The Energy Saving and Efficiency Plan (PAEE) is a concrete programme of actions, included in the National Energy Plan (PEN) 1991-2000, approved by the Council of Ministers at its meeting on 26 July 1991, which establishes a line of grants for energy use projects in accordance with Law 82/1980 of 30 December on energy conservation.

The Order of 20 March 1995 approved the regulatory bases for the grant of grants under the EEAP for the five-year period 1995-1999. Subsequently, the Order of 20 December 1995 partially amended the previous order. The new facts mentioned below advise the modification of both.

First, it is necessary to adapt Spanish legislation to the "Community guidelines on State aid for environmental protection" which review the schemes already authorised by the European Commission.

Secondly, the Community Support Framework 1994-1999 for Community structural assistance in the Spanish regions of Objective 1, approved by the Commission Decision of 29 June 1994, provides for the the European Regional Development Fund (ERDF), additional aid in energy and environmental action compatible with the actions of the EEAP in the rational use of energy, the rational replacement of energy sources and the promotion of renewable energy.

In this respect, in the context of the Community Support Framework 1994-1999 Plurirregional, the European Union Commission has approved a global grant (FEDER-IDAE) for this purpose.

The development of the PAEE over the period 1991-1996 has, in general terms, had a good performance. However, while the cogeneration programme and, in the context of renewable energy, the areas of wind and photovoltaics, have exceeded the objectives initially set, a lower level of compliance is observed in the programmes. saving and replacement and in the areas of biomass and solar thermal.

It is also necessary to consider not only the possibility of a grant for one-off projects but also the promotion of specific action plans in certain specific energy areas, in order to fully achieve the the objectives of the EEAP for the year 2000.

It seems appropriate, in order to improve the economic and financial management of the PAEE, to designate the Institute for Diversification and Energy Saving (IDAE) as a contributing entity of the Ministry of Industry and Energy, for the purposes of provided for in Article 81.5 of the recast text of the General Budget Law, in accordance with the wording of Law 13/1996 of 30 December 1996 on Fiscal, Administrative and Social Order Measures.

In addition, agreements may be established with the Autonomous Communities for the same purposes as in Article 81.5.

In the Budget of the Ministry of Industry and Energy for the financial year 1997, appropriations are provided for the Energy Savings and Efficiency Program (PEAP).

It is therefore necessary to dictate this Order, which specifically regulates the aid lines of the Ministry of Industry and Energy in terms of saving, energy efficiency and the promotion of renewable energy, in coordination with European funds and collaborating with the Autonomous Communities on actions that could be developed in facilities located in specific areas.

In its virtue, I have:

First. Purpose of the grant. -1. The purpose of the grants linked to this Order is to contribute to the objectives of the Energy Savings and Efficiency Plan, by promoting actions for the rational use of energy or the use of renewable energy sources.

Investment projects whose cost is to be subsidised should use techniques, technologies or systems involving an optimisation of energy use.

The reduction of the environmental impact and the development of regional energy infrastructures will be elements to be taken into account when they are incorporated into the above characteristics.

2. Actions in any of the following areas shall be understood as eligible for the purposes of this Order:

(a) Projects for the rational use of energy or the replacement of energy sources in industry, transport, services and buildings.

b) Demonstration and dissemination projects of one of the following renewable sources of energy: Hydraulics, wind, solar (thermal or photovoltaic), use of biomass or waste (industrial, agricultural or urban) and geothermal.

Second. Temporal scope. -1. This Order shall remain in force until 31 December 1999.

2. For each financial year, the corresponding call shall be published annually, which shall be expressive of the requirements and objectives of the EEAP for each year.

3. Annex I to this Order sets out the specific actions to be implemented in each of the specific areas for the 1997 call. For the years after 1997, when the corresponding call for tenders is published in the Official State Gazette, the specific actions to be awarded in the financial year in question shall be included in Annex I. This will take into account the degree of achievement of the objectives of the Energy Efficiency and Savings Plan and the development of priorities.

Third. Beneficiaries. -They may benefit from the grants in this Order:

a) Public or private companies.

(b) The groupings of such undertakings.

c) Nonprofit institutions.

d) Local Corporations.

(e) Natural persons who carry out projects related to the activities referred to in the first paragraph of this Order and comply with the requirements specified therein.

f) The communities of neighbors, or groups thereof, that present integrated projects to provide service, at least, to 150 homes.

