The Royal Decree-Law 8/2014 of 4 July of approval of urgent measures for growth, competitiveness and efficiency, subsequently approved as Law 18/2014, of October 15, of approval of urgent measures for the growth, competitiveness and efficiency, establishes a national system of energy efficiency obligations under which gas and electricity trading companies are assigned, to the operators of petroleum products to the greater and the operators of liquefied petroleum gases wholesale, henceforth subject (a) the obligation system, an annual national energy savings quota called savings obligations.

To make compliance with the annual energy savings obligations determined by 2014, the obligated subjects were required to make a financial contribution to the National Energy Efficiency Fund. to enter before 15 October of that year, for the amount referred to in Annex XII to that Royal Decree-Law 8/2014 of 4 July 2014.

Order IET/289/2015, of 20 February, establishing the obligations for the contribution to the National Energy Efficiency Fund in 2015, has complied with Article 70.1 of the Law 18/2014 of 15 October 2014, by the establishment of the energy saving obligation for that year, the percentages for the allocation of this obligation between the corresponding obliged subjects and the resulting savings and their economic equivalence.

In the preparation of the aforementioned Order IET/289/2015 of 20 February, and as provided for in Article 75.5 of the aforementioned Law 18/2014 of 15 October, the variations that were derived from the the data provided by the required subjects for the year 2012 relating to percentages, sales and other variables and those set out in Annex XII to that Law 18/2014 of 15 October.

However, at the time of approval, the wording of article 75.5 of Law 18/2014, stating that " the variations resulting from the data provided concerning the required subjects, percentages, sales and other variables, and those set out in accordance with paragraph 2 of this Article, may be taken into account, either positive or negative, in order to determine the corresponding amount for each subject under obligation in the year 2015 '; the quota for the financial year 2015 with variations which, in the negative or positive sense, result from the data provided relating to the obligation for the financial year 2014, but did not authorise the recognition of returns or receivables from the National Energy Efficiency Fund.

For this reason, in the table in Annex II of the aforementioned Order IET/289/2015 of 20 February, the required subjects for which the calculated variations determined a negative result were assigned the zero value as an amount economic equivalent to its obligation for the year 2015.

Today, following the amendment of the third paragraph of Article 75.5 of Law 18/2014 by Law 8/2015 of 21 May, which already authorizes such variations to be taken into account, in addition, to " recognize the rights of recovery which, where appropriate, correspond ", it is possible to assign to such subjects the right to the corresponding return of the said negative amount.

These refunds must be added, on the other hand, to the three legal persons who were wrongly assigned energy efficiency obligations in Annex XII of Law 18/2014 of 15 October 2014. they are then considered to be bound without the conditions determining the condition to be met.

On the other hand, it has been noticed that two obligated subjects of the year 2015 have entered an amount higher than that established in the aforementioned Order IET/289/2015, of February 20, so it proceeds the return of the excess.

It has also been communicated to the Monitoring and Control Committee of the National Energy Efficiency Fund, to whom, according to Article 73.3 of the Law 18/2014 of 15 October, it is the responsibility of the monitoring and control of the Fund.

By Agreement of 8 October 2015, the Government Delegation for Economic Affairs has authorised the Minister of Industry, Energy and Tourism to issue this order.

Under the agreement of the Government's Delegation for Economic Affairs, I agree:

First. Object.

This order aims at the development of the procedure for returns of undue income to the National Energy Efficiency Fund for the years 2014 and 2015, recognizing the rights of recovery and the corresponding amounts for each case.

Second. Collection rights and corresponding amounts.

1. The following collection rights are recognised:

		CIF	Indue revenue in the year 2014 (€)	Undue Revenue in the year 2015 (€)
Oils-Coosur, S.A.	A80245129	47.186.00	-
Biomar Oil, S. L	B98002264	52.578.00	-
Cardiles Oil Company, S.L.	B85473247	-	79,35
Company Española de Petroleos, S.A.U.	A28003119	11.935.288.00	-
Forest, S.A.	A15126253	69,933.41	-
Natural Gas SDG, S.A.	A08015497	28.803.00	-
	lberdrola Generation Spain, S.A.U.	A95758371	4.463.561.00	-
	Repsol Trading, S. A	A82489451	85.758.00	-
Repsol, S.A.	A78374725	19.398.703.00	-
Sampol Engineering and Works, S.A.	A07088206	-	2.594.74
SheII & Disa Aviation España, S.L.	B86358520	330.735.09	-
Total		36.412.545.50	2.674.09

2. These receivables will be charged to the National Energy Efficiency Fund.

Third. Running the return.

1. The payment and the material payment shall be made by the Institute for Diversification and Energy Saving as the National Energy Efficiency Fund Manager against the specific account opened in the deposit regime for the operational The Fund shall be financed by the Fund provided for in Article 74.2 of Law 18/2014 of 15 October

.

To this end, the legal persons established in the preceding paragraph shall forward to the said Institute the model for the application for refund of undue income included in the Annex to this order in the maximum period of time three months after the publication of this order in the "Official Gazette of the State".

2. Once the application has been received and the data referred to in the Annex has been completed, the Institute for Energy Diversification and Saving shall issue the corresponding payment order in favour of the persons concerned within the maximum period of 15 days from the date of receipt of the request, communicating it to the Directorate-General for Energy Policy and Mines.

Fourth. Effectiveness.

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

Against this order, which puts an end to the administrative route, it may be brought before the Administrative-Administrative Board of the Supreme Court in accordance with the provisions of Law 29/1998, of 13 of July, Regulatory Jurisdiction-Administrative Jurisdiction, within two months, to count from the day following that of its publication, or potestatively and with prior character, administrative appeal of reorder within one month before the the same organ that dictated it.

Madrid, October 20, 2015. -Minister of Industry, Energy and Tourism, José Manuel Soria López.

ANNEX

Indue Revenue Return Request Model to the National Energy Efficiency Fund for the year 2014

D. /Dna. ................................................................................ with ID No ........................., in the name and representation of ..........................................., holder of N.I.F.: ........................., with domicile in ..........................................................................., according to the attached document which credits its representation, requests the return of the amount of ......................... Euro indicated in Order ...................., recognizing the collection rights of the National System of Energy Efficiency Obligations corresponding to undue contributions made in 2014 to the National Efficiency Fund. Energy, and the income of that amount in the bank account whose details are detailed below:

ACCOUNT HOLDER (Entitlement Banking Certificate attached):

BANK ENTITY:

IBAN:

In Madrid, a ...... de .................................. de 2015

Signature and seal