Royal Decree 738/2015, 31 July, Which Regulates The Activity Of Production Of Electrical Energy And The Procedure Of Release In The Electrical Systems Of The Non-Peninsular Territories.

Original Language Title: Real Decreto 738/2015, de 31 de julio, por el que se regula la actividad de producción de energía eléctrica y el procedimiento de despacho en los sistemas eléctricos de los territorios no peninsulares.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8646

I the Law 54/1997, of 27 November, the Electricity Sector, decided that activities for the supply of electricity which will be developed in the insular electrical systems and extrapeninsulares (today the non-peninsular territories electrical systems) would be the subject of singular regulation, due to the specific characteristics that present on the Mainland system, derived from their territorial location and its isolated character.

At the same time the Act, in order to maintain prices equivalent to that result from the Mainland offers system, and taking into account the increased cost of predictable generation, derived from the structure of isolated systems, established a mechanism for economic support, which ensure the purpose, avoiding discrimination consumers, and marketers, without harming the economic of each one of the systems and energy efficiency.

Why it is preceptuó that the activity of production of electrical energy, may be excluded from the system of offers and be remunerated with reference to the structure of the Mainland system prices to which one could add an additional remuneration that took into consideration all costs specific to these systems and the costs of this activity of production of electrical energy that could not be borne charged to income earned in these territorial fields.

This law was the subject of development mainly by the Royal Decree 1747 / 2003, of 19 December, which regulates the electrical systems island and extrapeninsulares, the order ITC/913/2006, of March 30, by which approve the method of calculation of the cost of each of the fuels used and the procedure of dispatch and settlement of energy in the insular and extrapeninsulares electrical systems as well as by the order ITC/914/2006 30 March, by which establishes the method of calculation of the remuneration of guarantee of power generation facilities in ordinary regime of the island and extrapeninsulares electrical systems. With this regulation principles adapted to the peculiarities of these systems with the dual objective of guaranteeing the supply of electrical energy and its quality, so that it takes place at the lowest possible cost.

In this way and in relation to the generation, was created a mechanism for release of the production units in order of economic merit to meet the expected demand, taking into account the levels of safety and quality. The system attendant performs the economic office of the production units in each system, based on the variable costs of production plants.

The aforementioned regulations established the following concepts of variable cost: variable operating cost, the cost of boot, the variable cost of operation and maintenance operation, hot reserve cost and the cost of the regulation band.

As a counterpart to economic dispatch and remuneration of the generation system, a mechanism of economic support for buyers of energy was established in the demand side to ensure that discrimination with respect to their counterparts in the Mainland system.

In addition to variable costs of power plants, used to make the firm, production provided also a compensation for other concepts of fixed nature, called in its day guarantee of power. The guarantee of power sought to reward investment and fixed operation and maintenance costs, taking into account the specific level of reserve which is necessary to maintain these electrical systems and the extra cost of the specific technologies used.

The specific legislation of these territories also developed the procedure of liquidation of energy considering the specific conditions of the economic dispatch of the generation and the purchase of energy indicated above.

II however, the lack of convergence between the revenues and costs of compensation regulated in the electricity sector activities generated a growing debt of the electrical system. At the heart of the reform of the electricity sector to the Ministry of industry, energy and tourism is conducting to eradicate definitively the imbalances between revenues and costs, the Secretariat of State of energy of the Ministry of industry, energy and tourism instructed the National Energy Commission which prepare a report on adjustment measures regulatory that could take the energy sectors. Fruit of that trust the cited Committee carried out the report on the Spanish energy sector's 7 March 2012, which discussed, among other issues, the evolution of compensation for generation in the non-peninsular territories activity and proposed a series of measures, which are going through the revision of the regulations in force.

The first of the measures taken was the adoption of Royal Decree-Law 13/2012, of March 30, by which is transposing directives in the field of electricity and gas markets and in the area of electronic communications and which adopt measures for correction of deviations by mismatches between costs and income from gas and electric sectors laying down the criteria to be considered in determining remuneration of generation in ordinary regime in the electrical systems of the non-peninsular territories as well as a mandate to the Government to review the remuneration model of fixed and variable costs of generation plants in these electrical systems taking into account these criteria.

In second place, and in the same vein the Royal Decree-Law 20/2012, July 13, measures to ensure the budgetary stability and promotion of competitiveness, determined that regulatory revisions of the retributive model of power plants of production in these systems to be developed would be implementation from January 1, 2012. For these purposes, being carried out some of these modifications to the model of remuneration, incorporating the proposals contained in the report of the National Commission of energy on the Spanish energy sector of date March 7, 2012, relating to the Elimination of the remuneration of expenses of a recurring nature, and the revision of the rate of financial remuneration.

In third place, and due to the configuration of the electrical systems of the non-peninsular Territories presented a series of shortcomings that threatened the security of supply and hindered the reduction of the costs of the activities aimed at the supply of electric power, was approved the law 17/2013, on 29 October, for assurance of supply and increased competition in the insular and extrapeninsulares electrical systems.

Finally, the law 24/2013, of 26 December, the Electricity Sector, which repeals Law 54/1997, of 27 November, establishes mechanisms that must be developed in the unique regulation of these non-peninsular territories. As developments in relation to the previous law, law 24/2013, on December 26, is expressly on the one hand that the regulation of development of the law in these territories will be present the promotion of renewable energies when they are technically acceptable and entail a reduction of the cost of the system; the application of technical criteria and market for the office of energy up to the integration of these systems in the market of the Mainland where there is interconnection with the peninsula of sufficient commercial capacity; establish economic incentives to the system operator for that, maintaining security, the cost of generation; is progressively reduced (e) incorporate efficient price signals to the consumer so you can adapt their consumption to each system load curve.

Also, in regards to the remuneration regime of production activity, the Act 24/2013, on December 26, determines that the costs required to carry out the activity by a company efficient and well managed, through the application of homogeneous criteria in all the Spanish territory will be considered for the calculation of the remuneration of the production activity in these electrical systems with additional remuneration regime 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.

Thus, the parameters of this activity fee 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 revised before the start of each six-year regulatory period. If this review was not carried out you will understand carried over to the next regulatory period. In the cited review you can modify the rate of remuneration applicable to such activities shall be legally fixed.

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.

III the present Royal Decree gives fulfillment to the mandate established in the Royal Decree-Law 13/2012 April 30, establishing the economic regime of production facilities in these systems under as provided therein and in the Real Decree - Law 20/2012, of 13 July. It also includes the development of certain aspects of the law 17/2013, 29 October, and law 24/2013, on December 26.

This Royal Decree establishes the administrative regime of electric energy production facilities in the non-peninsular territories, specifying the administrative skills and proceeding to a realignment of administrative procedures affecting the generation facilities. Clearly differentiate those procedures relating to the allocation of the economic regime or to the management of the firm's production, State competition; from those necessary for their implementation, in the majority of cases of regional competition.

On the other hand, determines the procedure of recognition of the technical and economic plants, necessary data for the correct development of the firm's production. Also establishes the basic rules on registration and procedures, where appropriate, cancellation in the administrative register of electrical energy production facilities, and will provide certain aspects applicable to cases in which the General Administration of the State is competent.

In isolated, especially vulnerable electrical systems, it is necessary to distinguish between manageable production facilities from those which are not, reason why in this Royal Decree regulates the activity of production of electrical energy and its remuneration, distinguishing between manageable installations of those that are not. As well, new installations of cogeneration of net power higher than 15 MW, and those that use as energy primary biomass, biogas, geothermal energy, waste and waste energy sources located in the non-peninsular territories will be programmed analogously to other heating systems, being at the same time, paid as the latter, not perceiving the specific remuneration arrangements applicable to the installations of generation from renewable energy sources cogeneration and waste.

Thus regulates the procedures for the efficient allocation of different economic regimes, developing of the law 24/2013, December 26 and the law 17/2013, of 29 October.

Also is the establishment of mechanisms of control and verification by the General Administration of the State of the subsistence of the determining conditions for the perception of the economic regime, without prejudice to the powers of the other affected organs.

In this line, in order to guarantee the supply of electric power, establishing a procedure which allows the installation of the power needed for the correct power supply, within the free exercise of the activity of generation, with quality and safety levels it adequate and at the lowest cost for the electrical system as a whole. With this objective, is includes the obligation to the system operator for periodic reports that analyze the coverage of these systems and are detected possible shortcomings of installed capacity, according to criteria that will be set by the Government.

In addition, develops a procedure of competitive for the granting of the resolution of compatibility laid down in the law 17/2013, October 29, which will be granted taking into account the needs of power made manifest by the system operator, the technical characteristics that are most appropriate for these systems and the option economically more advantageous for the whole of the system.

In addition, by order of the Minister of industry, energy and tourism may be contests for the installation of new additional power that reduces generation costs in the system.

This Royal Decree regulates certain aspects of the hydroelectric power plants of pumping. These facilities are essential elements to provide electrical systems safe and rapid response capacity by facilitating proper management, also to improve security of supply and favour the penetration of unmanaged renewable energies, which on the one hand have a lower environmental impact and on the other hand cause a reduction of costs in these systems.

The Council of Ministers will declare what pumping facilities have as main purpose the security of the supply, the security of the system and the integration of unmanaged renewable energy electrical systems isolated from the non-peninsular territories and which by virtue of the law 17/2013, of October 29, will be owned by the system operator in accordance with the procedure laid down in this Decree.

On the other hand, this Royal Decree contemplates the technical characteristics of the installations and modification, as well as affect the correct management of the firm's production, significantly influencing the additional remuneration regime which will be previously approved, thus ensuring they remain the technical conditions of the facilities which are granted a certain economic regime. The technical parameters required for the calculation of the reward for variable costs of facilities entitled to the perception of the additional remuneration regime, will be obtained from the groups performance tests.

In addition, develops the methodology for the calculation of the remuneration that shall receive facilities entitled to the additional remuneration regime, which will include both the concepts referred to in paragraphs to), b), c) of article 14.5 of the law 24/2013, on December 26, as the additional remuneration.

Such compensation shall include compensation by fixed costs at a rate of remuneration similar to the rest of regulated pay and compensation activities by variable cost of generation that takes into account the costs of fuel, maintenance and operation and modes of operation of a group with a performance medium, reinforcing the concept of installation type of ownership of a company efficient and well managed.

The main novelty introduced by this Royal Decree is that, on the basis of the same technical reports which gave rise to the previous regulations, changes the focus given to the remuneration regime additional generation in these systems activity, through a model based on the recognition of the costs incurred for the performance of the activity, a model that prime technological efficiency and management and encourage the continuous improvement of the facilities. Thus, mechanisms are established to encourage the maintenance of power plants, the renewal of less efficient plants, either through new investments or being displaced by new stations, all within a framework that aims to give back evenly activities regulated retribution and that the additional remuneration in these territories established by law 24/2013 of 26 December, the Electricity Sector, bear in mind only the specific extracostes of these systems associated with its isolated character and its not peninsularidad.

Periods regulatory six-year for the review of the pay for fixed costs and variable costs, as well as for the revision of the rate of remuneration are determined to adapt to the economic cycle and rates of remuneration of activities with a level of concern. New standards of investment defined shall also take into account savings resulting from economies of scale. In no 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, in the same way, only taken into account those costs and investments that respond exclusively to the activity of production of electrical energy.

As already indicated, the new remuneration model encourages the maintenance and renewal of stations in operation, therefore is expressly provides that investments of renewal and improvement of the power plants will be recognized and remunerated as other investments.

On the one hand, the determination of the remuneration is changed to variable costs of generation, which will continue taking into account the costs of fuel, operation and maintenance concepts, modes of operation of the Group and environmental costs but taking into account the costs of a group with a mean yield and owned by a company efficient and well managed in order to promote the proper management and maintenance of the facilities.


On the other hand, establish a few control mechanisms through which be substantiated that the fixed costs fee is intended to correct maintenance of power plants, for which the system operator may give boot command to power plants have reduced operation to verify its effective availability. In addition, the perception of the concept is conditioned by minimal availability values fixed operation and maintenance.

In addition, attaches the obligation of authorization of the mixture of fuel used in power stations so as to avoid the increase in generation costs in these systems due to the modifications in the use of fuels not justified by technical reasons.

Indeed, fuel prices are one of the most important items of the variable costs of power plants fee with impact on the generation of these systems extra-cost charged to the costs of the entire electrical system. This, sets a mechanism enabling the supply of fuels all producing subjects who want to settle in the non-peninsular systems at a competitive price. You opt for a mechanism of auctions that conforms to the principles of competition, transparency, objectivity and non-discrimination will be developed by order of the Minister of industry, energy and tourism. Temporarily sets a price of the product from the price of fuel to international markets.

With the aim of improving the efficiency in the isolated power systems management and the detection of the critical points in the supply of energy with quality and safety standards appropriate, three phases are established in the office of production, one that exclusively cover the demand from the information communicated by the subjects , a second phase in which take into account the criteria of security and forecasts of detours and a third phase in which include restrictions on the network.

In addition, an incentive to the system operator for that, maintaining quality levels, fuel consumption is minimized by energy generated is recognized.

Finally, defines the extra-cost of the activity of production of electrical systems for the non-peninsular territories as the difference between the costs of generation of all plants in these systems regardless of their technology or power and perceived quantities in office demand.

The present Royal Decree, on the application of the Act 2/2015, March 30, desindexacion of the Spanish economy, suppress updates in the previous framework from general price indices.

As regards the recognition of the costs of fuel and emissions, remains the criterion applicable to compensation of the same date, modifying, only applicable reference rates. In any case, updates from these indices are covered in the law 2/2015, 30 March, cited.

Them revisions of them parameters compensation to makes reference the article 14.4 of the law 24 / 2013, of 26 of December, will be subject to them limits provided in the law 2 / 2015, of 30 of March, and its normative of development.

IV on the other hand, since the entry into force of the Royal Decree 413/2014, of 6 June, which regulates the activity of production of electrical energy from renewable energy sources, cogeneration and waste, it has been revealed the need to proceed to the modification of certain aspects of operational character, specifically amending the transitional provision octave of this Royal Decree , regarding the term of repayment of sums result of liquidations undertaken facilities according to the transitional provision third 2 of the Royal Decree-Law 9/2013, of July 12, by which adopt urgent measures to ensure the financial power system stability.

On the other hand, is determined that up to 15 MW cogeneration facilities located in the non-peninsular territories net power will be application specific remuneration regime regulated in Royal Decree 413/2014, 6 June, considering that by its small size, service that can provide to these systems is limited, and therefore the application of that scheme pay additional remuneration regime is more appropriate.

Finally, in line with the development of electronic administration envisaged in law 11/2007, of 22 June, electronic access, citizens to public services and in order to speed up and simplify the processing of certain administrative procedures regulated in sectoral legislation to citizens and businesses is to establish the obligation of its electronic processing.

International provisions in article 5(2) to) law 3/2013, 4 June, creation of the National Commission of markets and competition, the provisions of this Royal Decree has been informed by the National Commission of markets and competition. The procedure of hearing of this Royal Decree have been evacuated by consulting the representatives on the Advisory Board of electricity, as laid down by the tenth transitional provision of the aforementioned law 3/2013, of 4 June.

The Royal Decree has been informed by the autonomous communities of the Canary Islands and the Illes Balears and the cities of Ceuta and Melilla insofar as part of its Advisory Council.

Advised by the Council of State in its opinion No. 381/2015 of 7 may, the text of the draft has been forwarded to the European Commission for the purposes of appreciating their conformity with Community policy. For this reason, and to the own opinion includes an additional provision project which determines the full realization of the economic regime to the verification of their compliance with Community legislation.

This text was reported to the Government representative Commission for Economic Affairs in date July 29.

In his virtue, a proposal from the Minister of industry, energy and tourism, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of July 31, 2015, have: title I General provisions article 1. Object.

1. this Royal Decree regulates the activity of production of electrical energy for the supply of electric energy in the electrical systems of the non-peninsular territories.

2. equally, the regulation of the legal and economic regime of the facilities of pumping that have as main purpose the guarantee of supply, the security of the system and the integration of unmanaged renewable energy electrical systems isolated from the non-peninsular territories is the object of this Royal Decree.

3 also is the subject of this Royal Decree regulating the economic and technical management of each of the electrical systems of the Territories not Peninsular, according to provisions of law 24/2013, on December 26, the Electricity Sector and the law 17/2013, of October 29, for assurance of supply and increased competition in the systems electrical island and extrapeninsulares.

Article 2. Scope of application.

This Royal Decree is applicable to all the subjects defined in article 6 of the law 24/2013, of 26 December, the Electricity Sector, carrying on their activities in any of the electrical systems of the non-peninsular territories.

For the purposes of the provisions of this Royal Decree distinguishes two types of installations: to) facilities category a. inside this category includes the of generation hydroelectric not flowing and heat using energy sources as coal, hydrocarbons, biomass, biogas, geothermal energy, waste and residual energy from any installation, machine or industrial process whose purpose is not the production of electrical energy as well as the facilities of more than 15 MW net power cogeneration.

(b) facilities category B. inside of this group are not included in the preceding generation facilities using renewable energy sources and cogeneration facilities of less than or equal to 15 MW net power.

Article 3. Definition of the electrical systems isolated from the non-peninsular territories.

1. for the purposes of this Royal Decree are considered non-peninsular territories of the autonomous communities of the Illes Balears and Canarias and the cities of Ceuta and Melilla.

2. electrical systems isolated from four non-peninsular territories are as follows: Canary Islands Las Illes Balears Ceuta Melilla Gran Canaria.





Majorca-Minorca.





Ceuta.





Melilla.






Tenerife.





Ibiza-Formentera.





 





 






Lanzarote-Fuerteventura.





 





 





 






The Palm.





 





 





 






La Gomera.





 





 





 






The iron.





 





 





 






3. in those cases where there is a union through electrical networks of two or more electrical systems isolated in such a way allowing integration into a single system, by order of the Minister of industry, energy and Tourism shall be to review the definition of isolated power systems.

4. the isolated power systems will no longer be considered as such when they are effectively integrated with the Mainland system, i.e., when the ability of connection with the peninsula is such, that allow its incorporation into the mainland market and there are market mechanisms that will enable to integrate their energy, which must be established by order of the Minister of industry , Energy and tourism, report of operator of the system and the market operator.

Article 4. Planning.

For the purposes of planning defined in article 4 of the law 24/2013, on December 26, in these systems, the estimation of the power that must be installed to meet the demand in each isolated electric system is that which provide a monthly value of probability of deficit coverage of less than a day in 10 years.

(In the same way, and without prejudice to the provisions of article 10(2). to) of the law 24/2013, on December 26, will take place an estimate of the power that must be installed to meet the demand expected under the criteria of security of supply, energy diversification, efficiency and protection of the environment, identifying the different types of technology that facilitate compliance with the above principles. In your case, and in collaboration with the Manager of the gas system, there will be a joint assessment of the penetration and use of natural gas. Also and in all cases, will be an analysis cost-benefit for the system of the options raised.

Title II organisation and operation of the electrical systems of the non-peninsular territories chapter I Office of production article 5. Participants and the Chambers of production performance.

1 each electrical systems isolated from non-peninsular territories, in accordance with article 10 of the law 24/2013, of 26 December, sets a firm's production, based on technical criteria and market that apply in these systems until its integration, where appropriate, in the mainland market.

