I

Since Law 54/1997, of 27 November, of the Electrical Sector, the process of liberalization in the activities of generation and commercialization of electric power began, the model of the electric sector in Spain has been articulated on the principles of income sufficiency and the perception of adequate remuneration by the various actors involved.

The ratification by Spain of the Treaty of the European Energy Charter dated 11 December 1997 and the continued incorporation into our internal law of the Community order has, for its part, assumed the principles for the promotion of renewable energy, the creation of conditions to promote the use of energy in the most economical and environmentally friendly way and the promotion of energy efficiency and the promotion of renewable energy sources. energy.

Together with these principles that define the model, public intervention through regulation is aimed at ensuring security of supply, assuming that the functioning of the market allows for economic sustainability and financial sector, and that the various actors involved should be able to adapt to the specific circumstances of a changing sector, if necessary in order to ensure that sector.

However, from a decade ago, the Spanish electricity system generates a tariff deficit that, over time, has become structural, because the real costs associated with regulated activities and the operation of the electricity sector is higher than the toll collected by the Administration and paid by the consumers.

Between the years 2004 and 2012 the revenue of the electricity system for consumer tolls has increased by 122 percent, while the increase in the regulated costs of the system in this period has been a 197 percent. percent. Among the items of costs that have contributed to a greater extent to this increase are the premiums for the special scheme and the annuities of accumulated deficits, which have been multiplied by six and nine respectively in the said increase. period.

According to the latest available data from the National Energy Commission, in a cumulative debt balance of 26.062.51 billion euros at May 10, 2013. In addition to the calculation of the debt of the electricity system, the Commission notes that from the year 2003 to 10 May 2013, the amount satisfied to finance the deficit of the electricity system through the annuities which was They incorporate in consumer access tolls, at current prices of each year, amounts to 11.823 million euros.

These figures account for the unsustainable nature of the electricity sector's deficit and the need to take urgent immediate action to put an end to this situation.

Based on the fundamentals that justify public intervention in the sector, and in order to correct the mismatches produced by the expansive evolution of the cost items of the electricity system, they have been adopted in In recent years a number of measures of an urgent nature affecting both the cost and the revenue side.

Among the above mentioned measures is the Royal Decree-Law 6/2009 of 30 April 2009 adopting certain measures in the energy sector and approving the social bond, which set a number of limits. (a) the reduction in the electricity tariff deficit with the horizon of its abolition in 2013, creating, at par, a mechanism for financing the accumulated deficit by ceding the receivables to the so-called ' Fund for the Entitlement of the Electrical System Deficit (FADE) and its placement to third parties through a competitive mechanism.

Following the approval of Royal Decree-Law 6/2009 of 30 April 2009, however, a number of circumstances occurred, which led to the fact that the annual ceilings for ex-ante deficits would not be sufficient. Thus, factors such as the significant drop in demand, the increase in electricity production from renewable sources, and the reduction of market prices (to a large extent determined by the delicate economic situation In the case of the international market, the following are: These imbalances could not have been covered by an increase in access tolls without aggravating and compromising the already complex economic situation of families and businesses and without affecting, therefore, a very important way of reaching the economic activity as a whole.

For this reason, both in Royal Decree-Law 6/2010 of 9 April, of measures for the promotion of economic recovery and employment, as in Royal Decree-Law 14/2010 of 23 December, establishing measures For the correction of the tariff deficit in the electricity sector, new emergency measures were adopted for the solution of the problem.

Thus, in the aforementioned Royal Decree-Law 14/2010, of 23 December, the maximum limits of the deficit that had been established in the Royal Decree-Law 6/2009 of 30 April 2009, were raised for the years 2010, 2011 and 2012, maintaining the Objective of non-occurrence of new deficit in the electrical system from 2013. In addition, other ad hoc measures for consumer protection and for the reduction of certain items of the system's costs and revenues were also taken.

Among the cost reduction measures imputable to the access tolls, the primary operating hours of the PV installations were limited to correct the deviations in the generation forecasts. this technology and increased, modifying to this end the Law 39/2010, of 22 December, of General State Budgets for the year 2011, the amount established for the granting of the State guarantee to address the predicted deficits for the years 2010 and 2011, up to a maximum of 22 billion euros.

On the revenue side, the obligation of energy producers to address a generation toll was established, given the impact of this activity on the development of transport and distribution networks.

Similarly, throughout 2012 and to date, new measures of an urgent nature have been adopted with the same purpose of dealing with the deviations which, due to the worsening of the factors already mentioned, have been showing in relation to the initial estimates.

Among the measures taken in 2012 are, firstly, the Royal Decree-Law No 1/2012 of 27 January 2012, which provides for the suspension of the procedures for pre-allocation of remuneration and for the abolition of incentives. (a) economic development for new plants for the production of electrical energy from cogeneration, renewable energy sources and waste, which has abolished incentives for the construction of special regime technology installations, prevent the incorporation of new costs into the electrical system.

After that, the Royal Decree-Law 13/2012 of 30 March, implementing directives on the internal market in electricity and gas and in the field of electronic communications, and adopting measures for the (a) correction of deviations from the mismatch between the costs and revenues of the electricity and gas sectors, from the perspective of the reduction of the costs of the electricity sector, the fixing of new criteria for the regulation of the the distribution and transport activities, adjusting the remuneration for 2012; limiting, at the same time, the execution of new transport facilities, both in the electricity sector and in the gas sector and by reducing the amount to be satisfied to the electricity generation companies by the concept of ' guarantee of power ", among others.

In the same way, it corrects the remuneration of the generation activity in the island and extra-island electrical systems, through the cost that is recognized by the purchase of fuel and ties the payment by guarantee power to the actual availability of the plants.

On the same line, the Royal Decree-Law 20/2012 of 13 July 2012 on measures to ensure budgetary stability and the promotion of competitiveness incorporates other additional measures relating to the remuneration of the (a) the introduction of a territorial supplement in the access tolls and the rates of last resort for the Autonomous Communities as compulsory in the ordinary system of island and extra-island electricity systems; which tax the activities or installations intended for electricity supply with own taxes or surcharges on State taxes and also changes the remuneration of the transport activity, establishing that the remuneration for investment will be recognised for non-amortised service assets, taking as basis for their financial remuneration the net value of the same.

On the level of revenues, Law 15/2012 of 27 December 2012 on fiscal measures for energy sustainability was approved, which recognizes the objective of harmonising the tax system with a more efficient and respectful use of the environment and sustainability, in line with the basic principles governing the European Union's fiscal, energy and environmental policy. Given the strong economic and environmental impact of the energy sector, this Law introduced exceptional measures to ensure that the costs of the system were financed both with the revenue from the access tolls and other prices. regulated, as of certain items from the General Budget of the State.

To this end, new tax figures are introduced into the tax system and it is expressly acknowledged that an equivalent amount of tax collection will be used to cover certain costs of the electricity system. Firstly, three new taxes on the value of the production of electricity, on the production of spent nuclear fuel and radioactive waste resulting from the generation of nuclear power and on the production of nuclear energy, are regulated. storage of spent nuclear fuel and radioactive waste in centralised facilities. On the other hand, a fee is created for the use of inland waters for the production of electrical energy and the tax rates of excise duties for gas and coal are amended, and exemptions are also abolished. intended for certain energy products used in the production of electrical energy and in the cogeneration of electricity and useful heat. Finally, the Law 54 /1997 of 27 November of the Electricity Sector is amended in respect of the right to the perception of an economic regime, which is primarily based on renewable energy installations using fuels.

The changes to the above mentioned rules allowed to reduce certain system costs and increase revenues by combining regulatory and fiscal actions.

On the other hand, Law 17/2012 of 27 December, of the State Budget for the year 2013, establishes three measures of an exceptional nature. First of all, the application of the compensation mechanism for the generation of island and extra-island territories from the State's General Budget is suspended, as in the previous year. Second, with exclusive validity for 2013, the Law states that the limitations to the guarantees of the Deficit Holder of the Electricity System established in the additional twenty-first provision of the Law will not apply. 54/1997, of 27 November, of the Electrical Sector, concerning the sufficiency of the access tolls and revenue mismatches of the regulated activities of the electricity sector. Thirdly, it sets out a series of contributions to finance the costs of the electricity system relating to the promotion of renewable energy equivalent to the sum of the estimate of the annual collection corresponding to the State derived from the Taxes included in the tax law for energy sustainability and 90 percent of the estimated revenue from the auction of greenhouse gas emission allowances, with a maximum of 450 million euros.

