Law 34/1998, of 7 October, of the Hydrocarbons Sector has created the National Energy Commission with powers on energy systems, encompassing in this concept both the electricity market and the market of the liquid and gaseous hydrocarbons. This Commission is set up as a public body whose aim is to ensure effective competition in these energy systems and the objectivity and transparency of their operation, in general by establishing their structure, (a) the role and the legal system and the provision of regulatory development for the implementation of these aspects.

To this end, the present Royal Decree responds in a systematic way, among others, the system of administrative resources provided for by the Law of the Hydrocarbons Sector against the resolutions and acts of the Commission and in which both the aspects concerning the legal regime that apply to it and its functions, organs that compose it, organs of advice and staff and budgetary procedure are developed. All this with the fundamental aim of providing this Commission with the legal framework and organisational structure to ensure the proper performance of its tasks.

The Law of the Hydrocarbons Sector has determined the abolition of the National Electricity System Commission, attributing the functions that until then were entrusted to the National Energy Commission, although it establishes a a transitional period during which the transitional period shall continue in the performance of its duties.

It also provides that the transfer of material and personal means from one body to another will be regulated, guaranteeing, in any case, the maximum economy of resources. This Royal Decree also responds to this end, establishing the mechanisms that guarantee the coexistence of both organisms during the transitional period.

In its virtue, at the initiative of the Minister of Industry and Energy, on a joint proposal of the Ministers of Public Administrations and of Economy and Finance, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 31 July 1999,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. The National Energy Commission.

The National Energy Commission, created by the 11th additional provision of Law 34/1998, of 7 October, of the Hydrocarbons Sector, is a public body with legal personality, its own patrimony and its full capacity. act, attached to the Ministry of Industry and Energy.

Article 2. Legal framework.

1. The National Energy Commission will be governed by the provisions of Law 34/1998, of 7 October, of the Hydrocarbons Sector and in this Royal Decree. It shall also be governed by the provisions of the recast text of the General Budget Law, adopted by Royal Decree No 1091/1988 of 23 September 1988, which is applicable to it and supplemented by the Law of the Organization and Operation of the General Administration of the State, 6/1997, of 14 April.

The Commission will subject its activity to the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999, of January 13, when exercises administrative powers, to the law of contracts of public administrations their hiring of goods and services, submitting in the rest of their activity to private law.

2. Against the resolutions adopted by the National Energy Commission in the exercise of the functions referred to in numbers 1 and 2 of the third paragraph of the 11th additional provision of the Law of the Hydrocarbons Sector, and against its acts If such acts directly or indirectly decide the substance of the case, they determine the impossibility of continuing the proceedings, they produce defenseless or irreparable damage to legitimate rights and interests, Appeal to the Minister for Industry and Energy.

They are excepted from the provisions of the previous paragraph and will therefore end the administrative route, in accordance with the provisions of the Law of the Hydrocarbons Sector and the additional 15th of the Law of Organization and functioning of the General Administration of the State, the resolutions that are issued in the exercise of the function of resolution of the conflicts that are posed to it, in relation to the electrical sector, on the economic management and (a) the system and the transport sector, and in relation to the gas sector, those which are raised on the management of the system, as well as the circulars that refer to information.

3. The National Energy Commission, after a report from the Ministries of Industry and Energy, Public Administrations and the Economy and Finance, will approve its Rules of Procedure, which will regulate the functioning of its organs, as well as the technical, legal, administrative and economic services necessary for its proper functioning. Once approved, the regulation will be published in the "Official State Gazette".

CHAPTER II

National Energy Commission's Object and Functions

Article 3. Object of the National Energy Commission.

The National Energy Commission is the public body responsible for ensuring effective competition in energy systems and for the objectivity and transparency of its functioning for the benefit of all subjects operating in such systems and consumers.

When the Commission finds evidence of restrictive practices of competition prohibited by Law 16/1989 of 17 July of the Defence of Competition, it will put it to the attention of the Defence Service of the Competence, to which the instruction of the file corresponds. The National Energy Commission shall provide all the elements of fact within its scope and, where appropriate, a non-binding opinion of the rating that it deserves such facts.

For the purposes of this article, energy systems, the electricity market, as well as both liquid and gaseous hydrocarbon markets will be understood.

Article 4. Functions.

The National Energy Commission is responsible for the exercise of the functions set out in the third paragraph of the 11th additional provision of the Hydrocarbons Sector Law, as well as any other functions that may be attribute by legal or regulatory range rule.

SECTION 1 PROPOSAL AND REPORT FUNCTION

Article 5. Report Issue.

1. As a consultative body in the energy field, the National Energy Commission is responsible for issuing the reports requested by the Ministry of Industry and Energy and the Autonomous Communities in the exercise of their powers in this field. material.

2. In the exercise of the second, third and fourth functions of the additional provision of the Hydrocarbons Sector Act, the National Energy Commission shall issue a report of a mandatory nature on the matters relating to it. referred by the Ministry of Industry and Energy.

3. Where the National Energy Commission considers it appropriate to participate in the procedures referred to in the above paragraph, without a request from the Ministry of Industry and Energy, it may raise the the proposals it deems appropriate. These proposals shall be accompanied by a report justifying the need and opportunity of the proposals as well as by the mandatory report of the Advisory Council which is competent for the matter.

4. In the case of applications for new energy installations which fall within the competence of the General Administration of the State, the National Energy Commission shall issue a report on the proposal for a resolution which is submitted by the Ministry of Industry and Energy.

5. When the National Energy Commission issues a report, it shall submit the report to the Commission's legal adviser referred to in Article 26 of this Royal Decree. In addition, in the exercise of the second, third, fourth and sixth functions of the additional provision of the Hydrocarbons Sector Act, the report should also be submitted to the Advisory Council for consultation. by reason of the matter. The National Energy Commission shall issue its report taking into account the outcome of the abovementioned consultations, which shall be annexed as annexes.