2 production clearance and relating to the same settlements will be carried out by the system operator on the terms provided for in Title VI.

3. in the office of production must participate all production facilities, marketers and direct consumers operating in these systems.

Representatives may act on behalf of any subject to the effects of their participation in the office of production and the receipts and payments of tolls, charges, prices and compensation regulated in accordance with provisions in the law 24/2013, on December 26.

4. it will be necessary to involve production units in the office of production the definitive registration in the administrative register of installations of electric energy production of the Ministry of industry, energy and tourism, without prejudice to that production facilities can be programmed to carry out relevant evidence from the prior registration when registering.

The administrative regime of production in these systems is regulated in title III.

The generators will be by its energy generated the regime economic established in the chapter II of this title.

5. marketers and direct consumers to participate in the production office, must have certification of operator of the system's compliance with the technical requirements in order to be discharged in said office, and comply with the procedures of the system of settlements and guarantees of payment in force in these systems.

Marketing of electric power shall be governed by the General provisions in the peninsular power system with the exceptions established in this Royal Decree and in the sectoral rules - 6. Marketers, direct consumers and generators for its consumption of auxiliary services when the net buyer in one hour will acquire the power to demand purchase price regulated in the present Royal Decree. The purchase price of the demand will be obtained from the Mainland price affected by a coefficient that takes into account the variation of generation costs in every hour.

Chapter II economic regime of article 6 electrical power production facilities. Additional remuneration regime.

Facilities category A can receive additional remuneration regime in the terms provided for in title IV and in accordance with the granting of the same procedures referred to in chapter IV of this title.

Without prejudice to the characteristics set out in the present Royal Decree, groups that has been granted the additional remuneration regime will receive a pay for fixed costs and compensation for variable costs of generation.

For the determination of the additional remuneration arrangements applicable in each case, each group installation will be assigned type according to their technical specifications. Type facilities are those set out in this Royal Decree or another that could be established by order of the Minister of industry, energy and tourism.

Each facility type shall be responsible for a set of compensation parameters that shall be calculated by reference to the activity carried out by a company efficient and well managed, which translated the additional remuneration regime and allow the application of the same to each of the generators groups associated with this installation type.

The set of technical and economic parameters of each installation type is determined according to regulatory six-year periods and will be used throughout the regulatory period.

Article 7. Economic regime of the facilities category B with eligibility for the specific payment arrangements.

1 facilities category B defined in article 2 which, as laid down in Royal Decree 413/2014, 6 June, which regulates the activity of production of electrical energy from renewable energy sources, cogeneration and waste, have recognized a compensation regime, will receive the following concepts: to) the product of the hourly price of sale of power in the office of the isolated system j , Phventa (j), defined in annex I, multiplied by the energy sold in the hour h by generating set, measured in bars of central.

(b) the specific remuneration regime laid down in title IV of Royal Decree 413/2014, 6 June.

(c) where appropriate, the economic considerations established for their participation in adjustment services.

2. the rights of collection of plants obtained as shown in this article will be affected by the costs of deviations incurred by these facilities, as well as those who could be established in the terms to be determined by order of the Minister of industry, energy and tourism.

Article 8. Economic regime of the facilities without a perception of additional or specific remuneration regime.

1. the generation facilities located in the electrical systems isolated from the non-peninsular territories has not been recognized that the additional remuneration regime or the specific compensation arrangements, will earn for their generated energy measured in bars in central the hourly price of sale of power in the office of the isolated system j, Phventa (j), defined in annex I.

Also receive this price those installations which are not entitled to the perception of the additional or specific remuneration regime for having passed regulatory life or have been revoked that right.

2. the rights of collection of plants obtained as stated in this article will be affected by the consideration, which are established for their participation in the services of adjustment, the costs of deviations incurred by these facilities, and as well as by those which could be established in the terms to be determined by order of the Minister of industry Energy and tourism.

3. when a group arrives at the end of their regulatory useful life and was not granted him again the additional remuneration regime in the terms laid down in articles 53 or 54, or when an installation has passed the period with the right had no interest in operating the installation receiving the economic regime regulated in this specific compensation arrangements in the terms collected in Royal Decree 413/2014, 6 June, and the owner of the installation Article, this should inform the Directorate-General for energy and mines and the system operator with one month prior to the date of completion of his additional or specific remuneration regime and declared unavailable for purposes of participation in the office of production from the date of completion of his additional or specific remuneration regime.


All of this without prejudice to the application for cancellation of the registration in the administrative register of electrical energy production facilities, that once must appear in produced the cessation of activity and will be processed in accordance with the provisions of article 17, and other authorizations that may be mandatory.

Title III administrative regime of the activity of production of electrical energy in the non-peninsular territories article 9. Administrative skills.

Correspond to the General Administration of the State, in the terms established by the law 24/2013, on December 26, the following powers: to) the administrative authorisation for the operation of new production and modification of existing facilities, as well as for the transmission, close temporary and definitive closure thereof, in the following cases: 1) facilities located in the territorial sea.

2nd) exceeding 50 MW electric installed electric power facilities located in territories whose electrical systems are effectively integrated with the Mainland system.

(b) the administrative registration of production facilities of power dependent on the Ministry of industry, energy and tourism and the modification or cancellation of these inscriptions, of category A facilities and facilities category B whose competence to grant the administrative authorisation corresponds to the Directorate-General for energy and mines.

(c) category B outlet reason in the administrative register of installations of electric power production dependent of the Ministry of industry, energy and tourism in the inscriptions of facilities not included in the previous paragraph, as well as their modifications or cancellations.

(d) the granting of the additional remuneration regime regulated in title IV, as well as verification of compliance by the holders of the facilities of the required conditions for entitlement to its perception and, where appropriate, the revocation of that right.

(e) regulating the Organization and functioning of the office of production of electrical energy, the terms that has to develop the economic and technical management of electrical systems isolated from the non-peninsular territories and the system of settlements and guarantees of payment in these systems.

Article 10. Requirements General's authorization, registration and clearance.

Production facilities included in the scope of this Royal Decree, irrespective of the economic regime that applies, shall comply with provisions below: to) obtain the administrative authorisations for the start-up operation, modification, transmission, temporary closure and decommissioning that applicable, whose procedures will be established by the competent authority.

(b) once the authorization of exploitation, they will be registered in the administrative register of installations of electric power production in the terms defined in this title.

(c) the owners of the facilities must apply for recognition of its technical data and, where appropriate, economic, which will be used in the office of production, in accordance with the provisions of the articles 11,12 and 13.

Article 11. Recognition of the technical data of the production facilities.

1. the technical data of the production facilities indicated in this article shall be approved by resolution of the Directorate-General for energy and mines, as a prior or simultaneous to the definitive registration in the administrative register of facilities of the Ministry of industry, energy and tourism-dependent electric power production, and in accordance with the procedure laid down in annex II.1.

2 technical data the category facilities that require approval are as follows: to) gross and net power.

(b) ordinary and extraordinary technical minimum. The defined minimum technical ordinary and extraordinary means by order of the Minister of industry, energy and tourism.

(c) ramps up and power down.

(d) start times.

(e) where appropriate, firm technical data defined in articles 62 and 63: A (i), B (i), C (i), to '(i) and (B)' (i).

The technical data of the cogeneration plants shall take into account their operation subject to the associated heat process.

3 technical data of production facilities category B requiring approval will be the gross, net and minimum power.

For these production facilities, for which no defined tests of net, gross and minimum power in the specific legislation, shall be taken as the value of the net power the installed power defined in article 3 of Royal Decree 413/2014, 6 June, or in his case, the transitional provision of this Royal Decree primera.5 , and will not be required the approval of the brute and minimum power.

4. by resolution of the Directorate-General for energy and mines shall be approved the procedure for carrying out the test of ordinary and extraordinary technical facilities minimum grade in the non-peninsular territories. This resolution shall be published in the «Official Gazette».

Article 12. Recognition of the economic data and fuel mixtures.

1. economic data from office and mixtures of fuels defined in annex II.2 of the production facilities category A shall be approved by resolution of the Directorate-General for energy and mines, with character prior or simultaneous to the definitive registration in the administrative register of facilities under the Ministry of industry electric power production Energy and tourism.

2. for these purposes, with prior or simultaneous character to the presentation of the request for final registration in the register, the owners of the facilities category A must request from the Directorate-General for energy and mines the recognition of economic data from office in the defined terms in annex II.2, presenting a proposal for the values that must take these data based on the characteristics of the installation.

Article 13. Modification and review of the technical and economic data.

1. the modification of the technical and economic data defined in articles 11 and 12 must be previously authorised by the Department of energy and mines. Resolution of amendment shall be communicated to the interested party, to the autonomous community concerned and the operator of the system and will involve modification to the administrative registry of production facilities of the Ministry of industry, energy and tourism-dependent electric power.

The modification of the technical data will require the corresponding tests. For these purposes, the holders shall be notified to the Directorate-General of energy policy and mine the results of the above tests.

2. the technical and economic data of firm (to (i), B (i), C (i), to '(i) and (B)' (i), D (i) and O & MVDi) will be reviewed according to the provisions of annex III.1.

Article 14. Administrative register of electrical energy production facilities.

1. in the non-peninsular territories, shall be recorded independently in the administrative register of electrical energy production facilities each of the generators that make up a production plant.

2 not contemplated in this Royal Decree shall apply chapters I and II of title VIII of the Real Decree 1955 / 2000 of 1 December, which regulates the activities of transport, distribution, marketing, supply and procedures for licensing of electrical energy, and chapter II of title V of the Royal Decree 413/2014 , 6 June.

Article 15. Prior registration in the administrative register of facilities for production of electrical energy in the non-peninsular territories.

1. all installations of electric power production, once they have obtained the authorization of exploitation, must apply for registration, prior to the administrative registry of electric power production facilities.

2. the prior registration in the registry will be necessary condition for power testing power gross, net, minimum technical and performance of the plant.

3. the formalization of the prior registration will include an annotation to the margin indicating membership in a non-peninsular territory and shall be notified to the interested party and communicated to the operator of the system and, where appropriate, to the body competent to authorize the installation.

Article 16. Final registration in the administrative register of electrical energy production facilities.


1 for definitive registration in the administrative register of electrical energy production facilities, the owners of facilities wishing to operate in the production of the non-peninsular territories office must submit, in addition to the cited regulation in article 14.2, a certification issued by the operator of the system's compliance with the technical requirements in order to be given high office and in compliance with the procedures of liquidation and guarantees payment in these systems. For this purpose not be required its owner to acquire subject of the market.

2. it will be essential for definitive registration in the administrative register of facilities of production, irrespective of the body that is competent, that prior thereto, been adopted technical and, where appropriate, economic data in accordance with the provisions of this Royal Decree.

The resolution of final registration will order the annotation in the administrative register of economic dispatch of technical data and, where appropriate, electricity production and facilities approved mixtures of fuels that correspond and will include an annotation on the sidelines indicating membership in a non-peninsular.

3. the final registration must be notified to the interested party and communicated to the system operator and, where appropriate, to the body competent to authorize the installation.

Article 17. Cancellation of the definitive registration in the administrative register of electrical energy production facilities.

1. the cancellation of the final registration may occur at the request of the interested party or ex officio. In the latter case, it will be precise instruction of a hearing procedure to the person concerned.

2. in cases in which the Directorate-General of energy and mines is competent, the deadline to resolve this procedure and to notify its resolution shall be six months. During the investigation of the procedure be required to report to the system operator and the autonomous region or autonomous city affected.

Also, will be transfer of the cancellation of the registration in the administrative register of installations of electric power production dependent on the Ministry of industry, energy and tourism to the region or autonomous city corresponding to the appropriate effects.

3 will be cause for cancellation of the final registration the cessation of activity such as installation of production and the revocation by the competent body of the authorisation of the installation, in accordance with the applicable legislation. For this purpose, the owner of the installation shall request the cancellation in the register within the period of one month since there is the fact that motivates it.

The lack of communication have solved the causes which gave rise to the breach of a boot order in the terms provided for in article 30.4 will also cause for cancellation of the final registration.

4. no may cause the cancellation of the registration in the administrative register of installations of electric power production from those facilities considered essential to ensure supply in an electrical system isolated, made that it should have been indicated by the system operator in the report laid down in paragraph 2.

Title IV additional remuneration regime for facilities category to chapter I definition of additional remuneration regime article 18. Definition of additional remuneration regime.

1. the additional remuneration regime regulated by this title constitutes remuneration for investment and exploitation of the activity of production of electrical energy in the electrical systems of the non-peninsular territories and shall apply to all installations category who have recognized that regime.

2 additional remuneration regime of each applicable category facilities generating set will be composed of the sum of the fixed costs fee and the fee variable generation costs defined in article 22 and 31, respectively, without prejudice to the limitations set out in article 52.3 and expected in the following sections.

3. the additional remuneration regime of the groups that had been awarded in a competition of new capacity in accordance with the provisions of articles 55 and 56, is the result of the contest.

4. you may be granted an additional remuneration regime for new investments in a group registered in the administrative of electric energy production facilities, to go or not to end their regulatory useful life. This regime retribution will be the defined in the article 19.

5. in addition, may be granted again an additional remuneration regime groups expected to finish their regulatory useful life, although not make new investments as foreseen in article 54. This payment procedure shall be defined in article 20.

6. when an electrical system loses its character of isolated, additional or specific remuneration regime which has been given subsequent to the entry into force of this Royal Decree to the facilities located in this system, will be the same as that established for the plants located in Peninsular. Resolutions of recognition of the additional remuneration regime handed down since the entry into force of this Royal Decree shall collect this caveat.

7. the system operator calculates the values of the remuneration that corresponds to perceive to each installation in accordance with the provisions of this title.

Article 19. Additional remuneration regime for new investments.

1. for the purposes of this Royal Decree, shall be regarded as new investments, investments by renewal, modification or improvement of the performance of a group registered in the administrative of electric energy production facilities, to go or not to end their regulatory useful life. In no event shall be regarded as new investments those associated to modifications that do not require the prior administrative authorisation established in article 53 of the law 24/2013, of 26 December, or those whose amount is inferior to 5 per cent of the value of the investment recognised the Group on which the new investment was made.

In addition, investments shall be regarded as investments in automatic generation control systems needed to offer the service of regulation.

The procedure of granting of the additional remuneration regime for new investments will be that provided for in article 53.

2 additional remuneration regime for new investments that will culminate with the inscription of a new group in the administrative register of electrical energy production facilities will be provided for in this title, as if it were a new group.

3 a groups that have recognized before an additional remuneration regime and to make new investments whose regulatory useful life is less than the previous one, is les may recognize the remuneration in accordance with below: to) the variable costs of generation fee is the result of apply chapter III of this title according to the installation type that corresponds taking into account the new investment during the life regulatory had previously recognized.

(b) the investment fee annuity will be increased by the annuity of the reward of new investment during the life of this new investment regulatory. Also pay for fixed costs is the result of apply chapter II with the characteristics set out in annex IV.5 lifetime regulatory had previously recognized.

4 groups that recognition of additional remuneration regime for new investments whose regulatory useful life exceed the previous one, shall receive remuneration for variable generation costs and the fixed costs fee established in the preceding paragraph during the lifetime of the new investment regulatory.

5. in cases in which technical and economic data in office will be modified by the realization of a new investment, these must be approved in accordance with the provisions of this Royal Decree.

Article 20. Remuneration of groups which are granted an additional remuneration regime after the completion of their regulatory useful life.

For groups of generation whose life regulatory completed and they have been granted again the additional remuneration regime without making new investments will be provisions below: 1 life regulatory during which the group is entitled to receive additional remuneration regime shall be 5 years.

2nd annuity fixed remuneration set out in article 24 shall exclusively consist of term of payment by fixed costs of operation and maintenance.

3rd the variable costs of generation fee is the result of apply chapter III of this title.

The procedure of granting a new additional remuneration regime to groups that go to end of life regulatory shall be that provided for in article 54.


Article 21. Establishment of technical and economic parameters for the calculation of the additional remuneration regime in each regulatory period.

1. regulatory periods are consecutive and will have a duration of six years.

The set of technical and economic parameters of each of the installations to be used for the calculation of the remuneration of the activity of production of electrical energy in the electrical systems of the non-peninsular territories with regime will be established before 15 July of the year preceding the start of each regulatory, by order of the Minister of industry, energy and tourism, prior agreement of the delegate Commission of the Government for Economic Affairs, remuneration additional throughout the next regulatory period.

To these effects, the National Commission of markets and competition, it shall send a report to the Ministry of industry, energy and tourism before 15 February of the last year of each period of regulatory. This report will include a proposal for the set of parameters for each installation type.

2 companies of the groups must submit to the Ministry of industry, energy and tourism and the National Commission of markets and competition before April 30 of each year the audited values of costs incurred in the previous year in accordance with the criteria for conducting audits of the generation groups in these systems that have been approved by resolution of the Directorate-General for energy and mines. The Directorate-General for energy and mines and the National Commission of markets and competition may apply to holders of the groups economic information that may be required for the review of the parameters of the facility type.

For the review of them values of them parameters technical and economic of settlement used for the calculation of them components of the remuneration by costs variable of generation is will have in has it indicated in them articles 38 and 39.

3. during the regulatory period may not be reviewed the technical and economic parameters listed below. In any case, so they take effect in the referred period regulatory, in accordance with article 14.4 of the Act 24/2013, December 26, the review be held before the start of the same.

The technical and economic parameters that may be reviewed before the beginning of each regulatory period are as follows: to) defined in chapter II of this title, the correction coefficient for the calculation of the standard value of investment and unit values of reference applicable to those groups for which has not given judgment in recognition of the additional remuneration regime.

(b) operation and maintenance fixed annuity unit values and the correction factors defined in chapter II of this title.

(c) the values of the technical parameters of settlement (to (i), b (i), c (i), to '(i) and (b)' (i)) and economic liquidation (O & MVLI and d) used for the calculation of the remuneration components for variable generation costs set out in article 31.

4. the rate of annual financial compensation will be reviewed pursuant to article 28 before the beginning of each regulatory period.

Chapter II determination of the fee fixed costs article 22. Pay for fixed costs.

The remuneration for each group of generation i fixed costs will be calculated for each annual period n as the minimum term of annuity of fixed remuneration and the sum in each hour of the time cost fee fixed at that time affected by availability at that hour of the group, according to the following expression.





Being: RCFn (i): pay for fixed costs for group i in year n, expressed in euros.

CFn (i): pay annuity fixed group i, in year n expressed in euros.

Pdisponible (i, h): power available from group i in the hour h, expressed in MW.

CFn (i, h): fee schedule cost fixed group i in the hour h of year n, expressed in €/ MW.

XI = number of hours total of the year, which will take the value of 8760 in normal year and 8784 in leap year, except for the last year of life regulatory group i for the last year of pay for fixed costs of group i, Xi will be the total number of hours included from day one January of that year until the day that ends the life of that group i. regulatory

Yi = 1, except for the first year's pay for fixed costs of group i, which will be the total number of hours included from day one January of that year until the day that begins the life of that group i. regulatory

Article 23. Components of remuneration by fixed costs.

