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Order Eit/1344/2015, 2 July, By Which Approve Facilities Type And Its Corresponding Parameters Remuneration, Applicable To Certain Facilities Of The Production Of Electricity From Renewable Energy Sources...

Original Language Title: Orden IET/1344/2015, de 2 de julio, por la que se aprueban las instalaciones tipo y sus correspondientes parámetros retributivos, aplicables a determinadas instalaciones de producción de energía eléctrica a partir de fuentes de energía renovables...

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TEXT

Order IET/1045/2014 of 16 June 2014 approving the remuneration parameters of the standard facilities applicable to certain installations for the production of electrical energy from renewable energy sources, In the case of cogeneration and waste, it was applied mainly as provided for in the additional provision under the second paragraph of Article 4 and in the transitional provision of Royal Decree 413/2014 of 6 June 2014 governing the production activity of electrical energy from renewable energy sources, cogeneration and waste.

This order establishes the equivalence between the categories, groups and subgroups defined prior to the entry into force of Royal Decree 413/2014 of 6 June, and the new categories, groups and subgroups established in that real decree. It also sets out the remuneration parameters of the type-facilities for installations which have been recognised as being paid for the entry into force of Royal Decree-Law 9/2013 of 12 July 2013 adopting measures urgent to ensure the financial stability of the electrical system.

Order IET/1168/2014 of 3 July 2014 determining the date of automatic registration of certain installations in the register of specific remuneration provided for in Title V of Royal Decree 413/2014, of 6 of June, by which the activity of producing electrical energy from renewable energy sources, cogeneration and waste is regulated, determined that on July 9, 2014 the installations that are automatically registered will be registered. have been recognised for the entry into force of the Royal Decree-Law 9/2013, of July 12, in accordance with the provisions of the first transitional provision of the aforementioned royal decree.

Additionally, taking into account that the information necessary for the automatic registration of the registration of a specific remuneration regime came from the settlement system of the National Commission of the Markets and the Competition, Order IET/1168/2014 of 3 July 2014, provided that the Commission would refer to the Directorate-General for Energy Policy and Mines the information contained in the settlement system at the time of such registration.

In compliance with that mandate, the National Markets and Competition Commission referred the above information to more than 64,000 remuneration units.

After the automatic registration of the specific remuneration scheme, it has been found that there are remuneration units which cannot be assigned a type of installation because of the characteristics of the techniques of such facilities with those of no installation type approved in the IET/1045/2014 Order of 16 June.

Taking into account that the first transitional provision of Royal Decree 413/2014 of 6 June 2014 requires that ' the corresponding equivalences be established between the new type of facilities to be defined and the classification previously in force, for the purposes of determining the applicable remuneration scheme, so that each existing facility is subject to a standard facility with remuneration parameters ', the present order should be approved for establish the necessary facilities that would not have been included in the Order IET/1045/2014 of 16 June 2014 and its remuneration parameters.

By virtue of the foregoing, this order defines such facilities and their equivalence with the categories, groups and subgroups defined prior to the entry into force of Royal Decree 413/2014 of 6 June, and in turn sets its corresponding remuneration parameters.

Taking into account that the final provision of Royal Decree-Law 9/2013 of 12 July 2013 adopting urgent measures to ensure the financial stability of the electricity system provides that the Government will approve a royal decree regulating the legal and economic arrangements for electricity production facilities with primary pay to be applied from the entry into force of the actual decree-law, and the final third of the Law 24/2013, of 26 November, of the Electrical Sector, this order will result from application from that date.

Additionally, the Order IET/1045/2014 of 16 June 2014 amending the remuneration parameters of the standard facilities applicable to certain electrical energy production facilities is hereby amended as amended. renewable energy sources, cogeneration and waste. The reference to the starting day of the calculation of the useful life of the premises of groups b.4 and b.5, originally included in Annex I. 6 of that order, is deleted and this is to be contrary to the provisions of Article 28 and the provision In addition, the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance had to Common Administrative.

