The Institute for Energy Diversification and Savings (IDAE) is a public body under the Ministry of Industry, Energy and Tourism, through the Secretariat of State of Energy, in accordance with the Article 2.6 of Royal Decree 344/2012 of 10 February, for which the basic organic structure of the Ministry of Industry, Energy and Tourism is developed.

The IDAE is created by the additional twenty-first provision of Law 46/1985, of December 27, of General State Budgets, as an entity governed by public law, for the management and development of the savings policy, conservation and diversification of energy, transforming the then autonomous agency Instituto para la Diversification y Ahorro de la Energía, under the Ministry of Industry and Energy, into an entity governed by public law, from those provided for in the Article 7 (1) (b) of Law 11/1977 of 4 January, General Budget, retaining the same name. At the same time, the additional provision referred to in Article 1 (2) of Regulation (EU) No 62014 provides for the necessary legal, economic and other legal provisions, economic resources and other legal provisions, by sending the public entity into a regulatory standard.

In compliance with this forecast, the Royal Decree 802/1986 of 11 April, establishing the Statute of the Institute for the Diversification and Saving of Energy, which was subsequently amended by the Royal Decree, was approved. Decree 252/1997 of 21 February 1997, the additional provision of Royal Decree 2100/1998 of 25 September 1998, of the basic organic structure of the Ministry of Industry and Energy, and Royal Decree 1566/2010 of 19 November. In addition, and as a result of the forecast contained in the third transitional provision of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, which requires the adaptation of the autonomous organizations and other entities governed by public law to the typology of public bodies provided for in Article 43, the IDAE was set up pursuant to Article 72 of Law 50/1998 of 30 December 1998 on fiscal, administrative and social order measures, such as a business public entity as referred to in point (b) of paragraph 1 of that Article 43, which makes it necessary to adapt its structure to the provisions of Article 62.1 of Law 6/1997 of 14 April.

Other rules that contain forecasts applicable to the organizational structure of the IDAE and its activity have been approved, as are, in particular, Royal Decree 451/2012 of 5 March, which regulates the system Remuneration of the maximum responsible and managers of the business public sector and other entities; the Order of 12 April 2012, of the Minister of Finance and Public Administration, approving the classification of public entities business and other entities governed by public law; and Royal Decree-Law 20/2012 of 13 July 2012, measures to ensure budgetary stability and to promote competitiveness, which in its additional provision twelfth to the IDAE new purposes and functions, and in addition to the additional provision thirteenth of its own instrumental and technical service of the Administration, for the purposes of the provisions of Article 24.6 of the recast of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, and authorising the Government, in its fifth final provision, to make the necessary provisions for its development and application.

As a consequence of such forecasts, it is considered appropriate to approve a new Statute updated and in line with the times, and therefore to repeal the Royal Decree 802/1986, of 11 April until now in force, according to Article 62.3 of Law 6/1997 of 14 April, which states that the statutes of the autonomous organizations and business public entities shall be approved by royal decree of the Council of Ministers, at the initiative of the holder of the Ministry of The European Parliament and the Council of Ministers for Economic and Monetary Affairs and Hacienda, today Ministry of Finance and Public Administrations.

In its virtue, at the initiative of the Minister of Industry, Energy and Tourism, and on the proposal of the Minister of Finance and Public Administrations, in agreement with the State Council, and after deliberation by the Council of Ministers in its Meeting of the day 17 January 2014,

DISPONGO:

Single item. Approval of the Statute of the business public entity Institute for Energy Diversification and Savings.

The Statute of the business public entity Institute for the Diversification and Saving of Energy, the text of which is inserted below, is approved.

Single repeal provision. Regulatory repeal.

The Royal Decree 802/1986 of 11 April, establishing the Statute of the Institute for the Diversification and Saving of Energy, as well as the provisions of equal or lower rank, is hereby repealed. foreseen in this royal decree.

Final disposition first. Powers of development.

The Minister of Industry, Energy and Tourism is empowered to make the necessary provisions for the development and implementation of this royal decree.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on January 17, 2014.

JOHN CARLOS R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO

CORPORATE PUBLIC ENTITY STATUTE FOR ENERGY DIVERSIFICATION AND SAVINGS

CHAPTER I

Nature, legal regime and purpose

Article 1. Nature.

