Original link: https://www.boe.es/buscar/pdf/2020/BOE-A-2020-6621-consolidado.pdf

Measures to promote energy efficiency
Article 5. Modification of Law 18/2014, of October 15, on
approval of urgent measures for growth, competitiveness and
efficiency.
Law 18/2014, of October 15, approving urgent measures for growth, competitiveness and efficiency, is amended as follows:

  1. Article 69 is amended to read as follows:

«Article 69. Creation of a national system of obligations.

  1. The national system of energy efficiency obligations is created, by virtue of which it will be assigned to gas and electricity trading companies, wholesale petroleum product operators, and wholesale liquefied petroleum gas operators, From now on, obliged subjects of the obligation system, an annual quota of energy savings at the national level, called savings obligations.
    The resulting savings obligations will be equivalent, in aggregate for the duration of the system, to the objective assigned to Spain by article 7 of Directive 2012/27 / EU of the European Parliament and of the Council, of October 25, 2012, relative to energy efficiency, by which Directives 2009/125 / CE and 2010/30 / EU are modified, and by which Directives 2004/8 / CE and 2006/32 / CE are repealed, which has been modified by Directive (EU) 2018/2002, of December 11, 2018, after deducting the savings from the alternative measures contemplated in article 7 ter of the aforementioned Directive.
  2. The duration of the national system of energy efficiency obligations will include from the entry into force of Royal Decree-Law 8/2014, of July 4, approving urgent measures for growth, competitiveness and efficiency, until on December 31, 2030.
  3. In order to verify the trajectory towards the fulfillment of the objectives assigned to Spain, a review of the system may be carried out for the periods between January 1, 2017 and December 31, 2020, between January 1 2021 and December 31, 2025 and, between January 1, 2026 and December 31, 2030. “
    Two. Article 70 is modified with the following wording:
    «Article 70. Calculation of the individual savings obligations of the obligated subjects.
  4. The annual energy saving objective, the savings quotas or obligations corresponding to each of the obligated subjects and their financial equivalence will be set annually by order of the Minister for the Ecological Transition and the Demographic Challenge, with the prior agreement of the Delegate Commission of the Government for Economic Affairs.
    The annual energy saving target of each obligated subject will be calculated by multiplying the energy sales corresponding to each of the aforementioned subjects in year n-2 (where n is the reference year of the obligation), by the result of dividing the target of average annual savings for the 2015-2020 period, between the average annual sales volume of all the obligated subjects considered in the corresponding published ministerial orders establishing the obligations to contribute to the National Energy Efficiency Fund in said period, multiplied by a factor, which may vary over the period 2021-2030, so as to achieve the final energy saving target established in article 7 of Directive 2012/27 / EU, as amended by Directive ( EU) 2018/2002, in the period 2021-2030.
    In other words, the annual energy saving target corresponding to each of the obligated subjects will be calculated as follows:
    Where: The energy sales related to each obligated party, indicated in the previous paragraph, correspond to:
    In the case of gas and electricity marketers, with the volume of their final energy sales at the national level to final consumers, taking into account their entire activity, expressed in GWh, during the second year prior to the annual period of the obligation.
    In the case of wholesale operators of petroleum products and liquefied petroleum gases, with the volume of their final energy sales at the national level for subsequent retail distribution, and to final consumers taking into account
    It counts all its activity, expressed in GWh, during the second year prior to the annual period of the obligation.
    The coefficient C will be proportional to the increase in the annual savings objective necessary to comply with the provisions of article 7 of Directive 2012/27 / EU, as amended by Directive (EU) 2018/2002, in the period 2021-2030.
    The sum of the annual savings obligations of all the obligated subjects will be equal to the annual energy saving target established by the order of the Minister for Transition.

