The Delegated Entity is a key figure in Spain’s Energy Savings Certificate (CAE) System. It refers to a legal entity, either public or private, that has the capacity to assume, wholly or partially, the delegation of obtaining new annual energy savings on behalf of one or more obligated parties within the National Energy Efficiency Obligation System (SNOEE).
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Functions of the Delegated Entity
- Assumes energy-saving commitments: The delegated entity undertakes to obtain and settle, on behalf of one or more obligated parties, a number of CAEs equivalent to a specific amount of final energy savings. This is done through the signing of a delegation contract.
- Develops or promotes energy efficiency actions: To meet its commitments, the delegated entity may develop or promote actions that generate savings in final energy consumption across various sectors such as buildings, transport, industry, or services.
- Settles CAEs to fulfill commitments: Delegated entities must prove compliance with their energy-saving commitments through the settlement of CAEs. They cannot meet these commitments through financial contributions to the National Energy Efficiency Fund (FNEE).
Requirements to Become a Delegated Entity
To be accredited as a delegated entity by the National Coordinator of the CAE System, a legal entity must meet certain legal, technical, and financial capacity requirements:
- Legal capacity: Possess its own legal personality, have a corporate purpose of a commercial nature, and hold Spanish nationality, or be from another EU Member State or a third country with a permanent establishment in Spain.
- Technical capacity: Employ at least two professionals with experience in energy efficiency, have a certified UNE-EN ISO 9001 quality management system, and, optionally, demonstrate three or more years of prior experience in energy efficiency in any EU Member State.
- Financial capacity: Be up to date with tax and Social Security obligations, maintain a minimum share capital or net worth, and have civil liability insurance or an equivalent financial guarantee covering the financial risks associated with its activity as a delegated entity.
Delegation Contract
The delegation of energy savings is formalized through a delegation contract between the obligated party and the delegated entity. This contract must include a clause stipulating that the individual final energy savings obligations of the obligated party remain in place, notwithstanding the responsibilities agreed upon by the parties in the contract.
Responsibilities of the Obligated Party
It is important to note that the delegated entity does not assume the energy-saving obligation of the obligated party. The obligation remains with the obligated party, even if the delegated entity fails to meet the commitments established in the delegation contract. In such cases, the obligated party will be held responsible by the Administration for failing to fulfill its savings obligation.
Benefits of the Delegated Entity
The delegated entity figure is introduced in the CAE System to:
- Facilitate the mobilization of investments in energy efficiency.
- Offer obligated parties a flexible alternative to comply with their energy-saving obligations.
- Promote a more efficient economy in the use of energy resources.
In summary, the delegated entity plays a fundamental role in the CAE System, acting as a specialized intermediary that facilitates the achievement of energy savings and the generation of CAEs, thereby contributing to Spain’s energy efficiency objectives.
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