Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5633
FELIPE VI KING OF SPAIN to all that the present join together and act.
Know: that them cuts General have approved and I come in sanction the following law: PREAMBLE I it law 25 / 2009, of 22 of December, of modification of different laws for its adaptation to the law on the free access to them activities of services and its exercise, dictated for transpose the directive 2006 / 123 / CE of the Parliament European and of the Council , December 12, 2006 amended, among other laws, law 34/1998, of October 7, the hydrocarbons Sector, replacing the prior administrative authorisation to carry on the business of operator to the wholesale for a responsible statement on compliance with the requirements established for the conduct of its affairs and communication of activity starts.
Without prejudice of keep it statement responsible as form of start it activity is estimated timely as form of ensure the existence of a capacity economic from them operators to the by greater, and as form of check it, that next to the statement responsible is contribution the shelter of have constituted a warranty before it box general of deposits that may be executed in case of breach of its activity , as in the cases of fraud. This measure has proved necessary frequent breaches that have resulted in consequences not only economic, but in terms of competition and compliance with tax regulations. This requirement will be demanded only to new operators, without prejudice of the obligation of them existing of meet the requirements of capacity technical and economic force. Also, is introduced with the same goal the ability to temporarily disable the operators of petroleum products to act as such during the investigation of disciplinary files relating among others, to tax fraud.
In addition, new types of administrative offences cataloging as serious breaches of some of the measures in favour of competition introduced in law 11/2013, 26 July, support for entrepreneurs and encouraging growth and job creation measures are included in the scope of liquid hydrocarbons.
Also States that the information submitted in compliance with the order ITC/2308/2007, of July 25, which determines the form of submitting information to the Ministry of industry, tourism and trade activities of supply of petroleum products, be incorporated into the registration of distribution facilities established in article 44 of the law 34/1998 , of 7 of October.
II in regard to gases liquefied petroleum (LPG), the approval of the law 34/1998, of October 7, the hydrocarbons Sector, together with the subsequent modifications made, resulted in a change of model with respect to the regulation applied until then, contained in the existing Royal Decree 1085 / 1992, of 11 September, which approves the regulation of the activity of distribution of liquefied petroleum gases.
Some of the aspects contained in the Royal Decree of the concerned activity that necessarily have regulated by law range because of subsequent regulatory changes that so require, along with the evolution followed by the sector in recent years, make it advisable to amend the law of hydrocarbons in several aspects.
In this context, the main modification collected in this law is refers to the supply of the LPG piped. It is defined explicitly this provision, included in the form of bulk supply and establishes provisions for the supply of fuel gases by channeling make application to bulk piped LPG supply, insofar as there is a regulatory development in this regard.
In what regard to them subject that performed activities related with the supply of LPG, is includes a habilitation for regular, by via regulatory, the obligations and rights that must contemplate.
On the other hand, to carry on the business of operator to the LPG and marketer's wholesale to the retail LPG in bulk, is set with this modification that they must establish and maintain and update insurance civil liability or other financial guarantees sufficient to cover the risks of the activities exercised. This obligation already came determined to level regulatory, but fruit of the regulation of this matter by the law 17 / 2009, of 23 of November, on the free access to them activities of services and its exercise, and subsequently by it law 20 / 2013, of 9 of December, of warranty of the unit of market, should establish is this obligation in a standard with range of law.
Also includes that both referred subjects have to communicate, not just any event involving a modification of any of the data contained in the corresponding responsible Declaration, which must be present for the start of the activity, but also, where appropriate, the cessation of the activity. Also, it is specified that the National Commission of markets and competition, must remove the corresponding list of operators to the wholesale LPG and marketers to the retail LPG in bulk, those who communicate this cessation of activity.
Also, is updated the obligation of supply from the marketer to the by less of LPG to bulk. The Royal Decree 1085 / 1992, 11 September, picks up that undertakings of LPG in bulk must be the supply of the same, and its extension to any subscriber who requests it, provided that the place where the delivery of the gas is to be made is included in the geographical scope of the authorization. With the replacement of the authorization to carry out the activity, by the communication of the start of the activity, accompanied by the corresponding declaration responsible to comply with the requirements set for its exercise, this obligation has run out of content. Therefore, it includes that marketers to the retail LPG in bulk have an obligation to supply LPG to all consumers who, within the province in which it is acting the marketer, request it.
On the other hand includes operators to the wholesale LPG should demand to any marketer to the LPG retail and holders of all facilities that supply, supporting documentation that their facilities comply with current regulations. It is now limited to marketers to the retail of bottled LPG and LPG facilities to bulk holders, which is a restriction against the security of the facilities.
Finally, it includes a new very serious infringement relating to the obligation of home supply of bottled LPG and modifies the infringement relating to the refusal to supply gas by pipeline to consumers at regulated prices and tariff regime, to make it extensive to the bottled LPG and piped LPG.
III in wholesale natural gas market can differentiate two submarkets: the primary market and the secondary market.
The primary market includes transactions between producers of gas by the supply side, and importers of agents or suppliers of gas by the demand side. In the case of non-producing countries, such as Spain, these transactions are carried out outside its gas system.
The secondary market covers all transactions that take place in the field of system gas between importers of gas at source and other marketers. This market has a clear dimension national, since, by its own nature, includes them contracts of resale of them importers of to others marketers, and them transactions that them marketers made between them to adjust their positions of sale of face to their needs of supply to them consumers end.
Spanish gas there an organized secondary market in the system. There is a market where transactions carried out respond to mechanisms of bilateral negotiation between marketers and their result is not reflected in a reference price of gas in the Spanish market.
Through the present law is an organized wholesale market and refers to the organized market of gas operator. This market, when it is fully developed reflect a clear price signal, will facilitate the entry of new marketers driving forces behind the market and, therefore, will increase competition in the sector.
The regulation included in this law aims to integration in the organized market of gas activity in the Iberian peninsula, both the Portuguese and the Spanish part. To such end is set them bases for the Constitution of the market organized of gas on the company promoted by the holder of the market electric and with a cast shareholder that allow the plurality of agents in the same as well as, in his case, of investors financial. Them limitations shareholding that is set intended to avoid that is produce an influence significant in the management of the company that affect to the service that is you entrusts. Also, them standards that can affect to them entities Portuguese are pending, in its application, of the due implementation of a regulation similar in the country neighboring according to the principle of reciprocity or of an eventual agreement or Convention International.
In the sector of the gas natural, is adopt also some measures in relation to them stock minimum of security that, without undermining the security of supply, dotan to them marketers of a greater flexibility and lower cost. In this sense, it enables the Government to distinguish within minimum stocks security stocks of strategic and operational stocks.
It is enabled in addition to the strategic reserves of petroleum products Corporation (CORES), to establish, maintain, and manage stocks of strategic character of natural gas and liquefied natural gas (LNG), providing new agents or those who thus deem the fulfilment of obligations in relation to security of supply.
In relation to the title V of the law 34 / 1998, of 7 of October, is includes a modification to detail it condition to farms particular derived of it construction of facilities gas and of pipelines, that currently not is are collected in any standard, but that are necessary to safeguard the security of these facilities.
Another of the measures adopted by this law, is extend to any of the natural gas installation companies enabled the inspections of the reception facilities of natural gas. Currently only can make is through the distributors.
Finally, he is a review of the classification of infringements and new types are introduced to have identified certain behaviors that had not been contemplated in the law 34/1998, of October 7, the hydrocarbons Sector, and also specifies the types for which infringement proceedings may be competent the National Commission of markets and competition.
IV the deposits of hydrocarbons existing in the basement Spanish have the consideration of goods of domain public whose use can assign is to people physical or legal private according to a title administrative concession. Research and exploitation of these deposits is an activity that is subject to a high level of commercial risk, given the uncertainty associated with the pursuit of commercially exploitable deposits but they can also generate a return above the average of other sectors.
For this reason, this law introduces a number of provisions both tax and non tax in order to harmonize mentioned above in the general interest of the activities of research and exploitation of deposits of hydrocarbons, the risk and profitability so that economic income derived from the discovery of new deposits of hydrocarbons also revert in the whole of society. So, taking in consideration principles tax basic as are the justice and efficiency, is considered necessary and equitable for the rest of the society the establishment of the tax on the value of the extraction of Gas, oil and condensate as instrument that pursues that part of it «wealth derived of the use of them goods of domain public» reverts to the society such assets belong to which under the Constitution and the law.
In this sense, regulates the tax on the value of the extraction of Gas, oil and condensate of direct character and real nature, taxing the value of products of public gas, oil and condensate extracted in Spanish territory. Sets a sliding scale of assessment depending on the volume of production, which also takes into account the influence of certain technical characteristics of projects with influence on the profitability of the same, such as its specific location or applied technology.
On the other hand, modifies the canon of surface relative to the aforementioned public domain established in article 2 of the law 34/1998, of October 7, the hydrocarbons Sector, currently regulated in the first additional provision, to adapt its structure to the regulation of any tax and sort their rates, which happen to be four. Is introduces the rate third by location of probes in them permissions of research and in them concessions of exploitation and the fourth by the acquisition of data seismic in authorizations of exploration, permissions of research and concessions of exploitation, keeping is them amounts to them already existing and setting is them amounts of them two new rates. This additional provision is therefore repealed expressly.
Them activities of exploration, research and exploitation of hydrocarbons contribute to the wealth of the joint of it society improving the security of them supplies energy, creating wealth through the generation of activity economic and payment of taxes and guarantee it sustainability environmental through the application of ones strict standards of protection environmental. This law reinforces the above principles by introducing the obligation for a social engagement with local communities in which such activities to allow an appropriate balance between the production of hydrocarbons and the needs of such communities.
