Legal framework of the CAE system in Spain.

How is the CAE legal framework structured in Spain?

The Spanish Certificados de Ahorro Energético system rests on three regulatory texts that form a coherent whole. Understanding how they fit together is essential for any actor in the CAE market, whether an installer, engineering firm, ESCO or sujeto delegado. The role of each rule and its practical impact on file management are detailed below.

What does Real Decreto 36/2023 establish and why is it the foundation of the CAE system?

Real Decreto 36/2023, of 24 January, creates the general framework of the national energy efficiency obligations system. It defines the market actors (obligated parties, sujetos delegados, intermediaries and beneficiaries), establishes the procedure for issuing and transferring certificates and sets the applicable penalty regime. It is the text that grants MITECO the authority to manage the National CAE Registry and determines that each certificate is equivalent to 1 kWh of verified final energy savings. Article 8 introduces the obligation of the Acto de Compromiso prior to the works, one of the most frequent causes of file rejection.

What is the difference between Orden TED/815/2023 and Orden TED/845/2023?

Both ministerial orders develop RD 36/2023 but cover different areas. Orden TED/815/2023 governs the operational procedure of the system: accreditation of sujetos delegados before MITECO, verification requirements by ENAC-accredited entities, format of the issuance request (form S1), processing before the Gestor Autonómico and conditions for registration in the National Registry. Orden TED/845/2023, for its part, approves the catalogue of 114 standardized fichas from IDAE that define the energy-saving calculation formulas for the most common actions in the industrial, residential, tertiary, agricultural and transport sectors.

What obligations do obligated parties have in the CAE system?

Obligated parties are the electricity and gas retailers whose sales exceed a given threshold. RD 36/2023 imposes on them an annual obligation to contribute to national energy savings, expressed in GWh. To meet this obligation, obligated parties may contribute to the National Energy Efficiency Fund (FNEE) or acquire CAE on the market. Certificates purchased from sujetos delegados allow them to fully or partially substitute their financial contribution, which creates the demand mechanism that gives CAE their economic value.

How do the regulations affect the day-to-day management of CAE files?

In practice, the regulations impose strict documentary and technical requirements at each stage of the process. The intermediary must ensure that the Acto de Compromiso is dated before the works, that the CUPS is correctly formatted, that the 9 regulatory documents are complete and that the savings calculation exceeds the 30 MWh threshold set in article 14.6 of Orden TED/815/2023. The sujeto delegado must verify compliance before submitting form S1 to the Sede MITECO. Any breach may lead to a correction by the Gestor Autonómico or to the rejection of the file by the ENAC verifier. CertificAhorro automates these checks to reduce human error and speed up processing.

What market figures should you track to estimate CAE potential?

The energy-saving obligation set by the CNMC for 2025 amounts to 4,942 GWh. The potential market estimated by the industry exceeds 600 million euros. The market price of CAE ranges between 115 and 140 euros per MWh, although it depends on supply and demand between sujetos delegados and obligated parties. As of today, MITECO has accredited 66 sujetos delegados to operate in the system (April 2026). These figures confirm that the Spanish CAE market offers significant potential for energy efficiency professionals who master the processing workflow. Check the directory of accredited sujetos delegados to identify potential partners.