Energy Spain Newsflash 1102022 24335 PM

ROYAL DECREE-LAW 29/2021, OF 21 DECEMBER, ADOPTING URGENT MEASURES IN THE FIELD OF ENERGY TO PROMOTE ELECTRIC MOBILITY, SELF-CONSUMPTION AND THE DEPLOYMENT OF RENEWABLE ENERGIES

On 22 December 2021, Royal Decree-law 29/2021 adopting urgent measures in the field of energy to promote electric mobility, self-consumption and the deployment of renewable energies was published in the Official State Gazette (RDL 29/2021). The content of RDL 29/2021 can be accessed here.

RDL 29/2021 sets out a series of urgent measures in the field of energy aiming at eliminating regulatory barriers that prevent or hinder the accelerated deployment of electric mobility, self-consumption and renewable energies. Among others, the following novelties are noteworthy:

1.1 Modification of the intermediate milestones of Royal Decree-law 23/2020

RDL 29/2021 amends section 1 of Royal Decree-law 23/2020 of 23 June, approving measures in the field of energy and other areas for economic recovery (RDL 23/2020).

By virtue of such modification, the deadlines for obtaining (i) the favourable environmental impact statement, (ii) the prior administrative authorisation and (iii) the construction administrative authorisation are extended for an additional period of 9 months, without extending the total period of 5 years corresponding to the final milestone (i.e., the exploitation authorisation), as detailed below:

(a) If the access permit was obtained between 28 December 2013 and 31 December 2017, both inclusive:

• Environmental impact statement: 27 months.
• Prior administrative authorisation: 30 months.
• Construction administrative authorisation: 33 months.

(b) If the access permit was obtained after 31 December 2017 and before the entry into force of RDL 23/2020:

• Environmental impact statement: 31 months.
• Prior administrative authorisation: 34 months.
• Construction administrative authorisation: 37 months.

The above referred deadlines shall be counted as from 25 June 2020.

1.2 Voluntary waiver of access and connection rights

Holders of access and connection permits which were obtained prior to the entry into force of RDL 29/2021 and those who, having applied for them prior to the entry into force of RDL 29/2021, have not yet obtained them, may waive their permits or the submitted application within one month after the entry into force of RDL 29/2021 (i.e., 23 December 2021), being entitled to the return of the grid guarantees deposited before the authorities.

1.3 Promotion of self-consumption

The definition of "production facilities which are both close and associated to consumption facilities" as provided for in Royal Decree 244/2019 of 5 April, which sets out the regulations for the administrative, technical and economic conditions for self-consumption of electricity, is modified in order to enable collective self-consumption through the grid in those cases in which the associated consumers are connected at a distance of less than 500 metres, regardless of the voltage level at which they are connected.

Furthermore, section 23 of Royal Decree 1183/2020 of 29 December, on access and connection to the grid is also amended in order to exempt from the obligation to deposit grid guarantees those generation facilities (i) exempted from obtaining access and connection permits (e.g., self-consumption facilities without surplus); or (ii) associated to a type of self-consumption with surplus but whose installed capacity does not exceed 100 kW, provided that they do not form part of a grouping of installations whose aggregated capacity exceeds 1 MW.

1.4 Promotion of electric mobility through the deployment of charging infrastructure

RDL 29/2021 amends section 48 of Law 24/2013 of 26 December on the Electric Sector, in order to set out that, in case of installation of charging stations, the competent public authorities shall not demand the obtention of prior licences nor authorisations for the facilities, its construction or operation or for environmental matters nor any other of a similar nature as they will be replaced by a scheme of responsible statements.

Likewise, RDL 29/2021 introduces new obligations regarding the installation of charging stations for the state road concessionaires whose contracts were being executed as of 22 May 2021 whenever such contracts include fuel supply facilities for vehicles.

Finally, these recently approved regulations provide for the possibility of municipal tax regulations encouraging the deployment of the charging infrastructure by means of introducing tax benefits on certain municipal taxes.

1.5 Promotion of offshore wind power generation

A new paragraph is added to the third additional provision of Royal Decree-law 12/2021, of 24 June, adopting urgent measures in the field of energy taxation and energy generation, and on the management of the regulation fee and the water use tariff (RDL 12/2021), which exempts from the moratorium set out in said additional provision those applications for administrative authorisations for offshore wind generation facilities that already have prior administrative authorisation or are associated with the establishment or increase of infrastructures for the testing, demonstration or validation of pilot projects and new technologies associated with offshore wind energy, including the necessary evacuation infrastructures.

1.6 Flexibility on natural gas supply contracts

RDL 29/2021 sets out a series of temporary measures aimed at making gas supply contracts more flexible. These measures may be requested to their respective gas traders by the holders of supply points included in local network toll levels RL.4 (between 50,001 and 300,000 kWh) and upwards or those which have single-customer satellite plants. These measures consist of:

• The modification of the contracted daily volume (limited to a maximum of 3 modifications);
• The inclusion in a toll step corresponding to a lower annual consumption; or
• Temporary suspension of the supply contract at no cost. In any case, the suspension of the supply contract will be exclusively of an administrative nature and will not modify the term of the original contract.

These measures may be requested as from the entry into force of RDL 29/2021 and until 5 days after the condition is met that the quotation of the daily product with next day delivery at the Virtual Balancing Point published by MIBGAS remains below 60 €/MWh for 10 consecutive daily trading sessions and until 31 March 2022 at the latest.

Likewise, the gas trader with supply points covered by the above measures may request the relevant distribution or transmission company to apply the following measures:

• Modification of the contracted volume of the tolls applied to the exit points and the loading of tanks.
• The modification of the toll steps applied at the exit points.
• The cancellation of contracted exit capacity products and the suspension of access contracts, for the same or shorter periods than the period during which the abovementioned measures may be requested, without any restriction.