Law 24/2013, Of 26 December, The Electricity Sector.

Original Language Title: Ley 24/2013, de 26 de diciembre, del Sector Eléctrico.

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JUAN CARLOS I King of Spain to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law.

PREAMBLE I power supply constitutes a service of general economic interest, as economic and human activity cannot be understood today without its existence. The management of this service differentiates activities in natural monopoly and other market regime.

The approval of law 54/1997, of 27 November, the Electricity Sector, marked the start of the process of progressive liberalization of the sector by opening the network to third parties, the establishment of an organized energy trading market and the reduction of public intervention in the management of the system.

So, were the vertical disintegration of various activities, segregating activities in regime of natural monopoly, transport and distribution, those that develop in regime of free competition, generation and marketing. The remuneration of the production activity was based on the Organization of a wholesale market, abandoning the principle of recognition of costs. For networks, established the principle of third party access to networks, and its remuneration regime would continue being set administratively, depending on the costs of the activity. With this law appeared also the activity of commercialization of electric power as an independent activity of other activities aimed at the provision, activity that was equipped with a regulatory framework to allow the freedom of contract and choice by consumers. Finally, the management of the system was entrusted to both commercial and private, responsible societies respectively, of economic and technical management of the system.

Sixteen years after the entry into force of the Law 54/1997, of 27 November, it can be said that, essentially, much of its objectives have been met. The level of security and quality of supply is high, given the level of investment in networks rush in recent years and the existence of a mix of energy sources diversified, especially if it takes into account the situation of isolation of the system presented by the own physical configuration of the territory. Moreover, the process of liberalization has developed even more quickly than required by European directives, allowing consumer choice of supplier. Finally, this whole process has been framed within the principles of environmental protection of a modern society.

In this sense, Law 54/1997, of 27 November, has made a significant contribution to the fulfilment of the obligations arising from the energy package and climate change, which set objectives for 2020 20 percent greenhouse gas reduction in the European Union with respect to 1990, reaching a 20 percent share of renewable energies in primary energy and achieve a 20 percent improvement in energy efficiency.

However, during this time have been fundamental changes in the electricity sector that have led to the continuous action of the legislator and motivate the need to equip the electrical system of a new regulatory framework. Among them it is worth noting the high level of investment in transport and distribution networks, the high penetration of renewable electricity generation technologies, the evolution of the wholesale electricity market with the emergence of new actors and the increase in the complexity of the offers, and the emergence of excess capacity combined cycle gas-fired power plants on the other hand to secure the back of the. Also a decisive element to undertake this reform has been the accumulation, during the last decade of yearly imbalances between revenues and costs of the electrical system, and that has led to the emergence of a structural deficit.

The causes of this imbalance are the overgrowth of certain cost items for energy policy decisions, without that will ensure its correlative income system. All of this was compounded by the absence of growth of electricity demand, mainly because of the economic crisis.

Despite the fact that the tolls grew a hundred twenty-two per cent between 2004 and 2012, putting the price of electricity in our country over the average of the European Union, they were insufficient to cover the cost of the system. This situation of imbalance has reached the point that the accumulated debt of the electrical system at the present time exceeds twenty-six billion euros, the structural deficit of the system to reach ten billion annually and not correcting the imbalance introduced a risk of failure of the electrical system.

Law 54/1997, of 27 November, has proved inadequate to ensure the financial equilibrium of the system, among other reasons because the system of remuneration of the regulated activities lacked the necessary flexibility to adapt to significant changes in the electrical system or the evolution of the economy.

Therefore, the experience of the last decade has been shown that economic and financial instability of the electrical system, caused by the tariff deficit, prevented to ensure a regulatory framework stable, necessary for the proper development of an activity such as the electric very intensive investment.

Thus, the economic unsustainability of the electrical system, along with the continuous evolution of the sector during the last sixteen years, has forced the legislator to adapt on numerous occasions the Law 54/1997, of 27 November, the Electricity Sector, in many of them, through the adoption of urgent measures by Royal Decree-Law, currently existing undesirable regulatory dispersion in a relevant economic sector.

Royal Decree-Law 14/2010 of 23 December, establishing emergency measures for the correction of the tariff for the electricity sector deficit, raised the maximum deficit which had been established for the years 2010, 2011 and 2012, the Royal Decree-Law 6/2009, of 30 April, by which adopt certain measures in the energy sector and approving the social bond , maintaining the objective of not appearance again deficit in the electric system from 2013. In addition was the adoption of specific measures of consumer protection and reduction of certain items of costs and revenues of the system. Between them, they were the Primate equivalent hours of operation of the photovoltaic installations and established the obligation of power producers to cope with a toll of generation, given the impact of this activity on the development of transport and distribution networks.

The measures adopted in the year 2012 include, first, the Royal Decree-Law 1/2012, 27 January, whereby the item is the suspension of the proceedings of pre-allocation and the abolition of economic incentives for new production facilities of electricity from cogeneration, renewable energy sources and waste that abolished the incentives for the construction of facilities of technologies of special arrangements, in order to prevent the incorporation of new costs to the electrical system.

After that, the Royal Decree-Law 13/2012, 30 March, 30th of March, whereby transposing directives in the field of electricity and gas markets and in the area of electronic communications, and that laying down measures for the correction of deviations mismatches between costs and income from gas and electric sectors set new criteria for the regulation of the remuneration of distribution and transport activities, adjusting the remuneration corresponding to the year 2012, and reducing the amount that had met businesses of generation of electricity among others by the concept of guarantee of power. Similarly, steps were taken to correct the remuneration of generation activity in the insular electrical systems and extrapeninsulares, through the cost that was recognized by the acquisition of fuel and linking the payment for guarantee of power to the actual availability of the plants.

Along the same lines, the Royal Decree-Law 20/2012, July 13, measures to ensure the budgetary stability and promotion of competitiveness, incorporated other additional measures relating to the remuneration regime of generation plants in ordinary regime in insular electric systems and extrapeninsulares, and modified, Furthermore, the remuneration of the transport activity, establishing that the remuneration in respect of investment be recognized for unamortized assets in service taking as a basis for their financial remuneration the net value of the same.


Also, the Royal Decree-Law 29/2012, of 28 December, on improvement of management and social protection in the special system for household employees and other economic and social measures, decided that temporary imbalances of liquidations of the electrical system produced in 2012, had consideration of electric settlement system revenue shortfall for this year and that it would generate receivables that may be assigned by their holders to the securitisation Fund's Deficit the electrical system, and with additional character to the 1,500 million euros of deficit already recognized in the first twenty additional provision of law 54/1997 of 27 November, in the Electricity Sector. On the other hand, to ensure the final objective for which the mechanism of pre-allocation for installations of special regime, i.e. to ensure an economic regime under condition of the complete execution of the installation in a particular period and the budget was established, was introduced a habilitation for the deletion or correction of the economic regime prevailed in the event of a finding of non-compliance with the obligations that constitute the essential of the definitive acquisition of such a system budget economical.

In addition, was approved the law 15/2012, of 27 December, fiscal measures for sustainable energy, which is recognized as objective the harmonization of the tax system with a use more efficient and environmentally friendly with the environment and sustainability, in line with the basic principles governing the fiscal, energy and environmental policy of the European Union. Given the strong economic and environmental impact of the energy sector, this Act introduced exceptional measures so that the costs of the system were financed with revenues coming from tolls for access and other regulated prices, as of certain items from the General State budget. Aspects related to the right to the perception of an economic regime prevailed by installations of renewable energy that use fuels have been introduced.

For its part, the law 17/2012, of 27 December, the State budget by 2013, established among others, and with exclusive entry into force by 2013, which would not be application constraints on electrical system Deficit securitisation Fund guarantees laid down in the additional provision twenty first of law 54/1997 of 27 November , in the Electricity Sector, concerning the adequacy of access tolls and misalignment of revenues of the regulated activities of the electricity sector. Also, in consistency with the law 15/2012, of 27 December, established a series of contributions to finance electric system costs relating to the promotion of renewable energy equivalent to the sum of the estimate of the corresponding to the State annual revenue derived from the taxes included in the law of fiscal measures for sustainable energy and 90 per cent of the estimated income for the auction of greenhouse gas emission rights , with a maximum of EUR 450 million.

Not being enough the measures adopted during the year 2012 to eliminate the deficit of the electrical system, in 2013 were adopted for the same purpose two real decree-laws and an extraordinary credit in the budget of the Ministry of industry, energy and tourism. Royal Decree-Law 2/2013, February 1, introduced new measures to correct the imbalances between the costs of the electricity sector and the income obtained from the regulated prices, trying to avoid the assumption of a new effort by consumers. To do so, the index update of the costs of the electricity sector, was modified in order to use a more stable reference that was not affected by the volatility of the prices of unprocessed food or household fuels, and introduced two options of sale of energy produced in special regime installations : the transfer of the electricity to the system receiving a regulated tariff or the sale of electricity on the market of production of electrical energy, without supplement premium.

So, approved the law 15/2013, on 17 October, by which establishes funding for the year 2013 out of the State budget of certain electrical costs, caused by the economic incentives for the promotion of the production of electricity from renewable energy sources and is granted an extraordinary credit amounting to 2.200.000.000 euros in the budget of the Ministry of industry Energy and tourism.

In addition to this adjustment of costs adopted other rules which meant an increase of toll access for consumers, and therefore, income of the electrical system.

Finally, adopted the Royal Decree-Law 9/2013, of July 12, by which adopt urgent measures to ensure the financial stability of the power system, which among other things, establishing a new remuneration system for installations of generation of renewable energy, cogeneration and waste and a series of additional remuneration principles for the transport and distribution of electrical energy setting the concept of reasonable profit, in line with the jurisprudential doctrine on the lit subject in recent years, a project profitability, where, before taxes, the average yield in the secondary market of the State obligations to ten years by applying the appropriate differential.

Ultimately, continuous policy changes have meant a major distortion in the normal functioning of the electrical system, and that it is necessary to correct with a performance of the legislator which brings the regulatory stability needed by the electrical activity. This safety regulatory, coupled with the need to undertake the necessary reforms to ensure the sustainability of the system in the long run and solve the identified deficiencies in the functioning of the system, recommended the approval of a reform of the sector, based on a new regime of income and expenses of the electrical system, trying to restore the system to a lost financial sustainability for a long time and whose eradication has not been achieved to date through the adoption partial measures.

This law is also part of the scope of the structural reform of the electricity sector included in the recommendation of the Council on the national reform programme of Spain 2013, approved by the Council of the European Union on July 9, 2013.

II the present law aims basic set up the regulation of the electricity sector ensuring the power supply with the required levels of quality and at the lowest possible cost, ensure the economic and financial sustainability of the system and allow a level of effective competition in the electricity sector, all within the principles of environmental protection of a modern society.

The principle of economic and financial sustainability of the electrical system will be a guiding principle of the actions of public authorities and other subject covered by the scope of the law. By virtue of the same, any measure regulation in relation to the sector involving an increase in cost for the electrical system or a reduction in income must incorporate an equivalent reduction of other costs items or an equivalent increase in income that ensures the balance of the system. In this way is definitively discarded the possibility of accumulation of new deficit as it did in the past.

This principle is reinforced with the establishment of restrictions priced to the emergence of temporary mismatches per year, as a corrective mechanism establishing the obligation of automatic review of the tolls and charges that apply if certain thresholds are exceeded. The entered thresholds allow a minimum deviation caused by short-term circumstances that, as such, can be reversed in the next period, without the need for a modification of the tolls and charges.

Temporary gaps arising from the entry into force of the law, without exceeding the above-mentioned thresholds, will be financed by all subjects of settlement system on the basis of the collection rights that generate. Unlike the previous system, they will be not exclusively financed by large operators and collection rights pertaining to revenue shortfall may not transfer to the securitisation Fund's Deficit of the electrical system from January 1, 2013.

Introduces the obligation for approval on an annual basis by the Ministry of industry, energy and tourism, report of the delegate Commission of the Government for Economic Affairs, estimates of the annual evolution of the different items of income and costs of the electrical system for the next six years.

Remains the financing of the costs of the system by consumers through the payment of tolls for access to networks and the rest of the charges, as well as through other financial instruments, and, exceptionally and for cases specifically provided, using items from the General State budget. This double contribution challenges in the funding of the system electric consumers, to a greater extent, and the budget public, when so prescribed as the character of essential service of the power supply and the territorial, environmental and strategic condition of the electrical system.


Differentiation of tolls and charges responds to the terminology used in the European directives and the convenience of differentiate payments for contribution to the coverage of the costs of the networks of transport and distribution, tolls, those payments related to other regulated aspects of the system, charges. Thus, access tolls are used to cover the cost of the activities of the transport and distribution of electric power, in line with the provisions of Directive 2009/72/EC, on internal electricity market. Charges are introduced as a novelty in this law, and will be destined to cover the costs of the activities of the system appropriate, taking into account the amounts coming also from budget allocations or other mechanisms. Thus, among others, the charges will cover specific remuneration regime of the activity of generation from renewable energy sources, cogeneration of high efficiency and waste, remuneration of the extra-cost of production in the electrical systems in the non-peninsular territories with additional remuneration regime, remuneration associated with the application of mechanisms of capacity and annuities for the deficit of the electrical system with their corresponding interests and adjustments.

As he has explained, the experience gained with the implementation of the above law has allowed to identify barriers whose improvement is accurate to continue advancing in the process of liberalization of the supply, improvement of the processes of participation in the market and guarantee the adequate protection of consumers with the ultimate objective of ensuring the supply of electricity at competitive conditions and with the right quality. At the same time the new law moves forward in the integration exercise in an only with legal provisions scattered in various rules adopted since the entry into force of law 54/1997 of 27 November.

The new law is also framed in a context of integration of the European electricity markets. In this sense, the law takes into account the directive's implementation in the electricity sector, in particular, directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity, which was transposed by the Royal Decree-Law 13/2012 March 30. Also takes into account the European framework for cross-border exchanges of electricity set by Regulation (EC) No. 714/2009 of the European Parliament and of the Council of 13 July 2009, to conditions for access to the network for cross-border trade in electricity.

In addition, relevant to Regulation (EU) No. 1227 / 2011, on integrity and transparency in the wholesale energy market, by its acronym in English, REMIT, which establishes rules that prohibit abusive practices that affect the wholesale energy markets, and the International Convention between the Kingdom of Spain and the Portuguese Republic of October 1, 2004, signed with the purpose of promoting the integration of their electrical systems , which has given rise to both countries share from the 1 of July 2006 a market organized term underlying electric, and since July 1, 2007, an electricity spot market.

Also proceed to the clarification of the competences of the General Administration of the State, holding, in essence, the powers conferred by the Law 54/1997, of 27 November, and incorporating the criteria resulting from the rulings handed down during the last few years in relation to the conflicts arising between administrations. Thus, establishes the competence of the Government for the basic regulation of the sector, for the establishment and award of the economic regimes of application to different activities and to ensure the security of electricity supply to consumers.

In relation to the electrical planning remains the binding character of the planning of the transport network, incorporating tools to align the level of investments to the situation of the economic cycle and to the principles of economic sustainability.

The notoriety of the tariff deficit situation and the consequent threat to the same viability of electrical system has prompted the need to undertake major changes in the remuneration regime of the regulated activities. The progressive deterioration of the sustainability of the electrical system, the same subjects could not legitimately rely on conservation of the parameters that had degenerated into the situation described and any diligent operator could have anticipated the need for these changes.

For activities with regulated retribution, law strengthens and clarifies the principles and criteria for the establishment of the pay systems, which are considered to be costs necessary to carry out the activity by a company efficient and well managed, through the application of homogeneous criteria in all the Spanish territory. These economic arrangements will allow obtaining yields adequate in relation to the risk of the activity.

For not peninsular electric systems, adopting this new denomination, establishes the possibility of establishment of a singular regime which shall be taken into consideration only the extracostes of these electrical systems associated with its isolated character.

The technical and economic management of the system keep essentially the rest of criteria remuneration, incorporating in the remuneration of the system operator incentives to reduce costs of the system of operation.

The high penetration of technologies of production from renewable energy sources, cogeneration and waste, including the so-called special regime of electric energy production, has caused that his singular regulation linked to power and its technology lacks object. On the contrary, it makes precise regulation aim at these facilities analogous to that of the rest of technologies that are integrated in the market, and in any case, that should be considered because of its technology and implications in the system, rather than by its power, so the concepts differentiated from regular and special regime are abandoned. For this reason is a unified regulation, notwithstanding the unique considerations that need to be set.

Remuneration regime for renewable energy, cogeneration and waste will be based on the necessary participation in the market of these facilities, market income complemented by a specific regulated fee that allows these technologies compete on equal level with the other technologies on the market. This additional specific fee will be sufficient to achieve the minimum level required to cover the costs which, unlike conventional technologies, these may not recover in the market and allow them to get a return with reference to the installation type in each applicable case.

The rate of pay for the activities of the network and the rate of return for the activity of production from renewable energy sources, cogeneration and waste, for the first regulatory, laid down in the Royal Decree 9/2013, 12 July, laying down urgent measures to ensure the financial power system stability, by which are fully consistent with the principles contained in this law. For the calculation of the specific fee shall be considered for installation type, revenues from the sale of the generated energy valued at the price of the market of production, average operating costs necessary to perform the activity and the value of the initial investment of the installation type, all for an efficient and well-managed company.

There is also, that, in any case, shall be taken into consideration costs or investments that come certain rules or administrative acts which not be applied throughout the Spanish territory and that these costs should respond exclusively to the activity of production of electrical energy.

This new regulatory framework gives a global response to the relevant change of circumstances experienced in recent years in the field of generation technologies based on renewable energy sources, cogeneration and waste, in terms that are due to reasons more than justified by the situation described. Investment in these technologies will continue to be protected and promoted in Spain for this new regulatory framework, which enshrines the principle of reasonable profitability and establishes the criteria for revision of compensation parameters every six years to comply with the above-mentioned principle. In this way, it's strengthen continuous adaptation experienced by regulation to maintain this reasonable profitability through a predictable and subject to temporary concrete system.

The law provides for the possibility, in exceptional cases, for the establishment of new specific pay systems to encourage production from renewable energy sources, cogeneration of high efficiency and waste, where there is an obligation of energy goals of European directives or other rules of the law of the European Union or where its introduction involves a reduction of energy cost and external energy dependency.

Also, the law requires criteria of priority of access and dispatch for electricity from renewable energy sources and cogeneration of high efficiency, in accordance with the Community directives.


In relation to the fixing of remunerations paid to the activities of networks, not peninsular electric systems and renewable energy sources and cogeneration regime, the law introduces the concept of period regulatory, usual in the regulation of other neighbouring countries, and sets it in a period of six years. The law introduces tools for flexibility in order to adapt the remuneration to the cyclical State of the economy and the needs of the system, combining the need for stability and predictability for agents with the demand for adaptation of the pay systems.

The development of consumption as an alternative source of electricity generation to the outside of the electrical system requires the regulation of an activity that did not have a specific legal and regulatory framework to date. The law aims to ensure an orderly activity, compatible with the need to ensure the technical and economic sustainability of the electricity system as a whole. In this sense, the articles of the law establishes the obligation of facilities of consumption contribute to financing costs and system services in the same amount as the rest of the consumers. Temporarily, establish exceptions for cases in which self-consumption is a reduction in costs for the system and for existing cogeneration facilities.

The standard promotes the principle of effective competition in the electricity sector. So, enter here a competitive mechanism for the reduction of the power of monopoly in the markets of restrictions, a new regime of regulation of renewable energy, cogeneration and waste which reduces the distortions that are created in the market and make them partakers of the same in terms of that remuneration will not be irrelevant to the market , an increase in competition in the marketing of reference, the improvement of the position of the consumer in terms of available information and facilitation of processes of change of supplier among others.

Similarly, subjects access to networks is one of the pillars on which rests the operation of the electric system, essential for assurance of supply and effective competition on the market. The present law proceeds to a greater realization of the concepts of access and connection to the networks, reinforcing the principles of objectivity, transparency and non-discrimination in granting, and setting the regime of granting and denial criteria under exclusively technical.

As regards consumers, this law establishes the regulation on which are going to base the relations between consumers and the marketing companies and distributors with regard to the supply of electric power, through the establishment of rights and obligations in the framework of recruitment. To do this, there are provisions of the cited directive 2009/72/EC of 13 July 2009 relating to consumer rights.

Sets the so-called voluntary price for the consumer small, as the maximum price of reference to which to hire less than certain contracted power consumers wishing to use this mode with a bilateral negotiation with a.

Also defines the figure of the vulnerable consumer, linked to certain social characteristics, of consumption and purchasing power, and sets the appropriate measures to ensure adequate protection for these consumers. These consumers are entitled to a reduced rate with respect to the voluntary price for the small consumer.

Finally is a reformulation of the penalties to fit the evolution experienced by the sector since the beginning of the process of liberalization, as well as a strengthening of the mechanisms of control of the system by the public authorities in inspection, record of activities and fraud control.

III the law in the Electricity Sector is comprised of eighty articles and is divided into ten titles, twenty additional provisions, sixteen transitional provisions, repeal provision, and six final provisions.

Title I contains general provisions where is set to the object and purpose of the standard; the regime of activities, introducing new consideration of the supply of electricity as a service of general economic interest; clarified the distribution of powers between the different public administrations; regulates the basics of planning incorporating tools for linking the level of investments to the situation of the economic cycle, and the principles of economic sustainability and establishing limits of annual investment, in addition to the possibility of an exceptional review of the consequential events affecting efficiency, guarantee or security; as well as the necessary coordination of the planning with the planning.

Supply management is regulated in title II. Firstly, the subjects are defined: producers, operator of the market and the system, carriers, distributors, marketers, consumers and managers of the system loads; and introduced the definition, already existing in the old law, representatives of the agents. Secondly, and in relation to the security of supply, reinforcing the role of the General Administration of the State, insofar as holder last guarantee and security of energy supply, improving the tools for action by this in the case of situations of risk to the security of supply, with the necessary collaboration with the autonomous communities affected. Thirdly, regulates the functioning of the electrical system in terms similar to the regulated in law 54/1997 of 27 November. Highlights in this title the regulation of the consumption of electric energy distinguishing three types and establishing that the facilities are securely connected to the system must contribute to the coverage of costs and services of the electric system in the same terms as the energy consumed by all of the system. On the other hand, referred to the application of a specific regime for the activities for the supply of electric energy in non-peninsular territories, leaving no peninsular electric systems terminology. Then the intra-Community and international exchanges of electricity are regulated, and an article concerning the separation of activities introduced by certain obligations for the marketing of reference companies, and certain exemptions from the obligations of separation of activities for the distribution companies is ultimately contained.

Title III develops the principle of economic and financial sustainability of the system by which refers to the ability to meet all of the costs of the same. On the one hand, defined electrical system revenues and costs, which even though they were already defined in the previous regulations with this new law are numbered in a single article. Also establishes two fundamental principles: on the one hand, that the revenues of the system will be sufficient to meet the entire cost of the electrical system, and on the other, to keep the costs and income ceilings, all custom rules in relation to the electricity sector, involving an increase of costs for the electrical system or a reduction in revenue should incorporate equivalent of other items of cost reduction or an equivalent increase of income to ensure the balance of the system. In addition on an annual basis, a forecast of the evolution of the different items of income and costs of the electrical system be adopted for the next six years.

On the other hand, and in relation to the remuneration of activities to the electric power supply is determined expressly that revenues of the electrical system will be used to pay only the remuneration of efforts aimed at power, unless they can be used for other purposes, and that the methodology of the calculation of the remuneration of transport distribution, technical and economic management and not mainland production shall be deemed costs necessary to carry out the activity by an efficient and well-managed company applying homogeneous criteria in all the Spanish territory. The parameters for the settlement of fees will have a term of six years and for its review, which will take place before the start of the regulatory period, will take into account the cyclical situation of the economy, electricity demand and profitability for these activities.

Also regulate the criteria of networks and operation of installations of generation with regulated remuneration, which shall be fixed by the Government with basic character and evenly for all the Spanish territory according to the best practices of activities, quality indexes and the levels of protection of the environment, which will be used in the planning of the transport network.

Also in this title stands between the tolls for access to the transport and distribution networks and charges that are needed to cover other costs of the activities of the system matching, that they shall be fixed in accordance with the methodology provided by the Government, reviewing General tolls and charges annually, or when circumstances that affect relevant mode occur costs regulated or parameters used for their calculation.


Novel is the regulation of voluntary prices for the small consumer, which will be unique throughout the Spanish territory. These prices are defined, in line with the previously known as rates of last resort, as the maximum prices that will charge marketers of reference to consumers who use them. Thus, the name of last resort rates is reserved to two groups of consumers: the so-called vulnerable, and those consumers who, without having the right to voluntary prices for the small consumer, temporarily lack a contract to supply with a marketer. Such voluntary prices to small consumers include additively, by analogy with the current last resort tariff defined according to legislation, the concepts of cost of production of electrical energy, tolls for access and fees that apply and marketing costs that apply.

The legal regime of collection and payment of tolls, charges, prices and regulated remuneration establishes, as a novelty, that payments of income and costs of the electrical system should be included in General, monthly and with equal frequency.

Stresses also the regulation of temporary imbalances between revenues and costs of the system. The concept of mismatch, which already had been used in the industry-standard is defined at the legal level. Mismatches are limited by income deficit so that the amount shall not exceed 2 per cent of revenues estimated for that year and the debt accumulated by mismatches may not exceed 5 per cent of such income. In the event that such limits are not met tolls or charges that apply will be reviewed. Part of the imbalance that is not compensated for by rise in tolls and charges will be funded by the subjects of the settlement system in proportion to the rights of collection activity. The amounts provided by this concept will be returned in the settlement for the five years following recognition of an interest rate. In terms of the surplus of revenue that might be they be allocated to compensate misalignments of previous years and while there are outstanding from previous years, toll charges or access may not be reviewed downwards.

Finally, and with regard to accounting and reporting, extended the obligation to keep separate accounting not only of the electrical activities of those that are not, as it was established until now, but also separate accounting of production with remuneration regulated and free. This obligation that so far affected producers with specific economic regimes is extended to all producers with regulated remuneration.

Title IV regulates the production of electrical energy. Removed the concepts differentiated from ordinary and special regime without prejudice to the unique considerations that need to be set. One of the main novelties introduced by this law is the regulation of the temporary closure of production facilities, which, as well as commissioning modification, transmission and decommissioning of facilities, shall be subject to the system of prior administrative authorization. Equally, are regulated in this title the necessary hydraulic exploitations for electrical energy production and the system of offers on the daily market, with the particularity that all production units should make offers to the market, including those of the extinct special regime. Regulation of demand and energy contracting, rights and obligations of producers of electricity, as well as registration of specific remuneration arrangements complete this title.

The economic and technical management of the system is provided for in title V. On the one hand, regulates the functions of the operator of the system and the market operator, as well as the procedures of certification of operator of the system by the National Commission of markets and competition, and authorization and appointment as the Manager of the transport network by the Ministry of industry, energy and tourism, which shall be notified to the European Commission as well as the certification in relation to countries not belonging to the European Union. On the other hand, regulates access and connection to the networks, by clearly defining the concepts of right of access and right of connection as well as permits access and connection, the procedure and requirements for authorisation and the subjects responsible for granting them under cover of technical and economic criteria to be established by regulation.

Title VI regulates the activity of transport of electrical energy. In this title is regulated facilities are integrated into the transport network including the definition of transport applicable to the non-peninsular territories, which was previously collected in lower-ranking standards. Also expressly introduces the requirement to be included in the planning for the recognition of the remuneration of the new facilities. Finally, collected functions that the carrier, shall develop previously scattered throughout the range of legal and regulatory standards.

Electricity distribution activity is provided for in Title VII, in which, mainly, detailing the concept of distribution activity, introduces the definition of distribution facilities, and collected the duties and functions of the electricity distribution companies distinguishing between those that are executed as holders of distribution networks and those that are made as managing companies of the distribution network.

