, the payment of the equivalent premium, except for any additions which may correspond, at the expense of the final decision to be taken in the procedure laid down in the following Article.

Without prejudice to the foregoing, the operator shall retain its right to participate in the production market. "

Three. The first paragraph of Article 6.2 is amended as follows:

" 2. In the light of the documentation submitted in accordance with the preceding paragraph, the Directorate-General for Energy Policy and Mines shall, on its own initiative, initiate a procedure for the purpose of declaring that the installation does not comply with the requirements laid down in this Directive. for the application of the primacy of the economy and which, as a result, does not apply to it. Such a procedure, in which the person concerned shall be heard, shall conclude by a decision in which, if the application of the relevant economic regime is declared, the recovery of the amounts unduly paid shall also be made available in the concept of an equivalent premium, with the interest of late payment, amounts all of which will be included as liquidable income of the system, as well as the other legal consequences arising from the non-compliance with the obligations of the completion of the installation in time. In its own case, the loss of the priority which could have been granted to it for the final registration under the provisions of Royal Decree 1578/2008 of 26 September 2008 shall be agreed upon. '

Final disposition fourth. Amendment of Royal Decree 1544/2011 of 31 October establishing tolls for access to the transport and distribution networks to be met by electricity producers.

Article 4 (7) of Royal Decree 1544/2011 of 31 October 2011 laying down the tolls for access to the transport and distribution networks to be met by electricity producers is amended. which is worded as follows:

" 7. The energy to be considered for each period must be the same as the one provided by the reading officer.

In the case of cogeneration installations, the energy sold on the production market shall be considered as energy to the grid, through any of the procurement procedures. "

Final disposition fifth. Amendment of Royal Decree 1699/2011 of 18 November regulating the connection to a network of small-power electric power production facilities.

Article 14 (1) (d) and (e) of Royal Decree 1699/2011 of 18 November, which regulates the connection to a network of small-power electrical energy production facilities, is amended as follows:

" d) Maximum and minimum frequency connection (51 Hz and 48 Hz with a maximum timing of 0.5 s and minimum 3 s respectively) and maximum and minimum voltage between phases (1.15 Un and 0.85 Un) as shown Table 1, where the proposed low voltage is generalized for all other levels. For the electrical systems of non-peninsular territories, the above values shall be those laid down in the relevant operating procedures. The voltage for the measurement of these magnitudes must be taken on the network side of the general automatic switch for the installations in high voltage or of the main switches of the generators in low voltage networks. In the case of performance of the maximum frequency protection, the reconnection shall only be performed when the frequency reaches a value less than or equal to 50 Hz.

Table 1

Parameter	Protection Threshold	Take Action
Over-phase 1.	n + 10%	Maximum 1.5 s
n + 15%	Un + 15%			Maximo 0.2
Tension	Un-15%	Maximum 1.5 s *
frequency.	51 Hz	Maximo 0.5 s
Minimum Frequency.	48 Hz	Minimum 3

* In the case of installations with an obligation to meet performance requirements against voltage gaps, the performance time shall be equal to 1,5 s.

e) In addition to voltage greater than 1 kV and up to and including 36 kV, the maximum voltage disconnect criterion must be added. "

Final disposition sixth. No increase in expenditure.

The implementation of the records referred to in this royal decree will not increase public expenditure, and the expenses resulting from its operation will be charged to the expenditure budget of the Ministry of Industry, Energy and Tourism to which they are attached.

Final disposition seventh. Regulatory development and amendments to the content of the Annexes.

The Minister of Industry, Energy and Tourism is hereby authorized to dictate how many provisions are necessary for the development of this royal decree and to amend its annexes, except Annexes VI, IX, XIII, and XV.

Final disposition octave. Entry into force.

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

Given in Madrid, June 6, 2014.

JOHN CARLOS R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ

ANNEX I

Facilities considerations for groups b.6, b.7, and b.8

1. The following fuels

be considered to be excluded from category (b):

1. Fossil fuels, including peat, and their products and by-products.

2. Wood and wood waste:

(a) Treaties chemically during industrial production processes.

b) Mixed with chemicals of inorganic origin.

c) Otherwise, if their thermal use is prohibited by the legislation.

3. Any type of biomass, biogas or bioliquid contaminated with toxic substances or heavy metals.

4. Paper and paperboard.

5. Textiles.

6. Animal carcasses or parts thereof, where the legislation only provides for the management of such waste other than energy recovery.

7. The biodegradable fraction of industrial and municipal waste, other than those from the forestry and agroforestry sectors.

2. The power generation systems for condensation included in groups b.6 and b.8 shall achieve the following levels of performance for their gross generation of electrical energy:

• 1. A minimum of 18% for powers up to 5 MW.

• 2. A minimum of 20% for powers between 5 MW and 10 MW.

• 3. A minimum of 22% for powers between 10 MW and 20 MW.

• 4. A minimum of 24% for powers exceeding 20 MW.

The performance calculation will be performed according to the following formula:

Performance =

[PEB] × 0.086

Where:

• [PEB]: Annual gross electrical output, in MWh.

• EPC: primary energy consumed, in tons of oil equivalent, accounting for PCI (lower calorific power).

ANNEX II

Telemedidas Shipping Requirements

Those facilities that have an obligation to communicate telemedas to the system operator in real time under Article 7 (c) shall comply with the provisions of this Annex.

In the event that the real-time telematic system shares some element with the system of measures that are the object of the Unified System of Measurement Points of the Electrical System, it must be ensured that its operation does not interfere with the provision of the data required for the correct billing of the access tolls and the energy to be settled on the market, as set out in the Unified System of Measurement Points of the Electrical System approved by Royal Decree 1110/2007 of 24 August.

In order to ensure compliance, real-time telemedide equipment must meet the following requirements:

(a) Any equipment connected to the secondary of the measuring transformers shall have the prior approval by the persons in charge of the reading, complying with the conditions set out in the Instructions Complementary techniques of the aforementioned unified measure of measurement points with respect to loads and voltage drops in the secondary circuits of the measuring transformers.

(b) In the case where the equipment for real-time telemedides and the counters share secondary, the accuracy of the voltage and intensity transformers shall be that corresponding to the set of the installation according to the Unified regulation of points of measurement of the electric system approved by Royal Decree 1110/2007, of August 24. In this case, real-time telematic devices must have a seal block that allows their separation for replacement or testing without interrupting the functions of the measurement circuit.

(c) If the real-time telematic equipment shares the voltage and intensity transformers with the billing and settlement counters, the intensity circuits of the remote telemetry must be connected to the end of the string.

(d) In the case of secondary use independent of those used for billing and settlement, the minimum accuracy of voltage and intensity transformers shall be of class 0.5, and shall be justified by means of tests. The accuracy of the transformation for measurement is suitable for a certain range of loads in the other secondary windings. In any case, the load bearing the non-dedicated secondary to the measurement shall always be maintained within the range specified in the tests, which may be checked by the reading officer or the measurement verifier. power.

If for the installation of the telematic equipment in real time it is necessary to carry out any work of unsealing of the equipments of measure of billing and liquidation, the holder of the point of supply, or in his case, his representative, you will have to contact the person in charge of the reading to request an order of unsealed, according to the specific procedures developed by the same one for these actions, as established in the unified regulation of points of measurement of the electric system approved by Royal Decree 1110/2007, of August 24. The installation of any device for real-time telemetry which may interfere with the communications system for the sending of the settlement measure must be authorised in advance by the person in charge of the reading. give priority, in any case, to the sending of information for the billing and settlement telemedide. The procedure for carrying out such authorisation, as well as the requirements to be met by the installed communication systems, shall be those laid down in the operating procedures.