Article 6. Deadlines.

1. As a general rule, the National Energy Commission shall issue the required reports within ten days. However, in the exercise of the fourth function of the additional provision of the Hydrocarbons Sector Act, the deadline for the issue of the report shall be 15 days and in the second, third and sixth of a month.

For reasons of proven exceptionality, the urgency processing procedure can be applied, whereby the deadlines will be reduced by half.

2. After the time limit for the issue of the report has elapsed without it being issued, the procedure may be continued.

SECTION 2. ARBITRATION FUNCTION

Article 7. Arbitration of the Commission.

It is for the National Energy Commission, under the legal regime established in Law 36/1988, of 5 December, of Arbitration, which will be applicable in this section, the exercise of the function of act as an arbitration body in the conflicts that are submitted to it by individuals engaged in activities in the electricity or hydrocarbon sector.

In addition, conflicts arising between consumers who are considered to be qualified and the subjects referred to in the preceding paragraph may be subject to the arbitration of the Commission.

This arbitration function will be free of charge and will not have a public character.

Article 8. Initiation of arbitration.

The Commission's arbitral action shall be taken in writing signed by the actor or his representative in which the name and address of the claimant and the person against whom the complaint is addressed shall be expressed. in fact and grounds of law, where applicable, in which the claim is founded, the content of the complaint and, where appropriate, the proposal of the evidence which it considers relevant.

Article 9. Reply.

The Secretariat of the Commission shall send a copy of the complaint to the party against which it is made, in order to reply within 10 days, with an exposure to the factual background and, where appropriate, the grounds for the right to to his/her applicable judgment and proposition of the evidence that he considers relevant.

Article 10. Collaboration of the General Administration of the State in the practice of the test.

The Commission may, for the purposes of testing, request the collaboration of the organs of the General Administration of the State, which shall provide it as quickly as possible.

Article 11. Conclusions.

Practiced the test, the Commission will require the parties to make their written conclusions. The oral hearing may be agreed by the Commission, either on its own initiative or at the request of the parties.

Article 12. Majority needed to dictate the award.

The arbitral award may not be issued without the agreement of at least five of the members of the Board of Directors of the Commission.

Article 13. Advance of the costs for the practice of the tests.

The amount of the costs for the practice of the tests shall be advanced by the person who proposes them, without prejudice to the provisions of the Law on the Arbitration for Coasts.

SECTION 3. OTHER FUNCTIONS

Article 14. Conflict resolution.

1. The National Energy Commission shall, at the request of any of the parties concerned, resolve any disputes arising in connection with the electricity sector with regard to the economic and technical management of the system and transport, and The industry will be responsible for the management of the system.

The handling of these conflicts will respect the general principles of procedure provided for in Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. The initiation and processing of the procedure shall be carried out by the bodies which are competent in accordance with the rules of procedure referred to in Article 2.3 of this Royal Decree. The Commission's resolutions will resolve all the issues raised.

2. It is for the National Energy Commission to resolve any disputes arising out of contracts relating to the access of third parties to installations for the transport or storage of liquid petroleum products, to the network basic, secondary transport network, natural gas distribution network or transport networks and, where appropriate, distribution of electrical power, where any of the facilities are the responsibility of the General Administration of the State, or affected competition facilities of more than one Autonomous Community.

3. The questions relating to the application of the tolls which are administratively approved are exempted from the provisions of the previous paragraph.

Article 15. Formalization of the right of access.

1. The persons with the right of access shall send a formal request to the operators of the premises in respect of which they intend to exercise it. If any of the reasons for refusal of access to third parties, as contained in the Law of the Electrical Sector or in the Law of the Hydrocarbons Sector, are present, the owners of the facilities must communicate their refusal to the National Commission of Energy and the applicant, in a reasoned manner, within a maximum of one month from the formal request for access.

In any event, the refusal of the right of access to the natural gas transport networks motivated by the application of the principle of reciprocity referred to in Article 70.4 of the Law of the Hydrocarbons Sector, will require the upon the compliance of the National Energy Commission.

2. The applicant may raise written disconformity to the National Energy Commission who, after hearing the parties, shall decide within a maximum period of two months. In the event of a lack of express resolution within that period, access shall be deemed to be granted.

3. Where necessary to make the requested right of access to facilities within the Autonomous Communities effective, the National Energy Commission shall request a mandatory report from the Autonomous Communities.

Article 16. Conflicts over the right of access.

1. Disputes relating to contracts referred to in the preceding Article where they relate to the effectiveness or conditions of the exercise of the right of access may be submitted to the National Energy Commission for resolution by any of the parties, who shall record the factual background and the basis of law on which they are based. The processing of such conflicts shall respect the general principles of procedure laid down in Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. The initiation and processing of the procedure shall be the responsibility of the bodies which are competent in accordance with the rules of procedure referred to in Article 2.3 of this Royal Decree.

2. The National Energy Commission shall resolve these disputes in accordance with the provisions of the applicable legislation, taking into account the provisions of the current electricity or hydrocarbon planning, as appropriate.

3. If, for the resolution of the conflict, questions have to be decided which affect installations which fall within the competence of the Autonomous Communities, the National Energy Commission shall request the Communities to report on a mandatory basis. affected.

4. The National Energy Commission shall decide on the conflicts raised within the maximum period of two months, after hearing all the parties concerned. In addition to the parties to the contract, all those referred to in Article 31.1 of Law 30/1992 of 26 November

be considered to be concerned.

