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Order Eit/931/2015, Of May 20, By Which Modifies The Order Itc/1522/2007 May 24, Which Establishes The Regulation Of The Guarantee Of Origin Of Electricity Produced From Renewable Energy Sources And Cogeneration Of To The...

Original Language Title: Orden IET/931/2015, de 20 de mayo, por la que se modifica la Orden ITC/1522/2007, de 24 de mayo, por la que se establece la regulación de la garantía del origen de la electricidad procedente de fuentes de energía renovables y de cogeneración de al...

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TEXT

Order ITC/1522/2007 of 24 May provides for the regulation of the guarantee of the origin of electricity from renewable energy sources and high-efficiency cogeneration.

Order ITC/1522/2007, of 24 May, incorporated into the Spanish legal order the system of guarantee of origin provided for in Directive 2001 /77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity generated from renewable energy sources in the internal electricity market, and in Directive 2004 /8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration on the basis of the demand for useful heat in the internal energy market and for which it is amended Directive 92 /42/EEC.

Subsequently, that order was amended by Order ITC/2914/2011 of 27 October for its adaptation to the provisions of Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and repealing Directives 2001 /77/EC and 2003 /30/EC.

In the year 2012, Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010 /30/EU, and amending Directive 2012/27/EU of the European Parliament and repeal Directives 2004 /8/EC and 2006 /32/EC.

Article 14.10 of that directive introduces certain requirements concerning the information that the guarantees of origin of the electricity produced from high-efficiency cogeneration must contain, not foreseen previously by Directive 2004 /8/EC.

For this reason, it is necessary to adapt the aforementioned Order ITC/1522/2007, of 24 May, to the provisions of that Directive 2012/27/EU, in relation to the guarantees of origin of electricity from installations of high-efficiency cogeneration.

This order incorporates into Spanish law the content of Article 14.10 of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010 /30/EU and repealing Directives 2004 /8/EC and 2006 /32/EC.

On the other hand, Law 24/2013 of 26 December of the Electrical Sector has eliminated the differentiated concepts of ordinary and special arrangements, and Royal Decree 413/2014 of 6 June, which regulates the activity of production of electricity from renewable energy sources, cogeneration and waste, has approved a new legal and economic regime applicable to these installations. It is therefore necessary to make certain amendments to Order ITC/1522/2007 of 24 May to adapt it to the new regulatory framework.

In accordance with the provisions of the third and tenth transitional provisions of Law No 3/2013 of 4 June of the creation of the National Commission on Markets and Competition, in relation to the additional provision of Law 34/1998 of 7 October of the hydrocarbon sector, this order has been informed by the National Commission of the Markets and the Competition and, for the preparation of this report the observations have been taken into consideration and Comments of the Electricity Advisory Council of the said commission, through which the procedure has been evacuated of hearing and consulting the Autonomous Communities.

In its virtue, according to the State Council, I have:

Single item. Amendment of Order ITC/1522/2007 of 24 May establishing the regulation of the guarantee of the origin of electricity from renewable energy sources and high-efficiency cogeneration.

The following amendments are introduced in Order ITC/1522/2007 of 24 May establishing the regulation of the guarantee of the origin of electricity from renewable energy sources and cogeneration high efficiency:

One. The first paragraph of Article 2 is amended, the wording of which shall be as follows:

" The system of guarantee of origin of the electricity regulated in this order shall be eligible for all installations of production of electrical energy from renewable energy sources and high efficiency cogeneration, as well as the biodegradable fraction of industrial and municipal waste, provided that such biodegradable fraction is objectively quantifiable. "

Two. Article 3 is amended as follows:

" Article 3. Definitions.

For the purposes of this order, the following definitions apply:

(a) Electrical energy from renewable sources: electrical energy from non-fossil renewable sources, i.e. wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydro, biomass, gases of landfill, gas from purification plants and biogas.

b) Biomass: the biodegradable fraction of products, wastes and residues of biological origin from agricultural activities (including substances of plant origin and animal origin), forestry and related industries, including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste.

c) Net electricity production: gross energy generated less than consumed by auxiliary services measured in central bars, that is, taking into account losses to raise energy to central bars.

d) Gross energy generated: energy produced by a generator group measured in alternator borns.

e) Auxiliary production services: electrical energy supplies needed to provide the basic service in any operating system of the plant.

f) Central bars: bars to which the high side of the group transformer of a generator group is attached.

g) High-efficiency cogeneration: cogeneration meeting the criteria set out in Annex III to Royal Decree 616/2007 of 11 May on the promotion of cogeneration.

h) Support system: any instrument, system or mechanism that promotes the use of energy from renewable sources by reducing the cost of this energy, increasing its sales price or energy volume renewable energy, by means of an obligation to use renewable energy or through other measures. This includes, without limitation, investment aid, tax exemptions or reliefs, tax refunds, support schemes for the obligation to use renewable energy including those used for the purposes of the certificates. green, and direct support systems for prices, including remuneration for the operation, remuneration for investment, as well as any other concepts included in the specific remuneration scheme. '

Three. The second paragraph of Article 4.1 is amended, the wording of which is as follows:

" The guarantees of origin will have a standard format of 1 MWh. Also, the guarantees of origin shall include at least the data relating to the identification, status, date of entry into service, type of energy, capacity of the facility, operating period and support system, as well as the date and the date of the country of dispatch and a unique identification number, without prejudice to the fact that this information can be further detailed by Circular of the National Commission on Markets and Competition, to be published in the Official Journal of the European Status "."