According to the requirements of Article 5.2 and the transitional provision of Law No 3/2013 of 4 June of the creation of the National Commission on Markets and Competition, this order has been the subject of a report by the Commission. National Commission of the Markets and Competition, who for the preparation of its report has taken into consideration the observations and comments of the Advisory Council of Electricity, through which the process of hearing has been evacuated sector and consultations with the autonomous communities.

By agreement of 2 July 2015, the Government Delegation for Economic Affairs has authorised the Minister of Industry, Energy and Tourism to issue this order.

In its virtue, prior to the Agreement of the Government Delegation, I have:

Article 1. Object.

1. The purpose of this order is the establishment of the appropriate facilities for installations falling within the scope of this order, as well as the establishment of their remuneration parameters to be applied. the first regulatory semi-period as defined in the first provision of Royal Decree 413/2014 of 6 June 2014 regulating the production of electricity from renewable energy sources, cogeneration and wastes, without prejudice to the provisions of Article 20 thereof.

2. In addition, the equivalence between certain categories, groups and sub-groups defined prior to the entry into force of Royal Decree 413/2014 of 6 June 2014 regulating the activity of the production of electrical energy from the from renewable energy sources, cogeneration and waste and the new categories, groups and sub-groups set out in the said royal decree, fixing for each of the latter the different type of facilities and their corresponding codes for effects the determination of the applicable remuneration scheme.

Article 2. Scope.

This order will apply to the production facilities of electric power from renewable energy sources, cogeneration and waste that have been recognized as paid for the entry into force of the Real Estate. Decree-Law 9/2013 of 12 July 2013 adopting urgent measures to ensure the financial stability of the electricity system, referred to in the second provision and in the first transitional provision of Royal Decree 413/2014, 6 June, and to which none of the facilities defined in the Order correspond IET/1045/2014 of 16 June 2014 approving the remuneration parameters of the standard facilities applicable to certain installations for the production of electrical energy from renewable energy sources, cogeneration and waste.

Article 3. Remuneration aspects of the facilities.

1. The equivalences between certain categories, groups and sub-groups defined prior to the entry into force of Royal Decree 413/2014 of 6 June and the new categories, groups and sub-groups established in the Annex I are set out in Annex I. quoted royal decree, as well as the different type of facilities for the latter and their corresponding codes.

Likewise, the codes of the facilities type of the subgroup a.1.3 resulting from the reclassification of the facilities of the subgroups a.1.1 and a.1.2 are indicated that do not meet the limits of consumption of established fuels. The remuneration for the operation of the facilities type of the subgroup a.1.3 shall be equal to zero.

2. The remuneration parameters of the standard facilities which give effect to the specific remuneration scheme applicable for the year 2013 are those set out in Annex II.1

3. The remuneration parameters of the standard facilities that specify the specific remuneration scheme applicable for the years 2014, 2015 and 2016 are those set out in Annex II.2.

The value of the remuneration for the investment to be applied in the years 2014, 2015 and 2016, and, where applicable, the value of the remuneration for the operation to be applied in 2014, is set out in that Annex. Additionally, for those type installations whose variable costs are not essentially dependent on the fuel price, the remuneration for the operation of the years 2015 and 2016 is included.

4. The remuneration parameters referred to in paragraphs 2 and 3 above have been calculated in accordance with the provisions of Royal Decree 413/2014 of 6 June 2014 governing the production of electrical energy from energy sources renewable, cogeneration and waste and in Order IET/1045/2014 of 16 June 2014 approving the remuneration parameters of the standard facilities applicable to certain installations of electrical energy production from sources of energy renewable energy, cogeneration and waste, taking into account the calculation assumptions contained in the Annex III of that order and the parameters listed in Annex IV of this order.

