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Royal Decree 1699 / 2011, On 18 November, Which Regulates The Connection To Electric Power Of Small Power Production Facilities.

Original Language Title: Real Decreto 1699/2011, de 18 de noviembre, por el que se regula la conexión a red de instalaciones de producción de energía eléctrica de pequeña potencia.

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Directive 2004 /8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration on the basis of the use of useful heat in the internal energy market and amending the Directive 92/42/EEC aims to increase energy efficiency and improve security of supply by creating a framework for the promotion and development of high-efficiency cogeneration of heat and electricity based on the demand for useful heat and in the saving of primary energy, taking into account the circumstances specific national. One of the express objectives cited in this report is the promotion of small installations.

Similarly, 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, lays down the obligation to rationalise and speed up the administrative procedures for authorisation and connection to distribution and transmission networks for electrical energy, with the aim of establishing authorisation procedures simplified. It also regulates the general lines that should govern access to and operation of networks in relation to renewable energy, taking into account their future development.

In this regard, Law 54/1997, of 27 November, of the Electrical Sector and Royal Decree-Law 6/2009, of April 30, for which certain measures are adopted in the energy sector and the social bond is approved, as well as the Real Decree 616/2007 of 11 May on the promotion of cogeneration, Royal Decree 661/2007 of 25 May 2007 regulating the activity of the production of electrical energy by special scheme and Royal Decree 1578/2008 of 26 September 2008 (i) the provision of electricity by photovoltaic technology, which is the regulatory framework for which High-efficiency cogeneration is to be developed, and the production of electric power from renewable energy sources in the coming years in our country.

The Plan of Action 2008-2012 of the Energy Saving and Efficiency Strategy in Spain (E4), approved by the Council of Ministers Agreement of 20 July 2007, establishes as a general objective within the cogeneration sector, the development of the full potential of cogeneration and quantifies a target of 8,400 MW of installed power for the year 2012 to be implemented in the industrial and tertiary sectors.

For its part, the new National Renewable Energy Action Plan (PANER) 2011-2020 notified to the European Commission on 30 June 2010 under the provisions of Directive 2009 /28/EC of the European Parliament and of the European Council, of 23 April 2009, sets out the objectives for the next decade, as well as the proposals for regulatory modifications necessary to achieve them.

The tertiary and domestic sectors are large energy consumers in the form of electricity and heat and are made up of many small-power consumers who are often mostly connected to low-voltage electricity. up to 400 V, although some large buildings are connected in high voltage between 1 kV and 36 kV. The small size of some renewable energy and small-scale cogeneration facilities and the available knowledge of the distribution system in cities makes it possible to determine a set of situations in which the connection to the network is always feasible without requiring expensive studies and time of dedication by the distribution companies. This specific structure of the tertiary and domestic sector needs to be taken into account when it comes to taking concrete measures to promote greater penetration of renewable energy technologies and cogeneration technology. Therefore, the streamlining and acceleration of administrative procedures for obtaining permits to allow for greater generation capacity is considered as a priority for the achievement of the stated objectives.

According to all this, the object of this royal decree is to effect the development of Law 54/1997 of 27 November of the Electrical Sector, in line with the current Directive 2004 /8/EC of 11 February 2004, and with the Directive 2009 /28/EC of 23 April 2009 on the establishment of basic administrative and technical conditions for connection to the low and high voltage network up to 36 kV of renewable energy and cogeneration installations small power, taking into account its special characteristics and in order to establish a specific regulation to allow the development of these activities.

This royal decree repeals Royal Decree 1663/2000 of 29 September on the connection of photovoltaic installations to the low voltage network, extending the scope of the new regulation and maintaining the basic structure of its content.

As a novelty, the requirements for small-power installations that are intended to connect at points where a supply already exists are simplified.

Similarly, production facilities with a nominal power of not more than 100 kW are excluded from the administrative authorisation system and the future and upcoming regulation of the supply of electrical energy is announced. produced inside a consumer's network for its own consumption that will incentivize self-consumption.

With these measures the development of distributed generation, which presents benefits for the system such as the reduction of losses in the network, the reduction of investment needs in new networks and, in short, a minimisation of the impact of electrical installations in your environment.

Additionally, other regulatory changes are made to optimize the information flows between the competent bodies of the autonomous communities, the Ministry of Industry, Tourism and Trade, and the National Energy Commission, in order to improve the service provided to the managed ones.

The amendment of Royal Decree 1955/2000, December 1, which regulates the activities of transport, distribution, marketing, supply and procedures for the authorisation of energy installations In order to establish the criteria for the allocation of connection costs for all production facilities, and to modify the amounts of the guarantees for the application for access to the network, it will introduce small amounts for the installations covered by this royal decree,

The term of 12 months, which can be extended to a maximum of sixteen months in the case of an extension, is replaced, so that the photovoltaic installations registered in the Register of Preallocation of Remuneration obtain the registration and start the sale of energy which, for a single period of sixteen months. It is also appropriate to reduce the amounts of the guarantees required to participate in the pre-allocation procedure, in line with the new amounts required for access to the distribution network,

According to the provisions of the third paragraph of Law 34/1998 of 7 October of the hydrocarbon sector, the present royal decree has been informed by the National Energy Commission. 17/2011, of 2 June, and for the preparation of this report, in accordance with the provisions of the 5.5 of Royal Decree 1339/1999, of 31 July, for which the Regulation of the National Energy Commission is adopted, the comments and comments of the Electricity Advisory Board of the said commission, through which The process of hearing and consulting the Autonomous Communities has been evacuated.

On the other hand, the royal decree has been the subject of the report of the National Commission of Competition IPN 60/11 of 20 July 2011, issued pursuant to Article 25.a) of Law 15/2007, of 3 July, of Defense of the Competence.

Pursuant to Article 5 of 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 the Directive 2003 /54/EC, this provision has been subject to the procedure for information in the field of technical standards and regulations and regulations relating to the services of the information society provided for in Directive 98 /34/EC of the European Parliament European and the Council of 22 June, as amended by Directive 98 /48/EC of 20 July.

The Government's Delegate Committee for Economic Affairs has reported this royal decree at its meeting on September 8, 2011.

In its virtue, on the proposal of the Minister of Industry, Tourism and Commerce, with the prior approval of the Vice President of the Government of Territorial Policy and Minister of Territorial Policy and Public Administration, according to the Council of State, and after deliberation by the Council of Ministers at its meeting on 18 November 2011,

DISPONGO:

CHAPTER I

General provisions

Item 1.Object.

Constitutes the object of this royal decree the establishment of the administrative, contractual, economic and basic technical conditions for the connection to the electricity distribution networks of the installations of production of electrical energy included in the scope of this royal decree.

Article 2. Scope.

1. This royal decree shall apply to installations of ordinary rules and special arrangements of power not exceeding 100 kW of the technologies referred to in categories (b) and (c) of Article 2 of Royal Decree 661/2007 of 25 May 2007. either of the following two cases:

(a) when they are connected to the voltage lines not exceeding 1 kV of the distribution undertaking, either directly or through an internal network of a consumer,

(b) when connected to the low side of a transformer of an internal network, at a voltage of less than 1 KV, of a consumer connected to the distribution network and provided that the installed power of generation connected to the network internal does not exceed 100 kW.

2. It shall also apply to installations of ordinary speed and special arrangements of power not exceeding 1000 kW of the technologies referred to in category a) and sub-groups b.6, b.7 and b.8 of Article 2 of Royal Decree 661/2007, 25 May, which are connected to the voltage lines not exceeding 36 kV of the distribution undertaking, either directly or through an internal network of a consumer.

3. For the purposes of this royal decree, they shall be considered as belonging to a single generation plant, the power of which shall be the sum of the unit powers, the one formed by the groupings of installations of the same technology which they share evacuation lines or infrastructures, as well as facilities of equal technology that are located in the same cadastral reference identified by its first fourteen digits. For these purposes, the following technologies will be considered the following: solar photovoltaic, solar thermal, geothermal, wave, tidal, hot and dry rocks, oceanthermal, marine currents, wind, thermal without cogeneration and thermal cogeneration.

In the case of facilities located on the urban cadastral reference, the reference above to the first 14 digits may be replaced by the complete twenty-digit reference when each of the facilities of the generation to be located is associated with a contracted power supply point equal to or greater than the power of the production facility that is intended to be installed, which shall be credited to the connection point request and to the Requirement of the competent authority.

For the purposes of this Royal Decree, several generation facilities will be considered to share evacuation infrastructures, among other cases, when these generation facilities are connected to the same centre of processing or substation through lines of which the distributor or carrier is not a holder.

4. The groups of facilities sharing evacuation lines or infrastructure and facilities of equal technology that are located in the same cadastral reference are excluded from the scope of this royal decree. identified by its first fourteen digits, in both cases, when the sum of the unit powers exceeds the values set out in paragraphs 1 or 2.

Article 3. Definitions.

