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Resolution Of 5 April 2017, Of The Institute For The Diversification And Saving Of Energy, Which Is Published The Resolution Of 6 March 2017, Of The Board Of Directors, Which Establishes The Regulatory Bases Of The Second...

Original Language Title: Resolución de 5 de abril de 2017, del Instituto para la Diversificación y Ahorro de la Energía, por la que se publica la Resolución de 6 de marzo de 2017, del Consejo de Administración, por la que se establecen las bases reguladoras de la segunda...

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eet the conditions for obtaining them. Therefore, the mere fact of carrying out the behaviour laid down in the standard and fulfilling the conditions and requirements must be granted, provided that the loans previously awarded have not exceeded the available budget or the term of the line has expired. This determines that they are procedures initiated at the request of the person concerned, in contrast to the competitive competition procedure, which is a procedure which starts on its own initiative, in accordance with Article 23 of Law 38/2003 of 17 November, General of Grants, which does not make possible its public call. The typology of projects to which the aid covered by these bases is directed corresponds to specific and defined measures which do not require an assessment and a comparison between them in order to meet the objectives of the environmental improvement, CO2 emissions reduction and energy efficiency, given that it is a matter of encouraging the realisation of projects that meet predetermined requirements in the field of energy efficiency and improvements environmental, with a significant effect on the reduction of CO2 emissions, resulting from capital The importance of establishing this concession procedure as long as it is necessary to speed up the fulfilment of the objectives of saving and the policies of improvement of the environment and of the energy efficiency to which the Spanish State is obliged to Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 /125/EC and 2010 /30/EU and repealing Directives 2004 /8/EC and 2006 /32/EC, which requires Member States to take on the objectives of improving energy efficiency in the Year 2020.In this Directive, each Member State is generally required to comply with the energy efficiency measures laid down in this Directive, and not only to implement them, of course at national level, but also to inform the European Commission of such compliance and to plan what measures are to be taken in this area in the future.

To this end, in order to ensure compliance with the first of the obligations outlined above, the obligation of the Member States to inform the European Commission of the progress made in the previous Directive is laid down in the previous Directive. energy efficiency, with competence in the preparation and preparation of such information, by the State, in accordance with Article 24.1 of Directive 2012/27/EU, which states that: ' By 30 April each year at the latest From 2013 onwards, Member States will report on the progress achieved in relation to the national energy efficiency targets, in accordance with the provisions of Part 1 of Annex XIV. The report may form part of the national reform programmes referred to in Council Recommendation 2010 /410/EU of 13 July 2010 on general guidelines for the economic policies of the Member States and of the Union. '

In the same sense, in order to comply with the second obligation of those mentioned above, regarding the need to plan the measures to be carried out in the future on these issues, Article 24.2 of the Directive provides for the following: " By 30 April 2014 at the latest, and every three years thereafter, Member States shall submit national action plans for energy efficiency. (...) ".

Therefore, the need to control energy efficiency throughout the EU and to ensure that, in addition to the existence of other measures, the need to inform the European Commission of energy efficiency is required by the Directive. the annual form of progress achieved and the development of future action measures, through national action plans. In both cases, the competence for the fulfilment of these obligations lies with the Member State, and within the Member State, its central government, because otherwise, it would not be possible to ensure the proper implementation of these obligations. In the same vein, the previous Directive also provides for this line, the publication of the national strategy, to be published on 30 April 2014 and which should be updated every three years, in the framework of the National Action Plans for the energy efficiency, which we have just referred to.

Consequently, all these are competences that necessarily correspond exclusively to the State, which is the one who can best have all the means and the precise data to know the general situation in all the the territory of the State of the energy efficiency measures adopted, including those relating to "aid for the renovation of municipal lighting installations", since their powers extend to the the territory of all the CC.A.A., in such a way as to be attributed to it and a greater knowledge of the general situation in this respect. This does not mean that the Administration is responsible for implementing the National Action Plan for Energy Efficiency, which is required by Article 24.2 of Directive 2012 /27/EU.

In addition, it is important to note that the previous Directive, like all such rules, was transposed into national law, with this being an obligation which falls exclusively to the administration of the State, which made not only the Directive but all the obligations arising from it to the State Administration, as was the case in particular, the elaboration of the National Energy Efficiency Action Plan 2014-2020.

Therefore, in order to achieve the objective set out in that Directive better and thus be able to comply with the requirements imposed by the EU, the competition to establish such an aid scheme may only correspond to the State, as a result the pluriregional aspect which, by its very nature, includes the State Administration and which allows it to know more about the needs, the situation and the existence, in short, of all the facilities to which it can be applied aid for the renewal of its energy efficiency.

This aid program will be managed by the Institute for Energy Diversification and Savings, as manager of the National Energy Efficiency Fund, a function that is attributed to it in Article 73 (2) of the Law 18/2014, of October 15, of approval of urgent measures for growth, competitiveness and efficiency.

