The Order of 28 March 1995 establishes the regulatory bases for the granting of grants to energy use projects in the framework of the Energy Savings and Efficiency Plan for the five-year period 1995-1999. In this Order, the annual call for the publication of the specific actions to be awarded is conditional on each financial year.

On the other hand, the experience gained during the first implementation of the Order of 28 March 1995 advises a better determination in the definition of non-eligible expenditure and investments.

This is why it is necessary to adopt this Order, which amends the one of 28 March 1995 and regulates the specific lines of support for the 1996 financial year for the projects of energy saving and efficiency and the use of renewable energy.

In its virtue, I have:

First. -The Order of 28 March 1995 amending the regulatory bases for the grant of grants under the Energy Savings and Efficiency Plan for the period 1995-1999 is amended and those of the exercise 1996 (Official State Gazette of 1 April), at the following ends:

1. Point 1 (b) of the first paragraph of the Order of 28 March 1995 shall be worded as follows:

" (b) Projects implementing one of the following renewable sources of energy: Wind, solar (thermal or photovoltaic), hydraulics, use of biomass or waste (industrial, agricultural or urban) and geothermal. "

2. Point 3 of the seventh paragraph of the Order of 28 March 1995 is worded as follows:

" 3. The composition of the Technical Assessment Commission for the grants will be as follows: It will be chaired by the Director-General of Energy Planning. He will be Vice President of the Director General of the Institute for Energy Diversification and Savings. They will be Vowels: the Deputy Director General of Electrical Energy; a representative of the Secretariat of State of Industry, with the category of Deputy Director General; a Deputy Director General of the Institute of Small and Medium-sized Industrial Enterprise, appointed by the Secretary-General for Energy and Mineral Resources on a proposal from the Director-General of the Institute; a representative of the Institute for Energy Diversification and Savings, appointed by the Secretary-General for Energy and Mineral Resources on a proposal from the Director-General of the Institute, and the Deputy Director-General of Conservation and Energy Technology, who will act as Secretary.

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

3. The ninth paragraph of the Order of 28 March 1995 is worded as follows:

" Ninth. Amount of 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.

2. Eligible costs, on which the subsidy rates are calculated and the amount of the subsidy, shall be considered to be related to those parts of the eligible actions for which implementation is essential for the achievement of the energy objectives of the same. They will also be considered as eligible costs for projects for the rational use of energy or replacement of energy sources: energy audit or technical-economic feasibility analysis necessary, with a prior character, for the execution of a project. In no case will the computer equipment awarded to the project be considered within the eligible cost.

Eligible 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 will have to apply immediately the recovery of the subsidy to reduce the amount of the deferred payment, even if the subsidy is transferred directly to the financing institution, if that is the case. contractual form in the financing contract.

In order for investments financed by leasing or other leasing mechanisms to be eligible, the user must commit in writing to exercise the option to purchase at the end of the 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, the 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 subsidised 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 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 state aid laid down in national and European Union rules.

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

6. 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 December 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. "

4. Point 7 of the 11th paragraph of the Order of 25 March 1995 shall be worded as follows:

" 7. 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 proceedings have been completed three months have elapsed without the final decision being taken. "

Second. Model of application. -Annex II of the Order of 28 March 1995 concerning the model of application is replaced by Annex II to this Order.

Third. Call for applications for the grant of grants for energy use projects under the Energy Savings and Efficiency Plan, whose processing and resolution will be adjusted to the regulatory bases. established by the Order of 28 March 1995, with the following specifications:

1. Items 20.03.731F.774 and 20.03.731F.743 of the General Budget of the State shall be paid out, depending on whether the beneficiaries are public or private enterprises, respectively.

2. The specific actions that may be the subject of a grant in each of the specific areas of this call are those set out in Annex I to this Order.

3. The deadline for the submission of applications and documents annexed shall begin the day following the publication of this Order in the "Official Gazette of the State" and shall end two months after that date.

Final disposition. Entry into force.

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

What I communicate for your knowledge and effects.

Madrid, 20 December 1995.

EGUIAGARAY UCELAY

Ilmo. Mr. Secretary-General of Energy and Mineral Resources and other authorities.

ANNEX I

1. Concrete actions to be awarded in 1996

A) RATIONAL USE OF ENERGY AND REPLACEMENT OF ENERGY SOURCES

1. Industry

Applications:

Projects that allow a substantial reduction in 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 provide for the application of innovative, or low-diffusion, application specific technologies for the plant or process in question or for general multisectoral application. At the particular level of each company, priority will be given to projects representing innovative technologies for the company itself, compared to those involving technologies already supported in previous PAEE calls.

