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Resolution Of January 14, 2010, Of The Secretary Of State For Energy, Which Is Published The Agreement Of The Council Of Ministers Of December 11, 2009, Which Approves The Plan Of Activation Of Energy Efficiency In The Building...

Original Language Title: Resolución de 14 de enero de 2010, de la Secretaría de Estado de Energía, por la que se publica el Acuerdo de Consejo de Ministros del 11 de diciembre de 2009, por el que se aprueba el plan de activación de la eficiencia energética en los edifici...

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TEXT

For the purpose of giving publicity to the Council of Ministers Agreement of 11 December 2009 approving the plan for the activation of energy efficiency in the buildings of the General Administration of the State, and to the appropriate effects, as set out in the "Official State Gazette" of the Agreement, the text of which is set out below.

Madrid, January 14, 2010. -Secretary of State for Energy, Pedro Marin Uribe.

AGREEMENT OF COUNCIL OF MINISTERS APPROVING THE PLAN TO ACTIVATE ENERGY EFFICIENCY IN THE BUILDINGS OF THE GENERAL ADMINISTRATION OF THE STATE

Directive 2006 /32/EC of the European Parliament and of the Council of 5 April sets out a new regulatory framework for the efficiency of the final use of energy and energy services. As far as the public sector is concerned, it is required to fulfil an exemplary role in the implementation of energy saving and efficiency measures and in the promotion of the procurement of energy services.

In coherence with the above, our country has been designing and implementing public policies for years that will allow us to meet the community's objectives in terms of energy saving and efficiency. Thus, the Energy Saving and Efficiency Strategy in Spain (E4) 2004-2012, approved by the Government on 28 November 2003, defined the potential for savings and the measures to be carried out in order to improve the energy efficiency of our country. economy. This strategy was subsequently developed in the Action Plan for the period 2005-2007 and in the current Action Plan for the period 2008-2012, approved by the Council of Ministers on 20 July 2007, as a follow-up to the previous one.

As regards the buildings of the General Administration of the State, in that same Council of Ministers and as a specific measure of the Plan of Action the Plan of Savings and Energy Efficiency in the Buildings of the General government of the State (hereinafter the PAEE-AGE) and those of its agencies and dependent societies. The Plan establishes a generic energy saving objective for all the buildings of the General Administration of the State of 20% to be achieved in 2016, ratified in Article 105 of the Preliminary draft of the Law of Sustainable Economy raised for its report the Council of Ministers of 27 November 2009.

Subsequently, through the Council of Ministers Agreement of 1 August 2008, the Energy Saving and Energy Efficiency Plan 2008-2012 was approved, which contains a total of 31 measures, including a first A transversal measure for the promotion of Energy Service Companies (ESE), understood as those companies that improve the energy efficiency of buildings, recovering investments through the energy savings achieved.

The momentum of this business model requires a legal framework that offers adequate security and stability, improved access to finance for these Energy Services Companies and the strengthening of procurement public in this area. As proposed by Directive 2006 /32/EC on efficiency in the final use of energy, and in particular Article 5 for the public sector, which should initiate energy efficiency projects and stimulate efficient behaviour in the field of energy. energy. In addition, support for the development of Energy Services Companies has been specifically included in Article 102 of the aforementioned Preliminary Draft of the Law on Sustainable Economy presented to the Council of Ministers of 27 November 2009.

It is therefore necessary for the public sector to enhance, with actions in its own heritage, the realization of investments aimed at improving the energy efficiency of its buildings in a comprehensive and integrated way, affecting to the procurement of energy supply, energy management, the maintenance and implementation of energy saving and efficiency measures and the use of renewable energy.

In addition, the improvement of energy efficiency contributes to the fulfilment of what was agreed at the Council of the European Union of December 2008 by the Heads of State and Government of the different Member States in the which is known as the energy-climate change package, and which sets a target for reducing energy consumption by 20% in 2020, as a necessary condition for reducing the Union's greenhouse gas emissions by 20% in that year.

Finally, although not least, improving energy efficiency in the public sector represents a valid strategy for improving the allocation of public funds, by involving savings in medium and long-term costs. period. The use of the mode of contracting energy services with private sector companies for this purpose implies the necessary encouragement to private initiative for the creation of a competitive and dynamic energy services market. The public initiative in the procurement of energy services will contribute to the creation of new companies and the reorientation of the business model and the business strategy of others towards the energy efficiency sector, which is shaping as a modern sector that has proved successful in other countries of the European Union and the United States and in which business opportunities will become ever greater as a result of increasingly demanding global commitments in energy saving and energy efficiency.