Four. Article 6 (3) (a) is amended as follows:

" (a) In the case of high-efficiency cogeneration, thermal capacity of the facility, electrical and thermal nominal efficiency of the installation, lower heat value of the fuel, quantity and use of the heat generated together with electricity, equivalent electric performance (REE), as well as electricity from cogeneration and primary energy saving (PES), as defined in Annexes II and III to Royal Decree 616/2007 of 11 May 2007 on the promotion of cogeneration. "

Five. Article 7 is amended as follows:

" Article 7. Accounting separation.

The income from the sale of the guarantees of origin must be counted separately. During the first quarter of each year, producers whose names are issued guarantees of origin shall send to the National Commission of the Markets and the Competition a report on the plan for the implementation of the said revenue, which may be either to new developments in installations for the production of electrical energy from renewable energy sources and cogeneration which are not profitable under the current system of remuneration, or to general research activities and development (R & D) aimed at improving the overall environment. "

Six. The second paragraph of Article 11.1 is amended as follows:

" Accreditations of guarantees of origin issued in another Member State may be submitted by the traders to the National Commission of the Markets and the Competition to obtain the same recognition as the issued by the guarantee scheme of origin in Spain, provided that they are issued in accordance with the requirements laid down in Directives 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010 /30/EU and repealing those Directives Directives 2004 /8/EC and 2006 /32/EC and 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and repealing Directives 2001 /77/EC and 2003 /30/EC. The guarantee of origin shall be issued by the issuing body designated by a Member State of the European Union. Where there are reasonable doubts as to the accuracy, reliability or veracity of a guarantee of origin issued by another Member State, the National Markets and Competition Commission may refuse to recognise the guarantee, and must knowledge of the Secretariat of State of Energy for notification to the European Commission. "

Seven. The second paragraph of Article 11 (2) is amended, the wording of which is as follows:

" The producer of electricity entitled to the specific remuneration scheme set out in Royal Decree 413/2014 of 6 June 2014 regulating the production of electricity from the electricity generation of electricity from the renewable energy sources, cogeneration and waste, which requests guarantees of origin for export, shall, for each guarantee of origin exported, give up the specific remuneration scheme applicable to that guarantee. In accordance with Article 11 (6) of that royal decree, the specific remuneration scheme shall include the remuneration for the energy operation included in the guarantee, the remuneration for the investment for the period considered, as well as any other concepts included in the specific remuneration scheme. "

Eight. Article 14 is amended, which is worded as follows:

" Article 14. Regime of infringements and penalties.

Failure to comply with the obligations laid down in this order shall apply to the regime of infringements and penalties provided for in Title X of Law 24/2013 of 26 December of the Electrical Sector. "

Nine. The second subparagraph of paragraph 1 of the single additional provision is amended, as follows:

" For these purposes, in order to reflect the information relating to the marketing undertaking, it shall be deducted from the overall mix of generation indicated, the share corresponding to the total guarantees of origin issued and, in its The following shall be added to the guarantees of origin which until 31 March of the year following the year of the production of the energy have been taken into account in that undertaking's account. '

Single transient arrangement. Implementation of the amendments relating to the system of guarantee of origin of electricity from renewable energy sources and high-efficiency cogeneration.

The provisions of paragraphs 3 and 4 of the single article of this order shall apply to the formalities relating to guarantees of origin relating to electrical energy produced from 1 January 2016. For the rest of the formalities, Articles 4.1 and 6.3.a) of Order ITC/1522/2007, of 24 May, in its current wording, shall apply to the entry into force of this order.

Final disposition first. Competence title.

This order has a basic character and is dictated by the provisions of Article 149.1.13. and the 25th of the Spanish Constitution, which attribute to the State exclusive competence in the field of bases and coordination of the general planning of economic activity, and bases of the mining and energy regime.

Final disposition second. Incorporation of European Union law.

This order incorporates into Spanish law the content of Article 14.10 and Annex X to Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, by amending Directives 2009 /125/EC and 2010 /30/EU and repealing Directives 2004 /8/EC and 2006 /32/EC.

Final disposition third. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, May 20, 2015. -Minister of Industry, Energy and Tourism, José Manuel Soria López.