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The Electric Decree
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The Spanish Government approves a package of measures to protect customers of electric companies, including banning commercial calls

The new Royal Decree, promoted by the Ministry for Ecological Transition and Demographic Challenge, provides that electrodependents and vulnerable persons may not be suspended from electricity even if they do not pay, and suspension of contracts shall not generally be punishable.  Penalties are also provided for companies for violations of the rules.

Dorre elektrikoa elektrizitateta argindarra electricidad torre eléctrica
An electric tower. Photo: Europa Press.

The Council of Ministers, at the request of the Ministry of Ecological Transition and Demographic Challenge, has adopted by Royal Decree theGeneral Regulation on the Supply, Marketing and Association of Eclectic Energy, which allows electricity companies to be fined up to EUR 6 million if they fail to comply with the rules.

The Third Vice-President of the Spanish Government and Minister for the Ecological Transition and the Demographic Challenge, Sara Aegesen, has explained that this decree is a "fundamental step towards modernizing and adapting theelectricity system "and that, in addition to" strengthening consumer protection ", due to the complexity of the issue, it guarantees "fair and transparent access to the market" that often creates mistrust among consumers.

In order to avoid 'spam' by telephone, the text generally prohibits telephone callsfor advertising or hiring practices, unless the consumer has expressly requested them or calls the company itself. 

In any case, companies will have to carry a specific prefix so that the consumer knows it's a commercial call, and if you call a customer who was asked not to use that prefix or not to be called, telecommunications companies will have to block that number. 

In the event of a change in the terms of the contract or a change in prices as a result of a new contract, the company shall submit to the consumer an independent document summarizing the effects on the final bill and containing a table comparing the prices before and after the modification.

Electrodependent protection

The Autonomous Communities and local authorities may consider the provisions of the beneficiaries of the social electricity bond to be essential in order to avoid a power outage in the event ofnon-payment, and the suspension of the supply of electro-dependent consumers is prohibited.

Similarly, the rebilling following reading errors shall be reviewed. If it is in favour of the customer, the company shall return the amounts wrongly invoiced on the following invoice, applying the corresponding interest plus 1.5%. If it is in favour of the marketer, it shall be distributed proportionally for months equal to the months that have elapsed since the error, for a maximum period of one year.

No penalty for suspension of contract

Households and small and medium-sized enterprises (SMEs) with a contracted power of less than 15 kW may terminate their contracts without penaltyat any time, provided that this is not done before the first annual extension of a fixed-price contract in the free market, in which case the maximum penalty shall be 5% of the energy to be invoiced in that year.

Where a vulnerable consumer requests a change to the Voluntary Price of the Small Consumer (PCTI), he or she may not be punished, even in the services contracted together with the electricity supply.

In the case of leases of dwellings, PCTI may be subrogated by the mere request of the actual energy user to change the name of the contract, which shall also apply to women victims of gender-based violence and sexual violence residing in the home who are not holders of the contract.

Customer Advocate and Free Care Service

The decree also strengthens consumer complaints to suppliers, who must have a free customer service, which must be dealt with within a maximum of 15 days.

Marketers shall have four months to adapt to many provisions, and failure to comply with consumer protection obligations may result in fines ranging from EUR 600 000 to EUR 6 million .

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