I

The transposition of Community directives, in particular those of the internal market, is now one of the priority objectives set by the European Council. The European Commission submits regular reports to the Competitiveness Council, which are given a high political value as they serve to measure the effectiveness and credibility of the Member States in the implementation of the market. internal.

The fulfilment of this objective is even more important today in view of the new scenario designed by the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community. European, for non-compliances of transposition in time, for which the Commission may ask the Court of Justice of the European Union for the imposition of significant economic sanctions in an accelerated manner (Article 260.3 of the Treaty of functioning of the European Union (TFEU).

Spain has consistently met the objectives of the implementation of the deadline, since the beginning of the establishment of the same. However, at the moment there is a delay in the transposition of some directives, which require a standard of law for incorporation into the internal legal order, since there is a fine irrigation based on the provisions of the Article 260.3 of the TFEU.

In view of the seriousness of the consequences of continuing to accumulate delay in the transposition of such directives into the Spanish legal order, it is necessary to go to the approval of a royal decree to proceed to its transposition, which will allow the closure of the open infringement procedures and thereby prevent the imposition of economic sanctions on Spain.

Regarding the use of the royal decree-law as an instrument of transposition, it should be noted that the Constitutional Court, in the judgment 23/1993, of 21 January, points out that the decree-law is a constitutionally In order to face problematic economic circumstances, and in its judgment in 1/2012, of 13 January, it endorses the concurrency of the enabling budget of the extraordinary and urgent need of Article 86.1 of the Constitution when they are present " Patent delay in transposition "and the existence of" non-compliance procedures " against the Kingdom of Spain. '

Moreover, this is not the first time that this legal instrument has been used to circumvent the certain and imminent risk of the imposition of economic sanctions for non-compliance with European Union law. Thus, the diktat of Royal Decree-Law 8/2007 of 14 September amending certain articles of Law 23/1992 of 30 July 1992 on private security was justified in the ' existence of an enabling budget, to which the The Court held that the Court held that the rule of law must be of such a nature that it cannot be dealt with by the legislative procedure of urgency, because of the need for its immediacy. ' This budget also concurs in the current case.

II

On the one hand, this royal decree-law incorporates in our order those provisions contained in Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009, which require an amendment of the Law 54/1997, of 27 November, of the Electrical Sector, as well as those contained in Directive 2009 /73/EC of the European Parliament and of the Council of 13 July 2009 requiring an amendment to Law 34/1998 of 7 October 2009 on the Hydrocarbons. 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 the Directives is also partially incorporated. 2001 /77/EC and 2003 /30/EC.

Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in electricity and repealing Directive 2003 /54/EC introduces new provisions for achieve an effective separation of the activities of supply and generation of network activities, posing different options for carrying out such separation between activities.

It also reinforces the role of national regulatory authorities and thus provides for the creation of a single regulatory authority at national, legal and functionally independent level of any other public or private entity, as well. how it sets the objectives, obligations and powers of the regulatory authorities.

On the other hand, public service obligations are strengthened. In this respect, it is worth highlighting the regulation of consumer access to their consumer data, the associated prices and the costs of the service, as well as the information regarding the way of resolving conflicts. It is also available that Member States should define the concept of a vulnerable customer and establish measures to ensure their electricity supply. Energy poverty is also referred to.

Directive 2009 /73/EC introduces the concept of the separation of assets, meaning a situation in which the owner of the network is designated as the network manager and is independent of any company with interest in the network. production and supply; while pursuing greater harmonisation of powers and the strengthening of the independence of national energy regulators, as a means of ensuring an equally effective level of supervision regulatory in each Member State.

Law 54/1997 of 27 November of the Electrical Sector, and its implementing provisions laid down the legal regime for the activities for the supply of electrical energy in accordance with the provisions of the contained in Directive 96 /92/EC of the European Parliament and of the Council of 19 December on common rules for the internal market in electricity.

Subsequently, Law 17/2007 of 4 July amended Law 54/1997 of 27 November of the Electrical Sector to adapt it to the provisions of Directive 2003 /54/EC of the European Parliament and of the Council of 26 June 2003, on common rules for the internal market in electricity.

Law 34/1998, of 7 October, of the hydrocarbon sector, established the operating bases of the natural gas market, advancing in liberalization as a means to achieve greater efficiency and quality of the service, increased competitiveness and the guarantee of security of supply and sustainability, in line with the forecasts contained in Directive 98 /30/EC of the European Parliament and of the Council of 22 June 1998 on common rules for the internal market for natural gas.

Subsequently, Law 12/2007, of 2 July, amended Law 34/1998 of 7 October of the hydrocarbon sector, in order to adapt it to the provisions of Directive 2003 /55/EC of the European Parliament and of the Council of 26 June 2003, on common rules for the internal market in natural gas and repealing Directive 98 /30/EC.

III

In relation to the electricity sector, this royal decree-law complies with the obligation contained in Directive 2009 /72/EC whereby each Member State formally designates a single regulatory authority at a level national. The powers and functions of this regulatory authority are also covered in a detailed way, reinforcing the existing ones. In particular, it deepens the objectives and functions that contribute to ensuring the effectiveness and implementation of consumer protection measures, in coordination with other administrations.

To ensure the independence between network activities and generation and supply activities, the requirements set out in Directive 2009 /72/EC as regards the limitations on participation in the network are taken into account. undertakings and takeover of the undertakings, and the designation of the transmission system operators is envisaged, giving the regulatory authority the power to certify on the basis of the procedure laid down in the procedure laid down in this Regulation. regulentarily.

On the other hand, the reference to the vulnerable consumer is introduced, considering that it is the one that meets the social, consumption and purchasing power characteristics to be determined, and the adoption of the measures is established appropriate to ensure adequate protection for these consumers. Transitional, until the definition of vulnerable consumers, will be considered as such to those within the scope of application of Article 2 and the second transitional provision of Royal Decree-Law 6/2009, of 30 of April, by which certain measures are adopted in the energy sector and the social bond is approved, that is, consumers who have the right to benefit from the social bond.

Another measure in relation to consumer protection is the establishment, by the competent administrations, of unique contact points in coordination with the National Energy Commission to provide the consumers all the necessary information concerning their rights, the legislation in force and the dispute settlement procedures available to them in the event of a dispute.

On the other hand, the General Administration of the State is enabled for the implementation of international cooperation mechanisms for the implementation of the commitments under Directive 2009 /28/EC of the European Parliament and 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, which aims to establish a common European framework for the promotion of energy from renewable sources in order to limit emissions from renewable sources; greenhouse gases, as well as to promote energy efficiency and reduce pollution due to transport.

IV

In relation to the hydrocarbon sector, the modifications introduced include the definition of the transmission system operator as the operator of the trunk network. The transmission system operator is required to effectively separate the transport activities on the one hand and from the supply and production activities on the other. To this end, it is proposed, as a general rule, a model of patrimonial separation, so that no person can exercise control over a supply and production company and, at the same time, have interests or exercise rights in a system of transport, thus preventing vertically integrated companies from favouring those of their own business group, discriminating against their competitors. Notwithstanding the above, for those companies which hold the backbone of the backbone network which were already holders of these facilities before 3 September 2009 and which do not comply with the own requirements for the separation of assets, The possibility of giving the same management to an independent network manager is provided for in order to comply with the requirements laid down.

The procedure for the certification of the separation of activities for transmission system operators and independent network operators set out in Directive 2009 /73/EC is also established. Such certification shall be carried out by the National Energy Commission.

As regards the regulatory body, the National Energy Commission, its functions are expanded and it is established that it will be in charge of approving the methodologies for the calculation of the tolls and the fees of the basic services of access. It is granted sanctioning powers as well as the ability to make legally binding decisions to undertakings, all in the field of the powers conferred on them. It also deepens the objectives and functions that contribute to ensuring the effectiveness and implementation of consumer protection measures, in coordination with other administrations.

It also falls within the scope of Law 34/1998 of 7 October of the hydrocarbon sector, to biogas, to gas obtained from biomass and other types of gas, provided that it is technically possible to inject it into the natural gas network. Amendments relating to the system of patrimonial separation in transport are also introduced, including the definition, obligations and conditions to be met by carriers of the backbone network and independent network operators to be certified by the National Energy Commission. The characteristics of access to non-basic storage and the procedure for granting access to third parties to new infrastructure or extensions of existing ones are established. In line with the provisions of Directive 2009 /73/EC, new obligations are set out for marketers to ensure the protection of domestic consumers. The new system for determining the tolls and charges for the transport, regasification and storage activities belonging to the basic network is established, with the National Energy Commission being responsible for setting its methodology. Finally, the sanctioning regime is updated to bring it into line with the allocation of powers to the National Energy Commission, as set out in Directive 2009 /73/EC.

V

On the other hand, through this real decree-law the incorporation into the Spanish legal system of the new European regulatory framework in the field of electronic communications is carried out, framework that is composed by the directive 2009 /136/EC of the European Parliament and of the Council of 25 November 2009 (Citizens ' Rights) and Directive 2009 /140/EC of the European Parliament and of the Council of 25 November 2009 (Better Regulation).

The transposition of these Directives is effected by the modification of Law 32/2003 of 3 November, General of Telecommunications, as well as a timely modification of Law 34/2002, of July 11, of services of the the information society and electronic commerce.

The amendments introduced in Law 32/2003 of 3 November, General of Telecommunications, aim to create an appropriate framework for the realization of investments in the deployment of new generation networks, which allows provide innovative and technologically more appropriate services to the needs of citizens. To this end, between the objectives and principles of the Law, the promotion of connectivity and the extreme interoperability of networks and electronic communications services and the promotion of the user's ability to access and access are introduced. distribute information through any application or service. All this, without forgetting, the special needs of specific social groups, such as the elderly and people with disabilities or in a situation of dependency.

With regard to obligations that may be imposed on operators with significant market power, the possibility of forcing a functional separation between network assets and wholesale supply is introduced. access products, as an extraordinary remedy for alleged persistent failure of competition. However, since it is a measure of extraordinary nature, which can have a strong long-term impact in different areas, numerous channels are established to ensure that such a measure will only be adopted in justified cases and after a thorough impact assessment.

Likewise, important new developments regarding the rights of operators, strengthening their right to the occupation of public and private property, which the standard requires to be guaranteed in a way, are introduced by this royal decree-law. cash. In any event, the limits to this right which could be imposed must be based on objective causes and be proportionate and non-discriminatory. With the same objective of facilitating the deployment of networks, a specific deadline is set for the resolution of applications for occupation, which may not exceed six months, except in the case of expropriation.

In the field of data protection, you are determined to achieve higher levels of security, with the use of caution in the treatment and protection of data by operators.

In line with the importance given by Directives 2009 /136/EC and 2009 /140/EC to the strengthening of the integrity and security of public electronic communications networks, operators are required to manage the data properly. security risks that could affect their networks, attributing to the Ministry of Industry, Energy and Tourism the oversight of the reporting obligations, notification of incidents and audit, among others, which in this field can be imposed.

The reform also strengthens the rights of users of electronic communications services by regulating, inter alia, their right to change the number of operators, within one working day and improving the information to be provided to them, with particular attention being paid to the needs of disabled users.

As regards the management of the radio public domain, the application of the principles of technological neutrality and services is generalized and is deepened in the regulation of the secondary market of spectrum. This is intended to maximise the performance of the spectrum resources allocated to operators, which will be in the interest of technological innovation and a greater supply of better services.

Additionally, the powers of verification of the effective and efficient use of the radio public domain are strengthened, taking into account the relevance that, as a scarce value and of increasing importance, acquires the guarantee of a good use of this resource.

Finally, several articles of Law 34/2002, of 11 July, of services of the information society and electronic commerce, are amended in order to bring their regime into line with the new wording given by Directive 2009 /136/EC, to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 on the processing of personal data and the protection of privacy in the electronic communications sector, with the new emphasis on the wording of Article 22.2, in order to require the user's consent to the files or software (such as so-called "cookies") that store information in the user equipment and allow access to it; devices that can facilitate navigation through the network but with whose use aspects of the sphere can be revealed private users, so it is important that users are properly informed and have mechanisms that allow them to preserve their privacy.

VI

Finally, in terms of the incorporation of the Directives, the final part of the royal decree-law includes three additional provisions which refer to the attention of vulnerable consumers of electrical energy, to the obligations of the traders in relation to the service of attention to the claims and the validity and effectiveness of the existing ratings granted under the General Telecommunications Law, respectively.

Follow three transitional provisions concerning, respectively, installations belonging to the trunk network of pipelines, the establishment of tolls for access to electricity networks and the gas system and the restrictions on the principles of technological neutrality and services in the enabling titles for the use of radio spectrum for the provision of electronic communications services.

VII

In addition to the above measures, this real decree-law also comes to address, as a matter of urgency, a battery of measures with the ultimate aim of eliminating the mismatches between revenues and costs of electricity and electricity systems. Gist.

The measures are aimed at reducing temporary imbalances for the year 2012 for both the electricity sector and natural gas, so that the remaining mismatch can be absorbed by the increase of the Access tolls in order to reach, immediately, the principle of sufficiency collected in the additional twenty-first provision of Law 54/1997, of 27 November, of the Electrical Sector and in Article 26 of Royal Decree 949/2001, of 3 of August, by which third-party access to gas installations is regulated and a system is established integrated economic activity of the natural gas sector.

This royal decree-law is configured as a first step towards achieving the sufficiency of revenues to cover the costs of electricity and gas systems, although it is necessary to undertake a deeper reform of both sectors that allow adequate mechanisms to be provided to meet with guarantees the challenges posed by the current energy scenario for our country: high system costs, strong external dependence, uncertain access to resources, volatility in energy prices and high environmental impacts of the energy cycle. This reaction, in line with European energy policy, has to be articulated around three basic axes: security of supply, economic competitiveness and respect for the environment, in addition to consumer protection.

In short, the reform of the electricity and gas sectors will have, as the first objective, the tariff sufficiency and the long-term economic equilibrium, and secondly, the adaptation of the same to the new economic scenario, rationalising costs and introducing efficiency mechanisms to improve the competitiveness of industrial activity, contributing to the restoration of the growth path of our economy.

Further action will be needed to enable a long-term balance and sustainability situation to be developed.

For all the above, the adoption of the set of measures described below brings together the characteristics of extraordinary and urgent need required by Article 86 of the Constitution. Extraordinary and urgent need arising from the aforementioned reasons for consumer protection and guarantee of the economic sustainability of the electrical system, and whose immediate validity is essential for the regulatory modification it can have the intended effectiveness.

VIII

The process of liberalizing the Electricity Sector, initiated with the entry into force of Law 54/1997 of 27 November, of the Electrical Sector, modified the structure of the sector's activities through the coexistence of the same one. a series of activities that are developed under a natural monopoly, such as the activities of transport and distribution of electrical energy, with others totally liberalised: the generation and marketing of electric power.

An important milestone in the liberalisation process was 1 July 2009, when the tariff supply activity ceased to be part of the distribution activity and the supply became fully exercised, by marketers, in free competition.

Prior to that date, the revenue from the system came from both the access tolls and the tariffs to which the distribution companies supplied electricity to consumers and which were fixed on the basis of the the costs of the electricity system, including the cost of energy. Currently, access tolls are the main source of revenue for the electricity system, in addition to other regulated prices, which are used to finance regulated activities along with the other costs of the system.

To ensure the economic sustainability of the system, the Royal Decree-Law 6/2009 of 30 April, adopting certain measures in the energy sector and approving the social bond, amended the additional provision First of Law 54/1997 of 27 November, introducing the principle of sufficiency of income and additivity of the rates of last resort, that is, that the revenues of the system must be sufficient to guarantee the coverage of the costs of the same and that the sharing of costs must generate economic signals of efficiency. Thus, the application of each access toll by its level and consumption voltage, along with the price signal of the energy in the market, should lead the consumer to adopt their decisions of consumption and investment in an efficient way.

However, in recent years, the expansive evolution of the different cost items in the system, coupled with access tolls that have been revealed as insufficient to cover all the costs of the system, has In addition to the creation of price signals for consumer decision-making, it is also a question of the emergence of annual deficits.

These annual deficits caused by the imbalance between the revenues of the system, which were raised mainly in terms of access tolls and real costs, are leading the system to an unassuming risk situation, for electricity companies, as well as for consumers, with serious consequences for the security of the system if the necessary reforms are not undertaken for their full resolution.

problem, moreover, is of a dual nature: on the one hand, the amount of deficits accumulated since 2000 and, on the other, the annual deficits that continue to be generated and whose suppression is increasingly complex, to the Current scenario of falling demand, growth of the special regime and costs of the system.

The Royal Decree-Law 6/2009 of 30 April, adopting certain measures in the energy sector and approving the social bond, established a decreasing path of limits to limit the annual increase in the deficit of the The Commission's proposal is based on the fact that the Commission has not been able to do so in the light of the information provided by the Commission. It was established that, from 1 January 2013, the access tolls would be sufficient to satisfy all the costs of the regulated activities.

At the same time, the rule created a mechanism for financing the accumulated deficit by ceding the collection rights to the Electricity System Deficit Titling Fund and its placement to third parties. of a competitive mechanism.

However, since the approval of this royal decree-law, a number of circumstances have occurred, which caused the maximum annual limits of ex-ante deficit to be insufficient. Thus, factors such as the significant drop in demand, the increase in electricity production from renewable sources, and the reduction of market prices due to the delicate international economic situation, caused increases. the temporary mismatches of difficult absorption, since these would have to be covered by an increase in access tolls, which would in the short term affect the complex economic situation of families and businesses.

For this reason, both in Royal Decree-Law 6/2010 of 9 April, of measures for the promotion of economic recovery and employment, as in Royal Decree-Law 14/2010 of 23 December, establishing measures For the correction of the tariff deficit in the electricity sector, new emergency measures were adopted for the solution of the problem. Thus, in the aforementioned Royal Decree-Law 14/2010 of 23 December, the maximum limits of the deficit that were established in the Royal Decree-Law 6/2009 of 30 April 2009, were raised for the years 2010, 2011 and 2012, maintaining the objective of elimination of the new deficit in the electricity system from 2013 onwards. In addition, other ad hoc measures for consumer protection and for the reduction of certain items of the system's costs and revenues were also taken.

Among the cost reduction measures attributable to the access tolls, it was established that the companies producing the ordinary scheme will finance the 2008-2012 Action Plan approved by the Council of Ministers ' Agreement of 8 December 2012. July 2005, for which the measures of the strategy document on energy saving and efficiency in Spain 2004-2012 are concretized. In addition, the primary operating hours of the PV installations were limited to correct the deviations in the forecasts for the generation of this technology, mainly motivated by over-installation, on the margins of the administrative control that gives the right to the economic regime and increased, in Law 39/2010, of December 22, of General State Budgets for the year 2011, the amount established for the granting of the State guarantee to deal with the deficits foreseen for the years 2010 and 2011, up to a maximum of 22 billion euro.

On the revenue side, the obligation of energy producers to address a generation toll was established, given the impact of this activity on the development of transport and distribution networks.

The successive adoption of measures such as those referred to in the actual decree-laws have had a partial effect on the resolution of the problem, delaying its final solution and shifting the consequences of the deficit. the Electricity System to future consumers, who will have to face the economic mismatches of the past.

The tariff deficit has become a temporary consequence of the transitional imbalances between revenues and costs of the system, to become a structural problem whose resolution is essential at the present time. for the risk involved for the economic sustainability of the system and for security of supply.

Even when the Spanish economy is going through one of the worst moments of its modern history, and the measures taken in this royal decree-law have a notable effect on all the agents and subjects of the system, the resolution The problem cannot be delayed further. The Government has the clear determination to take the necessary measures to eliminate in a definitive way the mismatches between revenues and costs of the Electricity System and to return to it the situation of balance and sufficiency that would always have been due to the planning of such a complex and important electricity sector for the country's economy. Only with the contribution and effort of all parties involved, consumers, companies that develop their activity in the electricity sector and public administrations will the conclusion of this objective be possible.

Electrical energy is a basic good for the functioning of our society and in particular for the development of economic activity. However, even if the prices of energy traded on the market are in the environment of the average of the European economies, the price paid by consumers also incorporates the tolls on which the costs of the system are financed, reaching levels higher than those of the countries in our environment.

The increases in the system's costs in recent years cannot be passed on to the consumer, and a revision of the model will be necessary to reduce existing inefficiencies by reducing the supported cost levels.

The successive orders for electric tolls issued over the last few years have resulted in a recognition of cost increases and, instead of the adoption of containment measures, the resolution of the problem was postponed and There were also increases in tolls that were later revealed to be insufficient. These orders have been the subject of controversy on the part of the electricity companies, which have systematically resorted to the rules alleging infringement of the principle of tariff sufficiency provided for in Law 54/1997 of 27 November of the Sector Electrical.

In this scenario, there is an urgent need for a series of measures during this year 2012, so that the different cost items of the electricity system are streamlined and the access tolls are sufficient to satisfy the costs of the regulated activities, taking into account the ex-ante deficit limit foreseen for this year in the additional twenty-first provision of Law 54/1997 of 27 November of the Electrical Sector.

In this real decree-law, therefore, an exceptional set of measures are adopted, a set of measures that allow, for this year 2012, to respect the limit of deficit established, reaching on January 1, 2013, the tariff sufficiency.

However, in addition to the adoption of the measures provided for in this standard, it will be necessary to carry out a review of the access tolls in order to obtain sufficient revenue to complete the impact on the the system costs of this royal decree-law and thus achieve, eliminate the existing mismatches in 2012 in order to comply with the judicial decisions of the Supreme Court. In this way, the effort is shared between the various agents and subjects of the electrical system.

The main alternative to this standard would be to not proceed with its approval and, instead, to carry out an upward revision of the tolls for access to the required networks to cover in 2012 all the mismatches that exist. in this exercise, including those that are covered by the measures contemplated in this royal decree-law. In this case, it would be only consumers who would contribute to eliminating imbalances.

However, this option would have a very serious impact on the final consumer, domestic as well as SMEs or industries, which would have an immediate impact on their competitiveness, with consequences of particular relevance in a generalized crisis context such as the current one.

IX

Law 34/1998, of 7 October, of the hydrocarbon sector established the operating bases of the natural gas market, advancing in liberalization as a means to achieve greater efficiency and quality of the service as well as increased competitiveness, guarantee of security of supply and sustainability.

The development model of the gas system has been based on an energy planning where a series of infrastructures are envisaged that must necessarily be undertaken. Law 34/1998 of 7 October, as amended by Law 12/2007 of 2 July 2007, provides that the planning of the air transport network shall be indicative, except as regards the pipelines of the basic transport network, to the transport network. secondary to the determination of the total regasification capacity of liquefied natural gas required to supply the system and the basic storage facilities for natural gas.

The aim of the legislation was to ensure that the natural gas sector is liberalised in its procurement and marketing activities and, on the other hand, that transport and distribution activities remain regulated and, in the case of transport, subject to a binding schedule.

This model has been revealed to be efficient in the growth phases of the market, however, it is inefficient to solve the problems that have arisen in the phases of decrease or stabilization of the demand. The main drawback lies in the lack of flexibility to self-correct in the face of the changes in the scenario like the one that has been going on since 2008.

Until 2005, the conventional demand in Spain presented an exponential growth, typical characteristic of the period of introduction of a new product in the market, however, during the last few years, an important reduction in the consumption of natural gas. In particular, this reduction in demand has focused on natural gas destined for electricity generation as a result of the penetration of renewable energies into the electric mix. The expected consumption levels for 2012 are similar to the year 2005, and it is estimated that it may take several years to reach the 2008 demand figure.

In the gas sector, while there is no problem of deficit of the magnitude of the electricity, the mismatch between costs and revenues has exceeded 10 percent of the revenues regulated in 2011 and, if not adopted (i) measures necessary, immediately, such a mismatch will be increased as a result of the contraction in demand and the construction and incorporation into the remuneration system of an important number of planned infrastructure in the planning.

X

Law 54/1997, of 27 November, of the Electrical Sector, states that the distribution of electricity is of a regulated activity, the economic regime of which will be the subject of regulatory development by the Government.

Following the promulgation of Law 54/1997 of 27 November of the Electrical Sector, the development of the regulations concerning the distribution activity was established in Royal Decree 2819/1998 of 23 December, for which the regulate the activities of transport and distribution of electrical energy and subsequently in Royal Decree 222/2008 of 15 February establishing the remuneration scheme for the activity of the distribution of electrical energy.

Although this last royal decree established a new remuneration methodology that was supported in the regulatory accounting and in a Reference Network Model, the remuneration level that was taken at the beginning of the regulatory period responded to the application of the formulation contained in it, but for the companies with more than 100,000 customers connected to their networks, as well as FEVASA and SOLANAR, were taken into account, according to the additional provision of that real decree, the amounts that came from the previous methodology. During the 2009-2012 regulatory period, it has not been taken into account that the assets contained in that valuation have been depreciated, so that the system is currently paying back, as a remuneration for depreciation, some of which are assets already written off and, in respect of financial remuneration, for the whole of the gross asset and not for the net asset whose cost is that which is pending recovery.

In the Report of the National Energy Commission on the Spanish Energy Sector of March 9, 2012, it is collected for the distribution companies with more than 100,000 customers connected to their networks and FEVASA and SOLANAR, the which were included in the remuneration of these companies for assets which have been depreciated since 2008. Since the remuneration of the distribution activity has for the year 2012 provisional character in accordance with Article 2 of Order IET/3586/2011 of 30 December 2011 establishing the access tolls from 1 January 2012 and the fees and premiums of the special scheme facilities, it is considered appropriate to undermine the remuneration in that amount.

In the case of companies with less than 100,000 customers connected to their networks, the remuneration was basically established by taking the largest of the amounts that resulted from comparing the value resulting from the difference between the energy purchased from the sales tariff to distributors and the energy sold at the rates which were at the time of application and the value resulting from the analysis of the facilities they declared. We therefore have electricity distribution companies that are being paid back on the basis of the margin generated by the supply activity, which is no longer exercised by the distribution companies. As for the companies paid on the basis of the analysis of the facilities, we have that in the updates that have been carried out during the regulatory period, the value of those assets that have been written off has not been discounted. or have been transmitted or closed during that period. In both cases, both if the remuneration is calculated by the margin method or through the valuation of assets, we find that the presence of already depreciated assets has not been taken into account in the remuneration for which the minorization of the remuneration in a percentage similar to that of companies with more than 100,000 customers connected to their networks, as this remuneration has, in accordance with Order IET/3586/2011 of 30 December 2011, provisional character.

On the other hand, and in order to have the information audited at the time of the assessment of the remuneration for new assets put into service, it is established that, with effect on remuneration Since 1 January 2012, the accrual of the remuneration generated by distribution facilities put into service for the year n shall be started from 1 January of year n + 2.

As a result of all the above, it is necessary to review, by way of exception and with the temporary scope indicated, the remuneration of the distribution activity, by promoting the reform of the procedure by which the determines the remuneration of the distribution activity in order to link the remuneration to the unamortised service assets, eliminating unjustified remuneration bags and linking the increase in the remuneration of the activity in the year n to the assets put into service in the year n-2. This measure will have an effect on the remuneration to be received in 2012 and therefore the remuneration for installations put into service during the year 2011 will be received from 1 January 2013.

It is also considered appropriate to take a mini-sentence on the remuneration received by the electricity distribution companies for commercial management, since most of the functions paid by the company are paid for by This concept today is realized by the marketing companies.

In the same way as in the distribution activity and in order to have the information audited at the time of the assessment of the remuneration for new assets put into service, it is established that For the purposes of the remuneration to be paid since 1 January 2012, the accrual of the remuneration generated by transport facilities put into service for the year n shall be started from 1 January of year n + 2. This measure will have an effect on the remuneration to be received in 2012 and therefore the remuneration for installations put into service during the year 2011 will be received from 1 January 2013.

Therefore, it is also appropriate to review the remuneration of the transport activity on an exceptional basis by encouraging a thorough reform of the procedure whereby the remuneration for this activity is determined, with the purpose of tying the remuneration to the unamortised service assets by eliminating unjustified remuneration exchanges and linking the increases in remuneration in the year n + 2 to the assets put into service in the year n.

