On December 28, 2023, Article 23 bis of Royal Decree 1183/2020 (RD 1183/20) was amended. This amendment mandates that energy consumption or demand facilities must present economic guarantees to request access and connection permits for transport or distribution networks.
Future investors and developers of energy projects in Spain should pay close attention to this new requirement, as it is a game changer that deserves thoughtful consideration. Previously, only generation and storage facilities were subject to this obligation (link 34 2024).
Amount of the Economic Guarantees
According to Article 23 bis of RD 1183/20, permit applicants must provide proof of depositing an economic guarantee equivalent to €40/kW before submitting their request for access and connection to either transport or distribution networks.
This amount may be adjusted if the granted capacity increases or decreases, depending on the capacities allocated to the applicant and the capacity of the transport and distribution networks.
The same article exempts demand facilities with connection points below 36 kV from the obligation to present these guarantees.
Deposit of Economic Guarantees
As with generation and storage facilities, RD 1183/20 requires applicants to deposit economic guarantees for consumption and demand installations with the energy authority of the autonomous community where the facility is located.
Demand installations in territories spanning more than one autonomous community or with a capacity exceeding 50 MW must deposit the economic guarantee with the General Deposit Box. In such cases, the General State Administration will approve the facility.
Resolution Timeline
The authority at the state or regional level has three months to assess the adequacy of the economic guarantee, starting from the submission or rectification of the application.
If the authority does not respond within this period, as stipulated by Law 24/2013 of December 26, the application will be deemed rejected due to administrative silence.
Refund of Economic Guarantees
Applicants must initiate the refund process for economic guarantees with the same authority with which they made the deposit. Typically, applicants must provide proof of the execution and formalisation of the access contract for at least 50% of the granted access capacity.
Delays in processing these refunds are common, as competent authorities often fail to expedite the procedure. Therefore, submitting complete documentation within the stipulated timeline is crucial to avoid unnecessary delays.
Conclusion
New projects in Spain must consider that obtaining access and connection permits for energy consumption and demand facilities requires providing economic guarantees.
Effective financial planning is crucial before investing in the project, and professionals should supervise both the deposit and refund processes.
At Mariscal Abogados, we offer comprehensive support for depositing and refunding economic guarantees, ensuring an efficient process for energy investors and developers in Spain.
If you need legal assistance concerning economic guarantees for energy consumption and demand facilities in Spain,