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.

Industrial projects in the agri-food sectors, tanned, auxiliary car industry, paper, red ceramics, glass containers and chemical industry will be considered priorities.

Maximum Grant:

SME Business Projects: Up to 40 per 100 of eligible cost.

Other projects: Up to 20 per 100 of 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 alternatives to conventional ones, such as natural gas and biofuels. For pilot projects with natural gas, mobile design filling plants may be considered within the eligible cost.

b) Unique projects related to the optimization of routes and loads through the application of fleet management models. They will have the eligible cost character only the costs of development and adaptation of the model and infrastructure, except for computer science.

c) Pilot projects for the implementation of the energy diagnosis of vehicles. Only those projects that will be framed in voluntary cooperation agreements signed with the General Secretariat of Energy and Mineral Resources will be eligible.

Maximum Grant:

Up to 40 per 100 of eligible cost.

3. Buildings and services

Applications:

Projects should make it possible to reduce energy consumption and air pollutant emissions by improving the technical and economic efficiency of energy consumption.

a) Projects of new buildings, to be considered:

Application of a design for low energy.

Optimization of materials and components of the envelope.

Integrated management of air conditioning and lighting in buildings in the tertiary sector.

optimised electrical and air conditioning systems with an effective integration of renewable energy systems (assets or liabilities), where possible.

Official protection housing (VPO) projects that present a level of energy certification above the required minimum will be prioritized. The petitioners shall, within the time limit laid down in the third paragraph of this Order, specify the preliminary draft and the economic assessment of the energy aspects of this Order. In the light of the preliminary draft proposals and the financial forecasts of this call, and after the Commission's report for the Technical Assessment of the grants, the Ministry of Industry and Energy may make a call, The Committee on the European Parliament's proposal for a Council Regulation on the implementation of the European Community's budget for the financial year 1996 and the deadline for the submission of proposals of 31 May 1996.

(b) Global rehabilitation projects for facilities that include at least the application of one of the following technologies:

High performance boilers.

Thermal Accumulation.

Cogeneration with absorption or with renewable fuels.

Integrated facilities management systems, provided they include energy optimization programs and maintenance programs.

Additional conditions:

Priority will be given to the standard and modular components.

Attention should be given to the architectural integration of the systems.

The test and measurement phase must be carried out for at least one year.

Maximum Grant:

Up to 20 per 100 of eligible cost; except for high performance boiler facilities where the limit is set at 30 per 100 of eligible cost.

B) RENEWABLES

1. Wind

Applications:

a) Wind parks of unique characteristics: Difficult access, high online costs of evacuation or low-wind conditions. 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. For park projects that are eligible for their low winds, they will prioritize those in which at least half of the installed power is with machines specially designed and tested for this wind speed.

b) Individual units for singular applications: Isolated systems, even when they behave as an alternative to the connection to the network, and applications in hard or very low winds. It will be a basic criterion, at the time of the prioritization between the projects presented, their expectations of replicability.

Assessment Criteria:

Basic criteria for the quantification of grants will be:

The accreditation of the wind resource, based on sufficient historical data and reliable modelling.

The minimisation of investment costs and the optimal use of available wind resources.

The profitability of the project.

The environmental impact of the project, duly documented.

Proven experience of results from previous installations in national territory.

Projects will be prioritized which, at their presentation, credit the possession of the corresponding licenses and permits issued by the various competent administrations.

Projects with established quality systems will be prioritized, both in the manufacture of components and in the construction and operation of the parks.

Maximum Grant:

Up to 30 per 100 of eligible cost.

2. Solar thermal

Applications:

Projects regarding the optimal technical and economic integration of the active solar energy systems in conventional systems for:

ACS production:

Projects of more than 40 square meters of useful surface will be subsidized.

Production of large amounts of thermal fluid for heat or cold generation in industrial applications, excluding recreational pools.

Particular Conditions:

Collectors approved by the Administration and guaranteed, at least, for three years.

Installation guaranteed by the installer and maintenance contract for at least three years. Both ends must be justified at the end of the installation, which is an essential condition for final certification and the collection of the grant.

Projects will be supported that will include the grouping of facilities under forty square meters and that will be covered in voluntary agreements signed with the General Secretariat of Energy and Mineral Resources.