Fourth. Applications. -1. The interested parties shall submit their application, in triplicate, to the Secretary of State for Energy and Mineral Resources, in one of the following places:

a) Institute for Energy Diversification and Savings (IDAE), Paseo de la Castellana, 95, plant 21, 28046 Madrid.

b) Any other of the places provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. The grant application must conform to the model set out in Annex II to this Order and be the basic document for the assessment of the project, so it must be correctly completed in all the data and paragraphs affect the project. However, in accordance with the provisions of Article 71.1 of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure, a period of ten days shall be granted for the correction of errors.

3. Such application shall be accompanied by:

(a) Technical documentation specified in Annex I of the corresponding annual call in triplicate.

(b) Declaration of applications for grants relating to the same project to the Autonomous Communities, the European Union or any other national or international government or public authorities; and, where appropriate, of the grant of grants, relating to the same project, carried out by any of the Public Administrations cited.

(c) Photocopy of the card of legal persons and entities in general, established in application of Royal Decree 2524/1975, of 25 September, if the applicant is a legal person.

(d) Where the applicant is a legal person, the power of the signatory of the application, quite in law, and public deed of the constitution of the company, if any.

e) A photocopy of the tax identification card established pursuant to Royal Decree 338/1990 of 9 March, if the applicant is a natural person.

Fifth. Time limit for the submission of applications. The time limit for the submission of applications and documents annexed to the 1997 call shall be forty-five calendar days from the date following that of the publication of this Order.

For the following financial years, the time limit for submission shall be that set out in the relevant call.

Sixth. Instruction. -1. The procedure's instructor shall be the Secretary of State for Energy and Mineral Resources, and may entrust the Institute for Diversification and Energy Saving (IDAE) with the following functions:

a) Technical assessment of grant applications.

b) Communication with stakeholders regarding the process of instruction.

c) Issuance of the resolutions of the procedure. 2. If the management mandate referred to in the previous paragraph is established, it shall be recorded in written agreement to be published, for its effectiveness, in the "Official State Gazette".

3. The following may be entrusted to the Autonomous Communities or Cities which so request the Secretary of State for Energy and Mineral Resources within 30 calendar days of the publication of this Order. functions:

(a) A prior assessment report on applications to be implemented in their territorial scope. To this end, the instructor shall, within 15 calendar days from the date of the end of the period of admission of applications, forward the projects relating to that territorial area. The report shall be sent to the instructor within a maximum period of 20 calendar days from the date of receipt of the projects.

(b) Monitoring and monitoring of projects within the territorial scope by drawing up quarterly progress reports, from the date of the award decision, to enable the degree of implementation to be verified of the same. These reports shall be sent to the instructor, who shall in turn inform those Communities or Autonomous Cities of the progress of the payment file.

4. In the event that the application is lodged at the headquarters of an administrative body other than the Institute for Diversification and Energy Saving (IDAE), the latter shall, within the maximum period of ten working days, reach the (i)

Seventh. Commission for the Technical Assessment of Grants. -1. The applications shall be examined by the technical services of the Energy Diversification and Saving Institute (IDAE) which shall forward them, with their report and the documentation provided by the applicant, and, where appropriate, the report issued by the Community or Autonomous City where the project is located to the instructor body that will raise them to the Commission for the Technical Assessment of the Grants.

2. The Commission shall assess the applications received and shall set out in the motion for a resolution the specific conditions to be met by the beneficiary.

3. The composition of the Commission for the Technical Assessment of Grants shall be as follows:

It will be chaired by the Secretary of State for Energy and Mineral Resources. He will be Vice President-General Energy Planning. They will be Vocals: A representative of the General Directorate of Industry, with the category of Subdirector General; a representative of the Directorate General of Small and Medium-sized Enterprises of the Ministry of Economy and Finance, with a category of Deputy Director-General; a representative of the Cabinet of the Secretary of State for Energy and Mineral Resources, with a category of Deputy Director-General; the Deputy Director-General of Electrical Energy, and an official, with a minimum category of Technical Adviser, the General Energy Planning Subdirectorate, who will act as Secretary.

The absence of the Secretary will be covered by the Vocal in penultimate place.

All Vocals nominated on behalf of different administrative units shall be appointed by the Secretary of State for Energy and Mineral Resources on the proposal of the holder of each of these units.

4. The legal status of the Commission is set out in Chapter II of Title II of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Eighth. Criteria for the assessment of grants. -1. As a general criterion for the selection of actions to be supported, projects in which one or more of the following circumstances are present shall be considered to be a

:

(a) Projects presented by SMEs, with the understanding of companies with no more than 250 employees, up to 6,000,000,000 pesetas net of their annual turnover or a total of the assets of the asset not exceeding 4.000,000,000 pesetas and in which no more than 25% of companies are involved, other than SMEs, except where these are public investment firms, venture capital firms or, provided that no control is exercised, institutions, or, where appropriate, those which comply with the requirements laid down by the European Union.

b) Projects derived from previous energy audit actions.

c) Projects included in sectoral agreements for the improvement of energy efficiency and the use of renewable energy previously established with the Secretary of State for Energy and Mineral Resources.