Also, the Royal Decree-Law 29/2012 of December 28, of improvement of management and social protection in the special system for employees of household and other measures of economic and social character, arranged that the temporary disadjustments of the electricity system's liquidations produced in 2012, had the account of the revenue deficit of the system of electricity settlements for that year and would generate receivables that could be ceded by its holders to the Securitisation of the Electricity System Deficit, and this in addition to the EUR 1.5 billion of deficit already recognized in the additional twenty-first provision of Law 54/1997, of 27 November, of the Electrical Sector. On the other hand, in order to guarantee the final objective for which the mechanism of preallocation of remuneration for special regime installations was established, this is, to ensure an economic regime under the budget and condition of the complete implementation of the facility at a given time, a rating was introduced for the removal or correction of the primary economic regime in the event of a finding of non-compliance with the obligations constituting the essential budget of the definitive acquisition of such an economic regime.

Similarly, the Royal Decree-Law 2/2013 of 1 February of urgent measures in the electricity system and in the financial sector introduced new measures to correct the mismatch between the costs of the electricity sector and the (i) revenue from regulated prices, in order to avoid the assumption of a new effort on the part of consumers. To this end, the index for the updating of the costs of the electricity sector was modified in order to make use of a more stable reference which would not be affected by the volatility of the prices of unprocessed food and fuel for use. domestic. Thus, with effect from 1 January 2013, the reference to the Consumer Price Index provided for in the sector's rules for updating remuneration, tariffs and premiums is replaced by the reference to the Consumer Price Index Constant taxes without raw food or energy products (underlying IPC-IC).

This Royal Decree-Law 2/2013, of 1 February, also amended, in addition, Royal Decree 661/2007 of 25 May 2007 regulating the activity of the production of electrical energy in a special scheme, in order to guarantee a reasonable profitability for these installations and at the same time avoid one on remuneration of the same which would fall on the other electrical subjects. For this reason, as from the entry into force of the royal decree-law, two options for the sale of energy produced in special scheme facilities are: the transfer of electricity to the system by charging a regulated tariff or the sale of electricity. electricity in the electricity production market, without premium supplement.

On June 20, 2013, the Congress of Deputies approved the Law establishing the financing from the General Budget of the State of certain costs of the electricity system. for economic incentives for the promotion of the production of electricity from renewable sources of energy and an extraordinary credit is granted for the amount of EUR 2,200,000,000 in the budget of the Ministry of Industry, Energy and Tourism.

In addition to this adjustment of costs, other rules have been adopted that have led to an increase in access tolls for consumers, and therefore, from the revenues of the electricity system.

As can be seen, the measures taken during these past months have been projected in a proportional and balanced way on the different subjects of the electricity sector, in terms that, with the elements of judgment available At the beginning of 2013, they seemed to be able to achieve the objective of tariff sufficiency at the beginning of 2013, thanks to the effort supported by the consumers and companies operating in the sector and the budget lines destined to the effect.

For this reason, the Ministry of Industry, Energy and Tourism, in the budget year that involves the elaboration of the Order IET/221/2013, of February 14, for which the tolls of access are established from January 1, 2013 and the tariffs and premiums of the special scheme facilities, proceeded to maintain the price of the network access tolls when considering that the revenues would be sufficient to cover the costs of the system in 2013.

However, during the first half of 2013 there have been a number of events that have varied the assumptions on which the estimates were made at the beginning of the year, which will result in the emergence of new Adjustments at the end of the financial year if emergency measures are not taken to correct the situation.

These deviations are motivated by the fact that in the first few months of 2013, atypical weather conditions have occurred, and the level of rainfall and wind conditions have been very high. historical averages.

These conditions have caused a double effect. On the one hand, they have caused the price collapse of the daily market up to a minimum level of 18.17 €/MWh of average in the month of April, resulting in an average price in the first six months of 2013 which does not reach 37 €/MWh, much less than EUR 51,19 /MWh for the whole of the year. On the other hand, there has been an increase in the working hours of certain technologies, and in particular of the wind with the right to a premium. All this has determined a significant deviation from the increase in the extra cost of the special scheme as a result of lower recorded market prices.

In addition, due to the reduction in economic activity and the impact of the economic crisis on domestic economies, there has been a more pronounced contraction in demand than expected. Thus, the electric balance published by Red Electrica de España, S.A. as operator of the system, shows to date 5 July 2013 a decrease in demand of 2.7 percent so far this year 2013, and a drop of 2.3 percent in the last Mobile year versus an estimated drop of 0.3 percent considered in Order IET/221/2013, February 14. This fact has a negative impact on the reduction of revenue from electricity access tolls.

On the other hand, in the procedure for the elaboration of the General Budget of the State for 2014, the Ministry of Finance and Public Administration has highlighted the impossibility of complete compliance with the Additional provision of Royal Decree-Law 6/2009 of 30 April 2009 laying down certain measures for the energy sector and approving the social bond. This provision states that the compensation for the extraction of the island and extra-island systems will be financed from the General Budget of the State. The reason for this is the difficult budgetary situation which does not make it possible to provide, as a whole, this extraction without compromising the fulfilment of the deficit targets set for the financial year 2014.

These circumstances make it clear that there is an urgent need for urgent action to be taken immediately to ensure the financial stability of the electricity system and, at the same time, the relevance of a review of the regulatory framework to allow adaptation to the events that define the reality of the sector in each specific period in order to maintain the sustainability of the electricity system.

This is linked to the fact that, in the National Reform Programme, presented by the Government of Spain to the European Commission on 30 April 2013, the Government's commitment to present, in the first half of this year, was contained. a package of regulatory measures to ensure the financial stability of the electricity system.

Based on these principles, and in line with the modifications mentioned above, the present royal decree-law, as an urgent matter, articulates a series of measures, balanced, proportionate and wide-ranging, aimed at ensure the financial stability of the electricity system as an unavoidable budget for its economic sustainability and security of supply, and for all activities in the electricity sector.

II

First, the Government is enabled to approve a new legal and economic regime for existing power production facilities from renewable energy sources, cogeneration and waste. Thus, Article 30.4 of Law 54/1997 of 27 November of the Electricity Sector is amended to introduce the specific principles on which the scheme is to be articulated in order to narrow the scope of the Government's action in the development of the remuneration schemes for these facilities. This will be based on the perception of income from market share, with additional remuneration that, if necessary, will cover those investment costs that an efficient and well-managed company does not recover in the the market. In this respect, the Community case-law shall mean an efficient and well-run undertaking which has the resources necessary for the development of its business, the costs of which are those of an efficient undertaking in that undertaking. (a) activity and a reasonable profit for the performance of its duties. The aim is to ensure that the high costs of an inefficient company are not taken as a reference.

In this way, the coverage of the additional costs of these facilities is intended for those of the other technologies on the market.

This framework will articulate a remuneration that will allow renewable installations, cogeneration and waste to cover the costs necessary to compete in the market on an equal footing with other technologies and to obtain reasonable profitability.

For the purpose of calculating the specific remuneration, the revenue from the sale of the generated energy valued at the price of the production market, the average operating costs necessary for the purpose of the calculation of the specific remuneration perform the activity and the value of the initial investment of the type installation, all for an efficient and well managed company. In this way, a remuneration scheme is introduced for standard parameters according to the different type of facilities to be established.

In addition, it is available that in no case will the costs or investments that come determined by rules or administrative acts that do not apply throughout the Spanish territory be taken into consideration and that in any case, the Costs and investments must be exclusively related to the production of electrical energy.

In this way, a balanced allocation of the costs attributable to the electricity system, to the electrical consumers and to the taxpayers is made, to the extent that part of these costs are financed by the General Budget of the State.

Also, it is specified in Law 54/1997 of 27 November, the normative plasmation of the concept of reasonable profitability, establishing it, in line with the jurisprudential doctrine on the particular light in the last years, on a project return, which will, before tax, turn on the average return on the secondary market of the State Obligations to ten years by applying the appropriate differential.

This new regulatory framework gives a global response to the relevant change of circumstances experienced in recent years, in terms that obey more than justified reasons. Investments in these technologies are still protected and are duly encouraged in Spain by this new regulatory framework, which is, without a doubt, as a whole favourable to all of them, among other reasons for enshrining the criterion of review of the remuneration parameters every six years in order to maintain the legally recognised principle of reasonable profitability. In this way, it is a question of consolidating the continuous adaptation that the regulation has experienced in order to maintain this reasonable profitability through a predictable system and subject to temporary concreteness.

