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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5635

The order ITC/1522/2007, of 24 may, establishes the regulation of the guarantee of origin of electricity from high efficiency cogeneration and renewable energy sources.

The aforementioned order ITC/1522/2007, of May 24, incorporated into the Spanish legal system 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 produced from renewable energy sources in the internal electricity market , and Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on the demand for useful heat in the internal energy market and amending Directive 92/42/EEC.

Subsequently, this order was amended by the order ITC/2914/2011, on 27 October, for their 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.

Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012, on energy efficiency, was enacted in the year 2012, that amending Directive 2009/125/EC and EU/30/2010, and by which Directive 2004/8/EC and 2006/32/EC shall be repealed.

Article 14.10 of this directive introduces some requirements concerning the information which guarantees of origin of electricity produced from high efficiency cogeneration should contain, not provided previously by Directive 2004/8/EC.

For this reason, it is necessary to adapt the order ITC/1522/2007 of 24 may, provisions of the cited directive 2012/27/EU, relating to guarantees of origin of electricity produced from high efficiency cogeneration facilities.

By this order the content of article 14.10 of the directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012, energy efficiency, joins Spanish law by amending Directive 2009/125/EC and EU/30/2010, and by which Directive 2004/8/EC and 2006/32/EC shall be repealed.

On the other hand, the law 24/2013, of 26 December, the Electricity Sector, has eliminated concepts differentiated from regular and special regime, and Royal Decree 413/2014, 6 June, which regulates the activity of production of electrical energy from renewable energy sources, cogeneration and waste, has approved a new legal regime applicable to these facilities. Therefore, it is necessary to introduce certain amendments in the order ITC/1522/2007 of 24 may, to adapt to the new regulatory framework.

In accordance with the transitional provisions third and tenth law 3/2013, 4 June, creation of the National Commission of markets and competition, in relation to the additional provision of law 34/1998, of October 7, the hydrocarbon sector, eleventh this order has been informed by the National Commission of markets and competition and for the preparation of this report have taken into account the observations and comments of the Advisory Council of electricity of this Commission, through which it has evacuated the procedure of hearing and consultations to the autonomous communities.

By virtue, according to the Council of State, I have: single article. Modification of the order ITC/1522/2007 May 24, by which establishes the regulation of the guarantee of origin of electricity from high efficiency cogeneration and renewable energy sources.

The following changes are introduced in the order ITC/1522/2007 May 24, by which establishes the regulation of the guarantee of origin of electricity from high efficiency cogeneration and renewable energy sources: one. Amending the first paragraph of article 2, whose tenor becomes the following: «may benefit from the system of guarantee of origin of electricity regulated in this order all the production facilities of electric power from renewable energy sources and high-efficiency cogeneration, as well as the biodegradable fraction of industrial and municipal waste provided such biodegradable fraction quantifiable objective.»

Two. Amending article 3, which is drawn up in the following way: «article 3. Definitions.

For the purposes of this order, the following definitions shall apply: to) electric energy from renewable sources: electricity from non-fossil renewable sources, i.e. wind, solar, energy, aerothermic, geothermal, hydrothermal and ocean, hydraulic, biomass, landfill gas, gas treatment and biogas plants.

(b) biomass: the biodegradable fraction of products, waste and residues of biological activities from agriculture (including vegetal and animal substances), forestry and related industries, including fishing and aquaculture, as well as the biodegradable fraction of industrial and municipal waste.

(c) net electricity production: gross energy generated less the consumed by the auxiliary services measured in central bars, i.e., taking into account losses to raise power to central bars.

(d) generated gross energy: energy produced by a generator group measured at terminals of alternator.

(e) ancillary production services: electric power supplies to provide the basic service in any regime of operation of the Centre.

(f) central bars: bars that connects the transformer of a generator group high side.

(g) high efficiency cogeneration: CHP that meets the criteria set out in annex III of the Royal Decree 616/2007, of May 11, on promotion of cogeneration.

(h) support system: any instrument, system, or mechanism that promotes the use of energy from renewable sources thanks to the reduction in the cost of this energy, increasing its selling price or the volume of renewable energy acquired, through an obligation to use renewable energy or through other measures. This includes but is not limited to, aid to investment, exemptions or tax breaks, the tax rebates, support systems to the obligation to use renewable energies including employing green certificates, and systems of direct support to prices, which include remuneration to the operation, pay to the investment as well as any other concepts included in the specific compensation arrangements.»