For the purposes of this royal decree, the following definitions shall apply:

(a) "Receiving network capacity" means the maximum power that, where applicable, may be transferred or demanded to the network at the point of connection without exceeding the established capacity criteria.

b) "Interconnected facility generation circuit": A set of electrical and electromechanical materials and equipment (generator, conductors, apparatus, etc.) included from the generator to the point of connection with the distribution network or corresponding internal network.

(c) "Internal network": Electrical installation consisting of the drivers, apparatus and equipment necessary to service a receiving facility that does not belong to the distribution network.

CHAPTER II

Access and connection of installations to the distribution network

Article 4. Access point and connection request.

1. The developer of the installation shall request the distribution company for the right of access and the technical connection conditions necessary for the project or the technical documentation of the installation, as appropriate of the installed power. The connection point request will be accompanied by the following information:

a) Name, address, phone or other means of contact.

b) Concrete location of the generation installation, including the cadastral reference.

c) Unifile installation of the installation.

d) The proposed point for making the connection. The UTM coordinates shall be included if they are known to the applicant and proposed location of the measurement point in accordance with the provisions of the unified electrical system measurement points Regulation, approved by Royal Decree 1110/2007, of 24 August, and development regulations.

e) Owner of the building where the installation is located

f) Responsible statement of the owner of the building giving its compliance to the connection point request if it were different from the applicant.

g) Description of the installation, technology used and technical characteristics of the installation, including the peak and nominal powers of the installation, connection modes and, where appropriate, the characteristics of the inverter or investors, description of the intended protection devices and connection elements, as well as certificates of compliance with the emission and immunity levels referred to in Article 16.

(h) Justified of having deposited the corresponding endorsement with the competent authority.

2. In the event that any additional documentation is required, the distribution company shall request it within 10 days of receipt of the request, justifying the provenance of such request.

3. The study of the connection shall in no case entail a cost to the applicant.

Article 5. Determining the technical conditions of access and the connection.

1. Within one month of receipt of the request, the distribution company shall notify the applicant of its joint proposal relating to the conditions of access and connection, including at least the following:

a) Acceptance of the proposed connection points and measure, including UTM coordinates, in accordance with the provisions of the unified electrical system measurement points regulation.

b) Maximum and minimum network voltage at the connection point.

c) Maximum design short circuit power for the calculation of the normal operating minimum and protective gear for the calculation of the voltage variations allowed at the point of connection.

d) In the event that the connection point and measure for the transfer of energy by the applicant is different from the point of connection and measurement of the supply, the justification for this circumstance.

2. If the maximum available nominal power of connection is less than the power of the installation, the distribution undertaking may refuse the connection request and must determine the specific elements of the network which it needs to amend, and indicate the maximum power available for connection without modification of the network. In the event of a discrepancy relating to the refusal of the connection request for lack of capacity, the person concerned may, within 30 days after receipt of the proposal submitted by the distribution company, direct his or her complaint to the the body of the competent administration, which shall decide and notify within a maximum period of two months. The maximum available nominal power of connection shall be calculated according to the criteria set out in Annex I to this royal decree.

3. Access of the generation facility to the distribution network may be denied on the basis of security and continuity of supply criteria.

To grant access to the distribution network, understood as the right to use the network, there will be a connection point with the necessary capacity taking into account existing and already committed facilities.

4. If the distributor does not make the notification within the time limit referred to in this Article, the person concerned may address his/her complaint to the competent authority within 30 days after the end of that period. shall require the data referred to in the distribution company and shall resolve and notify within a maximum period of three months.

5. The proposal made by the distribution company on the point and conditions of connection shall remain in force for a period of three months from the date of notification to the operator of the installation. Before the end of this period, the applicant shall inform the distribution company of the acceptance of the proposed point and conditions.

6. In the event of disagreement with the connection conditions proposed by the distribution company, the person concerned may address the competent authority within 30 days of receipt of the proposal, in order for it to be the resolution of the discrepancy establishing the conditions which the parties will have to respect. The resolution and notification shall be produced within a maximum of two months from the date of the application.

For resolution of the discrepancy, the criterion of originating the lowest possible cost to the system will be met by meeting the established technical requirements.

7. In the absence of agreement in relation to the request for access, the petitioner may raise a conflict with the National Energy Commission.

8. Once the proposal of the distribution company has been accepted, the applicant shall have a maximum period of 15 months for the installation to be registered in the Register of Preallocation of Remuneration or in the Administrative Register of corresponding production facilities. In the event of non-compliance by the applicant the cancellation of the connection point will occur. Once entered in the Register of Preallocation of Remuneration, the validity of the point and conditions of connection shall be maintained until the entry on the Administrative Register of the corresponding production facilities or the cancellation of registration in the cited Preallocation Register of remuneration.

Article 6. Determining the economic conditions of the connection.

1. Except in the case provided for in paragraph 6, the cost of the new facilities necessary from the point of border to the point of connection with the existing distribution network, the repotentiations on the lines of the distribution company of the same the voltage level at the point of connection, and, if necessary, the repotenement of the affected processor of the distribution undertaking of the same voltage level to the point of connection shall be carried out by the applicant.

The distribution company shall forward to the developer of the generation facility a technical specification and an economic budget.

In the event that the connection point is in the low voltage network, the distribution company will arrange for the referral of these documents within a period of 15 days from the date on which the company is on record. the acceptance by the promoter of the installation of the point of connection proposed by the distribution company. This period shall be one month in the case where the connection point is in high voltage.

The documents listed in this section should be broken down as follows:

(a) Technical specifications:

1. Work on strengthening, adapting, adapting or reforming the existing distribution network in service, provided that these are necessary to incorporate the new facilities.

The jobs detailed in this section will be performed by the distributor as the owner of these networks and for reasons of security, reliability and quality of supply.

2. The required jobs for connection of the generation installation to the point of connection to the distribution network, if requested by the developer of the generation installation.

The works referred to in this paragraph may be executed at the request of the applicant by any legally authorized installation company or by the distribution company.

The distribution company must expressly state that such facilities may be executed either by the distribution company or by an approved installer which must carry out the installation according to the the conditions set out in the specification of technical requirements, regulatory technical and safety conditions and those laid down by the distributor and approved by the competent authority.

b) Budget:

1. Detailed budget according to the breakdown in the technical specifications of the work corresponding to reinforcements, adjustments, adaptations or reforms of facilities of the existing distribution network in service, required to incorporate into new installations.

2. The detailed budget according to the breakdown in the technical specifications of the work required for the connection of the generation plant to the point of connection with the distribution network. At the express request of the developer of the generation facility, the distributor shall submit a budget for these facilities which shall be independent of the budget referred to in the previous paragraph

.

In the event that the applicant decides that the distribution company will execute the work, it must communicate it in an express manner within three months of receipt of the budget.

Also, if the applicant decides that it is any other legally authorized installation company that will execute the works, it must communicate it to the distribution company within three months from the receipt of the quote.

2. If the distributor does not make the notification within the time limit referred to in paragraph 1, the person concerned may address his complaint to the body of the competent authority within 30 days of the end of that period. shall require the data referred to in the distribution company and shall resolve and notify within a maximum period of three months.

3. In the event of a disconformity with the technical conditions and the economic budget proposed by the distribution company, the person concerned may contact the competent authority within 30 days of receipt of the request. documentation, in order for the documentation to proceed with the resolution of the discrepancy, laying down the conditions to be met by the parties. The resolution and notification shall be produced within a maximum of two months from the date of the application.

4. Once it has been communicated to the distribution company that it is interested in carrying out the work, the technical specifications and the budget shall be valid on the terms of the technical conditions laid down in Article 5 (8

.

5. Without prejudice to the provisions of Article 9.2 of Royal Decree 222/2008 of 15 February laying down the remuneration scheme for the distribution of electrical energy, the new facilities required from the point of frontier up to the point of connection with the existing distribution network to be used by more than one consumer and/or generator, except if they can be considered as shared evacuation infrastructures, and are carried out directly by the the applicant will have to be transferred to the distributor of the area, who will be responsible for this time of operation and maintenance. Where there are several distribution undertakings in the area to which the facilities may be transferred, the competent authority shall determine which of those distribution undertakings shall be given prior to their execution and following minimum cost criteria.

The owner of the installation may require the subscription of a compensation agreement against new consumers and/or new generators, with a minimum duration of ten years, leaving the infrastructure open to use of third parties. This period of at least 10 years may be extended exceptionally by the competent authority of the competent authority in duly justified cases. These agreements shall be brought to the attention of the competent authority, accompanied by the documentation of the request for administrative authorisation for the transmission of the installation.