The manufacturers of the installed real-time telematic equipment must certify compliance with the technical specifications required for such equipment. The procedure for verifying the operation of the telematic system shall be that laid down in the relevant operating procedure. In the event that the reading officers detect anomalies in the billing and settlement measures that may be caused by the installation of real-time telematic equipment, they must act as indicated in the operating procedures. If, after the relevant verifications and/or inspections, the anomalies are detected as a result of the installation of equipment for the transmission of telemetry in real time, they may request the suitability of the equipment under the conditions laid down, with the purpose of complying with the requirements of the Unified Measurement Points Regulation.

ANNEX III

Power factor control

1. For the purposes of Article 7, the reference mandatory power factor range between 0,98 inductive and 0,98 capacitive is established.

Notwithstanding the above, the power factor required of the installations falling within the scope of Royal Decree 1699/2011 of 18 November, which regulates the connection to the network of production facilities of the Small power electric power shall be the one set out in Article 12.4 of that royal decree.

Power factor regulation will be performed and will be obtained by making use of the counter-logger measuring equipment of the production facility. It shall be calculated with three decimal places and the rounding shall be done by default or by excess, depending on whether or not the fourth decimal number is less than five.

2. The penalty for non-compliance with the obligations laid down in Article 7 (e) is set at 0,261 c€/kWh.

The penalty will be applied on a regular basis, at the end of each month, a monthly calculation, which will be used to undermine the cost of the corresponding adjustment services.

ANNEX IV

Hourly profiles for installations that do not have time measurement

1. In case the installation does not have a time measurement, its energy shall be calculated in each hour by multiplying the installed power of the installation by the operating factor set out in the following tables for each technology and month. In the case of photovoltaic, the frame corresponding to the solar zone where the installation is physically located will be taken, according to the climatic zoning established in the Technical Code of the Building.

The following are the production profiles for photovoltaic and hydraulic installations. For the rest of the technologies, it will be considered, except for better forecast, as operating factor 0.85 at all times of the year.

a) Production time profile for hydraulic installations.

Month

Operating
.
February.
March.
April.
May.
June.
	July.	0.24
August.
September.
October.	0.23
November.
December.

b) Production time profile for PV installations.

The values of the hours that appear in the following tables correspond to solar time. In the winter time the calendar hour corresponds to the solar hour plus 1 unit, and in daylight saving time the calendar hour corresponds to the solar hour plus 2 units. The time changes from winter to summer or vice versa will coincide with the official time change date.

Operating factor for a time profile of a PV installation

ZONE I

February

May

July

ZONA I	1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24
January	0	0	0	0	0	0	0	0.05	0,14	0.22	0,28	0,28	0,28	0,22	0,14	0,05	0	0	0	0	0	0	0	0
0	0	0	0	0	0	0.09	0,11	0,22	0,31	0,38	0.4	0.38	0,31	0,22	0,22	0,11	0.2	0	0	0	0	0	0	0
March	0	0	0	0	0	0	0	0.32	0.2	0,32	0,42	0,49	0.52	0,49	0.42	0.32	0.2	0.9	0	0	0	0	0	0	0
April	0	0	0	0	0	0,05	0,16	0,28	0,4	0.5	0.57	0,57	0.5		0.5	0,28	0,28	0,16	0,05	0	0	0	0	0	0
0	0	0	0	0,11			0,34	0,45	0,45	0,45	0.61		0,63	0.61	0,55	0,45	0,34	0,22	0,11	0.02	0	0	0	0	0
June	0	0	0	0	0.04	0.14	0.38		0.5	0,59	0.66	0.68	0.66	0.59	0.5	0.25	0,26	0.14	0.04	0	0	0	0	0
0	0	0	0	0.03	0,14	0,26	0,4	0,53	0,63	0.7	0,73	0,63	0,63	0,53		0,26	0,14	0,14	0.03	0	0	0	0	0
August	0	0	0	0	0	0.08	0.2	0.34	0.47	0.57	0.65	0.65	0,65	0,57	0.47	0.2		0.08	0	0	0	0	0	0	0
		0	0	0	0	0	0,01	0,12	0,12	0.5		0,57	0,38	0,38	0,57		0,38	0,01	0.1		0.1	0	0	0	0	0	0
October	0	0	0	0	0	0	0	0.04	0,27	0,27	0.44	0,47	0,44	0,44	0,27	0,27	0.15	0.04	0	0	0	0	0	0	0
November	0	0	0	0	0	0	0	0.07	0.17	0.25	0.31	0,34	0.31	0.25	0.17	0,17	0	0	0	0	0	0	0	0
December	0	0	0	0	0	0	0	0.04	0.12	0.2	0.28		0,26	0.2	0,26	0.04		0	0	0	0	0	0	0	0	0	0	0
annual	0	0	0	0	0,01	0,05	0,11	0.33	0.33		0,49	0,49		0,43	0.33	0,22	0,11	0,05	0.01	0	0	0	0	0
Annual	0	0	0	0	2.79	16.51	41.87	79.5	156	180.4		189	180.4	156	120,4	79.5	41.87	16.51	2.79	0	0	0	0	0

ZONE II

February

May

July

ZONA II	1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24
January	0	0	0	0	0	0	0	0.05	0.2	0.2	0.2	0.28		0,26	0.2	0,26	0,13	0,05	0	0	0	0	0	0	0	0
0	0	0	0	0	0	0.02	0.23		0,33	0,39	0,42	0.39	0.33	0.23	0.02		0,12	0	0	0	0	0	0	0
March	0	0	0	0	0	0	0.09	0,21	0,45		0,53	0,55	0,45	0,34	0,53	0,34	0,21	0.09	0	0	0	0	0	0	0
April	0	0	0	0	0	0.06	0.18	0,31	0,45	0,64		0,66	0.66	0,64	0,56	0,45	0,31	0.06		0	0	0	0	0	0	0	0
0	0	0	0	0,12	0,12	0.25	0.39	0,53	0,72	0,74	0,72	0,72	0,64	0,53	0,39	0.25	0.02		0,12	0	0	0	0	0
June	0	0	0	0	0.04	0.15	0.41		0,54	0,65	0,65	0,72	0.75	0,72	0.65	0.41	0.41	0.41	0.15	0.04	0	0	0	0	0
0	0	0	0	0.04	0,16	0.3	0,45	0,72	0,72	0,45	0.83	0.8	0.72	0,45		0,45	0,16	0,16	0.04	0	0	0	0	0
August	0	0	0	0	0	0.1	0.24	0.4	0.56	0.69	0.78	0,78		0,69	0,56	0,4	0.24	0.1	0	0	0	0	0	0
		0	0	0	0	0	0.02	0.14	0.29	0,44	0,57	0.66	0.69	0.66	0.57	0.44	0.29	0,14	0.02	0	0	0	0	0	0
	0	0	0	0	0	0	0.04	0,16	0,28	0.39	0.47	0.5	0.47	0,39	0,28	0,16	0.04	0	0	0	0	0	0	0
November	0	0	0	0	0	0	0	0.07	0.16	0.25	0.31	0.33	0.31	0.25	0,16	0,16	0	0	0	0	0	0	0	0
December	0	0	0	0	0	0	0	0.03	0,11	0,18	0.23	0.25	0.23	0,18	0,11	0.03	0	0	0	0	0	0	0	0
annual	0	0	0	0	0,01	0,05	0,13	0.24	0.37	0.47	0.54	0,54	0,47	0,37	0,57	0.24	0.13	0,05	0.01	0	0	0	0	0
Annual	0	0	0	0	2.95	18.6	47.42	88.88	133.3	171.8	198	207.3	198	171.8	133.3	88.88	47.42	18.6	2.95	0	0	0	0	0

