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Government publishes Royal Decree regulating the generation of electricity using renewable energy sources, cogeneration and waste

06/10/2014
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Royal Decree 413/2014, of June 6, regulating the generation of electricity using renewable energy sources, cogeneration and waste (“RD 413/2014”) was published in the Official State Gazette on June 10, 2014 and entered into force on June 11, 2014.

RD 413/2014 seeks to regulate the new legal and economic regime for facilities using renewable energy sources, cogeneration and waste, thus replacing the repealed Royal Decrees 661/2007 and 1578/2008. However, certain provisions of the above pieces of legislation remain in effect transitionally until the ministerial order that sets the specific remuneration parameters for these facilities is approved.

Notable among the changes introduced by RD 413/2014 is the new methodology for determining the economic regime applicable to facilities using renewable energy sources, cogeneration and waste, both for existing facilities and for new facilities that may be developed in the future (known as the “specific remuneration regime”). For the latter, this will be an exceptional economic regime and subject to a competitive procedure.

In addition to changing the remuneration regime for the facilities that fall within its scope of application, RD 413/2014 revamps the administrative procedures related to those facilities. In particular, it sets out the procedures governing the administrative register of electricity generation facilities, as well as those governing the specific remuneration regime register, a prerequisite to be able to receive that remuneration.

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