One of the features 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 structural modifications necessary to adequately ensure the proposed levels of efficiency while eliminating dysfunctions in the processes of preparation, composition and execution of decisions of general energy significance.
In this sense, Congress urged the Government that it achieved, inter alia «create an appropriate legal framework so that different users can increase savings, conservation and diversification investments and repay these investments with the funds generated by the savings and the more efficient use of energy,» establishing textually that the functions of promotion and management of savings (, subject to private law, conservation and diversification is entrusted to a new State company which includes (b)) of article 6.1 of the General budget law of January 4, 1977.
The new philosophy that deals with the public performance in savings, conservation, diversification and substitution of energy, translates into the direct action of the Administration on energy consumers, through the use of juridicos-privados and commercial instruments directive that goes beyond, without a doubt, the strict scope of the performance of the public service and the legal terms of the same to definitely penetrate the allocation to public sector of a direct role in order to achieve the general purposes that have been exposed.
It is, therefore, get some public purpose, from a public entity, constituted by the Administration and representing it in the management of those same purposes through a system more agile and dynamic than the administrative law, combining into a single entity the supervision and development of the purposes that the Administration has been marked with the most suitable organization public legal business to get them.
For the management and development of this new savings, conservation, and diversification of the energy policy, the first twenty additional provision of law 46/1985, of 27 December, the State budget for 1986, establishes that the current autonomous body Institute for the diversification and saving of energy, attached to the Ministry of industry and energy, transformed "into an entity of public law (, de las previstas en el apartado b) of article 6.1 of the General budget law, January 4, 1977, retaining its own name ". At the same time, the above-mentioned additional provision regulates their nature and legal regime, purposes and functions, organization, financial resources and other necessary legal provisions.
Therefore, on the basis of the provisions in article 12 of the law 10/1983, of the Organization of the Central Administration of the State, and the other legal provisions in force, now necessary to complete the specific status of the new State entity.
By 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 on April 11, 1986, available: article 1. Nature and legal regime.
One. The Institute for the diversification and saving of energy (IDAE) is an entity of public law with the nature referred to in article 6.1. b), law 11/1977 of 4 January, General budget, ascribed to the Ministry of industry and energy, through the General Secretariat of the energy and mineral resources.
Two. IDAE has legal personality and full capacity to act for the fulfillment of its purposes.
3. 1. the IDAE is governed by provisions in the first additional provision twenty law 46/1985, of 27 of December, of the General State budget for 1986, the present Statute and other regulations applicable to state-owned companies, while they may be applicable the precepts of the law of autonomous State entities.
2. the allocation and control of subsidies by the IDAE will be regulated by specific provisions.
Four. Without prejudice in the previous issue, the IDAE will adjust its activities to private law.
Article 2. Purposes and functions.
Purposes and functions of the Institute for the diversification and saving of energy are as follows: to) propose, adopt, and implement, where applicable, guidelines, measures and studies that are necessary to get the appropriate level of conservation, saving and diversifying energy in industrial sectors, poultry or service, and may, for this purpose, carry out any kind of activities and services both in relation to administrations and public enterprises , as with any organizations, companies and private individuals.
(b) analyze, determine, propose, and implement the necessary measures to obtain effective sectoral policies, promote the use of new technology in equipment and projects, and encourage the use of new energy sources, the rationalization of consumption and the reduction of energy costs.
(c) analyze, define, propose and apply programmes aimed to investigate the sources of renewable energy to energy supply.
(d) the allocation and control of any grants and financial incentives for purposes of conservation, savings, diversification and energy development. Equally the Institute may exercise functions of Agency, mediation or establishment of channels of financing to companies or entities in general which are suitable for the achievement of the defined objectives.
(e) for the purposes specified in the preceding paragraphs, the Institute may develop activities technical assistance, engineering services, consultancy, address or execution of work, counselling and marketing, in general, products, patents, trademarks, models and industrial designs, to invest, directly or indirectly, in projects of energy interest and in societies already established or newly created.
(f) perform, in general, many functions and activities affect the promotion and management of energy saving and conservation, diversification and energy development.
Article 3. Organs of Government.
The governing bodies of the IDAE are as follows:-the Board of Directors.
-The Executive Committee.
Article 4. The Board of Directors.
One. Nature. - the Board of Directors is the highest body of Government and representation of the entity.
Two. Composition. - is composed as follows: President: the Secretary general of the energy and mineral resources.
Vice President: The Director-general of the Institute.
Members: The President of the National Institute of reform and agricultural development (IRYDA) and the Director of the National Institute of conservation (icon), the Ministry of agriculture, fisheries and food.
The Directors-General of hydraulic works and architecture and building of the Ministry of public works and urbanism.
The Directors-General of energy and of the Board of Nuclear energy of the Ministry of industry and energy.