Finally and in relation to them yields derivatives of them figures tax earlier, is must adopt them criteria timely for them same revert with special intensity in them communities autonomous and in them municipalities where is locate such activities, so is fit of way more equitable them areas of them benefits public national and them regional that originates the production of hydrocarbons. Thus established, upon the corresponding budgetary allocation, incentives for the autonomous communities and local entities that develop activities of exploration, investigation and exploitation of hydrocarbons. So will develop a system of grants which will be awarded to mitigate the effects that these activities may in the territories that support them so direct and close.
Also, the holders of concessions for the exploitation of sites must share revenues obtained from the sale of hydrocarbons with the owners of the land overlying geologic formations that hold such hydrocarbons. These payments, that is set in a percentage of the 1 percent of such sales, will allow to them owners of land more next it obtaining of some incomes economic, without prejudice of that such holders can have of them land according to them business legal private that can celebrate, of them land in which is installed them equipment and facilities that , if any, may be necessary for the extraction of hydrocarbons discovered.
TITLE I amendment of the law 34/1998, of October 7, the hydrocarbon article 1 Sector. Modification of title II of law 34/1998, of October 7, the hydrocarbons Sector.
Title II of law 34/1998, of October 7, the hydrocarbons Sector, is to be re-worded as follows: one. Joins a new article 35 bis, which is worded as follows: «article 35 bis.» Regime of the silent administrative and of the notifications.
1. in proceedings initiated at the request of the person concerned related to matters governed by this title, the expiration of the deadline unless the express resolution involving term has been notified them will legitimize the person concerned or interested parties who had deduced the request or submitted bids to understand them refused by administrative silence, except the plans referred to in articles 22.1 and 25.3 of this law.
2. in these proceedings, is required only the personal notification of acts and administrative decisions to be adopted own applicants who have submitted bids in competition and, where appropriate, to the operator or holders of permits, authorizations or concessions. Such acts and decisions shall, in addition, publication with the formalities provided for in article 60 of the law 30/1992, of 26 November, whose publication will replace the notice in relation to any other interested.»
Two. Amending article 36 which is worded as follows: "the provisions of this chapter refers to without prejudice to provisions governing the common administrative procedure legislation and administrative provisions that develop it. However, forecasts that about regime of administrative silence and notifications are contained in article 35 bis shall, in any case, application preference, being at these ends the said legislation only of supplementary application.»
Article 2. Modification of title III of the law 34/1998, of October 7, the hydrocarbons Sector.
Title III of the law 34/1998, of October 7, the hydrocarbons Sector, is to be re-worded as follows: one. Article 41.1 b) happens to have the following wording:
«b) submitted to the National Commission of markets and competition rates methodology applied including the different types of discounts applicable, the system of third party access to its facilities and annual investment Plan, which will be published in the manner determined by circular the National Commission of markets and competition.» The Commission national of those markets and the competition may make recommendations to such methodology of rates. The National Commission of markets and competition will issue an annual report to the Ministry of industry, energy and tourism with its observations and recommendations on these methodologies as well as the degree of compliance with its recommendations in previous years."
Two. Is modifies the paragraph 1 of the article 42, the first paragraph of the paragraph 2 of the article 42 and is adds a new paragraph 3 to the cited article that are written as follows: «1. will be operators to the by greater those subject that marketed products petroleum for its later distribution to the by less.» In any case the holders of refineries and biofuel production plants will have such consideration.
2. may act as operators to the by greater exclusively those societies commercial that meet them conditions for the realization of the activity that is established regulations, between which is will include it enough capacity technical of the applicant and find is to the current in the compliance of its obligations tax.
3 where an operator to the wholesale petroleum products fails to comply with any of the requirements for the exercise of its activity, the Minister of industry, energy and tourism may, after a procedure in which to ensure the hearing of the interested party, declare the extinction of empowerment to act as an operator to the wholesale of petroleum products.
«Within the framework of the above-mentioned procedure, and in the circumstances which, in each case, there are may be adopted interim measures that may be necessary to ensure the effectiveness of the resolution, including the temporary disqualification of the ability to act as an operator to the wholesale petroleum products.»
Three. Is modified the paragraph 1 of the article 43 and is adds a new paragraph 5 that are written in the following terms: «article 43.» Distribution to the retail petroleum products.
(1. the activity of distribution to the by less of products oil shall include at least one of them activities following: to) the supply of fuels and fuels to vehicles in facilities enabled to the effect.
(b) the supply to fixtures for consumption in the installation itself.
(c) the supply of kerosene bound for aviation.
(d) the supply of fuel to vessels.
(e) any other provision that is intended to the consumption of these products.
Long as they perform some of the above activities distributors may provide to other distributors to the retail petroleum products. «In this case must sign is previously in the record of them taxes special, with arrangement to it provisions in the paragraph 7 of the article 18 of the law 38 / 1992, of 28 of December, of taxes special, and to its normative of development.»
«5. the holders of distribution facilities to the retail of petroleum products which do not belong to the distribution of a wholesale carrier network you can find the source of the fuel sold advertising the operator to acquire fuel.»
Four. Amending paragraph 3 of article 43 bis, which happens to have the following wording: «3. operators to the bulk they shall communicate to the Directorate General for energy policy and mines the subscription of these types of contracts, including the date of its completion, which will be posted on the official website of the Ministry of industry, energy and tourism.» The Directorate-General for energy and mines may request at any time a copy of such contracts.»
5. Paragraphs 1 and 3 of article 44 are written in the following terms: "1. the autonomous communities shall constitute a record of distribution facilities to the retail which must be all those facilities that develop this activity in its territory, prior accreditation of compliance by such facilities of the legal and regulatory requirements that are required, as well as opening of new service and its state of processing stations projects.» «» 3. the autonomous communities be incorporated into the register of the Ministry of industry, energy and tourism, within a maximum period of one month from the date of registration, high, low, modification or project opening, details pertaining to these ends with their corresponding dates, detailed description of the installation to which they refer, including its storage capacity, data of its location and its owner (, in relation to: to) facilities enabled the supply of fuels and fuels for vehicles.
(b) facilities to fixed installations for consumption in the installation itself.
(c) facilities for supply of kerosene with destination to the aviation.
(d) vessels fuel supply facilities.
(e) projects of opening of new facilities enabled the supply of fuels and fuels vehicles and State of processing.
The Ministry of industry, energy and tourism will establish, in collaboration with the autonomous communities, the form of incorporation of the information to the database and the conditions and form of access to information."
6. Paragraph 3 of article 44 amending bis and a new paragraph 6 is included in that article, to have the following editorial: "3. the LPG will be supplied in the forms of packaging and bulk, this last modality includes the distribution and/or supply of LPG by pipeline, understood as the distribution and supply of LPG from one or several deposits by channeling more than one supply point» «, whose delivery to the customer is performed in gaseous phase, and whose consumption is measured by counter for each of the consumers.»
«Is 6 regulations will regulate the rights and obligations of the subjects carrying out activities related to the supply of liquefied petroleum gas.»
Seven. Article 45 becomes entitled "operators to the LPG wholesale» amending paragraphs fourth and fifth of paragraph 2 and paragraphs 4 and 5, and includes a new paragraph 6, being drawn up as follows: «2. (...)»
Any act involving modification of any of the information included in the original statement, as well as the cessation of activity, shall be communicated by the person concerned, within a maximum period of one month from the date thereof.
«The National Commission of markets and competition will publish on its website a list of operators to the wholesale LPG that will include those societies which have informed the Ministry the exercise of this activity, eliminating those that have ceased their activity.»
«4. them operators to the by greater must require to them marketers to the by less of LPG and to them holders of them facilities of LPG or, in its case, to them users to which provide, the documentation supporting of that their facilities comply them conditions technical and of security that regulations are enforceable.»
5. them activities to is concerns this article, without prejudice of it willing in the article 6 of the present law, may be made freely, not being necessary the communication to the Ministry of industry, energy and tourism, when have by object them containers with capacity not top to 8 litres.
«6. operators to the wholesale LPG shall constitute and maintain up-to-date insurance of civil liability or other financial guarantees in order to cover the risks that may arise from activities exercised for persons and/or goods, and in sufficient amount in order to respond for any damages caused.»
8. In article 46 amending paragraphs fourth and fifth paragraph 2 and added paragraphs 5 and 6 which are redacted as follows: «2. (...)»
Any act involving modification of any of the information included in the original statement, as well as the cessation of activity, shall be communicated by the person concerned, within a maximum period of one month from the date thereof.
«The National Commission of markets and competition will publish on its website a list of marketers to the liquefied petroleum gases including those societies which have informed the Ministry the exercise of this activity, eliminating those who have stopped at the same retail.»
«5. marketers to the retail LPG bulk supply to all applicant thereof, shall be carried out whenever the place where delivery of the gas is to be made is understood in action the marketer's province.» Delivery of LPG in bulk shall be governed by the contractual stipulations between supplier and user.
Marketers to the retail LPG in bulk by pipeline supply to all applicant thereof, shall be carried out whenever the place where delivery is to be made is covered by the network of pipeline owned by the marketer.
«6. them marketers to the by less of LPG to bulk must constitute and keep updated a safe of liability civil u others guarantees financial to cover them risks that, for people or goods, can derive is of them activities exercised and in amount sufficient in order respond by them possible damage caused.»
Nine. Is modify them paragraphs 1, 6 and 9 of the article 52 that pass to have it following drafting: «1. it Corporation of reserves strategic of products oil, in its quality of entity Central of storage, will have by object the acquisition, Constitution, maintenance and management of them reserves of hydrocarbons, included them of gas natural in the form and by the amount that is determine regulations» the control of the maintenance of minimum stocks of security provided for in this law, as well as the obligation to diversify supplies of natural gas.»
«6. to ensure the fulfillment of obligations Corporation may acquire and lease crude oils and petroleum products, natural gas and liquefied natural gas and enter into contracts with the limits and conditions to be determined by regulation. Stocks that are at your full disposal under leasing contracts may not be transferred or leased to third parties.
