{"id":3715,"date":"2022-03-04T12:52:05","date_gmt":"2022-03-04T11:52:05","guid":{"rendered":"https:\/\/gavelsabogados.com\/?p=3715"},"modified":"2025-04-22T17:40:03","modified_gmt":"2025-04-22T15:40:03","slug":"cnmc-resolution-responding-to-inquiries-regarding-royal-decree-law-23-2021-on-urgent-energy-measures-for-consumer-protection-and-the-introduction-of-transparency-in-wholesale-and-retail-electricity-a","status":"publish","type":"post","link":"https:\/\/gavelsabogados.com\/en\/cnmc-resolution-responding-to-inquiries-regarding-royal-decree-law-23-2021-on-urgent-energy-measures-for-consumer-protection-and-the-introduction-of-transparency-in-wholesale-and-retail-electricity-a\/","title":{"rendered":"CNMC Resolution Responding to Inquiries Regarding Royal Decree-Law 23\/2021, on Urgent Energy Measures for Consumer Protection and the Introduction of Transparency in Wholesale and Retail Electricity and Natural Gas Markets"},"content":{"rendered":"

The CNMC<\/strong> (National Commission on Markets and Competition) published on 17 February 2022<\/strong> the following interpretative criteria regarding the consumer protection measures established in Royal Decree-Law 23\/2021<\/strong>, on urgent energy measures for consumer protection and the introduction of transparency in the wholesale and retail electricity and natural gas markets (\u201cRDL 23\/2021<\/strong>\u201d):<\/p>\n

1. Obligation to publish offer price information and submission to the CNMC:<\/strong><\/h3>\n

RDL 23\/2021 introduces into Article 46.1<\/strong> of the Electricity Sector Law a new paragraph (u), which states that suppliers must:<\/p>\n

\u201c(u) Publish transparent, comparable, adequate, and up-to-date information on the prices applicable to all offers available at any given time, and, where applicable, on the conditions relating to contract termination, as well as information on additional services required for contracting. This information must also be submitted to the National Commission on Markets and Competition, according to the criteria it establishes, so that it is available to all consumers through its online Energy Offer Comparison Tool.\u201d<\/strong><\/p>\n

RDL 23\/2021 strengthens an existing obligation in the Electricity Sector Law (LSE) already applicable to electricity suppliers. Specifically, Additional Provision Nine<\/strong> of Order ITC\/3519\/2009<\/strong>, of 28 December, which revised access tariffs effective from 1 January 2010 and the tariffs and premiums for special regime installations, established that the CNMC would manage a comparison system for electricity supply prices based on offers made by suppliers for groups of consumers, and that such a system would be accessible online to consumers. In compliance, the CNMC maintains a web-based offer comparison tool. The offers that, pursuant to said additional provision, must be communicated to the CNMC for inclusion are those aimed at groups of consumers, not those limited by tariff groups. Since suppliers generally offer standardised products for small or medium-sized consumers, the offer comparison tool includes electricity offers for low voltage<\/strong> consumers.<\/p>\n

In accordance with the aforementioned additional provision, the submission of information to the CNMC must be made in a standardised format at least ten days prior<\/strong> to the effective date or publication of the relevant offer. Suppliers with electricity offers for end consumers who are not yet registered must register by sending an email to comparadordeofertas@cnmc.es<\/a><\/strong> requesting access and providing the required documentation.<\/p>\n

As of the date of the CNMC’s Decision, the offer comparison tool only allows for the entry of fixed-price<\/strong> electricity offers in accordance with the structure defined in Circular 3\/2020<\/strong>. However, it is noted that the inclusion of flexible and indexed<\/strong> offers is under development.<\/p>\n

Under the introduced amendments, suppliers are obliged to publish transparent, comparable, adequate, and up-to-date information on the prices applicable to all available offers at any given time, and, where applicable, on the conditions related to contract termination, as well as information on additional services required for contracting. This information must be made available through all media in which the offers are advertised, and in any case, on their website. All non-personalised offers<\/strong>, which consumers may access based on their consumption characteristics, must be advertised. The type of offer (fixed, flexible, indexed, etc.), any applicable discounts, and their duration must be clearly indicated in the advertising medium.<\/p>\n

This publication obligation does not apply to personalised rates<\/strong>, which are those offered to a single consumer, with pricing conditions different from those offered to others. According to the CNMC, the following are not considered personalised rates<\/strong>:<\/p>\n