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Resolution Of 25 Of September Of 2013, The Secretary Of State For Energy, Which Publishes The One Of 25 June 2013, Of The Council Of Administration Of The Institute For The Diversification And Saving Of Energy, Which Establishes...

Original Language Title: Resolución de 25 de septiembre de 2013, de la Secretaría de Estado de Energía, por la que se publica la de 25 de junio de 2013, del Consejo de Administración del Instituto para la Diversificación y Ahorro de la Energía, por la que se establecen ...

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For the purpose of giving publicity to the Resolution of the Board of Directors of the Institute for Energy Diversification and Savings of 25 June 2013 establishing the regulatory bases and convening of the Aid programme for the energy rehabilitation of existing buildings in the residential sector (housing and hotel use), the publication of the "Official State Gazette" of the above resolution is available, the text of which is inserted into continuation.

Madrid, 25 September 2013.-The Secretary of State for Energy and President of the Energy Diversification and Saving Institute, Alberto Nadal Belda.

RESOLUTION OF THE BOARD OF DIRECTORS OF THE INSTITUTE FOR ENERGY DIVERSIFICATION AND SAVINGS OF 25 JUNE 2013 LAYING DOWN THE REGULATORY BASES AND CONVENING OF THE REHABILITATION AID PROGRAMME ENERGY OF EXISTING RESIDENTIAL SECTOR BUILDINGS (HOME AND HOTEL USE)

The IDAE is a public body assigned to the Ministry of Industry, Energy and Tourism, through the Secretariat of State of Energy that is governed by Law 6/1997, of April 14, of the Organization and the Functioning of the General administration of the State, having been set up as the Enterprise Public Entity as provided for in Article 43 (1) (b) of that Law, in accordance with the provisions of Article 72 of Law 50/1998 of 30 December 1998, For the purposes of Fiscal, Administrative and Social Order Measures, as well as the Additional Disposition Twenty-First of the Law 46/1985 of 27 December 1985 General State Budget for 1986, by the additional provisions twelfth and thirteenth of the Royal Decree-Law 20/2012 of 13 July 2012, of measures to ensure budgetary and budgetary stability promotion of competitiveness, and by its Statutes approved by Royal Decree 802/1986 of 11 April, as recently amended by Royal Decree 1566/2010 of 19 November.

In accordance with Article 2 of its statutes (Fines and Functions), the IDAE has the task of: " analyzing, determining, proposing and implementing the necessary measures to obtain sectoral policies effective, encouraging the use of new technology in equipment and projects and encouraging the use of new energy sources, the rationalization of consumption and the reduction of energy costs. " To this end, the IDAE may carry out the allocation and control of any grants and financial incentives for conservation, saving, diversification and energy development purposes.

Directive 2012/27/EU on energy efficiency requires Member States to develop a long-term strategy for mobilising investments in the comprehensive and cost-effective renovation of buildings in Article 4 of Directive 2012/27/EU. residential and commercial, in order to improve the energy performance of the real estate park and reduce its energy consumption.

In this same line, the Project of Rehabilitation, Regeneration and Urban Renewal Law, as well as the Royal Decree 233/2013, of 5 April, which regulates the State Plan for the promotion of the rental of houses, the Building rehabilitation and urban regeneration and renovation, 2013-2016, makes it mandatory to carry out a "Building Assessment Report", which may be required at any time to the owners of residential buildings collectives to demonstrate their state of conservation, accessibility and energy efficiency.

In this report, energy efficiency will be credited by the presentation of the building's energy efficiency certificate, which is regulated by Royal Decree 235/2013 of 5 April, approving the basic procedure for the certification of the energy efficiency of buildings.

This royal decree establishes the obligation to make available to the buyers or users of the buildings a certificate of energy efficiency that must include objective information on the energy efficiency of the building in order to enable the building owners or tenants of the building to compare and assess their energy efficiency. In this way, by assessing and comparing the energy efficiency of buildings, the promotion of high energy efficiency buildings and energy saving investments will be encouraged.

The certificate not only contains the energy rating of the building, represented by a seven-letter scale, from A to G, also a document of recommendations to improve the energy efficiency of the building, which can be include measures on the thermal envelope, thermal installations and the use of renewable energy. The recommendations shall be technically feasible and shall include an estimate of the time-limits for the recovery of the investment and the return on its useful life cycle.

Royal Decree 238/2013 of 5 April amending certain articles and technical instructions of the Regulation on Thermal Installations in Buildings (RITE), approved by Royal Decree 1027/2007 of 20 July, regulates the periodic inspections of energy efficiency of the thermal installations of buildings. The accessible parts of the facilities used for heating the buildings, such as the heat generator, the control system or the circulation pumps, shall be inspected when the rated useful power of their boilers is greater than 20 kW. That inspection shall include an assessment of the performance of the boiler and its size in comparison with the heating demand of the building. The regular inspection of the accessible parts of air conditioning installations with a rated useful power of more than 12 kW shall also be carried out. After completion of the inspection, a report shall be issued which shall include the status of the installation as well as recommendations for improving the energy efficiency of the inspected installation, which may be incorporated into the certificate. Energy efficiency of the building.

Within the new legislative framework that promotes rehabilitation, regeneration and urban renewal, as well as the energy certification of buildings and the periodic inspection of energy efficiency of installations In addition, it is considered necessary to develop a specific programme for the rehabilitation of buildings in Spain, and the percentage of rehabilitation in Spain in relation to new-construction buildings is also considered to be one of the lowest in the European Union. Economic support to provide incentives for the implementation of measures to improve energy efficiency and the use of renewable energy in buildings in the residential housing and hotel sector.

Studies in the housing sector indicate that there is an important potential for improvement in energy efficiency, as more than 58% of the current park was built prior to the first energy regulation. In 1979, the Basic Standard of the NBE-CT-79 Building on Thermal Conditions in the Buildings, which demanded minimum levels of thermal insulation in buildings. Among the hotel use buildings (affected by economic activities within Group 681 of the list of headings of the Tax on Economic Activities), an important saving potential has also been detected.

Moving forward in a low-carbon economy requires action on low-energy buildings, which in Spain are among those built in the 1950s, 1960s and 1970s, as our country must reduce, in the year 2020, with respect to 2005, 10% of the greenhouse gas emissions from the diffuse sectors.

This resolution establishes the basis for the call of the Program of Assistance for the Energy Rehabilitation of Existing Buildings of the Residential Sector (Housing and Hotel Use) and defines the terms, conditions and the procedure by which they will be carried out.

In the current economic context, it is essential that its call and management be carried out in a single national call to ensure the full effectiveness of the available budget, the possibilities of obtaining and enjoying the aid by its potential beneficiaries throughout the national territory, while avoiding the overall amount of the funds allocated and securing the market unit.

By virtue of the above, the call for the Program of aid for the energy rehabilitation of existing buildings in the residential sector (housing and hotel use) is carried out, all according to the following bases.

BASES OF THE AID PROGRAMME FOR THE ENERGY REHABILITATION OF EXISTING BUILDINGS IN THE RESIDENTIAL SECTOR (HOUSE AND HOTEL USE)

First. Object.

The purpose of this aid programme is to encourage and promote the achievement of comprehensive actions to promote energy saving, the improvement of energy efficiency and the use of renewable energy sources. existing buildings in the residential sector (housing and hotel use) in Spain, in accordance with the conditions laid down by these bases.

Second. Scheme for the granting of aid.

1. The aid that is regulated by these bases is the form of money supply without consideration or repayable loans, according to the type of actions included in the third paragraph of these bases. In accordance with the provisions of the second paragraph of Article 3.2 and the additional provision, sixth of Law 38/2003, of 17 November, General of Grants, as well as in Article 5 and paragraph 3 of the second provision of its Regulation, approved by Royal Decree 887/2006, of 21 July, the legal regime, specific regulations applicable, requirements and obligations of the beneficiaries and procedure of concession will be established by these bases, without prejudice to the application of the principles of management and information provided for in the Articles 8.3 and 20 of the aforementioned Law, as well as the subsidiary application and express reference to the requirements of the said Law and Regulations, which are appropriate to the nature of these operations. Such aid is, in any event, subject to the fulfilment, implementation and realisation of the objectives, activities and conditions laid down by these bases.

2. The actions to be assisted shall be selected under simple concurrency, with the aid to those which comply with each and every one of the requirements laid down in these bases, by order of the date of submission of the application for the aid. aid, until the available budget is exhausted, or, if it occurs before, the date of completion of this call specified in paragraph 10 is reached.

3. Committed actions shall be carried out on the assets or assets held by the applicant or beneficiary of the aid.

4. Aid granted for the performance of energy efficiency improvements shall be subject to the requirements and limits laid down in Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid (OJ L 379 of 28 December 2006).

The aid granted for actions to promote renewable energy is within the scope of Article 23 of Commission Regulation (EC) No 800/2008 of 6 August 2008. General block exemption regulation (OJ L 214 of 9 August 2008).

For the purpose of respecting the maximum limits of aid laid down by Community legislation, beneficiaries, with the exception of those who are private individuals, entities and non-profit-making institutions which cannot undertake economic activities which have an impact on third parties, must provide a responsible declaration for all aid granted. They must also make a responsible statement that the company is not in difficulty, as established by the Community Guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C244, October 2004).

In order to determine the amount of gross grant equivalent of aid consisting of repayable loans, the procedure laid down in the Commission Communication on the revision of the method of fixing of the reference and discount rates (2008/C 14/02). In any event, the final amount of these loans shall be subject to the maximum aid intensity limits resulting from the Community rules which are applicable, in the light of the action for which the financing has been granted.

5. The aid granted shall be incompatible with any other aid granted, for the same purpose, by any public authorities or public bodies, national or international, and, in a specific manner, with those referred to in the programmes to promote the rehabilitation and development of urban regeneration and renovation established by Royal Decree 233/2013 of 5 April, which regulates the State Plan for the promotion of rental housing, the Building rehabilitation and urban regeneration and renovation, 2013-2016. The knowledge on the part of IDAE of the simultaneous receipt of aid from these routes, for the same purpose, will lead to the revocation and, where appropriate, the recovery of 100% of the aid.

Third. Typology of actions to be used.

The aid will be used for integrated actions in existing buildings in the residential sector (housing and hotel use) that promote energy saving, the improvement of energy efficiency, the use of energy renewable and that meet the conditions established by the present regulatory bases, expressly excluding the work of the new plant. These actions shall be covered by one or more of the following typologies, which are described in Annex I:

1. Improving the energy efficiency of the thermal envelope.

2. Improved energy efficiency of thermal and lighting installations.

3. Replacement of conventional energy by biomass in thermal installations.

4. Conventional power replacement by geothermal energy in thermal installations.

Fourth. Budget.

1. The budget for this programme, approved by the Boards of Directors of IDAE in its sessions number 197 and 199, dated 7 May 2013 and 25 June 2013, with the case number/project 12.615, amounts to the total amount of EUR 125,000,000. This budget is based on the funds for the financing of energy efficiency and savings plans for 2013 under the Royal Decree-Law 14/2010 of 23 December.

2. The above budget is distributed among the types of actions listed in the third paragraph of these bases as follows:

a) Improving the energy efficiency of the thermal envelope: 31.250,000 euros, under the combined mode of money delivery without consideration and repayable loan.

b) Improving the energy efficiency of thermal and lighting installations: EUR 31,250,000, in the form of a repayable loan.

c) Replacement of conventional energy by biomass in thermal installations: EUR 31,250,000, in the form of repayable loan.

d) Replacement of conventional energy by geothermal energy in thermal installations: 31.250,000 euros, under the repayable loan modality.

