Setting an example is a need that we must perceive the citizens and from public administrations Spanish we can recognize that they lack initiative before compliance with the European Efficiency Directive Energy 2012/27/UE.
After the presentation of the National Action Plan for Energy Efficiency 2014-2020 in Spain and the Long-term strategy for rehabilitation energy in the building sector we suffered the pertinent "slap" from the Union Union with the opening of a process court for not complying with and adequately transposing the European regulations on efficiency energy (It should be noted that another 23 countries are in the same situation). Given this situation, which possibly cause an economic outlay that possibly we will not be able to evaluate or recognize the citizens, undoubtedly the Administration has to act.
This week the new Law 15/2014, of September 16, on the rationalization of the Sector Public and other reform measures administration (BOE nº 226 of 09/17/2014) where among many other issues requires that the administrations must acquire goods, services and buildings with high performance energy in compliance with the European Directive and by monitoring the roadmap of the Plan and Strategy previously cited.
Thirteenth additional provision. Energy efficiency in the acquisitions of the Public Administrations integrated into the Public Sector State.
1. The Public Administrations referred to section 2 of article 3 of the Consolidated Text of the Law on Public Sector Contracts, approved by Royal Decree Legislative 3/2011, of November 14 (Access to Doc. HERE reference in Pag-3) , that belong to the Sector State Public, can only acquire goods, services and buildings that have high performance energy , to the extent that this is consistent with profitability, economic viability, sustainability in a broader sense , the suitability technique, as well as sufficient competence, as indicated in the Annex to this Law.
The obligation established in paragraph above will be applicable to supply contracts, services and works resulting in the construction of a building , provided that such contracts are of a value estimated equal to or greater than the thresholds of contracts that determine the subjection to a harmonized regulation established in articles 14, 15 and 16 of the Consolidated Text of the Law on Public Sector Contracts. Likewise, it will be applicable to the acquisition or lease of buildings.
2. The obligation referred to in paragraph 1 will be applicable to the contracts of the Armed Forces only to the extent that its application does not give rise to any conflict with its nature and with the basic objectives of their activities. The obligation will not apply to contracts for the supply of military equipment, understanding by such equipment specifically designed or adapted for military intended to be used as weapons, ammunition or war materiel, the contracting of which is regulated by the Law 24/2011, of August 1, on Public Sector Contracts in which areas of defense and security.
3. By the Ministry of Industry, Energy and Tourism , promote actions aimed at ensuring that by the various entities of the regional and local public sector purchase high-performance goods, services and buildings energetic.
Similarly, by the Ministries of Industry, Energy and Tourism, and Treasury and Administrations Public, the necessary actions will be carried out to make it easier for contracting authorities, in tenders for service contracts with an energy component important, they can evaluate the possibility of entering into contracts of long-term energy performance that allow assess the energy savings computed in the total period of Contract period. For these purposes, they will provide contracting authorities by publishing in the Public Sector Procurement Platform, tools methodologies to carry out the evaluation as well as models of contract and administrative clauses of legal content that must contain the specifications that govern the bidding of this type of contracts.
4. Without prejudice to the provisions of paragraph 1, when purchasing a package of products to which it applies, in your whole, a delegated act adopted under Directive 2010/30/UE, the Public Administrations to which it refers this Provision may require that the energy efficiency aggregate has primacy over the energy efficiency of the products of that package considered separately, acquiring the product package that meets the criteria for membership in the highest energy efficiency class.
By means of the previous article of the new Law, incorporates into the domestic legal system the article 6 of Directive 2012/27/EU of the European Parliament and of the Council , of October 25, 2012, regarding the energy efficiency, which amends the Directives 2009/125/CE and 2010/30/UE and repealing Directives 2004/8/CE and 2006/32/EC.
At this point I want to show a section to see the opinion of the reader, if we turn to article 6 of the Directive European (Following image):
If we carefully review Point 1, paragraph 2, in In both cases, since the new Spanish law has incorporated a modification a bit likely to provoke controversy , a tagline to the next sentence… « obligation established in paragraph above will be applicable to supply contracts, services and works WHICH RESULT IS THE CONSTRUCTION OF A BUILDING» … Giving the sensation that from the EU the application is generic, to all types of buildings and from Spain the application is limited to the acquisition of new buildings. I drop it!
The ANNEX referring to the new Law 15/2014, of September 16 is:
Energy efficiency requirements for the acquisition of goods, services and buildings by Central Public Administrations (Only I add the reference to buildings)
[…]
f) Acquire only buildings or sign new lease contracts that meet the minimum energy efficiency requirements , set at all times by internal regulations, in accordance with the provided for in articles 4 and 5 of Directive 2010/31/UE of the European Parliament and of the Council, of May 19, 2010, regarding the energy efficiency of the buildings.
As long as the current regulation that in this matter includes the Technical Code of the Building , approved by Royal Decree 314/2006, of March 17 and its modifications subsequent, the qualification required of buildings for public use administration referred to in this annex will be:
For these purposes, the , regulated in Royal Decree 235/2013, of April 5, by the that the basic procedure for the certification of the energy efficiency of buildings.
The provisions of the preceding paragraphs when the purpose of the acquisition or lease is:
– The extensive renovation or demolition of the building.
– The return of the building to legal traffic, without being occupied by the Public Administrations to which referred to in this annex.
– Preserve as an officially listed building or as part of an officially declared protected environment, or for reasons of their particular architectural value or historical.
Access to the new Law 15/2014, of September 16, rationalization of the Public Sector and other reform measures administrative
