- Range of the Standard:
- Ministerial Order
- Character of the query:
- Type of participation:
- Hearing and public information
The Spanish PNIEC includes among the energy objectives, to achieve in 2030 a presence of renewable energies on the final use of energy of 42%, where the production of electrical energy from renewable energy sources should represent 74% of electricity generation , leading to a significant reduction in the level of CO2 emissions and favoring the transition to a low carbon economy.
To achieve their energy objectives, the Member States of the European Union can use support mechanisms, duly justified in accordance with European regulations.
The purpose of this proposal for a ministerial order is to establish the regulatory bases for the concession, under a system of competitive competition, of aid for investment projects in electrical energy generation facilities with renewable energy sources in the national territory.
Performed the authorization to start the preparation of this proposal for a ministerial order, in compliance with the provisions of articles 133 of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations, and 26 of Law 50/1997, of November 27, of the Government, given that this proposal for an order affects the legitimate rights and interests of individuals, it is necessary to carry out the process of hearing the aforementioned interested parties, in order to provide audience and collect as many additional contributions can be made by other people or entities.
Now, Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19, establishes in its third additional provision the suspension of administrative deadlines for processing the procedures of public sector entities, indicating that the calculation of time limits will resume at the time this royal decree or its extensions, if applicable, loses its validity.
However, the aforementioned Royal Decree indicates in the third section of its third additional provision, that the competent body may agree, by reasoned resolution, the management and instruction measures strictly necessary to avoid serious damage to the rights and interests of the interested party in the procedure and whenever the latter expresses his agreement, or when the interested party expresses his agreement that the term is not suspended. Thus, in accordance with the provisions of article 133 of Law 39/2015 of October 1, of the Common Administrative Procedure of Public Administrations, and article 26.6 of Law 50/1997, of November 27, of Government, given that this proposed order affects the legitimate rights and interests of the people, it is necessary to carry out the hearing process for the aforementioned interested parties, in order to give a hearing and collect as many additional contributions as may be made by other people or entities.
In this way, with the instruction of the hearing procedure, the intention is to avoid serious damages to the rights and interests of the interested party in the present procedure, bearing in mind that, as potential beneficiaries of the aid provided in this basic order, there would be damage significant due to the delay in processing this regulation, since it makes it impossible to access aid and the corresponding execution of the projects that are the subject of a subsidy, co-financed with ERDF funds, to boost investment in electricity generation facilities with sources renewable energy, and may include investment actions that improve management and optimize its production.
In short, due to the volume of the investment and the terms determined both in the Multi-regional Operational Program of Spain (POPE) and in the regulations applicable to the FEDER Community Funds, the object and purpose of this order lacks practicality if its delay is delayed. entry into force and the corresponding calls are not made within the expected period, with the consequent impact on the plans of strategic impulse to the generation of electrical energy with renewable energy sources and the impossibility of attracting a very important amount of FEDER funds, planned in the Axis of Transition to a Low Carbon Economy.
Once the present proposal for a ministerial order has been approved, the regulated aid will be articulated through the calls that are approved by the competent bodies as established in article 10 of the General Subsidies Law 38/2003, of November 17.
For a better understanding of the proposed ministerial order, a document is provided with the basic information to be included in the calls approved by the competent bodies.
Deadline for submitting arguments from the day Wednesday, April 29, 2020 until the day Wednesday, May 27, 2020
Submission of allegations
The allegations may be referred to the email address: bzn-SGERenovables@miteco.es