3. If the budget is exhausted in one of the typologies of previous actions and there is a budget or remaining available in another or other, the budgetary availabilities of these typologies may be applied to that for which they would have been exhausted the funds, after resolution of the IDAE Board of Directors, on a proposal from its Director General.

4. The total budget of the programme may be increased if there are budgetary resources available. To this end, the additional allocation must be pre-approved by the IDAE Board of Directors, and the corresponding resolution should be published in the same means as the call for this programme.

5. In any event, the available budget for the implementation of this programme shall be deemed to be exhausted, where the last aid application is made to provide the amount referred to in paragraph 1 of this paragraph.

However, after that time, applications for aid may be continued, which shall be met by a strict order of the date of submission of the aid, subject to the fact that they have been produced. (a) the estimated or renunciations of previous aid applications that could be released. The possibility of continuing to register new requests for assistance will be definitively finalised by the Director General of the IDAE, which will be published on the IDAE website. In any event, the registration or filing of such applications shall not create any right to the receipt of aid.

Fifth. Eligible actions and requirements to be met in order to obtain the aid.

1. The eligible actions shall be those described in Annex I for each of the types of action. In order to qualify as eligible, a certain performance must comply with the minimum technical energy efficiency requirements set out in that Annex for the type of action concerned, as well as with the existing rules of application.

2. The aid shall be granted to applicants who are also eligible for the following requirements:

(a) Given the incentive nature of the aid, the actions which are the subject of the aid must not have been initiated before the entry into force of the programme, which will be demonstrated by the presentation of the photocopy of the permit or the licence of works or the justification of his application, at a date after the date of entry into force of the Programme. No cost that has been invoiced to the beneficiary before the date of entry into force of the Programme shall be deemed eligible.

b) The building must be existing, so the year of construction on the cadastral certification must be before 2013.

(c) In the case of buildings for use, at least 70% of its surface constructed on a scraper must be used for this purpose.

(d) In the case of buildings for hotel use, it must be shown to belong to the following group, set out in Annex I to Royal Legislative Decree 1175/1990 of 28 September 1990, for which the rates and the instruction of the tax on economic activities:

Group 681. Lodging Service in Hotels and Motels of Pool 68. Hosting Service.

The documentation to be provided in order to accredit the membership of Group 681 will be the updated Certificate of Census enrollment in Economic Activities issued by the Provincial Delegation of Finance.

3. The actions to be supported should improve the total energy rating of the building by at least 1 letter measured on the carbon dioxide emissions scale (kg CO2/m2 year), with respect to the energy rating initial building. This improvement in their energy rating may be obtained by carrying out a typology of performance or a combination of several, as well as by carrying out partial measures of one or more different actions. The energy certification of the building will be carried out in accordance with Royal Decree 235/2013 of 5 April, approving the basic procedure for the certification of the energy efficiency of the buildings, by the use of any of the recognised official software.

4. Only integral actions on the thermal envelope of the building and not on one or more dwellings or premises of the same building considered individually for the actions under the typology 1 of the building shall be considered eligible. third paragraph.

In order to be eligible for a performance in any of the third-paragraph typologies 2, 3 and 4, the thermal power rated thermal or cold power of the thermal installation must be greater than 100 kW.

Where there are multiple heat generators, cold or of both types, and are replaced, this power shall be obtained as the sum of the nominal thermal powers of the heat generators or the cold generators. existing, on which they are to be acted upon.

In the case of performances incorporating thermal solar energy, the power, for these purposes, shall be determined by multiplying the field opening surface of the solar sensors installed by 0,7 kW/m2. In the case where the solar thermal installation is complementary to another heat or cold production system, on which it is performed, the power shall be determined as the sum of the powers of both systems.

5. The implementation of the actions committed in the aid application shall be initiated within a period not exceeding six months from the date of notification of the relevant aid decision.

6. The actions to be supported must comply with the existing rules applicable to them, as well as the mandatory licensing and administrative authorisations.

Sixth. Eligible costs.

1. Eligible costs are those that are necessary to achieve the energy objectives of this programme, for each of the types of action, within the following concepts: the professional fees satisfied for the drawing up, by the competent technician, the energy efficiency certificate provided for in Royal Decree 235/2013 of 5 April, approving the basic procedure for the certification of the energy efficiency of buildings, and of the Periodic inspection of energy efficiency regulated by Royal Decree 238/2013, 5 of April, amending certain articles and technical instructions of the Regulation of Thermal Installations in Buildings, approved by Royal Decree 1027/2007 of 20 July; the cost of drafting related technical projects with the type of action covered by aid and other similar overheads; the costs of the management and execution of the work and of the installation, where appropriate; the investment in equipment made; the costs of implementing the installation; associated and ancillary facilities required, as well as other issues specific to each action as detailed in Annex I for each typology. No licenses, fees, taxes or taxes will be included.

2. No costs other than the previous ones shall be considered eligible, nor have they been invoiced to the beneficiary prior to the date of entry into force of this Program.

Seventh. Amount and modalities of the aid.

1. The maximum amount of aid shall be determined on the basis of the type of action and its eligible cost, in accordance with the provisions of Annex I for each typologies.

2. The arrangements for aid, in accordance with the provisions of paragraph 4 (2) of these bases, and the maximum amount laid down in the preceding paragraph, shall be the cash delivery without consideration and the repayable loan, which shall be the purpose, in any case, of compliance with the relevant eligible actions.

3. The cash delivery without consideration, as provided for in the relevant award decision, shall be made to the beneficiary who has justified in time and in the manner the performance of the eligible performance, in accordance with the requirements and conditions established in these bases.

4. Repayable loans, in the amount provided for in the relevant award decision, shall be made in the form of loans to be completed in public writing, the costs of which shall be borne by the beneficiary, in accordance with the model set out in Annex IV, within a maximum period of 60 calendar days from the date of notification of that resolution, except for causes of force majeure or causes directly attributable to IDAE, in which case, by means of a resolution of the Director-General of IDAE, a new and unrenewable 30 calendar days will be granted for your formalization, according to the following conditions:

-Interest rate: Euribor + 0.0%.

-Maximum repayment term for loans: 12 years (including an optional 1-year default period).

-Guarantees: Guarantee or insurance contract of 20% of the amount of the loan. The endorsements shall be in solidarity with the principal, payable at the first and simple requirements of the IDAE and with the renunciation by the issuing entity of the benefits of order, division and excision. The security lodged by means of a security insurance contract, provided that it is concluded with an insurance institution authorised to operate in Spain in the course of security insurance, must be constituted as an individual insurance certificate, with the same extension and guarantees resulting from the policy. Such individual certificate shall make express reference to the fact that the non-payment of the premium, whether unique, first or next, shall not entitle the insurer to terminate the contract, nor shall it be extinguished, nor shall the cover of the insurer suspended, it is not released from its obligation, if the insurer is required to make the guarantee effective, as well as to the fact that the insurer may not be able to oppose the IDAE, as an insured person, with any exceptions that may be made against the insurance taker, assuming, Also, the commitment to compensate IDAE for the first and simple requirements of the IDAE.

Guarantor and insurance institutions shall comply with the following requirements, the fulfilment of which shall be accredited by a statement responsible for such entities:

(a) Not to be in arrears in relation to IDAE, as a result of the non-payment of obligations arising from the seizure of previous guarantees or insurance. To this effect, IDAE may refuse to accept guarantees or insurance contracts coming from banks or entities which have kept the amounts of the guarantees or the corresponding insurance contracts, already executed, unpaid. natural days after the first payment order has been received at the entity.

b) Not to be in a situation of creditor tender.

(c) The administrative authorisation for the exercise of its activity in Spain or not subject to a special control measure shall not be suspended or extinguished.

The guarantees and the certificates of insurance must be granted by proxy of the guarantor or insurer that have sufficient power to force it, with express reference in the text of the guarantee or of the certificate of insurance to comply with this requirement, and record the signature of those legitimized notarially.

The period of validity of the collateral provided shall be expressed with reference to the repayment term or maturity of the loan

The guarantee shall be provided to IDAE at least 15 calendar days in advance of the date of formalization of the corresponding loan agreement.

-After the period or time limits set out above, without the guarantee or formalisation of the loan agreement having been made under the conditions set out above, the beneficiary shall be deemed to waive the Aid granted, by way of derogation and notification, to that effect, resolution of the Director-General of IDAE. The amount of such loan shall be paid to the beneficiary within the time limit specified in the relevant contract, expressly establishing as causes of repayment or early maturity, the default assumptions established in the Sixteenth paragraph 1, with the effects set forth therein.

Eighth. Beneficiaries.

1. In general, where the beneficiaries are natural persons, they shall have the nationality of Spain or of one of the Member States of the European Union or of the European Economic Area or Switzerland. In the case of non-EU foreigners, they must have legal residence in Spain. Where they are legal persons, they must expressly prove that they are properly constituted, in accordance with the rules applicable to them. In the case of entities lacking their own legal personality, the implementing commitments made by each member of the group and the amount of the aid to be applied to each of them shall be expressly stated.

2. The aid beneficiaries will be obliged to notify IDAE immediately, even during the processing of the application, of any changes to the conditions which led to or might cause the aid to be granted and which could determine the loss of the loss.

In this context, any alteration of the conditions taken into account for the granting of the aid laid down in these bases may lead to the amendment of the resolution, without prejudice to the non-disclosure of the such amendments shall be sufficient to cause the aid to be revoked and, where appropriate, to recover the amounts wrongly received, in accordance with the provisions of paragraph 16.

3. They may not obtain the status of beneficiary of such aid who incurs in any of the circumstances provided for in Article 13 of Law 38/2003 of 17 December, General of Grants. In this context, the beneficiary shall, together with the request for assistance, subscribe to the statement responsible for failing to have obligations to recover grants or aid, or, where appropriate, the fulfilment of the aid, in accordance with the terms of the established in Article 21 of Royal Decree 887/2006 of 21 July approving the Regulation of the General Law on Subsidies, as well as those of the other obligations laid down in that Article 13.

The beneficiary must be aware of the compliance with its tax obligations and social security, in accordance with the provisions of the ninth paragraph of these bases.

4. The natural and legal persons who own buildings for residential use (for hotel and home use), the owners 'communities or the groups of owners' communities may be eligible for this programme. housing residential buildings, formed in accordance with the provisions of Article 5 of Law 49/1960 of 21 July, of the Horizontal Property, as well as the owners of single-family dwellings or the sole proprietors of buildings of dwellings meeting the requirements laid down in Article 396 of the Civil Code and not granted the title of horizontal ownership, and energy service companies.

The beneficiaries will allocate the full amount of the aid to the payment of the corresponding actions. In the case of communities of owners and groups of owners ' communities, this rule shall also apply irrespective of whether the amount of the same, or the cost of the works, is to be passed on to the local and local owners, in accordance with the rules laid down in the legislation of the Horizontal Property.

By way of derogation from the preceding paragraph, where one or more of the members of the community of owners or the group of owner communities incurs one or more prohibitions laid down in Article 13.2 of the Law 38/2003, of 17 November, General of Grants, shall not be attributed to the owner the proportional part which would correspond to the aid received, which will be prorated among the remaining members of the community or group.