Also, the budget of this Program will not come from appropriations for grants from the General Budget of the State, but from the National Energy Efficiency Fund, made up of contributions from the the annual private gas and electricity trading companies and the operators of petroleum products and liquefied petroleum gases.

According to the established constitutional case-law in the field of public aid, in this resolution, the circumstances that aid the centralization of the aid are given, according to the "fourth assumption" of the judgment of the Court of Justice 13/1992, of 6 February, in its Legal Foundation 8.d). In other words, the aid can be managed exceptionally by an organ of the State Administration or the Agency. However, it is only possible when the State has any competence, generic oU) 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund, lays down in Article 5 of the European Regional Development Fund the eligibility of investments for investment In order to encourage the transition to a low-carbon economy in all sectors, the present aid programme, which is considered to be global, will also actively contribute to environmental sustainability through the reduction of the level of CO2 emissions, social cohesion and the improvement of the quality of life of the citizens in urban spaces.

In the selection of actions to be financed with European funds, the criteria for the selection of operations to be approved by the Monitoring Committee for the implementation of the ERDF Operational Programme will be followed. Sustainable Growth 2014-2020.

Also, the loans will be granted to those applicants who mclass="parrafo">Both routes (Certificates and Fund) must guarantee the same possibilities of obtaining and enjoyment by their potential recipients throughout the national territory, as they are their final customers, as long as they are intended establish a correlative correspondence with the equivalent economic contribution to be made by the obliged subjects. For this reason, this aid programme, which is financed from the National Energy Efficiency Fund, is organised in a similar way to the one that would follow the system of "energy saving certificates", where the actions to be carried out by the most 500 obliged subjects would have a supra-territorial scope for business and customer action, not being subject to territorialisation, and where their cumulative energy saving target of 15,979 ktep would also not be territorialised, distribution at national level between the energy consumer sectors (industry, transport and miscellaneous uses).

In the third and last place, the aid is centrally managed by the IDAE in order to prevent the total amount of funds allocated to the sector from being exceeded because, if the aid is to be territorialised, it is, As demonstrated above, it would have specified the allocation of a maximum and limited budget for each Autonomous Community which, although it would have prevented the overall amount of the existing funds in the Communities from being exceeded However, it would have prevented the application of the whole of the budget from the call due to the Autonomous Communities which would have submitted a lower demand for applications, seriously compromising the achievement of the energy saving and efficiency objectives that Spain has established at European level.

The IDAE, in its condition as a private business public entity, and in accordance with the provisions of Article 2.2 (b) of Law 39/2015 of 1 October 2015, of the Common Administrative Procedure of the General government, subject only to its activities as provided for in that legal text in so far as it specifically establishes in respect of private law entities as well as, in any case, when exercising administrative powers, by submitting to the rest of their activity to what their standards of creation have. Therefore, the activity which is the subject of the aid which is governed by these bases does not derive from the exercise of administrative powers, but from an activity of promotion, which is why it is an activity subject to private law and therefore the referred to in Law 39/2015 of 1 October 2015 does not apply, except as specifically provided for private law entities in the same.

In this context, and in accordance with the provisions of Article 3.2 of Law 38/2003 of 17 November, General of Grants, the IDAE should only hold its calls for aid to the principles of management and information on the grants provided for in Articles 8.3 and 20 thereof. In all the other aspects of this call, private law is applicable in accordance with the provisions of Article 2.2 of Royal Decree 18/2014 of 17 January 2014 approving the Statute of the European Parliament. Institute for Energy Diversification and Savings (IDAE).

Also, given that the granting of aid called by IDAE is governed by private law, the regulation and operating rules for the granting of the aid of the Program and the call for reference are those that are established by the entity itself in the regulatory bases which are inserted below, without the possibility of the admission of other different ones to them, and therefore any application which does not comply with the requirements stipulated therein shall be excluded from the the procedure for granting the aid.

In its virtue, this Board of Directors resolves, in accordance with the provisions of Article 7.1.e of Royal Decree 18/2014, of 17 January, approving and establishing the basis of the Statute of the IDAE Regulation (EC) No 1339_2000 of the European Parliament and of the Council of 11 March 2000 on the implementation of the programme of the European Union

the European Community

Regulatory bases for the second call for the aid programme for the renovation of municipal outdoor lighting installations

First. Object.

The present bases are intended to regulate the granting of the aid corresponding to the second call for the reference aid programme (hereinafter the programme), which aims to encourage and promote the achievement of actions in the municipal outdoor lighting sector that reduce carbon dioxide emissions, by implementing energy saving and efficiency projects, thereby contributing to the objectives of reducing the consumption of carbon dioxide final energy fixed by Directive 2012/27/EU, in accordance with the conditions laid down by the present bases, and in the case of co-financing with ERDF funds, also in accordance with the rules governing the ERDF Operational Programme for Sustainable Growth 2014-2020.