6. For installations of production of a power equal to or less than 20 kW, which are located on urbanised soil which, prior to the application, has the endowments and services required by the urban planning legislation, defined as Article 12.3 of the Recast Text of the Law of Soil, approved by Royal Legislative Decree of 20 June, will replace the payment of the costs of the infrastructures of connection by the current economic regime of the rights of a supply as a supply shall be treated in accordance with the terms laid down in Chapter II of Title IV Royal Decree 1955/2000 of 1 December 2000 regulating the transport, distribution, marketing, supply and authorisation procedures of electrical energy installations and in Articles 9 and 10 of the Royal Decree Decree 222/2008 of 15 February laying down the remuneration scheme for the activity of the distribution of electricity. This scheme shall be referred to as rights of generation and shall be independent of the rights to supply.

Article 7. Subscription of the access technical contract.

1. Once the tests of the installation carried out by the approved fitter have been exceeded, the installer shall issue the certificate of principal characteristics of the installation and of exceeding those tests, duly completed by the body of the competent authority.

The owner of the installation will ask the distribution company for the subscription of the technical contract of access to the network for what will be necessary the presentation of the certificate of overcoming the tests of the installation and that the acceptance of the technical and economic conditions of connection has occurred as set out in Articles 5 and 6 above.

2. The owner of the installation and the distribution company shall sign the contract for which the technical relations between the two shall be governed according to the model of the standard contract set out in Annex III to this royal decree.

The distribution company will sign this contract within one month from the date of application of the person concerned, provided that the installation meets the established requirements.

3. Any discrepancy on the contract to be concluded shall be settled and notified by the competent authority within the maximum period of one month from the date on which the request for the resolution of the discrepancy has been made. entry into the register of the competent body for processing.

Article 8. Network connection and first verification.

1. Once the technical and economic conditions of connection and the certificate of main characteristics of the installation and the improvement of such tests as provided for in Articles 5, 6 and 7 have been accepted, the operator may be able to ask the distribution company for the connection to the distribution network. This request may be made in conjunction with the subscription of the technical contract with the distributor, or at any time after the contract is signed.

2. The distribution company will be able to carry out a first verification at any time on those elements that affect the regularity and security of supply, for which the payment of the installation will be collected from the owner of the installation. rights provided for in the current rules.

3. If, as a result of the verification, the distribution company has an impact on the connection equipment or the installation itself, the latter shall, if necessary, inform the operator of the installation of the equipment, giving it a period of time. to proceed to fix them.

In the event of disagreement, the operator or the distributor may ask the competent authority for the precise inspections and the resolution of the discrepancy. In the event that the connection to the distribution network has not been carried out, the authority of the competent authority shall resolve and notify within a maximum period of one month from the time that the request is made.

4. On the basis of the notification to the distribution company of the connection request, where there are no technical or operating conditions for the distribution network, the distribution network shall have a maximum period of one month to make the connection to the network.

The distribution company will be responsible and assume the cost of the entronque and the connection of the production facilities to the existing distribution network, without prejudice to compliance with the regulations and protocols of security.

5. The distribution company shall forward to the competent authority, and to the National Energy Commission, during the first month of each year a ratio of the facilities connected to its distribution network during the previous year, with expression for each of the holder, site and nominal power.

Article 9. Abbreviated connection procedure.

1. Power installations not exceeding 10 kW which are intended to be connected at a point in the distribution network at low voltage, either directly or through the installation of an internal network, in which there is a supply of contracted power equal to or higher than the installation, they may be connected at the same point of supply by the abbreviated procedure provided for in this Article.

2. The promoter of the installation shall communicate to the distribution company by means of the reference of the simplified model of connection application set out in Annex II of this royal decree duly completed, and in a manner that is either electronic means arranged by the latter, the application for connection of its installation with the low voltage distribution network, together with a technical design memory, which shall reflect whether the proposed connection is at the same point of such supply or in its internal network, and indicating the CUPS of the associated supply.

In the case where the applicant for the connection is different from the holder of the supply contract with a fair title, he shall provide a responsible declaration in which the holder of the supply contract gives his/her conformity to the connection point request.

3. The distribution company shall have a period of 10 working days from the date of receipt of such a request to reply by confirming or, where appropriate, denying the person concerned by a reasoned report and, where possible, by referring an alternative proposal. The holder may address his/her complaint to the body of the competent authority within a maximum of one month from the date of receipt of the proposal, if it is not in accordance with the proposal submitted, as well as in the case of a failure to reply. within 10 working days of the date indicated, for it to be resolved and notified within one month from the date on which the request for the resolution of the discrepancy has entered the register of the body responsible for processing.

4. Once the installation has been carried out, the operator shall transmit to the distributor in a feisty manner or through the electronic means arranged by it, a request for connection of the installation, accompanied by the technical access contract set out in Annex III to this royal decree duly completed and signed, and the certificate of installation duly completed by the competent authority.

The distribution company will have 10 business days to formalize the technical access contract, verify the installation and make the connection of the production facility to the existing distribution network.

If, as a result of the verification, the distributor detects deficiencies, it shall inform the operator of the installation that it shall address the deficiencies identified prior to requesting the connection again.

5. The distribution company may, if it considers it appropriate, be present during the installation service. For these purposes, the operator must communicate the date and time at which it is to be carried out at least 5 days in advance.

CHAPTER III

Technical conditions of the installations

Article 10. Obligations of the operator of the installation.

1. The installation operator shall be responsible for maintaining the installation in perfect operating conditions, as well as for the protection and connection devices.

Distributor companies may propose to the competent administration, for approval, verification programmes of the elements of facilities that may affect regularity and security in the supply, to be carried out by them, without prejudice to any other verification programmes which may be established by the Administrations. In the case where an installation does not exceed a verification, the costs of the verification and the remedy for the deficiencies shall be borne by the operator of the facility.

The verifications referred to in the preceding paragraph shall be carried out by the distribution companies.

2. In the event of a breakdown in the network or an important disturbance related to the installation, the distribution company, upon justification of the data subject, may verify the installation without the need for prior authorisation of the competent authority. For this purpose, significant disturbance shall be understood to affect the distribution network by making the provision to users not reach the quality thresholds laid down for this case by the current rules.

3. In the event that an installation disturbs the operation of the distribution network, in breach of the established limits of electromagnetic compatibility, quality of service or any other aspect set out in the applicable legislation, the the distribution company shall communicate it to the body of the competent authority in the field of energy and to the operator of the installation, in order to ensure that the deficiencies are addressed within the maximum period of seventy-two hours.

If such time limits persist, the distribution company may proceed with the disconnection of the installation, giving an immediate account to the authority of the competent administration in the field of energy. In this case, once the causes of the disturbance have been eliminated, in order to connect the installation to the network, the operator must present the distribution company and the authority of the competent administration. the relevant justification, signed by a competent technician or an approved installer, as appropriate, and where, where appropriate, the review carried out shall be described. The reconnection shall take place within the maximum period of 2 working days from the previous notification provided that the distributor agrees with the justification given and the revision made by the operator.

In the event of a lack of agreement between the operator of the installation and the distribution company regarding the existence and cause of the disturbances, the conflict may be submitted by one of the parties to the organ of the Administration. competent in the field of energy to be resolved within one month.

4. In the exceptional case in which the installation is evidenced as an imminent risk to the persons, or causes damage or prevents the operation of third-party equipment, the distributor may immediately disconnect the installation, owing communicate and justify in detail such exceptional action to the body of the competent authority in the field of energy and to the data subject, within a maximum of 24 hours.

5. The operator shall have a means of communication which shall bring into contact the control centres of the distribution network with those responsible for the operation of the installations.

6. Production facilities shall be reviewed, at least every three years, by qualified technicians, who are freely appointed by the operator of the installation. The professionals who review them shall be required to produce a report which expressly states and certifies the data of the surveys. In addition, compliance with regulatory conditions or, alternatively, the proposal of the necessary corrective measures shall be specified.

These reports shall be held by the operator of the premises, who shall send a copy to the competent authority.

Article 11. Technical conditions of a general nature.

1. The operation of the facilities shall not cause damage to the network, decreases in the safety conditions or alterations in excess of those permitted by the applicable rules.

Furthermore, the operation of these facilities may not give rise to hazardous working conditions for the maintenance and operating staff of the distribution network.

2. In the event that the distribution line is disconnected from the network, either due to maintenance work required by the distribution company or because there has been any protection of the line, the facilities must not maintain tension in the the distribution line.

3. In order to establish the point of connection to the distribution network, account shall be taken of the criteria set out in Annex I to this royal decree.

4. No generation element other than that of the approved installation, nor of accumulation, may be interspersed in the generation circuit up to the measurement equipment.

5. In the event that an installation is affected by disturbances of the distribution network, the current regulations on quality of service shall apply.

Article 12. Connection conditions.

1. The connection schemes must respond to the principle of minimizing losses in the system, favoring the maintenance of security and quality of supply and enabling work on the island, on its own consumption, never feeding others network users.

Connection configurations must ensure the reliability of the energy measures produced and consumed.

2. If the rated power of the generation installation to connect to the distribution network is greater than 5 kW, the connection of the installation to the grid shall be three-phase with an imbalance between phases less than 5 kW.

