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Royal Decree 244/2019, of 5 April, which regulates the administrative, technical and economic conditions for the self-consumption of electricity.
I
Law 24/2013, of 26 December, on the Electricity Sector, in the original diction of article 9, defined self-consumption as the consumption of electrical energy from generation facilities connected within a consumer's network or through a direct electrical energy line associated with a consumer and distinguished several types of self-consumption.
On 10 October 2015, Royal Decree 900/2015, of 9 October, regulating the administrative, technical and economic conditions for the supply of electricity with self-consumption and production with self-consumption, was published in the Official State Gazette on 10 October 2015. This regulation included, among other things, the technical requirements to be met by the facilities intended for self-consumption of electricity to ensure compliance with the safety criteria of the facilities, as well as the economic framework applicable to this activity.
Subsequently, Royal Decree-Law 15/2018, of 5 October, on urgent measures for energy transition and consumer protection, has made a profound modification to the regulation of self-consumption in Spain so that consumers, producers and society as a whole can benefit from the advantages that this activity can bring, in terms of lower grid requirements, greater energy independence and lower greenhouse gas emissions.
With the aim of encouraging self-consumption with renewable distributed generation, this Royal Decree-Law establishes that self-consumed energy from renewable sources, cogeneration or waste will be exempt from all types of charges and tolls.
The incorporation into the legal system of the measures to promote self-consumption contained in the aforementioned royal decree-law has been carried out mainly through the reform of article 9 of Law 24/2013, of 26 December, in which the following amendments have been introduced:
- A new definition of self-consumption is made, including that it will be understood as the consumption by one or several consumers of electrical energy from generation facilities close to the consumption facilities and associated with the same.
- A new definition is made of the types of self-consumption, reducing them to only two: "self-consumption without surplus", which at no time can discharge energy to the grid, and "self-consumption with surplus", in which it is possible to discharge energy to the distribution and transmission grids.
- Self-consumption facilities without surpluses, for which the associated consumer already has an access and connection permit for consumption, are exempted from the need to obtain access and connection permits for generation facilities.

- The regulation enables the development of compensation mechanisms between the deficit and the surplus of consumers who are self-consumers with surpluses for installations of up to 100 kW.

- With regard to the register, it is decided to have a self-consumption register, but in a very simplified form. This state-wide register will have statistical purposes in order to be able to evaluate whether the desired implementation is being achieved, to analyse the impacts on the system and to be able to calculate the effects of renewable generation in integrated energy and climate plans. This register will be fed with information received from the autonomous communities and the cities of Ceuta and Melilla.

The aforementioned Royal Decree-Law 15/2018, of 5 October, also incorporates the repeal of several articles of the aforementioned Royal Decree 900/2015, of 9 October, as they are considered obstacles to the expansion of self-consumption, including those relating to metering configurations, limitations on the maximum installed generation power up to the contracted power or those relating to the payment of charges for self-consumed energy.

The Royal Decree-Law itself includes the need to approve a regulation governing various aspects, including simplified metering configurations, the administrative and technical conditions for the connection to the grid of production facilities associated with self-consumption, the mechanisms for compensation between deficits and surpluses for consumers who use self-consumption with surpluses for facilities of up to 100 kW and the organisation of the administrative registry. This Royal Decree implements the aforementioned regulatory development in order to comply with the obligations imposed by Royal Decree-Law 15/2018, of 5 October.

The text of the royal decree also includes amendments to royal decrees that have an impact on self-consumption. The second final provision introduces amendments to ITC-BT-40 of the Low Voltage Electrotechnical Regulation, which regulates the requirements for anti-spill mechanisms and various safety requirements for low-voltage generating installations. The first final provision amends Royal Decree 1110/2007, of 24 August, which approves the unified regulation of electricity system metering points, including the possibility of integrating equipment located at low voltage at type 3 and 4 borders into remote management and remote measurement systems. Another of the regulations amended to promote self-consumption by means of the fourth final provision is Royal Decree 1699/2011, of 18 November, which regulates the connection to the grid of small-scale electricity production facilities, in order to allow single-phase generation facilities of up to 15 kW to be connected to the grid.

This Royal Decree also transposes into Spanish law part of the content of article 21 of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources.

Since the entry into force of Royal Decree-Law 15/2018, of 5 October, there has been a legal vacuum regarding the destination of the amounts collected for the reactive energy billing term. This Royal Decree-Law amended Royal Decree 1164/2001, of 26 October, establishing tariffs for access to the electricity transmission and distribution networks, returning to its original wording whereby the invoices obtained for this term would not be subject to the settlement process, remaining in the hands of the distribution companies, which would have to allocate these amounts to carry out the necessary actions to meet the voltage control requirements set out in an Action Plan.

This diction is contrary to Royal Decree 1048/2013, of 27 December, which establishes the methodology for the calculation of the remuneration of the electricity distribution activity, which establishes that the investments necessary for the exercise of this activity will be remunerated by the system. To this end, companies must submit an annual investment plan in accordance with article 40 of Law 24/2013, of 26 December, which does not contemplate in any case carrying out a specific action plan for voltage control.

As a result of the foregoing, a situation of confusion has been created and, therefore, the first final provision of this regulation amends article 9.3 of Royal Decree 1164/2001, of 26 October, to avoid double remuneration to distribution companies for investments aimed at meeting the voltage control requirements demanded of distribution companies with respect to the transmission grid and which, at present, are already remunerated by the system based on the methodology established in Royal Decree 1048/2013, of 27 December, referred to above.


II


The development of self-consumption promoted by the regulation will have a positive effect on the general economy, on the electricity and energy system and on consumers.

In terms of the general economic impact, this form of generation associated with consumption will promote economic activity and local employment, due to its distributed nature. Furthermore, the self-consumption that it is intended to favour with greater intensity is renewable, so its development will contribute to the substitution of emitting and polluting generation, which is why this regulation will contribute to meeting the objectives of penetration of renewable energies and reduction of greenhouse gas emissions.

In terms of the benefits for the energy system, self-consumption is an effective tool for the electrification of the economy, which represents a sine qua non condition for the transition to a carbon economy in the most efficient way possible, as can be seen in the target scenario proposed in the National Integrated Energy and Climate Plan 2021-2030.

From the perspective of end-consumers, self-consumption can be a more advantageous economic alternative to traditional exclusive supply from the grid. Furthermore, the regulation encourages local self-consumption and, in short, a more active role for end consumers in their energy supply, which is a demand of today's society.
In terms of the impact on the electricity system, the development of self-consumption of electricity will have various direct economic effects, the net balance of which is positive.

With regard to the income and costs of the electricity system, the implementation of self-consumption implies a lower consumption of electricity from the transmission and distribution grids, which may lead to a slight decrease in income from tolls and charges in the system compared to a scenario in which there is no self-consumption. However, this reduction in revenue will be offset by the increase in revenue derived from the electrification of the economy as set out in the Integrated National Energy and Climate Plan.

Additionally, from the point of view of the end consumer, the implementation of new generation from self-consumption will produce a reduction in the price of energy compared to a scenario in which self-consumption is not implemented. This is due to the fact that there is an increase in the energy offered from the surpluses sold, and a decrease in the demand that is supplied by the self-consumed energy itself. To this must be added the benefits derived from the lower technical losses due to the circulation of energy in the transmission and distribution networks and the lower marginal costs for new network infrastructures.

In any case, in order to be able to monitor the implementation of self-consumption and its potential effects on the sustainability of the electricity system, a mandate is established for the National Commission for Markets and Competition to draw up and submit an annual report to the Ministry for Ecological Transition, which must inform the Government's Delegate Commission for Economic Affairs of the conclusions of said report and the measures, if any, that it plans to apply in response to it.


III


With regard to the urgency of the procedure, Royal Decree-Law 15/2018, of 5 October, in its fourth final provision on authorisation for regulatory development, states that "In particular, the Government shall issue, within a maximum period of three months from the entry into force of this Royal Decree-Law, as many regulatory provisions as may be necessary for the development and execution of the provisions of Article 18", the latter article containing the content relating to self-consumption.

Article 27 of the Government Act 50/1997, of 27 November, on the urgent processing of regulatory initiatives within the scope of the General State Administration, establishes that "The Council of Ministers, at the proposal of the head of the department to which the regulatory initiative corresponds, may agree to the urgent processing of the procedure for the drafting and approval of preliminary draft laws, legislative royal decrees and royal decrees, in any of the following cases: ...a) When it is necessary for the regulation to enter into force within the period required for the transposition of Community directives or that established in other laws or rules of European Union law...".

As a result of the above, on 7 December 2018, the Council of Ministers approved the Council of Ministers Agreement authorising the urgent processing of the Royal Decree regulating the administrative and technical conditions for self-consumption.

This regulation has been drafted taking into account the principles that make up good regulation, referred to in article 129.1 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations. In particular, the principles of necessity and effectiveness are complied with, as it is considered that the approval of this Royal Decree is the ideal instrument to achieve the objectives pursued and to comply with the mandates derived from Royal Decree-Law 15/2018, of 5 October.

In accordance with article 26.6 of the aforementioned Law 50/1997, of 27 November, this Royal Decree has been submitted to public information and a hearing process through its publication on the web portal of the Ministry for Ecological Transition. Additionally, the hearing process has also been carried out through consultation with the representatives of the Electricity Advisory Council of the National Commission for Markets and Competition, in accordance with the provisions of the tenth transitory provision of Law 3/2013, of 4 June, on the creation of the National Commission for Markets and Competition.

In accordance with the provisions of article 5.2 a) of Law 3/2013, of 4 June, the provisions of this Royal Decree have been informed by the National Commission for Markets and Competition in its report entitled "Agreement issuing a report on the proposed Royal Decree regulating the administrative, technical and economic conditions for self-consumption", approved by the regulatory supervision chamber at its meeting of 21 February 2019 (IPN/CNMC/005/19).

By virtue thereof, at the proposal of the Minister for Ecological Transition, with the prior approval of the Minister for Territorial Policy and Public Function, in agreement with the Council of State and following deliberation by the Council of Ministers at its meeting of 5 April 2019,

I HEREBY DECREE:


CHAPTER I
General provisions
Article 1. Purpose.
The purpose of this Royal Decree is to establish:

1. The administrative, technical and economic conditions for the modalities of self-consumption of electrical energy defined in Article 9 of Law 24/2013, of 26 December, on the Electricity Sector.

2. The definition of the concept of nearby facilities for the purposes of self-consumption.

3. The development of individual and collective self-consumption.

4. The simplified compensation mechanism between deficits of self-consumers and surpluses of their associated production facilities.

5. The organisation, as well as the procedure for registration and communication of data to the administrative register of self-consumption of electrical energy.

Article 2. Scope of application.
1. The provisions of this Royal Decree are applicable to the installations and subjects covered by any of the modalities of self-consumption of electrical energy defined in Article 9 of Law 24/2013, of 26 December, which are connected to the transmission or distribution networks.

2. Isolated installations and generation groups used exclusively in the event of an interruption of the electricity supply from the electricity grid in accordance with the definitions of article 100 of Royal Decree 1955/2000, of 1 December, which regulates the activities of transmission, distribution, commercialisation, supply and authorisation procedures for electricity installations, are exempt from the application of this Royal Decree.


CHAPTER II
Classification and definitions
Article 3. Definitions.
For the purposes of the regulation on self-consumption contained in this Royal Decree, the following definitions shall apply:

a) Associated consumer: Consumer at a supply point that has associated installations close to the internal grid or installations close to it via the grid.

b) Generation installation: Installation responsible for the production of electrical energy from a primary energy source.

c) Production facility: A generation facility registered in the administrative register of electricity production facilities of the Ministry for Ecological Transition, where the conditions of said facility, especially its respective power, will be reflected.

Additionally, those generation facilities that, in accordance with the provisions of article 9.3 of Law 24/2013, of 26 December, even if they are not registered in the production register, comply with the following requirements, shall also be considered production facilities:

i. Have a capacity not exceeding 100 kW.

ii. They are associated with self-consumption supply modalities.

iii. Are able to inject surplus energy into the transmission and distribution networks.

d) Isolated installation: An installation in which there is no physical electrical connection capacity with the transmission or distribution grid at any time, either directly or indirectly through its own or another's installation. Installations disconnected from the grid by means of switching devices or equivalent shall not be considered isolated for the purposes of the application of this Royal Decree.

e) Installation connected to the grid: That generation installation connected within a consumer's grid, which shares grid connection infrastructures with a consumer or which is connected to this through a direct line and which has or may have, at some time, an electrical connection with the transmission or distribution grid. A grid-connected generation facility shall also be considered a grid-connected generation facility if it is directly connected to the transmission or distribution networks.