Royal Decree 1747/2003 of 19 December 2003 regulating the island and extra-island electrical systems adapted the principles of Law 54/1997 of 27 November of the Electrical Sector to the peculiarities of the Extra-island and island systems with the triple objective of ensuring the supply of electricity and its quality to be carried out at the lowest cost and with the smallest possible singularities.

The remuneration of the generation activity must be adequate and sufficient to ensure the continuity of the activities intended for the supply of electrical energy that are developed in these territories, with the objective Additional to improving its economic efficiency.

Order ITC/913/2006 of 30 March approving the method of calculating the cost of each of the fuels used and the procedure for the clearance and clearance of energy in the island's electrical systems and For the purposes of this Regulation, the Commission shall, in accordance with the procedure laid down in Article 1 (2) of Regulation (EC) No 205/97, provide for the application of the rules laid down in Article 2 (1) of Regulation (EC) No 105/2014. In the case of the Commission, the Commission has taken the view that the island and extra-island electrical systems by developing the method set out in the aforementioned Royal Decree 1747/2003 of 19 December 2003.

As evidenced in the Report of the National Energy Commission on the Spanish Energy Sector of 9 March 2012, the extra-island and island compensation has increased significantly since 2003. The report proposes measures, which go through the revision of the orders ITC/913/2006 of 30 March and ITC/914/2006 of 30 March cited, whose implementation is expressly proposed as a matter of urgency.

The analysis of this evolution of the extraction of the generation activities in the island and extra-island electrical systems makes it necessary to review, in the short and medium term, the remuneration model in these systems. systems.

Likewise, in the island and extra-island electrical systems, there has been a slide in conventional thermal production in the last few years from fuel oil in favour of diesel, which is less It is also considerably more expensive, as the issue has been altered by the strengthening of the regional or local emissions restrictions. Consequently, taking into account the proposal of the National Energy Commission in its Report on the Spanish Energy Sector of 9 March 2012, the Minister of Industry, Energy and Tourism is enabled to set limitations on the cost of the which can be assumed from the access tolls derived from fuel changes that are not justified for technical reasons, at the power stations of these systems.

On the other hand, both Royal Decree 1747/2003 of 19 December 2003 and its development orders limit the remuneration for a power guarantee that the total power existing in each of the systems does not exceed the limits (i) the necessary maximum power. This leads to the fact that the new plants are more technically and economically efficient and cannot be paid for a guarantee of power unless measures of an extraordinary nature are taken. This real decree-law establishes the mechanism to encourage the installation of more efficient power plants that move power from central already amortized power plants.

The National Energy Commission obtains its financing in accordance with the provisions of the additional provision of Law 34/1998 of 7 October, of the hydrocarbon sector. Taking into account the context in which the measures contained in this Royal Decree-law are being implemented, and the need for all actors in the sector to contribute to their solution, the mechanisms are also introduced into this standard. necessary to adjust the financing of the Commission. Thus, the rates corresponding to the electricity and gas sectors are decreased, without these reductions affecting the normal functioning and exercise by the National Energy Commission of the activities necessary for the development of the the tasks assigned to it, according to the report of the National Energy Commission on the Spanish Energy Sector of 9 March 2012, maintaining the economic independence of the body.

These reasonable and proportionate revenues for each financial year have been a remnant which has been consolidated as a result of previous financial years, and which is included in the balance sheet of the published balance sheet by that body. For this reason, it is considered appropriate, additionally, that these amounts be considered as liquidable revenues from the electrical and gas systems.

The provisions necessary for the entry into the system, by the Institute for the Diversification and Saving of Energy, of the quantities which have been entered with the the electricity tariff, as a result of Royal Decree 1156/2005 of 30 September and of Royal Decree 1634/2006 of 29 December for the financing of the Action Plan 2205-2007 of the Energy Saving and Efficiency Strategy (E4), as well as of Order ITC/3860/2007 of 28 December and Order ITC/3801/2008 of 26 December 2008 for the The financing of the 2008-2012 Action Plan has not been effectively implemented, as at 30 June 2012, to related actions.

In the same way, the provisions necessary for the entry into the gas system, by the Institute for the Diversification and Saving of Energy, of the quantities which, having been entered in charge of the natural gas tariff, as a result of the orders ITC/3863/2007, of 28 December, ITC/3802/2008, of 26 December, ITC/3520/2009, of 28 December and ITC 3354/2010, of 28 December for the financing of the Plan of Action 2008-2012, have not been effectively implemented, as at 30 June 2012, for actions to them linked.

XI

Another additional measure contributing to the cost reduction of the electricity system is the elimination of the system operator's financing from the permanent costs of the electricity system that must be covered by the the access tolls. Thus, it is envisaged that the system operator will be financed according to a methodology to be fixed by the government in the light of the services it actually provides. A transitional period for adaptation to the new situation is also included until appropriate regulatory developments are made.

While the remuneration of the system operator is currently regulated by the Administration, it has been considered that, given the increase in agents and functions assumed by this operator since the entry into force of the reform of Law 54/1997 of 27 November 1997, provided for in Law 17/2007 of 4 July, and as in the case of the market operator, the passage of its current financing through the access tolls to the persons it provides is appropriate. services. This new funding will help ensure security of supply at the minimum cost.

On 26 February 2011, the mechanism for the resolution of supply guarantees was put in place in accordance with the provisions of Royal Decree 134/2010 of 12 February 2010 laying down the procedure for (a) a decision on restrictions on security of supply and the amendment of Royal Decree 2019/1997 of 26 December on the organisation and regulation of the market for the production of electrical energy. By this procedure, through the market and by capacity payments, the power plants which must consume this coal, receive a regulated remuneration which comes to recognise the costs incurred by the purchase of coal, as well as by the other variable and fixed costs incurred by the plant. With this mechanism, the plants that are not married in the daily market, are programmed by the System Operator in the process of restrictions by guarantee of supply.

The mechanism is assuming an interim direct cost to the consumer that contributes to its financing through capacity payments.

Taking into account that the procedure of supply guarantee restrictions should be maintained in order to maintain the efficiency of the functioning of the market, an alternative to reduce the cost of its application for the market Electricity consumption is the revision of the planned volume of the national coal burning. For this reason, it is considered in the present real decree-law in exceptional way for 2012 a limitation of the total volume to burn in 2012 for the application of the current mechanism of restrictions for guarantee of supply.

Order ITC/3127/2011 of 17 November 2011 regulates the power availability service of capacity payments and modifies the investment incentive referred to in Annex III of Order ITC/2794/2007, of 27 The Commission also took into account the fact that the Commission did not provide any further information. At the present time we are in a situation of low demand for electric power and a risk of deficit in installed capacity that is estimated to be reduced, based on the information available. Therefore, in this context, the review of the remuneration associated with the power availability services of the capacity payments and the incentive to the environmental investment referred to in the provision is deemed necessary. The second part of the Order ITC/3860/2007 of 28 December 2007 for the review of electricity tariffs as from 1 January 2008.

Taking into account this situation, exceptionally for the year 2012, the annual amount for the generation facilities to which the remuneration of the incentive to the investment in long capacity is applied is reduced. the time limit in accordance with Annex III to Order ITC/2794/2007 of 27 September 2007, as well as the amount of the environmental investment incentive referred to in the second provision of the second order of ITC/3860/2007, 28 December, for which the electricity tariffs are revised from 1 January 2008.

In line with the above for capacity payments, account should be taken of the current situation of low-risk of deficit in installed capacity for the purposes of the application of the service of management of the demand for interruptibility Regulation (EU) No 135/2014 of the European Union and of the Council of 16 July 2014 on the control of the use of the power of the consumer in the production of goods and services (OJ C 201, 30.7.2006, p. In fact, the application of this interruptibility service is configured as a tool that flexes the operation of the system and allows rapid and efficient responses to possible emergency situations, so that minimize the impact on system security.

However, in a context of low demand such as the current one, the application of this service is reduced to what is determined in the successive tolls orders. In these orders, it is contemplated that, for the purpose of verifying the effective operation of the service of management of the demand for interruptibility the Operator of the System will randomly apply that service in each year, in 1 percent of the hours of the year in which you anticipate the highest system demand.

This situation justifies and requires a review of the expected costs for the remuneration of the service for the management of the demand for interruptibility, taking into account the use currently made of it.

Finally, the validity of the prices of the last resort tariff applicable to the first quarter of 2012, contained in the Resolution of 30 December 2011, of the General Directorate of Energy Policy and Mines, is hereby extended. establishing the cost of production of electricity and the charges for the last resort to be applied in the period from 23 to 31 December 2011, and in the first quarter of 2012, which has been the subject of a correction of errors by Resolution of 2 February 2012 of the Directorate-General for Energy Policy and Mines.

however, in view of the forecast for the revision of the tolls for access to electricity networks, the Directorate-General for Energy Policy and Mines is expressly enabled to review the prices of electricity. the rate of last resort contained in the aforementioned Resolution of 30 December 2011, incorporating, with effect from 1 April 2012 and ensuring its additivity as provided for in Article 18 of Law 54/1997, of 27 November 2012, the pricing of the corresponding access tolls.

With regard to natural gas, it is known that, according to Law 34/1998, of 7 October, of the hydrocarbon sector and with Royal Decree 949/2001, of 3 August, which regulates the access of third parties to the In order to improve the quality of the market, the Commission will take the necessary steps to take account of the economic and social situation in the Member States and to make it possible to take account of the economic and social situation. fees to be determined, and to the prices paid.

Order ITC/3995/2006 of 29 December 2006 laying down the remuneration of natural gas underground storage facilities included in the basic network introduced for the first time a specific mechanism for the payment of This type of infrastructure. In addition, Article 15 of Royal Decree 949/2001 of 3 August provides that the systems for updating remuneration shall be fixed for periods of four years, in the last year in force for a review and adjustment, in their case, to the situation envisaged for the next period.

Order ITC/3128/2011 of 17 November 2011 regulating certain aspects relating to the access of third parties to gas installations and the remuneration of regulated activities has already been partially updated. certain parameters of such remuneration. However, it is necessary to continue such a review in order to articulate a retributive scheme for underground storage which, without prejudice to its promoters ' recovery, in the normatively established terms, of its investments, are well-suited to the principle of reasonable and sustainable profitability, all in addition in a manner consistent with the new needs of the gas system.

In this sense, the entry into operation of new underground storage is planned in 2012. These facilities have a very high cost and, in accordance with the remuneration scheme set out in Order ITC/3995/2006 of 29 December 2006, the annuities accrued since the year of their implementation should be paid in the year of definitive inclusion in the economic system, which would lead to a timely impact on the system's tolls and charges in the next few years, particularly under the current prospects for the development of demand.

For that reason, it is considered appropriate to make an adjustment of the remuneration scheme for underground storage with a service starting from the year 2012, by suspending the payment of the provisional remuneration to those facilities that requested it and determining that the perception of more than one accrual annuity cannot be accumulated in the same year.

Also, in order to ensure the optimal functioning of the geological structures as underground storage, it is established that the commissioning act is granted in two phases. In this way, in the first place, the Directorates of the areas, or in their case, Dependencies of the Areas of Industry and Energy will extend an act of placing in temporary service, that allows the filling of the gas mattress in order to prove sufficiently the proper functioning of the warehouse. Subsequently, after it has been demonstrated that the installation has operated in accordance with its nominal parameters, the final commissioning act may be extended. In order to ensure the reasonable return on investment to the project holders, on the day following the day of the provisional act, a provisional remuneration may be paid in the case of the project.

Finally, in view of the forecast for the revision of the tolls and the fees for access to the gas system installations, the rate of last resort of natural gas approved by Resolution of the General Directorate of Energy Policy and Mines of 30 December 2011. The Directorate-General for Energy Policy and Mines is also entitled to review the rate of last resort by incorporating the updates to be made to the tolls and access charges to the system as well as the cost of the raw material.

These measures are aimed at ensuring the sustainability of the gas system, avoiding the generation of a tariff deficit or a steep rise in the burdens that both citizens and businesses must bear.

The 2008-2016 electricity and gas sectors ' planning document estimated, annual average electricity demand increases of 3.2 percent in the central scenario and 2.4 percent in the scenario. efficiency, and for natural gas, a 5.0 percent increase in the technical manager scenario and 3 percent in the efficiency scenario. In the same way, the planning document, after a gross domestic product growth of 3 percent a year in the period and plans for investment in the environment of the 1 billion euros per year for each of the two sectors. However, in the period 2008-2011, real demand has been reduced in the period by 3.8 percent for electricity and 16.3 percent for natural gas. This reduction in demand forced the adoption of Order ITC/2906/2010 of 8 November 2010 approving the annual programme of installations and performances of an exceptional nature in the transport of electricity and natural gas networks, in which the need to postpone the construction of some of the gas infrastructure collected in the Planning was reconsidered within the deadlines initially foreseen. In that order ITC/2906/2010 of 8 November, the category 'R' was created, to which all the infrastructures collected in the planning were transferred, the need for which was not justified by the evolution of the demand but which would be reconsidered for the new 2012-2020 Planning exercise.

Demand for the year 2011 has been 7 percent lower than in 2010 and the demand for the electricity system is 2.1 percent lower and the demand for 2012 is estimated to remain at similar levels as in the previous year. These figures require a review of the facilities to be rated as 'R' in the 2008-2016 Planning document for the electricity and gas sectors, with the need to reconsider them in the light of the new financial year. Planning 2012-2020.

The construction of new electrical infrastructures should be limited exclusively to those infrastructures that are essential to ensure the functioning of the system under security conditions, in view of the new scenario. The demand for the next few years and the interconnections with the electrical systems of the bordering states.

On the other hand, the construction of new gas infrastructure will be limited to maintaining the binding international commitments resulting from the construction of gas interconnections, as well as to meet new gas consumers. provided this does not entail costs added to the system.

This measure will have no negative impact on security of supply, as the current situation of electrical and gas systems is very favorable. In particular, the rates of use of gas infrastructure are between 40 and 60 percent up to 2014, and there is a wide diversification of supplies and points of entry to the system.

In the particular case of the gas system, in addition to the financial balance, it is necessary to take measures not to endanger the technical balance of your system. Due to the increase in gas contributions due to international connections and the stagnation of demand, there is an important decrease in the discharges of ships in regasification plants. These plants must have minimum gas stocks and minimum production, which is known as the minimum relicuation flow required for the plant not to be out of service. In the case of not reaching this minimum because there are not enough vessels, the plant may be stopped due to the exhaustion of its stocks, which would result in the partial loss of the malside of the network and the consequent inability to react to it. Inavailability of other facilities, therefore, the security of supply of the system could be jeopardised.

With the imminent entry into operation of new regasification plants in the system, as well as the expected increase in gas contributions by pipeline, this problem will be increased. It is therefore not considered prudent for new regasification plants to start operating and the administrative authorisation, the authorisation of the implementing project or the entry-in-service act of these facilities on the peninsula is delayed. until the demand justifies it. This does not apply to any extensions of existing regasification plants.

These measures should be taken as a matter of urgency. A large number of installations are still pending, and the inevitable delay in the time of the adoption of this measure, which would result in its processing by the ordinary regulatory system, would determine the entry into the market. unnecessary additional facilities system with current levels of demand and forecasts for the next few years.

The National Energy Commission in its Report on the Spanish Energy Sector of 9 March, proposes that an annual program be drawn up immediately and once approved to carry out a new planning on a scenario It is realistic to adapt the infrastructure to the most probable macroeconomic scenario, to the expected evolution of the generation and to the economic situation of the electricity sector and of the national economy as a whole. The measures proposed in this royal decree-law encourage the elaboration of a new planning of the gas and electricity sectors, since although a new planning was being developed, the decrease of the demand, the situation of new Investment in generation and the economic deterioration of the review of the macroeconomic scenario approved by the government make it necessary to revise in depth not only the proposal that was in the process but also the planning in effect.

In its virtue, making use of the authorization contained in article 86 of the Spanish Constitution, on the proposal of the Minister of Industry, Energy and Tourism and after deliberation of the Council of Ministers at its meeting of the March 2012,

DISPONGO:

TITLE I

Amendments to the transposition of energy directives

Article 1. Amendment of Law 54/1997 of 27 November of the Electrical Sector.

Law 54/1997 of 27 November of the Electrical Sector is amended as follows:

One. Article 3 (5) is amended as follows:

" 5. Without prejudice to the powers conferred on the various bodies of defence of the competition, they shall correspond to the National Energy Commission in relation to the electricity sector, in addition to the functions assigned to it in the legislation. in force, the functions set out in the third paragraph of the 11th additional provision of Law 34/1998 of 7 October of the hydrocarbon sector. '

Two. Article 9 (a) and (g) are amended as follows:

" (a) Electrical energy producers, who are those natural or legal persons who have the function of generating electrical energy, either for their own consumption or for third parties, as well as for the construction, operation and maintenance of electricity the production plants.

In no case shall the condition of producers be granted to consumers with the unique supply arrangements referred to in paragraph (g) of this Article.

(...)

g) Consumers who are the natural or legal persons who purchase the energy for their own consumption.

Reglamentarily, it may be possible for certain consumers to establish singular supply modalities to promote the individual production of electric power intended for consumption at the same location, detailing the of rights and obligations resulting therefrom.

Consumers who acquire energy directly in the production market will be referred to as Market Direct Consumers. "

Three. The second paragraph of Article 10.1 is amended, which is worded as follows:

" Consumers to be determined shall be entitled to the supply of electricity at prices which may be fixed and revised by order of the Minister of Industry, Energy and Tourism, with the agreement of the Commission Delegated of the Government for Economic Affairs and will have the consideration of rates of last resort. "

Four. Paragraphs (a) and (d) of Article 14 (2) shall be worded as follows and a new paragraph is included, with the following wording:

" (a) Persons responsible for the management of companies engaged in regulated activities may not participate in organisational structures of the business group which are directly or indirectly responsible for management activities for the generation, placing on the market or for energy-charging services. In addition, and without prejudice to the provisions of the second paragraph of Article 35.2 of this Law concerning the single carrier and the exclusivity of the development of the transport activity, the person responsible for the administration of the network Distribution may not be involved in the day-to-day management of transport activities.

(...)

(d) Companies carrying out regulated activities shall establish a code of conduct in which the measures taken to ensure compliance with the provisions of paragraphs (a), (b) and (c) above are laid down.

The code of conduct shall establish specific obligations of employees, and their compliance shall be subject to appropriate supervision and evaluation by the competent person or body designated by the company to that effect. The person in charge of assessing compliance will be fully independent and will have access to all the information of the company and any of its subsidiary companies that it requires for the performance of its function.

Annually, the supervisory officer will present a report to the Ministry of Industry, Energy and Tourism and the National Energy Commission, which will be published in the "Official State Gazette", indicating the measures taken to achieve compliance with the provisions of paragraphs (a), (b) and (c) above.

e) The separation of activities and, in particular, the functional separation, to which effect the obliged companies must submit to the Ministry of Industry, Energy and Tourism and the National Energy Commission the code of conduct provided for in Article 14.2.d) of this Law before 31 March of each year in respect of the preceding financial year. "

Five. Article 14 (3) and (4) are renumbered as paragraphs 4 and 5, respectively, and a paragraph 3 is included with the following wording:

" 3. Distribution companies that are part of a group of companies that carry out regulated and free activities in the terms provided for in this Law, will not create confusion in their information and in the presentation of their brand and brand image. in respect of the identity of the subsidiaries of the same group performing marketing activities, without prejudice to the infringements provided for in the rules in force in this respect. '

Six. Article 34 (1) is amended as follows:

" 1. The main function of the system operator shall be to ensure the continuity and security of the electricity supply and the correct coordination of the production and transport system. He will perform his duties in coordination with the operators and subjects of the Iberian Electric Power Market under the principles of transparency, objectivity and independence. The system operator will be the transport network manager.

The operator of the system referred to in the preceding paragraph shall take the form of a commercial company and its corporate status shall be subject to the following conditions:

a) No natural or legal person shall be entitled:

1. To exercise control, directly or indirectly, on a company carrying out any of the functions of generation or marketing, and simultaneously exercise control, in a direct or indirect manner or to exercise any right in the system operator, or

2. To exercise control, directly or indirectly, on the system operator and simultaneously exercise control, directly or indirectly, or exercise no rights in a company carrying out any of the functions generation or marketing.

(b) No natural or legal person shall have the right to appoint members of the system operator's administrative body if, directly or indirectly, it exercises control or exercises rights in a company that performs any of the generation or marketing activities.

(c) No natural or legal person shall have the right to be a member of the administrative body, at the same time as a company performing any of the generation or marketing activities and in the system operator.

(d) The rights referred to in paragraphs (a) and (b) above shall include, in particular:

1. The ability to exercise voting rights in relation to the governing bodies or government of companies;

2. The faculty to appoint members of the administrative organ or bodies legally representing the company, or

3. The possession of majority shareholding in accordance with Article 42.1 of the Trade Code.

For the purposes of paragraph 1 (a), they shall also be included in the concept of 'undertaking carrying out any of the functions of generation or marketing' to those performing the activities of the production and marketing in the natural gas sector. "

Seven. Two new Articles 34 bis and 34 b are added, with the following wording:

" Article 34a. Designation and certification of the transmission system operator.

1. A commercial company acting as an operator of the system shall be authorised and designated as the transmission system operator by the Minister for Industry, Energy and Tourism. Prior to this designation, it shall be certified by the National Energy Commission in respect of the fulfilment of the requirements laid down in Article 34.2 of this Law, in accordance with the procedure laid down in this Law. Article.

Once the first designation and authorization of the transmission system operator is made, the National Energy Commission will control that the said society remains in compliance with the requirements set out in the article. 34.2 using the established certification procedure for this purpose. Such certifications to be carried out in relation to the maintenance of the requirements may result in a new designation and authorisation of the transmission system operator.

The design of the transmission system operator shall be notified to the European Commission for the purposes of its publication in the Official Journal of the European Union.

2. The National Energy Commission shall initiate the certification procedure following the request or notification by the undertaking concerned, following a reasoned request from the Ministry of Industry, Energy and Tourism or the European Commission, or on the initiative in cases where it has knowledge of possible transactions which may give rise to or have resulted in the non-compliance with the requirements laid down in relation to the separation of activities.

3. The National Energy Commission shall, after hearing and on a reasoned basis, adopt a provisional resolution on certification within the maximum period of four months from the date of submission of the application or notification. That time limit shall be deemed to be the provisional certification granted.

4. In all cases, the National Energy Commission shall communicate to the European Commission its provisional decision on the certification of the undertaking concerned accompanied by the relevant documentation relating thereto, in order to The Commission will give its opinion on the adoption of the final resolution. It shall also send a copy of the file to the Ministry of Industry, Energy and Tourism.

If the European Commission does not deliver an opinion within the time limit provided for in the Community legislation, it shall be deemed not to object to the provisional resolution of the National Energy Commission.

5. Within two months of receipt of the opinion delivered by the European Commission, or the time limits provided for in the Community legislation have been exhausted, the National Energy Commission shall decide on the certification, The European Commission has decided to comply with the European Commission's decision. This resolution, together with the opinion of the European Commission, should be published in the Official Journal of the State and in the Official Journal of the European Union. Certification shall not be effective until publication.

6. The National Energy Commission and the European Commission will be able to ask the transmission system operators and companies to carry out any of the generation or marketing activities any useful information for the performance of the functions referred to in this Article. Without prejudice to the foregoing, they shall maintain the confidentiality of sensitive information for commercial purposes.

Article 34 ter. Certification in relation to countries outside the European Union.

1. The National Energy Commission shall notify the European Commission of any circumstances which result in the transmission system operator being under the control of one or more persons from one or more third countries. For this purpose, the transmission system operator shall notify the National Energy Commission of any circumstances that may result in this fact occurring.

2. The National Energy Commission shall initiate the certification process in accordance with the procedure and time limits provided for in Article 34a. Will deny certification if it has not been demonstrated:

(a) that the entity in question complies with the requirements of Article 34; and

(b) that the granting of certification shall not endanger the security of national supply and security of the European Union, taking into account the rights and obligations of Spain and the European Union in respect of that third country; and other data and specific circumstances of the case and of the third country concerned.

In the notification of the draft resolution to the European Commission, the National Energy Commission will request a specific opinion on whether the entity in question meets the requirements for separation of activities, and whether the The granting of certification would not jeopardise the security of supply in the European Union.

3. Once the European Commission has given its opinion, in accordance with the procedure and time limits laid down in the Community standard of application, the National Energy Commission will decide on the certification, taking into account the opinion of the Commission.

When the final decision differs from the opinion of the European Commission, the reasons for the decision shall be made public. "

Eight. A new paragraph (p) is added to Article 41 (1), with the following wording:

"p) Meet the deadlines that are set for the actions that correspond to the changes of the supplier."

Nine. Article 44 (5) and (6) are renumbered as paragraphs 6 and 7 respectively, while paragraphs 4 and 5 are worded as follows:

" 4. Consumers of electricity that comply with the social, consumer and purchasing power characteristics to be determined shall be considered as vulnerable consumers. In any case, they shall be limited to natural persons in their habitual dwelling.

Appropriate measures will be taken to ensure adequate protection for vulnerable consumers.

The definition of vulnerable consumers and the requirements to be met, as well as the measures to be taken for this collective, will be determined by the Government.

5. Regulations shall be laid down by the competent authorities for consumer protection measures to be taken into account in the contractual conditions for the supply contracts of the traders with those consumers. for their consumption characteristics or supply conditions require specific contractual treatment.

The procurement mechanisms and billing conditions for supplies, including supplier change procedures, to be performed within three weeks, will also be established. Resolution of complaints. In these developments, the establishment, by the competent administrations, of unique contact points in coordination with the National Energy Commission, will be considered, in accordance with the provisions of the 11th Law. 34/1998 of 7 October of the hydrocarbon sector to provide consumers with all the necessary information concerning their rights, the legislation in force and the dispute settlement procedures available to them in the event of a dispute.

Also, in the event that a marketer does not meet some of the obligations set out in paragraphs (a), (b) and (h) of Article 45.1 of this Law, or does not meet within the time limits for other payment obligations. The Ministry of Industry, Energy and Tourism will determine, after a hearing procedure and in a motivated, objective and transparent manner, the transfer of the clients of that market to a marketing of last resort. It shall also determine the marketer of last resort to which customers are transferred and the conditions of supply of such customers.

The above shall be without prejudice to any sanctions that may be imposed in accordance with the provisions of Title VI of this Law. "

Ten. Article 45 (1) (j) shall be renumbered as paragraph (k), and three new paragraphs (j), (l) and (m) shall be added, all of which are as follows:

" (j) Be at the disposal of the Ministry of Industry, Energy and Tourism, the National Energy Commission, the National Competition Commission and the European Commission for the purpose of fulfilling their respective duties, at least five years, data on all transactions in electricity supply contracts and electricity-related derivatives subscribed to wholesale customers and transmission system operators, according to the terms of the Regulation is determined.

The provisions of this paragraph shall not create additional obligations in respect of the bodies referred to in the preceding paragraph for entities falling within the scope of Law 24/1988 of 28 July 1988 on the Values.

In case the entities mentioned in the first paragraph of this sub-section need to access data held by entities that fall within the scope of the Law 24/1988, of July 28, of the Securities Market, the National Securities Market Commission will provide you with the necessary data.

k) Inform your customers about the origin of the energy supplied, as well as the environmental impacts of the different energy sources and the proportion used between them.

l) Inform your clients about their rights to the dispute settlement paths that they have in the event of litigation.

For the supply to final consumers, they must have a service of attention to their complaints, complaints, requests for information or communications of any incident in relation to the service contracted or offered, by making available a postal address, a telephone service and a telephone number, both free of charge, and a fax number or an e-mail address to which they can be sent directly. Providers shall communicate their legal address if the legal address does not coincide with their usual address for correspondence.

m) Meet the deadlines that are set for the actions that correspond to the changes of the supplier. "

Once. Article 46 is worded as follows:

" Article 46. Demand management.

1. Electricity companies, consumers and the system operator, in coordination with other operators, will be able to carry out and implement measures that encourage an improvement in the management of electricity demand and contribute to the optimization of the load and/or energy efficiency and savings.