3. The contribution of the generators to the increase or the voltage drop in the low or medium voltage distribution line between the transformation centre or the source substation where the voltage regulation and the connection point are made, in the most unfavourable scenario for the network, it must not be greater than 2,5 per cent of the nominal voltage of the low or medium voltage network, as appropriate.

4. The power factor of the energy supplied to the network of the distribution company must be as close as possible to the unit and, in any case, greater than 0.98 when the installation works to powers greater than 25 percent of its power nominal.

Article 13. Specific conditions for connection in internal networks.

1. The connection shall be made, at the point of the internal network of its ownership closest to the general protection box, in such a way as to allow both installations of the electrical system to be isolated simultaneously.

In the event that the connection point to the distribution network is in high voltage and there is a transformation center owned by the consumer, the connection of the production installation will be made in the low output box. transformer voltage.

2. The holder of the internal network shall be the same for all consumption equipment and generation facilities that have been connected to its network. In this case, an annotation should be included in the final registration of the production facility, both in the autonomous register and in the administrative register of production facilities of electrical energy dependent on the Directorate-General for Energy Policy and Mines.

3. Production facilities connected to an internal network shall not be of a power exceeding 100 kW and shall in any event not exceed the capacity available at the point of connection to the distribution network and the power allocated to the network. supply.

Article 14. Protections.

1. The system of protection must comply with, as not provided for in this royal decree, Royal Decree 661/2007 of 25 May, and the corresponding operating procedures, as well as, as not provided for in the previous ones, the requirements laid down in the Regulation in force, in particular the Electrotechnical Low Voltage Regulation, approved by Royal Decree 842/2002 of 2 August 2002, the Regulation on technical conditions and security guarantees in power stations, substations and centres of transformation, approved by Royal Decree 3275/1982 of 12 November 1982 and the Regulation on technical conditions and safety guarantees in high-voltage power lines, approved by Royal Decree 223/2008 of 15 February 2008. This compliance shall be adequately accredited in the documentation relating to the characteristics of the installation referred to in Article 4, including the following:

(a) An element of general court that provides an isolation required by Royal Decree 614/2001 of 8 June on minimum requirements for the protection of the health and safety of workers in the face of risk electrical.

Eventually, the functions of the general cutting element can be covered by another device in the generating installation, which provides the specified isolation between the generator and the network.

b) differential automatic switch, in order to protect people in the case of shunt from some element to ground.

c) Automatic connection switch, for the disconnection-automatic connection of the installation in case of voltage or frequency anomaly of the network, next to an interlocking relay. Eventually the function developed by this switch can be performed by the switch or switches of the generating equipment. Eventually, the functions of the automatic connection switch and the general cut switch can be covered by the same device.

d) Protections of the maximum and minimum frequency connection (50.5 Hz and 48 Hz with a maximum timing of 0.5 and 3 seconds respectively) and maximum and minimum voltage between phases (1.15 Un and 0.85 Un) as shown in Table 1, where the proposed low voltage is generalized for all other levels. In the case of island and extra-island electrical systems, the above values shall be those laid down in the relevant operating procedures. The voltage for the measurement of these magnitudes must be taken on the network side of the general automatic switch for the installations in high voltage or of the main switches of the generators in low voltage networks. In the case of performance of the maximum frequency protection, the reconnection shall only be performed when the frequency reaches a value less than or equal to 50 Hz.

Table 1

Minimum Tension

Parameter

Protection Threshold

Maximum Take Time

Overview-phase 1.

A + 10%

1.5 s

+ 15%

A + 15%

0.2

A-15%

1.5 s

frequency.

50.5 Hz

0.5 s

Frequency minimum.

48 Hz

3

e) In addition to voltage greater than 1 kV and up to and including 36 kV, the maximum voltage disconnect criterion must be added.

2. These protections can act on the general switch or on the switch or circuit breakers or equipment.

3. The protection shall be sealed by the distribution company, after the necessary checks on the switching system and on the integration into the equipment generating the protective functions.

4. Where the generator or inverter equipment incorporates the protection described above, they must comply with the legislation in force, in particular the low voltage electrotechnical regulation, approved by Royal Decree 842/2002 of 2 In August, the Regulation on technical conditions and security guarantees in power plants, substations and processing centres, approved by Royal Decree 3275/1982 of 12 November 1982 and the Regulation on technical conditions and security guarantees in high-voltage power lines, approved by Royal Decree 223/2008, February 15, for installations working in parallel with the distribution network. In this case the duplication of the protections will not be necessary.

Article 15. Conditions for grounding of the facilities.

1. The grounding of interconnected installations will always be done in such a way that the conditions for grounding the distribution company's network are not altered, ensuring that no defect transfers are made to the network of distribution.

2. The installation shall have a galvanic separation between the distribution network and the generating facilities either by means of an isolation transformer or any other means which satisfies the same functions according to the safety and industrial quality regulations applicable.

3. The mass of the generation plant shall be connected to a land independent of that of the neutral of the distribution company and shall comply with the applicable safety and industrial quality regulations in force.

Article 16. Harmonics and electromagnetic compatibility.

The emission and immunity levels must comply with the regulations in force, including in the documentation referred to in Article 4 the certificates that prove it.

Article 17. Security assurance in distribution network jobs.

When the distribution company is required to carry out work on the network, it shall inform the operator at least 15 days in advance of the installation. In this case, the distribution company will intervene at the border point of the generation facility, even if this could make it impossible or condition the power supply to the connected consumer at that point.

CHAPTER IV

Measurement and Billing Procedure

Article 18. Measure and billing.

1. The points of measure will be in line with the requirements and conditions set out in Royal Decree 1110/2007 of 24 August, approving the unified regulation of points of measurement of the electrical system, and in the regulations in force in measure and safety and industrial quality, meeting the requirements necessary to enable and ensure the correct measurement and billing of the energy produced.

2. It shall be a necessary requirement for the invoicing of the economic regime associated with the condition of special arrangement installation, the existence of a point of measurement of own generation, and independent.

3. In general, for installations connected to an internal network, the generation and consumption circuits shall be independent and each of their corresponding measuring equipment shall be fitted, both in parallel and in the same location.

In cases where the production facility will exclusively sell the surplus energy, the option of installing a single measurement equipment with independent generation and consumption records will be permitted. In this case, the subscription of two access contracts, one for generation and one for consumption, will be required.

Exclusively, in the case of a connected installation on the lower side of a transformer owned by the consumer, the measurement equipment of the production facility shall be installed at that connection point. In this case the reading manager must conform to the measurement configuration.

4. The procedures for fixing alternative points of measure and the corrections to be made to the measures in such a way that the corrected measure can be considered equal to the energy circulated by the border point shall be those laid down in the Technical instructions complementary to the Unified Regulation of Measures of the Electrical System.

5. The precision class of the points of measurement of generation and consumption shall be in accordance with the rules of application, guaranteeing the supply of the data required for the billing of the corresponding tariffs or tolls.

6. The installation of all the measuring equipment shall be carried out in such a way that the reading officer permanently has free access to them, and the accuracy and integrity of the measure must be guaranteed.

For special-speed installations of a power equal to or less than 10 kW, connected to an internal network, the reactive energy complement provided for in Article 29 of Royal Decree 661/2007 of 25 May 2007 shall not apply. May.

Additional disposition first. Installations for the production of electrical energy with a rated power not exceeding 100 kW, connected to a voltage not exceeding 1 kV, either to the distribution network or to the internal network of a consumer.

excluded from the system of administrative authorisation prior to installations for the production of electrical energy with a rated power not exceeding 100 kW, directly connected to a voltage network not exceeding 1 kV, either distribution or to the internal network of a consumer.

Additional provision second. Elaboration of a regulation of the supply of the electrical energy produced inside the network of a consumer for its own consumption.

The Minister of Industry, Tourism and Commerce, within four months of the entry into force of this royal decree, will raise the government a proposal of royal decree whose object is the regulation of the conditions administrative, technical and economic consumption of the electrical energy produced within the network of a consumer for its own consumption.

First transient disposition. Legal regime of the economic conditions of the connection of a generation facility to the transport and distribution networks that have a connection point to the entry into force of this royal decree.

To all those installations which, at the entry into force of this royal decree, have a connection point, the economic regime laid down in Article 6 and the third additional provision shall not apply, The following rules apply.

Second transient disposition. Time limit for photovoltaic installations registered in the Register of pre-allocation of remuneration at the time of entry into force of this royal decree to be definitively entered in the administrative register of installations of special regime production.

Photovoltaics installations which at the time of entry into force of this royal decree are entered in the Register of Pre-allocation of Remuneration shall have a maximum period of 16 months, without the possibility of extension, from the date of publication in the electronic headquarters of the Ministry of Industry, Tourism and Trade of the Resolution of convocation of preallocation, to be registered with final character in the Register (a) administrative capacity of production facilities under special authority dependent on the body and start selling electricity in accordance with any of the options in Article 24.1 of Royal Decree 661/2007 of 25 May 2007. This provision shall apply as long as sixteen months have not elapsed since the registration of the installation in the Register of pre-allocation of remuneration for photovoltaic installations and provided that it does not exist. firm resolution that will agree to the cancellation of the registration on the same.