1. The Institute for Energy Diversification and Savings (IDAE) is a public entity of the companies provided for in Article 43.1.b) of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State.

2. The business public entity IDAE has its own distinct public legal personality, equity and treasury, as well as management autonomy for the fulfilment of its purposes.

3. The IDAE will be attached to the Ministry of Industry, Energy and Tourism through the Secretariat of State of Energy, to which it corresponds its strategic direction and the evaluation and control of effectiveness of its actions, in the previewed terms in Articles 43 and 59 of Law 6/1997 of 14 April.

Article 2. Legal framework.

1. The IDAE will be governed by the additional twenty-first provision of Law 46/1985, of 27 December, of General Budget of the State for 1986; by Law 6/1997, of 14 April; by the additional provisions twelfth and thirteenth of the Royal Decree-Law No 20/2012 of 13 July 2012 on measures to ensure budgetary stability and the promotion of competitiveness; by Law 47/2003 of 26 November 2003, General Budget, as planned for business public entities; This Statute and the other legal provisions applicable to the institutions business public.

2. The IDAE shall be subject to private law, except in the formation of the will of its organs, in the exercise of administrative powers conferred on it and in those other aspects in which it is specifically established in its statutes or results from the provision of the business public entities in Law 6/1997 of 14 April.

Article 3. Purposes and functions.

1.For the purposes and functions of the Energy Diversification and Saving Institute:

(a) Propose, adopt and, where appropriate, implement the guidelines, measures and studies that are accurate to obtain the appropriate level of conservation, saving and energy diversification in the industrial, agricultural or industrial sectors. services, which may, for such purposes, carry out any kind of activities and services in relation to public administrations and companies, as well as to any private entities, companies and persons.

b) Analyze, determine, propose and, where appropriate, implement the necessary measures to obtain effective sectoral policies, encourage the use of new technology in equipment and projects and encourage the use of new sources of energy, the rationalization of consumption and the reduction of energy costs.

c) Analyze, define, propose and implement programs to investigate renewable sources of energy to energy supply.

d) The allocation and control of any grants and financial incentives for conservation, saving, diversification and energy development purposes. The Institute may also exercise the functions of agency, mediation or creation of funding channels for enterprises or entities in general that are appropriate for the achievement of the defined objectives.

(e) For the purposes set out in the preceding paragraphs, the Institute may develop technical assistance, service engineering, consultancy, management or execution, advice and marketing activities, in general, of products, patents, trademarks, models and industrial designs, to make investments, directly or indirectly, in projects of energy interest and in already constituted or newly created Societies.

f) Support the development of technologies aimed at the decarbonization of electrical generation.

g) Provide technical and economic assistance to the Ministry of Industry, Energy and Tourism, when expressly required, in the administrative, judicial or arbitral proceedings in which the General Administration of the Status.

(h) Develop the functions of own instruments and technical service of the General Administration of the State, and the agencies and entities dependent on it, for the work entrusted to it.

i) To perform, in general, how many functions and activities affect the promotion and management of energy saving and the conservation, diversification and development of energy.

j) Any other functions that are legally or legally attributed to you.

CHAPTER II

Governing Bodies and Operating Regime

Article 4. Governing bodies.

The governing bodies of the Institute for Energy Diversification and Savings will be:

a) The President.

b) The Board of Directors.

c) The Director General.

Article 5. The President.

1. The Chairman of IDAE shall also be the Board of Directors.

2. Will be the faculties of the President of IDAE:

a) Ostend the high representation of the Institute.

b) To be in compliance with this statute and the agreements adopted by the Board of Directors and, where appropriate, the Executive Committee.

c) Exercise the high inspection of the entity's services and the monitoring of the development of its activity.

(d) The other powers and functions assigned to it by these statutes, delegated to it, as appropriate, by the Board of Directors or corresponding to it in accordance with the rules in force.

3. The President of the entity, as Chairman of the Board of Directors, shall address the deliberations and other tasks of the Management Board and shall convene, chair and set the agenda for the meetings of the Board of Directors. Administration.

