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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7593

Order EIT/1045/2014, 16 June, by which approve the compensation parameters of type facilities applicable to certain facilities of the production of electricity from renewable energy sources, cogeneration and waste, was issued in application mainly from provisions in the additional provision segunda.4 and the transitional provision of Royal Decree 413/2014 primera.8 , 6 June, which regulates the activity of production of electrical energy from renewable energy sources, cogeneration and waste.

This order sets the equivalence between the categories, groups and subgroups defined prior to the entry into force of Royal Decree 413/2014, on 6 June, and the new categories, groups and sub-groups established in the Royal Decree. Also sets the compensation parameters of type facilities corresponding to facilities that have recognized payment system to 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.

Order EIT/1168/2014, of 3 July, which determines the date of automatic registration of certain facilities to the system registry specific remuneration laid down in title V of Royal Decree 413/2014, 6 June, which regulates the activity of production of electrical energy from renewable energy sources cogeneration and waste, determined on July 9, 2014 is inscribiesen automatically when registering facilities that have recognized payment first to the entry into force of the referred Real Decree-Law 9/2013, of July 12, as laid down by the first transitional provision of the Royal Decree.

In addition, taking into account that the information necessary to perform automatic registration in the register of specific remuneration regime came from the settlement of the National Commission of markets and competition system, the abovementioned order EIT/1168/2014, of 3 July, stated that the Committee would refer to the Directorate General of energy policy and mines the information included in the settlement system at the time of registration.

In fulfilling this mandate, the National Commission of markets and competition he referred cited information relating to remuneration more than 64,000 units.

After auto-enrollment in the registration of specific remuneration arrangements, noted that there are units that pay you cannot assign that installation type does not correspond to the technical characteristics of these facilities with no installation type from those approved in order EIT/1045/2014, of 16 June.

Taking into account that the transitional provision primera.8 of Royal Decree 413/2014, on 6 June, it stipulates that "relevant equivalencies between the new facilities type defined and previously existing classification, for the purposes of the determination of the remuneration arrangements, shall be established in such a way that each existing facility appropriate you an installation type with a compensation parameters» , should be adopted in the present order to establish the necessary type facilities that had not been included in the order EIT/1045/2014, on 16 June, as well as their remuneration parameters.

Pursuant to the above, this order defines these facilities type and its equivalence with the categories, groups and subgroups defined prior to the entry into force of Royal Decree 413/2014, on 6 June, and in turn sets its corresponding compensation parameters.

Taking into account that the final provision second Royal Decree-Law 9/2013, of July 12, by which adopt urgent measures to ensure the financial stability of the electricity system, stated that the Government will adopt a Royal Decree on regulation of the legal and economic regime for the production facilities of electric power with first payment which shall apply from the entry into force of the Royal Decree-Law , and final disposition third law 24/2013, of 26 November, in the Electricity Sector, this order will be applicable from that date.

Additionally, modifies the order EIT/1045/2014, 16 June, by which approve compensation parameters of type facilities applicable to certain facilities of the production of electricity from energy sources renewable and cogeneration and waste. The reference to the day of beginning of the computation of the useful life of the facilities of the groups b.4 and b.5, originally included in annex I.6 of this order, to be contrary to the provisions in article 28 and the additional provision segunda.6 of Royal Decree 413/2014, of June 6, and as such is removed suffer from invalidity of void, pursuant to article 62(2) of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

In accordance with the requirements in section 5.2 and the tenth transitional provision of law 3/2013, June 4, creation of the National Commission of markets and competition, this order has been object of report by the National Commission of markets and competition, who, for the elaboration of his report, has taken into account the observations and comments of the Advisory Council of electricity through which it has evacuated the processing of audience to the sector and consultations to the autonomous communities.

By agreement of July 2, 2015, the Government representative Commission for Economic Affairs has authorized the Minister of industry, energy and tourism to issue this order.

By virtue, prior agreement of the Commission the Government representative, I have: article 1. Object.

1 is the subject of this order the establishment of facilities type corresponding to the facilities included in the scope of this order, as well as the establishment of their remuneration parameters that will apply to the first semiperiodo regulatory defined in the first additional provision of Royal Decree 413/2014, 6 June, which regulates the activity of production of electrical energy from renewable energy sources cogeneration and waste, without prejudice to the provisions of article 20.

2. in addition, the equivalence between certain categories, groups and subgroups defined prior to the entry into force of Royal Decree 413/2014, on 6 June, which regulates the activity of production of electrical energy from renewable energy sources, cogeneration and waste and new categories, groups and sub-groups established in the Royal Decree is set setting for each of these different type installations and their corresponding codes for purposes of the determination of the remuneration arrangements applicable.

Article 2. Scope of application.

This order shall apply to installations for electricity production from renewable energy sources, cogeneration and waste that would have recognized payment system to the entry into force of the Royal Decree-Law 9/2013, 12 July, laying down urgent measures to ensure the financial power system stability, by which referred in the second additional provision and the transitional provision of Royal Decree 413/2014 first June 6, and which does not correspond any type facilities defined in the order EIT/1045/2014, 16 June, by which approve compensation parameters of type facilities applicable to certain facilities of the production of electricity from energy sources renewable and cogeneration and waste.

Article 3. Compensation aspects of the facilities.