ZONA III

February

May

July

ZONA III	1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24
January	0	0	0	0	0	0	0	0.06	0.15	0.23	0,29	0,31	0,29	0.23	0.15	0.06	0	0	0	0	0	0	0	0
0	0	0	0	0	0	0.02	0.24		0.24	0.41	0,41	0,44	0.41	0.34	0.24	0.02		0.02	0	0	0	0	0	0	0
March	0	0	0	0	0	0	0.1	0.23	0,48		0,56	0,59	0,48	0,36	0,36	0.23	0.1	0	0	0	0	0	0	0
April	0	0	0	0	0	0.06	0.2	0,35	0.5	0.71	0.74	0.74	0,62	0,62	0,35	0,35	0.2	0.06	0	0	0	0	0	0
0	0	0	0	0,01	0,12	0.25	0.39	0,53	0,65	0,73	0.75	0.73	0,53		0,39	0,39	0,01		0,12	0	0	0	0	0
June	0	0	0	0	0.04	0.16	0,46		0,61	0,74	0.82	0.85	0.82	0.74	0.61	0.46	0.31	0.16	0.04	0	0	0	0	0
0	0	0	0	0.03	0,17	0.33	0.69		0.83	0.93	0.93	0,93	0.83	0.69	0.51	0.33	0.17	0.03	0	0	0	0	0
August	0	0	0	0	0	0.11	0.27	0.45	0.63	0.78	0.88	0,88		0,78	0,63	0,63	0,45	0,27	0,11	0	0	0	0	0	0
		0	0	0	0	0	0,02	0.15	0,31	0,47	0,61	0,61	0,73	0,61		0,47	0,31	0.15	0.02	0	0	0	0	0	0
October	0	0	0	0	0	0	0	0.05	0,17	0,31	0,42	0.5	0,53	0.5	0,42	0,31	0.17	0.05	0	0	0	0	0	0	0
November	0	0	0	0	0	0	0	0.09	0.19	0.28	0.35	0.37	0.35	0,19		0,09	0,09	0	0	0	0	0	0	0	0
December	0	0	0	0	0	0	0	0,05	0,13	0,22	0.29	0,27	0,27	0,22	0,13	0,05	0	0	0	0	0	0	0	0
annual	0	0	0	0	0,01	0,05	0,14	0,27	0,52	0,52	0,27	0,27	0,62		0,52	0,52	0,62	0,14	0,14	0,27	0.01	0	0	0	0	0
Annual	0	0	0	0	2.5	19.45	51.42	97.72	146.6	189	217.8	228	217.8	189	146.6	97.72	51.42	19.45	2.5	0	0	0	0	0

ZONA IV

ZONA IV

0

1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24
January	0	0	0	0	0	0	0	0.1	0.23	0.34	0,43	0.46	0,43	0.34	0.23	0.1	0	0	0	0	0	0	0	0
February	0	0	0	0	0	0	0.04	0,34		0,48	0,58	0,58	0,48	0,34			0.04		0,19	0	0	0	0	0	0	0
March	0	0	0	0	0	0	0	0,11	0,26	0,42	0,55	0,64	0,67	0,64	0,55	0,42	0,26	0.11	0	0	0	0	0	0	0
April	0	0	0	0	0	0.06	0.19	0,35	0.5	0,72		0,72	0,72	0,63		0.5	0,35	0.06		0,19	0	0	0	0	0
0
		0	0	0	0	0	0,13	0		0,28	0,44	0,44	0.83		0.86	0.83	0,74	0,44	0,28	0,74	0		0	0	0	0	0	0	0	0
June	0	0	0	0	0.03	0.16	0,47		0,63	0,76	0,88		0,85	0,76	0,85	0,85 Centro_table_body"> 0.63	0.47	0.31	0.16	0.03	0	0	0	0
July	0	0	0	0	0.02	0,16	0.33	0.69		0.83	0.93	0.93	0,83	0.83	0.69	0.51	0.33	0.16	0.02	0	0	0	0	0
August	0	0	0	0	0	0.09	0.25	0.43	0.6	0.74	0.84	0.84		0,84	0,74	0,88	0,43	0,09	0,09	0	0	0	0	0
	0	0	0	0	0	0.02	0.16	0.32	0,49	0.63	0,73	0.76	0.63		0,49	0.32	0,16	0.02	0	0	0	0	0	0
October	0	0	0	0	0	0	0	0.06	0.2	0,35	0,49	0,58	0,61	0,58	0,49	0,35	0.2	0.06	0	0	0	0	0	0	0
November	0	0	0	0	0	0	0	0.11	0.24	0.35	0.43	0.46	0.43	0,35	0.24	0,11	0	0	0	0	0	0	0	0
December	0	0	0	0	0	0	0	0.08	0.2	0,31	0.38	0.41	0.38	0.31	0.2	0.08	0	0	0	0	0	0	0	0
annual	0	0	0	0	0	0.05	0.14	0,29	0,44	0,57	0.66	0.66		0,57	0,44	0,29	0,14	0,05	0	0	0	0	0	0
Total	0	0	0	0	1.5	18.55	52.86	105.5	160.8	209	241.8	253.4	241.8	209	160.8	105.5	52.86	18.55	1.5	0	0	0	0	0

ZONA V

ZONA V

February

May

July

1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24
January	0	0	0	0	0	0	0.01	0.12	0.25	0.36	0,44	0.47	0,44	0.36	0.25	0,12	0,01	0	0	0	0	0	0	0
0	0	0	0	0	0	0.05	0,34		0,47	0,56	0,56	0,56		0,47	0,34	0.19	0.05	0	0	0	0	0	0	0
March	0	0	0	0	0	0	0,13	0.3	0.63	0,63		0,77	0,77	0.63		0,47	0,63	0.3	0.13	0	0	0	0	0	0	0
April	0	0	0	0	0	0,05	0.2	0.38	0.55	0,79	0,83	0,83	0.7		0,55	0,38	0,38	0.2	0.05	0	0	0	0	0	0
0	0	0	0	0,11	0		0,28	0,46	0,64	0.89		0,93	0.89	0,64		0.46	0.28	0,79	0		0	0	0	0	0	0	0	0
June	0	0	0	0	0.01	0.14	0,31	0.5	0,68	0.83	0,96		0,93	0.83	0.68	0.5	0.31	0.14	0.01	0	0	0	0	0
0	0	0	0	0.01	0,14	0,32	0,71		0,88	0.99	1	0.99	0.88	0,52		0,32	0,14	0,01	0	0	0	0	0
August	0	0	0	0	0	0.09	0.26	0.46	0.65	0.82	0.93	0,93		0,82	0,65	0,65	0,26		0,09	0,09	0	0	0	0	0	0
		0	0	0	0	0	0,01	0,16	0,34	0.68		0,78	0.82	0,68		0,52	0,34	0,16	0.01	0	0	0	0	0	0
	0	0	0	0	0	0	0.08	0,39	0,39	0,39	0,39	0,63		0,67	0,63	0,63	0,39		0,39	0,39	0.08	0	0	0	0	0	0	0
November	0	0	0	0	0	0	0.02	0.14	0,28	0.4	0.51	0,48	0,48	0,4	0,28	0,14	0.02	0	0	0	0	0	0	0
December	0	0	0	0	0	0	0.01	0.1	0.22	0.33	0.41	0.44	0.41	0.33	0.1		0.01	0	0	0	0	0	0	0
annual	0	0	0	0	0	0.05	0.15	0,31	0,48	0,62	0,72	0.75	0.72	0,62	0.48	0,31	0.15	0,05	0	0	0	0	0	0
Annual	0	0	0	0	16.8	16,8	56.07	1114.1	173.8	225.6	261	273.4	261	225.6	173.8	1114.1	56.07	16.8	0.51	0	0	0	0	0

ANNEX V

Information to be provided for the application for registration in the specific salary scheme register

ANNEX VI

Methodology for the calculation of the net asset value and the adjustment coefficient of the type facilities associated with the facilities to which the specific remuneration scheme is granted in accordance with Article 12

1. The following considerations are made in this methodology for the calculation of the net asset value and the adjustment coefficient:

(a) The investment of the type facility is imputed on 1 January of the year of the definitive operating authorisation.