The National Energy Commission will communicate the resolutions it adopts in the conflicts referred to in this article to the Ministry of Industry and Energy, as well as to the Autonomous Communities that are affected by the same.

Article 17. Issue of circulars.

In the exercise of the function of issuing circulars of development and execution of the rules contained in the Royal Decrees and the Orders of the Ministry of Industry and Energy that are dictated in the development of the regulations energy, provided that these provisions enable it to be put in place for this purpose, and for circulars of information referred to in the additional provision of the Law of the Hydrocarbons Sector, respectively, 1 and 4, respectively, the Commission National Energy must submit the same to the report of the State Advocate of the Ministry of Industry and Energy, prior to publication in the "Official State Gazette".

Article 18. Authorization of participations.

1. It is for the National Energy Commission to authorise the holdings made by companies with activities that are considered to be regulated, in the companies referred to in Articles 14.3 of the Law of the Electrical Sector and 63.5 of the Law of the Hydrocarbons Sector. Authorisations may be refused only as a result of the existence of significant risks or negative, direct or indirect effects on the activities covered by the aforementioned laws, which may for these reasons be granted authorisations. which express the conditions under which such operations may be carried out.

2. The Commission shall decide on the application for authorisation referred to in this Article within the maximum period of one month. After that time limit without the express resolution being issued, the authorisation shall be deemed to have been granted.

3. The National Energy Commission shall communicate to the Ministry of Industry and Energy the resolutions it adopts in the exercise of the function referred to in this Article.

CHAPTER III

Structure of the National Energy Commission

SECTION 1 OF THE ADMINISTRATION COUNCIL

Article 19. The Board of Directors.

The National Energy Commission shall be governed by a Board of Directors, which shall be responsible for the exercise of all the functions set out in the previous chapter.

These functions will not be delegated to other bodies of the Commission except for the selection and recruitment of their staff.

Article 20. Composition and appointment.

1. The Board of Directors shall be composed of a President, eight members and a Secretary who shall act with a voice but without a vote. The appointment of the President and the vowels shall be carried out in accordance with the provisions of the 11th additional provision of Law 34/1998.

2. The Minister of Industry and Energy, the Secretary of State for Industry and Energy or a senior official of the Ministry in whom they delegate, may attend the meetings of the Board of Directors, with a voice but without a vote, when they deem it necessary in the light of the cases included in the relevant agenda. To this end, the agenda for these meetings shall be forwarded to both the Minister for Industry and Energy and the Secretary of State for Industry and Energy at the same time as the members of the Board of Directors.

Article 21. Operating system.

The rules of procedure of the National Energy Commission shall govern the functioning of the Board of Directors and, in particular, establish the arrangements for convening, sessions and adoption of agreements.

For the valid constitution of the Council, for the purposes of the holding of meetings, deliberations and taking of agreement, the presence, at least, of the President and of the Secretary or, where appropriate, of those who replace him and his four of his vowels. For these purposes, the members of the Council must attend the meetings of the Council in person.

Article 22. Duration of the command and incompatibilities.

The duration of the term of office of the President and the members of the National Energy Commission, as well as the causes of the cessation of their posts, will be the ones that establishes the 11th additional provision of the Law of the Hydrocarbons Sector, in the the incompatibilities regime to which they are subject is collected.

Article 23. Remuneration scheme.

The remuneration of the President and the vowels shall be determined by the Minister of Economy and Finance in accordance with the procedure laid down for the high positions of entities and entities governed by public law in the corresponding Laws of General Budget of the State.

Article 24. Economic compensation scheme.

The President and the members of the National Energy Commission will cease in office and during the next two years they will not be able to engage in any professional activity related to the energy sectors. By virtue of this limitation, the President and the vowels of the National Energy Commission shall be entitled to receive, upon termination of their term of office, resignation or permanent incapacity for the performance of their duties. from the month following the month in which the termination of the payment is made, and for a period equal to that of the two-year limit, a monthly economic compensation equal to the part of the total of 80 per 100 of the total remuneration allocated to the respective charge in the budget in force for the period indicated.

The above compensation will be incompatible with the performance of the reference charges, case of being designated again for one of the same or with the performance of any job, position or activity in the public sector.

SECTION 2 OF THE OTHER ORGANS OF THE NATIONAL ENERGY COMMISSION

Article 25. President.

1. The Chairman of the National Energy Commission shall be Chairman of the Board of Directors and its Advisory Councils.

2. Corresponds to the Chairman of the National Energy Commission:

a) Ostend the legal representation of the Commission.

(b) With regard to the Council and the other bodies of the Commission whose presidency is responsible, it shall exercise the powers conferred by Law No 30/1992 of 26 November 1992 on the Presidents of the administrative Legal status of public administrations and the common administrative procedure.

(c) Exercise the other powers conferred on it by the Commission's internal rules of procedure.

3. The President shall be replaced in the case of vacancies, absence or illness by the member who, for that purpose, is appointed by the Board of Directors.

Article 26. Secretary.

1. The Board of Directors shall appoint a Secretary, who shall act with a voice but without a vote, and shall be the legal adviser to the Commission, in accordance with the advice of all its bodies on the legal matters raised by it, as well as the control of the the legality of the acts and agreements adopted by the Board of Directors of the National Energy Commission.

The Secretary will assist the President in preparing the work and meetings of the National Energy Commission. The Secretary is also responsible for ensuring the necessary coordination of the Commission's services.

2. The Secretary shall be the Council and the other collegiate bodies of the National Energy Commission and shall be responsible for the exercise of the powers conferred on the Secretaries of the administrative collegiate bodies by Law No 30/1992 of 26 January 1992. November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 27. Duty of stealth.

The members of the National Energy Commission must keep stealth, even after they cease their duties, of how much information they know in the exercise of their positions.