4. In cases of vacancy, absence, sickness or impossibility of assistance for any other cause, the Chairman of the Board of Directors shall be replaced by the Vice-President or the head of the Directorate-General of the entity.

Article 6. Board of Directors.

1. The Board of Directors shall be the institution's governing body.

2. The Management Board shall be composed of the following members:

(a) The President, who will be the head of the Ministry of Energy's Secretary of State for Energy, Energy and Tourism.

b) The Vice President, who will be the head of the Directorate General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism.

c) Seven vowels:

1. The General Manager of the entity.

2. Two designated representatives among persons of recognized competence in the service of the General Administration of the State, and the appropriate representation in the Management Board of the related areas must be guaranteed. directly with the competences of the IDAE.

3. A representative of the Ministry of Finance and Public Administrations in accordance with the provisions of Article 13.3 of Law 33/2003 of 3 November of the Heritage of Public Administrations.

4. Three designated representatives among persons of recognized energy competence of the Ministry of Industry, Energy and Tourism.

Attend as Secretary, the head of the General Secretariat of the Institute for Energy Diversification and Savings, who will act with voice but without a vote.

3. The members of the Board of Directors shall be appointed by the holder of the Ministry of Industry, Energy and Tourism, on a proposal from the holder of the Department, organ or body to which they belong or the holder of the Secretary of State for Energy, in the case of the representatives referred to in subparagraph (c) .4

4. They may also attend the meetings of the Board of Directors, with a voice but no vote, all persons who are convened by their President, as experts in the subjects included on the agenda, with the aim of providing appropriate assistance to the Council, without its assistance being entitled to the perception of any remuneration.

Article 7. Functions of the Board of Directors.

1. The Board of Directors shall, in accordance with this Statute and in accordance with the provisions of the legislation in force, correspond to the following tasks:

a) Organize, direct, and inspect the operation of the entity.

b) Regular the functioning of the Council itself and other bodies of the entity, as not provided for by this royal decree.

(c) Approve, after elevation to the Ministry of Industry, Energy and Tourism, the operating budgets, capital budgets, memory and multi-annual action programme, for the purposes of its corresponding processing under Law 47/2003 of 26 November, General Budget.

d) Approve the entity's annual accounts, in accordance with the provisions of Law 47/2003 of 26 November, General Budget.

e) Authorizing the acts and contracts that are necessary or suitable for the realization of the purposes of the Institute, whatever its legal title and its content or value, without prejudice to the necessary authorizations provided for in the recast text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November.

f) Authorize the entity's investments and financial operations, including the incorporation and participation in commercial corporations, prior to the necessary legal requirements.

g) Authorize expenses and dispose of the entity's funds, as well as claim and charge them in accordance with commercial rules, and other implementing regulations.

(h) Agree on the exercise of the judicial actions and remedies that correspond to the entity in defense of its interests.

i) Approve and order, on a proposal from the head of the Directorate General of the Institute, the internal organization of the institution and the criteria for the selection, admission and, after favourable report of the Ministry of Finance and Public administrations, the remuneration of staff. In particular, it is appropriate to propose to the holder of the Ministry of Industry, Energy and Tourism the additional remuneration of the management staff of the entity in accordance with Royal Decree 451/2012 of 5 March, for which the the remuneration of senior managers and managers in the business public sector and other entities.

(j) Name and separate the holder of the General Secretariat of the entity and other management personnel, in accordance with the principles and criteria set out in Article 13.2 of Law 7/2007 of 12 April of the Basic Staff Regulations. Public Employee, on a proposal from the head of the Institute's Directorate-General.

k) Delegate, in an indefinite or temporary manner, certain functions in its President, in the members of the Council and in the holder of the Directorate-General of the Institute.

l) To confer special proxies for specific cases, without limitation of persons.

m) Promote how many general measures contribute to the best development of society's public ends in terms of energy consumption diversification and savings, promoting the necessary external agreements and collaborations.

2. The above list of functions of the Council shall be without prejudice to the general powers of the Council in order to the representation, government, management and administration of the entity, except as expressly provided for by law and in this Statute.

3. The powers of the Management Board, as referred to in paragraph 1 (b), (c), (d), (i), (j), (k) and (l) of this Article, or those acts of provision involving commitments or allocations, shall not be delegated to the Management Board. for a value exceeding EUR 600,000.