Installations disconnected from the grid by means of circuit breakers or equivalent devices shall be considered grid-connected installations for the purposes of the application of this Royal Decree.

In the case of generation installations connected to the internal grid of a consumer, both installations shall be considered to be connected to the grid when either the receiving installation or the generation installation is connected to the grid.

f) Direct line: A line intended for the direct connection of a generation facility to a consumer and which complies with the requirements set out in the regulations in force.

g) Production installation close to the consumption installations and associated to them: Production or generation installation intended to generate electrical energy to supply one or more consumers under any of the self-consumption modalities in which any of the following conditions are met:

i. They are connected to the internal network of the associated consumers or are linked to them via direct lines.

ii. They are connected to any of the low voltage networks derived from the same transformer substation.

iii. Both generation and consumption are connected at low voltage and at a distance of less than 500 metres from each other. For this purpose, the distance between the metering equipment in its orthogonal projection on the ground plan shall be taken.

iv. Both generation and consumption are located in the same cadastral reference according to their first 14 digits or, where appropriate, according to the provisions of the twentieth additional provision of Royal Decree 413/2014, of 6 June, which regulates the activity of electricity production from renewable energy sources, cogeneration and waste.

Those nearby and associated facilities that meet condition i of this definition shall be called nearby internal grid facilities. Those close and associated installations fulfilling conditions ii, iii or iv of this definition shall be referred to as close-to-grid installations.

h) Installed capacity: With the exception of photovoltaic installations, it shall be as defined in Article 3 and in the eleventh additional provision of Royal Decree 413/2014, of 6 June.

In the case of photovoltaic installations, the installed power shall be the maximum power of the inverter or, where appropriate, the sum of the maximum power of the inverters.

i) Internal network: Electrical installation made up of the conductors, switchgear and equipment necessary to provide service to a receiving installation that does not belong to the distribution or transmission network.

j) Ancillary production services: Those defined in Article 3 of the Unified Regulation of electricity system metering points, approved by Royal Decree 1110/2007, of 24 August, which approves the Unified Regulation of electricity system metering points.

Production ancillary services will be considered negligible, and therefore will not require a particular supply contract for the consumption of production ancillary services, when the following conditions are met:

i. i. They are installations close to the internal network.

ii. They are generation facilities with renewable technology intended to supply one or more consumers covered by any of the self-consumption modalities and their installed power is less than 100 kW.

iii. On an annual basis, the energy consumed by these ancillary production services is less than 1 % of the net energy generated by the installation.

k) Anti-discharge mechanism: A device or set of devices that prevents the discharge of electrical energy into the grid at all times. These devices must comply with the applicable industrial quality and safety regulations and, in particular, in the case of low voltage, with the provisions of ITC-BT-40.

l) Self-consumption: In accordance with the provisions of Article 9.1 of Law 24/2013, of 26 December, self-consumption shall be understood as the consumption by one or several consumers of electrical energy from production facilities close to those of consumption and associated with them.

m) Collective self-consumption: A consumer is said to participate in collective self-consumption when he/she belongs to a group of several consumers who feed themselves, in an agreed manner, with electrical energy from production facilities close to the consumption facilities and associated with them.

Collective self-consumption may belong to any of the modalities of self-consumption defined in article 4 when this is carried out between installations close to the internal network.

Likewise, collective self-consumption may belong to any of the modalities of self-consumption with surplus defined in Article 4 when this is carried out between nearby installations through the grid.

n) Self-consumed hourly energy in the cases of individual self-consumption through nearby facilities of the internal grid, will be the net hourly consumption of electrical energy of a consumer from production facilities close to the consumption facility and associated with the same.

This energy shall correspond to the net hourly energy generated, except in cases where the net hourly energy generated is greater than the hourly energy consumed, which shall be calculated as the difference between the net hourly energy generated and the surplus hourly energy. In any case, it shall be considered zero when the value of this difference is negative.

o) Hourly energy consumed by ancillary production services: Net hourly balance of electrical energy consumed by ancillary production services.

The net generation metering equipment shall be used to calculate it. In any case, it shall be considered zero when the value is negative.

p) Hourly energy consumed from the grid: In non-collective self-consumption or from nearby facilities through the grid, this is the net hourly balance of electrical energy received from the transmission or distribution grid not originating from nearby generation facilities associated with the supply point.

In order to calculate it, in the case of a single consumer with a generation facility connected to its internal network, the corresponding metering equipment at the border point shall be used.

If there is no metering equipment at the border point, this energy shall be calculated as the difference between the hourly energy consumed by the associated consumer and the hourly energy self-consumed by the associated consumer. In any case, it shall be considered zero when the value is negative.

q) Surplus hourly energy: In non-collective self-consumption or from nearby installations through the grid, net hourly electrical energy generated by the production installations close to the consumption installations and associated to them and not self-consumed by the associated consumers.

To calculate it, the outgoing energy register of the metering equipment located at the corresponding border point shall be used. If there is no metering equipment at the border point, this energy will be calculated as the difference between the net hourly energy generated and the hourly energy self-consumed by the associated consumer. In any case, it shall be considered zero when the value is negative.

r) Hourly energy consumed by the associated consumer: In non-collective self-consumption, or from a nearby installation through the grid, this is the total net hourly energy consumed by the consumer associated with a generation installation.

To calculate it, the register of the metering equipment of the associated consumer shall be used. In the absence of such metering equipment, this value shall be calculated as the sum of the hourly energy self-consumed and the hourly energy consumed from the grid, minus the hourly energy consumed by the corresponding auxiliary production services. In any case, it shall be considered zero when the value resulting from this calculation is negative.

s) Net hourly energy generated: In non-collective self-consumption or near-installation self-consumption through the grid, this is the gross energy generated minus the energy consumed by the auxiliary production services in an hourly period.

To calculate it, the net generation measuring equipment shall be used. In any case, it shall be considered zero when the value is negative.

t) Individualised self-consumed hourly energy: Net hourly self-consumption carried out by a consumer who carries out collective self-consumption or a consumer associated to a nearby installation through the grid.

This energy shall be calculated in accordance with the provisions of Annex I. In any case, it shall be considered zero when the value is negative.

u) Individualised hourly energy consumed: Total net hourly energy consumed by each of the consumers who carry out collective self-consumption or consumers associated to a nearby installation through the grid. The metering equipment at the border point shall be used to calculate it. In any case, it shall be considered zero when the value is negative.

v) Hourly energy consumed from the individualised network: Net hourly balance of electrical energy received from the transmission or distribution network of a consumer not originating from generation installations close to and associated with the supply point, and which participates in a collective self-consumption installation. This definition shall be applicable to a nearby installation through the grid, even if there is only one associated consumer.

This energy shall be calculated as the difference between the individualised hourly energy consumed by each consumer and the individualised self-consumed hourly energy, when the latter is greater than zero. In any case, it will be considered zero when the value is negative.

w) Individualised surplus hourly energy: Net hourly balance of the surplus hourly energy corresponding to a consumer who participates in a collective self-consumption installation or consumer associated with an installation close to the grid.

This energy shall be calculated as the difference between the individualised net hourly energy generated and the individualised hourly energy consumed by each consumer. In any case it shall be considered zero when the value is negative.

x) Individualised net hourly energy generated: This shall be the gross energy generated minus that consumed by the auxiliary production services in an hourly period corresponding to a consumer under the collective self-consumption modality or to a consumer associated with a nearby installation through the grid.

This energy shall be calculated in accordance with the provisions of Annex I. In any case, it shall be considered zero when the value is negative.

y) Surplus hourly energy from generation: This is the net surplus hourly energy surplus discharged from each of the generation facilities participating in collective self-consumption or nearby installation through the grid.

This energy shall be calculated in accordance with the provisions of Annex I. In any case, it shall be considered zero when the value is negative.

z) Power to be billed to the consumer: This shall be the power contracted or, where appropriate, demanded by the consumer subject, which would be billed for the purposes of applying the access tolls in a tariff period at the border point with the transmission or distribution networks, in accordance with the provisions of Royal Decree 1164/2001, of 26 October, which establishes tariffs for access to the electricity transmission and distribution networks.

aa) Power to be billed for auxiliary production services: This shall be the power contracted or, where appropriate, demanded by the associated producer for its auxiliary production services, which would be billed for the purposes of applying the access tolls in a tariff period at the border point with the transmission or distribution networks, in accordance with the provisions of Royal Decree 1164/2001, of 26 October.

bb) Power required by consumption: This shall be the power required by the consumption installations in a tariff period. In the case of non-collective self-consumption from the internal grid, it is calculated as the sum of the power to be billed to the consumer that would be billed for the purposes of applying the access tolls in a tariff period if the power control were carried out using the metering equipment located at the border point that records the hourly energy consumed from the grid, plus the maximum generation power in the tariff period. In all other cases, it will be the power required at the corresponding border point.

Article 4. Classification of self-consumption modalities.
1. The following classification of self-consumption modalities is established:

a) Modality of supply with self-consumption without surplus. This corresponds to the modalities defined in article 9.1.a) of Law 24/2013, of 26 December. In these modalities, an anti-spill mechanism must be installed to prevent the injection of surplus energy into the transmission or distribution grid. In this case, there will be only one type of subject of those provided for in article 6 of Law 24/2013, of 26 December, which will be the consumer subject.

b) Self-consumption supply modality with surplus. This corresponds to the modalities defined in article 9.1.b) of Law 24/2013, of 26 December. In these modalities, production facilities close to and associated with consumption facilities may, in addition to supplying energy for self-consumption, inject surplus energy into the transmission and distribution grids. In these cases, there will be two types of subjects of those provided for in article 6 of Law 24/2013, of 26 December, which will be the consumer and the producer.

2. The supply modality with self-consumption with surpluses is divided into:

a) Surplus supply modality with compensation: This modality will include those cases of self-consumption supply with surplus in which the consumer and the producer voluntarily opt to take advantage of a surplus compensation mechanism. This option will only be possible in those cases in which all the following conditions are met:

i. The primary energy source is of renewable origin.

ii. The total capacity of the associated production facilities does not exceed 100 kW.

iii. If it is necessary to enter into a supply contract for auxiliary production services, the consumer has signed a single supply contract for the associated consumption and for auxiliary production consumption with a marketing company, in accordance with the provisions of Article 9.2 of this Royal Decree.

iv. The consumer and associated producer have signed a self-consumption surplus compensation contract as defined in article 14 of this Royal Decree.

v. The production facility has not been granted an additional or specific remuneration system.

b) Modality with surpluses not covered by compensation: All those cases of self-consumption with surpluses that do not meet any of the requirements to belong to the modality with surpluses covered by compensation or that voluntarily opt not to be covered by this modality will belong to this modality.

3. In addition to the aforementioned types of self-consumption, self-consumption may be classified as individual or collective depending on whether it is one or several consumers who are associated with the generation facilities.

In the case of collective self-consumption, all participating consumers that are associated to the same generation installation must belong to the same self-consumption modality and must communicate individually to the distribution company as the person in charge of reading, directly or through the marketing company, the same agreement signed by all participants that includes the distribution criteria, by virtue of what is included in Annex I.

4. A consumer's supply point or installation shall comply with the requirements established in the applicable regulations.

5. The parties covered by any of the regulated self-consumption modalities may apply for any other different modality, adapting their installations and adjusting to the provisions of the legal, technical and economic regimes regulated in this Royal Decree and in the rest of the applicable regulations.

Notwithstanding the foregoing:

i. In the case of collective self-consumption, this change shall be carried out simultaneously by all the consumers participating in the same, associated to the same generation installation.

ii. Under no circumstances may a consumer be simultaneously associated with more than one of the self-consumption modalities regulated in this article.

iii. In those cases in which self-consumption is carried out by means of nearby installations and associated through the grid, the self-consumption shall belong to the self-consumption with surplus supply modality.

6. For those subjects that participate in some form of collective self-consumption or consumer associated to a nearby installation through the grid, the references made in this royal decree to hourly energy consumed from the grid will be understood to be made to hourly energy consumed from the individualised grid, the references made to self-consumed hourly energy will be understood to be made to individualised self-consumed hourly energy, references made to hourly energy consumed by the associated consumer shall be understood as being made to individualised hourly energy consumed, references made to net generated hourly energy shall be understood as being made to individualised net generated hourly energy and references made to surplus hourly energy shall be understood as being made to individualised surplus hourly energy.