Ecological and the Demographic Challenge. In no case, the sum of the annual savings obligations of all the obliged subjects may exceed the accumulated objective of annualized final energy savings established for Spain by article 7 of Directive 2012/27 / EU, as amended by Directive (EU ) 2018/2002, in the period 2021-2030.
In the event that an obliged subject drops out as a wholesale trader or operator in the year in which the obligation is fulfilled, he will be considered an obligated subject for the purposes of this Law, for the entire corresponding annual obligation period. For these purposes, the obliged subject must certify to the General Directorate of Energy Policy and Mines his withdrawal from the activity, who will notify the managing body of the National Energy Efficiency Fund.
To determine the corresponding amount for each obliged subject, the adjustments, in a positive or negative sense, that derive from the correction of the sales data supplied by the obligated subjects will be included on those established in the corresponding ministerial order of the previous year for which the obligation is established.

  1. For these purposes, the obliged subjects must submit annually, before June 30, to the General Directorate of Energy Policy and Mines the data on energy sales corresponding to the previous year, expressed in GWh. “
  2. Article 71 is modified with the following wording:

«Article 71. Compliance with the obligations and Energy Saving Certificates.

  1. In order to comply with the annual energy saving obligations, the obliged subjects must make an annual financial contribution to the National Energy Efficiency Fund referred to in the following article, for the amount resulting from multiplying their annual saving obligation by the financial equivalence that is established.
    Said financial obligation must be entered for full quarters in four equal parts, and this no later than March 31, June 30, September 30 and December 31 of each year, except for the last year of obligation in which the Said financial obligation must be entered in two equal parts, and this no later than March 31 and June 30.
    By order of the Minister for the Ecological Transition and the Demographic Challenge, financial equivalence will be determined based on the estimated average cost to mobilize investments in all sectors of actions necessary to achieve the annual savings objective.
  2. Alternatively, and in the terms that are regulated by the Government, a mechanism for accreditation of the achievement of an amount of energy savings equivalent to compliance with the obligations of the system may be established. This mechanism will be based on the presentation of Energy Savings Certificates (CAE) resulting from the performance of energy efficiency actions.
  3. The inspection and processing of sanctioning procedures derived from non-compliance with the obligations established in this Law and in its development provisions in relation to the national system of energy efficiency obligations will correspond to the Ministry for the Ecological Transition and the Demographic Challenge. . »Article 72 is modified with the following wording:

«Article 72. National Fund for Energy Efficiency.

The National Energy Efficiency Fund is created, a fund lacking legal personality, the purpose of which will be to finance national energy efficiency initiatives, in compliance with article 20 of Directive 2012/27 / EU of the European Parliament and of the Council, of 25 October 2012, as amended by Directive (EU) 2018/2002.

The National Energy Efficiency Fund will be dedicated to financing economic and financial support mechanisms, technical assistance, training, information, or other measures in order to increase energy efficiency in different sectors, so that they contribute as a whole. to achieve the national energy saving objective provided for in article 7 of Directive 2012/27 / EU of the European Parliament and of the Council, of October 25, 2012, as amended by Directive (EU) 2018/2002.

All expenses caused by the management of the National Energy Saving System may be covered by the Fund’s endowments. For these purposes, management expenses will also be considered, among others, the preparation of studies and reports, the technical assistance for the definition of the action measures, as well as for the measurement, control and verification of the fulfillment of the objectives. “Sections 1 and 3 of article 73 are modified, with the following wording:
“1. The National Energy Efficiency Fund will be attached to the Ministry for Ecological Transition and the Demographic Challenge, through the Secretary of State for Energy. “

“3. The supervision and control of the Fund will correspond to a Monitoring and Control Committee attached to the Ministry for the Ecological Transition and the Demographic Challenge, through the Secretary of State for Energy, which under the presidency of its holder will be composed of the holders of:
a) The General Directorate of Energy Policy and Mines.
b) The General Directorate of the Institute for Energy Diversification and Saving (IDAE), M.P.
c) The Spanish Office of Climate Change
d) The Department of Economic Affairs and G20 of the Cabinet of the Presidency of the Government.
e) A representative with the rank of Director General of the following ministerial departments:
1st Ministry of Finance.
2nd Ministry of Transport, Mobility and Urban Agenda.
3rd Ministry of Economic Affairs and Digital Transformation.
The secretary of the Committee will be appointed by the President, from among officials of the Secretary of State for Energy of the Ministry for the Ecological Transition and the Demographic Challenge with the rank of Deputy Director General. The Government, by royal decree, may modify the composition of the Committee. “