SECTION 3. ADVISORY BODIES

Article 28. Advisory bodies of the Commission.

1. The Electricity Advisory Board and the Hydrocarbons Advisory Council referred to in the second paragraph of the 11th additional provision of Law 34/1998 of 7 October of the Hydrocarbons Sector are advisory bodies of the the National Energy Commission.

2. Without prejudice to the peculiarities provided for in this Royal Decree, these Advisory Councils shall be governed by the provisions of Chapter II of Title II of Title II of Law No 30/1992 of 26 November 1992 on the Public Administrations and the Common Administrative Procedure.

Article 29. Functions of the Advisory Councils.

According to the provisions of Law 34/1998 of 7 October, of the Hydrocarbons Sector, the Electricity Advisory Council and the Hydrocarbons Advisory Council in relation to the sector on which each one is They may report on the actions carried out by the National Energy Commission in the performance of their duties. This report shall be mandatory for the actions to be carried out in the execution of the second, third, fourth and sixth functions of the third paragraph of Article 11 (1) of the said Act.

Article 30. Appointment.

1. The appointment of the members of the Electricity Advisory Board and the Hydrocarbons Advisory Council shall be made in accordance with Articles 38 and 40 of this Royal Decree.

2. The procedure for the designation of the members proposed by the Autonomous Communities and Cities of Ceuta and Melilla shall be that established by the competent authorities or bodies thereof.

3. The representatives of the various sectors of activity shall be appointed on a proposal from the specific associations which will bring together more significantly the subjects who carry out these activities or, where appropriate, on a proposal from the subjects who carry out the relevant activities. In the case where the specific subjects or associations do not come up with a proposal of a representative, the Board of Directors of the National Energy Commission may appoint them directly on the basis of representativeness.

4. Members of the Advisory Councils shall have no remuneration for attendance at meetings of the Advisory Councils.

Article 31. Renewal of the Councils.

1. The Electricity Advisory Council and the Hydrocarbons Advisory Council shall be renewed every two years, with the possibility of the re-election of its members.

However, this limit shall not apply to representatives of public administrations who will continue in the exercise of their duties as members of the Advisory Councils as long as they do not cease their duties.

2. In cases of termination or replacement of a member, the appointment of the member shall be held only during the period up to the next renewal of the Council.

Article 32. Chair of the Advisory Councils.

The Electricity Advisory Council and the Hydrocarbons Advisory Council will be chaired by the President of the National Energy Commission, who will coordinate the work of the Advisory Councils with those of the cited Commission.

For such purposes, you will convene the sessions and set the agenda in accordance with the following article and order the discussions of the Advisory Councils.

Article 33. Arrangements for the functioning of the Advisory Councils.

1. The Advisory Councils shall meet at least twice a year and whenever they are referred to by the President of the Commission after agreement of the Management Board of the National Energy Commission, to which the agenda of the sessions.

The President must convene the corresponding Advisory Council when he/she has to perform duties with a mandatory nature and whenever he is requested by at least one-third of its members.

2. The sessions of the Advisory Councils shall be chaired by the Chairman of the National Energy Commission or, in his absence, by the member of the Board of Directors of the Commission which he appoints.

Will act as Secretary of the Advisory Council, the Secretary of the Board of Directors of the National Energy Commission.

For the celebration of the sessions of the Advisory Councils the concurrence of half of its members will be necessary.

3. Advisory Councils may set up working groups to discuss specific issues. Such groups may include persons outside the Advisory Council which they consider appropriate for their experience or particular knowledge of the subjects to be analysed.

Article 34. Operating rules.

1. Each Advisory Board shall adopt its operating rules, which shall at least establish the decision-making system.

2. Exceptionally and in the cases of proven urgency appreciated by the President, the adoption of decisions may be carried out by means of the use of the means provided for in Article 45 of Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure.

3. The deadline for issuing reports by the Advisory Councils shall be 20 days, with the exception of the report to be submitted in the process of drawing up the projects on the determination of tariffs, tolls and remuneration of the activities. energy, to be issued within ten days.

Article 35. Requests from members of the Advisory Councils.

The members of the Advisory Councils acting as such and individually or jointly may write to the Board of Directors of the National Energy Commission by submitting reports or proposals. on any subject of the Commission's competence, as well as requests to include them on the agenda for future meetings of the Advisory Council. The President shall give an account of the reasoned decisions that the Board of Directors of the National Energy Commission has taken in respect of such initiatives.

Article 36. Arrangements for the operation of the Permanent Commissions.

1. In each of the Advisory Councils a Permanent Commission shall be constituted with the composition and functions that are determined in Articles 39 and 41 of this Royal Decree. The Permanent Commissions shall meet at least twice a year and as many times as necessary to facilitate the work of the Advisory Council concerned, at the invitation of the President, who shall also set the agenda for the sessions.

2. The Permanent Commissions shall be chaired by the Chairman of the National Energy Commission or, in his absence, by the member of the Board of Directors of the Commission which he appoints, and shall act as Secretary of the Council of Administration of the National Energy Commission.

Article 37. Attendance at sessions.

In order to know their work and despite not having the status of members, they will be able to attend the sessions of both the Advisory Councils and their Permanent Commissions, the Vocals of the National Energy Commission.

They may be invited to attend these sessions the directors of the National Energy Commission and those experts who, depending on the issues to be dealt with, may be considered appropriate by the Advisory Councils or their Commissions. Permanent.

Article 38. Composition of the Electricity Advisory Board.

