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I the article 46 of the law 24/2013, of 26 December, the Electricity Sector, provides in its paragraph 1 that, among others, shall be duty of the marketing companies, communicate to the competent authority and, in any case, the Ministry of industry, energy and tourism, the start of the activity and the cessation of the same, accompanied by a declaration that is responsible for the compliance of the requirements established by law for the exercise thereof.
In accordance with the article 73 of the Real Decree 1955 / 2000, of 1 of December, by which is regulate them activities of transport, distribution, marketing, supply and procedures of authorization of facilities of energy electric, are requirements necessary to perform the activity of marketing, the accreditation of the capacity legal, technical and economic.
Also determines the accreditation of each of these requirements having, in particular, that to prove the legal capacity, companies that perform marketing activity must be companies duly registered in the corresponding or equivalent registration in their country of origin, in whose social object is credited their ability to sell and buy electricity where there is no limitations or reservations to the exercise of such activity. Also, those companies with headquarters in Spain must prove in their statutes the compliance of the requirements of separation of activities and of accounts established legally. In the case of companies from other countries, accreditation of compliance with the requirements of separation of activities and accounts is understood to refer to activities that develop in the field of the Spanish electrical system.
To prove the requirement of capacity technical, them companies must meet them requirements required to them subject buyers in the market of production of energy electric according to them procedures of operation technical and, in his case, the rules of operation and liquidation of the market of production. In order to prove their economic capacity, they must submit the guarantees that are required for the acquisition of power in the market of electricity production in operation technical procedures and corresponding rules of operation and liquidation of the market.
He Real Decree 198 / 2010, of 26 of February, by which is adapted certain provisions relating to the sector electric to it willing in the law 25 / 2009, of modification of various laws for its adaptation to the law on the free access to them activities of services and its exercise, modified the cited Real Decree 1955 / 2000, of 1 of December , including a model of communication and responsible statement for the development of the activity of marketing, which is available on the website of the Ministry.
However, the development of the activity of marketing in those systems electrical isolated of them Territories not peninsular presents certain features own linked to the participation of the marketer as agent in the office economic. For this reason, it is necessary to adapt the above model of previous communication and responsible statement and approve a specific model for the development of marketing activity in the electrical systems of the non-peninsular territories.
Under article 71.bis.5 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, public administrations will be permanently updated and published models of responsible Declaration and prior notice, which shall be clear and unambiguous and that, in any case, they may submit a distance electronically.
Seen them articles 45 and 10 of the law 24 / 2013, of 26 of December, of the Sector electric, as well as them articles 73 and following of the Real Decree 1955 / 2000, of 1 of December, by which is regulate the activities of transport, distribution, marketing, supply and procedures of authorization of facilities of energy electric.
View the competences empowerment that gives article 12.3 in relation to article 71.bis of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Seen the report of advocacy of the State of the Ministry of industry, energy and tourism of date 10 of February of 2015 in which is justifies the need and the opportunity of the approval of them cited models of communication prior and statement responsible specific for the development of the activity of marketing in them systems electrical of them Territories not peninsular.
This Directorate-General for energy and mines resolves: first.
Approve the model of communication prior and statement responsible specific relative to the development of the activity of marketing in them systems electrical not peninsular that is accompanied as annex to the present resolution.
Order their publication in the "official State Gazette" as well as on the website of the Ministry.
Against this resolution would appeal appeal to Mr. Secretario de Estado de Energía, in the period of one month, in accordance with the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Madrid, 10 of June of 2015.-the Director General of political energy and mines, m. ª Teresa Baquedano Martin.
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