1. the available power of each group in each time expressed in MW (Pdisponible (i, h)) will be determined by the difference between the net power of group i expressed in MW and the unavailable power of group i at that time, expressed in MW. The net output of the group will be which will be recorded in the administrative register of facilities for production of electric power of the Ministry of industry, energy and tourism. The value of the restricted power of each group i in every hour will be established by the operator of the system in accordance with provisions in the applicable regulations.

2. the value of the fee schedule fixed cost for each group in a specific time of a given year shall be calculated as follows: where: CFn (i, h): fee schedule cost fixed the hour h of year n, expressed in €mounted PN group i (i): net power of group i in MW obtained the administrative registration of electric energy of the Ministry of industry production facilities Energy and tourism.

CFn (i): pay annuity fixed group i, in year n expressed in euros.

f are: seasonality Factor schedule for each of the non-peninsular territories and for each period of time, tip, plain and Valley, which will take the value laid down in annex V.

The system attendant will control, through the adoption of plans of scheduled unavailability, that there is an excess of revisions in a seasonal period.

HI: Annual operating hours standard group i, taking into account the annual hours standard of fault and maintenance of the group. Annual hours of standard operation of each group, depending on the technology and size, shall be those indicated in annex V.

The Directorate-General for energy and mines, on the proposal of the system operator, may review periods end, Valley and plain, the values of the factor of seasonality f est for each of the blocks defined according to the evolution of the load of each system and their levels of reserve capacity curves; as well as annual hours of standard operation of each group, by setting different values depending on the technology, fuel, and size. This resolution shall be published in the «Official Gazette».

Article 24. Annuity fixed remuneration.

1. the year of the fixed remuneration of each group is calculated as sum of a payment term investment and a term of repayment by fixed costs of operation and maintenance, according to the following expression: CFn (i) = CIn (i) + OMFn (i) where: CIn (i): is the annuity of the investment of a group i fee in year n , expressed in euros.

OMFn (i): is the annuity of the remuneration by operation and maintenance fixed, in the year n, of the group i, expressed in euros, that is calculated in accordance with it intended in the article 29.

2. the annuity of it retribution by investment is composed of it retribution by amortization and it retribution financial, and is calculated in accordance with the following formula: CIn (i) = Ain + Rhine where: Ain: retribution by amortization of the investment of the group i in the year n, expressed in euros, that is calculated in accordance with it planned in the article 25.

Rin: Financial compensation in year n of the investment of the group i, expressed in euros, which shall be calculated in accordance with article 27.

3. by resolution of the Director-General of energy and mines be approved annually the value of the annuity of retribution by investment (CIn) corresponding to each of the facilities category who have recognized the additional remuneration regime for that year. This resolution shall be published in the «Official Gazette».

Article 25. Pay for return on investment.

1 remuneration depreciation on investment for each group i in year n, Ain, expressed in euros, will be obtained from the recognized investment and value of its useful life, in accordance with the following expression: where: to) αin, is the coefficient that reflects the number of months in the year n in which group i accrued remuneration depreciation , that determined by the following formula: being αim: in the first year: set including full months between the day that starts the life group regulatory i and January 1 of the year following the definitive registration in the register of electrical energy production facilities.

In the last year of life the Group regulatory value will be equal to the number of full months of that year remaining until the end of the useful life of the regulatory group.


In the remaining years αim is equal to 12.

(b) Vli: investment value recognized group i, expressed in euros, defined in article 26.

(c) VUi: life regulatory group i, expressed in years, which will begin to compute from the one day of the month following the date of definitive registration in the administrative register of electrical energy production facilities.

You will be considered a life regulatory of 25 years for heating installations and equipment 65 construction of hydroelectric power plants and hydroelectric power plants.

Article 26. Calculation of the value of the recognized investment.

1. the value of the investment group of recognized Vli expressed in euros will be approved in the resolution's recognition of the additional remuneration regime as laid down in article 57 and shall be calculated by comparison with the standard value of the investment, without prejudice to the provisions of the second additional provision for the first regulatory period (, in accordance with the following expression: where: a) VIi, audited: audited amount of investment by the group i. However, establishes a cap on the maximum value of VIi, auditadaque will be 125 percent of the standard value of the investment.

(b) VIi, standard: standard investment value of group i in the year of his commissioning of the calculated by multiplying unit values of reference based on its technology and power, by the net power of the group that recorded in the administrative register of electrical energy production facilities.

(c) AYi: value of State aid received by the group i. In the event that such public aid come from agencies of the European Union, this value will be 90 percent of the amount collected.

2. in the cases in which the audited value greater than the standard, in such a way that it should provide a technical audit that justifies that costs incurred are higher than unit values of reference due to its special characteristics.

In addition, in cases in which the audited value of the investment is less than the value of the standard investment, the expression (VIi, standard - VIi, audited) can take 25 per cent of VIi, audited as maximum value.

Reference unit values, expressed in €mounted shall be approved by the Minister of industry, energy and tourism, according to the provisions in article 21 and shall represent the average value of investment in every electrical system isolated from the non-peninsular territories, broken down according to the technology and the power of the group. Unit reference values will be affected by a correction coefficient in those cases where new groups of generation taking advantage of existing infrastructures are installed.

For the determination of them values unit of reference and for the obtaining of the value audited of investment not is will have in has those taxes indirect that are deductible or recoverable according to the normative fiscal existing and those tributes to which is makes reference in the article 16.4 of the law 24 / 2013, of 26 of December, of the Sector electric.

In addition, to obtain the audited value of investment, financed and provided by third-party facilities, as well as the concepts that are not likely to be amortized will be deducted.

Article 27. Financial return on investment.

1 the financial remuneration of the investment of each group i, Rhine, expressed in euros, shall be calculated each year n from the net value of investment and financial compensation, according to the following rate: to) for all the years of the life of the group with the exception of the first and last year: Rin = VNIin • Trn b) for the first and last year of the life of the Group : Rin = VNIin • [(1 + Trm) month - 1] being: 1 VNIin: net investment value of group i in year n, expressed in euro, calculated in accordance with paragraph 2.

Trn 2nd: rate of financial reward of year n to apply to the Group during the period regulatory calculated in accordance with the provisions of paragraph 3.

SCT 3rd: rate of monthly financial remuneration equivalent to the rate of annual financial compensation, which is calculated using the following expression: 4th month: in year 1, its value is equal to the number of complete months from the beginning of life regulatory group i and January 1 of the year following the definitive registration in the administrative register of electrical energy production facilities.

In the last year of life the central regulatory value will be equal to the number of full months of that year remaining until the end of the useful life of the central regulatory.

2. the net value of investment of the group i in year n (VNIin) is calculated according to the following formula: VNIin = VIi - Aain-1 where: VIi: value of the investment in group i, expressed in euros, approved in the resolution's recognition of the additional remuneration regime.

Aain-1: depreciation accumulated until year n-1 of group i, expressed in euro, calculated according to the following expression: being Aix: pay for return on investment of group i in the year x, expressed in euros.

3. the rate of annual financial remuneration, Trn, will match the average yield of monthly prices in the secondary market of the obligations of the State to ten years in the 24 months prior to the month of may of the year preceding the start of the period regulatory, increased by a differential is calculated according to the provisions of the following article which will be in effect during the entire regulatory.

Article 28. Review of the rate of financial remuneration.

1. the financial compensation rate may be modified before the start of each period regulatory in accordance with the provisions of article 14.4 of the law 24/2013, of 26 December, the Electricity Sector and according to the procedure laid down in this article.

For the calculation of the differential, before 1 January of the last year of the corresponding regulatory period, the Minister of industry, energy and tourism, it will increase the Council of Ministers a draft law in which a the value proposition that will take the differential in the next regulatory period shall be collected.

To set this value, the Ministry of industry, energy and tourism may request a report of the National Commission of markets and competition that must be issued before 1 July of the penultimate year of the corresponding regulatory period, as well as engaging the services of a specialized entity.

In addition, before 1 March of the penultimate year of the corresponding regulatory period, interested parties may submit to the Ministry of industry, energy and tourism in a detailed manner motivated a proposal which must include a quantification of the numerical result with known data at that time, indicating what information is estimated or so-called and what is derived from actual data audited of the proponent company or sector.

2 according to the provisions of article 14 of the law 24/2013, on December 26, for the determination of the value proposition that will take the differential is attend the following criteria: to) pay for a low-risk activity considering the financial situation of the electrical system and the cyclical situation of the Spanish economy.

(b) cost of financing companies for production of electrical energy of our environment with pay systems regulated, based on the recognition of financial compensation to investment and operating costs of efficient and well managed companies.

In any case, the motion for variation in the rate of financial retribution employed between two consecutive years may be higher in absolute value to 50 basis points. In the case that proves a higher variation, the proposal of changing the value in the rate of remuneration shall be carried out on the number of years that is necessary in order to not exceed this limit.

Article 29. Method of calculation of the annuity of the operation and maintenance of fixed fee.

1. the year of the operation and a group, OMFn fixed maintenance fee (i), forgive the following concepts of operational costs of the central that are independent of the production, supported by an efficient and well managed company: staff, costs of maintenance and conservation costs, costs of insurance, rents, cost of a recurring nature, investment by non-substantial modifications of the central and other operating expenses.

The annuity of the operation and a group, OMFn fixed maintenance fee (i), shall be calculated, for each group, as the product of unit values of the annuity's fixed installation type by the net power of that group on the administrative register of electrical energy of the Ministry of industry production facilities operation and maintenance , Energy and tourism and, where appropriate, by correction factors to apply to those groups that are located in the same unit of production.

2. unit values of the annuity's fixed type installation, operation and maintenance expressed in €/ MW, and the correction factors shall be approved prior to the start of each period regulatory pursuant to article 21.


3. the year of the pay for operation and maintenance groups showing total unavailability, both scheduled as fortuitous, one year above 30 per cent of the hours fixed shall be void for that year.

For this purpose, prior to 1 February of each year, the system operator shall refer to the Directorate General for energy policy and mines a listing groups showing that level of unavailability. The Director-General of energy and mines, prior hearing process, will resolve the resolution that approves the definitive amount of generation costs of liquidation for stations that have recognized an additional remuneration regime and the amount of generation costs of the installations that have recognized a specific payment arrangements article 72.3 refers to. e) , groups whose pay for operation and maintenance fixed annuity void under cover of the provisions of this paragraph.

Article 30. Boot command.

1 according to the established in the first additional provision of law 17/2013, October 29, the system attendant will at any time and without prior notice instructions for start-stop to production installations category A in the electrical systems of the non-peninsular territories showing a reduced performance index to check its correct operation.

2. the criteria that is considered that a group has a small operation must be approved by resolution of the Directorate-General for energy and mines and published in the «Official Gazette». Also must be approved by resolution of the Directorate-General, in his case, the groups to which the system attendant must send these instructions and the term which should be the same.

3. before an instruction of the System Attendant startup group shall comply with that instruction with a maximum deviation of 10 per cent with respect to time of start that had approved technical data.

Group shall also maintain 24 hours additional equivalent power, at least 60 percent and its net power for at least 1 hour, to instruction of the system operator, 100 per cent of their net power. After the test, the operator of the system must send a report of compliance to the direction General of political energy and mines and to them bodies competent of them communities autonomous and cities autonomous affected.

4. the Directorate-General for energy and mines shall declare failure to boot instruction, after a procedure that will guarantee, hearing the person concerned. The deadline to resolve this procedure and to notify its resolution shall be one year. Failure to follow the instruction of boot will involve excision of retribution by fixed costs for a minimum period of one year from the notification of the breach in accordance with then.

In the case that producer corrected the causes that led to its failure, you must notify this fact to the Directorate-General for energy and mines. This group may be levied, where appropriate, pay for fixed costs, after the minimum term of a year of suppression, and subject to verification of compliance with the instructions of start-stop by the system operator. The Commission of a second violation will result in the definitive loss of the right to the payment of the fee by fixed costs.

In the event that within a maximum period of one year from the notification of the decision of Declaration of non-compliance, the producer has not solved the causes that they gave rise to the breach, the producer shall request the Group downward in the administrative register of installations of electric power production within a maximum period of one month counting from the end of the aforementioned period to solve the causes that led to the failure to follow the instruction Starter.

In the event that within a maximum period of one year from the notification of the decision of Declaration of non-compliance, the producer not notify the Directorate-General for energy and mines that fixed the causes which gave rise to the non-compliance and the producer has unsolicited downward in the administrative register of installations of electric power production within the period given in the preceding paragraph shall be ex officio cancel the registration of the installation in the administrative register of production facilities, upon initiation of a procedure that will guarantee the interested audience.

All this without prejudice to the concurrence of the penalties which may be applicable according to law 24/2013, on December 26.

Chapter III methodology of determination of the variable costs article 31 fee. Pay for variable costs of generation.

1 remuneration for variable costs of generation, expressed in euros, shall be calculated for each of the generators that make up a production plant and will be composed of the sum of the following components: to) the fuel fee.

(b) the fee variable costs not associated with fuel, which includes remuneration for variable costs of operation and maintenance of operation, the variable costs of additional operation and maintenance due to the start-up fee and other operating costs of the station.

(c) the costs of emission rights fee.

2 the fuel fee shall consist of the sum of the following concepts: to) the variable costs of operating fee.

(b) the fee startup costs associated with fuel.

(c) the costs of regulation band fee.

(d) fuel invoice correction factor.

The fuel invoice correction factor shall be void if remuneration by the Group fuel obtained as the sum of the fees defined in paragraphs to), b), c) above is lower than the cost of acquisition of fuel of that group.

In other cases, the fuel invoice correction factor will be the semidiferencia between the cost of acquisition of fuel of that group and retribution by the Group fuel obtained as the sum of the fees defined in paragraphs to), b), c) above.

3. the cost of fuel will be obtained from invoices for the purchase of fuels, which will include all the concepts of the price of the fuel, including logistics.

For this purpose, the holder of the central company should send to the National Commission of markets and competition, with a copy to the Ministry of industry, energy and tourism, in the first quarter of the year following the delivery of the fuel, copy of the invoices corresponding to those supplies that are necessary to determine the costs of fuel, as well as , copy of the whole of them contracts of supply of fuel corresponding to them supplies of the year including those that are signed with other companies of the same group business. This information will be presented in electronic format that allows their treatment in spreadsheet.

The breakdown of this information and, where appropriate, the method of allocation of supplies to each of the groups of generation, as well as the method of measurement for test fuels effectively introduced into plants and the mechanism of control, will be established by the Resolución of the General Director of energy and mines on the proposal of the National Commission of markets and competition.

4. the Ministry of industry, energy and tourism and the National Commission of markets and competition may ask the companies stations the information needed for the determination of the correction factor.

5. the parameters used for the calculation of the compensation for variable costs of generation for each group shall be those laid down for the installation type that are assigned.

6. the remuneration for variable costs of operating in the periods when the Group has operated as a result of circumstances beyond the outcome of the economic dispatch by the system operator in accordance with article 60.3, and who come not arising from the fulfilment of the obligations under the State regulations, will be assessing the energy transferred to the network to the hourly price of sale of energy in the isolated system j , Phventa (j), defined in annex I.

7 for the determination of the parameters of the compensation for variable costs of generation facilities type of cogeneration or waste shall be taken into account, as appropriate, the following: a) income standards indirectly from the production of associated useful heat for cogeneration installations.

(b) revenues or costs avoided standards for facilities whose primary energy source is waste.

The determination of these revenues or costs avoided standards shall be established by order of the Minister of industry, energy and tourism.

Article 32. Variable costs of operating fee.


The variable costs of each generator group i performance fee is associated with the consumption of fuels derived from the operation of the group. For a given period, shall be calculated as sum of remuneration by variable costs of operation of the group each hour h of that period.

Remuneration for variable operating costs of each generator each time i h electrical isolated j, CcombL (i, h, j), expressed in €, will be calculated according to the following expression: CcombL (h, i, j) = [a (i) + b (i) * p (i, h, j) + c (i) * p2 (i, h, j)] * pr (i, h, j) being: p (i, h (, j): time power in MW in bars of central in the hour h provided by group i of the isolated electrical system j in State of March.

to (i), b (i) and c (i): parameters technical of liquidation of the installation type, expressed in th / h, th / h.MW and th / h.MW2, respectively, that will be approved in accordance with the established in the article 21.3.

PR (h, i, j): average price of the thermal energy from the fuels used in March State by group i of the isolated electrical system j in the hour h, valued at €/th PCI, calculated as indicated in article 40.

Article 33. Pay for start-up costs associated with the fuel.

1. the startup costs associated with fuel fee is that relating to the consumption of fuel in the process by which a group goes from a State of March at minimum load conditions, to another State in March in the same conditions, with an intermediate state of unemployment.

2. the start-up costs associated with the fuel fee gets multiplication unit values start liquidation fuel by the number of starts of the group, excluded the starts made by decoupling due to faults of the groups.

Unit values of start of liquidation of a group of isolated power system j i fuel, CarL(i,j), expressed in €/ boot, are calculated according to the following formulation: CarL (i, j) = to ' (i) * [1 - exp(-t/b' (i))] * experienced (i, j) where: t: time elapsed since the last stop, in hours. In those cases in which the value is more than 14 hours, will take a value of constant t equal to 14 hours. By order of the Minister of industry, energy and tourism this bumper value of 14 hours may be modified.

'(i) and b' (i): parameters of liquidation of the installation type technicians, expressed in th and h, respectively, which will be approved for each period regulatory in accordance with article 21.

inmate (i, j): average price of the thermal energy of the fuels used in start-up periods stopped by group i of isolated power system j in that boot, valued at €/th PCI, calculated as indicated in article 40.

Article 34. Costs of regulation band fee.

1 pay for costs of regulation in one hour band corresponds to the extra cost of exploitation of a generating set power band to upload and download assigned by the operator of the system for the regulation of the balance between generation and demand.

2. the fee costs of regulation in one hour CbrL (h, i, j) band, will be 1% of remuneration for variable operating costs, (i, h, j), CcombL of the group.

Article 35. Variable costs of operation and maintenance fee.

1. the variables of operation and maintenance of operating costs fee is intended for covering the costs of materials and the work carried out in relation to the scheduled reviews of each group, in function of their hours of operation, taking into account the regime operating in accordance with maintenance plans. The consumption of consumables and additives are included in this concept.

The retribution for variable costs of operation and maintenance of functioning of a group, expressed in euros, will be calculated for a period determined as the product of the generated energy measured in bars of central in that period per unit values of operation and liquidation of the installation type variable maintenance.

Unit values of operation and liquidation of the installation type variable maintenance, O & MVLI, are expressed in €/ MWh, and will be, for each regulatory period, approved in accordance with article 21.

2. the variable costs of additional operation and maintenance due to the start-up fee is associated with the additional cost of operation and maintenance from the start of the group.

Retribution by variable due to boot additional operation and maintenance costs is obtained from multiplying economic parameter "d" by the number of starts of the group, excluding the starts made by decoupling due to faults of the groups, where «d» parameter which reflects the compensation for additional costs of operation and maintenance due to the start-up of the installation type valued at euros.

The installation type d economic parameter will be approved for each period regulatory in accordance with article 21.

Article 36. Pay for other operating costs.

The other operating costs fee includes tolls for access to the networks of transport and distribution electricity producers resulting from the implementation of the legislation in force, must meet the payments for the financing of operator of the system and, where appropriate, of the market and of the tax on the value of the production of electrical energy derived from the application of the law 15/2012 , of 27 December, fiscal measures for sustainable energy.