In the public building sector there is an important potential for energy saving which, to some extent, is difficult to implement in practice due to the presence of a number of administrative, legal, economic and administrative barriers. technology that makes it difficult. For example, in the public sector budget, the item for investment in energy-consuming technologies is different from that for the maintenance and energy supply of these same equipment. This division into incommunicado areas poses difficulties in renewing the equipment with energy efficiency criteria.

The Public Sector Contracts Act (LCSP) offers a new type of contract, the Private Public Partnership Contract (hereinafter the CCPP) whose uniqueness makes it particularly appropriate to become the framework. the legal framework in which the contract for the comprehensive management of the energy services of a public building is developed.

By virtue of the definition contained in Article 11 of the LCSP, the CCPP assumes that a public administration will commission a private law entity for a given period, depending on the depreciation time of the investments or the financing arrangements to be provided for, the implementation of a comprehensive and integrated action which, in addition to the financing of intangible investments, works or supplies necessary for the fulfilment of certain public service objectives or related to actions of general interest, include any of the capabilities collected from the LCSP.

Among the benefits included in the CCPP is specifically collected "the comprehensive management of the maintenance of complex facilities", introduced in the Law as a consequence of a necessary adaptation of the regulations The Community rules set out above. In this regard, Directive 2006 /32/EC lays down the obligation for Member States to adapt their rules in order to facilitate the procurement of energy services by the public sector and, in particular, to provide the contract with services. energy from a suitable contractual framework for the public sector.

In this context, the Advisory Board of Administrative Contracting has analyzed on July 23, 2009 the Models of the Document Descriptive of the Contract of Collaboration between the Public Sector and the Private Sector and of the Pliego Particular Administrative provisions for the provision of Energy Services, indicating that these Models comply with the legal provisions in force in the field of public procurement and recommend their use by all those bodies The Public Sector is proposing to meet the needs of the public sector.

In order to demonstrate the technical, legal and administrative feasibility, the Ministry of Industry, Tourism and Trade, in collaboration with the Ministry of Economy and Finance are developing a pilot project in the This complex is part of the ministerial offices located on the Paseo de la Castellana 160 in Madrid and aims to energetically optimize the complex.

The implementation of this new Plan, in a context of budgetary constraints, advises the use of the public-private procurement model of energy services. However, since the General Administration of the State has more than 8,000 buildings and the PAEE-AGE is fully affected, its decision-makers will be able to use other procurement procedures for the rest of the buildings.

In this context, this new Plan will be approved, which will enable the energy savings target of 20% in the year 2016 to be reached in 330 energy-consuming centers of the General Administration of the State, as fixed by the PAE-AGE. This number will allow to create a sufficient critical mass that will dynamize the market of the Energy Services Companies and guarantee, in turn, the fulfillment of the objective of savings established in the Plan of Savings and Energy Efficiency in the Buildings of the General Administration of the State approved in July 2007.

In its virtue, on the proposal of the Minister of Industry, Tourism and Trade, and after deliberation of the Council of Ministers at its meeting of 11 December 2009, agrees

Approve the Energy Efficiency Activation Plan in the buildings of the General Administration of the State, which is listed as an annex.

Energy efficiency activation plan in buildings of the General Administration of the State

One. Object.

1. The purpose of this Plan is to achieve that 330 energy-consuming centres, belonging to the General Administration of the State, reduce their energy consumption by 20% in 2016, as set out in the "Energy Efficiency and Savings Plan". Buildings of the General Administration of the State (PAEE-AGE) ", by means of measures of energy saving and efficiency, under the modality of contracts of energy services, carried out by companies of energy services.

2. Second, it is intended that this performance in public buildings will dynamize the market for energy services in our country, in order to increase the supply and demand of this business model, resulting in greater efficiency energy use of the final energy use and ensuring the growth and viability of this market, as proposed by Directive 2006 /32/EC.

Two. Definitions. The following definitions are defined for the purposes of this provision:

Energy Consumer Center: Building or building pool with a total surface area of more than 30,000 m2 and energy billing and maintenance of energy consuming facilities exceeding 400,000 €/year, which constitute a unit of action in the performance of a contract for energy services.