CHAPTER III
Legal regime of the modalities of self-consumption
Article 5. General requirements for a form of self-consumption.
1. The associated generation facilities and supply points shall comply with the technical, operating and information exchange requirements contained in the electricity sector regulations and in the applicable national and European industrial quality and safety regulations.

The distribution company or, where appropriate, the transmission company, shall not have any legal obligation regarding grid connection facilities that are not owned by it.

2. In any type of self-consumption, regardless of the ownership of the consumption and generation facilities, the consumer and the owner of the generation facility may be different natural or legal persons.

3. In the case of self-consumption without surplus, the owner of the supply point shall be the consumer, who shall also be the owner of the generation facilities connected to his grid. In the case of collective self-consumption without surplus, the ownership of said generation facility and of the anti-surplus mechanism shall be shared jointly and severally by all the consumers associated with said generation facility.

In these cases, without prejudice to the agreements signed between the parties, the consumer or, where applicable, the consumers, shall be responsible for non-compliance with the precepts set out in this Royal Decree, accepting the consequences that disconnection of the aforementioned point, in application of the regulations in force, may entail for any of the parties. In the case of self-consumption without collective surplus, the consumers associated with the generation installation shall be jointly and severally liable to the electricity system for said generation installation.

4. In the modalities of supply with self-consumption with surplus, when the production facilities close to and associated with consumption share infrastructures for connection to the transmission or distribution grid or are connected to the internal grid of a consumer, consumers and producers shall be jointly and severally liable for non-compliance with the precepts included in this Royal Decree, accepting the consequences that the disconnection of the aforementioned point, in application of the regulations in force, could entail for any of the parties, including the impossibility for the producer to sell energy and receive the remuneration that would have corresponded to him or the impossibility for the consumer to purchase energy. The access contract that the consumer and, where appropriate, the producer, either directly or through the marketing company, sign with the distribution company, shall include the provisions of this section.

5. In the supply modalities with self-consumption with surpluses, the owners of production facilities close to the consumption facilities and associated to them exclusively for the consumption of their auxiliary production services shall be considered consumers.

6. When, due to non-compliance with technical requirements, there are dangerous installations or when the metering equipment or the anti-spill mechanism has been tampered with, the distribution company or, where appropriate, the transmission company, may proceed to interrupt the supply, in accordance with the provisions of article 87 of Royal Decree 1955/2000, of 1 December.

7. Storage elements may be installed in the self-consumption facilities regulated in this Royal Decree, when they have the protections established in the applicable industrial safety and quality regulations.

The storage elements shall be installed in such a way that they share metering equipment that registers net generation, metering equipment at the border point or metering equipment of the associated consumer.

Article 6. Quality of service.
1. In relation to the incidents caused in the transmission or distribution grid by the installations covered by any of the self-consumption modalities defined in this Royal Decree, the provisions of Law 24/2013, of 26 December, and its implementing regulations shall apply, and in particular those contained in Royal Decree 1699/2011, of 18 November, which regulates the connection to the grid of small power electricity production facilities, for facilities included in its scope of application and in Royal Decree 1955/2000, of 1 December.

2. The distribution company or, where appropriate, the transmission company, shall have no legal obligation regarding the quality of service due to incidents arising from faults in the connection installations shared by the producer and the consumer.

3. The access contract that the consumer, either directly or through the marketing company, enters into with the distribution company or, where appropriate, the transmission company, shall expressly include the provisions of paragraph 1.

Article 7. Access and connection to the grid in self-consumption modalities.
1. In relation to the access and connection permits, in order to take advantage of any of the self-consumption modalities, the parties covered by them shall:

a) In relation to the consumption installations, both in the self-consumption modalities without surpluses and in the self-consumption modalities with surpluses, consumers must have access and connection permits for their consumption installations, if applicable.

b) In relation to generation facilities, in accordance with the provisions of the second additional provision of Royal Decree-Law 15/2018, of 5 October, on urgent measures for energy transition and consumer protection:

i. The generation facilities of consumers that use the self-consumption modality without surplus will be exempt from obtaining access and connection permits.

ii. In the self-consumption with surplus, production facilities with power equal to or less than 15 kW that are located on urbanised land that has the facilities and services required by urban planning legislation will be exempt from obtaining access and connection permits.
iii. In the case of self-consumption with surpluses, producers to whom the provisions of section ii. above are not applicable, must have the corresponding access and connection permits for each of the production facilities close to and associated with the consumption facilities of which they are the owners.

2. For the purposes of contracting the supply of electricity, the specific regulations of the electricity sector in this area shall apply.

Article 8. Access contracts in self-consumption modalities.

1. In general, in order to take advantage of any of the self-consumption modalities, or in the event of already having taken advantage of a regulated self-consumption modality, when the installed power of the generation installation is modified, each consumer who has an access contract for their consumption installations must notify this circumstance to the distribution company or, where applicable, the transmission company, directly or through the marketing company. The distribution company or, where applicable, the transmission company, shall have a period of ten days from receipt of this notification to modify the corresponding existing access contract, in accordance with the applicable regulations, to reflect this fact and to send it to the consumer. The consumer shall have ten days from receipt to notify the transmission or distribution company of any disagreement. In the absence of such notification, the conditions set out in the contract shall be deemed to be tacitly accepted.

Without prejudice to the above, for those consumers connected to low voltage, in which the generating installation is low voltage and the installed generation power is less than 100 kW that carry out self-consumption, the modification of the access contract will be carried out by the distribution company on the basis of the documentation sent by the Autonomous Communities and Cities of Ceuta and Melilla to said company as a consequence of the obligations contained in the Low Voltage Electrotechnical Regulations. The Autonomous Communities and Cities of Ceuta and Melilla must send this information to the distribution companies within a period not exceeding ten days of receipt. Said contract modification shall be sent by the distribution company to the corresponding marketing companies and consumers within five days of receipt of the documentation sent by the autonomous community or city. The consumer shall have a period of ten days from receipt to notify the transport or distribution company of any disagreement. Failure to do so shall be deemed tacit acceptance of the conditions set out in the contract.

2. In order to take advantage of any of the self-consumption modalities, consumers who do not have an access contract for their consumption installations must sign an access contract with the distribution company directly or through the marketing company, reflecting this circumstance.

3. In addition, in the case of self-consumption with surpluses not covered by compensation where it is necessary to enter into a supply contract for auxiliary production services, the owner of each production facility close to and associated with the consumption facilities must enter into an access contract with the distribution company for its auxiliary production services directly or through the trading company, or modify the existing one, in accordance with the applicable regulations, to reflect this circumstance.

The date of registration or modification of the access contract of the consumer and, where applicable, of the ancillary production services shall be the same.

4. Notwithstanding the above, parties may enter into a single joint access contract for ancillary production services and associated consumption, if they meet the following requirements:

(a) The production facilities are connected to the consumer's internal network.

b) The consumer and the owners of the production facilities are the same natural or legal person.

5. The time of permanence in the chosen form of self-consumption shall be at least one year from the date of registration or modification of the access contract or contracts concluded in accordance with the provisions of the previous sections, which may be automatically extended.

Article 9. Energy supply contracts in the self-consumption modalities.
1. The consumer under a self-consumption modality and the associated producer, in the self-consumption modality with surpluses for their auxiliary production services, may acquire the energy either as direct consumers in the production market or through a marketing company. In the latter case, the supply contract may be in the free market or in any of the modalities envisaged in Royal Decree 216/2014, of 28 March, which establishes the methodology for calculating voluntary prices for small electricity consumers and their legal contracting regime.

The contracts that, where applicable, they sign with a supply company must expressly reflect the type of self-consumption to which they are subscribed and comply with the minimum conditions established in the applicable regulations, even when no energy is fed into the grids at any time.

Under no circumstances may the reference supply companies reject the contract modifications of those consumers with the right to voluntary prices for small consumers who carry out self-consumption and comply with all the requirements contained in the applicable regulations.

2. Notwithstanding the above, if the requirements set out in article 8.4 are met and a single joint access contract is signed for ancillary production services and associated consumption, the holder of the contract may sign a single supply contract.

3. When a consumer takes advantage of any of the self-consumption modalities regulated in this Royal Decree, the distribution company to which the consumer is connected, once it has received the corresponding documentation from all the participating parties, shall notify the corresponding marketer as of what date the self-consumption modality to which the consumer is taking advantage of becomes effective and, where applicable, the conditions of the agreement on the distribution coefficients and the conditions of the simplified compensation mechanism, unless this has been notified by the marketer itself. For this purpose, the distribution undertaking shall have a period not exceeding 5 working days for such notification.


CHAPTER IV
Energy measurement and management requirements
Article 10. Metering equipment for the installations covered by the different types of self-consumption.
1. Parties covered by any of the self-consumption modalities shall have the metering equipment necessary for the correct billing of the prices, tariffs, charges, access tolls and other costs and services of the system that are applicable to them.

The meter reader shall apply, where applicable, the corresponding loss coefficients established in the regulations.

2. As a general rule, consumers using any type of self-consumption shall have bidirectional metering equipment at the border point or, where appropriate, metering equipment at each of the border points.

3. In addition, generation facilities shall have metering equipment that records net generation in any of the following cases:

i. Collective self-consumption is carried out.

ii. The generation installation is a nearby grid-connected installation.

iii. The generation technology is not renewable, cogeneration or waste.

iv. In self-consumption with surpluses not covered by compensation, if there is not a single supply contract in accordance with the provisions of Article 9.2.

v. Generation facilities with nominal apparent power equal to or greater than 12 MVA.

4. Notwithstanding what is set out in sections 2 and 3, those subjects that subscribe to the individual self-consumption modality with surpluses that are not subject to compensation may use the following metering configuration, as long as it guarantees what is set out in section 1 and allows access to the metering equipment by the person in charge of reading:

a) A bi-directional metering equipment measuring the net hourly energy generated.

b) A metering equipment that records the total energy consumed by the associated consumer.

5. In any of the configurations foreseen in paragraphs 3 and 4 of this article, in those cases where there is more than one generation installation and the owners of these are different natural or legal persons, the requirement for metering equipment that records net generation shall be extended to each of the installations. The above obligation shall be optional in those cases where there is more than one generation facility and the owner thereof is the same natural or legal person.

6. Likewise, on an optional basis, the bi-directional metering equipment that measures the net hourly energy generated may be replaced by equipment that measures gross generation and equipment that measures the consumption of ancillary services.

Article 11. General metering requirements for installations covered by the different types of self-consumption.
1. The metering points of the installations covered by the modalities of self-consumption shall comply with the requirements and conditions established in the Unified Regulation of metering points of the electricity system approved by Royal Decree 1110/2007, of 24 August, and with the regulations in force regarding metering and industrial safety and quality, complying with the necessary requirements to allow and guarantee the correct metering and billing of the energy circulated.

2. The metering equipment shall be installed in the corresponding internal networks, at points as close as possible to the border point that minimise energy losses, and shall have the capacity to measure at least hourly resolution.

Without prejudice to the regulatory provisions regarding additional metering equipment for reasons of remuneration or for the provision of additional services, the parties covered by any of the self-consumption modalities shall have the metering equipment necessary for the correct billing established in Article 10.

3. Those in charge of reading each border point shall be those established in the Unified Regulation of metering points of the electricity system approved by Royal Decree 1110/2007, of 24 August.

For consumers that use self-consumption without surpluses and self-consumption with surpluses with compensation, the person in charge of reading all the metering equipment will be the distributor, as the person in charge of reading the consumers' border points.

In any case, the person in charge of reading is obliged to read the energy measurements that correspond to them, and, where appropriate, control the power and reactive energy surpluses, as well as the net hourly balances and make them available to the participants in the measurement in accordance with the regulations in force.

However, in order to carry out his functions, the person in charge of reading may have access to all the metering data of the equipment necessary to carry out the net hourly balances.

In cases where there is no firm measurement at a metering point, the provisions of article 31 of the unified regulation of metering points of the electricity system approved by Royal Decree 1110/2007, of 24 August, shall apply.

The reading manager must send the information broken down in accordance with the definitions set out in article 3 of this Royal Decree for the correct invoicing to the supply companies of consumers under any type of self-consumption and the corresponding energy settlements in the markets. In particular, it must send the information in sufficient detail to be able to apply, where appropriate, the surplus compensation mechanism provided for in Article 14.