4. Any indefinite delegation of powers of the Council to the President, members of the Council and the head of the Directorate-General of the Institute shall require a favourable vote of two-thirds of the members of the Institute.

5. The Management Board may set up one or more delegated committees or working groups for the exercise of studies or the analysis of specific questions, setting out the scope of this delegation, its operating rules and the number of members to be a part of them. In their absence, the rules laid down for the Management Board in these Statutes shall apply.

You will act as Secretary of the same as the Board of Directors.

6. The decisions to be taken by the Administrative Board, in the exercise of administrative powers, shall terminate the administrative procedure, in accordance with the provisions of the additional provision of Law No 6/1997 of 14 April 1997.

7. It will be up to the President of IDAE to order, by resolution, the publication in the "Official State Gazette" of the agreements adopted by the Board of Directors, which by its nature will require it.

Article 8. Legal status of the Council.

The legal status of the Board of Directors, as well as the powers and powers of its members and other members, shall be as provided for in Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the legal system of Public Administrations and the Common Administrative Procedure, without prejudice to the peculiarities of this Statute.

Article 9. Operation.

1. The Board of Directors shall meet on a monthly basis and, where necessary, on a proposal from the President or at least three members, in extraordinary session.

2. The call shall be made in writing and shall be notified to each counsellor, stating the date, time and place of the meeting, the order of the day and the information on the subjects to be dealt with, all at a minimum notice of forty-eight hours. A second call may also be established, half an hour later, at least, of the time provided for in the first call.

notwithstanding the foregoing, the Council shall not be required to meet, if all its members are to decide, by unanimity, to hold a meeting, in accordance with the agenda which they may approve, also by unanimity.

3. For the valid constitution of the Council, for the purposes of the holding of meetings, deliberations and the taking of agreements, the presence of the President and the Secretary or those who replace them shall be necessary and, at the very least, the presence of the half plus one of the Councillors. The second call shall be sufficient, in addition to the President and Registrar, or those who replace them, with the assistance of the third party.

4. The agreements will be adopted by a majority of the members. In the event of a tie, the President shall have a vote of quality.

5. Minutes of each session shall be drawn up by the Secretary, who shall be approved by the Secretary or at the following session, as determined by the Board of Directors.

The minutes must be signed by the Secretary with the approval of the President, atoning for certification of the agreements of the Board of Directors in the same way.

Article 10. The Director General.

1. The head of the Directorate-General, which shall have the highest responsibility for the IDAE, shall be the executive body to which the functions of management, administration, management and ordinary representation of the entity correspond and, through the which, the Council agreements are effective.

2. The head of the Directorate-General shall be appointed and separated by royal decree agreed upon in the Council of Ministers, on the proposal of the Minister of Industry, Energy and Tourism, taking into account the principles of merit, capacity and suitability.

3. The following functions and powers are assigned to the head of the Directorate-General:

a) Ostend the entity's ordinary representation for the holding of any legal acts or business, without prejudice to other special representations that may be granted by the Board of Directors.

b) Attend the Chairman of the Board of Directors in the surveillance and enforcement of the Statute.

c) Run the Management Board agreements.

d) Order expenditure and payments on current and personal expenditure, as well as those which may be delegated by the Board of Directors on a specific or generic basis.

e) Exercise the management of staff and services, activities and services of the Institute, as well as the impetus and coordination thereof.

f) Grant all kinds of powers, in accordance with the authorizations approved by the Council.

(g) Contreat the staff of the Institute, in accordance with the criteria defined by the Board of Directors and as established, where appropriate, in the relevant Collective Agreement and in Law 7/2007, of 12 April, of the Staff Regulations Public Employee Basic.

h) Propose to the Board of Directors the appointment and separation of the management staff of the Institute.

i) Approve the projects of studies, works or services and legal businesses in general up to an amount of 120,202 euros.

j) Represent the Institute, by delegation of the Council, in the exercise of any actions and resources and before any public or private persons or entities.

k) Exercise the powers entrusted to it by the Board of Directors and delegate them, subject to the authorization of the Council itself.

