News in relation to the procedure for the withdrawal of access and connection permits to be carried out under the provisions of Article 1.2 of RD-ley 23/2020, which establishes the following:
“The holders of access permits and, where appropriate, access and connection permits who have obtained such permits after 27 December 2013, and before the entry into force of this royal decree law, and those who, having applied before the entry into force of this royal decree law, have not yet obtained them, may renounce their access and connection permits or, where appropriate, the application submitted, within three months of the entry into force of this Royal Decree-Law, and shall return the financial guarantees submitted in order to process the application for access to the transmission and distribution networks”.
In response to the consultations on interpretative doubts about RD-law 23/2020 raised by UNEF with MITECO, it had been initially informed that it was sufficient to communicate the withdrawal to the competent body for the authorisation of the project whose access and connection permits (requested and/or granted) were the subject of the withdrawal.
In this context, MITECO has updated this week its FAQ’s section, highlighting the following
In accordance with the provisions of Article 1 of Royal Decree Law 23/2020
“In the case of access permits granted or requested after the entry into force of Law 24/2013, of 26 December, and before the entry into force of Royal Decree Law 23/2020, of 23 June, the holders may renounce their access and connection permits or, where appropriate, the application submitted, within a period of three months from its entry into force, proceeding to the return of the economic guarantees presented to process the application for access to the transport and distribution networks”.
Therefore, if the requirements for resignation have been met, it may submit its resignation to the corresponding system operator within three months of the entry into force of Royal Decree Law 23/2020.
- In order to request the return of the guarantee, you may do so before this DGPEM by accrediting that you have renounced the access and connection permits or the application for them within the required period.
In accordance with the provisions of Law 39/2015, of 1 October on the Common Administrative Procedure of Public Administrations, the application must comply with the requirements established in Article 66.1 of Law 39/2015, of 1 October.
According to this new information, in order for the waiver to be valid:
- The system operator (transmission or distribution, as appropriate) must be notified by 25 September.
- Once the notification of the withdrawal to the network operator has been made, the withdrawal must be communicated to the substantive body with a copy of the communication made to the network operator and with a request for authorisation of the return of the guarantee of access associated with the project.
If in the past you have communicated the withdrawal only to the substantive body in line with the response that had been provided, we recommend that you communicate it again in the terms that have been indicated above.
Source: Unef
