Gas in Spain > Relevant legislative issues
Relevant legislative issues
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.
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Annual Report 2.007: Sedigas - The Spanish Gas Association