Section 1 of article 74 is modified, with the following wording:

“1. The Fund will be endowed with:

The resources from the ERDF Community structural funds as a result of the co-financing of actions carried out with the resources of the Fund.

The contributions of the subjects bound by the national system of energy efficiency obligations in respect of compliance or settlement of their savings obligations during the period from January 1, 2014 to December 31, 2030.

Other contributions that are consigned in the General State Budgets.

The resources (amounts) to finance new operations from returns that return or are recovered by principal and interest accrued and collected from loans granted as financing of the individual actions carried out in application of the action measures, as well as those other amounts that could eventually be entered into the fund’s treasury as a result of a reimbursement procedure due to non-compliance by the beneficiary with the conditions of the aid granted.
Any other resource destined to finance actions that aim to implement energy saving and efficiency measures, as well as the remaining contributions, if any, from previous years. “
Seven. Paragraphs 1. a), 2. a) 3. a) and 3. e) of Article 79 are amended, and are worded as follows:
“1.a) Stop paying the entire annual amount that corresponds to the National Energy Efficiency Fund within the period of the obligation when the annual contribution exceeds 5 million euros.”
“2.a) Stop entering the annual amount that corresponds to the National Energy Efficiency Fund within the period of the obligation when the annual contribution is greater than 500,000 euros and less than 5 million euros.”
“3.a) Stop entering the annual amount that corresponds to the National Energy Efficiency Fund within the period of the obligation when the annual contribution is equal to or less than 500,000 euros.”
«3.e) The delay in the communication of data on energy sales or any other information requested by the Administration, which makes it difficult, but does not prevent, the determination of savings obligations. For these purposes, the prescription of the offense referred to in article 83 will begin to run from the day following the publication in the Official State Gazette of the corresponding order of the Minister for the Ecological Transition and the Demographic Challenge. referred to in article 70. “
Eight. Article 83 is modified, which is worded as follows:

«Article 83. Prescription of infractions and sanctions.

The statute of limitations for the offenses provided for in this chapter shall be three years for the very serious, two for the serious and six months for the minor.

The statute of limitations for the sanctions provided for in this chapter shall be three years for the very serious, two years for the serious and one year for the minor.

For the computation of the limitation periods of infractions and sanctions, the provisions of article 30 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, will be followed. “
Nine. Section 1 of article 84 is amended, with the following wording:
“1. The initiation and instruction of sanctioning procedures derived from administrative offenses typified in the scope of the national system of energy efficiency obligations and in matters of audits energy services, accreditation of service providers and energy auditors, promotion of energy supply efficiency and energy consumption accounting, as well as its filing, will correspond to the corresponding General Directorate body of the Secretary of State for Energy. “Ten. Article 86 is modified, being worded as follows:

«Article 86. Penalty procedure.

  1. The procedure for the imposition of the sanctions provided for in this Law, in which the investigation and resolution phases will be duly separated, will adjust to the provisions of Law 39/2015, of October 1, on the Procedure
    Common Administrative of Public Administrations, with the particularities that are established in the other articles of this chapter.
  2. The maximum period for resolution and notification in these sanctioning procedures in which the instructions and processing phases will be duly separated will be eighteen months, counting from the date on which they are initiated. Once this period has elapsed, the expiration of the procedure will be declared and the filing of the actions will be ordered, with the effects provided for in article 95 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations. “

Second additional provision. Investment limits in electricity transmission and distribution networks.