2. Without prejudice to the foregoing, the Administration may adopt measures which encourage the improvement of service to users and energy efficiency and savings, either directly or through economic operators whose object is savings and introduction. of the highest efficiency in the final use of electricity.

The fulfilment of the objectives set out in these measures may give rise to the recognition of the costs incurred for their implementation, which shall be considered as costs of diversification and security of supply. For the purposes of this recognition, the measures must be approved by the Ministry of Industry, Energy and Tourism, after the Autonomous Communities have been informed in their territorial scope.

These measures include the contracts for the provision of the interruptibility service managed by the system operator. "

Twelve. Article 6a (4) is worded as follows:

" 4. The application of tolls, prices or rates not authorized by the Administration. "

Thirteen. Article 6a (8) is worded as follows:

" 8. Non-compliance with legally binding resolutions or requirements imposed by the competent authority, including the National Energy Commission, or by the system operator in the field of its functions, where it is detrimental relevant to the operation of the system. "

Fourteen. Article 61.a (4) is worded as follows:

" 4. Failure to comply with legally binding resolutions or requirements imposed by the competent authority, including the National Energy Commission, or by the system operator in the field of its functions, where it does not result injury relevant to the operation of the system. "

Fifteen. Two new paragraphs 22 and 23 are added to Article 61.a) with the following wording:

" 22. Failure to comply with the provisions contained in the European Union Regulations concerning the conditions for access to the network for cross-border trade in electricity.

23. Failure by the distribution and marketing companies to comply with the maintenance obligations and the proper functioning of a service to the consumer, as well as the protection measures to the consumer. consumer in accordance with the provisions of this Law and its implementing legislation. "

Sixteen. A new paragraph 3 is added to Article 66 with the following wording:

" 3. The National Energy Commission, within its scope of action and the tasks entrusted to it, may impose effective, proportionate and dissuasive penalties on electric undertakings for the administrative offences defined as such very serious in paragraphs 1, 2, 5, 6 and 7 of Article 60.a) of this Law, as well as those classified in paragraphs 8, 9 and 10 of that Article, in relation to non-compliance with legally binding resolutions or requirements of the National Energy Commission in the field of its competences.

Likewise, the National Energy Commission will have the power to sanction the commission of the serious infringements referred to in the previous paragraph when, for the circumstances, they cannot be qualified as very serious and, in particular, in the case of the typified in paragraphs 4 and 5 of Article 61.a) of this Law, in relation to non-compliance with legally binding resolutions or requirements of the National Energy Commission in the the scope of their powers.

The National Energy Commission will have the power to sanction those minor infractions as defined in Article 62 of this Law, in relation to non-compliance with legally binding resolutions or requirements of the National Energy Commission in the field of its competences.

In any event, the amount of the penalty shall not exceed 10% of the net annual amount of the business figure of the transmission system operator to that manager, or 10% of the net annual amount of the consolidated business of the parent company of the vertically integrated group to that vertically integrated undertaking, as the case may be. '

seventeen. The additional twenty-third provision shall be amended as follows:

" Additional twenty-third disposition.

subsidiary companies of " Red Electrica Corporación, S.A.

1. For the purpose of carrying out the tasks relating to the operator of the system and the transmission system operator as defined in Article 34 (2), the company "Red Electrica de España, S.A.U." proceed to the creation, within its structure, of a specific organic unit which shall exclusively exercise the functions of the operator of the electrical system and the transmission system operator with adequate accounting and functional separation, giving compliance with the criteria laid down in Article 14, in respect of the other activities of the undertaking.

The executive director of the specific organic unit referred to in the previous paragraph will be appointed and dismissed by the Board of Directors of the company " Red Electrica Corporación, S.A. Industry, Energy and Tourism.

The staff of the Unit carrying out the duties as the system operator and the transmission system operator shall subscribe to the code of conduct referred to in Article 14 of this Law by ensuring their independence. for all other units in the business group.

2. The parent company shall be subject to the provisions of Article 34 (1) of this Law and shall also have the following limitations:

(a) You may participate in any natural or legal person, provided that the sum of your direct or indirect participation in the capital of this company does not exceed 5 percent of the share capital or exercise political rights by above 3 percent. These actions may not be indicated for any purpose.

(b) Those subjects who engage in activities in the electrical sector and those natural or legal persons who, directly or indirectly, participate in the capital of such subjects with a share of more than 5%, may not exercise political rights in that parent company above 1%, without prejudice to the limitations set out in Article 34 (2) of this Law for generators and marketers.

The above limitations will not apply to the participation of the State Society of Industrial Participations, which will maintain, in any case, a participation in the parent company Red Electrica Corporation, S.A., not less than 10 percent.

3. The National Energy Commission shall be entitled to the exercise of the legal actions intended to make effective the limitations imposed on this precept.

For the purposes of computing the participation in such shareholders, they shall be attributed to the same natural or legal person, in addition to the shares and other securities held or acquired by the entities belonging to the same group, such as as defined in Article 4 of the Law 24/1988 of 28 July of the Stock Market, those whose ownership corresponds to:

(a) To persons acting in their own name but on behalf of that person, in a concerted manner or forming a decision unit with it. Unless otherwise proved, they shall be understood to act on behalf of a legal person or in a concerted manner with the members of its administrative body.

(b) To the partners, together with those who exercise control over an entity dominated as provided for in Article 4 of Law 24/1988 of 28 July of the Securities Market.

In any event, account shall be taken of both the Sunday ownership of the shares and other securities and the voting rights enjoyed under any title.

4. Failure to comply with the limitation on the participation in the capital referred to in this provision shall be considered to be a very serious infringement of the effects referred to in Article 60 of this Law, the natural persons or persons being responsible (a) a legal entity which is the holder of the securities or to whom the excess of the share of the capital or the voting rights is attributable, in accordance with the provisions of the preceding paragraphs. In any event, the sanctioning regime provided for in this Law shall apply.

5. Red Electrica Corporación, S.A. may not transmit to third parties the shares of subsidiaries that carry out regulated activities.

6. Red Electrica Corporación, S.A. shall be prohibited from carrying out activities other than the operation of the system, the transport and management of the transport network through the regulated subsidiaries, including the taking of shares in companies to perform other activities.

7. The political rights corresponding to the shares or other securities held by persons participating in the capital of the parent company Red Electrica Corporación, S.A., which exceed the maximum limits indicated in this provision, shall remain in suspended since the entry into force of the royal decree-law transposing directives on internal markets in electricity and natural gas and in the field of electronic communications, as long as they do not conform to these limits. "

Eighteen. An additional twenty-sixth provision is added with the following wording:

" Additional twenty-sixth disposition. International cooperation mechanisms for the implementation of the commitments arising from the renewable energy directive.

1. The General Administration of the State shall provide the framework for the implementation of the cooperation mechanisms provided for in Community legislation for the promotion of the use of energy from renewable sources and, in particular, from the referred to in 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. Within the mechanisms of international cooperation that may be provided in this way, the following shall be included:

(a) The statistical transfers between Member States of certain amounts of energy from renewable sources.

b) The implementation of joint projects with other Member States.

c) The implementation of joint projects with third countries.

d) Coordination with support systems for energy from renewable sources established in other Member States.

The application of these mechanisms will at all times ensure the safety of the electrical system and cannot in any event lead to a reduction or loss of energy from renewable sources produced in Spain.

2. The implementation of the relevant projects or individual actions will be subject to approval by the Ministry of Industry, Energy and Tourism which, for this purpose, will take into account the condition of the energy transport structures and energy planning as a whole. "

nineteen. The transitional provisions twenty-first and twenty-first are added, with the following wording:

" Transient disposition. Vulnerable consumers.

Until the development of the provisions of Article 44 (4) of this Law, a consumer shall be deemed to be vulnerable when he is within the scope of Article 2 and transitional provision The second part of the Royal Decree-Law 6/2009 of 30 April 2009 adopting certain measures in the energy sector and approving the social bond, as well as in the second provision of Royal Decree-Law 14/2010 of 23 December 2010, which urgent measures are put in place for the correction of the electricity tariff deficit.

The marketing companies will have to make available to consumers a telephone service and a telephone number, both free of charge, in order to meet requests for information on the aspects relating to the procurement and supply.

Transient disposition twenty-first. Transport network manager certification.

The transmission system operator, in order to exercise as such in the terms provided for in the regulations, must be previously certified by the National Energy Commission in relation to the ownership of the transport network and the compliance with the requirements laid down in Article 34.2 of this Law, in accordance with the procedure laid down in Articles 34a and 34b, where appropriate. '

Article 2. Amendment of Law 34/1998 of 7 October of the hydrocarbon sector.

Law 34/1998 of 7 October of the hydrocarbon sector is amended as follows:

One. Article 3 (3) is amended as follows and the current paragraph 4 is deleted:

" 3. Without prejudice to the powers conferred on the various defence bodies, the National Energy Commission shall, in addition to the tasks assigned to it in the legislation in force, be responsible for the functions of the third of the 11th additional provision of this Law. "

Two. Article 54 is amended as follows:

" Article 54. Scheme of activities.

1. The activities of manufacture, regasification, storage, transport, distribution and marketing of gaseous fuels may be carried out freely in the terms provided for in this Title, without prejudice to the obligations that may be derive from other provisions, and in particular from the tax authorities and those relating to the organisation of the territory and the environment and the defence of consumers and users.

They are gaseous fuels for the purposes of this Title:

a) Natural gas and its specialty liquefied natural gas and compressed natural gas.

b) Fuel gases manufactured or synthetic, where one can distinguish between:

1. Natural gas mixtures, butane or propane with air.

2. º Biogas and/or any other gas obtained from biomass.

3. º Any other type of manufactured or synthetic gas or fuel gas mixture with air.

The provisions of this Title shall not apply to liquefied petroleum gases which shall be governed by the provisions of Title III.

2. The activities of import, export and trade in gaseous fuels shall be carried out without further requirements than those resulting from Community legislation.

3. The rules laid down in this Law in relation to natural gas shall also apply, in a non-discriminatory manner, to biogas and gas obtained from biomass or other types of gas provided that it is technically possible and safe to inject such gases into the natural gas network and transport them.

For these purposes, the requirements for the composition of these gases shall be established in order to ensure the safety of persons, facilities and consumer equipment as well as the proper conservation of such gases. "

Three. Article 56 (1) is amended as follows:

" 1. For the purposes laid down in this Law, the manufacture of combustible gases shall be taken into account, provided that they are intended for the final supply to consumers by pipeline, the manufacture of manufactured gaseous fuels or synthetic, including the mixture of natural gas, butane or propane with air. '

Four. Article 57 is amended as follows:

" Article 57. Provisioning.

1. Consumers shall have the right of access and connection to the transmission and distribution networks of natural gas under the conditions laid down by the Government after consulting the Autonomous Communities.

2. Consumers who will be determined will have the right to benefit from the supply at prices which will be fixed and reviewed by the Minister for Industry, Energy and Tourism, after the Government's Delegation for Economic Affairs Agreement, and which will have the consideration of the rate of last resort. The rate of last resort shall be the price charged by traders of last resort to consumers who are entitled to benefit from it.

3. The Minister for Industry, Energy and Tourism may lay down specific supply conditions for certain consumers who, due to their economic, social or supply characteristics, have the consideration of vulnerable customers.

4. The competent authorities, in coordination with the National Energy Commission, shall establish single contact points in order to provide consumers with all the necessary information concerning their rights, the legislation in force and the conflict resolution that they have in case of litigation. "

Five. A new article 57.a is added with the following wording

" Article 57a. Consumer rights in relation to the supply.

Consumers will have the following rights:

a) Make gas acquisitions in accordance with Chapter II of Title IV of this Law.

b) Choose the supplier for the purchase of natural gas.

c) Request verification of the smooth operation of the measurement equipment for your supply.

(d) Dispose of a telephone support service provided by the distributor to which its premises are connected, operating 24 hours a day, to which it may address possible incidents of security at its premises. Such a number shall be clearly identified in invoices and shall in any case be facilitated by the marketer to the consumer.

e) Have a contract with the marketer that you specify:

1. the identity and address of the supplier,

2. the services provided, the level of quality proposed and the deadline for the initial connection,

3. the type of maintenance service to be offered,

4. How to get updated information on all applicable fees and maintenance expenses,

5. the duration of the contract, the conditions for the renewal and termination of the services and the contract and, where permitted, the withdrawal of the contract without costs,

6. the applicable compensation and reimbursement agreements if the contracted quality levels are not met, including incorrect and delayed billing,

7. the method for initiating a conflict resolution procedure in accordance with paragraph j),

8. Information on consumer rights, including information on the handling of complaints and all information referred to in this paragraph, clearly communicated through invoices or websites Internet of natural gas companies, and

9. the conditions will be equitable and will be made known in advance. In any event, this information must be communicated prior to the conclusion or confirmation of the contract. Where contracts are concluded through intermediaries, the information referred to above shall also be communicated prior to the conclusion of the contract.

f) Be duly advised of any intention to modify the terms of the contract and informed of their right to terminate the contract when they receive the notice. Traders shall directly notify their customers of any price increase at the appropriate time and not later than a normal billing period after the increase has entered into force, in a transparent manner and understandable. Customers may terminate the contract at no cost if they do not accept the new conditions that have been notified to them by their gas marketer.

g) Receive transparent information on the prices, rates and general conditions applicable to access to and use of gas services.

h) To be able to freely choose the mode of payment, so that there is no undue discrimination between consumers. Early payment systems shall be fair and reflect the likely consumption appropriately. Any difference in the conditions shall reflect the costs incurred by the supplier for the different payment systems. The general conditions shall be fair and transparent. They shall be explained in clear and comprehensible language and shall not include non-contractual obstacles to the exercise of the rights of clients, for example, excessive contractual documentation. Customers will be protected from abusive or misleading methods of sale.

i) Change supplier at no cost.

j) Dispose of procedures to deal with your claims. In particular, all consumers will have the right to a good level of service and handling of complaints by the gas service provider. Such out-of-court settlement procedures shall allow for the fair and speedy resolution of disputes, preferably within three months and shall, where justified, provide for a system of reimbursement and/or compensation.

Where possible, the procedures in question shall be in accordance with the provisions of Commission Recommendation 98 /257/EC of 30 March 1998 on the principles applicable to the bodies responsible for the solution The Court of Justice of the European Court of Justice

held that

k) For customers connected to the gas network, be informed of their rights to be supplied, in accordance with the provisions of the applicable national legislation, with natural gas of a certain quality at reasonable prices.

l) To have at your disposal your data of consumption and power, by explicit and free agreement, to give access to the measurement data to any registered supply company. The data management party will be obliged to provide this data to the company, using the formats and procedures developed in regulation. Additional costs for this service may not be invoiced to the consumer.

m) To be adequately informed of actual gas consumption and the corresponding costs with the frequency to be regulated, so as to allow them to regulate their own gas consumption. The information shall be provided in sufficient time, taking into account the capacity of the customer's measurement equipment. Additional costs for this service may not be invoiced to the consumer.

n) Receive a settlement of the account after any change of natural gas supplier, within the maximum period of six weeks from the date of the change of supplier.

or) Access to facilities owned by third parties, regasification, storage, transportation and distribution, as provided for in Law 34/1998, of 7 October, of the hydrocarbon sector, and regulations that the develop. "

Six. Article 58 is worded as follows:

" Article 58. Subjects acting on the system.

Activities for the supply of natural gas by pipeline will be developed by the following subjects:

(a) Carriers are those commercial companies authorized for the construction, operation and maintenance of facilities for the regasification of liquefied natural gas, transportation or basic gas storage natural.

The transmission system operators are those commercial companies authorized for the construction, operation and maintenance of trunk and certified network facilities in accordance with the procedure laid down in the Article 63a. They also have the consideration of transport network managers by independent network managers.

Independent network managers are those commercial companies that manage trunk network facilities that they do not own and are authorized to build, operate and maintain in accordance with provided for in Article 63c.

(b) The Technical Manager of the System shall be responsible for the operation and management of the Basic Network and secondary transport networks as defined in this Law in accordance with the functions set out in Article 64. You will also be responsible for maintaining the conditions for normal system operation.

(c) Distributors are those commercial companies authorized for the construction, operation and maintenance of distribution facilities intended to place gas at consumption points.

Distributors may also build, maintain and operate secondary transport network facilities, and must keep separate accounts of both activities in their internal accounts in accordance with the provisions of the Article 63.

(d) The marketers are the commercial companies which, by accessing the facilities of third parties in the terms set out in this Title, acquire the natural gas for sale to the consumers, to others traders or to make international transits. In addition, commercial companies are marketed to sell liquefied natural gas (LNG) to other marketers within the gas system or to final consumers.

e) End consumers, who are the ones who acquire gas for their own consumption and will have the right to choose a supplier. In the event that they directly access the third-party premises, they will be referred to as Market Direct Consumers.

In addition, they will have the final consumer consideration for the purposes provided for in this Law, the companies that supply natural gas, biogas or manufactured gases for use as fuel in refueling stations, always which are supplied from a marketer. Installations intended for this purpose must comply with the technical and security conditions which they are required to provide.

(f) The Office of Supplier Changes, which shall be the trading company responsible for the supervision and, where appropriate, management of the change of supplier of final consumers. "

Seven. Article 59 is worded as follows:

" Article 59. Gas system and basic natural gas network.

1. The gas system shall comprise the following facilities: those included in the core network, secondary transport networks, distribution networks, non-basic storage networks and other complementary facilities.

2. For the purposes set out in this Law, the basic natural gas network shall be composed of:

a) The natural gas primary transportation pipelines at high pressure. Those whose maximum design pressure is equal to or greater than 60 bars shall be considered as being differentiated between:

1. Network backbone: Interlinked primary transport pipelines essential for the operation of the system and security of supply excluding the part of the primary transport pipelines used primarily for the local supply of natural gas. In any case the international connections of the Spanish gas system with other systems, the connections with natural gas fields inside or with basic storage, the connections with the plants of the regasification, compression stations and auxiliary elements necessary for their operation.

2. Local Influence Network: Transport pipelines used primarily for the local supply of natural gas.

b) Liquefied natural gas regasification plants that can supply the gas system and natural gas liquefaction plants.

c) The natural gas buffers, which can be supplied by the gas system.

3. Secondary transport networks are formed by the maximum design pressure pipelines between 60 and 16 bars.

4. Distribution networks shall comprise pipelines with maximum design pressure equal to or less than 16 bars and those other than, irrespective of their maximum design pressure, the purpose of which is to drive the gas to a single consumer on the basis of a pipeline from the Basic or secondary transport network.

5. Non-basic natural gas storage facilities are the natural gas storage structures in the subsoil and the surface installations that are required, either temporarily or permanently, for the development of the operating activity of the underground storage of natural gas, including gas pipelines between storage and the basic natural gas network. These facilities shall be excluded from the remuneration scheme of the natural gas system. '

Eight. The wording of the second subparagraph of Article 62 (2) shall be as

:

" In the case of companies which have as their object the carrying out of regulated activities, in accordance with Article 60.1 of this Law, they shall keep separate accounts for each of them that differentiate between between the revenue and expenditure strictly attributable to each of those activities. In addition, independent network operators shall keep separate accounts for each managed undertaking in their accounts, differentiating the revenue and expenditure attributable to such management. '

Nine. The wording of the first subparagraph of Article 62 (4) becomes the following:

" 4. The entities operating in the gas system shall provide the competent authority with the information required to them, in particular in relation to the supply and gas supply contracts which they have concluded and with their annual accounts to be audited in accordance with the provisions of the Royal Legislative Decree 1/2011 of 1 July, approving the recast of the Audit of Accounts Law and the provisions that develop it. The audit shall verify in particular that the obligation to avoid discrimination and cross-subsidisation between regulated activities and between these and liberalised activities is respected. '

Ten. Article 63 is worded as follows:

" Article 63. Separation of activities.

1. Commercial companies which develop some or some of the regulated activities of regasification, basic storage, transport and distribution referred to in Article 60.1 of this Law must have as their exclusive social object the development of these activities without being able, therefore, to carry out production or marketing activities or take stakes in undertakings performing these activities.

2. Carriers operating a facility within the basic natural gas network as defined in Article 59 (2) shall have as their sole social object in the gas sector the transport activity defined in Article 58.a), may include among its natural gas pipeline assets, and must keep separate accounts of regasification, storage and transport activities in its internal accounts.

3. Undertakings that own facilities belonging to the backbone of pipelines shall operate and manage their own networks, or transfer the management of such networks to an independent network manager in the cases provided for in this Law.

Transport network managers must meet the following conditions:

(a) No natural or legal person who exercises control, directly or indirectly, over the transmission system operator may exercise control, directly or indirectly, on a company carrying out business activities of production or marketing of natural gas, or vice versa.

(b) No natural or legal person who is a member of or has the right to appoint members of the Board of Directors or bodies legally representing the transmission system operator may exercise control or rights in a company that carries out any of the functions of production or marketing of natural gas. You will also not be able to transfer transport network manager personnel to companies that perform production or supply functions.

For these purposes, a company shall be deemed to exercise the control of another company in accordance with Article 42 of the Trade Code.

However, the above, those carriers, which were the owners of the backbone of the trunk network before 3 September 2009, and which are part of a business group to which they belong companies that develop production or marketing activities do not comply with the provisions of the preceding paragraph, may choose to maintain ownership of the backbone network as long as they give their management to a manager of an independent network under the conditions laid down in Article 63c.

4. Without prejudice to paragraph 3 for undertakings which own gas backbone installations, a group of companies may develop incompatible activities in accordance with the Law, provided that they are exercised by companies. different and the following independence criteria are met:

(a) Persons responsible for the management of companies engaged in regulated activities may not participate in organisational structures of the business group which are responsible, directly or indirectly, for management daily activities of production or marketing.

(b) Groups of companies shall ensure the independence of persons responsible for the management of companies engaged in regulated activities by the protection of their professional interests. In particular, they shall provide guarantees as regards their remuneration and their termination.

Companies that carry out regulated activities and persons responsible for their management that are determined may not own shares in companies that perform production or marketing activities.

In addition, in relation to regulated activities, persons responsible for the management of companies carrying out distribution activities may not participate in organisational structures of the business group which are responsible, directly or indirectly, for the day-to-day management of the transport activity, and vice versa.

In addition, companies engaged in regulated activities as well as their employees will not be able to share commercially sensitive information with companies in the group of companies to which they belong in the event that they perform liberalised activities.

(c) Companies carrying out regulated activities shall have an effective decision-making capacity, independent of the group of companies, with respect to assets necessary to exploit, maintain, or develop the regasification of liquefied natural gas, and of transportation, storage, and distribution of natural gas.

However, the group of companies shall be entitled to the economic supervision and management of these companies, and may submit to approval the annual financial plan, or equivalent instrument, as well as to establish limits. global to its level of indebtedness.

In no case may the business group instruct companies to carry out regulated activities in respect of day-to-day management, or in respect of particular decisions concerning the construction or improvement of assets. for the regasification of liquefied natural gas, and for the transport, storage, and distribution of natural gas, provided that the provisions of the annual financial plan or equivalent instrument are not exceeded.

(d) Companies carrying out regulated activities shall establish a code of conduct in which the measures taken to ensure compliance with the provisions of paragraphs (a), (b) and (c) above are laid down.

This code of conduct will establish specific employee obligations, and their compliance will be the subject of proper oversight and evaluation by society.

Annually, a report will be presented to the Ministry of Industry, Energy and Tourism, and to the National Energy Commission, which will be published in the Official Journal of the State, indicating the measures taken to comply with the provided for in paragraphs (a), (b) and (c) above.

5. Without prejudice to paragraph 1, any acquisition of shareholdings by those trading companies which carry out regulated activities shall require the prior authorisation to be granted to the company. The 11th additional provision of this Act.

6. Distribution companies that are part of a group of companies that carry out regulated and unregulated activities in the terms provided for in this Law, will not create confusion in their information and in the presentation of their brand and image. trade mark with respect to the identity of the subsidiaries of the same group which carry out marketing activities, without prejudice to the infringements provided for in the rules in force in this respect. '

Once. A new Article 63a is added with the following wording:

" Article 63a. Certification of the transport network managers.

1. Transmission system operators, including independent network managers, must obtain in advance a certification of compliance with the separation of activities requirements granted by the National Energy Commission in accordance with the procedure set out in the following paragraphs.

2. Companies that intend to be managers of an installation belonging to the backbone shall request the aforementioned certification from the National Energy Commission.

In addition, those companies that have been certified shall notify the National Energy Commission of any transaction that may require a control of compliance with the requirements relating to the separation of activities, including any circumstances that may result in a person or persons from a non-EU country taking over part of the backbone or a transmission system operator.

3. The National Energy Commission shall initiate the certification procedure following the request or notification by the undertaking concerned, following a reasoned request from the Ministry of Industry, Energy and Tourism or the European Commission or on the initiative in cases where it has knowledge of possible transactions which may give rise to or have resulted in the non-compliance with the requirements laid down in relation to the separation of activities.

4. The National Energy Commission shall, after hearing and on a reasoned basis, adopt a provisional resolution on certification within the maximum period of four months from the date of submission of the application or notification. That time limit shall be deemed to be the provisional certification granted.

5. In all cases, the National Energy Commission shall communicate to the European Commission its provisional decision in respect of the certification of the undertaking concerned accompanied by the relevant documentation relating thereto, with the aim of The Commission will give its opinion on the adoption of the final resolution. It shall also send a copy of the file to the Ministry of Industry, Energy and Tourism.

If the European Commission does not deliver an opinion within the time limit provided for in the Community legislation, it shall be deemed not to object to the provisional resolution of the National Energy Commission.

6. Within two months of receipt of the opinion delivered by the European Commission, or the time limits provided for in the Community legislation have been exhausted, the National Energy Commission shall decide on the certification, The European Commission has decided to comply with the European Commission's decision. This resolution, together with the opinion of the European Commission, should be published in the Official Journal of the European Union and in the Official Journal of the European Union. Certification shall not be effective until publication.

7. At any stage of the procedure, the National Energy Commission and the European Commission may ask the carrier or undertakings to carry out production or marketing activities for any information useful to the carrier. compliance with the tasks set out in this Article.

The National Energy Commission will ensure the confidentiality of sensitive information for commercial purposes. "

Twelve. A new Article 63b is added with the following wording:

" Article 63 ter. Certification in relation to countries outside the European Union.

1. Where a certification is requested by a company which is controlled by a person or persons from one or more non-member countries of the European Union, the National Energy Commission shall notify the European Commission, as well as any a circumstance that may cause a person or persons in one or more third countries to assume control of part of the backbone or of a transmission system operator.

2. The National Energy Commission shall initiate the certification process in accordance with the procedure and time limits provided for in Article 63a.

In any case, the National Energy Commission will refuse certification if it has not been demonstrated:

(a) that the entity in question complies with the requirements of Article 63; and

(b) that the granting of the certification shall not endanger the security of national energy supply and of the European Union, taking into account the rights and obligations of Spain and the European Union in respect of such third country, and other specific data and circumstances of the case and of the third country concerned.

In the notification of the provisional resolution to the European Commission, the National Energy Commission will request a specific opinion on whether the entity in question meets the requirements for separation of activities, and whether the the granting of the certification shall not jeopardise the security of the energy supply to the European Union.

3. Where the final decision differs from the opinion of the European Commission, the National Energy Commission shall communicate and make public, together with that resolution, the statement of reasons for the decision. '

Thirteen. A new Article 63c is added with the following wording:

" Article 63c. Independent network manager.

1. The undertakings which own the facilities of the trunk network of pipelines which do not comply with the requirements for separation of activities laid down in Article 63.3, and which were owners of those activities before 3 September 2009 installations, they may choose to give their management to an independent network manager.

For these purposes, an independent network manager shall be proposed between the undertakings which have been certified to comply with the requirements for the separation of transport activities and shall apply to the Minister for Industry, Energy and Tourism your approval. Such designation shall be subject to the approval of the European Commission and may be refused if the independent network operator does not comply with any of the requirements set out in this Law and its implementing rules.

2. The independent network manager must:

a) Prove that you have the human, technical, financial, and physical resources required to perform your duties.