The title VIII concerning the supply of electrical energy is divided into two chapters. Chapter I referred to the provision of the users and to the management of electricity demand, which deepens on measures of protection the consumer following the guidelines of Directive 2009/72/EC, of 13 July 2009. In this way, the right already collected currently can choose supplier can contract power directly in the market or through a retailer, are added, among others, the receiving service with levels of safety, regularity and quality to be determined, be supplied at prices easily and clearly comparable, transparent and non-discriminatory, and have procedures for dealing with their complaints. In addition, establishes the obligations of consumers, and in relation to vulnerable consumers collected provisions of Royal Decree-Law 9/2013, 12 July, laying down urgent measures to ensure the financial stability of the power system, adding that the social bond will be considered in accordance with the abovementioned Directive 2009/72 public service obligation by which/EC of July 13, 2009. The rights and obligations of the marketing companies, energy recharge service, and demand management, and energy saving and efficiency plans complete this chapter.

Chapter II of this title VIII regulates the supply quality understood as a set of technical specifications and care and relationship with consumers or producers, required companies that carry out activities aimed at the power supply. It also plans to the legal regime of the suspension of the power supply.

Title IX contains the regime of authorizations, expropriation, and easements. For reasons of clarity and simplification rules are collected in the same article the necessary authorizations for facilities of transport, distribution, production, direct lines, transmission and closure of the facilities. The rest of the precepts of the title refer to the Declaration of public utility and its effects, as well as rights-of-way.

Finally, the title X regulates the regime of inspections, offences and penalties, differentiating three chapters. Stresses in this title the revision of the definition of offences and the inclusion of new offences, to have identified certain behaviors that had not been contemplated in law 54/1997, of 27 November, and which have a negative impact on economic sustainability and the functioning of the electrical system. Revising the amount of the sanctions, expand existing accessory sanctions, and amending the competition for the imposition of sanctions.

As for the last part, the Act is completed with twenty additional provisions, sixteen transitional provisions, repeal provision, and six final provisions.

Title I General provisions article 1. Object.

1. the present law aims to establish the regulation of the electricity sector in order to guarantee the supply of electrical energy, and adapt it to the needs of consumers in terms of safety, quality, efficiency, objectivity and transparency and minimum cost.

2 are activities aimed at the supply of electrical energy: generation, transportation, distribution, energy recharge, marketing and trade intra-Community and international services, as well as the economic and technical management of the electrical system.

Article 2. Scheme for activity.

1. it recognizes free entrepreneurship for the exercise of activities to the electrical power supply regulated in this law without prejudice to the limitations which could be established for activities that have natural monopoly character.

2. the electric power supply constitutes a service of general economic interest.


3 corresponds to the Government and public administrations the regulation and control of the activities aimed at the supply of electric power. Also, the market operator and the system attendant will have the functions expressly attributed him.

4. in the provision of electric energy supply regulation may take into account plans and recommendations approved at the heart of international bodies, by virtue of conventions and treaties to which the Kingdom of Spain is a party.

Article 3. Powers of the General Administration of the State.

Correspond to the General Administration of the State, in the terms established in this law, the following powers: 1. establish the basic regulation of the activities aimed at the supply of electric power.

2. determine, in the sphere of its competence, the necessary measures to guarantee the supply of electricity.

3. to determine the necessary measures to ensure the economic and financial sustainability of the electrical system.

4 exercise the faculties of electrical planning in the terms set forth in the following article.

5 establish the remuneration regime and fix the remuneration of those activities that have compensation regulated in accordance with the provisions in this law.

6 grant and revoke the remuneration regime subjects that is applicable in accordance with provisions in this Act and its regulatory development and installations.

7 adjust the structure of regulated costs charges and tolls for the use of transport and distribution networks, as well as establish the criteria for the granting of guarantees by the subjects corresponding and fix, where appropriate, the voluntary price for small consumer as a maximum price for the supply of electricity to consumers to be determined according to the rules.

8 carry out the functions of management provided for in title II.

9. regulating the Organization and functioning of the electricity market.

10 adjust the terms that has to develop the economic and technical management of the system, approving the rules of market and operation of instruments and technical procedures necessary.

11. establish the requirements of quality and safety that govern the supply of electrical energy, taking into account the criteria set out in article 1.

12 determine the rights and obligations of the subjects related to the supply of electric power.

13 authorizing the following installations: to) peninsular electric energy production facilities, including its infrastructures of evacuation, installed electric power greater than 50 MW electric, primary transportation facilities peninsular and rush of equal to or more than 380 kV voltage.

(b) production facilities including its infrastructures of evacuation, secondary transportation, distribution, rush and hotlines, exceeding the territorial scope of an autonomous region, as well as the direct lines connected to State competition generation facilities.

(c) production facilities located in the territorial sea.

(d) production facilities of installed electric power greater than 50 MW electric located in the non-peninsular territories, when their electrical systems are effectively integrated with the Mainland system, in accordance with article 25.2.

(e) installations of primary transportation and voltage rating equal to or greater than 380 kV connections located in the non-peninsular territories, where these are connected electrically with the Mainland system.

14 teach, in the sphere of its competence, instructions relating to the extension, improvement and adaptation of networks and electrical transport and distribution facilities, in an adequate quality assurance and safety in the supply of energy with minimal environmental impact.

15 inspect, in the field of its competence, the subjects that carry out activities aimed at electric power supply regulated by this law, as well as its facilities, in the terms provided for in this law and its implementing regulations.

16 penalties, within the scope of its competence and in accordance with the provisions of this Act and provisions that it developed, the violations committed.

Article 4. Electrical planning.

1. the electrical planning shall provide for the needs of the electrical system for securing long-term energy supply, as well as to define the need for investment in new installations of electric power transmission, all under the principles of transparency and minimum cost for the whole of the system.

Planning of transport network with the technical characteristics that are defined will only have binding.

2. the electrical planning will be conducted by the General Administration of the State, with the participation of the autonomous communities and cities of Ceuta and Melilla, shall require a report of the National Commission of markets and competition and formality of audience. It will be submitted to the Congress of Deputies, in accordance with the provisions of its rules of procedure, prior to its approval by the Government, and will cover periods of six years.

3 such planning shall include the following aspects: to) with indicative, various scenarios about the future evolution of the demand for electricity including a sensitivity analysis with regard to the possible evolution of the demand to changes in the main parameters and variables that determine it, and an analysis of the criteria that lead to the selection of a scenario as the most likely. On selected stage the resources to meet it will be analysed and on the needs of new power, all in terms that promote a proper balance between the efficiency of the system, the security of supply and protection of the environment environment.

(b) be installed to meet demand estimate of the minimum capacity that should be planned under the criteria of security of supply and competitiveness, energy diversification, efficiency and protection of the environment.

(c) provisions relating to the transport and distribution facilities according to the forecast of electricity demand, resulting optimal according to the analysis of cost and benefits of different options or levels of adaptation of the system to meet such demand and guaranteeing security of supply.

(d) the establishment of lines of action in the field of quality of service, aimed at the achievement of the quality objectives.

(e) the performances on demand to optimize the management of resources and promote the improvement of the service provided to users, as well as the efficiency and saving energy.

(f) the evolution of the market conditions of production to achieve the security of supply.

(g) the criteria for environmental protection that should influence the activities of electricity supply, in order to minimize the environmental impact of such activities.

4 plans for development of the transport network, which should be included in the electrical planning, will pick up the lines of transport and planned substations, will cover periods of six years and will include criteria and flexibility in terms of their temporary implementation mechanisms to adapt to the actual evolution of electricity demand, without prejudice to its periodic review when the parameters and variables that served as the basis for its preparation had varied.

Exceptionally, by agreement of the Council of Ministers, prior procedure of hearing, reports of the National Commission of markets and competition and of the autonomous communities and cities of Ceuta and Melilla affected and heard the system operator, may proceed to the modification of aspects of the development plans when any of the following situations occurs (: a) according to the criteria of planning, submitted an unexpected fact that may affect in a significant way to the guarantee and security of supply.

(b) emerging new supplies whose power for technical reasons can only be done from the transport network and this could not be done under the existing transport network planning.

(c) there are reasons of economic efficiency of the system.

These actions may be proposed by the system operator and Manager of the transport network motivating their exceptional character.

The Minister of industry, energy and tourism, on the proposal of the operator of the system and following a report of the National Commission of markets and competition, may approve programs of annual implementation of facilities to carry out development plans included in the electrical planning, where you can see adaptations of a technical nature necessary for the execution of the same.

The network planning of electric power transmission, including any revisions which may be made, will be held subject to the principle of economic and financial sustainability of the electric system provided for in article 14 and, in any case, taking into account the limits of annual investment to be established by regulation.


5. without prejudice to the provisions of the preceding paragraphs, the Government may approve, on an indicative basis, plans related to the energy use of renewable energy sources and energy efficiency in the electricity sector, in order to facilitate the fulfilment of the objectives that could be set to Spain in these matters, arising from membership of the European Union.

Article 5. Coordination with planning.

1. the planning of the facilities of transport and distribution of electrical energy, which is located or run in any class and category of soil, should be taken into account in the corresponding instrument of regional planning and urban, which must specify the possible facilities and adequately qualify the land, establishing, in both cases, the necessary ground reserves for the location of the new facilities and the protection of the existing.

2. when there are justified reasons of urgency or exceptional interest for the supply of electrical energy that advise the establishment of transport and distribution facilities that require a prior Act of municipal intervention, it will be under the tenth additional provision of the text revised land law, approved by Royal Legislative Decree 2/2008 , 20 June. The same procedure shall apply in cases in which there are instruments of territorial and town planning already approved definitively, in which not is taken into account electrical planning in accordance with the preceding paragraph.

3. in any case, as regards transport facilities whose authorization is competence of the General Administration of the State it shall apply provisions of additional provision twelfth law 13/2003 of 23 May, regulation of the public works concession contract.

4. for all purposes, of the activities of the electricity supply infrastructure, recognized of public utility by the present law, they will have the status of general systems.

Title II article 6 supply management. Subjects.

1 activities to the electricity supply referred to in article 1(2) shall be developed by the following subjects: to) electric power producers, which are those natural or legal persons that have the function of generating electric power, as well as the build, operate and maintain production facilities.

(b) the operator of the market, which is that company that has the functions that he credited with article 29.

(c) the operator of the system, which is that company that has the functions that he credited with article 30.

(d) the carrier, which is the company that has the function of transporting electric power, as well as build, maintain, and maneuver the facilities of transport and all functions that are included in article 36.

(e) the distributors, which are those companies or cooperative societies of consumers and users, which have the function of distributing electric power, as well as to build, maintain and operate distribution facilities to locate the energy consumption points and all functions that are included in article 40.

(f) marketers, which are those companies or cooperative societies of consumers and users, which purchase energy for sale to consumers, other subjects of the system, accessing networks of transportation or distribution, or to perform operations of international exchange in the terms established in this law.

Regulations will be established the procedure and requirements to be marketer's reference.

(g) consumers, who are natural or legal persons who acquire the energy for their own consumption.

Those consumers who purchase energy directly in the market of production referred to as are direct consumers in market.

(h) the loads of the system managers, which are those companies that, as consumers, are enabled for the resale of electricity for energy recharge services.

System managers are the only subjects with character of wholesale customers in the terms provided for in the Community rules of application.

2. agents acting on behalf of any subject to the effects of their participation in the market of production and the receipts and payments of tolls, charges, prices and regulated fees will be considered representatives. Agents who act as representatives may not act simultaneously on own account and for hire or reward. Means that a representative acts on their own when you participate directly or indirectly in more than 50 per cent of the capital of the company that represents.

Representation by an employee may be indirect, when the representative acts in the name itself, or direct, when the representative is acting on behalf of the represented.

Article 7. The supply security.

1. all consumers will have right of access and connection to the networks of transport and distribution of electrical energy, in the national territory, in the terms established in this law and in conditions established by regulation by the Government.

2 for a certain period, the Government may adopt the necessary measures to guarantee the supply of electricity when if any of the following cases: to) certain risk for the delivery of the electric power supply.

(b) situations of shortage of any or some primary energy sources.

(c) situations which may arise serious threat to the physical integrity or security of persons, apparatus or installations or the integrity of the network transport or distribution of electricity prior communication to affected regions.

(d) situations in which occur substantial reductions in the availability of the facilities of production, transport or distribution or of the indices of quality of the supply attributable to any of them.

3 the measures taken by the Government to deal with the situations described in the preceding paragraph may refer, among others, the following aspects: to) limitations or temporary changes in the market of electricity referred to in article 25 or in isolated power systems generation dispatch.

(b) direct operation of the generation, transmission and distribution facilities.

(c) establishment of special obligations in the field of safety stock of primary sources for the production of electrical energy.

(d) limitation, temporary modification or suspension of the rights provided for in article 26 to the producers of electricity from renewable energy, cogeneration and waste sources.

(e) modification of the General conditions of regularity in supplying with general or referred to certain categories of consumers.

(f) limitation, temporary modification or suspension of the rights and guarantees of access to the network by third parties.

(g) limitation or allocation of supplies of primary energy to electricity producers.

(h) any other measures which may be recommended by the international bodies that Spain is a member, or determined in implementation of those conventions in which it participates.

4. in the situations described, the Government will determine the compensation regime applicable to those activities that would be affected by the measures taken guaranteeing, in any case, a balanced allocation of costs.

5. where the measures taken by the Government in accordance with the provisions of paragraph 2 affect only one autonomous community, the decision shall be taken in conjunction with this.

Despite the above, in the case that the non-peninsular territories occur certain risk for the provision of electrical power or supply situations may arise that threat to the physical integrity or security of persons, apparatus or installations or the integrity of the network of transport or distribution of electricity the proposed measures may also be adopted by communities or autonomous cities affected, provided that they are restricted to their respective territorial scope. In this course, such measures will not have economic impact in the electrical system, unless there is prior agreement of the Ministry of industry, energy and tourism, thus authorizing it.

6 when the breach of the obligations of the subjects defined in article 6 may affect the continuity and security of the electricity supply, and to ensure their maintenance, Government may agree intervention of the corresponding company in accordance with the provisions of article 128.2 of the Constitution, adopting appropriate measures for this purpose.

These effects will be causes of intervention of a company the following: 1 when mediate Declaration of bankruptcy and the company not been in a position to comply with their obligations, and, in any case, if the opening of the liquidation phase has occurred.

2. irregular management of activity when it is attributable to him and can result in its stoppage with interruption of the supply to users.

3rd the serious and repeated lack of proper maintenance of the facilities which endangers the safety of them.


In these cases, if the companies that develop activities to the electrical power supply do not by installations whose authorization is exclusive competence of an autonomous region, the intervention will be agreed by this, unless it is at risk the security of supply, in which case, can also be agreed upon by the Government, who shall communicate it to the autonomous community.

7. in any case, it will be at the disposal of the National Commission of markets and competition information on the implementation of the necessary measures to guarantee the supply of electrical energy contained in this article.

Article 8. Operation of the system.

1. the production of electricity will take place in free competition.

The market of electric energy production is the integrated by all commercial transactions of purchase and sale of energy and other services related to the supply of electric power.

The market of electric energy production is structured in markets in term, market daily, intraday market, adjustment and balance services and over-the-counter markets. The subjects defined in article 6 acting on the market of production referred to in the preceding paragraph may freely agree on the terms of contracts for the sale of electric power which have agreed, respecting the procedures and minimum contents laid down in this law and its regulations.

The Government may determine the functioning of the market daily and Intraday based on offers of production units whether they are physical or portfolio, and in the electrical systems of the non-peninsular territories a firm technical and economic performance.

2. the operation of the system, the operation of the market, transport and distribution of electricity are regulated for the purpose of its separation from other activities, and its economic regime activities and operating it will adjust as provided in this law.

Ensures the access by third parties to the networks of transport and distribution in the technical and economic conditions laid down in this Act and in the terms established by law by the Government.

3. without prejudice to the provisions for the marketing of reference, marketing and energy recharge services shall freely be exercised in the terms provided for in this law and its economic regime determined by the conditions that were agreed between the parties.

4. unless otherwise agreed, the property of electric power transmission shall be produced at the time in which it has input on the premises of the buyer.

For marketers and managers of loads, the property of electric power transmission means produced, unless otherwise agreed, when the same input in your customer's premises.

Article 9. Consumption of electrical energy.

1. for the purposes of this Act, refers to consumption the consumption of electrical energy generation facilities connected within a network of consumers or through a direct line from power associated to a consumer.

The following types of consumption are distinguished: a) modes of supply with consumption. When the case of a consumer who had an installation of generation, for own consumption, connected inside your delivery point network and that were not given high in the corresponding register as production facility. In this case there will be a single subject than those provided for in article 6, which will be the subject of consumer.

(b) modalities of production with consumption. In the case of a consumer associated with a production facility duly registered in the administrative register of production facilities of electric power connected to the interior of your network. In this case there will be two subjects from those provided for in article 6, the subject of the consumer and the producer.

(c) modalities of production with consumption of a consumer connected via a direct line to a production facility. In the case of a consumer associated with a production facility duly registered in the administrative register of electrical energy production facilities to which was attached through a hotline. In this case there will be two subjects from those provided for in article 6, the subject of the consumer and the producer.

(d) any other form of consumption of electrical energy from an installation of power associated with a consumer generation.

2. in the event that the production of electricity or consumption installation is connected total or partially the electrics, holders of both will be subject to the obligations and rights provided for in this law and its implementing regulations.

3. all consumers subject to any means of subsistence shall be required to contribute to costs and system services by the self-consumed power, when the installation of generation or consumption is connected total or partially the electrics.

So they will be forced to pay the same tolls for access to networks, charges associated with the cost of the system and costs for the provision of the services of the system corresponding to a consumer that is not subject to any consumption patterns described in the previous section.

The Government may by regulation establish reductions in such tolls, charges and costs in systems not Peninsular, when subsistence patterns imply a reduction of the costs of such systems.

4. consumers welcomed the modalities of consumption of electric power will be required to register in the administrative register of consumption of electric power, created for this purpose in the Ministry of industry, energy and tourism.

According to the rules, after hearing of the autonomous communities and cities of Ceuta and Melilla, shall be established by the Government Organization, as well as the procedure of registration and communication of data to the administrative registry of consumption of electric energy.

5. the Government shall establish the administrative and technical conditions for connection to the network of facilities with subsistence.

Also the Government will establish economic conditions for mode b facilities) with subsistence production sold to the system not self-consumed power.

Article 10. Activities in the electrical systems of the non-peninsular territories.

1. activities for the provision of electrical energy carried out in the electrical systems of the non-peninsular territories may be a singular regulation that will serve the specificities of their territorial location and its isolated character, prior report of the autonomous cities of Ceuta and Melilla affected.

2 such regulation will develop, at least, the following mechanisms: to) the planning of the network infrastructures of transport of electric energy based on criteria of cost/benefit analysis, relative to the rest of activities intended to supply, and on the terms provided for in article 4.

(b) the establishment of a compensation scheme for production in the terms provided for in article 14.

(c) the promotion of renewable energies when they are technically acceptable and entail a reduction of the cost of the system in the terms provided for in article 14.

(d) the integration of systems not peninsular in the mainland market, where there is interconnection with the peninsula's commercial enough, and until then, the application of technical criteria and for the office of energy market.

(e) the establishment of economic incentives to the operator of the system so that, while maintaining the security, the cost of generation is reduced progressively not peninsular systems.

(f) the incorporation of price signals efficient consumer so you can modulate your demand.

Article 11. Intra-Community and international trade in electricity.

1 intra-Community trade of electricity may be conducted freely in the terms provided for in this Act.

2. the acquisitions of energy through interconnections with other Member States of the European Union or third countries can be made by producers, marketers and direct consumers in market defined in article 6.

This energy may be purchased through any of the forms of engagement that are authorised in the development of this law.

3. sales of energy through interconnections with other Member States of the European Union or third countries can be made by producers, marketers and direct consumers in market defined in article 6. These operations must be reported to the operator of the system, which may deny them when they imply a certain risk for the supply.

4 exchanges short term energy balance or reserve that relate to the maintenance of the conditions of quality and security of supply of electricity in the system and the exchanges of cross-border services of adjustment, will be performed by the system operator, or other subjects of the system under the terms established by law.

5. the exchange of electric energy through interconnections with third countries will be, in any case, subject to administrative authorization from the Ministry of industry, energy and tourism.


6. the legal and economic regime which will be subject to intra-Community and international trade is regulated by regulation while respecting the principles of competition and transparency that govern the market. In any case, the subjects carrying out export of electric power operations shall pay the costs of the system which they are proportionately entitled.

Article 12. Separation of activities.

1. commercial companies that develop any or some of the activities of transport, distribution and operation of the system that referred to in paragraph 2 of article 8 must have exclusive corporate purpose the development of them unless they can, therefore, make production, marketing or recharge energy services activities, nor take shareholdings in companies that carry out these activities.

2 However, a group of companies may develop activities incompatible according to the law, provided that they are exercised by different societies, and the following criteria of independence are met: to) persons responsible for the management of companies that carry out regulated activities may not participate in organizational structures of the business group that are responsible, directly or indirectly, for the day-to-day management of activities , marketing or energy recharge services. In addition, and without prejudice to the provisions of the second paragraph of article 34.2 in terms of single carrier and exclusivity of the activity of transport development, responsible for Administration of the distribution network cannot participate in the day-to-day management of transport activities.

(b) groups of societies shall ensure, under the responsibility of its administrators, the independence of the persons responsible for the management of companies engaged in activities regulated by the protection of their professional interests. In particular they will establish guarantees as regards their remuneration and its cessation.

Companies carrying out regulated activities and the persons responsible for its management to be determined may not own shares of companies that carry out activities of production, marketing or energy recharge services.

In addition, societies engaged in regulated activities, as well as their workers, may not share commercially sensitive information with the companies of the Group of companies to which they belong, where these activities liberalized.

(c) the companies that carry out regulated activities will have capacity of decision effective, independent of the Group of companies, with respect to assets necessary to operate, maintain or develop the network of transport or distribution of electricity.

However, the Group of companies shall have the right to economic surveillance and the management of the concerned societies, and may subject to approval the annual financial plan, or equivalent instrument as well as establish overall limits to its level of debt, they do not interfere in the viability of the budget prepared by the society regulated as a single society.

In no case may the business group give instructions to companies carrying out regulated activities with respect to the day-to-day management, nor with respect to individual decisions concerning the construction or improvement of transport or distribution assets, provided that is not exceeded in the annual financial plan or equivalent instrument, or nor take instructions on which services need to recruit society regulated to other companies of the group if they do not present economic conditions comparable to that they would get overseas.

((((d) societies carrying out regulated activities will establish a code of conduct which sets out measures taken to ensure compliance with the provisions of paragraphs a), b), c) above.

This code of conduct shall establish specific obligations of employees, and its compliance will be subject to appropriate supervision and evaluation by the person or competent authority designated by the company for that purpose. Responsible for evaluating compliance shall be completely independent and shall have access to the information society and any of its affiliates that requires to perform its function.

Annually, responsible for monitoring will present a report to the Ministry of industry, energy and tourism and the National Commission of markets and competition that will be published in the «Official Gazette», indicating the measures taken to achieve compliance as set forth in paragraphs a), b), c) above. This report will be submitted by March 31 of each year over the previous year.

e) separation of activities and, in particular, functional separation, for which purpose forced companies must send to the Ministry of industry, energy and tourism and the National Commission of markets and competition code of conduct provided for in paragraph d) of this article before 31 March of each year, compared to the previous year.

3. the distribution companies and the reference marketing companies that are part of a group of companies that develop activities regulated and free in the terms provided for in this law, will not create confusion in your information and the presentation of your brand and brand image with respect to the identity of the subsidiaries of the same group who perform marketing activities without prejudice to infringements provided for in the regulations in this regard.

4. the set of obligations set out in paragraph 2 of this article shall not apply to the distribution companies with less than 100,000 clients connected to their networks.

Title III economic sustainability and financial of the electrical system, article 13. Economic and financial sustainability of the electrical system.

1. the actions of public authorities and other subjects covered by the scope of this law shall be subject to the principle of economic and financial sustainability of the electrical system.

Capacity means economic and financial sustainability of the electrical system to meet all of the costs thereof, pursuant to this law and its implementing regulations.

2 the cost of the system will be financed from revenues of the electrical system including: a) the tolls for access to the networks of transport and distribution satisfied by consumers and producers and agents by exports of energy to countries non-EU, intended to cover the remuneration of transport and distribution, b) charges that are established for the payment of other costs that are not covered by other income items ((, as defined are in article 16 c) any financial mechanism established normatively, d) from the General State budget items intended to cover, among others, the amounts to be determined corresponding to the costs of the specific compensation arrangements for the promotion of the activity of generation from energy sources renewable and the extra-cost of production in the electrical systems in the non-peninsular territories with additional remuneration regime and (, e) any other income expressly attributed by a range of legal or regulatory standard.

3 the costs of the electric system, which shall be determined in accordance with the provisions of this law and its implementing rules, shall be the following: to) remuneration of transport and distribution activities.

(b) specific remuneration regime of the activity of generation from renewable energy sources, cogeneration of high efficiency and waste.

(c) remuneration of the extra-cost of production activity in the electrical systems in the non-peninsular territories with additional remuneration regime.

((d) remuneration associated with the implementation of capacity mechanisms, where appropriate, e) remuneration associated with mechanisms carried out in application of article 25.1, where appropriate.

(f) compensation associated with the nuclear moratorium in accordance with the additional provision of the law 40/1994, of 30 December, eighth of organization of the national electric system.

(g) Endowment of the Fund for the financing of the General radioactive waste Plan.

(h) the rate of the National Commission of competition and markets and the Ministry of industry, energy and tourism.

(i) allocation of the difference in losses associated with the closure of energy in the market of production, in the case.

(j) annuities corresponding to the deficit of the electric system, with corresponding interests and adjustments.

(k) measures of demand management, in the case that are so recognized in accordance with article 49.

(l) technical and economic management of the system in the event of a mismatch between the income and the remuneration of these activities in accordance with provisions of article 14.11, and the amount raised through the regulated prices charged to agents.

(m) any other costs expressly attributed by a rule with legal rank whose purpose respond exclusively to the regulation of the electricity sector.

4. revenues of the system will be sufficient to meet all the costs of the electric system.

5. all measurement rules in relation to the electricity sector, involving an increase of costs for the electrical system or a reduction in income must incorporate an equivalent reduction of other costs items or an equivalent increase in income that ensures the balance of the system.


6. with character annual, by order of the Minister of industry, energy and tourism agreement of the delegate Commission of the Government for Economic Affairs, and prior report of the National Commission of markets and competition, will approve a forecast of the evolution of the different items of income and costs of the electrical system for the next six years.

Article 14. Remuneration of the activities.

1. activities for the supply of electricity shall be paid in the manner provided for in this law with revenues of the electrical system defined in article 13, the derived from participation in the market of production, as well as income from the application of the provisions of this law and its implementing regulations.

Revenues of the electrical system will be used to pay only pay their own activities to the power supply and the rest of the cost of the system defined in article 13, unless they can be used for other purposes.

2. the remuneration of the activities shall be established by law with objective, transparent and non-discriminatory criteria that encourage the improvement of the efficiency of the management, technical and economic efficiency of such activities and the quality of the power supply.

3. for the calculation of the remuneration of the activities of transport, distribution, technical and economic management of the system, and production in the electrical systems of the non-peninsular territories with additional remuneration regime shall be deemed costs necessary to carry out the activity by a company efficient and well managed, through the application of homogeneous criteria in all the Spanish territory without prejudice to the specific intended for the non-peninsular territories. These economic regimes allow the obtaining of compensation right of a low-risk activity.

4. the parameters of compensation paid to renewable transportation, distribution, production from energy sources, cogeneration of high efficiency and waste with specific compensation arrangements and production not peninsular electric systems with additional remuneration regime shall be fixed taking into account the cyclical situation of the economy, electricity demand and profitability suitable for these activities for periods regulatory that will have a period of six years.

These compensation parameters may be reviewed before the start of the regulatory period. If this review was not carried out you will understand carried over to the next regulatory period.

In the quoted review for activities of transport, distribution, and production not peninsular electric systems with additional remuneration regime may modify the rate of remuneration applicable to such activities to be legally set.

For installations of production from renewable energy sources, cogeneration of high efficiency and waste regime retribution specific modification of the parameters of compensation will be according to the following criteria: 1 in the revision that corresponds to each regulatory period may modify all salary parameters, and among them the value that will rotate the reasonable profit in subtract living facilities type regulatory that it will be legally set.