The Directors-General of budgeting 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 the energy and mineral resources, between representatives of public and private entities and persons of recognized prestige in the energy sector, expressing their interest in participating in the activities of the Institute.
Secretary: The Secretary general of the Institute.
3. Responsibilities: 1. correspond to the governing body the following powers: to) represent in General to the entity, in court and out of it, in any acts and contracts and to any person or entity.
(b) organizing, directing and inspect the operation of the entity.
(c) regulate the operation of the Council itself, the Executive Committee and other organs of the State, in matters not provided for by the present Royal Decree.
(d) initially approving the annual programme of action, investment and financing, and annual budgets for their elevation to the Ministry of industry and energy.
(e) approve the memory, Balance and account of the results of the entity.
f) authorize the acts and contracts that are necessary or convenient to carry out the purposes of the Institute, which is its legal title and its content or amount.
(g) authorizing investment and financial operations of the entity, including the Constitution and participation in corporations, prior compliance with the legal requirements.
(h) authorize expenditures and dispose of the assets and funds of the entity, as well as claim them and collect them in accordance with the commercial rules.
(i) agree to what is convenient on exercise judicial actions and resources that correspond to the entity in defense of their interests.
(j) approve and regulate, on the proposal of the Director general of the Institute, the internal organization of the entity and the criteria for the selection, admission and staff remuneration.
(k) to ratify the appointment and separation of the management of the entity.
(l) delegate, with either permanent or temporary, specific functions in its Chairman, directors, and the Director general of the Institute.
LL) confer powers of Attorney for specific cases without limitation of people.
(m) promote general measures contribute to the better development of the public purposes of the society in terms of diversification and saving of energy consumption, encouraging agreements and necessary external collaborations.
2. the above enumeration of powers of the Council not General faculties of the same in order to representation, Government, management and administration of the entity, except as provided expressly limited by law and this Statute.
3 may not be object of delegation abilities that correspond to the Board of Directors, pursuant to paragraphs c's), d), e), j), k), l) and ll) of this article, nor those acts of disposition involving commitments or allocations by amount higher than 100.000.000 pesetas, without prejudice to the powers of report and proposal of the Executive Committee.
4. all permanent delegation of powers of the Council in the Executive Committee or other bodies or persons shall require the vote of two-thirds of the components of the same.
Four. Operation: 1. the Board of Directors will meet previous call of its Chairman, on his initiative or at the request of at least three directors, as many times as necessary for the proper functioning of the society and articles of Association, at least one time each quarter.
Not necessary the previous call of the Council so that it meets, if being present all his counselors, unanimously decide, session.
The call of the Council, except in cases of urgency appreciated by its President, shall be issued in writing at least 48 hours in advance, setting the order of topics to be treated, time and place of the meeting and shall include, in any case, the documentation suitable for the study of those.
2. the Council shall be validly constituted when attend the meeting, present and represented, half plus one of its components.
3 may attend the meetings of the Council any officer or technical manager who is summoned to do so by the President, either on its own initiative or proposal by the majority of the members of the Council.
4. agreements shall be made by majority of the concurrent members, except for as provided for in article 4.tres.4 of the present and, in the event of a tie, the President shall have the casting vote.
5. for each session shall be a report that will contain the indication of the mourners, their interventions and the circumstances of place and time that has been held, the main points of the deliberations, the form and results of the vote and the content of the agreements.
The proceedings will be drafted and signed by the Secretary of the Council, with the approval of the President, and will be approved in the same or the next session, accompanied in this case the corresponding text of the Act call for proposals.
The members of the Council will be able to place on record contrary to the adopted agreement vote or its abstention and the reasons justifying it.
5. Powers of the members of the Council: 1. corresponds to the President:-to represent top official of the Institute.
-Convene the sessions of the Board of Directors.
-Set the agenda, taking into account the requests of the members of the same.
-Chairing the meetings and moderate development of the discussions.
-Endorse the reports and certifications of the Council.
-Remember the extraordinary meetings of the celebration.
-Delegate duties to Vice President when he considers it appropriate.
-Exercise many other functions are inherent to their status as President of the Council.
2 corresponds to the Directors: - participate in discussions - making proposals and raise motions.
-Formulate requests and questions.
-Exercise its power to vote in the adoption of agreements.
-Interest, through the General Secretary, how much information they deem necessary for their participation and cooperation in the management of the public interests of the entity.
6. The Board of Directors will have an Executive Committee, chaired by the President, whose composition and functioning shall be determined by the Council itself.
Article 5. The Executive Committee.
One. Composition. - is composed as follows: President: the Director general of the Institute.
Vowels: Ten members appointed by the Secretary general of the energy and mineral resources, on the proposal of the Director general of the Institute.
Secretary: The Secretary general of the Institute.