Ninth. Obligations of the beneficiaries.

These are essential obligations of aid beneficiaries:

(a) Carry out the activity which bases the granting of the aid in the form and time limits laid down, in compliance with the requirements laid down in paragraph 5. For these purposes, the start of the actions committed in the application should take place within a maximum period of 6 months from the date of notification of the decision to grant aid.

b) Carry out the documentation set forth in paragraph 11, in the terms and conditions set forth therein.

c) Justify to IDAE the performance of the activity as well as the fulfilment of the requirements and conditions that determine the grant or enjoyment of the aid.

(d) Submit to the verification actions that the IDAE can carry out, as well as any other verification and financial control that may be carried out, if any, by the General Intervention of the State Administration.

e) Facilitate any information required by IDAE or, where appropriate, by the General Intervention of the State Administration.

(f) Communicate to IDAE the alteration of the conditions taken into account or which may motivate the granting of the aid referred to in paragraph 8 2.

g) Install and maintain a perfectly visible and readable poster in which the title of the project is clearly stated and the following caption: Project carried out with IDAE aid, which is welcomed to the programme for energy rehabilitation existing buildings in the residential sector (home and hotel use) ", and including the IDAE logo. The graphic design of the poster and broadcast media to be carried out will comply with the requirements established by the IDAE and which will be available on the Internet address of the IDAE (www.idae.es).

(h) To make the statements responsible for the absence of courses in the circumstances provided for in Article 13 of Law 38/2003 of 17 November, General of Grants, in the terms established by the present bases.

i) Credit, in the manner and form provided by the present bases, that they are current in the fulfillment of their tax obligations and in the face of social security.

(j) Keep the supporting documents for the implementation of the funds received, as long as they can be the subject of the verification and control actions.

k) Communicate to IDAE all changes of domicile for the purposes of notifications, during the period in which the aid is subject to control and supervision, unless the beneficiary is a public administration or entity.

l) Proceed to the reimbursement of the aid received in the cases set out in the 16th paragraph.

10th. Time limits for submission.

1. The aid referred to in this Programme may be requested during the period from the day following the publication of this resolution in the Official Gazette of the State and 30 October 2015.

2. This Programme shall end on 30 October 2015 or, if the available budget authorised by the IDAE is exhausted prior to this date, when this circumstance occurs.

11th. Submission of requests and documentation:

1. Applications for participation in the present aid programme for the energy rehabilitation of existing buildings in the residential sector (housing and hotel use) will be made in accordance with the form which will be available in the of the IDAE (www.idae.es).

2. Once the application form has been completed directly on the IDAE website, the system will generate a user code and password that will enable you to access your help request through this website and upload, within an unextended period of time of 15 calendar days, the documentation referred to in the following subparagraph, necessary for the processing of the application. The procedure for the telematic submission of the documentation to accompany the application of the aid will be published on the website of the IDAE. In any event, once the required documentation corresponding to the aid application has been fully charged, the aid shall be deemed to have been made and registered, with a definitive nature, for all intents and purposes, providing proof of the date and time of the aid. reception of the same. This date shall be deemed to be the date of registration of the application and shall be taken into account in order to establish the corresponding ranking number between the various applications received. This order number will also be provided to the applicant upon completion of the documentation loading process.

3. The application must be accompanied by the following documentation:

3.1 On a general basis, for the application for registration in the call:

(a) Photocopy of the DNI/NIE of the person (s) who sign the application and, if applicable, of the supporting documentation of the representation of the entity (s) on behalf of which they act, including, where applicable, the corresponding official records.

(b) Photocopy of the document certifying the ownership of the building by the promoter or owner-owners of the performance and, where appropriate, the ratio of the total number of dwellings that make up the building, except that the the promoter of the performance is a community or group of community of owners formed in accordance with the provisions of article 5 of Law 49/1960, of 21 July, of the Horizontal Property, in which case the following will be made available subsection 3.2.

(c) Responsible statement, in accordance with the model set out in Annex II, where it is detailed that the promoter or promoters of the action:

-In the event that you are not required to file the declarations or documents referred to in Articles 18 and 19 of the Royal Decree 887/2006 of 21 July, approving the Regulations of the General Law on Grants, With express mention of the legal basis of such exemption, they are aware of the current in the fulfillment of their tax obligations and with the Social Security.

-They are not in any of the situations provided for in Article 13 of Law 38/2003, of 17 November, General of Grants, making express mention regarding the non-existence or faithful fulfillment of their obligations of reimbursement of other grants or aid, in accordance with the terms laid down in Article 21 of Royal Decree 887/2006 of 21 July, approving the Regulation of the General Law on Subsidies.

-They have not requested or received other aid for the same performance or purpose or, if requested, the amount of the aid requested is indicated and, if applicable, obtained, as well as the administration, agency or public entity (a) by making, where appropriate, special mention of the de minimis aid received during the two previous fiscal years and during the current fiscal year, and the fact that the company is not in difficulty, as established by the Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 244, of 1 October 2004).

(d) Bank data for the transfer, where appropriate, of the amount of aid that may be granted.

e) cadastral certification of the building in which the actions to be carried out are carried out which, if necessary, prove that at least 70% of its surface constructed on the ground floor has residential housing and its year of construction Prior to 2013.

(f) The supporting report indicating the types of action in which the aid requested is covered, the description of the eligible actions, the justification for the eligible cost, the maximum amount and the amount and method of the requested help.

g) Energy certification of the building, with the content set out in Article 6 of the Basic Procedure for the certification of the energy efficiency of the buildings of Royal Decree 235/2013, of 5 April, signed by competent technician. It shall include the energy rating of the building in its current state and the rating it would obtain from the actions proposed by the applicant, as well as an estimate of the investment recovery time limits.

If available, it will be accompanied by the report of periodic inspection of the energy efficiency of the thermal installation, as set out in Royal Decree 238/2013 of 5 April, for which certain Articles and technical instructions of the Building Regulations on Buildings, approved by Royal Decree 1027/2007 of 20 July.

h) Project of the actions to be performed or technical memory, in the event that no project is required, subscribed by competent technician or installer, if applicable.

i) Budget of the company that will perform the actions, broken down and accepted, with a date after the entry into force of the Program. In the case of the typology of projects referred to in the third subparagraph, sub-paragraphs 3 and 4, a copy of the maintenance contract shall be provided for at least five years and, in the case of biomass installations, additional to the above, a copy of the fuel supply contract with a term of at least five years. Where the aid is requested by an energy service undertaking, the contracts between the same and the owners or community of owners shall be provided for at least five years. These contracts may be conditional upon the signature of the corresponding loan contract.

j) Photocopy of the permit or license of works or justification of your application, when required.

k) For the case of the facilities of point 3 of the third paragraph, optionally, a memory of the project of execution of the system of heat generation (manufacture, installation and commissioning) in matter of Socioeconomic development, carried out by the installer/is indicating their commitment to national jobs, expressed in man hours.

3.2 On a specific basis, in the event that the promoter of the action is a community or group of communities of owners formed in accordance with the provisions of Article 5 of Law 49/1960 of 21 July 2001, Horizontal Property:

a) Photocopy of the community tax identification document or group of owners ' communities (N.I.F.).

b) Certificate of the community act or group of community of owners where the execution of the actions is approved and the representative of the same. In the event that this representative is the President or Administrator, a certificate of the corresponding record shall also be provided where they have been appointed.

c) The relationship of community members, indicating their corresponding participation fees and the total number of dwellings that make up the building.

3.3 On a specific basis, in the event that the promoters of the action are sole proprietor of residential buildings which fulfil the requirements laid down in Article 396 of the Civil Code and not granted the horizontal property constitutive title:

a) Photocopy of the identification document of each of the owners (DNI/NIE).

(b) Agreement of the meeting where the implementation of the actions is approved, a representative shall be appointed for the purposes of the presentation, monitoring of the application for aid and the fulfilment of the obligations as beneficiaries. it corresponds to them and the quota for each of them is specified for the aid requested, signed by all the owners.

3.4 On a specific basis, in the event that the promoters of the action are single owners of housing buildings which meet the requirements laid down in Article 396 of the Civil Code and not granted the horizontal property constitutive title:

a) Photocopy of the tax identification document of all the legal persons who own the property (NIF).

(b) Agreement of the meeting where the implementation of the actions is approved, a representative shall be appointed for the purposes of the presentation, monitoring of the application for aid and the fulfilment of the obligations as beneficiaries. it is for the owners concerned and the quota for each of them is specified for the aid requested, signed by the legal representatives of all of them.

3.5 On a specific basis, in the event that the promoters of the action are both natural persons and legal owners of buildings of dwellings which fulfil the requirements laid down in Article 396 of the Code Civil and would not have granted the title of horizontal ownership, they shall provide the documentation provided for each of them in the preceding paragraphs.

3.6 On a specific basis, if the promoters of the action are legal persons who own residential buildings for hotel use:

a) Photocopy of the tax identification document of the legal person owning the building (NIF).

b) Updated certificate of census registration in Economic Activities issued by the Provincial Delegation of Finance, which accredits belonging to group 681 set out in Annex I of the Royal Legislative Decree 1175/1990, of 28 September, for which the rates and the instruction of the tax on economic activities are approved.

3.7 On a specific basis, in case the promoter of the performance is an energy services company:

(a) Fotcopia of the employer's NIF or legal person.

b) A photocopy of a document that is proof of and in force to be found discharged in the Economic Activities Tax in the economic activity related to the eligible performance object of his application as well as photocopy of the proof of payment of the last corresponding receipt.

c) Statement responsible with the commitment to act as an energy services company, indicating the contractual contents that are intended to be applied to the users as well as the billing formula and prices applied to the in accordance with the model set out in Annex III.

3.8 In addition, for promoters of actions applying for assistance in the form of a repayable loan, with the exception of non-profit individuals, entities or non-profit institutions economic activities:

(a) Annual accounts of the last 3 financial years with the proof of having been deposited in the corresponding Register, and a statement responsible for the turnover of those years. In the case of companies without obligation to deposit their accounts in the Register, a copy of the Company Tax declaration of the required years must be provided.

b) Statement responsible for the number of employees for the last three years.

(c) For the purpose of determining the gross grant equivalent contained in the repayable loan, the beneficiaries may provide a credit rating report issued by a recognised specific agency or bank, in Contrary case in that calculation, the most unfavourable margin of application shall be taken to the level of guarantees required.

4. The documentation relating to the data contained in the Registry of the Requesting Entities of Aid (RESA) of the Ministry of Industry, Energy and Tourism, regulated by the Order ITC/11/197/2010, of 29 April, shall be exempted from providing the documentation. applicants who would have done so on the application form, specifying the documentation and data entered in the application form.

5. If, in the documentation provided, defects or sub-healable omissions, technical deficiencies or additional technical documentation are to be observed in order to extend the knowledge about the already presented, the person shall be required to requesting, by means of electronic contact, which appears in the application, so that, within 15 calendar days, it will subsme the faults or accompany the necessary documents, warning him that, in the event of failure to do so, he will be withdrawal, the corresponding decision to be given and the corresponding decision to be withdrawn, prior to the Resolution of the procedure laid down in paragraph 3. 3.