In any case, once recognized regulatory useful life or the value standard of the initial investment of a facility, may review these values.

2nd every three years will be revised for the rest of the regulatory period estimates of revenue from the sale of the power generated, valued at the market price of production, depending on the evolution of market prices and forecasts of operating hours.

Also be adjusted compensation parameters based on deviations from the price of the market with regard to estimates for the previous period of three years. The method of adjustment shall be established by law and shall apply in the remainder of the life of the installation.

3rd at least annually will be updated values of retribution to the operation for those technologies whose operating costs essentially depend on the price of fuel.

5 remuneration of production activity will incorporate the following concepts: to) electric power negotiated through daily and intradaily markets is remunerated on the basis of the resultant price of the balance between the supply and demand of electricity offered therein resulting mechanisms established.

Electric power negotiated through bilateral or physical procurement markets or term which is remunerated on the basis of the price of operations contracted firm in the aforementioned markets.

This remuneration will be defined considering the losses incurred on the networks and the costs of alterations of the normal mode of operation of the system of offers.

(b) the adjustment of the system services necessary to ensure adequate consumer supply.

Regulations shall be determined which services are considered adjustment of the system, as well as its remuneration regime, unlike those who have binding character of those start-up.

(c) where appropriate, the remuneration in respect of mechanism of capacity, which will be established by order of the Minister of industry, energy and tourism, which allow to provide an adequate coverage margin system and encourage the availability of dispatchable power.

(d) where applicable, the additional fee referred to in paragraph 6 for the activity of production of electrical energy in the electrical systems of the non-peninsular territories.

(e) where appropriate, the specific fee referred to in paragraph 7 for the production of electricity from renewable energy sources, cogeneration of high efficiency and waste.

6 the Government may determine an additional remuneration to cover the difference between the cost of investment and operation of the activity of production of electrical energy in the electrical systems of the non-peninsular territories and income of this production activity with reference to the structure of prices provided for in paragraphs a), b), c) of paragraph 5. The additional remuneration shall be based on the following principles: to) will be taken into consideration only the specific extracostes of these electrical systems associated to their territorial location and, where appropriate, its isolated character.

(b) for the determination of the cost of investment and operation of the activity of production of electrical energy will be considered an installation type, throughout their regulatory useful life and in reference to the activity carried out by an efficient and well-managed company.

(c) to the effect of allowing a remuneration right of a low-risk activity, the financial remuneration of the recognized net investment rate will be referenced to the performance of the obligations of the State to ten years on the secondary market increased with a suitable differential.

7. exceptionally, the Government may establish a specific compensation arrangements to encourage production from renewable energy sources, cogeneration of high efficiency and waste, where there is an obligation of energy objectives derived from policies or other standards of European Union law or where its introduction involves a reduction of energy cost and external energy dependency (, in the terms set forth below: a) the granting of this regime specific remuneration will be established through competitive procedures.

This regime remuneration, additional to the remuneration for the sale of the energy generated valued at the price of the market, will be composed of a term per unit of installed power covering, where appropriate, the costs of investment for each installation type that can not be recovered by the sale of the energy in the market, and an end to the operation that covers in your case, the difference between operating costs and revenues from participation in the market of production of such installation type.

This compensation scheme will be compatible with the economic sustainability of the electrical system in accordance with the provisions of article 13 and will be limited in any case, the objectives of power established in the planning in the field of renewable energy and saving and efficiency.

(b) for the calculation of the specific fee will be considered for installation type, throughout their regulatory useful life and in reference to the activity carried out by a company efficient and well managed, the values that may be considered: i. standard revenues from the sale of the generated energy valued at the price of the market.

II. standard operational costs.

III. the standard value of the initial investment.

For this purpose, in no event shall be taken into consideration costs or investments that come certain rules or administrative acts which not be applied throughout the Spanish territory. In the same way, only shall be taken into account those costs and investments that respond exclusively to the activity of production of electrical energy.

As a result of the unique characteristics of the electrical systems of the non-peninsular territories, specific installations may define exceptionally for each of them.


The remuneration regime shall not exceed the minimum level required to cover the costs that will compete at the facilities of production from renewable energy sources, cogeneration of high efficiency and waste at a level of equality with the other technologies on the market and that allows to obtain a reasonable profit, referring to the installation type in each applicable case. This reasonable profitability will turn, before taxes, the average yield in the secondary market of the State obligations to ten years by applying the appropriate differential.

Exceptionally the remuneration regime can add also an incentive to investment and execution within a certain period where your installation involves a significant reduction in costs in the non-peninsular territories systems.

(c) the value of the initial investment is determined by competitive procedure to grant the additional remuneration regime to each installation.

The additional fee to the market, which could correspond to each installation will be which results from applying the provisions of the preceding paragraphs considering as standard value of the initial investment that will result in the competitive procedure.

(d) power attributable to the use of a fuel in a facility of generation that uses as primary energy from renewable energy sources non-consumable will not be subject to retribution specific arrangements, except for hybrid installations among renewable energy sources non-consumable and consumable, whose power attributable to the use of consumable renewable power source Yes may be subject to specific compensation arrangements.

To these effects, the methodology for the calculation of power attributable to fuels used be published by order of the Minister of industry, energy and tourism.

(e) the specific remuneration arrangements will become irrelevant if as a result of an inspection or any other valid means by law, it is stated that prior to the deadline according to the rules established installation failed in any of the following requirements: i. be completely after. For these purposes, is considered to have a facility completely after if you have all the elements, equipment and infrastructure needed to produce energy and pour it to the electrical system, including, where appropriate, storage systems.

II. that their technical specifications match the technical characteristics designed for installation at the time of the granting of the right to the perception of the specific compensation arrangements.

In those cases where technical feature that has been modified is the power of the installation, provided such circumstance recorded in the registration in the register of installations of electric power production prior to the expiration of the time limit according to the rules established, compliance with the requirement of paragraph ii of this paragraph e) will only be payable to the part corresponding to the registered power installation. In such cases, the installation is only entitled to the perception of the specific compensation arrangements corresponding to this power included in the register and the fraction of the energy imputable to it.

In the provisions that established the mechanisms of allocation schemes compensation specific may exempt new facilities that meet certain requirements of compliance with the provisions of paragraph ii of this paragraph e).

The power or energy imputable to any part of an installation entitled perception of the specific compensation arrangements, that had not been installed and functioning prior to the deadline established by law, are not entitled to the specific compensation arrangements, without prejudice to the remuneration regime established by regulation by the Government for modifications of installations.

The circumstances referred to in this paragraph e) and the consequent failure or modification, as appropriate, of the specific compensation arrangements applicable to different facilities will be declared by the Directorate-General for energy and mines prior a procedure that will guarantee, in any case, hearing the person concerned. The deadline to resolve this procedure and to notify its resolution shall be six months.

8 remuneration of the activities of transport and distribution methodologies will be established according to the rules according to the costs required to build, operate and maintain the facility according to the principle of realization of the activity at the lowest cost for the electrical system as referred to in article 1(1).

The economic regimes of transportation and distribution activities shall take as a basis the following principles: to) the accrual and the collection of the remuneration generated by transportation and distribution installations put into service the year n will start from January 1 of the year n + 2.

(b) the remuneration in respect of investment will be for those assets in service not amortized on the basis for their financial remuneration the net value of the same.

(c) to the effect of allowing a remuneration right of a low-risk activity, the rate of financial reward of the asset with a right to remuneration in charge of the electrical system of the transport and distribution companies will be referenced to the performance of the obligations of the State ten years on the secondary market increased with a suitable differential.

The methodology of the activity of transport fee should contemplate economic incentives, which may be positive or negative, sign for the improvement of the availability of facilities and other targets.

The methodology of the activity of distribution fee shall include the formulation to remunerate other regulated functions carried out by the distribution companies, as well as incentives that apply, that they may have positive or negative sign, for the improvement of the quality of supply, reduction of losses, the fight against fraud, technological innovation and other objectives.

In the case of assets involving technological innovations and provided that its introduction involves greater technical and economic efficiency in the system, can be considered a life regulatory differential for these assets significantly lower.

9. regulations by the Government the economic regime of rights is established by rush, hooves, verification of installations, performances on the measurement and control equipment, equipment leasing measure, studies of access to networks and other actions necessary to meet the requirements of the users.

Payments for rights by rush, hooves, verification and performances about measurement and control equipment derived from decisions of users, equipment leasing measure and studies of connection and network access will be performed by the subjects of the system to the owners or managers of the network under the terms established by law. Any such payments will be consideration of tolls or fees.

10. without prejudice to the provisions in relation to the marketing of reference, remuneration to the marketing activity will be that freely agreed between the parties.

Consumers, either directly, or through your retailer, may obtain revenue corresponding, for their participation, where appropriate, the services included in the market according to what is determined according to the rules.

11. the remuneration of the system operator and market operator shall be established in accordance with the methodology determined by the Government according to the services actually provided and will be funded based on the prices that they charged to agents and subjects of the system, respectively.

The remuneration of the system operator may incorporate incentives, which may be positive or negative, sign to the reduction of system costs of the operation in the determination of the services of adjustment, to the improvement of forecasts, and other objectives.

The remuneration of both operators and prices that should charge will be set annually by the Minister of industry, energy and tourism.

Article 15. Of networks and production facilities performance criteria subject to regulated remuneration.

1. the Government shall establish networks general criteria and criteria subject to remuneration regulated power generation facilities operating. Remuneration methodologies established with revenues of the electrical system shall be only into consideration the costs of implementation of such criteria.

Best practices in the activities of transport, distribution and production, quality levels established in the State regulations and environmental protection levels derived from State and European regulations shall be taken into account for this purpose.

The criteria provided for in this section shall be used in the planning of the transport network.


2. the companies of active networks and electric power production facilities subject to remuneration adjusted to all that apply, in any of its areas, specific regulations on networks or production facilities involving some higher costs in the activity you perform, may establish agreements or other arrangements with public administrations to cover the overrun caused. In any case the extra cost caused by these rules will form part of investment or operating costs recognised these companies for the calculation of the fee, not and can therefore be defrayed through revenues from the electrical system.

3. exceptionally and temporarily, the Government may authorize the extra cost derived from fuel changes in production of the electrical systems of the Territories not Peninsular, essential facilities to ensure supply in those territories.

Article 16. Tolls for access to networks and charges associated with the cost of the system.

1 the Minister of industry, energy and tourism, prior agreement of the delegate of the Government Commission for Economic Affairs, shall adopt the provisions necessary for the establishment of: a) the prices of tolls for access to the networks of transport and distribution, to be established according to the methodology established by the National Commission of markets and competition whereas for this purpose the remuneration of these activities cost.

(b) the necessary charges to be established in accordance with the methodology set out in this article to cover other costs of the activities of the system corresponding.

Tolls and user charges so calculated shall be unique throughout the national territory and shall not include any kind of taxes.

2. tolls shall comply with consumers will be considered specialties by voltage levels and for periods of time and power consumption characteristics.

Tolls which shall satisfy producers of electric power shall be governed according to the rules, taking into account the energy poured to the networks.

3. the Government, report of the National Commission of markets and competition, will establish the methodology of calculation of the charges the consumer must satisfy and, in his case, the producers of electricity, and that will cover the cost of the system to be determined, without prejudice to the tolls of transport and distribution.

Such charges may take into account the structure of existing access tolls.

4. in the event that the activities or facilities to power were taxed, directly or indirectly, with tributes from the autonomous communities or surcharges on State taxes, toll access or charge corresponding may include a territorial supplement which will cover all of the extra cost caused by this tribute or extra charge and which must be paid by the consumers located in the territory of the respective autonomous community.

In the case that taxes are local, except those referred to in article 59 of the consolidated text of the Act regulating local treasuries, approved by Royal Legislative Decree 2/2004 of 5 March, at the toll booth of access or charge corresponding is may include a territorial supplement that covers all of the overrun caused.

By order of the head of the Ministry of Presidency, a joint proposal from the heads of the ministries of industry, energy and tourism and of finance and public administration will be determined, prior agreement of the delegate of the Government Commission for Economic Affairs, specific taxes and surcharges that will be considered for the purposes of the above territorial supplements, as well as the necessary mechanisms for the Administration and payment of such supplements.

5. in General, and without prejudice to the provisions of article 19, the tolls for access to networks and charges referred to in paragraph 1 of this article shall establish is annually by the Minister of industry, energy and tourism, prior agreement of the delegate of the Government Commission for Economic Affairs, based on estimates. Such charges and tolls for access can check also when occur circumstances affecting so relevant to the regulated costs or the parameters used for the calculation.

6. the companies that carry out activities with regulated remuneration shall provide to the National Commission of markets and competition and to the Ministry of industry, energy and tourism how much information is needed for the determination of charges for access to the transport and distribution networks, and charges required to cover other costs.

Article 17. Volunteer rates for small consumers and rates of last resort.

1 voluntary prices to small consumers, which will be unique throughout the Spanish territory, will be the maximum prices that will charge marketers that, pursuant to the provisions of paragraph (f)) of article 6, to assume the obligations of supply of reference to those consumers that, in accordance with the regulations, the requirements so that they may apply them.

These prices shall be fixed in such a way that the principle of sufficiency of income, additivity and non is respected in its calculation cause distortions of competition in the market.

2. voluntary prices to small consumers shall take into account specialties referred to in article 16.2 that correspond. For its calculation, to include additively in its structure the following concepts: to) the cost of production of electrical energy, which is determined based on market mechanisms according to the price environment provided for in the market of production during the period to be determined by regulation and will be reviewable independently of the rest of the voluntary price for small consumer concepts.

(b) the tolls for access and charges that apply.

(c) marketing costs that apply.

3 define the rates of last resort as those prices applying to specific categories of consumers according to the provisions of this law and its implementing regulations.

These rates of last resort will be of application: a) to consumers who have the status of vulnerable, and b) those who, without meeting the requirements for the implementation of the voluntary price for the small consumer, temporarily do not have a supply contract in force with a marketer in free market.

The rates of last resort will be unique in all the national territory and in fixing discounts or surcharges on volunteers for the small consumer prices, may incorporate as determined for each category of consumers. The rates of last resort will be prices that will charge marketers that, pursuant to the provisions of paragraph (f)) of article 6, to assume the obligations of supply of reference to those consumers that, in accordance with the regulations, the requirements resulting from application.

4. the Government shall establish the methodology of calculation of the volunteers for the small consumer prices and rates of last resort. By order of the Minister of industry, energy and tourism, prior agreement of the delegate of the Government Commission for Economic Affairs, it will dictate the provisions necessary for the establishment of these volunteers to the small consumer prices and rates of last resort.

5 prices volunteers for the small consumer and rates of last resort for each category of consumption shall apply the corresponding taxes.

6. in the event that the activities or facilities to power were taxed, directly or indirectly, with tributes of the autonomous communities or surcharges on State taxes, volunteers for the small consumer prices or rates of last resort may include a territorial supplement which will cover all of the extra cost caused by this tribute or extra charge and which must be paid by the consumers located in the territory of the respective autonomous community.

Where taxes are local, except those referred to in article 59 of the consolidated text of the Act regulating the local Haciendas, approved by Royal Legislative Decree 2/2004, of 5 March, volunteer small consumer pricing or the last resort rate may include a territorial supplement that covers all of the overrun caused.

By order of the head of the Ministry of Presidency, a joint proposal from the heads of the ministries of industry, energy and tourism and of finance and public administration, and prior agreement of the delegate of the Government Commission for Economic Affairs, are determined, specific taxes and surcharges that will be considered for the purposes of the above territorial supplements, as well as the necessary mechanisms for its management and liquidation.


7 to ensure that there is greater transparency in the supply of electricity prices, shall be broken down in billing the user different concepts in the form that statutorily is determined, unless the cost of energy, tolls for access to the transport and distribution networks and charges that apply, and the taxes that are payable in respect of the consumption of electricity as well as territorial supplements when they correspond. The turnover of those users with rates of last resort, will include, where appropriate, the amount of the social bond discounting the voluntary price for small consumer or the surcharge on the price in the case of the last resort tariff for those consumers who temporarily does not have a supply contract in force with a marketer in free market.

Article 18. Collection and payment of tolls, charges, prices and regulated fees.

1 tolls for access to transmission and distribution networks and prices or charges for other regulated services to the electric power supply will be raised by the distribution companies, and, where applicable, by the operator of the system, and must give to entered quantities the application that proceed in accordance with the general procedure of liquidation provided for in this law and its implementing regulations.

To this effect, revenues from tolls or charges will be that had due to be billed by regulations that establish them, regardless of their effective billing and collection by the obligors to your fundraising.

2. the Government will establish by regulation the general procedure of payments for the distribution of funds entered by dealers and the carrier, as well as the remaining items of income, among those who carry out the activities included in the system, serving the remuneration that corresponds them in accordance with this law.

Liquidations of income and costs of the electrical system will be carried out monthly by the body responsible to the settlement account of closure of each year, which shall be carried out prior to December 1 of the following year corresponds to considering revenue items incorporated into the settlement system until such a date from any financial mechanism established normatively and of the State budget , according to the provisions of article 13.

Any income or cost which is incorporated after the liquidation of a year-end, will be considered income or costs payable from the system of the exercise thereof.

In General, activities with regulated remuneration corresponding to a game of power system costs, the payment of such compensation will be made with charge to the payments of the financial year for which they are established, applying to all activities with equal distribution in the collection. The foregoing shall be without prejudice of regularisation of immigrants that they may be made subsequent to liquidations of each year or the target established for those items of revenue of the State budget or financial mechanisms pursuant to regulation.

3. the subjects referred to in article 6 shall accede to the conditions that establish the market operator and the system operator to carry out the operations of liquidation and payment of energy corresponding. Such conditions shall be public, transparent and objective and will be approved by the Ministry of industry, energy and tourism.

4. in the case of subjects of the electrical system that corresponds to payments for liquidation, in accordance with the provisions of this article, not fulfilled their obligation of entering period amounts which they are entitled, the body responsible for making payments required them, immediately after expiry of the period for payment so come to the entry of the corresponding amounts.

In these cases, when the breach of the obligation of income corresponds to a company belonging to a group of companies that it had receivables in the same settlement, prioritize the allocation of the amounts not paid in accordance with the following rules: to) be charged firstly unfulfilled amounts making a deduction to subjects with the same group of companies receivables and (, b) the remaining quantities shall be distributed to the rest of subjects not belonging to that group.

Without limiting the foregoing, in from the next day of the end of the period laid down for payment, they will begin to accrue without prerequisite, interest on late payments, which will be equal to the legal interest of the money increased by 150 basis points.

5. the liquidation of obligations of payment or, where appropriate, billing rights resulting from the application and legislation developed in accordance with the general procedure of settlements, shall be regarded as income or taxable of system cost, as appropriate.

Article 19. Temporary imbalances between revenues and costs of the system.

1 means that occur temporary imbalances between income and costs of the electrical system if as a result of liquidations of closure of the electrical system in a year is a deficit or surplus of income.

2. in the event that a mismatch occurs by revenue shortfall a year, the amount shall not exceed 2 per cent of the estimated revenue of the system for that year.

In addition, the debt accumulated by imbalances of previous years may not exceed 5 per cent of the estimated revenue of the system for that year.

Tolls, in your case, or charges that apply will be reviewed at least on a total equivalent to the amount that the above limits are exceeded.

3. the part of the imbalance that, without exceeding these limits, is not compensated by rise in tolls and charges will be financed by the subjects of the settlement system in proportion to the remuneration that corresponds to them by the activity carried out.

Also, if monthly payments on account of the close of each year appear temporary deviations between revenues and costs, such deviations will be supported by the subjects of the settlement system in proportion to the remuneration that corresponds to them in each monthly payment.

These effects are considered subjects of the system of payments to those who receive their pay settlement charged to different headings of costs of the system, both directly and through distributors or system operator.

These subjects will be entitled to recover the contributions by imbalance arising from the liquidation of closing, payments for the next five years to the period in which the temporary mismatch occurred. The amounts provided by this concept will be returned to recognizing an interest rate under conditions equivalent to those of the market to be fixed in the order provided for in article 16.

4. the surplus of income resulting from the liquidation of the electrical system in each fiscal year will be considered income payable system of the current financial year. Whenever there gaps of previous years these revenues will be allocated to the reduction of the pending refund amounts corresponding to the same.

5. in any case, while costs of electrical items reflect payments corresponding to debts from previous years, the charges not may be reviewed downwards.

Article 20. Accounting and reporting.

1. institutions that develop any or some of the activities referred to in article 1(2) of this law will carry its accounting in accordance with provisions Royal Legislative Decree 1/2010 of 2 July, which approves the revised text of the companies act of Capital, even though they had no such character.

The Government will regulate the adjustments that were necessary for the assumption that the holder of the activity is not a corporation.

In any case, companies must be at its headquarters to the public a copy of its annual accounts.

2. without prejudice to the application of general accounting standards to companies that carry out activities referred to in article 1(2) of this law or societies that exercise control over them, the Government may establish for the same specialties accounting and publication of accounts deemed to be appropriate, so that assets are reflected with sharpness liabilities, income and expenses of the electrical activities and transactions carried out between companies of the same group.

Among the specialties of accounting to set up by the Government for companies that carry out electrical activities shall be granted special attention to the inclusion in the accounts of information concerning business activities with impact on the environment, with the aim of progressively integrate the criteria of preservation of the environment in the processes of economic decision of the companies.


In the case of societies that have as their object of activities with regulated remuneration, in accordance with the provisions of this law, will be their accounting separate accounts that differ between the assets, liabilities, revenues and costs attributable strictly to each of these activities, in order to avoid discrimination, subsidies between different activities and distortions of competition.

Marketers reference shall keep in its internal accounting separate accounts of the cited provision of reference of other activities activity.

Societies that develop electrical activities different from those laid down in article 8(2) shall keep separate accounts of the activity of production, marketing, other non-electrical undertaking in the Spanish territory and all those others who make overseas.

Producers with regulated remuneration or specific economic arrangements shall keep in its internal accounting accounts separate electrical activities and those that are not, as well as production to free market, regulated remuneration or specific arrangements.

Red electric of Spain, S.A.U. shall bear separate accounts of the activity of transport, the operation of the Mainland system, and operation of the system in not peninsular systems.

The market operator shall have separate accounts of the activity of operation of the market and other activities of accessory form.

3 entities must explain in the notes on the accounts the services provided and the costs passed on by other entities of the Group and related parties as well as the criteria used by the Group of companies in the distribution of costs with respect to the other companies of the group to carry out various electrical activities. In addition, let in the notes on the accounts on the criteria for assignment and allocation of the assets, liabilities, income and expenses between each one of the activities for which are required to carry separate accounting, as well as depreciation rules applied and useful lives of the assets.

The criteria must be explicit and concrete, in such a way that there is a clear correspondence between these criteria and the values obtained in the separate activities accounting.

These criteria must be maintained and remain unchanged, except for exceptional circumstances. Modifications and its justification shall be explained in the annual report for the corresponding financial year.

It will also be included in the notes on the accounts, information about transactions with companies in the same corporate group in the conditions established by law.

Also will include a balance sheet and profit losses or separate activities, segregating the assets, liabilities, expenses and income of each of the activities that the company perform, for which required keeping separate accounts, as well as, in aggregate form, for the rest of activities that may be accessory.

4. the companies shall be provided to the Ministry of industry, energy and tourism and the National Commission of markets and competition information requested them their separate accounts for activities and within these, in your case, separated by technology or specific facilities, as well as transactions with companies in the same corporate group and other related parties.

Furthermore, companies must provide information requested them, in particular in relation to its financial statements, which must be verified through external audits to the company that will be in accordance with the provisions of the Royal Legislative Decree 1/2011, from 1 July, which approves the text consolidated the accounts audit law.

When these entities are part of the same corporate group, information obligation shall also extend to society that exercises control of which performs electrical activities provided that act in some energy sector and to those of other companies of the group which carried out operations with which carries out activities in the electrical system.

They may properly derogate from the obligation to audit the accounts for small or medium-sized businesses.

5 you must include information in the annual accounts for business actions that materialize in saving projects, efficiency energy and reduction of environmental impact for which there is the deduction for investments referred to in this law.

6. in addition to the provisions of the preceding paragraphs, subjects who carry out any activities with remuneration regulated according to the provisions of this law and its implementing rules, shall be provided to the Ministry of industry, energy and tourism and the National Commission of markets and competition, information concerning the conditions that determined the granting of these benefits as well as information concerning the costs that may be necessary for the proper establishment and revision of the same. Margins added by intra-group transactions must be transparent, explicit and quantified in the information that they report.

7. the subjects defined in article 6 shall be required to communicate information that affects the formation of prices in the Iberian electricity market organized markets.

8 contracts that hold the General Administration of the State or its agencies or public bodies for the control, analysis, consulting or audit activity in the electricity sector is set to a regime of incompatibilities for awarding companies as well as for the companies of the group to which these belong, during the execution of the above mentioned contract and a maximum during the three years following its extinction (, in direct or indirect contractual relationships with companies that perform: to) the same activity related to the object of the contract awarded.

(b) other activities in the electricity sector with compensation regulated in which could be relevant information on salary matters which had access at the time of the contract.

Also shall be established that the above-mentioned awarded companies will be responsible for the quality of the work done during the execution of the contract and during the three years after the conclusion of the same, without prejudice to the provisions of the revised text of the Public Sector Contracts Act approved by Royal Legislative Decree 3/2011, from 14 November.

However the above, in a reasoned way may exceptions made or limited the former incompatibilities in the referred contracts.

In any case, the awarded companies, as well as the remaining companies of the same group to which they belong, may participate in any litigation that is pending against the General Administration of the State, its agencies or public bodies in the service of the remaining parties, always such litigation pertaining to the same activity that had been the subject of recruitment. It is safe its eventual intervention on the proposal of the own representation of the General Administration of the State, its agencies or its public bodies.

For these purposes, it shall be deemed that there is a group of companies when if any of the cases set out in article 42 of the code of Commerce.

9. societies carrying out regulated activities may not provide guarantees or guarantee loans of other companies of the group or related parties performing liberalised activities or other activities beyond the electricity sector.

Title IV article 21 electric energy production. Activities of production of electrical energy.

1. the start-up operation, modification, temporary closure, transmission and decommissioning of each electricity installation shall be subject, prior to the authorization regime established in article 53 and its implementing regulations.

2 electric energy production facilities must be registered in the administrative register of facilities for production of electric power of the Ministry of industry, energy and tourism, where the conditions of the installation and, in particular, their respective power will be reflected.

The autonomous communities with the skills can create and manage the corresponding territorial records in which all facilities located within the territorial scope of those must be registered.

According to the rules, prior report of the autonomous communities, is established the Organization, as well as the procedure of registration and communication of data to the administrative registration of electric power production facilities.

3. the administrative registration of electric power production facilities will be necessary in order to participate in the market of electric energy production in any of the forms of contract with physical delivery and to participate, where appropriate, technical and economic systems of the non-peninsular territories office. The autonomous communities have access to the information contained in this record.

4. holders of authorisations shall be obliged to maintain the production referred to in the same capacity and provide management the information they will be given of how much data affect the conditions that determined its granting.


Failure to comply with the conditions and requirements laid down in the authorizations or the substantial variation of the budgets that determined its granting may lead to its revocation.

For this purpose, the system operator may issue instructions in the terms established by law.

5 will be part of the installation of production infrastructures of evacuation, including the connection with the network of transportation or distribution, and in your case, the transformation of electrical energy.

Article 22. Hydraulic exploitation necessary for the production of electrical energy.

1 when setting up units of electricity production requires authorization or administrative concession in accordance with the provisions of Royal Decree 1/2001, of 20 July, which approves the revised text of the Water Act, it shall apply provisions of the cited standard.

2, both in the hydraulic field such as energy, wherever competent State, the granting of the authorization of production units and of the concession for the use of waters to those used can be processed by a simplified procedure to be established by law and by virtue of which there is a single record and resolution in which the permission of the production units and the granting of the use of the waters than those will pick up they have to use. In processing will be with the participation of the various ministerial departments or, where appropriate, competent agencies, in the form determined by law, without prejudice to the powers of each Department.

In regards to hydroelectric exploitation, authorization shall conform to the provisions of article 53.