Second. Application regime.

1. The aid which is regulated by these bases is the form of repayable loan without interest, subject to the performance of the actions referred to in the third base.

2. In accordance with the provisions of the second paragraph of Article 3.2 of Law 38/2003 of 17 November, General of Grants, as well as in Article 5 of its Rules of Procedure, approved by Royal Decree 887/2006 of 21 July, the legal system, specific rules applicable, requirements and obligations of the beneficiaries and the procedure for granting it shall be that laid down by these bases, without prejudice to the application of the principles of management and information provided for in the Articles 8.3 and 20 of that Law, as well as the subsidiary application and express reference to be made by these bases to the requirements of that Law and Regulation, which are appropriate to the nature of these operations. Such aid is, in any event, subject to the fulfilment, implementation and realisation of the objectives, activities and conditions laid down by these bases.

3. They shall also apply to the Programme, in so far as the actions covered by it are co-financed with ERDF funds, Regulation (EU) 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions and general provisions concerning the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund, and repealing the Council Regulation (EC) No 1083/2006; Regulation (EU) No 1301/2013 of the European Parliament and of the Council of 17 December 2013 on the European Regional Development Fund, repealing Regulation (EC) No 1080/2006 and Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013, as well as any other legislation which Complement or replace it in this scope.

4. The actions eligible for aid under this call will be selected on the basis of a simple concurrency, with applications complying with each and every one of the requirements laid down in these bases. the date of completion of the application, and all this until the available budget is exhausted or until the program expires, as set out in the call.

5. The aid, granted in the form of a non savings certificates", which demonstrate the realization of savings and energy efficiency actions among its clients, so this system still is pending regulatory development. And the second is to make an annual financial contribution to the National Energy Efficiency Fund, calculated by multiplying its annual savings quota by a financial equivalence. In turn, the Fund should implement actions, such as those referred to in this call, in order to achieve an energy saving equivalent to the economic contribution made by the subjects required at national level.

g) Transfer of funds: The total amount of the loan shall be received by the beneficiary by bank transfer within one month of the increase in public deed of the loan contract repayable by the beneficiary. that the help is instrumented.

h) Possibility of full or partial write-off of debt without penalty or fees.

i) Any other aid or subsidies, which could be received for the performance financed by the repayable loan granted by the IDAE, must be applied to the early repayment of the same. Similarly, in the event that the final investment in the project is lower than the initially estimated investment, an early repayment must be made for the difference.

Sixth. Beneficiaries.

In accordance with the provisions laid down in these bases, they may be beneficiaries of this aid program for the Ayquestas, the Provincial Diputations or equivalent local entities, the Commonwealth or the Spanish municipalities and public entities in the management of Spanish municipal public services that do not carry out an economic activity by which they offer goods or services in a given market.

Seventh. Essential obligations of the beneficiaries.

1. Beneficiaries of aid shall be obliged to immediately inform the IDAE, including during the processing of the application, of any changes to the conditions initially reported with the documentation accompanying the application.

In this context, any alteration of the conditions taken into account for the processing of the application may result in the amendment of the resolution, without prejudice to the fact that the non-communication of these modifications will cause sufficient for the withdrawal of the aid, and, where appropriate, the anticipated maturity of the loan granted.

2. They may not obtain the status of beneficiary of such aid who incurs in any of the circumstances provided for in Article 13 of Law 38/2003 of 17 December, General of Grants. In this context, the beneficiary shall, together with the aid application, sign a responsible declaration stating that he has no obligations to recover grants or aid, or where appropriate, in accordance with the Article 21 of the Royal Decree 887/2006, of 21 July, approving the Regulation of the General Law on Subsidies, as well as those of the other obligations laid down in that Article 13.

3. The beneficiary must be aware of the compliance with its tax and social security obligations, in accordance with the provisions of Article 22 and consistent with the Royal Decree 887/2006 of 21 July.

4. The beneficiaries shall allocate the full amount of the loan granted to the payment of the corresponding support actions.

5. They are also considered essential obligations of the beneficiaries of the aid, the following:

(a) Maintain a differentiated accounting system for all transactions related to the actions to be supported, at least with an appropriate accounting code that makes it possible to clearly identify those transactions; transactions.

b) Take into account in the corresponding hiring processes the following:

By the nature of the beneficiary and the amount of aid requested, the procurement procedure for the supplies, works and/or services necessary for the implementation of these actions must be subject to the rules of procedure. contained in the recast text of the Public Sector Contracts Act.

In the documents (documents, notices, etc.) supporting the procurement of the goods or services to be provided, the possibility of co-financing or participation of the ERDF and/or the Investment Funds of the Union shall be indicated. European.

Failure to include discriminatory assessment criteria or to alter the concurrency, with minimum requirements to be established to be met by the bidders as long as they cannot be used to assess favourably. offers in front of others.