(b) the revenue and operating costs of the installation for one year are charged on 31 December of that year.

2. For the establishment of the remuneration parameters for the implementation of the "j" regulatory semi-period, of a type with a year of definitive operating authorisation equal to or greater than the year of commencement of the "j" regulatory semi-period, the methodology for the calculation of the application adjustment coefficient in that regulatory semi-period shall be as follows:

Where:

C_{j, a}: Adjustment Coefficient of the type installation with definitive operating authorization in the year "a" for the regulatory semi-period "j" expressed as per one.

Vl_a: Standard value of the initial investment of the type installation with definitive operating authorization in the year "a" per power unit, expressed in €/MW.

a: Year of definitive exploitation authorization of the type installation.

VU: Regulatory life of the type installation expressed in years.

Ingf_i: Estimate of future operating income per unit of power that will be charged by the type facility in the year "i" to the end of its regulatory lifetime. Operating income shall include income from the sale of energy on the market and, where appropriate, income from the remuneration for the operation and the income covered by Article 24 (2) and (3). This value shall be expressed in €/MW.

Cexpf_i: Estimating the future operating cost, per power unit, of the type installation in the year "i" to the end of its regulatory lifetime. This value shall be expressed in €/MW.

t_j: An update rate that takes as the value of the fair return established for the "j" regulatory semi-period, expressed as per one. This fee shall be the rate for the entire regulatory period in accordance with Article 19. In the regulatory semi-periods belonging to the first regulatory period, the rate of update shall take as the value of the reasonable return established in the first provision.

The adjustment coefficient C shall be between 0 and 1. In case you adopt negative values, C will be considered to be zero and if you adopt values higher than the drive, C will be considered to take the value one.

The net value of the asset per unit of power, at the start of the "j" regulatory semi-period, for the type facility with definitive operating authorisation in the year "a", VNA_{j, a}, is equal to the standard value of the initial investment of the type facility with final operating authorisation in the year 'a' per power unit, expressed in €/MW (V1a).

3. For the review of the remuneration parameters for the implementation of the regulatory semi-period j, as provided for in Article 20, of the type-approval facility for the final operating authorisation in the previous regulatory semi-period j-1, the the following methodology for the calculation of the net asset value and the adjustment coefficient:

3.a) Net asset value.

Where:

VNA_{j, a}: Net value of the asset per unit of power, at the start of the "j" regulatory semi-period, for the type facility with definitive operating authorisation in the year "a", expressed in €/MW.

VI_a: Value of the initial investment of the type facility with definitive operating authorization in the year "a" per power unit, expressed in €/MW.

a: Year of definitive exploitation authorization of the type installation.

p: First year of the "j" regulatory semi-period.

Update rate at which the remuneration parameters were calculated in the previous regulatory semi-period "j-1".

Ingf_{i, j-1}: Estimate of future operating income of the type facility that was considered in the calculation of the retributive parameters of the semi-period "j-1" for the year "i", per unit of power, expressed in €/MW.

Cexp_{i, j-1}:Estimate of the future operating cost of the type facility that was considered in the calculation of the remuneration parameters of the "j-1" semi-period for the year "i" per power unit, expressed in €/MW.

Vajdrn_{i, j-1}: Adjustment value for market price deviations in the year "i" of the regulatory semi-period "j-1" expressed in €/MW, as set out in Article 22.

In no case will the net asset value be negative. If a negative value is obtained from the previous formulation, the net asset value (VNA_{j, a}) shall be deemed to be zero.

3.b) Adjustment Coefficient.

Where:

C_{j, a}: Coefficient of adjustment of the type installation with definitive operating authorization in the year "a" for the regulatory semi-period "j" expressed by one.

VNA_j,a: Net value of the asset per unit of power, at the start of the "j" regulatory semi-period, for the type facility with definitive operating authorisation in the year "a", expressed in €/MW.

p: First year of the "j" regulatory semi-period.

a: Year of definitive exploitation authorization of the type installation.

VU: Regulatory life of the type installation expressed in years.

Ingf_i: Estimating future operating income per power unit

which will perceive the type installation in the year "i" until the end of its regulatory life. Operating income shall include income from the sale of energy on the market and, where appropriate, income from the remuneration for the operation and the income covered by Article 24 (2) and (3). This value shall be expressed in €/MW.

Cexpf_i: Estimating the future operating cost, per power unit, of the type installation in the year "i" to the end of its regulatory lifetime. This value shall be expressed in €/MW.

t_i: An update rate that takes as the value of the fair return established for the "j" regulatory semi-period, expressed as one. This fee shall be the rate for the entire regulatory period in accordance with Article 19. In the regulatory semi-periods belonging to the first regulatory period, the rate of update shall take as the value of the reasonable return established in the first provision.

The adjustment coefficient C shall be between 0 and 1. In case you adopt negative values, C will be considered to be zero and if you adopt values higher than the drive, C will be considered to take the value one.

4. For the review of the remuneration of the application in the regulatory semi-period j, as provided for in Article 20, of the type facilities with final operating authorisation prior to the start of the previous regulatory semi-period j-1, the following methodology shall apply for the calculation of the net asset value and the adjustment coefficient:

4.a) Net asset value.

Where:

VNA_{j, a}: Net value of the asset per power unit, at the start of the semi-period

regulatory "j", for the type facility with definitive operating authorisation in the year "a", expressed in €/MW.

VNA_{j-1 ,a}: Net value of the asset per unit of power, at the start of the "j-1" regulatory semi-period, for the type facility with definitive operating authorisation in the year "a", expressed in €/MW.

a: Year of definitive exploitation authorization of the type installation.

p: First year of the "j" regulatory semi-period.

sm: Number of years of the retributive semi-period, takes value 3 under Article 15.

t_j-1: The rate of update with which the remuneration parameters were calculated in the previous regulatory semi-period "j-1".

Ingf_{i, j-1}:Estimate of the future operating income of the type facility that was considered in the calculation of the retributive parameters of the "j-1" semi-period for the year "i", per unit of power, expressed in €/MW.

Cexp_{i, j-1}:Estimate of the future operating cost of the type facility that was considered in the calculation of the remuneration parameters of the "j-1" semi-period for the year "i" per power unit, expressed in €/MW.

Vajdrn _{i, j-1}: Adjustment value for market price deviations in the year "i" of the 1-1 regulatory semi-period expressed in €/MW, as set out in Article 22.

In no case will the net asset value be negative. If a negative value is obtained from the previous formulation, the net asset value (VNAj, a) shall be deemed to be zero.

4.b) Adjustment Coefficient. The methodology defined in paragraph 3.b of this Annex shall be used for calculation.