3. in the procedure of granting concessions and authorizations for the use of water for energy production power or necessary for the operation of non-hydraulic production units called by individuals will be mandatory prior report of the competent public administration in the energy field who should authorize, pursuant to this law, the above production units.

Authorizations and concessions for the uses referred to in the preceding paragraph may not be granted when the report issued by the competent public administration to authorize the production units is unfavourable.

Article 23. System of offers on the daily market of electric energy production.

1. producers of electric power be made bids in sale of energy, the market operator, by each one of the units of production which are holders, well physical or portfolio, when they have not played host to sets of bilateral contracts or term which, by its nature, be excluded from the system of offers, except in those installations for which had been authorized a closing time according to the applicable regulations.

Electric power production units will be required to make bids on the market operator for each programming period, in the terms established by law, except in the cases referred to in article 25.

Marketers of reference will be required to make bids for acquisition of electricity operator of the market in each programming period by the part of the energy necessary for the supply of customers not covered by other contracts with physical delivery systems.

2. Likewise, be established by regulation, the least that offers the market operator, the horizon of the same, the programming period and the regime of operation must be carried out.

3. the order of entry into operation of power generation units will be determined from one whose offer has been the cheapest up to match the demand for energy in this programming period, without prejudice to the possible technical constraints that may exist in the networks of transport and distribution, or in the system.

Article 24. Demand and hiring of the produced energy.

1. the recruitment of electricity may be freely, in the terms provided for in this law and its implementing regulations.

2. the acquisition of electric energy offers showing subjects the market operator, once accepted, is shall constitute in a firm's supply commitment system.

Subjects and conditions that shall be cited acquisition offers and the appropriate cases the request for assurances of payment market operator are determined according to the rules. The procedures necessary to incorporate the demand in the mechanism of offers can also be adjusted.

The acquisition offers made through the market operator shall express the time period for which prompted the supply, and the acceptance of the settlement carried out.

The contract means improved and formalized at the time of the appeal, and executed when the electrical power supply has occurred.

3. the market operator will take care of establishing the necessary mechanisms for bilateral transactions or term payment is guaranteed.

4. regulations, different modes of recruitment will be regulated. In particular will be regulated the existence of long-term power purchase agreements, financial agreements having as underlying power, as well as bilateral contracts made directly between consumers and producers, between producers and marketers and marketers together. All of these contracts will be exempted system of offers.

Bilateral contracts with physical delivery concluded between subjects who participate in the production of electrical energy market will include at least the price of acquisition of the energy and the time period of the supply. According to the rules will determine which elements of these contracts must be placed on knowledge of operator of the system and the National Commission of markets and competition.

5. by law, shall be governed the creation, organization and functioning of organized markets relating to hiring term electric power, whose management shall be responsible for corporate managers, as well as the subjects of the electricity sector may participate in these markets, conditions that can do this, and the information that the companies managers need to communicate to the market operator and the system operator , for the purposes of ensuring the proper functioning of the electrical system.

Article 25. Exceptions to the system of offers.

1. the Government shall establish procedures, compatible with the market of free competition in production, to get the performance of those units of production of electricity using combustion of primary energy sources native, up to a limit of 15% of the total amount of primary energy necessary to produce the electricity demanded by the domestic market considered in annual periods, adopting the necessary measures to avoid the alteration of the market price.

2. the production of electric power systems of the non-peninsular territories may be excluded from the system of offers, as these systems are not effectively integrated with the Mainland system.

It shall be deemed that the electrical systems of the non-peninsular territories are effectively integrated with the Mainland system when connectivity with the peninsula is such that it will allow its incorporation into the mainland market and there are market mechanisms that allow to integrate their energy. Such integration shall be effected when thus it by order of the Minister of industry, energy and tourism.

3 will be excluded from the system of offers intra-Community or international trade which, as laid down in article 11(4), may be performed by the system operator, as well as those operations of selling power to other systems to be determined by regulation.

4. in accordance with the provisions of articles 24.4 and 24.5, regulations may be contractual modalities which, by its nature, shall be excluded from the system of offers.

5. those production units which, in application of provisions of this article, are not forced to make offers, can receive compensation for sale of energy equivalent to the marginal price for each programming period as established in article 14, without prejudice to the specialties of the remuneration regime that them were applicable in accordance with the provisions of this law.

However, all production units referred to in this article shall be notified to the operator in the market, in terms that regulations be established, production scheduled for each programming period.

6. in the cases referred to in paragraph 2 of article 7, the Government may take measures that may involve, directly or indirectly, an alteration of the system of offers.

Article 26. Rights and obligations of producers of electricity.

1 rights of producers of electric energy will be:


(a) use in their production units of those primary energy sources they consider most appropriate to respecting, in any case, yields, technical characteristics and conditions of environmental protection contained in the authorization of such installation, without prejudice to the limitations to fuel change and the terms and conditions that may be established by law for those stations with regulated remuneration.

(b) contract sale or acquisition of electric energy in the terms provided for in the law and its development provisions.

(c) dispatch their power through the system operator on the terms established by law.

(d) have access to transmission and distribution networks, in the terms established by law.

(e) receive the remuneration that corresponds to them in accordance with the terms provided for in this Act.

(f) receive the compensation that could qualify for the costs which it had incurred in case of alterations in the functioning of the system, in the cases referred to in article 7.2.

2 electricity from installations using sources of renewable energy and, after them, that of high-efficiency cogeneration facilities, will have priority for release for equal economic footing in the market, without prejudice to the requirements relating to the maintenance of the reliability and safety of the system, in terms to be determined by regulation by the Government.

Without prejudice to the security of supply and the efficient development of the system, the producers of electricity from renewable energy sources and high-efficiency cogeneration shall have priority access and connection to the network, in the terms to be determined by regulation, on the basis of objective, transparent and non-discriminatory criteria.

3 shall be obligations of producers of electricity: to) the development of all the activities necessary to produce electricity under the terms provided in your authorization and, in particular, in regards to safety, availability and maintenance of the installed power and the fulfilment of the environmental qualifications, without prejudice to the provisions for installations for which a temporary closure would have been authorized.

(b) adopt and implement safety standards, regulations and technical homologation or certification of facilities and instruments that establish the competent administration.

(c) facilitate public administration and the National Commission of markets and competition information on production, consumption and sale of energy and other aspects that are established by law.

(d) the submission of tenders for sale of electricity to the market operator, in the terms laid down in article 23, with the exception of article 25.

(e) connect and evacuate their energy through the network of transportation or distribution according to the conditions that may be established the system operator, in its case, the Manager of the distribution network, for reasons of security and other regulations established.

(f) be equipped with measuring equipment enabling to determine, for each programming period, the energy produced in the terms established by law.

(g) adhere to the conditions of operation of the system of offers, especially in what refers to the procedure of liquidation and payment of energy.

(h) the measures which, in accordance with article 7 of this law, be taken by the Government.

(i) hire and pay the toll that appropriate, either directly or through his representative, the company distributor or carrier to which is connected by the power to their networks.

(j) any other obligation which may result from the application of this law and its implementing regulations.

Article 27. Registration of specific remuneration arrangements.

1 to the granting and appropriate follow-up of the specific compensation granted to production from renewable energy sources, cogeneration and waste facilities, will be, in the Ministry of industry, energy and tourism, the registration of specific remuneration regime, which will include the compensation parameters applicable to such facilities.

2. to be eligible for the perception of corresponding specific compensation arrangements, production of electricity or renovations of existing facilities must be registered in the register of specific remuneration arrangements. Installations that are not registered in the register shall exclusively, receive the market price.

Title V economic and technical management of the electrical system article 28. Economic and technical management.

To ensure the correct functioning of the electrical system within the framework established by this law, respectively, corresponds to the market operator and the operator of the system assume functions necessary to carry out the economic management referred to the effective development of the electricity market and the guarantee of the technical management of the electrical system, in accordance with the provisions of this title.

Article 29. The market operator.

1. the market operator shall assume the management of the system of offers of purchase and sale of electric energy on the daily market of electrical energy in the terms established by law.

The market operator shall exercise their duties respecting the principles of transparency, objectivity and independence.

It will act as market operator for a company whose shareholders any natural or legal person may be part provided that the sum of their direct or indirect participation in the capital of this company does not exceed 5 per cent. In addition, the sum of interests, direct or indirect, of the subjects that carry out activities in the electricity sector must not exceed 40 per cent, and can not organize these actions to no effect.

In the event of any natural or legal person put manifest to the mercantile society that acts as operator of the market their willingness to participate in the capital of this company, the request will rise to the General meeting of shareholders together with the certification of the applicant for or not activities in the electricity sector.

The General Board shall accept the request by a number maximum of participation equivalent to the average of shares existing in the section which shall correspond to the petitioner, being made effective through one or several of the following: to) the will of sale by the society or by any of its shareholders of the corresponding actions manifested in the General meeting.

(b) the expansion of capital of the company through the issue of new shares provided that you observe the limit of 40 percent which can be subscribed by subjects that carry out activities in the electricity sector.

When applicants participation in the capital of the market operator's activities in the electricity sector, in order to respect the percentage mentioned, be it may agree to a higher than necessary capital increase, provided that occurs at the General meeting the will of subscription of these actions by any of the shareholders who do not exercise power activities.

In any case, the right of pre-emption of shareholders on shares that are issued to respond to new requests of participation is excluded.

2 will be the market operator functions as follows: to) to receive the offers issued for each programming period by different subjects who participate in the daily electricity market, for each of the periods of programming.

(b) receive offers of acquisition of energy.

(c) receive the subjects involved in electric power markets necessary information to its contracted energy are taken into account for the appeal and practice of settlements which is responsible of the market operator.

(d) receive the guarantees which, in his case, proceed. The management of these guarantees can be done directly or through authorised third parties.

(e) make the Cassation of the offers of sale and acquisition on the basis of the cheapest offer to match demand in each programming period.

(f) communicate to the holders of units of production, as well as marketers, consumer direct and the operators of the electrical system in the field of the Iberian electricity market and, where appropriate, of the European market, the results of Cassation of bids.

(g) determine the different energy prices resulting from the Cassation in the daily market of electricity for each programming period and communication to all stakeholders.

(h) pay and communicate the receipts and payments to be carried out under the energy prices resulting from the Cassation and those other costs to be determined by regulation.

(i) notify the system operator the sale and purchase of electric energy, offers made by different subjects who participate in the markets of electricity within its competence, for each of the periods of programming.

(j) report publicly on the evolution of the market with the periodicity to be determined.

(k) the Ministry of industry, energy and tourism and the National Commission of markets and competition send any information requested them by them for the exercise of their functions.


(l) carry out any other functions according to the rules assigned to it.

(m) make available to third parties information to be determined.

(n) communicate to the competent authority any behaviour of the agents of the market which may lead to an alteration of the correct operation of the same.

3. for this purpose, the market operator will have direct access to the administrative record of production facilities of power referred to in article 21.3, the administrative registry of consumption referred to in article 9.3, as well as the administrative register of distributors referred to in article 39.4, as well as records that for those same purposes may be created in the autonomous communities and cities of Ceuta and Melilla , and coordinate their actions with the system operator.

4. against the actions taken by the operator on the market in the exercise of their functions may bring conflict to the National Commission of markets and competition, who shall issue a decision within the period of three months after the receipt of the corresponding application. Requests for resolution of these conflicts should present to the cited authority within a maximum period of one month from the knowledge by the applicant of the fact that motivates your request for conflict resolution.

Article 30. Operator of the system.

1. the system operator shall have main function guarantee the continuity and security of the electricity supply and the proper coordination of the system of production and transport. Perform its functions in coordination with the operators and subjects of the Iberian market of the electric power under the principles of transparency, objectivity, independence and economic efficiency. The system attendant will be the Manager of the transport network.

The system operator referred to in the preceding paragraph shall take the form of commercial company and his corporate law regime shall be subject to the following conditions: to) any natural or legal person shall have the right: 1 to exercise control, either directly or indirectly, on a company carrying out any of the functions of generation or marketing, and simultaneously exert control , directly or indirectly or exercise any right in the operator of the system, or 2nd to exercise control, either directly or indirectly, on the electric system operator or Manager of electricity or natural gas transportation network and simultaneously exercise control, either directly or indirectly or exercise any right on a company carrying out any of the functions of generation or marketing.

(b) any natural or legal person shall be entitled to appoint members of the Board of Directors of the electricity or natural gas transport network manager or the system operator if, directly or indirectly, control or exercises rights in an undertaking performing any of the generation or marketing activities.

(c) any natural or legal person is entitled to be a member of the Board of Directors, simultaneously by the system operator and an undertaking performing any of the generation or marketing activities.

(((d) the rights indicated in paragraphs a) and b) above, shall include, in particular: 1 the power to exercise voting rights in relation to the organs of administration or Government of societies;

2nd designate members of the organ of management or bodies legally representing the undertaking, or 3rd possession of majority shareholdings as is established in article 42.1 of the commercial code.

For the purposes of paragraph 1.a) they are also included within the concept of company carrying out any of the functions of generation or marketing to those carrying out activities of production and marketing in the sector of natural gas.

2 functions of operator of the system are the following: to) approximately foresee and control the level of security of supply of electricity of the system in the short and medium term, both in the Mainland system not peninsular systems. For these purposes, it will perform a forecast maximum capacity whose temporary closure may be authorized and in your case, it will inform the needs of incorporation of power with the authorization of temporary closure for reasons of security of supply.

(b) provide for short and medium-term demand of electric power, the use of the equipment of production, in particular, the use of hydroelectric power reserves, according to the forecast of demand, electrical equipment availability, and different levels of rainfall and amount that may arise within the forecast period, both in the Mainland system not peninsular systems.

(c) receive the necessary information about maintenance plans of units of production, breakdowns or other circumstances that may lead to the exception from the obligation to submit tenders, as laid down in article 25 of this law, in order to confirm them with the procedure that regulations be established, which shall notify the operator in the market.

(d) coordinate and modify, where appropriate, maintenance of facilities of transportation plans, so to ensure their compatibility with the generation groups maintenance plans and to ensure an appropriate availability status of the network that guarantees the security of the system.

(e) establish and monitor the reliability of the system of production and transport measures, affecting any element of the electrical system as needed, as well as the plans of maneuvers for the replacement of the service in the event of a general failure in the power supply and coordinate and monitor its implementation.

(f) provide the instructions for operation of the network of transportation, for their operation in real time.

(g) run, in the scope of their functions, decisions which are taken by the Government in implementation of the provisions of paragraph 2 of article 7.

(h) determine the capacity of use of international interconnections, managing the exchange of electric energy and transit of electricity with foreign systems that are conducted using the Spanish electrical system nets, and establish programmes for the exchange of electricity with external electrical systems, in the terms laid down in article 11(4).

(i) receive from the market operator and subjects involved in bilateral contracts with physical delivery systems the information necessary to determine the programming of entry into the network and for the practice of settlements which is responsible for the system attendant.

j) receive them guarantees that, if necessary, proceed. The management of these guarantees can be done directly or through authorised third parties.

k) set the operation of the production facilities of electric power in accordance with the outcome of the appeal of the deals reported by the market operator, with the information received from the subjects involved in bilateral contracts with physical delivery systems, taking into account the exceptions that the regime of offers may arise from the application of the provisions in article 25 managing services markets of adjusting the system resulting accurate to ensure the criteria of reliability and security to be established.

The system attendant will make public the results of operation processes falling within its competence with due compliance with the criteria of confidentiality established legal or regulations.

(l) give the instructions necessary for the correct operation of the electrical system in accordance with the criteria of reliability and security to be established, and manage markets of adjusting the system services that are necessary for that purpose.

(m) to settle communicate payments and receipts related to the security of supply including services of adjustment system and the availability of production units in each programming period.

(n) settle payments and collections related to effective offsets of the units of production and consumption in each programming period.

n) collaborate with all operators and subjects of the Iberian electricity market, and where appropriate, of the European market, that are necessary for the exercise of their functions.

(o) develop other activities related to the previous ones that are suitable for the provision of the service.

(p) to collaborate with the Ministry of industry, energy and tourism and with the autonomous communities and cities of Ceuta and Melilla in the evaluation and monitoring of the annual and multiannual investment plans submitted by the holder of the transport facilities of electricity referred to in paragraph 4 of article 34.

(q) ensure through proposals in planning transportation network to meet medium and long-term transport demand of electricity at the lowest cost to the system, as well as the reliability of the same.

(r) provide all operators the sufficient information to ensure the secure and efficient operation, coordinated development and interoperability of the interconnected system.

(s) ensure non-discrimination among users or classes of users of the networks.

(t) provide users the information they need to efficiently access networks.


(u) to manage the economic and technical offices for the supply of electric energy in the electric systems isolated non-peninsular territories, settlement and communication of the receipts and payments related to these offices, as well as the reception of warranties that apply in your case. The regime of receipts, payments and guarantees will be analogous to the peninsular production market.

(v) send to the Ministry of industry, energy and tourism, the National Commission of markets and competition and to the autonomous communities and cities of Ceuta and Melilla any information requested them by them for the exercise of their functions in the form and time limits to be determined.

(w) to apply charges and tolls of access that, pursuant to regulations, apply. Also, must report to the Ministry of industry, energy and tourism information to be determined on charges and tolls for access.

(x) the responsibility of the system of measures of the national electricity system, and must ensure its smooth operation and proper management and exercising the functions of Manager of border points reading according to the rules established.

and) collect and manage information on the quality of service in the transport network, informing administrations and agencies as provided by regulation.

(z) to interested third parties provide information to be determined.

AA) communicate to the competent authority any behaviour of the agents that may lead to an alteration of processes and markets of operation managed by the system operator.

AB) to inform the competent public authorities and the subjects who could be affected if any, situations of fraud and other anomalous situations.

AC) perform any other functions according to the rules assigned to it.

3. against the actions of the system operator disputes may be submitted to the body responsible for the resolution thereof, who shall issue a decision within the period of three months from the receipt of the request. Requests for resolution of these conflicts should present to the cited authority within a maximum period of one month from the knowledge by the applicant of the fact that motivates your request for conflict resolution.

Article 31. Designation and certification of the Manager of the transport network.

1. the company acting as an operator of the system will be authorized and transport manager designated by the Minister of industry, energy and tourism, at the request of the interested. Prior to this appointment, it must be certified by the National Commission of markets and competition in relation to the fulfilment of the requirements laid down in article 30.1, according to the procedure laid down in this article.

The National Commission of markets and competition control society designated as Manager of the transport network is maintained in compliance with the requirements established in article 30.1 using established certification procedure. These certifications carried out in relation to the maintenance of the requirements may lead to a new designation and authorization of the Manager of the transport network.

The designations of the transport manager shall be notified to the European Commission for the purpose of its publication in the "Official Journal of the European Union'.

2. the National Commission of markets and competition will start a certification procedure after the application or notification of the undertaking concerned, following a reasoned request from the Ministry of industry, energy and tourism and the European Commission, or on its own initiative in cases in which are aware of possible transactions that can give or have given rise to the breach of the requirements laid down concerning the separation of activities.

For this purpose, society certified as transport manager shall communicate to the National Commission of markets and competition any circumstances that might affect the fulfilment of the requirements laid down in article 30.1.

3. the National Commission of markets and competition, after hearing and reasoned way, adopt an interim resolution on the certification within a maximum period of four months from filing of the application or notification. Within this period without express resolution is issued shall be deemed granted provisional certification.

4. in all cases the National Commission of markets and competition must report to the European Commission its interim resolution in relation to the certification of the undertaking in question accompanied by the relevant documentation relating to it, in order that it give the corresponding opinion prior to the adoption of the final resolution. Also it shall send a copy of the record to the Ministry of industry, energy and tourism.

Of not giving an opinion the European Commission within the period provided for the purpose in Community legislation, it shall be deemed that it does not objections to the interim resolution of the National Commission of markets and competition.

5. in the period of two months from the reception of the opinion issued by the European Commission, or exhausted the time limits laid down for this purpose in Community law, the National Commission of markets and competition will be addressed with finality on the certification, pursuant to the decision of the European Commission. The resolution, together with the opinion of the European Commission, to be published in the «Official Gazette» and the «official journal of the European Union'. Certification will not take effect until their publication.

6. the national markets and the competition Commission and the European Commission may ask operators of transportation and the companies that carry out any activities of generation or marketing any information useful for the fulfilment of the functions set forth in this article. Without limiting the foregoing, they will maintain the confidentiality of commercially sensitive information.

Article 32. Certification in relation to countries not belonging to the European Union.

1. the National Commission of markets and competition shall notify the European Commission of any circumstance giving rise to the Manager of the transportation network is under the control of one or more persons from one or more third countries. These effects, Transport Manager shall notify the National Commission of markets and competition any circumstances giving rise to this fact occurs.

2. the National Commission of markets and competition will begin the process of certification in accordance with the procedure and time limits laid down in article 31. It be denied certification if not shown: a) the entity concerned complies with the requirements of article 30, and b) the granting of certification not jeopardizing the national supply and security of the European Union, taking into account the rights and obligations of Spain and the European Union with regard to that third country , and other data and circumstances specific to the case and the third country concerned.

In the notice of the motion for a resolution on the European Commission, the National Commission of markets and competition will request a specific opinion on whether the entity in question meets the requirements of separation of activities, and whether the granting of certification would not be endangered the security of supply in the European Union.

3. once summaries the procedure for an opinion by the European Commission according to the procedure and time limits in the Community rule of application, the National Commission of markets and competition shall decide on certification, taking into account the opinion of the Commission.

When the final decision to deviate from the opinion of the European Commission, the same motivation will be made public.

Article 33. Access and connection.

1 a the effects of this law means: to) right of access: use of the network in law or by regulation certain conditions.

(b) right of connection to a network location: right of a subject to electrically coupled to a particular point in the network of existing or planned transportation or distribution existing or included in investment plans approved by the General Administration of the State in certain conditions.

(c) access permission: one who is granted for the use of the network that connects the installation.

(d) permit connection to a point of the network: that which is granted to connect a facility producing electricity or consumption to a specific point of the transport network or in your case distribution.

2. the granting of an access permit shall be based on the fulfillment of the technical criteria of safety, regularity and quality of supply and sustainability and economic efficiency of the electrical system according to the rules established by the Government. The application of these criteria will determine the existence or not of accessibility. In the evaluation of accessibility should be considered in addition to the own knot that connects the installation, all knots with influence on the knot to connect installation, taking into account existing consumption and electricity production facilities and the already committed in these knots.


The access permission will be granted by the Manager of the transport network when the point of connection to the network is in the transport network or by the Manager of the distribution network when the network connection point in the distribution network. This permit will detail the specific conditions of use of the network according to the contents of the aforementioned regulation.

In any case, the access permission may only be denied by the lack of access. This refusal should be reasoned and must be based on the criteria listed in the first subparagraph of this paragraph.

The right of access may be temporarily restricted. This restriction shall be reasoned and shall be based on the criteria of the regulations indicated in paragraph first of this section, without prejudice to the provisions of article 7.

3. the National Commission of markets and competition will solve at the request of any of the parties involved possible conflicts that could arise in relation to the access permission to the transport and distribution networks, as well as denials of it issued by the Manager of the transport network and the distribution network manager.

The deadline for the resolution and notification of this procedure shall be two months, which may be extended by two additional months if additional information is required to request, or if the applicant thus expressed it. Applications of these conflict resolution shall be presented to the National Commission of markets and competition within a maximum period of one month from the knowledge by the applicant of the fact that motivates your request for conflict resolution.

4 permission to connection to a point in the network will define the technical, economic, security conditions and start-up of the facilities which need to be build, expand and reform in the transport and distribution network for the connection. The criteria for the determination of these conditions shall be according to the rules established by the Government.

Connection permission will be granted by the company carrier or distributor holder network in which is the point to which connection permission is requested.

For the granting of a permit of connection at a point the owner of the network must have adequate physical space to locate the necessary facilities.

In any case, connection permit may only be denied by technical impossibility, for reasons of personal safety, there is no network connection point is where requested and not be contemplated in the existing transport network planning or installation in distributors business investment plans approved by the General Administration of the State , or by lack of physical space appropriate to locate the necessary facilities. This refusal should be reasoned and shall be based on criteria that are designated in the regulations referred to in the first subparagraph of this paragraph 4.

5. any discrepancies that may arise in relation to the granting or denial of permission to access the facilities of transport or distribution of competence of the General Administration of the State will be resolved by the National Commission of markets and competition.

Any discrepancies that may arise in relation to the granting or denying permit connection to networks whose authorization is of regional competition will be resolved by the competent body of the corresponding Autonomous Community, prior report of the National Commission of markets and competition. This report shall be binding with regard to economic conditions and temporary conditions relating to the schedule of implementation of the facilities of the owners of networks included in the planning of the transport network and distribution business investment plans approved by the General Administration of the State.

Discrepancies will be resolved individually for each of the specific cases, in accordance with the criteria referred to in paragraph 4.

Requests for resolution of these conflicts should occur before the corresponding competent authority within a maximum period of one month from the knowledge by the applicant of the fact that motivates your request for conflict resolution.

6. in any case other mechanisms other than those provided may establish by the responsible subject in paragraphs 2 and 4 of this article to the granting of access and connection permissions or prioritization in granting them.

In addition, public administrations may not deny or restrict the granting of permissions for access and connection to the networks of transport and distribution, except as provided for the Government in paragraphs 2 and 4 of this article.

7. by Royal Decree of the Council of Ministers the objective criteria for the inclusion of limits to the capacity of connection shall be established by knots in order to ensure the security of supply.

8 access and connection permissions will expire five years from its production facilities that had not obtained certificate for putting into service within that period. In the same way will expire such permits for installations that are already built and in service, cease in the discharge of energy into the grid for a period longer than three years for reasons attributable to the owner than the temporary closure.

9. the managers of the transport and distribution networks will make public access capabilities for each knot of its network in the terms established by law.

10. the Government, within a maximum period of one year, according to the rules establish the criteria under which a subject may ask the owners and managers of networks the modification of the conditions of permissions and access, including its connection points. Also, this standard will establish technical criteria of safety, regularity and quality of supply and sustainability and economic efficiency of the electrical system to holders and managers of networks should be used for the granting of such modifications.

Title VI article 34 electric power transmission. Electric power transmission network.

1. the electric power transmission network consists of the primary transport network and secondary transport network.

The primary transport network consists of lines, parks, transformers and other electrical elements with nominal voltage equal to or greater than 380 kV and those other international interconnection facilities and, where appropriate, the interconnections with the power systems of the non-peninsular territories.

The secondary transport network consists of lines, parks, transformers and other electrical elements with nominal value equal to or above 220 kV not included in the preceding paragraph and other installations of nominal voltage below 220 kV, complying transport functions.

In the electrical systems of the non-peninsular territories all those facilities of tension will have consideration of secondary transport network equal or higher than 66 kV as well as interconnections between islands which are not considered primary transportation for their level of stress.

Also will be considered constituent elements of the transport network all assets of communications, protections, control, auxiliary services, land, buildings and other auxiliaries, electrical elements or not, necessary for the proper operation of specific previously defined transport network facilities.

In any case transformers generation groups, will form part of the transport network connecting elements of those groups to transport networks, facilities of consumers for its exclusive use, or direct lines.

2. in any case electrical network of Spain, S.A., it will act as a single carrier developing activity in regime of exclusivity in the terms established in this law.

Despite the above, for the best management of the distribution network, is enabled to the Ministry of industry, energy and tourism to authorize Express e individually, after consulting the National Commission of markets and competition and the autonomous community where the installation, that certain facilities of secondary transport, due to their characteristics and functions they are owned by the distributor in the area to be determined. In these cases, distributors must assume the only carrier obligations relating to construction, operation and maintenance of such transport facilities.

To this end, the Government will establish exclusively technical criteria that must govern such exceptions.

3. be established how many technical rules are called for to ensure the reliability of the supply of electric power and the transport network and the facilities it connected. These standards shall comply with general acceptance criteria and shall be objective and non-discriminatory.

4. the holder of the transport network of electric power, before 1 may of each year, shall submit its annual and multiannual investment plans to the approval of the Ministry of industry, energy and tourism. The procedure for approval of these plans will be according to the rules established by the Government and will include the prior hearing of the autonomous communities and cities of Ceuta and Melilla interested. The carrier must run, in the terms established, content of investment plans that are approved by the General Administration of the State.