6. IDAE may request at any time, for a maximum period of four years from the date of the end of the period for the submission of applications corresponding to this call, the exhibition of the originals of the supporting documents or documentation which it considers appropriate. Where appropriate, the beneficiary shall revoke and refund the aid, in accordance with the terms laid down in the 16th paragraph of these bases, if the beneficiary does not provide the exhibition of such originals within 30 days. natural to be counted from the day following that the IDAE would have required in that regard, considering such a circumstance as a breach of the obligation to justify the destination of the aid granted.

12th. Reformulation of requests.

The procedure's instructor may urge the applicant to reformulate his application, where the amount of aid applied for is higher than the amount of the aid, after the assessment provided for in paragraph 13 (2), may be granted, in order to adjust its applicable commitments and conditions of implementation, with respect to the object, conditions and purpose of the aid, as well as the relevant assessment criteria. For the purpose of booking budget and registration of the application, the date of the initial application shall be maintained.

Once the application deserves the conformity of that instructor, it shall be referred to the competent body to be resolved,

accordance with the following paragraph.

In any case, if the proposal is reformulated to the applicant, the applicant does not reply within the time limit that would have been granted to the applicant, the content of the initial application will be maintained.

13th. Competent bodies for the processing, management and resolution of aid.

1. The body responsible for the management and instruction of the procedure shall be the Secretary-General of the IDAE.

2. The evaluation of the applications will be carried out by the specialized departments of the Energy Savings and Efficiency Directorate and the Renewable Energy Directorate of the IDAE, in accordance with the requirements established by these bases. and, in particular, those listed in Annex I.

3. The dismissal of aid applications which do not comply with the requirements laid down by these bases, after giving the person concerned a period of 15 calendar days for claims, may be made on a proposal from that body. instructor, by means of a reasoned decision prior to the decision of the procedure. This prior reasoned decision shall be the responsibility of the Director-General of IDAE.

4. The resolution of the procedure shall be the responsibility of the Board of Directors of the IDAE or the governing body. The Board of Directors shall authorise the Director-General of the IDAE to communicate the resolution and, where appropriate, to supplement it or to rectify material, factual or arithmetic errors.

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

(a) The applicant to whom the aid is granted, as well as the actions to which it is intended.

(b) The aid granted on the basis of the eligible cost. This amount may not be exceeded by deviations from the implementation of the actions covered by the aid.

(c) The time limits for the performance of the actions and the reasons for the investment and/or actions.

(d) The conditions of compliance related to the performance of the actions, such as accreditation of compliance with the applicable regulations that apply to them and obtaining the required licenses and administrative authorities.

e) In cases where the aid is granted in the form of a repayable loan, the amount of the gross grant equivalent, the aid intensity and the eligible costs to which it corresponds, depending on the Community rules that apply to you.

6. The decisions referred to in this paragraph, against which the administrative resources provided for in the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure shall not be provided, shall be notified to the interested and published, in summary form, on the IDAE website.

7. The beneficiary shall notify IDAE of its acceptance of the aid within the maximum period of 30 calendar days from the date of receipt of the decision of the procedure and the granting of the aid, in writing to the instructor, referencing the received notification.

The beneficiary's lack of express acceptance, in the terms set out above, will result in the beneficiary's waiver of the aid granted, and the corresponding resolution of the Director General of IDAE.

14th. Modification of the resolution.

1. The initial conditions for granting the aid may be modified provided that the changes do not affect the objectives pursued with the aid, the implementation of the deadlines for action or the fundamental aspects of the aid. proposed actions.

2. The amendment of the decision shall be requested by the beneficiary before the end of the period for the performance of the aid and the decision on whether or not to accept the application for amendment shall be the same as that of the Board of Directors of the IDAE, which will dictate the relevant resolution by estimating or dismissing the requested amendment. In the case of the estimated modification requested, the resolution shall contain the minimum content set out in paragraph 13 (5), and the forecasts contained in respect of the acceptance of the beneficiary in the sub-paragraph 7 of the same paragraph.

3. Where the amendment involves an extension of the time-limits laid down for the implementation of the measures, this amendment may be authorised only if it is due to unforeseeable circumstances, duly justified, to be carried out. (i) it is impossible to comply with them, despite the fact that the beneficiaries have adopted the minimum technical and planning measures which they were required to do. In no case shall extensions of time limits for the implementation of the action subject to aid be authorised which exceed the 18 months from the date of notification of the decision granting the aid in its total calculation.

15th. Justification for the performance of the performance.

1. The justification by the beneficiaries of the performance of the proceedings must be made before the instructor within a maximum period of 12 months from the date of notification of the decision of the procedure and the granting of aid by Part of the Board of Directors of the IDAE, by providing the following documentation:

(a) Final certificate of work subscribed by the director of work and director of execution of the work, where appropriate, in the case of the performance of the thermal envelope improvement, as referred to in the third subparagraph, paragraph 1.

(b) Certificate of thermal installation, signed by the director of the installation or installer authorized in the competent authority of the Autonomous Community in accordance with the RITE, in the case of the actions on installations Third subparagraph, sub-paragraphs 2, 3 and 4

c) Energy efficiency certificate obtained after the performance of the actions, subscribed by competent technician, in which the minimum improvement of 1 letter in its energy rating, measured on the scale of emissions of the carbon dioxide (kg CO2/m2 year).

(d) Report showing the appropriate performance of the actions covered by the aid granted in accordance with the documentation submitted in the application for the aid, issued by the control body or control body which complies with the the technical requirements set out in Royal Decree 410/2010 of 31 March for the exercise of its activity in the regulatory field of the building or by control entity enabled for the regulatory field of thermal installations The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice The Regulation of the infrastructure for industrial quality and safety, in the specialty or specialties that best suits the nature of the action, is approved.

e) Banking invoices and justifications for payments made.

f) Supporting documentation that the applicant or applicants are holders of the number or account numbers indicated in the application.

In general, the payment or corresponding expenditure shall be deemed to have been made when it has actually been satisfied before the time limits specified in these bases, not accepting payments in respect of the metal. If the form of payment is a bank transfer, it shall be justified by a copy of the deposit of the charge, and the invoice number or, in the absence thereof, the concept paid shall be included in the concept of the transfer. In all the supporting documents to be provided, the beneficiary must appear as the issuer of the payment; if the issuer of the payment does not appear in the supporting document, the bank holding information on the issuer shall be credited. of the payment, recipient of the payment, date and amount.

In the case of deferred payments that expire after the date of completion of the corresponding justification deadlines laid down in the bases, only those made of the following shall be admitted as the object of aid. form:

a) Personal check, justifying your bank statement discount.

b) Banking check, attaching an acknowledgement of receipt by the supplier in which you admit it as a form of payment.

c) I will pay, attaching an acknowledgement of receipt by the supplier in which I admit it as a form of payment.

d) Change Letter, accepted.

e) Confirmed irrevocable credit card or irrevocable document credit.

In any event, if the activity was carried out and the time limit was completed to justify, only part of the costs incurred would have been paid, for the purposes of loss of the right to the corresponding aid, the principle of proportionality, in the terms and conditions laid down in paragraphs 3 and 4 of paragraph 16, shall apply, unless the relevant supplier has expressly accepted the deferred payment of the costs; satisfied, and thus be documented in accordance with the above.

By way of derogation from the above, the instructor may draw up additional accreditation and justification instructions and provide that the beneficiary shall provide, as an alternative to the supporting documents, a a report issued by an auditor of accounts registered as an exerciser in the Official Register of Auditors of the Accounts and Audit Office of the Accounting Institute, including the ratio of invoices to which the report refers, identification of the suppliers to whom the payment is intended to be credited and one The reference is expressed to the fact that the payments have actually been made on the dates indicated.

2. The non-justification in time, in accordance with the previous subparagraph, by the beneficiaries of the aid, shall entail the revocation of the aid and, where appropriate, the corresponding refunds in the terms and conditions laid down in paragraph 1. sixteenth.

3. The instructor may require the beneficiary to provide any additional supporting documentation to the person concerned, in order to verify the effective appropriateness of the action to which the aid was granted, leaving the beneficiary required to be delivered within a maximum of 15 calendar days from the receipt of the communication by IDAE.

4. The instructor may designate the staff whom it considers appropriate to carry out, prior to the payment of the aid, the appropriate inspection of the action.

5. The instructor body may also use the services of independent specialised companies for the monitoring, control and verification of approved actions, not only in the final stage of verification, but also at a time. intermediate where the purposes on which the aid is granted can be verified.

sixteenth. Revocation and recovery of the aid. Graduation criteria for possible defaults.

1. Failure to comply with any of the conditions imposed for the granting of the aid under this Program, in any of the cases provided for in Article 37 of Law 38/2003 of 17 November, General of Grants, or by these bases, the aid shall be revoked by a decision of the IDAE Board of Directors, after an unextended term of 15 calendar days to the beneficiary concerned.

2. The withdrawal of the aid shall, where appropriate, result in the loss of the right to the receipt of the aid granted and/or the reimbursement of the amounts actually incurred up to that time, increased with interest on late payment from the date of payment of the aid. as any other amount that may have been established, as well as the resolution of the corresponding loan contracts.

3. Partial compliance with the conditions laid down or the completion of a period of only part of the performance committed, provided that the improvement of the total energy rating of the existing building is credited at least 1 letter, measure in the scale of carbon dioxide emissions (kg CO2/m2) with respect to the initial energy rating of the building, it will result in the adjustment and partial payment of the aid granted, provided that the withdrawal of the aid does not proceed for non-compliance with other essential obligations or requirements set out in these and without prejudice to the corresponding proportional reimbursement obligation, if any.

4. In any case, failure to achieve the improvement of the total energy rating of the building in at least 1 letter measured on the carbon dioxide emissions scale (kg CO2/m2) with respect to the energy rating The initial building will lead to the withdrawal of the aid.

seventeenth. Notification practice.

The practice of the notifications corresponding to the procedure laid down by these bases shall be carried out, in general, by any means which would permit the person concerned or his/her to receive evidence of their receipt. representative.

Eighteenth. Nature of the applicable procedure and jurisdiction.

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

2. The jurisdiction competent to hear of the conflicts arising under this resolution shall be the civil jurisdiction, without prejudice to the prior complaint referred to in Article 60.2 of Law 6/1997 of 14 April 1997. Organization and Operation of the General Administration of the State.

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

Nineteenth. Protection of personal data.

In accordance with Organic Law 15/1999, of December 13, of Protection of Personal Data, the information and personal data provided by any applicant or beneficiary will be collected by IDAE to be incorporated into the automated file ownership and responsibility of the same so-called "Energy Rehabilitation", in order to verify the compliance, control and monitoring of the obligations established by the present bases. Interested parties may exercise their rights of access, rectification, cancellation or opposition in writing to the General Secretariat of IDAE, Calle Madera, No. 8, 28004 Madrid.

Twenty. Effectiveness.

This resolution shall have effect from the day following that of its publication in the "Official State Gazette".

ANNEX I

Eligible actions and amount of aid

Performance 1: Improving the energy efficiency of the thermal envelope

1. Objective.

Reduce energy demand in heating and air conditioning of existing buildings in the residential sector (home and hotel use), by improving the energy efficiency of its thermal envelope as a whole or in some of the elements that compose it.

2. Eligible actions.

It is considered as the thermal envelope of the building that consists of the building enclosures that separate the habitable enclosures from the external environment (air, ground or other building) and the internal partitions that separate the habitable enclosures of the non-habitable, which in turn are in contact with the external environment. The energy actions considered within this measure will be those that will result in a reduction of the energy demand for heating and air conditioning of the building, by means of actions on its thermal envelope.