Transitional provision third. Procedures for processing of the matters covered by the second and fourth final provisions of this royal decree.

Procedures on matters governed by the second and fourth final provisions of this royal decree, which have been initiated prior to their entry into force, will continue to be dealt with until their resolution, but the regulatory changes introduced by this royal decree will apply to them.

Single repeal provision. Regulatory repeal.

Royal Decree 1663/2000 of 29 September 2000 on the connection of photovoltaic installations to the low voltage network is hereby repealed, and any provisions of equal or lower rank contradict the provisions of this royal decree.

Final disposition first. Amendment of Royal Decree 1955/2000 of 1 December 2000 regulating the activities of the transport, distribution, marketing, supply and authorisation procedures of electrical energy installations.

The Royal Decree 1955/2000 of 1 December 2000 is amended to regulate the transport, distribution, marketing, supply and authorisation procedures of electrical power installations, in the following terms: it is worded as follows:

One. Article 66a is worded as follows:

" Article 66a. Endorsements for processing the request for access to the distribution network for new production facilities under special arrangements.

For new production facilities on a special basis, the applicant, before making the request for access to the distribution network, must have submitted an endorsement for an amount equal to € 20 /kW for the installations to which the specific rules governing the network connection of small-power electrical energy production facilities, of 500 €/kW installed for photovoltaic installations not included in the system, are applicable to them. scope of the said rules or 20 €/kW for other installations. These amounts may be amended by order of the Minister for Industry, Tourism and Trade.

Power facilities equal to or less than 10 kW shall be exempt from the submission of this endorsement.

The submission of this endorsement will be a prerequisite for the initiation of the distribution network's access and connection procedures by the distribution network manager.

The endorsement will be canceled when the requester gets the installation act of the installation.

In the case of installations where the obtaining of an administrative authorization is not necessary, the cancellation will be made when the final registration of the installation is made.

If throughout the procedure, the applicant voluntarily desists from the administrative processing of the installation or does not respond to the requirements of the Administration of information or action carried out within the Three months, the endorsement shall be carried out. It shall be taken into account when assessing the withdrawal of the sponsor, the result of prior administrative acts which may condition the viability of the project. '

Two. A new additional provision is added thirteenth with the following wording:

" Additional Disposition thirteenth. Determining the economic conditions of the connection of a generation facility to the transport and distribution networks.

1. For all facilities for the generation of ordinary arrangements and special arrangements not covered by this royal decree, the cost of the new facilities required from the point of connection to the point of connection with the transport network or distribution, repotentiations on the lines of the carrier or distributor of the same level of tension to the point of connection between the border point of the generation plant and the point of connection to the network transport or distribution and, if necessary, repotenation of the affected processor of the carrier or distributor of the same voltage level to the point of connection shall be made by the applicant.

The carrier or distribution company must forward to the developer of the generation facility a technical specification and an economic budget. For the purpose of the referral of these documents, the carrier or distributor shall have a period of one month from the date on which the undertaking is aware of the acceptance by the promoter of the installation of the item the connection proposed by the carrier or distributor.

The documents listed in this section should be broken down as follows:

(a) Technical specifications:

1. Work on strengthening, adapting, adapting or reforming the existing transport or distribution network in service, provided that these are necessary to incorporate the new facilities.

The jobs detailed in this section will be performed by the carrier or distributor as the owner of these networks and for reasons of security, reliability and quality of supply.

2. The required jobs for connection of the generation installation to the point of connection to the distribution network, if requested by the developer of the generation installation.

The works referred to in this paragraph may be executed at the request of the applicant by any legally authorized installation company or by the carrier or distributor.

b) Budget:

1. Detailed budget according to the breakdown in the specification of the technical specifications of the work corresponding to reinforcements, adjustments, adaptations or reforms of installations of the transport or distribution network existing in service, necessary to incorporate into the new facilities. The distribution company must state expressly in the budget that such facilities may be executed either by the distribution company or by an approved fitter which must carry out the installation in accordance with the the conditions set out in the specification of technical requirements, regulatory technical and safety conditions and those laid down by the distributor and approved by the competent authority.

2. Detailed budget according to the breakdown in the specification of the technical specifications of the work required for the connection of the generation plant to the point of connection with the transport or distribution network, if requested by the developer of the generation installation.

At the express request of the developer of the generation facility, the carrier or distributor shall submit a budget for these facilities which shall be independent of the budget referred to in

1.

In the event that the applicant decides that the carrier or carrier will execute the work, it must communicate it in an express manner within three months of receipt of the budget.

Also, if the applicant decides that it is any other legally authorized installation company that will execute the works, it must communicate it to the carrier or distributor within three months to count from the receipt of the quote.

2. If the carrier or distributor does not make the notification within the time limit referred to in paragraph 1, the person concerned may address his complaint to the competent authority within 30 days of the end of the that time limit, who shall require the data referred to the carrier or distributor and shall resolve and notify within a maximum period of three months.

3. In the event of a disconformity with the technical conditions and the economic budget proposed by the carrier or distributor, the person concerned may address the competent authority within 30 days of receipt of the request. of the documentation, in order for it to proceed with the resolution of the discrepancy, establishing the conditions that the parties will have to respect. The resolution and notification shall be produced within a maximum of two months from the date of the application.

4. Once you have communicated to the carrier or distributor the interest in which you run the works, the technical specifications and the budget shall be valid in terms of the technical conditions of the access point and connection.

5. Without prejudice to the provisions of Article 9.2 of Royal Decree 222/2008 of 15 February laying down the remuneration scheme for the distribution of electricity, the new facilities necessary to the point of connection to be used by more than one consumer and/or generator, except where they can be considered as a shared evacuation infrastructure, and are carried out directly by the applicant, shall be transferred to the carrier or the distributor of the area, which shall be responsible from that time for its operation and maintenance. Where there are several distribution undertakings in the area to which the facilities may be transferred, the competent authority shall determine which of those undertakings shall be transferred, prior to their execution and following criteria. Minimum cost. The owner of the installation may require the subscription of a compensation agreement against new consumers and/or new generators, with a minimum duration of ten years, leaving the infrastructure open to the use of third parties. This period of at least 10 years may be extended exceptionally by the competent authority of the competent authority in duly justified cases. These agreements shall be brought to the attention of the competent authority, accompanied by the documentation of the request for administrative authorisation for the transmission of the installation. "

Final disposition second. Amendment of Royal Decree 661/2007 of 25 May 2007 regulating the activity of the production of electrical energy under special arrangements.

In Royal Decree 661/2007, of 25 May, for which the activity of the production of electrical energy is regulated in special regime, the following modifications are introduced:

One. Article 4 (2) (c) is amended as follows:

" (c) The registration in the administrative register of electrical energy production facilities of the facilities of its competition regulated in this royal decree, as well as the communication of the registration to the operator of the system and, where applicable, the market operator. "

Two. Article 4 (3) and (4) shall be renumbered as paragraphs 4 and 5.

Three. In Article 4, a paragraph 3 is added with the following wording:

" 3. Without prejudice to the dependence of the Ministry of Industry, Tourism and Trade on the administrative register of electrical energy production facilities, it is up to the National Energy Commission, the reason, in the second section of the Administrative registration of installations for the production of electrical energy of the installations covered by this royal decree, except those provided for in paragraph 2.c above, as well as the communication of the same to the operator of the system and, where appropriate, to the market operator. '

Four. The wording of Article 4a (7), (8), (9) and (10) is amended and a new paragraph 11 is added in the following terms

" 7. For photovoltaic technology installations, the power fraction of an installation which is the object of the electromechanical equipment to vary its technology shall be substantially modified for the purposes of the economic system. between fixed, following an axis and track to two axes, interchangeably.

In this case, no substantial modification shall be considered when the affected power fraction, within one year, is less than 5 percent of the peak power of the installation.

The economic regime to be applied to the power affected by the substantial modification shall be the result of the call for pre-allocation of remuneration to be settled after the date of entry into service. final of the amendment. For these purposes, where the issue of the entry into service of this type of amendment is not mandatory, the date of entry into service shall be deemed to be the date on which the competent authority has established a documentary evidence of that amendment. modification.

8. For the rest of the technologies other than cogeneration and wind and photovoltaics, it will be considered a substantial modification of a pre-existing installation, for the purposes of the economic regime foreseen in this royal decree, the substitutions of the the main equipment to be established by the Minister for Industry, Tourism and Trade. As soon as these are not established, the main equipment to be taken into account for the purposes of their consideration as a substantial modification will be determined, in each case, by the General Directorate of Energy Policy and Mines, prior to request from the data subject.

