The establishment and regulation of the figure of consumer electrointensivo endowed this type of a framework that helps to mitigate the effects of the high costs of electricity to preserve the competitiveness of their companies. Among consumers electrointensivos include industrial undertakings for which it is intended to prevent their relocation in accordance with european standards.

The Royal Decree 1106/2020, of 15 december, which regulates the consumers electrointensivos, title III, lays the foundation for regulating the compensation mechanism “ consumers Electrointensivos charges for the financing of specific remuneration renewable and high-efficiency cogeneration and additional funding in the territories will ”, a programme of granting aid to offset some of the offices of the electricity bill electrointensivos consumers.

This compensation mechanism is based on the basis of the european commission's communication 2014/c200/01, on "guidelines for state aid in the field of environment and energy 2014-2020", so that they were notified and approved by the european commission.

On 27 january 2002, the european commission adopted the new guidelines on state aid in the field of climate change, protecting the environment and energy 2022, making it necessary to adapt the criteria of regulation of the compensation mechanism established posts in the above-mentioned Royal Decree 1106/2020, of 15 december, in line with this communication.

The new 'guidelines for state aid in the field of climate change, protecting the environment and energy 2022' adopted, as a novelty, changed the list of sectors that can access such aid and, in addition, distinguish between two types of sectors: sectors' significant 'risk of relocation and sectors ‘ at risk' of relocation.

With this classification, specifies the maximum aid intensity for sectors' significant 'risk of relocation which stood at 85 per cent of qualified costs, while for the sectors ‘ risk ’ in is only 75 per cent. However, the new Eu guidelines allow beneficiaries that are active in sectors ‘ risk ’ in assistance 85 percent of qualified costs if they meet certain obligations.

Moreover, provide for the possibility of granting additional aid above 85 per cent, or 75 per cent, those facilities that should bear annual costs for electrical system more than 0.5 per cent of its gross value added (VAB) in the case of sectors at risk 'significant' or 1% in the case of sectors ‘ risk ’ in, respectively.

In this context, it is necessary to adapt the regulation of the compensation mechanism established posts in the above-mentioned Royal Decree 1106/2020, of 15 december, to the new guidelines.

The objectives we strive to achieve with this rule is to be able to maintain the continuity of set-off consumers electrointensivos for the financing of support for electricity from renewable sources, high-efficiency cogeneration or extracoste compensation in the territories will for additional expenses incurred as of january 2002, adapting them further compensation mechanisms to the new 'guidelines for state aid in the field of climate change, protecting the environment and energy 2022'.

The aim of advocating initiative must necessarily dealt with through an alternative regulatory pursuant to royal decree, in accordance with paragraph 3 of the final disposition third of the royal decree 1106/2020, of 15 december, which sets out 'from the date of amendment' guidelines on state aid in the field of environment and energy 2014-2020 ', adopted by european commission's communication 2014/c200/01, the government, pursuant to royal decree, adapted the compensation mechanisms electrointensivos consumers for the financing of support for electricity from renewable sources, high-efficiency cogeneration or extracoste compensation in the territories will, in the terms and for the sectors of the policy of the european Union'.

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