Also, you will have access to regasification, transport and storage of natural gas facilities and organised gas market in the terms established in this law and its implementing regulations for other subjects acting in the market.
Any provision of strategic stocks by the Corporation shall require prior authorization from the Ministry of industry, energy and tourism and must be carried out at a price equal to the weighted average cost of acquisition or the market, if it is over, exceptions determined by regulation. Also, Corporation posted their stocks to the weighted average cost of acquisition since the creation of the same.»
«9. regulations by the Government is develop the functions of the Corporation and is will establish its organization and regime of operation.» Administration bodies will be sufficiently represented the operators to the by greater than that referred to in articles 42 and 45 of the present law and natural gas marketers regulated in article 58 of this law, as well as representatives of the Ministry of industry, energy and tourism, which will be appointed among public employees with experience in the energy sector.
Them representatives of them subject forced indicated in the paragraph previous will be members of the Corporation, will form part of its Assembly and its vote in she is graduate depending on the volume of their contribution financial annual.
The President of the Corporation and the part of the members of its Board of Directors to be determined according to the rules, shall be designated by the Minister of industry, energy and tourism. The owner of said Department may impose its veto to those agreements of the Corporation who violates the provisions of this law and provisions of development.»
Article 3. Modification of the title IV of the law 34/1998, of October 7, the hydrocarbons Sector.
The title IV of the law 34 / 1998, of 7 of October, of the Sector of hydrocarbons, is modified as follows: one. The last subparagraph of paragraph 1 of article 54 shall be deleted.
Two. (Amending paragraph (f)) of article 58 and added new paragraph g) with the following wording: «f) the Corporation's strategic reserves of petroleum products, which will be the entity that aims at the Constitution, maintenance, and management of stocks of strategic nature of natural gas in the part to be determined by regulation.
(g) the operator of organised gas market in accordance with article 65 ter of this law and the conditions established by law."
Three. (Is adds a new paragraph e) to the paragraph 1 of the article 61 with the following wording: «(e) it Corporation of reserves strategic of products oil for its function of Constitution, maintenance and management of them stock of character strategic of gas natural.»
Four. Added four new paragraphs s), t), u), and v) to paragraph 3 of article 64 read as follows: «s) provide information which it may require for the exercise of its function of maintaining stocks of strategic nature of natural gas to the Corporation's strategic reserves of petroleum products.»
(t) performed in coordination with the operator of organised gas market functions according to the rules assigned to it to ensure the proper functioning of the market.
(u) assume the functions envisaged for the Manager of transportation network, including actions of balance, Regulation (EU) No. 312/2014, from the Commission of 26 March 2014, by which establishes the network about the balance of the gas code in transport networks.
(v) acquire or sell on the organized market of gas referred to article 65 bis of this law, the gas necessary for the exercise of its functions and in particular the acquisitions and sales of gas to keep the system in balance in accordance with applicable operations.»
5. Chapter III of title IV renamed «Technical system organised gas market and natural gas management» and added a new article 65 bis with the following wording: «article 65 bis.» Market organized of gas.
1. to them effects of this law is understands by market organized of gas the integrated by transactions of purchase and sale of gas natural in the point virtual of balance of the system of transport and distribution, through the procurement to short term with delivers physical of gas. The recruitment to short term will include at least, products with a horizon of delivery up to the last day of the month following.
He market organized will integrate also the transactions of purchase and sale of gas u other transactions that regulations is determined.
The recruitment in the market organized is held of form anonymous, free and voluntary, in them terms provided in the present law and in its normative of development.
Regulations by the Government shall be governed subjects who may act in this market, the conditions under which they may do so, the characteristics of the products to negotiate, the virtual point of balance of the system of transport and distribution, and the information that you must communicate to the market operator and the technical manager of the system, for the purposes of ensuring the proper operation of the gas system.
This market is constitutes as "platform of trade", according to is defined in the article 10 of the Regulation (EU) of the Commission no. 312 / 2014, of 26 of March of 2014, by which is establishes a code of network on the balance of gas in them networks of transport.
2 in any case may act on the organized market of gas following subjects: to) the operator of an organised gas market which will be the company responsible for the management of the system of offers of purchase and sale of gas in the organized market of natural gas.
(b) marketers and direct consumers in market that can participate through the presentation of offers of purchase and sale of gas.
(c) the manager system technician.
(d) carriers and distributors.
(e) the Corporation's reserves strategic of products oil.
(f) any other subject that perform operations of buy sale of gas with the rest of the participants of the market without access to facilities of third.
In this case the balance of said subject at the end of the period of balance must be equal to zero. These subject not will need to have category of marketer whenever met them requirements that regulations are established for the participation in the market. Such agents will limit all your activity to the sale of gas to the rest of them participants of the market.
The gas from which these agents are holders only may be used for the object of purchase sale mentioned and in no event may be subject to transfer, or lease with marketers for the fulfilment of the obligations of maintenance of safety stock.»
6. Added a new article 65 ter worded as follows: «article 65 ter. Operator of the organized market of gas.
1. the operator of an organised gas market assumes the management of the system of offers of purchase and sale of natural gas in the natural gas market in the terms and with functions according to the rules established.
In any case, the market operator shall: a) the reception of offers of sale and purchase issued by different subjects who participate in the organized market. The market operator will publish in the hiring of the market platform prices and the volume of offers of sale and purchase, on an anonymous basis.
(b) the receipt of guarantees, where applicable, proceed. The management of these guarantees can be done directly or through authorised third parties.
(c) the appeal and determination of the prices of the different products resulting from the Cassation in the organized market.
(d) the communication to stakeholders of the results of the appeal of bids.
(e) the publication of prices and volumes traded each of the products.
(f) the liquidation and communication of the receipts and payments, directly or through a third party.
(g) of compliance with the regulations applicable the communication to the Manager technical of the system of them operations made by them different subject that participate in the market organized.
(h) report publicly on the evolution of the market with the periodicity to be determined.
(i) perform any other functions that according to the rules you are assigned.
The market operator shall exercise their functions in the Spanish gas system, respecting the principles of transparency, objectivity, non-discrimination and independence.
2 it will act as operator of the organized market of gas a company whose shareholders any natural or legal person may be part.
The sum of direct investments in the capital of this company of the Iberian market operator of energy, Polo Spanish, S.A., and where appropriate, the operator do Mercado Ibérico (Portugal), SGPS, S.A. shall be equal to 30 per cent. He weight relative of the participation of these companies in the operator of the market organized of gas will be of 2 / 3 and 1 / 3 respectively.
In the case of the technical managers of the Spanish and Portuguese gas systems, the sum of direct investments in the capital of this company will be 20 percent. The relative weight of the participation of both companies in the organized market of gas operator will be 2/3 and 1/3 respectively.
For them subject that perform activities in the sector energy, the sum of the shares direct or indirect in the capital of this society not may overcome the 3 percent. Also the sum of shares of these subjects shall not exceed 30 per cent, and can not organize these actions to no effect.
In the case of the rest of the subjects involved in the society, their direct or indirect participation will be limited to a maximum of 5 per cent so that it does not have a relevant impact or significant influence in the development of the activities of the society.
In the event that any person physical or legal put of manifesto to it society commercial that acts as operator of the market its will of participate in the capital of such society, the request is rise to it Board General of shareholders together with the accreditation of the applicant of perform or not activities in the sector of the gas natural.
The General Board shall accept the request by a number of maximum of participation equivalent to the average of shares existing in the kind of shareholder that shall correspond to the petitioner, being made effective through one or several of the following: to) the will of sale by the society or by any of its shareholders of the corresponding actions manifested in the General meeting.
(b) the enlargement of capital of the society by the emission of new actions whenever is respect the limit of the 30 percent that can be subscribed by subject that perform activities in the sector energy.
When them seekers of participation in the capital of the operator of the market organized of gas carried out activities in the sector energy, in order respect the percentage mentioned, is may agree an enlargement of capital top to it necessary, whenever is manifest in it together General it will of subscription of those actions by any of them shareholders that not exercise activities gas.
In any case, the right of pre-emption of shareholders on shares that are issued to respond to new requests of participation is excluded.
3. the remuneration of the organized market of gas operator will be assumed by all the agents who operate in the market under the conditions established by order of the Minister of industry, energy and tourism.»
7. A second subparagraph shall be added to paragraph 1 of article 70, amending article 70. 2 and is adds a second paragraph in the article 70.4 that are drafted in the following terms: ' 1. (...)»
They must also allow the use of these facilities to the Corporation's strategic reserves of petroleum products, in the exercise of its function of Constitution, maintenance and management of the strategic nature of natural gas stocks.
2. regulations by the Government shall be governed the conditions of third-party access to facilities, obligations and rights of holders of third-party access-related facilities, as well as those of direct market consumers, marketers, the Corporation's strategic reserves of petroleum products and the technical manager of the system. Also will define the minimum content of contracts and, where appropriate, the conditions of operation of the secondary market for capacity shall be governed."
«It access to the network from the Corporation of reserves strategic of products oil not may limit is or deny is, and in all case will be preferential. with regard to the of them others subject, in situations of emergency and in execution of them measures that to them same in each case approve the Government.»
8. Two new paragraphs are added to paragraph 1 of article 73 with the following compositions: «1. (...)»
Also, will be also considered distributing satellite plants of liquefied natural gas to a distribution network feed.
«Also, will have the consideration of facilities of distribution the facilities of connection between the network of transport and distribution in them terms and conditions that regulations is determined.»
Nine. Modifies paragraph p) of paragraph 1 of article 74 which is worded as follows: 'p) communicate to the users connected to your network, with the periodicity and under the conditions defined by law, the need for the inspection of reception facilities.
Such communication will inform users of the ability to perform this inspection with any enabled natural gas installation company.
If within the period and in the manner in which it is determined there is a communication to the company concerning the realization of inspection by an enabled natural gas installation company, the company shall be obliged to perform the inspection.
Regulations will establish procedures and effects have not transmitted the corresponding certificate to the distribution company.»
