of the characteristics of the National Energy Plan, approved by the Congress of Deputies in Resolution of 28 June 1984, is its recommendation to the Government to introduce the necessary structural modifications to the the objective of ensuring adequate levels of efficiency at the same time as eliminating dysfunctions in the processes of the elaboration, composition and implementation of decisions of general energy importance.

In this regard, the Congress urged the government to achieve, among other things, " creating a suitable legal framework so that different users can increase investments in savings, conservation and diversification, and write down such investments with the funds generated by the saving and the most efficient use of energy ", by establishing that the functions of promotion and management of the savings, conservation and diversification subject to the private legal system, are entrusts to a new State Company as referred to in Article 6.1 (b) of the the General Budget Law of 4 January 1977.

The new philosophy with which public action in the field of energy saving, conservation, diversification and substitution is addressed is translated into the direct action of the Administration on energy consumers, the use of private and commercial legal instruments, a guideline which, without a doubt, goes beyond the strict scope of the public service and its own legal terms, in order to penetrate decisively into the allocation of the business public sector of a direct role in order to achieve the general purposes that have been exposed.

It is, therefore, a matter of obtaining public ends, from a public entity, constituted by the Administration and that represents it in the management of those same ends through a more agile and dynamic system of action That of the Administrative Law, combining in a single Entity the protection and development of the public ends that the Administration has marked with the most suitable business legal organization to obtain them.

For the management and development of this new policy of saving, conservation and diversification of energy, the additional twenty-first provision of Law 46/1985, of December 27, of General State Budgets for 1986, provides that the current Autonomous Body for the Diversification and Saving of Energy, attached to the Ministry of Industry and Energy, is transformed into an Entity governed by public law, as provided for in Article 6.1 (b). of the General Budget Law of 4 January 1977, retaining the same name '. At the same time, the above provision regulates its nature and legal status, purposes and functions, organisation, economic resources and other necessary legal provisions.

Therefore, on the basis of the provisions of Article 12 of Law 10/1983, of the Organization of the Central Administration of the State, and in the other legal provisions in force, it is now necessary to complete the specific Statute of the new State entity.

In its virtue, at the initiative of the Ministry of Industry and Energy and on the proposal of the Minister of the Presidency, after deliberation by the Council of Ministers at its meeting of 11 April 1986,

DISPONGO:

Article 1. Nature and legal status.

One. The Institute for the Diversification and Saving of Energy (IDAE) is an Entity governed by public law with the nature provided for in Article 6.1.b), of Law 11/1977, of 4 January, General Budget, attached to the Ministry of Industry and Energy, through the General Secretariat of Energy and Mineral Resources.

Two. The IDAE has legal personality and full capacity to work for the fulfillment of its aims.

Three. 1. The IDAE is governed by the provisions of the additional twenty-first provision of Law 46/1985 of 27 December 1985 of the General Budget of the State for 1986, in this Statute and in the other legal provisions implementing the State companies, without applying the provisions of the Law on Autonomous State Entities.

2. The allocation and control of grants by the IDAE shall be governed by its specific provisions.

Four. Without prejudice to the previous number, the IDAE shall adjust its activities to the private legal system.

Art. 2. Fines and functions.

The following are the purposes and functions of the Energy Diversification and Saving Institute:

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

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

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

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

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

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

Art. 3. Governing bodies.

The governance bodies of the IDAE are as follows:

-The Board of Directors.

-The Executive Commission.

-The General Manager.

Art. 4. The Board of Directors.

One. Nature. -The Board of Directors is the highest governing body and representation of the Entity.

Two. Composition. -This compound as follows:

President: The Secretary General of Energy and Mineral Resources.

Vice President: The Director General of the Institute.

Vocals:

The President of the National Institute of Agrarian Reform and Development (IRYDA) and the Director of the National Institute of Conservation of Nature (ICONA), Ministry of Agriculture, Fisheries and Food.

The Directors-General of Water and Architecture Works and Building of the Ministry of Public Works and Urbanism.

The General Directors of Energy and the Nuclear Energy Board of the Ministry of Industry and Energy.

The Directors-General of Budget and Planning of the Ministry of Economy and Finance.

Four Directors appointed by the Minister of Industry and Energy, on the proposal of the Secretary General of Energy and Mineral Resources, among representatives of public and private entities and persons of recognized prestige in the energy sector that is interested in participating in the activities of the Institute.

Secretary: The Secretary-General of the Institute.