In the annual investment plan could include, as a minimum, data from the projects, their main technical specifications, budget and schedule, all of this, according to the identification of plants collected in the planning of the transport network.

5. without prejudice to the requirements laid down in the general law of telecommunications, transport networks may be used for electronic communications services, provided that respect for the principle of legal separation of activities, ensuring the safety of the transport of electric power system in any case.

Article 35. Approval of transportation of electric power facilities.

1. the start-up operation, modification, transmission and transportation of electric power facilities decommissioning shall be subject, prior to the authorization regime established in article 53 and its development provisions.

2. in the case of transport facilities whose authorization must be granted by the autonomous communities or by the cities of Ceuta and Melilla, they will request report prior to the General Administration of the State, whereby this shall indicate the possible conditions of the projected installation to the development plans of the network, the building management of the system and the economic regime regulated in this law that the authorising body shall take into account in the granting of the authorization.

If after a period of three months, the General Administration of the State had not issued report means that it has been formulated in unfavourable sense.

For the recognition of the reward of new transportation facilities, it will be required that have been included in the planning that referred to in article 4 of this law and that, where appropriate, they have favorable report referenced in this paragraph.

Article 36. Rights and obligations of the carrier.

1. the carrier shall be responsible for the development and expansion of the transport network set out in this article, in such a way to ensure the maintenance and improvement of a network configured under homogeneous and coherent criteria.

2. the carrier shall take the form of commercial company and his corporate law regime shall be subject to the conditions laid down in paragraph 1 of article 30 to the system operator.

3 functions of the carrier are as follows: to) run transport facilities maintenance plans.

(b) carry out the instructions of the system operator for the replacement of the service in the event of a general failure in the power supply.

(c) comply at all times the instructions of the system operator for the operation of the transport network, including international interconnections, for their operation in real time.

(d) execute in the scope of their functions, decisions which are taken by the competent public administration in implementation of the provisions of paragraph 2 of article 7.

(e) collaborate with the Ministry of industry, energy and tourism in the evaluation and follow-up of the plans of annual and multi-annual investments referred to in paragraph 4 of article 34.

(f) ensure the development and expansion of the transport network running the network planning of transport approved, in such a way to ensure the maintenance and improvement of a network configured under consistent homogeneous criteria and minimum cost.

(g) ensuring non-discrimination between users or categories of users of the transport network, providing users the information they need to efficiently connect to the network.

(h) to contribute to the system attendant information necessary for the performance of their duties.

(i) to grant permission to access the transportation network.

(j) perform their activities in the authorized manner and in accordance with the applicable provisions, paying shuttle service of regular and continuous manner with quality levels to be determined by regulation by the Government and maintaining facilities in adequate conditions of conservation and technical suitability.

(k) to facilitate the use of its facilities for the transit of energy, and the use of its transport networks by all authorized individuals, under non-discriminatory conditions, in accordance with the technical standards of transport.

((l) maneuver and keep the facilities of your property in accordance with the instructions and guidelines referred to in paragraph l) of article 30.2.

(m) provide the information required by the General Administration of the State for the establishment of the remuneration, as well as any information requested in time and manner necessary to allow adequate monitoring and control of its activities by regulators.

(n) to perform any other functions according to the rules assigned to it.

4. the carrier shall comply with instructions given by the operator of the system in the scope of their functions at all times.

5 the carrier shall have the following rights: to) the recognition by the administration of a remuneration right for the exercise of their activity within the electrical system on the terms set out in the title III of this law.

(b) require that facilities connected to transport networks meet the technical conditions to be determined by State regulations.

Article 37. Access to transport networks.

1. the transport facilities may be used by authorized individuals, in accordance with the provisions of article 6. The price for the use of transport networks will be determined in accordance with the provisions of article 16.

2. the system operator as the Manager of the transportation network must grant permission for access to the transport network in accordance with the criteria set out in article 33.

Title VII article 38 electricity distribution. Regulation of the distribution.

1. the activity of electricity distribution is one that aims the transmission of electric power from transport networks, or in your case from other distribution networks or the generation connected to own distribution network, to points of consumption or other distribution networks under the appropriate conditions of quality with the ultimate goal of supply it to consumers.

Distributors will be managers of distribution networks operating. In those autonomous communities where there is more than one manager of the distribution network, the autonomous community, in the field of its competences, will be functions of coordination of the activity to develop different managers.

2 shall be regarded as distribution facilities all lines, parks and elements of transformation and other electrical elements of lower voltage to 220 kV, except those which, in accordance with the provisions of article 34, are considered to be integrated into the transport network.

Also will be considered constituent elements of the distribution network all assets of the network of communications, protection, control, auxiliary services, land, buildings and other auxiliaries, electrical elements or not, necessary for the proper functioning of the distribution networks, including the control centres in all parts and elements affecting distribution facilities.

Not transformers generation groups, will be part of the distribution networks connecting elements of such groups to distribution networks, facilities of consumers for its exclusive use, or direct lines.

3. the distribution of electricity shall be governed by the provisions of this law and subject management according to the necessary coordination of their operation and the normative standard required.

4. the management of the distribution purpose shall be to establish and implement common principles that will ensure its proper relationship with the remaining electricity activities, determining the conditions of transit of electric power by such networks, establish sufficient equality between those who make activity throughout the territory and the setting of common comparable conditions for all users of energy.

Such management consist of the establishment of the basic regulation, general criteria in the design of networks, in anticipation of the operation and coordinated development of distribution networks in the Spanish territory and in power by the same traffic conditions.

5 regulation of electric power distribution criteria shall be established according to electrical areas with common and properties related to the configuration of the transport and network with the production units. In order that these criteria are homogeneous throughout the Spanish territory and there is proper coordination in the development of activities of distribution, these will be set by the Ministry of industry, energy and tourism, report from affected regions or cities of Ceuta and Melilla.

6. the distributors of electricity shall be registered in the administrative register of distributors referred to in article 39.4.


7. without prejudice to the requirements laid down in the general law of telecommunications, dealers may use their networks to provide electronic communications services, guaranteeing the security of the electricity distribution system in any case. In this case, will be his accounting also separate accounts that strictly differentiate between revenues and costs attributable to these services.

8. by law the Government, after hearing of the autonomous communities and cities of Ceuta and Melilla, shall regulate the conditions and procedures for the establishment of electrical connections and the coupling of new users to the distribution networks.

9. against the activities of the distribution system operator may submit administrative complaints to the body responsible for the resolution thereof, who shall issue a decision within the period of three months following the receipt of the claim. Requests for resolution of these conflicts should present to the cited authority within a maximum period of one month from the knowledge by the applicant of the fact that motivates your request for conflict resolution.

Article 39. Authorization of distribution facilities.

1. the start-up operation, modification, transmission and electricity distribution facilities decommissioning shall be subject, prior to the authorization regime established in article 53 and its development provisions.

2. the authorization, which does not grant exclusive rights of use, will be awarded according to the character of the unique network and monopoly natural, typical of the electrical distribution system, both the criterion of minimum cost for the whole of the own of all activity with regulated pay system, and avoiding damage to the owners of already established networks required to meet the new supplies that are required.

3. all installations destined to more than one consumer will be considered distribution network and must be provided to the distributor of the zone, which will be responsible for the safety and quality of the supply. That infrastructure will be open to the use of third parties.

When there are several dealers in the area to which the facilities built by a developer could be ceded, the competent public administration on the authorization of these networks will determine which of these distributors must be ceded, prior to their execution, according to criteria of minimum cost for the whole of the system and those established by regulation the General Administration of the State. That infrastructure will be open to the use of third parties.

When there is a new area to electrify several distributors who wish to carry out the development of it, the competent public administration under the criterion of unique network and those who regulations establish the General Administration of the State, and whereas the character of natural monopoly of activity and with the aim of generating lower cost of compensation for the whole of the system determined prior to the execution of the installations which of the distribution companies must undertake the development.

4. the administrative register of dealers dependent on the Ministry of industry, energy and tourism will contain companies duly authorized distributors.

The autonomous communities with the skills can create and manage the corresponding territorial records in which all facilities located within the territorial scope of those must be registered.

Article 40. Obligations and rights of the distribution companies.

1 distributors, as holders of the distribution networks, will have the following obligations: to) carry out their activities in the authorized manner and in accordance with the provisions applicable, providing the service of distribution of a regular and continuing basis, and with quality levels to be determined by regulation by the Government, after hearing of the autonomous communities and the cities of Ceuta and Melilla keep electrical distribution networks under the appropriate conditions of conservation and technical suitability.

(b) be responsible for the construction, operation, maintenance and, where necessary, the development of its network of distribution and, where applicable, its interconnections with other systems, and ensure that your network has the capacity to assume, in the long run, a reasonable demand of electricity according to the criteria established by the General Administration of the State , after hearing of the autonomous communities and cities of Ceuta and Melilla.

(c) analyse requests for connection to the distribution networks that manage and refuse, or in his case, condition, connection to them according to the criteria established by regulation after hearing of the autonomous communities and cities of Ceuta and Melilla. For these purposes, should pay attention all requests on equal terms.

(d) provide the information required by the General Administration of the State for the establishment of the remuneration, as well as any information requested in time and manner necessary to allow adequate monitoring and control of its activities by regulators.

((e) proceed with the expansion of distribution facilities as necessary to meet new demands of power supply under the terms established by law, without prejudice to the lessor of the application of the system according to the rules established for the electrical connections and obligations assigned to the developer in accordance with article 16(1). c) of the revised land law text approved by Royal Legislative Decree 2/2008 of 20 June.

f) communicate to the Ministry of industry, energy and tourism installation authorisations which granted them other administrations, as well as the relevant modifications of its activity, for the purpose of recognition of their costs in the determination of the tariff and the fixing of its remuneration regime.

(g) establish and implement plans for maintenance of the facilities of its distribution network.

(h) submit, before 1 may of each year, their investment plans annual or multiannual to the Ministry of industry, energy and tourism and the respective autonomous communities or cities of Ceuta and Melilla. Annual investment plans shall contain as a minimum data of projects, their main technical specifications, budget and schedule. Also, the Distributor must run in the terms established, content of investment plans that are finally approved by the General Administration of the State. The procedure of approval of these plans, together with the maximum amounts of investments with a right to remuneration in charge of the system, is according to the rules established by the Government, after hearing of the autonomous communities and cities of Ceuta and Melilla. This procedure must consider partial approval of plans of investment in communities and autonomous cities for which said plan having favourable report established in the following paragraph.

In any case, for approval of the plans presented by the distribution companies, these must be accompanied by favourable report of the autonomous communities and cities of Ceuta and Melilla with regard to the facilities provided for in its territory whose authorization is within its competence.

The character of annual obligation to the presentation of investment plans for approval by the General Administration of the State may be modified by regulation to establish a period longer than one year for companies with less than 100,000 clients connected to their networks.

(i) perform other functions arising from this Act and its implementing regulations.

2 dealers as managers of the distribution network in which to operate, will have the following functions in the field of networks that manage: to) coordinate the actions of manoeuvre and maintenance is carried out in the field of networks that manage with managers of adjacent distribution networks.

(b) make provisions by the system operator and Manager of transportation schemes of manoeuvre for the replacement of service, in the case of General faults in the supply of electric power, controlling its execution and being able to do so affect any element of distribution networks to manage.

(c) analyse requests for access to the distribution networks that manage and grant, deny, or in his case, conditional access to them according to the criteria established by regulation. For these purposes, should pay attention all requests on equal terms.

(d) put in knowledge of the competent authorities, and eventually affected subjects, any manipulation or alteration of the State of the measuring equipment.

(e) inform the Ministry of industry, energy and tourism and the competent public administration information determined on toll access, charges and prices, as well as any information related to the activity to develop within the electricity sector.

(f) carry out the measuring and reading of the energy that circulates in its border in the form determined by law.

(g) facilitate the consumption data to subjects in the terms established by law.


(h) apply and raise prices and charges in accordance with what is statutorily determined subjects.

(i) employ the tolls for access to transmission and distribution networks with consumers, directly or through the trader and, where appropriate, producers connected to their networks.

(j) apply, check and charge tolls for access to transport networks and distribution to marketers or consumers, as appropriate and where necessary, producers connected to their networks performing the breakdown in the billing to the user in the form that statutorily is determined.

(k) to implement demand management programs approved by the administration.

(l) implement adequate measures for the protection of the consumer in accordance with regulations.

(m) maintain updated its database of points of supply, and provide the information in accordance with what is determined according to the rules.

(n) book the confidential nature of the information that has knowledge in the performance of its activity, when its disclosure may arise problems of commercial nature, without prejudice to the obligation of information to public authorities.

(o) provide to the Manager of the transport network and managers of adjacent distribution networks sufficient information to ensure the secure and efficient operation, coordinated development and interoperability of the interconnected system.

(p) comply with the requirements and obligations established by law for actions that correspond to them in relation to the changes of supplier and, in particular, meet the deadlines and receive information to be determined relative to these changes of supplier.

(q) requiring guarantees to subjects who contracted access to their distribution networks in the terms established by law.

(r) to determine, in the exercise of the function of the distribution system operator, the criteria for the operation and maintenance of networks ensuring the safety, reliability and efficiency of the same, according to the environmental regulations applicable to them.

(s) to inform the competent public authorities and the subjects that could be affected if any, situations of fraud and other anomalous situations.

(t) to perform other functions arising from this Act and its implementing regulations.

By law, after hearing the autonomous communities and cities of Ceuta and Melilla, shall be governed the conditions and procedures for the establishment of electrical connections and the coupling of new users to the distribution networks.

3 will be rights of the distribution companies: to) the recognition by the Administration and the perception of compensation appropriate for the exercise of their activity within the electrical system in the terms established in the title III of this law.

(b) require that facilities and receiving devices for users who connect to their networks together the technical and construction conditions to be determined by the State and international regulations as les application, as well as the proper use of the same and the fulfilment of the conditions laid down to allow the supply without deterioration or degradation of its quality for other users.

(c) require obligors to, with measurement and control equipment set out in the applicable regulations.

(d) access to the information they require for the performance of its functions.

Article 41. Access to distribution networks.

1 distribution facilities may be used by subjects authorised in accordance with article 8. The price for the use of networks of distribution shall be determined according to the provisions of article 16.

2. the Manager of the distribution network should be granted access permission to the distribution network according to the criteria laid down in article 33.

Article 42. Direct lines.

1 they shall be regarded as direct lines those that relate to the direct link of an installation of production of electrical energy with a consumer under the conditions established by law. In any case the holder of the production installation and the consumer must be the same company or belong to the same corporate group, defined as set out in article 42 of the code of Commerce.

2. the start-up operation, modification, transmission and decommissioning of direct lines shall be subject, prior to the authorization regime established in article 53 and its development provisions.

3. the construction of direct lines is excluded from the application of provisions that in terms of expropriation and easements are established in Title IX, subject to the general law. Also, use is excluded from the remuneration regime that for transport and distribution activities is established in the present law.

4. direct lines may only be used by the titular subjects of the administrative authorization, not being able to grant access to third parties.

The opening to third parties for the use of the network will require their sale, transfer or contribution to the carrier or the distributor of the area in a way that such a network is integrated in the network of transportation or distribution, respectively.

Title VIII electrical power supply chapter I supply to users and management of electricity demand article 43. Supply.

1. the supply of electricity is defined as power delivery through the networks of transport and distribution by economic consideration in the conditions of regularity and quality that are enforceable.

2. consumers to be determined eligible to hire the electrical power supply to the voluntary prices for the small consumer or last resort tariff established according to article 17.

3. regulations shall be established, by competent public authorities measures of protection to the consumer who must be collected in contractual terms and conditions for contracts for the supply of marketers with consumers that due to its characteristics of consumption or supply conditions require specific contractual treatment.

Also, regulations will be established procurement mechanisms and conditions of invoicing of supplies, including the procedures for change of supplier, which will take place within a maximum period of 21 days, and resolution of claims. For this purpose, the establishment of single points of contact shall be considered according to the provisions of the additional provision octave of law 3/2013, June 4, creation of the National Commission of markets and competition to provide consumers with all the necessary information concerning their rights, current legislation and procedures of dispute settlement available to them in the event of litigation.

4. without prejudice to the competences that correspond to the autonomous communities and cities of Ceuta and Melilla and the establishment by the providers of their own systems for claims which comply with the provisions of the recommendation 2001/310/EC of the Commission of 4 April 2001 on the principles applicable to out-of-court bodies of consensual resolution of consumer disputes the possibility of attending the arbitration system of consumption for the resolution of such claims shall be provided by law.

5. for the course that are not subject to institutions of alternative resolution of consumer disputes or that they are not competent for the resolution of the conflict, end users who are individuals may submit the dispute to the Ministry of industry, energy and tourism, when such disputes relating to their specific rights as end users including all those provided for in this law, and without prejudice to the powers of the other public administrations. Disputes that are regulated by legislation other than the specific protection of end-users of electricity may not be subject to the above procedure.

The procedure, to be approved by order of the Minister of industry, energy and tourism, should be transparent, simple and free. Resolution issued may order the return of improperly invoiced amounts and, in general, dispose measures tend to restore to the interested in their rights and legitimate interests, including the possibility of refund and compensation for the costs and damages that had been generated.

The subjects of the electricity sector will be required to undergo the procedure, as well as to comply with the resolution putting an end. In any case, the procedure adopted will establish the maximum period in which express resolution, must be notified after which you can understand rejected the claim by administrative silence, notwithstanding that the Administration is obligated to resolve the claim expressly, in accordance with article 43 of law 30/1992 26 November, legal regime of public administrations and common administrative procedure. The decision rendered may contest before the contentious.

The provisions of this section shall apply to all modes of supply provided for in this law for end-users who are natural persons.


6. the National Commission of markets and competition will monitor the effectiveness and application of measures of protection to consumers and may issue legally binding resolutions aimed at the fulfillment of the same.

Article 44. Rights and obligations of consumers in relation to the provision.

1 consumers will have the following rights, and that implementing regulations shall determine, in relation to the provision: a) to access and connection to the networks of transport and distribution of electrical energy in the Spanish territory, under the conditions established by regulation by the Government.

Consumers may not be directly connected to a producer subject except through a hotline and in cases established by law for the implementation of the modalities of supply with consumption.

(b) make purchases of electric power in the terms provided for in the applicable regulations.

(c) choose your supplier, and can hire the delivery with: 1 the corresponding marketing companies. In this case, hire power and access through the marketer. Regardless of the chosen mode of representation, the marketer will be responsible, in any case, compliance with the obligations laid down in paragraph d) of article 46.1 of this law.

When the consumer has contracted toll access through the marketer in accordance with the provisions of the preceding paragraph, the distributor shall not in any case require payment of toll access directly consumer.

Consumers referred to in article 43.2 shall have the right, moreover, to hire price volunteer for small consumer or the rate of last resort, as appropriate, with reference to the price companies that by order of the Minister of industry, energy and tourism is determined.

2. other subjects of the market. These direct consumers in market get the energy production market and the corresponding contract of access to networks directly with the Distributor to which its facilities are connected or the distributor in the area in case of being connected to the transport network.

(d) to formalize a contract of access with the company distributor or a contract with the supplier of electricity supply, as applicable, in which you specify: 1 the identity and address of the company;

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

3rd the terms under which you may review the conditions laid down in the contract;

(4th the procedure of conflict resolution in accordance with the provisions of articles 43.5 and 46.1. p);

5 the updated information on prices and tariffs and, where appropriate, official provision where the same; focus

6 the level of enforceable minimum quality in the terms established and the impact on billing that, where appropriate, apply;

7th the time for the initial connection;

8 complete and transparent information about trade, including bids expresses the duration of promotional discounts and terms or prices on which they apply;

9th information relating to other services provided, including, where appropriate, added value and services maintenance proposed, mentioning explicitly the cost of these additional services and their mandatory or not.

Conditions shall be fair and transparent, and must conform with provisions of the existing legislation on contracts with consumers. They will explain in clear and understandable language and will not include non-contractual barriers to the exercise of the rights of the clients. Be protected against unfair or misleading selling methods customer.

The conditions will be announced in advance. In any case, they must be communicated prior to the conclusion or confirmation of the contract. When contracts are concluded through intermediaries, the above information shall also communicate before the conclusion of the contract.

(e) be duly warned in a transparent and understandable of any intention to modify the conditions of the contract and informed of his right to rescind the contract free of charge when you receive the notice. Also be notified directly by your airtime on any revision of prices for the conditions laid down in the contract in the time in which it occurs, and not later than a billing period once it has entered into force that review, in a transparent and comprehensible.

(f) be able to freely choose the method of payment, so that there is no undue discrimination among consumers. Prospective payment systems adequately reflect the conditions of supply and consumption likely.

(g) be served on non-discriminatory conditions on applications for new power supplies and the expansion of existing ones.

(h) receive the service with the levels of safety, regularity and quality to be determined by regulation.

(i) be supplied at prices easily and clearly comparable, transparent and non-discriminatory.

(j) receive transparent information on prices and conditions applicable to access and supply of electric power.

For this purpose, you will receive invoices with the breakdown to be determined by regulation.

(k) make the supplier free of charge and within the deadlines set by law and legal.

(l) have procedures to process their claims as provided in this law and other applicable customer service regulations.

(m) have at their disposal their consumption data, and be able to, by explicit agreement free, give access to data subjects that correspond, and in particular to the distributors that are maintained in compliance with the requirements and obligations, according to the terms and conditions to be determined by regulation, unless they can bill the consumer costs for this service.

(n) be informed of the actual consumption of electricity and the costs according to what is properly established, without additional cost. For this purpose, shall take into account the characteristics of the measuring equipment to ensure proper billing and costs of implementing this measure.

(n) receive the liquidation of the account after any change of electricity supplier, within the period of 42 days from the date that the change of supplier.

(o) have a free hotline service provided by the Distributor that its facilities, operating 24 hours a day, which can refer to possible security incidents at facilities are connected. This number must be clearly identified in the invoices and all case will be facilitated by the marketer or, where appropriate, by distributor to the consumer.

2. regulations shall be established limits to the implementation of the rights set forth in the preceding paragraph, among others, in the case of consumers who are in default.

3 consumers will have the following obligations, as well as implementing regulations shall determine, in relation to the provision: to) ensure that facilities and equipment meet the technical and safety requirements in the current regulations, guaranteeing the access to them in the terms to be determined.

(b) hire and pay for the supplies, according to the conditions laid down in the regulations.

(c) allow the authorised by the company distributor entry into premises or housing that affect the service engaged in business hours or normal relationship with the exterior, make own dealer actions.

Article 45. Vulnerable consumers.

1 will be considered as vulnerable consumers consumers of electricity which meet the social characteristics of consumption and purchasing that they will determine power. In any case, it is limited to individuals in their residence.

The definition of vulnerable consumers and the requirements that must be met, as well as measures for this group, shall be determined by regulation by the Government.

2. the social bonus will apply to vulnerable consumers who comply with the social characteristics of consumption and purchasing power that by Royal Decree of the Council of Ministers are determined. For this purpose, will establish a threshold referred to an indicator of household per capita income. In any case, it is limited to individuals in their residence.

3. the social bond will cover the difference between the value of the voluntary price for small consumer and a base value, which is referred to as last resort tariff and will be applied by the marketer corresponding reference in the invoices of consumers who may be under the same.

The Minister of industry, energy and tourism, prior agreement of the delegate Commission of the Government for Economic Affairs, shall fix the rate of last resort.


4. the social bonus will be considered a public service obligation pursuant to Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal electricity market and why repealing Directive 2003/54/EC and will be taken over by matrices of the groups of companies or , if any, societies that develop at the same time the activities of production, distribution and marketing of electric power.

The percentage of the quantities to be financed shall be calculated, for each business group such as the relationship between a term which will be the sum of the annual average of the number of supplies that are connected to the distribution networks of the distribution companies and the number of customers of the marketing companies that participate the group, and another term that will correspond to the sum of all the annual supplies mean values and of all the business groups that it should be considered for the purposes of this distribution.

This percentage of distribution will be calculated annually by the National Commission of markets and competition, in accordance with the procedure and conditions established by law. For this purpose, the referred Commission shall publish on its website, in the month of November of each year information on previous mobile year relative to the average annual number of supplies connected to the networks of distribution of the distribution companies and the number of customers of the marketing companies, as well as the relationship of groups of companies or , if any, societies which meet the requirement laid down in the first subparagraph of this paragraph.

The aforementioned Commission shall before 1 December each year a proposal for fixing of the percentages of funding that correspond to each of the parent companies, corresponding to the Minister of industry, energy and tourism approval by order to be published in the «Official Gazette».

In any case, the contributions that must perform each of these societies shall be deposited in a specific account for warehousing created for this purpose by the liquidator body, which shall be responsible for its management.

Article 46. Obligations and rights of the companies in relation to the supply.

1 shall be obligations of the marketing companies, as well as are determined by law, in relation to the provision: to) communicate the onset and cessation of its activity as distributors of electrical energy and the end of it, accompanied by the responsible declaration regarding compliance with the requirements established by law for the exercise thereof, to the Ministry of industry Energy and tourism.

When the activity will be to develop exclusively in the territory of one autonomous community, shall communicate to the competent body for energy of the corresponding autonomous community who, within a maximum period of one month, will give transfer to the Ministry of industry, energy and tourism, accompanied by the responsible statement and the documentation submitted by the interested party.

(b) be kept in compliance with the requirements of legal, technical and economic capacity to be determined in relation to the supply of electric power.

(c) acquire the necessary energy for the development of its activities, making their acquisition.

(d) hire and pay the toll for access to the networks of transport and distribution corresponds to the distribution company from billing information, regardless of its collection of the final consumer, as well as pay the prices and charges in accordance with what by law is determined, regardless of your payment of the final consumer.

(e) provide the guarantees established by law.

(f) meet its payment obligations against the electrical system within the time limits established, as well as apply and raise consumer prices and charges in accordance with what is determined by law.

(g) formalizing supply contracts with consumers according to the normative in force resulting from application. Also, perform billings to consumers according to the terms of the contracts which had been formalized in the terms established in the regulations of development of this law, and with the breakdown to be determined.

(h) implement demand management programs approved by the administration.

(i) to ensure a rational use of energy.

(j) take appropriate measures in accordance with consumer protection regulations.

(k) to preserve the confidential nature of the information that has knowledge in the performance of its activity, when its disclosure may arise problems of commercial nature, without prejudice to the obligation of information to public authorities.

(l) have at the disposal of the Ministry of industry, energy and tourism, of the autonomous cities of Ceuta and Melilla in the scope of its competence, the National Commission of markets and competition and the European Commission, for the purposes of the fulfilment of their respective, for at least five years committed, data on all transactions in electricity supply contracts and electricity-related derivatives subscribed with customers wholesalers and operators of transport, according to what is determined by law.

The provisions of this paragraph will not create additional obligations with respect to the Ministry of industry, energy and tourism, the National Commission of markets and competition and the European Commission, for entities falling within the scope of the law 24/1988, of 28 July, the stock market.

Where the bodies referred to in the first paragraph of this subsection need access to data kept by entities falling within the scope of the law 24/1988, of 28 July, the stock market, the National Commission of the stock market shall be provided with the necessary data.

(m) inform their customers about the origin of the power supply, as well as the environmental impacts of different sources of energy and the proportion used between them.

(n) to inform their customers about their rights with respect to avenues of dispute settlement available to them in the event of litigation. For this purpose the marketing companies must offer consumers the possibility to solve their conflicts through an entity of alternative dispute resolution in terms of consumption, that meets the requirements of Directive 2013/11/EU of the European Parliament and of the Council, of 21 may 2013 and the national provisions of transposition. Such entities shall be accredited as such by the competent authority.

(o) for the supply to consumers must have a service of attention to their complaints, claims and incidents in relation to the Service contracted, or offered, as well as requests for information on aspects relating to the procurement and supply or communication, by providing a postal address and a telephone number, a telephone service, both free , and a fax number or an e-mail address to which they can go straight. This system of electronic communication, shall issue automatically an acknowledgement of receipt indicating the date, time and number of application, so that is evidence of the date and time that the application has had input. Providers shall notify their legal address if this does not coincide with their usual address for correspondence.

Service consumers that establish the marketing companies must suit, in any case, minimum quality parameters established in legislation governing the defence of consumers and users.