Energy actions on thermal envelope can provide for conventional and unconventional constructive solutions. It is understood by conventional constructive solutions that are commonly used in buildings to reduce their energy demand, such as those affecting facades, covers, external carpeners, glass and protection. solar. They are understood as non-conventional constructive solutions known as "bioclimatic architecture" measures such as: trombe walls, parietodynamic walls, terraced greenhouses, shading systems, natural ventilation, etc.

For the purposes of the sixth paragraph of the resolution, eligible costs shall also be considered as the ancillary facilities required to carry out this performance, such as scaffolding or cranes.

The minimum energy efficiency requirements that must be met by the thermal envelope that is reformed are those contained in the Technical Code of the Edification. In cases where it is technically not feasible, as it is an existing building, to achieve the level of benefit laid down in the Basic Energy Demand Limitation Document of the Technical Code of Edification, they may be adopted solutions that allow the greatest possible degree of adequacy, technically justifying the motive and the level of benefit achieved.

3. Amount of aid.

1. The amount of the aid, in the form of cash delivery without consideration, may be 30% of the eligible cost of the action, calculated in accordance with the sixth paragraph of the resolution.

In the case of buildings in the residential housing sector, the amount will have a maximum limit of € 3,000 /housing.

2. The repayable loan may be up to 60% of the eligible cost of the performance, calculated in accordance with the sixth paragraph of the resolution.

In the case of buildings in the residential housing sector, the amount will have a maximum limit of € 6,000 /housing.

Performance 2: Improving the energy efficiency of thermal and lighting installations

1. Objective.

Reduce energy consumption of thermal heating, air conditioning, ventilation, hot water production, air conditioning of swimming pools and lighting of buildings in the residential sector housing and hotel).

2. Eligible actions.

They are considered as thermal heating, air conditioning, ventilation and hot water production facilities to meet the demand for the thermal well-being and hygiene of the people in the buildings of the residential sector (housing and hotel use), as well as the air conditioning of the swimming pools, within the scope of the Regulation of Thermal Installations of Buildings (RITE). The eligible energy actions will be as follows:

• Case C1: Reformation of boiler rooms with replacement of heat production equipment for heating and hot water for other high energy efficiency.

• Cases S1, S2 and S3: Replacement of conventional energy by thermal solar energy for heating, air conditioning and hot water production of buildings, as well as for the air conditioning of swimming pools.

Thermal solar installations must meet the following requirements:

− They will respond to the definition of the basic requirement HE4 of the Technical Code of Building.

− The installations and equipment will comply with the current regulations established in the RITE, the Technical Conditions of the IDAE for thermal solar installations-Review 2009 as well as the recognized document of the RITE " ASIT Guide Thermal Solar Energy ", prepared by ASIT and available on the website of the Ministry of Industry, Energy and Tourism.

− The solar collectors must be certified by the Ministry of Industry, Energy and Tourism.

− Only collectors with overall loss coefficient less than 9 W/ (m2 ° C) will be allowed.

− Solar installations of a power exceeding 14 kW shall have a system of measurement of the energy supplied in order to be able to verify compliance with the energy management programme and the periodic inspections of energy efficiency. The design of the system for the accounting of energy and control must allow the user of the installation to check directly, visually and unequivocally the correct operation of the installation, so that the installation can control the production of the installation. In addition, the power plants of more than 70 kW must incorporate the PRETEL monitoring system, connected to IDAE and become part of the PRETEL Harmonized System for the monitoring of thermal renewable installations.

• Case M1: Systems for accounting for consumption and in particular for individual measurement of heating consumption in buildings of dwellings with centralised thermal installations, with a system of distribution of the heating by columns. It is intended for buildings previously built on the RITE and which do not have the cost-sharing system in accordance with IT 1.2.4.4 of the RITE, in order to facilitate compliance with Article 9 (3) of Directive 2012/27/EU. energy efficiency. Eligible actions shall be those carried out in existing buildings of dwellings equipped with a centralised thermal installation which serve more than one user who understand the following actions:

− Installation of heating cost delivery devices to measure the consumption and spread of the corresponding expenses according to the actual consumption of each user. These cost deliverables should follow the rules of design and operation of the standard UNE-EN-834 (" Heating Spending Distributors to determine the values of consumption of radiators. Electrical power equipment ") and the corresponding type-approval issued by an independent and approved testing laboratory for distributors of heating costs within the European Community.

The system of accounting, once installed, either in the section of the connection or through the distribution of heating costs, must have a service of acquisition of the data of consumption, as well as of liquidation and the allocation of the costs to each of the users of the facility according to the measured consumption.

The individualized settlement of the costs for each service (heat, cold and hot water) will be carried out by the corresponding individual invoice, which may be on paper or in electronic form, in the that the user shall be provided with all the information necessary for the control of their consumption, including the historical information of their consumption.

− Installation of thermostatic valves: To allow the user to regulate their consumption, they will be able to complement the devices delivery of heating costs with the installation of mechanical thermostatic valves or electronic means to allow the supply of heat to be regulated for each and every emitter. They must comply with the UNE-EN-215 standard. In the case of electronic thermostatic valves, they shall have a eu.bac energy efficiency certificate.

• Case C2: all those that will improve energy efficiency in the thermal installations of residential buildings (housing and hotel use) and among them will be considered eligible. Indicative and non-limiting character are listed below.

-Replacement of heat and cold production equipment by others with high energy efficiency, including aerothermal and hydrothermal solutions. The replacement of these equipment must be referred to the official energy labelling system and may be used as a reference to another system, such as EUROVENT.

-Replacing the movement equipment of the heat-bearing fluids with other high energy efficiency.

-Free cooling systems by outdoor air and heat recovery from the exhaust air.

-Systems that combine conventional equipment with evaporative techniques that reduce the energy consumption of the installation: evaporative cooling, evaporative condensation, evaporative pre-cooling of the condensation air, direct and indirect evaporative cooling prior to the recovery of heat from the extraction air, etc.

-Systems for controlling and regulating equipment and/or installations that save energy, for example, depending on the variation of the external temperature, the presence or the needs of the user. Telematic management systems for hot water supply for buildings in the residential sector (housing and hotel use) to control the consumption of hot water and energy, limit the maximum instantaneous flow rate, maximum volume of use and even the court of supply for housing and/or stay. Taps for the control and management of sanitary hot water at the point of consumption, which allow for optimal and rapid regulation of temperature and flow, which allow to be controlled directly by the user and, at the same time, by means of telematic systems, to manage and control the instantaneous consumption, the output temperature and the maximum consumption volume of these. The integration of these systems into a domotic system that allows communication between the different systems will be considered in the actions, so that they interact with each other and can be controlled locally or remotely.

The minimum energy efficiency requirements for the installation to be renewed are those contained in the current Building Thermal Facilities Regulation (RITE). The replacement of a boiler by another that uses solid fuel of fossil origin shall not be considered eligible cost.

• ILU case: all those that will allow to improve the energy efficiency in the interior lighting installations of the existing buildings of the residential sector use hotels and the zones will be considered also eligible common buildings in the residential sector used housing, including those that are indicative and not limited in nature, are listed below:

-Luminaires, lamps and equipment: replacement of the assembly by another with higher performance luminaires, more efficient lamps and adjustable electronic reactances and which allow the power installed in lighting to be reduced, complying with the requirements of regulated quality and visual comfort.

-Local or remote control systems for lighting and lighting level regulation: they will include those control systems by presence and regulation of lighting level according to the natural light input.

-Lighting system change: Relocation of light points using the above technologies, so that the annual electrical consumption is reduced with respect to the current lighting system.

-Implementation of monitoring systems that allow the conditions of comfort and the suitability of the actions performed in favor of the improvement of energy efficiency to be known at all times.

The minimum energy efficiency requirements to be met by the lighting installation that are re-enabled are those set out in the HE-3 document, Energy Efficiency of lighting installations, of the Technical Code. of the Edification.

3. Amount of aid.

1. The reimbursable loan may be up to 90% of the eligible cost of the performance, calculated in accordance with the sixth paragraph of the resolution and with the limit in its amount as set out in point 2.

2. The maximum amount of the repayable loan to be granted shall be calculated according to the following formulae, where P (kW) is the thermal power of the generator and Ps (kW) the power of the solar thermal installation:

• Case C1: Reformation of boiler rooms for heating production and/or hot water production.

Maximum repayable loan amount (€) = 2.070 x P (0.62)

3. Case S1: Solar installations for the production of hot water and/or air conditioning of discovered and/or covered swimming pools.

Maximum repayable loan amount (€) = 1,170 * Ps (0, 9)

4. Case S2: Solar installations for heating, and optionally applications collected in Case S1.

Maximum repayable loan amount (€) = 1,755 * Ps (0, 9)

5. Case S3: Solar installations for heating and cooling, and optionally applications collected in Case S1.

Maximum repayable loan amount (€) = 2,164 * Ps (0, 9)

6. Case M1 and C2: The repayable loan may be up to 90% of the eligible cost of the action, calculated in accordance with the sixth paragraph of the resolution.

7. Case ILU: For actions to improve energy efficiency in the lighting installations of existing buildings, the repayable loan may be up to 90% of the eligible cost of the performance, calculated according to the Sixth paragraph of the resolution.

Take Action 3: Replacing conventional energy by biomass in thermal installations

1. Objective.

Reduce conventional energy consumption in existing residential sector buildings (housing and hotel use) by using biomass as heating, air conditioning and hot water production and heating fuel air conditioning of swimming pools.

2. Eligible actions.

It will be eligible actions to be carried out in heating, air conditioning, hot water production and air conditioning of swimming pools that include system of smoke/water exchange and to replace Conventional energy installations in buildings in the residential sector (housing and hotel use), including the modification of existing heating and air conditioning networks.

In order to verify the correct use of the installed equipment, the new facilities must incorporate the PRETEL monitoring system, connected to IDAE, and become part of the PRECEL Harmonized System thermal renewable installations.

The installations must comply with the requirements laid down in the Building Thermal Facilities Regulation (RITE) and in the recognized document of the RITE " Technical Guide: Thermal biomass installations in the buildings ", published by the IDAE, and available in the Official Register of RITE Documents on the Web of the Ministry of Industry, Energy and Tourism, as well as any other legislation that applies to them.

In the case of biomass installations, eligible costs, in addition to what is indicated in paragraph 6 of the resolution, shall be considered as the following concepts: silos, heat/cold generation systems, room modification boilers, systems for the internal transport of biomass, systems for the treatment and emission of the fumes and other elements necessary for their operation, as well as heat/cold networks and exchange stations.

3. Amount of aid.

1. The repayable loan, in general, may be up to 50% of the eligible cost, and may be increased by an additional 40% if the option to include a memory of the project implementing the heat generation system (paragraph Eleventh, point 3.1 (k), and the resulting socio-economic impact, once assessed by IDAE, expressed in man hours of direct employment (in work and in line of production) exceeds the value of calculating the expression 27 x P0.5, with P the power in kW of the heat generation system. In order to assess this socio-economic impact, it shall be taken into account that the maximum direct employment limit, expressed in male hours, shall not exceed the value resulting from the expression 12,133 x P0,5494, for the concept of installation of the Heat generation system and 1.348 x P0.5494, for startup of the same.

2. The maximum amount of the repayable loan to be granted shall be calculated according to the following formulae, where P (kW) is the thermal power of the generator:

2.1 For 50% funding:

• Case B1: Facilities for generating hot water and/or heating in a building.