Exceptionally, during each of the years from the 2020 to 2022 triennium, the annual volume of investment in the electric power transmission network put into service each of those years with the right to remuneration by the system may amount up to a maximum of 0.075 percent of the gross domestic product of Spain foreseen by the Ministry of Economic Affairs and Digital Transformation for each of those years.
Likewise, during the 2021-2026 period, in the calculation of the annual investment volume subject to the quantity limitation, the investment volume motivated by international interconnections will not be computed, although these actions will be entitled to remuneration paid through the tolls of access to transport and distribution networks.
The calculation of the volume of investment with the right to remuneration of each of the transport companies will be carried out in accordance with the provisions of Chapter IV of Royal Decree 1047/2013, of December 27, which establishes the methodology for the calculation of the remuneration of the electricity transmission activity, with the particularities related to the total sectoral volume indicated in the previous paragraphs.
The increase in the maximum volume of investment with the right to remuneration by the system in the transmission network included in the first paragraph of this section must be considered in the development plan of the electric power transmission network for the period 2021-2026.

In the same way, exceptionally during each of the years of the triennium 2020 to 2022, the annual investment volume of the electric power distribution network put into service each of those years with the right to remuneration from the system it may amount to a maximum of 0.14 percent of the gross domestic product of Spain provided for by the Ministry of Economic Affairs and Digital Transformation for each of those years.
The calculation of the volume of investment with the right to remuneration of each of the distribution companies will be carried out in accordance with the provisions of Chapter IV of Royal Decree 1048/2013, of December 27, which establishes the methodology for the calculation of the remuneration of the electricity distribution activity, with the particularities related to the total sectoral volume indicated in the previous paragraph.

The maximum value of the investment volume subject to the quantity limitation indicated in the previous sections may be modified upwards or downwards by order of the Minister for the Ecological Transition and the Demographic Challenge, with the prior agreement of the Government Delegate Commission for Economic Affairs, in order to adjust it to the real evolution of the economy or if technical or economic circumstances arise.

Third additional provision. Destination of the surplus of the Electricity Sector.

Notwithstanding the provisions of article 19 of Law 24/2013, of December 26 and in the first additional provision of Royal Decree-Law 15/2018, of October 5, exceptionally, the income surplus of the The electrical system may be applied to cover temporary imbalances, on a preferential basis, and temporary deviations between income and costs for the 2019 and 2020 years.

By order of the Minister for the Ecological Transition and the Demographic Challenge, with the prior agreement of the Government Delegate Commission for Economic Affairs, the amounts, terms and deadlines of the application referred to in the previous section will be approved.
Fourth additional provision. Accompanying measures for facilities covered by the specific remuneration scheme whose operating costs depend essentially on the price of fuel.

For standard installations whose operating costs depend essentially on the price of fuel, the value of the remuneration for the operation applicable during the period in which the alarm state is in effect, will be calculated according to the following sections.

For the calculation of the value of the remuneration for the operation, the remuneration parameters in force on the date of approval of this royal decree law will be considered, with the exception of the values ​​of the electricity market price and the price of the emission rights of CO2, which will be estimated for the period in which the alarm state is in effect. Likewise, if it is necessary for the correct application of the specific remuneration regime, those remuneration parameters related to those mentioned above will be updated.

The remuneration for the operation thus calculated may in no case be less than the value of the remuneration.

established in Order TED / 171/2020, of February 24, for each standard installation.

Exceptionally, the values ​​of the number of equivalent minimum operating hours and the operating threshold applicable to the year 2020 to the standard facilities affected by this article are reduced by 50% with respect to the values ​​established in Order TED / 171/2020 , of February 24.
Fifth additional provision. Extension of the transitional period for adaptation of the port stevedores management companies.
The term of the transitional period of adaptation of the port stevedore management companies established in the first transitional provision of Royal Decree-Law 8/2017, of May 12, which modifies the regime of workers for the provision of the port cargo handling service in compliance with the Judgment of the Court of Justice of the European Union of December 11, 2014, relapsed in Case C-576/13 (infringement procedure 2009/4052), is extended for a period of two months from the entry into force of this royal decree-law.
This extension will have effects exclusively regarding the adaptation of the port stevedoring management companies, without affecting the system for granting special aid for the adaptation of the port stevedoring sector.
Sixth additional provision. Sanitary control of international passengers. (Repealed).
First transitory provision. New requests for access permits.