In order to articulate this new regime, the repeal of Article 4 of the Royal Decree-Law 6/2009 of 30 April 2009, which takes certain measures in the energy sector and approves the social bond, of the Royal Decree Regulation (EC) No 661/2007 of 25 May 2007 regulating the activity of the production of electrical energy by special scheme and of Royal Decree 1578/2008 of 26 September 2008 on the remuneration of the production of electricity by technology solar PV for installations after the deadline for the maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007 for such technology. However, in order to maintain both the remuneration of the facilities and the other procedures, rights and obligations, provision is made for the provisions of the abovementioned rules to apply, with the exception of certain extremes, on a transitional basis. as long as the new regulation has not been approved.

In this way, the facilities will, where appropriate, be subject to a settlement under this transitional regime and then once the necessary regulatory provisions for the implementation of the new system are adopted. the economic regime, shall be subject to the corresponding regularisation of the payment entitlements or payment obligations resulting from the application of the new methodology, with effect from the entry into force of the actual decree-law.

Therefore, even if the effectiveness of the normative provisions that are adopted with effect from the entry into force of the actual decree-law is fixed, the rule gives the necessary predictability to the agents for establishing the remuneration mechanism, with market share and the perception of remuneration for the investment, and also determines the reasonable rate of return for the type of facility.

On the other hand, for those installations which, at the entry into force of this royal decree-law, have the right to the primary economic system, a profit, before tax, will be determined which will revolve over the average yield. of the last ten years of the State Obligations to ten years, on the secondary market, increased by 300 basis points, and which in any case, can be reviewed at six years.

Secondly, a number of measures of an urgent nature are established in relation to the remuneration of distribution and transport activities.

The methodology for calculating the remuneration of the distribution activity is currently regulated in Royal Decree 222/2008 of 15 February establishing the remuneration scheme for the distribution activity of electric power. This scheme has been amended by Royal Decree-Law 13/2012 of 30 March. Thus, Article 5 states that for the distribution activity, the Minister of Industry, Energy and Tourism will raise the government, for approval, a proposal for a royal decree linking the remuneration for investment of the facilities to the non-amortised service assets, as well as the accrual and collection of the remuneration generated by the facility from 1 January of year n + 2, the year of putting into service of the facility.

Additionally, in Royal Decree-Law 2/2013 of 1 February 2013, of urgent measures in the electricity system and in the financial sector, the criterion of accrual of the abovementioned remuneration was determined, respectively, and in all the methodologies containing updates linked to the Consumer Price Index shall be replaced by the Index of Consumer Prices to constant taxes without any non-processed food or energy products.

Therefore, the approval of Order IET/221/2013, of 14 February, establishing the access tolls from 1 January 2013 and the tariffs and premiums of the special scheme, was made under the Royal Decree 222/2008, February 15, but conditioned on the principles of Royal Decree-Law 13/2012, of March 30 and of Royal Decree-Law 2/2013, of February 1.

In terms of the methodology for calculating and reviewing the remuneration of the transport activity, it is regulated in Royal Decree 2819/1998 of 23 December, which regulates transport and transport activities. distribution of electricity and in Royal Decree 325/2008 of 29 February establishing the remuneration of the activity of transport of electrical energy for installations put into service from 1 January 2008. This remuneration scheme has also been amended by the already mentioned Royal Decree-Law 13/2012 of 30 March and Royal Decree-Law 2/2013 of 1 February 2012 and by Royal Decree-Law 20/2012 of 13 July 2012 of measures to ensure the budgetary stability and the promotion of competitiveness.

In article 6 of the aforementioned Royal Decree-Law 13/2012, of 30 March, it is available that for the transport activity, the Minister of Industry, Energy and Tourism will raise to the Government, for its approval, a proposal of royal decree with the same criterion of accrual and recovery of the remuneration as in the distribution activity. In addition, in Article 39 of Royal Decree-Law 20/2012 of 13 July 2012, as a criterion for the transport activity, the remuneration for investment will be made for those non-amortised service assets on the basis of, for their financial remuneration, the net value of them.

So, as in the case of the distribution activity, we find that at the time of the elaboration of the Order IET/221/2013, of February 14, the regulations regulating the methodology of calculation of the remuneration of the transport activity was Royal Decree 2819/1998 of 23 December and Royal Decree 325/2008 of 29 February, although its application was also subject to the principles outlined in Royal Decree-Law 13/2012 of 30 March, in the Royal Decree-Law 20/2012, of 13 July and in Royal Decree-Law 2/2013, of February 1.

Therefore, in this Royal Decree-Law, Law 54/1997 of 27 November of the Electrical Sector is amended in order to introduce a series of additional remuneration principles for the transport and distribution of energy. power. First, it is noted that the remuneration methodologies for these activities will be considered as the costs necessary to carry out the activity by an efficient and well-managed undertaking, by applying homogeneous criteria throughout the Spanish territory. Secondly, it is claimed that these economic schemes will allow for adequate remuneration for low-risk activity, since the network activities are not directly exposed to the risks inherent in the production market, and because, irrespective of the situation of the claim, the remuneration schemes give the facilities in service a remuneration during the regulatory life of the latter, provided that the latter remains operational. In application of the latter principle, a rate of return on assets linked to the State Obligations plus a differential is established.

However, when this royal decree expired in the first half of the year, it has been chosen to give the proportional proportion of the remuneration collected in Order IET/221/2013, of 14 February, to the entry into force of this royal decree law. Also, from that date, a transitional methodology will be established which will govern until the first regulatory period is initiated under the actual remuneration decrees provided for in Articles 5 and 6 of the Royal Decree-Law 13/2012, of 30 March. All this will ensure the implementation of an adequate rate of annual remuneration, in line with the general provisions.

Measures relating to the modification of the remuneration scheme for special scheme facilities and for transport and distribution activities are taken as a matter of urgency because of the need to reduce costs. of the system immediately in order to initiate the correction of the mismatches at this time, thus avoiding that at the end of the year there may be a new mismatch between the revenues and costs of the system.

On the other hand, Article 12 of Law 54/1997 of 27 November of the Electricity Sector states that the activities for the supply of electricity to be developed in the island and extra-island territories will be the purpose of a special regulation which will address the specificities arising from its territorial location.

For its part, the Royal Decree 325/2008 of 29 February, establishing the remuneration of the activity of transport of electric power for installations put into service from 1 January 2008, establishes that the standards would be unique for the entire national territory, which means that either this cost is included in the calculation of national standards, or specific standards are created for island or extra-island systems.

In order to correctly allocate costs and not create distorted standards, we have chosen to determine specific standards for island or extra-island systems, for which it is necessary to modify several provisions of Royal Decree 325/2008 of 29 February.

The urgency of this change derives from the fact that the remuneration of the years 2008, 2009, 2010 and 2011 cannot be established as definitive until the approval by the Minister of Industry, Energy and Tourism of the unit values for investment and operation and maintenance for island and extra-island systems, which has prevented the final liquidations of those years from being approved, a situation whose persistence, for a longer period of time, is unassuming.

III

Third, a set of measures is contemplated in relation to the Fund for Deficit Entitlement of the Electrical System.

Royal Decree-Law 29/2012 of December 28, of improvement of management and protection in the Special System for Home Employees and other measures of an economic and social nature, in its fourth final provision amends Law 54/1997, November 27, of the Electricity Sector, establishing that the additional deficit to be produced in 2012, beyond the ex-ante limit, will generate collection rights that will, in turn, be transferred by the electricity companies to the Fund for Titling The Electricity System Deficit (FADE). In 2012, the liquidation of the regulated activities has resulted in a value of EUR 5,609 million corresponding to that year's deficit, so the additional deficit in the period amounts to EUR 4,109 million.

The FADE fund finances the acquisition of the receivables that are transferred to it by means of emissions guaranteed by the General Administration of the State. The guarantee granted to FADE, of EUR 22 billion of outstanding balance, did not cover the additional financing needs arising from the possibility of the transfer to FADE of additional receivables in the amount of EUR 4,109 million. Taking into account the remaining available guarantee of FADE according to the corresponding grant order, it would be necessary to grant an additional amount of 4 billion euros in order to have sufficient margin to cover the additional emission requirements and planned refinancing during the life of FADE.