5. Annex III sets out the value of the remuneration for the operation, applicable to the second half of 2015, of the type installations whose variable costs are essentially dependent on the price of fuel, which is updated in accordance with the provisions of this Regulation. in Article 20.3 of Royal Decree 413/2014 of 6 June 2014 and with the Order laying down the methodology for updating the remuneration for the operation of installations with specific remuneration. Also included in that Annex are the values for these facilities type A, B and C defined in the order cited for the update of the remuneration to the operation of the second half of the year 2015, first half of the year 2016 and second half of the year 2016.

Article 4. Regulatory life and standard value of initial investment of type facilities.

1. The regulatory life for the facilities assigned to the facilities included in the scope of this order shall be as set out in Annex IV.

2. The standard value of the initial investment for each of the facilities assigned to the facilities included in the scope of this order shall be as set out in Annex IV.

3. The provisions of this Article shall be governed by the provisions of Article 14 (4) of Law 24/2013 of 26 December of the Electricity Sector and of Article 20 of Royal Decree 413/2014 of 6 June 2014.

Additional disposition first. Liquidations of the specific remuneration scheme.

The agency responsible for the settlements will proceed to liquidate the specific remuneration regime, to the facilities to which the type installations defined in this order apply, since the entry into force of the Royal Decree-law 9/2013 of 12 July, under the protection of its second final provision. Such liquidations shall be included in the following liquidation following the communication by the Ministry of Industry, Energy and Tourism to the body responsible for the settlement of the amendment to the Register of specific remuneration of these facilities, by proceeding to regularise the negative balances which, as the case may be, resulted from the application of the transitional provision of Royal Decree 413/2014 of 6 June 2014.

Additional provision second. References to operating authorisation.

The references included in this order to the operating authorisation shall be construed as being made, where appropriate, to the start-up or in-service minutes.

Single transient arrangement. Applicability of Values of Pay to Operation.

The values of the remuneration for the operation listed in Annex III of this order shall apply from the first day of the month following that of their publication, before that date the values of the transaction shall apply. remuneration for the operation listed in Annex II.

Final disposition first. Amendment of Order IET/1045/2014 of 16 June 2014 approving the remuneration of the standard facilities applicable to certain installations for the production of electrical energy from renewable energy sources, cogeneration and waste.

Order IET/1045/2014 of 16 June 2014 approving the remuneration parameters of the standard facilities applicable to certain installations for the production of electrical energy from renewable energy sources, Cogeneration and waste is amended as follows:

One. With effect from the entry into force of Order IET/1045/2014 of 16 June, the first paragraph of page 46490 of the "Official State Gazette" is amended. 150, of 20 June 2014, in Annex I, paragraph 6, of that order which is amended as follows:

" In the case of group b.4 (subgroup b.4.1 and subgroup b.4.2) and group b.5 (subgroup b.5.1 and b.5.2.), facilities with the date of final exploitation authorisation prior to the year 1994 have been included as a type facility. of the year 1994. The codes for these installations are:

(...). "

Two. The following is added to point 4 of Article 6:

" For these purposes, the minimum and minimum hours shall be considered to be the smallest of those corresponding to the groups that make up in each case the hybridization of the installation and as a number of hours of operation equivalent maximum for the purpose of perception of the remuneration to the operation, the greater of the corresponding to the groups that make up in each case the hybridization. In those cases where the installation uses as fuel the black spirits of the c2 group shall be considered as threshold and minimum hours for the black liquor group the values of IT-01036. '

Final disposition second. Competitive titles.

This order is dictated by the rules 13. and 25. th of article 149.1 of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of economic activity and of the mining and energy regime, respectively.

Final disposition third. Application.

Articles 1, 2, 3 and 4 will apply from the entry into force of Royal Decree-Law 9/2013 of 12 July adopting urgent measures to ensure the financial stability of the electricity system, conformity with the second final provision of this royal decree-law, and the final provision tercer.1 of Law 24/2013 of 26 November of the Electrical Sector.

Final disposition fourth. Entry into force.

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

Madrid, 2 July 2015. -Minister of Industry, Energy and Tourism, José Manuel Soria López.

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