The marketer can not divert calls to the toll-free number mentioned numbers that imply a cost for consumers, either by telephone, by text messages or other similar to the attention of complaints, claims and incidents in relation to the Service contracted, or offered, as well as requests for information on aspects relating to the procurement and supply or communication. The service to the consumer in any case will provide additional income to the company at the expense of the consumer.

The marketing companies, along with the shared pricing numbers that advertise companies so that consumers and users ask for information in General about the services offered or advertised, must be advertise geographic telephone numbers to provide the same information in all media of commercial information to handle, these numbers must appear on the same site that shared pricing numbers, and in the same size and font.

(p) meet the deadlines established by law for actions that correspond to them in relation to the changes of supplier.

2 the marketing companies, in addition to what is determined by regulation, will have right to: to) access to networks of transport and distribution in the form determined by regulation by the Government.

(b) Act as subjects of market in the electricity production market.

(c) hire purchase and sale of electricity in the terms laid down in the law and its development provisions.

(d) Bill and collect the performed supply.


(e) require that users measuring equipment eligible technical and safety regulations determined, as well as the proper use of them.

(f) requesting, on behalf of their consumers, equipment supplies measure and if verification, claim the amounts that apply.

3. direct consumers in market will have obligations and rights covered in paragraphs 1 and 2 above for marketers, that applicable.

4. the National Committee on markets and competition will publish on its website a list containing marketers which, according to this article, have communicated to the Ministry of industry, energy and tourism and, where appropriate, to the competent administration, the beginning of its activity and that they have not communicated the cessation thereof.

Article 47. Breaches of the marketing companies.

1. the competent public administration, as well as the National Commission of markets and competition, may require the marketing companies accreditation for compliance with the obligations laid down in article 46.

2. in the event that a retailer fails to comply with any of the requirements for the exercise of its activity, the Ministry of industry, energy and tourism may, after a procedure in which to ensure the hearing of the interested party, declare the extinction of empowerment to act as marketer, in terms that are developed according to the rules.

In these cases, the Minister of industry, energy and tourism can determine, prior procedure of hearing and in a reasoned way, objective and transparent, the transfer of customers of the marketer said to a marketer's reference, and the conditions of supply of such clients.

3. within the framework of the above-mentioned procedure, and in the circumstances which, in each case, there are may be adopted interim measures that may be necessary to ensure the effectiveness of the resolution which could fall, particularly when the persistence during the procedure in the exercise of the activity of commercialization, or certain aspects of it You can put at risk the fulfilment of financial obligations on which rests the electrical system or cause harm to consumers. These measures may include those necessary to prevent the transfer of customers provided to a marketer of the corporate group to which belongs the company that is the subject of disqualification or to companies linked to it.

4 non-compliance by a trader of any of the obligations that are enforceable in the exercise of its activity shall be punished in accordance with the provisions of title X of this law. The Commission of a serious offence may take about the extinction of the habilitation to act as marketer.

Article 48. Energy recharging services.

1. the energy refill service will have main function delivery of power through services of vehicle charging storage batteries in conditions that allow the load efficiently and at minimum cost for the user and for the electrical system.

2 recharge energy services will be provided by the corresponding companies that must be submitted to the Ministry of industry, energy and tourism, prior to the beginning of its activity, communication of engagement in activity accompanied by responsible Declaration on compliance with the requirements to be determined by regulation.

When activity is going to develop exclusively in the territory of one autonomous community, the applicant should be addressed communication from start of activity to the competent authority on energy of the corresponding Autonomous Community, who, within a maximum period of one month, will transfer to the Ministry of industry, energy and tourism, accompanied by the responsible statement and the documentation submitted by the interested party.

(3 loads prompt managers according to the definition in article 6.h), shall have the obligations and the rights regulated by this law in article 44. Besides those determined by law, rights of managers of charges in connection with the resale of electricity will be the collected paragraphs in the article 46.2 to), b), c) and (d)).

Besides which are determined by law, shall be obligations of the managers of charges in connection with the resale of electricity the collected in article 46.1 paragraphs c), d), e), f), h), i), j), k) and m).

Article 49. Demand-side management.

1. electric companies, consumers and the operator of the system, in coordination with other actors, can make and implement measures to promote an improvement of the management of electricity demand and contribute to the load curve optimization and/or energy efficiency and saving.

Consumers, either directly or through brokers, may participate, where appropriate, the services included in the market according to what is determined according to the rules.

2. without prejudice to the foregoing, the Administration may take measures that encourage the improvement of the service to the users and the efficiency and saving energy, directly or through economic agents whose object is the savings and the introduction of greater efficiency in end-use of electricity.

These measures will include the interruptibility service managed by the system operator.

The fulfilment of the objectives laid down in these measures may give rise to the recognition of costs incurred for its implementation, which may be regarded as cost of the system. For the purposes of such recognition measures must be approved by the Ministry of industry, energy and tourism, report of the National Commission of markets and competition and of the autonomous communities in their territory.

These measures will include the interruptibility service managed by the system operator.

Article 50. Energy saving and efficiency plans.

1 the General State administration and the autonomous communities and cities of Ceuta and Melilla, in the scope of their respective territorial competence, may, through savings and energy efficiency, establish norms and basic principles to promote actions aimed at the attainment of the following goals: to) optimize the processes of transformation of energy yields inherent to production systems and consumption.

(b) analyze and monitor the development of projects of creation of industrial plants of high consumption of energy, according to criteria of energy return at the national level.

(c) improve performance or replace the fuel type in companies or sectors with high energy consumption, according to national interests.

(d) improving the energy efficiency of the medium and large businesses from all sectors.

(e) renew the energy systems of the Park's residential and commercial buildings, to increase electric energy conservation and improving energy efficiency in the heating, air conditioning, ventilation, lighting, elevators, and others that use electric power.

2 when such plans of energy saving and efficiency established actions encouraged with public funds, cited public administrations may require natural persons or legal participants presentation of an energy audit of the results.

Chapter II article 51 power supply quality. Quality of the electricity supply.

1. the quality of the power supply is the set of technical characteristics and care and relationship with consumers and, where appropriate, producers, due to the electricity supply companies that carry out activities aimed at the power supply.

As regards the technical characteristics, the quality of the power supply refers to continuity, the number and duration of outages, as well as the quality of the product.

With regard to the characteristics of care and relationship with consumers and, where appropriate, producers, refers to the relative to the set of actions of information, advice, studies of access, connection, measure, Contracting, billing, communication and claim.

By Royal Decree of the Council of Ministers will be established individual and collective indicators and target values for these indicators.

2. the electric power supply must be effected by companies with characteristics and continuity that by regulation by the Government be determined for the Spanish territory, taking into account the differentiation by area refers to which the following paragraph.

Electric power companies have the technical capacity to ensure the quality of service required by regulation by the General Administration of the State.

Electric utilities and, in particular, the distributors will promote the incorporation of advanced technologies in measurement and control of the quality of the power supply.

3. the General Administration of the State shall establish lines of action in the field of quality of service, aimed at the achievement of the quality objectives, in areas which, by their demographic characteristics and type of consumption, may be deemed to be suitable for the determination of differentiated targets both final consumption.


The General Administration of the State shall determine objective indices of quality of service, as well as values that these indices can oscillate, to meet both at the level of individual user, and each geographical area served by a sole distributor. These indexes must take into consideration the continuity of supply, on the number and duration of outages and the quality of the product relative to the characteristics of the voltage. Electric utilities will be required to provide management with information, conveniently audited, necessary for the objective determination of the quality of the service. Data of the above-mentioned indexes will be made public on an annual basis. The remuneration methodology of distribution prepared by the General Administration of the State activity will incorporate incentives and penalties based on the quality of service obtained.

4. If the low quality of the distribution of an area is continuous, or could produce serious consequences for the users, or more special circumstances that may endanger the safety in electric service, the General Administration of the State shall require the investment plans submitted by these companies actions which promote the improvement of the quality of service in such areas.

5. by law the Government will establish the procedure to determine reductions that can be applied at the check payable by users has found that the quality of the individual service provided by the company is less than the statutorily required.

Article 52. Suspension of the provision.

1. the supply of electricity to consumers may be suspended when stating this possibility in the contract of supply or access that may never invoke problems of technical or economic order that hinder it, in conditions that are established by law.

2. also may be suspended temporarily when it is essential for the maintenance, repair installations or improve service or for reasons of security of supply. In all these cases, the suspension will require prior administrative authorization and communication to users in the form determined by law.

Shall be excluded from this authorization system operator actions aimed to ensure the security of supply. In any case, these actions must be supported later in the form determined by law.

3. under conditions to be determined by regulation may suspend the supply of electricity to consumers covered by volunteer rates for small consumers or rates of last resort when at least two months have elapsed since the payment, would have been required them reliably unless it was made effective. For these purposes, the requirement shall be by any means that allows record the receipt by the person concerned or his representative, as well as date, identity and the content of the same.

In the case of public administrations benefiting from voluntary rates for small consumers or rates of last resort, if within four months after the first request, payment not had become effective, the supply may be interrupted.

4 may be considered essential supplies those supplies that meet any of the following criteria: to) public lighting in charge of public administrations. Does not include luminaires ornamental squares, monuments, fountains or any other building or site of interest.

(b) supply of water for human consumption through network.

(c) barracks and institutions directly related to national defence, security bodies and forces, firefighters, civil protection and the municipal police, except for buildings dedicated to housing, commissary and personal recreational areas.

(d) prison, but not its annexes dedicated not inmates, as well as offices of courts and tribunals.

(e) transport of public service and its equipment and facilities devoted directly to the safety of land, sea or air traffic.

(f) health centres in which there are operating theatres, halls of cures and dockable power devices to patients.

(g) hospitals.

(h) funeral services.

(i) those domestic supplies where there is documentary evidence formalized by medical staff that the electric power supply is essential for the supply of a medical team that is essential to keep alive a person. In any case these supplies shall confine natural persons in their residence.

The supply of electric energy to those facilities whose services have been declared as essential pursuant to this Act may be suspended in any case.

The distribution companies or distributors may apply surcharges or affect the payments received from those of their clients who have supplies linked to services declared as essential in non-performing loans situation, to the payment of the invoices corresponding to such services, regardless of the assignment the client, public or private, had attributed to these payments.

5. Once done the payment amount owed by the consumer that has supplies been suspended, this will spare you in within 24 hours.

6. the distribution companies may proceed to disconnection of certain facilities immediately in the case of direct couplings, in situations involving risk to people or things, and in the cases determined by regulation.

Title IX authorizations, expropriation and servitudes article 53. Licensing of transport, distribution, production and direct lines.

1 for the commissioning of new facilities of transport, distribution, production and direct lines referred to in this law or modification of existing ones will be required the following administrative authorizations: a) prior administrative authorization, which will be dealt with the first draft of the installation as a technical document and, where appropriate, jointly with the environmental impact assessment, as provided for in the revised text of the law on evaluation of environmental impact of projects approved by Royal Legislative Decree 1/2008, and the authorized company shall grant the right to perform a specific installation conditions.

The administrative authorisation of generation facilities may not be granted if the owner has not previously obtained permissions of access and connection to appropriate transport or distribution networks.

(b) administrative authorisation for construction, which entitles the holder to carry out the construction of the installation meeting the technical requirements.

To apply, the holder shall submit a project together with a responsible declaration stating compliance with the regulations that may apply.

Conditioned exclusively those public administrations, agencies or companies that provide public services or technicians of general economic interest, only in relation to goods and their property rights are affected by the installation must be tested to its resolution.

The processing and resolution of authorizations defined in paragraphs a) and b) of paragraph 1 of this article may be carried out in a consecutive, coetaneous or joint manner.

(c) authorization of exploitation, that allows, once executed the project, switch on the premises and proceed to their exploitation.

The rush may require administrative authorizations provided for in this paragraph in the terms established by law for public administrations in the field of their respective competencies.

(2. the competent public administration may establish that certain types of non-substantial modifications of transport facilities, production, distribution and direct lines are not subject to prior administrative authorization provided for in paragraph 1.a) and (b)).

According to the rules will be established, to these effects, what criteria will be used to consider a particular modification as non-substantial, which must be based on the technical characteristics of the proposed modification.

In any case, considered non-substantial modifications must obtain the authorization of exploitation referred to in paragraph 1. (c) prior accreditation of compliance with the conditions of security of the facilities and associated equipment.

3 regulations may exempt a certain production facilities of small power of the authorisation regime laid down in paragraphs 1.a) and 1.b) of this article.

4 for the authorization of facilities of transportation, distribution, production and direct lines of electric energy from the same promoter will have to prove sufficiently the following ends: to) the safety of facilities and associated equipment and technical conditions.

(b) the proper fulfilment of the conditions of protection of the environment.

(c) the characteristics of the installation site.

(d) its legal, technical and financial capacity to carry out the project.


5. the transmission and decommissioning of facilities of transportation, distribution, production and direct lines, as well as the temporary closure of production facilities require prior administrative authorisation in the terms established in this law and its development provisions. The owner of the installation shall be obliged to proceed with the dismantling of the same after decommissioning, except that the administrative authorisation of decommissioning permits otherwise.

In any case, the decommissioning of facilities will require report of the system operator in which shall be entered the possible conditions of the closure to security of supply and which should decision accordingly if this is possible without compromising the security of supply.

Authorising Administration must enact and notify the resolution on applications for authorization within the period of six months. If after this period the Administration not had acted and simultaneously have they had met at least three months from the issuance by the system operator of favourable at the end of the installation, the applicant may proceed to the end of it. This will be without prejudice to the obligations of dismantling that subsequently may be imposed by the competent administration for authorization.

6. the administrative authorisation procedures will be regulated and shall comply with the principles of objectivity, proportionality, transparency, equality and non-discrimination, without that, in any case, it may subject the granting of authorization to payment of costs or requirements not linked to the development of each activity.

The administrative authorisations referred to in this article shall be granted by the competent authority, without prejudice to the concessions and authorizations that are required in accordance with other provisions that are applicable and in particular those relating to the management of the territory and the environment.

7. the competent public administration may only refuse authorization when not met the requirements laid down in the applicable legislation, or when you have a negative impact on the functioning of the system.

8. nevertheless provided for in the third subparagraph of paragraph 5 of this article, in installations whose authorization is competence of the General Administration of the State, the deadline to enact and notify the resolution on applications for authorization shall be one year.

The expiration of the time limit without having notified express resolution will legitimize the person concerned to understand it refused by administrative silence in accordance with article 43.1 of the law 30/1992, of 26 November.

9. the facilities of production, transportation and distribution of electrical energy and hotlines, for reception by users, consumer equipment, as well as technical elements and materials for electrical installations must conform to appropriate standards of safety and quality industrial, in accordance with provisions of the law 21/1992, 16 July Industry, and other regulations resulting from application.

10. the failure to comply with the conditions and requirements laid down in the authorizations or the substantial variation of the budgets that determined its granting may lead to its revocation, after hearing the person concerned.

Article 54. Public utility.

1. are declared of public utility electrical installations of generation, transport and distribution of electricity, for the purpose of compulsory expropriation of assets and rights required for its establishment and the imposition and exercise of the servitude of passage.

2 Declaration of public utility that extends the effects of the compulsory purchase of electrical installations and their locations when for reasons of energy efficiency, technological, environmental or be timely replacement for new installations or substantial changes in them.

Article 55. Application for a declaration of public utility.

1. for the recognition of the public utility of the facilities mentioned in the previous article, it will be necessary that the undertaking in question requests it, including the implementation project of the installation and a specific and individualized relationship of goods or rights which the applicant deems necessary expropriation.

2. the request shall be submitted to public information and report of affected organisms shall be sought.

3 is finished processing, the recognition of the public utility shall be agreed by the Ministry of industry, energy and tourism, if the authorization of installation corresponds to the State, without prejudice to the competence of the Council of Ministers in the event of opposition from agencies or other public law entities, or by the competent body of the autonomous cities of Ceuta and Melilla in other cases.

Article 56. Effects of the Declaration of public utility.

1. the Declaration of public utility will be implied in any case the occupation of goods or acquisition of affected rights need and will involve urgent occupation for the purposes of article 52 of the law of December 16, 1954, of compulsory purchase.

2. equally, it will mean the right to be granted the correct authorisation, in the terms to be determined, for the establishment, passage or occupation of the electrical installation on grounds of domain, use or public or economic service of the State or the autonomous communities, or public, own or communal use of the province or municipality in the Declaration of public utility works and services of the same, and public areas.

Article 57. Easement of passage.

1. the easement of passage of electric energy will be considered legal easement, taxed goods in the manner and to the extent laid down in this law and shall be governed by the provisions therein and its development provisions in the legislation mentioned in the previous article, as well as in the special law applicable.

2. the easement of air pass includes, besides the flight over the servant property, the establishment of Poles, towers or fixed support for the bearing capacity of lead wires of power, all increased in the safety distances according to the rules established.

3. the easement of underpass includes the occupation of the ground leads, depth and other characteristics that indicate town planning legislation, all increased in the safety distances according to the rules established.

4 a and other form of servitude will understand equally the right of way access and temporary occupation of land or other goods needed for construction, surveillance, conservation and repair of relevant facilities, as well as the felling of trees, if necessary.

Article 58. Limitations on the creation of easement of passage.

You may not impose right-of-way for high voltage lines: to) on buildings, courtyards, corrales, schools, athletic fields and gardens and orchards, also closed, attached to homes that already exist at the time of enacting the easement, provided that the extension of the orchards and gardens is less than half a hectare.

(b) on any kind of particular properties, if the line can be technically installed, without variation in layout than that statutorily is determined, on grounds of domain, use or service or public property of the State, autonomous communities, provinces or municipalities, or along edges of privately owned farms.

Article 59. Civil relations.

1. the easement of passage of power does not prevent the servant property owner encircle it or build upon it leaving safe such servitude, provided that it is authorized by the competent public administration, which will take in particular consideration legislation on security.

Also the owner request change line layout, if there are no technical difficulties, running costs of variation at their expense.

2. the variation of the location, or path of a facility of transport or distribution of electricity as a result of projects or plans approved by the administration shall entail the payment of the cost of such variation by competent management on this project or plan.

Article 60. Suppletive law.

With regard to the regulation contained in articles 54 to 56 of this title shall apply supplementary provisions in the legislation on compulsory purchase and in the matters referred to in articles 57 and following will be of supplementary application as provided the provisions of the Civil Code.

Title X regime of inspections, violations and sanctions chapter I inspections article 61. Powers of inspection.

1. officials of the Ministry of industry, energy and tourism, public duly authorized by the relevant Director General, will have the status of law enforcement and may be how many inspections are necessary for the proper implementation of this law. However, you can entrust to public employees in performing tasks or ancillary activities or administrative support body for the previous.

In addition, may request, through the appropriate government authority, the necessary support of the State security forces and bodies.


2 staff enabled to do so will have the following powers of inspection: to) access to any premises, installation, land and means of transport companies, associations of companies and individuals that perform any activity provided for in this law, as well as the home of entrepreneurs, managers and other members of the staff of the companies. You can also control the elements pertaining to the services or activities that subjects or who carry out the activities referred to in this law, of the networks that install or explode and many documents are required to own or keep.

(b) verify the books, records and other documents relating to the activity in question, what ever their material support, including computer programs and files magnetic, optical or any other kind.

(c) make or obtain copies of or extracts, in any format, such books or documents.

d) retain for a maximum period of 10 days the books or documents referred to in paragraph (b)).

(e) seal all premises, books or records and other property of the company, Association of undertakings or natural persons that perform any activity provided for in this law, for the time and to the extent necessary for the inspection.

(f) request any person to play any activity provided for in this law, representative or member of staff of the undertaking or Association of companies, explanations on facts or documents relating to the object and purpose of the inspection and keep record of your answers.

The exercise of the powers described in paragraphs to) and e) will require the prior express consent of the affected or, in their absence, the corresponding judicial authorization.

3 performances by checking or research carried out by the Ministry of industry, energy and tourism in the scope of their powers can develop: to) in any office, Bureau or unit inspected entity or the person who represents them.

(b) in own premises of the Ministry of industry, energy and tourism.

When checking or research actions carried out in the places referred to in paragraph a), you will see the working hours of the same prejudice that can act jointly in other hours or days.

4. If the company, Association of undertakings or natural person objected to an inspection or there is the risk of such opposition, the competent body of the Ministry of industry, energy and tourism must request judicial authorization, when it involves restriction of fundamental rights, to the Court of the contentious-administrative. Public authorities shall provide protection and necessary assistance to staff of the Ministry of industry, energy and tourism for the exercise of inspection functions.

5. the personal inspection officer rise record of performances. Actions performed by public officials who recognized the condition of authority, and that they formed in a public document observing the relevant legal requirements, will have probative value without prejudice of evidence that in defence of the respective rights or interests can draw or bring their own managed.

6. the data and information obtained only may be used by the Ministry of industry, energy and tourism for the purposes provided for in this law.

7. the application of the penalties shall be responsible to the Ministry of industry, energy and tourism, or to the National Commission of markets and competition in accordance with the provisions of article 73 of this law.

Article 62. Inspection period.

Inspection actions are to end in the period of 12 months counted from the date of notification of your home to the person concerned. Means that performances end on the date on which the Act in that it document its conclusion and result is notified. Regulations cases of suspension of the indicated period may be determined.

Chapter II infringements and sanctions article 63. Concept and types of infringements.

1 they constitute administrative offences the actions and omissions classified under this law.

2. the administrative offences may be very serious, severe or mild.

3. only natural or legal persons responsible for the acts constituting infringement even by way of simple failure to comply resulting may be punished.

Article 64. Very serious offences.

They are very serious infringements: 1. incompatible activities infringing requirements of legal, functional separation and management, as well as non-compliance by the obligors to the criteria of separation, in accordance with the provisions in this law and its implementing regulations.

2. the breach of obligations of accounting required in accordance with this law. Means understood such infringement breach, by the obligors to, of the obligation to keep separate accounts in accordance with the provisions in article 20 and its implementing rules.

3. the irregular application of prices, charges, rates or tolls of the regulated in this law or the provisions of the same development, so that there is an alteration in the price that is greater than 15 percent and that, at the time, more than 300,000 euros.

4. the breach of the obligations resulting from the system of charges, prices, rates, rates of last resort and tolls, or collection criteria, where it involves a serious damage to the electrical system. In particular as a breach of these obligations means the lack of payment of the toll for access to the networks of transport and distribution, as well as the prices or charges in accordance with what by law is determined, by the trader in accordance with subparagraph (d)) of article 46.1 of this law. In any case means failure as a breach of those obligations or delay in the payment of the amounts to take place the procedure of settlements of articles 18 and 19 of this law and its implementing regulations, and the improper Declaration of income and costs, all this when it would undermine serious for the electrical system.

5. the lack of communication with the Ministry of industry, energy and tourism or non-compliance with the conditions or obligations, in the course of the taking of shareholdings in companies, in the terms provided in the ninth additional provision of Act 3/2013, June 4, of creation of the National Commission of markets and competition.

6. the breach of the restrictions imposed in article 34.1 of the Royal Decree-Law 6/2000 23 June, on urgent measures for intensification of competition in markets for goods and services.

7. the breach of the limitations established in terms of the participation in the shareholding of electrical network of Spain, S.A. or of the operator of the Iberian market of the Spanish Energia-polo, as well as the lack of communication defined in article 31(2)(a) of any circumstances that might affect the fulfilment of the requirements established for society certified as the Manager of the transport network.

8. the breach of legally binding resolutions or requirements given by the competent administration, including the National Commission of competition and markets, or by the system operator in the scope of their functions, when it is a relevant subject for the operation of the system.

9. the repeated breach of the information obligations under paragraph 6 of article 65.

10. the inaccuracy or falsity in any data, demonstration or document that is presented to the Administration, as well as their no-show in form and term, the object definition or perception of the remuneration regime of compensation regulated activities, always this has an impact on the cost of the system that exceeds 5 per cent of the regulated annual remuneration of the subject.

11. the resistance, obstruction, excuse or refusal to review actions that have been agreed in each case by the competent public administration, including the National Commission of markets and competition.

12. the acts or omissions involving non-compliance with the measures laid down in application of the provisions in article 7 by those who make some of the regulated activities in it.

13. the breach by the forced to do so by the regulations of the obligations to preserve and manage the access to the information that is confidential.

14. the failure to comply with the requirements laid down in the rules of application to be eligible for the perception of the remuneration scheme for activity with regulated remuneration, unless expressly had typified how serious.

15. the implementation of activities included in the scope of application of this Act or the construction, operation, modification, transmission, temporary closure or decommissioning of facilities affected to the same, without the required concessions, administrative authorization, responsible statement, communication or registration in the corresponding registry where appropriate, as well as non-compliance with the content, requirements and conditions of the same when it put at risk the security of supply or create a hazard or harm serious for persons, property or the environment.


16. the breach, by the owner of the facilities, of their obligation to keep them in adequate conditions of conservation and technical suitability, following, where appropriate, the instructions given by the competent public administration, by the system operator and by the Manager of the transport network, or by operators of distribution networks, or responsible for reading as appropriate pursuant to the applicable regulations, when said failure to put at risk the security of supply or create a danger or serious damage to persons, property or the environment.

17. the use of instruments, appliances, or elements that put at risk the security without complying with the rules and technical obligations that should meet the appliances and installations related to the activities subject to this law when they behave danger or damage serious to people, property or to the environment.

18. the failure by policy-makers of the point of measurement of the obligation to provide equipment for measurement and control and other devices which by law have been established, so to prevent or alter the correct metering and billing, or when such failure comporte danger or damage serious to people, property or the environment; as well as the denial or obstruction of access to reading charge, verifiers or bodies approved by the competent authority to carry out the reading, or verification of the equipment.

19. the breach by the bound to that of the current regulations concerning the installation of measuring equipment, hubs and other treatment of information and communication systems necessary for the proper functioning of the system of measures, as well as non-compliance with the criteria of security and privacy that are established by law.

20. the failure to comply with repeated part of the forced to do so by the regulations of the realization of processes high or modification of borders, reading and treatment measures and the exchange of information, as well as submitting the information or, in its case, making it available to recipients who are required to refer to the terms in the time and form established by law.

21. the inaccuracy or distortion of information submitted as part of the forced to do so by the regulations in force, when it derives a significant increase in the cost of the system or a significant reduction of incomes of the same.

22. the continued breach, by the forced to do so in accordance with regulations in force, its obligation to manage the verification of the measuring equipment.

23. any handling equipment of measure or facilities or the non-provision of devices necessary, aimed to alter the measurement of quantities supplied or consumed or any of the concepts that are the basis for the billing of supplied or consumed energy.

24 failure of the market operator of the functions referred to in paragraphs e)) and (f) of article 29.2, in the terms provided for in this law and its implementing regulations, when in fact this arises detrimental to the system or other subjects.

(((25 default by the system operator of the functions referred to in paragraphs k), l), r) and u) of article 30.2, in the terms provided for in this law and its implementing regulations, when in fact this arises detrimental to the system or other subjects.

26. the denial or alteration unjustified permit connection to a point of the network. Shall be considered that the refusal is unjustified when not obey as provided in this law and the implementing rules adopted by the Government.

27. the denial or alteration unjustified permit access to a network. Shall be considered that the refusal is unjustified when not obey as provided in this law and the implementing rules adopted by the Government.

28. the establishment of other mechanisms different from those provided for in article 33 to the granting of permissions and access or for prioritization in granting them.

29. the granting of permits and access permissions of connection when not available the necessary capacity in accordance with the conditions and criteria laid down by regulation by the Government.

30. the repeated breach of objective indices of quality of the service and not developing actions that promote the improvement of the quality of the service provided for in article 51.

31. the interruption or suspension of supply while mediate legal or regulations established or outside the cases referred to by regulations or legal requirements.

32. the refusal to supply electricity to new users, where there is no reasons justifying it as laid down in this law and its implementing regulations.

33. the failure by companies distributors or carriers of their obligation to make connections and connection of new supplies or expansion of the existing ones that arise in areas in which they operate, as is payable in accordance with the applicable regulations.

(34. the breach by the distribution companies of the function which assigns them the paragraph l) of article 40.2, in the terms provided for in this law and its implementing regulations, when in fact this arises a financial loss for affected individuals.

35. the non-observance by part of the distributors, marketers or managers of loads of the legal, technical and economic capacity requirements laid down in this law and its implementing regulations.