Three. Attributions:

1. The following powers are conferred on the Board of Directors:

a) Represent the Entity, in judgment and outside of it, in any acts and contracts and in any person or Entity.

b) Organize, direct, and inspect the operation of the Entity.

c) Regular the functioning of the Council itself, of the Executive Committee and other bodies of the Entity, as not provided for by this Royal Decree.

d) Approve initially the annual programme of action, investment and financing, and annual budgets for its elevation to the Ministry of Industry and Energy.

e) Approve the Entity's Memory, Balance, and Results Account.

(f) Authorizing the acts and contracts that are necessary or appropriate for the purposes of the Institute, whatever its legal title and its content or value.

g) Authorize the investments and financial operations of the Entity, including the incorporation and participation in commercial companies, prior to the necessary legal requirements.

h) Authorize the expenses and dispose of the assets and funds of the Entity, as well as claim and charge them according to the commercial rules.

i) Agree on the exercise of judicial actions and remedies that correspond to the Entity in defense of its interests.

j) Approve and regulate, on a proposal from the Director-General of the Institute, the internal organization of the Entity and the criteria for the selection, admission and remuneration of the staff.

k) Ratify the appointment and separation of the entity's management staff.

l) To delegate, on a permanent or temporary basis, certain functions to its President, to the Directors, and to the Director-General of the Institute.

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

m) Incentives as many general measures contribute to the best development of the public's goals of diversification and energy consumption savings, promoting external agreements and partnerships required.

2. The previous enumeration of the Council's powers does not limit the general powers of the Council in order to the representation, government, management and administration of the Entity, except as expressly established by the Law and in this Statute.

3. The powers of the Management Board, as referred to in points (c), (d), (e), (j), (k), (l) and (ll) of this Article, or those acts of provision involving commitments or allocations, shall not be delegated to the Management Board. with a value exceeding 100,000,000 pesetas, without prejudice to the powers of report and proposal of the Executive Committee.

4. Any permanent delegation of the powers of the Council to the Executive Committee or other bodies or persons shall require a favourable vote of two thirds of the members of the Executive Committee.

Four. Function:

1. The Board of Directors shall meet at the request of its President, at its initiative or at the request of at least three Directors, as often as is necessary for the proper functioning of the Society and, in the statutory, at least once every quarter.

The Council shall not be required to meet, if all its members are present, in order to meet, unanimously, to hold a meeting.

The Council convocation, except in cases of urgency appreciated by its President, shall be in writing at least forty-eight hours in advance, setting the order of the matters to be dealt with, the time and place of the meeting and include, in any case, the appropriate documentation for the prior study of those.

2. The Council shall be validly constituted when the meeting, present and represented, is attended, half plus one of its components.

3. Meetings of the Council may be attended by any director or technical position to be convened by the President either on his own initiative or on a proposal from the majority of the members of the Council.

4. Agreements shall be made by a majority of the concurrent members, except as provided for in Article 4 (3) (4) of the present and, in the event of a tie, the President shall have a vote of quality.

5. A record shall be drawn up for each sitting, containing the indication of the persons in attendance, their interventions and the circumstances of the place and time at which they were held, the main points of the deliberations, the form and results of the voting and the content of the agreements.

The minutes shall be drawn up and signed by the Secretary of the Council, with the approval of the President, and shall be adopted in the following session, accompanied in this case by the corresponding text of the minutes to the call.

The members of the Council may record in the minutes their vote against the agreement or their abstention and the reasons for the agreement.

Five. Powers of the members of the Council:

1. Corresponds to the President:

-Ostend the highest official representation of the Institute.

-Call the sessions of the Board of Directors.

-Set the order of the day, taking into account the requests of the members of the same.

-Preside over meetings and moderate the development of debates.

-Visage Council minutes and certifications.

-Agreed to hold the extraordinary meetings of the same.

-Delegate your functions to the Vice President, when you consider it appropriate.

-Exercise how many other functions are intrinsic to your status as President of the Council.

2. Corresponds to the Directors:

-Participate in the discussions

-Make proposals and raise motions.

-Formulate pleas and questions.

-Exercise your voting power in the adoption of agreements.

-Interesar, through the General Secretariat, how much information they deem necessary for their participation and cooperation in the management of the public interests of the Entity.

Six. The Board of Directors shall have a delegated Commission, chaired by the President, whose composition and functioning shall be determined by the Council itself.

Art. 5. The Executive Committee.

One. Composition. -This compound as follows:

President: The Director General of the Institute.

Vocals: Ten Vocals appointed by the Secretary General of Energy and Mineral Resources, on a proposal from the Director-General of the Institute.

Secretary: The Secretary-General of the Institute.

Two. Attributions:

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

a) Elaborate annually and raise to the Council for approval the programs, budgets, general accounts and Memory of the Entity.

b) To know and report previously the issues to be submitted to the Board by the Directorate-General.