(d) Projects involving inter-company cooperation.

e) Projects whose proper presentation, as set out in the fourth paragraph of this Order, will allow for their correct analysis and evaluation.

2. The specific assessment criteria for each of the areas covered by the grant are set out in Annex I to this Order. These criteria may be reviewed at each annual call.

3. For the determination of the percentages and amounts of each grant, in addition to the terms of reference laid down in each annual call, the nature and characteristics of the project presented by the grant shall be taken into account. the applicant, both in its energy and economic impact, as well as the generation of industrial added value.

4. For the purpose of co-financing from the European Regional Development Fund (ERDF), through the FEDER-IDAE global grant, projects shall meet the following requirements:

(a) Being located in areas covered by Objective 1 regions, i.e. Andalusia, the Canary Islands, Cantabria, Castilla-La Mancha, Castilla y León, Ceuta, Comunidad Valenciana, Extremadura, Galicia, Melilla, Principality of Asturias and Region of Murcia, as established by the European Commission for structural assistance.

b) To be carried out by SMEs exclusively in one of the following sectors: Industry, trade or services, or by administrative bodies or entities in public service actions. Projects in the transport sector are excluded.

c) In the case of renewable energy projects, they are generally eligible under the condition that they are located in the abovementioned Objective 1 regions.

Ninth. Amount of the grants. -1. The amounts approved for each project or action shall be fixed in accordance with Annex I to the corresponding annual call, and in no case may the percentages or maximum unit aid set out in that Annex be exceeded. Annex.

In projects co-financed with ERDF funds, through the FEDER-IDAE global grant, the aid rates set out in Annex I may be increased in the part corresponding to the contribution of this fund, In any case, the provisions of paragraph 4 of this paragraph shall be complied with.

2. Eligible costs, on which the grant percentages are to be calculated and the amount of the subsidy, shall be considered as eligible costs, which part of the investment in tangible goods is necessary to achieve the energy and environmental objectives provided for in the action. They shall also be regarded as eligible costs for projects for the rational use of energy or for the replacement of energy sources: energy audit or technical-economic feasibility analysis (a) a project must be implemented with a prior character. In no case shall the computer equipment awarded to the project, not necessary for the operation and control of the project, be considered within the eligible cost.

Costs that are financed by mechanisms for use in energy projects may be subsidised, mainly through leasing mechanisms, leasing or third-party financing. In such cases, the beneficiary must immediately apply the payment of the subsidy to reduce the amount of the deferred payment, even if the subsidy is transferred directly to the financing institution, if it has been stipulated in the the financing contract.

3. The following concepts shall not be considered eligible:

(a) invoices issued outside the eligible period or those that are not accompanied by the corresponding supporting evidence or payment commitment. However, payments made after the end of the eligible period shall be accepted, provided that the commitments for payment of the firm and the investment are actually made within the eligible period.

b) The VAT paid for the purchase of goods or services invoiced and in general any tax paid by the entity.

c) Financial expenses as a result of the investment.

d) Investments in used equipment.

(e) expenditure which is not clearly defined or which does not aim at the efficient use of energy or the use of renewable energy, as well as expenditure not directly attributable to the subsidised project.

f) Land acquisition costs.

4. The maximum amounts to be received for each action, both in isolation and in conjunction with other aid, will be subject to the conditions of the State aid rules which lay down national and European Union rules.

5. For projects whose purpose is to adapt the facilities to new mandatory rules, aid may be granted only to those which are in operation at least two years before the new rules enter into force.

6. Both the grant and the amounts of the grants will be subject to the availability of budgetary credit.

7. For the purposes of this Order, the eligible period shall be the period from 1 January of the year of the call in progress to 31 October of the year of completion of the project or action, in accordance with the programming of investments and aid to be approved in the relevant resolution.

8. For projects of a multiannual nature, the eligible costs incurred in the period from 1 November to 31 December of the years preceding the year of termination shall be paid from the following financial year.

10th. Hearing procedure. -1. Having regard to the requests for grants by the Commission referred to in the seventh paragraph of this Order, the Registrar shall forward the report to the persons concerned, so that, within 15 working days, the claims and present the documents and justifications they deem appropriate.