4. The previous relationship of privileges of the head of the Directorate-General is without prejudice to those relating to the Board of Directors and, where appropriate, to the Executive Committee.

5. In the case of vacancy, absence or sickness, the holder of the Directorate-General shall be replaced by the person appointed by the Management Board. In the event of urgency, the President of the Institute may, on a provisional basis, designate a replacement to be confirmed by the Board of Directors convened for that purpose.

6. The holder of the Directorate-General, where it considers it necessary, may delegate all its powers, except those referred to in paragraphs (b), (e), (f), (g), (h) and (i) of paragraph 3 of this Article.

CHAPTER III

Other organs

Article 11. The Executive Committee.

1. The Management Board may, for the best of its purposes, set up an Executive Committee which, as a support body under the terms of the Board, shall be composed of the following members:

(a) The President, who will be the head of the Directorate General of the Energy Diversification and Saving Institute.

b) Three vowels to be appointed by the Minister of State of Energy of the Ministry of Industry, Energy and Tourism among the members of the Board of Directors.

(c) The Secretary, who shall be the holder of the General Secretariat of the Energy Diversification and Saving Institute.

2. The following powers are conferred on the Executive Committee:

(a) Develop annually and raise to the Board of Directors for approval the entity's programs, budgets, and annual accounts.

b) To know and report in advance the matters to be submitted to the Board of Directors by the head of the Directorate-General.

(c) Approve the grants or aid and contracts of between 120,202 and 600,000 euros, and know the destination, amount and application of the granted and concerted amounts lower than the one mentioned since their last meeting.

d) To monitor and monitor the Institute's objectives and action plans.

e) Exercise those other privileges that the Board of Directors entrusts or delegates to it.

Article 12. The Advisory Committee on Energy Saving and Efficiency.

1. As an advisory body to IDAE, and dependent on the Board of Directors, the Advisory Committee on Energy Saving and Efficiency is created.

2. The Commission shall be composed of the following members:

(a) The President, who will be the head of the Secretary of State for Energy of the Ministry of Industry, Energy and Tourism.

b) The Vice President, who will be the head of the Directorate General of the Energy Diversification and Saving Institute.

c) Vocals:

1. A representative of each of the Autonomous Communities and Cities of Ceuta and Melilla, appointed by the holder of the Ministry of Industry, Energy and Tourism, on a proposal from the competent body of each Community or City with Status of Autonomy.

2. Two representatives of the General Administration of the State, appointed by the head of the Ministry of Industry, Energy and Tourism, on a proposal from the head of the Secretary of State for Energy.

d) The Secretary, who will be the head of the General Secretariat of the Institute for Energy Diversification and Savings, with voice and vote.

3. The Commission shall have the following tasks:

a) Act as an advisory body to the Energy Diversification and Saving Institute, in terms of energy saving and efficiency.

b) Collect and study the suggestions and projects of the Autonomous Communities and Cities of Ceuta and Melilla in terms of energy saving and diversification.

c) To participate, through a proposal or report, in the process of planning the general actions of the Institute for Energy Diversification and Savings.

d) Analyze the implications of the different actions and programs that both the Institute for Diversification and Energy Saving and the Autonomous Administrations do in favor of savings and efficiency objectives energy.

e) Analyze regional energy statistics related to the aims and functions of the Energy Diversification and Saving Institute, on the basis of information developed by the Autonomous Communities and Cities of Ceuta and Melilla within the exercise of the powers conferred on them by their respective Statutes and which are provided to the Commission by those Articles.

f) Any other function entrusted to it by the Institute's Board of Directors.

Article 13. The General Secretariat of the Institute.

1. The Secretariat-General of the Institute shall be responsible for the tasks provided for in this Statute, as well as those assigned to it by the Management Board, on a proposal from the Director-General of the institution.

2. The holder of the General Secretariat shall be appointed and separated in accordance with the provisions of Article 7.1.j. of this Statute.

CHAPTER IV

Entity staff

Article 14. Staff scheme.

1. All the staff of the Institute will be governed by the rules of Labor Law, with the specifications contained in Law 6/1997, of April 14, and in Law 7/2007, of April 12, of the Basic Staff Regulations, in all that it is of application. They will also be subject to the system of incompatibilities provided for in Law 53/1984, of December 26, of Incompatibilities of Personnel to the Service of Public Administrations.

