Key Benefits:
The Council of Ministers of 20 July 2007 approved the Plan of Action 2008-2012 of the Energy Efficiency and Savings Strategy in Spain 2004-2012 (E4), adopted on 28 November 2003. The public cost of the 2008-2012 Action Plan during the period amounts to EUR 2,367 million and will be financed from funds coming from different sources.
Law 39/2010, of 22 December, of the General Budget of the State for the year 2011, in its additional thirtieth provision states that, for the year 2011, the amounts provided for in the Plan of Action 2008-2012 of the Energy saving and efficiency strategy in Spain 2004-2012, approved by the Council of Ministers Agreement of 8 July 2005, which have the consideration of sectoral reinvestments, will be financed from the access rates of natural gas and electricity. It also provides that the Ministry of Industry, Tourism and Trade shall establish the maximum amounts and their distribution in accordance with the said plan, as well as the winding-up procedure prior to the completion of the of the intended objectives.
Real Decree-Law 14/2010 of 23 December 2010 establishing urgent measures for the correction of the tariff deficit in the electricity sector, in its third provision, provides that the amounts charged to the the electricity system for the financing of the 2008-2012 Action Plan, approved by the Council of Ministers Agreement of 8 July 2005, which sets out the measures contained in the Energy Efficiency and Savings Strategy document in Spain 2004-2012 approved by the Council of Ministers Agreement of 28 November 2003, provided for The years 2011 and 2012 will be of 270 million euros and 250 million euros, respectively, will be financed by the contribution of each one of the producing companies and percentages that are established in the said provision.
Order ITC/3354/2010 of 28 December 2010 laying down the tolls and charges associated with third party access to gas installations and the remuneration of regulated activities provides for the additional provision third that the amount allocated to the financing of the 2008-2012 Action Plan, for the year 2011, from the third-party access tolls to the gas installations shall not exceed EUR 57,000,000. This amount will be distributed by the Ministry of Industry, Tourism and Trade with objective character, according to the aforementioned Plan, being liquidated after verification of the achievement of the objectives foreseen in it. It is also established that this amount will be considered as a regulated remuneration to be included in the settlement system in accordance with the provisions of Order ECO/2692/2002 of 28 October 2002 governing the winding-up proceedings of the remuneration of the regulated activities of the natural gas sector and of the quotas with specific destinations and the information system to be submitted by the undertakings, and shall be entered into the deposit account as the National Commission of Energy designate for these purposes.
On the other hand, the Institute for Energy Diversification and Savings, an enterprise public entity attached to the Ministry of Industry, Tourism and Commerce, as set out in the Plan of Action, is configured as an agent for the implementation of the relevant actions for the fulfilment of the objectives set out in that Plan.
By this order, the mechanisms of transfer from the National Energy Commission to the Institute for the Diversification and Energy Saving of the Funds for the planned actions are established for 2011. in the Plan during the year, the amount of the same and its settlement.
Royal Decree 1226/2010, of October 1, for which the basic organic structure of the Ministry of Industry, Tourism and Commerce is developed, in its article 1, assigns to this Ministry the proposal and implementation of the Government energy.
According to the requirements of the additional provision eleventh, third, second and fourth functions of Law 34/1998 of 7 October of the Hydrocarbons Sector, the National Energy Commission has issued its mandatory report on the draft of this order. Likewise, through their respective Advisory Councils for Hydrocarbons and Electricity, the hearing required in Article 24.1.c of Law 50/1997, of 27 November, of the Government has been carried out.
The order was informed by the Government's Delegate Committee for Economic Affairs at its meeting on October 6, 2011.
In its virtue, I have:
Article 1. Object.
The object of this order is the definition of the procedure of the transfer from the specific account of the National Energy Commission to the Institute for the Diversification and Energy Saving of the foreseen funds in the third additional provision of Order ITC/3354/2010 of 28 December 2010 laying down the tolls and charges associated with third party access to gas installations and the remuneration of regulated activities in the sector, as in the additional provision of Royal Decree-Law 14/2010 of 23 December 2010, for which urgent measures are established for the correction of the tariff deficit of the electricity sector, as well as the mechanism of collection and revenue in the specific account of the National Energy Commission. to the financing of the 2008-2012 Action Plan.
By this order, the settlement mechanisms and the criteria for the implementation, in 2011, of the measures provided for in the Plan of Action 2008-2012 (hereinafter the Plan) of the "Savings Strategy" are established. and Energy Efficiency in Spain 2004-2012 (E4) ", so that they can be managed by the Institute for Energy Diversification and Savings.
Article 2. Cuantias intended for the year 2011 to the actions of the Plan with charge to the electricity producing companies and to the tolls of third-party access to the gas installations.
1. The amounts earmarked for the year 2011 for the actions of this Plan will be, with the electricity system, of 270,000,000 euros and, with charge of the tolls of third-party access to the gas installations, of 57,000,000 euros.