Article 12. Particular metering requirements for the installations covered by the different self-consumption modalities.
1. The metering equipment shall have the precision and communication requirements that correspond to them according to the contracted power of the consumer, the nominal apparent power of the associated generation installation and the limits of exchanged energy, in accordance with article 7 of the Unified Regulation of metering points approved by Royal Decree 1110/2007, of 24 August.

2. Additionally:

i. In the case of type 5 metering points, they must be integrated into the remote management and remote metering systems of their meter-reader.

ii. In the case of type 4 metering points, the metering equipment shall comply with the requirements established in the unified regulation of metering points of the electricity system approved by Royal Decree 1110/2007, of 24 August, and the implementing regulations for type 4 and 5 metering points, whichever is more demanding in each case.

iii. In the case of type 3 metering points, they must have remote communication devices with similar characteristics to those established for type 3 generation metering points.

3. When the metering configuration requires more than one metering equipment, the metering, settlement and billing obligations established in the Unified Regulation of metering points of the electricity system approved by Royal Decree 1110/2007, of 24 August, and other applicable regulations, shall be the same for all the metering equipment and corresponding to the most demanding type of all of them.


CHAPTER V
Management of the electrical energy produced and consumed
Article 13. Economic regime for surplus and consumed energy.
1. The power purchased by the associated consumer shall be the hourly power consumed from the grid in the following cases:

i. i. Consumers who use the self-consumption modality without surpluses.

ii. Consumers under the self-consumption modality with surpluses that are eligible for compensation.

iii. Consumers under the self-consumption mode with surplus not subject to compensation who have a single supply contract in accordance with the provisions of article 9.2.

2. The associated consumer in the self-consumption with surplus mode who is not in the cases listed in sections 1.ii and 1.iii of this article shall purchase the energy corresponding to the hourly energy consumed from the grid not destined for consumption by the ancillary production services.

3. The subject that is covered by any type of self-consumption shall be subject to the access tolls to the transmission and distribution grids and electricity system charges as established in Chapter VI of this Royal Decree.

4. Producers that use self-consumption with surpluses that are not subject to compensation will receive the corresponding financial consideration for the surplus hourly power distributed, in accordance with the regulations in force. In the case of installations with a specific remuneration system that are covered by the self-consumption with surplus not subject to compensation, this shall be applied, where applicable, to the surplus hourly energy discharged.

5. The power factor shall be regulated, in general, at the border point, using the metering equipment located at the border point that records the hourly energy consumed from the grid and, where appropriate, the net generation metering equipment.

6. However, in the event that the owner of the supply point that is covered by a form of self-consumption, temporarily, does not have a supply contract in force with a free market supplier and is not a direct consumer in the market, it will be supplied by the reference supplier at the last resort tariff that corresponds to the hourly energy consumed from the grid, in accordance with the provisions of article 15.1.b) of Royal Decree 216/2014, of 28 March. In these cases, if there is surplus hourly energy from the associated generation facility, this will be transferred to the electricity system without any type of economic consideration linked to said transfer.

7. The limitations set out in articles 53.5 and 53.6 of Royal Decree 413/2014, of 6 June, shall not apply to the management and sale of energy from production facilities close to and associated with consumption facilities in cases of self-consumption supply with surpluses using renewable generation technologies.

Article 14. Simplified compensation mechanism.
1. In accordance with the provisions of article 9.5 and article 24.4 of Law 24/2013, of 26 December, the surplus compensation contract is defined as that signed between the producer and the associated consumer under the modality of self-consumption with surpluses subject to compensation, for the establishment of a simplified compensation mechanism between the deficits of their consumption and the total surpluses of their associated generation facilities. By virtue of the provisions of article 25.4 of Law 24/2013, of 26 December, this type of contract will be excluded from the bidding system.

The surplus compensation contract for parties that carry out collective self-consumption will use the distribution criteria, if applicable, coinciding with those communicated to the distribution company, in accordance with the provisions of article 4.3.

2. Consumers who carry out collective self-consumption without surpluses may also voluntarily avail themselves of a simplified compensation mechanism. In this case it will not be necessary to have a surplus compensation contract, as there is no producer, and it will be sufficient with an agreement between all the consumers using the distribution criteria, if applicable, coinciding with those communicated to the distribution company, in accordance with the provisions of article 4.3.

3. The simplified compensation mechanism shall consist of a balance in economic terms of the energy consumed in the billing period with the following characteristics:

i. In the case of having a supply contract with a free marketer:

a. The hourly energy consumed from the grid will be valued at the hourly price agreed between the parties.

b. The surplus hourly energy will be valued at the hourly price agreed between the parties.

ii. In the event that there is a supply contract at the voluntary price for the small consumer with a reference supplier:

a. The hourly energy consumed from the grid will be valued at the hourly cost of energy of the voluntary price for the small consumer in each hour, TCUh, defined in article 7 of Royal Decree 216/2014, of 28 March.

b. Surplus hourly energy will be valued at the average hourly price, Pmh; obtained from the results of the daily and intraday market in hour h, minus the cost of the CDSVh deviations, defined in articles 10 and 11 respectively of Royal Decree 216/2014, of 28 March.

Under no circumstances may the economic value of the surplus hourly energy exceed the economic value of the hourly energy consumed from the grid in the billing period, which may not exceed one month.

Furthermore, in the event that consumers and associated producers opt to use this compensation mechanism, the producer may not participate in any other energy sales mechanism.

4. The surplus hourly energy of consumers using the simplified compensation mechanism will not be considered as energy incorporated into the electrical energy system and, consequently, will be exempt from paying the access tolls established in Royal Decree 1544/2011, of 31 October, which establishes the access tolls to the transmission and distribution networks to be paid by electrical energy producers, although the marketer will be responsible for balancing said energy.

5. For the application of the simplified compensation mechanism, the consumers covered by this mechanism must send directly to the distribution company, or through their marketer, the same surplus compensation contract, or agreement, if applicable, between all the participating parties, requesting its application, in accordance with the provisions of section 1. In the case of collective self-consumption without surpluses, the same agreement must be sent between all the consumers affected, in accordance with the provisions of section 2.

6. In the case of consumers who make use of the simplified compensation mechanism and are supplied by a reference trader, the latter shall invoice in accordance with the following terms:

i. It shall carry out the billing in accordance with the terms set out in Royal Decree 216/2014, of 28 March.

ii. On the amounts to be invoiced before taxes, the excess hourly energy term shall be deducted, valued in accordance with the provisions of section 2.ii.b of this article. In accordance with the provisions of said section, the amount to be discounted shall be such that in no case may the economic value of the surplus hourly energy exceed the economic value of the hourly energy consumed from the grid in the billing period.

iii. For vulnerable consumers covered by the social voucher, the difference between the two previous amounts shall be subject to the provisions of article 6.3 of Royal Decree 897/2017, of 6 October, which regulates the figure of the vulnerable consumer, the social voucher and other protection measures for domestic electricity consumers.

iv. Once the final amount has been obtained, the corresponding taxes will be applied.

Article 15. Settlement and invoicing in the self-consumption modality. 1. Parties covered by any type of self-consumption that acquire the hourly energy consumed from the grid directly in the production market shall settle their energy in accordance with the provisions of the production market settlement regulations.

Parties who purchase hourly energy consumed from the grid through a trading company shall settle their energy in accordance with the monthly agreement between the parties based on actual hourly resolution readings and their applicable regulations, without prejudice to the provisions of article 14.

2. The distribution company shall be responsible for invoicing the network access tolls and the electricity system charges that correspond to it, in application of the provisions of article 9.5 of Law 24/2013, of 26 December.

In the event that the consumer has contracted access to the networks through a marketer, the marketer shall invoice the consumer for the corresponding network access toll and electricity system charges, breaking these items down on the bill. The marketing company will use the amounts collected in accordance with the regulations.

In the case of direct consumers in the market, these consumers will assume the charges that, where applicable, correspond to them in accordance with the applicable regulations.

3. For the settlement of the surplus hourly energy discharged by production facilities that use self-consumption with surpluses that are not subject to compensation, the general production activity regulations shall be applied.


CHAPTER VI
Application of tolls for access to the transmission and distribution networks and charges for self-consumption methods
Article 16. Tolls for access to the transmission and distribution networks applicable to electricity producers. In the modality of self-consumption with surpluses not subject to compensation, the owners of the production facilities shall pay the access tolls established in Royal Decree 1544/2011, of 31 October, for the surplus hourly energy discharged.

Article 17. Access tolls to the transmission and distribution grids applicable to consumption in self-consumption modalities.

In accordance with the provisions of article 9.5 of Law 24/2013, of 26 December, self-consumed energy from renewable sources, cogeneration or waste shall be exempt from all types of tolls.

The conditions for contracting access to the networks and the conditions for applying the access tolls to the transmission and distribution networks shall be those applicable in accordance with the provisions of Royal Decree 1164/2001, of 26 October, which establishes tariffs for access to the electricity transmission and distribution networks, without prejudice to the particularities established in this article.

2. The following criteria shall be applied to determine the billing components of the transmission and distribution network access tolls for those subjects that use the self-consumption modality without surpluses, those that use the self-consumption modality with surpluses subject to compensation and those that use the self-consumption modality with surpluses not subject to compensation that have a single supply contract in accordance with the provisions of Article 9.2:

a) For the determination of the power billing term of the network access tolls, power control shall be carried out using the metering equipment located at the border point.

b) For the determination of the active energy billing term, the energy to be considered shall be the hourly energy consumed from the network.

c) For the determination, where applicable, of the reactive energy billing term, the metering equipment located at the border point and, where applicable, the net generation metering equipment shall be used.

3. The following criteria shall be applied to determine the billing components of the access tolls to the transmission and distribution grids for those subjects that are covered by the self-consumption with surpluses modality not covered by compensation that do not have a single supply contract in accordance with the provisions of article 9.2 and the associated producer for its ancillary production services, the following criteria shall be applied:

a) For the determination of the power billing term of the access tolls, the control of power shall be carried out considering the following:

1st When the hourly power consumed by the ancillary production services is greater than zero:

i. For control of the power of the associated consumer:

a. If the installation has the configuration provided for in Articles 10.2 and 10.3, the metering equipment located at the border point shall be used.

b. If the installation has the metering configuration in section 10.4, the metering equipment of the associated consumer shall be used.

ii. The control of the power consumption of the auxiliary production services shall be carried out using the equipment that records the net hourly energy generated.

2. When the net hourly energy generated is greater than zero, to control the power of the associated consumer:

a. If the installation has the configuration provided for in Articles 10.2 and 10.3, the metering equipment located at the border point shall be used.

b. If the installation has the metering configuration in section 10.4, the metering equipment of the associated consumer shall be used.

b) For the determination of the active energy billing term, the energy to be considered shall be:

1st When the hourly energy consumed by the ancillary production services is greater than zero:

i. The billing of the active energy of the associated consumer:

a. If the installation has the configuration provided for in Articles 10.2 and 10.3, this shall be done for the energy corresponding to the hourly energy consumed from the grid minus the hourly energy consumed by the corresponding auxiliary production services.

b. If the installation has the metering configuration set out in section 10.4, it shall be carried out for the hourly energy consumed by the associated consumer.

ii. The billing of active energy for the consumption of the ancillary production services shall be based on the hourly energy consumed by the ancillary production services, using the equipment that records the net hourly energy generated for this purpose.

2. When the net hourly energy generated is greater than zero, the billing of the associated consumer's active energy shall be made by:

a. If the installation has the configuration provided for in Articles 10.2 and 10.3, the hourly power consumed from the grid shall be invoiced.

b. If the installation has the metering configuration set out in section 10.4, it shall be calculated as the difference between the hourly energy consumed by the associated consumer and the hourly energy self-consumed, using for this purpose the associated consumer's metering equipment and the equipment that records the net hourly energy generated.

c) For the determination, where applicable, of the reactive energy billing term, the following shall be used:

i. The billing of the associated consumer shall be carried out:

a. If the installation has the configuration foreseen in articles 10.2 and 10.3, it shall be carried out using the metering equipment located at the border point.

b. If the installation has the metering configuration set out in section 10.4, it shall be carried out using the metering equipment of the associated consumer.

ii. The billing of reactive energy for consumption of auxiliary production services shall be carried out using the equipment that registers the net hourly energy generated.

