Locations
1. From 7 February to 28 February 2025, proposals may be submitted on the auction procedure for energy saving needs provided for in Article 19 of Royal Decree 36/2023, of 24 January, which establishes the Energy Saving Certificates (CAE) system (see Public consultation on auction mechanism).
2. In accordance with the applicable regulations:
a) This procedure is to be regulated by ministerial order of the Ministry for Ecological Transition and the Demographic Challenge.
b) It is expected to be financed by the National Energy Efficiency Fund (Fondo Nacional de Eficiencia Energética – FNEE), subject to approval by the FNEE's own Monitoring and Control Committee.
c) Only those who hold the status of delegated entity, in accordance with the provisions of Article 9 of the aforementioned Royal Decree 36/2023, may participate in the auction mechanism.
d) The delegated entities must accredit compliance with the savings that have been awarded to them through the CAE, whether their own or those assigned by a third party, by signing a private agreement (CAE agreement), the minimum content of which is regulated in Order TED/815/2023. This CAE agreement can also be signed by public sector entities, taking advantage of the specifications for the contracting of an action that is going to generate energy savings.
Please note that the type of energy saving actions can be standardised, replicable actions, which are included in the technical data sheets integrated in the Catalogue regulated in Order TED/845/2023 (see Current data sheets), or singular energy saving actions, after the corresponding verification.
e) Under no circumstances may the energy saving requirements awarded to a delegated entity be subsequently assigned, delegated or transferred to a third party.
3. Obviously, within the limits established in the regulations, the auction mechanism must be based on the principles of transparency, proportionality, objectivity, effectiveness and efficiency and allow for the diversification of energy saving channels.
4. This public consultation relates to the regulation of eligibility in the CAE system, in order to establish eligibility criteria, ensure transparency and avoid duplication of incentives between CAEs and public aid programmes (see Public consultation on eligibility). It is also time to point out the possible regulatory and non-regulatory solutions for this initiative, since – it should be borne in mind – under no circumstances can an action that has benefited from an aid programme financed by the FNEE be the subject of an application for the issuance of a CAE, in accordance with the applicable regulations.
The deadline for submitting proposals also ends on 28 February 2025.
5. These prior public consultations are the first step in developing these draft regulations. Subsequently, the corresponding administrative procedure for their elaboration must be substantiated, with the procedures of hearing, public information and reports prior to their final approval and publication in the Spanish Official State Gazette.