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What it is

New division of powers between the Government and the energy regulator

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 12 January 2019. Introduced by: Gobierno.

Official title: Royal Decree-Law 1/2019, of 11 January, on urgent measures to adapt the powers of the National Commission on Markets and Competition to the requirements derived 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, on common rules for the internal market in electricity and natural gas.

Source: Congreso de los Diputados, file 130/000056· updated 11 Nov

Automatic summary, not yet reviewed

  1. The Government may set energy policy guidelines that the National Markets and Competition Commission must take into account when approving its regulatory circulars on energy. The Commission will report its drafting plans to the Ministry each year by October 1.
  2. A Cooperation Commission is created to resolve by agreement any disagreements between the Ministry for the Ecological Transition and the National Markets and Competition Commission. It will have three representatives from each side, and its conclusions will be recorded in minutes.
  3. The law that created the National Markets and Competition Commission is amended to give it new duties: approving methodologies and values for tolls and remuneration of electricity and gas transmission and distribution, supervising investment plans, setting rules for organized markets, and inspecting the sector.
  4. The electricity and hydrocarbons sector laws are amended to divide powers: the Commission approves tolls, fees, grid access conditions and sanctions within its scope, while the Government keeps charges, underground storage and emergency situations.
  5. Law 18/2014 is amended so that the Commission sets the financial return rates for transmission, distribution and liquefied natural gas plants, subject to a maximum cap set by law for each six-year regulatory period.
  6. An orderly transfer of duties is planned: the Commission will take over approval of tolls and remuneration from January 1, 2020, and the new methodologies must be applied gradually over a maximum of four years.

Who it affects

  • Electricity and gas consumers: Bills must break down tolls and charges, and the new methodologies will be applied gradually.
  • Electricity and gas companies: Their remuneration, tolls and grid access conditions will largely be approved by the National Markets and Competition Commission.
  • National Markets and Competition Commission: It gains regulatory, supervisory, inspection and sanctioning powers, though subject to Government guidelines.
  • Ministry for the Ecological Transition: It may set energy policy guidelines and keeps powers over charges, underground storage and emergencies.

Words worth knowing

Circular normativa
A rule approved by the regulator to develop technical details of the energy sector.
Peaje de acceso (access toll)
Money users pay for using the electricity or gas networks.
Cargos (charges)
Part of the bill that funds system costs not linked to network use.
Tasa de retribución financiera (financial return rate)
The return companies are granted for investments made in the networks.
Periodo regulatorio (regulatory period)
A six-year stage for which remuneration parameters are set.

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

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced12 January 2019Someone registers the text in the Congreso.
  2. Admitted22 January 2019The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary22 January 2019All 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Jan 201911. 12 January 2019: Presentación22. 22 January 2019: Calificación33. 22 January 2019: Pleno Convalidación desde 22/01/2019 hasta 13/02/201944. 13 February 2019: Concluido - (Convalidado) desde 13/02/2019 hasta 20/02/2019

13 February 2019

How did the plenary vote?

More votes against 174 yes · 176 no

Voted on: Processing as a Government bill by the urgent procedure of Royal Decree-Law 1/2019, of 11 January, on urgent measures to adapt the powers of the National Commission on Markets and Competition to the requirements derived 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, on common rules for the internal market in electricity and natural gas.

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 3 of sitting 170· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Ciudadanos and Popular en el Congreso. Against, most of Socialista, Vasco (EAJ-PNV), Mixto, Gcup-ec-em and GER. 8 deputies voted differently from their group.

By province: in 24 most voted in favour; in 14, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 24
  • Against: 14
  • Tie: 14
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
2 in favour · 82 against
Vasco (EAJ-PNV)5
5 against
Mixto19
6 in favour · 13 against
Ciudadanos32
32 in favour
Gcup-ec-em67
67 against
GER9
9 against
Popular en el Congreso134
134 in favour

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Royal Decree-Law 1/2019, of 11 January, on urgent measures to adapt the powers of the National Commission on Markets and Competition to the requirements derived 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, on common rules for the internal market in electricity and natural gas.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.