In accordance with Article 114 of Law 47/2003, of November 26, General Budget, the granting of State guarantees requires prior authorization by law with a range of law that includes the maximum amount of grant, the recipient of the same, and the maximum time to grant the endorsement.

Therefore, it is necessary and urgent to amend Article 54 of Law 17/2012 of 27 December 2013 on the General Budget of the State for the year 2013 in order to increase the total limit of the administration's guarantees. General of the State to be granted in the current financial year to the amount of the estimated 4 billion that is deemed necessary and also to include a specific reserve limit reserve for that purpose in paragraph 2 of the same article.

In the fourth place, provision is made for an additional provision on the financing from the State General Budget solely on the part of the electricity generation of the island and peninsular systems.

Thus, and as has been stated above, the impossibility that the General Budget of the State for 2014 can assume all the amounts corresponding to 2013 for the extraction of the island systems and peninsular, it obliges as a matter of urgency, on the one hand, to repeal the additional provision of Royal Decree-Law 6/2009, of April 30, and on the other, to establish the financing from the General Budget of the State only 50 Percent of the extracoste generation in the island and extra-island regime. Thus, the extracoste corresponding to 2013 will be incorporated in the General Budget Law of the year 2014.

IV

Fifth, in this royal decree-law, certain measures are established in relation to capacity payments.

Capacity payments include two types of services: the incentive for long-term capacity investment and the medium-term availability service.

The incentive for long-term investment in capacity is regulated in Order ITC/2794/2007 of 27 September 2007, for which electricity tariffs are revised from 1 October 2007, and is intended to pay back investment in new capacity, which is necessary to ensure demand coverage in the long term. This mechanism encourages the availability of the System Operator of a given installed power that is credited by the start up of the generation facility.

Royal Decree-Law 13/2012 of 30 March, by way of derogation for the year 2012, reviewed the remuneration of the long-term investment incentive provided for in Order ITC/2794/2007 of 27 December 2007, fixing it at 23,400 €/MW/year. In the current context in which the demand for electricity is subject to an intense reduction and where there is a minimum risk of installed capacity, it is considered urgent to extend the reduction of this incentive by fixing it to 10,000 €/MW/year, accompanying this measure of an elongation within the period remaining for its perception to those installations entitled to the collection to the entry into force of the actual decree-law.

Likewise, the application of the said incentive regulated in Order ITC/2794/2007 of 27 September 2007 for new production facilities is abolished, except for those that obtain the entry into service Prior to 1 January 2016.

In addition, two measures in relation to the facilities of the special regime are being carried out immediately in order to avoid any condition in the way of operation of the facilities that could not be corrected. the new methodology is approved. Thus, it is appropriate, on the one hand, to abolish the supplement for efficiency in respect of installations which are perceived in accordance with Article 28 of Royal Decree 661/2007 of 25 May 2007 and, on the other hand, to the abolition of the bonus for reactive energy provided for in Article 29 of the said royal decree. In the present circumstances it is imperative and urgent, as has already been explained, to reduce the costs of the system. In addition, these measures do not affect the profitability of the facilities, as they were not taken into account for the determination of the economic regime.

V

In the actual decree-law, the modification of the system of assumption of the cost of the social bond is also undertaken.

It is well known that the judgment of the Administrative Court of Justice of the Supreme Court of 7 February 2012, for which the ordinary appeal was estimated 419/2010, declared that, on the one hand, Article 2.5 and the Last paragraph of the second transitional provision of Royal Decree-Law 6/2009, of April 30, for which certain measures are adopted in the energy sector and the relative social bond is approved both to the assumption of the cost of the social bond part of certain undertakings in the sector; and, on the other hand, the second provision of the Order ITC/1723/2009 of 26 June 2009, for which access tolls are revised from 1 July 2009 and the fees and premiums of certain special scheme facilities, in which the financing mechanism of the social bond is developed, as the additional third provision of the said order, which collects the reference rates for its application.

For this reason, and in order to comply with this judgment and to give continuity to this measure of additional protection of the right to electricity supply in the framework of Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in electricity and repealing Directive 2003 /54/EC by means of Order IET/843/2012 of 25 April 2012 laying down access tolls for electricity from 1 January 2009. April 2012 and certain fees and premiums of the special scheme facilities, was established, the social bonus as the cost of the electrical system, and therefore, covered by all electrical consumers, and the reference rates for the application of the social bond.

However, such a solution, which was adopted in order to immediately subvene the new situation as determined by the judgment of 7 February 2012 and, in essence, involved the transfer of the cost of the social bond to the whole In the case of consumers, it was never called to remain and it was revealed as particularly inappropriate at the present time, given the particular context of the reduction in revenue and the increase in costs which had previously been mentioned, with serious risk immediate occurrence of further misalignment of non-emergency measures to be taken without delay.

In this regard, it is true that the judgment of 7 February 2012, without prejudice to other possible modalities for the allocation of the equally admissible cost, indicated that it was up to the Government to choose the one which would appropriate, being able to opt "against other solutions present in comparative law, because it is the electricity sector itself that takes care of such social provision or, even, a part of that sector".

In order to contribute to the necessary and urgent cost reduction of the system, it is necessary to amend the cost sharing scheme introduced by Order IET/843/2012 of 25 April 2012, imposing, as a public service obligation, the assumption of the cost of the social bond to the parent companies of companies or groups of companies engaged in the production, distribution and marketing of electricity and having the Vertically integrated groups character.

In fact, the imposition of this obligation on the parent companies allows, even indirectly, to spread the burden among the main business activities involved in the electricity sector. It would certainly be excluded from such a distribution the transport activity, although that exception is considered justified by a regulated activity, developed under a legal monopoly and exclusivity, and thus to the It is not possible to recover from the market the possible cost to be assumed in this concept, which, at the end of the day, would be neutralized by the single carrier, would not be possible, unlike the aforementioned companies or groups of companies. purpose pursued with this modification.

On the other hand, and in line with the requirements resulting from Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009, according to which public service obligations should be clearly defined, transparent, non-discriminatory and controllable, it is established that, in order for the distribution to be equitable, the reciprocal participation of each such undertaking or group of undertakings in the assumption of the cost is proportional to the percentage which corresponds to a calculated amount considering both the number of supplies connected to distribution networks such as the number of customers to which the marketing activity is provided. Similarly, in order to ensure the permanent adequacy of the distribution to the specific circumstances of the sector and to enable its public knowledge and eventual control, it is established that the National Commission of the Markets and the Competition, will calculate each year, without prejudice to its subsequent approval by the Minister for Industry, Energy and Tourism, the applicable rates of distribution and shall give publicity to the information for this purpose.

Additionally, it is contemplated that the characterization of the social bond will be the one that results from the application of the Resolution of June 26, 2009, of the Secretariat of State of Energy, for which the procedure of the implementation is determined in the course of the social bond and in the fourth and fifth additional provisions of Order IET/843/2012 of 25 April 2012 establishing the access tolls from 1 April 2012 and certain fees and premiums for the facilities of the special scheme.

VI

This royal decree-law also includes certain measures relating to the revision of access tolls, the creation of the self-consumption register and the National Commission on Markets and Competences.

It is also determined that the Minister of Industry, Energy and Tourism will proceed to carry out a review of the electricity access tolls. This measure is taken as a matter of urgency, taking into account the impact of the scenario already described as a fall in demand for electricity, which is more pronounced than planned and in line with the changes in the different parts of electricity. costs of the system contained in the actual decree-law.

Likewise, and by amending Law 54/1997, of 27 November, the creation of the administrative register of a specific remuneration system, necessary for the monitoring and correct application of the scheme, is appropriate. (a) economic installations for the production of electrical energy from renewable energy sources, cogeneration and waste with a specific remuneration scheme whose competence lies with the General Administration of the State in which it is exclusive and which must be independent from the administrative register of production facilities where include the data relating to production facilities whose authorisation is either the General Administration of the State or the Autonomous Administrations.

Similarly, the Self-Consumption Register is created for the proper monitoring of consumers with self-consumption supply modalities, which is also necessary for the proper monitoring of their economic regime.

The creation of these records is carried out in this standard because they are essential for the approval of the real decrees in which the regulation of the activity of the production of electrical energy is addressed. of renewable energy sources, cogeneration and waste and the determination of the conditions applicable to other modes of supply of electric energy with self-consumption and production with self-consumption, which are to be processed with a view to immediate.

Consequently, Article 4 of the Royal Decree-Law 6/2009 of 30 April 2009 is repealed, whereby certain measures are adopted in the energy sector and the social bond relating both to the assumption of the cost of the bond is approved. (a) without prejudice to the transitional arrangements which are defined in this royal decree.

On the other hand, there is an urgent need to clarify certain aspects of the transitional arrangements for the acquisition of shareholdings in the energy sector provided for in the additional provision of Law No 3/2013 of 4 December 2013. June, the creation of the National Commission of the Markets and the Competition, until the effective transfer of human, material and technical means to the Ministry of Industry, Energy and Tourism. This transitional rule does not alter the new legal regime for such communications introduced by that law.

As for, the approval of some of the measures contemplated in this royal decree-law must be accompanied by the corresponding regulatory development of the matters of this royal decree-law and of the own Law 54/1997, of 27 of November, it is necessary to establish in an express way that the reports that are requested in this field to the National Commission of the Markets and the Competition will be issued with urgent character, after consultation to the Advisory Council of Electricity, in the the hearing procedure shall be substantiated.

VII

Finally, this royal decree-law amends Law 38/1992, of December 28, of Special Taxes in relation to the excise duty on coal.

Law 15/2012 of December 27, of fiscal measures for energy sustainability, amended Law 38/1992 of 28 December of Special Taxes, increasing the tax applicable to coal up to 0.65 euros per year. gigajoule. However, in order to maintain the competitiveness of the industrial sector and to put the different consumers of coal and natural gas on an equal footing for similar purposes and uses, it is considered necessary to establish a reduced rate of EUR 0,15 per gigajoule for coal intended for use for professional purposes, provided that it is not used in generation and cogeneration processes, and within the Community framework provided for by Council Directive 2003 /96/EC, 27 October 2003 for the restructuring of the Community system of the taxation of the energy products and electricity.

As a consequence of the foregoing and in order to ensure differentiation in the imposition based on the different purposes, it is considered appropriate to specify in the Law Regulatory of the Special Taxes that is understood by 'coal intended for use for professional purposes'.

Also, given the impossibility of knowing exactly, at the time of the supply of coal to a cogeneration plant of electrical energy and useful heat, the tax burden to be borne by the final consumer and In order to adjust this, as far as possible, to the reality, a percentage of the provisional allocation of the amount of coal on which the various tax rates covered by Law 38/1992 of 28 December 1992 on taxes will be applied is fixed. Special. For this reason, it is necessary, on the one hand, to establish the necessary speciality in the rules of impact of the tax, with respect to the taxable persons carrying out these supplies, and, on the other, to collect the obligation to regularise the amount of the quotas passed on in accordance with the final target percentage of coal.

In addition, a new infringement is made for the incorrect communication of data to the taxable persons in relation to the coal supplies that are carried out with the tax rate of EUR 0.15 per gigajoule.

The peremptory of the above equalization among the different consumers of coal and natural gas makes the circumstances of extraordinary and urgent need to adopt this measure.

For all the above, in the adoption of the set of measures that are approved, the demands of extraordinary and urgent need required by Article 86 of the Spanish Constitution of 27 of December 1978. Extraordinary and urgent need arising from the aforementioned reasons for consumer protection in a context of economic crisis, and guarantee of the economic sustainability of the electricity system, and whose immediate validity is essential so that the regulatory modification can have the effectiveness that is intended.

In its virtue, making use of the authorization contained in Article 86 of the Constitution, on the proposal of the Minister of Industry, Energy and Tourism, and after deliberation of the Council of Ministers at its meeting of July 12, 2013,

DISPONGO:

Article 1. Amendment of Law 54/1997 of 27 November of the Electrical Sector.

Law 54/1997 of 27 November of the Electrical Sector is amended as follows:

One. A new paragraph is added to Article 16 with the following wording:

" 11. The remuneration methodologies for the transport and distribution activities shall be considered as the costs necessary to carry out the activity by an efficient and well-managed undertaking, by applying the basic criteria to be applied. Homogeneous throughout the Spanish territory. The economic regimes of the network activities shall allow for adequate remuneration for a low-risk activity. To this end, the rate of financial remuneration of the asset entitled to remuneration in charge of the electricity system of the transport and distribution undertakings shall be referred to the performance of the State Obligations to ten years on the market increased secondary with a differential. "

Two. Article 30.4 is amended as follows:

" 4. In addition, and in terms of the actual decree of the Council of Ministers, to be determined, to the remuneration for the sale of the generated energy valued at the price of the market, the facilities will be able to receive a reward specifies a term per unit of installed power, covering, where applicable, the investment costs of a type installation which cannot be recovered by the sale of the energy and a term to the operation covering, where appropriate, the the difference between the operating costs and the revenue from the market share of the holding type installation.

For the purpose of calculating such specific remuneration, for a type installation, over its regulatory life and in reference to the activity carried out by an efficient and well-managed undertaking:

a) The standard revenues from the sale of the generated energy valued at the price of the production market.

b) Standard operating costs.

c) The standard value of the initial investment.

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

As a consequence of the unique characteristics of the island and extra-island electrical systems, specific type-specific installations may be defined for each of them.

This remuneration scheme will not exceed the minimum level necessary to cover the costs of competing facilities on an equal basis with the rest of the technologies on the market and which make it possible to obtain a reasonable profitability by reference to the type installation in each applicable case. By way of derogation, the remuneration scheme may, by way of derogation, also include an incentive for investment and execution in a specified period of time when its installation involves a significant reduction in costs in island and island systems. Extra-insular.

This reasonable return will, before tax, turn on the average return on the secondary market from the State Obligations to ten years by applying the appropriate spread.

The parameters of the remuneration scheme may be reviewed every six years. "

Three. The first paragraph of Article 30.5 is amended as follows:

" 5. The Government, after consultation with the Autonomous Communities and Cities of Ceuta and Melilla, may determine the right to pay based on the principles laid down in paragraph 4 for those installations for the production of electricity from (a) cogeneration or use as primary energy, non-consumable and non-hydraulic renewable energy, biomass, biofuels or agricultural, livestock or service residues, even if the electrical energy production facilities have a installed power exceeding 50 MW. '

Four. In Article 30, paragraphs 8 and 9 are added with the following wording:

" 8. For the purposes of this law, biomass shall be understood as the biodegradable fraction of the products, wastes and residues of biological origin from agricultural activities, including substances of plant origin and animal origin, of forestry and related industries, including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste.

9. For the granting and proper monitoring of the specific remuneration granted to production facilities from renewable energy sources, cogeneration and waste, the Registry is hereby established in the Ministry of Industry, Energy and Tourism. of a specific remuneration scheme, including the remuneration parameters applicable to such installations.

Your organization will be established, as well as the procedures and effects of registration and cancellation on such registration.

The registration of the installation in the Register of specific remuneration shall be a necessary requirement for the application of the specific remuneration scheme. "

Five. Paragraph 4 of the additional twenty-first provision is amended, which is read as follows:

" 4. However, for the years 2009, 2010, 2011 and 2012, the revenue shortfall provided for in the provision for which the corresponding access tolls were approved will not exceed € 3.5 billion, € 3 billion, € 3 billion euros and 1.5 billion euros, respectively.

Also, the temporary disadjustments of electricity system settlements that occur in 2010, up to a maximum amount of 2.5 billion euros, and in 2012, in the amount of 4,109,213 thousand euros, will have the consideration Revenue deficit of the system of electricity liquidations for 2010 and 2012, respectively, which will generate receivables that may be transferred by its holders to the Fund for Deficit Entitlement of the Electricity System, considering the amount for the year 2012 as definitive for the purpose of disposal. '

Six. An additional twenty-seventh provision is added with the following wording:

" Additional twenty-seventh disposition. Administrative registration of self-consumption of electrical energy.

For the proper monitoring of consumers covered by the electric power supply arrangements provided for in Article 9.g) of this law and those associated with production facilities that are connected in the interior of its network or through a direct line, it is created, in the Ministry of Industry, Energy and Tourism, the Administrative Registry of self-consumption of electrical energy, which will contain the information regarding the consumers and their facilities associated.

Your organization will be set up. "

Article 2. Amendment of Law 17/2012, of December 27, of General State Budgets for the year 2013.

