Subscribe to a Global-Regulation Premium Membership Today!

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

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

In 2009, 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 Directive 2009 /28/EC was enacted. Directives 2001 /77/EC and 2003 /30/EC.

This Directive specifies a new specific treatment to be given to the guarantees of origin of electricity, heating and cooling produced from renewable energy sources.

It is currently necessary to adapt the aforementioned Order of 24 May 2007 ITC/1522/2007 to the provisions of that Directive 2009 /28/EC in relation to the guarantees of origin of electricity, taking into account also the provided for in Article 3.9 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 Directive 2003 /54/EC as regards the information to the consumer.

By this order, the content of Article 15 of Directive 2009 /28/EC is incorporated into Spanish law as regards the system of guarantee of origin of electricity from renewable energy sources.

According to the provisions of the 11th additional provision of Law 34/1998 of 7 October, of the hydrocarbon sector, the National Energy Commission has issued its mandatory report on the draft of this order. That report takes into account the arguments put forward in the proceedings of an evacuated hearing to the representatives of the Electricity Advisory Board.

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

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

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

One. The first paragraph of Article 1 is amended as follows:

" The purpose of this order is to regulate the guarantee of origin of electricity generated from renewable energy sources and high-efficiency cogeneration, in order to promote their contribution to the production of electricity. electricity and to be able to demonstrate to the final consumers that a given quota or quantity of energy has been obtained from these sources, as well as to facilitate the trade in electricity produced from renewable energy sources and high-efficiency cogeneration. "

Two. A second paragraph is added to Article 2, with the following wording:

"Electricity produced in pumping storage units using water that has been pumped upstream should not be considered as electricity produced from renewable sources."

Three. Article 3 is amended as follows:

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

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

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

(c) Net electricity production: the gross electric output minus the electrical consumption of the auxiliary equipment minus the losses to the point of connection to the electricity grid.

d) Cogeneration: the simultaneous generation in a process of thermal, electrical and mechanical or thermal and electrical energy.

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

f) Support system: any instrument, system or mechanism that promotes the use of energy from renewable sources thanks to the reduction of the cost of this energy, increasing its sales price or the volume of energy renewable energy, by means of an obligation to use renewable energy or through other measures. This includes, without limitation, investment aid, tax exemptions or reliefs, tax refunds, support schemes for the obligation to use renewable energy including those used for the purposes of the certificates. green, and direct support systems for prices, including regulated tariffs and premiums. "

Four. Article 4 (1) is amended as follows:

" 1. The guarantee of origin is an accreditation, in electronic form, issued at the request of the data subject, which ensures that a certain number of megawatt-hours of electrical energy produced in a plant, in a given time period, have been generated from renewable energy sources or from high-efficiency cogeneration.

The guarantees of origin will be counted with three decimal places. Also, the guarantees of origin shall include at least the data relating to the identification, status, date of entry into service, type of energy, capacity of the facility, operating period and support system, without prejudice to the Information can be further detailed by Circular of the National Energy Commission, which shall be published in the Official Gazette of the State. '

Five. Article 5 (1) is amended as follows:

" 1. The National Energy Commission is designated as the responsible body, throughout the Spanish territory, for the issue of the guarantee of origin of the electricity generated from renewable energy sources and high cogeneration. efficiency, as well as for its management, being able to carry out these tasks either directly or through a third party, after authorization by the Secretary of State of Energy of the Ministry of Industry, Tourism and Commerce, which must be independent of the generation, distribution and marketing activities and to be designated in accordance with the established by the law of public sector contracts. "

Six. Article 6.1 is amended, which is worded as follows:

" 1. The National Energy Commission shall establish a system of annotations in the account of the guarantee of origin of the electricity generated from renewable energy sources and high-efficiency cogeneration, which shall be the objective of the the information and management of the aforementioned guarantees of origin.

According to the provisions of article 27.6 of Law 11/2007, of June 22, of electronic access of citizens to the Public Services and of Article 32 of Royal Decree 1671/2009 of 6 November 2009, for which the In part, the system will be managed by electronic means and procedures through the Electronic Register of the National Energy Commission.

In such a system of accounts, information shall be kept on the quantity of guarantees of origin issued, as well as the transfers thereof. "

Seven. Article 8.1 is amended as follows:

" 1. The holder of an electrical power generation plant may, by means of compulsory electronic means, request the National Energy Commission, on a voluntary basis, to issue the guarantees of origin of the electrical energy generated in the installation from renewable energy sources or high-efficiency cogeneration for a period of time, which should be a multiple of natural months. The application for guarantees of origin corresponding to the month of production m shall be submitted before the last day of the month m + 8 and in any case before 31 January of each year for the guarantees corresponding to the previous year. '

Eight. The first paragraph of Article 8.2 is amended, which is worded as follows:

" 2. Together with the application for a guarantee of origin, the data subject shall submit to the National Energy Commission the following information specified in a monthly breakdown: "

Nine. The second and third paragraphs of Article 9 are amended as follows:

" The issuance of the guarantee of origin shall be carried out by the monthly net production effectively generated with renewable energy sources and high-efficiency cogeneration, measured in MWh.