For this purpose, holders of power plants that have recognized an additional remuneration regime be sent to the Directorate-General for energy and mines along with the application for approval of the final amount of generation costs of settlement established in article 72.3. c) audited costs incurred by groups for these concepts. These additional costs will be recognized, on the proposal of the National Commission of markets and competition, in the resolution of the Director-General of energy and mines which approves the definitive amount of generation costs referred to it in the article 72.3. e).

The tax on the value of the production of electrical energy derived from the application of the law 15/2012, of 27 December, will only be recognized once credited the payment according to the presentation, in case of direct debit, the presentation of the autoliquidación and proof of bank payment document, and in the case of debit account NRC provided by the Bank that consists in the autoliquidación document.

Article 37. Costs of emission rights fee.

1 pay for costs of emission rights from a group, expressed in euro, for a certain period of time, shall be calculated as the sum of the costs of emission rights fee schedule, CCO2Lh.

2. the fee costs of the time allowances at € is: CCO2Lh = p (i, h, j) * PCO2L * fie being: p (i, h, j): time power in MW in bars of central in the hour h provided by group i of the isolated electrical system j in State of March.

PCO2L: Price of emission rights of settlement, expressed in €/ tCO2. The Directorate-General for energy and mines will approve the price of emission rights from li quidacion, that will be calculated annually as the average of the daily price of the auctions of these rights in the secondary market of emissions held common platform in the year for which settlement occurs.

fie: (fie) emission factors set out in paragraph 4(a) of the National Plan of allocation of GHG emission rights greenhouse, 2008-2012, approved by Royal Decree 1370 / 2006 of 24 November, or standard substituted.

3. this compensation shall not apply to technologies not defined in the National Plan for allocation of current greenhouse gas emissions.

Article 38. Review of technical parameters of liquidation. Test of performance of power plants.

1. review of technical parameters of liquidation of the installation type will be made from the results of the performance tests according to the procedure laid down in annex III.2 and pursuant to then.

The results of performance tests conducted on groups whose reports of supervision of the tests have been referred to the Directorate General of energy and mines and the National Commission of markets and competition for the 6 years prior to September 30 of the penultimate year of the regulatory period shall be taken into account for this purpose.

The revision of the technical parameters of the settlement will be made in technology and power range, i.e., take the results of performance tests of all groups assigned to installations of the same technology and power range, with independence of the non-peninsular territory in which they are located. The revised values of the technical parameters of each technology and power range will be applicable to all types of technology and power range facilities.

2. the technical parameters of liquidation shall be calculated according to the following principles, in accordance with the methodology established in annex III:


(a) the technical parameters of the variable costs of operating, a, b and c, fee will be calculated from the specific consumption tests conducted to groups of same technology and power range and a curve of standard specific consumption, as defined in annex III.2.

(b) the technical parameters of unit values of start of fuel, a 'and b', shall be calculated using the exponential curve fitting of cost in therms front full-time starter, from the trials of cost of start-up of the same technology and power range groups.

3. the Directorate-General for energy and mines and the National Commission of markets and competition may apply to the operator of the system, the technical information required for the calculation of these parameters, obtained from tests of performance and the regular functioning of the groups.

The system attendant will monitor the firm's production costs, analyzing the differences in the resulting costs between the application of the technical parameters of liquidation and technical data of the Central Office.

4. any action aimed at alteration or distortion of the result of testing of performance by the owner of the installation will be, where appropriate, punished in accordance with the penalties the law 24/2013, on December 26, in the Electricity Sector.

Article 39. Review of economic parameters of liquidation.

1 on the revision of the economic parameters of liquidation shall take into account the concepts of cost indicated in this Royal Decree which would incur an efficient and well-managed company.

Unit values of operation and variable maintenance of settlement and economic parameter «d» of the retribution for variable costs of additional operation and maintenance due to boot, will be revised as set out in annex III. 2 and taking into account the cost audit presented by the companies of the generation facilities referred to in article 21.

2. for the revision of these parameters the Directorate-General for energy and mines and the National Commission of markets and competition may ask the system attendant necessary technical information obtained in performance tests, both in the regular functioning of the groups.

Article 40. Calculation of the price of fuel.

1. the average price of the thermal energy from fuels, pr (i, h, j), and the average price of the thermal energy of the fuels used in start-up periods stop, experienced (i, j), shall be calculated from the consumption of each of the fuels used and its calorific value, as indicated in the annex VI.1.

Fuel mix approved by the Directorate-General for energy and mines to normal operating status and the fuel mixture for starting each of the groups will be which are recognized in the process of programming the clearance and settlement of the costs of generation of plants fee.

For this purpose, producing subjects must declare monthly the system operator stored fuel, procurement and consumption of fuel from each group along with the results of the analysis of verification of the technical specifications of each acquired product. Deviations from approved mixtures will be brought to the attention of the Directorate-General for energy and mines by the system operator. For the purposes of the very serious offence criminalized in article 64.38 of law 24/2013, of 26 December, the Electricity Sector, the use of a fuel other than the authorized will be considered as a manipulation aimed to alter the price of electric power.

2. exceptionally, in those groups for which it was not possible to determine a priori a mixture of regular fuel, to be used from other processes associated or combustible fuels whose technical characteristics are not standards, the Directorate-General for energy and mines, following a report of the National Commission of markets and competition, it may authorize the use of a mixture of variable fuel within a range. In this case, the owner of the installation shall declare to the system attendant fuel mixture that is intended to be used in every hour, which will be used both for the purpose of clearance and settlement.

3. Notwithstanding the foregoing, when a generator subject senses the need, in any of its generating units, a fuel or blend of fuels other than those authorized to maintain planned production program, it will in knowledge of operator of the system indicating the characteristics of the fuel or fuel mixture and the expected duration of the change. Exceptionally the system operator may temporarily authorize the use of a fuel or fuel mixture other than the authorized pursuant to annex VI.2.

The system operator shall annually notify the Directorate-General for energy and mines authorisations for exceptional use of fuel indicating the causes that motivated the change of fuel or blend, technical characteristics of fuel or authorized mix and the duration of the authorization.

4. in the case of restrictions on the use of fuels derived from regional or local regulations that entail greater costs of generation, the owner of the production facility may establish agreements or other arrangements with regional and local authorities to cover the overrun caused.

Otherwise, the holder of the production facility must notify the system operator and declare the group unavailable in all periods in which this overrun occurs. The single system attendant can schedule these groups when it is essential for the security of supply, recognizing, in this case, the derived cost overrun.

5. the components of the price of fossil fuels for the purpose of liquidation, prc (c, i, h, j), among which is included the costs of logistics fee, and the methodology for the determination of the price and its calorific value lower pci(i,h,j), will be approved by order of the Minister of industry, energy and tourism, taking into account the different technologies implemented in each system and the information sent by the owners of production facilities corresponding to the invoices of the supply of fuel.

For the determination of quoted price of fossil fuel fuel auctions will be held.

The price of fuel to be used for the purposes of dispatch will be which is established by order of the Minister of industry, energy and tourism.

6. the price of the fuel (c, i, h, j) prc for the purpose of shipping and for purposes of liquidation, as well as to lower calorific pci(i,h,j) of fuels from biomass, biogas and waste shall be approved by order of the Minister of industry, energy and tourism, taking into account the different technologies implemented in each system.

Article 41. Procedure of auction for the supply of fossil fuels.

1. the supply of fossil fuel will be a tender procedure in terms and assumptions that are established by order of the Minister of industry, energy and tourism. In any case, the procedure shall be subject to the principles of competition, transparency, objectivity and non-discrimination.

The mechanism of auction to which this article refers shall comply with the following requirements: to) the object of the auctions will be the fuel supply and price determination.

(b) there will be auctions for each of the types of fuel used and for each of the non-peninsular territories.

(c) the owner utilities of the stations will present the proposal for list of bases that have to govern the summons and the draft contract which has to subscribe with the successful bidder who will be responsible for.

(d) will establish a reference price of fuel from which the starting price for the realization of the auction of fuel will be calculated and will be subsidiary to the fixing of the price of fuel in those cases in which this price using the auction established in this article could not be set.

2. the components of the reference price of each of the fuels used and the methodology for their determination to shall be approved by order of the Minister of industry, energy and tourism, taking into account the different technologies implemented in each system and the information sent by the owners of production facilities to which article 31 refers.

Furthermore, by order of the Minister of industry, energy and tourism, the manager responsible for the processing and management of the auctions shall designate.

3. in the cases in which the auction was deserted-producing subjects must come to particular supply contract. In these cases the price of the fuel to give back will be the reference price of fuel from which it has estimated the price of output for the completion of the auction.

Article 42. Exceptions from application of the auction for the supply of fossil fuels.


By order of the Minister of industry, energy and tourism may derogate from the acquisition of certain fuels auction mechanism defined in the preceding article for those facilities whose fuel does not represent a significant volume to carry out this process. In these cases the holder shall submit to the Secretary of State for energy at least three budgets of fuel supply, from which the supply and price of fuel is determined. In any case, the procedure for the determination of the price shall be subject to the principles of competition, transparency, objectivity and non-discrimination.

Chapter IV procedures relating to the granting and revocation of section 1 procedures applicable additional remuneration regime and the demand article 43. Procedures for granting of the additional remuneration regime.

1. the granting of the additional remuneration regime will take place through competitive procedures.

2. when necessary the installation of new power to cover a deficit of power in the long term, there will be a call for a procedure of competitive concurrency for the granting of the favourable resolution of compatibility, which will be held in accordance with section 2.

Groups that obtain favorable resolution of compatibility will be entitled to the perception of the additional remuneration regime, in terms regulated by this title.

New installations and registered in the administrative register of installations of electric power production that made new investments either, ending its useful life regulatory intend that the additional remuneration regime is awarded them again because they entail a savings to the system without making new investments may participate in this procedure. The applications relating to these three types of facilities will be assessed jointly.

3. without prejudice to the foregoing, by order of the Minister of industry, energy and tourism, it may be called contests for the granting of the additional remuneration regime, in order to reduce the costs of the electrical system in accordance with section 3.

Article 44. Annual report of the demand.

As provided in article 2.4 of the law 17/2013, October 29, the system operator shall send to the Ministry of industry, energy and tourism and to the competent body in energy of the autonomous region or autonomous city that corresponds, in the first fortnight of the month of January of each year, an annual report of the demand It will encompass a time horizon of 5 years from the year following the report.

In this report, the system operator shall determine the powers necessary to ensure coverage of the demand, taking into account existing and planned networks and the planned introduction of generation facilities and, where appropriate of bulges.

For the preparation of this report, will follow the criteria laid down in annex VII.1.

Article 45. Risks of the demand in the short term.

In those cases in which the System Attendant detected risks on the security and continuity of supply in the annual horizon, send a report to the Ministry of industry, energy and tourism and to the competent body in energy of the autonomous region or autonomous city which correspond, which put of manifest this situation as well as the specific proposal of necessary equipment. In these cases will proceed according to the provisions of article 59.

For the preparation of the report will take into account the methodology set out in annex VII.2.

Section 2 procedure of competitive concurrency for the granting of the favourable resolution of compatibility article 46. Announcement of the procedure for the granting of the favourable resolution of compatibility.

1 when the system attendant revealed in its annual report of coverage the existence of a risk of lack of coverage on the horizon of the analysis, the Secretary of State for energy shall convene prior report of the autonomous communities and autonomous cities affected, by resolution, a procedure of competitive concurrency for the granting of the favourable resolution of support for production of electric power facilities category.

He report requested to the communities autonomous and cities autonomous affected must be evacuated in the term of 15 days from the reception of the request.

In the resolution of the call the Secretary of State for energy will establish the planned additional thermal and power in your case, not flowing hydroelectric facilities should be installed to ensure the demand in each of the electrical isolated systems for each of the next 5 years. Also in this resolution signals of localization can be knots, and may be technical limitations, among other aspects, the size and technology groups.

This decision shall be published in the «Official Gazette».

2. the procedure will take place in accordance with the provisions of the following articles and will be resolved by the Department of energy and mines.

3. the favourable resolution of compatibility will have effects which referred to article 2.1 of law 17/2013, October 29, for assurance of supply and increased competition in the insular and extrapeninsulares electrical systems.

Article 47. Presentation of applications and admission criteria.

1. following the publication in the "Official Gazette" of the resolution's call for the procedure of competitive concurrency, holders of new power generation facilities category A, holders of category A groups registered in the administrative register of electrical energy production facilities making new investments and the owners of groups of the category to finish their regulatory useful life and intend to be granted again the regime remuneration without making new investments, they may ask the granting of resolution compatibility effects of recognition of the additional remuneration regime-friendly the Directorate-General for energy and mines.

The deadline for submission of the application shall be two months from the publication of the aforementioned resolution of the Secretary of State for energy.

The application shall contain the information provided for in annex VIII.1, as well as any other information that could be included in the resolution's call, and shall be accompanied by the receipt of the General deposit box certifying of having deposited the economic guarantee established in article 50.

2. the ownership of the facilities for which prompted resolution of compatibility is subject to limitations established by the law 17/2013, on 29 October, for assurance of supply and increased competition in the insular and extrapeninsulares electrical systems.

When not present any request from holders of generation groups that are not subject to the aforementioned limitation of ownership is may be processing applications from companies or enterprise groups which possess a percentage of power generation of electricity exceeding 40 per cent in that system. In other cases, the Directorate-General of energy and mines will solve inadmitir applications which fail to comply with these limitations.

3. only those facilities that you can assign type facilities included in the first final provision or others that could be established by order of the Minister of industry, energy and tourism will be accepted admissible in the proceeding and who have approved, prior to the expiry of the deadline for submission of applications, technical and economic parameters of your installation type that determine the remuneration for variable generation costs and costs fixed.

Article 48. Processing of applications.

1. within a maximum period of one month from the expiry of the deadline of receipt of applications, the Directorate-General of energy and mines will approve the provisional list of admitted and excluded from the call. In that resolution, to be published in the electronic office of the Ministry of industry, energy and tourism, be designated a period of ten business days to rectify, in his case, the defects that had motivated the exclusion or omission.

2 finished this period, the Directorate-General for energy and mines shall adopt the definitive list of admitted and excluded from the call, publishing the resolution in the electronic office of the Ministry of industry, energy and tourism. It shall also forward report requests accepted for processing by the system operator and the autonomous communities and autonomous cities affected.

3. the operator of the system, within a maximum period of 45 days from the receipt of the request for report, shall issue a report which will analyse the issues indicated in annex VIII.2.

For the preparation of the report, the system operator may require companies applying additional information in which case may request an extension of the deadline for the issuance of the report to the Directorate-General for energy and mines.


The system operator shall transmit the report together with the additional information which may have requested the General Directorate for energy and mines.

4. within a maximum period of 15 days from receipt of the report of the system operator, the Directorate-General of energy and mines will request report to the National Commission of markets and competition, attaching to the application all the documentation submitted and the report of the system operator.

The aforementioned Commission, within a maximum period of 45 days from the receipt of the request, shall send its report to the Directorate-General for energy and mines. The Commission shall include in the report an analysis of the aspects made manifest by the system operator and perform an economic valuation of the condition of each application for new generating set, or new investment groups already enrolled in the administrative register of facilities for production of electric power, or granting again of the additional remuneration regime for groups that go to end of life regulatory on the electric system costs defined in article 13 of the law 24/2013, on December 26, affected and on the cost of generation and adjustment services defined in article 71 in the medium and long term.

5. the autonomous communities and autonomous cities will have a period of two months from the receipt of the request to send to the Directorate General of energy policy and mines the report requested so they can make observations in which it could affect the concrete exercise of their powers, which shall set forth in the aforementioned resolution of compatibility of the Directorate-General for energy and mines. This report will assess in a justified manner at least two aspects, the possible existence of any urban or environmental regulations that would prevent the construction of the installation in the vicinity of the proposed connection knots and if there is any administrative obstacle to compliance with the dates of final registration registration and obtain prior administrative authorisation.

Article 49. Resolution of the procedure of competitive concurrency for the granting of the favourable resolution of compatibility.

1 collected the reports referred to in article 48, the Directorate-General of energy and mines will resolve the procedure, prior procedure of hearing to interested parties. The Directorate-General for energy and mines shall apply the criteria set out in annex VIII.3 for the determination of groups that required the granting of the favourable resolution of compatibility.

2. the deadline for issue and notify the resolution of the procedure of competitive concurrency for the granting of the favourable resolution of compatibility will be six months from the expiry of the deadline of receipt of requests. This resolution will be published in the «Official Gazette» with the effects provided for in article 59.6. b) of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

3. in cases in which is do not cover the power facilities is granted to the favorable resolution of compatibility, by order of the Minister of industry, energy and tourism may be called competitions of new capacity in the terms set forth in article 55.

Article 50. Warranties.

1 participation in the procedure of competitive concurrency for the granting of the favourable resolution of compatibility will require the presentation, to the Directorate-General for energy and mines, the General deposit box guard accrediting of deposit of a financial guarantee amounting to 2 per cent of the standard value of the investment that is assigned to the new group , VIi, standard on the date of application of the favourable resolution of compatibility or, in the case of new investments, of the planned investment.

The guarantee shall be in the form of cash or collateral provided by credit institutions or reciprocal guarantee companies, as laid down in Royal Decree 161/1997 of 7 February, which approves the regulation of the General deposit box.

The object of the guarantee will be the registration of the generating set definitively in the administrative register of installations of electric power production dependent on the Ministry of industry, energy and tourism meeting, in any case, the requirements established in the annex VIII.4.

The person or entity that constitutes the guarantee must correspond to the applicant from the favorable resolution of compatibility.

You must be expressly indicated in the receipt of the security which it is deposited for the purposes of compliance with the provisions of this article.

2. with prior to it address General of political energy and mines resolved the procedure of concurrency competitive, the interested may desist of its application and request the cancellation of the warranty.

3. in addition, if the applicant does not respond within three months to the requirements of the administration of information or action, the request means by rejected. The request will be expressly that end in application of article 92 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

4. the inadmissibility or refusal of the application for participation in the competitive procedure will be considered sufficient reason for cancellation of the warranty, and must request the cancellation by the person concerned at the Directorate-General for energy and mines.

5. Once issued the favorable resolution of support for a group, the withdrawal in the same building will result in the execution of the guarantee.

This however, the Directorate-General for energy and mines may exempt the enforcement of the security deposited by the owner of a facility, if the withdrawal in the same building is given by circumstances preventive either directly or indirectly attributable to the party concerned and thus outside requested by the latter at the Directorate-General for energy and mines prior to the deadline for the final registration in the register of administrative production facilities electric power.

Article 51. Content of the resolution of the competitive procedure.

1 resolution of the competitive procedure expressly, collect at least the following information concerning each group who are granted the favorable resolution of compatibility: to) expected year of final registration in the administrative register of installations of electric power production, which will be called henceforth AREG.

((b) authorized power, thereafter, Paut c) technology.

(d) connection knot.

(e) resolution of compatibility, CIC identification code.

2. in the case of new investments, it will be included, as well as earlier information who may apply, the value of the new authorized investment and new investment regulatory useful life.

