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En En Notice to Members European Parliament 2014-2019 Committee on Petitions 7.6.2019 NOTICE TO MEMBERS Subject: Petition 1606/2010 by Francisco Padrino Pérez (Spanish), on alleged broken promises by the Spanish government concerning investment in photovoltaic energy Petition 0454/2011 by Guzzardo Baldassare (Spanish), on alleged distortion of the electricity market in Spain Petition 0172/2013 by Eduard Rabal Vidal (Spanish), on the renewable energy sector in Spain Petition 0430/2013 by Jorge Barredo (Spanish), on behalf of Unión Española Fotovoltaica, bearing 14 signatures, on the framework for renewable energy sources in Spain Petition 0709/2013 by Miguel Ruperez Marco and Elena Caminero Muñoz (Spanish) on behalf of Dulcinea Solar 61 and 62, bearing 2 signatures, on the framework for renewable energy sources in Spain Petition 1264/2013 by Alejandro Fernandes Lorenzo (Spanish), on behalf of public campaign on Change.org, on Renewable energy tax Petition 1481/2013 by Piet Holtrop (Spain), on actions of the Spanish government contrary to the aims of the Directive 2009/28/EC Petition 1552/2013 by O. S. (Spanish) on the use of solar panels in Spain Petition 2229/2013 by Maria Jesus Caubilla Mallen (Spanish) on an attempt to charge for the use of alternative energy in Spain Petition 2378/2013 by John Parsons (British) on taxation of solar power Petition 2617/2013 by John Porro (British) on retroactive application of a law CM\1184675EN.docx PE485.956v04-00 EN United in diversityEN in Spain in the field of renewable energy Petition 1887/2014 by A. M. J (Spanish) against taxation on solar energy Petition 2520/2014 by Miguel Angel Martínez Aroca (Spanish), on behalf of the Asociación Nacional de Productores e Inversores de Energías Renovables (ANPIER) [National Association of Renewable Energy Producers and Investors], on the situation of the photovoltaic sector and the legality of the changes made to the law by the Spanish government Petition 0384/2015 by F. A. (Spanish) on tax regulations relating to solar power generation Petition 0395/2015 by J.S. (German) on the reduction of the legal feed-in payment for electricity produced in Spain by solar energy Petition 1228/2015 by Yaiza Garcia Rodriguez (Spanish) on the new tax on energy auto-consumption 1. Summary of petition 1606/2010 The petitioner says that he believed himself encouraged by the present Spanish government to invest in photovoltaic energy. He did so pursuant to Royal Decree No 661/2007, believing it was promised that he would derive financial benefit from this investment and that it was a means of making Spain less dependent on environmentally harmful energy sources. The legislation then adopted promised advantageous tariffs for the first 25 years of operation and approximately 80% in the following years. The petitioner complains that his expectations were frustrated by the subsequent legislation passed by the same government, notably Royal Decree No 14/2010, which revoked many of the previous objectives. He believes his savings have been invested to no avail. He adds that there are 50 000 investors in the sane situation and there is general discontent: the feeling is that in reality the rule of law does not prevail in Spain, where promises lead to nothing. Summary of petition 0454//2011 By reference to several press articles the petitioner alleges that the electricity market in Spain is distorted and that the government and national regulator are failing to act. He also points to legal insecurity in his country Summary of petition 0172/2013 The petitioner warns that energy companies and the Spanish Government are hindering the development of renewable energies in Spain. He asks the European Union to ensure that Spanish Royal Decree 1699/2011 is finally implemented. Summary of petition 0430/2013 Petitioners denounce that the government of Spain has in recent years enacted legislation PE485.956v04-00 2/25 CM\1184675EN.docx EN which infringes Directive 2009/28/EC on the promotion of the use of energy from renewable sources. Specifically, petitioners point to Royal Decree 1565/2010, Royal Decree Law 14/2010, Royal Decree Law 1/2012, Law 15/2012 and Royal Decree Law 2/2013, which they allege do not legitimately pursue the reduction of Spain's public deficit. Petitioners denounce that the overall framework does not promote renewable energy, does not guarantee legal security, and that it discriminates amongst technologies and investors in the electricity sector. Summary of petition 0709/2013 Petitioners denounce that the government of Spain has in recent years enacted legislation which infringes Directive 2009/28/EC on the promotion of the use of energy from renewable sources. Specifically, petitioners point to Royal Decree 1565/2010, Royal Decree Law 14/2010, Royal Decree Law 1/2012, Law 15/2012 and Royal Decree Law 2/2013, which they allege do not legitimately pursue the reduction of Spain’s public deficit. Petitioners denounce that the overall framework does not promote renewable energy, does