4. In order to determine the billing components of the transmission and distribution grid access tolls for the party that is covered by the collective self-consumption modality and the party whose associated generation facilities are nearby facilities through the grid, the provisions of the previous sections shall be applied with the following special features:

a) The control of the power of each consumer shall be carried out on the power of each of the consumers, using for this purpose the metering equipment located at each border point.

b) For the determination of the active energy billing term, the energy to be considered will be the hourly energy consumed from the individualised network.

c) For the determination, where applicable, of the associated consumer's reactive energy billing term, the metering equipment located at each border point shall be used.

5. In accordance with the provisions of article 9.5 of Law 24/2013, of 26 December, in the event that energy is transferred through the distribution grid in nearby facilities for the purposes of self-consumption, the associated consumers shall additionally pay an amount for the use of said grid. This amount shall be determined by the National Markets and Competition Commission.

Article 18. Electricity system charges applicable to self-consumption modalities.

1. In accordance with the provisions of article 9.5 of Law 24/2013, of 26 December, self-consumed energy from renewable sources, cogeneration or waste will be exempt from all types of charges.

Consumers that subscribe to any of the self-consumption modalities will be subject to the electricity system charges that correspond to the supply point and that are established by Order of the Minister for Ecological Transition, following agreement by the Government Delegate Commission for Economic Affairs, in accordance with the provisions of article 16 of Law 24/2013, of 26 December, taking into account the particularities set out in this article.

Said charges shall be considered as revenue of the electricity system in accordance with the provisions of article 13 of Law 24/2013, of 26 December.

2. For the determination of the billing components of the electricity system charges to consumers under the self-consumption modality without surplus, to consumers under the self-consumption modality with surplus under compensation and those under the self-consumption modality with surplus not under compensation that have a single supply contract in accordance with the provisions of article 9.2, the following criteria will be applied:

A) In the case of generation technologies from renewable sources, cogeneration or waste:

a) The application of fixed power charges shall be based on the power to be billed to the consumer.

b) The application of variable charges shall be based on the hourly energy consumed from the grid.

B) In the case of generation technologies that do not come from renewable sources, cogeneration or waste:

a) The application of fixed power charges shall be based on the power required by the consumption.

b) The application of variable charges shall be based on the hourly energy consumed.

For these purposes, the metering equipment located at the border point and, where appropriate, the equipment that records the net hourly energy generated shall be used.

3. The following criteria shall be applied to determine the billing components of the electricity system charges for consumers who use self-consumption with surpluses that are not subject to compensation and who do not have a single supply contract in accordance with the provisions of Article 9.2:

1. When the hourly energy consumed by the ancillary production services is greater than zero:

i. In relation to the associated consumer:

- The application of fixed power charges to the associated consumer shall be based on the power to be billed to the associated consumer.

- The application of variable charges will be based on the hourly energy consumed from the grid minus the hourly energy consumed by the corresponding ancillary production services.

For this purpose:

a. If the installation has the configuration foreseen in Articles 10.2 and 10.3, the metering equipment located at the border point that records the hourly energy consumed from the grid and the equipment that records the net hourly energy generated shall be used.

b. If the installation has the metering configuration in section 10.4, the metering equipment of the associated consumer shall be used.

ii. In relation to ancillary production services:

- The application of fixed charges for power to ancillary services shall be made for the power to be billed to the ancillary production services.

- Variable charges will be applied to the hourly energy consumed by the ancillary production services.

For this purpose, the equipment that records the net hourly power generated shall be used.

2. When the net hourly energy generated is greater than zero, the application of fixed charges to the associated consumer shall be applied to:

A) In the case of generation technologies from renewable sources, cogeneration or waste:

i. In relation to the associated consumer:

- The application of fixed power charges to the associated consumer shall be based on the power to be billed to the associated consumer.

- The application of variable charges will be based on the hourly energy consumed from the grid by the associated consumer.

For this purpose:

a. If the installation has the configuration foreseen in articles 10.2 and 10.3, the metering equipment located at the border point that registers the hourly energy consumed from the grid shall be used.

b. If the installation has the metering configuration in section 10.4, the metering equipment of the associated consumer and the metering equipment recording the net generation shall be used.

ii. In relation to ancillary production services:

- Fixed power charges for ancillary production services shall be zero.

- Variable charges for ancillary production services shall be zero.

B) In the case of generation technologies that do not originate from renewable sources, cogeneration or waste:

i. In relation to the associated consumer:

- The application of fixed power charges to the associated consumer shall be based on the power required for consumption.

- The application of variable charges will be based on the hourly energy consumed by the associated consumer.

For this purpose:

a. If the installation has the configuration foreseen in articles 10.2 and 10.3, the metering equipment located at the border point that records the hourly energy consumed from the grid and the metering equipment that records the net generation shall be used.

b. If the installation has the metering configuration in section 10.4, the metering equipment of the associated consumer shall be used.

ii. In relation to ancillary production services:

- Fixed power charges for ancillary production services shall be zero.

- Variable charges for ancillary production services shall be zero.

4. In order to determine the invoicing components of the electricity system charges to the party that is covered by the collective self-consumption modality and to the party whose associated generation facilities are nearby facilities through the grid, the provisions of the previous sections shall be applied with the following particularities:

A) In the case of generation technologies from renewable sources, cogeneration or waste:

a) The application of fixed charges for power will be made on the power to be billed to the associated consumer, for these purposes the metering equipment located at the border point of each associated consumer will be used.

b) Variable charges will be applied to the hourly energy consumed from the individual network.

B) In the case of generation technologies that do not come from renewable sources, cogeneration or waste:

a) The application of fixed charges for power will be made on the power to be billed to each consumer, for these purposes the metering equipment located at the border point of each associated consumer will be used.

b) Variable charges shall be applied to the individualised hourly energy consumed.


CHAPTER VII
Registration, inspection and penalties
Article 19. Administrative register of self-consumption of electrical energy.

1. The administrative register of self-consumption of electricity provided for in Article 9.4 of Law 24/2013, of 26 December, shall be governed in terms of its organisation and operation by the provisions of this chapter.

This register will be telematic, declarative and free of charge and its purpose will be to monitor the activity of self-consumption of electricity, from the economic point of view and its impact on the economic sustainability of the electricity system, as well as its incidence on the fulfilment of renewable energy objectives and on the operation of the system.

2. The General State Administration, through the Directorate General for Energy Policy and Mines of the Ministry for Ecological Transition, is responsible for:

a) The recording in this register of the data submitted by the Autonomous Communities and the cities of Ceuta and Melilla on consumers covered by any of the regulated self-consumption supply modalities.

b) The aggregation and analysis of the information collected therein, with the power to request the Autonomous Communities and cities of Ceuta and Melilla, where appropriate, to correct the information submitted.

3. The register shall contain two sections:

a) In the first section, the consumers covered by the supply modalities with self-consumption without surplus shall be registered.

b) The second section shall contain the registration of consumers under the supply methods with self-consumption with surpluses.

The second section shall in turn be divided into three subsections:

i. Subsection a: This subsection shall include consumers who are covered by the self-consumption with surplus supply modality that is subject to compensation.

ii. Subsection b1: This subsection will include consumers in the modality of self-consumption with surplus not subject to compensation who have a single supply contract in accordance with the provisions of article 9.2.

iii. Subsection b2: Consumers in the self-consumption with surplus not covered by compensation modality who do not have a single supply contract in accordance with the provisions of Article 9.2 shall be registered in this subsection.

The structure of the administrative register shall be as detailed in Annex II. In addition to the structure set out in the said annexes, the register may incorporate fields that allow disaggregation at Autonomous Community or provincial level.

Article 20. Registration in the administrative register of self-consumption of electrical energy.
1. Those consumers who carry out self-consumption, connected to low voltage, in which the generation installation is low voltage and the installed generation power is less than 100 kW, registration in the self-consumption register will be carried out ex officio by the autonomous communities and the cities of Ceuta and Melilla in their respective registers based on the information sent to them by virtue of the Low Voltage Electrotechnical Regulations.

2. The autonomous communities and the cities of Ceuta and Melilla must send the Directorate General for Energy Policy and Mines the information corresponding to the registration in the electricity self-consumption register even if they do not have their own self-consumption register.

In order to guarantee the appropriate processing and analysis of the information derived from the registrations between the Ministry for Ecological Transition's administrative register of self-consumption of electrical energy and the corresponding autonomous community registers that may be set up, as well as to guarantee agility and homogeneity in the transmission of data between the General State Administration and the autonomous communities and cities of Ceuta and Melilla, Annex II establishes the information that these autonomous communities and cities must send to the Directorate General for Energy Policy and Mines. The communication of the registry data between the autonomous communities and cities of Ceuta and Melilla and the Ministry of Ecological Transition will be carried out exclusively by telematic means. The Directorate General for Energy Policy and Mines will develop the computer applications that, following the data formats established in Annex II, will allow the autonomous communities and cities of Ceuta and Melilla to send information. Notwithstanding the above, the submission of the information contained in Annex II by the autonomous communities and cities of Ceuta and Melilla may be carried out through other telematic channels and following other formats.

The Directorate General for Energy Policy and Mines may request the autonomous communities and cities of Ceuta and Melilla to update or revise the data provided.

3. The Directorate General for Energy Policy and Mines shall provide electronic access to the Ministry for Ecological Transition's administrative register of self-consumption of electricity to the competent bodies of the autonomous communities and cities of Ceuta and Melilla of the registrations that affect their territorial scope, as well as to the National Commission for Markets and Competition, the system operator and distribution companies for installations connected to their grids, so that they may be aware of the registrations and modifications made in the register.

Likewise, the Ministry for Ecological Transition will provide free public access on its website to aggregate data from the self-consumption register.

5. The Directorate General for Energy Policy and Mines of the Ministry for Ecological Transition shall include in the administrative register of electricity production facilities those production facilities not exceeding 100 kW associated with self-consumption supply modalities with surpluses based on the information from the administrative register of self-consumption of electricity.

Article 21. Modification and cancellation of entries in the administrative register of self-consumption of electrical energy of the Ministry for Ecological Transition.
1. On a monthly basis, the autonomous communities and the cities of Ceuta and Melilla shall notify the Directorate General for Energy Policy and Mines of the registrations, cancellations and modifications that have taken place in their territories, with regard to individuals who use the methods of supply with self-consumption. This submission of information shall be carried out in accordance with the provisions of Article 20.2.

2. If the autonomous communities and the cities of Ceuta and Melilla detect anomalies or errors in the information collected in the register of self-consumption of electrical energy, once they have been amended by the corresponding autonomous community or city, these shall be communicated by means of a new notification to the Directorate General for Energy Policy and Mines.

Article 22. Inspection of the application of self-consumption modalities.
1. The General State Administration, where appropriate, in collaboration with the competent bodies of the autonomous communities and the cities of Ceuta and Melilla, may carry out inspection plans for the application of the economic conditions of supplies under the self-consumption modalities, including, where appropriate, the electrical energy sold to the system. Likewise, monitoring programmes may be carried out.

2. In relation to possible situations of fraud and other anomalous situations, the provisions of Law 24/2013, of 26 December, and its implementing regulations shall apply.

Article 23. Penalty regime.
Failure to comply with the provisions of this Royal Decree may be sanctioned in accordance with the provisions of Title X of Law 24/2013, of 26 December.

First additional provision. Mandates to the system operator and the National Commission for Markets and Competition.
1. Within a period of no more than one month from the entry into force of this Royal Decree, the system operator shall send to the Secretary of State for Energy a proposal to modify the operating procedures of the electricity system and, where appropriate, the technical instructions complementary to the unified regulation of metering points of the electricity system approved by Royal Decree 1110/2007, of 24 August, whose content needs to be modified to adapt to the modifications introduced by this Royal Decree.

2. Within a period of no more than three months from the entry into force of this Royal Decree, the National Markets and Competition Commission shall establish the adaptation of formats and communication protocols between distribution companies, marketers and autonomous communities and the cities of Ceuta and Melilla, in all matters relating to this Royal Decree.

3. Distribution and marketing companies shall have a period of one month to adapt their systems as from the approval of the regulations deriving from the two previous sections.

4. Every year, before 1 March, the National Markets and Competition Commission shall send the Ministry of Ecological Transition an annual report, for the purposes of monitoring and applying the provisions of this Royal Decree and the implementing regulations that are approved, in which it monitors the development of the different types of self-consumption, as well as the supervision and control of their economic impact.

On an annual basis, the Minister for Ecological Transition shall report to the Government Delegate Commission for Economic Affairs on the conclusions and, where appropriate, on the measures that may be adopted as a result of the analysis of said report.