9. In any case, in order for a modification of an installation to be considered as substantial, the condition that the main equipment to be installed in it be new and without prior use must necessarily be met.

10. In the case where an installation is made up of different generating equipment but with the same final registration date, it is understood that the substantial modification has occurred when all the generating equipment is replaced. existing equipment for new equipment.

If equipment with different registration dates exists in an installation, the substantial modification may be applied to the generating equipment that shares the same registration date as indicated in the paragraph previous.

11. The substantial modification of an installation will give its full acceptance to the current economic regime for new installations, in the category, group and sub-group that corresponds to it. In the case where such an amendment involves an extension of power, such extension shall be subject to the appropriate remuneration pre-allocation procedure, except in cases where something else is expressly provided for. "

Five. Article 10 (3) is amended as follows:

" 3. The Directorate-General for Energy Policy and Mines shall establish, in collaboration with the Autonomous Communities and the National Energy Commission, an electronic procedure to which the competent organs of the Energy Policy and Mines will adhere to the communication. of data submitted by the latter for the reason of the registration in the register under the Ministry of Industry, Tourism and Trade. Likewise, the Directorate General for Energy Policy and Mines will promote the use of this electronic procedure in reverse, for transmission, by the National Energy Commission to the competent bodies of the communities. (a) the autonomous nature of the registration which affects its territorial scope, as well as the system operator and the market operator of the inscriptions in the administrative register of installations under special arrangements. '

Six. Article 11 (3) and (4) are amended as follows:

" 3. Once registered, the competent autonomous community must forward to the National Energy Commission, within a maximum of one month, the registration of the installation in the autonomous register for the reason of the prior registration in the administrative registration, accompanied by the model for the entry of Annex III.

4. The formalisation of the prior registration shall give rise to the allocation of an identification number in the register, which shall be communicated to the competent autonomous community, in order to ensure that the latter is notified to the person concerned. This notification shall be made by the Directorate-General for Energy Policy and Mines in the case of installations for which the General Administration of the State is competent. "

Seven. Article 12 (2) and (3) are amended as follows:

" 2. Where the jurisdiction for the decision of the application corresponds to an autonomous community, it shall, within one month, communicate the registration of the installation in the regional register or, where appropriate, of the data required for the purposes of the application. the final entry in the administrative register of production facilities under special arrangements to the National Energy Commission, in accordance with the model for the registration of Annex III, accompanied by the final entry into service defined in the Article 132 of Royal Decree 1955/2000 of 1 December 2000 regulating the activities of the transport, distribution, marketing, supply and authorisation procedures for electrical energy installations.

When competent, the General Directorate of Energy Policy and Mines shall resolve the application for final registration within a maximum of one month.

3. The National Energy Commission shall communicate the final entry in this register, which shall include the identification number in the register, the market operator, the system operator and the autonomous community resulting from the registration. competent. The competent body of the latter shall give its notification to the applicant and the distributor. This notification shall be made by the Directorate-General for Energy Policy and Mines in the case of installations for which the General Administration of the State is competent. "

Eight. Article 13 is amended as follows:

" Article 13. Expiration and cancellation of prior enrollment.

The prior registration of an installation in the Administrative Registry of production facilities under special regime dependent on the General Directorate of Energy Policy and Mines will be cancelled if, after three months since the person concerned was notified, the person concerned would not have applied for the final registration. However, this cancellation will not occur in the event that the competent administration has reasonable grounds for the registration to remain on the register, which should inform the National Energy Commission, where appropriate, of the expressing the period during which the validity of the registration is to be extended. "

Nine. Article 15 is amended as follows:

" Article 15. Cancellation and revocation of final registration.

The cancellation of the final registration will proceed in the administrative register of production facilities under special conditions in the following cases:

a) Cese of the activity as a special regime production facility.

(b) Revocation by the competent authority of the installation recognition to the special scheme or revocation of the authorisation of the installation, in accordance with applicable law.

The competent administration shall communicate the cancellation or revocation, as well as any other incidence of the final registration, to the distribution company and to the National Energy Commission for its takeover. reason for the administrative registration of production facilities under special arrangements, where applicable.

The National Energy Commission shall also record in the administrative register of electrical energy production facilities under special arrangements, where appropriate, those resolutions for which it declares, in accordance with the the procedure laid down in the regulatory rules for the liquidation of the equivalent premium, which an installation does not meet the requirements for the application of the primary economic scheme. '

Ten. The third subparagraph of Article 18 (d) shall be replaced by

following paragraphs:

" All installations with installed power greater than 1 MW, or less than 1 MW but which are part of a pool of installations of which the sum of powers is greater than 1 MW, must be sent to the system operator, in real time, individually in the first case or aggregate in the second case. These telemedidas shall be transmitted by the owners of the facilities or by their representatives, and may be transmitted through the control centers of the distribution company if they so agree with it.

In order to ensure the correct technical management of the electrical system, the minimum requirements to be met by the connection facilities from the measuring equipment to the control centre of the distributor or the Operator the system shall be defined by the Ministry of Industry, Tourism and Trade. "

Once. Article 19 (2) is worded as follows:

" 2. Within a maximum of one month from receipt, the competent bodies of the autonomous communities shall forward the information, including the annual summary reports, to the National Energy Commission for the purpose of the record. "

Twelve. Article 19 (4) is worded as follows:

" 4. The documentation referred to in this Article shall be forwarded by the competent bodies to the National Energy Commission through the electronic procedure referred to in Article 10.3 of this Royal Decree.

The referral of the documentation referred to in this Article, by the owners of the facilities to the competent body or to the Directorate-General for Energy Policy and Mines, shall be carried out at least in electronic format. To this end, a form of form, downloadable, which will be made available to interested parties through the electronic headquarters of the Ministry of Industry, Tourism and Tourism, can be approved by Resolution of the Secretary of State for Energy. Trade. "

Thirteen. Paragraphs 4 and 5 of Article 24 are worded as follows:

" 4. The holders of installations to which this royal decree applies may, for periods not less than one year, choose the option to sell their energy which is best suited to them, which they shall communicate to the distribution company and the Commission. National of Energy, at least one month in advance, referred to the date of the change of option. That date shall be the first day of the first month in which the change of option is to be effective and shall be explicitly referred to in the communication.

5. The National Energy Commission shall take note of the option chosen, and of any changes to the registration of the Administrative Register of electrical energy production facilities and shall inform the operators of the system and of the market, to the effects of the liquidation of the energies. "

Fourteen. Article 26 (3) is worded as follows:

" 3. The holder of an installation wishing to benefit from such a scheme may do so for periods of not less than one year, which he shall communicate to the distribution company and the National Energy Commission, at least one month in advance, referred to in of the change of option. That date shall be the first day of the first month in which the change of option is to be effective and shall be explicitly referred to in the communication. '

Fifteen. Article 49 (2) is worded as follows:

" 2. In any event, the communication referred to in paragraph 1 above shall be forwarded to the competent body which authorised the installation, indicating the date of application and the total duration of the said suspension period. A copy of that communication shall also be sent to the National Energy Commission. "

Sixteen. The third and fourth paragraphs of the seventh additional provision are amended as follows:

" This supplement shall be applicable only to wind installations accredited to the distribution company and to the National Energy Commission a certificate of an entity authorised by the Ministry of Industry, Tourism and Trade to demonstrate compliance with the required technical requirements, in accordance with the relevant verification procedure.

The National Energy Commission will take note of this improvement in the registration of the administrative register of electrical energy production facilities and will communicate it to the system operator for consideration by production control effects when applicable to preserve system security. "

seventeen. Paragraphs 3, 4 and 5 of the second transitional provision are amended to read as follows:

" 3. The treatment and reduction facilities for pig holdings shall be submitted annually to the competent authority of the Autonomous Community, in addition to the summary of the summary referred to in Article 19, an environmental audit in which the equivalent quantity of 95 per cent of the moisture processed by the installation in the previous year is explicitly collected. The data subject must submit, at the same time, a copy of this documentation to the National Energy Commission.

It shall be sufficient grounds for the competent authority to revoke the authorisation of the installation as a production facility under special arrangements, except for duly justified reasons of force majeure:

(a) failure to comply with the energy efficiency requirements set out in Annex I. For the calculation of equivalent electric performance, it shall be considered as a useful heat equivalent to the drying process of the purines of 825 kcal/kg equivalent of 95 percent moisture pork purines.

b) the annual treatment of less than 85 percent of the amount of pork slurry for which the plant was designed according to the installed electrical power.

(c) the treatment of other types of residues, organic substrates or products other than pork slurry, in the case of plants that do not integrate anaerobic digestion in their process.

d) the treatment of more than 10 percent of other residues, organic substrates or products other than pork slurry, in the case of plants that integrate an anaerobic digestion in their process.