1 set out in annex I the equivalences between certain categories, groups and subgroups defined prior to the entry into force of Royal Decree 413/2014, on 6 June, and the new categories, groups and sub-groups established in the Royal Decree, as well as the different installations for the latter and their corresponding codes.

Likewise, lists codes of to.1.3 subgroup type facilities resulting from the reclassification of the facilities of subgroups a.1.1 and a.1.2 which do not comply with the limits of established fuel consumption. Pay sub-group to.1.3 type facilities operation shall be equal to zero.

2. the compensation parameters of type installations that shape the specific compensation arrangements applicable to the year 2013 are those included in annex II.1.

3 remuneration parameters of the installations that shape the specific compensation arrangements applicable to the years 2014, 2015 and 2016, are those included in the annex II.2.

This Annex establishes the value of remuneration to investment which will apply in the years 2014, 2015 and 2016, and, where appropriate, the value of the reward to the operation that will be applied in the year 2014. Additionally, for those facilities type whose variable costs do not depend essentially on the price of fuel is included the retribution to the operation of the years 2015 and 2016.
4. remuneration parameters referred to in paragraphs 2 and 3 above have been calculated as provided in Royal Decree 413/2014, 6 June, which regulates the activity of production of electrical energy from renewable energy sources, cogeneration and waste and the order EIT/1045/2014, 16 June , by which approve the compensation parameters of type facilities applicable to certain facilities of electric power from renewable energy sources, cogeneration and waste production, whereas the calculation hypotheses listed in annex III of this order and on the parameters listed in annex IV of this order.

5. Annex III sets the value of the compensation operation, applicable to the second half of 2015, of the installations whose variable costs essentially depend on the price of fuel, which is updated in accordance with article 20.3 of Royal Decree 413/2014, on 6 June, and with the order that establishes the methodology for updating the remuneration to the operation of facilities with specific compensation arrangements. Also included in that annex the values for these facilities type of the parameters A, B and C set out in the order cited for the updating 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. Life regulatory and standard value of the initial investment of the type facilities.

1. the life regulatory type installations assigned to the facilities included in the scope of this order shall be established in annex IV.

2. the standard value of the initial investment for each one of the type assigned to the facilities included in the scope of this order shall be established in annex IV.

3. the provisions of this article shall be governed by the provisions of article 14.4 of the law 24/2013, of 26 December, the Electricity Sector and by article 20 of Royal Decree 413/2014, 6 June.

First additional provision. Liquidation of the specific compensation arrangements.

The body responsible for the liquidation will proceed to liquidate the specific compensation arrangements, facilities which are les application installations type defined in this order, since the entry into force of the Royal Decree-Law 9/2013, 12 July, under cover of his second final provision. Such liquidations will be included in the next settlement that is made after the notice by the Ministry of industry, energy and tourism, to the body responsible for the settlements, the alteration of the registration of these facilities-specific remuneration regime, proceeding to regularize the negative balances which, if any, resulted from the application of the transitional provision of Royal Decree 413/2014 eighth , 6 June.

Second additional provision. References to authorization of exploitation.

References in this order to authorization of exploitation shall be deemed performed in their case, the Act of switching on or in service.

Sole transitional provision. Applicability of values of retribution to the operation.

The values of the remuneration to the operation included in annex III of this order shall apply from the first day of the month following its publication, prior to that date shall apply the values of retribution to the operation included in annex II.

First final provision. Modification order EIT/1045/2014, 16 June, by which approve compensation parameters of type facilities applicable to certain facilities of the production of electricity from energy sources renewable and cogeneration and waste.

Order EIT/1045/2014, 16 June, by which approve the compensation parameters of type facilities applicable to certain facilities of the production of electricity from renewable energy sources, cogeneration and waste, is hereby amended as follows: one. With effect from the entry into force of the order EIT/1045/2014, of June 16, amending the first paragraph of page 46490 of the «Official Gazette» No. 150, June 20, 2014, in annex I, section 6, of this order that is to be re-worded as follows: «in the case of the Group (subgroup b.4.1) and subgroup b.4.2 b.4 and b.5 group (subgroup b.5.1 and b.5.2.) facilities with date of authorisation of definite exploitation prior to 1994 have been included as installation type for the year 1994. «The codes for these facilities are: (...).»

Two. The following shall be added to point 4 of article 6: "for these purposes shall be regarded as hours threshold and minimum minors between the corresponding to groups that compose the hybridization of installation and in each case as equivalent operating hours maximum for purposes of perception of the reward to the operation, the largest among the corresponding to groups that make up the hybridization in each case.» «In those cases where the installation use as fuel the Group c2 black liquors shall be regarded as hours threshold and minimum corresponding to the Group of black liqueurs IT-01036 values»

Second final provision. Competence titles.

This order is run under the aegis of the 13th and 25.ª in article 149.1 of the Constitution rules, which attributes to the State the exclusive competence in matter of bases and coordination of the general planning of economic activity and the regime and mining bases, respectively.

Third final provision. Application.

Articles 1, 2, 3 and 4 will be of application since the entry into force of the Royal Decree-Law 9/2013 July 12, by which adopt urgent measures to ensure the financial stability of the electric system, in accordance with this Royal Decree-Law-second final disposition, and final disposition tercera.1 of the law 24/2013, of 26 November , of the electric power industry.

Fourth final provision. Entry into force.

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

Madrid, 2 July 2015.-the Minister of industry, energy and tourism, Jose Manuel Soria Lopez.

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