The documentation of the procurement process must be available, including the justification for the selection of the most economically advantageous tender and the communications with the bidders.

The provision of the contracted service must be demonstrable and must be verified and accepted in advance of the certification of the payment, in accordance with the conditions set out in the contract.

If the urgency procedure is used, it must be perfectly justified.

c) Credit to the IDAE the performance of the activity, also facilitating the checks aimed at ensuring the correct realization of the project or action object of the aid, contributing to the effect as much documentation required. In this context, a monitoring procedure will be designed to verify and validate administratively 100% of the expenditure declared by the beneficiaries, as well as to verify on the ground a representative body of the actions and operations, which shall be approved by resolution of the Director-General of the IDAE.

d) Submit to any other audit and financial control actions which may be carried out by the Directorate-General for Community Funds, the General Intervention of the State Administration, the Court of Auditors, the control bodies of the European Commission and any other measures of verification and/or financial control which may be carried out by the competent control bodies, both national and Community, in accordance with the rules laid down in the rules (a) the management of aid co-financed with Community funds, contributing to how much information is required for you.

e) Meet the dissemination and publicity requirements set forth in these bases, and in particular the 15th base, as set out in Article 18.4 of Law 38/2003 of 17 November, General of Grants, and with the duties of information and communication which correspond to the beneficiary as laid down in Article 115 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on European funds.

(f) Accept its inclusion in a public list of operations, which shall be the subject of electronic publication or by other means as provided for in Annex XII "Acceptance and communication on support from the Funds" of the Article 115 of Regulation (EU) 1303/2013.

g) Keep the original documents, supporting the action taken and the implementation of the funds received, as long as they can be the subject of the verification and control actions. The availability of the documents shall be in accordance with Article 140 of Regulation (EU) 1303/2013

(h) Respect the national rules of eligibility which may be established by the Directorate-General for Community Funds of the Ministry of Finance and the Civil Service.

i) Dispose of the management and control procedures that ensure the good use and application of the aid.

6. The beneficiary assumes the commitment to enter, in each of the annual budgets of the public entity, from the date of the signing of the loan agreement and until the endfo">e) Guarantees: Exempt. However, IDAE shall be regarded as the preferred creditor of the receiving institution, on the basis of the loan being formalised, so that the payments corresponding to the principal's depreciation, interest on late payment, or any penalty payments thereof shall be deemed to be (a) a preferential place in the order of payment, after the staff costs, in the cash-fund arrangement of the beneficiary institution, during the period of validity of the contract.

f) Form of amortisation: monthly from the date of the beginnd.

7. With the documentation and data required by the application, and the application for the aid submitted, the application shall provide proof of the date and time of registration of the aid, as well as the number of the file allocated, the time, and the application for aid has been definitively and registered for all intents and purposes. This date shall be considered to determine the date from which the action concerned may be initiated in order to comply with the provisions of the fourth subparagraph, paragraph 3 and concordant, and the number of files to be allocated determine the ranking order for the budget allocation effects.

8. Once registered in accordance with the above procedure, the application shall be processed in accordance with the following 10th base. If, in the documentation provided, sub-health defects or omissions, deficiencies of a technical nature are observed or additional technical documentation is required to extend the knowledge on the already presented, the applicant shall be required, by e-mail of contact designated in the application, so that, within fifteen (15) calendar days, you will subsme the faults or accompany the necessary documents, warning you that, in the event of failure to do so, you will be given a withdrawal, being able to be delivered by the Director General of the IDAE, the corresponding resolution withdrawal, which will be notified to the person concerned. The failure to provide any of the documents referred to in paragraph 5 of this base shall not be subsable.

10th. Processing, management, resolution of the procedure and maximum period of execution of actions.

1. The competent authority for the management and instruction of the procedure shall be the Director of Energy Saving and Efficiency of the IDAE, hereinafter the instructor.

2. The assessment of the applications shall be carried out by the specialized departments of the IDAE, in accordance with the requirements laid down by these bases and, in particular, with those listed in Annex I.

3. The dismissal of applications which do not comply with the requirements laid down in the bases, after giving the person concerned a period of 15 (15) calendar days for claims, may be made on a proposal from that instructor, by reasoned resolution of the Director-General of the IDAE.

4. The decision of the procedure, whereby the granting or dismissal of the aid applied for is agreed, shall be the responsibility of the Director-General of the IDAE, provided that the aid to be granted or rejected does not exceed the unit amount of EUR 600 000. For higher amounts, this resolution shall be the responsibility of the IDAE Board of Directors. The body responsible for the resolution of the proceedings may authorise the instructor to carry out the communication of the resolution and, where appropriate, to supplement it or to rectify material, factual or arithmetic errors.

5. The decision of the procedure shall express, in the case of the estimation of the application of the person concerned and the granting of the aid concerned:

a) Applicant data and description of the actions to be developed.