ANNEX VII

Statement of responsibility for the collection of public aid prior to registration in the register of specific remuneration in the state of operation

1. STATEMENT RESPONSIBLE FOR NOT HAVING BEEN GRANTED ANY PUBLIC ASSISTANCE TO THE FACILITY.

D. /D ......................................................................................................................., older, with national identity document number .........................................., in name and representation of ........................................................., with registered office at ......................................................................................................................................... and CIF ............................................., holder of the installation with identification number in the register of specific remuneration in pre-assignment status ...................., CIL ........................................... and number of final registration in the administrative register of installations of ......................................................... production of electrical energy dependent on the competent authority ...................................................

I declare under my responsibility, for the purposes set out in Article 24.1 of Royal Decree XXX/2014, xx of xxxx, that the activity of producing electrical energy from renewable energy sources is regulated, cogeneration and waste, which has not been granted any public aid for any concept to the said installation.

I also undertake to notify the General Directorate of Energy Policy and Mines of the granting of any public aid that it may receive, within 3 months of its granting, assuming responsibility legal in case of failure of this communication.

Finally, I declare to know that it will be ground for the cancellation of the registration of the mentioned installation in the register of specific salary regime in the state of exploitation the finding of the falsehood in the present responsible declaration, as provided for in Article 49.1.1) of the aforementioned royal decree. Such cancellation would have the effect of the loss of the specific remuneration scheme and, where appropriate, the repayment of the amounts unduly paid to the interest of late payment. All without prejudice to the applicable sanctioning regime.

In ....................... to ........ of ........................... of .......

Signature

2. STATEMENT RESPONSIBLE FOR GRANTING PUBLIC AID TO THE FACILITY.

D. /D ......................................................................................................................., older, with national identity document number .........................................., in name and representation of ........................................................., with registered office at ......................................................................................................................................... and CIF ............................................., holder of the installation with identification number in the register of specific remuneration in pre-assignment status ...................., CIL ........................................... and number of final registration in the administrative register of installations of ......................................................... production of electrical energy dependent on the competent authority ...................................................

I declare under my responsibility, for the purposes set out in Article 24.1 of Royal Decree XXX/2014, xx of xxxx, that the activity of producing electrical energy from renewable energy sources is regulated, cogeneration and waste, which has been granted public aid by the body for a total amount of ................................................., the granting of which is attached to it.

I also undertake to notify the facts of a modification of such public aid, assuming legal responsibilities in case of, falsehood.

Finally, I declare to know that it will be ground for the cancellation of the registration of the mentioned installation in the register of specific salary regime in the state of exploitation the finding of the falsehood in the present responsible declaration, as provided for in Article 49.1.1) of the aforementioned royal decree. Such cancellation would have the effect of the loss of the specific remuneration scheme, and, where appropriate, the repayment of the amounts unduly paid with the interest of late payment. All without prejudice to the applicable sanctioning regime.

In ....................... to ........ of ........................... of .......

Signature

ANNEX VIII

Statement of responsibility for the collection of public aid after registration of the specific remuneration scheme in the state of operation.

D. /D ......................................................................................................................., older, with national identity document number .........................................., in name and representation of ........................................................., with registered office at ......................................................................................................................................... and CIF ............................................., holder of the installation with identification number in the register of specific remuneration in pre-assignment status ...................., CIL ........................................... and number of final registration in the administrative register of installations of ......................................................... production of electrical energy dependent on the competent authority ...................................................

I declare under my responsibility, for the purposes set out in Article 24.1 of Royal Decree XXX/2014, xx of xxxx, that the activity of producing electrical energy from renewable energy sources is regulated, cogeneration and waste, which has been granted public aid by the body for a total amount of ................................................., the granting of which is attached to it.

I also manifest that I am committed to notifying the facts of a modification of such public aid, assuming the legal responsibilities in case of falsehood.

Finally, I declare to know that it will be ground for the cancellation of the registration of the mentioned installation in the register of specific salary regime in the state of exploitation the finding of the falsehood in the present responsible declaration, as provided for in Article 49.1.1) of the aforementioned royal decree. Such cancellation would have the effect of the loss of the specific remuneration scheme, and, where appropriate, the repayment of the amounts unduly paid with the interest of late payment. All without prejudice to the applicable sanctioning regime.

In ....................... to ........ of ........................... of .......

Signature

ANNEX IX

Remuneration of hybrid installations

For installations covered by Article 4, the energy from each of the renewable sources or the main fuels (i) shall be calculated as follows:

1. Type 1 hybridization:

Eri = E

Ci

C

Being:

E_n: Electrical energy sold on the production market that has been generated from the use of fuel i of the groups b.6, b.8 and the black spirits of the c.2.

E: Total electric power sold on the production market generated from all fuels.

C_i: Total primary energy from fuel i (calculated by mass and PCI).

C_b: Total primary energy from all fuels.

In the light of the above, the revenue from the remuneration for the operation corresponding to a hybrid installation of type 1 shall be calculated as follows:

Being:

ing_Ro: Revenue from the payment to the operation that corresponds to a hybrid installation of type 1.

Ro_i,: the remuneration for the operation of the type installation corresponding to the fuel i of the groups b.6, b.8 and the black spirits of the c.2

2. Type 2 hybridization:

This will be in accordance with the Ministerial Order setting out the methodology for the calculation of electric energy attributable to the use of fuels in generating facilities that use as energy primary non-consumable renewable energy.

The revenue from the remuneration for the operation corresponding to a hybrid installation of type 2 shall be calculated as follows:

Being:

ing_Ro: Revenue from the payment to the operation that corresponds to a hybrid installation of type 2.

E_bi: Electrical energy sold on the production market that has been generated from the use of fuel i of the groups b.6, b.7 and b.8.

Ro_i: the remuneration for the operation of the corresponding type of fuel i installation of the groups b.6, b.7 and b.8.

E_rs: the electrical energy sold on the production market that has been generated from the solar resource.

Ro_s: The payment to the operation of the installation type corresponding to the subgroup b.1.2.

The values of E_s and E_bi shall be calculated according to the order in which the methodology for the calculation of the electrical energy imputable to the use of fuels in the installations of generation using as primary energy some of the non-consumable renewable energies.

ANNEX X

Model enrollment in the administrative log of electrical power production facilities

ANNEX XI

Responsible statement for registration of specific remuneration in the state of operation

RESPONSIBLE STATEMENT:

D. /D ......................................................................................................................., older, with national identity document number .........................................., in name and representation of ........................................................., with registered office at ......................................................................................................................................... and CIF ............................................., holder of the installation with identification number in the register of specific remuneration in pre-assignment status ...................., CIL ........................................... and number of final registration in the administrative register of installations of ......................................................... production of electrical energy dependent on the competent authority ...................................................

I declare under my responsibility, for the purposes set out in Article 47 of Royal Decree XXX/2014, xx of xxxx, that the activity of producing electrical energy from renewable energy sources is regulated, cogeneration and waste, which the said installation complies with the requirements for registration in the register of specific remuneration in the state of operation covered by Article 46 of the said royal decree, and in particular:

(a) that, at the established deadline, the installation is fully completed and has all the elements, equipment and infrastructures that are necessary to produce energy and to pour it into the electrical system, including, when applicable, the storage systems.

b) that the installation complies with the requirements and conditions relating to its technical characteristics established in the Order ........., as provided for in Article 46 (1) (b) of Royal Decree XXX/2014, xx of xxxx

I also manifest that I have the documentation that certifies compliance with these requirements, and that I undertake to maintain them during the period of time when the installation is entitled to the perception of the specific remuneration regulated in Title IV of Royal Decree XXX/2014, of xx of xxxx, and to notify the facts of an amendment of the same, assuming the legal responsibilities in the event of non-compliance, falsehood or default.