10. Paragraph 1 of article 80 happens to have the following wording: «1. marketers of natural gas shall comply with the requirements established by law, among which is included the sufficient technical capacity of the applicant. " The companies distributors must submit them guarantees that are enforceable.
Always must be communicated to the competent authority and, in any case, the Ministry of industry, energy and tourism, at the same time shall communicate it to the National Commission of markets and competition and the Corporation's strategic reserves of petroleum products the onset or cessation of the activity, accompanying the communication of a statement that is responsible for the compliance of the requirements to that referred to in the preceding paragraph.
Along with the aforementioned communication of initiation of activity, marketers of natural gas shall send to the Ministry of industry, energy and tourism a sales forecast for the first year of activity broken down between strong sales to final consumer, sales interruptible to final consumer and other sales.
Natural gas marketers must prove compliance with these requirements when required them the competent administration, the Ministry of industry, energy and tourism or by the National Commission of markets and competition.
Any act involving modification of any of the data contained in the original statement must be communicated by the person concerned, within a maximum period of one month from the date thereof.
In the case of authorized companies to market natural gas in a member country of the European Union that there is a mutual recognition of natural gas marketing license agreement is sufficient communication of onset or cessation of activity, without prejudice to the Constitution of the economic guarantees that are necessary in the hiring of access to facilities.»
Eleven. Is adds a second paragraph in the paragraph 1 of the article 87 is drafted in the following terms: ' 1. (...)»
The performances of inspection must conclude in a term of twelve months counted from the date of notification of your home to the interested. Is means that the performances end in the date in that is notified the Act in that is document its conclusion and result. «Regulations may determine are those alleged of suspension of the term indicated.»
12. Paragraph 1 of article 91 happens to have the following wording: «1. activities for the supply of gaseous fuels will be economically paid in the manner provided for in this law charged to last resort tariffs, tolls and fees to be determined by the Government, and paid prices.»
Notwithstanding the above, the connections of the deposits of natural gas transportation facilities will be paid for by the holder of the concession for the exploitation of the deposit and will not be included among the costs of the gas system".
13. Add a second paragraph in article 92.5 is worded as follows: «5. (...)»
The Government will establish the structure and conditions of application of the tolls and fees for access to the gas facilities.»
Fourteen. The article 98 passes to have the following wording: «article 98.» Security of supply.
1. marketers of natural gas will be required to have a minimum stock of security that will be expressed in equivalent days of strong sales to final consumers in Spanish territory.
Them consumers direct in market, will be forced to have of a stock minimum of security that will come expressed in days equivalent of their consumptions firm in the part not supplied by a marketer.
2. this obligation may be fulfilled by the subject bound with gas from their property or renting and hiring, where appropriate, the corresponding storage services. The Government will determine depending on the availability of the system the number of days equivalent of stock minimum of safety.
3. regulations will determine the part of stock minimum of security that will be strategic and which will be operational, as well as the form in which they may compute and subjects responsible for the Constitution, maintenance, and management.
The Constitution, maintenance and management of them stock minimum of security of character strategic may be led to held by the Corporation to is concerns the article 52 in them conditions and proportions that is established regulations.
Minimum security stocks will remain the basic storage and in the proportions determined by regulation, without prejudice to provisions of article 78.4 of the present law.
4. It enables the Minister of industry, energy and tourism to establish the form and the conditions in which subjects bound in Spain and where the Corporation's strategic reserves of petroleum products can fulfill its obligation by building up stocks in Member States of the European Union. «Also, may determine the form and the conditions in which them subject forced in such countries may constitute stock minimum of security in territory Spanish.»
Article 4. Modification of the title V of law 34/1998, of October 7, the hydrocarbons Sector.
Title V of the law 34/1998, of October 7, the hydrocarbons Sector, is to be re-worded as follows: one. Is modifies the article 107.4 and is adds the paragraph 5 in the article 107 with them following newsrooms: «(4. the condition to farms particular derived of the construction of them installations gas and them pipelines is shall state in the following form: to) expropriation forced of them land on which is have of build them facilities fixed in surface.»
(b) for pipes and pipelines communications cable: 1 imposition of a permanent easement of passage, a strip of land up to four (4) metres, two on each side of the shaft, which will be made in the resolution of authorization, along the pipeline where it will run buried tubing or piping required for driving. This servitude that is sets, will be subject to them following limitations of domain: i. Prohibition of make works of arada or similar to a depth upper to fifty centimeters, as well as of planting trees or shrubs of stem high, to a distance lower to two meters, to count from the axis of the pipe or pipes.
II. Prohibition of any works, construction, building, or to carry out any act that may damage or disrupt the smooth functioning of installations, the axis of the route less than ten metres away (10 m), on one side of the same. This distance can reduce is provided that is request expressly and is meet them conditions that, in each case, set the organ competent of the Administration public.
III. to allow free access for the staff and equipment necessary to monitor, maintain, repair or renovate facilities with payment, where applicable, of the damage caused.
IV. possibility to install the landmarks signaling or delimitation and ventilation pipes, as well as to the surface or underground works that are necessary for the implementation or operation of facilities.
2. temporary occupation of the land required for the execution of the works of the Strip that will reflect, for each farm, in the allotment plans of expropriation. In this area is will make disappear, temporarily, all obstacle and is will be them works necessary for the laying and installation of the pipeline and elements annexes, running them works and operations precise to such purposes.
5. conditions and limitations that must be imposed in each case for reasons of safety, may be amended in accordance with the regulations and technical standards that are handed down to the effects."
Article 5. Modification of the title VI of the law 34 / 1998, of 7 of October, in the Sector of hydrocarbons.
Title VI of the law 34/1998, of October 7, the hydrocarbons Sector, is to be re-worded as follows: one. Paragraphs are modified to), i), k), ab), ad) and added new numbered paragraphs in the ae) to the bf) in paragraph 1 of article 109, with the following compositions: "to) the implementation of activities included in the scope of application of this law or the construction, expansion, exploitation or modification of facilities affected to them without the necessary concession administrative authorization, responsible statement, communication or registration in the corresponding registry when appropriate or non-compliance of the contents, requirements and conditions of them when manifest danger to persons or property or the environment environment.»
«i) lack of communication to the Ministry of industry, energy and tourism or non-compliance with the conditions or obligations set forth in the course of the taking of shareholdings in companies, in the terms provided in the additional provision ninth of law 3/2013, June 4, of creation of the National Commission of markets and competition.»
«(k) the refusal to supply gas by pipeline or LPG packaging to consumer contract rate or prices regulated in accordance with titles III and IV of this law and provisions of development.»
«(ab) (the breach from the operator of the market organized of gas of the functions to is refer them paragraphs c) (and d) of the article 65 ter.1, in them terms expected in the present law and its regulations of development, when of this made is derive prejudice for the system or them others subject.»
«(ad) the breach of the obligation of supply House of LPG packaging.»
AE) failure to comply with the limitations established in terms of the participation at stake in ENAGAS, S.A. as well as the lack of communication defined in article 63 bis.2 of any circumstance that may affect compliance with the requirements established for the companies certified as managers of the transport network.
AF) default reiterated by the subjects of the system of obligations of information or communication to other subjects of the system, as well as no remission of repeated form of information in the form and term that is enforceable.
AG) the inaccuracy or falsity in any data, demonstration or document that is presented to the public administration, as well as their no-show in form and term, the object definition or perception of the remuneration regime of compensation regulated activities, always this has an impact on the cost of the system that exceeds 5 per cent of the regulated annual remuneration of the subject.
(ah) the resistance, obstruction, excuse or negative to them performances inspectors that have been agreed in each case by the Administration public competent, included the Commission national of them markets and the competition, and the Corporation of reserves strategic of products oil.
(ai) the breach from them forced to this by the normative force of them obligations of preserve the measures established in application of it planned in the article 101 by who made any of them activities in she regulated.
AJ) the default by the forced to do so by the regulations of the obligations to preserve and manage the access to the information that is confidential.
AK) non-compliance with the requirements laid down in the applicable regulations for entitlement to the perception of the remuneration scheme for activity with regulated remuneration, unless expressly had categorized as serious.
(to the) failure by policy-makers of the point of measurement of the obligation to provide equipment for measurement and control and other devices which by law have been established, so to prevent or alter the correct metering and billing, or when such failure comporte danger or damage serious to people, property or the environment; as well as the denial or obstruction of access to reading charge, verifiers or bodies approved by the competent public administration to carry out the reading, or verification of the equipment.
(am) the breach from them forced to this of the normative existing relative to the installation of them teams of measure, and others devices of treatment of the information and communication necessary for the correct operation of the system of measures, as well as the breach of them criteria of safety and of privacy that is established regulations.
an) failure to comply with repeated part of the forced to do so by the regulations of the realization of the processes of high, reading and treatment measures and exchanges of information, as well as submitting the information or, in its case, making it available to recipients who are required to refer to the terms in the time and form established by law.
an) the inaccuracy or distortion of information submitted as part of the forced to do so by the regulations in force, when it derives a significant increase in the cost of the system or a significant reduction of incomes of the same.
(ao) the breach continued, from them forced to this of conformity with the normative force, of its obligation of manage them checks of them teams of measure.
AP) any handling equipment of measure or facilities or the non-provision of devices necessary, aimed to alter the measurement of quantities supplied or consumed or any of the concepts that are the basis for the billing of supplied or consumed energy.
AQ) the denial or alteration unjustified permit connection to a point of the network. Shall be considered that the refusal is unjustified when not obey as provided in this law and the implementing rules adopted by the Government.
AR) the establishment of other mechanisms other than those provided for in this law and the implementing rules adopted by the Government for the granting of permits and access or prioritization in granting them.
(as) the granting of permissions of access or of permissions of connection when not is available of the capacity required in accordance with the conditions and criteria established regulations by the Government.
at) non-compliance with the limits in terms of participation in the ownership of the organized market of gas operator provided for in article 65 of this Act ter.2.