4. The treatment and drying facilities for sludge derived from olive oil production must be submitted annually to the competent authority of the autonomous community, in addition to the summary memory referred to in the Article 14, an environmental audit in which the amount of sludge equivalent to 70 per cent of moisture treated by the installation in the previous year is explicitly collected. The data subject must submit, at the same time, a copy of this documentation to the National Energy Commission.

It shall be sufficient grounds for the competent authority to revoke the authorisation of the installation as a production facility under special arrangements, except for duly justified reasons of force, non-compliance with the energy efficiency requirements set out in Annex I. For the calculation of the equivalent electrical performance, the maximum useful heat of the sludge drying process resulting from the production of olive oil shall be considered to be 724 kcal/kg and the rest of the sludges of 740 Kcal/kg, in both cases equivalent to 70 per cent of sludge moisture, not admitting sludge for drying with moisture exceeding 70%.

5. Any of these facilities will be able to opt fully to this royal decree, through express communication to the National Energy Commission. In any case, the installation that has not yet received this royal decree will automatically be accepted, maintaining its registration. In both cases, the migration shall be carried out in the category a, within the group and sub-group corresponding to power and type of fuel, not being able to revert to the economic regime described in this transitional provision. '

Eighteen. The first paragraph of the transitional provision shall be amended as follows:

" The special scheme facilities which at the entry into force of this royal decree were using cogeneration for the drying of by-products from the olive oil production process, using as fuel the biomass generated therein, may be used for the present transitional arrangement, for the entire life of the installation, by means of express communication to the National Energy Commission. "

nineteen. Paragraph 6 of Annex XI is amended as follows:

" 6. For installations or aggregations of more than 10 MW, with an existing and planned connection to the distribution network, and after the conclusion of their acceptability by the distribution manager, the distribution manager shall request the system operator to accept it. from the perspective of the transport network in the access and connection procedures. The aggregate of existing or planned generators, or groupings of such generators according to the definition of the pool referred to in Article 18, with an installed power greater than 1 MW and with a majority condition on the same knot, is considered to be aggregation. of the transport network.

The distribution system operator shall also inform the system operator of the resolution of the access and connection procedures for all installations covered by this royal decree. "

Twenty. Paragraph 5 of Annex XIII is amended as follows:

" 5. The net power of each installation shall be entered by the National Energy Commission in the administrative register of electrical energy production facilities under special arrangements. '

Final disposition third. Amendment of Royal Decree 1110/2007 of 24 August, approving the unified regulation of points of measurement of the electrical system.

An article 11a is added to the unified regulation of points of measurement of the electrical system approved by Royal Decree 1110/2007, of 24 August, with the following wording:

" Article 11a. Special regime generation facilities composed of groups of different phases.

When a generation facility on a special basis is made up of equipment which, having been put into operation at different stages, may be able to perceive different economic regimes, active and reactive energy border measures shall be allocated to each phase, together with the corresponding loss allocation, in proportion to the power installed at each stage or through individual measures.

In the event that individual measures are chosen, in addition to the corresponding global measurement point corresponding to the border point with the network, equipment for individual active power and/or reactivates at each of the facilities.

Therefore, for the purposes of Article 5 of this Regulation, a main configuration shall be established at the point of connection and, where required, a redundant or proven configuration. On the other hand, a main configuration, and when required, a redundant or proven configuration in each of the groups with different phases of the generation installation, will be established. "

Final disposition fourth. Amendment of Royal Decree 1578/2008 of 26 September 2008 on the remuneration of the production of electricity by photovoltaic solar technology for installations after the date of the maintenance of the remuneration of the Royal Decree 661/2007 of 25 May 2007 for such technology.

In Royal Decree 1578/2008 of 26 September 2008, remuneration for the production of electrical energy by photovoltaic solar technology for installations after the date of the maintenance of the remuneration of Royal Decree 661/2007 of 25 May 2007 for such technology, the following amendments are introduced:

One. The first subparagraph of Article 3 (a) shall be amended as follows:

" (a) Type I. Installations that are located on decks or facades of fixed buildings, closed, made of resistant materials, dedicated to residential, service, commercial or industrial uses, including those of a character In all cases, where there is a supply point or supplies which share a link facility with a contracted power supply of at least 25% of the nominal capacity of the facilities, the agricultural and livestock farming sector shall be Photovoltaic for the first twenty-five years from the first day of the month following the start up of the production facility. "

Two. Article 8 (1), (2) and (3) are worded as follows:

" 1. The premises registered in the Register of Pre-allocation of Remuneration shall have a maximum period of 16 months, without the possibility of extension, from the date of publication of the result at the electronic headquarters of the Ministry of Industry, Tourism and Trade, to be definitively registered in the administrative register of production facilities under special regime dependent on the competent organ and to start selling electrical energy according to any of the the options in Article 24.1 of Royal Decree 661/2007 of 25 May 2007.

2. In the event of non-compliance with the obligation laid down in paragraph 1 above, the General Directorate of Energy Policy and Mines shall proceed to the cancellation of the registration of the pre-allocation register. remuneration.

For these purposes, the National Energy Commission will propose, of its own motion, to the General Directorate of Energy Policy and Mines the initiation of the cancellation procedure for non-compliance with the registration of the pre-allocation of remuneration. The Directorate-General for Energy Policy and Mines shall, where appropriate, dictate the act of initiation of the procedure.

It will also be the cause of cancellation of the registration in the Register of reward for the voluntary withdrawal of the administrative processing of the installation or the lack of response within three months to count from the receipt of the information or performance requirements that have been formulated by the competent authority. In such cases, the competent authority shall inform the Directorate-General for Energy Policy and Mines of the origin of such cancellation, in order for the latter to give, where appropriate, the act of initiation of the procedure for the cancellation of the registration in The cited Registry for withdrawal or failure to respond to a request.

In the procedures covered by this paragraph, the maximum period for resolving and notifying will be six months after the General Directorate of Energy Policy and Mines notifies the person concerned about the act of initiation of the same. In these procedures, the Directorate General for Energy Policy and Mines will transfer the act of initiation to the National Energy Commission for the instruction of the procedure, which will include in any case the hearing of the interested party. The National Energy Commission will draft a resolution, which will be forwarded to the Directorate-General for Energy Policy and Mines, the body responsible for resolving, with a minimum notice of two months before the end of the maximum time limit for resolving and reporting the resolution.

3. The cancellation of the registration of a project in the Preallocation Register will be communicated by the Directorate General of Energy Policy and Mines to the competent body and the National Energy Commission. This cancellation will result in the loss of the rights associated with the registration in this registry, without prejudice to the possibility of the holder of the project or the installation of reapplying for the registration in the administrative register of pre-assignment of retribution starting the procedure again. "

Three. Article 9 (1) is worded as follows:

" 1. The amount of support required to participate in the pre-allocation procedure shall be EUR 20 /kW for installations of type I. 1 and I. 2 up to 100 kW, 50 €/kW for other installations of type I. 2 and 500 €/kW for the rest. In the case in which, in accordance with the provisions of Article 66a of Royal Decree 1955/2000 of 1 December 2000, the activities of transport, distribution, marketing, supply and authorisation procedures of the electrical power installations, an installation which is exempt from the submission of the guarantee for access to the distribution network, or in any other case where there is no deposit of an endorsement for a sufficient amount, shall be deposited before the General Deposit Box an endorsement for the amount necessary. In the case where the installation shall have final registration in the administrative register of production facilities under special arrangements dependent on the competent authority, the deposit of this guarantee shall not be required. '

Final disposition fifth. Basic character.

This royal decree is of a basic nature and is dictated under the terms of Article 149.1.13. and the 25th of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the economic activity and bases of the mining and energy regime, respectively.

Final disposition sixth. Development, execution, and application.

The Minister of Industry, Tourism and Trade is hereby authorized to issue in the field of his powers any provisions necessary for the development, implementation and application of the provisions of this royal decree, as well as for update the content of its annexes.

Final disposition seventh. Incorporation of European Union law.

This royal decree incorporates into Spanish law the content of Articles 13.1.f and 16 of Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and repealing Directives 2001 /77/EC and 2003 /30/EC as regards the simplification of the authorisation procedures for small-scale electricity production facilities and to the conditions of access to the networks.

Final disposition octave. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on November 18, 2011.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade,

MIGUEL SEBASTIAN GASCON

ANNEX I

Criteria for determining the maximum available nominal power of connection

To determine the maximum nominal power available for connection, the following criteria will be met:

1. For installations intended to be connected at a point in the voltage network equal to or less than 1 kV (either directly or through the installation of an internal network):

(a) The maximum rated power available at the point of connection of a line shall be calculated as half the transport capacity of the line at that point, defined as the thermal capacity of the design of the line at the point, minus the sum of the powers of the connected or connected production facilities on that line.

(b) In the case where the connection point is in a processing centre, the maximum rated power available at that point shall be calculated as half of the installed transformation capacity for that less voltage level. the sum of the powers of the production facilities connected or with connection point in force to that centre.