(b) Dispose of capacity to comply with the obligations imposed by Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to gas transmission networks natural and repealing Regulation (EC) No 1775/2005, including the cooperation of carriers at European and regional level.

3. The tasks to be carried out by the independent network operator in relation to the facilities of the backbone whose management has been entrusted to it shall be:

a) Conceding and managing requests for access to installations.

b) Sign contracts and collect tolls for third-party access to facilities.

c) Explain, maintain and develop the transport network in accordance with the provisions of the mandatory planning, in this Law and its implementing regulations.

d) Plan the necessary infrastructures for the proper functioning of the facilities they manage, process the corresponding authorizations and build the same ones, as long as the facilities are not object of direct award in accordance with the provisions of Article 67.1 of this Law.

e) Adopt the necessary measures to cover the responsibilities corresponding to their tasks in relation to the assets that have been assigned to them.

4. The owners of trunk network installations that have transferred their management to an independent network manager shall:

a) Cooperate and support the independent network manager for the development of its functions, including the provision of all necessary information.

b) Adopt the necessary measures to cover the liability arising from their assets, except for the functions of the independent network manager.

c) Financing investments decided by the independent network manager and approved by the National Energy Commission, or giving their consent to be funded by any interested party, including the network manager independent. The corresponding financing mechanisms shall be approved by the National Energy Commission, which shall first consult the owner of the assets together with other interested parties.

(d) Carry out the necessary guarantees to facilitate the financing of any extension of the network, with the exception of investments for which the financing of any interested party has given its consent.

e) They shall not be competent for the granting and management of third-party access to the divested facilities or investment planning.

5. For these purposes, the independent network operator and the owner of the backbone facilities shall sign a contract detailing the contractual terms and responsibilities of each of them. This contract must be approved by the National Energy Commission.

6. The National Energy Commission shall monitor that the owner of the transport network and the independent network operator comply with this Article. For this purpose, it may request the information it deems necessary for the exercise of its functions and carry out inspections, including without prior notice, of the facilities of both the operator of the transport facilities and the network operator. independent.

7. The National Energy Commission shall act as a dispute resolution body between the operator of the transport installation and the independent network manager, when one of them claims it. '

Fourteen. A new paragraph (r) is added to Article 64 with the following wording:

" (r) Monitor the correct implementation by the system operators of the measures taken by the Government in emergency situations and draw up a report on the results of such monitoring to be put to Provision of the Ministry of Industry, Energy and Tourism and the National Energy Commission. "

Fifteen. The fourth subparagraph of Article 67 (1) is amended as follows:

" The authorizations for the construction and operation of the transport pipelines subject to compulsory planning, in accordance with Article 4 of this Law, shall be granted by means of a procedure that ensures the concurrency, promoted and resolved by the competent authority in the case of secondary transport pipelines. In the case of installations forming part of the trunk network, the construction and operation of the facilities shall be authorised directly to the undertaking holding the largest part of the facilities of the backbone. In the case of other transport pipelines falling within the competence of the General Administration of the State, operators may be awarded the facilities to which they are connected. '

Sixteen. Article 67 (4) is amended as follows:

" 4. The authorisations for the installation of transport shall contain all the requirements which have been observed in their construction and operation.

Where authorised installations have to be connected to existing installations of a different operator, this, or where appropriate the transmission system operator or the corresponding independent network manager, must allow the connection under the conditions which they regulate are established. "

seventeen. Article 68 is worded as follows:

" Article 68. Obligations for holders of authorisations for the regasification, transport and storage of natural gas.

The holders of administrative authorizations for the regasification of liquefied natural gas and for the transport and storage of natural gas, as well as the independent network managers, in whatever they apply, will have the following obligations:

(a) Carry out their activities in the form authorized and in accordance with the applicable provisions, providing the service on a regular and continuous basis, with the quality levels to be determined and maintained in the facilities in the appropriate conditions of conservation and technical suitability, in accordance with the instructions given by the Technical System Manager and, where appropriate, by the competent authority.

b) Present to the Secretary of State for Energy of the Ministry of Industry, Energy and Tourism and the National Energy Commission, before 15 October each year, the annual and multi-annual investment plans, with a horizon at least ten years.

The annual investment plans shall include at least the data for the projects planned for the following year, their main technical characteristics, budget and timetable for implementation.

c) Facilitate the use of their facilities for the gas movements resulting from the provisions of this Law, and admit the use of all their facilities by all authorized subjects, in conditions not discriminatory, in accordance with the technical standards.

(d) Ensuring the confidentiality of sensitive information for commercial purposes in its possession and to prevent the disclosure of confidential information about its own activities in a discriminatory manner that may involve any commercial advantage.

e) Celebrate regasification, storage, and transportation contracts with those with access to their facilities.

f) Provide any other company that carries out storage, transport and distribution activities, and the system manager, sufficient information to ensure that gas transport and storage can be produced in a manner compatible with the safe and effective operation of the interconnected network.

g) Provide the information in the detail and frequency with which it is required by the competent authority and communicate to the Ministry of Industry, Energy and Tourism the access contracts to its facilities celebrate. They shall also communicate to the authorities of the Autonomous Communities the contracts for access to their facilities where these facilities are wholly or partly situated in that Autonomous Community and the contractor of those services is a qualified consumer, a marketer or a carrier with facilities in that Autonomous Community.

h) Participate in the planning process by proposing the facilities they deem necessary to ensure sufficient capacity according to the demand forecasts and based on what is determined regulentarily. "

Eighteen. The wording of Article 70 is amended as follows:

" Article 70. Access to transportation facilities.

1. The operators of the facilities must allow the use of the same to the market-direct consumers and to the traders who fulfil the required conditions, by means of the separate or joint procurement of the services of transport, regasification and storage, on the basis of principles of non-discrimination, transparency and objectivity. The price for the use of the transport networks will be determined by the tolls in force.

2. Regulations governing the conditions of access of third parties to installations, the obligations and rights of holders of facilities related to third party access, as well as those of direct consumers in the market and marketers. The minimum content of the contracts shall also be defined and, where appropriate, the operating conditions of the secondary capacity market shall be regulated.

3. In the case of access to regasification facilities, basic storage, transport and distribution, access shall be regulated.

Mandatory planning will determine the basic character of the storage based on economic and technical criteria, as well as the storage needs, both strategic and operational, for operation system efficient.

In the case of non-core storage, including indicative planning, access will be negotiated on the basis of transparent, objective and non-discriminatory criteria. Installations shall be excluded from the remuneration scheme of the natural gas system.

The holders of the non-core stores shall submit to the National Energy Commission the methodology for the allocation of capacity to their facilities and the methodologies for the calculation of the fees in order to enable them to verify that the criteria of transparency, objectivity and non-discrimination included in the previous paragraph are met.

They will also communicate to the National Energy Commission and to the Ministry of Industry, Energy and Tourism the main commercial conditions, services offered, contracts they subscribe, price ratio for the use of the facilities, as well as any modifications to the installations, within a maximum period of three months. The National Energy Commission will make public the portion of this information that is not sensitive for commercial purposes.

4. Access to the network may be refused in the event of insufficient capacity or when access to the network would prevent the fulfilment of the supply obligations which would have been imposed or due to serious economic and financial difficulties which could result from the execution of the compulsory purchase contracts, under the conditions and with the procedure to be established in accordance with the criteria of the uniform Community legislation at their disposal.

5. It may also, on the basis of the National Energy Commission, refuse access to the network, where the gas supply undertaking is directly or by means of agreements with other supply undertakings, or those to which any of the they are linked, radiating in a country where similar rights are not recognised and it is considered that a change in the principle of reciprocity may result for the undertakings to which access is required, without prejudice to the criteria to continue with respect to companies of Member States of the European Union under the legislation uniform in the subject matter which it lays down.

6. By way of derogation, it may be exempted from the obligation of third party access in respect of certain new installations or modifications of existing facilities which involve a significant increase in capacity or allow for the development of new sources of gas supply which, due to their unique characteristics, so require, in accordance with the procedure for the authorisation of the exemption provided for in Article 71 of this Law.

In the case of international connections with third-country facilities, which are not part of the European Union, the said derogation will be included in the hydrocarbon planning developed by the Government of the European Union. an agreement with the provisions of Article 4.

The above exception will be the non-inclusion of the installation in the remuneration scheme of the natural gas sector.

7. The consumptions which are supplied exclusively by means of a connection or direct lines connected to a system of access to the system under paragraph 5 of this Article shall comply with the obligations imposed on the This Law, and in particular those resulting from Article 98, with facilities not included in the Basic Network. "

nineteen. A new Article 71 is added with the following title and wording:

" Article 71. Exemption from third party access obligation.

1. The exemption from the obligation of third party access referred to in Article 70 (6) may be requested, provided that they fulfil the following conditions:

a) Investment should strengthen competition in gas supply and enhance security of supply.

(b) The level of risk inherent in the investment is such that the investment would not take place if the exemption was not granted.

(c) The infrastructure shall be owned by a different entity, at least in the legal personality, of the carriers on whose networks the infrastructure is to be built.

d) Fees will be charged to users of the infrastructure.

e) The exemption does not prejudice competition, the effective functioning of the internal market in gas within the European Union, nor the efficient functioning of the regulated network to which the infrastructure is connected.

The exemption from third party access may refer to all or part of the capacity of the new infrastructure or existing infrastructure whose capacity is increased.

2. For these purposes, the owner of the installation will request the exemption from the Ministry of Industry, Energy and Tourism, which will require a report to the National Energy Commission.

The National Energy Commission will forward to the European Commission copies of the requests for exemption received and will analyse each particular case, taking into account, among other aspects, the additional capacity that will be construction or modification of the existing capacity, the planned time frame of the project and the circumstances of the gas sector. In its report, the National Energy Commission will propose conditions regarding the duration of the exemption and non-discriminatory access to the infrastructure.

In its report, the National Energy Commission will also propose the rules and mechanisms for the management and allocation of capacity. In any case, prior consultation shall be carried out on all possible users in relation to their interest in contracting the new capacity before making the allocation thereof, including the capacity for their own use. The results of such prior consultation shall be taken into account by the National Energy Commission in the assessment of compliance with the criteria set out in paragraph 1 of this Article.

The unused capacity shall be offered on the market in a transparent, objective and non-discriminatory manner, and the users of the infrastructure shall have the right to sell the contracted capacity on the secondary market.

3. The National Energy Commission will raise the report along with all the documentation on the file to the Minister of Industry, Energy and Tourism that will resolve by order to be published in the "Official State Gazette". The order shall also be published together with the report adopted by the National Energy Commission on the website of that body.

4. The exemption order shall be notified to the European Commission together with all relevant information related thereto, for the purposes of Article 36.9 of Directive 2009 /73/EC and, where appropriate, shall be adapted, or revoked, whichever is the case. adopt the Commission pursuant to that Article.

5. The exemption decision approved by the European Commission will no longer have effect on the two years of its approval if, by then, the construction of the infrastructure had not been initiated, and the five years of its approval if, by then, the Infrastructure is not operational unless the European Commission decides that delays are motivated.

6. In those cases where the infrastructure for which the exemption has been applied for is located in the territory of more than one Member State of the European Union, the provisions of Article 36.4 of Directive 2009 /73/EC shall be provided. '

Twenty. A new paragraph (t) is added at the end of Article 74.1 with the following wording:

" (t) Meet the deadlines that are established for the actions that correspond to the changes of the supplier. The time limit laid down in regulation may in no case be higher than three weeks. '

Twenty-one. Four new paragraphs are added at the end of Article 81 (2) with the following wording:

" n) For the supply to final consumers, they must have a service of attention to their complaints, complaints, requests for information or communications of any incident in relation to the contracted service or offered, making available a postal address, a telephone service and a telephone number, both free of charge, a fax number and an e-mail address to which they can be sent directly. This electronic communication system must be issued in an automated manner with an acknowledgement of the date, time and number of applications, so that there is a certainty that the citizen's application has entered. Providers shall communicate their legal address if the legal address does not coincide with their usual address for correspondence.

or) Keep at the disposal of the Ministry of Industry, Energy and Tourism, the National Energy Commission, the National Competition Commission and the European Commission, for at least five years, the relevant data on all transactions in gas supply contracts and gas related derivatives with the wholesale customers and transmission system operators, as well as with the LNG storage and network managers.

p) Inform clients about the out-of-court resolution systems of conflicts that they have and how they access them.

q) Meet the deadlines that are set for the actions that correspond to the changes of the supplier. The time limit laid down in regulation may in no case be higher than three weeks. '

Twenty-two. Article 92 (3), (4) and (5) are amended as

:

" 3. Companies carrying out the activities covered by this Title shall provide the National Energy Commission and the Ministry of Industry, Energy and Tourism with all the information necessary for the determination of tolls and charges. This information shall also be available to the Autonomous Communities which so request, as regards its territorial scope.

4. The National Energy Commission shall establish methodologies for the calculation of tolls and charges for basic access services: transport and distribution, regasification, storage and loading of tanks within the remuneration framework and tariff defined in this Law and its development regulations.

The Minister of Industry, Energy and Tourism, prior to the Agreement of the Government of the Government for Economic Affairs, will approve the values of these tolls according to the methodology established by the National Commission of Energy and other system costs that are applicable.

5. Tolls and charges shall take into account the costs incurred by the use of the network in such a way as to optimise the use of the infrastructure and may be differentiated by pressure levels, consumption characteristics and duration of contracts. '

Twenty-three. A third paragraph is added at the end of Article 100, with the following wording:

" The Ministry of Industry, Energy and Tourism in collaboration with the Corporation of Strategic Petroleum Products Reserves will develop and publish, before July 31 each year, a report with the results of the monitoring of the security of supply aspects, as well as the measures taken or planned to address the problems encountered. "

Twenty-four. Two new paragraphs are added to Article 101 with the following wording:

" 3. The Government shall encourage cooperation with third countries in order to develop coordinated mechanisms in the face of emergency situations or supply shortages, as well as to comply with obligations arising from international commitments. acquired.

4. The Government shall notify the European Commission and the other Member States of the measures taken. "

Twenty-five. Paragraphs (g) and (h) of Article 109.1 are worded as follows:

" g) Failure to comply with legally binding decisions and requirements made by the competent administration, including the National Energy Commission, or by the System Technical Manager in the field of its functions, where it results in material injury to the functioning of the system.

(h) The performance of incompatible activities, as well as the non-compliance by the subjects required of the obligation of patrimonial separation, functional separation and the keeping of separate accounts according to the provided for in this Law and in its implementing rules. "

Twenty-six. At the end of Article 109.1, the name of paragraph z.bis is changed by aa) and two new paragraphs are added with the following redactions:

" ab) The non-compliance, in a repeated manner, by the bound subjects of the Regulations and decisions of European Union law that apply to them in the hydrocarbon sector.

(c) The failure of the independent network operators or the owners of the facilities to be managed by them, in accordance with the obligations laid down in Article 63c of the Treaty, to comply with the obligations laid down in Article 63 This Law. "

Twenty-seven. Paragraph (d) of Article 110 shall read as follows:

" (d) Failure to comply with legally binding decisions and requirements made by the competent administration, including the National Energy Commission, or by the System Technical Manager in the field of its functions, where it is not material to the functioning of the system. '

Twenty-eight. At the end of Article 110, three new paragraphs are added with the following redactions:

" (u) Non-compliance by the distribution and marketing companies of natural gas of the maintenance obligations and the proper functioning of a service to the consumer, as well as of the measures consumer protection in accordance with the provisions of this Law and its implementing legislation.

v) Non-compliance by the obliged subjects of the European Union Regulations and Decisions which are applicable to them in the hydrocarbon sector.

w) Non-compliance by independent network managers or owners of facilities whose management has given them the obligations laid down in Article 63c of this Law. "

Twenty-nine. The wording of Article 111 becomes the following:

" Article 111. Minor infractions.

Minor infractions are those violations of mandatory enforcement provisions covered by this Law, in its implementing rules and other implementing rules that do not constitute a serious or very serious infringement, in accordance with the provisions of the two preceding Articles. '

Thirty. The following paragraph shall be added at the end of Article 113 (1

:

" Notwithstanding the limits set out above, in the case of sanctions imposed by the National Energy Commission, the amount may never exceed the following percentage of the amount of the annual turnover of the the infringing undertaking, or the consolidated annual turnover of the parent company of the vertically integrated group to which it belongs:

a) 1 percent in minor infractions.

b) 5 percent in serious violations.

c) 10 percent in very serious infractions. "

Thirty-one. Article 116 is amended as follows:

" Article 116. Powers to impose sanctions.

1. Competition for the imposition of penalties shall be determined by the jurisdiction to authorise the activity in which the infringement was committed, or by the jurisdiction to authorise the relevant installations.

2. Without prejudice to paragraph 4, in the field of the General Administration of the State, the penalties for very serious infringements shall be imposed by the Council of Ministers and by the Council of Ministers for serious infringements by the Minister for Industry, Energy and Tourism. The imposition of penalties for minor infringements shall be the responsibility of the Director-General for Energy Policy and Mines.

3. In the area of the Autonomous Communities, it will be provided for in its own rules.

4. The National Energy Commission shall be competent to impose sanctions in the following cases:

(a) Very serious infractions provided for in Article 109.1. h), i), q, r) and ac).

It may also impose sanctions in the case of infringements listed in paragraphs (d), (g) and (j) of Article 109.1 provided that the infringement occurs due to the refusal of legal decisions. binding, reporting or carrying out inspections and other requirements of the National Energy Commission in the field of its competence.

(b) Serious infractions provided for in Article 110. l), t), u) and w).

It may also impose sanctions in the case of infringements listed in Article 110 (d) and (f), provided that the infringement occurs because of the refusal to comply with legally binding decisions. binding, reporting or carrying out inspections and other requirements of the National Energy Commission in the field of its competence.

c) Minor infractions in relation to non-compliance with legally binding decisions and requirements of the National Energy Commission in the field of their competencies. "

Thirty-two. The following functions of the National Energy Commission are added to the additional provision undecided.Tercero.1, following the 18th function:

" Nineteenth: Establish by means of circulars, prior to the process of hearing and with criteria of economic efficiency, transparency, objectivity and non-discrimination:

i. The methodology for the calculation of the part of the tolls for access to the electricity networks corresponding to the transport and distribution costs, as set out in Article 17.1 of Law 54/1997 of 27 November of the Electricity Sector, in accordance with the tariff and remuneration framework established by that Law and its implementing legislation.

For these purposes, it will be understood as a methodology for calculating tolls, the efficient allocation of transport and distribution costs to consumers and generators.

ii. The methodology for access to cross-border infrastructure, including procedures for allocating capacity and managing congestion, in accordance with the regulatory framework for access to infrastructure and the functioning of the market for the production of electrical energy and the criteria to be determined in a regulated manner.

iii. Methodologies relating to the provision of balancing services between systems managed by different system operators, which from the lowest cost point of view, in a fair and non-discriminatory manner, provide adequate incentives for network users to balance their production and consumption, in accordance with the regulatory framework for the proper functioning of the electrical system.

iv. The methodology for the calculation of tolls and charges for basic services for access to gas installations: transport and distribution, regasification, storage and loading of tanks, within the tariff framework and Remuneration as defined in Law 34/1998 of 7 October of the hydrocarbon sector and in its implementing legislation.

v. The methodology for providing balance sheet services in a way that provides adequate incentives for network users to balance their inputs and outputs from the gas system within the regulatory framework of the access and operation of the system as defined in Law 34/1998 of 7 October, of the hydrocarbon sector and its development regulations.

vi. The methodology for access to cross-border infrastructures, including procedures for allocating capacity and managing congestion, within the regulatory framework for access and operation of the system as defined in Law 34/1998, 7 October, the hydrocarbon sector and its development regulations.

Twentieth: Monitor the management and allocation of interconnection capacity, the time used by carriers and distribution companies to make connections and repairs, as well as the mechanisms for Address capacity congestion on networks.

To this end, it will ensure the proper publication of the necessary information by the transmission system operators and, where appropriate, of distribution on the interconnections, the use of the network and the allocation of Capacities of stakeholders.

Twenty-first: Monitor the separation of transport, regasification, distribution, storage and supply activities in the gas sector, and between generation, transportation, distribution and supply activities in the electricity sector, in particular its functional separation and the effective separation of accounts in order to avoid cross-subsidisation between those activities.

Twentieth second: To be followed by regulatory compliance and procedures that are established related to supplier changes.

Twenty-third: In the natural gas sector, monitor conditions of access to storage, including underground storage, Liquefied Natural Gas (LNG) tanks and gas stored in pipelines, as well as other ancillary services. It will also monitor compliance by the owners of the requirements to be established for non-basic natural gas storage. In the case of the electricity sector, monitor the conditions and connection fees applicable to new electricity producers.

Twenty-fourth: Oversee the investment plans of the transmission system operators, in particular as regards their suitability to the plan of development of the network in the field of the European Union, being able to carry out recommendations for modifying them.

Twenty-fifth: Velar for respect for contractual freedom in respect of interruptible supply contracts, and for long-term contracts provided that they are compatible with existing legislation and Union law European.

Twenty-sixth: Velar for compliance with safety standards and network reliability.

Twenty-seventh: Velar for compliance by carriers and distributors and, where appropriate, by the owners of the networks and by the transmission and distribution system operators, of the obligations imposed in the This Law, Law 54 /1997 of 27 November, of the Electrical Sector and any other applicable provisions including cross-border issues. It shall also ensure the correct application by the subjects acting on the gas and electricity markets of the provisions of the European Union's regulatory provisions.

Twenty-eighth: Monitor technical cooperation between the electricity transmission system operator and third country managers.

Twenty-ninth: Oversee measures for the protection of consumers of gas and electricity, determining the subjects to whose actions are imputable deficiencies in the supply to the users. It will also be able to make regulatory proposals in relation to the quality of service, supply and consumer protection requirements to the Ministry of Industry, Energy and Tourism and the Administrations of the European Communities. Stand-alone.

30th: To monitor the adequacy of the prices and conditions of supply to the final consumers as provided for in Law 34/1998, of October 7 of the hydrocarbon sector and in Law 54/1997, of 27 November, of the Electrical Sector, and its development regulations.

30th First: Monitor in the gas and electricity sectors:

1. The level of transparency and competition, including the level of wholesale prices, and ensure that gas and electricity companies comply with transparency obligations.

2. The degree and effectiveness of market opening and competition, both in the wholesale and retail markets. In addition, in the case of the electricity sector, in the regulated auctions for term procurement.

3. The occurrence of restrictive contractual practices, including exclusivity clauses that may prevent or limit the decision of large non-domestic customers to enter into contracts simultaneously with more than one supplier, placing it in the knowledge of the competent bodies.

Thirtieth second: To inform, to attend and to process, in coordination with the competent administrations, through protocols of action, the complaints raised by the consumers of electrical energy and the field of (a) to provide consumers with all the necessary information concerning their rights, to the legislation in force and to the ways of resolving disputes which they have in the event of disputes. In the annual sectoral report which the National Energy Commission is required to draw up under Article 20 of Law 2/2011 of 4 March on Sustainable Economy, information on the number of informed, attended and/or informed complaints will be included. processed, as well as an assessment of them.

The Minister of Industry, Energy and Tourism will report annually on the complaints submitted, proposing, where appropriate, the corresponding regulatory improvements. "

Thirty-three. In the 11th additional provision, paragraph 5 is amended and paragraphs 6 and 7 are added with the following wording:

" 5. The National Energy Commission shall annually draw up a report detailing the actions carried out for the exercise of the supervisory tasks entrusted to it, as well as the outcome thereof. The content of this report shall be included in the annual sectoral report which the National Energy Commission is required to draw up pursuant to Article 20 of Law 2/2001 of 4 March on Sustainable Economy. It will also propose to the Minister for Industry, Energy and Tourism the corresponding regulatory improvements.

When the National Energy Commission detects, in the exercise of its supervisory functions, the existence of indicia of non-compliance, it shall inform the competent authorities by providing all elements of the made available to them and, where appropriate, a proposal for action.

6. In order to meet its objectives and functions, and within its scope of action, the National Energy Commission may issue provisions in the form of circulars for the development and enforcement of the rules contained in the actual decrees and orders. of the Minister of Industry, Energy and Tourism who are in the process of developing this Law, provided that these provisions enable him to express himself for this purpose. Such circulars shall require a mandatory report from the Hydrocarbons Advisory Council and the Electricity Advisory Council, as appropriate and, in the event of a significant impact on the conditions of competition in the markets, the decision of the National Competition Commission in accordance with Article 17.2. (b) of Law 15/2007 of 3 July of the Defence of Competition. These circulars will be published in the "Official State Gazette".

The acts and resolutions adopted by the National Energy Commission will be fully motivated to allow for judicial control and will be available to the public, while preserving the confidentiality of sensitive information for commercial purposes, as set out in paragraph 4.

The acts and resolutions of the National Energy Commission in the exercise of their public functions will put an end to the administrative path, and may be challenged before the judicial-administrative jurisdiction in the (a) terms laid down in Law 29/1998 of 13 July, regulating the Administrative-Administrative Jurisdiction. Likewise, the provisions to be adopted by circulars by the National Energy Commission may be appealed to that jurisdiction in accordance with the terms laid down in Law 29/1998 of 13 July.

7. The National Energy Commission will have access to records regulated by state energy legislation. The Ministry of Industry, Energy and Tourism will also have access to the databases held by the National Energy Commission.

For these purposes, appropriate IT developments shall be made in order to facilitate electronic access between the two bodies in such a way as to allow for consultations on the information contained in the databases. and records in conditions that maintain the security, confidentiality, and integrity of the information. "

Thirty-four. A new sixth paragraph is added in the eleventh provision with the following wording:

" Sixth. General objectives and relationship of the National Energy Commission with the Agency for the Cooperation of Energy Regulators and with the Regulatory Bodies of the other Member States of the European Union.

1. In the exercise of the functions specified in this Law, and in collaboration with other national regulatory authorities or equivalent bodies of the Autonomous Communities, and without prejudice to the powers of the Autonomous Communities, the National Commission Energy will take all reasonable steps to contribute to achieving the following objectives:

(a) Promote the competitive functioning of the energy sector to ensure the effective availability and delivery of competitive and quality services, in terms of the supply of electricity and electricity. Both liquid and gaseous hydrocarbons, for the benefit of the market as a whole and of consumers and users.

b) Promote, in cooperation with the Agency for the Cooperation of Energy Regulators, the regulatory authorities of the other Member States and the European Commission, an internal market for electricity and natural gas competitive, safe and environmentally sustainable, and open up the market effectively to all customers and suppliers in the Community, as well as to ensure the right conditions for electricity and gas networks to operate effectively and reliable, taking into account long-term objectives.

(c) Develop competitive and adequately functioning regional markets in the field of the European Union market, in order to achieve the objective referred to in paragraph (b).

d) Eliminate restrictions on trade in electricity and natural gas between Member States, including in this objective the development of the appropriate cross-border transport capacity to meet demand and to strengthen the integration of national markets which can facilitate the flow of electricity and natural gas through the internal market of the European Union.

e) Contribute to achieving, in the most cost-effective way, the development of safe, efficient and reliable non-discriminatory networks, aimed at consumers and promoting the adequacy of the network, and, in line with the objectives Energy policy, energy efficiency, as well as the integration of large-scale and small-scale production of electricity and gas from renewable energy sources and distributed production in the networks, both in terms of energy efficiency and energy efficiency. of transport as distribution.

(f) Facilitating access to the network of new production capacities, in particular by removing obstacles that could prevent access to new market and electricity and gas from energy sources renewable.

g) Ensure that the appropriate incentives are given to managers and network users in both the short and long term to increase the efficiency of network performance and to foster market integration.

h) Contribute to ensuring a high level of service, the protection of energy consumers, especially vulnerable customers, and the compatibility of the data exchange processes required for customers change supplier.

2. The National Energy Commission shall appoint a representative between the members of the Council and a replacement among its senior management staff, for the purposes of contact and representation within the Board of Regulators of the Agency for the Cooperation of the Energy Regulators as provided for in Article 14 (1) of Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing the Agency for the Cooperation of Energy Regulators.