(au) the breach from them companies distributors or carriers of its obligation of perform them rush and the connection of new supplies or enlargement of them existing that is them raised in them areas in that operate, when thus is callable of conformity with the normative of application.
AV) breach by the distribution companies or the companies apply adequate measures of protection to the consumer, in the terms provided for in this law and its implementing regulations, when in fact this arises a financial loss for affected individuals.
AW) breach by the distributors, marketers of the legal, technical and economic capacity requirements laid down in this law and its implementing regulations.
(ax) it not formalization of those contracts of supply and access to networks from them subject forced to it according to the normative in force.
Ay) any other action in the supply or consumption of natural gas, which has a percentage change of the reality of the supplied or consumed greater than 15 percent and, at the same time, excess of 300.000 euros.
AZ) breach by the distributors of the obligations in the exercise of its function, unless expressly had categorized as serious.
(ba) the breach from them operators dominant of the restrictions imposed in the normative force.
BB) inaccuracy, misrepresentation or omission in any data or manifestation of essential character, the compliance of the requirements identified in the responsible declaration or communication provided by stakeholders.
(bc) exercise the activity of company installer of gas or of installer of gas without the corresponding authorization administrative or meat of Installer according to the normative current when suppose a risk for the security of them people or goods.
BD) do not install or tamper with devices from fiscal measurement of hydrocarbons produced in hydrocarbon exploration.
(be) the breach of the limitations and obligations imposed in the article 43 bis.1.
BF) grabbing and substantially lower capacity utilization of fixed installations for storage and transportation of petroleum products which, in accordance with article 41 of this law, must allow access by third parties."
Two. Suppresses paragraph t), amending and is renumeran paragraphs u) and v) which become the t) and u), becomes paragraph w) that becomes v), and added new paragraphs of the w) Al an) article 110, with the following compositions: «t) breach by the distribution companies and distributors of natural gas from the obligations of maintenance and proper functioning of a complaints service» , claims, incidences in relation to the contract or service offered, requests for information on aspects relating to contracting and supply that includes a service call and phone number both free as well as of the measures of protection to the consumer in accordance with provisions of this law and its implementing regulations.
(u) the breach from them subject forced of the regulations and decisions of the Union European that them are of application in the sector of hydrocarbons. In particular any infringement by manipulation or attempted manipulation of the market, use of privileged or lack of dissemination of insider information, according to the provisions of the EU Regulation No. 1227 / 2001 of 25 October 2011, on integrity and transparency in the wholesale market of energy or in the development of the regulations, as well as any offence for breach of the Regulation No. 715/2009 «, of 13 of July of 2009, on the conditions of access to the networks of transport of gas natural and its normative of development.»
"(w) breach by the operator on the organized market of gas functions and obligations that are incumbent upon it in accordance with article 65.ter.1 and its implementing regulations, unless he expressly considered as very serious.
(x) the inaccuracy or falsity in any data, demonstration or document that is presented to the public administration, as well as their no-show in form and term, the object definition or perception of the remuneration regime of compensation regulated activities, it has an impact on the cost of the system that is between 1 and 5 per cent of the annual remuneration of the subject.
(and) the breach of the measures of safety, even when not pose danger manifest for them goods.
(z) the breach by part of the forced to do so by the regulations of the realization of the processes of high, reading and treatment measures and exchanges of information, as well as the submission of the information or, in its case, making it available to recipients who are required to refer to the terms in the time and form established by law.
(aa) the breach, from them forced to this of conformity with the normative existing, of its obligation of manage them checks of them teams of measurement, when not had been typified as violation very serious.
AB) breach by the obligors to it in accordance with regulations in force, the requirements relating to the quality of the service or the quality and continuity of service conditions.
AC) the unjustified delay in the commencement of the provision of the service to new users.
ad) the breach, by distributors or retailers, the obligations to maintain a database of all supply points connected to their networks and networks of transport in your area, allow access to it, as well as provide the necessary computer systems allowing the consultation of the data of the register of sites of delivery and receipt and computer validation of requests and communications with consumers and marketers of power.
AE) the repeated and unjustified breach of deadlines and content established for the communications with any of the subjects who should intervene in the change of supplier or changes of the terms of the contracts.
AF) repeated failure by the marketers of the requirements established for the formalization of contracts for the supply of natural gas, as well as the conditions of engagement and empowerment with customers.
AG) the creation of information and confusion in the presentation of the brand and brand image of the distribution companies and the reference marketing companies that are part of a group of companies that develop activities regulated and free in the terms provided in this Act, with respect to the identity of the subsidiaries of the same group engaged in marketing activities.
Ah) the breach by part of distributors, or resellers of its obligations and requirements determined by the regulations in force to exercise the activity, unless expressly had categorized as serious or as mild.
(ai) the breach from the distributors or of them marketers of your obligation of put in practice them programs of management of the demand approved by the Administration public.
AJ) the realization, by anyone else, for acts involving a breach of the limits to the domain or an invasion of the permanent easement of passage imposed for pipeline of hydrocarbons, in accordance with the provisions of article 107, paragraph 4 point (b) both the affected land owners) that prevent or obstruct the free access of the personnel and equipment necessary to be able to monitor maintain, repair or renovate facilities.
In particular and without character limited, is considered acts illicit the plantation of Woody in the strip of bonded permanent of step, the construction of buildings to a distance lower to the established without count with the authorization planned in the article 107 of this law; the removal of landmarks of signalling and/or ventilation tubes or the realization of any act that may affect the safety of persons or facilities.
AK) carry on the business of installation company of gas or gas fitter without the corresponding administrative authorization or meat of Installer according to current regulations.
(to the) the inaccuracy, falsehood u omission in any data or manifestation, of character not essential, on the compliance of them requirements required designated in the statement responsible or the communication provided by them interested.
am) the breach of the obligation of payment to the holders of the land overlying, operators of concessions of exploitation forced to do so.
(an) the breach from them operators to the by more of them limits in relation to the number of stations of service and to them links of supply in exclusive in them areas geographic in which is exceed the quotas of market established legally.
«an) any practice of operators to the wholesale that go to determine directly or indirectly the sale price of the fuel to service stations, where it does not have very serious consideration.»
Three. The article 111 is worded as follows: «article 111.» Minor offences.
(Are infractions mild: to) the breach from them subject forced to this of their obligations in relation to the formalization of them contracts of supply when not have consideration of violation serious or very serious.
(b) failure to comply with the obligations deriving from the technical management of the system standards that have no consideration of violation very serious or serious in accordance with articles 109 and 110 when such failure not gas resulting prejudice to the functioning of the system.
(c) the unjustified breach the deadlines for communications with marketers and customers and to carry out the change of supplier, as well as for any modification of the terms of the contracts.
(d) the breach by marketers of engagement and empowerment with customers requirements.
(e) the breach from the marketers and distributors of any requirement of information enforceable in their bills.
(f) the irregular application of prices, rates or tolls and fees of the regulated in this law or the provisions of the same development, so that there is an alteration in the price, when it has no consideration of serious or very serious violation.
(g) the inaccuracy or falsity in any data, demonstration or document that is presented to the public administration, as well as his presentation in form and term, the object definition or perception of the regime of remuneration of regulated compensation activities, it has an impact on the cost of the system not to exceed 1 per cent of the annual of the subject regulated remuneration.
«(h) the breach of the limitations of use established in them land affected by the construction of installations for the production, transport or supply of hydrocarbons.»
Four. Add a new paragraph 7 in article 113 with the following wording: "7. for the purposes of this Act, it shall be deemed that a breach is repeated when within the year immediately prior to their Commission the subject had been sanctioned by a firm administrative resolution pursuant to the same offence."
5. Article 114 happens to have the following wording: «article 114. Fines enforcement.
To ensure compliance with resolutions or information requirements dictate, the Ministry of industry, energy and tourism or the National Commission of markets and competition may impose periodic penalty payments for daily amount of 100 to 10,000 euros, in the terms provided in the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
The amount of the fines shall be fixed according to the following criteria: a) the hazards resulting from the infringement for the life and health of people, the security of things and the environment.
(b) the importance of the damage or damage caused.
(c) the damages caused on the continuity and regularity of supply.
(d) the economic damages.
The periodic penalty payments shall be independent of the sanctions that may be imposed and compatible with them.
The amount of the periodic penalty payments provided for in this provision will enter into the public Treasury."
6. Paragraph 2 of article 115 is worded in the following terms: "2. the deadline to resolve and report on the proceedings for administrative offences classified under this law shall be eighteen months on records by serious and very serious offences, and nine months when brought for minor infractions." After this term without express resolution, Director-General for the Secretary of State for energy, or where applicable the organ of the National Commission of markets and competition that have attributed such competition, will declare the forfeiture of the procedure and will order the file of the proceedings, with the effects provided for in article 92 of law 30/1992 «, November 26.»
7. Article 116 is worded as follows: «article 116. Powers to impose sanctions.
1 in the context of the General Administration of the State competition for the imposition of sanctions to offences shall be: to) the Council of Ministers for the imposition of penalties for the Commission of serious offences.
(b) to the holder of the Ministry of industry, energy and tourism for the imposition of penalties for the Commission of serious offences.
(c) to the holder of the Directorate-General for energy and mines of the State Office of energy for the imposition of penalties for the Commission of minor offences.
2. at the level of the autonomous communities, it will be as provided in its own regulations.
3 the National Commission of markets and competition, in the field of its competences, shall be competent to impose penalties for the Commission of the following administrative: to) the classified as very serious in paragraphs: d), g), h), j), k), l), q), r), u), v), w), z), ab), ac), ae), af), ah), aq), ar), ACE), en), au), av) ((((, ax), ay), az) and ba) of article 109.
