Spain updates its energy and telecom laws to meet EU rules

Automatic summary, not yet reviewed

1. This royal decree-lawroyal decree-law A rule with the force of law that the Government passes because it is urgent. It applies from its publication, but the Congreso must validate it within 30 days or it lapses. incorporates several European directives on electricity, gas and electronic communications into Spanish law, to close infringement procedures opened against Spain and avoid financial penalties.
2. In the electricity sector, the separation between network activities (transport and distribution) and generation and supply activities is reinforced. The transmission network operator must first be certified by the National Energy Commission.
3. The figure of the vulnerable electricity consumer is introduced: until the Government defines it, vulnerable consumers are those entitled to the social bonus. Retailers must offer a free phone service for these consumers.
4. For gas, ownership separation is required for transmission network operators: they may not belong to groups with production or supply activities. Companies that already owned trunk network facilities before September 3, 2009 may hand over management to an independent system operator.
5. In telecommunications, user rights are strengthened: switching operators while keeping the number within a maximum of one working day, better contract information and stronger personal data protection.
6. Websites must obtain the user's consent before installing cookiesCookies Files or programs that a website stores on your computer to keep and access information. or other programs that store or access information on the user's device.
7. To correct the electricity system deficit, the payments for electricity distribution and transport activities are reduced, and several payments and incentives to power plants are capped for 2012.
8. The processing of new LNG regasification plants in mainland Spain and of new gas transmission pipelines is suspended until a new energy plan adapted to falling demand is approved.

Who it affects

• Electricity and gas consumers: They gain information and protection rights, especially vulnerable consumers, although the adjustment measures may affect the network charges they pay.
• Phone and internet users: They can switch operators within one working day keeping their number, with more information and data protection.
• Electricity and gas companies: They must separate network activities from production and supply, and see their payments reduced in 2012.
• Telecommunications companies: New obligations on network security, data protection and deadlines for operator switching.
• Internet users: Websites must warn and ask permission before using cookies.

Words worth knowing

Real decreto-ley (royal decree-law)

A rule with the force of law that the Government can approve urgently, without first going through Parliament, in situations of extraordinary and urgent need.

Directiva europea (European directive)

A European Union rule that requires member states to adapt their laws to achieve a specific result.

Separación patrimonial (ownership separation)

A requirement that whoever owns the transmission networks may not belong to companies that produce or sell energy, to avoid favoritism.

Peaje de acceso (access charge)

The price paid for using the electricity or gas networks, which funds the regulated costs of the system.

Cookies

Files or programs that a website stores on your computer to keep and access information.

royal decree-law

A rule with the force of law that the Government passes because it is urgent. It applies from its publication, but the Congreso must validate it within 30 days or it lapses.

decree-law

A rule with the force of law that the Government passes because it is urgent. It applies from its publication, but the Congreso must validate it within 30 days or it lapses.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries