New Regulation Affecting Solar Thermoelectric and Wind Power Installations in Spain
January 20, 2011 By Mariscal & Associates
On December 9th, 2010 came into force the new Royal Decree (RD 1614/2010) which governs and modifies certain aspects of electricity generation activities in Spain which use solar thermoelectric and wind power technologies; this law's aim is to contribute to the economic sustainability of the system.
The new Royal Decree (RD 1614/2010) which governs and modifies certain aspects of electricity generation activities which use solar thermoelectric and wind power technologies dated December 7th and published in the Official State Gazette (BOE) December 8th, 2010, is the response of the Government to try to contribute to the economic sustainability of the system. The new Royal Decree came into force December 9th, 2010.
This new Royal Decree reduces temporary the retribution of certain wind power installations. The reduction will apply to installations under the Royal Decree 661/2007 and those whose power capacity exceeds 50 MW. However, it would not apply to wind power installations under Disposición Transitoria Primera of the Royal Decree 661/2007 dated May 25th, if they decided to remain under the Royal Decree 436/2004 dated March 12th. It would neither apply to installations registered in the RIPRE (Registro de Instalaciones de Producción en Régimen Especial) before May 7th, 2009.
The reduction of the premiums adds up to 35% and it will last until December 31st, 2012. The reduction will start January 1st, 2011. Wind power installations affected by this reduction will recover by January 1st, 2013 the updated value of the premiums established by the Orden ITC/351/2009.
Solar thermoelectric power installations cannot anymore choose between being under a tariff retribution system or under a premium retribution system. These installations are compelled to be under the tariff retribution system during their first 12 months after obtaining the definitive start-up certificate.
These are the main modifications provided by the new Royal Decree. However, we would like to stress that this new Royal Decree is only a temporary measure which modifies certain aspects of the current Royal Decree 661/2007. Meanwhile, the Government will try to pass a new Royal Decree which will substitute the Royal Decree 661/2007 and apply to future installations.
ABOUT THE AUTHOR: Almudena Álvarez Otero
Almudena Álvarez graduated with degrees in Law and Political and Administrative Sciences from the Universidad Autónoma of Madrid. She completed her Law degree at the University of Cologne (Germany), where, in addition, she worked at a lawyer’s office specialized in employment law.
Before joining Mariscal & Asociados, Ms. Álvarez undertook a work placement with a parliamentary group of the Regional Assembly of North Rhine-Westphalia, in Düsseldorf. In 2008, she also worked with an international office in Brussels.
She is specialist in labor law, litigation and renewable energy law. Member of AIJA (Association de Jeunes Avocats) since 2008 and of Jurismus (Eurojuris International).
Languages: Spanish, English, German, French and Dutch
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More information about Mariscal & Associates
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
This new Royal Decree reduces temporary the retribution of certain wind power installations. The reduction will apply to installations under the Royal Decree 661/2007 and those whose power capacity exceeds 50 MW. However, it would not apply to wind power installations under Disposición Transitoria Primera of the Royal Decree 661/2007 dated May 25th, if they decided to remain under the Royal Decree 436/2004 dated March 12th. It would neither apply to installations registered in the RIPRE (Registro de Instalaciones de Producción en Régimen Especial) before May 7th, 2009.
The reduction of the premiums adds up to 35% and it will last until December 31st, 2012. The reduction will start January 1st, 2011. Wind power installations affected by this reduction will recover by January 1st, 2013 the updated value of the premiums established by the Orden ITC/351/2009.
Solar thermoelectric power installations cannot anymore choose between being under a tariff retribution system or under a premium retribution system. These installations are compelled to be under the tariff retribution system during their first 12 months after obtaining the definitive start-up certificate.
These are the main modifications provided by the new Royal Decree. However, we would like to stress that this new Royal Decree is only a temporary measure which modifies certain aspects of the current Royal Decree 661/2007. Meanwhile, the Government will try to pass a new Royal Decree which will substitute the Royal Decree 661/2007 and apply to future installations.
ABOUT THE AUTHOR: Almudena Álvarez Otero
Almudena Álvarez graduated with degrees in Law and Political and Administrative Sciences from the Universidad Autónoma of Madrid. She completed her Law degree at the University of Cologne (Germany), where, in addition, she worked at a lawyer’s office specialized in employment law.
Before joining Mariscal & Asociados, Ms. Álvarez undertook a work placement with a parliamentary group of the Regional Assembly of North Rhine-Westphalia, in Düsseldorf. In 2008, she also worked with an international office in Brussels.
She is specialist in labor law, litigation and renewable energy law. Member of AIJA (Association de Jeunes Avocats) since 2008 and of Jurismus (Eurojuris International).
Languages: Spanish, English, German, French and Dutch
Copyright Mariscal & Associates
More information about Mariscal & Associates
View all articles published by Mariscal & Associates
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