Energy Services Company (ESE): A natural or legal person providing energy efficiency improvement services on a user's premises or premises and facing a certain degree of economic risk to the doing so, formalized by performing an energy services contract

Energy Services Contract: Contract with an Energy Services Company, for the realization of a comprehensive and integrated performance. comprising the following benefits: energy supply, energy management, maintenance of energy consumption facilities and the implementation of energy saving and efficiency measures and the use of renewable energy sources; residual. The duration of the contract shall be agreed for a given period depending on the time required for the depreciation of the investments made by the ESE or the financing arrangements to be provided. The payment of the services provided shall be based, in part or in full, on the energy savings achieved by improving the energy efficiency of the building.

Three. Criteria for the selection of energy consumer centres.

1. The 330 energy-consuming centres that will integrate this Plan will be selected according to the following criteria. The selection shall correspond to those responsible for the implementation of the Plan in accordance with Articles Four and Five of this Agreement.

Criteria:

(a) The building or grouping of buildings which includes an energy consumer centre must be owned by the General Administration of the State or its subsidiaries and subsidiaries: Ministries, Public Bodies, companies referred to in Article 166.1 (c) and (d) of Law 33/2003 of 3 November of the Heritage of Public Administrations, as well as State Public Foundations.

b) Consumer centres must total an area of more than 30,000 m2 and an energy and maintenance billing for energy-consuming facilities exceeding € 400,000 per year. Buildings that meet the two requirements will be prioritized and in second option those that the consumption is higher than the mentioned figure.

2. They shall not be selected for the purposes of the implementation of this Plan, those buildings which are a consumer centre and which are in any of the following situations:

a) Buildings on lease.

b) Buildings located abroad.

(c) Provisional buildings with an expected term of use equal to or less than 5 years.

(d) Buildings to undertake comprehensive rehabilitation within a period of 3 years or less. In this case, the buildings that are rehabilitated will have to comply with the requirements of the Technical Code of the Building and obtain an energy rating that guarantees a saving of more than 20% on the consumption of origin, as contemplated by the Plan of Saving of the buildings of the AGE.

e) Buildings that are scheduled to be sold for less than 5 years.

3. The number of consumption centres allocated to each Ministry shall be as set out in Table I of Article Five of this Agreement,

Four. Responsible for the execution of the Plan.

1. The responsibility for the coordination and monitoring of the Plan will be for each Ministry, through its Under-Secretary, both in the selected energy-consuming centres under the Ministry for which it is responsible and in those belonging to the dependent or tutored bodies and entities, the execution of which shall correspond to the holder of the body.

2. The Undersecretary and the holders of the agencies and entities that are dependent or tutored may delegate to an Energy Manager of the Plan, which must have a minimum rank of Subdirector General or equivalent, and which in any case will be an existing organ. Exceptionally, several Plan Energy Managers may be appointed in Ministries that manage a large number of buildings. Preferably, the Energy Manager will be the same as the one appointed for the Energy Savings and Efficiency Action Plan of the General State Administration Buildings (PAEE-AGE).

3. The functions entrusted to the Energy Manager will be met with the existing personnel in each Ministry.

Five. Implementation of the Plan and deadlines.

1. In relation to the implementation of the Plan the Undersecretary:

(a) It shall select, in coordination with the holders of the agencies and entities dependent or tutored, the consumption centres concerned with the programme until the number allocated in Table I has been completed, in accordance with the criteria of the Article 3. Within the maximum period of 3 months, the period corresponding to phase 1 shall not exceed the maximum period of 5 months for phase 2 and within the maximum period of 7 months corresponding to the phase 3. Plan.

Table I

of Industry, Tourism, and Commerce

1

Government

of Equality

Centers

Phase 1.

Phase 2.

Total

Ministry of Labor and Immigration

3

4

4

11

Ministry of Development

37

47

47

131

Ministry of Culture

6

8

7

21

4

5

3

5

5

19

24

24

25

1

1

1

4

6

6

16

1

1

1

1

1

2

of Territorial Policy

1

2

2

1

2

1

2

5

Ministry of Education

2

2

6

2

2

2

2

2

1

1

1

1

1

1

Ministry of Foreign Affairs and Cooperation

1

1

1

3

Ministry of Defense

14

38

1

1

1

1

2

1

1

Totals

95

118

117

330

(c) The previous selection shall be communicated, within a maximum of 1 week from the end of the period laid down in paragraph (a), to the Monitoring Officer of the Plan, which shall forward it to the Commission of Deputy Secretaries and Secretaries of State.