3. The National Energy Commission will encourage contact, collaboration on cross-border issues, regular and regular coordination with the Agency for the Cooperation of Energy Regulators, with the European Commission and with the Regulators of the Member States of the European Union and of other States.

4. Without prejudice to its specific powers, the National Energy Commission shall cooperate with the other Regulatory Bodies of the Member States of the European Union, in order to:

(a) Promote the implementation of operational measures, in order to allow for optimal management of the network, and to promote the joint exchanges of gas and electricity and the allocation of cross-border capacity, as well as to enable a adequate level of interconnection capacity, including through new interconnections, in a region and between regions, so that effective competition can be given and security of supply is improved, without discrimination between companies for the supply of different Member States.

b) Coordinate the development of all network codes for relevant transport network managers and other market players.

c) Coordinate the development of the rules governing congestion management.

5. The National Energy Commission may establish cooperation agreements with the other Regulatory Bodies of the Member States in order to promote cooperation in the field of regulation.

6. The National Energy Commission shall inform the Ministry of Industry, Energy and Tourism of the appointments referred to in paragraph 2. It shall also inform the Ministry of the development of the actions to be carried out in implementation. of paragraphs 3 and 4 in such a way as to enable them to be kept up to date and shall forward a copy of the agreements referred to in paragraph 5.

7. The National Energy Commission shall comply with and implement the relevant and legally binding decisions of the Agency and the European Commission. The National Energy Commission may request an opinion from the Agency for the Cooperation of Energy Regulators on the compatibility of any decision taken by a Regulatory Body with the guidelines mentioned in the Directives. 2009 /72/EC and 2009 /73/EC or Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to natural gas transmission networks and repealing Regulation (EC) No 1775/2005.

8. The National Energy Commission shall forward the annual report of activities including the annual accounts, the organisational situation and the information relating to the staff and activities carried out by the Commission, with the objectives pursued and the results achieved to the Ministry of Industry, Energy and Tourism. It shall also report annually on its activities and on the fulfilment of its obligations to the Agency for the Cooperation of Energy Regulators and the European Commission. "

Thirty-five. An additional thirteenth provision is added with the following wording:

" Additional 30th Disposition. Subsidiaries of ENAGAS, S.A.

ENAGAS, S.A. will not be able to carry out through the subsidiaries to which the additional provision trims first activities other than the technical management of the system, the transport and the management of the transport network. Similarly, those regulated subsidiaries may not acquire shares in companies with a different social object. '

Thirty-six. A twenty-fourth transitional provision is added with the following wording:

" Twenty-fourth transient disposition. Separation of activities from troncal network carriers.

The carriers holding facilities in the trunk network shall make the necessary adaptations to comply with the provisions of Article 63.3 before 3 October 2012. "

TITLE II

Amendments to the transposition of the Telecommunications and Information Society Directives

Article 3. Amendment of Law 32/2003 of 3 November, General Telecommunications.

Law 32/2003 of 3 November, General Telecommunications, is amended as follows:

One. Article 3 is amended as follows:

" Article 3. Objectives and principles of the Law.

The objectives and principles of this Law are as follows:

(a) Promoting effective competition in the telecommunications markets and, in particular, in the exploitation of networks and in the provision of electronic communications services and in the provision of resources associated with them, ensuring that there is no distortion or restriction of competition in the operation of networks or in the provision of electronic communications services, including the transmission of content.

b) Promote efficient investment in infrastructure including, where appropriate, infrastructure-based competition and fostering innovation.

(c) Ensuring compliance with public service obligations in the operation of networks and the provision of electronic communications services, in particular universal service.

d) Promote the development of the telecommunications sector, as well as the use of new services and the deployment of networks, promoting connectivity and the extreme interoperability of networks and services electronic communications and access to them, on an equal footing, and to promote territorial, economic and social cohesion.

e) Making possible the effective use of limited telecommunications resources, such as numbering and radio spectrum, and adequate protection of the latter, and access to the rights of occupation of public property and private.

f) Defend users ' interests, ensuring their right to access to electronic communications services in appropriate conditions of choice, price and quality, promoting the capacity of end users to to access and distribute the information or use the applications and services of their choice, and to safeguard, in the provision of these, the validity of the constitutional imperatives, in particular, that of non-discrimination, that of respect to the rights to honour, privacy, protection of personal data and secrecy in the communications, the protection of youth and children and the satisfaction of the needs of specific social groups on equal opportunities and non-discrimination of persons with disabilities, the elderly, people in situation of dependency and users with special social needs. For these purposes, obligations may be imposed on service providers for the guarantee of such rights. As regards access to the electronic communications services of persons in a situation of dependency, compliance with the relevant standards or specifications relating to technical standardisation published in accordance with the Directive shall be encouraged. Community rules.

g) Encourage, as far as possible, technological neutrality in regulation.

h) Promote the development of the telecommunications products and services industry.

i) Contribute to the development of the internal market for electronic communications services in the European Union.

j) Facilitate the access of disabled users to the use of terminal equipment. "

Two. A new paragraph 3 is added to Article 5 with the following wording:

" 3. The measures to be taken in relation to the access to or use by the end users of services and applications through electronic communications networks shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and the general principles of Community law.

Any such measures relating to access to or use by end users of services and applications through electronic communications networks, which is liable to restrict those rights and fundamental freedoms may be imposed only if appropriate, proportionate and necessary in a democratic society, and their application shall be subject to appropriate procedural safeguards in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and the general principles of law Community. Such measures may therefore be adopted only in accordance with the principle of the presumption of innocence and the right to private life, by means of a preliminary, fair and impartial procedure, which shall include the right of the persons concerned to be without prejudice to the conditions and appropriate procedural arrangements in duly justified cases of urgency, in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms. The right to effective and timely judicial protection shall also be guaranteed. "

Three. Paragraph (a) is amended and five new paragraphs (h), (i), (j), (k) and (l) are added to Article 9 (1), with the following wording:

" (a) Check the effective and efficient use of frequencies and numbers and the fulfilment of obligations arising from the rights of use of public radio, numbering or occupation of the public domain or private property.

(...)

h) Check compliance with obligations that are necessary to ensure equivalent access for end users with disabilities and that they benefit from the choice of companies and services available to most end users.

i) The adoption of measures to facilitate the co-location or shared use of public electronic communications network elements and associated resources.

j) Assess the integrity and security of electronic communications networks and services.

k) Know how the future evolution of networks or services can have an impact on the wholesale services that companies make available to their competitors. Companies with significant weight on wholesale markets may also be required to present accounting data on the retail markets associated with those wholesale markets.

l) Check compliance with the conditions laid down for the provision of services or the operation of electronic communications networks. "

Four. Article 10 (2) and (3) are amended as follows:

" 2. It also provided a report from the National Competition Commission, taking into account the guidelines established by the European Commission, and the relevant opinions and common positions adopted by the Body of European Regulators for Competition. Electronic Communications (BEREC), the Telecommunications Market Commission will carry out an analysis of these markets:

(a) Within three years since the adoption of an earlier measure relating to that market. However, in exceptional circumstances, this period may be extended to a maximum of three additional years where the national regulatory authorities have notified a proposal for a reasoned extension to the Commission and the Commission has not done so. objection within one month of the notified extension.

(b) Within two years of the adoption of a revised relevant market recommendation, for markets not previously notified to the Commission.

If the Telecommunications Market Commission had not completed its analysis of a relevant market contained in the Recommendation within the time limits, BEREC would provide assistance, at its request, to the Commission. conclusion of the analysis of the specific market and the specific obligations to be imposed. The Commission of the Telecommunications Market, with this cooperation, shall notify the draft measure to the Commission within six months.

3. The analysis referred to in the preceding paragraph shall be designed to determine whether the different reference markets are developed in an effective competition environment. Otherwise, the Telecommunications Market Commission will identify and make public the operator or operators that have significant power in each market.

When an operator or operators have, individually or jointly, significant power in a relevant market (primary market), the Telecommunications Market Commission may declare that they have it in another the market for reference closely related to the former (secondary market) where the links between the two are such as to be possible to exercise on the secondary market the weight of the primary market, thereby reinforcing the power on the market of the operator. "

Five. Article 11 (2), (3) and (4) are amended as follows:

" 2. Operators of public electronic communications networks shall have the right and, where requested by other operators of electronic communications networks and services, the obligation to negotiate the mutual interconnection in order to provide electronic communications services available to the public, in order to ensure the provision of services and their interoperability.

3. Without prejudice to the measures which may be taken in relation to undertakings which have a significant market weight by the Telecommunications Market Commission in accordance with the provisions of Article 13 of this Law, the Ministry of Industry, Energy and Tourism may, in justified cases and to the extent necessary, impose obligations on undertakings which control access to users for their services to be interoperable.

4. The Telecommunications Market Committee may intervene in the relations between operators or between operators and other entities which, in accordance with the provisions of this Chapter, benefit from the obligations of access and interconnection, in accordance with the definition given to the concepts of access and interconnection in Annex II to this Law, at the request of any of the parties involved, or on its own initiative where justified, in order to promote and, in its (a) to ensure the adequacy of access, interconnection and interoperability of services, as well as the achievement of the objectives set out in Article 3. The decision of the Telecommunications Market Committee shall be binding and shall be adopted, except in exceptional circumstances, within a maximum of four months. The Ministry of Industry, Energy and Tourism may also act, in the field of its competences, to achieve these objectives. "

Six. Article 13 (1) (a), (d) and (e) are amended as follows:

(a) Transparency, in relation to interconnection and access, in accordance with which operators shall make certain types of information, such as accounting, technical specifications, characteristics, to be made public of the networks, conditions of supply and use, including, where appropriate, conditions which could limit access to or use of services or applications, as well as prices. In particular, where obligations are imposed on an operator in relation to wholesale access to the network infrastructure, it shall be required to publish a reference offer. '

(...)

d) Access to specific elements or resources of networks, as well as resources and associated services such as identity, location and presence services.

e) Price control, such as price guidance on the basis of costs, to avoid excessive pricing or price compression to the detriment of end users. In order to encourage investment by the operator, in particular in the next generation networks, the Telecommunications Market Commission will take into account the investment made, allowing a reasonable rate of return in relation to the corresponding capital invested. "

Seven. A new paragraph 3 is added to Article 13 with the following wording:

" 3. Where the Telecommunications Market Committee considers that it is appropriate to impose the obligations laid down in this Article, it shall take into account, in particular, the following elements:

(a) the technical and economic feasibility of using or installing competing resources in the light of the pace of market development, taking into account the nature and type of interconnection or access concerned, including the feasibility of other prior access products, such as access to pipelines,

b) the ability to provide the proposed access, relative to the available capacity,

(c) the initial investment of the owner of the resources, without forgetting the public investments made or the risks inherent in the investments,

d) the need to safeguard long-term competition, with particular attention to economically efficient infrastructure-based competition,

(e) where appropriate, the relevant intellectual property rights, and

f) the supply of pan-European services. "

Eight. A new Article 13a is added with the following wording:

" Article 13a. Functional separation.

1. When the Telecommunications Market Committee concludes that the obligations imposed pursuant to the provisions of the previous Article have not been sufficient to achieve effective competition and that there are still problems of competition, the (a) competition or market failures that are important and persistent in relation to wholesale markets for access products, will inform the Ministry of Industry, Energy and Tourism and the Ministry of Economy and Competitiveness, which may propose to the Government, as an exceptional measure, the imposition, to the operators with significant power in the vertically integrated market, the obligation to transfer the activities related to the wholesale supply of access products to an independent business unit. That business unit shall supply access products and services to all undertakings, including other business units of the parent company, within the same time limits, terms and conditions, in particular as regards price levels and service, and using the same systems and processes.

2. When the Government intends to impose a functional separation obligation, following a report from the Telecommunications Market Committee and the National Competition Commission, it will present a proposal to the European Commission including:

a) evidence to justify the conclusions reached,

b) evidence that there is little, or none, of infrastructure-based competition within a reasonable time frame,

(c) an analysis of the expected impact on the regulatory authority, on the company, particularly as regards the employees of the separate undertaking and the electronic communications sector as a whole, on incentives to invest in the sector as a whole, in particular as regards the need to ensure social and territorial cohesion, as well as other stakeholders, including in particular the expected impact on the sector. competition in infrastructure and any potential negative effects on consumers, and

d) an analysis of the reasons why this obligation is the most appropriate means of applying solutions to the identified competition problems or market failures.

3. The measure project will include the following elements:

(a) the precise nature and extent of the separation, specifying in particular the legal status of the separate business entity,

b) an indication of the assets of the separate business entity and of the products or services to be supplied by this entity,

(c) the governance mechanisms to ensure the independence of the staff employed by the separate business entity and the corresponding incentive structure,

d) the rules to ensure compliance with obligations,

e) the rules to ensure the transparency of operational procedures, in particular for other stakeholders, and

f) a follow-up programme to ensure compliance, including the publication of an annual report.

4. Following the decision of the European Commission, the Telecommunications Market Commission shall carry out, in accordance with the procedure laid down in Article 10, a coordinated analysis of the different markets related to the access network. On the basis of its assessment, following a report by the Ministry of Industry, Energy and Tourism and the National Competition Commission, the Telecommunications Market Commission will impose, maintain, amend or abolish the obligations corresponding.

5. In the event that a company designated as having significant power in one or more relevant markets, it intends to transfer its local access network assets, or a substantial part thereof, to a separate legal person from different ownership, or set up a separate business entity to supply all retail suppliers, including their own retail divisions, fully equivalent access products, to report prior to the Ministry of Industry, Energy and Tourism, Ministry of Economy and Competitiveness and the Commission of the Telecommunications Market. The companies will also inform the Ministry of Industry, Energy and Tourism, the Ministry of Economy and Competitiveness and the Telecommunications Market Commission of any change of that purpose, as well as of the final result of the separation process.

In this case, the Telecommunications Market Commission will assess the effect of the planned transaction on the regulatory obligations imposed on that entity, in accordance with the envisaged procedure. in Article 10, a coordinated analysis of the different markets related to the access network. On the basis of its assessment, following a report by the Ministry of Industry, Energy and Tourism and the National Competition Commission, the Telecommunications Market Commission will impose, maintain, amend or abolish the obligations corresponding.

6. Undertakings to which they have been imposed or have decided, the functional separation may be subject to any of the obligations listed in Article 13 in any relevant market where they have been designated as holders of significant market power. "

Nine. Article 14 (2) is amended, which is worded as follows:

" 2. In the event of a cross-border conflict in which one of the parties is located in another Member State of the European Union, the Telecommunications Market Commission, in the event that either party so requests, coordinate, in terms of the actual decree, their efforts to find a solution to the conflict with the other or other national regulatory authorities concerned.

Any national regulatory authority that is competent in such a dispute may request that BEREC adopt an opinion on the measures to be taken to resolve the dispute.

Where such a request has been transmitted to BEREC, any national regulatory authority competent in any aspect of the dispute shall await the opinion of BEREC before taking action to resolve the dispute. This shall not constitute an obstacle for national regulatory authorities to take urgent action if necessary.

Any obligation imposed on a company by the national regulatory authority in the resolution of a dispute must take into account as much as possible the opinion adopted by BEREC. "

Ten. Article 15 is amended as follows:

" The Ministry of Industry, Energy and Tourism, to the extent necessary to ensure the interoperability of services and to enhance the freedom of choice of users, will encourage, especially in the areas of access and interconnection, the use of the standards or technical specifications identified in the relationship that the European Commission draws up as a basis for promoting the harmonisation of the provision of electronic communications networks, communications services electronic and associated resources and services.

In the absence of such standards or specifications, the Ministry of Industry, Energy and Tourism will promote the application of international standards or recommendations approved by the International Telecommunication Union (ITU), the European Conference of Postal and Telecommunications Administrations (CEPT), the International Commission for Standardisation (ISO) and the International Electrotechnical Commission (IEC). "

Once. Article 16 (3) and (6) are amended as follows:

" 3. It is for the government to approve the national numbering plans and, where appropriate, addressing and names, taking into account the applicable decisions taken within the international organisations and fora. Procedures for the allocation of numbers as well as the conditions associated with their use shall be open, objective, non-discriminatory, proportionate and transparent.

Decisions relating to grants shall be adopted, communicated and made public within the maximum period of three weeks from the receipt of the complete application, except where comparative selection procedures are applied or (i) competitive, in which case, the maximum period shall be six weeks from the end of the time limit for the receipt of tenders. After the maximum time limit has not been notified, the request for administrative silence may be understood to be dismissed.

(...)

6. Operators who operate public telephone networks or provide publicly available telephone services shall be required to submit calls to the national telephone numbering ranges and, where they permit international calls, to the public. European telephone numbering space and other international numbering ranges, in terms specified in the national numbering plans or in their development provisions.

Operators who exploit public telephone networks or provide publicly available telephone services to allow international calls will take appropriate measures to ensure that the calls are made. (a) from and to the European telephone numbering space, at rates similar to those applicable to calls from other Community countries to origin or destination. '

Twelve. A new paragraph is added to Article 16 (7) with the following wording:

" Operators who exploit public telephone networks or provide publicly available telephone services, provided that they are technically and economically possible, shall take the necessary measures to ensure that users the end of the year may have access to and use of services using non-geographical numbers in the European Union, and which may have access, regardless of the technology and devices used by the operator, to all the numbers provided in the European Union, including those of the national numbering plans of the Member States members, those in the European telephone numbering space, and the International Universal Call Numbers Free. "

Thirteen. A new paragraph 8 is added to Article 16 with the following wording:

" 8. The government will support the harmonisation of certain numbers or series of specific numbers within the European Union when this promotes the functioning of the internal market and the development of pan-European services. "

Fourteen. Article 17 (1) is amended as follows:

" The national plans and their development arrangements shall designate the services for which the numbers and, where appropriate, addresses and corresponding names may be used, including any requirements relating to the provision of such services. The national plans and their development provisions may also include the principles of pricing and the maximum prices that can be applied for the purpose of ensuring the protection of consumers. "

Fifteen. Article 19 is amended as follows:

" Article 19. Harmonised numbers for harmonised European social value services.

1. The Ministry of Industry, Energy and Tourism will promote the specific numbers in the numbering range starting with 116 and will encourage the provision of services for which such numbers are reserved.

2. The Ministry of Industry, Energy and Tourism will take the relevant initiatives so that end users with disabilities can have access to the services provided in the numbering range starting with 116 to the greatest extent possible.

3. The authorities responsible for the provision of services provided in the numbering range starting with 116 shall ensure that citizens receive adequate information on the existence and use of such services. '

Sixteen. Article 22 (1) is amended as follows:

" 1. Universal service means the defined set of services the provision of which is guaranteed for all end users regardless of their geographical location, with a particular quality and at an affordable price.

Under the aforementioned concept of universal service, it must be ensured, in the terms and conditions that are regulated by the Government, that:

a) All end users can obtain a connection to the public electronic communications network from a fixed location whenever their requests are considered reasonable in terms of which they are regulated. determine. The connection must allow voice, fax and data communications to be performed at a speed sufficient to provide functional access to the Internet. The connection to the public communications network with functional access to the Internet shall allow for data communications in broadband at a downstream speed of 1Mbit per second. The Government may update this speed in accordance with social, economic and technological developments, taking into account the services used by the majority of users.

(b) All reasonable requests for the provision of a telephone service available to the public through the connection referred to in the preceding paragraph shall be satisfied, enabling them to make and receive national and

(c) A general guide to the numbers of subscribers, whether printed or electronic, or both, which is updated at least once a year, is made available to the public. It shall also be made available to all end-users of that service, including users of public payment telephones, at least one general information service on subscriber numbers. All subscribers to the telephone service available to the public shall have the right to appear in the said general guide, without prejudice, in any case, to compliance with the rules governing the protection of personal data and the right to privacy.

d) Exist a sufficient offer of public pay telephones or other public access points to voice telephony throughout the national territory, which reasonably meets the needs of end users, in coverage geographical, in number of devices or other access points, accessibility of these telephones by users with disabilities and quality of services and, that it is possible to make free emergency calls from public telephones payment without having to use any form of payment, using the unique number of calls emergency 112 and other Spanish emergency numbers.

e) End users with disabilities have access to the services listed in paragraphs (b), (c) and (d) of this section, at a level equivalent to that enjoyed by other end users.

(f) Consumers who are natural persons are offered, in accordance with transparent, public and non-discriminatory conditions, options or tariff packages which differ from those applied under normal operating conditions in order to ensure, in particular, that persons with special social needs may have access to the network and to the services that make up the concept of universal service. The same subject matter may apply, where appropriate, price constraints, common tariffs, geographical equalisation or other schemes similar to the benefits included in this Article.

The Ministry of Industry, Energy and Tourism will monitor developments and the level of public pricing of concepts that are part of the universal service, either provided by the designated operator, or they are available on the market where no operators have been designated in relation to these services, in particular in relation to the national levels of consumer and income prices. '

seventeen. New paragraphs 3, 4 and 5 are added to Article 23 with the following wording:

" 3. Where the operator designated for the provision of the universal service intends to deliver part or all of its local access network assets to a separate legal person other than a different property, it shall inform in due time the Ministry of Industry, Energy and Tourism to assess the impact of the planned operation on the provision of access from a fixed location and the provision of telephone services, in accordance with Article 22. The Ministry of Industry, Energy and Tourism, as a result of the assessment made, may impose, amend or delete specific obligations to the designated operator.

4. The Ministry of Industry, Energy and Tourism may set performance targets for the operator or operators designated for the provision of the universal service.

5. The Ministry of Industry, Energy and Tourism shall notify the European Commission of the universal service obligations imposed on the operator or operators designated for the fulfilment of universal service obligations, as well as the changes related to those obligations or to the designated operator or operators. '

Eighteen. Article 25 (4) is amended as follows:

" 4. In any event, the obligation to route calls to emergency services without the right to economic consideration of any kind should be taken up by operators providing electronic communications services to the public, as for those who exploit public electronic communications networks. This obligation is imposed on those operators in respect of calls to the telephone number 112 for emergency care and to others to be determined by means of a royal decree, including those made from public payment telephones, without any form of payment required in these cases.

In any case, the emergency call service will be free for users, whatever the public administration is responsible for their delivery and regardless of the type of terminal that is used.

The conditions shall also be laid down to make available to the receiving authorities free of charge the information relating to the location of their provenance.

Reglamentarily, criteria will be established for the accuracy and reliability of information provided on the location of persons making calls to emergency services.

Access to emergency services for end users with disabilities will be equivalent to those enjoyed by other end users.

The authorities responsible for the provision of 112 services will ensure that citizens receive adequate information on the existence and use of this number, in particular through specific initiatives. directed to persons travelling to other Community countries. "

nineteen. The second subparagraph of Article 29 (1) is amended, which is worded as follows:

" These conditions or limits, which shall be transparent and non-discriminatory, shall not imply absolute restrictions on the right of occupation of the public and private domain of operators. In this sense, when a condition may imply the impossibility of carrying out the occupation of public domain or private property, the establishment of such a condition must be accompanied by the necessary alternatives, including the the sharing of infrastructure, to ensure the right of operators to occupy and their exercise on an equal footing. "

Twenty. Article 29 (2) (b) is amended, which shall be worded as follows:

" (b) Previewing a quick, simple, efficient and non-discriminatory procedure for the resolution of applications for occupation, which may not exceed six months from the date of the submission of the application, except in the case of expropriation. "

Twenty-one. Article 29 (3) is amended and read as follows:

" 3. If the public authorities or holders of the public domain referred to in this Article hold the property or exercise the direct or indirect control of operators operating public electronic communications networks or electronic communications services available to the public, shall maintain a structural separation between those operators and the bodies responsible for regulating and managing these rights. '

Twenty-two. Article 30 (1) is amended as follows:

" 1. Where operators have the right to the occupation of public or private property, the Ministry of Industry, Energy and Tourism, after a public hearing and in a reasoned manner, may impose the shared use of the public domain or the private ownership in which the public electronic communications networks or the shared use of the associated infrastructure and resources are to be established. '

Twenty-three. A new paragraph 5 is added to Article 30 with the following wording:

" 5. Measures taken in accordance with this Article shall be objective, transparent, non-discriminatory and proportionate. Where appropriate, these measures shall be implemented in a coordinated manner with local authorities. '

Twenty-four. Article 34 is amended as follows:

" Article 34. Protection of personal data.

1. Without prejudice to the provisions of Article 4 (6) and the second paragraph of the preceding Article, as well as to the remaining specific rules applicable, operators operating public electronic communications networks or providing for the provision of electronic communications services available to the public, including public communications networks which support devices for the identification and collection of data, shall ensure, in the exercise of their activity, the protection of personal data in accordance with current legislation.

2. The operators referred to in the preceding paragraph shall take appropriate technical and management measures to preserve the security of the operation of their network or the provision of their services in order to ensure the levels of the protection of personal data required by the Organic Law 15/1999 of 13 December and its implementing legislation and, where appropriate, the development of this law in this field. Those measures shall include at least:

(a) The guarantee that only authorized personnel have access to personal data for purposes authorized by law.

b) The protection of personal data stored or transmitted from accidental or illicit destruction, accidental loss or alteration or unauthorized or unlawful storage, treatment, access or disclosure.

c) The assurance of the effective implementation of a security policy with respect to the processing of personal data.

3. Where there is a particular risk of breach of the security of the public network or of the electronic communications service, the operator who operates the network or provides the electronic communications service shall inform the subscribers about such risk and the measures to be taken.

4. In case of violation of personal data, the operator of electronic communications services available to the public will notify without undue delay such violation to the Spanish Data Protection Agency. If the data breach is likely to adversely affect the privacy or personal data of a subscriber or individual, the operator shall also notify the subscriber or the individual without undue delay.

The notification of a violation of personal data to a particular subscriber or subscriber shall not be required if the supplier has proved to the satisfaction of the competent authority that he has applied the technological protection measures These measures have been applied to the data affected by the security breach. Protective measures of these characteristics make the data incomprehensible to anyone who is not authorised to access them.

Without prejudice to the obligation of the supplier to inform the subscribers or individuals concerned, if the supplier has not already notified the subscriber or the individual the violation of the personal data, the Spanish Protection Agency You may be required to do so once the possible adverse effects of the breach have been assessed.

In the notification to the subscriber or the individual, at least the nature of the violation of the personal data and the contact points where further information can be obtained will be described and measures to attenuate the data will be recommended. possible adverse effects of such violation. The notification to the Spanish Data Protection Agency shall also describe the consequences of the violation and the measures proposed or adopted by the supplier in respect of the violation of the personal data.

Operators must take an inventory of violations of personal data, including facts related to such violations, their effects and the measures taken in this respect, which is sufficient to permit the Spanish Data Protection Agency to verify compliance with the reporting obligations under this paragraph. The actual order can set the format and content of the inventory.

For the purposes set forth in this article, the violation of personal data shall be understood as the violation of security that causes the destruction, accidental or illicit, loss, alteration, disclosure or access. authorised, personal data transmitted, stored or otherwise processed in connection with the provision of a publicly accessible electronic communications service.

5. Operators shall establish internal procedures to respond to requests for access to the personal data of users by the legally authorised authorities. Upon request, they shall provide the competent authorities with information on those procedures, the number of applications received, the legal motivation given and the response offered. "

Twenty-five. A new Article 36a is added with the following wording:

" Article 36a. Integrity and security of electronic communications networks and services.

1. Network operators and electronic communications services available to the public shall adequately manage the security risks that may affect their networks and services in order to ensure an adequate level of safety and to avoid or minimize the impact of security incidents on users and on interconnected networks.

2. In addition, public electronic communications network operators shall ensure the integrity of electronic communications networks in order to ensure continuity in the provision of services using such networks.

3. Operators operating networks or providing publicly available electronic communications services shall notify the Ministry of Industry, Energy and Tourism, security breaches or loss of integrity that have had an impact. significant in the operation of networks or services. Where appropriate, the Ministry shall inform the competent national authorities of other Member States and the European Network and Information Security Agency (ENISA). It may also inform the public or require companies to do so, if it considers that the disclosure of the violation is in the public interest. Once a year, the Ministry shall submit to the Commission and ENISA a summary report on the notifications received and the measures taken in accordance with this paragraph.