Law 17/2012 of 27 December of the General Budget of the State for the year 2013 is amended as follows:

One. Article 54 (1) is worded as follows:

" One. The maximum amount of guarantees to be granted by the General Administration of the State during the financial year 2013 shall not exceed EUR 165,043,560 000. '

Two. A paragraph (d) is added to Article 54 (2) with the following wording:

" (d) EUR 4,000,000 thousand to ensure, in accordance with the provisions of the additional provision twenty-first of Law 54/1997 of 27 November 1997, of the Electricity Sector, the economic obligations payable to the Fund (a) the Electricity System Deficit, which is derived from the emissions of financial instruments that the Fund carries out in respect of the receivables that constitute the asset of the Fund. "

Article 3. Remuneration for the distribution and transport of electricity from 1 January 2013 until the entry into force of this Royal Decree-Law.

1. The remuneration of each distribution company, from 1 January 2013 to the date of entry into force of this Royal Decree-Law, shall be the proportional share up to that date as set out in Articles 2.2 and 2.3 of Order IET/221/2013, of 14 February. This remuneration shall be final.

However, those undertakings which, prior to the entry into force of this Royal Decree-Law, have requested a review of the remuneration for the year 2013 under the provisions of Annex I to that Order. IET/221/2013 of 14 February 2013, or as a result of mergers and acquisitions of distribution companies or of acquisitions of distribution assets to other companies, may be amended as a result of the remuneration of the first period in the order of the Minister Industry, Energy and Tourism, prior to the report of the National Commission of the Markets and the Competence.

2. The remuneration of each operator of transport facilities, from 1 January 2013 to the date of entry into force of this Royal Decree-Law, shall be the proportional share up to that date as set out in Article 1 of the Treaty. Order IET/221/2013 of 14 February. This remuneration shall be final.

Article 4. Method of remuneration for the electrical energy distribution activity.

1. The Minister of Industry, Energy and Tourism, with the agreement of the Government's Delegation for Economic Affairs, will approve the remuneration for each of the distribution companies for the period from the entry into force of the This is a real decree-law until 31 December 2013, which will be referred to as the second period of 2013.

To this end, the Ministry of Industry, Energy and Tourism will immediately forward to the National Commission of the Markets and the Competition to report a proposal of remuneration for each of the companies that will be calculated by application of the methodology set out in Annex I.

Without prejudice to the amounts which are calculated at the time and are approved for the quality and loss reduction incentives, the remuneration for the distribution activity shall be calculated according to the methodology shall be final.

2. The remuneration to be collected from 1 January 2014 until the first regulatory period is initiated under the actual payment order for the distribution activity referred to in Article 5 of Royal Decree-Law 13/2012, of 30 March, shall be calculated in accordance with the methodology set out in Annex II to this Royal Decree-Law.

Without prejudice to the amounts which are calculated at the time and are approved for the quality and loss reduction incentives, the remuneration for the distribution activity shall be calculated according to the methodology shall be final.

The Minister of Industry, Energy and Tourism, with the agreement of the Government's Delegation for Economic Affairs, will approve the remuneration for this period. To this end, before 1 October each year, the National Commission on Markets and Competition will send to the Ministry of Industry, Energy and Tourism a proposal for remuneration for each of the distribution companies.

The National Commission of the Markets and Competition will forward together with the proposal of remuneration for each company identified in the previous section the one of all the parameters of Annex II that are necessary for the calculation of this.

3. In the event that a particular undertaking does not have any of the data necessary for the determination of its remuneration in accordance with Annexes I and II, the average values shall be used for the calculation of the remuneration. representative of the sector.

Article 5. Method of remuneration for the electrical energy transport activity.

1. The Minister of Industry, Energy and Tourism, with the agreement of the Government's Delegation for Economic Affairs, will approve the remuneration for each of the companies holding transport facilities for the period from the entry into force of this royal decree-law until 31 December 2013, which will be referred to as the second period of 2013.

To this end, the Ministry of Industry, Energy and Tourism will immediately forward to the National Commission of the Markets and the Competition to report a proposal of remuneration for each of the companies that will be calculated by application of the methodology set out in Annex III.

Without prejudice to the amounts that are calculated at the time and are approved for the incentive of availability and the remuneration for the investment and the operation and maintenance associated with the investments declared as unique and in service before 31 December 2011, the remuneration for the transport activity calculated in accordance with that methodology shall be final.

2. The remuneration to be paid from 1 January 2014 until the first regulatory period is initiated under the royal decree of remuneration for the transport activity referred to in Article 6 of Royal Decree-Law 13/2012, of 30 March, shall be calculated in accordance with the methodology set out in Annex IV to this Royal Decree-Law.

Without prejudice to the amounts that are calculated at the time of the transport network availability incentive, the remuneration calculated in accordance with that methodology shall be final.

The Minister of Industry, Energy and Tourism, with the agreement of the Government's Delegation for Economic Affairs, will approve the remuneration for this period. To this end, before 1 October each year, the National Commission on Markets and Competition will send to the Ministry of Industry, Energy and Tourism a proposal for the remuneration of each of the companies holding the transport.

The National Commission of the Markets and Competition will forward together with the proposal of remuneration for each company identified in the previous section the one of all those parameters of Annex IV that are necessary for the calculation of this.

3. In the event that a particular undertaking does not have any of the data necessary for the determination of its remuneration in accordance with Annexes III and IV, the average values shall be used for the calculation of the remuneration. representative of the sector.

Article 6. Fee for remuneration during the lifetime of the remuneration methods of the network activities foreseen in this royal decree-law.

1. With effect on the remuneration to be paid from the entry into force of this Royal Decree-Law, during the period in which Articles 4 and 5 of this Royal Decree-Law apply, the rate of remuneration of the asset entitled to pay a charge of the electric power transmission and distribution system shall be the average of the performance of the State Obligations to ten years on the secondary market of the three months prior to the entry into force of the increased standard with a differential.

2. For the calculation of the remuneration for transport and distribution in the second period of 2013, which has elapsed since the entry into force of this Royal Decree-law until 31 December 2013, in the financial remuneration rate indicated in the Previous section the differential will take a value of 100 basis points.

3. For the purposes of calculating the remuneration to be paid as from 1 January 2014 and for subsequent years in which Articles 4.2 and 5.2 of this Royal Decree-law were applicable, the rate of financial remuneration referred to in the first paragraph shall be differential will take a value of 200 basis points.

Article 7. Incentive for investment.

1. The amount corresponding to the incentive for long-term capacity investment for production facilities as set out in Annex III to Order ITC/2794/2007 of 27 September 2007, for which they are reviewed, is fixed at € 10,000 /MW/year. the electricity tariffs as from 1 October 2007.

2. For those facilities which have the right to such an incentive for the entry into force of this royal decree-law, the period during which they are entitled to receive the amount shall be twice as long as the period for covering the period of 10 years. years referred to in Annex III to Order ITC/2794/2007 of 27 September for the review of electricity tariffs as from 1 October 2007, and shall be calculated by taking the date of entry into force of the actual present as the starting date decree-law, according to the following formula:

Recovery Term = (FecFin-FecStart) * 2

Being:

Deadline for recovery: Deadline with the right to the payment of the long-term capacity service, expressed in days, as of the entry into force of the actual present decree-law.

Date: End date of the 10-year period of each installation set up in accordance with the provisions of Annex III of Order ITC/2794/2007, 27 September.

Date: Date of entry into force of this actual decree-law.

3. Production facilities which, at the entry into force of this Royal Decree-Law, were not definitively entered in the first section of the Administrative Register of Electrical Power Production Facilities of the Ministry of Energy Industry, Energy and Tourism shall not be entitled to the said incentive under Order ITC/2794/2007 of 27 December 2007, unless they have been put into final service before 1 January 2016, in which case they may be entitled to receive an amount of € 10,000 /MW/year over a period of 20 years.

Article 8. Sharing of the cost of the social bonus.

1. The cost of the social bond shall be borne by the parent companies of the groups of companies or, where appropriate, companies, which simultaneously develop the activities of production, distribution and marketing of electrical energy.

2. The percentage of the allocation of the amounts to be financed shall be calculated for each business group as the ratio between a term which shall be the sum of the annual averages of the number of supplies connected to the distribution networks of the undertakings concerned. distribution and the number of customers of the marketing companies participating in the group, and another term corresponding to the sum of all the average annual supplies and customers of all the business groups that must be considered for the purposes of this distribution.

This share percentage will be calculated annually by the National Markets and Competition Commission. For these purposes, the Commission will publish on its website in November of each year the information relating to the annual averages of the number of supplies connected to the distribution networks of the distribution companies and the number of of customers of the trading companies, as well as the relationship of groups of companies or, where applicable, companies, which satisfy the requirement laid down in paragraph 1.

