The modification of the Hydrocarbons Sector Act 34/1998 was probably the
most important legislative event of the year. A number of regulations were approved
aimed at adapting Spanish legislation to the second Directive, of which only certain features have been necessary.
Mention must be made of the fact that the Spanish deregulation process has
progressed on various fronts towards Community legislation, applying the legislative development of
the Hydrocarbons Act of 1998. Here, we refer to Act 12/2007, Royal Decree 1068/2007 and ORDER ITC/2309/2007
(Official State Gazette of 31 July 2007). We have already referred briefly to Act 12/2007.
Royal Decree 1068 designates the markets that are to assume the obligation of last-resource supplies and lays
down the obligations for promoting the choice of a marketer by consumers. ORDER ITC/2309 lays down the transfer
mechanism for changing clients with current contracts from the tariff market to the marketing companies that are to
assume the obligation of last-resource supplies.
Other legislation that affects gas activities in Spain and which must be
mentioned here is that which is constituted by virtue of the following orders:
- ORDER ITC/2795/2007, which modified the natural gas tariff for use as a raw
material and lays down a transport toll for certain users connected to regasification plants.
The purpose of this Ministerial Order is to integrate the sale price of natural gas
for use as a raw material in the general tariff system, basically for the production of fertilisers.
The tariff applied to this gas has been approaching the value of the general tariff of an equivalent
consumer (tariff 3.4) from 30 September (when this Order came into effect) to 1 January 2008.
- • ORDER ITC/1968/2007, which updated the system for automatically determining the pre-tax maximum sale
prices of packaged liquefied petroleum gases and modified certain provisions governing hydrocarbons.
One of its consequences was the deregulation of the price of gas bottles with loads of more than 20 kg.
Accordingly, mention must be made of the fact that the price of gas bottles with loads of less than 8 kg had
already been deregulated in Spain some years ago.
Decisions published in the Official State Gazette before 1 January, April, July and October, respectively, laid
down the maximum prices for the kilogram of LPG sold in containers of more than 8 kg and less than 20 kg, the
only one whose price has not been deregulated.
- ORDER ITC/3996/2006, dated 29 December, provided that as from 1 July 2007, transport companies
would be responsible for purchasing the natural gas they require for self-consumption. The auction
procedure had been established by Decision of the Energy Secretary of 12 April 2007. The first auction
was held at the end of May 2007.
- Decision of 20 April, which modified certain technical management provisions for
the gas system and laid down various protocols. There were four new protocols aimed at
extending and improving the NGTS within an atmosphere of consensus between the main players of
the natural gas sector in Spain.
- Royal Decree 1766/2007, which modified Royal Decree 1716/2004 to legislate
the obligation to maintain minimum safety stocks, the diversification of the natural gas
supply and the corporation of strategic oil product reserves. It contains several reforms. For example, it
limits imports from one single country to a maximum of 50% (previously 60%). It modifies the number of days
of mandatory minimum safety stocks, which, in the case of natural gas, is 20 days of firm sales or
consumption.
- ORDER ITC/3862/2007, which laid down the mechanism for allocating underground
natural gas storage capacity and created a capacity market.
- Royal Decree 1804/2007, which converted part of the operation licences
of Hidrocarburos Gaviota into a licence for operating hydrocarbon storage areas.
- ORDER ITC/3861/2007, which laid down the last-resource tariff for the natural
gas system for 2008. This Order lays down the mechanism for setting the maximum price
of the last-resource tariff and the tariff to be applied to consumers that do not have a current
contract with any marketer.
Temporary provision five of Act 12/2007, which modified the Hydrocarbons Act, laid down the schedule with
the deadlines for applying for the last-resource tariff. As from 1 July 2008, the consumers connected to gas
pipelines with a pressure that is equal to or less than 4 bar and an annual consumption of less than 3 GWh
can apply. From 1 July 2009, the limit is reduced to 2 GWh and, one year later, to 1 GWh.
- ORDER ITC/3863/2007, which laid down the royalties and tolls associated with
third-party access to gas facilities for the year 2008 and updated certain issues
related to the payment of the regulated activities of the gas sector.
Finally, we must add two short notes from the draft of the document titled Gas and electricity sector planning 2007-2016:
- The forecast for total energy consumption in Spain estimates more modest
values for 2011 than the current planning document. The reason for this is the
consideration of greater increases in energy savings and efficiency.
- The said estimate considers that natural gas will reach 24.8% of primary energy consumption by 2016.