2. The electricity producing companies included in the third additional provision of Royal Decree-Law 14/2010 of 23 December 2010 shall enter into the deposit account of the National Energy Commission referred to in the Additional provision of the order ITC/3354/2010 of 28 December 2010 and Article 6.2 of that order, the amounts earmarked for the year 2011 for the actions of that plan. Any interest that may be generated by that account shall be taken into consideration for the same purpose in the following year.
The production companies will enter into this account the amounts set out in the table below. These amounts shall be entered on a monthly basis by the said subjects during the fourth quarter of 2011 by third parties, no later than 15 of each month, except that these days correspond to Saturday, Sunday or festive in the square of Madrid, in the case shall be extended by the following first working day.
| Euros | ||
|---|---|---|
|
Endesa Generation, S. A. |
93.582,000 | |
|
Iberdrola Generation, S. A. | 88,317,000 | |
| 44.199,000 | ||
|
| 11,826,000 | |
|
AES Cartagena, S. R. L. | 5.589,000 | |
| Bizkaia Energy, S. L. | 3,834,000 | |
| Castelnou Energy, S. L. | 4.266,000 | |
|
New Generation of the South, S. A. | 4,374,000 | |
| Bizkaia Electricity, S. L. | 3,834,000 | |
| Tarragona Power, S. L. | 2.187,000 | |
| Total | 270,000,000 |
3. Payments resulting from the application of the provisions of Order ECO/2692/2002 of 28 October 2002 and the additional provision of Order ITC/3354/2010 of 28 December 2010 shall be entered in that account.
Article 3. Settlement.
The National Energy Commission will proceed to transfer to the Institute for Diversification and Energy Saving the balances existing in the specific account at the end of each month on account of the final settlement, by the amounts corresponding to the amounts allocated for the year 2011 to the actions of the said Plan.
Article 4. Implementation of the measures of the Plan. Resource application.
1. The implementation of the measures of the 2008-2012 Action Plan shall be carried out in accordance with the framework partnership agreements concluded for this purpose by the Institute for the Diversification and Saving of Energy with Autonomous Communities and Cities with Status of Autonomy.
The Institute for Energy Diversification and Savings will also carry out direct actions to promote and disseminate energy savings and energy efficiency, as well as those considered unique in sectors that have a character strategic and with companies whose territorial scope exceeds that of an autonomous community.
2. The resources of the Plan for the year 2011 for the financing of the collaboration agreements and their territorial distribution respond to the amounts and criteria approved by the Advisory Committee on Energy Savings and Efficiency at their meeting. on 13 December 2010. The territorial distribution criteria are as follows:
a) Sectoral criteria: Allocation proportional to the public support set out in the 2008-2012 Action Plan.
b) Territorial criteria: indicators that reflect sectoral activity by regions and, therefore, the effort that each autonomous community and city with Autonomy Statute will have to be used for this allocation will be used for this allocation. achieve the sectoral objectives of the Plan.
3. In the event that, after the distribution indicated in the previous number of this article, surplus or unapplied resources are available, the Institute for Energy Diversification and Savings will distribute these remaining resources among the Autonomous communities and cities with Autonomy Statute in successive exercises with the same criteria used for the initial allocation and in accordance with the procedure laid down in the collaboration agreements, or they will be applied directly by the Institute itself in its own actions as described in paragraph 1 of this Article Article.
4. The collaboration agreements with the Autonomous Communities and the cities with the Autonomy Statute provide for the obligation to carry out a minimum number of measures each year, which are considered to be a priority among those included in the Plan. by selecting themselves as those that result in greater energy savings and, preferably, those that allow for the savings of both electricity and thermal energy.
5. Autonomous communities and cities with Autonomy Statute must submit a work programme for the implementation of the measures to be approved by the Institute for Energy Diversification and Savings. Resources distributed to autonomous communities and cities will be finalists for the implementation of the measures approved in the work programmes.
Article 5. Evaluation of results.
The Institute for Energy Diversification and Saving shall, within a maximum of two years from the entry into force of this order, carry out a final report evaluating the results of the measures and actions taken. with the resources allocated in which the achievement of the intended objectives will be analyzed, to be transmitted to the Ministry of Industry, Tourism and Commerce and to the National Energy Commission. This report shall include the quantities for each of the lines of action applied, as well as the results obtained in terms of energy saving and energy efficiency. This report shall serve as a basis for the final settlement referred to in Article 3 of this order.
Article 6. Application and execution.
1. The Institute for the Diversification and Saving of Energy, in the field of its powers, will implement the actions and adopt the necessary measures for the implementation and implementation of this order and the Plan, in accordance with the provisions of the and for the achievement of the objectives set out in this.
2. The National Energy Commission, by means of a circular published in the "Official Gazette of the State", will open an account, on a deposit basis, where the part of each settlement corresponding to the Plan will be entered, for subsequent transfer to the Institute for the Diversification and Saving of Energy, as established in this order.
Single end disposition. Entry into force.
This order will take effect the day following your publication in the "Official State Bulletin".
Madrid, October 19, 2011. -Minister of Industry, Tourism and Trade, Miguel Sebastian Gascón.