Maximum repayable loan amount (€) = 440 x P (0.87)

• Case B2: Facilities for generating hot water and/or heating and cooling in a building.

Maximum repayable loan amount (€) = 770 x P (0.87)

• Case BR1: Centralized heat generation facilities, including distribution and exchange network to users, which serve several buildings.

Maximum repayable loan amount (€) = 625 x P (0.87)

• Case BR2: Centralized heat and cold generation facilities, including distribution and exchange network to users, which serve several buildings.

Maximum repayable loan amount (€) = 1,062 x P (0.87)

• Case BR3: Centralized heat generation facilities, including distribution and exchange network, as well as decentralized cold production to users (decentralized cold production should be renewable energy supplies), which serve several buildings.

Maximum repayable loan amount (€) = 1,187 x P (0.87)

2.2 For 90% funding:

• Case B1: Facilities for generating hot water and/or heating in a building.

Maximum repayable loan amount (€) = 792 x P (0.87)

• Case B2: Facilities for generating hot water and/or heating and cooling in a building.

Maximum repayable loan amount (€) = 1.386 x P (0.87)

• Case BR1: Centralized heat generation facilities, including distribution and exchange network to users, which serve several buildings.

Maximum repayable loan amount (€) = 1.125 x P (0.87)

• Case BR2: Centralized heat and cold generation facilities, including distribution and distribution network to users, which service several buildings.

Maximum repayable loan amount (€) = 1,912 x P (0.87)

• Case BR3: Centralized heat generation facilities, including distribution and exchange network, as well as decentralized cold production to users (decentralized cold production should be renewable energy supplies), which serve several buildings.

Maximum repayable loan amount (€) = 2.137 x P (0.87)

Take Action 4: Replacing conventional power by geothermal energy in thermal installations

1. Objective.

Reduce conventional energy consumption in residential buildings (home and hotel use) by using geothermal energy for heating, air conditioning, hot water production and air conditioning of swimming pools.

2. Eligible actions.

It will be eligible actions for heating, air conditioning, hot water production and air conditioning of swimming pools that replace conventional energy installations in buildings in the residential sector (home and hotel use), including modification of heating/air conditioning networks.

The facilities must incorporate the PRETEL monitoring system, connected to IDAE and become part of the PRECEL Harmonized System for monitoring thermal renewable installations.

The installations must comply with the requirements laid down in the Building Thermal Facilities Regulation (RITE) and, in the case of closed circuit geothermal exchange systems, the recognised from the RITE "Technical Guide for the Design of Closed-Circuit Geothermal Exchange Systems" published by the IDAE, and available in the Official Register of RITE Documents on the Web of the Ministry of Industry, Energy and Tourism, as well as any other legislation applicable to them.

In your case, the drilling must obtain the corresponding authorization of mining safety according to the requirements laid down in the basic rules of mining safety. In addition, the pre-drilling formalities established by the competent environmental body according to their environmental condition shall be carried out.

In the case of geothermal installations, the following concepts shall be considered eligible costs, in addition to the provisions of paragraph 6 of the resolution: the cost of carrying out studies, tests, surveys and preliminary simulations prior to the design of the installation, surveys, excavations, foundations, ditches, urbanization and other elements necessary for its operation, as well as heat/cold networks and exchange stations.

3. Amount of aid.

1. The reimbursable loan may be up to 90% of the eligible cost of the performance, calculated in accordance with the sixth paragraph of the resolution and with the limit in its amount as set out in point 2.

2. The maximum amount of the repayable loan to be granted shall be calculated according to the following formulae, where P (kW) is the thermal power of the generator:

• Case G1: Facilities for generating hot water and/or heating/cooling in open circuit, for a building.

Maximum repayable loan amount (€) = 1.283 * P (0.83)

• Case G2: Facilities for generating hot water and/or heating/cooling in closed circuit with horizontal interred exchange, for a building.

Maximum repayable loan amount (€) = 2,566 * P (0.83)

• G3 case: Facilities for generating hot water and/or heating/cooling in closed circuit with vertical exchange, with surveys, for a building.

Maximum repayable loan amount (€) = 3,528 * P (0.83)

• G4 case: Hot water generation and/or heating/cooling facilities with direct use of geothermal energy for a building.

Maximum repayable loan amount (€) = 3,528 * P (0.83)

• Case GR1: Centralized heat generation facilities, including distribution and exchange network to users, which service several buildings.

Maximum repayable loan amount (€) = 3,689 * P (0.83)

• GR2 case: Centralized heat and cold generation facilities, including distribution and exchange network to users, serving multiple buildings

Maximum repayable loan amount (€) = 4,010 * P (0.83)

• GR3 case: Centralized heat generation facilities, including distribution and exchange network to users and decentralized cold production, which service several buildings

Maximum repayable loan amount (€) = 4.170 * P (0.83)

ANNEX II

Responsible statement for the purposes of paragraph 11 (c) (c) of the regulatory basis for the call for the aid programme of the Institute for the Diversification and Saving of the Energy (IDAE) for the energy rehabilitation of existing buildings in the residential sector (housing and hotel use)

Don/dona ......................................................................................................................, nationality: ......................................................................................................., with NIF/NIE/: .................................., (delete as not applicable), in the name and representation of the entity (delete, if not applicable): ..................................................., of a legal nature (delete, if not applicable): ........................................................., with NIF number (tachese, if not applicable): ........................, address at: ..............................................................................., n. º: ......., ladder: ......., floor: .... door ............. Location: ......................................, CP: ............., province: ....................................., country: ............................ Telephone: .............................., fax: ..........................., e-mail: ............................ Address for communications purposes (if different from the previous one): ............................................................., n. º: ....., ladder: ..........., floor: .........., Locality: ............................................, CP: .............., province: ...................... Telephone ......................., fax: ........................., e-mail: .............................................

DECLARES

1. What don/dona ....................................... or the entity: ..................................... (delete what does not apply), of legal nature ................................................. (delete, if not applicable), not being obliged to submit the declarations or documents referred to in Articles 18 and 19 of Royal Decree 887/2006 of 21 July, approving the Regulation of the General Law on Subsidies, legal basis in ........................................................................., is current in the fulfillment of its tax obligations and with Social Security.

2. What don/dona ................................... or the entity: .................................... (delete as not applicable), of a legal nature .................................................. (delete, if not applicable), is not in any of the situations provided for in Article 13 of the Law 38/2003 of 17 November, General of Grants, stating that:

(a) There is no obligation to refund any other subsidies or aid received (delete, if not applicable).

b) It is found to be in compliance with its obligations to refund other grants or aid received, in accordance with the terms laid down in Article 21 of Royal Decree 887/2006 of 21 July, for which it is approves the Regulation of the General Grant Law (delete, if not applicable).

3. What don/dona ....................................... or the entity: ..................................... (delete what does not apply), of a legal nature .................................................... (delete, if not applicable):

(a) You have not requested or received any other grants or aid for the same performance or purpose as requested in the context of this Program of aid, of any Administration, agency or public entity, national or international (tachese, if not applicable).

b) You have not requested or received de minimis aid during the previous two fiscal years and during the current fiscal year (delete, if not applicable).

c) You have requested or obtained the following grants or aids, for the same performance or purpose as requested in the context of this Program of aid, of the following/s Administration/is, organism/s/entity public/s, national/en or international/en, for the amount/s also specified/n (tachese, if not applicable): .........................................................................................................................................................................................................................................................................................................

(d) You have received the following de minimis aid during the previous two fiscal years and during the current fiscal year, of the following/s Administration/is, entity/s or entity/s, national/s or international/s, for the amount/s also specified/n (tachese, if not applicable): .........................................................................................................................................................................................................................................................................................................................................................................

e) The company is in difficulty, as established by the Community Guidelines (OJ C 244 of 1 October 2004) on State aid for rescuing and restructuring firms in difficulty (delete, if not applicable).

4. What don/dona .......................................... or the entity: ................................ (delete what does not apply), of a legal nature ................................................ (delete, if not applicable), undertakes to immediately communicate to IDAE any modification or variation of the circumstances above.

In ....................................... to ...... of ........................ of ............

(Signature of the applicant or the representative of the requesting company)

ANNEX III

Responsible statement for the purposes of paragraph 11 (c) (c) of the regulatory basis for the call for the aid programme of the Institute for the Diversification and Saving of the Energy (IDAE) for the energy rehabilitation of existing buildings in the residential sector (housing and hotel use)

Don/dona ....................................................................................................................., Nationality: ................................................................................................., with NIF/NIE: .................................. (delete as not applicable), in the name and representation of the entity (delete, if not applicable): ..............................................., of a legal nature (delete, if not applicable): ........................................................., with NIF number (tachese, if not applicable): ........................, address at: ..............................................................................., n. º: ......., ladder: ......., floor: ........ door .............. Location: ......................................, CP: ............., province: ....................................., country: ............................... Telephone: ............................., fax: ..........................., e-mail: ............................. Address for communications purposes (if different from the previous one): ....................................................................., n. º: ....., esc.: ...., floor: .........., Locality: ............................................, CP: .............., province: ...................... Telephone ......................., Fax: ........................., e-mail: .............................................

DECLARES

1. That the entity ................................................................................ assumes the commitment to act as an Energy Services Company (ESE) through the design, financing and implementation of energy saving measures and/or the use of renewable energy in the facilities of its clients, assuming the technical and economic risk of the project, for which the contractual content to be applied to the users is indicated:

a) During the entire energy service contract the installation is owned by the ESE and not the client.

b) Issue of the first invoice once service delivery has begun.

c) Billing on the basis of the energy consumed by the customer.

d) From the savings generated you get payment of operating and maintenance expenses, savings for the owner and profitability for the investor.

e) A minimum reduction for the customer of 5% is considered, including the cost of financing the installation itself, in respect of the price of the replaced fossil fuel.

f) From putting into service the installation, ........... will use and operate your facility looking for maximum energy efficiency, even with telescopement. The objective of this is to guarantee facilities in optimal conditions of service, in favor of its users and efficient use of energy.

2. It undertakes to facilitate the inspections of the facilities of its property required by IDAE, as well as to provide copies of the contracts of energy services formalized with its customers and of the invoices made to the without prejudice to the display of the original documentation required by IDAE.

In ............., to ......... from ............... of 2013.

(Signature of the applicant or the representative of the requesting company)

ANNEX IV

Model of a repayable commercial loan contract, for the purposes of paragraph 7, sub-paragraph 4 of the regulatory basis for the call for the aid programme of the Institute for Diversification and Energy saving (IDAE) for the energy rehabilitation of existing buildings in the residential sector (housing and hotel use)

This reimbursable commercial loan contract will be formalized by IDAE and the beneficiary of the Program of Aid for the Energy Rehablicitation of Buildings of the Residential Sector (Housing and Hotel Use) according to the terms and conditions established by the regulatory bases of the Program of Aid for the Energy Rehabilitation of Buildings in the Residential Sector (Housing and Hotel Use) through the provision of public writing whose expenses will be the beneficiary's account and charge.

In Madrid, a ................ de ................. de 20 ......

Before me ..................

COMPARE

On a part

D. ..............................................................................., of Spanish nationality, older, neighbor of Madrid, with professional address in Calle Madera, number 8, holder of DNI/NIF number ............................

And elsewhere

D. ......................................................................, of nationality ..............................., older, neighbor of .............., with address on the street ...................................................... and with ID number ....................................