(b) The amount of the maximum loan granted on the basis of eligible eligible investment.

c) The maximum time limits for: (1) the submission of the additional documentation on the formalisation of the contract, (2) the formalisation of the loan, (3) the performance of the proceedings and (4) the presentation of the justification for the performance of the performance.

(d) Other conditions of compliance related to the implementation of the actions, which may be required in the light of the particular case and the co-financing with ERDF funds.

6. The decisions granting or rejecting the provisions of this base, against which the administrative resources provided for in the Law of the Common Administrative Procedure of the Public Administrations shall not be subject, shall be notified to the respective applicants and published, in summary form, on the IDAE website.

7. The beneficiary shall notify the IDAE of its acceptance of the aid within the maximum period of 30 calendar days from the date of receipt of the decision to grant the aid, in writing to the Authority. Instructor, referring to the notification received. The beneficiary's lack of express acceptance, in the terms set out above, will result in the beneficiary's waiver of the aid granted, with a view to that effect, to that effect, resolution of the Director General of the IDAE, independently of the amount of aid granted.

8. The decision to grant aid shall be made, in any event, expressly subject to a final decision, the verification of which shall be determined by a decision of the Director-General of the IDAE, which shall be notified to the relevant beneficiary, if not the following is true:

1. No longer than three (3) months after notification of the granting decision, the beneficiary must prove that he has initiated the procedure for the procurement of supplies, works and services. necessary for the implementation of the actions, by means of the contribution, through the computer application established on the website of the IDAE, copy of the advertisement or advertisements published in the Official Journal or, the Platform of Contracting of the State, or where appropriate, the corresponding Contracting Profile.

2. On a maximum period of one (1) year since the notification of the decision granting the aid, the beneficiary must prove to have formalised the contracting of the implementation of the actions to be supported, by means of the contribution, through the IT application established on the IDAE website, of the following documentation:

Copy of the awarding agreement of the competent authority for the supplies, works and/or services with the amount of the award.

Copy of the contracts entered for the performance of the performance, from which the payments of the investment to be made by the beneficiary are derived and which must subsequently be justified.

Final and final budget of the action, resulting from the approved awards, in which the eligible expenditure and investment are duly referenced and documented, and the amount of the loan requested from the IDAE.

Updating the description of the performance to be executed finally, as requested in point 5.c) of the ninth base.

Document corresponding to Annex B "Reporting Model to the Bank" of the "Repayable Loan Contract Model" set out in Annex III, duly completed and sealed by the relevant banking institution, and be the beneficial owner of the account number provided.

9. The funding resulting from the beneficiary's disposal shall be that resulting from the eligible costs and investments included in the final and final budget of the performance, which it has contributed in accordance with the previous paragraph.

10. In this context, by means of a supplementary resolution of the Director-General of the IDAE, which shall be notified to the beneficiary, the final amount of the loan shall be dility, a mandatory authorisation of the body exercising the financial protection of the requesting entity. In this case, the granting of the aid shall be made subject to a decision, if the debt is not authorised within the economic year in which the aid is requested.

6. The applicant entities shall have a maximum and unextendable period of 15 (15) calendar days to complete the dossier and data in the file and to submit the application. After this deadline has been completed and the application has been completed, the file will be cancelled by the present bases. Interested parties may exercise their rights of access, rectification, cancellation or opposition in writing to the IDAE Instructor Authority, at the following address: Madera street, number 8, 28004 Madrid.

ANNEX I

Description of Eligible Actuations

Measure. Renovation of municipal outdoor lighting installations

1. Objective

The purpose of the action is to reform existing municipal outdoor lighting facilities in order to reduce their final energy consumption and reduce CO2 emissionsby improving their efficiency energy.

2. Description

Municipal outdoor lighting facilities have a high potential for energy savings due to the modernization of their luminaires, lamps and regulation equipment, which have been increased in recent years. years with new technological advances that make it easier to obtain these high savings.

Committing the renovation of these facilities has an undoubted interest in their potential for saving and improving their energy efficiency, allowing them to obtain significant energy and economic benefits to their owners and to their own country.

The measure aims at the total or partial renovation of the existing outdoor lighting installations in the Spanish municipalities on the basis of savings and energy efficiency criteria, which will significantly reduce their power consumption.

3. Eligible actions

The eligible actions are those that have as common denominator the reduction of the light power of the existing lighting installations, by replacing the current lighting equipment with luminaires with higher performance, by more efficient light sources and/or by electronic regulation and control equipment, enabling:

Reduce electricity consumption in lighting by at least 30%,

Regular lighting levels according to different night schedules and track types, adjusting to the needs of citizens.

Adapt existing facilities to the precepts set out in the Energy Efficiency Regulation in outdoor lighting installations and in the Electrotechnical Regulation for low voltage.

