June 2015
Resolution of June 10, 2015, of the General Directorate of Energy Policy and Mines, approving a model for prior communication and specific responsible declaration related to the development of marketing activity in the electrical systems of non-peninsular territories.
Article 46.1 of Law 24/2013, of December 26, on the Electricity Sector, provides that it will be the obligation of marketing companies, among others, to communicate to the competent Administration and, in any case, to the Ministry of Industry, Energy and Tourism the beginning of the activity and the cessation of it, accompanied by a responsible declaration on compliance with the requirements established by regulation for the exercise of the same. For its part, article 73 of Royal Decree 1955/2000, of December 1, which regulates the activities of transportation, distribution, marketing, supply and authorization procedures for electrical energy installations (hereinafter, “RD 1955/2000“), points out that the necessary requirements to carry out the marketing activity are the accreditation of legal, technical and economic capacity.
A model of prior communication and responsible declaration for the development of marketing activity was introduced in Royal Decree 1955/2000 by Royal Decree 198/2010, of February 26, which adapts certain provisions related to the electricity sector to the provisions of Law 25/2009, modifying various laws for their adaptation to the law on free access to service activities and their exercise. However, the aforementioned model of prior communication and responsible declaration does not respond to the characteristics of the development of the marketing activity in the isolated electrical systems of non-peninsular territories, which are linked to the participation of the marketer as an agent in the economic dispatch.
For this reason, the Resolution of June 10, 2015, of the General Directorate of Energy Policy and Mines, is approved, which approves, and is attached as an annex, the model of prior communication and specific responsible declaration related to the development of the marketing activity in the electrical systems of non-peninsular territories (hereinafter, the “Resolution of June 10, 2015“). The Resolution of June 10, 2015 was published on June 29, 2015 in the Official State Gazette (BOE).
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