not guarantee legal security, and that it discriminates amongst technologies and investors in the electricity sector. Summary of petition 1264/2013 The petitioner draws the attention to the tax imposed on those who decide to generate their own electricity through photovoltaic or wind energy. The tax (so called “backup toll”) would be so high that it would indeed be cheaper to have a contract with a large electricity supplier company. The petitioner is alleging the corruption of politicians as a reason for this. He claims that many of those who lose their political seat end up working for electricity or a gas company. Thus, the Spanish government is still more eager to help coal industry and remove the support to the renewable energies. The petitioner claims that at the time of writing there have been around 30.000 signatures supporting this petition on www.Change.org. He is asking for the EP’s support, too. Summary of petition 1481/2013 In the petitioner's opinion certain measures taken by the Spanish government in the last years threatens the development of sources of renewable energy and are contrary to the principles of legal certainty and legitimate expectations. Therefore the steps taken by the Spanish government, damaging the legal security of investments in renewable energy and contrary to promotion of this kind of energy sources put at risk achieving by Spain the environmental objectives established by the Directive 2009/28/EC. Summary of petition 1552/2013 The petitioner refers to a law in Spain which requires users of electricity from their own solar panels to use far more expensive electricity generated by the conventional central method. According to the petitioner, this law is contrary to the EU’s policy of reducing the use of fossil fuels and encouraging the use of renewables. The law also penalises people who seek to generate and use energy in a responsible manner. Moreover, the petitioner considers that he has the right to decide what energy source to use. Summary of petition 2229/2013 CM\1184675EN.docx 3/25 PE485.956v04-00 EN The petitioner states that in Spain an attempt is being made to charge people if they wish to make use of an alternative energy source at their home or business. As a result, people are confined to using a single type of energy, whereas everyone should have the opportunity to choose their energy source for themselves and to decide how many different sources they wish to use. According to the petitioner, these measures are detrimental to environmental protection. Summary of petition 2378/2013 The petitioner, a British resident in Spain, states that, in Spain, people have started to remove their solar panels because a proposed new taxation of solar power has been introduced which will further undermine the ability of Spain to respect the EU renewable energy targets and which, according to him, will amount to taxing the sun even though in the past the same public authorities encouraged and sometimes subsidised households wishing to produce their own solar energy. The petitioner considers that such proposals could amount to a breach of EU rules anad objectives on sustainable energy anf reducing the carbon footprint of Member States. Summary of petition 2617/2013 The petitioner demands that the costs he has invested in the solar power equipment which result in losses be returned to him. He claims that a law has been introduced in Spain retroactively which undermines self-generated electricity from solar panels to be used as an alternative source of energy to the State provided one. He feels be is being discriminated against for generating his own electricity. He has invested in this system in good faith and now he feels being punished. Summary of petition 1884/2014 The petitioner explains that her local government imposed a tax on people acquiring solar energy. She is outraged that she has to pay whereas she uses her own energy, from an inexhaustible source that is a common good, all the more as it respects the environment. According to her, this tax favours the electricity companies, which have agreements with the Spanish government. Summary of petition 2520/2014 The petitioner wants the European Parliament to investigate the situation that has been created in the photovoltaic energy sector as a result of the changes made to the law in Spain in recent years. The most effective regulation for promoting renewable energies in Spain was that enacted under Royal Decree (RD) 661/2007, which effectively introduced the FIT “feed-in tariff” scheme of premiums for generating electricity. 2008 brought new regulations limiting the remuneration of renewable energies, initially only for solar photovoltaic (PV) power facilities, but subsequently extended to cover all renewable energy sources. In 2009 the cost of the premiums payable on solar PV energy accounted for 45 % of the total cost of special regime premiums, but solar PV energy was the source of only 9 % of the electricity generated with renewable energies.
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