In addition, the selection of centers will include the following information: identification of the energy consumer center, number of buildings and its surface, billing and energy consumption by energy sources and the billing of maintenance contracts for energy-consuming installations.

2. Once the consumption centres have been selected, the contracting authority of each Ministry or body and entity shall initiate and approve the relevant procurement files within a maximum period of:

a) 8 months, counted from the entry into force of this Plan for the phase 1 buildings

b) 14 months, counted from the entry into force of this Plan for the buildings of phase 2.

c) 20 months, counted from the entry into force of this Plan for the phase 3

.

3. The conclusion of energy service contracts will be carried out, in the event of legal cases, by means of a contract of collaboration between the public sector and the private sector, in accordance with the provisions of Article 11 of the Law of Public Sector Contracts.

4 The actions to be carried out under this Plan will not result in an increase in expenditure by the General Administration of the State, since they will be carried out through a contract of collaboration between the public sector and the private sector. The costs associated with the administrative management of the projects within each centre shall be borne by the body for which they are dependent. However, the IDAE shall provide technical assistance in the terms of Article 9 of this Agreement.

5. For the implementation of the Plan, the Ministries may carry out management tasks to any of the existing State Societies that have the status of their own.

6. The list of actions necessary for the implementation of the Plan, ordered chronologically,

included in the Annex.

Six. Coordination and monitoring of the Plan.

1. The coordination of the Plan will be carried out by the Commission of Undersecretaries and Secretaries of State.

2. The Secretary of State for Energy is designated as responsible for the follow-up of the Plan.

3. With the collaboration of the Institute for Diversification and Energy Saving (IDAE), the Plan's follow-up officer will submit to the Commission of Undersecretaries and Secretaries of State:

a) A report with the relationship of selected consumer centers for each Ministry.

b) A Plan Situation Report on a quarterly basis, which will also incorporate the assessment and monitoring of the measures taken by the departments in compliance with the 2007 PAEE-AGE.

4. Both the Plan Monitoring Officer and the IDAE will be provided, by the Ministries, with access to all the documentation and information necessary to be able to carry out their work, as well as access to the centers in both the selection and execution as in the holding.

Seven. Training and information on the Plan. -Within the maximum period of 2 months from the publication of this administrative provision, the Advisory Board of State Administration and the IDAE in a coordinated manner shall conduct training sessions and information addressed to the participants in the Plan (energy managers, technical and building managers, energy service companies) aimed at both the procurement and technical-energy aspects.

Eight. Documents type of administrative clauses. -In order to facilitate the hiring, the Advisory Board of Administrative Contracting of the State shall make public, within the maximum period of 3 months, through its website, a specification of "Descriptive Document" (DD) and "Functional Programme" (PF), which may be used to engage in the procurement of energy services and provide advice to Ministries in this field.

Nine. Technical assistance to the Ministries.

1. To facilitate the implementation of the Plan, the Institute for Energy Diversification and Savings (IDAE) will provide technical assistance to the Ministries that request it.

2. To this end, the IDAE may carry out management tasks with any of the existing FVCs, depending on the demand for technical assistance requested.

3. The activities that the IDAE will develop will be carried out in accordance with the budgets of the Energy Efficiency and Savings Action Plan.

4. The scope of the IDAE's technical assistance shall include:

(a) Advice to the Ministries in the selection of energy consumer centres, in accordance with the provisions of Article 5.

b) Realization of energy diagnostics in each energy consumer center that includes support in the collection of the necessary technical and energy information of each energy consumer center, as well as a proposal (a) preliminary measures for energy saving and energy efficiency and for the use of renewable energy to be provided by the contracting authority for the preparation of the CCPP procurement documents. This information will be made available to ESEs participating in the competitive dialogue process, to facilitate the preparation of their proposals.

c) Advice to contracting authorities during competitive dialogue.

(d) Monitoring the implementation of energy service contracts and the results at the operating stage.

e) Publication in its Web of information to facilitate the implementation of the Plan to the participating agents, which will include, with an orientation and not limiting the following: indicative proposal of selection of buildings by Ministry, performance methodology, schedule, model of energy diagnosis and procedure for completion.