2. On the basis of the hearing, the proposal for a resolution, to be expressed by the applicant or the list of applicants for which the grant and the amount of the grant is proposed, shall be submitted to the competent body. specifying their assessment and the assessment criteria followed to carry out the assessment.

11th. Resolution. -1. Within 15 days, from the date of the lifting of the motion for a resolution and in accordance with the provisions of Article 89 of Law No 30/1992, the corresponding resolution of the Procedure by the Secretary of State for Energy and Mineral Resources.

2. The decision to grant shall be based on the assessment criteria set out in the eighth paragraph of this Order. It shall include the amount of the investment, the eligible cost, the amount of the grant awarded, its multiannual distribution, where appropriate, the time limits for the implementation of the project and the reasons for the investment, and the obligation on the part of the recipients of grants from the expenditure budget of the Ministry of Industry and Energy to express that circumstance in its references to the projects or actions and the achievements made.

The award of grants with multi-annual distribution shall be conditional, for the subsequent years to which the resolution is issued, on the existence of the corresponding budgetary appropriations. The grants for the 1997 call will be paid from the budget appropriations of the Ministry of Industry and Energy for the Energy Saving and Efficiency Programme (EAP).

3. The granting resolution may lay down technical or economic conditions of mandatory observance for the implementation of the project, such as accreditation of the necessary prior administrative authorizations for the implementation of the project, the requirement to provide an energy audit of the results obtained or any other information deemed necessary.

4. The resolution may determine the obligation to give publicity for the financing of the project by the aid of the Energy Savings and Efficiency Plan and, where appropriate, of the ERDF funds. It may also make the granting of aid conditional upon prior authorization to the Ministry of Industry and Energy, by the beneficiary, to make public the results of the project, in order to promote new efficiency actions. energy.

5. Within 15 working days, the person concerned shall make express acceptance of the terms of the judgment given. Otherwise, it will be considered as a waiver and a resolution will be issued accepting the resignation.

6. The resolution will put an end to the administrative route.

7. Where the application for a grant is rejected, a reasoned decision shall be given. However, the grant award should be considered to be rejected in the following cases:

When six months have elapsed, counted from the date on which the application had entered into any of the Records of the competent body, without the processing of the hearing provided for in the paragraph tenth.

When the hearing procedure has been completed, three months have elapsed without any definitive resolution.

8. Applications for a change of programming, duly substantiated, both within the time limits for implementation and in the grant annuities, may be permitted on an exceptional basis if they are submitted to the instructor before 1 September. each year or 30 working days before the expiry of that period for the year of completion of the project, as appropriate, provided that the investments corresponding to the years preceding the application are duly justified, in his case.

The Secretary of State for Energy and Mineral Resources shall, as appropriate, resolve within a maximum of one month.

If no resolution is issued within that period, the request for an extension shall be deemed to be rejected.

In no case, the programming changes may give rise to extensions in the execution time of more than six months.

12th. Economic and financial management. -1. In order to be able to access the ERDF funds available through the FEDER-IDAE global grant in the territorial areas of Objective 1 regions, as referred to in point 4 of the eighth paragraph of this Order, it shall act as an entity. The Institute for the Diversification and Saving of Energy (IDAE) is a contributor to these territories.

Consequently, and in accordance with the provisions of Article 81.5 of the recast text of the General Budget Law, a contributing entity is designated for the delivery and distribution of the aid referred to in this Order. The Institute for Diversification and Energy Saving (IDAE), for projects located in Objective 1 regions and in which, without being so, the corresponding Conventions of collaboration with the Autonomous Community do not subscribe.

In order to properly regulate their relations, the Ministry of Industry and Energy, as the granting department, will sign the appropriate collaboration agreement.

2. Similarly, the Autonomous Communities, which are not included in Objective 1 regions referred to in point 4 of the eighth paragraph, which so request, may subscribe to the Ministry of Industry and Energy for the purposes of the Article 81.5 of the recast text of the General Budget Law.

3. The Institute for Energy Diversification and Saving (IDAE) and the Autonomous Communities which subscribe to the relevant collaboration agreements shall act on all the effects related to the grants or aid referred to in the Order in name and on behalf of the Ministry of Industry and Energy.

4. The funds will be delivered periodically by the Ministry of Industry and Energy to the Institute for Energy Diversification and Saving (IDAE) and the Autonomous Communities mentioned in the previous point, upon reasoned request. In no case shall the funds received from the Ministry of Industry and Energy for distribution among the beneficiaries be considered as integrated into their respective assets.