From the entry into force of this royal decree-law and until the approval by the Government and the National Commission of Markets and Competition, respectively, of the royal decree and the normative circular that article 33 of Law 24 develops / 2013, of December 26, new applications for access permits for electricity production plants will not be accepted by the network managers, neither for the existing capacity at the entry into force of the royal decree-law nor for the one that is released with later as a result of withdrawals, expiration dates or any other circumstance that arises.
However, those applications that, upon the entry into force of this royal decree-law, have sent to the competent administration for the processing of authorizations the proof of having deposited the economic guarantees for the authorization will be accepted by the network managers. processing of access permits.

The provisions of the first paragraph of section 1 above will not apply to requests that may be made:
a) Within the framework of the procedures for granting the evacuation access capacity provided for in the twenty-second additional provision of Law 24/2013, of December 26, for the granting of access and connection permits to guarantee a just transition.
b) For production plants intended for self-consumption that are connected to the electrical energy distribution network.
c) To grant access permits to electricity consumers.

Since the entry into force of this royal decree-law, the provisions of the fourth additional provision of Royal Decree-law 15/2018, of October 5, on measures Urgent for the energy transition and consumer protection.
However, by means of a royal decree, criteria and requirements may be defined to incorporate additional positions in transport substations to those expressly included in the planning of the transport network. Said positions will be considered as planned facilities and included in the investment plans for the purposes of granting access permits.
Second transitory provision. Obligations to contribute to the National Energy Efficiency Fund in 2020.
Exceptionally, a moratorium is established in the fulfillment of the obligations to contribute to the National Energy Efficiency Fund, established in Order TED / 287/2020, of March 23, of those obliged subjects that are micro, small and medium-sized companies. (SMEs), in accordance with Annex I, Definition of SMEs, of Commission Regulation (EU) No. 651/2014, of June 17, 2014, which declares certain categories of aid compatible with the internal market in application of articles 107 and 108 of the Treaty.
Said moratorium will apply to the pending obligations of the aforementioned obliged subjects until February 28, 2021. The condition of SME must be accredited before the General Directorate of Energy Policy and Mines, belonging to the Ministry for the Ecological Transition and the Demographic Challenge, before December 31, 2020.
Third transitory provision. Application of the provisions in article 3 to the administrative authorizations in progress.

The provisions from section two to eight of article 3 will be applicable to all those facilities that had not begun their processing upon the entry into force of this royal decree-law or in those cases in which, even having made the request, no would have started on said date of entry into force, the public information and the request for reports to the administrations, organizations and companies affected.

First final provision. Modification of Law 24/2013, of December 26, on the Electricity Sector.

A new letter n) is introduced in article 13.3 of Law 24/2013, of December 26, of the Electricity Sector, with the following wording:

«N) The expenses incurred by the accounts managed by the body in charge of the settlements to carry out the settlement of the regulated costs of the electricity sector, except in the cases in which it is foreseen that such costs will be deducted from the balances that exist in the account in favor of the holders of the right in question. The expenses incurred by the specific account related to the surplus of income will be deducted from the existing balance in said account. “

Second final provision. Modification of Law 66/1997, of December 30, on Fiscal, Administrative and Social Order Measures.

Article 79 of Law 66/1997, of December 30, on Fiscal, Administrative and Social Order Measures is modified, which is worded as follows:

«Article 79. Purpose of the Institute for Just Transition, O.A.

The Institute for Just Transition, OA, aims to identify and adopt measures that guarantee workers and territories affected by the transition towards a more ecological, low-carbon economy, equitable and supportive treatment, minimizing the negative impacts on the employment and depopulation of these territories. “