3. for requests again granting of additional remuneration regime of groups that go to end of life and that will not make new investments will be exclusively authorized power, Paut.

Article 52. Effects of the favorable resolution of compatibility.

1. the favourable resolution of compatibility will grant the holder eligibility for additional remuneration regime regulated by this title, subject to the fulfilment of the requirements laid down in annex VIII.4. This right will be granted lifetime regulatory of the projected group and for a certain value of power, in the terms provided for in this article.

Those groups that obtain prior administrative authorisation without the favorable resolution of compatibility is not entitled to the remuneration regime further, sensing the economic regime established in article 8.

2. the owner of the installation will be required to report to the Directorate General for energy policy and mines any administrative act which hinders the execution of the project, within the period of one month since it has been notified. The effects of violations typified in the law 24/2013, on December 26 the breach of this obligation by the deadline it will be considered as no-show in form and term of any data object definition or perception of the remuneration scheme for activity with regulated remuneration, without prejudice to the concurrence of other penalties which may be applicable in accordance with the law.

In these cases shall be return of the guarantees submitted provided that the owner of the installation to notify within the prescribed period.

3. the additional remuneration regime granted to the group will present the characteristics set out in annex VIII.5 motivated by differences between the authorized power, Paut, and net power registered in the administrative register of electrical energy production facilities.

Article 53. Granting of additional remuneration regime for new investments.


1 new investment on groups registered in the administrative register of electrical energy production facilities, to be entitled to additional remuneration regime perception in the terms provided in article 19, will require favorable resolution of support issued prior to the issuance by the competent authority of the prior administrative authorisation of modification. In cases in which will be investing in a group that is going to end of life regulatory, the request will be handled, before completion of the regulatory life.

Applications for recognition of new investments will be made in the procedure of competitive concurrency for the granting of the favourable resolution of compatibility regulated in this section.

Those installations that made new investments that obtain prior administrative authorisation without the aforementioned favorable resolution is not entitled to the remuneration regime further, sensing the economic regime established in article 8.

2. do not come those investments derived from the lack of maintenance of the plant. For this purpose, prior to the issuance of the resolution of compatibility, there will be an inspection of the facilities in order to verify its effective maintenance.

All this without prejudice to the sanctions that could be set by default, by the holder of the facilities, of their obligation to keep them in adequate conditions of conservation and technical suitability, as set out in the law 24/2013, on December 26, in the Electricity Sector.

3. the procedure for the granting of the additional remuneration regime for those new investments that will culminate with the inscription of a new group in the administrative register of electrical energy production facilities will be made pursuant to this chapter, as if it were a new group.

4. the procedure for the granting of the additional remuneration regime for new investments of a group registered in the administrative register of electric power production facilities that do not involve the registration of a new group in the administrative register will be made pursuant to this chapter, with the exceptions regulated by Annex VIII.6.

5. the recognition of additional remuneration regime for these facilities will be provided for in article 57.

Article 54. Granting of additional remuneration regime for facilities whose regulatory life will end and will not make new investments.

1. the groups that exceed their regulatory useful life will no longer be entitled to additional remuneration regime, receiving its energy generated the economic regime established in article 8.

2. Notwithstanding the provisions of the preceding paragraph, the owner of the installation may request to be given back the additional remuneration regime. Such a request will be held before the end of its life cycle regulatory, the procedure of competitive concurrency for the granting of the favourable resolution of compatibility laid down in this section.

The favorable resolutions of support issued will have the effects referred to in article 52, not being of application laid down in the annex VIII.4 conditioned. Likewise, not be required the presentation of the financial guarantee established in article 50.

In those cases where the power authorized in the favorable resolution of compatibility match power inscribed in the administrative register of electrical energy production facilities, the Directorate-General for energy and mines will resolve ex officio the recognition of additional remuneration regime.

In other cases, once granted the favorable resolution of compatibility, the owner of the installation shall request the recognition of additional remuneration regime, in accordance with the procedure laid down in this chapter.

Section 3 contests for the reduction of costs article 55. Contests for cost reduction.

1. by order of the Minister of industry, energy and tourism, contests for the installation of new power production of category A may be in an isolated electric system which, even exceeding the planned additional power, reduce the cost of generation in such a system.

Such competitions may include economic signals of localization for the resolution of zonal technical restrictions.

The aforementioned order will establish the terms which will develop competition, enforceable guarantees, the remuneration arrangements applicable to facilities awarded and the requirements to facilities for the perception of the remuneration arrangements. Also be determined if it is application as provided in paragraphs a and b of the annex VIII.7, and, if not, the applicable procedure, and define responsible Declaration model for holders together with the application for recognition of the additional remuneration regime, in accordance with annex VIII.7.c.

When the procedure affects a single autonomous region or autonomous city, are prompted the issuance of report to the same, giving 15 days so it can make observations, in what might affect the concrete exercise of its powers, which shall be entered in the resolution for the award of the contest.

2. the resolution for the award of the contest will give compliance to the requirement in article 2.1 of the Act 17/2013, October 29, for assurance of supply and increased competition in the insular and extrapeninsulares electrical systems.

Under cover of the provisions of article 1.3 of the law 17/2013, on 29 October, for assurance of supply and increased competition in the insular electrical systems and extrapeninsulares, when the values of power needed to ensure coverage of demand are not exceeded, and when there was no other company interested in promoting facilities extraordinary and in the terms established in the order defined in paragraph 1, may award the contest to a company or group of companies having a percentage of power generation of electricity exceeding 40 per cent in that system.

3. this mechanism may be eventually used for the granting of the compensatory regime to new power when the system attendant highlighted this need annual coverage report.

Section 4 special features of the procedure for grant of additional remuneration regime to pumping facilities derived from a competitive procedure.

Article 56. Procedure of granting of additional remuneration regime to pumping facilities derived from a competitive procedure.

1. when the construction of a pumping installation derive a competitive procedure convened under the terms established in article 55, the ownership of the same will correspond to the successful bidder of this contest, as laid down in article 5(2) of the law 17/2013, October 29.

2. with the aim of ensuring the realization of the investments, the applicant must submit, together with its offer to participate in the competitive procedure he referred to the preceding paragraph, a proposal for a timetable for the construction of the facility as well as the receipt of the General deposit box of having introduced a guarantee for an amount of 2 per cent of the budget of the projected installation , with the minimum value that is set in the invitation to tender.

3. the schedule will be approved jointly with resolution of award of the contest, following a report of administrations and agencies concerned and after hearing the person concerned, and the effects of the mentioned resolution conditioned to the fulfillment of the timetable.

Failure to comply with any of the milestones on the calendar will determine, prior procedure of hearing and using reasoned ruling, the execution of the guarantee and the Declaration of the impossibility of perception of the compensation regime established in this title for this installation by the proprietor or by any company of the group defined as set out in article 42 of the code of Commerce.

This however, the body competent to resolve the procedure may, upon justified request of the person concerned and by means of reasoned ruling, modify in whole or in part the milestones on the calendar when their fulfilment see hindered as a result of non-compliance by the Government, or if the operator of the system, the time limits that normatively come subject in the processing and resolution of the different procedures.

4. the guarantee will be cancelled when the owner of the installation's pumping get resolution of recognition of additional remuneration regime of installation. Throughout the procedure, the applicant voluntarily withdraws from the administrative handling of the installation or does not respond to the information requirements of the Administration in the period of three months, shall be to the execution of the guarantee.


5. the procedure of recognition of technical and economic data and the administrative register of installations of electric energy production of the facilities covered in this article will take place as laid down in title III. The recognition of additional remuneration regime for these facilities will be provided for in article 57.

6. without prejudice to the provisions of title VII, pumping facilities not included in the cases referred to in this article shall not be entitled to additional remuneration regime, receiving its energy sold the economic regime established in article 8.

5th recognition and reversal of additional remuneration regime section.

Article 57. Recognition of the additional remuneration regime.

1. to be the recognition of the additional remuneration regime, the owner of the installation should send to the Directorate General for energy policy and mines documentation defined in annex VIII.7 attesting compliance with the established conditioned.

Lack of referral of the cited documentation within the stipulated deadlines will produce the lapsing of the favorable resolution of compatibility, extinguished the right to additional remuneration regime perception.

2. the Directorate-General for energy and mines, subject to verification of compliance with the requirements, resolved to recognize the additional remuneration regime of the group, and in the appropriate cases, dictate the order of cancellation of the guarantee ex officio or, where appropriate, of the fraction of the applicable warranty. Otherwise it will solve rejected the request for recognition of the additional remuneration regime, resulting in the extinction of the right of their perception.

3 where appropriate the implementation of the guarantee in accordance with this chapter, the Directorate-General for energy and mines start ex officio a procedure whose purpose is the execution of the guarantee or fraction of the warranty that corresponds.

4 resolution of recognition of the additional remuneration regime shall adopt, where appropriate: to) the value of the investment recognised each group i.

(b) the life regulatory during which the group is entitled to receive additional remuneration regime.

(c) the installation type assigned required for the determination of those parameters technical and economic of liquidation.

(d) the power on which the remuneration regime further and, in his case, the factor M defined in annex VIII.5 which determines the reduction of the additional remuneration regime derived from deviations between the net power entered in the register and the authorized power is recognized.

5. the deadline for issue and notify the resolution's recognition of the additional remuneration regime of the Group shall be three months. The Directorate-General for energy and mines shall notify this decision to the interested party, to the National Commission of markets and competition, the body competent to authorize the installation and the system operator.

6. the resolution's recognition of the additional remuneration regime of the group will be required for the application to that group the additional remuneration regime regulated in the present Royal Decree.

The additional remuneration regime is accrued from the first day of the month following the registration of the Group definitively in the administrative register of electrical energy production facilities.

During the period of time between the start of the spill and the registration of the Group definitively in the administrative register of electrical energy production facilities the group charged, by its energy generated the economic regime established in article 8.

Additional remuneration regime of the groups to which has been granted to them again that system, without new investments, to have completed its life cycle regulatory, accrued from the first day of the month following the completion of extinct life regulatory. Until that time, facilities entitled to the perception of the additional remuneration regime that had been receiving previously.

The additional remuneration regime for new investments on groups listed in the administrative register of installations of electric power production accrued from the beginning of life regulatory of the new investment in accordance with annex IV.

(7. during the period of time between the registration of the Group definitively in the administrative register of facilities for production of electric power and the adoption of the resolution in recognition of the additional remuneration regime, the group will be liquidated by its power solely generated by the amount established in article 72.1. c) 8. Reports of the demand, not take into account the power of those facilities whose additional remuneration regime been extinguished under the aegis of the provisions in this article and in article 52, except that these facilities remain available and participate in the production office.

Article 58. Revocation of the right to additional remuneration regime perception.

1. If at any time is found non-compliance with the conditioned and requirements laid down in article 52 and annex VIII, of the requirements for facilities awarding of competition defined in article 55, or any other requirements of this Royal Decree for the perception of the additional remuneration regime, the Directorate-General for energy and mines may initiate the procedure for the revocation of the right to additional remuneration regime perception of accordance with the provisions of this article.

2 also will be grounds for revocation of the right to additional remuneration regime perceived as follows: to) if as a result of an inspection or any other valid means, in law, be found that do not maintain conditions which served to grant the additional remuneration regime.

b) if at any time it is noted that there is falsehood in responsible for statements or the remaining documentation submitted to the Administration in relation to the perception of the additional remuneration regime.

(c) failure to comply with the other obligations and requirements provided for in this Decree.

3. the revocation of the right to additional remuneration regime perception occur at the request of the interested party or ex officio, upon instruction of 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 from the date of the initiation agreement issued by the Directorate-General for energy and mines.

The Directorate-General for energy and mines information about resolution's revocation of the right to the perception of the additional remuneration regime to the autonomous region or autonomous city affected, the National Commission of markets and competition and to the system operator.

4. the revocation of the right to the perception of the additional remuneration regime will take effect from the date on which the requirements have not been fulfilled to qualify their perception and will, where necessary, the refund of amounts unduly received with corresponding interest. These amounts will be reinstated and considered extra-cost of production reduction in electrical systems of the non-peninsular territories, all without prejudice to the applicable sanctioning regime.

For this purpose, the system operator shall calculate the amount corresponding to the difference between the perceived amounts and the rights of recovery that would have corresponded to the installation if it had not been perceptora of remuneration regime specific or additional, calculated in accordance with article 8 and shall so inform the body responsible for the liquidation of the electrical system who will proceed to settle, in your case, the amounts unduly received.

5. in the reports of the demand, not be taken into account the power of those facilities whose additional remuneration regime has been revoked under the aegis of the provisions of this article, except that these facilities remain available and participate in the production office.

Title V adoption of temporary and extraordinary measures to ensure security of supply article 59. Remuneration by temporary and extraordinary measures to ensure security of supply.

1. in those cases where the system attendant put revealed risks of the demand in the short term, community or autonomous city affected shall, pursuant to article 7.5 of the law 24/2013, on December 26, request to the Ministry of industry, energy and tourism the recognition of the economic impact for the adoption of measures for the security of the supply , prior to its adoption.

Together with the request, the community or autonomous city shall indicate the period of time, power, groups and where appropriate location, the technology necessary to cover the risk of the demand.


2. by order of the Minister of industry, energy and tourism, will be recognized, where appropriate, the economic impact that might result from the adoption of these extraordinary measures to ensure security of supply for a given power, according to the approved technical and economic characteristics and for a period of time.

3. the prior administrative authorisation of installation by the competent authority shall take into account the order indicated in the previous section and will have a limited duration.

4. these facilities are not listed in the administrative registry of production facilities, nor will be included to calculate the demand and will be only released in those moments where there is some risk to the security of supply, so it is not required for resolutions of recognition of technical or economic data regulated by articles 11 and 12.

5. the community or autonomous city which have been recognised the economic impact that might result from the adoption of extraordinary measures to ensure security of supply, will transfer to the Directorate-General for energy and mines, on an annual basis, of the application by the holder of the system of recognition of such economic impact, together with an audit of costs are incurred. For these purposes, is only taken into account those costs and investments which respond only to the generation of electric power.

The General direction of energy and mines, subject to verification of compliance with the requirements set out in the order of the Minister of industry, energy and tourism, shall adopt, if necessary, in the resolution defined in article 72.3. e), the final amount of the costs of the installation of groups by adopting measures temporary and extraordinary to ensure security of supply.

The energy corresponding to these facilities and their costs will be as a service adjustment for assurance of supply and safety each system.

The body responsible for the liquidation of the electricity sector will integrate into their settlements this cost as additional production in the electrical systems of the non-peninsular territories.

Title VI Office procedure and liquidation of the generation.

Article 60. Production firm.

1. to production facilities located in the electrical systems isolated from the non-peninsular territories shall be their application, provided that these territories are not inserted in the market of mainland production, the provisions of this Royal Decree relative to the firm's production.

2. without prejudice to the provisions of the Royal Decree 1623 / 2011, of 14 November, which regulate the effects of the entry into operation of the link between the Mainland electric system and the Balearic Islands, and amending other provisions of the electricity sector for the Majorca-Minorca partially connected with the peninsula isolated electrical system, establishes in each one of the systems isolated from the non-peninsular territories a dispatch by variable costs involving production facilities, marketers and direct consumers, directly or through their representatives.

The office will consist of programming intraday, daily, weekly and deviations in real time, which will result in a final schedule of the firm's production.

3. the office of units of production is manage by the operator of the system according to an order of merit economic of them costs variable of office of them groups, taking in has them restrictions technical of each system, them peculiarities in the office of production established for them facilities of pumping, as well as them reserves of power necessary to ensure the quality of the service.

4. by order of the Minister of industry, energy and tourism, on the proposal of the National Commission of markets and competition, will be an incentive to the system operator, positive or negative, that promotes efficiency and quality in the management of the office of these systems.

For these purposes, is defined an indicator of efficiency in the management of the firm and an indicator of quality of service, as well as a minimum of efficiency target and targets minimum quality to be obtained in accordance with the annex IX.

The positive or negative deviations between the efficiency indicator in year n and the minimum target of efficiency for the year derived from actual exploitation, and among the indicators of quality of service and minimum quality objectives, will be the basis for calculation of the incentive, being considered to increase or reduce the remuneration of the system operator.

Article 61. Variable costs of generation for the purpose of dispatch.

1. the variable cost of generation for the purpose of dispatch of each group will be the cost that will be used by the system operator in the realization of the firm's production units.

In accordance with article 26.2 of the law 24/2013, on December 26, the electricity from installations using sources of renewable energy and, after them, the installations of cogeneration of high efficiency, according to the definition provided for in article 2 of Royal Decree 616/2007, of May 11, on promotion of cogeneration , either category A or category B, will have priority for release for equal economic conditions, without prejudice to requirements relating to the maintenance of the reliability and safety of the system established in this Decree.

2 Notwithstanding the provisions of paragraph 5, the variable cost of generation for the purpose of dispatch groups of category A of electrical systems isolated from non-peninsular territories that have recognized the additional remuneration regime, is composed of the following concepts of cost: to) variable costs of firm fuel.

(b) costs of office startup.

(c) variable costs of operation and maintenance of firm.

(d) costs of regulation of firm band.

(e) cost of shipping emissions.

(f) reduction of variable income costs or costs avoided non-electric production, where appropriate. Those technologies in which a reduction of the fee is established by non-electric production revenue, variable cost of generation for the purpose of clearance will take into account a reduction of variable costs unrelated to electricity production, in the terms established by order of the Minister of industry, energy and tourism revenues.

3. for installations category B is established an instrumental variable cost of clearance of €10 / MWh produced. This value may be adapted by order of the Minister of industry, energy and tourism according to the variation in the costs of exploitation of these technologies.

4. variable costs of office facilities category that they are not entitled to additional remuneration regime perceived will be the values that the holders of these facilities communicate the operator's system for this purpose.

5. variable costs of dispatch of plants whose additional remuneration regime has been awarded under the aegis of the competitions for installation of new capacity laid down in articles 55 and 56, will be to determine the resolution of the contest.

Article 62. Variable costs of firm fuel.

Variable fuel costs of dispatch of each group i, for a certain period of time, shall be calculated as the sum of the variable costs of fuel of that Group Office hourly h of that period.

Variable fuel costs of dispatch each generator each time i h electrical isolated j, CcombD (i, h, j), expressed in €, will be calculated according to the following expression: CcombD (h, i, j) = [A (i) + B (i) * p (i, h, j) + C (i) * p2 (i, h, j)] * pr (i, h, j) being: p (i, h (, j): time power under MW in central bars at h hour for group i of the isolated electrical system j in State of March.

To (i), B (i) and (C) (i): technical data of firm, expressed in th/h, th/h.MW and th/h.MW2, respectively. They are coefficients of performance according to the level of load curve and will take the values contained in the administrative record of electric power production facilities.

PR (h, i, j): average price of the thermal energy from the fuels used by group i State of progress of the isolated electrical system j in the hour h, valued at €/th PCI, calculated as indicated in article 40.

Article 63. Office startup costs.

Each group i starting costs, are those associated with the process by which group goes from a State of March at minimum load conditions, to another State in March in the same conditions, with an intermediate state of unemployment. This concept includes both fuel consumption and the cost of operation and maintenance associated with the start of the group.

Office startup costs are obtained by multiplying unit costs of startup office by the number of starts of the group.