36. the not-formalization of contracts of supply and access to networks by the obligors to it according to the regulations in force.

37. the reduction, without authorization, the capacity of production or supply of electricity, including the repeated breach of availability for the production units.

38. any manipulation to alter the price of electric energy by any subject, as well as the inaccuracy or falsity of essential character, in any data, demonstration or document involving a disturbance of the market, or in his case, production office.

39. the non-submission of offers of purchase or sale, in a way repeated by obligors to it in the market.

40. any other action in the supply or consumption of electrical energy that represents a percentage change of the reality of the supplied or consumed greater than 15 percent and, at the same time, excess of 300.000 euros.

41. any action aimed at alteration or distortion of the result of the tests or inspections carried out on production facilities.

42. the breach by the agents who act as representatives of the Prohibition Act simultaneously on own account and for hire or reward.

43. with regard to consumption, breach of the obligation to register as well as the application of modalities or economic regimes not expressly referred to in this law and its implementing regulations, as well as non-compliance with any of the technical requirements of the application to the different modes of subsistence when any disturbances that can affect the quality of supply in the field of the network to which they are connected.

44. the breach of the prohibition set out in article 20.8.

45. the failure of the managers of the distribution network of the obligations in the exercise of its function, unless he expressly typified how serious.

46. the breach by dominant operators from restrictions in the legislation.

Article 65. Grave breaches.

They are serious violations: 1. failure of the obligors in accordance with provisions of this law and its implementing rules of its obligation to perform audits in cases that come demanded.

2. the irregular application of prices, charges, rates or tolls of the regulated in this law or the provisions of the same development, so that there is an alteration in the price that is higher than 10 per cent and that, at the time more than 30,000 euros. In particular, will be considered serious infringement breach by the distributor from the provisions in subparagraph (c)) of article 44.1 when these quantities are exceeded.


3. the breach of the obligations resulting from the application of the system of charges, prices, rates, rates of last resort and tolls, or collection criteria, when it does not pose a serious damage to the electrical system. The lack of payment of the toll for access to the networks of transport and distribution, as well as the prices or charges in accordance with what by law is determined, from the marketer to the distributor within the meaning of paragraph d means as a breach of those obligations in particular) of article 46.1 of this law. In any case means failure as a breach of those obligations or delay in the payment of the amounts to which it gives rise the procedure of liquidation provided for reference in articles 18 and 19 and its implementing regulations, undue costs and income statement and the statements made outside the deadline, all of this when it would not undermine serious for the electrical system.

4. the breach of legally binding resolutions or requirements given by the competent public administration, including the National Commission of markets and competition, or by the operator of the system in the scope of their functions, when not be relevant subject to the operation of the system.

5. the non-compliance with the provisions contained in the regulations of the European Union relating to the electricity sector, unless they are expressly classified as very serious.

6 violation of many obligations of information they derived from the application of current regulations or result of the prior request by the public administration, including the National Commission of markets and competition, the system operator or operator of the market, in the scope of their functions. Furthermore, shall be deemed serious infringement breach by the subjects of the system of obligations of information or communication to other subjects of the system. You will also be deemed serious infringement not submitting information in the form and term that is enforceable. All this when it had not been expressly categorized as very serious.

7. the inaccuracy or falsity in any data, demonstration or document presented to the Administration, as well as their no-show in form and term, the object definition or perception of the remuneration regime of compensation regulated activities, it has an impact on the cost of the system that is between 1 and 5 per cent of the regulated annual remuneration of the subject.

8. non-compliance set forth in paragraphs 15, 16 and 17 of article 64 when not the circumstances of risk of warranty of the supply or danger or severe damage to persons, property or environment.

9. breach of security measures, even though they do not pose a manifest danger for the goods.

10. the failure by policy-makers of the point of measurement of the obligation to dispose of the equipment for measurement and control and other devices which regulations have been established when does not prevent the correct billing of energy consumed or supplied, or when such failure does not behave danger or damage serious to people, property or to the environment.

11. the failure by part of the forced to do so by the regulations of the realization of processes high or modification of borders, reading and treatment measures and exchanges of information, as well as the submission of the information or, in its case, making it available to recipients who are required to refer to the terms in the time and form established by law.

12. the breach, by the forced to do so in accordance with regulations in force, their responsibility to provide verifications of measuring equipment, when it had not been categorized as very serious offences.

13. the failure of the market operator of the functions and duties which are in accordance with the provisions of article 29.2 and its implementing regulations, unless expressly it had classed as very serious.

14. the failure of the system operator, carrier, dealers and managers of the distribution network of the functions and duties that are in accordance with the provisions of this law and its implementing regulations, unless expressly it had classed as very serious.

15. the failure of the system operator of the obligation of submitting information which is necessary for the determination of the remuneration of other staff, or the existence of errors of essential in such information.

16. the non-communication of information necessary or where appropriate, of parameters not allowed previously, to the system operator by the obligors to it for the proper management of generation dispatch in isolated systems.

17. the breach by the obligors in accordance with regulations in force, the indices of quality of service referred to in article 51.2 or the conditions of quality and continuity of service to.

18. the breach reiterated by the supplier to apply discounts to consumers affected by interruptions in the conditions provided for in the applicable regulations.

19. the unjustified delay in the commencement of the provision of the service to new users.

20. any other action in the supply or consumption of electric energy, which has a percentage change of the reality of the supplied or consumed greater than 10 percent but, at the same time, exceeding 30,000 euros.

21. the breach, by distributors or retailers, the obligations to maintain a database of all supply points connected to their networks and networks of transport in your area, allow access to it, as well as provide the necessary computer systems allowing the consultation of the data of the register of sites of delivery and receipt and computer validation of requests and communications with consumers and marketers of power.

22. the repeated and unjustified breach of deadlines and content established for the communications with any of the subjects who should intervene in the change of supplier or changes of the terms of the contracts.

23. the repeated failure by marketers of the requirements established for the formalization of contracts for the supply of electric power, as well as the conditions of engagement and empowerment with customers.

24. the creation of information and confusion in the presentation of the brand and brand image of the distribution companies and the reference marketing companies that are part of a group of companies that develop activities regulated and free in the terms provided in this Act, with respect to the identity of the subsidiaries of the same group engaged in marketing activities.

25. the breach by the distribution companies and distributors of electricity from the obligations of maintenance and proper functioning of service complaints, claims and incidents in relation to the service recruited or offered, requests for information on the issues relating to procurement and supply or communications, including phone service and phone number service , both free, as well as the implementation of any of the measures of protection to the consumer in accordance with this Act and its regulations, especially those relating to vulnerable consumers.

26. the non-observance by part of the distributors, or marketers or managers of loads of obligations and requirements determined by the regulations in force to exercise the activity, unless expressly had categorized as serious or as mild.

27. the breach of obligations of availability of production units in each programming period.

28. the non-submission of offers of purchase or sale by obligors to it in the market.

29. the breach by the agents who act as representatives of the obligations set forth in this law and its implementing regulations, unless expressly it had classed as very serious.

30. the failure of the managers of loads of the obligations regulated by this law and legislation developed in connection with the resale of electricity.

31. any violation by manipulation of the market also in phase of attempt, use of privileged or lack of dissemination of insider information, in accordance with the provisions in the Regulation (EU) No. 1227 / 2011, October 25, 2011, about the integrity and the transparency of the wholesale market of energy or in the development of the regulations.

32. the breach by the qualified and participating subjects of requirements for regulated electric power auctions provided for in the relevant regulations.

33. the manipulation of the price of the services of adjustment by an agent of the market through tenders at excessive prices, resulting disparate from unjustified form of the prices offered for the same in other segments of the market.


34. the submission of tenders with abnormal or disproportionate values in order to unduly alter the dispatch of generation units or the appeal of the market.

35. with regard to consumption, failure to comply with the requirements and obligations established, when it is not typified as very serious; as well as the incorrect application of modalities and their associated economic regimes referred to in this law and its implementing regulations.

36. the non-observance by part of retailers or marketers of their obligation to implement demand management programs approved by the administration.

Article 66. Minor offences.

They are minor offences: 1. failure of the obligors to it of its obligations in relation to the conclusion of supply contracts when it has no consideration of serious or very serious violation.

2. the breach of obligations under the rules of the market or operating procedures, which do not have the consideration of serious or very serious violation in accordance with articles 64 and 65, when such failure does not derive detrimental to the functioning of the market or the electrical system.

3. the unjustified breach the deadlines for communications with marketers and customers and to carry out the change of supplier, as well as for any modification of the terms of the contracts.

4. the breach by marketers of engagement and empowerment with customers requirements.

5. the breach by marketers and distributors of any requirement of required information on your bills.

6. the irregular application of prices, charges, rates or tolls of the regulated in this law or the provisions of the same development, so that there is an alteration in the price, when it has no consideration of serious or very serious violation.

7. the inaccuracy or falsity in any data, demonstration or document that is presented to the public administration, as well as his presentation in form and term, the object definition or perception of the regime of remuneration of regulated compensation activities, it has an impact on the cost of the system not to exceed 1 per cent of the annual of the subject regulated remuneration.

Article 67. Sanctions.

1 the offences set forth in chapter I of this title shall be punished as follows: to) by the Commission of very serious offences shall be imposed on the offender fine amounting to no less than EUR 6.000.001 nor more than EUR 60,000,000.

(b) by the Commission of serious offences will be imposed on the offender fine amounting to not less than EUR 600.001 nor more than 6,000,000 euros.

(c) by the Committee on minor offences will be imposed on the offender a fine amounting to up to 600,000 euros.

2. in any case the amount of the fine shall not exceed 10 per cent of the annual net amount of turnover of the offending subject, or 10 per cent of the annual net amount of the consolidated turnover of the parent company of the group to which he belongs that undertaking, as the case may be.

3. If, because of the attendant circumstances, to appreciate a qualified reduction of the culpability of the offender or of the provisions of the fact, or if answered in the economic situation of the offender, because of their heritage, their income, their dependants and other personal circumstances that are accredited, the punishment is manifestly disproportionate, the sanctioning body may determine the amount of the sanction by applying the scale corresponding to the class or classes of offences that precede in severity to that considered is integrated into where it is.

4 in any case, the amount of the penalty imposed, within the indicated limits, will graduate to take account of the following criteria: a) the hazards resulting from the infringement for the life and health of people, the security of things and the environment.

(b) the importance of the damage or damage caused.

(c) the damages caused on the continuity and regularity of supply.

(d) the degree of participation in the action or omission typified as offences and the benefit obtained from the same.

(e) the intent in the Commission of the offence and the reiteration in the same.

(f) the recidivism by Commission at the end of a year of more than one violation of the same entity as Hague declared firm administrative resolution.

(g) the impact on the economic and financial sustainability of the electrical system.

(h) any other circumstances that may have an impact on the greater or lesser degree of reprobabilidad of the violation.

5. for the purposes of this law shall be deemed that a breach is repeated when within the year immediately prior to their Commission the subject had been sanctioned by a firm administrative resolution pursuant to the same infringement.

Article 68. Accessory penalties.

1 very serious offences may be punished, besides the corresponding fine, with one or more of the following accessory sanctions based on the attendant circumstances: to) disqualification for exercise or development of activities in the field of the electrical sector for a period not exceeding three years.

(b) suspension, revocation or non-renewal of authorisations for a period not exceeding three years if necessary.

(c) loss of the possibility of obtaining grants, Government assistance or any additional economic regime in accordance with this law and its implementing rules for a period not exceeding three years.

2 serious offences in addition to the corresponding fine can be punished with one or more of the following accessory sanctions based on the attendant circumstances: to) disqualification for exercise or development of activities in the field of the electrical sector for a period not exceeding one year.

(b) suspension or non-renewal of the authorizations to exercise or development of activities in the field of the electrical sector for a period not exceeding one year.

(c) revocation of authorizations to exercise or development of activities in the field of the electrical sector.

(d) loss of the possibility of obtaining grants, Government assistance or any additional economic regime in accordance with this law and its implementing rules for a period exceeding one year.

Article 69. Other measures.

1 in addition to impose sanctions that correspond, in each case the resolution of the sanctioning procedure will declare the obligation of: to) return things or restore them to their natural state prior to the start of the offending action within the period that is set.

(b) when the restitution of things is not possible or restore them to their natural state, indemnify irreparable damage is equal to the value of the destroyed goods or caused damage, as well as damages incurred, within the period that is set.

(c) reimburse the unduly received amounts in those cases in which the Commission of the offence has meant the perception of regulated compensation which should not have been application.

2. be required compensation for damages when there would be no refund or replacement, and in any case if there had been damages to public interests.

Damages were impossible or difficult evaluation, to set compensation shall be account the refund and replacement cost and the value of the damaged goods, must be applied that provide the greatest value.

Article 70. Nature of the sanctions and compensation.

The amount of the sanctions and compensation, as well as the economic content of other acts of enforcement laid down in application of the provisions of this law and its development provisions, will have nature of public law credit and may be required by the administrative enforcement procedure regulated in the General collection regulations approved by Royal Decree 939/2005 , July 29.

Article 71. Concurrence of responsibilities.

1. the administrative responsibility for the violations typified in this law does not exclude another order to any place.

2. the sanctions that are imposed to different subjects as a result of a same violation will have each other independently.

3. not can punishable facts that have been punished administratively, or criminal in cases where identity of subject, fact and basis to appreciate.

4. when violation could be constitutive of crime or failure, started the sanctioning procedure, it will be transfer of blame both the public prosecutor's Office, suspending is the processing of the same until rendered firm judgment that put an end to the cause or be returned the proceedings by the public prosecutor.

5 have not appreciated the existence of crime or failure, the competent administrative authority will continue the disciplinary record. The facts stated tested in the firm judicial resolution be linked to that organ.

Article 72. Extinguishment of the liability.

The administrative liability for offences regulated in this law is extinguished by payment or compliance with the sanction and the measures imposed pursuant to the provisions of article 69, and by prescription.

Article 73. Competence to impose sanctions.

1. within the scope of the General Administration of the State competition for the imposition of sanctions to offences relating to the electricity sector shall be responsible for:


(a) to the Council of Ministers for the imposition of penalties for the Commission of serious offences involving any of the accessory sanctions provided for in article 68.

(b) to the Minister of industry, energy and tourism for the imposition of penalties for the Commission of serious offences that do not include any of the accessory sanctions provided for in article 68.

(c) to the Secretary of State for energy for the imposition of penalties for the Commission of serious offences.

(d) to the corresponding Director General of the Ministry of energy for the imposition of penalties for the Commission of minor offences.

2. at the level of the autonomous communities, it will be as provided in its own regulations.

3 the National Commission of markets and competition, in the scope of its powers, may impose penalties for the Commission of the following administrative: a) the classified as very serious in paragraphs 1, 2, 5, 6, 7, 8, 9, 11, 12, 15, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39 40, 42, 45 and 46 of article 64.

(b) the respect how serious is referred to in the preceding paragraph when, by attendant circumstances, do not qualify for inclusion of very serious and, in particular, the alamani in paragraphs 1, 4, 5, 6, 13, 14, 15, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33 and 34 of article 65.

(c) classified as mild in paragraphs 1, 2, 3, 4 and 5 of article 66.

4. the General Administration of the State shall have jurisdiction to impose sanctions when very serious breaches that compromise the security of supply occur.

Article 74. Prescription of infringements and sanctions.

1. the administrative offences provided for in this Act will be prescribed within the period of four years, the very serious, in the three years, the serious and in the two years the mild.

2. the penalties imposed by the Commission of very serious offences shall be extinguished after four years, those imposed by serious three years and those imposed by light will make you two years.

3. for the computation of time limits of prescription of infringements and sanctions it will be to the article 132.2 and 3 of law 30/1992, of 26 November.

In the event of continued violations the limitation period will begin from the time of the completion of the activity or the last act with which the infringement is consummated. In the event of constituting infringement acts or activities were unknown for lack of external signs, this period will be calculated since these appear.

Chapter III procedure penalties article 75. Applicable legal regime.

The procedure for the imposition of the penalties provided for in this law, in which the phases of instruction and resolution will be properly separated, shall comply with provisions of law 30/1992, of November 26, and in their regulations of development, with the particular conditions specified in the other articles of this chapter.

Article 76. Initiation.

The proceedings for administrative offences classified under this law shall commence appointed by agreement of the corresponding Director General of the Ministry of energy, or the body of the aforementioned address having expressly attributed the competition, either on its own initiative or as a result of higher order, reasoned request by other administrative bodies or on complaint.

This however, in the proceedings for administrative offences which are within the scope and functions which has entrusted the National Commission of markets and competition, instruction and resolution will be held by the bodies established in the Act 3/2013, 4 June, creation of the National Commission of markets and competition , and in the Organic Statute of the above-mentioned Commission.

Article 77. Provisional measures.

1. at any time during the procedure sanctioning, Director-General for the Secretary of State for energy or the competent authority of the National Commission of markets and competition may adopt, after hearing the interested party and by resolution motivated any measure that is necessary to ensure the effectiveness of the resolution which might fall on the procedure or the good end of it, according to the circumstances of the case, so as to avoid the maintenance of the effects of the infringement, if there are sufficient for this evidence.

Notification of these measures must be accompanied, where appropriate, location that will remedy the deficiency or irregularity constituent of the offence concerned.

2. in addition, in cases of urgency and when there is a certain risk for the security of the electricity supply, they may be taken, by the Director General for the Secretary of State for energy or by the competent authority of the National Commission of markets and competition, prior to the initiation of the disciplinary procedure and ex officio or at the request of part , the measures that are necessary to ensure the safety and supply, in the terms provided for in article 72.2 of the law 30/1992, of 26 November.

3. the costs incurred by the measures provided for in this article shall be borne in charge of natural persons and entities responsible for the violations, shortcomings or irregularities that had justified them.

Article 78. Instruction.

Instruction of the proceedings arising from administrative offences classified in this law as well as the file, following its resolution, of performed actions will correspond to the body of the corresponding General Directorate of the Ministry of energy or, where appropriate, to the authority of the National Commission of markets and competition that have attributed such competition.

Article 79. Time to resolve and to notify.

The period to resolve and report on the proceedings for administrative offences classified under this law shall be eighteen months on records by serious and very serious offences, and nine months when brought for minor offences.

After this deadline without express resolution, Director-General for the Secretary of State for energy, or where applicable the organ of the National Commission of markets and competition that have attributed such competition, will declare the forfeiture of the procedure and shall order the file of the proceedings, with the effects provided for in article 92 of the law 30/1992 , 26 November.

Article 80. Effects of the decision.

1. the resolution shall be Executive when it put an end to the administrative procedure.

2. in the resolution shall be adopted, where appropriate, precise precautionary measures to ensure its effectiveness in both non-executive.

First additional provision. Periodic penalty payments.

To ensure compliance with resolutions or information requirements dictate, the Ministry of industry, energy and tourism or the National Commission of markets and competition may impose periodic penalty payments for daily amount of 100 to 10,000 euros, in the terms provided in the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

The amount of the fines shall be fixed according to the following criteria: a) the hazards resulting from the infringement for the life and health of people, the security of things and the environment.

(b) the importance of the damage or damage caused.

(c) the damages caused on the continuity and regularity of supply.

(d) the economic damages.

The periodic penalty payments shall be independent of the sanctions that may be imposed and compatible with them.

The amount of the periodic penalty payments provided for in this provision is be paid into the public Treasury.

Second additional provision. Occupation of the maritime public domain land for high-voltage overhead lines.

The effects those referred to in article 32 of the law 22/1988, of July 28, of coasts, exceptionally and for reasons of public utility, duly accredited, the Council of Ministers, a joint proposal of the ministries of development, agriculture, food and environment and of industry, energy and tourism, taking into consideration the environmental and landscape values You can authorize aerial laying in the terrestrial public high-voltage power lines, provided that they are not located in stretches of coast that constitute beach or other areas of special protection.

Third additional provision. The lack of notification of decision expressly rejected effects.

Requests for administrative decisions that are issued pursuant to this Act and to the specific legislation on nuclear will understand ignored if it is not notified express resolution within the period which the effect is set to its development provisions.

Fourth additional provision. Rights of way.

The easement of passage of electric power, both aerial and underground, referred to in article 57, constituted in favor of the network of transportation, distribution and supply, includes those lines and telecommunication equipments that they can spend, so if they are for the service of self-provision of the holding power, as for the provision of services of electronic communications available to the public and without prejudice to the fair price which, in his case, he relinquished, aggravating this servitude.


Similarly, existing authorisations referred to in article 56.2 include those lines and telecommunication equipments that they can spend, with the same objective scope and autonomy resulting from the preceding paragraph.

Fifth additional provision. Legal capacity of the subjects of the Iberian electricity market.

Granted to the subjects of the Portuguese electricity sector capacity to act on electricity markets provided for in the International Convention on the establishment of an Iberian market of electric energy between the Kingdom of Spain and the Portuguese Republic, of 1 October 2004, provided that are covered in article 3, and in accordance with the regulations in force in Spain.

Sixth additional provision. Financing of imbalances of the electrical system.

1. the obligation of financing of imbalances and deviations resulting from revenue shortfall and the limits laid down in article 19 shall apply to liquidations corresponding to perform from the year 2014 and the debt accumulated since January 1, 2014.

2. holders of collection rights for deficits or imbalances of liquidations of activities with regulated remuneration that have occurred until the year 2013 included, shall not be affected by this obligation of financing in what refers to the specific amounts corresponding to such rights.

3 rights of collection pertaining to the settlement system income generated from 1 January 2013 deficit not transferable by their owners to the electrical securitisation Fund of the Deficit of the system.

Seventh additional provision. Limitation of the rights and obligations of the electrical system.

1 will prescribe fifteen: a) the right to recognize or pay credits in favour of the electrical system.

(b) the right to the payment of credits recognized or liquidated, counting from the notification of the act declaring them definitively.

(c) the right to recognition or liquidation by the system of the obligations charged to the same.

(d) the right to require payment of the obligations already recognized or liquidated, counting from the notification of the act declaring them definitively.

(e) the right to modification or reversal of the regulated fee received the subjects defined in article 6 of this law, counted since there is the performance that can determine that.

2. the prescription of the rights and obligations of the electrical system will be interrupted pursuant to the provisions of the Civil Code and shall apply ex officio.

3. Notwithstanding the above, the Government may regulate computation terms and cases of interruption of the abovementioned time limits.

The eighth additional provision. Reports of the electric power market. Market mechanisms that encourage the hiring term.

1. the Ministry of industry, energy and tourism, pursuant to article 5(2) of the law 3/2013, 4 June, may request the National Commission of markets and competition analysis related to the market of production and supply of electric power, when reasons of general interest or appreciate signs of lack of effective competition.

2 enables the national markets and the competition Commission to make proposed the Government to establish by regulation via market mechanisms that encourage hiring in term of power. These mechanisms shall take the form of an emission primary of a certain quantity of electric power, equivalent to a certain power, under the conditions and for the period of time specified in the broadcast, or other forms that allow to increase competition in the electric system and liquidity of their markets.

Ninth additional provision. Special nuclear energy legislation.

Production of electric power facilities to special nuclear energy legislation that may apply shall be governed by the same addition as provided in this law.

Tenth additional provision. First regulatory period.

1. for the purposes laid down in paragraph 4 of article 14 of this law, and regardless of the date in each of the activities, the first regulatory period ends December 31, 2019. From January 1, 2020 the following regulatory periods are scanned consecutively.

2. for activities of production from renewable energy sources, cogeneration and waste with specific compensation arrangements, the first regulatory period commences on the date of entry into force of the Royal Decree-Law 9/2013, 12 July.

In this period, the value it will rotate the profitability of projects type of reference for competitive procedures provided for in article 14.7, before taxes, will be the average yield in the secondary market of the three months prior to the entry into force of the Royal Decree-Law 9/2013, of July 12, of the obligations of the State ten years increased by 300 basis points.

3. for transport and distribution activities the first regulatory period will start from may apply the royal decrees mentioned in articles 5 and 6 of the Royal Decree-Law 13/2012, of March 30, developed the methodology of remuneration of transport and distribution activities respectively.

Without prejudice to the provisions of the Royal Decree-Law 9/2013, 12 July, for the calculation of the compensation to perceive in the second period from 2013 and for the calculation of the fee to receive beginning January 1 of the year 2014 and years successive in that application were the articles 4.2 and 5.2 of the Royal Decree-Law the rate of remuneration of the asset with a right to remuneration in charge of the electrical system of distribution and transportation of electric power for the first regulatory period, will be the average performance of the obligations of the State to ten years on the secondary market of the three months prior to the entry into force of the Royal Decree-Law 9/2013, 12 July increased by 200 basis points.

4. for activities of production in the non-peninsular electrical systems the first regulatory period will start from the obtained by application of the Royal Decree that develops its remuneration framework review.

The compensation regime established is set as provided for in article 7 of the Royal Decree-Law 13/2012, 30 March, in article 37 of the Royal Decree-Law 20/2012, of 13 July, measures to ensure the budgetary stability and promotion of competitiveness, this law and the law for assurance of supply and increased competition in the insular and extrapeninsulares electrical systems.

In this first regulatory period, the rate of pay for the calculation of the financial reward of investment of each group with additional remuneration regime shall be the average performance of the obligations of the State ten years on the secondary market of the three months prior to the entry into force of the Royal Decree-Law 9/2013, 12 July increased by 200 basis points.

All of the above should be understood without prejudice to the implementation from January 1, 2012, of the provisions that apply to application of the provisions of article 7 of the Royal Decree-Law 13/2012 March 30 and article 37 of the Royal Decree-Law 20/2012, of 13 July.

Eleventh additional provision. References to the specific compensation arrangements.

For installations of production of electricity from renewable energy sources, cogeneration of high efficiency and waste, the allusions to the specific compensation arrangements made in paragraph e) article 14.7 shall be made to any of the primados economic regimes that had existed prior to the entry into force of this law.

Twelfth additional provision. Authorized consumers to pour energy into the grid.

1. the Ministry of industry, energy and tourism may authorize, in the terms established by law and on an exceptional basis, to certain electricity consumers connected in high tension due to the implementation of a system of energy saving and efficiency have at certain times of recovered electrical energy that can not be consumed at your own facility to pour energy into the grid.

2. these consumers must face, poured energy, the same economic regime resulting from the application of the provisions of article 9.3.

Thirteenth additional provision. International cooperation mechanisms for the fulfilment of the commitments arising from the renewable energy directive.

1. the General Administration of the State will enable the framework allowing implementation in place cooperation mechanisms provided for in the Community regulations for the promotion of the use of energy from renewable sources.

The application of these mechanisms will ensure at all times the security of the electricity system and may not make in any case a decrease or loss of energy from renewable sources produced in Spain.

2. the implementation of the corresponding projects or singular performances will be subject to approval by the Ministry of industry, energy and tourism that, for that purpose, shall take into account the condition to the structures of energy transport and energy planning as a whole.

Fourteenth additional provision. Production technologies that have not attained the objectives.


1 may be established by regulation a retributive regimen adjusted as provided in article 14.7 to facilities of the technologies that power objectives laid down in the Royal Decree 661/2007, of May 25, had not been achieved.

This regime shall be extended to a maximum of 120 MW.

2 in order to be awarded with this regime, the facilities must not have been entered in the register of pre-allocation and found in one of the following situations: to) that have submitted application for registration in the register of pre-allocation, under cover of the provisions of article 4 of the Royal Decree-Law 6/2009 of 30 April whereby certain measures in the energy sector and approving the social bond, that such a request had the Ministry of industry, energy and tourism administrative registry entry, and which comply with the requirements of article 4.3 of the Royal Decree-Law 6/2009, of 30 April, all before the date of entry into force of the Royal Decree-Law 1/2012.

(b) that you have implementation Act in service, with finality, for the totality of the power in the thirty calendar days subsequent to the entry into force of this law.

3 regime retribution-specific application and the procedure of assignment of the same shall be established according to the rules, not being implementing the obligation of granting of remuneration regime through a procedure of competitive competition referred to in paragraphs to)) and (c) of article 14.7.

4 a the effects of assignment of the regime pay specific facilities priority will be given on the basis of the following criteria to achieve the planned quota: 1 compliance with paragraph 2.a) earlier.

