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What it is

Support for cogeneration, faster renewable permits, and lower fuel VAT

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 26 September 2022. Introduced by: Gobierno.

Official title: Royal Decree-Law 17/2022, of 20 September, adopting urgent measures in the energy sector, in the application of the remuneration regime to cogeneration facilities, and temporarily reducing the rate of the Value Added Tax applicable to the supply, importation and intra-Community acquisition of certain fuels.

Source: Congreso de los Diputados, file 130/000089· updated 11 Nov

Automatic summary, not yet reviewed

  1. Cogeneration facilities located in peninsular Spain may give up their specific remuneration scheme in order to join the gas cost adjustment mechanism of 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. 10/2022. During the waiver they will not receive that remuneration, but they can ask to end the waiver early.
  2. Permit processing for renewable power plants is streamlined: the power margins that do not require a new permit are widened, the CNMC will have 15 days to issue its report and may issue favorable reports without detailed analysis in certain cases, and the consultation period with other administrations is cut in half.
  3. For preliminary registration in the registry, small differences of up to 5% between the declared capacity or power and the permits will be accepted, without requiring the documents to be amended before the final operating notification.
  4. New criteria are set to calculate allowable load levels on the electricity transmission grid, allowing a move from seasonal limits to monthly, daily or even hourly values, to make better use of the grid and avoid curtailment of renewable energy.
  5. From October 1 to December 31, 2022, the VAT on natural gas, biomass briquettes and pellets, and firewood drops from 21% to 5%.
  6. A demand response service is created for the peninsular electricity system, awarded through an annual auction and operating from November 1, 2022. In addition, if the electricity system closed 2021 with a surplus, that money will be used to cover 2022 imbalances, and until October 24, 2022, people affected by the La Palma eruption can again apply to suspend loan payments.

Who it affects

  • Companies with cogeneration facilities in peninsular Spain: They can waive their remuneration scheme to join the gas cost adjustment mechanism.
  • Renewable power plant developers: Faster permit processing and fewer requirements to modify their projects.
  • Household consumers of natural gas and heating fuels: They pay less VAT on their bills until December 31, 2022.
  • Large electricity consumers connected to the peninsular grid: They can take part as providers in the new demand response service.
  • People affected by the La Palma volcanic eruption: They can apply again to suspend loan and credit payments until October 24, 2022.

Words worth knowing

Cogeneración (cogeneration)
A facility that produces electricity and useful heat at the same time, making better use of energy.
Régimen retributivo específico (specific remuneration scheme)
A regulated payment certain facilities receive for producing energy efficiently, under Royal Decree 413/2014.
Mecanismo de ajuste de costes (cost adjustment mechanism)
A temporary system that caps the electricity price by compensating gas-fired plants for the extra gas cost.
Vertido (curtailment)
Renewable energy that cannot be carried by the grid and is lost.
IVA (VAT)
Value Added Tax: the percentage added to the price of goods and services.
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

Where it stands

How far did it get?

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

  1. Introduced26 September 2022Someone registers the text in the Congreso.
  2. Admitted4 October 2022The 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. Plenary4 October 2022All 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
Sept 202211. 26 September 2022: Presentación22. 4 October 2022: Calificación33. 4 October 2022: Pleno Convalidación desde 04/10/2022 hasta 27/10/202244. 27 October 2022: Concluido - (Convalidado) desde 27/10/2022 hasta 03/11/2022

27 October 2022

How did the plenary vote?

More votes against 167 yes · 178 no · 3 abst.

Voted on: Processing as a Government bill by the urgent procedure of Royal Decree-Law 17/2022, of 20 September, adopting urgent measures in the energy sector, in the application of the remuneration regime to cogeneration facilities, and temporarily reducing the rate of the Value Added Tax applicable to the supply, importation and intra-Community acquisition of certain fuels.

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 211· 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 Euskal Herria Bildu, Mixto, Ciudadanos, GPlu, Popular en el Congreso and VOX. Against, most of Republicano, Socialista, Vasco (EAJ-PNV) and Gcup-ec-gc. 10 deputies voted differently from their group.

By province: in 21 most voted in favour; in 18, against.

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

  • In favour: 21
  • Against: 18
  • Tie: 13
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 against
Socialista120
120 against
Vasco (EAJ-PNV)6
6 against
Mixto11
8 in favour · 3 against
Ciudadanos9
9 in favour
Gcup-ec-gc33
32 against · 1 did not vote
GPlu12
5 in favour · 4 against · 3 abst.
Popular en el Congreso88
88 in favour
VOX52
52 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 17/2022, of 20 September, adopting urgent measures in the energy sector, in the application of the remuneration regime to cogeneration facilities, and temporarily reducing the rate of the Value Added Tax applicable to the supply, importation and intra-Community acquisition of certain fuels.

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.