5. Annually, before 1 March, the National Commission for Markets and Competition shall send the Secretary of State for Energy a report analysing the impact of the elimination of the limitations on the management and sale of energy from production facilities close to and associated with consumption facilities in cases of self-consumption supply with surpluses made with renewable generation technologies established in article 13. 7. If this report reveals the existence of competition problems in the market, the Minister for Ecological Transition, with the prior agreement of the Government Delegate Commission for Economic Affairs, may impose restrictions on representation in the market for the management and sale of energy from production facilities close to the consumption facilities and associated with the same in cases of supply with self-consumption with surpluses.

Second additional provision. Submission of information relating to self-consumption facilities.
1. Before 31 March of each year, transmission and distribution system operators shall submit to the Directorate General for Energy Policy and Mines, exclusively by electronic means, the following aggregate information relating to the self-consumption facilities connected to the grids they manage:

a) Number of installations.

b) Installed power.

c) Discharged energy, if applicable.

The information shall also be sent broken down by the types of self-consumption indicated in article 4, by generation technology, by range of installed power, by province and by voltage level of the grid to which it is connected.

2. For the purposes of the disaggregation of the previous article, the following ranges shall be taken:

a) Voltage levels:

- Low voltage: up to 1 kV.

- Medium voltage: higher than 1 kV and lower than 36 kV.

- High voltage: higher than 36 kV and lower than 220 kV.

- Very high voltage: equal to or higher than 220 kV.

b) Installed power ranges:

- Less than 20 kW.

- Between 20 kW and 1 MW.

- Greater than 1 MW.

3. The Directorate General for Energy Policy and Mines may approve by resolution the formats for the submission of said information, the modification of the ranges established in the previous section, as well as establish other disaggregation parameters or define those other aspects necessary to guarantee the homogeneity of the data.

First transitional provision. Adaptation of the subjects covered by the modality of self-consumption existing under the protection of that regulated in Royal Decree 900/2015, of 9 October. 1. Those consumers covered by the type 1 and type 2 self-consumption modalities defined in article 4 of Royal Decree 900/2015, of 9 October, which regulates the administrative, technical and economic conditions of the modalities of electricity supply with self-consumption and production with self-consumption, will be classified in accordance with the criteria established in this Royal Decree:

i. Consumers that were covered by the type 1 modality defined in article 4 of Royal Decree 900/2015, of 9 October, that have an anti-spill mechanism, will be classified as consumers covered by the modality of supply with self-consumption without surplus.

ii. Consumers that are covered by type 1 as defined in article 4 of Royal Decree 900/2015, of 9 October, that do not have an anti-spill mechanism will be classified as consumers covered by the self-consumption with surplus supply mode that is not subject to compensation.

iii. Consumers that are covered by type 2 as defined in article 4 of Royal Decree 900/2015, of 9 October, in which there is a consumer and producer subject and these are the same natural or legal person, will be classified as consumers covered by the supply with self-consumption with surplus not covered by compensation under article 9.2.

iv. Consumers that are covered by type 2 as defined in article 4 of Royal Decree 900/2015, of 9 October, in which the consumer and producer are not the same natural person or legal entity, will be classified as consumers covered by the self-consumption supply method with surpluses not subject to compensation, not covered by article 9.2.

2. Those subjects that were carrying out self-consumption prior to the entry into force of this Royal Decree may use any of the new modalities defined in this Royal Decree, provided that they comply with all the requirements established in this Royal Decree, especially with regard to the anti-surplus mechanism and the metering configuration. To this end, they shall modify, if necessary, their access and supply contracts.

3. Within six months of the approval of this Royal Decree, consumers who are in any of the aforementioned modalities must notify the competent body for energy matters in their autonomous community or city of the modality of self-consumption to which they subscribe and the necessary information for the purposes of registration in the administrative register of self-consumption of electrical energy. The autonomous communities and cities of Ceuta and Melilla shall send this information in accordance with the provisions of Chapter VII of this Royal Decree.

4. Exceptionally, during the period of one year from the approval of this Royal Decree, the limitation set out in Article 8.5 shall not apply to those subjects who are covered by any of the self-consumption modalities, in the first change of self-consumption modality that they make from the application of the provisions of section one of this provision to any other modality of those regulated in Article 4 of this Royal Decree.

Second transitional provision. Singular measurement configurations for cogeneration plants.
1. Those cogeneration plants that, pursuant to the provisions of the first additional provision of Royal Decree 900/2015, of 9 October, have been granted a singular metering configuration, may continue to apply the same provided that:

- The person in charge of reading the generation or consumption does not state the existence of problems in obtaining measurements that allow correct billing under the applicable regulations.

- They do not carry out modifications to the production plants that entail plant renovations or power increases of more than 10 % of the installed power at the time the singular configuration is granted.

2. If the person in charge of reading consumption or, where appropriate, generation, detects that it is not possible to correctly invoice network access tolls and electricity system charges to the consumer or generator, once the affected parties have been notified of this situation, said person in charge of reading shall notify the Directorate General for Energy Policy and Mines of this fact within a period of one month.

3. If one of the situations listed in the first paragraph occurs, the consumer and the generator shall adapt their installations to the provisions of this Royal Decree within six months. The periods shall be counted from the commissioning of the modification of the production installation or, where applicable, from the time the meter reader has informed the affected parties of the impossibility of carrying out the correct billing.

Third transitional provision. Application of access tolls to transmission and distribution networks and electricity system charges to self-consumption modalities.
1. The prices of the access tolls to the transmission and distribution grids applicable to consumption in self-consumption modalities, defined in article 17 of this Royal Decree, will be the prices of the access tolls established in Order TEC/1366/2018, of 20 December, which establishes the electricity access tolls for 2019, or the regulation that replaces it.

2. The charges defined in article 18 of this Royal Decree shall not apply until the charges associated with the costs of the system are approved, in development of the provisions of article 16 of Law 24/2013, of 26 December, and in accordance with the provisions of Royal Decree-Law 1/2019, of 11 January, on urgent measures to adapt the competences of the National Commission for Markets and Competition to the requirements deriving from Community law in relation to Directives 2009/72/EC and 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and natural gas.

Transitional provision four. Billing of consumers under a self-consumption modality who do not have effectively integrated remote management meters. The supplies of consumers who subscribe to a self-consumption modality, whose border points are classified as type 4 or 5 and whose metering equipment is not effectively integrated in the remote management system of their meter reader, will be read and billed on a bimonthly basis and the profiles in force for the rest of the consumers will not be applicable to them. The hourly measurements of these consumers will be obtained by means of reading by means of a portable reading terminal (TPL).

Transitional provision five. Storage elements.

For those storage facilities to which the provisions of Supplementary Technical Instruction ITC-BT-52 on special purpose facilities and infrastructure for electric vehicle charging approved by Royal Decree 1053/2014, of 12 December, for infrastructure for electric vehicle charging are not applicable, nor the provisions of Supplementary Technical Instruction ITC-BT-40 on low-voltage generating facilities of Royal Decree 842/2002, of 2 August 2002, approving the low voltage electrotechnical regulations, until the approval of the industrial safety and quality standard defining the technical and protection conditions of the storage elements installed in self-consumption installations not covered by said complementary technical instructions, said storage elements shall be installed in such a way that they share metering equipment and protections with the generation installation.

Transitional provision six. Reactive energy billing term.
The amounts that distributors have collected for reactive energy billing from the entry into force of Royal Decree-Law 15/2018, of 5 October, until the entry into force of this Royal Decree will be subject to the settlement process established in Royal Decree 2017/1997, of 26 December, which organises and regulates the procedure for the settlement of transmission, distribution and commercialisation costs at the tariff of the permanent costs of the system and the costs of diversification and security of supply.

Seventh transitional provision. Adaptation of type 4 meters. Type 4 metering points must comply with all the requirements established in article 9 of the Unified Regulation on metering points approved by Royal Decree 1110/2007, of 24 August, within 4 years of the approval of this Royal Decree.

Eighth transitional provision. Implementation of the administrative register of self-consumption of electrical energy.
1. In accordance with the provisions of the second transitory provision of Royal Decree-Law 15/2018, of 5 October, the administrative register of self-consumption of electrical energy regulated in Chapter IV shall be operational within 3 months of the entry into force of this Royal Decree.

2. The Autonomous Communities and the cities of Ceuta and Melilla shall have a maximum period of four months from the date of approval of this Royal Decree to submit the information which, in accordance with the provisions of Chapter IV, must be included in the Ministry for Ecological Transition's administrative register of self-consumption of electrical energy.

Ninth Transitional Provision. Special location of metering equipment.
Exceptionally, until the approval of the complementary technical instructions which, pursuant to Royal Decree 1110/2007, of 24 August, establish equivalent metering configurations, the meter operator shall allow metering equipment to be located in a place other than the border, provided that physical access and metering is guaranteed to the meter operator, applying, where appropriate, the relevant loss coefficients. Roofs or decks where production facilities are located shall not be considered valid locations. In any case, the owner of the self-consumption installation must send a written document to the meter reader in which access for reading, maintenance and inspection is permitted and detailed.

Exceptionality shall be granted if at least one of the following conditions is met:

a) The location of the metering equipment involves an investment of more than 10% of that of the generation facility.

b) The site where the border point is located is located on a façade or space that is catalogued as being of special protection.

Sole derogatory provision. Repeal of regulations.
Any provisions of equal or lower rank that oppose the provisions of this Royal Decree are hereby repealed, and in particular:

a) Royal Decree 900/2015, of 9 October, which regulates the administrative, technical and economic conditions of the modalities of electricity supply with self-consumption and production with self-consumption, except for sections 1 to 4 and 7 of the first additional provision and the second, fifth and sixth additional provisions and the seventh transitional provision.

b) The provisions of section 4.3.3 and the third paragraph of chapter 7 of ITC-BT-40 Royal Decree 842/2002, of 2 August, approving the Low Voltage Electrotechnical Regulations.

First final provision. Modification of Royal Decree 1164/2001, of 26 October 2001, establishing tariffs for access to electricity transmission and distribution networks.

Article 9.3 of Royal Decree 1164/2001, of 26 October 2001, which establishes tariffs for access to electricity transmission and distribution networks, is amended to read as follows:

"3. Reactive energy billing term. -The reactive energy billing term shall be applicable to all consumers except for supplies covered by tolls 2.0 and 2.1. Consumers who are billed for the reactive energy term must have the reactive energy meter permanently installed.

This term will be applied to all tariff periods, except period 3, for tariffs 3.0A and 3.1A, and period 6, for tariffs 6, provided that reactive energy consumption exceeds 33 percent of active consumption during the billing period in question (cos ѱ < 0.95) and will only affect these excesses. The price per kVArh of excess shall be established in euro cents/kVArh. In order to determine the amount, the reactive energy meter must be installed. The invoices obtained by the distribution companies for this term will be subject to the settlement process established in Royal Decree 2017/1997, of 26 December. The particular conditions established for the application of this term, as well as the obligations in relation to it, are as follows: a) Mandatory power factor correction: When a consumer with contracted power greater than 15 KW has a reactive energy consumption greater than 1.5 times that of active energy in three or more measurements, the distribution company that supplies him may notify the competent body of the Autonomous Community, which may set the consumer a deadline for improving his power factor and, if the established deadline is not met, may even order the suspension of the exercise of the right to access the networks until the installation is improved to the required extent." Second final provision. Modification of ITC-BT-40 on low voltage generating installations of the Low Voltage Electrotechnical Regulations, approved by Royal Decree 842/2002, of 2 August, approving the Low Voltage Electrotechnical Regulations. ITC-BT-40 on low voltage generating installations of the Low Voltage Electrotechnical Regulations, approved by Royal Decree 842/2002, of 2 August, is modified as follows: One. Section 2.c) of ITC-BT-40 is amended and is worded as follows: "c) Interconnected generating installations: those that are normally working in parallel with the Public Distribution Grid.

The interconnected generating facilities for self-consumption may belong to the modalities of supply with self-consumption without surplus or modalities of supply with self-consumption with surplus defined in article 9 of Law 24/2013, of 26 December, and in article 4 of Royal Decree 244/2019, of 5 April, which regulates the administrative, technical and economic conditions for the self-consumption of electrical energy."
Two. six paragraphs are added to section 4.3 of ITC-BT-40, with the following wording: "The requirements of ITC-BT-40 are applicable to all interconnected self-consumption facilities, regardless of their power. All generation facilities interconnected to the low voltage distribution grid must have devices that limit the injection of direct current and the generation of overvoltages, as well as prevent the islanding of the distribution grid, so that the connection of the generation facility does not affect the normal operation of the grid or the quality of supply of the customers connected to it.