Ten. Line of funding and economic support to ESE. -Government will approve:

(a) Financing instruments eligible for investment projects in energy savings and energy efficiency, and in particular the investments resulting from the implementation of this Plan through the business of Energy Services.

b) An economic support line within the Energy Savings and Efficiency Action Plan aimed at companies participating in the competitive dialogue, in terms of premium or compensation to ESEs participating in the competitive dialogue as set out in Article 163 of the LCSP.

c) An economic support line within the Energy Savings and Efficiency Action Plan aimed at investments in energy saving and efficiency measures to be carried out in accordance with the collaboration contracts between the public and private sector to be formalized.

ANNEX

Plan Action Relationship

Ministry, through its Secretariat, will designate an Energy Manager of the Plan, as responsible for the execution and Plan tracking, which must have minimum rank of Subdirector General or equivalent

Take Action

Applicable rules and expected deadline in your case

Building Selection.

Building Selection by Ministry

Diagnostic Realization of energy consuming facilities.

Realization of energy diagnostics in each energy consumer center that includes support in the collection of the necessary technical and energy information each energy consumer center, as well as a preliminary proposal for savings and efficiency measures energy and renewable energy use to facilitate the contracting authority to draw up the CCPP procurement documents

assessment.

Elaboration by the Special Table of Competitive Dialogue of a Prior Assessment Document that justifies the use of the CPPP. (Art. 118 LCSP).

the case.

Agreement to start the case by the contracting authority. (Art. 93 LCSP)

Program.

Elaboration by the contracting authority of a Functional Program that will identify (i) nature and the size of the needs to be met (ii) the minimum legal, technical or economic elements to be admitted to the competitive dialogue and (iii) the criteria for the award of the CCPP. (Art. 119 LCSP).

Approval of the procurement file.

Once the two preparatory actions listed above, the organ The contracting authority shall proceed to the approval of the procurement file. This dossier must have been incorporated in the descriptive document in advance. (Art. 93 and 94 LCSP)

the announcement to the DOUE.

Sending the ad to the DOUE must precede any other advertising. Notices published later shall include the date of dispatch to the EUDOU. (Art. 126 LCSP).

Presentation of participation requests.

Minimum time of 37 days from sending the announcement to the DOUE and 10 days as the deadline minimum since publication in the BOE (1). (Art. 148 LCSP).

Selection of candidates.

The contracting authority, once the candidates ' personality and solvency is checked, will select a minimum of 3 to develop the competitive dialogue and invite them to participate in the dialogue (Art. 149 and 165 LCSP).

Presentation of the initial proposals.

Minimum time of 40 days from the date of submission of the written invitation (2). (Art. 151 LCSP).

the competitive dialog.

Once the initial proposals have been submitted, the contracting authority will develop the competitive dialogue with eligible candidates. (Art. 166 LCSP).

Presentation of the final offerings.

After declaring the dialog closed and informing the candidates, the contracting authority invite them to submit their offer, indicating a deadline (no specified deadline) (Art. 166 LCSP).

Interim Award.

The contracting authority will classify the submitted bids and provisionally award the contract (Art. 135 LCSP).

Compliance with the requirements required by the specifications to be final successful.

Minimum time of 15 working days from the provisional award. (Art. 135)

Award.

Maximum 10-day deadline from the end of the previous deadline (Art. 135)

Publication of the definitive award.

Publication in the DOUE and BOE within the maximum period of 48 days from the date of final award of the contract (Art. 138)

Formalization of the Contract.

Maximum period of 10 business days from the notification of the definitive award (Art. 140)

of the actions.

Deadline: Variable based on the measures to be applied. Between 6 months and 1 year

Contract period.

Deadline: Variable up to 20 years.

(1) If it is public works concession contracts (in the present case, if it was understood that the regime applicable to the CCPP was the one for the granting of public works) the deadline for the submission of the requests for participation could not be less than 52 days. These deadlines could be reduced by 7 days when the notices are sent by electronic, computer or telematic means.
(2) This period may be reduced by five days if access by electronic and telematic means is provided to the descriptive document and supporting documentation. If there was a previous announcement (Art. 125 LCSP) the period may be reduced to 36 days and, exceptionally, to 26 days