4. The Ministry of Industry, Energy and Tourism shall establish the mechanisms to monitor compliance with the above obligations and, where appropriate, dictate the relevant instructions, which shall be binding on the operators, including those relating to application deadlines, to take certain measures relating to the integrity and security of electronic communications networks and services. Among them, you can impose:

a) The obligation to provide the information necessary to assess the security and integrity of its services and networks, including documents on security policies.

(b) The obligation to submit to a safety audit carried out by an independent body or a competent authority, and to make the result available to the Ministry of Industry, Energy and Tourism. The cost of the audit shall be borne by the operator.

5. In particular, operators shall ensure the widest possible availability of publicly available telephone services via public communications networks in the event of catastrophic network failure or in cases of force majeure; and take all necessary steps to ensure uninterrupted access to emergency services.

6. This Article shall be without prejudice to the provisions of Article 4 (4) of this Law. "

Twenty-six. A new subparagraph is added to Article 37 (1) with the following

:

" In cases where the rules on the common infrastructure for electronic communications do not apply, the Ministry of Industry, Energy and Tourism may impose on operators and owners of the relevant resources, prior to the processing of public information, objective, transparent, proportionate and non-discriminatory obligations relating to the shared use of the final sections of the access networks which run through the interior of the buildings or to the first point of concentration or distribution if is located outside the building, when the duplication of this infrastructure is economically inefficient or physically unviable. "

Twenty-seven. Article 38 (1), which is worded as follows, is amended as follows:

" Operators who operate networks or provide electronic communications services and consumers who are natural persons and end users may subject the disputes to them to the knowledge of the consumer arbitration boards, in accordance with current consumer and user protection legislation.

For the assumption that they do not submit to the consumer arbitration boards or that they are not competent for the resolution of the conflict, the Ministry of Industry, Energy and Tourism will establish a regulatory framework. the procedure under which the final users who are natural persons may be subject to such disputes, where such disputes relate to their specific rights as end users of electronic communications services. In any event, the procedure to be adopted shall be transparent, non-discriminatory, simple, fast and free of charge and shall set the maximum period within which the express resolution shall be notified, after which it may be understood dismissed the complaint by administrative silence. The decision to be taken may be challenged before the administrative-administrative jurisdiction. '

Twenty-eight. Article 38 (2) (b), (f) and (h) are amended as follows:

" (b) The information rights of end users, which must be truthful, effective, sufficient, transparent, comparable and up to date.

(...)

(f) The right to conclude contracts by end-users with operators who operate networks or provide publicly available electronic communications services.

(...)

(h) The right to terminate without penalty their contracts where the undertakings providing electronic communications networks or services notify them of proposals for the modification of the contractual terms. Any modification of such conditions shall be properly notified, with at least one month in advance, to the subscribers, who shall be informed at the same time of their right to terminate without penalty their contracts in the event of non-acceptance. of the new conditions. The Ministry of Industry, Energy and Tourism may specify the format of such notifications. "

Twenty-nine. Two paragraphs (l) and (m) are added to Article 38 (2) with the following wording:

" l) The right to access emergency services free of charge without having to use any means of payment.

m) The right to change of operator, with the retention of national telephone numbering plan numbers in cases where this is contemplated within the maximum period of one working day. The delay in the preservation of the numbers and the abuses of the conservation by the operators or on their behalf, will entitle the subscribers to a compensation in the terms that are established by royal decree. The conditions and procedures for the termination of contracts shall not constitute a deterrent for changing operators. "

Thirty. Article 38 (3) (b) and (h) are amended as follows:

" (b) to have their traffic data used for commercial purposes or for the provision of value added services only when they have provided their prior informed consent.

(...)

h) Not to receive automatic calls and communications without human intervention, or fax messages for direct sale without having given prior and informed consent to this. "

Thirty-one. Two new paragraphs are added at the end of Article 38 (6) with the following wording:

" End users are guaranteed access to information services on subscriber numbers, for which the Ministry of Industry, Energy and Tourism may impose obligations and conditions on companies. which control access to end users in the provision of information services on subscriber numbers.

The Ministry of Industry, Energy and Tourism shall, whenever technically and economically feasible, take measures to ensure the direct access of end-users to the service of information on subscriber numbers from another community country by voice call or SMS. "

Thirty-two. Three new paragraphs 9, 10 and 11 are added to Article 38 with the following wording:

" 9. By means of a royal decree, the basic conditions for the access of persons with disabilities to technologies, products and services related to electronic communications can be established. This rule will set out the requirements that operators will have to meet to ensure that users with disabilities:

a) They may have access to electronic communications services equivalent to that enjoyed by most end users.

b) Benefit from the choice of business and services available to most end users.

10. At the request of the Minister for Industry, Energy and Tourism, minimum requirements for quality of service may be laid down which, where appropriate, are required for operators of public electronic communications networks, in order to avoid degradation of the service and the hindering or slowing down of traffic in the networks, in accordance with the procedures to be established by means of a royal decree.

The Ministry of Industry, Energy and Tourism will provide the European Commission, in due course before setting such requirements, a summary of the reasons for the action, the expected requirements and the proposed action line. Such information shall also be made available to the Body of European Regulators for Electronic Communications.

In addition, the quality parameters to be quantified, as well as the possible quality certification mechanisms, can be established in order to ensure that end users, including end users with disabilities, have access to comprehensive, comparable, reliable and easy-to-query information.

11. Under the conditions laid down by royal decree, the Ministry of Industry, Energy and Tourism may require the operators of public electronic communications networks or electronic communications services to be available to the public. block, prior to specific examination of each case, access to numbers or services, provided that it is justified on the grounds of fraud or misuse, and that in such cases providers of electronic communications services retain the corresponding revenue by interconnection or other services. In no case can the block be required to block services not included in the scope of this Law, such as the services of the Information Society regulated in Law 34/2002, of July 11, of services of the the information society and electronic commerce. "

Thirty-three. A new Article 38a is added with the following wording:

" Article 38a. Contracts.

Contracts to be concluded between end-users and operators operating networks or providing publicly available electronic communications services shall include in a clear, understandable and easily accessible form, the less, the following specific content:

1. Services provided, including, in particular:

a) Whether or not access to the emergency services and information on the location of the persons making the call is facilitated, as well as any other limitation for the provision of emergency services.

b) Information about any other condition that limits access to or use of services and applications.

c) The minimum quality of service levels that are offered, in particular, the time limit for the initial connection, as well as, where applicable, other quality of service parameters set out in regulation.

d) Information about any procedure established by the company to measure and manage traffic so as to avoid exhausting or saturating the network link, and information on how these procedures can be used affect the quality of the service.

e) The types of maintenance offered and the support services provided to the client, as well as the means to contact such services.

f) Any restrictions imposed by the supplier as to the possibilities of using the supplied terminal equipment.

2. The subscriber's decision about whether or not to include his or her personal data in a given guide and the data in question.

3. The duration of the contract and the conditions for its renewal and for the termination of the services and the termination of the contract, including:

a) Any minimum usage or duration required to take advantage of promotions.

b) All expenses related to the preservation of the number and other identifiers.

c) All expenses related to the resolution of the contract, including cost recovery related to terminal equipment.

4. How to initiate dispute settlement procedures in accordance with Article 38.

5. The types of measures the company might take in the event of security or integrity or threat and vulnerability incidents.

6. By means of a royal decree, it may be compulsory for contracts to include information provided by the competent authority in connection with the use of electronic communications networks and services to carry out activities illicit or to disseminate harmful content, as well as the means of protection against risks to personal security, privacy and personal data, provided that they are relevant to the service provided. "

Thirty-four. A new Article 38b is added, with the following wording:

" Article 38b. Transparency and publication of information.

1. The conditions may be laid down for operators of publicly available electronic communications networks or electronic communications services to publish transparent, comparable, appropriate and transparent information. updated on the applicable prices and tariffs, on any costs related to the termination of the contract, as well as information on the access and use of the services they provide to end users, which will be published clear, understandable and easily accessible form.

2. The Ministry of Industry, Energy and Tourism will encourage the dissemination of comparable information so that final users can make an independent assessment of the cost of alternative methods of use, for example by alternative guides or similar techniques, and shall regulate the conditions for information published by public electronic communications network operators or publicly available electronic communications services to be used free of charge by third parties, in order to sell or permit the use of these guides interactive or similar techniques.

3. By means of a royal decree the conditions may be regulated to ensure that public electronic communications networks or electronic communications services are available to the public:

(a) Provide subscribers with information on the applicable tariffs in relation to any number or service subject to specific price conditions, in respect of each of the categories of services, it is possible to require such information to be provided immediately prior to making the calls.

b) Report to subscribers about any change of access to emergency services or information regarding the location of the persons making calls in the service to which they are paid.

c) Report to subscribers of changes to conditions that limit access to or use of services and applications.

d) Provide information on any procedure established by the supplier to measure and manage traffic in such a way as to avoid exhausting or saturating the network link and the manner in which those procedures may be affect the quality of the service.

e) Report to subscribers of their right to decide whether they include their personal data in a guide and the types of data in question.

f) Report regularly and in detail to the disabled subscribers of the products and services addressed to them.

4. The Ministry of Industry, Energy and Tourism may require public electronic communications network operators or publicly available electronic communications services to disseminate free of charge, and in a given format, information of public interest to old and new subscribers, where appropriate, by the same routes normally used by them to communicate with subscribers, information covering the following aspects:

(a) The most common uses of electronic communications services to develop illicit activities or to disseminate harmful content, in particular where this is contrary to the rights and freedoms of third parties, including infringements of copyright and related rights, as well as their legal consequences.

b) Means of protection against risks to personal security, privacy, and personal data in the use of electronic communications services. "

Thirty-five. Article 43 (4) (a) is amended as follows:

" (a) Where necessary to ensure the efficient use of radio spectrum, avoid harmful interference, ensure the technical quality of the service or achieve other general interest objectives, The Ministry of Industry, Energy and Tourism will be able to grant rights to the private use of public radio. These rights shall be granted for periods of time which shall be fixed, renewable according to the availability and forecasts of the planning of such public domain. The rights of private use without limitation of number shall be granted for a period ending on 31 December of the calendar year in which they comply with their fifth year of validity, extendable for periods of five years. For their part, the rights of private use with limitation of number shall be of adequate duration for the service concerned in relation to the objective pursued, taking due account of the necessary depreciation of the investments. In any event, the duration provided for in the relevant tendering procedures shall not exceed a period of 20 renewable years. "

Thirty-six. Five new paragraphs 5, 6, 7, 8 and 9 are added to Article 43 with the following wording:

" 5. The administration of radio public domain shall be carried out taking into account its important social, cultural and economic value and the necessary cooperation with other Member States of the European Union and with the Commission in planning strategic, coordination and harmonisation of the use of radio spectrum in the European Union. In the framework of such cooperation, coordination of policy approaches in the field of radio spectrum in the European Union and, where appropriate, harmonisation of the conditions necessary for the establishment and functioning of the European Union shall be encouraged. internal market for electronic communications. To this end, account shall be taken, inter alia, of the economic, security, health, public interest, freedom of expression, cultural, scientific, social and technical aspects of the policies of the European Union, as well as the various the interests of the spectrum user communities, always taking into account the need to ensure efficient and effective use of radio frequencies and benefits for consumers, such as the realisation of economies of scale and interoperability of services.

6. In the radio frequency bands declared available for electronic communications services in the National Frequency Attribution Table, in accordance with European Union law, all types of technology may be used used for electronic communications services.

May, however, provide for proportionate and non-discriminatory restrictions on the types of wireless access technology or radio network used for electronic communications services where necessary for:

a) Avoid harmful interference.

b) Protecting public health from electromagnetic fields.

c) Ensure the technical quality of the service.

d) Ensure maximum shared use of radio frequencies.

e) Ensure efficient use of spectrum.

f) Ensuring the achievement of an objective of general interest.

7. In the bands of radio frequencies declared available for electronic communications services in the National Frequency Attribution Table, in accordance with European Union law, all types of services may be provided electronic communications.

May, however, provide for proportionate and non-discriminatory restrictions on the types of electronic communications services to be provided, including, where appropriate, compliance with a requirement of the Radio communications from the ITU.

Measures requiring an electronic communications service to be provided in a specific band available for electronic communications services should be justified in order to ensure the achievement of the objectives of the electronic communications services. general interest defined in accordance with European Union law, such as:

a) The security of life.

b) The promotion of social, regional or territorial cohesion.

c) The avoidance of inefficient use of radio frequencies.

d) The promotion of cultural and linguistic diversity and media pluralism, for example by providing broadcasting and television services.

Only the specific allocation of a frequency band for the provision of a given electronic communications service shall be imposed where justified by the need to protect services related to the security of life or, exceptionally, where it is necessary to achieve objectives of general interest defined in accordance with European Union law.

8. Restrictions on the use of frequency bands which, where appropriate, are established in accordance with paragraphs 6 and 7 above, may be adopted only after the interested parties have been given the opportunity to comment on the a proposed measure within a reasonable time.

9. Periodically, the Secretariat of State of Telecommunications and the Information Society shall review the relevance of maintaining restrictions on the use of frequency bands which, where appropriate, are established in accordance with the paragraphs 6 or 7 above, make public the results of these reviews and raise the proposals for the competent body for approval. "

Thirty-seven. Article 44 (1) (c) is amended as follows:

" (c) Open procedures for the granting of rights of use for radio broadcasting, which shall be based on objective, transparent, non-discriminatory and proportionate criteria and shall take into account, inter alia, circumstances, the technology used, the interest of the services, the bands and their degree of exploitation. They shall also take into account the economic assessment for the person concerned of the use of the public domain, as this is a scarce resource and, where appropriate, the tenders submitted by the tenderers. '

Thirty-eight. The first subparagraph of Article 44 (2) is amended, which is worded as follows:

" 2. Where necessary to ensure the effective use of radio spectrum, taking due account of the need to achieve maximum benefit for users and to facilitate the development of competition, the Ministry of Industry, Energy and Tourism may, after hearing the interested parties, including consumer and user associations, limit the number of demanial concessions to be granted on this domain for the exploitation of public networks and the provision of electronic communications services or extending the duration of rights already existing in conditions other than those specified in those rights. Any decision to limit the granting of rights of use or the renewal of rights of use shall be published, stating the reasons for such rights. Such limitation shall be reviewed by the ministry itself, either on its own initiative or at the request of a party, in so far as the reasons for which it has been removed are removed. "

Thirty-nine. A new paragraph 3 is added to Article 44 with the following wording:

" 3. Without prejudice to the above paragraphs, where it is necessary to grant individual rights of use of radio frequencies to providers of radio or television content services to achieve a target of general interest established in accordance with European Union law, exceptions may be made to the requirement of open procedure. "

Forty. Article 45 (5) is amended as follows:

" 5. In accordance with the principles of objectivity and proportionality, taking into account primarily the needs of planning and efficient use and the availability of radio spectrum, in the terms of regulation, the The Ministry of Industry, Energy and Tourism may, after a report by the Telecommunications Market Committee and with an audience of the interested parties, the Consumers and Users Council and, where appropriate, the most representative associations of the other users for a sufficient period of time, except in circumstances Exceptional cases may not be less than four weeks, amend the ratings for the use of public radio. The amendment will be made by ministerial order, which will set a deadline for the holders to adapt to it. "

Forty-one. The last subparagraph of Article 45 (2) is replaced by a new paragraph 6, with the following wording:

" 6. The enabling titles of use of the radio public domain may be transferred and the rights of use of the radio public domain may be transferred, under the conditions of authorization established by royal decree. This royal decree also identifies the frequency bands in which the transfer of securities may be carried out or the transfer of rights of use of radio public domain, in particular the frequency bands which where appropriate, they are identified at the level of the European Union. Such transmissions shall under no circumstances exempt the holder of the right of transferor, from the obligations assumed in relation to the Administration, and shall in any event respect the technical conditions of use laid down in the National Attribution (a) the frequency of the operation of the system or the technical plans or those laid down in the technical implementing measures of the European Union. By means of a royal decree, the cases in which the enabling titles for use of the public radio domain are transferable may be fixed in cases where the rights and obligations of the operator are subrogated. In addition, by means of a royal decree, restrictions may be imposed on the transfer or lease of individual rights of use for radio frequencies where those rights were initially obtained free of charge. "

Forty-two. A new paragraph 7 is added to Article 45 with the following wording:

" 7. By means of royal decree, they will be able to establish channels to avoid speculative behavior or hoarding of rights of use of the radio public domain, in particular by setting strict deadlines for the exploitation of the rights of use by the holder. To this end, measures such as ordering the sale or transfer of rights to use radio frequencies may be adopted. These rules shall be established and applied in such a way as to be proportionate, non-discriminatory and transparent. "

Forty-three. Two new paragraphs 3 and 4 are added to Article 46 with the following wording:

" 3. In the development of the powers entrusted to them, the national regulatory authorities referred to in paragraph 1 shall cooperate with each other, with the other control bodies of other States and with the relevant bodies of the European Union, in order to promote the consistent application of Community legislation in the field of electronic communications and to contribute to the development of the internal market. To this end, they will actively support the objectives of the Commission and BEREC to promote greater coordination. They will also work with both institutions to determine which types of instruments and solutions are best suited to address particular market situations.

4. In the development of the powers entrusted to the national regulatory authorities referred to in paragraph 1, they shall apply objective, transparent, non-discriminatory and proportionate regulatory principles, for example to through the following:

a) Promoting a predictable regulatory environment, ensuring a consistent regulatory approach to appropriate review periods.

(b) Ensuring that, in similar circumstances, discriminatory treatment is not provided for companies providing electronic communications networks and services.

c) Saving competition for the benefit of consumers and promoting, where possible, infrastructure-based competition.

d) Promoting efficient market-oriented investment and innovation in new and improved infrastructure, including by ensuring that any access obligation takes due account of the risks incurred by the investment firms and allowing for different forms of cooperation between investors and parties requesting access, in order to diversify the risk of investments and to ensure that competition is respected in the market and in the principle of non-discrimination.

e) Taking due account of the variety of conditions in terms of competition and consumers in the various geographical regions.

(f) Imposing ex-ante regulatory obligations only where there is no effective and sustainable competition, and softening or suppressing such obligations as soon as such a condition is met.

g) Exercising your responsibilities in such a way as to promote efficiency, sustainable competition and maximum benefit for end users. "

Forty-four. A new subparagraph is added to Article 47 (3) with the following

:

" In the exercise of its functions, and in the terms that by means of royal decree are determined, the Secretariat of State of Telecommunications and for the Information Society, once the corresponding procedure has been initiated, may, at any time, on its own initiative or at the request of the parties concerned, take any precautionary measures which it considers appropriate to ensure the effectiveness of the award or the decision which may be made, if there are sufficient grounds for judgment to this. "

Forty-five. Article 47 (6) (e) and (f) are amended as follows:

(e) the technical verification of radio emissions for the identification, location and elimination of harmful interference, infringements, irregularities and disturbances of radio communication systems; and verification of the effective and efficient use of radio public domain by rightholders.

(f) The control and inspection of telecommunications, including the monitoring of compliance with the conditions attached to the granting of spectrum usage rights, as well as the proposal to initiate cases (a) sanctioning in the field, without prejudice to the powers established in this area by this Law. In matters of competence of the Telecommunications Market Commission and its request, the Secretariat of State of Telecommunications and the Information Society shall carry out the inspection tasks required. "

Forty-six. New paragraphs (e), (f) and (g) are added to Article 56 (3) with the following wording:

" (e) To issue orders to terminate the provision of a service or a number of services, or to defer it where such provision may result in serious prejudice to competition, until the obligations are fulfilled. of access imposed following a market analysis in accordance with Article 10. This measure, together with the reasons on which it is based, will be communicated to the operator concerned without delay, setting a reasonable time for the company to comply with it.

(f) Prevent an operator from continuing to supply electronic communications networks or services or to suspend or withdraw its rights of use, in the event of a serious and repeated failure to comply with the conditions laid down for the provision for the provision of services or the operation of networks or for the granting of rights of use or of specific obligations which would have been imposed, where the measures intended to require the cessation of the infringement have failed.

g) Adopt interim emergency measures to remedy breaches of the conditions laid down for the provision of services or the operation of networks or for the granting of rights of use or of specific obligations that would have been imposed, where they represent an immediate and serious threat to public safety or public health or create serious economic or operational problems for other suppliers or users of the spectrum radio. The interested operator should subsequently be offered the possibility to propose possible solutions. Where appropriate, the competent authority may confirm the provisional measures, which shall be valid for a maximum of three months, which may be extended for a further period of up to three months in the event that the implementing procedures have not been completed. '

Forty-seven. Paragraph 4 of the seventh additional provision is amended as follows:

" 4. A royal decree approved by the Council of Ministers may impose, as public service obligations, reasonable demands for the transmission of certain channels of radio and television programmes, as well as requirements for the transmission of complementary services to enable the appropriate access of disabled users, operators who exploit electronic communications networks used for the distribution of radio or television programmes to the public, if a number significant of the end users of these networks uses them as the main means of reception of radio and television programmes, where it is necessary to achieve clearly defined and proportionate, transparent and regularly reviewable general interest objectives.

In addition, conditions may be established by royal decree for providers of digital television services and equipment to cooperate in the provision of interoperable television audiovisual communication services for end users with disabilities. "

Forty-eight. The eighth additional provision is amended, which is worded as follows:

" Additional disposal octave. Notification mechanism.

The measures taken by a national regulatory authority in accordance with Articles 10, 13 and 13a and the additional provision of this Law and its implementing legislation, as well as all those measures which they may have an impact on trade between Member States, shall be subject to the notification mechanisms referred to in Articles 7, 7a and 7b of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002, on a common regulatory framework for electronic communications networks and services (Framework Directive) and the rules laid down for the developing effect thereof by the European Union. "

Forty-nine. Paragraph 2 of Annex II is worded as follows:

" 2. Access: the making available to another operator, under defined conditions and on an exclusive or non-exclusive basis, of resources or services for the purpose of providing electronic communications services, including when used for the purposes of provision of services of the information society or of services of broadcasting content. This term covers, inter alia, the following: access to network elements and associated resources which may require the connection of equipment by fixed and non-fixed means (in particular, this includes access to the local loop and resources and services necessary for the provision of services through the local loop); access to physical infrastructure such as buildings, ducts and masts; access to relevant computer systems, including operational support systems; access to information systems or databases for preorders, supplies, orders, requests for maintenance and repair, and invoicing; access to the conversion of the call number or systems with equivalent functionality; access to fixed and mobile networks, in particular for roaming purposes; access to access systems conditional for digital television services; as well as access to virtual private network services. "

Fifty. A new paragraph 2a is added to Annex II with the following wording:

" 2 bis. Frequency allocation: the designation of a frequency band for use by one or more types of radio communication services, where appropriate, under the conditions specified. '

Fifty-one. Paragraph 3 of Annex II is worded as follows:

" 3. Local loop or subscriber loop of the public fixed electronic communications network: the physical circuit connecting the termination point of the network to a distribution device or equivalent installation of the public communications network fixed electronic. "

Fifty-two. Paragraph 16 of Annex II is worded as follows:

" 16. Harmful interference: any interference which poses a risk to the operation of a radionavigation service or other security services, or which degenerates or severely obstructs or repeatedly interrupts a service radio communication operating in accordance with applicable international, Community or national regulations. '

Fifty-three. A new paragraph 16a is added to Annex II with the following wording:

" 16a. Call: a connection established through an electronic communications service available to the public to allow two-way communication of voice. "

Fifty-four. Paragraph 19 of Annex II is worded as follows:

" 19. Geographical number: the number identified in the national telephone numbering plan which contains, in part of its structure, a geographical meaning used for the routing of calls to the physical location of the termination point of the the network. "

Fifty-five. Paragraph 20 of Annex II shall be worded as follows:

" 20. Non-geographic numbers: the numbers identified in the national telephone numbering plan that are not geographic numbers. They shall include, inter alia, mobile phone numbers, free call numbers and additional charging numbers. "

Fifty-six. Paragraph 24 of Annex II is worded as follows:

" 24. Associated resources: physical infrastructure, systems, devices, associated services or other resources or elements associated with an electronic communications network or with an electronic communications service enabling or supporting the provision of services through or with such a network or service. They shall include, inter alia, buildings or entrances of buildings, the wiring of buildings, antennae, towers and other supporting constructions, conduits, masts, access mouths and distributors. '

Fifty-seven. Paragraph 25 of Annex II is worded as follows:

" 25. Electronic communications network: transmission systems and, where appropriate, switching or routing equipment and other resources, including non-active elements that enable the transport of signals by means of cables, waves Hertzianas, optical or other electromagnetic means including satellite networks, fixed terrestrial networks (circuit and packet switching, including the Internet) and mobile, electrical laying systems, to the extent that they are used for the transmission of signals, networks used for sound broadcasting and television and cable television networks, irrespective of the type of information carried. "

Fifty-eight. Paragraph 26 of Annex II is worded as follows:

" 26. Public communications network: an electronic communications network which is used, in whole or in particular, for the provision of electronic communications services available to the public and which supports the transfer of signals between termination points of the network. "

Fifty-nine. Paragraph 27 of Annex II shall be worded as follows:

" 27. Associated services: those services associated with an electronic communications network or with an electronic communications service that enable or support the provision of services through or have potential for such a network or service; include, inter alia, the translation of numbers or systems with equivalent functionality, conditional access systems and electronic programme guides, as well as other services such as identity, location and presence. "

Sixty. Paragraph 30 of Annex II is worded as follows:

" 30. Telephone service available to the public: the service available to the public to carry out and receive, directly or indirectly, national or national and international calls through one or more numbers of a national or international plan of Telephone numbering. "

Sixty-one. A new paragraph 37 is added to Annex II with the following wording:

" 37. Location data: any data processed in an electronic communications network or by an electronic communications service indicating the geographical position of the terminal equipment of a user of an electronic communications service available to the public. "

Article 4. Amendment of Law 34/2002 of 11 July on services of the information society and electronic commerce.

Law 34/2002, of 11 July, of services of the information society and electronic commerce is amended, in the following terms:

One. A new paragraph 4 is added to Article 20, with the following wording:

" 4. In any event, the sending of commercial communications in which the identity of the sender will be removed or the identity of the sender is prohibited, or which contravene the provisions of this article, as well as those in the the recipients are encouraged to visit Internet pages that contravene the provisions of this article. "

Two. A new paragraph is added to Article 21 (2), with the following wording:

" When the communications have been sent by e-mail, this means must necessarily consist of the inclusion of a valid electronic address where this right can be exercised, the prohibition of the sending communications that do not include such address. "

Three. Article 22 is amended as follows:

" Article 22. Rights of service recipients.

1. The addressee may at any time revoke the consent given to the receipt of commercial communications with the simple notification of his will to the sender.

To this end, service providers must enable simple and free procedures so that the recipients of services can revoke the consent they have provided. Where the communications have been sent by e-mail, such means shall necessarily consist of the inclusion of a valid electronic address where this right may be exercised and the sending of communications shall be prohibited. that do not include that address.

They should also provide information accessible by electronic means on such procedures.

2. Service providers may use devices for the storage and retrieval of data on terminal equipment of the recipients, provided that they have given their consent after they have been provided with information. clear and complete on its use, in particular, on the purposes of data processing, in accordance with the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

When technically possible and effective, the consent of the recipient to accept the processing of the data may be facilitated by the use of the appropriate parameters of the browser or other applications, provided that You must proceed to your configuration during your installation or upgrade by using an express action for that purpose.

This shall not prevent the possible storage or access of a technical nature to the sole purpose of the transmission of a communication by an electronic communications network or, as far as is strictly necessary, for the provision of a service of the company of the information expressly requested by the addressee. "

Four. Paragraph (a) of Article 31 shall be worded as follows:

" (a) Natural or legal persons holding a legitimate right or interest, including those who may be harmed by infringements of the provisions contained in Articles 21 and 22, including: providers of electronic communications services who wish to protect their legitimate business interests or the interests of their customers. "

TITLE III

Measures to correct deviations from mismatch between costs and revenues in the electricity and gas sectors

Article 5. Modification of the remuneration of the electrical energy distribution activity.