2. For installations intended to be connected to the voltage grid greater than 1 kV, and equal to or less than 36 kV (either directly or through the installation of an internal network):

(a) The maximum rated power available at the point of connection shall be calculated as the power to be injected at that point, taking into account the production facilities already connected with the current connection point and with the planned minimum simultaneous consumption.

(b) The calculation methodology for the planned minimum consumption shall be established in the relevant distribution operation procedure. As soon as the above methodology is not established, the minimum demand for the minimum demand shall be taken as the minimum and, in the absence of the minimum demand, 10 per cent of the peak power of the centre of the transformation.

ANNEX II

Connection Request Model

Request for connection from an installation to the low-or medium-voltage distribution

Project General

/Address/Postal Code

cadastral reference

Contact Phone

Distribution company

Owner

Address Headline email

CUPS associated supply

User (if different from the owner)

Total allocated power

 

Application of recovered heat

Authorized Installer

Installer

Accreditation/Qualification

(including postal code)

Person

Phone

Fax

 

address

Production Installation

of the generator (s) within the installation

Manufacturer of the generator (s) /model (s)

assigned power of the generator (s) team (s) (kVA)

factor of the generator (s)

Short-circuit peak current (A)

Technology generator and fuel employee

Number of equipment (s) generator (s)

and counter record number

connection

Connection Configuration Description

Unifile Attachment

Statement to be completed by the installer

Comments

declare this installation has been designed to meet the manufacturer's requirements, instructions, wiring regulation, verification of the correct operation of the protections and the grounding requirements

Name:

Signature:

Date:

ANNEX III

Type Technical Contract Model

At ...................., to ........ from ...................

UNITED

From one part ............................................................................................................... (hereinafter the holder), with N.I.F. ..........................................................................................in the name and representation of ......................................................................................., with Address at .....................................................................................................................

And from another ....................................................................................................................... (hereinafter ED), with N.I. F/NIE ......................................................................................... in the name and representation of ............................................................................................ with Address at .....................................................................................................................

MANIFEST

First. That the holder of the production facility host to the special scheme, hereinafter referred to as 'the holder', and the distribution company, hereinafter referred to as 'ED', shall enter into a standard contract for the technical conditions between the two.

Second. That by means of this writing they subscribe to a contract which is concluded to comply with the aforementioned regulatory prescription for the case of connection of installations of production of electrical power to the net in low voltage or high voltage until 36 kV, and the stipulations of which shall be adapted at all times to the general electrical regulation applicable to any term thereof.

Third. That the present contract is signed in relation to the installation named ....................., located in ................., of technology ............................., and, if necessary, whose classification in the group and subgroup of article 2 of Royal Decree 661/2007, of 25 May, shall be established by the body of the competent authority.

Fourth. That by common agreement both parties agree to subscribe to this Technical Agreement according to the following

STIPULATIONS

I. General conditions for the delivery of electrical energy.

I. I The electrical energy produced by "the holder" shall be delivered to the network of "ED" through the connection established to the effect.

I. II "The operator" may assign to third parties the electrical energy produced by the installation.

I. III All the energy under this contract will be computed to the "ED" for the purposes of the provisions of Royal Decree 1699/2011, of 18 November, which regulates the connection to the network of installations of production of electric power small power, forcing the holder to provide as much data as necessary for this consideration.

I. IV This contract will be governed in accordance with the provisions of Royal Decree 661/2007, of 25 May, which regulates the activity of the production of electrical energy in special arrangements, for special regime installations and the Royal Decree 1699/2011, of 18 November, which regulates the connection to a network of small-power electric power production facilities.

II. Technical conditions of the installation.

II. I The connection and measurement shall be carried out in the distribution/internal network of "the holder" and the tension of .................... volts in .................... (include full address and connection point description). The characteristics of the control, connection, safety and measurement equipment, as well as the single-filar scheme for the generation and liaison facilities, will be in line with the existing legislation.

II. II The power of the installation, understood as the sum of the assigned power of the generating equipment, is of ............ kW and the forecast of annual discharge to the network of the "ED" is of ............ kWh.

Power will be delivered by a single-phase system, if applicable, or symmetrical triphasic. The power factor shall not be less than 0,9 with the possibility of eligibility, in the case where the current legislation so provides, to the reactive energy regime, in compliance with the requirements of tolerance and quality marking the legislation in force.

II. III The measurement of the active energy delivered by "the holder" to "ED" shall be carried out by means of an accountant, located at the point established by common agreement, as laid down in the legislation in force. The necessary equipment shall be on behalf of "the holder".

III. Operating conditions of the installation.

III. I "The holder" undertakes to keep all installations in perfect operating conditions and especially the protective and connection devices, being responsible for any damages and damages of any kind that could cause them to "ED" installations, appliances or personnel.

"The holder" undertakes to comply with the applicable regulations on quality of service and electromagnetic compatibility of equipment connected to public networks.

III. II "ED" may only cut off the connection and suspend the absorption of energy when in the electrical grid situations are produced which justify it due to scheduled work, causes of force majeure or other situations which provide for the legislation in force. Where these circumstances may be previously known, they must be communicated to the holder in good time and as soon as possible.

"ED" will be able to reset the tension without warning.

III. III "The holder" is obliged to inform "ED" as soon as possible of any abnormality detected in its facilities that may affect the electrical grid.

III. IV The personnel previously authorized by "ED" will be able to access the enclosure or enclosures where the equipment that affects the connection and measure are located.

III. V The connection in the internal network implies the acceptance of the consequences that the disconnection of the shared border point, in application of the current regulations, could entail for any of the parts, among them, the impossibility of the generator for the sale of energy to the system and the perception of the remuneration that would have been paid to it, or the inability of the consumer to purchase energy.

IV. Causes of contract resolution or modification.

IV. I The effectiveness of this contract shall be subject to the corresponding administrative authorisations required by the legislation in force on the production and liaison facilities and the final registration in the relevant Administrative Registration of Production Facilities.

IV. II It will be cause of automatic resolution of the same the non-compliance with the above clauses as well as the mutual agreement between the parties, the cancellation of the registration in the Administrative Registry of the corresponding Production Facilities, the cessation of the activity as a production facility, the termination of the contract in the terms of paragraph V of this contract and for special scheme facilities, the failure to comply with the provisions of Royal Decree 661/2007 of 25 May 2007 by the that the activity of electrical energy production is regulated under special conditions.

IV. III The content of the above clauses will be subject to the amendments imposed by the legal regulations. In the event that such legal rules give the holder the possibility of such changes, the criterion of the holder shall be the criterion.

IV. IV Any modification of the technical conditions of the installation set out in the Annex to this contract shall be communicated by "the holder" to "ED" within the maximum period of one month from the date of the amendment and, unless the objection is raised by the distribution within one month of receipt of the communication, this documentation shall become part of this contract as an addendum.

V. Duration and interpretation of the contract.

V. I The minimum duration of this contract shall be five years from its entry into force, at the end of which it shall be deemed to be extended annually if it does not manifest one of the parties, in writing, its willingness to resolve it, with a minimum of three months in advance of the date of its expiry or any of its extensions.

V. II The clarifications, doubts or discrepancies which may arise in the application or interpretation of the provisions of this contract shall be settled by mutual agreement between the contracting parties. Failing this, the questions referred shall be submitted to the opinion of the authority responsible for this matter.

V. III In case of litigation, both parties submit to the ordinary Courts corresponding to the location of the facility.

And for this to be recorded and tested in accordance with their content, they sign this document in triplicate to a single effect, rather than the date of the heading.

By the holder, By the distributor company,

ANNEX TO THE CONTRACT

Features of control equipment, security connection, and measurement. Single-filer scheme

1. Connecting to the network

Installation assigned power (kW) ................

2. Generator Equipment (detail for each generator group)

Manufacturer ...............

Model .................

Maximum power, Pmax (W) ................

Installed power or peak power, Ppic (W) .................

Voltage, V (V) .................

Maximum power current, Imax (A) .................

Maximum Power Voltage, Vmax (V) .................

Shorting Intensity. Isc (A) .................

Total Number of Equipment .................

Number of equipment (s) generator (s) .................

3. External protections

General switch.

Manufacturer .................

Model .................

Nominal Voltage, Vn (V) .................

nominal Current, In (A) .................

Power of Cut (KA) .................

Protections relationship and its settings:

1 .................................

2 .................................

3 .................................

4 .................................

5 .................................

4. Measuring and checking apparatus

Power or two-way output counter

() The type of counter will depend on whether the generation and the load have separate lines ..

Manufacturer .................

Model .................

Manufacturing number .................

Intensity ratio .................

Tension .................

Read Constant .................

Class .................

Power input counter or bidirectional.

Manufacturer .................

Model .................

Manufacturing number .................

Intensity ratio .................

Tension .................

Read Constant .................

Class .................

5. Access to information

Reading counters ..... On site .....

Interlocutors for operation effects.

By the headline: By "ED":

Name .................                         Name ..................

Phone .................                         Telephone .................