As far as new legislation is concerned, in 2007 the Spanish government and the General
Parliament adopted legislation governing energy, of which we have selected a part (further
references can be found in the chapter on gas in Spain).
- Royal Decree 661/2007 (Official State Gazette of 26 May 2007), which regulated the activity for the production of electrical energy under the special system.
It is the legislation of certain technical issues that modifies the payment scheme
and includes the changes resulting from both European legislation and Royal
Decree-Law 7/2006 in that it introduces modifications to the legal system for the activity of cogeneration.
- Royal Decree 47/2007 (Official State Gazette of 31 January 2007), which adopted the basic procedure for the energy certificate for newly constructed buildings. It lays down the procedure for determining the level of energy efficiency of each building. The classification obtained in each case will be public and known by potential buyers.
- Royal Decree 1027/2007 (Official State Gazette of 29 August), which adopted the Regulations for thermal installations in buildings (in Spanish, RITE).
It responds to the need for adopting Directive 2002/91/CE on the energy efficiency
of buildings and to the adoption of the Technical Building Code. The RITE is a development
measure of the action plan for the energy efficiency and saving strategy in Spain (2005-2007) and
should also contribute to reaching the targets set by the Plan for the promotion of renewable energies (2000-2010).
Special mention must be made of the fact that there is a deadline for the installation of boilers below minimum performance and that the use of fossil fuels is prohibited.
- Act 217/2007, which modified the Electricity Sector Act 54/1997 to adapt it to the provisions laid down in Directive 2003/54/CE on common regulations for the domestic electricity market.
This is an adaptation to the provisions laid down in the said Directive. Mention must also be made of the fact that the tariff supply activity will no longer be part of the distribution activity as from 1 January 2009. The supply will be entirely the responsibility of the marketers under a free-competition system as from 1 January 2009.
- Similar legislation has also been adopted for the gas sector: Act 12/2007, which modifies the Hydrocarbons Sector Act 34/1998 in order to adapt it to the provisions laid down in Directive 2003/55/CE governing common regulations for the domestic natural gas market.
In the last annual report, we commented on the fact that the Spanish government, in the Cabinet of Ministers of 31 March 2006, had adopted the Review 2005-2011 of the Plan for the gas and electricity sectors for the period 2002-2011.
The government is now working on the draft version of the document that will replace the aforementioned document and is titled Plan for the Gas and Electricity Sectors 2007-2016.
The said document is in keeping with the increase in the population that has taken
place in Spain (higher than anticipated when the aforementioned review was made) and consequently
adapts the actions in infrastructures planned for gas and electricity. It is important to point out that, despite
the said increase in population, an energy efficiency target has been set that is higher than in the previous document. One important fact is that final energy consumption will grow at an accumulative annual rate of 1.6% in comparison with the 2.6% laid down in the aforementioned document, with a deadline of 2011. Therefore, final and primary energy consumptions follow a less pronounced trajectory (the estimated consumption of primary energy for 2016 is equivalent to the figure forecast for the year 2011 in the previous planning document).