(((((((((((((((((((b) them classified as serious to is makes reference in the paragraph earlier when, by them circumstances concurrent, not may qualify is as very serious and, in particular, them typed in them paragraphs c), d), f), k), l), m), n), or), p), s), t), u), v), w), ad), ae), af) and ag) of the article 110.
«((((((c) them classified as mild in those paragraphs to), b), c), d), and e) of the article 111.»
Article 6. Other modifications in the law 34 / 1998, of 7 of October, in the Sector of hydrocarbons.
The law 34 / 1998, of 7 of October, in the Sector of hydrocarbons, is modified as follows: one. Is modifies the available additional thirty second in them following terms: «ENAGAS, S.A. not may perform through them subsidiaries to which is refers the available additional thirty first activities different of it management technical of the system, the transport and the management of the network of transport.» Similarly those subsidiaries regulated not may acquire shares in companies with different social object, all without prejudice to the provisions of article 65.ter of this law.»
Two. Adds an additional provision thirty fourth with the following wording: «thirty fourth additional provision. Liquidity of the gas market.
The Government and the Minister of industry, energy and Tourism shall take, in the field of their respective competencies, necessary measures aimed at ensuring the liquidity of the gas market.
The National Commission of markets and competition will annually publish a report which is parsed and included recommendations in relation to the level of liquidity, transparency and the level of competition in the organized market of gas. If there are no operators willing to generate the liquidity on a voluntary basis in the market, or consider that their contribution is insufficient, the Government may force marketers of natural gas who have the qualification of key operators, pursuant to the third additional provision of the Royal Decree-Law 6/2000 of 23 June , on urgent measures for intensification of competition in markets for goods and services, to submit bids for purchase and sale of gas, for a given volume, the quoted market with a differential.
The National Commission of markets and competition will propose to the Ministry of industry, energy and tourism, to the product under consideration, a methodology for the calculation of the differential as well as volume to offer. «Such methodology shall be approved by resolution of the Ministry of energy.»
Three. Add an additional thirty-fifth provision with the following wording: «thirty-fifth additional provision. Information on service stations.
Without prejudice to the provisions of article 44 of this law, the registration of distribution facilities information to the retail of the Ministry of industry, energy and tourism will be completed with the information provided for in the order ITC/2308/2007, of July 25, which determines the form of submitting information to the Ministry of industry Tourism and trade activities of supply of petroleum products.»
Four. Add an additional thirty-sixth provision with the following content: «thirty-sixth additional provision. Settlement final.
The final liquidation of the income and costs of the gas system of each year, from the corresponding to the year 2015, must be carried out prior to December 1 of the year following which appropriate.»
TITLE II measures in relation to the exploration, research and production of hydrocarbons CHAPTER I provisions general article 7. Incentives for the autonomous communities and local entities that develop activities of exploration, investigation and exploitation of hydrocarbons.
The General State budgets, in accordance with existing financial availabilities, establish endowments destined for the autonomous communities and local entities in whose territories to develop activities of exploration, research and exploitation of deposits of hydrocarbons which constitute the taxable tax on the value of the extraction of gas, oil and condensate and rates third and fourth of the canon of surface regulated in this law.
The amount, distribution and other aspects is be regulated of conformity with it established in the law 38 / 2003, of 17 of November, General of grants.
Article 8. Measurement of hydrocarbon extraction devices.
1. the dealers will be forced to the installation of devices of measurement of the extraction of hydrocarbons. The public administration may require access real-time readings of such devices that will enable the telemetry.
By order of the Minister of industry, energy and tourism is may define the location, technical, operational and logistical characteristics that must comply with such devices, as well as requirements that must comply with the measurements taken by the same registry.
2. Likewise, the public administration may proceed to the taking of samples and may require the establishment of schemes for systematic analysis of the properties of the extracted hydrocarbons will be used to determine and update their prices of reference, conversion factors or many other purposes relevant for the proper application of the provisions of this title.
CHAPTER II tax on the value of the extraction of oil, gas and condensate article 9. Nature.
The tax on the value of the extraction of Gas, oil and condensate is a tribute of directness and real nature that taxed the value of public domain gas products, oil and condensates in the scope of the tax, once performed the first purification and separation of the same treatment.
Article 10. Target field.
Liquid and gaseous hydrocarbons regulated in law 34/1998, of October 7, the hydrocarbons Sector constitutes the objective scope of this tax.
Article 11. Field land.
1. the tax shall apply throughout the Spanish territory. For this purpose, the subsoil of the territorial sea, exclusive economic zone, continental shelf and other seabed that are under national sovereignty means included in the Spanish territory.
2. the provisions of the preceding paragraph shall be without prejudice of the FORAL tax regimes of concert and economic agreement in force, respectively, in the territories of the Basque country and in the region of Navarre.
Article 12. Treaties and conventions.
The provisions of this law shall be without prejudice to treaties and international agreements that have become a part of the internal order, in accordance with article 96 of the Spanish Constitution.
Article 13. Made taxable.
1 constitutes taxable extraction in the Spanish territory of gas, oil and condensates in the concessions of exploitation of deposits of hydrocarbons to which the title refers II of law 34/1998, of October 7, the hydrocarbons Sector.
2. in regard to the concepts and terms with own substantivity that appear in this chapter, except those defined in it, it will be provisions in the rules of the State hydrocarbons sector.
Article 14. Taxpayers.
The taxpayers are legal persons and entities carrying out activities referred to in the preceding article.
Article 15. Tax base.
1. the tax base of tax will be made up by the value of the extraction of gas, oil and condensates.
Value of extracting the sum of the value of the products covered by objective means tax that have been extracted during the tax period after completion of the first treatment of purification and separation.
The amount of gas, oil and condensates will be determined according to the volume measured in the measuring devices of extraction of hydrocarbons to which article 8 refers. This measurement is will correspond with the volume total in head of well, discounting in the amounts of water, CO2 and other substances outside that are retired within the process of debugging and separation that is led to out by the own operator.
To these effects, the value of the extraction is calculated by applying to the price of reference approved through order of the Minister of industry, energy and tourism, the volume total of product extracted. (Said volume is expressed: to) oil and condensates: in barrels of oil whose capacity and conditions of measurement is determined in the cited order.
(b) Gas natural: in meters cubic, measured at zero degrees Celsius of temperature and a bar of pressure.
The price of reference of each product will be the result of calculate the average arithmetic of them prices of them twelve months in each period tax. Such prices monthly is calculated taking as reference the quote of each product in those markets more representative.
In addition, this order will include conversion factors that are timely and those other particulars deemed necessary for the proper application of the provisions of this article.
2. the tax base defined in the preceding paragraph shall be determined for each grant of exploitation in which the activities referred to in article 13.
Article 16. Tax period and accrual.
1. the tax period will coincide with the calendar year, except in the event of cessation of the exercise of the activity of the granting of exploitation, in which case will end the day that produced such cessation is understood.
2. the tax is accrued the last day of the tax period.
Article 17. Scale of assessment.
1. when production is oil and condensates, tax shall be required according to the following scale of assessment: barrels extracted in tax period exploitation on land exploitation rate up to 365,000 marina 2 until 3.650.000 365.001% 1% 6% 5% more 3.650.000 8% 7% 2. In the case of gas, the tax shall be required according to the following scale of assessment: volume extracted tax period tax rate exploitation marine exploitation in conventional conventional not conventional land up to 32.850.000 m3 1% 3% 1% of 32.850.000 up to 164.250.000 m3 3% 4%
3% over 164.250.000 m3 4% 5% 4% for this purpose, be understood as non-conventional extraction that requires the prior application of high volume hydraulic fracturing techniques, consisting of injection into a well of 1,000 m3 or more water per phase of fracturing, or 10,000 m3 or more water during the whole process of fracturing and as conventional , that that is done through the use of the remaining technical.
Article 18. Total tax.
The full fee is the amount resulting from applying to taxable assessment scale established in the preceding article.
Article 19. Settlement and payment.
1. taxpayers are obliged to self-assessment tax and enter the fee in the first 20 days of the month of April of the year after the accrual of the tax, in accordance with the standards and models provided by the Minister of finance and public administration.
2. inside of the first 20 calendar days in the month of October of the year of the accrual of the tax taxpayers must make a payment instalments to the settlement account for the tax period in progress, in accordance with the standards and models provided by the Minister of finance and public administration.
The base for calculate the payment fractional is determined depending on the value of the extraction during them six first months of each year natural, applying them standards established in the article 15 for determine said value and the price of reference that, to these effects, is approve by order of the Minister of industry, energy and tourism.
The price tag of each product will be the result of calculating the arithmetic mean of the prices for the first six months of the year. These monthly prices shall be calculated by reference to the price of each product in the most representative markets.
The amount of the payment will be the result of applying to the basis provided for in the preceding paragraph the appropriate scale of assessment contained in article 17.
Article 20. Offences and penalties.
Concerning the present tax tax violations will be qualified and sanctioned in accordance with the provisions in the law 58/2003, of December 17, General tax.
CHAPTER III Canon of surface article 21. Canon of surface.
1. the canon of surface is a rate that gravel rights of exclusive use or special use of the State public domain of hydrocarbons on the occasion of the granting of certain authorisations for exploration, research and exploitation concessions permits regulated in title II of law 34/1998, of October 7, the hydrocarbons Sector as well as the occupation of land, subsoil or seabed, drilling drilling and seismic data acquisition.
2. will be bound to the payment of this rate as contributing them holders of authorizations of exploration, permissions of research, concessions of exploitation.
3. This canon shall be governed by the provisions of this law and provisions of law 8/1989, of 13 April, fees and public prices, and other tax regulations that may apply.