1. The Chairman of the National Energy Commission and the following members, who shall be appointed by the President of the Commission, shall form part of the Electricity Advisory Board, subject to the agreement of the Management Board:

a) Two members, representing the General Administration of the State.

b) A member, representing the Nuclear Security Council.

c) A representative of each of the Autonomous Communities.

d) A representative of the City of Ceuta.

e) A representative of the City of Melilla.

f) Seven members, representing companies in the electricity sector.

g) A member, representing the market operator.

h) A member, representing the system operator.

i) Four members, representing consumers and users.

j) A member representing the social agents of defense of environmental preservation.

2. The members representing the General Administration of the State shall be proposed by the Ministry of Industry and Energy and shall have at least the rank of Subdirector-General or equivalent.

3. The member representing the Nuclear Security Council shall be proposed by this Council.

4. The members representing the Autonomous Communities and the cities of Ceuta and Melilla shall be proposed by the competent bodies of each of them, according to their own rules.

5. The seven members representing the companies in the electricity sector will be distributed on behalf of each of the activities indicated: the production activity, the transport and distribution activity, and the activity of marketing.

The production activity corresponds to three members, representing respectively the producers of the ordinary regime, the self-producers referred to in paragraph (a) of Article 27.1 of Law 54/1997 and the rest of the producers under special arrangements referred to in Article 27.1 of that same Law.

The transport activity shall be represented by one member and the distribution activity by two, of which one shall represent the distributors referred to in the 11th transitional provision of Law 54/1997. The marketing activity shall be represented by another member.

All these representatives will be proposed by the specific associations that will bring together more significantly the subjects who carry out these activities or, where appropriate, the companies that carry out the activities. corresponding.

6. The members representing the market operator and the system operator shall be proposed by the company performing the functions of the market operator and by the company performing the functions of the system operator, respectively.

7. The four consumer and user representatives will be distributed as follows:

a) A member representing domestic consumers, on a proposal from the Consumers and Users Council.

(b) Two members representing large consumers of electrical energy, with high voltage supply, proposed by companies or associations which, more significantly, bring together consumers of electricity. characteristics.

(c) A member representing small or medium-sized enterprises with high electricity consumption, also proposed by the companies or associations which, more significantly, bring together consumers of electricity. characteristics.

One of the members referred to in paragraphs (b) and (c) of this paragraph shall be designated on behalf of qualified consumers of electricity.

8. The representative of the social and environmental protection agents will be proposed by the Advisory Council on the Environment, among the social and environmental protection agents represented in the environment. same.

Article 39. Standing Committee of the Electricity Advisory Board.

1. Within the Advisory Council of Electricity, as provided for in the Law of the Hydrocarbons Sector and in Article 36 of this Royal Decree, and in order to facilitate their work, a Permanent Commission will be set up with the The following functions:

a) Issue by express delegation of the Advisory Council those reports that are requested to you.

(b) To facilitate, where necessary, the work of the Advisory Council by preparing the subjects and analysing the subjects to be studied.

2. The Chair or the person of the Commission appointed and the following members of the Advisory Board shall be part of the Standing Committee:

a) A representative of the General Administration of the State.

b) Six representatives of the Autonomous Communities and Cities of Ceuta and Melilla.

c) A representative of the production companies.

d) A representative of the distribution companies.

e) A representative of the qualified consumers.

f) A representative of the market operator.

g) A system operator representative.

3. The representative of the General Administration of the State shall be appointed on a proposal from the Ministry of Industry and Energy.

4. The Autonomous Communities or Cities to which it is part of the Permanent Commission shall be determined by agreement of the Board of Directors of the National Energy Commission, in accordance with the provisions of the Law of the Sector of Hydrocarbons, according to the following criteria: the two Autonomous Communities or Cities with the highest level of electricity production; the two Autonomous Communities or Cities with a higher level of electricity consumption per inhabitant. In the event that the same Autonomous Community or City meets both conditions, the provisions of paragraph 10 of this Article shall apply.

5. The two remaining Autonomous Communities or Cities shall be determined, for periods of two years, from those which are not represented on the basis of the above criteria according to the order deriving from their highest level of production and consumption. electrical.

6. In the application of the criteria referred to in the previous two paragraphs, the Board of Directors of the National Energy Commission shall use official sources of information to determine the Autonomous Communities or Major Cities. electrical production, electrical consumption, and electric consumption per inhabitant. To this end, official sources will be considered the data for the production and electrical consumption of the Statistics of the Electrical Energy Industry which, on an annual basis, publishes the Ministry of Industry and Energy, and the population data of the Padron Municipal of Inhabitants or, failing that, any other official sources that at any time can replace the previous ones.

7. Once determined by agreement of the Board of Directors the Autonomous Communities or Cities which must be represented in the Standing Committee in accordance with the criteria referred to above shall be appointed their representatives in the Advisory Councils for Electricity.

8. Every two years, compliance with the criteria for the designation of the Autonomous Communities or Cities with a higher level of electricity production, and with higher electricity consumption per inhabitant, will be reviewed, with its renewal in case of continue to comply with those criteria or, if not, to designate the Autonomous Communities or Cities that comply with them.

9. For the designation of the Autonomous Communities and Cities referred to in paragraph 5 of this Article, two lists shall be drawn up every two years in respect of the Autonomous Communities and the cities of Ceuta and Melilla in descending order of level of production and consumption of electricity respectively. After ruling out the four Autonomous Communities or Cities of paragraph 4 which are designated in the Standing Committee for the application of the criteria of higher production and consumption per inhabitant, the first Community shall be designated. Autonomous or City in the production list and the first in the consumer list. In order to enable all Autonomous Communities and Cities to be part of the Standing Committee, they may not be a part of the Standing Committee as Autonomous Communities or Cities of paragraph 5, those which have done so in such a capacity as prior to the date of the date of the date of the date of the date of the date of the date of the date of the date of the first

.