(c) Approve grants and contracts of more than 10,000,000 pesetas, and know of the address of the destination, amount and application of the granted and concerted by amount less than that cited since its last meeting.

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

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

Art. 6. The Director General.

One. Appointment and separation. -The Director-General of the Institute is appointed and separated by Royal Decree agreed upon in the Council of Ministers, on a proposal from the Minister of Industry and Energy.

Two. Attributions:

1. The Director-General corresponds to the permanent exercise of the ordinary representation, administration and management of the Entity.

2. In particular they are the remit of the Director-General:

a) To hold, in general, the signature of the Entity in any legal acts and business, without prejudice to any other special representations that may be granted by the Board of Directors.

b) Run the agreements of the Board of Directors.

(c) Order expenditure and payments on current and personal expenditure, as well as those which may be delegated to the Council by a specific or generic nature.

d) to exercise the Institute's personnel and services, activities and services management, as well as the impetus and coordination thereof.

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

f) Hire the staff of the Institute in accordance with the basis of the Board of Directors.

g) Agreed to the appointment and separation of the Institute's senior management staff. These appointments and separations shall be provisional as long as they are not ratified by the Board of Directors.

h) Approve the projects of studies, works or services and legal businesses in general by less than 10,000,000 pesetas.

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

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

3. The former terms of reference of the Director-General are without prejudice to those of the Board of Directors and the Executive Board of the Institute.

Three. Replacements and Delegations:

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

2. The Director-General may, where he considers it necessary, delegate all his powers, except those referred to in points (d), (e), (f) and (g) of the previous issue of this

.

Art. 7. Support bodies.

One. The General Secretariat of the Institute.

1. The General Secretariat shall be responsible for the tasks assigned to it by the Management Board, pursuant to paragraphs (c) and (j) of Article 4 (3) of this Royal Decree.

2. The Secretary-General of the Institute, in any case, is a part, with a voice and without a vote, of the Board of Directors, and with a voice and vote of the Executive Committee of the Institute, exercising the Secretariat of both organs of government of the Entity.

3. The holder of the General Secretariat shall be appointed and separated by the Director-General of the Institute, even if its decision is to be ratified by the Management Board in accordance with the provisions of paragraph (k) of the number of the Institute. Article 4 and (g) of Article 6 (2) of this Royal Decree.

Two. The Committee on Savings, Diversification and Renewable Energy.

1. As a consultative body of the Entity there will be a Commission on Savings, Diversification and Renewable Energy.

2. This Commission shall be chaired by the President of the Institute, who may delegate this status to the Vice-President or to the Director-General of the Entity.

3. The Commission shall be composed of a maximum of 35 members with an equal number of representatives of the State Administration and the Autonomous Communities which, by decision of its governing bodies, express their interest in participating in the activities of the same.

By the State Administration there will be at least two representatives from the Ministry of Industry and Energy, two representatives from the Ministry of Territorial Administration, two representatives from the Ministry of Economy and Hacienda and two representatives of the Ministry of the Presidency.

4. The Commission shall have the following tasks:

a) Collect and study the suggestions and projects of the Autonomous Communities in the field of energy planning, offering them the support to their reach.

(b) The analysis of regional energy statistics related to the purposes and functions of the IDAE based on information drawn up by the Autonomous Communities within the exercise of the competences they recognise the respective Statutes and which they provide to the Commission.

c) Report on the activities of the State Administration, Autonomous Communities and other public entities, and, in particular, of the IDAE, on the issues related to the aims and functions of the Institute, and thus facilitate more effective and coordinated actions between the different administrations and bodies.

d) Other than those entrusted to it by the Board of Directors.

Three. Other advisory bodies. The Board of Directors of the Institute may establish and regulate other advisory bodies or advisers, when it deems it necessary for the best performance of its purposes and functions.

The composition and functioning of these bodies will be regulated by the Order of the Ministry of Industry and Energy, with the approval of the Presidency of the Government, in accordance with the provisions of this Royal Decree.

Art. 8. Staff scheme.

One. All the staff of the Institute shall be governed by the rules of Labour Law and, where appropriate, of civil law applicable to it.

Two. The selection of staff shall be conducted by contest, taking into account the principles of advertising, equality, merit and capacity.

Three. The recruitment and remuneration of staff shall in no case exceed the limitations referred to in the number two of the additional twenty-first provision of Law 46/1985 of 27 December.

Art. 9. Heritage and resources.

One. The property of the Entity is composed of the goods and rights coming from the former Autonomous Body, the Institute for the Diversification and Saving of Energy, as well as for which the State Society acquires in the course of its management and the they are incorporated and attached to it in the future by any person or Entity and by any title.