The issue of the guarantees of origin corresponding to the month of production m shall take place before the last day of the month m + 10, and in any case, before 28 February of each year for the guarantees corresponding to the previous year and shall be understood to be in favour of the operator of the installation which shall be the initial holder of the installation. '

Ten. Article 11.1 is amended as follows:

" 1. The import of guarantees of origin shall be considered in the same way as the issue of guarantees.

The accreditations of guarantees of origin issued in another Member State may be presented by the traders to the National Energy Commission to obtain the same recognition as those issued by the guarantee of origin in Spain, provided that they are issued in accordance with the requirements laid down in Directives 2004 /8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration on the basis of demand (a) the use of heat in the internal energy market and amending Directive 92/42/EEC, and 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and repealing Directives 2001 /77/EC and 2003 /30/EC. The guarantee of origin shall be issued by the issuing body designated by a Member State of the European Union. Where there are reasonable doubts as to the accuracy, reliability or veracity of a guarantee of origin issued by another Member State, the National Energy Commission may refuse to recognise the guarantee, and shall inform the Commission of the Secretary of State for Energy for notification to the European Commission.

Once. Article 12 (4) is amended, the wording of which shall be as follows:

" 4. The guarantees of origin issued for energy generated in the production month m which have not previously been cancelled shall be automatically cancelled by expiry on the first day of the month m + 12.

From March 31 onwards, no guarantees of origin may be redeemed that correspond to energy produced in the previous year. "

Twelve. A single additional provision is added, with the following wording:

" Single additional disposition.

Detail of the guarantees of origin on the invoices of the traders to the final customers, in accordance with Article 110a of Royal Decree 1955/2000 of 1 December 2000 on the transport activities, distribution, marketing, supply and authorisation procedures of electrical energy installations.

1. The information which, in accordance with Article 110a (2) of Royal Decree 1955/2000 of 1 December 2000, governing the transport, distribution, marketing, supply and authorisation procedures of the Member State of the European Union, electrical energy installations, it should reflect any marketing undertaking selling electricity to final customers on their invoices shall be calculated on the basis of the overall generation mix referred to in paragraph 1 (a) of that Article 110 bis and taking into account the guarantees of origin relating to the energy of the previous year.

For these purposes, it shall be deducted from the overall mix of generation indicated, the share corresponding to the total guarantees of origin issued and, where appropriate, the share corresponding to the guarantees of origin which are 31 December In March of the year after the year of production of the energy, they shall be taken into account in the said undertaking and shall be deducted from those which have been redeemed to their customers until that date.

The information should also reflect for each client, if any, the number of guarantees of origin that would have been redeemed in their favor up to that date, relative to the energy of the previous year.

2. The information referred to in Article 110a (1) and (2) referred to above, relating to the energy production of the previous year, shall be reflected in the invoices of the customers from the month of April,

During the months of January through March, both inclusive will reproduce the same information as in the preceding months of the previous year.

3. In the case of traders of last resort, the guarantees of origin which could have been acquired or redeemed shall be imputed exclusively to the supply activity other than that of last resort. '

Single additional disposition. Enabling the National Energy Commission.

The National Energy Commission is enabled to establish agreements with non-EU regulators in order to facilitate the implementation of Article 9 of Directive 2009 /28/EC 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.

Single transient provision. Application of modifications to the regulation and operation of the electricity source guarantee system from renewable energy sources.

The amendments to the regulation and functions of the system of guarantee of origin of electricity from renewable energy sources which are introduced by this order shall apply from the first day of the fourth calendar month after the date of entry into force of the same.

Single Repeal Disposition. Regulatory Repeal.

Article 15 and the single final provision of Order ITC/1522/2007 of 24 May 2007 establishing the regulation of the guarantee of the origin of electricity from renewable energy sources and from renewable energy sources are hereby repealed. high-efficiency cogeneration, as well as in general how many provisions of equal or lower range are opposed to what is established in this order.

First Disposition first. Competential title.

This order is dictated by the provisions of Rules 13 and 25. of Article 149.1 of the Constitution, which attribute to the State jurisdiction on the basis and coordination of the general planning of economic activity and on the basis of the energy and mining regime, respectively.

Final Disposition Second. Incorporation of European Union law.

By this order, the content of Article 15 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 sources is incorporated into Spanish law. renewable and amending and repealing Directives 2001 /77/EC and 2003 /30/EC as regards the system of guarantee of origin of electricity from renewable energy sources, taking into account Article 3.9 of the Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the market internal electricity and for which Directive 2003 /54/EC is repealed.

Third final disposition. Entry into effect.

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

Madrid, October 27, 2011. -Minister of Industry, Tourism and Trade, Miguel Sebastian Gascón.