(2nd paragraph 2.a compliance), except for the requirements of article 4.3 of the Royal Decree-Law 6/2009, of 30 April, and the fulfillment of paragraph 2.b).

3rd the fulfilment of paragraph 2.b) earlier.

5. in the case of exceeded the planned quota will be established, within each of the criteria of paragraph 4, a prioritization according to the date of administrative authorisation, in the first case, and act of commissioning for the second and third case.

Fifteenth additional provision. Financing of the extra-cost of production activity in the electrical systems in the non-peninsular territories.

Since January 1, 2014, the extracostes derived from the activity of production of electrical energy when they are developed in the electrical systems isolated from the non-peninsular territories according to the provisions of the law of the electric Sector, will be financed by 50 per cent of the State budget. For this purpose, the law of the State budget each year will incorporate a budgetary credit intended to cover the provisional estimate of the extracostes to finance the exercise as well as, where appropriate, the balance resulting from the final liquidation of the budgetary compensation corresponding to previous years.

Budget offsets will have no consideration of cost of the electric system. According to the rules, with the participation of the General intervention of the administration of the State, will determine a mechanism of control and recognition of the budgetary compensations, as well as the procedure of liquidation, both provisional and definitive, the same.

In any case the settlement system of the electrical system managed by the body responsible for the liquidation will act as a mechanism for financing subsidiary, having, only for this purpose, the nature of the electric system costs.

Sixteenth additional provision. Modification of the additional provision fifth of the law 17/2012, of 27 of December, of the State budget by 2013.

The fifth additional provision of law 17/2012, of 27 December, is worded as follows: «Fifth additional provision. Contributions for the financing of the Electricity Sector.

1 in the laws of the State budget for each year will be used to finance the costs of electrical system provided for in the law of the electric Sector, related to promotion of renewable energies, an amount equal to the sum of the following: to) the estimation of the annual revenue derived from the taxes included in the law on fiscal measures for sustainable energy.

(b) the 90 per cent of the estimated income for the auctioning of emission of greenhouse gases, with a maximum of EUR 450 million).

2 10 per cent of the estimated income for the auctioning of emission of greenhouse gases, with a maximum of EUR 50 million, affects the fight against climate change policy.

3 such contributions will be maintained through monthly beltways amounting to a maximum of the number of effective fundraising by such taxes, royalties and revenue from auctioning of emission, in the immediately previous month, according to the certification of the competent bodies of the Ministry of finance and public administration, provided it does not exceed the number shown in the case of emission rights.

The contribution that has to be done according to the fundraising for the month of December will be charged to the budget of the following financial year.

4. the funds allocated to the fight against climate change policy only available, equally, to the extent that has been previously produced the revenues from auctioning emission rights and the limits indicated in paragraph 2.»

Seventeenth additional provision. Modification of the second additional provision of Act 15/2012, of 27 December, of fiscal measures for sustainable energy.

The second additional provision of Act 15/2012, of 27 December, is worded as follows: «second additional provision. Cost of the electric system.

In the laws of the State budget for each year will be used to finance the costs of the electric system provided for in article 13 of the law of the electric Sector, an amount equal to the sum of the following: to) the estimation of the annual revenue derived from the taxes and fees included in this law.

(b) the income estimated by the auctioning of emission of greenhouse gases, with a maximum of EUR 500 million.'

Eighteenth additional provision. Deficit by 2013.

For the year 2013 is recognized the existence of a deficit in income from liquidation of the electrical system maximum of 3,600 million euros, without prejudice to temporary mismatches that could occur in electrical system of payments for that year.

This deficit will generate rights of collection consisting of the right to receive an amount of monthly billing by revenues of the system provided for in the letters to), b), c), and e) of paragraph 2 of article 13 of this law, of the fifteen successive years starting on January 1, 2014 to your satisfaction. The amounts provided by this concept will be returned to recognizing an interest rate under conditions equivalent to those of the market to be fixed in order to review the tolls and charges.

For the financing of such deficit, collection rights are transferable according to the procedure determined by regulation by the Government.

Nineteenth additional provision. Installations of generation from renewable energy sources, cogeneration of high efficiency and waste, located in the non-peninsular electrical systems.

The installations of generation from renewable energy sources, cogeneration of high efficiency and waste, located in not peninsular electrical systems which at the date of entry into force of the law 17/2013, on 29 October, for assurance of supply and increased competition in the insular and extrapeninsulares electrical systems had official authorization they will be exempt from the application of the provisions of article 2 of the aforementioned Act.

Twenty additional provision. Plan Renove cogeneration facilities and waste.

In the regulatory framework that determines the obligations of energy efficiency system derived from the application of the directive 2012/27/EU of the European Parliament and of the Council, of 25 October 2012, and in order to contribute to the national goal of energy efficiency of article 3.1, renewal of cogeneration facilities and waste programs will be developed.

First transitional provision. Application of previous provisions and references to the Law 54/1997, of 27 November, in the Electricity Sector.

1 while not handed down this law detailed rules which are necessary for the application of some of its provisions, they will continue to apply the relevant provisions in force in the field of electric power.

2. the references in the regulations to the Law 54/1997, of 27 November, the Electricity Sector, shall be made to the equivalent concepts covered in this law. En_particular: to) the existing references in sectoral legislation to the insular and extrapeninsulares electrical systems, shall be deemed performed to the electrical systems of the non-peninsular territories.

(b) the existing references in the regulations of the electricity sector to permanent costs and costs of diversification and security of supply are construed as references to the cost of the system.


3. Notwithstanding the foregoing, references that the sectoral regulations are made to the ordinary regime and the special regime shall be made to the definition of such schemes existing prior to the entry into force of this law.

Second transitional provision. Electrical installations in processing records.

1 electrical installations authorisation procedures initiated prior to the entry into force of this law will be processed until its resolution in accordance with the previous legislation.

2 procedures referred to in the preceding paragraph will continue being transacted until their resolution by management or regulatory authority which is competent pursuant to the previous legislation, to which corresponds also the resolution of the resources which, in his case, could stand.

Third transitional provision. Office of changes of supplier.

The office of changes of supplier will continue to play until June 30, 2014 functions which had attributed in accordance with the provisions of article 47 bis of law 54/1997, of 27 November, in the article 83 bis of the law 34/1998, of October 7, the hydrocarbon sector and in its implementing regulations.

From this date, these functions will be carried out by the National Commission of markets and competition, which will have access to the databases of consumers and points of supply of gas and electricity.

Fourth transitional provision. Legal separation of activities.

The distribution companies with less than 100,000 clients connected to their networks that does not comply with the provisions of article 12 which may apply to the entry into force of this law will have a period of three years from the entry into force of this law for the fulfilment of these requirements.

Fifth transitional provision. Peculiarities of certain liabilities of income liquidation of the specific compensation arrangements.

1. those obligations of income account liquidations carried out on the basis of paragraph 2 of the transitional provision of the Royal Decree-Law 9/2013 12 July third, by which adopt urgent measures to ensure the financial power system stability, as well as those of other settlements arising from modifications or cancellations of registration in the register of remuneration regime specific carried out under cover of the second paragraph of the provision transient sixth of this (law, will present the following particularities: a) in the case of breach of an obligation of income by indirect representatives of the subjects of the electrical system that corresponds to payments for settlement in accordance with article 18 of this law, this obligation of income can be compensated with payment rights pertaining to the same subject represented Although they correspond to different items, and even though at the time to carry out such compensation would have another representative. The compensation will not proceed in those cases in which the represented subject had paid to the representative the amount corresponding to the income requirement.

In any case, compensation for the right to charge will leave unless the amounts corresponding perceive the representative in concept of representation of the subject.

(b) in the event of a breach of an obligation of income by subjects of the electrical system that corresponds to payments for settlement, this obligation of income may be compensated by payment rights pertaining to the same subject, although these correspond to different settlements.

2. in those cases in which the breach of the obligation of income corresponding to an individual producer or indirect representative, had not been met entirely in accordance with the provisions of the preceding paragraph, may be compensated by the amounts corresponding to the participation in the market of energy from the ownership of the first production facilities.

3. regulations shall be established the terms and limitations of offsetting income obligations laid down in this provision.

Sixth transitional provision. Registration of facilities in the register of specific remuneration arrangements.

However provisions of article 27 of this law, the facilities that the entry into force of this Act are entitled to the perception of the Primate economic regime, will continue perceiving it with character of payment, in the terms provided in the transitional provision three of Royal Decree-Law 9/2013, of July 12, by which adopt urgent measures to ensure the financial power system stability.

Without prejudice to the provisions of article 27 of this law, regulations will establish the procedure by which facilities that the entry into force of this Act are entitled to the perception of the Primate economic regime will be registered in the register of specific remuneration arrangements and shall be subject to payment of the corresponding specific remuneration arrangements. Similarly, the procedure for the review and correction of the registration data and, where appropriate, the cancellation of the registration if it is established that the installation is not entitled to the perception of the remuneration arrangements will be established.

This procedure will ensure, in any case, hearing the applicant, being the maximum period to enact and notify its resolution of one year.

Seventh transitional provision. Application transitional articles 38 and 42 of the Law 54/1997, of 27 November, in the Electricity Sector.

However provisions repealing provision unica.1.a, as provided for in paragraphs 2 and 3 of article 38 and in paragraphs 2, 3 and 4 of article 42 of law 54/1997, of 27 November, the Electricity Sector, will remain in force until article 33 of this law may apply.

Eighth transitory provision. Expiration dates of the vested rights of access and connection.

The rights of access and connection to a certain point of the network already granted prior to the entry into force of this law will expire if there is any of the following circumstances: to) have not obtained permission from operation of the generation associated with the largest of the following periods: 1st five years from the entry into force of this law.

2nd five years from obtaining the right of access and connection at a point in the network.

(b) for installations of generation that having obtained authorization of exploitation, cease in the discharge of power to the grid during a period of more than three years for reasons attributable to the owner than the temporary closure.

Ninth transitional provision. Exemption from the obligation established in article 9.3 of this law until December 31, 2019, for cogeneration facilities and installations under the twelfth additional provision of the Royal Decree 1955 / 2000 of 1 December, which regulates the activities of transport, distribution, marketing, supply and installations of electricity authorisation procedures.

1. plants of production of electrical energy with cogeneration that the entry into force of this law were registered with finality in the administrative register of installations of electric power production dependent on the Ministry of industry, energy and tourism meeting performance requirements collected in the Royal Decree 661/2007, of May 25, which regulates the activity of production of electrical energy and remain in compliance of the themselves, they will be exempt from the obligation imposed in article 9.3 until December 31, 2019.

2 consumers of electricity, that the entry into force of this law have been the authorization referred to in the twelfth additional provision of the Royal Decree 1955 / 2000 of 1 December, which regulates the activities of transport, distribution, marketing, supply and authorization procedures for installations of electric power prior to the June 1, 2013 , they will be exempt from the obligation imposed in paragraph 2 of the additional provision tenth first until December 31, 2019.

Tenth transitional provision. Vulnerable consumer and social bond.

1. until expected to develop in the article 45.1 shall be entitled to the social bond supplies consumers, having being natural persons, a contracted power lower than 3 kW in his residence.

Also, eligible consumers with 60 or more years of age who prove to be pensioners from the system of Social Security for retirement, permanent disability and widowhood and who perceive the existing minimum amounts at any time for these kinds of pension with respect to rightholders with spouse in charge or owners without spouse living in a one-person economic unit as well as the beneficiaries of pensions from the extinct compulsory insurance for old age and invalidity and non-contributory retirement pensions and invalidity over 60.

Also, eligible consumers who prove to be large families and consumers who prove to be part of a family unit that has all members unemployed.

2. the procedure to prove the conditions giving right to the bonus is governed by provisions in the resolution of June 26, 2009, of the Ministry of energy, which determines the procedure underway social bond.


3. in accordance with the first transitional provision of Royal Decree-Law 9/2013, of July 12, that urgent measures are taken to ensure the financial stability of the power system, and until the order provided for in article 45.4 of this law is approved, the apportionment of the cost of the social bond will be held in accordance with the fourth additional provision of the order EIT 843-2012 April 25, which tolls of access as of April 1, 2012 and certain rates and premiums of the special regime installations are established. Also, until the last resort rate provided for in article 45.3 locks will apply provisions of the fifth additional provision of the aforementioned order EIT 843-2012, of 25 April.

Eleventh transitional provision. Applicability of article 33.

The provisions of article 33 shall apply once the entry into force of the Royal Decree which approved the criteria for the granting of permits access and connection as provided for in that article.

Twelfth transitional provision. Mechanism of granting of specific remuneration regime for renewable facilities in not peninsular electric systems.

Extraordinary and until December 31, 2014, the Government may exempt application of the competitive procedure laid down in article 14.7. to)) and (c) granting of specific remuneration regime for certain renewable technologies in power systems not Peninsular, where its introduction involves a significant reduction in electrical generation costs and provided that its startup occurs prior to December 31, 2016.

Thirteenth transitional provision. Procedure of settlements.

Until the regulatory development of the general procedure of payments according to the provisions of article 18.2 of the Act, will apply the procedure regulated in Royal Decree 2017 / 1997, of 26th December, which organizes and regulates the procedure of payment of the costs of transport, distribution and marketing fee of the permanent costs of the system and the costs of diversification and security of supply (, with the following particularities: a) shall apply the provisions of article 19.3 of the Act for the purpose of financing possible misalignments or deviations between revenues and costs.

(b) in General, activities with regulated remuneration corresponding to a game of power system costs, the payment of such compensation will be made with charge to the provisional liquidation of each fiscal year for which they are established, applying to all activities equal distribution in the collection, according to article 18.2 of this law.

Fourteenth transitory provision. Application of charges.

Until the development of the methodology of calculating charges according to the provisions of article 16 of this law, the quantities that consumers must satisfy to cover the cost of the system will be fixed by the Minister of industry, energy and tourism, prior agreement of the delegate of the Government Commission for Economic Affairs.

Fifteenth transitional provision. Application of the incompatibilities regime contained in article 20.8 of this law.

Contracts referred to in article 20.8 which have awarded prior to the entry into force of this law, as well as their extensions, revisions, modifications and any other contractual relationships which result or are provided for in such contracts and they are awarded subsequent to the entry into force of this law, shall be governed by the regulations in force at the time of the celebration of the first not being of application incompatibility regime provided for in that article 20.8.

Sixteenth transitional provision. Financing of the additional generation in the insular and extrapeninsular territories.

The extracostes derived from the activities of production of electrical energy in the year 2013 when developing into insular and extrapeninsular territories according to provisions of the law of the electric Sector, will be financed by the settlement system of the electric sector considering these effects as a cost of the electrical system of the year 2013.

Sole repeal provision. Repeal legislation.

1 are expressly repealed: to) the Law 54/1997, of 27 November, in the Electricity Sector, except for the sixth, seventh additional provisions, twenty first and twenty third, and without prejudice in the third final provision of this law.

(b) article 24 of the Royal Decree-Law 6/2010 April 9, measures to boost economic recovery and employment.

(c) the first additional provision of the Royal Decree-Law 14/2010 of 23 December, establishing emergency measures for the correction of the tariff deficit in the electricity sector.

(d) the additional provision 15th Royal Decree-Law 20/2012, of 13 July, measures to ensure the budgetary stability and promotion of competitiveness.

(e) articles 3 and 4 of the Royal Decree-Law 2/2013, on 1 February, urgent measures in the electric system and the financial sector.

(f) with effect from 19 October 2013, law 15/2013, on 17 October, which sets funding charged to the General State budgets of certain electrical costs, caused by the economic incentives for the promotion of the production of electricity from renewable energy sources and is granted an extraordinary credit amounting to 2.200.000.000 euros in the budget of the Ministry of industry Energy and tourism.

(g) the additional provision fourth Royal Decree-Law 9/2013, of July 12, by which adopt urgent measures to ensure the financial stability of the power system.

(h) article 83 bis of the law 34/1998, of October 7, the hydrocarbon sector.

All the rules of equal or lower rank are 2 repealed insofar as they contradict or oppose the provisions of this law.

First final provision. Modification of law 54/1997 of 27 November, the Electricity Sector.

Amending the first additional provision twenty Law 54/1997 of 27 November, of the electric Sector, which remains in force and is worded in the following terms: «twenty first additional provision. Adequacy of access tolls and misalignment of revenues of the regulated activities of the electricity sector.

1. when on the emergence of temporary mismatches during the year 2013 the Fund accumulated in the specific account referred to in Royal Decree 2017 / 1997, of 26th December, which organizes and regulates the procedure of payment of the costs of transport, distribution and marketing fee, the permanent costs of the system and the costs of diversification and security of supply open for warehousing would balance negative, this will be settled by the National Commission of markets and competition, or, in your case, the liquidator organ which corresponds, in the monthly liquidations by applying the following percentages of cast: "Iberdrola, S. A.": 35,01 per 100.

"Hidroeléctrica del Cantábrico, S. A.": 6.08 per 100.

"Endesa, S. A.": 44,16 per 100.

"EON Spain, S. L.": 1.00 per 100.

"Natural GAS S.D.G., S. A.": 13.75 per 100.

Companies shall be entitled to recover the contributions for this concept in the settlements for the fifteen years following the year in which there had been. The amounts provided by this concept will be returned to recognizing an interest rate under conditions equivalent to those of the market to be fixed in order to review the tolls and charges.

Prior to the December 1, 2014, will include a supplementary liquidation of 14 of the year 2013 provisional liquidation, including quantities which up to this date have been incorporated from corresponding items of revenue.

The mismatch of revenue of the electrical system of the year 2013 is determined from this complementary settlement from this exercise.

2. until January 1, 2013, provisions that are approved access tolls recognized expressly the income deficit which, in his case, deemed that they can occur in the liquidation of the regulated activities in the energy sector.

Also means that imbalances temporary, if as a result of the liquidation of the regulated activities in each period produce, proves a higher than expected revenue shortfall in the provision that passed the corresponding access tolls. This temporal mismatch will be recognized explicitly in the provisions for approval of tolls for access of the next period.

When the appearance of temporary mismatches, the Fund accumulated in the specific account referred to in Royal Decree 2017 / 1997, of 26th December, open for warehousing arrojara a negative balance, this will be settled by the National Commission of markets and competition in the monthly liquidations by applying the following percentages of the cast: "Iberdrola, S. a." : 35,01 per 100.

"Hidroeléctrica del Cantábrico, S. A.": 6.08 per 100.

"Endesa, S. A.": 44,16 per 100.

"EON Spain, S. L.": 1.00 per 100.

"Natural GAS S.D.G., S. A.": 13.75 per 100.


These percentages of allocation may be amended by Royal Decree, where they are produced significant divestments that affect the activity of distribution companies, when structural changes substantial activity of generation that justify it or as a result of investment or significant divestments in generation assets.

Companies shall be entitled to recover the contributions for this concept in 14 settlements corresponding to the period in which modified the rates for access to the recognition of this temporal mismatch. The amounts provided by this concept will be returned to recognizing an interest rate under conditions equivalent to the market to be fixed in order to approve tolls.

3. If the amount of the temporary mismatch defined in paragraphs 1 and 2 was not known at the time of the adoption of the provision by which approve the tolls of access of the next period, in that provision be recognized explicitly, including interests that could earn, the amounts which, if any, may be going to be financed.

It empowers the Directorate-General for energy and mines to modify these amounts by actually funded by each of the companies, when 14 of the corresponding exercise settlement information is available. Exercise settlement 14 additional settlement information, be taken into account for the year 2013.

The difference between the amounts recognised with the 14 settlement information and the resulting of the final liquidation of the corresponding financial year, shall be regarded as costs or income payable from the system of the exercise thereof. Liquidation 14 additional settlement information, be taken into account for the year 2013.

4. However, for the years 2009, 2010, 2011 and 2012, the deficit of income referred to in the disposition by which approved the corresponding access tolls shall not exceed 3,500 million euros, 3,000 million euros, 3,000 million euros and 1,500 million euros, respectively.

In addition, temporary mismatches of liquidations of the electrical system occurring in 2010, up to a maximum of 2,500 million euro amount, and in 2012, in the amount of 4.109.213 thousand euros, shall be regarded as revenue shortfall of electric settlement system for 2010 and 2012, respectively, which will generate receivables that may be assigned by their holders to electrical system Deficit securitisation Fund whereas the amount for the year 2012 as definitive for the purposes of the transfer.

5. the deficit of electric settlement system will generate rights of collection consisting of the right to receive an amount of monthly billing access tolls or charges in subsequent years up to your satisfaction. The amounts provided by this concept will be returned to recognizing an interest rate under conditions equivalent to the market to be fixed in order to approve tolls.

Payments that make the National Commission of markets and competition or, where appropriate, the body in charge of settlements, necessary to satisfy the rights of collection will be consideration of cost of the system and collected through the charges established according to the provisions of the present law until your total satisfaction.

For the financing of such deficit, collection rights are transferable to a securitisation Fund which shall be constituted for this purpose and is referred to as securitisation of the Deficit of the electrical system Fund, as contemplated in the additional provision fifth law 3/1994, of 14 April, which adapts the legislation Spanish in respect of credit institutions to the second banking coordination directive and other related modifications are introduced the financial system, being application as provided in the Royal Decree 926/1998, 14 may, which regulates securitization of assets and the management companies of securitisation funds funds. The Constitution of electrical system Deficit securitisation Fund will require the prior favourable report from the Ministry of economy and competitiveness.

The assets of the securitisation Fund shall be constituted by: a) collection rights generated and not transferred to third parties by the initial owners up to 10,000 million euros as of December 31, 2008. The price of assignment of such rights and the terms of transfer of the same shall be determined by Royal Decree, a joint proposal from the heads of the ministries of industry, energy and tourism and economy and competitiveness.

(b) the rights of recovery to take place the financing of deficits generated since the January 1, 2009 until December 31, 2012, whose characteristics, as well as price and terms of transfer, shall be established by Royal Decree, a joint proposal from the holders of the ministries of industry, energy and tourism and economy and competitiveness.

6. the liability of the securitisation Fund shall consist of the financial instruments that are issued through a competitive procedure which is regulated by Royal Decree, a joint proposal from the heads of the ministries of industry, energy and tourism and economy and competitiveness.

7. the management company of the securitisation Fund shall be designated by the Commission, believed these effects, dependent on the Ministry of industry, energy and tourism which will chair it. The Committee shall be composed by representatives of the Ministry of industry, energy and tourism and the Ministry of economy and competitiveness. In view of the nature of the functions assigned to the Commission, this can count with the technical advice of the National Commission of markets and competition, and the National Commission of the stock market by the special conditions of experience and knowledge that concur in such organisms.

The appointment, by the Commission, the management company shall be according to the principles of objectivity, transparency and publicity, and management companies who are professionals of recognized and proven experience in the matter.

In its organization and functioning, the Commission will be governed by the provisions of law 30/1992, of 26 November, and regulations will establish its composition in terms of number of members and ranking.

The extinction of this Commission will occur automatically once reached the end for which it was created.

8. Likewise, to cover any gaps of Treasury revenue and payments of the securitisation Fund, by agreement of the delegate Commission of the Government for Economic Affairs, it may constitute a credit line under market conditions.

9 on the basis of provisions of article 114 of law 47/2003, of 26 November, General budget, is authorized to the General Administration of the State, through December 31, 2013, to give guarantees as collateral for financial obligations due to electrical system Deficit securitisation Fund, derived from emissions of financial instruments that perform such background charge charging that rights constitute the assets of the same : The maximum amounts for the granting of the guarantees referred to in paragraph shall be to determine the corresponding laws of General State budgets.

The granting of the guarantees must be agreed to by the owner of the competent Ministry for the granting of the guarantees as collateral for financial obligations due to the electrical securitisation Fund of the Deficit of the system, in accordance with provisions in the Law 47/2003, of 26 November, General budget and only once may be constituted Fund.

If the execution of the guarantee from the General Administration of the State, this is subrogated, with respect to amounts executed for any reason, all rights and actions that had recognized the creditors against the electrical securitisation Fund of the Deficit of the system.

In the case of execution of the collateral referred to in this paragraph, is authorized to the General Directorate of the Treasury and financial policy so that you can make payments for the implementation of the guarantees by Treasury operations charged to the specific concept that is set for this purpose. Subsequent to the completion of such payments, the General Directorate of the Treasury and financial policy will proceed to the final application to the budget of expenses of payments made in the year, except for the carried out in December, that will be applied to the budget of expenses in the first quarter of the following year.»

Second final provision. Basic character and competence title.

1. the present law has basic character, in accordance with article 149.1.13. ª and 25.ª of the Constitution.

2. are excluded from this basic character references to administrative procedures, which will be regulated by the public administration competent, adjusting in any case to the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. In any case, have basic provisions on the effects of the lack of notification of decision expressed in the third additional provision.

3. the provisions of title IX, relating to compulsory purchase and easements, are of general application under cover as provided in article 149.1.8. 2nd and 18th of the Constitution.


4. the facilities referred to in article 149.1.22. ª of the Constitution shall be governed by the provisions in this law and its development provisions.

Third final provision. New legal and economic regime of production from renewable energy sources, cogeneration and waste with Primate economic regime.

1. in accordance with the provisions of the second final disposition of Royal Decree-Law 9/2013, 12 July, that urgent measures are taken to ensure the financial stability of the power system, the Government, on the proposal of the Minister of industry, energy and tourism, it approved a Royal Decree on regulation of the legal and economic regime for the production facilities of electric power from renewable energy sources cogeneration and waste that would have recognized payment system to the entry into force of the aforementioned Royal Decree-law.

2. as there are available, this new model shall comply with the criteria laid down in article 30 of the Law 54/1997, of 27 November, of the Electricity Sector, in the wording that was given to him by the aforementioned Royal Decree, and shall apply from the entry into force thereof.

Despite the above, the specific compensation arrangements established for installations of solar thermoelectric technology awarded of the regime envisaged in the third additional provision of the Royal Decree 1565 / 2010, 19 November, which regulate and modify certain aspects relating to the activity of production of electrical energy in special regime, will consist of a single term to operation whose value will be the resulting economic offer that might be awarded.

3 the terms laid down in the Royal Decree-Law 9/2013, of July 12, by which adopt urgent measures to ensure the financial stability of the power system, for the establishment of this new remuneration regime reasonable profitability throughout the life the installation regulatory spin, before taxes, the average yield in the secondary market for the ten years prior to the entry into force of the Royal Decree-Law 9/2013 July 12, of the obligations of the State ten years increased by 300 basis points, all of this without prejudice to its further revision in the terms legally provided.

4. in no case may be this new remuneration model the claim of the remuneration received by the energy produced prior to July 14, 2013, even if it stated that this profitability could have been passed on this date.

5. the review of the parameters of compensation will take place in any case, pursuant to the provisions of article 14.4 of this law.

Fourth final provision. Enabling legislation.

1 enables the Government, in the scope of their powers, issued the regulations necessary for the development and implementation of this law.

2. in particular, the Government is authorized to modify the indexing of the reward of the different regulated activities in the electricity sector.

Fifth final provision. Modification of the Royal Decree-Law 9/2013, of July 12, by which adopt urgent measures to ensure the financial stability of the power system.

The transitional provision tercera.2 of the Royal Decree-Law 9/2013, of July 12, is worded as follows: ' 2. the body responsible for the liquidation will pay, on a basis of payment, payable concepts earned special regime installations, and those of ordinary regime with remuneration regime prevailed under cover of Royal Decree 661/2007, of May 25» , in application of provisions of royal decrees concerned.

The rights of collection or payment obligations resulting from the application of the methodology to be determined pursuant to the provisions in the second final disposition, to the energy produced from the entry into force of the present Royal Decree-Law until the entry into force of the provisions necessary for the full implementation of the new remuneration scheme, will be settled by the agency responsible for the same in nine settlements the date according to the rules established , without prejudice to the provisions of the following paragraph.

However, regulations can be established a maximum limit to the obligations of the income resulting from the application of this paragraph. The application of the abovementioned limit may give rise to adjustment is performed in more than nine items.

These amounts shall be regarded as costs or income payable of the system, as appropriate, for the purposes specified in the procedure of settlement of the costs of the electric system.»

Sixth final provision. Entry into force.

This law shall enter into force the day following its publication in the "Official Gazette".

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, 26 December 2013.

JUAN CARLOS R.

The Prime Minister, MARIANO RAJOY BREY

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