With this, excessive levels of lighting will be adapted in many of the municipalities ' streets to the real needs of this public service, reflecting this reduction of powers in a reduction of consumption of electricity.

The maximum amount of the repayable loan to be granted will be calculated according to the following formula, where PL is the number of light points to replace:

Maximum repayable loan amount (€) = 600 x PL

4. Technical requirements for energy efficiency

Reformed or renovated facilities shall comply with the requirements of the Energy Efficiency Regulation in outdoor lighting installations and their complementary technical instructions (Royments laid down in the bases, and without prejudice to the obligation of proportional repayment of the corresponding loan, if any.

4. In any event, failure to comply with the 'technical energy efficiency requirements', which are set out in Annex I for each action, will lead to the withdrawal of the aid.

5. It will also proceed with the withdrawal of the aid, in the event of an unfavourable audit report, of any of the authorities authorised to carry out the aid under these bases (General Intervention of the State administration, Court of Auditors, European Commission), and which concludes with the need for repayment of the aid granted, based on any non-compliance with the implementing rules.

Fourteenth. Notification practice.

The practice of the notifications relating to the procedure laid down by these bases shall be carried out, in general, by any means which would permit the person concerned or his person to be satisfied with his receipt. representative, and in particular, through the contact email indicated in the request.

15th. Advertising.

1. Any reference in any means of dissemination to the action covered by the aid shall comply with the requirements set out in the Image Manual of the Programme which will be available on the website of the IDAE.

2. A poster must also be installed and maintained in a place visible to the general public, of sufficient size to be perfectly visible and legible, in which the title of the project and the name and image of the Programme are clearly stated, and to mention, where appropriate, the economic aid granted by the National Energy Efficiency Fund and, where appropriate, the European Union, including the EU logo and the slogan 'A way to make Europe', the cartel of which must be installed, at least, until the end of the year 2023, the date on which the implementation of the Operational Programme for Sustainable Growth ends, this as set out in Article 18.4 of Law 38/2003 of 17 November, General of Grants. The graphic design of the poster and broadcast media to be performed, will comply with the requirements established by the IDAE and will be available in the Program Image Manual on the Internet address of the IDAE (www.idae.es). The cartel must remain in place until the end of 2023, when the period of application of the ERDF funds is concluded.

3. The acceptance of the aid implies the acceptance of the provisions of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common rules for investment funds (a) European information and publicity activities to be carried out by the Member States in relation to the Community Funds.

sixteenth. Nature of the applicable procedure and jurisdiction.

1. The procedure laid down by these bases shall be subject to the principles of management and information provided for in Articles 8.3 and 20 of Law 38/2003 of 17 November, General of Grants, as well as to the provisions of Article 5 of its Rules of Procedure, adopted by Royal Decree 887/2006 of 21 July, without prejudice to the subsidiary application and express references to other conditions and requirements established by it or to the development by the IDAE of the activities referred to in this proceeding are subject to private law.

2. The jurisdiction of the jurisdiction to hear the disputes arising under this resolution shall be the civil jurisdiction.

3. The Director General of the IDAE is granted the prerogative to interpret and resolve doubts that may arise from the application of these bases and from the call made here.

seventeenth. Protection of personal data.

In accordance with Organic Law 15/1999, of December 13, of Protection of Personal Data, the information and personal data provided by any applicant or beneficiary will be collected by the IDAE to be incorporated into the automated file of ownership and responsibility of the same so-called "Energetics and public aids", in order to verify the compliance, control and monitoring of the obligations establishe/p>

3. The non-justification in time by the beneficiaries of the aid, in accordance with the provisions of the preceding paragraphs, shall entail the revocation of the aid, which is sufficient to cause the loan granted and/or drawback of the amount of the same.

4. Likewise, it shall also cause revocation of the non-submission of the copy of the certificate of the completed installation registered with the competent authority of the Autonomous Community, as requested in paragraph 5 of the Annex. I.

III. That the ................................................. (Local Entity, Pool of Municipalities or Concessional Entity) is a beneficiary of the aid granted by means of resolutions of concession and supplementary of the Board of Directors/Director General of the IDAE of ....................................., as laid down in the basis .............................., of the regulatory bases of the Program of aids for the implementation of the actions to be supported for the reform of the Municipal lighting installations of the said entity, according to the description included in Annex A (hereinafter the action), all with the energy objective of reducing the energy consumption of that entity.

IV. That after verification of compliance by the beneficiary of the provisions laid down in the basis ............................... of the regulatory bases of the aid programme, and in accordance with the conditions laid down by the grant decision and Additional support from the Board of Directors/Director General of the IDAE of dates ........................ respectively, the loan is formalized with the following general conditions:

□ Loan amount: XXXXXXXXXXXXX €.

□ Interest rate: 0.0%.

□ Start of actions: for a maximum period of 1 year from the date of notification of the grant resolution.