Finally, I declare to know that it will be ground for the cancellation of the registration of the mentioned installation in the register of specific salary regime in the state of exploitation the finding of the falsehood in the present responsible declaration, as provided for in Article 49.1.1) of the aforementioned royal decree. Such cancellation would have the effect of the loss of the specific remuneration scheme, and, where appropriate, the repayment of the amounts unduly paid with the interest of late payment. All without prejudice to the applicable sanctioning regime.

In ....................... to ........ of ........................... of .......

Signature

ANNEX XII

Responsible statement regarding the modification of the installation for remuneration purposes

RESPONSIBLE DECLARATION

D. /D ......................................................................................................................., older, with national identity document number .........................................., in name and representation of ........................................................., with registered office at ......................................................................................................................................... and CIF ............................................., holder of the installation with identification number in the register of specific remuneration in pre-assignment status ...................., CIL ........................................... and number of final registration in the administrative register of installations of ......................................................... production of electrical energy dependent on the competent authority ...................................................

I declare under my responsibility, for the purposes set out in Article 51 of Royal Decree XXX/2014, xx of xxxx, that the activity of producing electrical energy from renewable energy sources is regulated, cogeneration and waste, which the said installation has been modified in relation to the characteristics which it had at the time of making the application for registration in the register of specific remuneration in the state of operation and/or the fuels used initially reported. The main changes are as follows:

a) ....

b) ....

This responsible statement is accompanied by the preliminary draft of the amendment, which details the aspects mentioned above and the authorization to use the same.

[Or, in case of non-mandatory modification exploitation authorization:

This responsible statement is accompanied by the preliminary draft of the amendment, which details the aspects mentioned above. The aforementioned modification has not required authorization of definitive exploitation and was totally finalized the ............. of ................... of ..........]

I also manifest that I have the documentation that accredits this modification, and that I undertake to maintain it during the period of time when the installation is entitled to the perception of the remuneration regime. specified in Title IV of Royal Decree XXX/2014, of xx of xxxx, and to notify the facts of a modification thereof, assuming legal responsibilities in the event of non-compliance, falsehood or omission.

Finally, I declare to know that it will be ground for the cancellation of the registration of the mentioned installation in the register of specific salary regime in the state of exploitation the finding of the falsehood in the present responsible declaration, as provided for in Article 49.1.1) of the aforementioned royal decree. Such cancellation would have the effect of the loss of the specific remuneration scheme, and, where appropriate, the repayment of the amounts unduly paid with the interest of late payment. All without prejudice to the applicable sanctioning regime.

In ....................... to ........ of ........................... of .......

Signature,

ANNEX XIII

Calculation of the net asset value and the adjustment coefficient of the type facilities associated with the facilities included in the scope of the second provision second.

1. For the calculation of the net value of the asset and of the adjustment coefficient of the type-installations associated with the facilities defined in paragraphs 1 and 2 of the second provision, the methodology of this Annex shall apply, with the Following considerations:

(a) The remuneration parameters are calculated on 1 January 2014, with the exception of the parameters of the type facilities with definitive operating authorisation from 2014 or later in which case they will be calculated on 1 January 2014. January of the year following the year of the final exploitation authorisation.

(b) The type installation does not receive revenue or costs during the calendar year in which it obtains the final operating authorisation.

(c) The revenue and operating costs of the type-installation in successive years are incurred on 31 December of that year.

(d) The investment of the type installation is imputed on 1 January of the year following that of the definitive operating authorisation.

2. For the first time setting of the remuneration parameters of the type facilities with definitive operating authorisation in 2013 or earlier, which shall apply in the first regulatory semi-period, the net value of the asset to the the start of the regulatory semi-period and the adjustment coefficient shall be calculated according to the following:

2.a) Net asset value.

VNA_{j, a}: Net value of the asset per unit of power, at the start of the "j" regulatory semi-period, for the type facility with definitive operating authorisation in the year "a", expressed in €/MW.

VI_a: Value of the initial investment of the type facility with definitive operating authorization in the year "a" per power unit, expressed in €/MW.

a: Year of definitive exploitation authorization of the type installation.

p: 2014, as the first full year of the first regulatory semi-period.

ing_i: Average total income per unit of power perceived by the type installation in year i, for years prior to 2014.

Cexp_i: Estimating the operating cost per unit of power of the type installation in year i, for the years prior to 2014.

t: Update rate that takes as the value of the reasonable return as defined in the second provision second, without prejudice to its subsequent revision in the legally intended terms.

For the calculation of the revenue for 2013, the actual remuneration values, collected up to 13 July of this year and an estimate of the revenue collection from 14 July onwards, will be considered. role of the remuneration parameters for the year 2014. For this estimate, the value of the price of the electricity market in 2013, for the period from 14 July to 31 December, will be the arithmetic average, rounded to two decimal places, of the actual average prices of the electricity market. published by the operator of the Iberian Electricity Market (OMIE). For the operating costs, the costs associated with the electricity generation shall be charged for each period.

For installations with definitive operating authorization in the year a = p-1, VNA_{j, a} = VI_awill be considered.

In no case shall the net asset value be negative, if a negative value is obtained from the previous formulation, the net asset value (VN_{j, a}) shall be deemed to be zero.

2.b) Adjustment Coefficient.

Where:

Cb_{j, a}: Coefficient of adjustment of the type installation with definitive operating authorization in the year "a" for the regulatory semi-period "j" expressed by one.

VNA_{j, a}: Net value of the asset per unit of power, at the start of the "j" regulatory semi-period, for the type facility with definitive operating authorisation in the year "a", expressed in €/MW.

p: 2014, as the first full year of the first regulatory semi-period.

a: Year of definitive exploitation authorization of the type installation.

VU: Regulatory life of the type installation expressed in years.

Ingf_i: Estimate of future operating income per unit of power that will be charged by the type facility in the year "i" to the end of its regulatory lifetime. Operating income shall include income from the sale of energy on the market and, where appropriate, income from the remuneration for the operation and the income covered by Article 24 (2) and (3). This value shall be expressed in €/MW.

Cexpf_i: Estimating the future operating cost, per power unit, of the type installation in the year "i" to the end of its regulatory lifetime. This value shall be expressed in €/MW.

t_i: An update rate that takes as the value of the fair return established for the "j" regulatory semi-period, expressed as one. This fee shall be the rate for the entire regulatory period in accordance with Article 19. In the regulatory semi-periods belonging to the first regulatory period, the rate of update shall take as the value of the reasonable return established in the second provision second.

The adjustment coefficient C shall be between 0 and 1. In case you adopt negative values, C will be considered to be zero and if you adopt values higher than the drive, C will be considered to take the value one.

3. For the establishment of the remuneration parameters of the type facilities with definitive operating authorisation in the year 2014 or later and which is further after the start of the regulatory semi-period in which they are applied Remuneration parameters, the adjustment coefficient shall be calculated using the methodology in paragraph 2 above by replacing "p" with "a + 1" and "VNAL_{j, a}" is considered to be equal to the standard value of the initial investment of the type-installation with definitive operating authorisation in the year "a" per power unit, expressed in €/MW (Vl _a).

For the review provided for in Article 20 of the remuneration parameters for application in the "j" regulatory semi-period, of the type with final operating authorisation in the year 2014 or later when the latter the following methodology is applied for the calculation of the net value of the asset and the adjustment coefficient in the previous regulatory semi-period "j-1".

4.a) Net asset value.

Where:

VNA_{j, a}: Net value of the asset per unit of power, at the start of the "j" regulatory semi-period, for the type facility with definitive operating authorisation in the year "a", expressed in €/MW.

