Range of the Standard:
Royal Decree of cabine
Character of the query:
Type of participation:
Prior public consultation

Background of the norm

The Royal Decreto-ley 23/2020, of 23 june, certain measures on energy and other Areas for economic recovery, introduces a empowerment the government's efforts to establish regulatory test that will add new features, exceptions or regulatory safeguards that will contribute to facilitate research and innovation in the area of the electricity sector.

In this way, paragraph 11 of its article four amending act 24/2013, of 26 december, the power Sector, to add the following twenty-third additional provision:

"under this law and with the aim of achieving the objectives set forth therein, as well as the objectives of energy and climate and environmental sustainability, may be established regulatory test in which to develop pilot projects in order to facilitate research and innovation in the area of the electricity sector.

To that end, these pilot projects should be protected by a call made by a royal decree of the government. In this call, they may establish particularities and, if any, certain exemptions of the regulations of the electricity sector, without prejudice to the principle of economic and financial sustainability of the electrical system. Projects should be limited in terms of the volume, time and "Geographical scope.

Problems to be solved with the new standard

The speed with which there are changes in the electricity sector requires an environment conducive to research and innovation in the same. However, often innovative projects are with regulatory barriers which hamper the development of evidence and models that ways to determine if it can be Useful To amend the regulation with a general nature or the functioning and usefulness of a particular model or a technology.

To do this, at times can be made exceptions in the legislation that would enable innovative projects should be controlled through regulatory test. That is why this proposal for a royal decree seeks to establish the normative development of this figure, which was introduced as seen by the royal Decreto-ley 23/2020, of 23 june.

Furthermore, the electricity sector is currently in a transformation that will require a large number of amendments to regulatory tackle successfully energy transition and decarbonisation. In this regard, the figure of banks of regulatory evidence may be interesting, to invigorate the innovative activity and to encourage the learning and regulatory dialogue, resulting in a regulatory framework able to better adapt to new needs.

The above-mentioned must be carried out at all times to ensure the quality and security of supply, the absence of risks to the electrical system and its economic and financial sustainability, as well as the protection of consumers.

Need and opportunity for approval

With this proposal for a royal decree seeks to develop both additional this provision, twenty-third of act 24/2013, of 26 december.

This need has also been reflected in the recovery Plan, transformation and Resilience, 8, component electrical Infrastructure, promotion of smart grids and deployment of the flexibility and storage. In particular, its reform C8.R4, devoted to “ Sandboxes or banks regulatory evidence ”, refers to the possibility of introducing a controlled manner developments, exceptions or regulatory safeguards which allow the development of new pilot projects, with the objective of promoting research and innovation in the electricity sector.

Objectives of the norm

  • Facilitate research and innovation in the area of the electricity sector.
  • Regulatory fostering learning and better regulation.
  • Contribute to achieving the objectives of energy, climate and environmental sustainability.
  • Achieving the objectives of the recovery Plan, transformation and Resilience.

Possible alternative solutions, regulatory and non-regulatory

In accordance with the twenty-third additional provision of act 24/2013, of 26 december, the call that affords protection to the test must be performed by regulatory royal decree.

In any case, the alternative to regulate the practice of regulatory test would imply that the use of innovative projects would have to wait to start to the adoption of regulatory reforms. this way not only slows innovation, but also lose the opportunity to incorporate in the regulation lessons learned from this experimentation, something that is particularly important in an area as fluctuant as is currently the electricity sector.

Remission deadline

Deadline for submitting arguments until the day Wednesday, September 15, 2021

Submission of allegations

The allegations of this public consultation prior to the secretariat of state of energy, throughthis form.

In general, the replies shall be regarded as non-confidential and free dissemination of the parties that are considered as confidential shall be specifically identified and delimited in the commentaries, motivating the reasons for such qualification.