The Commission shall forward by 1 December each year a proposal for the fixing of the percentages to be allocated to each of the parent companies, corresponding to the Minister for Industry, Energy and Tourism its approval in order to be published in the "Official State Gazette".

The contributions to be made by each of these companies shall be deposited in a specific account under the deposit scheme created for that purpose by the settlement body, which shall be responsible for its management.

3. By order of the Minister for Industry, Energy and Tourism, the procedure and the conditions under which the contributions corresponding to each of the companies will be made will be modified.

Article 9. Price revision of power access tolls.

Exceptionally, the Minister of Industry, Energy and Tourism, with the agreement of the Government Delegation for Economic Affairs, will be able to review the prices of the terms of power and the terms of active energy of access tolls at a quarterly maximum frequency, in the event of circumstances that affect the regulated costs or the parameters used for their calculation in a relevant way.

Additional disposition first. Reasonable profitability of production facilities with the right to primary economic status.

For the purposes of the penultimate paragraph of article 30.4 of Law 54/1997, of 27 November, for installations which at the date of the entry into force of this royal decree law were entitled to a regime First, the reasonable profitability will be, before tax, on the average return on the secondary market of the ten years preceding the entry into force of the present real decree of the Obligations of the State to ten years increased by 300 basis points, all without prejudice to the revision provided for in the last paragraph of the Cited article.

Additional provision second. The urgent character of the reports.

The National Commission of the Markets and the Competition will issue as a matter of urgency, after consulting the Advisory Council of Electricity, the reports required by the Ministry of Industry, Energy and Tourism in the development of the materials of this royal decree-law and of Law 54/1997, of 27 November, of the Electrical Sector within the maximum period of 15 days. This period shall be 7 days in the case provided for in the fourth final provision.

The urgent character must be expressly stated in the report request writing.

Additional provision third. Competence to learn about the taking of shareholdings in the energy sector.

1. The National Commission of the Markets and the Competition shall be competent to know of the operations of taking participations in the energy sector in accordance with the provisions of the additional provision of Law No 3/2013 of 4 June 2013. the creation of the National Markets and Competition Commission, until the Ministry of Industry, Energy and Tourism has the necessary means to exercise effective competition in accordance with the provisions of the provisions of the Third and fourth transitional provisions of the law.

By Order of the President of the Ministry of the Presidency, a joint proposal of the ministers of Industry, Energy and Tourism, Economy and Competitiveness and Finance and Public Administrations will be determined the date from which the Ministry of Industry, Energy and Tourism will take over the exercise of this competence, as well as the others attributed to it by Law No 3/2013 of 4 June.

Until that date the communications that with such an object must be carried out will be directed to the National Commission of the Markets and the Competition, to which it will be the responsibility to resolve on those operations of taking participations in the the terms set out in that additional provision, ninth of Law No 3/2013 of 4 June, and the remaining implementing rules.

2. The jurisdiction to sanction the failure to comply with the obligation of communication or the conditions and obligations imposed on the companies subject to the operations communicated shall be the responsibility of the National Commission of the Markets and the Competition and the General Administration of the State from the date on which the order in the preceding paragraph produces effects.

3. The ongoing proceedings initiated after the entry into force of Law No 3/2013 of 4 June will be dealt with and will be resolved in accordance with the provisions of this provision.

Additional provision fourth. Financing for the production of land in island and extra-island territories.

The extractions are derived from the activities of the production of electrical energy when they are developed in island and extra-island territories according to the provisions of article 12.3 of Law 54/97, of 27 November, of the The electricity sector will be financed by 50 percent of the general budget of the State. For these purposes, the extractions for each year shall be incorporated in the General Budget Law of the year after, in the terms fixed therein.

Budget offsets will not have the cost consideration of the electricity system. Regulations, with the participation of the General Intervention of the State Administration, will determine a mechanism for the control and recognition of the budgetary compensation, as well as the procedure for the liquidation of the same.

In any event, the settlement fund managed by the settlement body will act as a subsidiary financing mechanism, with only the nature of the costs of the system for these purposes. electrical.

Additional provision fifth. References to the National Commission on Markets and Competition.

The references included in the actual decree-law to the National Commission of the Markets and the Competition will be understood to be done to the National Energy Commission until the implementation of the National Commission of the Markets and Competition.

First transient disposition. Characterization and distribution of the cost of the social bond.

1. Before 1 July 2014, the review of the characterization of the social bond will be carried out. Until such a review takes place, that characterisation will be that referred to in the second transitional provision of Royal Decree-Law 6/2009 of 30 April 2009 laying down certain measures in the energy sector and approving the In the resolution of 26 June 2009, of the Secretariat of State of Energy, determining the procedure for the implementation of the social bond and the fourth and fifth provisions of Order IET/843/2012, of 25 April, by which access tolls are established as of 1 April 2012 and certain tariffs and premiums of the facilities of the special scheme.

2. For the purposes of the immediate application of the provisions of Article 8 of this Royal Decree-Law, the National Markets and Competition Commission shall send a proposal for the establishment of the national markets and the competition on a date not later than 15 September 2013. the percentages of financing referred to in that Article to the Ministry of Industry, Energy and Tourism for approval by order, which shall be published in the Official Gazette of the State. Until the approval of that order, the cost of the social bond will be covered by the system, as provided for in Order IET/843/2012, of April 25.

The Commission will use the information relating to the annual averages of the number of supplies connected to the distribution networks of the distribution companies and the number of customers of the marketing companies for the last available mobile year, and shall publish on its website such information as well as the relationship of groups of companies or, where appropriate, companies, which meet the requirement laid down in that Article 8.

Second transient disposition. Settlement of remuneration during the second remuneration period of 2013 for transport and distribution activities.

Until the approval of the remuneration of the second regulatory period of 2013 referred to in Articles 4.1 and 5.1 the amounts due account to be provisionally considered in the settlement of the the remuneration of the second period shall be, for each of the distribution and transport undertakings, the proportion of the remuneration shown in the proposal for remuneration referred to in the second paragraph of the said Article 4.1 and in the second paragraph of Article 5.1.

Once the corresponding ministerial orders have been approved, the payment obligations or, where applicable, the receivables resulting from their application shall be settled with the following settlement which is responsible for the same after the date on which those orders are approved. These amounts shall be considered as income or liquidable cost of the system for the purposes laid down in the procedure for the settlement of the costs of the electricity system.

Transitional provision third. Transitional application of Article 4 of Royal Decree-Law 6/2009 of 30 April 2009 laying down certain measures in the energy sector and approving the social bond, of Royal Decree 661/2007 of 25 May 2007 governing the activity of the European Community for the production of electrical energy by special scheme and Royal Decree 1578/2008 of 26 September 2008, for the remuneration of the production of electricity by means of solar photovoltaic technology for installations after the date limit for the maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007 for that technology.

1. By way of derogation from the derogation provision unica.2, as provided for in Article 4 of Royal Decree-Law 6/2009 of 30 April 2009 laying down certain measures in the energy sector and approving the social bond, in the Royal Decree Regulation (EEC) No 4061/2007 of 25 May 2007 regulating the activity of the production of electrical energy by special scheme and in Royal Decree 1578/2008 of 26 September 2008 of 26 September of remuneration for the production of electrical energy by solar photovoltaic technology for installations after the deadline of maintenance of the remuneration of Royal Decree 661/2007, of 25 May, for such technology, will be applied on a transitional basis until the approval of the necessary provisions for the full application of the royal decree to which the final disposition of the actual decree-law, with the exception of Article 28 and the percentage of allowance for compliance in the power factor range between 0,995 inductive and 0,995 capacitive in Annex V to the Royal Decree 661/2007, dated May 25.

2. The institution responsible for the liquidation shall pay, in the form of payment on account, the liquidable concepts accrued by special scheme facilities, and those of ordinary scheme with a remuneration premium under the Royal Decree 661/2007, May 25, in application of the provisions of the actual decrees.

The payment entitlements or payment obligations resulting from the application of the methodology to be established pursuant to the provisions of the second final provision, to the energy produced since the entry into force of the actual present Decree-law until the entry into force of the provisions necessary for the full application of the new remuneration regime, shall be settled by the body responsible for them in the six settlements after the entry into force of the said provisions. Such liquidations shall, in any event, correspond to the same financial year and the amounts shall be regarded as cost or liquidable income of the system, as appropriate, for the purposes laid down in the procedure for the settlement of the costs of the system. electrical.