2. In addition to the holder of the General Secretariat, the staff of the Institute shall be considered to be the Director of the Institute, the staff carrying out the planning and coordination of activities specific to a particular field of action, the establishment of objectives and the control of their compliance, as well as the management of the work equipment or teams assigned to it, subject to the special work regime of senior management. These functions shall be exercised with autonomy and responsibility, only limited by the criteria and instructions issued by the holder of the Directorate-General.

3. The management staff will carry out their duties with absolute dedication, full independence and total objectivity, submitting themselves in the development of their tasks to evaluation, according to the criteria of effectiveness, responsibility for their management and control results. You must also observe the duties of diligence, discretion and professional secrecy in the performance of your duties.

4. The management staff shall be appointed, in accordance with the provisions of Article 7.1.j), in conjunction with Article 10.3.h) of the Staff Regulations, seeking to take account of the principle of a balanced presence between women and men, by means of procedures which ensure advertising and competition, in accordance with the criteria laid down in Article 6 (10) of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, taking into account the principles of merit, capacity and suitability as well as experience in the performance of positions of responsibility in public or private management.

In any event, the determination of the maximum and minimum number of directors of the Institute and its conditions and remuneration shall be in accordance with the provisions applicable to the staff at the service of the institutions. business public.

5. The remaining staff will be selected by public call based on the principles of equality, merit and capacity.

6. Staff actions shall be in accordance with the criteria to be defined by the Management Board, in accordance with the general provisions of the budgetary rules and the specific features of the present Directive. Statute.

CHAPTER V

Patrimonial regime

Article 15. Heritage and resources.

1. The IDAE shall have, for the purposes of its purposes, a property of its own and distinct from the assets assigned by the General Administration of the State, consisting of the set of assets, rights and obligations of which it is a holder.

2. The management of the assets of the Institute for the Diversification and Saving of Energy shall be governed by the provisions of Law 33/2003 of 3 November of the Heritage of Public Administrations.

3. In accordance with the provisions of Article 65 (2) of Law 6/1997 of 14 April, the economic resources of the IDAE are constituted by:

(a) The goods and securities that constitute their patrimony, and the products and income derived therefrom, as well as those that from this date can be incorporated and assigned by any person or entity and by any title.

(b) The State's contribution to investment and operational expenditure, to be allocated to the Institute in the State Budget.

c) The ordinary and extraordinary income generated by the exercise of their activities and the provision of their services.

(d) Loans, medium-and long-term loans, borrowings and other financial operations that may be concluded for the due fulfilment of its purposes and functions.

e) Grants and contributions which, by any title, are granted in their favor by public or private entities, or individuals.

f) Any other resources not provided for in the preceding letters that may be attributed to you.

CHAPTER VI

Economic and financial regime

Article 16. Budgetary regime.

1. The IDAE shall annually draw up its operating and capital budget and the multiannual action programme, with the structure set out by the Ministry of Finance and Public Administrations, which, once approved by the Management Board, shall be processed in the form established by Law 47/2003 of 26 November, General Budget, for business public entities.

2. The preliminary draft budget for exploitation and capital, together with the multiannual action programmes, will be sent electronically by the Ministry of Industry, Energy and Tourism to the Ministry of Finance and Public Administration. The operating and capital budgets will be integrated into the State's General Budget.

3. The system of budgetary changes shall be the general rule laid down in Law 47/2003 of 26 November for business public entities.

4. The power to authorise budgetary changes that are not regulated by the provisions of Law 47/2003 of 26 November shall be the responsibility of the Board of Directors.

Article 17. Accounting regime and financial control.

1. In accordance with the provisions of Article 58 of Law 6/1997 of 14 April, of the Organization and the Functioning of the General Administration of the State, the financial control system of the IDAE will be established in Law 47/2003, of 26 of November.

2. In accordance with Article 121.3 of Law 47/2003 of 26 November, the IDAE will apply the accounting principles and standards contained in the Spanish Business Code and the General Accounting Plan of the Spanish company as well as its adaptations and provisions that develop it.