3. Amending the second paragraph of article 4.1, the wording of which happens to be the following: «the guarantees of origin will have a format standard of 1 MWh. Likewise, guarantees of origin shall include, at least, data relating to the identification, location, date of commissioning, type of energy, capacity of the installation, period of operation and support system, as well as the date and country shipper and a unique identification number» «, notwithstanding that this information may be detailed more accurately by Circular of the Commission national markets and competition, which shall be published in the "official bulletin of the State".»

Four. Amending article 6.3. to), whose tenor becomes the following: «a) in the case of cogeneration of high efficiency, thermal capacity of the installation, efficiency nominal electrical and thermal installation, calorific value less of fuel, amount and use of the heat generated together with the electricity, electrical performance equivalent (REE), as well as electricity from cogeneration and saving of primary energy (PES)» «, as defined in annexes II and III of Royal Decree 616/2007, of May 11, on promotion of cogeneration.»

5. Amending article 7, which is drawn up in the following way: «article 7. Accounting separation.

Revenues obtained from the sale of the guarantees of origin should be counted separately. During the first quarter of each year, the producers named guarantees of origin are issued shall send to the National Commission of markets and competition a report on the implementation plan of such income, which may be destined to further development of facilities for production of electricity from renewable energy sources and cogeneration which with the existing wage system are not profitable «, or general activities of research and development (r & d) whose objective is the improvement of the global environment.»

6. Amending the second paragraph of article 11.1, which is worded as follows:
«Accreditations of guarantees of origin issued in another Member State may be presented by marketers before the National Commission of markets and competition so that they can obtain the same recognition that the issued by the system of guarantee of origin in Spain, provided that they are issued in accordance with the requirements of the directives 2012/27/EU of the European Parliament and of the Council 25 October 2012, relative to energy efficiency, that amending Directive 2009/125/EC and 30/2010/EU, and that repealing the 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 that amending and repealing the directives 2001/77/EC and 2003/30/EC. The guarantee of origin shall be issued by the body issuing designated by a Member State of the European Union. When there are doubts based on the accuracy, reliability or truthfulness of a guarantee of origin issued by another Member State, the National Commission of markets and competition can deny recognition of the same, and must inform the Ministry of energy for their notification to the European Commission.»

7. Amending the second paragraph of article 11.2, the wording of which happens to be the following: 'the producer of electricity right to the perception of the specific compensation arrangements regulated in Royal Decree 413/2014, on 6 June, which regulates the activity of production of electrical energy from renewable energy sources, cogeneration and waste to request guarantees of origin for export, shall waive, for each guarantee of origin exported, the specific compensation arrangements that apply to the guarantee. In accordance with article 11.6 of the aforementioned Royal Decree, the specific compensation arrangements will include remuneration to the operation corresponding to the energy included in the warranty, the remuneration corresponding to the period considered investment, as well as any other concepts included in the specific compensation arrangements.»

8. Amending article 14, which is drawn up with read as follows: «article 14. Violations and sanctions regime.

Non-compliance with the obligations laid down in the present order shall you apply the regime of offences and penalties provided for in Title X of the law 24/2013, on December 26, in the Electricity Sector.»

9. Amending the second subparagraph of paragraph 1 of the sole additional provision, which happens to have the following wording: «for this purpose, in order to reflect the information concerning the trading company, will be deducted, global indicated generation mix, the part corresponding to the total guarantees of origin issued and, where appropriate, will include the corresponding guarantees of origin as up to 31 March of the year following the production of energy they had worked in the company's account.»

Sole transitional provision. Application of amendments relating to the system of guarantee of origin of electricity from energy sources renewable and high-efficiency cogeneration.

Provisions of paragraphs three and four of the single article of this order shall apply to the proceedings with guarantees of origin relating to electrical energy produced from 1 January 2016. For the rest of the proceedings will be application articles 4.1 and 6.3. to) order ITC/1522/2007 of 24 may, in their current wording to the entry into force of this order.

First final provision. Skill-related title.

This order is basic and is run under cover of the provisions of article 149.1.13. ª and 25.ª of the Spanish Constitution, which attribute to the State the exclusive competence in matter of bases and coordination of the general economic activity planning, and bases of the regime and mining.

Second final provision. Incorporation of European Union law.

Through this order joins the Spanish law the content of the article 14.10 and annex X of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012, energy efficiency, for which amending Directive 2009/125/EC and EU/30/2010, and for which Directive 2004/8/EC and 2006/32/EC shall be repealed.

Third final provision. Entry into force.

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

Madrid, 20 may 2015.-the Minister of industry, energy and tourism, Jose Manuel Soria Lopez.