Single repeal provision. Regulatory repeal.

1. All rules of equal or lower rank are repealed as soon as they contradict or oppose the provisions of the actual decree-law.

2. Expressly repealed:

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

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

(c) Article 4, the first provision and paragraph 2 of the fifth transitional provision of Royal Decree-Law 6/2009 of 30 April 2009 laying down certain measures in the energy sector and approving the social bonus.

Final disposition first. Competence title.

This royal decree-law is issued under the terms of Article 149.1.13. and the 25th of the Constitution, which attribute to the State exclusive competence in the field of bases and coordination of the general planning of economic activity and energy and mining bases, respectively.

notwithstanding the foregoing, the fifth final provision is made pursuant to Article 149.1.14. of the Constitution which confers exclusive competence on the State on the subject of General Finance.

Final disposition second. New legal and economic regime for production activity from renewable energy sources, cogeneration and waste with primary economic status.

The Government, on the proposal of the Minister of Industry, Energy and Tourism, will approve a real decree regulating the legal and economic regime for the production facilities of electric power from energy sources Renewable energy, cogeneration and waste with primary remuneration, which will modify the remuneration model of existing installations.

This new model will be in accordance with the criteria provided for in Article 30 of Law 54/1997 of 27 November of the Electrical Sector, introduced by this royal decree-law and will be applicable from the entry into force of the present royal decree law.

notwithstanding the foregoing, the specific remuneration scheme to be established for the thermoelectric solar technology installations awarded under the scheme provided for in the additional provision of Royal Decree 1565/2010, On 19 November, in respect of which certain aspects relating to the activity of the production of electrical energy are regulated and modified, it shall consist of a single term for the operation whose value shall be the result of the offer economic for which they will be awarded.

Final disposition third. Amendment of Royal Decree 325/2008 of 29 February establishing the remuneration of the activity of transport of electrical energy for installations put into service as from 1 January 2008.

Royal Decree 325/2008 of 29 February establishing the remuneration of the activity of transport of electrical energy for installations put into service as from 1 January 2008 is amended in the following terms:

One. Article 4.1 is worded as follows:

" 1. The definitive recognised value of the investment of the fixed assets (VIi) of each authorised facility, where the latter is required to apply the reference unit values which the government determines to regulate, shall be calculated as the sum the actual value of the investment made, duly audited, plus 50% of the difference between the difference between the one resulting from the application of the unit values to be determined and the actual value. This calculation will be done whether the difference is positive or negative. In addition, in the event of a negative difference, a technical audit should be provided to justify that the costs incurred are higher than the unit values for their particular characteristics.

The reference unit values shall be determined in accordance with the average cost values of the infrastructure whose technical design and operating conditions are adapted to the standards used in the system. electrical.

The reference unit values calculated for the peninsular system shall be unique for the entire Spanish territory, without prejudice to the following paragraph.

By order of the Minister of Industry, Energy and Tourism, the reference unit values will be established for those installations that have a transport network consideration in the island's electrical systems and (i) As a consequence of the unique characteristics derived from their territorial location, these unit values may be different for each of the systems or subsystems to be determined for these purposes, although they will be unique in each of the these subsystems

For the calculation of the actual investment securities, those indirect taxes in which the current tax law provides for its exemption or refund will be deducted. In addition, the public authorities ' perceived subsidies will be deducted, and in their case the facilities financed and transferred by third parties. In the case of grants from European Union bodies, 90% of the amount received will be deducted.

The approval of the execution project shall specify the parameters necessary for the calculation of the unit values of reference of the investment costs and of the operating and maintenance costs. "

Two. The last paragraph of Article 4.2 is worded as follows:

" The revision of unit values shall be carried out every four years. This review shall be carried out in accordance with the average cost values of the infrastructure whose technical design and operating conditions are adapted to the standards used in the national electricity system. These values shall be unique for the entire peninsular territory and for each of the systems or subsystems to be determined for these purposes. '

Three. Article 6.5 is amended as follows:

" 5. Once the definitive values of real investment are known, the Minister of Industry, Energy and Tourism will establish the definitive remuneration to be paid by each of the companies that hold electricity transport facilities. The settlement body, in the settlement immediately after the date of the approval, shall settle the differences between the remuneration on account and the final payment, from the date on which they became due. '

Final disposition fourth. Price revision of power access tolls.

Without prejudice to the provisions of Article 9 of this Royal Decree-Law, the Minister of Industry, Energy and Tourism shall approve, with the agreement of the Government Delegation for Economic Affairs, and within the maximum period of a This is the first time since the entry into force of this royal decree-law, a revision of the prices of the terms of power and the active energy terms of the tolls of access to the networks defined in Law 54/1997, of 27 November, of the Electrical Sector, and in its development regulations.

Final disposition fifth. Amendment of Law 38/1992 of 28 December of Special Taxes.

Law 38/1992, of December 28, of Special Taxes is amended as follows:

One. Article 84 is amended as follows:

" Article 84. Tax rates.

1. The tax shall be required in accordance with the following

:

Heading 1.1: Carbon intended for use for professional purposes as long as it is not used in cogeneration processes and direct or indirect generation of electricity: EUR 0.15 per gigajoule.

For the purposes of this Epiphany, coal is considered to be used for the purposes of professional use for the supply of coal for consumption in industrial plants and installations, excluding from which it is used for produce useful thermal energy whose final use occurs in establishments or premises which do not have the condition of industrial plants or plants. It shall also have the consideration of coal intended for use for professional purposes, the coal used in agricultural crops.

Epigrafe1.2: Carbon destined for other uses: 0.65 euros per gigajoule.

2. In the case of supplies of coal intended for use in a cogeneration plant of electrical energy and useful thermal energy, subject to the requirement of accreditation of compliance with the equivalent electrical performance referred to in the development of Law 54/1997 of 27 November of the Electrical Sector, the tax rates covered by the headings 1.1 and 1.2 of this Article shall be applied on the basis of the percentage of coal corresponding to the production of electricity measured in alternator terminals and useful thermal energy, in accordance with the procedure to be regulated. "

Two. A paragraph is added to Article 85 (1), which is worded as follows:

" In coal supplies carried out under the terms of Article 84.2 of the Act, taxable persons who have passed on the amount of the contributions due on the basis of a provisional percentage reported by the holders (a) power and thermal energy cogeneration plants shall regularise the amount of the shares passed on in accordance with the final percentage of the coal's destination, once known, by means of the procedure laid down in this Regulation; regulentarily. "

Three. Article 87 is amended as follows:

" Article 87. Infringements and penalties.

1. In the case of coal supplies carried out under the tax rate laid down in Article 84 (1) (1) (b), it is a serious tax offence to communicate false or inaccurate information to taxable persons, where the the impact of quotas lower than those coming.

The basis of the penalty will be the difference between the fees that would have been passed and the ones actually passed on.

The penalty will consist of a 50 percent proportional pecuniary fine.

2. The other tax infringements in this tax will be qualified and sanctioned in accordance with the provisions of Law 58/2003 of December 17, General Tax. "

Final disposition sixth. Amendment of Law 3/2013 of 3 June of the creation of the National Commission on Markets and Competition.

A paragraph 3 is added in the eighth additional provision of Law No 3/2013 of 3 June of the creation of the National Commission on Markets and Competition with the following wording:

" 3. In the electricity and hydrocarbon sector: know the taking of shareholdings in the energy sector. "

Final disposition seventh. No increase in expenditure.

The creation of the records referred to in the actual decree-law will not increase public expenditure, and the expenses arising from its operation will be charged to the expenditure budget of the Ministry of Industry, Energy and Tourism to which they are attached.

Final disposition octave. Amendment of regulatory provisions.

1. Determinations included in regulatory standards that are subject to modification by this royal decree-law may be modified by rules of the regulatory range corresponding to the standard in which they are listed.

2. The Minister for Industry, Energy and Tourism is also enabled to amend and develop the content of Articles 4, 5 and 7 and the annexes to this royal decree.

Final disposition ninth. Regulatory enablement and regulatory development.

The Government and the Minister of Industry, Energy and Tourism are empowered to dictate how many provisions are necessary for the development and implementation of what is established in this royal decree-law.

In particular, the Government is authorised to amend the indexation of the remuneration of the different regulated activities in the electricity sector.

Final disposition tenth. Entry into force.

This royal decree-law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid, on July 12, 2013.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY

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