Two. Responsibilities: 1. correspond to the Executive Committee the following powers: to) annually prepare and raise to the Council for approval the programmes, budgets, General accounts and memory of the entity.
b) meet and previously learn topics which were to submit to the Council by the Director General.
(c) approve grants and contracts amount greater than 10,000,000 pesetas, and knows the address of the destination, amount, and implementation of the granted and agreed amount less than that since its last meeting.
(d) carry out the monitoring and control of the objectives and plans of action of the Institute.
(e) to exercise those other powers as the Board of Directors entrusted or delegated.
Article 6. The Director-general.
One. Appointment and separation. - the general Director of the Institute is appointed and separated by Royal Decree agreed in Council of Ministers, on a proposal from the Minister of industry and energy.
Two. Terms of reference: 1. the Director-general responsible for the permanent exercise of the ordinary representation, administration and management of the entity.
2 in particular are functions of the Director-general: to) hold, as a general rule, the signature of the entity in any acts and legal businesses, without prejudice to other special representations that can grant the Board of Directors.
(b) execute the agreements of the Board of Directors.
(c) ordering costs and payments of current expenditure and personnel, as well as that a specific or generic nature can delegate the Council.
(d) to exercise the direction of staff and services, activities and benefits of the Institute, as well as the impulse and coordination thereof.
(e) grant all sorts of powers, in accordance with the authorizations approved by the Council.
(f) hire the staff of the Institute in accordance with the foundations laid down by the Board of Directors.
(g) agree appointment and separation of managerial staff of the Institute. These appointments and separations will have the character of provisional insofar as they are not ratified by the Board of Directors.
(h) approve projects studies, works or services and legal business in general for amount less than 10,000,000 pesetas.
(i) represent the Institute, by delegation of the Council, in the exercise of any actions and resources and to any persons or public or private entities.
(j) to exercise the powers entrusted to the Board of Directors and delegate them, prior authorisation of the Council itself.
3. the previous relationship of responsibilities of the Director-general is understood without prejudice to the corresponding to the Board of Directors and the Executive Committee of the Institute.
3. Substitutions and delegations: 1. in case of vacancy, absence or illness, the Director-general shall be replaced by the person designated by the Board of Directors. In case of urgency, the President of the Institute may designate, provisionally, a substitute, who must be confirmed by the Board of Directors convened for this purpose.
(((2. the Director-general, when deemed necessary, may delegate all their powers, except those referred to in the letters d), e), f) and g) of the previous number dos.2 of this article.
Article 7. Support bodies.
One. The Secretary General of the Institute.
1 shall correspond to the Secretary General the functions it attributed him the Board of Directors, pursuant to paragraphs c's) and j) number three of article 4 of the present Royal Decree.
2. the Secretary general of the Institute, in any case, part, with voice and without vote, the governing body, and voice and vote of the Executive Committee of the Institute, exercising the Secretary of both governing bodies of the organization.
(3. the head of the General Secretariat will be appointed and separated by the Director general of the Institute although its decision has to be ratified by the Board of Directors, in accordance with paragraph letter k) tres.1 of article 4 and g number) the number dos.2 of article 6 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 Committee on savings, diversification and renewable energy.
2. this Committee will be chaired by the President of the Institute, who may delegate this condition in the Vice President or the Agency's general Director.
3. the Commission shall be composed of a maximum of 35 members with a number just as representatives of the State administration and the autonomous communities which, by decision of its governing bodies, express their interest in participating in the same activities.
The administration of the State there will be at least two representatives of the Ministry of industry and energy, two representatives of the Ministry of Territorial Administration, two representatives of the Ministry of economy and finance and two representatives of the Ministry of the Presidency.
4 the Commission shall have the following functions: to) collect and study suggestions and projects of the autonomous communities in energy planning, offering them support at your fingertips.
(b) analysis of regional energy statistics related to the purposes and functions of the idea on the basis of the information produced by the autonomous communities in the exercise of powers to recognize their respective statutes and to provide to the Commission.
(c) report on the activities of the administration of the State, autonomous communities and other entities, and public, especially of the IDAE, in matters related to the purposes and functions of the Institute, and, thus, facilitate a few actions more effective and coordinated between the different administrations and agencies.
(d) any others that are entrusted to it by the Board of Directors.
3. Other advisory bodies - the Board of Directors of the Institute can create and regulate other organs advisory or counselors, when it considers it necessary for the better fulfilment of its purposes and functions.
The composition and functioning of these bodies shall be regulated by order of the Ministry of industry and energy, with the approval of the Presidency of the Government, subject to the provisions of this Royal Decree.
Article 8. Regime personnel.
One. Staff of the Institute shall be governed by the rules of labor law and, where appropriate, of Civil law which will be applied.
Two. The selection of personnel will be held for competition, according to the principles of publicity, equality, merit and ability.
