I

Article 46 of Law 24/2013 of 26 December of the Electricity Sector provides in paragraph 1 that, among others, it will be the obligation of the marketing companies to communicate to the competent administration and, in any case, to the Ministry of Industry, Energy and Tourism the beginning of the activity and the cessation of the activity, accompanied by a responsible declaration on the fulfilment of the requirements that are established regulatively for the exercise of the same.

In accordance with Article 73 of Royal Decree 1955/2000 of 1 December 2000 regulating the transport, distribution, marketing, supply and authorisation procedures of energy installations electrical, are requirements necessary to perform the marketing activity, the accreditation of legal, technical and economic capacity.

Also, the accreditation of each of these requirements is determined by having, in particular, that in order to accredit the legal capacity, the companies that carry out the marketing activity must be commercial companies duly registered in the corresponding register or equivalent in their country of origin, in which the social object is credited with their ability to sell and purchase electrical energy without any limitations or reservations to the exercise of such activity. In addition, those companies based in Spain must prove in their statutes that they comply with the requirements of separation of activities and legally established accounts. In the case of companies from other countries, the accreditation of compliance with the requirements for separation of activities and accounts shall be understood as referring to the activities that they carry out in the field of the Spanish electricity system.

In order to prove the technical capacity requirement, companies must meet the requirements of the buyers in the electricity production market in accordance with the Operating Procedures. Technical and, where applicable, the Rules of Operation and Liquidation of the production market. In order to prove their economic capacity, they shall provide the guarantees which are required for the purchase of energy in the electricity production market in the Technical Operation Procedures and in the relevant Rules of Procedure. Market Operation and Liquidation.

The Royal Decree 198/2010 of 26 February, adapting certain provisions relating to the electrical sector to the provisions of Law 25/2009, amending various laws for its adaptation to the law on the free access to the service activities and their exercise, as amended by Royal Decree 1955/2000 of 1 December 2000, including a model of prior communication and a responsible declaration for the development of the marketing activity, which is is available on the Ministry's website.

However, the development of the marketing activity in the isolated electrical systems of the non-peninsular territories has certain characteristics linked to the participation of the marketer as agent in the economic office. It is therefore necessary to adapt the abovementioned model of prior communication and responsible declaration and to approve a specific model for the development of the marketing activity in the electrical systems of non-peninsular territories.

According to Article 71.bis.5 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the Public Administrations shall be permanently published and updated models of responsible and prior communication, which shall be provided in a clear and unambiguous manner and which may in any case be submitted remotely by electronic means.

Having regard to Articles 45 and 10 of Law 24/2013 of 26 December of the Electrical Sector and Articles 73 et seq. of Royal Decree 1955/2000 of 1 December 2000 on the rules governing transport activities, distribution, marketing, supply and authorisation procedures of electrical energy installations.

Having regard to the jurisdiction conferred by Article 12.3 in conjunction with Article 71a of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Having regard to the State Advocate report of the Ministry of Industry, Energy and Tourism dated 10 February 2015, in which the need for and the opportunity for the approval of the above models of prior communication is justified specific responsible statement for the development of the marketing activity in the electrical systems of non-peninsular territories.

This Directorate General for Energy Policy and Mines resolves:

First.

Approve the model of prior communication and specific responsible statement concerning the development of the marketing activity in the non-peninsular electrical systems that is attached as an annex to this resolution.

Second.

Order your publication in the "Official State Gazette" as well as on the Ministry's website.

Against this resolution, it is possible to bring an appeal before the Secretary of State for Energy, within one month, in accordance with the provisions of Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure.

Madrid, June 10, 2015. -Director General of Energy Policy and Mines, M. Teresa Baquedano Martin.

ANNEX

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