3. Without prejudice to the audit powers conferred on the Court of Auditors, the Institute shall be subject to the control exercised by the General Intervention of the State Administration, through the Intervention Delegated thereto, in the the terms and conditions laid down in Law 47/2003 of 26 November for the business public entities.

4. The surrender of the annual accounts of the IDAE shall be carried out by the Director General of the IDAE in accordance with Articles 137 and 139 of Law 47/2003 of 26 November, General Budget.

Article 18. Effectiveness control.

It is up to the Ministry of Industry, Energy and Tourism to monitor the effectiveness of the Energy Diversification and Saving Institute, in order to verify the degree of compliance with the objectives and the appropriate use of the resources allocated, in the terms provided for in Article 59 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, without prejudice to the provisions of Law 47/2003 of 26 November, General Budget.

CHAPTER VII

Hiring regime, own instrumental and technical service

Article 19. Applicable rules on procurement matters.

The IDAE contracting regime will be provided for in the recast text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November.

Article 20. Own instrumental and technical service.

1. The IDAE, in the terms provided for in this Statute, shall have the consideration of its own instruments and technical service of the Administration for the purposes specified in Article 24.6 of the recast of the Law on Contracts of the Sector Public, approved by Royal Legislative Decree 3/2011 of 14 November, for the performance of all the works entrusted to it by the General Administration of the State and the agencies and public entities linked to it and having the consideration of the contracting authority, in all matters relating to its purposes and functions, carry out the work entrusted to it in accordance with the instructions set out unilaterally by the entrustment.

2. The actions entrusted to the Institute for the Diversification and Saving of Energy will be defined, according to the cases, in projects, memories or other technical documents, and valued in their corresponding budget, according to the fees or remuneration fixed by the Secretary of State for Energy, in accordance with the arrangements set out in paragraph 4.

Before formulating the mandate, the competent bodies of the entrustment shall approve these documents and carry out the necessary technical, legal, budgetary and control procedures and approval of the expenditure. The task of each compulsory action shall be formally communicated by the person entrusted to the Institute for the Diversification and Saving of Energy, stating, in addition to the background of the action, the name of the Institute, the time limit for the the amount, the corresponding budget item and, where appropriate, the annuities in which it is financed with their respective amounts, as well as the director or designated person for the performance to be performed. You will also be provided with the document setting out this action, with your detailed budget.

The communication entrusting a performance to the Energy Diversification and Saving Institute will be the order to start it. The Energy Diversification and Saving Institute shall perform its actions in accordance with the definition document which the authorising officer provides and following the directions of the director or designated person for each action.

in order to ensure the proper implementation of the activities which are the subject of the mandate, a monitoring committee will be set up for each project, at least 50% of the representatives of the Member of the Commission. The monitoring committee shall be responsible for analysing the problems of interpretation and compliance which may arise, as well as where appropriate, to propose to the body responsible for the action to be taken.

3. The fees shall be paid by way of fares subject to the arrangements provided for in the following paragraph, and the power, for the authority conferring the order, to issue the instructions necessary for its implementation.

4. The fee or remuneration of the charge shall cover the value of the benefits in charge, taking into account for its calculation the direct and indirect costs, and a percentage of industrial benefit, which may vary according to the contracted volumes or other objectively acceptable circumstances in accordance with the relevant markets, with the exception, in any case, of any items which may be considered as public aid.

5. The relations of the Institute for the Diversification and Saving of Energy with the General Administration of the State and its agencies and dependent entities, in their condition of their own instrumental and technical service, have no nature contractual, so, to all intents and purposes, they are internal, dependent and subordinate in character.

6. The Institute for the Diversification and Saving of Energy may not participate in public tenders convened by the General Administration of the State and its agencies and dependent entities, which have the consideration of a contracting authority, and which is a means of its own instrument, without prejudice to the fact that where no tenderer is present, it may be entrusted with the implementation of the provision concerned.

7. The Institute for Energy Diversification and Savings will submit, if necessary, the contracts necessary to implement the provisions of the recast text of the Law on Public Sector Contracts, approved by Royal Decree Legislative 3/2011 of 14 November.

8. After the action has been completed, recognition and verification shall be carried out in the legally established terms, extending the relevant document and proceeding to its liquidation within the following six months.