Unit costs of dispatch of a group i of the isolated electrical system j boot, CarD(i,j), expressed in €/ boot, are calculated according to the following formulation: CarD (i, j) = to ' (i) * [1 - exp(-t/B' (i))] * experienced (i, j) + D (i) being: t: time elapsed since the last stop, in hours.


'(I) and B' (i): technical data of firm, expressed in th and h, respectively. They are the coefficients of the curve of each group i start and take the values contained in the administrative record of electric power production facilities.

D (i): economic data reflecting additional operation and maintenance costs due to the boot, valued at €/ boot. It will be approved by the Department of energy and mines in accordance with article 12.

inmate (i, j): average price of the thermal energy of the fuels used by the group i in periods of startup stop, valued at €/th PCI, calculated as indicated in article 40.

Article 64. Variable costs of operation and maintenance of firm.

Them costs variable of operation and maintenance of office are those associated to them costs of them reviews scheduled of each group that is performed depending on their hours of operation. Is included in this concept the consumption of expendable and additives.

Them costs variable of operation and maintenance of office of a group, expressed in euros, are calculated for a period determined as product of the energy generated planned measure in bars of central in said period by them costs variable of operation and maintenance unit of the group.

The costs of operation and maintenance unit of office of each group, or & MVDi, expressed in €/ MWh, will be them approved by the address General of political energy and mines in accordance with it established in the article 12.

Article 65. Costs of band of regulation of office.

The costs of band of regulation of office in a hour, h, for each group i of the system j, CbrD (i, h, j), will be the 1 percent of the cost variable of fuel of clearance, CcombD (i, h, j), of the group.

Article 66. Cost of issuance of clearance rights.

The cost of emission rights for release from a group, expressed in euro, for a certain period of time, shall be calculated as the sum of the cost of emissions of office hours, (CCO2Dh).

The cost of dispatch schedule Euro emission rights is: CCO2Dh = p (i, h, j) * PCO2D * fie being: p (i, h, j): time power in MW under central bars on the hour h provided by group i of the isolated electrical system j in State of March.

PCO2D: Price of emission rights of firm, expressed in €/ tCO2. The price of shipping emissions will be posted by the system operator and shall be calculated as the average of the daily price of auctions of such rights in the secondary market for allowances of the common platform held monthly in the preceding year of mobile.

fie: emission factors set out in paragraph 4(a) of the National Plan of allocation of GHG emissions greenhouse, 2008-2012, approved by Royal Decree 1370 / 2006 of 24 November, or standard that will replace it.

This cost shall not be applicable to technologies that are not defined in the National Plan for allocation of current greenhouse gas emissions.

Article 67. Functions of the system operator.

The system operator, for the proper management of the firm's production, will perform the following functions: to) calculate the variable cost of generation for the purpose of dispatch of production facilities taking into account the provisions of article 61 and the cost of adjustment services.

(b) perform daily, weekly, intra and final production office schedules in every electrical system, isolated based on variable costs of generation for the purpose of dispatch.

(c) calculate the availability of each generator group involved in the production office, verify the power available and approve the plans of scheduled unavailability.

(d) ensure the demand in real time, managing the reserves of regulation and solving the technical constraints that may exist.

(e) calculate the cost of generation of the liquidation of each group as described in article 72.3. to.

(f) calculate the hourly final price of generation in every electrical system as set out in article 71, isolated and publish it in its electronic site.

(g) calculate the variable costs of generating fee and scheduled power of each group, for every hour in the first, second and third office of daily, weekly, intraday and end programming.

(h) inform the National Commission of markets and competition and the Directorate-General of energy and mines of generation of liquidation and the programmed energy costs of each group for every hour in the first, second and third Chambers of programming weekly, daily, intraday and end, a monthly for retribution by variable and yearly costs to pay for fixed costs. The information shall be disaggregated on the basis of each of the components that determine each concept of cost by specifying the number of starts of each group.

(i) carry out the liquidation of the firm's production and communication of the receipts and payments.

(j) ensure that installations comply with the technical requirements to be given on the firm and manage warranties for purchases and sales of energy of the subjects involved in every electrical system insulated in accordance with the applicable regulations.

(k) inform the National Commission of markets and competition and the Directorate General for energy policy and mines the final returns of the power acquired by the whole of the demand of each isolated electric system in every hour, as well as the energy generated each hour for each of the groups involved in the production office. Also specify offsets both generation and demand with respect to forecasts by programming unit.

(l) refer to the Directorate-General for energy and mines and the National Commission of markets and competition information relating to the indicator of efficiency and quality indicators established in article 60.

(m) to review, coordinate and approve the maintenance of the installations of generation and transport plans, as well as communicate its plans to the autonomous communities of the Illes Balears and Canarias and the cities of Ceuta and Melilla.

(n) develop and coordinate plans for security, emergency and reinstatement of service, among others.

(n) to perform any other functions that are assigned to it by legislation in these systems.

Article 68. Information to provide to the operator of the system to the production office.

1 electric power companies shall notify the system operator for each of the groups of generation, with the expected periodicity in the article 69.2, the information necessary for the performance of their duties which, at least, will be as follows: to) in the case of groups of category A: 1 availability, including the unavailability for additional environmental or conditioning limitations in the operation of the generators for the horizon's programming.

2. capacity for contribution to the rolling power of primary, secondary and tertiary regulation.

3rd in the groups of pumping, in addition to the above information, shall send the dimensions and volumes stored in reservoirs.

4th in his case, needs of modification of the fuel mixture authorized as contemplated in article 40.

5 for cogeneration installations, maximum power to deliver compatible with the process associated with the normal system operation with the minimum compatible with the associated industrial process and minimum power consumption.

The information of the net power, the minimum technical ordinary and extraordinary, ramps up and power down, start times, boot clearance curves, curves of variable firm fuel, additional operation and maintenance costs due to office startup and operation and maintenance costs unit costs of dispatch of each group used by the system operator to carry out the firm's production will be which will be recorded in the administrative register of the production facilities of electric energy of the Ministry of industry, energy and tourism. Production facilities-holders must notify the system operator authorized modifications that occur when registering.

(b) in the case of installations category B: 1 availability.

2nd power NET or, for those facilities for which you have not defined this in rules, power installed defined in article 3 of Royal Decree 413/2014, 6 June.

The net power shall be the approved by the Department of energy and mines. For cases where it is necessary, will take the installed capacity included in the administrative register of electrical energy production facilities.

3rd schedules programs planned for the horizon's programming.

2. marketers, direct consumers and generators for its consumption of auxiliary services when the net balance is buyer in that hour, acting on every electrical system, isolated must notify the system operator of its demand forecasts for each programming slot on the horizon of programming.


3. the system operator may provide adequate means for the exchange of information, which will be published in its electronic site.

Article 69. Dispatch of the generation procedure.

1. the system operator will schedule not flowing hydraulic groups, with the aim of achieving the economic optimization of the system in the long run, this will be incorporated as input information from the value of water in reservoirs.

2. programming weekly, daily and Intraday: the system attendant will make a weekly schedule of groups for each of the electrical systems isolated from non-peninsular territories, which will be redefined in schedules daily and intra.

Predictive offsets provided by the system operator or reported by the subjects within the day, with a horizon of more than two hours, will result in the intraday programming. Intraday programming will be communicated to subjects affected with more than one hour in advance. Amendments to the daily dispatch must be supported by the system operator.

The settings will be carried out on the basis of the programming of pumping and groups not flowing hydraulic groups listed in the previous section, as well as the information specified in article 68, which shall be communicated to the system operator by the subjects with a weekly periodicity for weekly, daily for daily programming programming, and, where appropriate hourly intraday programming. Such data must be sent a day earlier to daily and weekly programming and at least two hours in advance for the intraday.

3 settings indicated in the previous section will be the result of applying the procedure of release defined in annex X, which will include: a) a first law firm, made with purely economic criteria.

(b) a second firm, carried out with economic criteria and security.

(c) a third firm, taking into account any restrictions imposed by the transport network.

In isolated power systems connected to the peninsula, the energy that circulates through these links will be integrated into the respective Chambers of production as set out in the applicable regulations.

4. resolution of offsets meet in real time.

Offsets in real time will be resolved by the system operator making use of secondary and tertiary regulation reserve allocations.

5. the programming of the firm's production will be the result of adjustments made on the third daily production firm, and Intraday if, as a result of the resolution of the defined deviations in real time in the previous section.

Article 70. Calculation of the purchase price of the demand.

1. marketers, direct consumers and generators for its consumption of auxiliary services when the net balance is buyer at that time, and where appropriate, representatives, will acquire the power horariamente in the office of production to the hourly price of acquisition of the Phdemanda (j) demand, expressed in €/ MWh, defined in annex I.

2. in addition to the previously defined purchase price, will be added costs of deviations incurred by such subject, costs by capacity mechanisms, management of the demand of interruptibility service costs and costs for the financing of the remuneration from the operator of the market and the system operator, in the terms provided for in annex XI , as well as those that are established by law.

Article 71. Schema generation and the extra-cost final price calculation in electrical systems isolated from the non-peninsular territories.

1. the final price schedule of each isolated system, Ph (j) generation, determined by the ratio between the sum of the costs of adjustment and service generation of plants located in the isolated system and the total generated by them energy, measured in bars of central.

Generation and adjustment services costs will be calculated considering the following concepts: to) generation of liquidation costs obtained from applying the additional remuneration regime defined in article 18 to all the central category A with right to the remuneration arrangements.

(b) generation costs defined in article 7 for facilities entitled to the perception of the specific compensation arrangements.

(c) the costs of generation defined in paragraphs 1 and 2 of article 8 of stations participating in the office of production which have not recognized any additional or specific remuneration regime.

(d) the costs of adjustment services.

2. the extra-cost of production in the electrical systems of the non-peninsular territories will be the sum of the additional generation in each of the systems isolated from those non-peninsular territories, which determined by the difference between the costs of generation and adjustment services referred in the preceding paragraph and revenues remaining derived from the acquisition of power by demand once discounted the concepts with specific target accordance with article 72.1. to.

Article 72. Procedure of settlements.

1 for the liquidation of the energy in each of the offices of the non-peninsular territories production, the system operator shall proceed as provided in this article and in annex XI: to) the revenue obtained in the office of production demand having a specific purpose, such as the costs of the management of the demand of interruptibility service the costs for the financing of the remuneration of the operator and the market operator of the system and those who would settle, will be deducted from total revenues obtained in the office of the demand.

(b) the system operator settled with revenues remaining obtained after detraer revenues with specific target as laid down in the preceding paragraph, to generators operating in these systems and that have not recognized an additional or specific, remuneration scheme the economic regime established in article 8.

c) once the above, the system attendant will liquidate the rest of income between production facilities that have recognized an additional or specific remuneration scheme proportionally to its generated energy measured in central bars.

The system attendant will calculate and publish monthly returns of the firm's production and daily progress, with the periodicity, frequency and general conditions set out in the procedures of the system of settlements and guarantees of payment of the non-peninsular electric systems.

2. subject to provisions of the fifteenth additional provision of law 24/2013, on December 26, 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, will be financed by 50 per cent of the State budget.

The amount recorded in the General State budget to compensate for the additional production in the electrical systems of the non-peninsular territories will be assessed according to what is established in Royal Decree 680/2014, of 1 August, which regulates the procedure of budgeting, recognition, settlement and control of the extracostes of the production of electrical energy in the electrical systems isolated from the non-peninsular territories charge to the General State budget.

The amount to compensate for the additional production in the electrical systems of the non-peninsular territories with charge to the electric system will be assessed pursuant to this article.

3 for each calendar year, for the purposes of the liquidation of the extra-cost of generation will be followed the procedure then collected: to) the system operator shall be calculated: 1) generation of liquidation costs obtained from applying the additional remuneration regime defined in article 18 to all the central category entitled to such remuneration regime without applying correction fuel Bill defined in article 31.

((2) the concept defined in paragraphs to)) and (c) article 7.1 rights of collection of facilities category B, having recognized a specific compensation arrangements, as well as the costs of deviations incurred by these facilities.

3rd) also will publish the final returns of the firm's production carried out by the operator, each programming of production units that integrate these facilities corresponding to the 12 months of the year n within a maximum period of one month from the publication of the definitive measures close.

((b) the system operator shall send to the Directorate-General for energy and mines and the National Commission of markets and competition, for each calendar year, the information indicated in paragraph a) above, both generation and adjustment services costs and final returns, within a period not exceeding three months from the publication of the definitive liquidation of clearance.


(c) holders of power plants that have recognized an additional remuneration regime will apply to the Directorate-General for energy and mines to approve the definitive amount of generation costs of settlement for its facilities within a maximum period of one month from the publication by the operator of the system of settlements based on definitive measures. This request shall be accompanied by the information required in the present Royal Decree and will be forwarded to the National Commission of markets and competition to report.

d) the body responsible for the liquidation of the electricity sector will calculate the collection rights defined in paragraph b) of article 7(1) corresponding to each generating installations having recognized the specific payment arrangements made with definitive measures as well as the rest of concepts established in the present Royal Decree.

(e) the Directorate-General for energy and mines, on the proposal of the National Commission of markets and competition and prior favourable report from the General intervention of the administration of the State, in accordance with article 5 of Royal Decree 680/2014, of 1 August, will proceed to approve the definitive amount of generation costs of liquidation for stations that have recognized an additional remuneration regime , as well as the amount of generation costs of the installations that have recognized specific remuneration arrangements, the amount of the cost of services adjustment and the amount of the additional of the production activity in the non-peninsular territories electrical systems defined in article 71.2, as well as the deviation between the recognized extra-cost and the compensation that has been given to account for this concept differentiating the items charged to the State budget and the electrical system.

The National Commission of markets and competition apply correction in its proposal by fuel Bill defined in article 31, calculate the compensation for other operating costs, taking into account the documentation proving the payment of the tax on the value of the production of electrical energy derived from the application of the law 15/2012 ((, December 27, and will integrate the collection rights defined in article 7.1 b) corresponding to the generating installations having recognized the specific remuneration arrangements to the calculations made by the system operator pursuant to paragraph 3.a).

(f) issued the resolution of the Directorate-General for energy and mines, the agency responsible for the liquidation of the electricity sector will proceed to liquidate the deviation between the recognized extra-cost and compensation which have been delivered to account for this concept according to the established in Royal Decree 680/2014, of 1 August and liquidations of the electricity sector law.

4. on a monthly basis, provisional liquidation shall be the final account by the body responsible for the liquidation of the electricity sector in accordance with provisions of the rules governing the clearance procedure and provisions of this section.

((to) the system operator shall calculate the costs defined in the paragraph 3.a).1 and 3.a).2 ° and publish monthly liquidations of the Chambers of production carried out by the operator to each programming of production units that integrate the above-mentioned facilities.

Also it shall be sent to the National Commission of markets and competition the information indicated in the previous paragraph.

((b) in each monthly payment the agency responsible for the liquidation of the electricity sector will pay with charge to the electric system, each generating company, the amount corresponding to the difference between pay accumulated up to this month, the amount paid in the office of production by the system operator and the amount charged to the general budget of the State corresponding to the same months as provided for in article 4.a) the Royal Decree 680/2014 , from August 1.

In any case, the amount charged to the electrical system shall not exceed the cumulative proportion of the quantity laid down in the order of the Minister of industry, energy and Tourism approved tolls of access of electrical energy of the corresponding year.

Title VII economic and administrative system of pumping facilities assigned to the operator of the system in the non-peninsular territories article 73. Definition of pumping facilities assigned to the operator of the system in the non-peninsular territories.

Pumping facilities assigned to the system operator in accordance with article 5 of the law 17/2013, of October 29, will be considered to all active effects belonging to the activity of operation of the system, and therefore, not shall be entered in the administrative register of electrical energy production facilities and its output will not be of application generation tolls.

Article 74. Procedure of assignment of ownership.

1. when it is detected the need to install pumps in an electrical system isolated the supply security, security system or unmanaged renewable energy integration, the system operator ask the Directorate-General for energy and mines accompanied by a supporting statement to the effect.

In this report, taking as base them facilities of generation existing, them facilities of transportation existing and planned and it demand planned, is assessed technically the opportunity of install a central of pumping and is will be different scenarios of implementation of energies renewable as sets the annex VII.3. Also the report shall include a proposal for the values of the inversion of the installation, unit values of operation and maintenance variable and unit values of the annuity's fixed installation operation and maintenance.

2. upon receipt of the report defined in the preceding paragraph, the Ministry of industry, energy and tourism will request report to the National Commission of markets and competition. This report will analyze the opportunity to install pumping in an electrical system isolated the supply security, security system or integration of renewable energy sources that can not be managed taking into account all available data and in particular, the different scenarios proposed by the system attendant analyzing them from an economic point of view and condition to the costs of the electric system , in accordance with annex VII.3.

3. in addition, after receiving the report laid down in paragraph 1, the Ministry of industry, energy and tourism request report to the autonomous region or autonomous city affected, which must be evacuated within the period of one month from the receipt of the request, so that, in the exercise of its powers, analyze different scenarios contemplated.

4 taking into account the reports defined in the preceding paragraphs, the Council of Ministers shall declare, in their case, that the proposed pumping facility is owned by the system operator, having as main objective the guarantee of supply, security of the system and the integration of unmanaged renewable energy electrical systems isolated from the non-peninsular territories.

Once declared by the Council of Ministers the need to install pumps owned by the system operator in accordance with article 5 of the law 17/2013, October 29, by order of the Minister of industry, energy and tourism be approved power installation, the particularities of their remuneration and compensation following parameters (: a) the value of the investment of the installation in the year of their entry into service, VIi, differentiating investments with different regulatory useful life. This value of investment will be considered, where appropriate, of standard value of the investment of the installation.

(b) the unit operation and maintenance variable value.

(c) the unit value of the annuity's fixed costs of operation and maintenance.

In any case it may be approved installation investment values, unit values of operation and variable maintenance, or unit values of the annuity of installation that are greater than those specified in the proposal submitted by the system operator under cover as provided in paragraph 1.5 fixed operation and maintenance. If, after a period of more than one year since the adoption of the order of the Minister of industry, energy and tourism in setting compensation parameters, not the order had issued administrative authorization and there had been circumstances or events that alter the conditions under which the aforementioned order, was issued by the system operator may request the modification of these parameters.

For this purpose, the system operator shall transmit reasoned request providing if a new proposal of value of investment, unit value and unit value of the annuity's fixed costs of operation and maintenance operation and maintenance variable.

Article 75. Authorisation scheme.


1 facilities pumping which are allocated to the system operator in the non-peninsular territories, according to the provisions of this title, they shall to apply the rights of access and connection as well as the regime of administrative authorizations for the rest of pumping facilities.

2. when competition for the approval of these facilities is the community or autonomous city, is obliged to inform the Directorate-General for energy and mines the authorization of exploitation of the installation date, sending copy of all authorizations granted by the aforementioned community or autonomous city.

Article 76. Operating regime.

Corresponding to these facilities of pumping energy will be integrated as a service adjustment for assurance of supply and safety in each system.

By order of the Minister of industry, energy and tourism, report of the National Commission of markets and competition, the operation of these facilities criteria were set for integration in adjustment services. For this purpose, the system attendant reviews shall ask the representatives of all the subjects acting on the system defined in article 6 of the law 24/2013, on December 26, the Electricity Sector and propose exploitation criteria to the Ministry of industry, energy and tourism accompanied by the report of the subjects.

