Gas in Spain > Significant aspects of legislation
Significant aspects of legislation

Below are set out the regulations published in 2009 (in chronological order) impacting on gas activities in Spain:

  • Ruling of 31/12/2008 publishing the remuneration for regulated activities, connection rights and tariffs for meter rental and remote metering equipment for the year 2009 (BOE 16/01/2009).

It should be remembered that on 31/12/2008 the BOE published Order ITC/3802/2008, establishing the tolls and fees associated with third-party access to gas installations, the tariff of last resort and certain aspects regarding regulated gas sector activities.

  • Circular 4/2008 of the CNE (National Energy Commission) for requests for supply prices on the Spanish wholesale gas market (BOE 12/02/2009).
  • Circular 5/2008 on the CNE on (requests for) information for the Spanish retail natural gas market (BOE 12/02/2009).
  • Ruling of 15 December 2008 establishing forms for the presentation of information by parties to the natural gas system (BOE 21/01/2009).
  • Ruling of 9 March 2009 establishing certain aspects connected with auctions for allocation of capacity of underground storage to the period 01/04/2009 to 31/03/2010 (BOE 17/03/2009).
  • Order ITC/863/2009 regulating auctions for the acquisition of natural gas to be used as the reference in setting the tariff of last resort (BOE 08/04/2009).
  • Ruling of 3 April 2009 publishing the natural gas tariff of last resort (BOE 11/04/2009).
  • Order ITC/1251/2009, arranging publication of the Resolution of the Council of Ministers of 3 April 2009, modifying the calendar referred to in the fifth transitory provision of Act 12/2007 (BOE 21/05/2009).

The Resolution of the Council of Ministers in specific terms modified the consumption limits established in the previous regulations, with the aim of adapting the calendar to the terms of Directive 2003/55/EC, on common standards for the internal natural gas market, meaning that from 1 July 2009, the tariff of last resort was available to all consumers connected to gas pipelines with a pressure equal to or less than 4 bar, and with an annual consumption of less than 55,000 kWh.

  • Order ITC/1548/2009, establishing obligations for the presentation of accounting and economic/financial information on companies undertaking electrical, natural gas and manufactured gas by pipeline activities (BOE 13/06/2009).
  • Royal Decree 1011/2009, regulating the Supplier Switching Office (BOE 20/06/2009).

This Royal Decree corresponds to the need for development of the new Article 47 bis of the Electrical Sector Act (Act 54/1997), along with the new Article 83 bis of the Hydrocarbons Sector Act (Act 34/1998).

The Supplier Switching Office is a new feature not only on the Spanish energy scene, but also in other European countries. This Royal Decree gives the office responsibility for supervising the switching of supplier in accordance with principles of transparency, objectivity and independence. The CNE is responsible for supervising compliance with the regulations and procedures connected with supply switching, along with the activities of the office itself.

  • Order ITC/1660/2009, establishing the methodology for calculation of the natural gas tariff of last resort (BOE 23/06/2009).
  • Order ITC/1678/2009, acknowledging definitive remuneration for the year 2009 for a number of transmission and regasification facilities included in the gas system remuneration system by means of the Order of 23 December 2008 (BOE 24/06/2009).
  • Ruling of 10 June 2009 correcting errors in that issued on 31/12/2008, publishing the remuneration for regulated activities, connection rights and tariffs for the rental of meters and remote metering equipment in the gas sector (BOE 26/06/2009).

This Order establishes the formula for calculation of the tariff of last resort, including results from the auction procedure, establishing the cost of natural gas, along with indicative international benchmarks for the cost of natural gas supplies.

  • Order ITC/1724/2009, reviewing the tolls and fees associated with third-party access to gas installations from 1 July 2009 (BOE 29/06/2009).
  • Ruling of 29 June 2009, publishing the natural gas tariff of last resort (BOE 30/06/2009).
  • Ruling of 29 September 2009, publishing the natural gas tariff of last resort (BOE 30/09/2009).
  • Ruling of 30 November 2009 approving the Winter Action Plan for operations in the gas system (BOE 03/12/09).
  • Order ITC/3277/2009, establishing provisional remuneration for the year 2009 corresponding to distribution activities in certain boroughs of the Autonomous Region of Madrid (BOE 04/12/09).
  • Order ITC/3510/2009, approving the CORE oil product quotas (also for natural gas) corresponding to the year 2010 (BOE 30/12/09).
  • Royal Decree 1901/2009, assigning certain companies as last resort suppliers of natural gas (BOE 30/12/09).
  • Order ITC/3520/2009, reviewing the tolls  and fees associated with third-party access to gas installations for the year 2010 and updating certain aspects regarding remuneration for regulated gas sector activities (BOE 31/12/09).
  • Ruling of 28 December 2009, publishing the natural gas tariff of last resort  (BOE 31/12/09).

Final mention should be made of the fact that the BOE has continued to publish Resolutions corresponding to the maximum sale prices of piped LPG, which enter into force on the third Tuesday of each month of the year.

Likewise within the field of LPG, mention should be made of Order ITC/776/2009, updating the system for automatic definition of the maximum sale prices for bottled LPG (BOE 31/03/2009), along with Order ITC/2606/2009 (BOE 30/09/2009), for the same purpose. In this regard it should meanwhile be pointed out that the purpose of the Order is to moderate the influence of volatility in the price of oil and transport costs on the price of sale.

Annual Report 2.009: Sedigas - The Spanish Gas Association