5. These are the obligations of the Institute for the Diversification and Saving of Energy (IDAE) and the Autonomous Communities mentioned:

a) Deliver to beneficiaries the funds received in accordance with the criteria set out in this Order.

b) To verify, as appropriate, the compliance and effectiveness of the conditions or determinants for the grant of the grant.

(c) Justify the application of the funds received to the Ministry of Industry and Energy and, where appropriate, provide the justification presented by the beneficiaries.

d) Submit to the actions of verification that in respect of the management of these funds can be carried out by the department of the grantor and to those of financial control that the General Intervention of the Administration of the State and the the audit procedures of the Court of Auditors.

13th. Payment of the grants. -1. The grants covered by this Order will be paid out under headings 20.03.731F.774 and 20.03.731F.743 of the General Budget of the State for 1997, depending on whether the beneficiaries are private or public undertakings or public.

For successive financial years, the payment of the grants shall be conditional on the existence of the corresponding budget items, in sufficient amount.

2. Prior to the payment of the subsidy, it shall be an essential requirement that the beneficiary shall contribute to the Institute for the Diversification and Saving of Energy (IDAE) or the corresponding Autonomous Community of those referred to in paragraph 12. of this Order, documents proving that the activity covered by the grant has actually been carried out or is being carried out, where appropriate.

In order to facilitate the monitoring and control of the project, the beneficiary of the grant will complete the standard documentation that the Institute for Energy Diversification and Saving (IDAE) or the Autonomous Community referred to in paragraph 12 of this Order, I shall give you after the notification of the decision.

The Institute for the Diversification and Saving of Energy (IDAE) or the corresponding Autonomous Community, referred to in paragraph 12 of this Order, shall verify the compliance and effectiveness of the conditions or determinants for the grant of the grant and shall provide the beneficiaries with the corresponding funds in accordance with the criteria set out in this Order.

3. For the payment of the grants covered by this Order, the beneficiary shall request it from the Institute for the Diversification and Saving of Energy (IDAE) or the corresponding Autonomous Community, as referred to in paragraph 12 of this Article. Order, attaching an updated accreditation to the current of its tax obligations and in the face of Social Security, in the terms established by the Orders of the Ministry of Economy and Finance of 28 April 1986 and 25 November of 1987 (Official Gazette of the State of 30 April 1986 and 6 December 1987).

4. Where an account payment is requested, a partial certification of the value of the work performed, extended by the Institute for Energy Diversification and Saving (IDAE) or by the corresponding Autonomous Community, shall be submitted. of those mentioned in the twelfth paragraph of this Order, and original of the provision of a guarantee in the General Deposit Box, in any of the procedures laid down in the rules of the said Box and with the requirements established for the same, sufficient in the judgment of the Secretariat of State of Energy and Mineral Resources, for the amount of the aid granted and anticipated, and interest on late payment from the time of the payment to the established date of completion of the subsidised project. The authorisation of the payment on account shall be taken into account in the relevant resolution communicated to the person concerned.

The security shall be released, by means of the appropriate resolution, when the completion of the activity of origin of the aid has been verified and the minutes referred to in paragraph 6 of this paragraph have been issued.

5. For the purposes of settlement of the payment to account, the value of the eligible investment executed up to the settlement date, which has not been taken into account in previous payments in accordance with the approved programming, shall be understood as cost.

6. In the case of the last payment, the beneficiary shall request the Institute for the Diversification and Saving of Energy (IDAE) or the corresponding Autonomous Community, as referred to in paragraph 12 of this Order, to extend the verification, after completion of the implementation of the project, which it shall sign together with the representatives of the beneficiary, the Ministry of Industry and Energy and the administrative body referred to in point 7 of paragraph 12 of this Article. Order, if any.

7. For the payment of grants financed by "leasing" or other leasing arrangements, referred to in the ninth paragraph of this Order, the original of a guarantee for the lodging of a security in the Fund shall be submitted. General of Deposits, in any of the modalities provided for in the regulations of the said Box and with the requirements laid down for them, sufficient in the judgment of the Secretary of State of Energy and Mineral Resources, for the amount of the aid granted, and interest on late payment from the time of the payment to the date of the exercise of the option purchase. The security shall be released after the justification that the right has been exercised.

14th. Advance payment of the grants. -1. In reasonable and justified cases, upon request of the person concerned, the partial payment of the grant awarded each year before the performance of the action may be authorized by resolution up to the limit of 85 per 100 of the which would correspond to the current exercise. The decision shall be duly communicated to the person concerned.