10. Where an Autonomous Community or City referred to in paragraph 5 may be designated as a member of the Standing Committee for the same time in the production and consumption list, it shall be deemed to be designated by the the criterion of higher production, the following Autonomous Community or City, which corresponds to the criterion of consumption, becoming part of the Standing Committee.

11. The representative of the production companies shall be the one among those who produce electrical energy under ordinary conditions.

The representative of the distribution companies shall be the designated in the Advisory Board on the proposal of the distributors not included in the transitional provision eleventh of Law 54/1997.

12. The representative of the qualified consumers shall be the representative of this condition in the Electricity Advisory Board.

13. The representatives of the market operator and the system operator in the Standing Committee shall be those representing such a condition in the Advisory Board.

14. The Board of Directors of the National Energy Commission shall appoint the members of the Standing Committee of the Electricity Advisory Board and shall report to the Advisory Board of Directors.

Article 40. Composition of the Hydrocarbons Advisory Council.

1. The Chairman of the National Energy Commission and the following members, who shall be appointed by the President of the Commission, shall form part of the Hydrocarbons Advisory Council, after agreement of the Management Board:

a) Two members, representing the General Administration of the State.

b) A representative of each of the Autonomous Communities.

c) A representative of the City of Ceuta.

d) A representative of the City of Melilla.

e) Seven members representing companies in the Hydrocarbons sector.

f) A representative of the Strategic Petroleum Reserve Corporation.

g) Four members, representing consumers and users.

h) A member representing the defense agents of environmental preservation.

2. The members representing the General Administration of the State shall be proposed by the Ministry of Industry and Energy and shall have at least the rank of Subdirector-General or equivalent.

3. The members representing the Autonomous Communities and the cities of Ceuta and Melilla shall be proposed by the competent bodies of each of them, according to their own rules.

4. The representatives of the companies in the hydrocarbon sector will be distributed as follows: a representative of the wholesale operators of petroleum products; a representative of retail distributors and holders of (a) sales facilities to the public of petroleum products, a representative of gas carriers, a representative of gas distributors, a representative of gas marketers.

The other members shall be appointed on an alternative basis to the following activities: hydrocarbon exploration and production activity; refining activity; Storage and logistics of liquid hydrocarbons and liquefied petroleum gas operators.

5. The representative of the Strategic Petroleum Reserve Corporation will be its Chairman.

6. The four consumer and user representatives will be distributed as follows:

a) A member representing domestic consumers, on a proposal from the Consumers and Users Council.

(b) Two members representing large consumers of oil and gas products, respectively, proposed by the companies or associations which, more significantly, bring together consumers of oil and gas products. characteristics.

c) A member representing small or medium-sized enterprises with high consumption of hydrocarbons, also proposed by the companies or associations which, more significantly, bring together the consumers of these companies. characteristics.

One of the members referred to in paragraphs (b) and (c) of this paragraph shall be designated as representing the qualified consumers of hydrocarbons.

7. The representative of the social and environmental protection agents will be proposed by the Advisory Council on the Environment, among the social and environmental protection agents represented in the environment. same.

Article 41. Permanent Commission of the Hydrocarbons Advisory Council.

1. Within the Advisory Council of Hydrocarbons, as provided for in the Law of the Hydrocarbons Sector and in Article 36 of this Royal Decree, and in order to facilitate their work, a Permanent Commission will be set up with the The following functions:

a) Issue by express delegation of the Advisory Council those reports that are requested to you.

(b) To facilitate, where necessary, the work of the Advisory Council by preparing the subjects and analysing the subjects to be studied.

2. The Chair or the person of the Commission appointed and the following members of the Advisory Board shall be part of the Standing Committee:

a) A representative of the General Administration of the State.

b) Six representatives of the Autonomous Communities and Cities of Ceuta and Melilla.

c) A representative of the wholesale operators of petroleum products.

d) A representative of the retail distributors of petroleum products.

e) A representative of the gas carriers.

f) A representative of the gas distributors.

g) A representative of the gas marketers.

h) A representative of qualified consumers.

3. The representative of the General Administration of the State shall be appointed on a proposal from the Ministry of Industry and Energy.

4. The Autonomous Communities or Cities to which it is part of the Permanent Commission shall be determined by agreement of the Board of Directors of the National Energy Commission, in accordance with the provisions of the Law of the Sector of Hydrocarbons, according to the following criteria: the two Autonomous Communities or Cities with a higher level of natural gas consumption, the two Autonomous Communities or Cities with a higher level of consumption of petroleum products. In the event that the same Autonomous Community or City meets both conditions, the provisions of paragraph 10 of this Article shall be provided.

5. The two remaining Autonomous Communities or Cities shall be determined, for periods of two years, from those which are not represented on the basis of the above criteria according to the reverse order deriving from the application of the criteria of the paragraph previous.

6. In the application of the criteria referred to in the previous two paragraphs, the Board of Directors of the National Energy Commission shall use official sources of information to determine the order of the Autonomous Communities or Cities. level of consumption of natural gas and petroleum products. For this purpose, official sources shall be the data of the Hydrocarbon Statistics which, on an annual basis, publishes the Ministry of Industry and Energy or, failing that, any other official sources which may at any time be replace the previous ones.

7. Once determined by agreement of the Board of Directors the Autonomous Communities or Cities that must be represented in the Permanent Commission according to the criteria referred to above, their representatives will be appointed in the Hydrocarbon Advisory Board.

8. Every two years, compliance with the criteria for the designation of the Autonomous Communities or Cities with a higher level of consumption of natural gas and petroleum products will be reviewed, proceeding with its renewal in case of continued compliance. those criteria or, if not, the designation of the Autonomous Communities or Cities that comply with them.