Monthly by the system operator shall inform the Directorate-General for energy and mines and the National Commission of markets and competition on the application of these criteria in the operation of the above installations of pumping on each system.

The National Commission of markets and competition held annually, a report that analyzed the application of the order which set the criteria for the operation of these facilities for their integration in adjustment services and, where appropriate, propose modifications in the cited standard so that safeguard the independence of the system operator in his work as Manager of the electricity transport network.

Article 77. Remuneration regime.

Within a maximum period of six months from the date of the authorization of exploitation of the installation, the system operator shall request the Directorate General for energy policy and the recognition of the remuneration regime of the same mines.

Such a request shall be accompanied by the audit of the investment as well as the documentation that needed to fix their remuneration. In any case, the Directorate-General for energy and mines may ask the system operator the additional information that it deems necessary.

In the aforementioned resolution be adopted: to) the value of the investment recognised group i, calculated, where applicable, as set out in article 26.

(b) the life regulatory during which the installation is entitled to receive the compensation provided for in this title.

Article 78. Procedure of liquidation.

The system operator shall declare in their settlements and separately the costs of these facilities. The body responsible for the liquidation of the electricity sector will integrate into their settlements this cost as additional production in the electrical systems in the non-peninsular territories.

First additional provision. First regulatory period.

1. in accordance with provisions of the law 24/2013, on December 26, the first regulatory period will begin at the entry into force of this Royal Decree and will end December 31, 2019.

2. the rate of remuneration to apply to all financial facilities electrical systems isolated territories not peninsular category who have investment during the first regulatory fee, will match average yield prices in the secondary market of the obligations of the State to ten years for the months of April, may and June 2013 increased by 200 basis points in accordance with the provision further decima.4 of the law 24/2013, of 26 December, the Electricity Sector, being attached to 650,3 basis points.

3. in accordance with the above, the value of the annuity of the reward for investment for the year 2015 (CIn) of facilities that have recognized the value of the investment to the entry into force of the present Royal Decree will be, since its entry into force, established in annex XII.1 second additional provision. Unit values of investment of the first regulatory period.

1. during the first regulatory period, the investment planned for the calculation of security as defined in article 50 shall be obtained from multiplying the net power projected group by maximum unit values fixed in annex XII.2. Unit values of reference defined in article 26 will be approved in the technologies not listed in the said Annex by order of the Minister of industry, energy and tourism.

2 the value of the investment that is recognized, in its case, to facilities authorized by final exploitation of date after the entry into force of this Royal Decree and during the first regulatory period, shall be established in the following way: to) the value of the investment recognised group i shall be the actual value of the investment made duly audited , over 50 per cent of the difference between the ceiling and the actual value, when this is less than the limit.

(b) the maximum limit shall be determined by multiplying the net power of the Group registered in the administrative register of installations of electric power production by the maximum unit value that corresponds in accordance with annex XII.2.

If the above difference is negative, the recognized value of the investment made is the result of multiplying the net power inscribed by the maximum unit value set out in the said Annex.

The procedure to determine the value of the recognized groups whose technology is not referred to in annex XII.2 investment is established by order of the Minister of industry, energy and tourism.

Third additional provision. Unit values of the annuality of the fixed costs of operation and maintenance of the first regulatory period.

Unit values of the annuity of defined in article 29 to be applied during the first regulatory period fixed type installation operation and maintenance shall be those established in annex XII.3, without correction factor.

Fixed annuity operation and maintenance unit values and the correction factors to be applied to groups whose installation type is not referred to in annex XII.3 shall be established by order of the Minister of industry, energy and tourism.

Fourth additional provision. Variable costs during the first regulatory fee.

1 technical liquidation, a, b and c of type facilities, parameters applicable during the first regulatory period, are those set out in annex XII.4.

2. the parameters to '(i), b' (i) facilities type, applicable during the first regulatory period, are those set out in annex XII.5.

3. the remuneration for variable costs of operation and maintenance of performance defined in article 35.1, shall be calculated, at the first regulatory, from unit values defined in annex XII.6 operation and variable maintenance of liquidation of the installations.

4 «d» economic parameters of the applicable type installations during the first regulatory period, are those set out in annex XII.7.

5. the values of technical and economic parameters of liquidation of the installations that are not referred to in the abovementioned annexes will be defined by order of the Minister of industry, energy and tourism.

Fifth additional provision. Liquidation of the years 2012, 2013 and 2014.

The system attendant will calculate generation of liquidation costs defined in article 71 for each of the groups in each not peninsular territory, for the years 2012, 2013 and 2014 by applying the methodology and parameters laid down in the seventh transitional provision and inform the National Commission of markets and competition within a maximum period of three months from the date of entry into force of this Royal Decree.

Sixth additional provision. Mandates the National Commission of markets and competition.

1. in the period of six months from the entry into force of this Royal Decree, the National Commission of markets and competition shall send to the Secretary of State for energy a proposal for a unitary reference values for the calculation of the standard value of investment, and technical and economic data that determine fixed costs and variable of generation dispatch and of technical and economic parameters of the installation type to apply to facilities production composed of gas turbines that share alternator.

2 Similarly, in the period of one year from the entry into force of this Royal Decree, the National Commission of markets and competition shall send to the Secretary of State for energy: to) a proposal of costs of logistics of fuel in each of the isolated power systems, accompanied by a study that would justify them. Logistics costs set out in the transitional provision tercera.5 will be revised in the light of this proposal, by order of the Minister of industry, tourism and trade.


(b) a proposal for incentive to the system operator and a proposal for minimum goals of quality (OCSNIEPI, OCSTIEPI,) for each stand-alone j as defined in annex IX, for the purposes of the provisions of article 60.

Seventh additional provision. Mandates to the system operator.

1 within the period of six months from the entry into force of this Royal Decree, the system operator shall be sent to the Secretary of State for energy: to) a proposal of test procedure for ordinary and extraordinary technical minimum of plants according to the definition given in the second additional provision of the order EIT/843/2012 of 25 April which establishing tolls for access as of April 1, 2012 and certain rates and premiums of the facilities of the special regime.

(b) a proposal for a procedure of performance tests for the determination of the technical data of the variable costs of production facilities comprising gas turbines that share alternator, belonging to the non-peninsular territories electrical systems, in such a way that takes into account the mutual influence that occurs in the operation of these turbines due to this configuration.

(c) a proposal of profiles to apply to consumers who do not have time measure in each not peninsular.

(d) a proposal for the periods of time and factors of seasonality that are applied for the determination of the value of the fee schedule cost fixed for each group in a specific time.

(e) a proposal for the methodology for the price of energy in the hour h to consider in the voluntary pricing for small consumers in each not peninsular territory pursuant to the fourth final provision.

(f) for the purposes of the provisions of article 60.4, the system operator shall report to the Ministry of energy and the National Commission of markets and competition, the specific consumption of each generating set for every hour of the month, in therms per kilowatt hour produced, and the estimated specific consumption of such groups, in therms per kilowatt hour exclusively taking into account the released energy to meet the demand, that is, without taking into account the reserves of power, control, tension control, offsets in the programs of generation forecast and demand and restrictions on networks, for the years 2012, 2013 and 2014.

Also the system operator shall inform the Secretary of State of energy and the National Commission of the markets and competition from the number of unplanned outages exceeding 3 minutes associated with generation and the duration of such interruptions per month, during the years 2012, 2013 and 2014.

2 the system attendant must send, within the period of two months from the entry into force of this Royal Decree: to) a methodology for the preparation of reports of the demand, of the report of the need for pumping and for the determination of proposed power, the proposed additional power and the special needs of generation equipment availability which includes the statistical method used and the variables to take into account, so as to ensure that the calculation can be replicated. This methodology shall comply as indicated in annex VII.

(b) the first annual report of the demand, without prejudice to the deadlines set out in article 44.

3 within the period of three months from the entry into force of this Royal Decree, the system operator shall send to the Secretary of State for energy: to) a certificate with the relationship of the groups which, while registered provisionally in the administrative register of the Ministry of industry, energy and tourism production facilities, meet the technical requirements in order to be given high office and with the procedures of the system of settlements and payment guarantees that govern in these systems, in order to proceed to register with finality in this register to those groups that meet the established requirements.

(b) a proposal for a modification of the operating procedures of the electrical systems of the non-peninsular territories whose content is necessary to adapt to pick up the changes introduced by the present Royal Decree. Such a proposal shall include the time needed to adapt the information systems of operator of the system and of the subjects.

4 within the period of one month from the entry into force of this Royal Decree, the system operator shall send the Ministry of energy: to) the relationship of groups that constitute each generation station in power systems isolated from the non-peninsular territories, meaning central one whose groups share evacuation line and connection points.

(b) a proposal for procedure of liquidation of the power on electrical systems isolated from the non-peninsular territories which develop the principles introduced by Royal Decree.

The eighth additional provision. Production facilities that have completed their useful life.

1. holders of production facilities which, having finished his life useful regulatory to the entry into force of this Royal Decree, according to the definition given in the order ITC/914/2006, of March 30, to remain in operation, must request to the Directorate-General for energy and mines that are granted again the remuneration regime in the period of two months from the publication of the first resolution of the Secretary of State for energy by which made the call for the granting of favourable resolution of compatibility and set the required power referred to in transitional provision primera.2.

Installations not applying to be given them again the additional remuneration regime within the prescribed period forfeit, from that moment, the remuneration regime further, receiving its energy generated the economic regime established in article 8.

The procedure for the granting, where appropriate, resolution of favorable support will be provided for in this first transitional provision, with the particular conditions laid down in articles 53 and 54 for installations carried out by new investments and which completed its life cycle regulatory, respectively.

2. for these purposes, holders of production facilities which have completed their useful life must be sent along with the request, new investments which, in his case, completed from January 1, 2012, duly audited.

3. those installations that do not obtain the favourable resolution of compatibility will no longer be entitled to the additional remuneration regime, from the date of the resolution, receiving its energy generated the economic regime established in article 8.

(4 If the annual report of the demand laid down in the additional provision septima.2.b) shows that it is not required additional power in an electrical system, isolated not convened to prepare the competitive procedure and production facilities that have completed their life forfeit the remuneration regime further, receiving its energy generated the economic regime established in article 8. The loss of the right to additional remuneration regime will be declared by the Director-General of energy and mines by unfavorable resolution of compatibility, prior procedure of hearing.

5. Since this Royal Decree enters into force and until it provided under resolution compatibility, the owners of the facilities will receive retribution for variable costs of generation and the operation and maintenance of fixed fee defined in title IV of this Royal Decree.

Ninth additional provision. Submission of information.

1. the subjects carrying out any activities with regulated pay, according to the provisions of this Royal Decree and its implementing rules, shall be provided to the Ministry of industry, energy and tourism and the National Commission of markets and competition, the information they requested by them for the exercise of their functions in electronic format that allows the processing of data in spreadsheet, with the breakdown that is established by Resolución of the General Director of energy and mines or through the above-mentioned Commission circular.

In particular, they must provide information concerning the conditions that determined the granting of their remuneration, as well as information concerning the costs that may be necessary for the proper establishment and revision of the same.

2. in the period of three months from the entry into force of this Royal Decree, the holders of production facilities in the non-peninsular territories shall send to the National Commission of markets and competition values audited from January 1, 2011, defined in the resolution of the Directorate General of energy and mines on December 1, 2010 establishing the criteria for conducting audits of the generation groups in ordinary regime of the insular electrical systems and extrapeninsulares, including also the detail of the margins added by intra-group transactions.


3. the audited economic information that is submitted under existing resolutions to establish the criteria for conducting audits of groups of generation in isolated non-peninsular territories electrical systems, they itemised the expenses and commissions to the company of the group added, where appropriate, the cost of invoices from suppliers for transactions with other companies in the Group in particular, supplies of fuel.

Tenth additional provision. Remuneration of production facilities of electric power with Primate economic regime granted prior to the entry into force of the Royal Decree-Law 9/2013, 12 July, and facilities with specific compensation arrangements under cover of the fourth additional provision of Royal Decree 413/2014, on 6 June.

1. to the facilities that the entry into force of the Royal Decree-Law 9/2013, of July 12, by which adopt urgent measures to ensure the financial stability of the power system, they had right to a Primate economic regime, as well as those specific remuneration regime is given that under cover of the fourth additional provision of Royal Decree 413/2014 6 June, will not them apply the retributive concepts of economic regime provided for in article 7(1).

These facilities will receive the following compensation: to) the product of the energy sold in the hour h measured in central bars by the generator group by the resulting price in calculating the weighted average of the hourly marginal price of the daily market and the schedules of each of the sessions of the intraday market marginal prices.

(b) where appropriate, the regime specific remuneration established in the title IV the Royal Decree 413/2014, 6 June, which regulates the activity of production of electrical energy from renewable energy sources, cogeneration and waste.

(c) where appropriate, the economic considerations established for their participation in these systems adjustment services.

2 a the calculation of the hourly price of generation of each isolated electric system defined in article 71.1 of this Royal Decree, for the facilities defined in the preceding paragraph, shall apply, instead of generation costs defined in article 7, as laid down in paragraphs a) and b) above.

Eleventh additional provision. Accordance with Community legislation.

Remuneration regime and the clearance procedure provided for in titles IV, VI and VII, and in the corresponding provisions of the final part of this Royal Decree shall be subordinate in its full and final effectiveness the absence of objections from the European Commission as to its compatibility with Community legislation concerned.

Twelfth additional provision. Communication and notification by electronic means.

1. subject to the provisions of article 27.6 of the law 11/2007, of 22 June, electronic access of citizens to public services, applications, writings and communications relating to the different procedures listed in paragraph 2, will be presented exclusively by electronic means, with electronic certificate, electronic based in the Ministry of industry, energy and tourism.

This obligation includes the practice of administrative notices by means electronic, in accordance with the articles 32.1 and 40 of the Royal Decree 1671 / 2009, dated November 6, which is partially developed law 11/2007, of 22 June, electronic access of citizens to public services, which will be made by electronic appearance in the electronic office of the Ministry of industry Energy and tourism, accessible by interested parties through electronic certificate.

In those cases in which is compulsory communication through electronic means and are not used such means, the competent administrative authority will require the corresponding correction, noting that of not be honored the request, shall be to the interested party withdrawn its request pursuant to article 32.3 of the Royal Decree 1671 / 2009, of 6 November lacking validity or effectiveness that communication that such non-compliance has occurred.

2 administrative procedures that will apply the provisions of the preceding paragraph are as follows: to) procedures of registration, modification and cancellation in the registration of specific remuneration regime defined in article 27 of the law 24/2013, on December 26, in the electrical Sector, as well as any other regulated in the rules of application procedures related to registration and with the specific compensation arrangements.

(b) procedures of registration, modification and cancellation in the registration administrative of facilities of production of energy power defined in the article 21 of the law 24 / 2013, of 26 of December, of the Sector electric.

(c) any procedure relating to the activity of commercialization of electric power and freight managers regulated in the rules of application, including communication of initiation of activity and responsible statement, are modifying the previous and cessation of the performance of the activity. In the case of the marketers of electric power, procedures relating to the sending of information on consumers of electricity in application of the order ITC/606/2011, March 16, by which determines the content and the form of remission of information on prices for final consumers of electricity at the Ministry of industry Tourism and trade, as well as the extinction of the habilitation procedures to exercise how marketer of electrical energy and transfer of customers to a marketer's reference.

For this purpose, annexes with the various models of communication and responsible statement will be available for completion and submission electronically in the electronic office of the Ministry of industry, energy and tourism.

(d) submission of information on quality of service, which according to the established State regulations should be submitted by companies electric energy distributors.

(e) any procedure of authorization application configurations of measure requiring authorization in accordance with the applicable regulations.

(f) any procedure concerning requests for exemption from application of tolls for access pursuant to the Royal Decree 1164 / 2001 of 26 October, establishing rates of access to transport and electricity distribution networks.

(g) any procedure relating to the application for recognition of the additional remuneration regime regulated in the present Royal Decree.

(h) the administrative appeals and applications for review of trade which might result from the aforementioned procedures.

(i) claims of liability of the State of competition on the Ministry of industry, energy and tourism which may arise from the application of the regulation of the electricity sector.

First transitional provision. Resolution of the first announcement of the procedure of granting of the resolution of compatibility of the production facilities of electric power in the non-peninsular territories.

1 they are exempted from the application of the provisions in articles 47, 48, 49, 51 and 52 of this Royal Decree, facilities defined in the transitional provision primera.1 of the law 17/2013, October 29, for assurance of supply and increased competition in the insular and extrapeninsulares electrical systems, and the nineteenth additional provision of law 24/2013 , of 26 December, the Electricity Sector.

Nevertheless the above, if applicable sayings will be articles for the recognition of new investments or for which additional remuneration regime is given again when they go to end of life regulatory.

2. If the annual report of the demand laid down in the additional provision septima.2.b shows that there is a risk of lack of coverage on the horizon of the analysis in an isolated electric system, the Secretary of State for energy shall convene, by resolution, a procedure of competitive concurrency for the granting of the favourable resolution of compatibility.

Additional planned power that must be installed, if necessary, to ensure the demand in each of the electrical isolated systems for each of the next five years will be established in the judgment of the Secretary of State for energy. Also in this resolution signals of localization can be knots, and may be technical limitations, among other aspects, the size and technology groups.

The procedure for the granting of the favourable resolution of support will be provided for in articles 47, 48 and 49 with the characteristics described in this provision.


3 resolution of support applications submitted under cover of the provisions in paragraphs 2 and 5 of the first of the law 17/2013, October 29 transitional provision, as well as applications filed since the entry into force of this law and until the entry into force of this Royal Decree shall be processed according to the procedure laid down in articles 47 48 and 49 with the characteristics described in this provision.

Within two months from the publication of the resolution defined in the previous section, the owners of the facilities referred to in the preceding paragraph must complement your application presenting information relating to each of the facilities designed with the breakdown set out in annex VIII.1 of this Royal Decree, also attaching the General deposit box guard accrediting of having deposited the economic guarantee established in article 50.

3. them requests of resolution of compatibility presented with prior to the completion of the term of two months from the publication of the resolution of call of the procedure of concurrency competitive defined in the paragraph 2, is accumulate to them requests presented to the amparo of the paragraph earlier, except for those that are inadmissible.

4. If the annual report of the demand laid down in the additional provision septima.2.b shows that is not required additional power into an isolated electrical system, be convened not competitive in this system procedure and resolution of support requests under cover of the provisions in paragraphs 2 and 5 of the first transitional provision of law 17/2013 on October 29, as well as applications filed since the entry into force of the Act and pending the entry into force of this Royal Decree for this system will be resolved unfavourably by the Directorate-General for energy and mines, prior procedure of hearing.

Second transitional provision. Fuel mixture.

1 as mixtures of common fuel by the Directorate-General of energy policy are not authorised and mines, the variable costs of dispatch and the cost of start-up of production facilities clearance fuel grade, they will be calculated taking into account the main fuel of the group, and used fuel mix will be recognized in the liquidation of these groups , previous inspection.