VI_a: Value of the initial investment of the type facility with definitive operating authorization in the year "a" per power unit, expressed in €/MW.

a: Year of definitive exploitation authorization of the type installation.

p: First year of the "j" regulatory semi-period.

t_j-1: The rate of update with which the remuneration parameters were calculated in the previous regulatory semi-period "j-1".

Ingf_{i, j-1}: Estimate of future operating income of the type facility that was considered in the calculation of the retributive parameters of the semi-period "j-1" for the year "i", per unit of power, expressed in €/MW.

Cexp_{i, j-1}: Estimate of the future operating cost of the type facility that was considered in the calculation of the remuneration parameters of the "j-1" semi-period for the year "i" per power unit, expressed in €/MW.

Vajdm_{i, j-1}: Adjustment value for market price deviations in the year "i" of the regulatory semi-period "j-1" expressed in €/MW, as set out in Article 22.

In no case will the net asset value be negative. If a negative value is obtained from the previous formulation, the net asset value (VNA_{j, a}) shall be deemed to be zero.

For installations with definitive operating authorization in the year a = p-1, VNA_{j, a} = Vl_awill be considered.

4.b) Adjustment Coefficient.

Where:

C_{j, a}: Coefficient of adjustment of the type installation with definitive operating authorization in the year "a" for the regulatory semi-period "j" expressed by one.

VNA_{j, a}: Net value of the asset per unit of power, at the start of the "j" regulatory semi-period, for the type facility with definitive operating authorisation in the year "a", expressed in €/MW.

p: First year of the "j" regulatory semi-period.

a: Year of definitive exploitation authorization of the type installation.

VU: Regulatory life of the type installation expressed in years.

Ingf_i: Estimate of future operating income per unit of power that will be charged by the type facility in the year "i" to the end of its regulatory lifetime. Operating income shall include income from the sale of energy on the market and, where appropriate, income from the remuneration for the operation and the income covered by Article 24 (2) and (3). This value shall be expressed in €/MW.

Cexpf_i: Estimating the future operating cost, per power unit, of the type installation in the year "i" to the end of its regulatory lifetime. This value shall be expressed in €/MW.

t_i: An update rate that takes as the value of the fair return established for the "j" regulatory semi-period, expressed as one. This fee shall be the rate for the entire regulatory period in accordance with Article 19. In the regulatory semi-periods belonging to the first regulatory period, the rate of update shall take as the value of the reasonable return established in the second provision second.

The adjustment coefficient C shall be between 0 and 1. In case you adopt negative values, C will be considered to be zero and if you adopt values higher than the drive, C will be considered to take the value one.

5. For the review provided for in Article 20 of the remuneration parameters for the "j" regulatory semi-period, of the type facilities with final operating authorisation prior to the start of the previous regulatory semi-period 'j-1' means the following methodology for the calculation of the net asset value and the adjustment coefficient. This methodology will therefore be used, inter alia, for the first and subsequent reviews of the remuneration parameters of the type facilities with definitive operating authorisation in 2013 or earlier, as well as for the second and subsequent revisions of the remuneration parameters of the standard facilities with a year of definitive operating authorisation in 2014 and beyond.

5.a) Net asset value.

Where:

VNA_{j, a}: Net value of the asset per unit of power, at the start of the "j" regulatory semi-period, for the type facility with definitive operating authorisation in the year "a", expressed in €/MW.

VNA_{j-1 ,a}: Net value of the asset per unit of power, at the start of the "j-1" regulatory semi-period, for the type facility with definitive operating authorisation in the year "a", expressed in €/MW.

a: Year of definitive exploitation authorization of the type installation.

p: First year of the "j" regulatory semi-period.

sm: Number of years of the retributive semi-period, takes value 3 under Article 15.

t_j-1: The rate of update with which the remuneration parameters were calculated in the previous regulatory semi-period "j-1".

Ingf_{i, j-1}: Estimate of future operating income of the type facility that was considered in the calculation of the retributive parameters of the semi-period "j-1" for the year "i", per unit of power, expressed in €/MW.

Cexp_{i, j-1}: Estimate of the future operating cost of the type facility that was considered in the calculation of the remuneration parameters of the "j-1" semi-period for the year "i" per power unit, expressed in €/MW.

Vajdm_{i, j-1}: Adjustment value for market price deviations in the year "i" of the regulatory semi-period "j-1" expressed in €/MW, as set out in Article 22.

In no case will the net asset value be negative. If a negative value is obtained from the previous formulation, the net asset value (VNA_{j, a}) shall be deemed to be zero.

5.b) Adjustment Coefficient. The methodology defined in paragraph 4.b) of this Annex shall be used for calculation.

ANNEX XIV

Energy efficiency conditions required for cogeneration facilities included in the ninth transitional provision

1. The equivalent electric performance (REE) of cogeneration installations in the annual period shall be equal to or greater than that corresponding to the following table:

Type	Equivalent Electrical Performance - Percentage
fuels in boilers	49
56
56
Solid Fuels	49
gas and LPG in thermal engines
Natural Gas and LPG in Gas Turbines	59
	Other Technologies and/or fuels	59

For installations whose installed power is less than or equal to 1MW, the required minimum equivalent electric performance value shall be 10 per cent lower than the one shown in the table above by type of technology and fuel.

2. The equivalent electrical performance of a cogeneration plant shall be determined by the following formula:

Being:

E: Electrical power generated measured in alternator bornes, expressed in MWh_E.

F: Fuel consumption of both cogeneration and post-combustion devices in case they exist. This value will be expressed in MWh_PCI.

H: Production of useful heat or useful thermal energy as defined in accordance with Article 2 (b) of Royal Decree 616/2007 of 11 May on the promotion of cogeneration and the heat produced by the devices of post-combustion if they exist. This value will be expressed in MWh_T.

Ref H: Performance reference value for the separate heat output as published in Annex II to the Commission Decision of 19 December 2011 laying down harmonised reference values for separate production of electricity and heat.

3. Excluded from the calculations of annual periods referred to in the previous point shall be those hours where the installation has been programmed by the system operator to maintain its production when the associated consumer process reduce the power demanded in response to a power reduction order. Therefore, the values shall be those for the remainder of the annual period.

4. For the purposes of justifying compliance with the equivalent electrical performance in the annual declaration, the parameters accumulated during that period shall be used.

5. For installations using several conventional fuels, a single equivalent electric performance shall be calculated from the reference yields for each fuel.

6. For the verification of the energy efficiency indices indicated in this Annex, local measurement equipment and totalizers shall be installed. Each of the parameters F, H and E must have at least one measurement equipment.

7. For the determination of the equivalent electrical performance on the date of the final operating authorisation, all parameters shall be counted for an uninterrupted period of two hours of nominal load operation.

ANNEX XV

Access and connection to the network

1. The procedures for access and connection to the network, and the operating conditions for generation facilities from renewable energy sources, cogeneration and waste, as well as the development of the necessary network facilities for the connection and associated costs, shall be settled as set out in Royal Decree 1955/2000 of 1 December 2000 governing the transport, distribution, marketing, supply and authorisation procedures of the electrical power installations and in Royal Decree 1699/2011 of 18 November, for which the regulates the connection to a network of installations of production of small power electric power and the regulations that develop it, with the particular conditions established in the present royal decree. In the case of non-acceptance by the holder of the alternative proposal made by the distribution company in respect of an application for access and connection, the competent authority may request the decision of the discrepancy, which shall be (a) be issued and notified to the person concerned within the maximum period of three months from the date of the application.

2. The following criteria shall also be observed in relation to the maximum permissible power in the interconnection of a production facility or set of facilities sharing the connection point to the network, as provided for in connection with the distributor to a line or directly to a substation:

1. º Lines: the total power of the installation, or set of installations, connected to the line shall not exceed 50 percent of the capacity of the line at the point of connection, defined as the thermal capacity of the design of the line at that point.