4. in the case of ownership of research permits and concessions for the exploitation of hydrocarbons, a canon is required per hectare per year in accordance with the first and second rates, as appropriate: first rate: Euros research permits / has and year 1. During the validity of the permission 0,07631 2. During each extension 0,15262 second rate: exploration Euros / has and year 1. During the five first years 1,907752 2. During the following five years 5,341706 3. During the following five years 14,117364 4. During the following five years 17,551318 5. During the following five years 14,117364 6. During the following five years 7,249458 7. During the 5,341706 extensions 5. The first day of January of each calendar year, in terms of all permits or concessions existing at that date, and must be satisfied during the first quarter of the same, shall accrue in favour of the proprietor of the State public domain, on the canons of surface corresponding to the first and second rates specified above.
6. When research permits or concessions of exploitation are awarded after the first of January, in the year of the grant shall be paid as canon part of annual fees that proportion corresponds to the time that mediate from the date of the grant until the end of the calendar year. In these cases, the barrel will accrue the day of the granting of the permit or concession and will have to be fulfilled within the period of 90 days from this date.
7. equal criteria will be followed in the cases of extinction of the research and permits of concessions of exploitation, cannon that corresponds to the effective days of validity in that calendar year and must be paid.
8 drilling surveys of research or exploitation shall be subject to the payment of the fee in accordance with the third rate: third rate: drilling of boreholes in research permits and concessions of exploitation survey/Euros 1. 2 125,000 land probe. 600,000 9 marine survey. The acquisition of seismic data by exploration authorizations or permits research or exploration shall be subject to the payment of the fee in accordance with the fourth rate: rate fourth: acquisition of seismic campaigns in authorizations of exploration, research permits and concessions of exploitation amount 1. Campaign seismic 2D (€/ m) 0,3000 2. Campaign seismic 3D (€/ m2) 0,0003 10. The canons of the third and fourth rate shall accrue when they begin work to the seismic campaign or perforation of the probe that, unless proven otherwise, it shall presume started to the last of the acts of mandatory municipal control issuing, when this is placed in the national territory or the issuance of sectoral administrative authorization If it is located in the basement of the territorial sea, exclusive economic zone, continental shelf and other seabed that are under national sovereignty.
For these purposes, shall not be considered that a new survey to be drilled: to) when you drill one or more new boreholes in a terrestrial location where it had drilled a probe that had earned the rate during the previous two years.
Is means by location terrestrial the surface of the terrain, delimited of form clearly identifiable, both in them projects technical as in-situ, through closing that not allow the access of the public general, in which is have made works of conditioning and construction of work civil for the later installation of a tower of drilling and the remaining equipment auxiliary and of support , for the drilling of a probe and his subsequent abandonment temporary or definitive.
(b) when the drilling consist in a re-entry in a probe previously perforated for its reprofundizacion or drilling of new probes diverted from some point of the trajectory of the first.
(c) when the polls have a purpose different to the of research or exploitation, as is the case of them probes of takes of witnesses, of reinjection of fluids, of monitoring u others.
11. the management and collection of the rates is made by the Ministry of Hacienda and administrations public. It empowers the Minister of finance and public administration to establish the place and form of payment of this fee.
CHAPTER IV payment article 22 owners. Payments to the owners of the land overlying.
1. the holders of concessions for the exploitation of deposits of hydrocarbons, except from underground storages, are obliged to pay an annual amount to the owners of the land overlying within the perimeter of reference in accordance with what is established in law 34/1998, of October 7, the hydrocarbon Sector and other rules of application.
This obligation is established in the Royal Decree of granting of the concession for the exploitation to which refers article 25.2 of the law 34/1998, of October 7, the hydrocarbons Sector.
2 the annual amount payable to each owner will be obtained from the application of the following formula: where to) Qi is the amount payable annually to the owner «i», understanding as such which assumes the property at 31 December of the reference year as well as those others who, without such status, had been expropriated by the holders of the concession for the construction of the site and its facilities immediately affected; within these, will not be considered included works such as pipelines or power lines.
(b) QT is 1 per cent of the monetary of the quantity of oil extracted to be obtained from the application of the criteria of chapter II of title II.
(c) If is the surface of the plot ownership of the owner «i» and actually included within the perimeter of reference.
(d) ST is the total area included within the perimeter of reference as defined in each concession for the exploitation.
3. in the procedure of granting of the concession of exploitation is determined the owners of them land overlying beneficiaries of this payment. To these effects, the Administration General of the State is will lead to the organ competent in matter of management cadastral that you will supply them data relevant corresponding to such owners, that will be the consideration of interested in the referred procedure.
Granted the award them holders of the same, is will lead to them owners requiring them them data relevant for the effectiveness of the payment.
4. the calculation of the amount of hydrocarbon extracted in the corresponding calendar year shall be determined pursuant to the provisions of article 15.
Amounts resulting from the application of the formula of the second paragraph shall be paid by the operator to relevant owners before 1 June of the calendar year of reference. Previously, that will inform individually to these, unless, on the amount of the payment to make, the bases of calculation of the amount that les corresponds of form transparent and easily understandable as well as the existence of the procedure to makes reference the paragraph 6.
Amounts that had not been able to be credited in the corresponding term, shall be entered in the General deposit box until his final subscription to the corresponding owner or, where appropriate, transfer to the Treasury to extinguish the exploitation concession.
5. without prejudice to the provisions on penalties that may apply, non-payment of the payments referred to in this article, shall be deemed breach of the conditions of granting and may lead to the extinction of the concession for exploitation.
6. However it willing in those paragraphs earlier, the owner can give to this right notifying it to the Ministry of industry, energy and tourism.
7. by order of the Minister of industry, energy and tourism is will dictate the provisions necessary for the determination of the perimeters of reference which shall apply to the determination of payments to owners of land overlying.
Provision additional first.
All the provisions included in this law to the operator do Mercado Ibérico (Portugal), SGPS, S.A. or to the technical manager of the Portuguese gas system will be conditioned to what is available in a Convention or international agreement or the adoption by the Republic of Portugal of the regulations that allow its application to such entities.
Second additional provision. Underground storage pending payments.
For storage underground of character Basic that is include in the regime retributive during the year 2015, them amounts pending of recognize, earned during the period understood between the date of put in service provisional and the 31 of December of 2014, is included in the liquidation final of the exercise 2014.
Provision additional third. Effectiveness of article 8 of the Royal Decree-Law 13/2012 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.
Is without effect it established in the article 8 of the Real Decree-Law 13 / 2012, of 30 of March, by which is transpose directives in matter of markets interiors of electricity and gas and in matter of communications electronic, and by which is adopt measures for the correction of them deviations by mismatches between them costs and income of them sectors electric and gas.
Fourth additional provision. Operators exclusive contracts to the wholesale.
1. the operators to the wholesale petroleum products with a greater than 30 percent market share, will increase the number of facilities on property regime or by virtue of any other title that gives them direct or indirect management of the installation, not sign new contracts with distributors exclusive distribution to the retail that engage in the exploitation of the installation for the supply of fuels and fuels for vehicles , regardless of who holds ownership or real right over it.
However, pre-existing contracts may renew its expiry although this previously expressed market share is exceeded.
In addition, the operators at the wholesale petroleum products with a market share above 30 percent in that province or territory, may not acquire ownership or exploit new facilities where this involves an increase in its market share on the basis of the annual sales of the previous year, regardless of not increasing the number of facilities in customs-ownership or under any other title that gives them the direct or indirect management of the installation.
(2. to them effects of compute the percentage of share of market earlier is will have in has it next: to) them sales annual of the exercise previous of them facilities for supply to vehicles included in the network of distribution of the operator to the by greater u operators of the same group business, contained in each province. In the case of those Territories extrapeninsulares, the computation is will make for each island and to Ceuta and Melilla of way independent.
(b) is considered members of the same network of distribution all the facilities that the operator main have in regime of property, both in them cases of exploitation direct as in case of assignment to third by any title, as well as those cases in which the operator to the by greater have subscribed contracts of supply in exclusive with the holder of the installation.
((c)) means that they are part of the same network of distribution all those facilities supply vehicles owned, according to the provisions of the preceding paragraph, corresponding to an entity that is part of the same group in accordance with the provisions of article 42 of the code of Commerce.
3. by resolution of the Director-General of energy and mines will be determined annually the list of operators to the wholesale of oil products with a superior to the established percentage market share. This resolution will be published in the «Official Gazette».
4. in the term of three years, or when the evolution of the market and the corporate structure of the sector warrant, the Government may revise the percentage referred to in paragraph 1 or remember the lifting of the ban imposed in this provision.
First transitional provision. Mandate for the establishment of the market operator.
1 within two months from the entry into force of this law, the Iberian market operator of energy, Polo Spanish, S.A., will promote the adaptation of commercial MIBGAS S.A. to the criteria laid down in article 65 ter of the law 34/1998, of October 7, the hydrocarbons Sector.
In the event that you do not cover the total number of shares provided for in accordance with the criteria set out in that article, the Iberian market operator of energy, Polo Spanish, S.A., will expand temporarily its participation to give coverage to 100 percent of the capital.
2 organised gas market operator must be in operation within a maximum period of four months from the entry into force of this law.
Available to transient second. Financing of the market operator.
1. until by order of the Minister of industry, energy and tourism is determined that conditions sufficient liquidity in the organized market of gas have been reached, article 59 of the law 18/2014, on 15 October, adoption of urgent measures for growth will be included between the costs of the gas system referred to them , the competitiveness and the efficiency, the part corresponding of the retribution of the operator of the market.
During said period transitional the remuneration from the operator of the market will be fixed by order of the Minister of industry, energy and tourism.
In the term of two months from the entry in force of this law the operator of the market organized of gas sent to the Ministry of industry, energy and tourism, a proposal of remuneration as well as of rules of operation of the market.
2. in the period of four months from the entry into force of this law, the National Commission of markets and competition be forwarded to the Ministry of industry, energy and tourism a proposed methodology for compensation of the market operator.
Third transitional provision. Payment to owners.
Provisions of chapter IV of title II shall apply to concessions of exploitation that are granted from the entry into force of this law.
Fourth transitional provision. Functions and sanctioning powers whose exercise is kept temporarily in the National Commission of markets and competition.