INTERVENE

The comparison, monsieur/a ....................., in the name and representation of the Institute for the Diversification and Saving of Energy (IDAE), Public Body attached to the Ministry of Industry, Energy and Tourism, through the Secretariat of State of Energy, based in Madrid, Calle Madera number 8 and CIF: Q2820009E ........................

The comparison, monsieur/a .........................., intervenes in its own name and right/in the name and representation of the Entity .............................., with domicile in .........................., and NIF .................., constituted by writing authorized by the Notary of ................ D. ....................... of date ..................., with the number ............ of its protocol. It is recorded in the Commercial Register of ..................... with the following data: take ......, folio ......, leaf ............. Its representation and powers are ..............................................................................

The above will be called, in front, together as the "Parties".

EXPOSE

I. That the "Institute for the Diversification and Saving of Energy (IDAE)", according to the Fines and Functions established in its Statute, has the task, among others, of the functions of: " to analyze, to determine, to propose and to implement the measures necessary to obtain effective sectoral policies, to promote the use of new technology in equipment and projects and to encourage the use of new energy sources, the rationalization of consumption and the reduction of energy costs. " To this end, the IDAE may carry out the allocation and control of any grants and financial incentives for conservation, saving, diversification and energy development purposes.

II. That by resolution of date ............. ("BOE" number ..........) are established the regulatory bases and convocation of the Program of aids for the energetic rehabilitation of buildings of the residential sector (house and hotel use). The aim of this aid programme is to encourage and promote the implementation of comprehensive actions to promote energy saving, the improvement of energy efficiency and the use of renewable energy in buildings in the sector. residential (home and hotel use) in Spain. The aid arrangements provided for in that programme include the repayable loan.

III. That ..................... (hereinafter the beneficiary) is the sole owner/representative of the Community of Owners/Grouping of Owners/Owners of the Building Site at .............................. or Energy Services Company that has A contract of ..................... In the building site at ......................., which, in accordance with the decision to grant the Program of Aid for the Energy Rehabilitation of Residential Sector Buildings (home and hotel use) that will then be specified, has the performance of a performance consisting of ................................................................................, in that building, according to the description included in Annex A (hereinafter the action), all with the energy objective of ...........................................

IV. That the beneficiary has been granted an aid by IDAE, in the form of a repayable loan for the development of the said action, in the context of the aid programme for the energy rehabilitation of buildings in the sector residential (home and hotel use), in accordance with its regulatory basis and in the following terms and conditions established by the decision to grant date ................................,

-Loan amount

-Interest rate:

-Warranty:

-Start of performances:

-Run-time of performances:

-Amortization deadline:

-Other conditions:

V. That the beneficiary has accepted the conditions of the aid by letter of date ....................., as well as an individual guarantee/certificate of security of caution, in accordance with the terms and conditions laid down in the regulatory bases of the Aid programme for the Energy Rehabilitation of Buildings in the Residential Sector (home and hotel use), the formalisation of this loan agreement is appropriate, according to the following

STIPULATIONS

1. Granting of the loan, purpose and duration.

1.1 Loan Concession.

By this Agreement IDAE grants to the beneficiary, which accepts, a commercial loan whose modality, amounts, purpose and duration are as set out below.

1.2 Amount.

The total amount of the loan for the amount of ......................... euros (.......... €) will be received by the beneficiary by bank transfer, within the maximum period of 10 working days since the signing of this contract, so the Time-limits for the calculation of interest shall start to be computed from the date of the transfer order, which via Banco de España and the same day, shall be issued by IDAE.

1.3 Purpose.

The total amount of the loan shall be allocated exclusively to the costs arising from the actual performance of the performance specified in Annex A, in accordance with the technical and economic data which has been used by the Resolution of the granting of the Program of Aid for the Energy Rehabilitation of Buildings of the Residential Sector (house and hotel use) of date ................, and according to the regulatory bases of the same, established by resolution of ............................ ("BOE" number ..................).

1.4 Duration.

The loan will last for a period of ... years (1 year of absence with settlement and interest payment, plus ..... years of repayment of principal and corresponding interest), with its maturity being the last day of the month in which it is comply with the ....... years of validity, counted from the day on which the IDAE makes the transfer of the funds referred to in point 1.2. of this contract.

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

• Period of absence, with settlement and interest payment:

-Start: date of transfer of funds as set forth in stipulation 2.1.

-First interest rate due date: ...../.../......

• Principal amortization period:

-Date first principal amortisation fee (plus interest): ..../.../......

-Last principal amortization (plus interest) date: .../..../.......

2. Accrual and interest settlement.

2.1 Devengo and interest settlement during the period of absence

The loan will yield interest on the total of the living capital in favor of the IDAE that will be accrued day by day based on a simple capitalization law, and will be settled and made effective monthly, calculated by the number of days. actually passed for a 360-day commercial year.

The number of days actually elapsed from the beginning of the month in question to the last calendar day is understood per month. Notwithstanding the foregoing, if a monthly period ends on an indeft day, it shall be deemed to be extended until the following working day immediately thereafter, the date on which the new period of interest shall be initiated, thereby the excess or default of duration which may be produced in a given period of interest, as a result of the foregoing, shall be deducted or added at the immediate following point.

The interest accrued during the period of absence shall be settled and shall be payable, by payment of the direct receipt that the IDAE will present to the beneficiary on the last day of each month, until the end of that period of lack.

Exceptionally, the payment of the first interest fee will not correspond to that of a full monthly period, but will be made by the amount that will result from applying the interest to the exact number of days since it was made. the transfer of the amount of the loan granted, up to the last day of that month.

2.2 Devengo and interest settlement after the end of the period of absence.

After the end of the period of absence, the interest on the loan will be calculated on the living capital at the end of the previous monthly period and will become interest day by day on the basis of a simple capitalization law, and will settle and make monthly effective, calculated by the number of days actually passed for a 360-day trading year.

Interest accrued from the end of the period of absence shall be settled and shall be payable in conjunction with the repayment fees of the loan, as set out in the stipulation 5, by payment of the receipt domiciled that the IDAE will present to the beneficiary on the last day of each month, until the end of the life of the loan.

3. Interest rate.

3.1 Type of Common Interest.

The common interest rate applicable to the loan will be calculated by the IDAE by adding the margin to the Euribor.

Euribor (EuropeInterbankOfferedRate) means the rate published by the Bank of Spain for non-transferable deposits and periods of one year, read on the first working day of each calendar year. The above mentioned rate shall correspond to the average price at the close of the first business day taken as a reference. In the case of the disappearance of the Euribor, the replacement index shall be applied.

The Euribor will be taken with an approach of three decimal places, rounding to the position of the thousandths, so the figure that occupies the place of the thousandth will increase in a unit when the position of the decimesimas has a value equal to or greater than 5, and will not be modified when the position of the decimesimes is less than 5.

The Euribor will be reviewed on the first business day of each calendar year, serving this reference for all months within that calendar year.

In the event that the EURIBOR cannot be read for any circumstance on the first working day of the year, it shall be taken immediately following the next business day of the year with reading.

The margin will be a lifetime fixed value of the loan of 0.0 percentage points that will be added to the Euribor.

For the purposes of this contract, the ordinary interest rate up to December 31 of the year of signature of the contract shall be ...., ....%.

3.2 Delay interest rate.

Without prejudice to the anticipated expiration causes set forth in the stipulation 11, if any of the payments to be made by the beneficiary for any concept will not be made on the date set forth herein. Contract, outstanding amounts shall be deemed to be capitalised on a monthly basis and shall produce from the day following their maturity, in favour of the IDAE and without the need for a prior claim, an interest for late payment due on a daily basis, on the basis of a year of three hundred and sixty (360) days, which will be determined by adding 4 percentage points to the Euribor.

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

The payment of interest on late payment shall be made in conjunction with the rest of the payments of the next normal maturity of the loan, in default of payment by voluntary liquidation carried out by the beneficiary prior to the loan. date.

3.3 Communication and acceptance of the applicable interest rate.

3.3.1 Communication by the IDAE.

The IDAE will calculate the interest rate to be applied each year in accordance with point 3.1 of this stipulation, and will communicate it by letter, fax or e-mail to the beneficiary prior to the first expiration date. monthly of each year.

3.3.2 No opposition by the beneficiary.

The beneficiary will not be able to refuse acceptance of the interest rate communicated by the IDAE except manifest error and not corrected in its determination. For all purposes, it is expressly agreed that if the beneficiary does not expressly object to the interest rate communicated in accordance with the provisions of the preceding paragraph, by means of a communication to that effect addressed to the IDAE within 48 hours. hours since the release of the statement, it shall be understood as long as it accepts the same. Otherwise, in the event of the beneficiary's failure to comply, he must communicate it by letter, fax or e-mail to the beneficiary, before the deadline set, with the following consequences:

(a) if the rejection is based on a manifest error in the calculation by the IDAE of the applicable interest rate, it shall remedy that error and restart the applicable interest rate communication procedure;

(b) if paragraph (a) above does not apply, and the beneficiary maintains the disconformity, the anticipated maturity of the loan shall be made, with the consequences provided for in the provision 11, taking into account that for the determination of the application interest, the values for the last period accepted by the beneficiary shall be taken.

3.4 Capitalization of overdue interest

In accordance with Article 317 of the Trade Code, the interest due and unpaid will be capitalised on a monthly basis and as an increase in capital due, in turn, will result in new revenues at the interest rate of the delay to be applied in accordance with the provisions of the previous paragraph.

4. Commissions.

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

5. Amortization of loan capital and interest payments.

5.1 Mandatory amortization of loan capital and interest payments.

The capital of the loan shall be amortised by ............... successive monthly instalments, domiciled in the beneficiary's bank account, specified below, which shall be initiated from the end of the period of the absence, period in which only interest shall be paid, in accordance with the provisions of the stipulation 2.

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

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

For all of its duration, the loan will yield interest at the stipulated rate, which will be accrued and settled for past monthly periods, the last day of the monthly period to which they correspond.

During the amortisation phase, the beneficiary, in addition to the monthly satisfaction of the agreed interest on the outstanding return capital, shall write down the relevant principal share.

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

5.2 Voluntary Early Repayment.

The beneficiary may write off in advance, in whole or in part, the outstanding loan balance provided that it is communicated to IDAE with one (1) month prior to the date the early repayment is intended to be made. effective, and this date coincides with the completion of a period of interest. In that notice, the beneficiary shall indicate whether the amounts delivered should be used to reduce the repayment term of the loan or the minortisation of the outstanding depreciation fees at that time. In the absence of any of the two options, it is understood that the early repayment to be made will be used to reduce the repayment period of the loan.

6. Payee payments.

6.1 Payments on respective due dates.

The beneficiary shall make all payments to be made under the terms of this contract, by principal, interest, expenses and any other concept provided for in this contract in the respective dates of due to the payment of the receipts to which the IDAE is issued by the current account which the beneficiary keeps open in the Entity ................................................., with the account code n. ................ The beneficiary undertakes to maintain that account as long as the validity of this contract has not expired and to communicate to the Banking Entity the authorization granted to IDAE for the direct debit of the receipts as a result of this (a) a loan, as a model, attached to this contract as Annex B. This obligation shall be extended to any change or modification of that account, which shall be communicated to the IDAE in writing, in a feisty manner, at least one month in advance; to the date on which such effects are intended to be applied, at that time, as a new payment address, the new account provided in this respect.