3. Recruitment and staff remuneration shall not exceed, in any case, the limitations referred to in number two of the first twenty additional provision of law 46/1985, of 27 December.
Article 9. Heritage and resources.
One. The heritage of the entity consists of goods and rights from the former autonomous body, Institute for the diversification and saving of energy, as well as that the State Company acquires in the course of their management and which are incorporated and attached in the future by any person or entity and any title.
Two. The resources of the Institute are integrated by a) products and incomes from their heritage, as well as that from this date can be incorporated and attached by any person or entity and any title.
(b) products and income derived from its shareholdings in other companies.
(c) the contribution of the State for investment and operating expenses, which is assigned to the Institute in the General State budget.
(d) the ordinary and extraordinary revenues generated by the exercise of their activities and the provision of its services.
(e) the credits, loans, loans and other financial operations that can arrange.
(f) grants and contributions which, by any title, be granted in his favor by public or private entities, or individuals.
(g) any other unforeseen resource in previous letters that can be attributed.
3. In particular, net income obtained the Institute will go entirely to partial financing of the programme of action, investment and financing.
Article 10. Economic and financial regime.
One. Institute for the diversification and saving of energy will annually prepare a program of action, investments and financing of its activities, as provided in the General budget law, and provisions in its development, by adjusting the content of the same plans and multiannual programmes of the Institute.
Two. The Institute shall formulate budgets operating and capital, in accordance with the provisions in the General budgetary law and as a consequence of the attribution of corresponding subsidies and capital who perceives of the General State budgets, according to the provisions in its constitutive act.
ADDITIONAL provisions first.
The provisions of this Royal Decree is understood without prejudice to compliance with, in his day, as provided in article 23 of the law 46/1985, of 27 December, in connection with the corresponding catalogues of jobs, and of provisions of article 15 of the law 30/1984 of 2 August on relations of jobs , in the way that determine the rules concerning its preparation and updating.
The new entity is subrogated in the rights and obligations of the former autonomous body.
TRANSITIONAL provisions first.
One. 1 in relation to the provisions of article 8 of the present Royal Decree, the career officials who provide their services in the Institute to produce its transformation in State-owned company, shall have the right to join it, being on leave voluntarily in its body of origin, as provided in article 29.3 to) law 30/1984 , 2 August, of measures for the reform of the public function. Those who accept this situation will be computed them effects labour services as civil servants.
2. those officials who do not opt to join the new entity and belong to bodies or departmental character scales, will be available to the Undersecretary of the corresponding Ministry, for purposes of their allegiance to a new job. Exerting the same option belonging to bodies or interdepartmental scales, will be available to the General direction of the public function, for the purposes above indicated.
3. for the exercise of the right provided for in the first paragraph of this transitional provision, officials who currently provide services in the former autonomous body and opt to join the new entity, shall communicate this in within a month, starting from the entry into force of this Royal Decree, in writing addressed to the Director-general of the same. After this deadline means officials who have not expressed their choice, to renounce his right to the incorporation into the State-owned company.
Two. The workforce which provide their services in the same, in the time of the transformation of the autonomous body in State-owned company will be integrated in the new entity, respecting, in any case, their respective employment contracts.
3. 1. the staff hired in administrative regime for the former autonomous body shall participate in the competition referred to in article 8 of this Royal Decree. Selected candidates will be incorporated to the State company, retaining, however, 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 implementation of the agreements.
2. candidates who are not selected will continue providing its services in the conditions that had been doing it for the Agency independent, before his transformation and until December 31, 1986, date which will be implementing provisions of the sixth transitional provision, paragraphs 1 and 2, of the law 30/1984, the agreement of 11 January 1985 on the same and the first of the final disposition.
The remnants of Treasury of the former autonomous body that there are on the date of its legal transformation will be incorporated into the budget of the new entity as income.
FINAL provisions first.
One. 1. the Minister of industry and energy, insofar as it is not attributed to the Council of administration of the entity, shall adopt the measures necessary for the development of the provisions of this Royal Decree.
2 in particular, adopt or propose, within a maximum period of six months, the administrative arrangements to regulate: to) the allocation and control of subsidies that shall grant the Institute for the diversification and saving of energy.
(b) the composition and functioning of the Committee on savings, diversification and renewal of energy.
The Ministry of economy and finance will make budget changes that are necessary for the implementation of the provisions in the present Royal Decree and, in particular, to transform the Agency's budget the old autonomous operating budgets and capital which provides article 87.4 of the General Law on budgetary.
The entry into force of this Royal Decree are repealed many provisions of equal or lower rank to oppose provisions of the same and, in particular, the Royal Decree 101/1984, January 25, and the order of April 23, 1984.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid on April 11, 1986.
JUAN CARLOS R.
The Minister of industry and energy, JOAN MAJO CRUZATE