□ Deadline for implementation of actions: for a maximum period of 12 months from the date of elevation to public deed of this contract of grant of aid.

□ Term of depreciation: 10 years, with 12 months of absence included.

V. Having expressly accepted the receiving entity such terms, it is appropriate to formalise this loan agreement, in accordance with the following

.

STIPULATIONS

1. Granting of the loan, purpose and duration

1.1 Grant of the loan. By this Agreement the IDAE grants to ..................................... (hereinafter a beneficiary entity), which accepts, a loan whose modality, amounts, purpose and duration are as set out below.

1.2 Amount. The total amount of the loan for the amount of amount in letter (amount in figure €) will be received by the beneficiary by bank transfer, within the maximum period of one month from the signing of this contract, so the deadlines will start be computed from the date of the transfer order, which via Banco de España and the same day, will be issued by the IDAE.

1.3 Purpose. The total amount of the loan shall be used exclusively to cover the costs incurred in the effective implementation of the operations specified in Annex A, in accordance with the technical and economic data which have been the subject of the granting decision. and complementary aid from the Board of Directors/Director General of the IDAE of dates ....................., respectively, in accordance with the regulatory bases of the aid programme.

1.4 Duration. The loan will last for 10 years (12 months of absence, plus 108 months of amortisation of the principal), with its expiration on the last day of the month in which the 10 years of validity are observed, counted from the day on which the IDAE makes the first transfer of the funds referred to in point 1.2. of this contract.

The loan return will be made by monthly instalments, as set forth in the stipulation 5 and follows:

Lack Period:

Start: date of first transfer of funds as set forth in 1.1.2.

Principal amortization period (quota dates will match the last day of the month):

The first major amortization date: XX of XXXXXX of XXXX.

Last main amortization date: XX of XXXXXX of XXXX.

2. Accrual and interest settlement.

2.1 Devengo and interest settlement: no ordinary interest is generated for being the interest rate based on the program at 0.0%.

3. Interest rate

3.1 Ordinary interest rate: 0.0%.

3.2 Interest rate for late payment. Without prejudice to the reasons for the anticipated maturity set out in the stipulation 10, if any of the payments to be made by the beneficiary for any concept shall not be made on the date set out in this Agreement, the amounts Payment pending shall bear an interest rate of 2% per year on an annual basis.

Delay interest settlements will be reported by the IDAE to the beneficiary, and will be binding and mandatory for the beneficiary except error or proof to the contrary. This provision cannot be construed as waiving other rights under this Agreement as a result of non-payment.

The settlement and payment of interest on late payment shall be made with the remainder of the payment of the next normal maturity of the loan, in default of payment by voluntary liquidation carried out by the beneficiary with before this date.

4. Commissions.

No commissions will be applicable to the loan granted under this contract.

5. Amortization of the loan capital.

5.1 Mandatory amortization of loan capital and interest payments. The capital of the loan shall be amortised by 108 successive monthly instalments, domiciled in the beneficiary's bank account, specified below, which shall start from the end of the period of absence.

The unit amount of each of the loan principal amortization fees has been agreed by the Parties, resulting in a monthly amount of amount in letter (amount in figure €).

These amortisation amounts will remain fixed and independent, both of the revisions to be established on the relevant part of interest (except for early repayment), and of the results energy that could actually produce the performed performance.

If the investment applied to the performance of the performance has proven to be less than the amount of the investment or eligible cost determined by the corresponding concession resolution, the partial depreciation shall be carried out. mandatory loan on the part proportional to the decrease of the eligible investment or cost.

5.2 Voluntary Early Repayment. The beneficiary may repay in advance, in whole or in part, the outstanding loan balance provided that the IDAE is communicated with one (1) month in advance of the date on w Functions established in its Statute, has the task, among others, of the functions of: " to analyze, to determine, to propose and to implement the measures necessary to obtain effective sectoral policies, to promote the use of new technology in equipment and projects and to encourage the use of new energy sources, the rationalization of consumption and the reduction of energy costs. " To this end, the IDAE may carry out the allocation and control of any grants and financial incentives for conservation, saving, diversification and energy development purposes.

ver the beneficiary is aware of its payment obligations to the IDAE. Otherwise, the ranking order to be used will be the one set in the stipulation 7.

9.8 Budgetary Consignation and Prelation of Payment Orders by the Beneficiary.

The beneficiary assumes the commitment to enter, in each of the annual budgets of the beneficiary entity, from the date of the signing of the loan agreement and until the end of its validity, the amounts necessary for the depreciation of the capital of the loan and other obligations arising therefrom. In this context, the IDAE will be considered a preferential creditor of the beneficiary, on the basis of this loan, therefore the payments corresponding to the repayment of principal of the same, interest of late, or eventual penalties will enjoy preferential place in the order of payment, after the staff costs, in the cash-fund arrangement of the beneficiary institution, for the duration of the term of the present contract.

