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Decree Law No. 50/2021


Publication: Republic Diary No. 114/2021, Series I of 2021-06-15
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 50/2021
  • Pages: 7 - 13

Summary in plain english

What is it?

This decree-law creates the legal framework applicable to the creation and execution of energy efficiency management contracts, to be signed between the services and bodies of the direct, indirect and autonomous Public Administration and energy service companies.

What is going to change?

The State and other public entities must implement energy efficiency improvement measures and install production units for self-consumption.

The procedure for the creation of energy efficiency management contracts, celebrated between the State and other entities, is ruled by the Public Contracts Code.

The State creates, with the Directorate-General for Energy and Geology, a system of qualification of energy service companies that guarantees the technical and economic qualification of market operators for the fulfilment of energy efficiency management contracts.

To sign energy efficiency management contracts, contracting entities (entities that sign a contract in the exercise of materially administrative functions) must adopt limited tender procedures by prior qualification or negotiation.

The energy service company has the right to exploit, on an exclusive basis, energy efficiency within the scope of the concluded contract and to receive the contractual price, being under the direction and supervision of the public contractor.

The public contractor is entitled to claim the value corresponding to the energy savings contractually guaranteed for the public contractor.

What advantages does it bring?

This decree-law aims to simplify the creation of the contract, reducing the bureaucratic burden to be borne by companies and individuals who wish to collaborate with the services and bodies of the Public Administration.

These contracts allow Public Administration services and bodies to improve the energy efficiency of the buildings and equipment they use, contributing to the reduction of consumption and emissions.

When does it enter into force?

This decree-law enters into force 90 days following its publication.

Original Version

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CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.