1. It is established as criteria for the remuneration of the distribution activity, with effect on the remuneration to be received since 1 January 2012, the following:

(a) Investment in non-amortised service assets on the basis of the net value of those assets shall be remunerated on the basis of their financial remuneration.

b) The accrual of the remuneration generated by distribution facilities put into service year n will start from 1 January of year n + 2.

2. In accordance with the above paragraph, the remuneration for the year 2012 for the distribution companies with more than 100,000 customers, as well as for FEVASA and SOLANAR, deducted from the other income derived from the duties, is amended. For the purposes of this Regulation, the Commission shall, in accordance with the procedure laid down in Article 4 (2) of Regulation (EC) No 2052/2011, provide for the establishment of a system for the provision of services for the purposes of this Regulation. In the case of the special scheme, the premium will amount to EUR 4,606,000 000 in accordance with the collected in the following table:

E. ON Distribution, S.L.

or business group	Thousands of
Iberdrola Electrical Distribution, S.A.U.	1.568,992
Union Fenosa Distribution, S.A.	742,744
Distribution, S.A.	147.897
142,883
Endesa (peninsular)	1.704.211
Endesa (extrapeninsular)	297,925
FEVASA	1,029
SOLANAR	318
Total	4,606,000

3. The costs recognised for 2012 are reviewed for the remuneration of the commercial management carried out by the distribution companies with more than 100,000 customers, as well as for FEVASA and SOLANAR, which will be EUR 56,648 thousand in 2012, broken down by distribution companies as set out in the attached table:

or business group	Thousands of
Iberdrola Electrical Distribution, S.A.U.	22.202
Union Fenosa Distribution, S.A.	7,680
Distribution, S.A.
E. ON Distribution, S.L.	1.243
Endesa (peninsular)	20,475
3.595
	FEVASA	8
SOLANAR	2
Total	56.648

4. The remuneration corresponding to the distribution companies with less than 100,000 customers, which is provisional in the order IET/3586/2011, of 30 December, is modified, passing to be for the year 2012 the quantity of 340,811,777 thousand According to the breakdown set out in Annex I.

5. The Ministry of Industry, Energy and Tourism will submit to the Government for approval a proposal for a royal decree linking the remuneration for investment received by the electricity distribution companies to the assets in service. amortized.

Article 6. Remuneration for the activity of electric energy transport.

1. With effect on the remuneration to be received since 1 January 2012, the accrual and recovery of the remuneration generated by transport facilities put into service in the year n shall be started from 1 January of year n + 2.

2. Pursuant to paragraph 1, the remuneration for the year 2012 for the transport activity to be received by the undertakings listed in Order IET/3586/2011 of 30 December 2011, for which the Commission is established, is amended Access tolls from 1 January 2012 and the fees and premiums of the special scheme facilities, as set out in the table below:

Pay	Thousands of
Grid Spain, S.A.	1.339.044
Union Fenosa Distribution, S.A.	40,094
Peninsular total	1.379.138
Red Electrica de España, S.A. (extrapeninsular)	146.314
Total extrapeninsular	146.314
Total	1.525,452

3. The Ministry of Industry, Energy and Tourism will submit to the Government for approval a proposal for a royal decree linking the remuneration for investment of the transport facilities to the unamortized service assets.

Article 7. Establishment of measures in island and extra-island electrical systems.

1. They are established as criteria for the remuneration of facilities for the generation of ordinary arrangements in island and extra-island systems, in addition to those covered by the current rules:

(a) Fuel remuneration shall take into account the efficiency of the management of the purchase of fuel, recognising reasonable logistics costs that consider the particularities of the island systems and Extra-island and depending on the fuel actually consumed.

(b) The remuneration for a power guarantee shall take into account the actual availability of each power plant.

(c) The remuneration for the amortisation of the investment of each group shall take into account concepts which may be depreciable.

(d) The fixed remuneration of the amortised central banks shall be for their effective renewal, so that the remuneration shall be calculated individually for each central bank in accordance with the procedure laid down.

e) In the determination of the variable production costs for the generation dispatch, account shall be taken of the forecasts of costs or allowances for allowances.

2. The Government is enabled to amend by royal decree the provisions of paragraph 1 of this Article.

3. Within two months from the approval of this royal decree-law the Ministry of Industry, Energy and Tourism will propose a revision of the remuneration model of fixed and variable costs of the power plants in the electrical systems islands and extra-islands which shall take into account the new criteria laid down in point 1

This review will include at least the following concepts:

a) Review of technical and economic parameters.

b) Review of fuel price calculation.

c) Review of remuneration for power guarantee.

d) Setting the update mode for the different economic parameters.

e) Review of the rate of pay.

f) Setting the periodicity of parameter reviews.

4. On a transitional basis and until the order establishing the variable costs of the power plants resulting from the application of the revisions referred to in the first paragraph of this Article is adopted, they shall apply to the office of generation of the parameters adopted by Resolution of 7 March 2011, of the Directorate-General for Energy Policy and Mines, which updated the parameters of the different components of the variable cost of generating the Installations for generation in ordinary system of island and extra-island electrical systems for the year 2011.

Article 8. National Energy Commission.

The balance at 31 December 2011 of the results of previous financial years of the balance sheet of the National Energy Commission will have the consideration of liquidable revenues from the electrical systems and for the purposes of the provisions of Royal Decree 2017/1997 of 26 December 1997 on the organisation and regulation of the procedure for the settlement of the costs of transport, distribution and marketing at tariff, of the permanent costs of the the system and the costs of diversification and security of supply and in Order ECO/2692/2002, 28 of (a) the procedures for the payment of the remuneration of the regulated activities of the natural gas sector and of the quotas with specific destinations are regulated and the information system to be submitted by the undertakings is established. The Commission shall provide the necessary mechanisms for reintegrating the amounts corresponding to these funds by 31 December 2012, taking into account the nature of the assets in which those funds have been invested.

This amount shall be deducted from the balance sheet item and the annual accounts of the National Energy Commission in the corresponding financial years.

The allocation between the amount allocated to the electricity system and the gas sector will be proportional to the total turnover resulting from the application of the access tolls referred to in Article 18 of Law 54/1997, 27 In November, the Electricity Sector and the total turnover resulting from the application of tolls and royalties referred to in Article 92 of Law 34/1998 of 7 October of the hydrocarbon sector.

Article 9. Institute for Energy Diversification and Savings.

The balance at December 31, 2011 of the item of "Cash and other equivalent liquid assets" of the annual accounts of the Institute for Energy Diversification and Savings will have the consideration of liquidable income from the electricity and gas systems for the purposes of the provisions of Royal Decree 2017/1997 of 26 December 1997, for which the procedure for the clearance of the costs of transport, distribution and marketing at tariff level is organised and regulated, permanent costs of the system and the costs of diversification and security of supply and in the Order ECO/2692/2002 of 28 October 2002 regulating the procedures for the settlement of the remuneration of regulated activities in the natural gas sector and of quotas with specific destinations and establishing the information system which companies must present themselves. The Institute for Energy Diversification and Saving will enable the necessary mechanisms to reintegrate the amounts corresponding to these funds by 31 December 2012, taking into account the nature of the assets in which the remaining assets have been invested in the deposit account which the National Energy Commission designates for that purpose.

This amount shall be deducted from the item "Cash and other equivalent liquid assets" corresponding to the Annual Accounts of that body in the corresponding financial years.

The allocation between the amount allocated to the electricity system and the gas sector will be proportional to the total turnover resulting from the application of the access tolls referred to in Article 18 of Law 54/1997, 27 In November, the Electricity Sector and the total turnover resulting from the application of tolls and royalties referred to in Article 92 of Law 34/1998 of 7 October of the hydrocarbon sector.

Article 10. Planning of the electrical energy transport network.

1. The System Operator will submit to the Ministry of Industry, Energy and Tourism by 30 June 2012 a proposal for planning the transport network based on the current and most likely macroeconomic scenario and the the expected evolution of demand and generation both under ordinary and special arrangements. The proposed proposal will have among its objectives the minimisation of the costs of the transport activity and the whole of the electrical system.

2. Until the approval by the Council of Ministers of a new planning of the electricity transmission network, the granting of new administrative authorizations for the transport facilities of the transport system is suspended. General Administration of the State.

3. The Directorate-General for Energy Policy and Mines will not be able to issue the report referred to in Article 36.3 of Law 54/1997 of 27 November of the Electricity Sector, in a favourable sense until the approval by the Council of Ministers. of the new power transmission grid planning.

4. The provisions of paragraphs 2 and 3 shall not apply to the facilities required for international interconnections.

5. By way of exception and by agreement of the Council of Ministers, the Directorate-General for Energy Policy and Mines may be authorised to issue the administrative authorization of those installations of their competence or for the issue of the of favourable reports in the case of transport facilities authorised by the Autonomous Communities. The exceptional nature will be justified if the non-construction of the plant poses an imminent risk in the security of supply or a negative economic impact on the electrical system, as well as if its construction is strategic for the State set.

Article 11. Application of the constraint mechanism by security of supply.

By way of exception for the year 2012, the maximum volume foreseen for that year in the Resolution of 30 December 2011, by the Secretary of State for Energy, laying down the quantities of coal, the maximum volume of production and prices of energy, for the year 2012 to be applied in the process of the resolution of restrictions by guarantee of supply, regulated in Royal Decree 134/2010, of 12 February, establishing the procedure of resolution of restrictions on security of supply and amending Royal Decree 2019/1997, of 26 of December, for which the electricity production market is organized and regulated, will be reduced by 10 percent.

Article 12. Payments by capacity.

1. By way of derogation for the year 2012, the amount corresponding to the long-term capacity investment incentive for the generation facilities to which the remuneration of the said incentive is applied is reduced to € 23,400 /MW/year. in accordance with the provisions of Annex III to Order ITC/2794/2007 of 27 September 2007 for the review of electricity tariffs as from 1 October 2007.

2. In addition, the amount of the incentive for environmental investment referred to in the second provision of Order ITC/3860/2007 of 28 December 2007, for which it is referred, is exceptionally reduced for the year 2012 to 7.875 €/MW/year. review the electricity tariffs from 1 January 2008.

3. The provisions of this Article shall apply to facilities of generation which are receiving the remuneration associated with the services referred to in paragraphs 1 and 2 to the entry into force of this Royal Decree-Law.

Article 13. Remuneration of the interruptibility service.

1. The Minister for Industry, Energy and Tourism, after reporting by the System Operator, is authorised to set the maximum annual amount to be collected by the suppliers providing the service for the management of the interruption demandad, as well as to the to lay down the arrangements for developing the necessary mechanisms to avoid exceeding that amount.

2. For the year 2012, the total remuneration of the service for the management of the demand for interruptibility, calculated as the sum of the remuneration to be collected individually by each of the suppliers who provide the service effectively in this period, in application of the formula defined in Article 6 of Order ITC/2370/2007 of 26 July 2007 regulating the service for the management of the demand for interruptibility for consumers who acquire their energy on the market of production, will amount to a maximum of 505 million euros.

3. For the purposes of the preceding paragraph, the remuneration to be paid by each supplier for the effective provision of the service shall be the amount resulting from the application of the said formula defined in Article 6 for that period. of Order ITC/2370/2007 of 26 July 2007, in proportion to the percentage of their individual remuneration calculated on the basis of the total remuneration of the service provider as a whole during the year 2012.

The System Operator will recalculate the amounts corresponding to the months of the year 2012 that have been communicated to the National Energy Commission until the entry into force of this royal decree-law in accordance with the provisions of the Article 15 of Order ITC/2370/2007 of 26 July 2007, both of the provisional remuneration of the service of interruptibility and of the penalties applied to it, and shall inform the Commission of the new amounts obtained in accordance with the procedure and time limits provided for in Article 15.

In the event that the Operator of the System has provisionally liquidated the entry into force of this royal decree-law, as set out in Article 16 of Order ITC/2370/2007 of 26 July 2007, the in respect of one of the months of the year 2012, the adjustment of the settlement for the purposes of compliance with this Article shall be carried out at the following provisional settlement.

Article 14. Remuneration for basic underground storage of natural gas.

1. In the case of underground storage, the remuneration for investment costs shall be payable from the day following that of the placing on the market of the installation concerned. As a general rule, the remuneration payable in each year "n" shall be paid during the year "n + 1", in accordance with the provisions of Order ECO/2692/2002 of 28 October 2002 governing the procedures for the settlement of remuneration of the regulated activities of the natural gas sector and of the quotas with specific destinations and the information system to be submitted by the companies is established.

Also, in the same calendar year, no remuneration will be paid in more than one calendar year. In case the final inclusion in the remuneration scheme referred to in Article 6.1 of Order ITC/3995/2006 of 29 December 2006 establishing the remuneration of the natural gas underground storage facilities included in the the basic network is not carried out within the same calendar year of its entry into service, the year 'j' in which the final inclusion is made in the remuneration scheme shall be paid the remuneration due in the year of the start of the installation, the Year "j + 1" shall be paid the remuneration due the following year of the start up and so on.

This same system shall apply to the costs of operation and maintenance, which shall also be incurred from the day following the day on which the installation in question is put into service.

For the year of commissioning, these costs will be calculated by prorating the number of full months during which the immobilized item "i" has been in service.

2. Without prejudice to the amounts accrued and requested in accordance with their specific regulatory provisions to the date of entry into force of this royal decree, the recognition of additional amounts in respect of the provisional remuneration in favour of holders of natural gas underground storage which have established such schemes.

3. Without prejudice to the provisions of Article 3.5 of Order ITC/3995/2006 of 29 December 2006, all contracts intended to carry out operation and maintenance work which are not directly borne by the concessionaire shall be notified to the Secretariat of State of Energy, which may reject or condition them. In any event, all of them shall be awarded in accordance with the principles of concurrency, transparency and minimum cost, except in cases where their impossibility is justified.

4. The Directorates of the areas, or where appropriate, Dependencies of the Areas of Industry and Energy, shall extend the corresponding entry-in-service minutes within the maximum period of one month after the holder accredits that the installation has worked. at least 48 hours followed in the environment of the nominal parameters, both in injection mode and in extraction mode.

However, those may extend a provisional duty on the storage pool after the conditions laid down in their respective administrative authorisations are verified on a basis of General for commissioning and the injection of the mattress gas may be started. From the day following that of the effectiveness of the provisional act and upon application by the promoters, the final remuneration may be paid. This final payment shall be approved in accordance with the terms, deadlines and conditions laid down in the legislation in force, and shall be considered as a transitional measure until the final entry into service is issued, in such a way that the amounts paid shall not be considered as firm until such minutes are issued.

From the request for such transitional remuneration and until the issuance of the final entry into service, the holders will provide guarantees in favour of the Directorate General for Energy Policy and Mines by the amount of 10%. percentage of the remuneration paid to meet the performance of the nominal operating parameters. This guarantee shall be progressively established in such a way that no later than 31 January of the year "n" shall be constituted by the amount actually paid in the calendar year "n-1" and shall be formalised in accordance with the terms laid down in Article 3 of the Regulation of the General Deposit Box approved by Royal Decree 161/1997 of 7 February.

Additional disposition first. Attention to vulnerable consumers of electrical energy.

Within three months of the entry into force of this royal decree-law, the marketing companies will have to make available to consumers the telephone service and telephone number, which it does reference to the transitional provision of Law 54/1997 of 27 November of the Electrical Sector.

Additional provision second. Obligation on the traders in relation to the service to pay attention to complaints.

The marketing companies will have to make the necessary adjustments to comply with the provisions of Article 81.2.n) of Law 34/1998 of 7 October of the hydrocarbon sector, before the end of three years. months from the entry into force of this royal decree-law.

Additional provision third. Validity and effectiveness of existing ratings.

Without prejudice to the provisions of the single transitional provision, all the enabling ratings and titles existing at 31 December 2009 granted under the legal regime established by Law 32/2003 of 3 November, General Telecommunications and its development regulations, will remain valid and effective, although the legal regime applicable to them will be the one that results from the rules introduced in the actual decree-law.

Additional provision fourth. Billing for electrical energy consumption.

The Minister of Industry, Energy and Tourism is empowered to adopt the necessary provisions to ensure that the amounts corresponding to additional recharges to be made to consumers of electricity in compliance with court decisions, provided that the balance for payment purposes is to be paid by the consumer, can be split into as many invoices as determined to be issued before 31 December 2012.

Additional provision fifth. Limitations on cost overruns in island and extra-island systems.

The Minister of Industry, Energy and Tourism is enabled to set limitations on the cost of access to the cost of fuel changes that may not be justified for technical reasons, in the generation plants of the island and extra-island electrical systems.

First transient disposition. Establishment of tolls for access to electricity networks and the gas system.

1. Until the National Energy Commission establishes the methodology for the calculation of the part of the tolls of access to the electricity networks corresponding to the costs of transport and distribution of electrical energy, according to the provisions In addition, the approval of the access tolls shall be carried out in accordance with Article 17 of Law 54/1997 of 27 January 1997, in addition to the provisions of Law No 34/1998 of 7 October 1998. November, of the Electrical Sector.

2. Until the National Energy Commission establishes the methodology for the calculation of the tolls and fees of the basic services of access to the gas installations, in accordance with the provisions of the additional provision The criteria laid down in that Law, as well as the provisions of Royal Decree 949/2002 of 3 August, for which the Directive is regulated, shall apply the criteria laid down in the Law No 34/1998 of 7 October 1998. Third-party access to gas installations and an integrated economic system of the natural gas sector and the development orders.

Second transient disposition. Installations belonging to the trunk network of pipelines.

1. Within the maximum period of two months from the entry into force of this royal decree-law, by order of the Minister of Industry, Energy and Tourism will determine the facilities of the Basic Network of Natural Gas that have the consideration of installations belonging to the natural gas backbone network.

The Minister of Industry, Energy and Tourism will also determine those facilities that, as a result of the development of the core network, will become part of the backbone network.

2. The companies that own some installation of the natural gas backbone shall request the National Energy Commission, before two months after the ministerial order referred to in the first subparagraph of paragraph 1. prior to this, the corresponding certification of separation of activities, or to present to it, prior contract of assignment of the management of the aforementioned facilities with some of the companies applicant of certification as a network manager independent.

Transitional provision third. Suspension of the processing of procedures relating to new regasification plants on peninsular territory.

1. The processing of all the procedures for the award of new regasification plants on peninsular territory, including administrative authorization, the authorization of the implementing project or the act of the putting into service of this type of facility.

2. However, those plants for regasification in the peninsular territory that have approved the project of execution, will be able to continue the construction of the infrastructure and then to request the granting of the act of commissioning, to the alone effects indicated in the following paragraph.

In the case referred to in the preceding paragraph, as for those regasification plants in peninsular territory which, at the entry into force of this decree-law, have been requested and have been suspended by virtue of the granting of the entry into service, the holders of which shall be entitled, after the expiry of the period of one month following the submission of the corresponding application for the entry into service of the conditions laid down by the Article 85 of the Royal Decree 1434/2002 of 27 December on the activities of the transport, distribution, marketing, supply and authorisation procedures for natural gas installations, for the recovery of transitional remuneration. Such transitional remuneration shall be equal to the financial remuneration of fixed assets and shall be calculated each year by applying the rate of remuneration in force for that type of facility (TRI) to the net value of the investment. In addition, and in order to ensure that the facility is ready to be put into service when it is determined, the Minister for Industry, Energy and Tourism shall determine the remuneration for operating and maintenance costs.

The government will be able to regulate the processing of these facilities.

3. This provision shall not apply to the extension of regasification plants which are already in operation.

Transitional disposition fourth. Suspension of the administrative authorisation of new transport pipelines and regulation and measurement stations.

1. Pending approval by the Council of Ministers of a new planning of the natural gas transport network, the processing of transport pipelines and stations of regulation and measurement, pending to obtain or to request, is suspended. the administrative authorisation, included in the planning document for the electricity and gas sectors 2008-2016, approved by agreement of the Council of Ministers on 30 May 2008 and amended by Order ITC/2906/2010 of 8 November 2010, by the adoption of the annual programme of facilities and actions of an exceptional nature Electricity and natural gas transport networks, which are not considered to be international or economically profitable commitments for the system by the increase in the associated demand.

By agreement of the Council of Ministers, the individualized and exceptional processing of these facilities can be restored. The exceptional nature will be justified if the non-construction of the facility within the 3-year period poses an imminent risk in the security of supply or a negative economic impact on the gas system, as well as if its construction results strategic for the State as a whole.

2. The first paragraph of this provision shall not apply to pipelines dedicated to the supply of their area of influence. In this case, in order to justify the economic profitability of the infrastructure, together with the application for the authorization of the installation, the promoters must present to the Directorate General of Energy Policy and Mines and to the competent to authorise the installation, a commitment of the potential consumers and, where appropriate, of the corresponding distributors, where the estimated quantity of the estimated quantity of each relevant consumer (greater than 1 GWh/year) is credited natural gas to be consumed annually for the next 6 years, the expected start date the gas consumption of each consumer and the supply pressure. On the basis of that information, the competent authority to authorise such installation shall analyse the economic viability of the investment to be carried out in the project. If the necessary toll revenue is not achieved, the need to build such infrastructure would not be sufficiently justified and the authorisation will be refused. Where, after the infrastructure has been put into service, the necessary levels of consumption which have justified its construction are not reached, the remuneration of the carrier shall be reduced in such a way that the gas system does not suffer any mismatch arising from the construction of such infrastructure. The Minister for Industry, Energy and Tourism will establish how the remuneration of such facilities will be reduced.

3. For the purposes of the first subparagraph of this provision, the following infrastructures linked to previously acquired international commitments are excluded:

a) Tajo-Yela's Zarza Pipeline. Infrastructure associated with the Larrau international connection.

b) Euskadour Compression Station. Infrastructure associated with the international connection of Irun/Biriatou.

Transient disposition fifth. System operator funding.

Until the development of the methodology provided for in Article 16 (10) of Law 54/1997 of 27 November of the Electrical Sector, the financing of the system operator shall be established by order of the Minister of Industry, Energy and Tourism.

Transitional disposition sixth. Extension of the validity of the Resolutions of the General Directorate of Energy Policy and Mines establishing the rates of last resort of electric power and the rate of last resort of natural gas to be applied in the first trimester of 2012.

1. By way of exception, the validity of the prices for the last resort tariff contained in the Resolution of 30 December 2011, of the Directorate-General for Energy Policy and Mines, establishing the cost of production, is hereby extended. of electricity and the tariffs of last resort to be applied in the period from 23 to 31 December 2011, and in the first quarter of 2012, the subject of correction of errors by Resolution of 2 February 2012 of the Directorate General Energy Policy and Mines.

However, the prices of the last resort tariff of that resolution will be revised to incorporate, in an additive manner as provided for in article 18 of Law 54/1997, of 27 November, of the Electrical Sector, the updates to be made on the prices of the tolls for access to the transport and distribution networks. Such review shall take effect from 1 April 2012 and, where appropriate, give rise to the corresponding additional recharges, as provided for in the fourth additional provision of this Royal Decree-Law.

2. By way of exception, the rate of last resort of natural gas approved by Resolution of 30 December 2011, of the Directorate General for Energy Policy and Mines for which the rate of last gas resource is published, is extended. natural.

However, the rate of last resort will be revised to incorporate the updates that are made of the fixed and variable terms of the tolls and system access charges. The variable term shall also be updated with the cost of the raw material, Cn, according to the value obtained from the application of the formula in Article 8 of Order ITC/1660/2009 of 22 June establishing the methodology for calculating the the rate of last resort of natural gas. Exceptionally and without prejudice to the provisions of Article 10 of Order ITC/1660/2009 of 22 June, this review shall take effect from the date indicated in the Resolution of the Directorate-General for Energy Policy and Mines, which set the new rate.

Transitional disposition seventh. Restrictions on the principles of technological neutrality and services in the enabling titles for the use of radio spectrum for the provision of electronic communications services.

1. The conditions set out in the enabling titles for the use of radio spectrum for the provision of electronic communications services granted before 25 May 2011 and which involve restrictions on the use of radio spectrum principles of technological neutrality and services in the terms set out in paragraphs 6 to 8 of Article 43 of Law 32/2003 of 3 November, General Telecommunications, shall remain valid until 25 May 2016.

2. By way of derogation from the above, holders of enabling titles for the use of radio spectrum for the provision of electronic communications services whose term of validity extends beyond 25 May 2016 may apply to the Secretariat of State of Telecommunications and the Information Society before 25 May 2016 an assessment of the restrictions on the principles of technological and service neutrality in the terms set out in paragraphs 6 Article 43 of Law 32/2003 of 3 November, General of Telecommunications, which have imposed on their enabling titles.

Before issuing a resolution, the Secretary of State for Telecommunications and the Information Society shall notify the holder of the enabling title of his new assessment of the restrictions, indicating the extent of his title to root of it and give you 15 days to withdraw your application.

If the holder of the title desist from his application, the restrictions on the principles of technological neutrality and services established in the enabling title would remain unchanged until 25 May 2016, unless the title is previously extinguished.

3. From 25 May 2016, the principles of technology and service neutrality shall apply to all the enabling securities for the use of spectrum for the provision of electronic communications services granted before the end of the year. 25 May 2011, without prejudice to any restrictions that may be imposed in the terms set out in paragraphs 6 to 8 of Article 43 of Law 32/2003 of 3 November, General Telecommunications.

4. In the application of this provision, appropriate measures shall be taken to promote fair competition.

5. The measures to be taken to implement this provision shall in no case have the consideration of granting a new enabling title.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree-law, and in particular:

(a) Paragraphs (e) and (i) of Article 49.2 of Law 34/1998 of 7 October of the hydrocarbon sector.

(b) The third additional provision of Law 17/2007 of 4 July amending Law 54/1997 of 27 November 1997 on the Electrical Sector to bring it into line with the provisions of Directive 2003 /54/EC of the European Parliament and of the Council of the Council of 26 June 2003 on common rules for the internal market in electricity.

c) The first provision of Law 7/2010, of 31 March, General of Audiovisual Communication.

(d) The last subparagraph of paragraph 1 (general operator charge) of Annex I of Law 32/2003 of 3 November, General Telecommunications.

Final disposition first. Incorporation of Community law.

1. Article 1 of this royal decree-law partially incorporates into Spanish law Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in electricity and the repealing Directive 2003 /54/EC and 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.

2. Article 2 of this royal decree-law partially incorporates into Spanish law Directive 2009 /73/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in natural gas and on the Directive 2003 /55/EC is repealed.

3. Articles 3 and 4 of this Royal Decree-law incorporate into the Spanish legal order Directive 2009 /136/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002 /22/EC, on the universal service and the rights of users in relation to electronic communications networks and services; Directive 2002/58/EC on the processing of personal data and the protection of privacy in the sector of electronic communications and Regulation (EC) No 2006/2004 on cooperation in the field of protection of consumers, as well as Directive 2009 /140/EC of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/21/EC on a common regulatory framework for networks and services electronic communications; Directive 2002/19/EC of 7 March 2002 of the European Parliament and of the Council on access to and interconnection of electronic communications networks and associated facilities; and Directive 2002 /20/EC, on the authorisation of electronic communications networks and services, respectively.

Final disposition second. Amendment of Law 54/1997 of 27 November of the Electrical Sector.

A new paragraph 10 is added to Article 16 of Law 54/1997 of 27 November of the Electrical Sector with the following wording:

" 10. The remuneration of the system operator shall be established in accordance with the methodology determined by the Government in the light of the services it provides.

The remuneration of the system operator shall be fixed annually by the Ministry of Industry, Energy and Tourism when the tolls are reviewed.

Your amount will be financed based on the prices charged to the subjects. These prices will be fixed by the Ministry of Industry, Energy and Tourism. "

Final disposition third. Amendment of Law 34/1998 of 7 October of the hydrocarbon sector.