2. Sub-stations and processing centres (AT/BT): the total power of the facility, or set of facilities, connected to a substation or transformation centre shall not exceed 50% of the capacity of the installed transformation for that voltage level.

3. Provided that the conditions of security and quality of supply for the electrical system are safeguarded, in economic conditions of equality and with the limitations which, according to the current regulations, are established by the system operator or where applicable by the distribution system operator, installations for the production of electrical energy from renewable energy sources and high-efficiency cogeneration shall be given priority for the evacuation of the energy produced, with particular reference to: preference for non-manageable generation from renewable sources. In addition, with the aim of contributing to the safe and maximum integration of electrical energy from non-manageable renewable energy sources, the system operator will consider those generators whose technological adequacy contribute to a greater extent to ensure the security and quality of supply conditions for the electrical system.

For the purposes of this paragraph, a non-manageable generation shall mean a non-manageable generation whose primary source is neither controllable nor storable and whose associated production plants lack the possibility of carrying out a production control following instructions from the system operator without incurring a primary energy spill, or the strength of the future production forecast is not sufficient for it to be considered as a programme.

4. Where several generators share the point of connection to the transport network, the processing of access and connection procedures, to the operator of the system and the carrier, as well as the coordination with the latter after the entry into service of the the generation must be carried out jointly and coordinated by a Single Nudo Interbroadcaster acting on behalf of the generators, in terms and with the functions to be established.

5. For installations or clusters of more than 10 MW, with an existing and planned connection to the distribution network, and after the conclusion of their acceptability by the distribution manager, the distribution manager shall request the system operator to accept it. from the perspective of the transport network in the access and connection procedures. The pool of existing or planned generators, or groupings of such generators in accordance with the definition of grouping set out in Article 7, with an installed power greater than 1 MW and with a majority condition on the same knot, is considered to be a grouping. of the transport network.

The distribution system operator shall also inform the system operator of the resolution of the access and connection procedures for all installations covered by this royal decree.

6. Prior to the stress on the associated generation and network connection facilities, the verification report of the technical connection conditions of the system operator or the distribution network operator shall be required. compliance with the requirements for putting into service the installation according to the current regulations, based on the information provided by the generators. Compliance shall be accredited by the competent body.

7. The costs of the facilities necessary for the connection shall be, in general, the costs of the operator of the production facility.

8. If the competent body appreciates circumstances in the network which technically prevent the absorption of the energy produced, it shall set a time limit for subsating them. The costs of the modifications to the network shall be borne by the operator of the production facility unless they are not exclusively for their service; in such a case, they shall be borne by both parties by mutual agreement, taking into account the use of the It provides for the amendments to be made by each of the parties. In case of discrepancy, the relevant organ of the competent authority shall be resolved.

9. For non-manageable generation, the generation capacity of a facility or set of facilities that share a connection point to the network shall not exceed 1/20 of the shorting power of the network at that point.

In the event of the opening of the automatic switch of the network operator at the point of connection, as well as in any situation where the generation can be left operating on island, it will be installed by the generator a automatic telefiring system or other means which disconnects the power plant or power plants in order to avoid possible personal injury or the load. In any event, this circumstance will be explicitly reflected in the contract to be concluded between the generator and the company that holds the network at the point of connection, referring in its case to the necessary coordination with the reengagement devices. automatic network in the zone.

Without prejudice to the specificities established for the installations to be implemented by Royal Decree 1699/2011 of 18 November, the minimum frequency protection of the generating groups must be coordinated. With the system of load shedding by frequency of the Spanish peninsular electrical system, the generators can only be decouple from the net if the frequency falls below 48 Hz, with a timing of at least 3 seconds. On the other hand, the maximum frequency protection can only result in the decoupling of the generators if the frequency rises above 51 Hz with the timing to be established in the operating procedures.

This Annex shall apply, without prejudice to the specificities established for the installations to which Royal Decree 1699/2011 applies, of 18 November.

ANNEX XVI

Harnessing useful heat for building air conditioning

1. Those cogeneration plants in which the use of the useful heat is carried out for the purpose of use as heat or cold for air conditioning of buildings, as provided for in the transitional provision novena, may be voluntary benefit from the provisions of this Annex. Such installations shall be paid only on the basis of the electrical energy that meets the required minimum electricity performance calculated as set out in paragraph 2 of this Annex.

2. The electrical energy that meets the required equivalent electrical performance (E_REE0) shall be calculated according to the following expression:

Where:

E: Electrical power generated measured in alternator bornes, expressed in MWh_E.

F: Fuel consumption of both cogeneration and post-combustion devices in case they exist. This value will be expressed in MWh_PCI.

H: Production of useful heat or useful thermal energy as defined in accordance with Article 2 (b) of Royal Decree 616/2007 of 11 May on the promotion of cogeneration and the heat produced by the devices of post-combustion if they exist. This value will be expressed in MWh_T.

Ref H: Performance reference value for the separate heat output as published in Annex II to the Commission Decision of 19 December 2011 laying down harmonised reference values for separate production of electricity and heat.

REE₀: Minimum equivalent electrical performance required of the generations, according to the table included in paragraph 1 of Annex XIV to this royal decree.

E_REE0: In no case can you exceed the value of the electricity sold to the network in the period.

3. Installations covered by this Annex shall be subject to the specific remuneration scheme by carrying out the calculations in a disaggregated form in two half-yearly annual reviews.

4. The methodology for applying the remuneration scheme shall be established by ministerial order in accordance with the provisions of this Annex.

ANNEX XVII

Net power test for hydraulic and thermal installations

1. The installed net power shall be expressed in MW with two decimal places and shall be defined, depending on the technology used, as follows:

(a) The net power installed for each conventional or mixed hydraulic group is defined as the maximum power which can be maintained in continuous gear for a period equal to or greater than four hours, referred to in the generator deduced the auxiliary consumption to express it in bars of central, assuming the totality of its facilities in service and the conditions of flow and height of the jump are optimal.

(b) The net installed power of each heat group is defined as the maximum power that can be maintained continuously for at least one hundred hours and referred to the terminals of the group generator deducted from the consumption auxiliary to express it in central bars, assuming that all of its facilities are in service and that there is a sufficient quantity of fuel in the park and the usual quality.

2. The operating test referred to in the above paragraph shall be performed according to the following generic protocol:

a) Communication to the Test System Operator to perform.

b) Confirmation of the availability of fuel or water, as appropriate.

c) A marking with the date and time of the beginning and end of the test.

d) Checking the existence of telemedidas.

e) Checking the group's net energy counter reading at the start of the test and subsequent sealing of the counter box.

f) Checking the group's net energy counter reading at the end of the test.

g) Where appropriate, check the most characteristic data for the operation of the boiler in order to determine that the manufacturer's specifications are not exceeded.

h) Average power deduction.

i) Obtaining by means of readings of the energy counter in group generator bornes, of the gross power during the test.

j) Obtaining auxiliary consumption for that power level, by difference between the gross and net power of the group.

k) In the case of hydraulic groups, once the gross and net power is determined on the basis of the conditions of the hydraulic jump and flow during the test, the maximum gross and net power to be calculated shall be calculated could obtain in optimal flow and jump conditions.

3. The net power tests shall be performed by entities accredited by the administration.

4. The result of the test will be forwarded by the interested party to the National Commission of the Markets and the Competition. It shall forward to the Directorate-General for Energy Policy and Mines, on a monthly basis, a list of facilities which have exceeded that operational test, indicating the resulting net power.