Assessment Criteria:

Basic criteria for the quantification of grants will be the data provided on the energy potential available and the performance in their recovery.

Maximum Grant:

Up to 35,000 pesetas per square meter useful; considering positively, when establishing the volume of subsidy, the supply in firm, by the supplier of the collectors, of guarantees against manufacturing defect above the minimum of three years, as well as the concurrence of the other factors influencing the higher profitability of the plant, from the point of view of energy substitution and its useful life.

Projects will be prioritized in which considerations arising from the regulations on the energy certification of buildings and on housing for official protection will be prioritized.

3. Solar PV

Applications:

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

a) On network-attached systems:

1. Central to the end of line.

2. Projects whose proposers demonstrate that they would derive appreciable improvements in the quality of their electricity supply, not reasonably achievable with other alternative solutions.

b) On isolated systems in the distribution network:

1. Telecommunications facilities.

2. Signalling and alarm devices.

3. Electrification of isolated population cores, with power equal to or greater than 10 kWp, through centralised management systems.

4. Agricultural and environmental applications.

5. Industrial applications.

Additional conditions:

The specific cost of PV modules in peseta/nominal Wpico should be clearly specified.

For the projects referred to in point b.3, the following conditions shall be met simultaneously:

(a) Users must be grouped together in an entity with legal personality (user pool, cooperative or any other admitted in law), which shall be the holder of the facilities.

b) A centralised system for the management and monitoring of installations will be available.

(c) 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 Directorate-General for Energy Planning. 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 the quantification of grants will be the data provided on: The energy potential available and the performance in its recovery, as well as the possible added value to the energy balance itself.

Maximum Grant:

Central for line purposes: Up to 600 pesetas/Wp.

Other systems connected to the network: Up to 800 pesetas/Wp.

Isolated systems: Up to 1,600 pesetas/Wp.

4. Harnessing biomass and waste

Applications:

(a) Energy use of biomass for the replacement of fossil fuels or electricity.

b) Energy use of biomass for the production of electricity. Only projects using a maximum of 10 per 100 of conventional fuel as support for the operation of the plant and the rest of the biomass fuel shall be eligible.

c) Projects of production plants for biofuels, biogas and densified products, prior to accreditation of potential market existence.

Additional conditions:

The projects will have to comply with the national policy guidelines regarding the environment and the agricultural sector.

For projects for the use of biomass, the stable supply of the resource must be credited to the application.

Power generation projects must demonstrate, at the time of the decision, to be in possession of the concessions, licenses and permits necessary to undertake the works.

Maximum Grant:

a) Fossil fuel or electricity replacement projects: Up to 30 per 100 of eligible cost.

b) Electricity production projects: Up to 15 per 100 of eligible cost.

c) Unique projects: Up to 15 per 100 of eligible cost.

5. Hydraulic

Applications:

(a) Hydraulic Aprovechings in Island Electrical Systems.

b) Hydraulic systems in the peninsular electrical system, coordinated with water supply systems to populations and irrigation systems, provided that they are part of overall projects of integral use of the system.

Additional conditions:

Only projects that at the time of the resolution are considered to demonstrate the availability of all the concessions, licenses and permits necessary to undertake the works with immediate character will be considered.

Maximum Grant:

(a) Hydraulic Aprovings in Island Electrical Systems: Up to 20 per 100 of the eligible cost.

b) Water supplies: Up to 10 per 100 of the eligible cost.

C) PROMOTION AND SERVICE ACTIONS

Applications:

The following promotion actions will be eligible, resulting from voluntary agreements for the improvement of energy efficiency and the use of renewable energy to be established between the General Secretariat of Energy and Mineral resources and business or consumer associations:

Information, training and training actions.

Studies and analyses to identify technologies or techniques for energy efficiency in a given sector or for better use of endogenous energy resources at the territorial level.

Making and disseminating databases of technologies for energy efficiency and the application of renewable energy.

Action on energy saving schemes in SMEs, biomass and solar thermal substitution, and pilot projects aimed at reducing energy consumption in the transport of passengers will be prioritised. engage in voluntary agreements signed with the General Secretariat of Energy and Mineral Resources.

Energy audits and feasibility studies will be eligible, provided that they are aimed at the pre-design of energy efficiency and savings actions.

Maximum Grant:

Up to 30 per 100 of eligible cost.

2. General conditions for all sectors

For budgets of 100,000,000 pesetas and higher will be delivered project 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 will be delivered Memory, 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)