6.2 No requirement requirement.

The beneficiary shall make all payments as referred to above in full and without any special requirement from the IDAE.

6.3 Net tax payments.

With the only caveat indicated below, all payments must be made by the net beneficiary and free of any tax or deduction that may tax, at present and/or in the future, such payments.

In the event that the beneficiary is subject to the Company Tax, in accordance with the regulatory regulations of the said Tax, there will be a legal obligation to practise a withholding tax on that tax, due to the payments made to the IDAE under this contract. In this sense, the beneficiary shall practice such a withholding as provided for in the legislation in force at any time, communicating to the IDAE the origin of said retention and shall issue the appropriate certifications established in the regulatory regulations of the said tax.

6.4 Receipt of principal without reservation of interest.

The receipt by the IDAE of the payment of amounts in principal, even without expressly reserving the right to the interests agreed, will not extinguish the obligation of the beneficiary with respect to the same.

7. Imputation of payments.

Any payment made by the beneficiary to IDAE, in accordance with this contract, will be applied to the following concepts and the order listed below:

1. Interest on late payment.

2. Ordinary interests.

3. Expenses and taxes due.

4. Principal.

8. Payment compensation.

The beneficiary hereby empowers and irrevocably authorizes IDAE to be able to apply to the payment of the amounts due and payable under this Agreement, how many amounts could be due at any time to the beneficiary, even if they are not due or are subject to term or term.

9. Guarantees.

9.1 The beneficiary, in terms and conditions established by the regulatory bases of the Program of Aid for the Energy Rehabilitation of Residential Sector Buildings (home and hotel use), has delivered to IDAE endorsement/individual certificate of security of caution in the amount of .......................

9.2 In the event of a non-consensual reduction or loss, for any reason, of the guarantee provided above, the beneficiary shall be obliged to remedy any such circumstances within a period of not more than 15 days. from the date on which it receives the communication which the IDAE makes in this regard, by providing new or additional additional or additional guarantees, under the same conditions and with the same requirements laid down by the bases Regulatory framework for the Energy Rehabilitation of Sector Buildings Programme Residential (home and hotel use). Failure to comply with this obligation shall entitle the IDAE to declare the anticipated maturity of the payment obligations provided for in this contract.

9.3 The IDAE may proceed with the execution of the collateral provided, without requiring the beneficiary, when the beneficiary has not verified compliance:

• In the case of payment obligations: within a maximum of five working days from the date on which you receive the said requirement.

• In the other contractual obligations: within a maximum period of thirty calendar days, also, from the date on which the corresponding requirement is received.

All expenses that may arise from the provision, constitution, notification, modification and/or replacement of the guarantee provided for in this stipulation shall be of account and shall be borne by the beneficiary.

10. Obligations.

The beneficiary is obliged to comply with all commitments under this Agreement, regulatory bases and grant resolution for the Energy Rehabilitation of Residential Sector Buildings. (home and hotel use), and in a specific way to meet the following obligations over the entire life of the loan, generating its non-compliance with the consequences provided for in the stipulation 11.

10.1 Licenses, authorizations, and permissions.

The beneficiary is required to apply for, obtain and maintain in force the permits, licenses and authorizations required at any time to carry out the performance that is the subject of the financing of this contract.

10.2 Technical and economic information.

The beneficiary is obliged to provide IDAE with the information or documentation requested by it on its respective technical, economic, patrimonial and accounting situation, within a maximum period of 15 calendar days and, in particular, (a) to provide evidence of the payment of its tax and social security obligations under the terms and conditions laid down in the regulatory bases of the Aid Programme for the Energy Rehabilitation of Residential Sector Buildings (home and hotel use).

10.3 Investments or eligible cost.

The beneficiary is obliged to allocate the loan object of this contract to the purpose set out in the stipulation 1.3, which it undertakes to carry out within the period of execution established by the Resolution of the Grant Program for the Energy Rehabilitation of Residential Sector Buildings (home and hotel use).

Non-compliance with the purpose of this loan will be due to the anticipated maturity of the loan as set forth in the stipulation 11.

In order to fulfil the purpose of the contract, the beneficiary shall justify the performance of the contract under the terms and conditions laid down by the regulatory bases of the Programme of Aid for the Energy Rehabilitation of Residential Sector Buildings (home and hotel use).

10.4 Insurance.

The beneficiary assumes all responsibility for loss, theft or damage of any kind that may be incurred by the facilities that make up the performance, as well as the damage that the facility itself may cause to its personal or personal and property of third parties, not being able to excuse the payments due to IDAE under this contract, being protected in total or partial loss of the facilities. To this end, the beneficiary must agree and maintain in force throughout the life of this loan, insurance covering the risks of the facilities financed, with insurance institutions of recognised prestige.

Consequently, in the absence, insufficiency or imperfection of the corresponding insurance or insurance of the installation, the liability of any order and nature shall be solely and exclusively to the beneficiary, without the IDAE may be linked, in no way, to the beneficiary or any third party for such reasons.

10.5 Broadcast.

The beneficiary undertakes that, in all the dissemination actions that are carried out in relation to the performance financed under this contract, either broadcast in printed form or by any other means, make express mention of the funding provided by the IDAE under the aid programme for the energy rehabilitation of buildings in the residential sector (housing and hotel use).

Likewise, the beneficiary undertakes to install and maintain in the facilities hosting the performance financed under this contract, a perfectly visible and legible poster, in which the Legend: "Project carried out with funding from IDAE, hosted by the Program for the energy rehabilitation of buildings in the residential sector (home and hotel use)", including the IDAE logo.

The location of the poster, as well as its graphic design, measurements and materials with which it is made, must be approved by IDAE.

10.6 Acts of disposition and lien.

The beneficiary is required to maintain this Agreement, and the rights arising therefrom are derived for IDAE with the same or better preferences, privileges and rank as those derived from or may be derived for other creditors. cause of contracts that you have concluded in the past or celebrate the beneficiary in the future.

The beneficiary is obliged to allocate the goods and equipment financed under this contract to the intended use during its entire term, not being able to split, sell, sell, dispose or dispose in any way of such equipment, in such a way as to impair the intended use of this contract.

11. Anticipated maturity.

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

-In the event of a serious breach of any of the obligations under this contract and in particular the failure to pay any of the capital, interest and other obligations Cash within the time limits set for the purpose, or the misuse, deterioration or abandonment of the Project.

-In case of revocation of the aid granted by the grant resolution of the Program of Aid for the Energy Rehabilitation of Buildings of the Residential Sector (home and hotel use), in the terms and conditions established by their regulatory bases.

-If the payee:

a) Incompliance with the obligation of economic information or shall not deposit, being legally obliged to do so, its accounts in the Mercantile Register.

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

c) Incurriesen in late payment versus other creditors.

(d) You may, however, have the same or the liquidating of your goods.

e) Incurriese on legal grounds of dissolution, if they are legal persons.

(f) Fuse declared as a creditor contest or shall submit a request for a voluntary contest or be admitted to the application for its necessary competition.

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

h) I shall not carry out, for any reason, or suspend the execution or performance of the action to which the loan capital is intended, or shall perform it in a manner other than that contained in the documentation which prompted the Resolution of the Grant Program for the Energy Rehabilitation of Residential Sector Buildings (home and hotel use).

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

(j) Amend to 50% or more of the company's shareholding, in case the beneficiary is a legal person, unless expressly authorised by the IDAE.

k) Any other circumstances expressly provided for in this contract.

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

After that period without the beneficiary making full reimbursement of the amount so calculated, the judicial or extrajudicial actions to be agreed shall be issued to IDAE. In this case, the IDAE may additionally require the beneficiary to penalize a penalty equivalent to 1.5% of the amount due at the time of the notification of the anticipated maturity, in terms of damages. This final amount, in turn, will generate the interest on the delay provided for in the provision 3.2.

12. Executive Action.

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

13. Communications and notifications between the Parties.

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

IDAE:

Madera Street, No. 8.

28004 Madrid.

Phone: 91 456 49 00.

Fax: 91 523 04 14.

Payee:

Address:

Phone: .........................................

Fax: ...........................................

14. Expenses and Taxes.

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

15. Transmission of rights.

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

16. Applicable law and jurisdiction.

The Parties, with the express renunciation of the jurisdiction that may correspond to them, if another, expressly submit themselves to the jurisdiction of the Courts and Tribunals of the City of Madrid in order to decide how many questions may arise from the present contract.

ANNEX A

Technical and economic data for the performance to be financed

ANNEX B

Bank Notification Model

Attention of Mr. Bank/Bank Director

Branch

Address

Population

I hereby inform you that, in accordance with the loan agreement signed with the Institute for Energy Diversification and Savings (IDAE), you must pay the receipts that, with a monthly periodicity, make the payment referred to by the Institute, under the account of the following reference:

N. account:

This receipt payment order will remain in effect until the end of the loan contract subscribed with IDAE.

Likewise, I ask you to transmit the precise instructions so that, on the part of your organization, you will immediately report to the aforementioned Institute for the Diversification and Saving of Energy (IDAE), with address in Calle Madera, 8 (28004 Madrid), in the event that any of the following situations arise in relation to that account:

-Cancellation of this receipt payment authorization,

-account cancellation,

At .................................... a, ................ of ........................ of 20 ...

Signed ............................................................ (Account Holder's Representative)

Acknowledgement of receipt and compliance granted by the financial institution.

By this document the undersigned Financial Entity confirms the veracity of the current account ownership data in which transactions related to the loan agreement with the IDAE will be performed, accepting the domicile of the receipts issued and committing to inform the IDAE in case of any of the situations referred to in this document.

(Signature and seal financial institution)

ANNEX C

Banking endorsement model

The Bank ..........................................., with its registered office in ............................ of ............., represented by D. .................................................................., with sufficient powers to force itself in this act, is constituted, as widely as in law is required, before the Institute for the Diversification and Energy Saving (IDAE), with its registered office in Madera Street, number 8, Madrid, and CIF Q-2820009-E, in a solidarity guarantor of the entity ............................................., with registered office in ......................................., and CIF ................................, up to the amount constitutes a maximum limit for the commitment which it acquires, in the amount of EUR ............................, and in order to ensure compliance with each and every one of the obligations laid down for that entity in the contract of ................................... that the same has subscribed with the referred Institute for the Diversification and saving of the Energy on date ............................

This endorsement will be valid from the date of issue, until .................................

The Bank ................................. as a guarantor entity, expressly disclaims any benefits that may correspond and most especially to those of order, division and excision by committing to care, first and foremost. simple requirement, all requests made by the Institute for Energy Diversification and Savings in respect of this guarantee, paying you the amounts that the Institute can ask for, sufficient for this to be communicated to you. in writing. The attention to the request shall be carried out without opposing such a guarantor, any excuse, including the opposition of the endorsement, in relation to the execution of the present endorsement.

The signatory of this endorsement is duly authorized, by virtue of the public deed of proxy granted .........................................................., to compel in the form and terms previously exposed to its mandante: the Bank ..........................................., this being one of the operations which, according to the article ........................ of its Statutes, can legally perform.

The present endorsement has been entered with date .................... in the Special Register of Avales (or Guarantees) of this entity with the number ............................................................

In ................................................, to ........ of ...................... of ..........

(Seal of the financial institution and signature of your proxy)

Note: The firm of the financial institution's proxy must be brought in by the public purse.