10. Anticipated maturity.

The IDAE will be able to give up this loan and demand the immediate return of the unamortized capital, interest and the other amounts credited to it, when any of the following circumstances are present:

In the event of a serious breach of any of the obligations under this contract and in particular the failure to pay any of the capital, interest and other obligations Cash within the time limits set for the purpose, or the misuse, deterioration or abandonment of the installations subject to the actions set out in Annex A as well as the non-implementation of the Project in the terms and conditions laid down by the (a) the granting and additional aid decisions of the aid programme.

In the event of a resolution or revocation of the aid granted by the grant resolution and supplementary aid of the aid programme under which this loan has been granted, in accordance with the terms and conditions established by their regulatory bases.

If the payee:

a) Incompliance with the obligation of economic information or shall not deposit, being legally obliged to do so, its accounts in accordance with the regulations that apply to it.

b) Do not find yourself in the payment of your tax and/or social security obligations.

c) Incurriese in late payment versus other creditors.

d) Padeciese embargo on their assets, be lifted with the same or liquidated.

e) If appropriate, incur legal cause of dissolution, if they are legal persons.

(f) Where appropriate, it shall be declared as a creditor contest or shall submit a request for a voluntary tender or be admitted to the application for its necessary competition.

g) To the loan capital a different purpose from the financing of the performance for whose financing has been granted to it.

h) You have cancelled or modified, in effect, the present contract, the condition of IDAE as a preferred creditor in your cash-fund disposition plan, in accordance with the provisions of the paragraph 9.8.

i) I shall not carry out, for any reason, or suspend the execution or performance of the action to which the loan capital is intended, or shall perform it in a manner other than that contained in the documentation that prompted the resolution of the grant of the aid programme.

(j) Please provide third parties, for any title, with the assets financed by this loan, in force.

k) Where appropriate, amend 50% or more of the company's shareholding, in the event that the beneficiary is a legal person, with the exception of the express authorisation of the IDAE.

(l) Any other circumstances expressly provided for in this contract or in the regulatory bases of the Aid Programme.

In case the IDAE declares the due maturity for any of the above causes, the beneficiary will be obliged, within the period of fifteen (15) calendar days counted from the notification of (a) to the extent that the IDAE has to be reintegrated into the whole of the principal, plus its interest on late payment and other documents, which are justified by all the concepts in relation to this loan. For the settlement, the last interest rate shall apply, which shall be deemed to be accepted by the beneficiary to the sole and exclusive effect of practicing that interest.

After that period without the beneficiary making full reimbursement of the amount so calculated, the IDAE shall be issued with the judicial or extrajudicial actions which they agree to.

11. Executive Action

To all legal effects, and especially to those prevented by Article 572 and following of the current Civil Procedure Act, it is expressly agreed by the Parties that, for the alleged failure to comply with the law, any of the obligations for payment of this contract shall be deemed to be a liquid amount payable by judicial executive to the beneficiary, which is specified by a notarial act which is notified to the debtor, where the debtor is incorporated. timely certification of the practice of the settlement in the agreed form contractually for the alleged default, as well as that the balance coincides with that which is detached from the special account which for that purpose is included in the accounting records of the IDAE, and in particular for the alleged maturity in advance, that the liquidation has been carried out in accordance with the provisions of this contract, without prejudice to the application of the delinquent interest which would have become due to the resulting amount.

12. Communications and notifications between the Parties

The Parties expressly agree that any notification, communication, application, and/or requirement in connection with this contract shall have full effect, provided that it is effected by one or more of the parties. The following means: letter, telegram, fax, burofax sent to the addresses and indicative of such effects specified below for each of the intervening entities, as soon as no statement has been made. any possible modification to that effect:

IDAE:

Calle Madera, n. 8. 28004 Madrid. Telephone: 91 456 49 00. Fax: 91 523 04 14

Payee: xxxxxxxxxxxxxxxxxxxxx.

13. Expenses and Taxes

All expenses and taxes that may result from the formalization, elevation to public, fulfillment, execution or extinction of this contract, shall be of account and the charge of the beneficiary.

14. Transmission of rights

The beneficiary may not assign, transfer, substitute or subtract third parties to the rights and obligations under this contract without the prior express consent of the IDAE. By contrast, the IDAE may do so after written communication to the beneficiary.

15. Applicable law and jurisdiction

The Parties, with the express renunciation of the jurisdiction that may correspond to them, if another, expressly submit themselves to the jurisdiction of the mum of one month from the receipt of its amount, unless the regulatory standard of its concession allows its direct transfer to the IDAE, in which the case accepts and consents in this same act that is transferred to this Institute the amount corresponding.

Similarly, if the capital of the loan granted has not been allocated in its entirety to the actions set out in Annex A, an early repayment shall be made for the difference.

In any of the above cases, the amortisation of the principal of the loan will proceed whene