2. In the event that the advance payment is granted, the beneficiary must present the original of the guarantee of lodging a guarantee in the General Deposit Box, in any of the modalities provided for in the regulations of the Caja and with the conditions laid down for them, sufficient in the judgment of the Secretary of State for Energy and Mineral Resources, for the amount of the aid granted and anticipated, and interest for late payment, from the time the advance was granted to the the deadline set for the implementation of the project. The provisions of Article 36 of the recast text of the General Budget Law shall be deemed to be in the interest of delay.

3. For the recovery of the remainder of the annuity referred to in the current financial year, the beneficiary shall submit to the Institute for the Diversification and Saving of Energy (IDAE) or the corresponding Autonomous Community of those referred to in paragraph 1. (a) the documents referred to in the third paragraph of this Order, bearing in mind that in the financial year corresponding to the last annuity of the grant, it shall be understood that this is the last payment, and in the rest of the exercises, of a payment on account.

4. The security referred to in point 2 of this paragraph shall be released where the accreditation and verification, by means of the evidence of the investment in the subsidised investment, have taken place, that the activity of the aid. This shall be sufficient for the submission of the documentation requested in paragraph 3 of this paragraph. For the release of this guarantee, a decision shall be made, which shall be communicated to the person concerned.

However, in the case of investments financed by leasing or other leasing mechanisms, referred to in the ninth paragraph of this Order, the said guarantee shall not be released until it is has effectively exercised the option of purchase.

15th. Justification.-The beneficiary of the grant shall be required to submit the documents requested by the Secretary of State for Energy and Mineral Resources within the time limit specified, and to facilitate the verification of the ensure the correct implementation of the supported action. It shall also be subject to the financial control activities corresponding to the General Intervention of the State Administration and those provided for in the legislation of the Court of Auditors.

sixteenth. Non-compliance. -1. Any alteration of the conditions under consideration for the grant of the grant, as well as the concurrent obtaining of other grants other than those communicated in the grant application, granted by other administrations or entities public, national or international, may result in the modification of the grant decision.

2. The grant shall be revoked, as well as the reimbursement of the amounts received and the requirement of interest for late payment from the time of payment of the grant, in the cases and in the terms provided for in Article 81.9 of the text recast of the General Budget Law.

3. The conduct referred to in Article 82 of the recast text of the General Budget Law shall be punishable and punishable under the terms laid down therein.

seventeenth. The grant referred to in this Order, in addition to that provided for in this Order, shall be governed by the provisions of Articles 81 and 82 of the recast of the General Budget Law; in Law No 30/1992 of 26 November 1992, Legal status of the public authorities and the common administrative procedure, and in Royal Decree 2225/1993 of 17 December 1993 approving the regulation of the procedure for the granting of public subsidies.

Eighteenth. Development of the Order. -The Secretary of State for Energy and Mineral Resources is empowered to make the necessary resolutions for the implementation and development of this Order.

Nineteenth. Repeal provision. -It shall be repealed as many provisions of equal or lower rank shall be contrary to the present, in particular:

Order of 28 March 1995 approving the basis for the granting of grants under the Energy Savings and Efficiency Plan for the period 1995 to 1999 and for the 1995 financial year (" Bulletin Official of the State " of 1 April.

Order of 20 December 1995 amending the one of 28 March 1995 approving the regulatory basis for the grant of grants under the Energy Efficiency and Savings Plan for the period 1995-1999 and the 1996 financial year ("Official State Gazette" of 27).

Twenty. Entry into force. This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

What I communicate to V. E. for its knowledge and effects.

Madrid, 6 February 1997.

PIQUE I CAMPS

Excmo. Mr. Secretary of State for Energy and Mineral Resources.

ANNEX I

1. Concrete actions to be awarded in 1997

A) RATIONAL USE OF ENERGY AND REPLACEMENT OF ENERGY SOURCES

1. Industry

Applications:

Projects that allow a substantial reduction of the energy consumption of the plant or part of it, decreasing the specific consumption of the processes, with the consequent improvement of the environmental impact.

Projects may include the application of innovative or low-diffusion technologies, of specific application for the plant or process in question, or of general multisectoral application.

Projects that include integrated optimization of processes through advanced control systems should be eligible to be applied to similar processes and will not be eligible for those aimed exclusively at the development of software.

Assessment Criteria:

Basic criteria for grant and quantification of grants will be:

SME Business Projects.

Projects of an innovative nature and of great replicability.

Projects included in sectoral agreements previously established with the Secretary of State for Energy and Mineral Resources.

Projects that include the energy assessment of waste from the industry itself.

Projects that include the replacement of energy sources with more efficient and less aggressive environment.