Notwithstanding the modifications introduced by this law under Title VI of the law 34/1998, of October 7, the hydrocarbons Sector, pursuant to the transitional provision of law 3/2013, of June 4, fourth of creation of the National Commission of markets and competition, the National Commission of markets and competition will continue to play the functions referred to in the additional provision octava.2 and 3 of this law 3 / 2013, of 4 of June, and the available additional tercera.2 of the Real Decree-Law 9 / 2013, of 12 of July, by which is adopt measures urgent to ensure the stability financial of the system electric.
Fifth transitional provision. Regime transition of certain modifications.
1 until not develop regulations terms and conditions for the connections between the networks of transport and distribution of natural gas, will not you application amendments in article 73.1 of the law 34/1998, of October 7, by the eight paragraph of article 2 of this law.
2. them modifications introduced in the article 91.1 of the law 34 / 1998, of 7 of October, of the Sector of hydrocarbons, not will be of application to them facilities of connection of deposits of gas natural with the network of transport that to the entry in force of the present available have of authorization administrative of execution of them facilities.
Sixth transitional provision. System of administrative silence and notifications.
The amendments made by this Act in article 35 bis of the law 34/1998, of October 7, the hydrocarbon Sector shall apply to procedures underway at the entry into force of this law.
Available to transient seventh. Operators exclusive contracts to the wholesale.
The provisions of the fourth additional provision of this law on contracts exclusively of operators to the wholesale, shall apply from 1 July 2016, governed until that time as provided in the transitional provision fifth law 11/2013, 26 July, support for entrepreneurs and encouraging growth and job creation measures.
Eighth transitory provision. Maintenance of conditions in terms of efficiency for the year 2015.
The amendments made to article 71.1 of the law 18/2014, on 15 October, adoption of urgent measures for growth, competitiveness and efficiency, will be applicable as from 1 January 2016.
Sole repeal provision. Repeal legislation.
Are repealed all them standards of equal or lower range as soon as contradict or are opposed to it willing in the present law.
In particular, and with effect from July 1, 2016, the transitional provision fifth law 11/2013, 26 July, support for entrepreneurs and encouraging growth and job creation measures be repealed.
Available end first. Modification of the Royal Decree-Law 6/2000 23 June, on urgent measures for intensification of competition in markets for goods and services.
The first paragraph of article 5 of Royal Decree-Law 6/2000, of 23 June, on urgent measures for intensification of competition in markets for goods and services, shall be amended as follows: «holders of distribution facilities to the retail of hydrocarbons to vehicles shall send to the Directorate-General of energy and mines with the periodicity to be determined and» «, in any case, when there is a change in prices, data on products offered, as well as its price, volume of sales and brand, in the case of flag.»
Available to finish second. Modification of the Royal Decree-Law 13/2012 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.
Paragraph 1 of article 14 of the Royal Decree-Law 13/2012 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 , happens to have the following wording: «1. in the case of underground storages, the compensation for investment costs and operation and maintenance costs accrue from the day following the implementation in commercial service of the installation concerned.» «For the year of put in service, the costs of investment is calculated prorating by the number of days during which the element of fixed assets "i" has State in service.»
Third final provision. Modification of the law 24/2013, of 26 December, the Electricity Sector.
Law 24/2013, of 26 December, the Electricity Sector, is hereby amended as follows: one. The penultimate paragraph of article 4.4 is worded as follows: «the Minister of industry, energy and tourism, on the proposal of the operator of the system and following a report of the National Commission of markets and competition, may approve the necessary adaptations of a technical nature to carry out development plans included in the electrical planning.»
Two. Article 15.3 is worded as follows: «3. terms will be established by regulation by the Government in which, exceptionally and temporarily, the extra cost taken with revenues of the electrical system derived from changes in fuel in the production of the electrical systems of the non-peninsular territories facilities, that are not justified by technical reasons and which are essential to guarantee the supply in these territories may be authorized.»
Available to finish fourth. Modification of law 18, 2014, on 15 October, adoption of urgent measures for growth, competitiveness and efficiency.
One. Paragraph 2 of article 65, is worded as follows: «2. impact on the remuneration to perceive from the entry into force of the Royal Decree-Law 8/2014 4 July, adoption of urgent measures for growth, competitiveness and efficiency, and during the first regulatory period, the rate of remuneration of the assets of transport, regasification, basic storage with a right to remuneration in charge of the gas system will be the average performance of the obligations of the» «State to ten years in the market secondary between holders of accounts not segregated from them twenty-four months previous to the entry in force of the cited Real Decree-Law increased with a differential that will take the value of 50 points Basic.»
Two. Paragraph 2 of article 69 is drawn up in the following terms: "2. the period of the national system of obligations of energy efficiency will understand from the entry into force of the Royal Decree-Law 8/2014, 4 July, adoption of urgent measures for growth, competitiveness and efficiency, until December 31, 2020."
3. The third subparagraph of paragraph 5 of article 75, happens to have the following wording: «variations arising from the supplied data on the obligors, percentages, sales and other variables, and the set pursuant to paragraph 2 of this article, may be taken into account, in positive or negative sense, to determine the amount corresponding to every subject obligated by the year 2015 or to recognize the rights of recovery that «, where appropriate.»
Four. The fourth subparagraph of paragraph 1 of article 70 is modified and added a new paragraph that is worded in the following terms: ' 1. (...)»
Where a required subject causes low how marketer or operator to the wholesale in the year of performance of the obligation, it shall be considered subject bound for the purposes of this Act, by the proportional part of the annual period of obligation that corresponds to the last day of the quarter in which has caused such a low. For these purposes, the obligated subject shall prove to the Directorate General for energy policy and mines its low in activity, who shall inform the managing body of the National Fund for energy efficiency.
To determine the appropriate amount for each subject required adjustments, will be included in positive or negative sense arising from provided data on the obligors, percentages, sales, and other variables, and the set in the corresponding ministerial order of the previous year for which the obligation is established.»
5. Paragraph 2 of article 70 is worded as follows: «2. for these purposes, obligors must be sent annually, before September 30, to the Directorate General for energy policy and mines data from energy sales for the previous year, expressed in GWh.»
Also, and for set and check the obligation of saving annual of them subject forced is will have in has the information provided by the Commission national of them markets and the competition and it Corporation of reserves strategic of products oil, between others agencies.
Where a subject forced not forward the information in the term established and not is available of information that allow meet to such omission, is you assigned as obligation of saving, to the margin of the cast of the target annual, which you outside assigned in the last order ministerial in which appeared said subject forced, increased in a 10 percent.
In the event that an obligation of saving never had been assigned, will be assigned as such, equally aside from the distribution of the annual target, the result of dividing the economic equivalent to the requirement of saving the previous year between the number of obligors of the sector to which belongs the abovementioned subject in that year, and all of this is multiplied by the corresponding share of this sector on the target of annual savings from the previous year.
For these purposes, means: to) Sector of activity: marketers of gas, electricity, operators at the wholesale petroleum products, and operators to the wholesale of liquefied petroleum gases.
(b) amount economic equivalent to the obligation of saving: result of multiplying the objective of saving annual by the corresponding equivalence financial.
(c) fee of a sector on the annual savings target: the result of dividing the sales volume of final energy corresponding to that sector, between end of all the sectors forced energy turnover.
The amounts thus allocated by default will be taken into account when it comes to the sharing of the savings target of next year between all the obligors.
«It earlier is understood without prejudice of the regime sanctioning applicable and of them settings that correspond in the year following.»
6. Paragraph 1 of article 71, is drawn up in the following terms: "1. to enforce the fulfillment of the annual obligations of energy saving, obligors must be an annual financial contribution to the national energy efficiency fund referred to in the following article, by the amount resulting from multiplying its obligation of annual savings by financial equivalence established.»
Such obligation financial will be of enter is by quarters complete in four parts equal, and this no more afternoon of the 31 of March, 30 of June, 30 of September and 31 of December of each year.
By order of the Minister of industry, energy and tourism will be determined financial equivalence based on the estimated average cost to mobilize investments in all sectors of actions required to achieve the annual goal of saving.»
7. Is modifies the article 84 that is worded in the following terms: «article 84.» Ability to initiate, instruct, and resolve.
1. the initiation and it instruction of them procedures sanctioning derivatives of them violations administrative alamani in the field of the system national of obligations of efficiency energy as well as the file, after its resolution, of them performances made will correspond to the organ of it address General corresponding of the Secretariat of State of energy.
2 competition for the imposition of sanctions to infringements in the field of the national system of energy efficiency obligations shall be: to) the Council of Ministers for the imposition of penalties for the Commission of serious offences.
(b) to the Minister of industry, energy and tourism for the imposition of sanctions by the Commission of violations serious.
(c) to the Secretary of State's power to impose mild sanctions."
Fifth final provision. Character of the law.
This law has basic character, in accordance with article 149.1.13., 18th and 25.ª of the Constitution.
In addition, chapter II of title II is dictated under the protection of article 149.1.14. ª of the Spanish Constitution, which attributes to the State the exclusive competence in the field of General Finance.
Available to finish sixth. Enabling policy and development regulation.
It enables the Government, and the Minister of industry, energy and tourism so that, in the scope of their powers, it is issued the regulations necessary for the development and implementation of this law.
Available to finish seventh. Adjustments to the law of budgets General of the State.
General State budget law may change in accordance with provisions of article 134,7 of the Spanish Constitution, the amounts of the canon, tax rates and payments provided for in this law.
Disposal the eighth. Entry in force.
1. the present law shall enter into force the day following its publication in the "Official Gazette".
2. Notwithstanding the foregoing, the provisions of title II, except Chapter III, will take effect January 1, 2016.
Therefore, command to all them Spanish, particular and authorities, that observe and do save this law.
Madrid, May 21, 2015.
The President of the Government, MARIANO RAJOY BREY
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