9. For the designation of the Autonomous Communities and Cities referred to in paragraph 5 of this Article, two lists shall be drawn up every two years in which the Autonomous Communities and the cities of Ceuta and Melilla are listed in order to increase the level of consumption of natural gas and petroleum products respectively. After ruling out the four Autonomous Communities and Cities of paragraph 4 that are designated in the Standing Committee, the first Autonomous Community or City on the list of natural gas consumption and the first list of consumption of natural gas shall be designated. Petroleum products. In order to enable all Autonomous Communities and Cities to be a part of the Standing Committee, they may not be a part of the Standing Committee as Autonomous Communities or Cities of paragraph 5. prior to the date of the date of the date of the date of the date of the date of the date of the date of the date of the first

.

10. Where an Autonomous Community or City referred to in paragraph 5 may be designated as a member of the Standing Committee for the same time in the two lists, it shall be designated as the criterion for the consumption of natural gas. to become part of the Standing Committee of the following Autonomous Community or City corresponding to the criterion of consumption of petroleum products.

11. The representatives of the oil and gas sector companies shall be the representatives of each of the groups in the Hydrocarbons Advisory Council.

12. The representative of the qualified consumers shall be the representative of this condition in the Hydrocarbons Advisory Board.

13. The Board of Directors of the National Energy Commission shall appoint the members of the Standing Committee of the Hydrocarbons Advisory Board and shall report to the Advisory Board itself on the appointments made.

CHAPTER IV

National Energy Commission staff

Article 42. Personnel to the National Energy Commission Service.

1. The personnel serving on the National Energy Commission shall be bound by it by a relationship subject to labour law rules.

2. The selection of such staff, with the exception of the Secretary and the staff of a managerial staff, shall be made by public notice and in accordance with procedures based on the principles of equality, merit and capacity. For these purposes, the Commission's rules of procedure shall specify the posts for which the holders shall be regarded as managerial staff.

3. The remuneration of the staff at the service of the National Energy Commission shall be approved by the Board of Directors in accordance with the procedures and limitations that in matters of remuneration of the staff to the service of the public sector set out in the current budgetary rules.

4. The staff at the service of the National Energy Commission shall be subject to the system of incompatibilities established with a general character for the staff at the service of the public administrations, while being obliged to carry out the duty of This is the case referred to in Article 27 of this Regulation.

CHAPTER V

Heritage and budget

Article 43. Heritage.

1. The National Energy Commission will have its own heritage independent of the State's heritage.

2. The resources of that Commission shall be integrated by:

(a) The assets and securities that constitute their assets and the products and income of the equity.

b) The revenue generated in accordance with the following paragraphs.

c) Where appropriate, transfers made from the State Budget.

3. The provisions for which, in accordance with the provisions of the Law of the Electrical Sector, the tolls are approved and the electricity tariff will determine the revenues that, as a surcharge of those, it is necessary to perceive the National Energy Commission with charge to the electricity sector. This cost will have permanent system cost consideration.

4. The provisions which, in accordance with Articles 93 and 94 of the Law of the Hydrocarbons Sector, determine the rates and tolls corresponding to gaseous fuels, shall establish the revenue which, as a surcharge for those fuels, it is up to the National Energy Commission to charge this sector.

5. The wholesale operators of petroleum products shall pay monthly to the National Energy Commission the amount resulting from multiplying the average monthly sales of gasoline, gas oils, kerosene and fuel oils, expressed in Tm by a quota Unit of 13.34 pesetas/Tm.

Monthly average sales will be calculated annually based on those made in the preceding calendar year and will apply from January 1. They shall not have the consideration of sales for the purposes of the preceding paragraph those made between operators.

The Energy Director General's Resolution will determine the monthly average sales that correspond to each operator and will serve as the basis for the calculation of the revenues of the National Energy Commission.

6. The National Energy Commission will assume the obligations and the management of those files that are pending in the National Commission of the Electrical System referred to in Law 54/1997, of 27 November, of the Electrical Sector, as well as the the remuneration which corresponds, in accordance with that Law, to that Commission.

Article 44. Budget.

The National Energy Commission will annually draft a preliminary draft budget with the structure that the Ministry of Economy and Finance will point out, and forward it to the Ministry of Industry and Energy, through the Ministry of Industry and Energy, for its The Government's agreement and subsequent referral to the General Cortes, made up of the General Budget of the State. The budgetary regime of the National Energy Commission shall be as set out in the recast text of the General Budget Law and other provisions in force on this matter.

Article 45. Economic and financial control.

1. The economic and financial control of the National Energy Commission shall be carried out by the General State Administration, in accordance with the provisions of Articles 17 and 99.3 of the recast of the General Law. Budget, without prejudice to the functions of the Court of Auditors.

2. The Ministry of Industry and Energy, without prejudice to the control established by the General Budget Law, shall exercise control over the activity of the National Energy Commission. This control is intended to check the degree of compliance with the objectives and the proper use of the resources allocated.

To make this control effective annually, the National Energy Commission will draft a Plan of Action in coordination with the Ministry of Industry and Energy, which will be followed by its implementation. On a quarterly basis, the National Energy Commission shall submit to the Ministry of Industry and Energy a report indicating the actions taken and the degree of implementation of the Annual Action Plan during that quarter, justifying, where appropriate, any deviations from the provisions of the Plan.

3. The drawing up of the action plan referred to in the preceding paragraph shall be without prejudice to the action programme, investments and financing which, in accordance with the recast text of the general budget law, must be submitted with annual character to the Government's agreement.

4. In accordance with the provisions of the Hydrocarbons Sector Law, the National Energy Commission will annually draw up a report on activities that will raise the government's remit for its referral to the General Courts.

Article 46. Accounting system applicable to the National Energy Commission.