At the particular level of each company, priority will be given to projects that represent innovative technologies for the company itself, compared to those involving technologies already supported in previous PAEE calls.

Maximum Grant:

SME projects: Up to 40 per 100 of the eligible cost.

Other projects: Up to 30 per 100 of the eligible cost.

2. Transport

Applications:

(a) Pilot projects for the introduction and demonstration of fleets, passenger or freight transport, more efficient and low environmental impact vehicles and, in particular, the use of fuels alternative to conventional ones, such as natural gas, biofuels and electricity. For pilot projects with natural gas, mobile design filling plants may be considered within the eligible cost.

b) Pilot projects for the implementation and dissemination of the energy diagnosis of vehicles.

c) Projects for the application of advanced systems of support to the exploitation of freight or passenger fleets that include optimization of loads or routes and operation management of the fleet.

Assessment Criteria:

Basic criteria for grant and quantification of grants will be:

Applications in the urban environment.

Projects with hybrid or bimodal vehicles.

Projects included in sectoral agreements previously established with the Secretary of State for Energy and Mineral Resources.

Maximum Grant:

SME projects: Up to 40 per 100 of the eligible cost.

Other projects: Up to 30 per 100 of the eligible cost.

3. Services and buildings

Applications:

Projects that allow a substantial reduction of the energy consumption of the building or service, decreasing the specific consumption of these as a whole or in some of their demands.

Projects should look at the application of innovative or low-diffusion technologies, and they will necessarily have to present potential for replicability in large groups of buildings or services.

In the case of buildings intended for the use of housing, only integrated projects can be allowed to provide service, at least, to 150 homes.

Assessment Criteria:

Basic criteria for the evaluation and quantification of grants will be:

Projects that encompass sets of buildings or services.

Projects that integrate more than one technology.

Projects that integrate the use of various energy sources.

Projects included in sectoral agreements previously established with the Secretary of State for Energy and Mineral Resources.

Maximum Grant:

SME projects: Up to 40 per 100 of the eligible cost.

Other projects: Up to 30 per 100 of the eligible cost.

B) RENEWABLES

The total grant per project, in the case of renewable energy, will in no case exceed 400,000,000 pesetas.

1. Hydraulic

Applications:

(a) Hydraulic power supply, of a rated power installed not exceeding 10 MVA, coordinated with water supply systems to populations and irrigation systems provided they are part of global projects of integral use of the system.

b) Rehabilitation or modernization of abandoned facilities or that are nearing the end of their useful life, of installed nominal power not exceeding 10 MVA, through the use of cost-effective, efficient and modern equipment.

Assessment Criteria:

Basic criteria for grant and quantification of grants will be:

The minimization of investment costs and the profitability of the project.

The creation of infrastructures.

The technological innovation that the project can bring.

Maximum Grant:

SME projects: Up to 15 per 100 of the eligible cost.

Other projects: Up to 5 per 100 of the eligible cost.

2. Wind

Applications:

a) Wind parks with unique characteristics of difficult access and high costs online for electric evacuation. Up to a maximum of 20 MW of installed power, in one or more parks, with commercial machines of the same technology, will be subsidised.

(b) Installations that total up to a maximum of 3 MW of installed power with rated power wind machines of more than 500 kW.

c) Wind installations for desalination and water pumping.

d) Facilities with small-power machines (up to 15 kW) and wind-photovoltaic systems.

Additional conditions:

a) The following additional documentation shall be attached to the grant application:

The wind measurement data for a period of twelve months for installed wind farms of more than 3 MW and three months in the case of facilities of equal or lesser power. This data shall be sufficiently substantiated. This requirement for support facilities will not be required.

The number of wind turbines, their technology and power must be clearly specified in the project.

(b) At the time of the granting of the grant of the grant of the beneficiary, it must be established:

Having granted the city council's municipal works license where the installation is located.

Have the approval of the execution project by the competent body.

That the connection point to the evacuation line is defined by the distribution company.

Dispose of the authorization of use of the land granted by its owners.

Assessment Criteria:

Basic criteria for grant and quantification of grants will be:

The minimization of the investment costs and the profitability of the project.

Technological innovation.

The contribution to the development of technologies and new markets.

Maximum Grant:

SME projects: Up to 40 per 100 of the eligible cost.

Other projects: Up to 30 per 100 of the eligible cost.

3. Solar thermal

Applications:

The applications of the thermal solar energy of low temperature, of more than 30 square meters of useful collecting surface, for the production of hot water sanitary, heating and air conditioning of swimming pools will be eligible. on the following installations:

Buildings.

Industriales.

Agricultural.