Law 34/1998 of 7 October of the hydrocarbon sector is amended as follows:

One. Point (f) of paragraph 2 of that of the additional twelfth provision of Law 34/1998, of the hydrocarbon sector, is amended as follows:

" f) Types of lien and quota. The rate at which the tax base will be multiplied to determine the tax rate to be entered in the National Energy Commission is 0.150 percent for the tolls referred to in Article 17 of Law 54/1997 of 27 November 1997. Electrical Sector. "

Two. Point 3 (e) of the second paragraph of Article 12 (2) of Law No 34/1998 of the hydrocarbon sector is amended and read as follows:

" e) Types of lien and quota. The rate at which the tax base will be multiplied to determine the tax rate to be entered in the National Energy Commission is 0.140 percent. "

Final disposition fourth. Amendment of Royal Decree 1747/2003 of 19 December 2003 regulating the island and extra-island electrical systems.

Royal Decree 1747/2003 of 19 December 2003 regulating the island and extra-island electrical systems is amended as follows:

One. The second paragraph of Article 6.4 is amended as follows:

" The total power to be considered in the power guarantee to be paid for each SEIE shall be that defined as the power required by Article 2.3. The installed power of new generation facilities in the island and extra-island electrical systems exceeding the required power as defined in Article 2.3 may be considered for the calculation of the power guarantee of that power installation provided that it replaces the power of facilities already amortised in operation for reasons of security of supply or technical and economic efficiency of the system. '

Two. The last subparagraph of Article 6 (4) concerning the remuneration of the plants already amortised is deleted.

Final disposition fifth. Competitive titles.

1. Title I and III and the first and second and second transitional provisions, first and second, and second to fourth, are given in accordance with the powers which correspond to the State in accordance with Rules 13 and 25. the Spanish Constitution, which gives the exclusive competence to determine the bases and coordination of the general planning of the economic activity and the bases of the mining and energy regime, respectively.

2. Article 3 of Title II and the additional third and transitional provisions, as well as the sixth final provision, are given under the exclusive State competence in the field of telecommunications, provided for in Article 3 (2) of the Treaty. 149.1.21. 1st of the Constitution.

3. Article 4 of Title II itself is dictated by the powers conferred on the State in the field of commercial and procedural law, civil law and telecommunications, by virtue of Article 149.1 of Article 149.1 of the Treaty. Constitution, without prejudice to the powers of the Autonomous Communities.

Final disposition sixth. Abolition of the State Radiocommunications Agency.

1. The State Radiocommunications Agency set up by Article 47 of Law 32/2003 of 3 November, General Telecommunications, is deleted.

2. The functions and powers which the State Radiocommunications Agency was assigned shall be construed as being attributed to the Secretariat of State of Telecommunications and to the Information Society.

3. Any reference to Law 32/2003, of 3 November, General of Telecommunications and other current regulations made in relation to the State Agency of Radiocommunications, shall be understood to be carried out in favor of the Secretariat of State of Telecommunications and the Information Society.

Final disposition seventh. Enabling regulatory development.

The Government is authorized to give, within the scope of its powers, the necessary regulatory provisions for the development and implementation of this royal decree-law.

Final disposition octave. Entry into force.

This royal decree-law shall enter into force on the day following that of its publication in the "Official Gazette of the State", with the exception of the amendment to Article 63b of Law 34/1998 of 7 October of the Hydrocarbons, which will enter into force on 3 March 2013, and as provided for in the second final provision which will apply from the date on which the Agreement of the Council of Ministers establishing the methodology to be applied is effective. disposition refers to.

Given in Madrid, on March 30, 2012.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY

ANNEX I

Remuneration for the year 2012 of distribution companies with less than 100,000 customers connected to their networks

R1-016

R1-020

R1-027

R1-030

R1-044

R1-045

R1-046

R1-048

R1-049

R1-065

R1-068

R1-071

R1-093

R1-117

R1-127

R1-136

R1-139

R1-140

R1-152

R1-157

R1-166

R1-179

R1-186

R1-199

R1-226

R1-236

R1-244

R1-250

R1-256

R1-271

R1-282

R1-288

R1-295

R1-301

R1-309

R1-319

R1-327

R1-336

R1-350

R1-351

R1-354

R1-358

R1-362

R1-363

R1-365

	Distributor Company	Euros
R1-014	ELECTRICAL ENERGY, S.A.	6.864.117
R1-015	BASSOLS ENERGY S.A.	11.734,726
CALDENSE, S.A.	4.520.826
R1-017	MAESTRAZGO, S.A.	5.258.995
R1-018	ANELL and PAHISA ENERGY, S.A.	19.008.567
R1-019	EBRO ELECTRIC, S.A.	3.614.050
ELECTRICAL PRODUCER URGELENSE, S.A. (PEUSA)	4,025,700
R1-021	ELECTRICITY SUPPLY FROM CADIZ, S.A.	21,079,935
R1-022	CENTRAL ELECTRIC SESTELO AND CIA, S.A.	5.038.831
R1-023	3.905.868
R1-024		124,808
	R1-025	INDUSTRIES PEDROCHES ' LIVESTOCK, S.A.	5.528.073
R1-026	ARAGON I, S. L. U.	4.085.667
GAS AND ELECTRICITY COMPANY, S.A.	9.236.762
R1-028	MEDINA GARVEY ELECTRICITY, S.L.U.	R1-029
	R1-029	R1-029	R1-029	Table_table_der" >2.679.857
CEUTA DISTRIBUTION ELECTRIC LIGHTING COMPANY, S.A.U.	9.410.708
R1-031	ENRIQUE GARCIA SERRANO LECTRICA DISTRIBUTOR. S. L.	242.479
R1-032	DISTRIBUTION POWER REPSOL, S.L.	2.923.263
R1-033	SDAD. COOP. VALENCIANA LTDA. CONS ' CHARITY. OF ELECT. "ASIS SAN FRANCISCO" DE CREV.	4,501,972
R1-034	ELECTRICITY FROM PUERTO REAL, S.A. (EPRESA)	3.282.291
R1-035	WEST ELECTRICAL DISTRIBUTION, S.L.U.	8.247,985
R1-036	BERMEJA ELECTRICAL DISTRIBUTOR, S.A.	4.132,588
	R1-037		2.544.246
	R1-038	SEROSENSE ELECTRICAL DISTRIBUIDORA, S.L.	3.236.419
R1-039	LARACHA HYDROELECTRIC, S.L.	2.176.644
R1-040	TUY ELECTRICIAN SOCIETY, S.A.	2.808.734
R1-041	HIGH MINO, S.A.	2.657.545
	R1-042	UNION OF ELECTRICITY DISTRIBUTORS, S.A. (UDESA)	3.739.114
R1-043	ANSELMO LEON DISTRIBUTION, S.L.	4.508.206
COUNTY ELECTRICITY COMPANY, S.A.	3.878.238
1.337.392
ELECTRICAL DISTRIBUTOR TENTUDIA. S.L.U.	1.906.798
R1-047	FÉLIX GONZÁLEZ, S.A.	3.565.642
THE PROHIDA ELECTRIC DISTRIBUTION, S.L.	1.256.577
ELECTRICAL PITARCH DISTRIBUTION, S.L.U.	7.507.171
R1-050	CHILDREN OF JACINTO GUILLEN DISTRIBUTOR ELECTRIC, S.L.U.	2.754,606
R1-051	JUAN DE FRUITS GARCIA, S.L.	1.239.803
R1-052	LERSA ELECTRICITAT, S.L.	1.588.474
R1-053	DIELESUR, S.L.	2.550.330
R1-054	ENERGY OF MIAJADAS, S.A.	2.412.368
R1-055	WATERS OF BARBASTRO ELECTRICITY, S.A.	2.108,776
R1-056	VALUE OF SOLLER ENERGY S.L. U (EL GAS, S.A.)	2.856.951
R1-057	ROMERO CANDAU, S.L.	1.880.663
R1-058	SILLEDA, S.L.	2.037.066
R1-059	RURAL ELECTRIFICATION GROUP S. COOP R. L.	2.325.863
R1-060	SPECIAL SUPPLIES ALGINETENSES, S. COOP. V.	2.067.006
R1-061	ONARGI, S.L.	R1-062
	supply of light and force, S.L.	3.216.816
R1-063	BENEFICIAL ELECTRICAL COOPERATIVE CATRALENSE, COOP. V.	854,825
R1-064	CARBAYIN, S.A.	1.052.207
GUIXES, S.L.	588,622
R1-066	ELECTRIC COWBOY, S.A.	795.253
R1-067	KNIGHT REBOLLO BROTHERS, S.L.	157.318
ELECTRIFICATION COMPANY, S.L.	644.370
R1-069	ELECTRICAL DISTRIBUTOR MELON, S.L.	294.161
R1-070	CABALAR, S.L.		356.592
GAYOSO, S.L.	538,000
R1-072	NARAHIO S.A.	1.113.582
R1-073	BARCIADEMERA ELECTRIC, S.L.	44.110
	R1-074	CABANAS, S.L.	228.457
R1-075	GRES ELECTRICAL, S.L.	173.838
R1-076	ELECTRICAL OPERATING SYSTEM, S.L.	1.607,877
R1-077	ELECTRIC CORvera, S.L.	1.008.090
R1-078	ELECTRICAL FUCINOS RIVAS, S.L.	802,877
R1-079	ELECTRIC MILLS, S.L.	R1-080
	R1-080	R1-080	364,699
R1-081	SAN MIGUEL 2000 DISTRIBUTION, S.L.U.	576,000
R1-082	SUCCESSORS OF MANUEL LEIRA, S.L.	354.134
R1-083	BERRUZA, S.A.	1.024.755
R1-084	BLÁZQUEZ, S.L.	487.479
R1-085	CENTRAL ICA MITJANS, S.L.	175.898
R1-086	CENTRAL ELECTRICAL SAN FRANCISCO, S.L.	635.277
R1-087	DISTRIBUTION ELECTRIC LAS MERCEDES, S.L.	687.104
R1-088	ELECTRIC DE CANILES, S.L.	395.829
R1-089	RELEU ELECTRICAL DISTRIBUTOR, S.L.	469.402
R1-090	ADURIZ, S.A.	3.195.525
R1-091	AVELLANA S.L.	815.736
R1-092	CASTILEJENSE, S.A.	562.940
	33.194
	R1-094		R1-094		R1-094 Zant_table_izq"> SAN CRISTOBAL, S.L.	448.310
R1-095	\ENDASH {\CS6\F1\CF6\LANG1024} \ENDASH S.A.	470.534
R1-096	ELECTRIC THE WIN OF FUENHOT, S.A.	255.129
R1-097	505.505
	R1-098	ELECTRICITY NTRA. SRA. FROM THE REMEDIA, S.L.	1.143.846
R1-099	ELECTRICITAT LA AURORA, S.L.	549.100
R1-100	ALMODOVAR DISTRIBUTION OF THE FIELD, S.A.	990.181
R1-101	IBM MODEL, S.L.	1.460.473
R1-102	COMPANY DE ELECTRICIDAD SAN JOSÉ, S.A.	492,545
R1-103	HYDROELECTRIC DE SAN CIPRIANO DE RUEDA, S.L.	347.538
R1-104	CHILLA VIRGIN HYDROELECTRIC, S.L.	1.262.847
R1-105	THE ERNESTINA, S.A.	715,811
R1-106	DIELENOR, S.L.	1.417.899
R1-107	ELECTRIC POWER DISTRIBUTION OF THE BAGES, S. A	1.389.261
R1-108	ENERGY ALCOMER, S.L.U.	878.396
R1-109	ELECTRIC MAFERGA, S.L.	200.403
R1-110	GRACE UNZUETA HIDALGO E CHILDREN, S.L.	217.242
R1-111	AURORA GINER REIG, S.L.	75.210
R1-112	ARDALES ELECTRIC DISTRIBUTOR, S.L.	419.266
R1-113	SIERRA magina, S.L.	432,503
R1-114	ELECTRIC BROTHERS CASTRO RODRIGUEZ, S.L.	333,913
R1-115	HYDROELECTRIC VEGA, S.A.	1.677.080
R1-116	CHILD OF JORGE MARTIN, S.A.	241.354
JOSÉ RIPOLL ALBELL, S.L.	285.971
R1-118	JOSEFA GIL COSTA, S.L.	32.111
	R1-119	LEANDRO PEREZ ALFONSO, S.L.	641,628
R1-120	ELORRIO ELECTRIC DISTRIBUTION COMPANY, S.A.	210.847
R1-121	NTRA ELECTRIC COMPANY. SRA. DE LOS DESTITUTE, S. L.	1.029,933
R1-122	ELECTRICAL DISTRIBUTOR OF GAUCIN, S.L.	571.296
R1-123	ALVARO BENITO, S.L.	139.023
R1-124	221,032
	R1-125	ELECTRICAL BODY, R1-125	S.L.	107.012
R1-126	ELECTRICITY HIJATE, S.L.	198.142
JUAN N. DIAZ GALVEZ AND BROTHERS, S.L.	840,351
R1-128	DE CHERA, S.C.V.	109,961
R1-129	HYDROELECTRIC GOMEZ, S.L.U.	187.453
R1-130	ALARAZ HYDROELECTRIC, S.L.	150.471
R1-131	ISMAEL BIOSCA, S.L.	663,621
R1-132	ICA SAN SERVAN, S.L.	465,872
R1-133	2.014.135
R1-134	LOMA, S.L.	536.678
R1-135	ELECTRICAL TO LA ROSA, S.L.	169.268
ELECTRICAL SAN GREGORIO, S.L.	101.115
R1-137	GARCIA HEIRS BAZ, S.L.	110.584
R1-138	ELECTRICITY SIERRO, S.L.	52,979
236.601
	R1-140		R1-140	424,182
	R1-141	HELIODORA GOMEZ, S.A.	207,787
R1-142	LUIS RANGEL AND HNOS, S.A.	651,028
R1-143	SERVILIANO GARCIA, S.A.	1.305.760
R1-145	CALLOSA DE SEGURA, S.V. L.	1.567.073
R1-146	JOSE FERRE SECURE E CHILDREN, S.R.L.	1.318.805
R1-147	JOSE ANTONIO MARTINEZ, S.L.	117,588
	R1-148	ELECTRICITY PASTOR, S.L.	610.366
R1-149	CHILDREN OF FELIPE GARCIA ALVAREZ, S.L.	111.233
R1-150	CASTELLAR ELECTRICAL COOPERATIVE, S.C.V.	574.103
R1-151	ALBATERENSE CHARITY COOPERATIVE, COOP.V.	1.096.476
MELIANA ELECTRIC, VALENCIAN COOPERATIVE SOCIETY	403,478
R1-153	CAMPRODON S.C.C.L. ELECTRIC FLUID POPULAR COOPERATIVE	308.361
R1-154	131.547
R1-155	ELECTRICAL VINALESA, S.C.V.	332.957
R1-156	DURRO, S.L.U.	Table_table_der" > 53,518
ELECTRIC DE GUADASUAR, SDAD. COOP. V.	1.1.31.171
R1-158	CHERA S.C.V. SOT ELECTRICAL	121,637
R1-159	ICA NTRA. SRA. FROM GRACE, SDAD. COOP VALENCIANA	1.207.790
R1-160	FORCE AND ALUB ELECTRODISTRIBUTOR. CASABLANCA S.C.V.	176.124
R1-161	ELECTRIC POWER OF MUSEROS, S. C. V.	275.695
R1-162	DELGICHI, S.L.	43,000
R1-163	DIELEC GUERRERO LORENT, S.L.	82,470
R1-164	DISTRIBUTION OF ELECTRICDAD VALLE DE SANTA ANA, S.L.	110.066
R1-165	TORREHERMOSA FARM ELECTRICAL DISTRIBUTOR, S.L.	358.110
ELECTRIC SANTA CLARA, S.L.	374.239
R1-167	COMPANY ELECTRICA MARTÍN SILVA POZO, S.L.	505,544
R1-168	HYDROELECTRIC SAN BUENAVENTURA, S.L.	259.418
R1-169	SANTA TERESA, S.L.	62,957
	R1-170	CHILDREN OF CASIANO SANCHEZ, S.L.	58.296
R1-171	ELECTRIC SOCIETY JEREZ DEL MARQUESADO S.A.	167.070
R1-172	AMIEVA, S.L.	106.697
R1-173	HYDROELECTRIC DOMÍNGUEZ, S.L.	60,541
R1-174	CONSOLE, S.L.U.	R1-175
	R1-175	ELECTRICAL DISTRIBUTIONS PORTILLO, S.L.	R1-176
	jafre, S.A.	707.273	R1-176
R1-177	ELECTRICA LOS LAURELES, S.L.	301.935
R1-178	ELECTRICAL SAN JOSE LABORER, S.L.	166.609
ENERGY ACTIVITIES, S.A.	516.662
R1-180	C. MARCIAL CHACON E SONS, S.L.	1.600.333
R1-181	ELECTRIC MORO BENITO, S.L.	120.313
R1-182	SOURCES AND COMPANY, S.L.	943,476
R1-183	LA ELECTRIC DE VALL DE EBO, S.L.	50,574
R1-184	ANTOLINA RUIZ RUIZ, S.L.U.	31,199
R1-185	NORTHWEST ELECTRICAL ENERGY DISTRIBUTIONS, S.L.	44,391
	249.439
R1-187	HYDROELECTRIC POWER, S.L.	255.342
R1-188	ELECTRICITY LA ASUNCIÓN, S.L.	65.280
R1-190		371.562
	R1-191		R1-191		R1-191	981.202
	R1-192	CASTELLANO LEONESA, S.A.	195.079
R1-193	VALDIVIELSO, S.A.	67,526
R1-194	SAN PEDRO, S.L.	685,831
R1-195		172.841
R1-196	ROUND SERRANIA ELECTRIC, S.L.	1.149.265
R1-197	EBROANAS, S.L.	152,547
R1-198	SACRED HEART OF JESUS, S.L.	190.169
MONESTERIO ELECTRICAL DISTRIBUTOR, S.L.U.	1.793.276
R1-200	BRAVO SAEZ, S.L.		255.063
R1-201	OUR LADY OF THE SAINTS, S.L.	658.471
R1-202	OLD MILL DE VILALLER, S.A.	109.849
R1-203	VARGAS AND COMPANY ELECTRO HARINERA SAN RAMON, S.A.	470.678
R1-204		1.584.391
	R1-205	ICASA DISTRIBUTION ENERGY, S.L.	36.591
R1-206	ELECTRICAL DISTRIBUTIONS OF THE ERIA, S.L.	78,146
R1-207	ISABA ELECTRICAL DISTRIBUTOR, S.L.U.	94,636
R1-208	ENERFRIAS, S.L.	138.175
R1-210	CENTRAL ELECTRIC SAN ANTONIO, S.L.	664.282
R1-211	CUNPRESSE, S.L.	535.382
R1-213	BENUZA, S.L.	214.370
R1-214	136,964	136,964
R1-215	HUEBRA ELECTRICAL, S.L.	90.753
R1-216	NAVASFRIAS S.L. ELECTRIC DISTRIBUTOR	200.454
R1-217	ELECTRICAL MESTANZA R.V., S.L.	87,242
R1-218	HYDROELECTRIC DE CATALUNYA, S.L.	1.206.485
R1-219	ABUSE, S.L.	1.09,544
	R1-220	CANTONA S.L.	88,967
R1-221	ELECTRICA GILENA, S.L.U.	375,624
R1-222	PANTICOSA S.L. ENERGIES	314.525
R1-223	HEIRS OF EMILIO GAMERO, S.L.	789.255
R1-224	MONTOLIU ELECTRICAL DISTRIBUTOR, S.L.U.	87.422
R1-225	BANESA, S.L.	76,700
R1-226
GLORIA MARISCAL, S.L.	116.377
R1-227	RUIZ DE LA TORRE, S.L.	1.051.154
R1-228	CELA LIGHT, S.L.	130.032
R1-229	ELECTRIC SAN MARCOS, S.L.	48,835
R1-231	ICA CUROS, S.L.	584,899
R1-232	EN VALDIZARBE, S.A.	1.207.382
R1-233	ICA LATORRE, S.L.	515.731
R1-234	CASTRO CALDELAS, S.L.	206.467
THE PROGRESS OF THE PYRENEES-HEIRS OF FRANCISCO BOLLO QUELLA, S.L.	473.650
R1-237	MONTESLIGHT ELECTRICAL DISTRIBUTION, S.L.	370.682
R1-238	EMILIO PADILLA E CHILDREN, S.L.	127.172
R1-239	CABRERA JUMPS, S.L.	281,653
R1-240	DISTRIBUTION ELECTRICAL POWER OF PARCENT, S.L.	173.967
R1-241	ELECTRIC POWER DISTRIBUTOR TORRECILLAS VIDAL, S.L.	156,938
R1-242	INDUSTRIAL ELECTRICAL, S.L.U.	188,736
R1-243	114.032
HYDROELECTRIC JOSE SLAUGHTER GARCIA, S.L.	221,785
R1-245	DISTRIBUTION AND ELECTRICAL CHARITY AND ILDEFONSO, S.L.	131.189
R1-246	FELIPE BLÁZQUEZ, S.L.	196.181
R1-247	INPECUARIAS TORRECAMPO, S.L.	161,505
R1-248	E. SAAVEDRA, S.A.	365.241
R1-249	JUAN AND FRANCISCO ESTEVE MAS S.L.	68.710
ELECTRIC LIGHT THE S. L MOLARS	344,795
R1-251	SERVICES URBAN DE CERLER, S.A. (SUCSA)	339.625
R1-252	HEIRS TO CARLOS OLTRA, S.L.	44,713
R1-253	FEREZ ELECTRICAL COMPANY, S.L.	368,697
R1-254	OUTPUT S.L.	536.489
R1-255	ELECTRIC SANTA LEONOR S.L.	123,930
EMDECORIA, S.L.	1.303.214
R1-257	CHILDREN OF FRANCISCO SCARCE S.L.	1.232,773
R1-258	ELECTRICITY MILLARENSE, S.A.U.	125.393
R1-259	MUNICIPAL ELECTRIC VILORIA, S.L.	117.233
R1-260	S.L.	195.727
R1-261	SAN BARTOLOMÉ, S.L.	262.726
R1-262	GUADALFEO, S.L.	453.224
R1-264	SANTA MARTA VILLALBA, S.L.	1.129.810
R1-265	HEIRS OF MARIA ALONSO CARRIAGEWAY. SALES OF REBaños S.L.	85,763
R1-266	CHILDREN OF MANUEL PERLES VICENS, S.L.	96.392
R1-267	SEE, S.L.	34,029
R1-268	ADDE_TABLE_FILE CENTERS, S.L.	1.510.919
R1-269	MANUEL ROBRES CELADES, S.L.U.	55.293
R1-270	FOXO, S.L.	345.344
ALCOLECHA ELECTRICAL DISTRIBUTION, S.L.	34,599
R1-272		459,992
R1-273	MUNICIPAL ENTERPRISE D' ENERGY ELECTRIC TORRES DEL SEGRE, S.L.	405.430
R1-274	ELEC VALL DE BOI, S.L.	77,940
R1-275	VALDRIZ, S.L.	171.376
R1-276	IGNORE JIMENEZ DE TORRES, S.L.	55.469
R1-277	ELECTRIC FOG, S.L.	522.666
R1-278	TOLARGI, S.L.	1.490.258
R1-279	MONTSEC SL ELECTRIC	361.406
R1-281	GALLEGO, S.L.	232.061
232.061
CATOIRA ELECTRICAL DISTRIBUTOR, S.A.	206.197
R1-283	ELECTRIC WELL S. COOP.MADRILENA.	393.373
R1-284	APHRODISIO PASCUAL ALONSO, S.L.	171.269
R1-285	BENASQUE, S.L.	777.229
	R1-286	POZUELO ELECTRICAL DISTRIBUTIONS, S.A.	95,691
R1-287	LAZARO ' S HOUSE ELECTRICAL DISTRIBUTOR, S.A.	192.221
ALNEGA, S.L.	58.997
R1-289	ESCARRILLA, S.L.	68,390
R1-290	ALBERGUERIA ELECTRICAL, S.A.	379,677
R1-291	JORQUERA ELECTRICAL COMPANY, S.L.	50,162
R1-292	ELECTRICAL TO THE MOLINA, S.L.	194.058
R1-293	HYDROELECTRIC COTO MINING DISTRIBUTION, S.L.U.	209.421
R1-294	CROSS PORT ELECTRICAL DISTRIBUTOR, S.A.	6.947.457
	343.065
	R1-296	DISTRIBUTOR ELECTRICA D' ALBATARREC, SL	281.242
R1-297	ORBAICETTA, S.L.	38.258
R1-298	ENERFIFTH SL POWER DISTRIBUTOR	89,512
R1-300	80,915
ALARCON NAVARRO ELECTRIC COMPANY, S.L.	314.878
R1-302	ARAMAIOKO ARGINDAR BANATZAILEA, S.A.	152,728
R1-304	HYDROFLAMCELL, S.L.	702.703
R1-305	SDAD. MUNICIPAL DE DISTRICT. LLAVORSI S.L. ELECTRICAL	118.153
R1-306	HELIODORO CHAFER, S.L.	343.384
R1-307	LORENTE WELL, S. L.	99.132
PEDRO SANCHEZ IBANEZ, S.L.	274.529
R1-310	GROUPING ESCUER S.L. DISTRIBUTOR	17.183
R1-312	BEING SOLD TO THE VENDUL S. L	34,781
R1-313	LEINTZARGI, S.L.	30.614
R1-314	PONTS ELECTRICAL DISTRIBUTOR S.L. (D.E.P. S.L.).	112,000
R1-317	POPULAR ELECTRIC, S. COOP.MAD	322.641
SINARCHENSE, S.L.U.	187.983
R1-320	SERVICES AND MUNICIPAL SUPPLIES ARAS, S.L.U.	135.211
R1-323	ELECTRIC FORCES OF BOGARRA S.A. (FOBOSA).	462,070
R1-325	MUNICIPAL ENTERPRISE OF DISTRIBUCIO D' ENERGY ELECTRICA D' ALMENAR, S.L.U.	668.274
R1-326	TUDANCA, S.L.	69,353
225.341
R1-328	INSTALLATIONS ELECTRIC RIO ISABENA S.L.	550.805
R1-329	TALAYUELAS ELECTRIC DISTRIBUTIONS, S.L.	253.034
R1-330	CABRIEL ELECTRICAL COMPANY, S.L.	121.574
R1-335	CHULILLA, S.L.	143.001
40,118	CATENERIBAS S.L.U.
R1-337	TIRVIA ELECTRICAL DISTRIBUTION MUNICIPAL, S.L.	29,361
R1-338	ELECTRICAL SUPPLIES ISABENA, S.L.	131,330
R1-339	TO URDAZUBI S.L.	263,723
R1-340	COSTUR ELECTRIC, SL	78,675
R1-341	TALN ELECTRIC MUNICIPAL ELECTRICAL SL.	69,610
R1-342	LIGAR, S.L.	703.027
R1-343	FIELD VILLA ENERGIES, S.L.U.	118,995
R1-344	MANAGING THE ELECTRICAL SERVICE DONE S. L	184.063
R1-345	ELECTRICITY ALCONERA, S.L.	113,528
R1-346	TEUJAR, S.L.	251,740
R1-347	ELECTRICAL ROOMS, S.L.	76,300
R1-348	-HARINERA BELSETANA, S. COOP.	25,526
R1-349	LA CONSTANCIA-AREN, S.L.	71,347
R1-350	ANSO S.L. VALLEY ELECTRICAL DISTRIBUTOR	93.380
140.194
	R1-352	HYDROBESORA, 140.194	S.L.	83,943
R1-353	ELECTRIC COLLADO BLANCO, S.L.	168,651
LLUM D' AIN, S.L.	45.962
R1-355	ICESC S.L.	237,624
R1-356	COOPERATIVE V.E.F.A. "SERRALLO"	39.153
R1-357	MALCOOKED S.L. U	Table_table_der" > 103.103
VALLANAC, S.L.	52,369
R1-359	MANZANEDA, S.L.	136.598
R1-360	MUNICIPAL ELECTRIC SANTA COLOMA DE QUERALT S. L	421.876
R1-361	GISTAIN, S.L.	ELECTRICAL DISTRIBUTIONS Table_table_der" > 24.122
61,701
61,701	ENERGY, S.L.	165.978
R1-364	SAMPOL ENERGY, S.L.	46.084
REDENERGY, S.L.	631.825
TOTAL		340.811.777