In accordance with Article 123 of the recast text of the General Budget Law, as amended by Law 50/1998 of 30 December 1998 on fiscal, administrative and social measures, the National Commission Energy will form and yield its accounts in accordance with the accounting principles and standards set out in the General Public Accounting Plan and its implementing rules.

It is up to the Board of Directors of the National Energy Commission to formulate annual accounts within the maximum period of three months from the end of the financial year.

ADDITIONAL PROVISIONS

First. Board of Directors.

The Board of Directors of the National Energy Commission shall appoint, at the first meeting to be held after the entry into force of this Royal Decree, in accordance with the provisions of Article 25.3 of this Royal Decree, the Member to replace the President in cases of vacancy, absence or illness.

The Board of Directors shall also approve within three months of the entry into force of this Royal Decree the Rules of Procedure of the National Energy Commission.

Second. Appointment of the members of the Board of Directors.

Without prejudice to the provisions of Article 22 of this Royal Decree, exceptionally the mandate of four of the appointed members for the first constitution of the Board of Directors of the National Energy Commission will last. three years.

The members of the Board of Directors who have to cease after the three-year period since their appointment shall be determined by drawing, which shall take place at the first meeting to be held after the entry into force of the this Royal Decree.

Third. Advisory Councils.

The constitution of the Advisory Councils for Electricity and Hydrocarbons will be held within two months from the entry into force of this Royal Decree.

Within three months of the establishment of the Advisory Councils, approval of its operating rules and the establishment of the corresponding Permanent Commissions shall be carried out.

Fourth. Nuclear Security Council.

In accordance with the provisions of Article 6 of Law 15/1980, of 22 April, of the creation of the Nuclear Security Council, as amended by Law 34/1998 of 7 October, it shall apply to the President, Directors and Secretary General of the Nuclear Safety Board the economic compensation scheme provided for in Article 24 of this Royal Decree.

The scheme of economic compensation will also be applicable in the case provided for in Article 7.1.a) of the abovementioned Law 15/1980, as well as those which have occurred since the date of entry into force of the Law 34/1998.

The remuneration regime provided for in Article 23 of this Royal Decree will also be applicable to the President and Directors of the Nuclear Security Council. The remuneration of the Secretary-General of the Nuclear Security Council shall be authorized by a joint report of the Ministries of Public Administration and Economic and Finance, in accordance with the provisions of Article 55 of the Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State.

TRANSIENT PROVISIONS

First. National Electrical System Commission.

The provisions contained in this Royal Decree shall apply to the National Commission of the Electrical System as long as it continues in the exercise of its functions.

The economic compensation scheme provided for in Article 24 shall also apply in respect of the members of the National Commission of the Electrical System who have ceased to be charged after entry into force. Law 54/1997 of 27 November 1997 on the Electrical Sector in accordance with the provisions of Article 6.5 thereof.

Second. Transitional arrangements for the compensation of the Electricity Advisory Board.

As long as the separation of production, transportation and distribution activities does not occur, the representatives of the electricity companies that carry out these activities in the Electricity Advisory Council will be two. representatives proposed by UNESA.

Third. Media handover.

1. In accordance with the provisions of the transitional provision of Law 34/1998 of 7 October 1998, of the Hydrocarbons Sector at the time of the entry into force of this Royal Decree, all of them will be transferred to the National Energy Commission. material and personal means of the National Commission of the Electrical System, subrogating it in all the rights and obligations of which it is a holder, in order to guarantee the maximum economy of resources.

In accordance with the provisions of the previous paragraph, as of the entry into force of this Royal Decree, the obligation of the National Commission of the Electrical System to draw up an action programme, investments and financing, as well as the operating and capital budgets.

2. Within two months of the entry into force of this Royal Decree, the National Energy Commission will submit to the agreement of the Government, on a proposal from the Ministry of Industry and Energy, prior to the report of the Ministry of Economy and Finance, a program (i) investment and financing for the period up to 31 December 1999.

Fourth. National Electrical System Commission.

In accordance with the provisions of the transitional provision of Law 50/1998 of 30 December 1998 on fiscal, administrative and social measures during the transitional period to which the provision is made Tenth of Law 34/1998, of 7 October, of the Hydrocarbons Sector, the National Commission of the Electrical System will exercise the functions attributed to the National Energy Commission in relation to the electrical sector. The National Energy Commission will provide to the National Commission of the Electrical System, all those services that are requested by it and are accurate for the development of its functions.

Fifth. Advisory Board of the National Electrical System Commission.

The Advisory Council of the National Commission of the Electrical System shall be deleted, but shall continue in the exercise of its functions until the time the Advisory Council for Electricity is established.

The Electricity Advisory Board shall exercise its functions as an advisory body to the National Commission of the Electrical System for the period of time when the Commission continues to carry out its duties, conformity with the provisions of the transitional provision of the Law on the Hydrocarbons Sector.

Sixth. Revenue from the National Energy Commission.

The amount of the revenue of the National Energy Commission, as set out in Article 43 of this Royal Decree, is fixed until 31 December of this year.

REPEAL PROVISION

Unica. Regulatory repeal.

The Royal Decree 399/1996 of 1 March, which regulates the composition and functions of the Advisory Council of the Commission of the National Electrical System, is hereby repealed, as well as the provisions of equal or lower rank. object to what is established in this Royal Decree.

FINAL PROVISIONS

First. Regulatory enablement.

The Minister of Industry and Energy is authorised to lay down the rules that are necessary for the development and implementation of the provisions of this Royal Decree.

Second. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Palma de Mallorca at 31 July 1999.

JOHN CARLOS R.

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

FRANCISCO ALVEZ-HELMETS FERNANDEZ