Two. The resources of the Institute are integrated by,

(a) The products and income of your estate, as well as those that from this date can be incorporated and attached by any person or Entity and by any title.

(b) The products and income derived from their holdings in other companies.

(c) State input for investment and operational expenditure, which is allocated to the Institute in the State Budget.

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

e) The loans, loans, borrowings and other financial operations that you can make.

(f) Grants and contributions which, by any title, are granted in their favour by public or private entities, or individuals.

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

Three. In particular, the net profits obtained by the Institute shall be allocated in full to the partial financing of the Programme for Action, Investments and Financing.

Art. 10. Economic and financial regime.

One. The Energy Diversification and Saving Institute shall annually draw up an Action Programme, investments and financing of its activities, as provided for in the General Budget Law, and provisions laid down in its development, adjusting the content of the same to the Institute's multiannual plans and programmes.

Two. The Institute shall formulate the operating and capital budgets, in accordance with the provisions of the General Budget Law and as a result of the allocation of corresponding grants and capital from the budget. State generals, as provided in their constitutive law.

ADDITIONAL PROVISIONS

First.

The provisions of this Royal Decree are without prejudice to the compliance, in their day, of the provisions of Article 23 of Law 46/1985 of 27 December 1985 concerning the corresponding catalogues of posts of (a) work, and as laid down in Article 15 of Law No 30/1984 of 2 August on relations of employment, in such a way as to determine the rules relating to their preparation and updating.

Second.

The new Entity is subrogated to the rights and obligations of the previous Autonomous Body.

TRANSIENT PROVISIONS

First.

One. 1. In relation to the provisions of Article 8 of this Royal Decree, career officials who serve at the Institute upon their transformation into a state society shall have the right to join the Institute, the situation of voluntary leave in the body of origin, as provided for in Article 29.3 (a) of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service. Those who are in this situation will be computed for employment purposes by the services provided as civil servants.

2. Those officials who do not choose to join the new Entity and belong to a departmental or a departmental scale will be made available to the Assistant Secretary of the Ministry for the purposes of their assignment to a new post of work. Those who exercise the same option belong to Interdepartmental Bodies or Scales, will be made available to the General Directorate of the Civil Service, for the purposes indicated above.

3. For the exercise of the right laid down in the first paragraph of this transitional provision, officials who are currently providing their services in the former autonomous body and choosing to join the new entity must communicate it in the period of one month, from the entry into force of this Royal Decree, in writing addressed to the Director-General. After this period, officials who have not indicated their choice shall be deemed to give up their right to join the State Society.

Two. The labour force which at the time of the transformation of the autonomous body into the state company will provide its services in the same, will be integrated into the new Entity, respecting in any case their respective contracts of work.

Three. 1. The staff employed under administrative arrangements by the former autonomous body shall participate in the competition referred to in Article 8 of this Royal Decree. The selected candidates will be incorporated into the State Company, retaining, however, the rights which correspond to them, in accordance with the provisions of the sixth transitional provision of Law 30/1984 of 2 August, and in the application of the same.

2. The candidates who are not selected will continue to provide their services under the conditions that they have been doing for the autonomous body, before its transformation and until 31 December 1986, the date for which it will apply. the provisions of the Sixth, paragraphs 1 and 2, transitional provision of Law No 30/1984, the Agreement of 11 January 1985 on the Agreement and the final provision of that Agreement.

Second.

The cash balances of the former Self-Governing Body that exist on the date of their legal transformation will be incorporated into the new Entity's budget as revenue.

FINAL PROVISIONS

First.

One. 1. The Minister of Industry and Energy, as soon as it is not attributed to the Board of Directors of the Entity, shall take the necessary measures for the development of the provisions of this Royal Decree.

2. In particular, it shall approve or propose, within the maximum period of six months, the administrative provisions necessary to regulate:

(a) The allocation and control of the grants to be awarded by the Energy Diversification and Saving Institute.

b) The composition and functioning of the Energy Saving, Diversification and Renewal Commission.

Second.

The Ministry of Economy and Finance will make the budgetary changes necessary for the implementation of the provisions of this Royal Decree, and in particular to transform the budget of the former Autonomous body in the operating and capital budgets provided for in Article 87.4 of the General Budget Law.

Third.

The entry into force of this Royal Decree is repealed as many provisions of equal or lower rank are opposed to the provisions of this Royal Decree and, in particular, Royal Decree 101/1984, of 25 January, and the Order of 23 April of 1984.

Fourth.

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

Given in Madrid on April 11, 1986.

JOHN CARLOS R.

The Minister of Industry and Energy,

JOAN MAJO CRUZATE