Self-consumption installations without surpluses, regardless of whether they are connected to the low-voltage or high-voltage grid, with generation and regulation at low voltage, must have a system that prevents the discharge of energy into the distribution grid that meets the requirements and tests of the new Annex I of ITC-BT-40. Self-consumption installations without surpluses are not subject to sections 4.3.1, 4.3.4 and none of the requirements related to the distribution company in section 9.

Nevertheless, these installations shall comply with the provisions of ITC-BT-04 regarding their documentation and commissioning, and regardless of their power and connection mode, they shall have the documentation required for conformity assessment according to annex I, section I.4 of ITC-BT-40. This documentation shall be delivered by the installer together with the installation certificate.

When the connection to the electrical installation of a generator for self-consumption without surplus is not made via an independent circuit and, therefore, does not require modification of the existing interior installation, the obligation to deliver said documentation will fall to the manufacturer, the importer, or the person responsible for the commercialisation of the generator kit, who will deliver the documentation directly to the user.

In all production facilities close to consumption facilities, as defined in Royal Decree 244/2019, of 5 April, which regulates the administrative, technical and economic conditions for the self-consumption of electrical energy, the connection shall be made via a control and protection panel that includes the type A differential protections necessary to guarantee that the contact voltage is not dangerous for people. Where such generating installations are accessible to the general public or are located in residential or similar areas, the differential protection of the generating circuits shall be 30 mA. The connection of the production installation may be made in the general busbar of the consumption meter centralisation, in the general protection box from which the consumption comes or by means of an independent general protection box connected to the distribution network. In cases of collective self-consumption in condominium buildings, the production installation may not be connected directly to the internal installation of any of the consumers associated with the collective self-consumption installation.

All generators for self-consumption supply with surpluses regardless of their power and generators for self-consumption supply without surpluses with an installed power of more than 800 VA, which are connected to indoor installations or user receiving installations, shall do so through an independent and dedicated circuit from a control and protection panel that includes type A differential protection, which shall be 30 mA in residential installations, or installations accessible to the general public in residential areas, or similar.

Generators intended for installation in dwellings, which are not connected to the installation through a dedicated circuit, or through an isolation transformer, shall have an earth leakage current equal to or less than 10 mA".

Three. The heading of the fourth paragraph of section 7 is amended to read as follows:

"The minimum protections to be provided shall be as follows, irrespective of the fact that these settings could be modified by the electricity sector regulations depending on the generator to which it applies:"

Four. An annex is added to ITC-BT-40, with the following wording:

"ANNEX I
Systems to prevent energy spillage to the grid
Systems to prevent the release of energy into the grid may be based on two different operating principles:

1. Avoidance of spillage to the grid by means of a cut-off or current limiting element. The cut-off option allows the use of generation systems without the ability to regulate the generated energy only in the case of non-photovoltaic generating installations.

In order to avoid energy spillage into the grid, they must have systems for measuring the power exchanged with the grid, located upstream of the generating installation and the loads, which enable the disconnection of generation from the grid or the regulation of the generation systems.

2. Regulation of power exchange by acting on the generation-consumption system.

This type of system is based on a control element that adjusts the generation-consumption balance, avoiding the dumping of energy into the grid. This can be done by load control, generation control, energy storage, or other means.

Two types of generation systems should be considered for the purpose of setting requirements for systems to avoid spillage:

- Production installations based on synchronous generators connected directly to the grid.

- Wind and photovoltaic installations and, in general, all those production installations whose technology does not use a synchronous generator connected directly to the grid.

I.1 Definitions:

Grid connection point: point of the public distribution grid to which the installation is connected.

Interconnection point between generation and consumption: point on the consumer's internal network where generation is connected to the loads.

I.2 Requirements:

Two types of installations are considered. One in which the energy exchange with the grid is measured (Figures 1 and 2) and another in which the consumption of all or part of the loads is measured (Figures 3 and 4). The maximum acceptable parameters are defined for each of them.

I.2.1 Installations with equipment for measuring energy exchange with the grid:

Figures 1 and 2 show the diagrams of this type of installation depending on whether they are connected to the low or high voltage networks, respectively.

The power at the grid connection point must be maintained with consumer balance, whenever there is an internal consumption higher than the tolerance value of the metering system, calculated as the sum of the accuracy class of the power measuring equipment and the class of the current transformers or current measuring probes. Any value not complying with the above requirement shall be corrected in less than 2 seconds by generation limitation or tripping. In addition, there may be an equipment or set of equipment that performs the regulation functions, although it is not shown in the figures. The regulation element can be independent or integrated in other devices of the installation, such as the power measurement equipment or the generator.

Figure 1: Schematic diagram with energy exchange measuring equipment with the grid in installations connected to low-voltage grids.

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Figure 2: Schematic with energy exchange measuring equipment with the grid in installations connected to high voltage grids. Possible locations of the energy measuring point

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I.2.2 Installations with consumption measuring equipment:

Figures 3 and 4 show the diagrams of this type of installations depending on whether they are connected to low or high voltage grids, respectively. The consumption measurement may correspond to the total consumption of the installation or to part of the consumption of the installation. The control element may be independent or included in other devices of the installation, such as the power measurement equipment, the generator, or the loads.

At all times, the power measured at the point of consumption must be greater than the power generated. The margin of difference between consumption and generation must exceed the tolerance value of the metering system, calculated as the sum of the accuracy classes of the power measuring equipment and the accuracy classes of the current measuring transformers or probes, both at load and generation. Any value not complying with the above requirement shall be corrected in less than 2 seconds by load control, generation control, energy storage, or other means.

Figure 3: Schematic of energy consumption measurement in installations connected to low-voltage networks

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Figure 4: Schematic diagram of measurement of energy consumption in installations connected to high-voltage grids

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I.3 Tests:

The tests to be carried out to assess the conformity of the system that avoids energy discharge to the grid are as follows:

I.3.1 Tolerance in steady state:

The power limitation system shall ensure that in steady state the power production complies with the requirements of section I.2 depending on the type of installation tested.

The test shall be repeated for the different generator types to be evaluated for the system, each of them being tested separately.

To verify this condition, the test is carried out with the following sequence of operations:

1. Connect the generator to be tested to a power source which supplies power to the generator and which is capable of supplying a power equal to or greater than the power of the generator to be tested.

2. Connect the generator to the network to be tested.

3. Set the load value according to the values indicated in Table 1.

4. Wait for a time of at least two seconds before starting the measurement.

5. Measure the power exchanged at the test point, with an uncertainty better than or equal to 0,5 %, taking measurements every 50 ms.

Table 1. Definition of loads. Values in % of the nominal power of the generator to be tested.

Connection mode

Phase R

Phase S

Phase T

Single phase.

90÷100% 10÷20% 0 Three-phase. 90÷100% 90÷100% 90÷100% 10÷20% 10÷20% 10÷20% 0 0 0 90÷100% 60÷70% 60÷70% 60÷70% 60÷70% 60÷70% 30÷40% 60÷70% 60÷70% 0 60÷70% 60÷70%

The test is considered valid if, in a 2-minute test, the values of the injected power measured every 50 ms upstream of the point of interconnection between generation and consumption, in each of the phases, comply with the requirements indicated in points I.2.1 or I.2.2, as appropriate.

I.3.2 Response to load disconnections:

The power limitation system shall ensure that, upon load disconnection, the generator resets its output reaching the steady state again in less than 2 seconds.

The test must be repeated for the different generator types to be evaluated for the system, and each of them can be tested separately.

To verify this condition, the test is performed with the following sequence of operations:

1. Connect the generator under test to a power source that supplies power to the generator and that is capable of supplying a power equal to or greater than the power of the generator under test.

2. Connect the generator to the network to be tested.

3. Perform the load disconnections proposed in table 2.

4. Measure the power exchanged with the grid, with an accuracy of at least 0,5 %, taking measurements every 50 ms in a time window of 2 minutes comprising at least one minute before and after load disconnection.

Table 2. Definition of load disconnection. Values in % of rated power of the generator under test.

Test

Initial load

Final load

1 90÷100% 60÷70% 2 90÷100% 30÷40% 3 90÷100% 0% 4 60÷70% 30÷40% 5 60÷70% 0% 6 30÷40% 0%

Repeat each of the tests three times.

The test is considered valid if for each of the load steps the generator readjusts the power produced, reaching the steady state, so that the power injected upstream of the point of interconnection between generation and consumption meets the requirements indicated in points I.2.1 or I.2.2, as appropriate. This condition shall be verified for the values of power exchanged with the network measured every 50 ms during the 2 minutes of the test.

I.3.3 Response to generation power surges:

The power limitation system shall ensure that, upon a power increase in the primary energy source, e.g. a rise in irradiance in a photovoltaic installation, leading to a situation where there is more energy available than consumption, the generator resets its output reaching back to steady state in less than 2 seconds.

The test must be repeated for the different type generators to be approved for the system, and each of them can be tested separately.

To verify this condition, the test is carried out in the following sequence of operations:

1. connect the generator to be tested to a source of energy supplying the generator and capable of supplying between 40 % and 50 % of the power of the generator to be tested.

2. Connect the generator to the network to be tested.

3. Connect a load consuming 60 % to 70 % of the power of the generator to be tested.

4. Increase by a step the power available at the energy source above 90 % of the rated power of the generator to be tested.

5. Measure the power exchanged with the grid, with an accuracy of at least 0,5 %, by taking measurements every 50 ms in a time window of 2 minutes comprising at least one minute before and after the increase of the generator power.

Repeat each test three times.

The test is considered valid if for each of the steps the generator readjusts the power produced to the steady state, so that the energy injected upstream of the point of interconnection between generation and consumption meets the requirements of I.2.1 or I.2.2, as appropriate. This condition shall be verified for the values of power exchanged with the network measured every 50 ms during the 2 minutes of the test.

I.3.4 Action in case of loss of communications:

The generator shall stop generating in case of loss of communication between the different elements of the system in less than 2 seconds. In case the control element is integrated in one of the required devices (power measurement equipment or generator) it is not necessary to check the communication between the elements integrated in the same device.

To verify this condition, the test is carried out with the following sequence of operations:

1. connect the generator to be tested to an energy source which supplies the generator and which is capable of supplying a power equal to or greater than the power of the generator to be tested.

2. Connect the generator to the indoor mains to be tested.

3. Establish a load of 60 % and 70 % of the rated power of the generator.

4. Cut off the communication between the control element and the power measuring equipment.

5. Measure the time elapsed between the cut-off of the communication and the disconnection of the generator or the total limitation of generator power (0 %).

6. Measure the power generated by the generator, with an accuracy of at least 0,5 %, taking measurements every 50 ms.

The test shall be repeated 3 times.

The test is considered valid if the generator disconnects or reduces the generated power to zero in less than 2 seconds.

Repeat the test by cutting off the communication between the control element and the generator.

I.3.5 Determination of the maximum number of generators:

In case the derating system can be used with more than one generator, the following tests shall be repeated with two generators working in parallel, each providing between 40 % and 60 % of the total power of the loads, so that between them they cover 100 % of the consumption.

1. Tolerance in steady state.

2. Response to load disconnections.

In this case, the response times of the system shall be measured and compared with the times obtained in the case of a single generator. The resulting time difference will make it possible to determine the maximum number of generators that can be connected in the installation according to:

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Where:

N: Maximum number of generators that can be included in the system.

t1: Response time with a single generator. The maximum response time obtained will be taken.

tr: Difference between the maximum response time with one and two generators.

Figure 5: Example of system response times to a load disconnection of 100 % to 33 % with one or two generators (Blue-Power consumed by the load, Red-Power produced in installation with one generator, Green-Power produced in installations with two generators).

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I.4 Conformity assessment:

The assessment of conformity with the requirements of this Annex of systems to prevent energy discharge to the grid, whether integrated in the generator or external, shall be carried out by means of the following documentation:

1. Basic scheme of the system, including the way the generator is connected, the protections that must exist or be placed in the installation and the applicable precautions on the power of the loads and types of receivers that can be connected in the circuits fed simultaneously by the grid and the generator, depending on their connection to the self-consumption installation.

2. Power measurement equipment and class of instrument transformers for power measurement.

3. Control element. If included in any of the system devices, e.g. in the power measuring equipment or in the generator, this shall be reflected.

4. Type of communications used between the different elements.

5. Type generators for which the system is valid.

6. Power of the type generator tested and assimilable generators/measuring equipment.

7. Control algorithm

8. Electrical characteristics of the generator.

9. Maximum number of generators to be connected.

10. Test report of the tests specified in section I.3 carried out by a test laboratory accredited according to UNE-EN ISO/IEC 17025".

Third final provision. Modification of the unified regulation of electricity system metering points, approved by Royal Decree 1110/2007, of 24 August, which approves the unified regulation of electricity system metering points. The Unified Regulation of electricity system metering points, approved by Royal Decree 1110/2007, of 24 August, is amended as follows:

One. Section 12 of article 3 is amended, which is reworded as follows:

"12. Reading officer: entity responsible for taking readings (whether in remote, local or visual mode), making the information available to the system operator and other participants in the measurement, as well as other associated functions, for the metering points with the scope and conditions determined in each case in these regulations and the provisions that develop them.

They are responsible for reading all types of metering points:

1.º Customer border points:

a) The distribution company is responsible for reading the data required for billing the access tolls and charges and the energy to be settled in the market.

b) When the customer purchases the power through a retailer, the distribution company shall make available to the retailer and the system operator, in the manner to be defined, the data required for the settlement of the power on the market.

Type 3, 4 and 5 generation border points:

The distribution company is responsible for reading the generation facilities which, due to the value of their nominal power, must be classified as a whole as type 3, 4 or 5, in accordance with the classification established in article 6.

3. Other border points:

For the rest of the border points, the system operator shall be in charge of the reading.

Paragraph 4 of article 7 is amended and shall be worded as follows:

"(4) Type 4 metering points are:

(a) Points located at customer borders, whose contracted power in any period is equal to or less than 50 kW and greater than 15 kW.

b) Points located on the borders of generation installations, whose rated apparent power is equal to or less than 50 kVA and greater than 15 kVA.

Three. Article 9(3) is amended to read as follows:

"3. Communication devices for remote reading shall be available for all type 1 and type 2 metering equipment, as well as for type 3 and type 4 metering equipment not corresponding to customer borders. For type 3 and 4 measuring points at customer borders remote reading shall be optional. Type 4 and type 3 measuring points that do not have communications for remote reading shall be prepared for connection of transmission, modem and line devices that allow remote reading. For type 5 metering points, the provisions of paragraph 7 of this Article shall apply.

Four. Article 9(7) is amended to read as follows:

"7. Recorders shall generally be installed at type 1, 2, 3 and 4 metering points and may be integrated into a combined meter or constitute a device independent of meters. Each recorder may store information from one or more measuring equipment, subject to the conditions laid down in the supplementary technical instructions.

The type 1, 2 and 3 measuring point recorder shall have the capacity to parameterise integration periods of up to 5 minutes, as well as to record and store the parameters required for the calculation of access or supply tariffs (active and reactive energy and power values), with the periodicity and aggregation required by the corresponding tariff regulation. When this does not require a shorter integration period, the active energy register shall be hourly.

Type 4 metering point equipment shall have six active energy registers, six reactive energy registers and six power registers. Likewise, the equipment shall have the capacity to program the necessary parameters for the billing of integral and access tariffs. Notwithstanding the above, the equipment shall have the capacity to parameterise integration periods of up to one hour, as well as to record and store hourly active and reactive energy curves for a minimum of 3 months.

The basic type 5 equipment shall allow hourly discrimination of the measurements, with the capacity to manage at least six programmable periods. For each period, the active and reactive energies (in the directions and quadrants where energy circulation is possible), the maximum hourly quarter power and the date and time of the maximum shall be recorded and stored. Notwithstanding the above, the equipment shall have the capacity to parameterise integration periods of up to one hour, as well as to record and store the hourly curves of active and reactive energy for a minimum of three months.

Five. Article 9.9 of the Unified Measurement Point Regulation is amended to read as follows:

"9. The equipment located at low voltage at type 3 and 4 borders may be integrated into the remote management and remote metering systems provided for in the previous point, provided that said equipment complies, in addition to the specifications of the remote management and remote metering system, with all the requirements established in these regulations and development standards for type 3, 4 and 5 metering points, whichever is more demanding in each case; with the exception of the communications protocols, which may be specific, in accordance with the provisions of section 3 of article 20 of these regulations".

Fourth final provision. Modification of Royal Decree 1699/2011, of 18 November, which regulates the connection to the grid of small power production facilities. Article 12.2 of Royal Decree 1699/2011, of 18 November, which regulates the connection to the grid of small electrical energy production facilities, is amended and shall be worded as follows:

One. Article 12.2 is amended to read as follows:

"If the rated power of the generation facility to be connected to the distribution grid is greater than 15 kW, the connection of the facility to the grid shall be three-phase with an unbalance between phases of less than 5 kW.

Likewise, in those cases of self-consumption in which the nearby and associated generation facilities are through the internal grid, if the consumption is three-phase, the connection of the generation facility must also be three-phase".

Two. Article 13.1 is amended, which shall be worded as follows:

"The connection shall be made at the point in the grid of the owner's network closest to the origin of his installation that allows the generating installation to be isolated from the electricity system, when so required.

The connection of generation that is connected at low voltage shall comply with the connection diagrams and modes of connection permitted in Royal Decree 842/2002, of 2 August, which approves the Low Voltage Electrotechnical Regulations, depending on the type of installation and its power. The generation that is connected at high voltage shall comply with the connection diagrams and modes of connection of Royal Decree 337/2014, of 9 May, which approves the Regulation of high voltage installations."

Fifth final provision. Regulatory development.
1. The Minister for Ecological Transition is authorised, with the prior agreement of the Government Delegate Commission for Economic Affairs, to issue as many provisions as may be necessary for the development of this Royal Decree, as well as to modify, by means of a ministerial order, its annexes.

2. In particular, by order of the Minister for Ecological Transition, following agreement by the Government Delegate Commission for Economic Affairs, Annex I shall be amended to develop the mechanisms and requirements necessary to allow the implementation of dynamic distribution coefficients for collective self-consumption or self-consumption associated with an installation through the grid.

Sixth final provision. Title of competence.
This Royal Decree is issued under the provisions of article 149.1.13 and 25 of the Spanish Constitution, which grants the State exclusive competence to determine the bases and coordination of the general planning of economic activity and the bases of the mining and energy regime, respectively.

Seventh final provision. Entry into force.
This Royal Decree shall enter into force on the day following its publication in the Official State Gazette.

Given in Madrid, on 5 April 2019.

FELIPE R.

The Minister for Ecological Transition,

TERESA RIBERA RODRÍGUEZ

ANNEX I

Calculation of energies and powers for billing and settlement purposes for collective self-consumption or self-consumption associated with an installation through the network The energies and powers for billing and settlement purposes defined in Article 3 of this Royal Decree shall be calculated in accordance with the following provisions:

1. The individualised net hourly energy generated by those subjects i that carry out collective self-consumption or consumption associated with a nearby installation through the grid, ENGh,i, shall be:

ENGh,i = βi - ENGh

Where:

ENGh: Total hourly net energy produced by the generator or generators.

βi: The coefficient of distribution of the energy generated among the consumers participating in collective self-consumption. For each consumer i participating in collective self-consumption, this coefficient will take the value that appears in an agreement signed by all the consumers participating in collective self-consumption and notified to the distribution company as the person in charge of reading the consumption. The value of these coefficients may be determined according to the power to be billed by each of the participating associated consumers, the economic contribution of each of the consumers for the generation installation, or any other criterion, provided that there is an agreement signed by all the participants and provided that the sum of these coefficients βi of all the consumers participating in the collective self-consumption is unity. In any case, the value of these coefficients shall be constant. The coefficient shall take the value of 1 in cases where there is only one consumer associated with a nearby installation via the grid.

The distribution undertaking as the meter reader shall apply the distribution coefficients βi contained in the signed agreement notified to it. In any case, these coefficients shall have fixed values for all the hours of a billing period. In the absence of notification of the distribution coefficient agreement to the meter reader, these coefficients shall be calculated according to the following formulation:

1

Where:

Pci: Maximum power contracted to the associated consumer i.

∑Pcj: Sum of the maximum power contracted by all consumers participating in collective self-consumption.

2. The individualised self-consumed hourly energy of those subjects that carry out collective self-consumption or consumers associated to a nearby installation through the grid, Eauth,i, of each of the i consumers will be calculated as follows:

a) If the individualised hourly energy consumed by the consumer is greater in absolute value than the individualised net hourly energy generated, the individualised hourly self-consumption will be the value of the individualised net hourly energy generated:

Eauth,i = ENGh,i

b) If it is lower, the individualised hourly self-consumption, Eauth,i, will be the value of the individualised hourly energy consumed by each consumer.

3. Where applicable, for self-consumption facilities with surpluses, in which there are several production facilities with a single net generation metering equipment, the distribution of the surplus hourly energy of generation discharged among each of the k production facilities participating in said collective self-consumption or nearby facilities through the grid shall be:

Vh,k = αk * (ENGh,k - ∑iEauth,i).

Where:

Vh,k: The hourly net discharge of installation k.

ENGh,k: is the hourly net energy produced by installation k.

αk: The distribution coefficient of the net hourly energy generated by installation k, which will be used in the absence of a definition of distribution coefficients by agreement signed by all the parties participating in collective self-consumption and notified to the distributor as the person in charge of reading the generation, provided that the sum of these coefficients of all the consumers participating in collective self-consumption is unity.

These coefficients shall be calculated according to the following formulation:

1

Where:

PIk: the installed power of installation k.

∑jPIj: sum of the installed power of the generation facilities.

4. In any case, the sum of the surplus hourly energy and the self-consumed hourly energy of all associated consumers must be equal to the total net hourly energy produced by the generator(s).

ANNEX II
Structure of the administrative register of self-consumption of electricity and of the data to be submitted by the Autonomous Communities and the Cities of Ceuta and Melilla The structure of the administrative register and the information exchange file shall be as follows:

Section one

Data on the holder of the supply point

Owner of the supply point.

NIF of the holder of the supply point.

Address of the holder (registered office).

Municipality/Postcode of the holder.

Province of the owner.

Country.

Holder's contact telephone number.

Holder's contact e-mail address.

Supply point data

CUPS of the supply.

Contracted power.

Voltage of the connection point.

Address.

Municipality/Postcode.

Province.

Cadastral reference of plot/construction.

Distribution company or, where applicable, transmission company to which it is connected.

Details of the generation installation

Generator technology in accordance with article 2 of RD 413/2014, of 6 June and, if applicable, fuel used.

Installed power of the generating equipment (KW).

Data on the storage facility (only if available).

Installed output power (kW).

Maximum energy stored (kWh)

Details of the representative submitting the communication (only if the communication is submitted by a representative)

Representative company (if any).

VAT number of the representative company.

Representative user of the company or operator.

TIN of the representative user.

Address (including postcode).

Telephone number.

E-mail address.

Electrical certificate of the Self-consumption Installation

Identification number/registration number of the Autonomous Community.

Type of self-consumption

Section

Subsection

Individual/Collective

2. Second section

Details of the holder of the supply point

Owner of the supply point.

NIF of the holder of the supply point.

Address of the holder (registered address).

Municipality/Postcode of the holder.

Province of the owner.

Country.

Holder's contact telephone number.

Holder's contact e-mail address.

Supply point data

CUPS of the supply.

Contracted power.

Voltage of the connection point.

Address.

Municipality/Postcode.

Province.

Cadastral reference of plot/construction.

Distribution company or, where applicable, transmission company to which it is connected.

Details of the generation facility

Owner of the generation facility.

NIF of the owner of the generation facility.

Address of the owner (registered office).

Municipality/Postcode of the owner.

Province of the owner.

Country.

Owner's contact telephone number.

Contact e-mail address.

Data on the generation facility

Generator technology in accordance with article 2 of RD 413/2014, of 6 June and, if applicable, fuel used.

Installed power of the generating equipment (KW).

Registration number in the administrative register of electricity production facilities under the Ministry for Ecological Transition. (if applicable)

CIL code (if applicable).

Data of the storage facility (only if available)

Installed output power (kW).

Maximum storable energy (kWh).

Details of the representative submitting the communication (only if the communication is submitted by a representative)

Representative company (if any).

VAT number of the representative company.

Representative user of the company or operator.

VAT number of the representative user.

Address (including postcode).

Telephone number.

E-mail address.

Electrical certificate of the Self-consumption installation

Identification number/registration number of the CC.AA.

Type of self-consumption

Section

Subsection (a/b1/b2 according to article 19)

Individual/Collective