These additional costs will be recognized in the resolution of the Directorate-General for energy and mines which approves the amount of generation costs of liquidation for stations that have recognized an additional remuneration regime and the amount of generation costs of the installations that have recognized a specific payment arrangements article 72.3 refers to. e).

2. Notwithstanding the foregoing, for the purposes of the provisions of articles 12 and 40, within the period of one month from the entry into force of this Royal Decree holders of production facilities category who will receive additional remuneration regime must be sent to the Directorate-General for energy and mines the usual fuel mix used in each of their groups both in normal driving condition and starts.

Where not arose the abovementioned information by the deadline, the fuel to be used for the clearance and settlement purposes will be the main fuel indicated in annex XIII.

Third transitional provision. Determination of the price of fuel up to the entry into force of the order defined in the article 40.5.

1. pending the entry into force of the order of the Minister of industry, energy and tourism in which you define the components of the price of each one of the fossil fuels used and the methodology for the determination of the price defined in article 40.5, shall apply to this provision.

2 fossil fuels to be considered in the non-peninsular territories for purposes of retribution by geographical areas are the following: Balearic Islands: imported coal, Fuel Oil BIA (1 percent of sulfur), Natural Gas and diesel.

Canary Islands: Fuel Oil BIA (1 per cent of sulphur), Fuel Oil BIA (0.73 per cent of sulphur), Fuel Oil BIA (0.3 per cent of sulphur), Diésel Oil and diesel oil.

Ceuta and Melilla: Fuel Oil BIA (1 per cent of sulphur), Diésel Oil and diesel oil.

Where are used new fossil fuels not covered in the previous relationship, the Minister of industry, energy and tourism may approve, if appropriate, use and determine the method of calculating the price corresponding to the new fuel.

3. the price of the fuel shall be calculated as the sum of the price of the product defined in the following paragraph and the pay for costs of logistics established in paragraph 5, with the exception of natural gas, whose price of fuel is calculated according to the method established in the order ITC/1559/2010, of 11 June, by which regulate different aspects of the regulation of the systems electrical island and extrapeninsulares. In addition, the fuel price will include, where appropriate, costs resulting from the application of excise duty on coal and the tax on mineral oils defined in law 38/1992 of 28 December, excise.

4 the product by type of fuel prices will be adopted every six months by resolution of the Directorate-General for energy and mines, will be published in the «Official Gazette» and will be calculated as the arithmetic mean of the contributions monthly, corresponding to the six months immediately preceding, rates and quotes following: to) for the imported coal, it shall be equal to the index published by the Daily Coal of Energy Argus #2 API.

(b) for the Fuel Oil BIA (1 per cent), consumed in the non-peninsular territories of Balearic Islands, Ceuta and Melilla will be equal to the arithmetic mean of monthly averages range low in prices of Fuel Oil 1 per cent in the market CIF Mediterranean (Genova/Lavera), published in Platts European Marketscan. For Fuel Oil BIA (1 per cent and 0.3 per cent), consumed in the not peninsular territory of the Canary Islands shall be equal to the arithmetic mean of monthly averages range low in prices of Fuel Oil 1 per cent in the CIF NWE published in Platts European Marketscan market.

(c) the price of the product for the Fuel Oil BIA 0.73 percent of the not peninsular territory of the Canary Islands shall be calculated as the arithmetic mean of the average monthly range low quotes in market CIF NWE of the Fuel Oil 1 percent published in the Platts European Marketscan more a coefficient which is calculated as the 67.5 percent of the difference between the monthly average of the range low quotes in FOB NWE market of the Fuel Oil 0, 5-0, 7 percent published in Platts European Marketscan and monthly averages of the range low prices of Fuel Oil 1% FOB NWE market posted in the Platts European Marketscan.

(d) for the Diésel Oil not peninsular territory of the Canary Islands, shall be established by the percentage composition by weight of the arithmetic mean of monthly averages of the range low prices of Gasoil 0.1 percent (83%) and Fuel Oil 3.5 per cent (17 per cent) CIF NWE market published in Platts European Marketscan. For the Diesel Oil from the not peninsular territory of Ceuta, is established by percentage composition by weight of the arithmetic mean of monthly averages of the range low quotes of Gasoil 0.1 per cent (83 percent) and Fuel Oil 3.5 per cent (17 per cent) in the CIF Mediterranean (Genova/Lavera) market, published in Platts European Marketscan.

(e) for Gasoil 0.1 per cent consumed in non-peninsular territories of the Balearic Islands, Ceuta and Melilla shall be calculated as the arithmetic mean of the average monthly low-range in prices of Gasoil 0.1 per cent in the CIF Mediterranean (Genova/Lavera) market posted in Platts European Marketscan. For diesel oil 0.1 percent consumed in not peninsular territory of the Canary Islands shall be calculated as the arithmetic mean of the average monthly low-range in prices of Gasoil 0.1 per cent in the CIF NWE market posted in the Platts European Marketscan.

For the conversion of dollars USA to EUR shall be the average of daily exchange rates dollar USA-euro published by the European Central Bank and for the period of calculation of the price of fuel.

5 pay for costs of logistics for purposes of settlement and clearance, depending on the location of the generator group, will be the following: costs logistics €/tm coal Fuel Oil BIA 1% 0, 7-0, 73% Fuel Oil BIA 0.3% Diesel Oil diesel Balearic Islands Mallorca 13.06 39,80 43,06 Menorca 32.62 41,08 Ibiza-Formentera 34,38 42,84 Canary





 






 





 





 





 






Tenerife





 





20,49





31,76





20,49





20,49






Gran Canaria





 





24,83





42,36





31,09





31,09






Fuerteventura





 





24,83





42,36





37,35





37,35






Lanzarote





 





24,83





42,36





34,85





34,85






La Palma, Hierro y Gomera





 





37,35





54,87





54,90





34,85






CEUTA Y MELILLA





 





 





 





 





 






Ceuta





 





32,71





 





36,30





36,30






Melilla





 





58,62





 





 





64,35





6. The price of product for the purposes of dispatch of production of coal, Fuel Oil BIA (1 percent), Fuel Oil BIA (0.3 percent), Fuel Oil BIA 0.73%, Diésel Oil and Gasoil 0.1% will be the last value published for each not Peninsular and is obtained as referred to in this provision.

Fuel natural gas, the price of fuel for the purposes of dispatch will be laid down in the order ITC/1559/2010, of 11 June.

For purposes of the calculation of the costs of generation of the liquidation of each generator group category to have recognized an additional remuneration regime, will proceed to regulate pay for variable costs of generation by the difference between the actual prices of the values obtained as described in paragraph 3 in that year and those used for the firm.

7 the heating bottom of the fossil fuel used by a group i of the electrical system power j, pci(i,h,j), for the purposes of dispatch of production and settlement purposes will be those laid down in annex VI.

8. in accordance with the provisions of paragraph 6, the price of fossil fuels for the purpose of clearance is obtained, since the entry into force of this Royal Decree and until they are replaced in accordance with this transitional provision, from the following rates of product and pay by logistics costs: € product prices /Tm coal Fuel Oil BIA 1% 0.3% S Fuel Oil BIA 0.73% S Diesel Oil, Gasoil 0.1% Canary s - 385,94 423,34 560,98 601,03 394,08 57,33 BALEARES --602,22 CEUTA and MELILLA - 394,08-564,40 602,22 pay for costs of logistics in the Chambers of production, depending on the territory where the group is located will be established in paragraph 5.

9. in accordance with the provisions of the third paragraph of article 2.4 of the order ITC/1559/2010, of 11 June, the price of fuel gas for the purpose of dispatch from the entry into force of the present Royal Decree and until it is updated according to the above order will be 392,05 €/ t.

Fourth transitional provision. Determination of technical specifications of office plants listed in the administrative register of electrical energy production facilities.

1. them data technical and economic of clearance of them groups registered in the registration administrative of facilities of production of energy electric will be them established in the annex XIII until are revised according to it established in the present Royal Decree.

In those cases in which the registration data do not coincide with those indicated in the said Annex XIII, will proceed to regularize the registration in accordance with these values.

2. insofar not defined technical data from office of the gas turbines that share alternator, use technical data that correspond to each group separately.

Fifth transitional provision. Transitional arrangements for certain production facilities category.

1. installations category to that prior to the entry into force of this Royal Decree had no right to the perception of the specific compensation arrangements applicable to production facilities from sources of renewable energy, cogeneration and waste and have recognized a compensation procedure other than referred to in the order ITC/913/2006, of March 30 and the order ITC/914/2006 30 March, will continue receiving such remuneration temporarily in the terms provided for in this provision.

2. holders of production facilities defined in this section should submit new investments which, in his case, made from January 1, 2012, properly audited.

3. by order of the Minister of industry, energy and Tourism approved the technical and economic data, as well as the technical and economic parameters of settlement based on the results of performance tests carried out to groups and audited cost data.

Sixth transitional provision. Pay systems for facilities with permission of definite exploitation of date prior to January 1, 2012 requested prior to the entry into force of this Royal Decree.

By virtue of the provisions of article 37 of the Royal Decree-Law 20/2012, of 13 July, pay for fixed costs and variables defined in this Royal Decree shall apply to generation plants that had the condition of ordinary regime pending the entry into force of the law 24/2013, on December 26, in the non-peninsular territories from January 1, 2012.

En_virtud_de the above and notwithstanding provisions repealing provision unica.1.c) of this Royal Decree, requests for recognition of the additional remuneration regime for installations authorized by final exploitation of date prior to January 1, 2012, the recognized investment value and its life useful regulatory shall be determined according to the method of calculation set out in the order ITC/914/2006 , March 30.

Seventh transitional provision. Determination of generation costs of liquidation until the entry into force of the present Royal Decree.

1. by virtue of the provisions of article 37 of the Royal Decree-Law 20/2012, of 13 July, the fee fixed costs and variable of generation plants that had the status of ordinary regime until the entry into force of the law 24/2013, on December 26, in the non-peninsular territories, from January 1, 2012 and until the entry into force of this Royal Decree is the result of apply this provision.

The Directorate-General for energy and mines shall adopt by resolution the definitive amount of generation costs of liquidation for groups that have recognized an additional remuneration regime from January 1, 2012 until the entry into force of this Royal Decree. This resolution shall be published in the «Official Gazette».

2 remuneration for variable costs of generation of groups that had participated in the firm's production during the period indicated in the preceding paragraph, is obtained by applying, in General, the methodology established in chapter III of title IV, with the following particularities: a) shall not apply the correction factor defined in article 31 fuel invoice.

(b) the variable costs of performance fee and the start-up costs associated with the fuel fee will be calculated in accordance with articles 32 and 33, respectively, with the following particularities: 1 liquidation technical parameters a, b, c, to ' and b' will take the values set out in annex XIII for technical data of A firm , B, C, A 'and B', respectively.

2nd for the calculation of the average price of the thermal energy of the fuels used in March State and State of boot by group i of isolated power system j in the hour h, shall apply the provisions of the transitional provision segunda.1.

3rd the fuel price will be obtained according to the methodology set out in the third transitional provision, resulting the values set out in annex XIV.

(4th lower calorific values of the fossil fuel used by a group of electrical system i j, pci (i, h, j), for the purpose of liquidation of generation will be those established in annex VI.1.c) for the purpose of dispatch.

(c) the variable costs of operation and maintenance of performance fee is calculated according to the methodology established in the additional provision cuarta.3 and unit values for operation and maintenance facilities variable type, defined in annex XIV.


(d) the parameter «d» in euro per boot, defined in article 35.2, shall be laid down in annex XIV.

(e) the costs of regulation band fee shall be calculated in accordance with article 34.

The costs of emission rights fee shall be calculated in accordance with article 37. The price of emission rights from liquidation, which shall be calculated in accordance with that article, shall be approved by resolution of the Directorate-General for energy and mines.

3 the pay for fixed costs for the period indicated in paragraph 1 shall be calculated as indicated in this paragraph and applying the following expression: to) the definition of these parameters and the methodology for obtaining the compensation by fixed costs, which will take the previous formulation, will be established in chapter II of title IV.

(b) the rate of remuneration to apply to all financial facilities electrical systems isolated territories not peninsular category that they have investment fee is shall, pursuant to article 37 of the Royal Decree-Law 20/2012, of 13 July, with the average yield of prices in the secondary market of the obligations of the State ten years increased by 200 basis points. For 2012 will be used the average contributions yield in the secondary market of the obligations of the State to ten years the fall months between November 2010 and October 2011; for the year 2013, the equivalent to the months between November 2011 and October 2012; for the year 2014, the equivalent to the months between November 2012 and October 2013; and for the months of 2015 that applicable, the performance of obligations ranging from November 2013 to October 2014.

Foregoing, the annuity of the CIn investment fee (i) of each group i, will be established in annex XIV.

((c) the year of the operation and each group fixed maintenance fee shall be obtained in accordance with the third additional provision, with the following particularities: 1) unit values of annuity operation and maintenance fixed facilities type for the years 2012, 2013 and 2014 will be those indicated in annex XIV.

2nd) installation type assigned to each group shall be as listed in annex XIII.

3rd) net power of each group is indicated in annex XIII.

4. the groups who prior to the entry into force of this Royal Decree have reached the useful life established in the order ITC/914/2006, of March 30, and have continued in operation, shall receive for the period indicated in paragraph 1, the variable costs fee defined in paragraph 2 and his pay for fixed costs consist of annuity pay for operation and maintenance fixed (, OMFn (i), as indicated in paragraph 3.c). His pay for fixed costs may be increased, if necessary, for new investments that are recognized according to the additional provision eight.

5. the fee for the installation of power as a result of the need to adopt measures of a temporary and extraordinary nature, recommended for reasons of security of supply, will consist, for the period defined in paragraph 1, in recognition of the costs that the owners of these stations have incurred during exploitation.

6 the value of the investment for those groups has not been recognized that the entry into force of this Royal Decree that value and are authorised for the ultimate exploitation of date subsequent to December 31, 2011 and prior to the entry into force of this Royal Decree, shall be determined in the following way: to) the value of the investment recognised group i shall be the actual value of the investment made duly audited , over the 50 per cent of the difference between the limit maximum and said value real, when this is lower to the limit. If the above difference is negative, the recognized value of the investment made is the result of multiplying the net power registered in the administrative register of installations of electric power production by maximum unit values laid down in the said Annex XIV.

(b) the ceilings shall be determined by multiplying the net power of the Group registered in the administrative register of installations of electric energy production by maximum unit values set for different systems differentiated by technology in accordance with annex XIV.

7. the parameters to be applied for the calculation of the fee from January 1, 2012 until the entry into force of the Royal Decree, according to the methodology established in this provision, set out in annex XIV.

Eighth transitory provision. Transient application of the acquisition price of demand marketers reference and the price of energy in the hour h to be considered in the voluntary pricing for the small consumer.

En_tanto is not established the methodology for the price of energy in the hour h to consider in the voluntary pricing for the small consumer, each not peninsular territory, as indicated in the fourth final provision: to) the price of energy in the hour h to be considered in the voluntary pricing for small consumer , each not Peninsular, Papuntadoh, will be the half hourly price, Pmh, defined in article 10 of the Royal Decree 216/2014, of 28 March, which establishes the methodology of calculation of voluntary prices to small consumers and their legal status of recruitment.

(b) the reference in these territories, marketers will acquire energy horariamente in the office for consumers welcomed the voluntary price for the small consumer, the peninsular final schedule price of acquisition of marketers of reference power acquired its power in the mainland market, discounted the mechanisms of capacity costs, costs of diversions , costs not carried out by subjects of market international exchanges and the costs of the service of interruptibility demand management and, where appropriate, other established.

In addition to the purchase price before defined, be they shall comply with the obligations arising from the costs of deviations incurred by these subjects, the costs by capacity mechanisms, management of the demand of interruptibility service costs, costs for the financing of the remuneration of the operator and market operator system and others that could be , in the terms to be determined by order of the Minister of industry, energy and tourism.

Ninth transitional provision. Power and minimum technical tests.

1. pending the entry into force of the regulations governing the evidence to prove the gross and net powers of the groups in the non-peninsular territories, these tests will be carried out as laid down in annex XV.

2. until the adoption of the test procedure of ordinary and extraordinary technical minimum of groups, for the recognition of technical specifications of office defined in article 11, shall be made of ordinary and extraordinary technical minimum values currently used in the office of production declared by the owner of the installation. The value declared by the owner of the installation is used for the registration of new groups.

3. those installations that are registered in the administrative register of electrical energy production facilities, to the entry into force of this Royal Decree shall be tested for minimum technical, when approved its procedure, simultaneously to the performance tests of plants defined in annex III.

Tenth transitional provision. Parameters of liquidation of the gas turbines that share alternator.

While not defined the technical parameters of liquidation of the gas turbines that share alternator, use parameters of liquidation corresponding to each group separately.

Eleventh transitional provision. Remuneration schemes granted prior to the entry into force of this Royal Decree.

1. those facilities which by their unique features may not be included within any of the technologies defined in article 2 and were awarded a compensatory regime, other than referred to in the order ITC/913/2006, of March 30 and the order ITC/914/2006, of March 30, will maintain its approved remuneration regime prior to the entry into force of this Royal Decree until the end of its useful life regulatory.

2 installations of production of electrical energy category that prior to the entry into force of the same they had right to the perception of the specific compensation arrangements applicable to installations of production from renewable energy sources, cogeneration and waste, will continue perceiving this system on the terms laid down in the rules of application until the end of their regulatory useful life. For the purposes laid down in titles IV and VI of the present Royal Decree, these facilities will be considered as production facilities category B.


3 installations of electric power production category to that prior to the entry into force of this Royal Decree have recognized its investment value, will keep compensation effects the value of investment until the end of their regulatory useful life. The method of depreciation of the investment of these plants will be maintained until end of life regulatory in accordance with the regulations in force prior to the entry into force of this Royal Decree, based on accumulated depreciation that would have acknowledged the entry into force of this Royal Decree. The cited values corresponding to such central is indicated in annex XVI.

For the purposes of this paragraph, means life regulatory life defined in the order ITC/914/2006, of March 30.

Twelfth transitional provision. Communication and notification by electronic means.

1 processing using existing media prior to the approval of this additional provision will be completed by administrative procedures indicated in the additional provision duodecima.2 which have been initiated prior to the entry into force of this Royal Decree.

((2. them procedures administrative indicated in them paragraphs 2(f)) and 2.g) of the available additional twelfth is will continue to governed, until not is develop them applications necessary for its processing, by the normative previous relative to them means of processing.

Sole repeal provision. Repeal legislation.

1 are expressly repealed: to) the Royal Decree 1747 / 2003, of 19 December, which regulates the insular and extrapeninsulares electrical systems.

(b) the order ITC/913/2006, of March 30, which approve the method of calculation of the cost of each of the fuels used and the procedure of dispatch and power in the insular and extrapeninsulares electrical systems closeout).

c) the order ITC/914/2006, of March 30, by which establishes the method of calculation of the remuneration of guarantee of power generation facilities in ordinary regime of the island and extrapeninsulares electrical systems.

All provisions of equal or lower rank are 2 repealed insofar as they contradict or oppose provisions of this Royal Decree.

First final provision. Facility type and correspondence between classifications.

1. are defined the following facilities type depending on the technology, net power and not peninsular: Balearic Islands IT-0001 groups Diesel - power 2T