In the case of buildings intended for the use of housing, only integrated projects can be allowed to provide service, at least, to 150 homes.

Particular Conditions:

The following ends must be justified upon completion of the installation, being an essential condition for final certification and grant collection:

That the collectors are certified by the Administration and guaranteed, at least, for three years by the manufacturer.

The installation is guaranteed by the installer and has its maintenance contract for at least three years.

Assessment Criteria:

Basic criteria for grant and quantification of grants will be:

The creation of infrastructures.

The minimization of costs and the profitability of the project.

The architectural integration of the solar system.

The technological innovation that the project can bring.

The social interest of the project.

Maximum Grant:

It will be between 15,000 and 35,000 pesetas per square meter.

4. Solar PV

Applications:

Conversion of solar energy into electricity through photovoltaic systems for the supply of electricity, according to acceptable cost perspectives.

(a) In systems connected to a network with a rated power exceeding 5 kWp.

b) On isolated systems in the distribution network:

b.1 Telecommunications facilities.

b.2 Signage and alarm devices.

b.3 Industrial applications.

b.4 Agricultural and environmental applications.

b.5 Service Facilities.

b.6 Power electrification installations of more than 10 kWp, to be established in rural areas, without the isolation of the pool of isolated dwellings, even if, as a whole, they reach this power limit.

Additional conditions:

A maintenance contract shall be available for a minimum period of three years, with an entity with sufficient technical capacity in the judgment of the grant management body. The presentation of this contract will be essential for the final certification of the project and the perception of the grant awarded.

Assessment Criteria:

Basic criteria for grant and quantification of grants will be:

The creation of infrastructures.

The minimization of the investment costs and the profitability of the project.

The architectural integration of the photovoltaic system.

The technological innovation that the project can bring.

The social interest of the project.

Maximum Grant:

Systems connected to the network: Up to 600 pesetas/Wp.

Isolated systems: Up to 1,200 pesetas/Wp.

5. Use of biomass and waste Applications:

a) Fuel production:

a.1 Production of fuels from forest, agricultural and industrial waste, including the production of densified products.

a.2 Production of biofuels.

b) Energy use of biomass and waste.

b.1 Energy use of solid fuels derived from biomass in industrial facilities.

b.2 Energy use of solid urban waste.

b.3 Use of gas produced by biodegradable or solid urban waste.

b.4 Urban systems for heating or production of hot water.

b.5 Production of electricity, in particular through projects using energy crops. Only those that use a maximum of 10 per 100 of conventional fuel for the operation of the plant and the rest of the fuel from the biomass shall be eligible.

Additional conditions:

For projects for the use of biomass, the stable supply of resources must be accredited in the application.

Power generation projects must prove, at the time of the decision, that they are in possession of the concessions, licenses and permits necessary to undertake the works and to have obtained the status of a producer. Welcome to the special scheme.

For fuel production projects, it must be demonstrated at the time of the decision, the placing of the product on the market.

Assessment Criteria:

Basic criteria for grant and quantification of grants will be:

The profitability of the project.

The creation of infrastructures.

The technological innovation that the project can bring.

Social interest and job creation.

Maximum Grant:

Fuel production: Up to 30 per 100 of the eligible cost.

Energy use of biomass and waste:

Energy use of solid fuels: Up to 30 per 100 of the eligible cost.

Energy use of municipal solid waste: Up to 25 per 100 of the eligible cost.

Biogas use: Up to 20 per 100 of the eligible cost.

Urban systems: Up to 30 per 100 of the eligible cost.

Electrical generation: Up to 30 per 100 of the eligible cost.

When the beneficiary is an SME, the above ceilings will be increased by 10 percentage points.

2. General conditions for all sectors

For budgets of 100,000,000 pesetas and above, project will be delivered signed by competent technician, with

the following minimum content:

1. Project supporting memory:

Technical description.

Justification for the chosen alternative.

2. Expected savings or energy production and expected period of recovery of the investment, without subsidy and with the grant requested.

3. Budget broken down.

4. Investments to be made and timetable of the same. Economic and financial viability.

5. Potential for replicability of the project in the same and other sectors and antecedents, if any, of use of applied technology.

6. Regional socio-economic impact.

7. Relationship of the necessary concessions, permits and licenses, with indication of the already requested and of the obtained ones.

For budgets less than 100,000,000 pesetas memory will be delivered with the following minimum content:

1. Brief technical description.

2. Expected savings or energy production and forecast period of investment recovery in months.

3. Budget broken down.

4. Investments to be made and timetable of the same.

5. Potential for project replicability in the same or other sectors.

(ANNEX II OMITTED)