The public administration and its obligation before the acquisition of energy buildings
Setting an example is a need that citizens must perceive and from the Spanish public administrations we can recognize that they are lacking initiative in the face of compliance with the European Directive on Energy Efficiency 2012/27 / EU.
After the presentation of the Spain's National Energy Efficiency Action Plan 2014-2020 and the Long-term strategy for energy rehabilitation in the building sector we suffer the pertinent "slap" from the European Union with the opening of a judicial process for not complying with and adequately transposing the European regulations in energy efficiency (It should be noted that 23 other countries are in the same situation). Faced with this situation, which possibly causes an economic outlay that the citizens may not be able to assess or recognize, the Administration undoubtedly has to act.
This week the newLaw 15/2014, of September 16, on the rationalization of the Public Sector and other administrative reform measures (BOE nº 226 of 09/17/2014) where among many other issues it is required that the administrations will have to acquire goods, services and buildings with a high energy performance in compliance with the European Directive and following the roadmap of the aforementioned Plan and Strategy.
What does the New Law 15/2014, of September 16, on the rationalization of the Public Sector tell us about energy efficient buildings?
Thirteenth additional provision. Energy efficiency in the acquisitions of the Public Administrations integrated in the State Public Sector.
1. The Public Administrations referred to in section 2 of article 3 of the Consolidated Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011, of November 14 (Access to the Doc. HERE referenced on Page-3), that belong to the State Public Sector, They will only be able to purchase goods, services and buildings that have a high energy performance, insofar as this is consistent with profitability, economic viability, sustainability in a broader sense, technical suitability, as well as sufficient competence, as indicated in the Annex to this Law.
The The obligation established in the preceding paragraph will be applicable to supply, service and works contracts whose result is the construction of a building., provided that such contracts are of an estimated value equal to or greater than the thresholds of the contracts that determine the subjection to a harmonized regulation established in articles 14, 15 and 16 of the Consolidated Text of the Public Sector Contracts Law. Likewise, it will be applicable to the acquisition or lease of buildings.
2. The obligation referred to in section 1 shall be applicable to the contracts of the Armed Forces only to the extent that its application does not give rise to any conflict with their nature and with the basic objectives of their activities. The obligation will not apply to contracts for the supply of military equipment, understood as equipment specifically designed or adapted for military purposes intended to be used as weapons, ammunition or war material, the contracting of which is regulated in Law 24/2011, of August 1, on Public Sector Contracts in the fields of defense and security.
3. By the Ministry of Industry, Energy and Tourism, actions will be promoted aimed at ensuring that the different entities of the autonomous and local public sector acquire goods, services and buildings with high energy performance.
Likewise, for the Ministries of Industry, Energy and Tourism, and of Finance and Public Administrations, the necessary actions will be carried out to facilitate that the contracting bodies, in the bids for service contracts with a significant energy component, can evaluate the possibility of entering into contracts long-term energy performance that allow assessing the energy savings computed in the total period of the contract. For these purposes, they will provide the contracting bodies by publishing on the Public Sector Procurement Platform, methodological tools to carry out the evaluation as well as contract models and administrative clauses of legal content that must contain the specifications that govern the tender of this type of contracts.
4. Without prejudice to the provisions of section 1, when acquiring a package of products to which, as a whole, a delegated act adopted by virtue of Directive 2010/30 / EU applies, the Public Administrations to which the referred to in this Provision may require that the aggregate energy efficiency take precedence over the energy efficiency of the products of that package considered separately, acquiring the package of products that meets the criteria of belonging to the highest energy efficiency class.
Through the previous article of the new Law, the Article 6 of Directive 2012/27 / EU of the European Parliament and of the Council, of October 25, 2012, relative to energy efficiency, by which Directives 2009/125 / CE and 2010/30 / EU are modified and Directives 2004/8 / CE and 2006/32 / CE are repealed.
At this point I want to show a subsection to see the reader's opinion, if we go to article 6 of the European Directive (Next image):
If we punctually review Point 1, paragraph 2, in both cases, a slightly modified modification has been incorporated since the new Spanish law. likely to provoke controversy, a tag to the next sentence … «The obligation established in the preceding paragraph will be applicable to supply, service and works contracts WHOSE RESULT IS THE CONSTRUCTION OF A BUILDING » … Giving the feeling 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. Let it fall!
The ANNEX that refers to the newLaw 15/2014, of September 16 is:
Energy efficiency requirements for the acquisition of goods, services and buildings by the Central Public Administrations (I only add the reference to buildings)
[… ]
F) Acquire only buildings or sign new leases that meet the minimum energy efficiency requirements, set at all times by internal regulations, in accordance with the provisions of articles 4 and 5 of Directive 2010/31 / EU of the European Parliament and of the Council, of May 19, 2010, relative to the energy efficiency of the buildings.
As long as the current regulation that in this matter includes the Technical building Code, approved by Royal Decree 314/2006, of March 17 and its subsequent modifications, the qualification required of the buildings for administrative use referred to in this annex will be:
- Class C for the heating energy demand indicator.
- Class C for the cooling energy demand indicator.
- Class C for the non-renewable primary energy consumption indicator.
For these purposes the , regulated in Royal Decree 235/2013, of April 5, which approves the basic procedure for the certification of the energy efficiency of buildings.
The provisions of the preceding paragraphs shall not apply when the purpose of the acquisition or lease is:
- In-depth renovation or demolition of the building.
- The return of the building to legal traffic, without being occupied by the Public Administrations referred to in this annex.
- Preserve it as an officially protected building or as part of an officially declared protected environment, or for reasons of its particular architectural or historical value.
Access to the newLaw 15/2014, of September 16, on the rationalization of the Public Sector and other administrative reform measures
